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

33838 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

vessels during the setup, loading and

launching of a fireworks display in

conjunction with the City of Huron July

7, 2001, fireworks. The fireworks

display will occur between 10 a.m. and

11 p.m. on July 7th.

This safety zone will encompass all

waters and the adjacent shoreline of

Huron River Boat Basin, Huron, Ohio,

bounded by an arc of a circle with a

560-foot radius with its center in

approximate position 41°23′45′′ N,

082°32′55′′ W. The Captain of the Port

Toledo or his designated on scene

representative may terminate this 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 Huron River Boat Basin off

Huron, 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 only a few hours on one

day, 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 offer to assist small entities in

understanding the rule so that they may

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.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:

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33839

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–

922 is added as follows:

§ 165.T09–922 Safety zone: Huron River,

Huron, Ohio.

(a) Location: All waters and the

adjacent shoreline of Huron River Boat

Basin, Huron, Ohio, bounded by the arc

of a circle with a 560-foot radius with

its center in approximate position

41°23′45′′ N, 082°32′55′′ W. (NAD 1983).

(b) Effective Period. This regulation is

effective from 10 a.m. until 11 p.m., July

07, 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 7, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–15994 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–059]

RIN 2115–AA97

Safety Zone: Milwaukee Harbor,

Milwaukee, WI.

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the Milwaukee Harbor for the German

Fest 2001 fireworks display. This safety

zone is necessary to protect spectators

and vessels from the hazards associated

with the storage, preparation, and

launching of fireworks. This safety zone

is intended to restrict vessel traffic from

a portion of the Milwaukee Harbor,

Milwaukee, Wisconsin.

DATES: This temporary rule is effective

from 9:50 p.m. until 10:30 p.m. (CST) on

July 27th through July 29th, 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 [CGD09–01–059] and are

available for inspection or copying at

U.S. Coast Guard Marine Safety Office

Milwaukee, 2420 South Lincoln

Memorial Drive, Milwaukee, WI 53207

between 7 a.m. and 3:30 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Timothy Sickler, Port Operations

Chief, Marine Safety Office Milwaukee,

2420 South Lincoln Memorial Drive,

Milwaukee, WI 53207. The phone

number is (414) 747–7155.

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 did not

allow sufficient time for publication of

an NPRM followed by a temporary final

rule effective 30 days after publication.

Any delay of the effective date of this

rule would be contrary to the public

interest by exposing the public to the

known dangers associated with

fireworks displays and the possible loss

of life, injury, and damage to property.

Background and Purpose

This safety zone is established to

safeguard the public from the hazards

associated with the launching of

fireworks in Milwaukee Harbor,

Milwaukee, Wisconsin. The size of the

zone was determined by using previous

experiences with fireworks displays in

the Captain of the Port Milwaukee zone

and local knowledge about wind, waves,

and currents in this particular area.

The safety zone will be in effect on

July 27th through July 29th, from 9:50

p.m. until 10:30 p.m.(CST) each day.

The safety zone will encompass all

waters bounded by the following

coordinates: from the point of origin at

43°02.209′ N, 087°53.714′ W; southeast

to 43°02.117′ N, 087°53.417′ W; south to

43°01.767′ N, 087°53.417′ W; southwest

to 43°01.555′ N, 087°53.772′ W; then

north along the shoreline back to the

point of origin. All coordinates in this

section reference 1983 North American

Datum (NAD83). The size of this zone

was determined using the National Fire

Prevention Association guidelines and

local knowledge concerning wind,

waves, and currents.

All persons and vessels shall comply

with the instructions of the Captain of

the Port Milwaukee or his designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Milwaukee or his designated on scene

representative. The Captain of the Port

Milwaukee 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).

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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: the owners or operators of

vessels intending to transit or anchor in

the vicinity of Harbor Island in

Milwaukee’s outer harbor from 9:50

p.m. (CST) until 10:30 p.m. (CST) on

July 27th through July 29th, 2001.

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 forty minutes on three

days, late in the day when vessel traffic

is minimal. Vessel traffic may enter or

transit through the safety zone with the

permission of the Captain of the Port

Milwaukee or his designated on scene

representative. Before the effective

period, we will issue maritime

advisories widely available to users of

the Milwaukee Harbor.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 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. If