33926 Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules

(b) Distribution of assessed duties

received from the Special Accounts;

refunds resulting from reliquidation or

court action; and overpayments to

affected domestic producers.

(1) Distribution of assessed duties

received from the Special Accounts.

(i) No later than 60 days after the end

of a fiscal year, Customs will distribute

the assessed duties transferred from the

Clearing Accounts and received into the

Special Accounts for purposes of

distribution. The amount distributed

shall be referred to as the dumping and

subsidy offset;

(ii) Transfers from the Clearing

Accounts to the Special Accounts will

be made by Customs throughout the

fiscal year. Transfers will occur between

a Clearing Account and a Special Fund

Account when an entry upon which

antidumping or countervailing duties

are owed is properly liquidated

pursuant to an order, finding or receipt

of liquidation instructions;

(iii) The amount transferred at

liquidation to the Special Account will

be dependent upon the amount actually

collected on the entry and in the

Clearing Account. Following

liquidation, additional transfers will be

made on the liquidated entry to the

corresponding Special Account, as

additional antidumping or

countervailing duties owing are

collected.

(2) Refunds resulting from

reliquidation or court action. If any of

the underlying entries composing a

prior distribution should reliquidate for

a refund, such refund will be recovered,

to the extent possible, from the

corresponding Clearing Account and/or

Special Account balances available for

refund or distribution. Similarly,

refunds to importers resulting from any

court action involving those entries will

also be recovered, to the extent possible,

from corresponding Clearing Account

and/or Special Account balances

available for refund or distribution.

(3) Overpayments to affected domestic

producers. Overpayments to affected

domestic producers resulting from

subsequent reliquidations and/or court

actions and determined by Customs to

be not otherwise recoverable from the

corresponding Clearing Account or

Special Account as set out in paragraph

(b)(2) of this section will be collected

from the affected domestic producers.

The amount of each affected domestic

producer’s bill will be directly

proportional to the total dumping and

subsidy offset amounts that that affected

domestic producer previously received

under the related Special Account. All

available collection methods will be

used by Customs to collect outstanding

bills, including but not limited to,

administrative offset. Interest will begin

to accrue on unpaid bills 30 days from

the bill date.

(c) Payment of certified claims.

(1) If the total amount of the certified

net claims filed by affected domestic

producers does not exceed the amount

of the offset available for distribution in

the corresponding Special Account, the

certified net claim for each affected

domestic producer will be paid in full.

Any balance that remains in a Special

Account after an annual distribution has

occurred will be transferred back into

the appropriate Clearing Account.

Funds transferred back to the

appropriate Clearing Account will not

be available for future distributions to

affected domestic producers. Rather,

those amounts will be available to

Customs to pay refunds owed to

importers due to reliquidations and/or

court action. Funds transferred back to

the Clearing Account and not paid out

to importers will be transferred to the

General Fund when the corresponding

Special Account is terminated in

accordance with paragraph (d) of this

section.

(2) If the certified net claims exceed

the dumping and subsidy offset amount

available in the corresponding Special

Account, such offset will be made on a

pro rata basis based on each affected

domestic producer’s total certified

claim.

(3) In any case where the distribution

is not for the entire certified qualifying

expenditure submitted by an affected

domestic producer, the Customs Service

will, at the time of payment, provide a

written notification explaining the

reason for the entire amount not being

paid. If the affected domestic producer

believes that the reduction was the

result of clerical error or mistake by

Customs, it must file a request for

reconsideration within 10 business days

to the address given in the notification.

After considering the matter, the

Customs Service will notify the party

requesting reconsideration of its

decision. However, any adjustments

will be made only from funds remaining

in the account for that case in the

current or future fiscal years, but will be

paid prior to any future distributions.

(d) Final distribution and termination

of the Special Account.

(1) A Special Account will be

terminated and a final distribution will

occur when:

(i) The order or finding with respect

to which the account was established

has terminated; and

(ii) All entries relating to the order or

finding are liquidated, all outstanding

amounts collected or properly

accounted for by Customs, all related

protests, petitions, and court actions

fully concluded, and all refunds due to

importers on the underlying entries are

paid in full.

(2) Once the requisite requirements

set out in paragraph (d)(1) of this section

have been met, notice of a final

distribution will be issued pursuant to

§ 159.62.

(3) Amounts not timely claimed under

the notice of final distribution will be

permanently deposited into the General

Fund of the Treasury.

(e) Interest on Special Accounts and

Clearing Accounts. In accordance with

Federal appropriations law, and

Treasury guidelines on Special

Accounts, funds in such accounts are

not interest-bearing unless specified by

Congress. Likewise, funds being held in

Clearing Accounts are not interestbearing unless specified by Congress.

Therefore, no interest will accrue in

these accounts. However, statutory

interest charged on antidumping and

countervailing duties at liquidation, will

be transferred to the Clearing Account

or Special Account, as appropriate,

when collected from the importer.

(f) Distribution final and conclusive.

Except as provided in paragraphs (b)(3)

and (c)(3) of this section, any

distribution made to an affected

domestic producer under this section

shall be final and conclusive on the

affected domestic producer.

(g) Annual report. Although it is not

mandated in the law (19 U.S.C. 1675c),

Customs will issue an annual report on

the disbursements. This report will be

available to the public via the Customs

website.

Approved: June 21, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary of the

Treasury.

Charles W. Winwood,

Acting Commissioner of Customs.

[FR Doc. 01–16020 Filed 6–25–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–055]

RIN 2115–AA97

Safety Zone: Sister Bay Marinafest

2001, Sister Bay, WI.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules 33927

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone in

Sister Bay, Sister Bay, Wisconsin for the

Sister Bay Marinafest 2001 fireworks

celebration. This action is necessary to

ensure the safety of life and property in

the immediate vicinity of the fireworks

launch platform during this event. This

action is intended to restrict vessel

traffic to the Sister Bay marina.

DATES: Comments and related material

must reach the Coast Guard on or before

July 26, 2001.

ADDRESSES: You may mail comments

and related material to the Commanding

Officer, U.S. Coast Guard Marine Safety

Office Milwaukee, 2420 South Lincoln

Memorial Drive, Milwaukee, Wisconsin

53207. Marine Safety Office Milwaukee

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

Marine Safety Office Milwaukee

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

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Timothy Sickler, Chief of Port

Operations, U.S. Coast Guard Marine

Safety Office Milwaukee, 2420 South

Lincoln Memorial Drive, Milwaukee, WI

53207. The phone number is (414) 747–

7155.

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 for

this rulemaking [CGD09–01–055],

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81/2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material 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 submit a request

for a meeting by writing to Marine

Safety Office Milwaukee at the address

under ADDRESSES explaining why one

would be beneficial. If we determine

that one would aid this rulemaking, we

will hold one at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

This safety zone is necessary to

safeguard the public from the hazards

associated with storing, preparation and

launching of the Sister Bay Marinafest

fireworks display off of Sister Bay

marina, Sister Bay, Wisconsin. Based on

recent accidents that have occurred in

other Captain of the Port Zones, and the

explosive hazard associated with these

events, the Captain of the Port has

determined that fireworks launches in

close proximity to watercraft pose a

significant risk to safety and property.

The combination of large numbers of

inexperienced recreational boaters,

congested waterways, darkness

punctuated by bright flashes of light,

alcohol use, and debris falling in to the

water could easily result in serious

injuries or fatalities.

Establishing safety zones by notice

and comment rulemaking gives the

public an opportunity to comment on

the proposed zones and provides better

notice than promulgating temporary

final rules.

