Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32223

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 having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will 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

We have 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

The Coast Guard considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (34)(g), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. A

‘‘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.

Energy Effects

We have analyzed this proposed rule

under Executive order 13211, Actions

Concerning Regulations that

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866 and is not likely to have a

significant adverse effect on the supply,

distribution, or use of energy. It has not

been designated by the Administrator of

the office of Information and Regulatory

Affairs as a significant energy action.

Therefore, it does not require a

statement of Energy Effects under

Executive Order 13211.

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), 6.04–6, and 160.5; 49 CFR

1.46.

2. A new temporary section 165.T09–

921 is added as follows:

§ 165.T09–921 Safety zone: Lake Erie, Port

Clinton, Ohio.

(a) Location. All waters and the

adjacent shoreline of Lake Erie, Port

Clinton, Ohio, bounded by the arc of a

circle with a 420-foot radius with its

center in approximate position

41°30′52′′ N, 082°55′46′′ W. (NAD 1983).

(b) Effective Period. This regulation is

effective from 2 p.m. until 11 p.m., July

04, 2001.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: June 4, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–15048 Filed 6–13–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–050]

RIN 2115–AA97

Safety Zone—River, Toledo, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Maumee River, Toledo, Ohio. This

zone is intended to restrict vessels from

a portion of the Maumee River during

the City of Toledo’s July 04, 2001,

fireworks display. This temporary safety

zone is necessary to protect spectators

and vessels from the hazards associated

with fireworks displays.

DATES: This rule is effective from 12:30

p.m. until 11 p.m. on July 04, 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 [CGD09–01–050] 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 if 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.

Background and Purpose

A temporary safety zone 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 Toledo’s

32224 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations

4th of July Fireworks. The fireworks

display will occur between 12:30 p.m.

and 11 p.m. on July 04th.

This safety zone will encompass all

waters and the adjacent shoreline of the

Maumee River, Toledo, Ohio, extending

from the bow of the museum ship SS

WILLIS B. BOYER (41°38′35′′ N,

083°31′54′′ W), then north north-east to

the south end of the City of Toledo

Street (41°38′51′′ N, 083°31′50′′ W), then

south-west to the red nun bouy #64

(41°38′48′′ N, 083°31′58′′ W), then south

south-east to the museum ship SS

WILLIS B. BOYER. The Captain of the

Port Toledo or his designated on scene

representative have the authority to

terminate the 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 the Maumee River off

Toledo, 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 in

conjunction with one event, and vessel

traffic can pass safely around the safety

zone. In the event that shipping is

affected by this temporary safety zone,

commercial vessels may request

permission from the Captain of the Port

Toledo to transit through 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 offered to assist small entities

in understanding the rule so that they

could 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).

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 having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will 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

We have 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

The Coast Guard considered the

environmental impact of this 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

‘‘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.

Energy Effects

We have analyzed this proposed rule

under Executive Order 13211, Actions

Concerning Regulations that

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866 and is not likely to have a

significant adverse effect on the supply,

distribution, or use of energy. It has not

been designated by the Administrator of

the office of Information and Regulatory

Affairs as a significant energy action.

Therefore, it does not require a

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Rules and Regulations 32225

statement of Energy Effects under

Executive Order 13211.

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), 6.04–6, and 160.5; 49 CFR

1.46.

2. A new temporary section 165.T09–

920 is added as follows:

§ 165.T09–920 Safety zone: Maumee River,

Toledo, Ohio.

(a) Location. All waters and the

adjacent shoreline of the Maumee River,

Toledo, Ohio, extending from the bow

of the museum ship SS WILLIS B.

BOYER (41°38′35′′ N, 083°31′54′′ W),

then north north-east to the south end

of the City of Toledo Street (41° 38′51′′

N, 083°31′50′′ W), then south-west to the

red nun bouy #64 (41°38′48′′ N,

083°31′58′′ W), then south south-east to

the museum ship SS WILLIS B. BOYER.

(b) Effective Period. This regulation is

effective from 12:30 p.m. until 11 p.m.,

July 04, 2001.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: June 5, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–15047 Filed 6–13–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF DEFENSE

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AK41

Veterans Education: Increased

Allowances for the Educational

Assistance Test Program

AGENCIES: Department of Defense and

Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: The law provides that rates of

subsistence allowance and educational

assistance payable under the

Educational Assistance Test Program

shall be adjusted annually by the

Secretary of Defense based upon the

average actual cost of attendance at

public institutions of higher education

in the twelve-month period since the

rates were last adjusted. After

consultation with the Department of

Education, the Department of Defense

has concluded that the rates for the

2000–01 academic year should be

increased by 4% over the rates payable

for the 1999–2000 academic year. The

regulations dealing with these rates are

amended accordingly.

DATES: Effective Date: June 14, 2001.

Applicability Date: The changes in

rates are applied retroactively to

October 1, 2000, to conform to statutory

requirements.

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Assistant

Director for Policy and Program

Development, Education Service,

Veterans Benefits Administration, 202–

273–7187.

SUPPLEMENTARY INFORMATION: The law

(10 U.S.C. 2145) provides that the

Secretary of Defense shall adjust the

amount of educational assistance which

may be provided in any academic year

under the Educational Assistance Test

Program and the amount of subsistence

allowance authorized under that

program. The adjustment is to be based

upon the twelve-month increase in the

average actual cost of attendance at

public institutions of higher education.

As required by law, the Department of

Defense has consulted with the

Department of Education. The

Department of Defense has concluded

that these costs increased by 4% in the

1999–2000 academic year. Accordingly,

this final rule changes 38 CFR 21.5820

and 21.5822 to reflect a 4% increase in

the rates payable in the 2000–01

academic year, including changes in

§ 21.5820 to the adjustments that

compensate for rounding. In addition,

nonsubstantive changes are made for the

purpose of clarification.

Administrative Procedure Act

The rates of subsistence allowance

and educational assistance payable

under the Educational Assistance Test

Program are determined based on a

statutory formula and, in essence, the

calculation of rates merely constitutes a

non-discretionary ministerial act. The

other changes made by this document

are merely nonsubstantive changes for

the purpose of clarification.

Accordingly, there is a basis for

dispensing with notice-and-comment

and a delayed effective date under 5

U.S.C. 552 and 553.

Paperwork Reduction Act

This document contains no provisions

constituting a collection of information

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Executive Order 12866

This document has been reviewed by

the Office of Management and Budget

under Executive Order 12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs and

the Secretary of Defense hereby certify

that this final rule will not have a

significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act, 5 U.S.C 601–612. This

final rule directly affects only

individuals. Pursuant to 5 U.S.C. 605(b),

this final rule, therefore, is exempt from

the initial and final regulatory flexibility

analyses requirements of sections 603

and 604.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this final rule.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Defense

Department, Education, Employment,

Grant programs—education, Grant

programs—veterans, Health care, Loan

programs—education, Loan programs—

veterans, Manpower training programs,

Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: February 6, 2001.

Anthony J. Principi,

Secretary of Veterans Affairs.

Approved: March 7, 2001.

P.A. Tracey,

Vice Admiral, USN, Deputy Assistant

Secretary (Military Personnel Policy),

Department of Defense.

For the reasons set out in the

preamble, 38 CFR part 21 (subpart H) is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart H—Educational Assistance

Test Program

1. The authority citation for part 21,

subpart H is revised to read as follows: