33836 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

W; thence easterly to 37°46′36.5′′ N,

122°19′52′′ W; thence northerly to shore

at 37°46′53′′ N, 122°19′53.5′′ W (NAD

83).

(6) Anchorage No. 9. In San Francisco

Bay bounded on the east by the eastern

shore of San Francisco Bay and on the

north by the southern shore of Alameda

Island and a line beginning at

37°46′21.5′′ N, 122°19′07′′ W; thence

westerly to 37°46′30′′ N, 122°21′56′′ W;

thence south-southeasterly to 37°41′45′′

N, 122°20′22′′ W (San Bruno Channel

Light 1); thence south-southeasterly to

37°38′38.5′′ N, 122°18′48.5′′ W (San

Bruno Channel Light 5); thence

southeasterly to 37°36′05′′ N, 122°14′18′′

W; thence northeasterly to shore at

37°37′38.5′′ N, 122°09′06.5′′ W (NAD

83).

* * * * *

(17) Anchorage No. 24. Bounded by

the north shore of Carquinez Strait and

the following points: Beginning on the

shore at Dillon Point at 38°03′44′′ N,

122°11′34′′ W; thence southeasterly to

38°03′21′′ N, 122°10′43′′ W; thence

southeasterly to 38°02′36′′ N, 122°10′03′′

W (Carquinez Strait Light 23); thence to

the shore at the Benicia City Wharf at

38°02′40′′ N, 122°09′55′′ W (NAD 83).

* * * * *

Dated: June 11, 2001.

E.R. Riutta,

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

Eleventh Coast Guard District.

[FR Doc. 01–15996 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–038]

RIN 2115–AA97

Safety Zone; Wings Over Lake Air

Show, Michigan City, IN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Wings Over The Lake Air Show in

Michigan City, Michigan. This safety

zone is necessary to protect vessels and

spectators from potential aircraft

hazards during a planned air show over

Lake Michigan. The safety zone is

intended to restrict vessels from a

portion of Lake Michigan off Michigan

City, Indiana.

DATES: This rule is effective from 4 p.m.

(local) to 6 p.m. (local), July 8, 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 [CGD09–01–038] and are

available for inspection or copying at

Marine Safety Office Chicago, 215 W.

83rd Street, Suite D, Burr Ridge, Illinois

60521, 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, 215 W. 83rd

Street, Suite D, Burr Ridge, IL 60521.

The telephone number is (630) 986–

2175.

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 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 necessary effective date. 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 with

regard to this event.

Background and Purpose

This temporary safety zone is

necessary to ensure the safety of vessels

and spectators from hazards associated

with an air show. Entry into, transit

through or anchoring within this safety

zone is prohibited unless authorized by

the Captain of the Port, Chicago or the

designated Patrol Commander. The

designated Patrol Commander on scene

may be contacted on 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). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

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 will affect the following

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of Lake Michigan from 4 p.m.

to 6 p.m., July 8, 2001. This regulation

would not have a significant economic

impact for the following reasons. The

regulation is only in effect for only two

hours on one day. The designated area

is being established to allow for

maximum use of the waterway for

commercial vessels to enjoy the air

show in a safe manner. In addition,

commercial vessels transiting the area

can transit around the area. The Coast

Guard will give notice to the public via

a Broadcast to Mariners that the

regulation is in effect.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

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).

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33837

Federalism

We have analyzed this rule under

Executive Order 13132, Federalism, 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.

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 create an environmental risk to

health or risk to safety that may

disproportionately affect children.

Environment

We have 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.

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 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out 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. A new temporary § 165.T09–928 is

added to read as follows:

§ 165.T09–928 Safety Zone: Lake

Michigan, Michigan City, IN.

(a) Location. The following area is a

safety zone: The waters of Lake

Michigan off Washington Park

encompassed by a box starting at 250

feet from the East Pierhead and 250 feet

from Washington Park Beach in the

approximate location of 41°43′39′′ N,

086°54′32′′ W to 41°44′06′′ N, 086°54′44′′

W to 41°43′55′′ N, 086°53′40′′ W to

41°44′21′′ N, 086°53′52′′ W. (NAD 1983).

(b) Effective Time and Date. This

regulation is effective from 4 p.m. (local)

and terminates at 6 p.m. (local), on July

8, 2001.

(c) Regulations. This safety zone is

being established to protect the boating

public during a planned air show. In

accordance with the general regulations

in § 165.23 of this part, entry into this

zone is prohibited unless authorized by

the Coast Guard Captain of the Port,

Chicago, or the designated Patrol

Commander. The designated Patrol

Commander on scene may be contacted

on VHF Channel 16.

Dated: June 11, 2001.

R.E. Seebald,

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

Port Chicago.

[FR Doc. 01–15991 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–052]

RIN 2115–AA97

Safety Zone—Lake Erie, Huron, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Huron River, Huron, Ohio. This

safety zone is necessary to protect

spectators and vessels from the hazards

associated with fireworks displays. This

zone is intended to restrict vessels from

a portion of Huron River for the City of

Huron Red, White and Blue Bang, July

07, 2001, fireworks display.

DATES: This rule is effective from 10

a.m. until 11 p.m. on July 7, 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 [CGD09–01–052] 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 the regulation’s

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. The Coast Guard has not

received any complaints or negative

comments with regard to this event.

Background and Purpose

This temporary rule is necessary to

ensure the safety of spectators and