Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations 34369

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.

Regulation

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

PART 165—[AMENDED]

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. Add temporary § 165.T01–093 to

read as follows:

§ 165.T01–093 Naval Force Protection, at

Bath Iron Works, Kennebec River, Bath,

Maine

(a) Location. The following is a safety

zone: all waters in a 400-foot radius

around Bath Iron Works, Bath, Maine.

(b) Effective date. This section is

effective from 12 p.m. June 16, 2001 to

12 p.m. September 30, 2001.

(c) Regulations. (1) The general

regulations contained in § 165.23 and

the regulations specifically relating to

safety zones in § 165.20 of this part

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene personnel. Upon

being hailed by designated personnel

via siren, radio, flashing light, bullhorn

or other means, the operator of the

vessel shall proceed as directed.

(3) Entry or movement within this

zone is prohibited unless authorized by

the Captain of Port, Portland, Maine.

Dated: June 15, 2001.

Roy A. Nash,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–16319 Filed 6–27–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–01–012]

RIN 2115–AA97

Safety Zone; Fireworks Display,

Columbia River, Vancouver,

Washington

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the waters

of Columbia River in the vicinity of

Vancouver, Washington from 6 p.m. to

11 p.m. (PDT) on July 4, 2001 to

safeguard watercraft and their occupants

from safety hazards associated with a

fireworks display.

DATES: This regulation is effective from

6 p.m. (PDT) to 11 p.m. (PDT) on July

4, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, will be

available for inspection or copying at

the U.S. Coast Guard Group/MSO

Portland, 6767 N. Basin Ave, Portland,

Oregon 97217 between 7 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander William Clark,

c/o Captain of the Port, Portland 6767 N.

Basin Avenue, Portland, Oregon 97217,

(503) 240–9317.

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) and

5 U.S.C. 553(d)(3), the Coast Guard finds

that good cause exists for not publishing

an NPRM and for making this rule

effective less than 30 days after

publication in the Federal Register.

Publishing a NPRM would be contrary

to public interest since immediate

action is necessary to ensure the safety

of vessels and spectators gathering in

the vicinity of the fireworks launching

barge. Due to the complex planning and

coordination, the event sponsor, the

Fort Vancouver Fireworks Committee,

was unable to provide the Coast Guard

with notice of the final details until less

than 30 days prior to the date of the

event. If normal notice and comment

procedures were followed, this rule

would not become effective until after

the date of the event. For this reason,

following normal rulemaking

procedures in this case would be

impracticable and contrary to the public

interest.

Background and Purpose

The Coast Guard is promulgating a

temporary safety zone regulation to

allow a safe fireworks display. The

fireworks display is scheduled to start at

10 p.m. (PDT) on July 4, 2001. This

event may result in a number of vessels

congregating near the fireworks

launching barge. The zone is needed to

protect watercraft and their occupants

from safety hazards associated with

fireworks display. This safety zone will

be enforced by representatives of the

Captain of the Port, Portland, Oregon.

The Captain of the Port may be assisted

by other federal agencies and local

agencies.

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). 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 act of DOT is

unnecessary. This expectation is based

on the fact that the regulated area

established by the proposed regulation

would encompass less than one mile of

the Columbia for a period of only five

hours.

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’’ includes

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. This

rule will affect the following entities,

some of which may be small entities:

the owners or operators of vessels

intending to transit a portion of the

Columbia River from 6 p.m. to 11 p.m.

on July 4, 2001. This safety zone will

not have significant economic impact on

a substantial number of small entities

for the following reasons. This rule will

be in effect for only 5 hours in the

34370 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

evening when vessel traffic is low. The

safety zone will not apply to the entire

width of the river, and traffic will be

allowed to pass through the zone with

the permission of the Coast Guard patrol

commander. Because the impacts of this

proposal are expected to be so minimal,

the Coast Guard certifies under 5 U.S.C.

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this final rule

will not have a significant economic

impact on a substantial number of small

entities.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process.

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).

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.

Federalism

We have analyzed this rule under

Executive Order 13132 and have

determined that this final 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 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 M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

Categorical Exclusion is provided for

temporary safety zones of less than one

week in duration. This rule establishes

a safety zone with a duration of five

hours.

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 amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

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 temporary § 165.T13–006 is

added to read as follows:

§ 165.T13–006 Safety Zone; Columbia

River Vancouver, Washington.

(a) Location. The following area is a

safety zone: all waters of the Columbia

River at Vancouver, Washington

bounded by a line commencing at the

northern base of the Interstate 5

highway bridge at latitude 45 degrees 37

minutes 17 seconds N, longitude 122

degrees 40 minutes 22 seconds W;

thence south along the Interstate 5

highway bridge to latitude 45 degrees 37

minutes 03 seconds N, longitude 122

degrees 40 minutes 32 seconds W;

thence east to latitude 45 degrees 36

minutes 28 seconds N, longitude 122

degrees 38 minutes 35 seconds W;

thence to Ryan’s Point at latitude 45

degrees 36 minutes 42 seconds N,

longitude 122 degrees 38 minutes 35

seconds W; thence along the

Washington shoreline to the point of

origin. (Datum NAD 83).

(b) Regulations. In accordance with

the general regulations in § 165.23 of

this part, no person or vessel may enter

or remain in this zone unless authorized

by the Captain of the Port or his

designated representatives.

(c) Effective date. This regulation is

effective on July 4, 2001 from 6 p.m.

(PDT) to 11 p.m. (PDT).

Dated: June 15, 2001.

James D. Spitzer,

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

Port.

[FR Doc. 01–16318 Filed 6–27–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13–00–011]

RIN 2115–AA97

Safety Zone; Fireworks Display,

Columbia River, Astoria, Oregon

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the waters of Columbia River in the

vicinity of Astoria, Oregon. This safety

zone is being created in response to a

July 4, 2001, evening fireworks display.

The Coast Guard is taking this action to

safeguard watercraft and their occupants

from safety hazards associated with the

fireworks display.

DATES: This regulation is effective from

9 p.m. (PDT) to 11 p.m. (PDT) on July

4, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, will be

available for inspection or copying at

the U.S. Coast Guard Group/MSO

Portland, 6767 N. Basin Ave, Portland,

Oregon 97217, between 7 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander William Clark,

(503) 240–9317.

SUPPLEMENTARY INFORMATION: