Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30319

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways, Regulation.

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, 160.5; 49

CFR 1.46.

2. Add temporary § 165.T01–078 to

read as follows:

§ 165.T01–078 Safety Zone: Fireworks

Display, Kill Van Kull, Staten Island, NY.

(a) Location. The following area is a

safety zone: All waters of the Kill Van

Kull within a 180-yard radius of the

fireworks barge in approximate position

40°38′58.4′′N, 074°04′41.0′′W (NAD

1983), about 280 yards northwest of the

Staten Island Ferry Terminal.

(b) Effective period. This section is

effective from 9 p.m. until 11:59 p.m. on

June 24, 2001.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene-patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: May 20, 2001.

P.A. Harris,

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

Port, New York, Acting.

[FR Doc. 01–14232 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–042]

RIN 2115–AA97

Safety Zone: Grosse Pointe Farms,

Lake St. Clair, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Celebrate America Fundraiser

fireworks display on June 14th, 2001.

This safety zone is necessary to control

vessel traffic within the immediate

location of the fireworks launch

platform and to ensure the safety of life

and property during the event. This

safety zone is intended to restrict vessel

traffic from a portion of Lake St. Clair.

DATES: This temporary final rule is

effective from 9 p.m. until 11 p.m. on

June 14th and 15th, 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 [CGD09–01–042] and are

available for inspection or copying at:

U.S. Coast Guard Marine Safety Office

Detroit, 110 Mt. Elliott St., Detroit, MI

48207, between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: ENS

Brandon Sullivan, U. S. Coast Guard

Marine Safety Office Detroit, 110 Mt.

Elliott St., Detroit, MI 48207. The

telephone number is (313) 568–9558.

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), we find that good

cause exists for making this rule

effective less than 30 days after

publication in the Federal Register. The

permit application was not received in

time to publish an NPRM followed by

a final rule before the date of the event.

Delaying this rule would be contrary to

the public interest of ensuring the safety

of spectators and vessels during this

event and immediate action is necessary

to prevent possible loss of life or

property. The Coast Guard has not

received any complaints or negative

comments previously with regard to this

event.

Background and Purpose

A temporary safety zone is necessary

to ensure the safety of vessels and

spectators from the hazards associated

with fireworks displays. Based on recent

accidents that have occurred in other

Captain of the Port zones, and the

explosive hazard of fireworks, the

Captain of the Port Detroit has

determined fireworks launches in close

proximity to watercraft pose significant

risks to public safety and property. The

likely combination of large numbers of

recreational vessels, congested

waterways, darkness punctuated by

bright flashes of light, alcohol use, and

debris falling into the water could easily

result in serious injuries or fatalities.

Establishing a safety zone to control

vessel movement around the location of

the launch platform will help ensure the

safety of persons and property at these

events and help minimize the associated

risk.

The safety zone will encompass all

waters within 300-yards of a fireworks

barge located approximately 500 feet

offshore of 950 Lake Shore Rd., Grosse

Pointe Farms in Lake St. Clair. The size

of this zone was determined using the

National Fire Prevention Association

guidelines and local knowledge

concerning wind, waves, and currents.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol representative. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Detroit 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 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 this rule 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).

We expect the economic impact of this

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

This determination is based on the

minimal time that vessels will be

restricted from the zone and therefore

30320 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations

minor, if any, adverse impacts to

mariners.

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 would not

have a significant economic impact on

a substantial number of small entities.

This rule would affect the following

entities, some of which might be small

entities. The owners or operators of

commercial vessels intending to transit,

or anchor in, a portion of the activated

safety zone.

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 in effect from 9 p.m. until 11 p.m.

on the day of the event. During the

event vessel traffic can safely pass

outside the proposed safety zone. In

addition, traffic may be authorized to

pass through the safety zone under

Coast Guard escort with the permission

of the Captain of the Port Detroit or his

designated on scene representative.

Before the effective period, we will

issue maritime advisories widely

available to users of Lake St. Clair by the

Ninth Coast Guard District Local Notice

to Mariners and Marine Information

Broadcasts. Facsimile broadcasts may

also be made.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in

understanding this rule so that they can

better evaluate its effects 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 Detroit (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 would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this rule under

Executive Order 13132 and have

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 proposed

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 Executive

Order 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 Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

The Coast Guard has analyzed this

rule under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

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 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.T09–917 is

added to read as follows:

§ 165.T09–917 Safety Zone: Grosse Pointe

Farms, Lake St. Clair, MI.

(a) Location. The safety zone will

encompass all waters within a 300-yard

radius of the fireworks barge located

approximately 500 yards offshore from

950 Lake Shore Rd., Grosse Pointe

Farms, MI in Lake St. Clair.

(b) Effective Time and Date. This

section is effective from 9 p.m. (local

time) until 11 p.m. (local time) on June

14th, 2001. In the event the fireworks

display is cancelled due to inclement

weather, this section is effective during

these same times on June 15th, 2001.

The Coast Guard Captain of the Port

Detroit and the designated Patrol

Commander have the authority to

terminate this event at any time. The

designated on-scene Patrol Commander

may be contacted via VHF Channel 16.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Rules and Regulations 30321

this part, entry into this safety zone is

prohibited unless authorized by the

Coast Guard Captain of the Port Detroit,

or his designated on-scene

representative.

Dated: May 29, 2001.

S.P. Garrity,

Commander, U.S. Coast Guard, Captain of

the Port Detroit.

[FR Doc. 01–14231 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301130; FRL–6783–3]

RIN 2070–AB78

Bacillus thuringiensis Cry1F Protein

and the Genetic Material Necessary for

its Production in Corn; Exemption

from the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited exemption from the

requirement of a tolerance for residues

of the plant-pesticides Bacillus

thuringiensis Cry1F protein and the

genetic material necessary for its

production in corn on field corn, sweet

corn, and popcorn when applied/used

as a plant-pesticide. Mycogen Seeds c/

o Dow AgroSciences LLC submitted a

petition to EPA under the Federal Food,

Drug, and Cosmetic Act, as amended by

the Food Quality Protection Act of 1996,

requesting an exemption from the

requirement of a tolerance.

DATES: This regulation is effective June

6, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301130, must be received

by EPA, on or before August 6, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, electronically, or in person. Please

follow the detailed instructions for each

method as provided in Unit IX. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301130 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Mike Mendelsohn, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511C),

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

308–8715; and e-mail address:

mendelsohn.mike @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS Examples of Potentially Affected Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronic version of 40 CFR

part 180 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_180/Title_40/40cfr180_00.html,

a beta site currently under development.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301130. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2, 1921 Jefferson

Davis Hwy., Arlington, VA, from 8:30

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

In the Federal Register of March 2,

2000 (65 FR 11311) (FRL–6494–3), EPA

issued a notice pursuant to section 408

of the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e), as

amended by the Food Quality Protection

Act (FQPA) (Public Law 104–170)

announcing the filing of a pesticide

tolerance petition, petition number

0F6078, by Mycogen Seeds c/o Dow

AgroSciences LLC, 9330 Zionsville

Road, Indianapolis, IN 46268–1054.

This notice included a summary of the

petition prepared by the petitioner

Mycogen Seeds c/o Dow AgroSciences

LLC. There were no comments received

in response to the notice of filing.

The petition requested that 40 CFR

part 180 be amended by establishing an

exemption from the requirement of a

tolerance for residues of the plant

pesticide Bacillus thuringiensis Cry1F

protein and the genetic material

necessary for its production in plants in

or on all food commodities. While this

final rule is limited to Cry1F in or on

corn, the Agency may at future dates

issue final rules for Cry1F protein plantpesticides on plant agricultural

commodities in addition to corn.

III. Risk Assessment

Pursuant to section 408(c)(2)(A)(i) of

the FFDCA, EPA may establish of leave

in effect an exemption from the

requirement for a tolerance (the legal

limit for a pesticide chemical residue in

or on a food) only if EPA determines

that the tolerance exemption is ‘‘safe.’’

With respect to an exemption for a

pesticide chemical residue, section

408(c)(2)(A)(ii) defines ‘‘safe’’ to mean

that ‘‘there is a reasonable certainty that

no harm will result from aggregate

exposure to the pesticide chemical

residue, including all anticipated

dietary exposures and all other

exposures for which there is reliable