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.

Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations 33025

FOR FURTHER INFORMATION CONTACT:

Austin Pratt, Chief, Bridge Section,

Telephone (206) 220–7282.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 27, 1999, a notice of

proposed rulemaking was published in

the Federal Register entitled

Drawbridge Operations Regulations;

Duwamish Waterway and Lake

Washington Ship Canal, WA (64 FR

22593). The Coast Guard received no

comments in response to the notice. No

public hearing was requested and none

was held.

Background and Purpose

The purpose of the change to

§§ 117.1041 and 117.1051 is to alleviate

commuter traffic congestion by

removing Columbus Day from the

existing Federal holiday exemption for

the dual First Avenue South

Drawbridges across the Duwamish

Waterway, mile 2.5, and the

drawbridges across the Lake

Washington Ship Canal east of the

Chittenden Locks. These bridges from

seaward are the Ballard Bridge at mile

1.1, the Fremont Bridge at mile 2.6, the

University Bridge at mile 4.3, and the

Montlake Bridge at mile 5.2. The

regulations which are currently in effect

authorize various weekday closed

periods during the hours of heavy

commuting so that openings for vessels

will not worsen traffic congestion.

These closed periods do not apply on

weekends or Federal holidays because

the affected streets are not as heavily

traveled on those holidays. Columbus

Day does not warrant this exemption.

Many employers in the Seattle area do

not honor this holiday and, as a result,

the volume of commuter traffic does not

appreciably diminish on that day.

Openings for the passage of vessels on

this day at times of peak traffic can

cause significant delay to street traffic.

The amendment would treat Columbus

Day as any other weekday for opening

the drawspans. The amendment also

deletes reference to notification of the

Seattle City Engineer for emergency

openings of the Lake Washington Ship

Canal bridges. Emergency openings will

be provided in accordance with 33 CFR

117.31. This change reflects the Coast

Guard’s policy that notification made to

the bridge tender is sufficient for

declaration of emergency requiring

immediate opening of the draw.

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

(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

10(e) of the regulatory policies and

procedures of DOT is unnecessary. This

is based on the fact that only a certain

class of vessel would be affected one

day annually by this change. The

change will improve commuter traffic

flow and enhance navigational safety on

the Lake Washington Ship Canal by

simplifying the procedure for requesting

an emergency opening of drawspans.

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.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ include small

businesses, not-for profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) of the Regulatory

Flexibility Act that this rule will not

have a significant impact on a

substantial number of small entities.

The change adds only one day of the

year to those which have closed periods

to accommodate heavy road traffic.

Collection of Information

This rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44 U.

S. C. 3501 et seq.).

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 Mandate 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 rule

would not impose an unfunded

mandate.

Taking of Private Property

This 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 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.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under Figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation because

promulgation of changes to drawbridge

regulations have been found not to have

a significant effect on the environment.

A written ‘‘Categorical Exclusion

Determination’’ is not required for this

rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Revise § 117.1041(a)(1) to read as

follows:

§ 117.1041 Duwamish Waterway.

(a) * * *

(1) From Monday through Friday,

except all Federal holidays but

Columbus Day, the draws of the First

33026 Federal Register / Vol. 66, No. 119 / Wednesday, June 20, 2001 / Rules and Regulations

Avenue South Bridges, mile 2.5, need

not be opened for the passage of vessels

from 6 a.m. to 9 a.m. and from 3 p.m.

to 6 p.m., except: The draws shall open

at any time for a vessel of 5000 gross

tons and over, a vessel towing a vessel

of 5000 gross tons and over, and a vessel

proceeding to pick up for towing a

vessel of 5000 gross tons and over.

* * * * *

3. Revise § 117.1051(d)(2) to read as

follows:

§ 117.1051 Lake Washington Ship Canal.

* * * * *

(d) * * *

(2) The draws need not open from 7

a.m. to 9 a.m. and from 4 p.m. to 6 p.m.

Monday through Friday, except all

Federal holidays but Columbus Day for

any vessel of less than 1000 tons, unless

the vessel has in tow a vessel of 1000

gross tons or over.

* * * * *

Dated: June 5, 2001.

Erroll Brown,

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

Thirteenth Coast Guard District.

[FR Doc. 01–15553 Filed 6–19–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGDO9–01–049]

Safety Zone: Captain of the Port

Detroit Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: The Coast Guard is

implementing safety zones for annual

fireworks displays in the Captain of the

Port Detroit Zone during July 2001. This

action is necessary to provide for the

safety of life and property on navigable

waters during these events. These zones

will restrict vessel traffic from a portion

of the Captain of the Port Detroit Zone.

DATES: 33 CFR 165.907 is implemented

from 12:01 a.m. (EST) on July 1, 2001,

to 11:59 p.m. (EST) on July 31, 2001.

FOR FURTHER INFORMATION CONTACT:

Ensign Brandon Sullivan, U.S. Coast

Guard Marine Safety Office Detroit,

(313) 568–9580.

SUPPLEMENTARY INFORMATION: The Coast

Guard is implementing the permanent

safety zones in 33 CFR 165.907

(published May 21, 2001, in the Federal

Register, 66 FR 27868), for fireworks

displays in the Captain of the Port

Detroit Zone during July 2001. The

following safety zones are in effect for

fireworks displays occurring in the

month of July 2001:

(1) Lake Erie Metro Park Fireworks.