Discussion of Proposed Rule

The Coast Guard is proposing a safety

zone by Sister Bay marina, Sister Bay,

Wisconsin. The safety zone would

encompass all waters bounded by the

arc of a circle with a 420-foot radius,

centered approximately at 45° 10.60′ N,

087° 06.60′ W. The Coast Guard will

notify the public, in advance, by way of

Ninth Coast Guard District Local Notice

to Mariners, marine information

broadcasts, and for those who request it

from Marine Safety Office Milwaukee,

by facsimile (fax).

Regulatory Evaluation

This proposed 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).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e 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 zone.

Small Entities

Under the Regulatory Flexibility Act

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

whether this proposed 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 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, moor or anchor in

a portion of the activated safety zone.

This safety zone would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: this rule would

be in effect for less than an hour and a

half on the day of the event. Vessel

traffic can safely pass outside of the

proposed safety zone during the event.

Although the safety zone for the event

will encompass the entire navigation

channel, traffic would be allowed to

pass through the safety zone with

permission of the Captain of the Port

Milwaukee, or his designated on scene

Patrol Commander.

If you think 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 proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

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 Milwaukee (see

ADDRESSES).

Collection of Information

This proposed rule would call for no

new collection of information under the

33928 Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this proposed 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 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

We have 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 would not create an

environmental risk to health or risk to

safety that might 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.lC, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket 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

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 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. A new temporary section 165.T09–

926 is added to read as follows:

§ 165.T09–926 Safety Zone, Waters off

Sister Bay Marina, Sister Bay, Wisconsin

(a) Location. The following area is a

Safety Zone:

(1) The safety zone will encompass all

waters bounded by the arc of a circle

with a 420-foot radius with its center in

approximate position 45° 10.60′ N, 087°

06.60′ W, located off Sister Bay marina.

(b) Effective Dates and Times. This

safety zone is effective on September

1st, 2001 from 8:30 p.m. to 10:00 p.m.

(CST).

(c) Regulations. In accordance with

the general regulations in Section

165.23 of this part, entry into this zone

is subject to the following requirements:

(1) This safety zone is closed to all

marine traffic, except as may be

permitted by the Captain of the Port or

his duly appointed representative.

(2) The ‘‘duly appointed

representative’’ of the Captain of the

Port is any Coast Guard commissioned,

warrant or petty officer who has been

designated by the Captain of the Port,

Milwaukee, Wisconsin to act on his

behalf. The representative of the Captain

of the Port will be aboard either a Coast

Guard or Coast Guard Auxiliary vessel.

(3) Vessel operators desiring to enter

or operate within the Safety Zone shall

contact the Captain of the Port or his

representative to obtain permission to

do so. Vessel operators given permission

to enter or operate in the Safety Zone

shall comply with all directions given to

them by the Captain of the Port or his

representative.

(4) The Captain of the Port may be

contacted by telephone via the

Command Duty Officer at (414) 747–

7155 during working hours. Vessels

assisting in the enforcement of the

Safety Zone may be contacted on VHF–

FM channels 16 or 21A. Vessel

operators may determine the restrictions

in effect for the safety zone by coming

alongside a vessel patrolling the

perimeter of the Safety Zone.

(5) Coast Guard Group Milwaukee

will issue a Marine Safety Information

Broadcast Notice to Mariners to notify

the maritime community of the Safety

Zone and restriction imposed.

Dated: June 15, 2001.

M.R. DeVries,

Commander, U.S. Coast Guard, Captain of

the Port Milwaukee.

[FR Doc. 01–15999 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–037]

RIN 2115–AA97

Safety Zone; Kalamazoo Lake,

Saugatuck, Michigan

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a safety zone for a fireworks

display on Kalamazoo Lake, Saugatuck,

Michigan. This action is necessary to

provide for the safety of life and

property on navigable waters during this

event. This action is intended to restrict

vessel traffic in a portion of Kalamazoo

Lake.

DATES: Comments and related material

must reach the Coast Guard on or before

July 11, 2001.