Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations 33023

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 25, 2001.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 917—KENTUCKY

1. The authority citation for Part 917

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 917.12 is amended by

adding paragraph (b) to read as follows:

§ 917.12 State regulatory program and

proposed program amendment provisions

not approved.

* * * * *

(b) Subsections (2) through (6) of the

amendment submitted as House Bill 599

on May 9, 2000, are hereby not

approved, effective June 20, 2001.

3. Section 917.15 is amended in the

table in paragraph (a) by adding a new

entry in chronological order by ‘‘Date of

Final Publication’’ to read as follows:

§ 917.15 Approval of Kentucky regulatory

program amendments.

(a) * * *

Original amendment submission date

Date of

final

publication

Citation/description

*******

May 9, 2000 ........................................................................................................................... 6/20/01 House Bill 599, subsection (1).

* * * * *

[FR Doc. 01–15498 Filed 6–19–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–01–049]

RIN 2115–AE46

Special Local Regulations: San Juan

Harbor, Puerto Rico

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Temporary Special Local

Regulations are being established for the

Swimming Cross San Juan Harbor, San

Juan, Puerto Rico. These regulations are

needed to provide for the safety of life

on navigable waters by excluding

vessels from the swimming area.

DATES: This rule is effective from 10

a.m. to noon on July 22, 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

[CGD07–01–049] and are available for

inspection or copying at Coast Guard

Greater Antilles Section, La Puntilla,

Old San Juan, PR 00902 between 7 a.m.

and 3:30 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John Reyes, Greater Antilles Section at

(787) 729–5381.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for these

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

the Coast Guard finds that good cause

exists for not publishing an NPRM.

Publishing an NPRM would be contrary

to national safety interests since

immediate action is needed to minimize

potential danger to the public.

Background and Purpose

These regulations are required to

provide for the safety of life on

navigable waters because numerous

swimmers will cross a navigable

channel in a commercial port. This

event has taken place several times over

the past years, although the date

changes from year to year. This rule

creates a regulated area that will

prohibit vessels from entering an area

between the Puerto Rico Ports Authority

Pier 1 to La Puntilla Point, then across

the Anagada Channel to the Catano

Ferry Terminal, then to Punta Catano,

and then across the San Antonio

Approach to the origin.

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 it under that

order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (44 FR

11040, February 26, 1979). The

regulated area will only be in effect for

approximately 2 hours.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic effect upon a

substantial number of small entities.

‘‘Small entities’’ include small business,

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.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of San Juan Harbor, Puerto

Rico from 10 a.m., to noon, July 22,

2001. 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

because the rule will only be in effect

for 2 hours.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pubic Law 104–

221), we offer to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. Small entities may contact the

person listed under FOR FURTHER

INFORMATION CONTACT for assistance in

understanding and participating in this

rulemaking. We also have a point of

contact for commenting on actions by

employees of the Coast Guard. Small

businesses may send comments on the

actions of Federal employees who

enforce, or otherwise determine

compliance with Federal regulations to

33024 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations

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 requirements 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 unfunded mandate

costs. This rule will not impose an

unfunded mandate.

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.

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 safety that may

disproportionately affect children.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined pursuant to Figure 2–1,

paragraph 34(h) of Commandant

Instruction M16475.1C, that this action

is categorically excluded from further

environmental documentation.

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

energy action’’ under that order because

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 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236,

49 CFR 1.46, 33 CFR 100.35.

2. Add temporary § 100.35T–07–049

to read as follows:

§ 100.35T–07–049 Swimming Cross San

Juan Harbor, San Juan, Puerto Rico.

(a) Regulated area. The regulated area

encompasses the Puerto Rico Ports

Authority Pier 1, at position 18°27′39′′ N

066°06′48′′ W; West to La Puntilla Point

at position 18°27′32′′ N 066°07′00′′ W;

South crossing the San Antonio Channel

and Anegado Channel to the Catano

Ferry Terminal at position 18°26′38′′ N

066°07′02′′ W, then North East to Punta

Catano at position 18°26′42′′ N

066°06′45′′ W, then North back to origin,

entry into which is prohibited for 2

hours on the day of the event. All

coordinates referenced use Datum NAD

1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by Commanding Officer,

Greater Antilles Section, San Juan,

Puerto Rico.

(c) Special local regulations. Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Patrol

Commander. Spectator craft may remain

in a spectator area to be established by

the event sponsor, Commonwealth of

Puerto Rico, Municipality of Catano,

San Juan, Puerto Rico.

(d) Dates. This rule is effective from

10 a.m. to noon on July 22, 2001.

Dated: June 12, 2001.

James S. Carmichael,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 01–15552 Filed 6–19–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13–99–005]

Drawbridge Operations Regulations;

Duwamish Waterway and Lake

Washington Ship Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending

the operating regulations for the City of

Seattle drawbridges across the Lake

Washington Ship Canal and the

Washington state drawbridge across the

Duwamish Waterway in Seattle,

Washington. The normal drawspan

closed periods for Monday through

Friday will now also be applied to

Columbus Day to accommodate

commuter traffic that remains heavy on

this Federal holiday. Other Federal

holidays remain exempted from the

weekday closed periods.

DATES: This rule is effective July 20,

2001.

ADDRESSES: The public docket and all

documents referred to in this notice are

available for inspection and copying at

the Thirteenth Coast Guard District,

Aids to Navigation and Waterways

Management Office, 915 Second

Avenue, room 3510, Seattle,

Washington 98174–1067, between 7:45

a.m. to 4:15 p.m., Monday through

Friday, except Federal holidays.