Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32221

b. Remove the reference to

‘‘§ 296.209’’ and add, in its place, a

reference to ‘‘§ 46.209.’’

§ 46.196 [Amended]

Par. 26. Amend § 46.196 as follows:

a. In paragraph (a), remove the

reference to ‘‘§§ 296.205 and 296.206’’

and add, in its place, a reference to

‘‘§§ 46.205 and 46.206’’;

b. In paragraph (b), remove the

reference to ‘‘§ 296.222’’ and add, in its

place, a reference to ‘‘46.222’’;

c. In paragraph (b), remove the

reference to ‘‘§ 296.223’’ and add, in its

place, a reference to ‘‘46.223’’; and

d. In paragraph (d), remove the

reference to ‘‘§ 296.241’’ and add, in its

place, a reference to ‘‘46.241.’’

§ 46.205 [Amended]

Par. 27. Amend § 46.205 as follows:

a. In paragraph (a), remove the

reference to ‘‘§ 296.222’’ and add, in its

place, a reference to ‘‘§ 46.222’’;

b. In paragraph (a), remove the

reference to ‘‘§ 296.203’’ and add, in its

place, a reference to ‘‘46.203’’; and

c. In paragraph (e), remove the

reference to ‘‘§ 296.204’’ and add, in its

place, a reference to ‘‘46.204.’’

§ 46.206 [Amended]

Par. 28. Amend § 46.206 as follows:

a. In paragraph (b), remove the

reference to ‘‘§ 296.205(a)’’ and add, in

its place, a reference to ‘‘§ 46.205(a)’’;

and

b. In paragraph (f), remove the

reference to ‘‘§ 296.205(e)’’ and add, in

its place, a reference to ‘‘46.205(e).’’

§ 46.213 [Amended]

Par. 29. Amend § 46.213 by removing

the reference to ‘‘§§ 296.205 and

296.206’’ and add, in its place, a

reference to ‘‘§§ 46.205 and 46.206.’’

§ 46.221 [Amended]

Par. 30. Amend § 46.221 by removing

the reference to ‘‘296.222’’ and adding,

in its place, a reference to ‘‘46.222.’’

§ 46.237 [Amended]

Par. 31. Amend § 46.237 by removing

the reference to ‘‘§ 296.223’’ and adding,

in its place, a reference to ‘‘§ 46.223.’’

§ 46.241 [Amended]

Par. 32. Amend paragraph (f) of

§ 46.241 by removing the reference to

‘‘296.263’’ and adding, in its place, a

reference to ‘‘46.263.’’

§ 46.242 [Amended]

Par. 33. Amend § 46.242 by removing

the reference to ‘‘296.234’’ and adding,

in its place, a reference to ‘‘46.234.’’

February 23, 2001.

Bradley A. Buckles,

Director.

Approved: April 19, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary,

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–14745 Filed 6–13–01; 8:45 am]

BILLING CODE 4810–31–P

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Part 4902

Disclosure and Amendment of

Records Pertaining to Individuals

Under the Privacy Act

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation is amending its regulations

implementing the Privacy Act of 1974,

as amended, to exempt certain records

maintained in a system of records

entitled ‘‘PBGC–12, Personnel Security

Investigation Records—PBGC,’’ from the

access, contest, and certain other

provisions of the Privacy Act. The

amendment protects the identity of a

source who furnishes information in

confidence to the PBGC for a

background investigation on an

individual who works, or who is being

considered for work, for the PBGC as a

contractor or as an employee of a

contractor.

EFFECTIVE DATE: July 16, 2001.

FOR FURTHER INFORMATION CONTACT: D.

Bruce Campbell, Attorney, Office of the

General Counsel, Suite 340, Pension

Benefit Guaranty Corporation, 1200 K

Street, NW., Washington, DC 20005–

4026; 202–326–4020 (extension 3672).

(For TTY/TDD users, call the federal

relay service toll-free at 1–800–877–

8339 and ask to be connected to 202–

326–4020 (extension 3672).)

SUPPLEMENTARY INFORMATION: The PBGC

conducts background investigations and

reinvestigations to establish that

applicants for employment and

employees are reliable, trustworthy, of

good conduct and character, and loyal

to the United States. The PBGC

maintains records about these

investigations in a system of records

subject to the Privacy Act of 1974, as

amended (5 U.S.C. 552a) (‘‘Privacy

Act’’), entitled ‘‘PBGC–12, Personnel

Security Investigation Records—PBGC’’.

The PBGC’s regulations implementing

the Privacy Act exempt under 5 U.S.C.

552a(k)(5) certain records maintained in

PBGC–12 from the access, contest, and

certain other provisions of the Privacy

Act (29 CFR 4902.9).

The PBGC is expanding its use of

background investigations and

reinvestigations to cover individuals

who work, or who are being considered

for work, for the PBGC as contractors or

as employees of contractors. To reflect

the change, on April 2, 2001 (66 FR

17586), the PBGC proposed to alter

PBGC–12 by revising it to include

records pertaining to individuals who

work, or who are being considered for

work, for the PBGC as contractors or as

employees of contractors. The PBGC

received no comments on the proposed

changes and they became effective May

17, 2001.

Also on April 2, 2001 (66 FR 17518),

the PBGC published a proposed rule to

amend § 4902.9 by exempting certain

records pertaining to individuals who

work, or who are being considered for

work, for the PBGC as contractors or as

employees of contractors from the

access, contest, and certain other

provisions of the Privacy Act. The PBGC

received no comments on the proposed

rule and this final rule amends the

regulation as proposed. The amendment

protects the identity of a source who

furnishes information to PBGC in

confidence for a background

investigation of such an individual.

Compliance With Rulemaking

Guidelines

The PBGC has determined that this

action is not a ‘‘significant regulatory

action’’ under the criteria set forth in

Executive Order 12866.

The PBGC certifies under section

605(b) of the Regulatory Flexibility Act

that the final rule will not have a

significant economic impact on a

substantial number of small entities.

The rule only affects the maintenance

and disclosure of information about

individuals by the PBGC under the

Privacy Act and therefore would

ordinarily be expected to have no

economic impact on entities of any size.

Accordingly, sections 603 and 604 of

the Regulatory Flexibility Act do not

apply.

List of Subjects in 29 CFR Part 4902

Privacy.

For the reasons set forth above, the

PBGC is amending 29 CFR part 4902 as

follows:

32222 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

PART 4902—DISCLOSURE AND

AMENDMENT OF RECORDS

PERTAINING TO INDIVIDUALS UNDER

THE PRIVACY ACT

1. The authority citation for Part 4902

continues to read as follows:

Authority: 5 U.S.C. 552a.

§ 4902.9 [Amended]

2. Paragraph (b) of § 4902.9 is

amended by removing the words ‘‘for

PBGC employment,’’ and adding in their

place the words ‘‘for PBGC employment

or for work for the PBGC as a contractor

or as an employee of a contractor,’’.

Issued in Washington, DC, this 7th day of

June, 2001.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 01–14877 Filed 6–13–01; 8:45 am]

BILLING CODE 7708–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–051]

RIN 2115–AA97

Safety Zone—Lake Erie, Port Clinton,

OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

Lake Erie, Port Clinton, Ohio. This

safety zone is necessary to protect

spectators and vessels from the hazards

associated with fireworks displays. This

zone is intended to restrict vessels from

a portion of Lake Erie for the City of Port

Clinton’s July 4, 2001, fireworks

display.

DATES: This rule is effective from 2 p.m.

until 11 p.m. on July 4, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket [CGD09–01–051] and are

available for inspection or copying at

U.S. Coast Guard Marine Safety Office

Toledo, 420 Madison Ave, Suite 700,

Toledo, Ohio 43604, between 9:30 a.m.

and 2 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Herb Oertli, Chief of Port Operations,

Marine Safety Office, 420 Madison Ave,

Suite 700, Toledo, Ohio 43604; (419)

418–6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM, and, under

5 U.S.C. 553(d)(3), good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. The Coast Guard had

insufficient advance notice to publish

an NPRM followed by a temporary final

rule. Publication of a notice of proposed

rulemaking and delay of effective date

would be contrary to the public interest

because immediate action is necessary

to prevent possible loss of life, injury, or

damage to property. The Coast Guard

has not received any complaints or

negative comments with regard to this

event.

Background and Purpose

This temporary rule is necessary to

ensure the safety of spectators and

vessels during the setup, loading and

launching of a fireworks display in

conjunction with the City of Port

Clinton’s 4th of July Fireworks. The

fireworks display will occur between 2

p.m. and 11 p.m. on July 04th.

This safety zone will encompass all

waters and the adjacent shoreline of

Lake Erie, Port Clinton, Ohio, bounded

by an arc of a circle with a 420-foot

radius with its center in approximate

position 41°30′52′′ N, 082°55′46′′ W. The

Captain of the Port Toledo or his

designated on scene representative may

terminate this event.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Toledo or his designated on scene

representative. The Captain of the Port

or his designated on scene

representative may be contacted via

VHF Channel 16.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, and does not

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). This

finding is based on the historical lack of

vessel traffic during this time of year.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have 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 and operators of

vessels intending to transit or anchor in

a portion of Lake Erie off Port Clinton,

Ohio.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This rule will be

in effect for less than one day, and

vessel traffic can pass safely around the

safety zone.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they may

better evaluate its effects on them and

participate in the rulemaking process. If

the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Marine

Safety Office Toledo (see ADDRESSES).

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).