32280 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

Constitution, Avenue NW., Washington,

DC. Alternatively, taxpayers may submit

outlines of oral comments electronically

directly to the IRS Internet site at http:/

/www.irs.gov/tax_regs/regslist.html.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Laura Nash,

(202) 622–4910; concerning

submissions, Sonya M. Cruse, (202)

622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

A notice of proposed rulemaking and

notice of public hearing, appearing in

the Federal Register on Wednesday,

February 14, 2001 (66 FR 10247),

announced that a public hearing was

being held on June 4, 2001, regarding

proposed regulations under sections

6041 and 6051. A hearing cancellation

document was inadvertently published

in the Federal Register on May 23, 2001

(66 FR 28408). Thus, the IRS is

rescheduling the public hearing for

Wednesday, July 25, 2001, at 10 a.m. in

room 4716. Outlines of oral comments

must be received by July 6, 2001.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special

Counsel (Modernization & Strategic

Planning).

[FR Doc. 01–14665 Filed 6–13–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–025]

RIN 2115–AA97

Safety Zone: Air and Water Show,

Gary, IN

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone for an air show

at Miller Beach at Marquette Park, Gary,

Indiana. This action is necessary to

provide for the safety of life and

property on the surrounding waters

during this event. This action is

intended to restrict vessel traffic in a

portion of Lake Michigan.

DATES: Comments and related material

must reach the Coast Guard on or before

June 29, 2001.

ADDRESSES: You may mail comments

and related material to: Commanding

Officer, U.S. Coast Guard Marine Safety

Office Chicago, 215 W. 83rd Street,

Suite D, Burr Ridge, Illinois 60521.

Marine Safety Office Chicago maintains

the public docket for this rulemaking.

Comments and material received from

the public, as well as documents

indicated in this preamble as being

available in the docket, will become part

of this docket and will be available for

inspection or copying at MSO Chicago

between 7:30 a.m. and 4 p.m. Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

MST2 Mike Hogan, U.S. Coast Guard

Marine Safety Office Chicago, 215 W.

83rd Street, Suite D, Chicago, Illinois

60521 (630) 986–2175.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number on

this rulemaking (CGD09–01–025),

indicate the specific section of this

proposal to which each comment

applies, and give the reason(s) for each

comment. Please submit all comments

and attachments in an unbound format,

no larger than 81⁄2 by 11 inches, suitable

for photocopying and electronic filing. If

you would like to know they reached

us, please enclose a stamped, selfaddressed envelope or postcard.

The Coast Guard will consider all

comments received during the comment

period. We may change this proposed

rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may request a public

meeting by writing to MSO Chicago at

the address listed under ADDRESSES

explaining why one would be

beneficial. If we determine that one

would aid this rulemaking, the Coast

Guard will hold a public meeting at a

time and place announced by a later

notice in the Federal Register.

Background and Purpose

The Coast Guard proposes to establish

a temporary safety zone for the Gary

Indiana air show occurring on July 20–

22, 2001. The proposed safety zone

encompasses the waters off Miller Beach

at Ogden Dunes bounded by the arc of

a circle with a five nautical mile radius

with its center in approximate position

41°37′01′′ N, 087°15′0′′ W.

Based on recent accidents that have

occurred in other Captain of the Port

zones and the hazards associated with

this event, the Captain of the Port has

determined that the air show in close

proximity to watercraft poses a

significant risk to public safety and

property. The likely combination of

large numbers of recreational boaters,

and congested waterways could easily

result in serious injuries or fatalities.

Establishing a safety zone to control

vessel movement within a 5 nautical

mile radius of Miller Beach will help

ensure the safety of persons and

property at this event and help

minimize the associated risk.

Establishing a temporary safety zone

by notice and comment rulemaking

gives the public the opportunity to

comment on the proposed zone,

provides better notice than

promulgating temporary rules annually,

and decreases the amount of annual

paperwork required for these events.

The Coast Guard has not previously

received notice of any impact caused by

these events.

Discussion of Proposed Rule

The proposed safety zone would be in

effect from 8:15 a.m. (local) to 5 p.m.

(local), July 20 through July 22, 2001.

Vessels may not enter, remain in, or

transit through this safety zone during

this time frame unless authorized by the

Captain of the Port Chicago, or

designated on scene Coast Guard patrol

personnel, as provided for in 33 CFR

165.23.

