Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations 34367

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 recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed 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), 6.04–6, and 160.5; 49 CFR

1.46.

2. A new temporary § 165.T09–942 is

added to read as follows:

§ 165.T09–942 Safety zone: Put-In-Bay,

Middle Bass Island, Ohio

(a) Location. All waters and the

adjacent shoreline of Put-In-Bay, Middle

Bass Island, Ohio, bounded by the arc

of a circle with a 800-foot radius with

its center in approximate position

41°40′15′′ N, 082°48′35′′ W. (NAD 1983).

(b) Effective period. This section is

effective from 5 p.m. until 11 p.m., July

4, 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 18, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–16320 Filed 6–27–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–093]

RIN 2115–AA97

Safety Zone: Naval Force Protection,

Bath Iron Works, Kennebec River,

Bath, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone to

close a portion of the Kennebec River to

waterway traffic in a 400-foot radius

around Bath Iron Works, Bath, Maine

for the protection of Naval Forces, from

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

September 30, 2001. Entry into this

safety zone is prohibited unless

authorized by the Captain of the Port.

EFFECTIVE DATE: This rule is effective

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

September 30, 2001.

ADDRESSES: Comments should be

mailed to: Commanding Officer, U.S.

Coast Guard Marine Safety Office, 103

Commercial St., Portland Maine 04101–

4726. The Port Operations Department,

Coast Guard Marine Safety Office

maintains the public docket for this rule

making. 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

the Coast Guard Marine Safety Office

between 8 a.m. and 4 p.m., Monday

through Friday, except for Holidays.

34368 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Lieutenant E. J. Doucette, Chief of Port

Operations, Captain of the Port,

Portland, Maine at (207) 780–3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Good cause exists for not publishing a

NPRM and for making this regulation

effective in less than 30 days after

Federal Register publication. Due to the

complex planning and coordination

involved, final details for the closure

were not provided to the Coast Guard

until May 31, 2001, making it

impossible to pulblish a NPRM or a

final rule 30 days in advance. Any delay

encountered in this regulation’s

effective date would be contrary to the

public interest since immediate action is

needed to safeguard the Naval vessels

moored at the Bath Iron Works facility,

the public and the surrounding area

from sabotage or other subversive acts,

accidents, or other causes of a similar

nature.

Background and Purpose

A safety zone was established by the

Captain of the Port Portland, Maine,

April 26, 2001 in the Federal Register

Volume 66, Number 81, pages 20926–

20927. That safety zone prohibited entry

into all waters of the Kennebec River

within a 400-foot radius of Bath Iron

Works, Bath, Maine from 7 a.m. April 4,

2001 through 12 p.m. June 16, 2001.

Due to continuing security concerns, a

safety zone is prudent for an additional

period of time. The safety zone will be

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

12 p.m. September 30, 2001 at Bath Iron

Works, Bath, Maine. This regulation

establishes a safety zone in the waters

of the Kennebec River. This safety zone

is required to protect the Naval

personnel, facilities, and vessels from

the hazards associated with terrorism.

Entry into this zone will be prohibited

unless authorized by the Captain of the

Port.

Regulatory Evaluation

This temporary final 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. It has not

been reviewed by the Office of

Management and Budget 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

for the following reasons: This safety

zone is limited in scope, involves only

a portion of the Kennebec River,

allowing vessels to safely navigate the

river channel, and navigate around the

safety zone without delay. Maritime

advisories will be made in advance of

and during the effective dates of the

safety zone.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 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 (Public Law 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.

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 theses 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 contains no collection of

information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132 and

have determined that this rule does not

have sufficient federalism 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 costs without the Federal

government’s 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 affect 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 section 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity

and reduce burden.

Protection of Children

The Coast Guard has 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.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribe, 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.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation.

Energy Effects

The Coast Guard has analyzed this

rule under Executive Order 13211,

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