Location: The waters off the

Brownstown Wave Pool area, Lake Erie

bounded by the arc of a circle with a

300-yard radius with its center in

approximate position 42°03′ N, 083°11′

W, on July 1, 2001, from 10 p.m. until

11 p.m.

(2) Port Sanilac Fireworks. Port

Sanilac, MI. Location: The waters off the

South Harbor Breakwall, Lake Huron

bounded by the arc of a circle with a

300-yard radius with its center in

approximate position 43°25′ N, 082°31′

W on July 4, 2001, from 9:30 p.m. until

11 p.m.

(3) Port Huron 4th of July Fireworks,

Port Huron, MI. Location: All waters of

the Black River within a 300-yard radius

of the fireworks barge in approximate

position 42°58′ N, 082°25′ W about 300

yards east of 223 Huron Ave., in the

Black River on July 1, 2001, from 10

p.m. until 11 p.m.

(4) Caseville Fireworks, Caseville, MI.

Location: The waters off the Caseville

breakwall, Saginaw River bounded by

the arc of a circle with a 300-yard radius

with its center in approximate position

43°55′ N, 083°17′ W, on July 3, 2001,

from 10 p.m. until 11 p.m.

(5) Algonac Pickerel Tournament

Fireworks, Algonac, MI. Location: All

waters of the St. Clair River within a

300-yard radius of the fireworks barge in

approximate position 42°37′ N, 082°32′

W, between Algonac and Russell Island,

St. Clair River—North Channel, on July

3, 2001, from 9:30 p.m. until 10:30 p.m.

(6) Grosse Pointe Yacht Club 4th of

July Fireworks, Grosse Pointe Shores,

MI. Location: All waters of Lake St. Clair

within a 300-yard radius of the

fireworks barge in approximate position

42°25′ N, 082°52′ W, about 400 yards

east of the Grosse Pointe Yacht Club

seawall, Lake St. Clair on July 4, 2001,

from 9:30 p.m. until 10:30 p.m.

(7) City of St. Clair Fireworks.

Location: The waters off St. Clair City

Park, St. Clair River bounded by the arc

of a circle with a 300-yard radius with

its center in approximate position

42°49′ N, 082°29′ W, on July 4, 2001,

from 9:30 p.m. until 11:30 p.m.

(8) Tawas City 4th of July Fireworks,

Tawas, MI. Location: The waters off the

Tawas City Pier, Lake Huron bounded

by the arc of a circle with a 300-yard

radius with its center in approximate

position 44°13′ N, 083°30′ W, on July 4,

2001 from 9 p.m. until 10 p.m.

(9) Lexington Independence Festival

Fireworks, Lexington, MI. Location: All

waters of Lake Huron within a 300-yard

radius of the fireworks barge in

approximate position 43°13′ N, 082°30′

W, about 300 yards east of the Lexington

breakwall, Lake Huron, on July 1, 2001,

from 7 p.m. until 11:59 p.m.

(10) Trenton Fireworks Display,

Trenton, MI. Location: All waters of the

Trenton Channel within a 300-yard

radius of the fireworks barge in

approximate position 42°09′ N, 083°10′

W, about 200 yards east of Trenton, in

the Trenton Channel on July 4, 2001,

from 10 p.m. until 11 p.m.

(11) City of Ecorse Water Festival

Fireworks, Ecorse, MI. Location: All

waters of the Ecorse Channel within a

300-yard radius of the fireworks barge in

approximate position 42°14′ N, 083°09′

W, at the northern end of Mud Island,

Ecorse, on July 4, 2001, from 10 p.m.

until 11 p.m.

(12) Oscoda Township Fireworks.

Location: The waters off the DNR Boat

Launch at the mouth of the Ausable

River bounded by the arc of a circle

with a 300-yard radius with its center in

approximate position 44°19′ N, 083°25′

W, on July 4, 2001, from 9 p.m. until 11

p.m.

(13) Port Austin Fireworks. Location:

The waters off the Port Austin

Breakwall on Lake Huron, bounded by

the arc of a circle with a 300-yard radius

with its center in approximate position

43°03′N, 082°40′ W, on July 4, 2001,

from 10 p.m. until 11 p.m.

(14) Belle Maer Harbor 4th of July

Fireworks, Harrison Township, MI.

Location: All waters of Lake St. Clair

within a 300-yard radius of the

fireworks barge in approximate position

42°36′ N, 082°47′ W, about 400 yards

east of Belle Maer Harbor, Lake St.

Clair—Anchor Bay on July 4, 2001, from

10 p.m. until 11 p.m.

In order to ensure the safety of

spectators and transiting vessels, these

safety zones will be in effect for the

duration of their corresponding event.

Vessels may not enter a safety zone

without permission from Captain of the

Port Detroit Zone. If you would like

permission, contact the person listed in

FOR FURTHER INFORMATION CONTACT.

Spectator vessels may anchor outside

the safety zone but are cautioned not to

block a navigable channel.

Dated: June 13, 2001.

S.P. Garrity,

Commander, U.S. Coast Guard, Captain of

the Port Detroit.

[FR Doc. 01–15554 Filed 6–19–01; 8:45 am]

BILLING CODE 4910–15–P