Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30061

Environment

We have considered the

environmental impact of this proposed

rule and concluded that, under figure 2–

1, paragraph 34(g) of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

A written categorical exclusion

determination is available in the docket

for inspection or copying where

indicated under ADDRESSES.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A new temporary § 165.T09–914 is

added to read as follows:

§ 165.T09–914 Safety Zone: Lake

Michigan, Holland, MI.

(a) Location. The following area is a

safety zone: The waters of Lake

Michigan off Holland State Park North

Pier, bounded by the sides of a triangle

with corners in approximate positions:

42°46′24′′ N, 086°12′57′′ W; 42°46′25′′ N,

086°14′08′′ W; 42°47′09′′ N, 086°13′33′′

W.

(b) Effective Date. This safety zone is

effective from 9 a.m. (local) until 2 p.m.

(local), June 2, 2001.

(c) Regulations. This safety zone is

being established to protect the boating

public in the vicinity of a planned

rocket launch show over Lake Michigan.

In accordance with the general

regulations in 165.23 of this part, entry

into this zone is prohibited unless

authorized by the Coast Guard Captain

of the Port, Chicago, or the designated

Patrol Commander.

Dated: May 16, 2001.

R. E. Seebald,

Captain, U.S. Coast Guard, Captain of the

Port, Chicago.

[FR Doc. 01–14097 Filed 6–4–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–075]

RIN 2115–AA97

Safety Zone: USS DOYLE Port Visit—

Boston, Massachusetts

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the USS DOYLE port visit from 7 a.m.

June 1, 2001 until 2 p.m. June 4, 2001

in Boston, MA. The safety zone

temporarily closes all waters of Boston

Inner Harbor within a seventy five (75)

foot radius of the USS DOYLE. The

safety zone prohibits entry into or

movement within this portion of Boston

Inner Harbor during the effective period

without Captain of the Port

authorization. The safety zone is needed

to protect the maritime community from

the hazards caused by the transit of a

large naval vessel, as well as to

safeguard the USS DOYLE, the public

and the surrounding area from sabotage

or other subversive acts, accidents, or

other events of a similar nature.

DATES: This rule is effective from 7 a.m.

Friday, June 1 until 2 p.m. Monday,

June 4, 2001.

ADDRESSES: Documents as indicated in

this preamble are part of docket CGD01–

01–75 and are available for inspection

or copying at Marine Safety Office

Boston, 455 Commercial Street, Boston,

MA between the hours of 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) Dave Sherry,

Marine Safety Office Boston, Waterways

Management Division, at (617) 223–

3006.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after Federal

Register publication. Due to security

concerns for the vessel, information

about the port call of the USS DOYLE

was not provided to the Coast Guard

until May 14, 2001, making it

impossible to draft or publish a NPRM

or a final rule 30 days in advance of its

effective date. Any delay encountered in

this regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to protect the maritime

community from hazards created by a

large naval vessel’s transit through

Boston Harbor. In addition, immediate

action is needed to safeguard the USS

DOYLE, the public and the surrounding

area from sabotage or other subversive

acts, accidents, or other events of a

similar nature. This temporary safety

zone is only effective for a three day

long port call and should have

negligible impact on vessel transits due

to the fact that vessels can safely transit

around the zone and that they are not

precluded from using any portion of the

waterway except the safety zone area

itself.

Background and Purpose

This regulation establishes a moving

safety zone on the waters of Boston

Inner Harbor seventy five (75) foot

radius of the USS DOYLE during its

inbound and outbound transits between

the BG buoy and Pier One in the

Charlestown Navy Yard in Boston Inner

Harbor. A stationary safety zone will

remain effective while at its temporary

berth at Pier One in the Charlestown

Navy Yard. The safety zone is in effect

from 7 a.m. June 1 until 2 p.m. June 4,

2001. This safety zone prohibits entry

into or movement within this portion of

Boston Harbor and is needed to protect

the maritime community from hazards

created by a large naval vessel’s transit,

to safeguard the USS DOYLE, the public

and the surrounding area from sabotage

or other subversive acts, accidents, or

other events of a similar nature. Marine

traffic may transit safely outside of the

safety zone during the inbound and

outbound transit between the BG buoy

and Pier One in the Charlestown Navy

Yard, and while the vessel is moored in

the Charlestown Navy Yard. The

Captain of the Port does not anticipate

any negative impact on vessel traffic

due to the establishment of this safety

zone. Public notifications will be made

prior to the effective period via local

notice to mariners and marine

information broadcasts.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

30062 Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979).

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although this regulation prevents

traffic from transiting a portion of

Boston Harbor, the effect of this

regulation will not be significant for

several reasons: the minimal time that

vessels will be restricted from the area,

the limited extent of the safety zone, the

ability for vessels to safely transit

outside of the safety zone, and the

advance notifications which will be

made to the local maritime community

by marine information broadcasts.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this rule would

have a significant economic impact on

a substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Boston Inner Harbor

between 7 a.m. on June 1, 2001 and 2

p.m. on June 4, 2001. This safety zone

will not have a significant economic

impact on a substantial number of small

entities for the following reasons: the

safety zone is only 75 feet surrounding

the USS DOYLE, permitting vessel

traffic to safely pass outside of the safety

zone, the safety zone is limited in

duration, and the Coast Guard will issue

marine information broadcasts before

the effective period widely available to

users of the Harbor.

Assistance for Small Entities

Due to the short notice of the need for

this regulation the Coast Guard did not

have time to assist small entities under

section 213(a) of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Pub. L. 104–121).

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

The Coast Guard analyzed this rule

under E.O. 13132 and has determined

that this rule does not have implications

for federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard analyzed this rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not pose an environmental risk to

health or risk to safety that may

disproportionately affect children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(34)(g), of Commandant Instruction

M16475.lC, this proposed rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.

2. Add temporary § 165.T01–075 to

read as follows:

§ 165.T01–075 Safety Zone: USS DOYLE

Port Visit—Boston, Massachusetts.

(a) Location. The following area is a

safety zone: All waters of Boston Inner

Harbor within a seventy five (75) foot

radius of the USS DOYLE during its

inbound and outbound transits between

the ‘‘BG’’ Buoy and Pier One at the

Charlestown Navy Yard. The safety zone

shall remain in effect while the USS

DOYLE it moored at Pier One in the

Charlestown Navy Yard.

(b) Effective Date. This section is

effective from 7 a.m. on Friday, June 1,

2001 until 2 p.m. on Monday, June 4,

2001.

(c) Regulations. (1) In accordance with

the general regulations in § 165.23 of

this part, entry into or movement within

this zone will be prohibited unless

authorized by the Captain of the Port

Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30063

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: May 17, 2001.

B. M. Salerno,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 01–14098 Filed 6–4–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 207

St. Marys Falls Canal and Locks,

Michigan; Use, Administration and

Navigation

AGENCY: Army Corps of Engineers, DoD.

ACTION: Final rule.

SUMMARY: The U.S. Army Corps of

Engineers is amending its regulations on

procedures to navigate the St. Marys

Falls Canal and Soo Locks at Sault St.

Marie, Michigan, to incorporate changes

in navigation safety procedures

published in three Notice to Navigation

Interests issued on March 29, 2000. The

St. Marys Falls Canal and Locks

navigation regulation is amended to

delete reference to oil tankers having

draft and beam permitting transit

through the Canadian lock, since the

Canadian lock no longer handles oil

tankers. The regulation will also

prohibit the cleaning and gas freeing of

tanks on all hazardous material cargo

vessels while either in the lock or while

in any part of the Soo Locks approach

canals. As an additional vessel safety

measure, whenever a tank vessel is

within the limits of the lock piers either

above or below the locks, vessel

movement will be limited to a single

vessel, unless the tanker is certified gas

free or is carrying non-combustible

products. The regulation will allow

tankers with any type cargo to transit

the MacArthur Lock when the locks

park is closed, while tankers carrying

non-combustible products or tankers

certified gas free will be allowed to

transit the MacArthur Lock when the

park is open. The regulation clarifies

that vessels, except U.S. vessels of war

and public vessels (as defined in 46

U.S.C. 2101), carrying explosives are

prohibited from transiting U.S. Locks.

DATES: The final rule is effective July 5,

2001.

ADDRESSES: U.S. Army Corps of

Engineers, ATTN: CECW–OD, 441 G

Street, NW., Washington, DC 20314–

1000.

FOR FURTHUR INFORMATION CONTACT: Mr.

Jim Hilton, Dredging and Operations

Branch (CECW–OD) at (202) 761–4669

or Mr. David L. Dulong, Chief,

Engineering Technical Services, Detroit

District at (313) 226–6794.