This safety zone will include the

entrance to the Burns International

Harbor and the entrance to the PortageBurns Waterway. Vessels will be

prohibited from entering or exiting

either of these while the safety zone is

in effect. Vessels may contact the

Captain of the Port Chicago or the

designated on scene representative if

they wish to enter or transit through the

safety zone via U.S. Coast Guard Group

Milwaukee on Channel 16, VHF–FM.

Regulatory Evaluation

This proposed 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 zones, and all of the

zones are in areas where the Coast

Guard expects insignificant adverse

Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules 32281

impact to mariners from the zones’

activation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this proposed rule would have

a significant 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed rule would affect the

following entities, some of which might

be small entities: The owners or

operators of commercial vessels

intending to transit a portion of an

activated safety zone.

This safety zone would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The proposed

zone is only in effect for several hours

on the days of the event. Vessel traffic

can safely pass outside the proposed

safety zone during the events. In cases

where traffic congestion is greater,

traffic may be allowed to pass through

the safety zone under Coast Guard

escort with the permission of the

Captain of the Port Chicago. Before the

effective period, we will issue maritime

advisories widely available to users of

the Port of Chicago by the Ninth Coast

Guard District Local Notice to Mariners,

Marine information broadcasts, and

facsimile broadcasts may also be made.

Additionally, the Coast Guard has not

received any negative reports from small

entities affected during these displays in

previous years.

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 Chicago (see ADDRESSES.)

Collection of Information

This proposed 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 proposed 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 proposed 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 proposed 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

proposed 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 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 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 1.46.

2. Add § 165.T09–914 to read as

follows:

§ 165.T09–914 Safety Zone: Lake

Michigan, Gary, IN.

(a) The following area is designated a

safety zone:

(1) Location. The waters off Miller

Beach at Ogden Dunes, Lake Michigan,

bounded by the arc of a circle with a 5

nautical mile radius with its center

located at approximate position:

41°37′01′′ N, 087°15′0′′ W.

(2) Effective period. This section is

effective daily from 8:15 a.m. (local) to

5 p.m. (local) on July 20–22, 2001.

(b) 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

designated on scene patrol personnel.

Coast Guard patrol personnel include

commissioned, warrant, and petty

officers of the U.S. Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator shall proceed

as directed.

(3) The safety zone encompasses a

portion of Lake Michigan. This safety

zone is being established to protect the

boating public in the vicinity of an air

and water show in Gary, Indiana. In

32282 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Proposed Rules

cases where shipping is affected,

commercial vessels may request

permission from the Captain of the Port

Chicago to transit the safety zone.

Approval will be made on a case-bycase basis. Requests must be made in

advance and approved by the Captain of

the Port before transits will be

authorized. The Captain of the Port may

be contacted via U.S. Coast Guard

Group Milwaukee on Channel 16, VHF–

FM.

Dated: June 6, 2001.

R.E. Seebald,

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

Port Chicago.

[FR Doc. 01–15049 Filed 6–13–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AC83

Special Regulations; Wrangell-St. Elias

National Park and Preserve

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The proposed rulemaking will

add the communities of Dot Lake,

Tetlin, Tanacross, Northway (including

Northway, Northway Village and

Northway Junction) and Healy Lake as

resident zone communities for

Wrangell-St. Elias National Park

(WRST). This action is in response to

instructions from the Secretary of the

Interior and requests by the Park

Subsistence Resource Commission

(SRC), the Southcentral Alaska Federal

Subsistence Regional Advisory Council,

and the affected communities. The

addition of these communities to the

resident zone will allow residents to

engage in subsistence activities in the

park without a National Park Service

(NPS) subsistence permit.

DATES: Written comments will be

accepted by mail, fax, or electronic mail

through August 13, 2001.

ADDRESSES: Comments should be

addressed to: Superintendent, WrangellSt. Elias National Park and Preserve,

P.O. Box 439, Copper Center, Alaska

99573. Fax (907) 822–7216. Email:

Devi_Sharp@nps.gov.

FOR FURTHER INFORMATION CONTACT: Devi

Sharp, Chief of Natural Resources,

Wrangell-St. Elias National Park and

Preserve, P.O. Box 439, Copper Center,

Alaska 99573. Telephone (907) 822–

5234.

SUPPLEMENTARY INFORMATION:

Background

In 1981, the NPS published

regulations in 36 CFR, part 13 to

implement the Alaska National Interest

Lands Conservation Act (ANILCA) for

the national park system units in

Alaska. Because ANILCA restricted

subsistence use in national parks to

local rural residents, the implementing

regulations included a method for

identifying these residents. The primary

method was to designate nearby

communities with significant

concentrations of subsistence users as

‘‘resident zone communities’’. All of the

residents in these communities are

considered to be local rural residents

and, therefore, eligible to use the park

for subsistence purposes in accordance

with regulations adopted or approved

by the Department of Interior. Initially

18 communities near the park were

designated as resident zone

communities. At the time those

communities were selected there were

few published sources of information

documenting subsistence use of park

resources. The authors of the regulations

had to rely heavily on the input of local

residents regarding their subsistence

uses of the park to determine which

communities or areas would be eligible

for resident zone status. Some

communities near the park, including

Dot Lake, Tetlin, Tanacross, Northway,

and Healy Lake were not fully

represented at the meetings when

testimony was taken, and were not

included in the resident zone when the

final part 13 rule was published on June

17, 1981 (46 FR 31836). Section 13.43

provides a method and criteria (see

following section, ‘‘Application of

Criteria’’) for adding communities to the

resident zone. The residents of Dot

Lake, Tetlin, Tanacross, Northway, and

Healy Lake have tried, since the

regulations were published, to be added

in accordance with § 13.43. This

proposed rule responds to that effort.

Origin of Requests To Add New

Communities

Discussions by the SRC leading to a

formal recommendation to add

Northway to the Wrangell-St. Elias

National Park resident zone were

recorded in 1985. In August 1986, the

Subsistence Resource Commission

(SRC) forwarded their first

recommendation to the Secretary of the

Interior requesting that Northway be

included as a resident zone community.

The State of Alaska responded to the

SRC in September of 1986 indicating

that the issue was an NPS decision and

that the State could not act directly to

implement the recommendation. The

Secretary of the Interior responded to

the request in May of 1988. His

response, in part, was,

In order to designate the community of

Northway as a resident zone community,

NPS would have to determine whether or not

a significant concentration of people who

permanently reside in this community have

a history of customary and traditional

subsistence use in the park * * *

Then, in 1989 the State Regional

Advisory Council for the Interior and

Southcentral regions of Alaska

recommended to the Board of Game the

addition of Northway to the resident

zone for Wrangell-St Elias National

Park. In response to the

recommendation the US Fish and

Wildlife Service director, who had been

delegated the responsibility to review

and respond to regional council

recommendations, replied;

The Subsistence Resource Commission for

Wrangell-St. Elias National Park did not

provide any documentation or indication that

such documentation existed in association

with their recommendation. Therefore, the

recommendation was denied and will not be

reconsidered until data is available to

indicate a resident zone designation is

warranted.

Again in December of 1991, the SRC

forwarded a recommendation to the

Secretary for the addition of Northway

to the resident zone. The Secretary’s

response (July 1992) was, in part,

* * * the NPS must first verify that a

significant concentration of local rural

residents with a history of subsistence use of

the park’s resources currently resides within

the community of Northway. If this

‘‘significant concentration’’ requirement is

verified, the NPS will define the boundaries

of the community for resident zone

designation purposes, and initiate a

rulemaking process to add Northway as a

park resident zone community.

After establishment of the Federal

Subsistence Regional Advisory Council

system in 1993, the request to add

Northway and Tetlin was forwarded by

the Southcentral and Eastern Interior

Subsistence Regional Advisory Councils

to the Federal Subsistence Board, as

well. The response to the regional

advisory council (February 1994) came

from the Regional Director of NPS. His

response, in part, said,

The park is currently seeking funding to

conduct the surveys necessary to assess

Northway’s possible addition as a resident

zone community. Before NPS considers

conducting any studies regarding the

community of Tetlin and its potential

designation as a resident zone community,

consultation with the SRC is warranted. The

Federal Subsistence Board is currently

gathering information on the customary and

traditional uses of large mammal species in