Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31841

PART 173—SECONDARY DIRECT

FOOD ADDITIVES PERMITTED IN

FOOD FOR HUMAN CONSUMPTION

1. The authority citation for 21 CFR

part 173 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348.

2. Section 173.325 is amended by

redesignating paragraph (f) as paragraph

(g) and by adding new paragraph (f) to

read as follows:

§ 173.325 Acidified sodium chlorite

solutions.

* * * * *

(f) The additive is used as an

antimicrobial agent on processed,

comminuted or formed meat food

products (unless precluded by standards

of identity in 9 CFR part 319) prior to

packaging of the food for commercial

purposes, in accordance with current

industry standards of good

manufacturing practice. Applied as a

dip or spray, the additive is used at

levels that result in sodium chlorite

concentrations of 500 to 1200 ppm, in

combination with any GRAS acid at

levels sufficient to achieve a pH of 2.5

to 2.9.

* * * * *

Dated: June 5, 2001.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 01–14811 Filed 6–12–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–036]

RIN 2115–AA97

Safety Zone—Ottawa River, Toledo,

Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Ottawa River, Toledo, Ohio. This

zone restricts the entry of vessels into

the area designated for the June 23,

2001, Summerfest 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 6:30

p.m. until 11 p.m. on June 23, 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 [CGD09–01–036] 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 it 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

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 Toledo’s

Summerfest Fireworks. The fireworks

display will occur between 6:30 p.m.

and 11 p.m. on June 23rd.

This safety zone will encompass all

waters and the adjacent shoreline of the

Ottawa River, Toledo, Ohio, bounded by

the arc of a circle with a 560-foot radius

with its center in approximate position

41° 43.21 N, 083° 28.46 W. The

fireworks will be launched off the

southeast end of the Summit Street

Bridge. 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

Chicago 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). We

expect 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. 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 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 only a few hours for one

event 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 (Pub. L. 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

31842 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

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.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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

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. Add temporary § 165.T09–915 to

read as follows:

§ 165.T09–915 Safety zone: Ottawa River,

Toledo, Ohio.

(a) Location: All waters and the

adjacent shoreline of the Ottawa River,

Toledo, Ohio, bounded by the arc of a

circle with a 560-foot radius with its

center in approximate position 41°

43.21 N, 083° 28.46 W. (Southeast end

of the Summit Street Bridge.) (NAD

1983).

(b) Effective Period. This regulation is

effective from 6:30 p.m. until 11 p.m.,

June 23, 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: May 30, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–14816 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 75

Continuous Emissions Monitoring

CFR Correction

In Title 40 of the Code of Federal

Regulations, Parts 72 to 80, revised as of

July 1, 2000, part 75 is corrected in

§ 75.10 by adding paragraph (g), and in

§ 75.32 by adding a sentence to

paragraph (a)(3) after the second

sentence to read as follows:

§ 75.10 General operating requirements.

* * * * *

(g) Minimum Recording and

Reporting Requirements. The owner or

operator shall record and the designated

representative shall report the hourly,

daily, quarterly, and annual information

collected under the requirements of this

part as specified in subparts F and G of

this part.

§ 75.32 Determination of monitor data

availability for standard missing data

procedures.

* * * * *

(a) * * *

(3) * * * For a unit that has

accumulated less than 8,760 unit

operating hours in the previous three

years (26,280 clock hours), replace the

words ‘‘during previous 8,760 unit

operating hours’’ in Equation 9 with ‘‘in

the previous three years’’ and replace

‘‘8,760’’ with ‘‘total unit operating hours

in the previous three years’’.

* * * * *

[FR Doc. 01–55518 Filed 6–12–01; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 1

[USCG 2001–8894]

RIN 2115–AG11

Right To Appeal; Director, Great Lakes

Pilotage

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: The Coast Guard is amending

its appellate procedures to provide

explicit authority for appeal of decisions

or actions taken by the Director, Great

Lakes Pilotage. The Coast Guard has

consistently applied those procedures

whenever a decision or action taken by

the Director has been appealed to higher