SUPPLEMENTARY INFORMATION: Pursuant

to its authority in Section 4 of the Rivers

and Harbors Act of August 18, 1894 (40

Stat. 266; 33 U.S.C. 1), the Corps is

amending the regulations in 33 CFR

207.441(b)(4) and (5). The regulation

governing the operation of the St. Marys

Falls Canal and Locks, 33 CFR 207.441

was adopted on March 6, 1954, (19 FR

1275) and has been amended at various

times.

Paragraph (b) is amended to delete

reference to classes of vessels permitted

to transit the U.S. locks or enter any of

the United States approach canals.

Paragraph (b)(4) is further amended by

deleting reference to oil tankers being

permitted to transit through the

Canadian lock, as the Canadian lock has

been refurbished and can no longer

accommodate oil tankers. In addition,

paragraph (b)(4) is amended by deleting

reference to personnel smoking onboard

tankers while in the lock area, as

prohibiting smoking is included in 33

CFR 207.440(s). Paragraph (b)(4) is

amended and rewritten to improve

vessel safety by adding subparagraphs

(i), (ii), and (iii). Subparagraph (b)(4)(i)

prohibits the cleaning and gas freeing of

tanks on all hazardous material cargo

vessels (as defined in 49 CFR part 171),

while the vessel is either in the lock or

in any part of the Soo Locks approach

canals from the outer end of the east

center pier to the outer end of the

southwest pier. Subparagraph (b)(4) (ii)

is added for safety purposes to limit

vessel movement to a single vessel

whenever a tank vessel carrying

hazardous cargo is within the limits of

the lock piers either above or below the

locks, unless the vessel is certified gas

free or is carrying non-combustible

products. Subparagraph (b)(4)(iii) is

added to allow tankers carrying any

type of cargo to transit MacArthur Lock

when the locks park is closed. Tankers

certified gas free or carrying noncombustible products that will not react

hazardously with water will be allowed

to transit MacArthur Lock when the

park is open.

Paragraph (b)(5) is amended to add a

phrase to clarify that vessels, except

U.S. vessels of war or public vessels as

defined in 46 U.S.C. 2101, carrying

explosives are prohibited from

transiting the U.S. Locks.

This final rule is not a major rule for

the purposes of Executive Order 12866.

As required by the Regulatory

Flexibility Act, the Corps certifies that

this final rule will not have a significant

impact on small business entities.

Comments on the Proposed Rule

Three comments were received to the

January 23, 2001, Federal Register

proposed rule and the January 23, 2001,

public notice issued by the Detroit

District. Two industry comments

requested a clarifying phrase be added

to § 207.441(4)(ii)(iii) to allow the

release of a vessel from the lock in the

direction of a approaching tank vessel,

if the tanker is certified gas free and

allow tankers certified gas free to transit

the lock when MacArthur Lock park is

open. We concur with adding the phrase

‘‘unless the vessel is certified gas free or

is carrying non-combustible products’’.

One comment requested that U.S.

vessels of war and public vessels, as

defined in 46 U.S.C. 2101, be exempt

from the provision of being prohibited

from transiting the U.S. Locks carrying

explosives. We concur with this

exemption.

List of Subjects in 33 CFR Part 207

Navigation (water), Penalties,

Reporting and recordkeeping

requirements, Waterways.

For reasons set out in the preamble,

Title 33, Chapter II of the Code of

Federal Regulations is amended as

follows:

PART 207—NAVIGATION

REGULATIONS

1. The authority citation for part 207

continues to read as follows:

Authority: 40 Stat. 266 (33 U.S.C. 1).

2. Section 207.441 is amended by

revising paragraphs (b)(4) and (b)(5) to

read as follows:

§ 207.441 St. Marys Falls Canal and Locks,

Mich.; security.

* * * * *

(b) Restrictions on transit of vessels.

***

(1) Tanker vessels—(i) Hazardous

material. Cleaning and gas freeing of

tanks on all hazardous material cargo

vessels (as defined in 49 CFR part 171)

shall not take place in a lock or any part

of the Soo Locks approach canals from

the outer end of the east center pier to

the outer end of the southwest pier.

(ii) Approaching. Whenever a tank

vessel is approaching the Soo Locks and

within the limits of the lock piers (outer

ends of the southwest and east center