Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations 34113

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–034]

RIN 2115–AA97

Safety Zone; Cleveland Harbor,

Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone encompassing

the navigable waters adjacent to the

Cleveland Port Authority, on Cleveland

Harbor, Lake Erie. The Safety Zone is

necessary to ensure the safety of

spectator vessels during a fireworks

display launched from a barge in

Cleveland Harbor on July 4, 2001. Use

of fireworks and related pyrotechnics

require that spectator vessels are kept at

a safe distance from firework launching

and landing sites, and well away from

any unexploded pyrotechnics falling

into the water and land areas near the

launching site.

DATES: This temporary final rule

becomes effective at 9:30 p.m. (e.s.t) July

4, 2001 and terminates at 10:30 p.m.

(e.s.t.), July 4, 2001.

ADDRESSES: Comments and material

received from the public are part of

docket CGD09–01–034, and are

available for inspection and copying at

Coast Guard Marine Safety Office

Cleveland, Ohio, 1055 East Ninth Street,

Cleveland, Ohio, 44114, between 7:30

a.m. and 4 p.m. Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant John Natale, U.S. Coast

Guard Marine Safety Office Cleveland,

1055 East Ninth Street, Cleveland, Ohio

44114. The telephone number is (216)

937–0111.

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 Coast Guard had

insufficient advance notice to publish

an NPRM. Publication of a notice of

proposed rulemaking and delay of

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.

Background and Purpose

On July 4, 2001, at approximately 10

p.m., a fireworks and pyrotechnic

display will be launched from a barge in

Cleveland Harbor, approximately 1500

feet north of Voinavich Park at

coordinates 41°30′53′′ N, 081°42′00′′ W.

These coordinates are based on the

North American Datum of 1983 (NAD

83). Spectators are expected to view the

display from various spots along the

Lake Erie waterfront, and private and

commercial spectator vessels are also

expected in Cleveland Harbor. A Safety

Zone will be in effect on July 4, 2001

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

Safety Zone will include the navigable

waters of Cleveland Harbor and Lake

Erie beginning at coordinates 41°30′50′′

N, 081°41′33′′ W (the northwest corner

of Burke Lakefront Airport); continuing

northwest to coordinates 41°31′11′′ N,

081°41′55′′ W; then southwest to

41°30′48′′ N, 081°42′34′′ W; then

southeast to 41°30′27′′ N, 081°42′13′′ W

(the northwest corner of dock 28 at the

Cleveland Port Authority).

Regulatory Evaluation

This temporary 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

exempted it from review 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 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

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

considered whether this rule will have

a significant impact on a substantial

number of small businesses and not-forprofit organizations that are not

dominant in their respective fields, and

governmental jurisdictions with

populations less than 50,000. This

Safety Zone will not have a significant

economic impact on a substantial

number of small entities for the

following reason: this rule will be in

effect for approximately one hour.

Before the effective period, we will

issue maritime advisories widely

available to users of the waterway.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard wants to

assist small entities in understanding

this rule so that they can better evaluate

its effectiveness and participate in the

rulemaking process. If your small

business or organization is affected by

this rule, and you have questions

concerning its provisions or options for

compliance, please contact the office

listed in ADDRESSES in this preamble.

Collection of Information

This rule contains no information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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.

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

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.

34114 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Rules and Regulations

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 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.

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.

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.T09–948 is

added to read as follows:

§ 165.T09–948 Safety Zone: Lake Erie,

Cleveland Harbor, Ohio.

(a) Location. The safety zone will

include the navigable waters of

Cleveland Harbor and Lake Erie

beginning at coordinates 41°30′50′′ N,

081°41′33′′ W (the northwest corner of

Burke Lakefront Airport); continuing

northwest to coordinates 41°31′11′′ N,

081°41′55′′ W; thence southwest to

41°30′48′′ N, 081°42′34′′ W; then

southeast to 41°30′27′′ N, 081°42′13′′ W

(the northwest corner of dock 28 at the

Cleveland Port Authority). (NAD 83)

(b) Effective dates. This section is

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

on July 4, 2001.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this safety zone is

prohibited unless authorized by the

Captain of the Port, Cleveland or his

representative on the Coast Guard vessel

on scene. The Coast Guard Patrol

Commander may be contacted on VHF

Channel 16.

Dated: June 2, 2001.

R.J. Perry,

Commander, U.S. Coast Guard, Captain of

the Port, Cleveland, Ohio.

[FR Doc. 01–16184 Filed 6–26–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–001–0063a; FRL–7000–7]

Determination of Attainment for the

Carbon Monoxide National Ambient Air

Quality Standard for Metropolitan

Denver; State of Colorado

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action makes a

determination of attainment for the

carbon monoxide (CO) National

Ambient Air Quality Standard (NAAQS)

for the metropolitan Denver CO

nonattainment area which was

classified as ‘‘serious’’. The Denver area

was required by the Clean Air Act

Amendments (CAAA) of 1990 to attain

the CO NAAQS by December 31, 2000.

This determination is based on

complete, quality assured ambient air

quality monitoring data for the years

1998, 1999, and 2000.

DATES: This direct final rule is effective

on August 27, 2001 without further

notice, unless EPA receives adverse

comments by July 27, 2001. If adverse

comment is received, EPA will publish

a timely withdrawal of the direct final

rule in the Federal Register and inform

the public that the rule will not take

effect.

ADDRESSES: Written comments may be

mailed to: Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, United States Environmental

Protection Agency, Region VIII, 999

18th Street, Suite 300, Denver, Colorado

80202–2466.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following offices: United

States Environmental Protection

Agency, Region VIII, Air and Radiation

Program, 999 18th Street, Suite 300,

Denver, Colorado 80202–2466; and,

United States Environmental Protection

Agency, Air and Radiation Docket and

Information Center, 401 M Street, SW,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Tim

Russ, Air and Radiation Program,

Mailcode 8P–AR, United States

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado 80202–

2466Telephone number: (303) 312–

6479.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean

the Environmental Protection Agency.

I. What is the Purpose of This Action?

In this action, we are determining that

the metropolitan Denver (hereafter

Denver) CO nonattainment area, as

described in 40 CFR 81.306, has

attained the 8-hour CO NAAQS based

on quality assured ambient air

monitoring data for the years 1998,

1999, and 2000. This action is being

taken as required by section 179 (c)(1)

of the Clean Air Act (CAA) and is

consistent with the requirements of

section 186(b)(2) of the CAA for CO

nonattainment areas. This

determination of attainment does not

redesignate the Denver area to

attainment for the CO NAAQS. The

CAA requires that for an area to be

redesignated to attainment the five

criteria in section 107(d)(3)(E) must first

be satisfied and EPA must fully approve

a maintenance plan for the area.

II. Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 were enacted

(Public Law 101–549, 104 Stat. 2399,

codified at 42 U.S.C. 7401–7671q).

Under section 107(d)(1)(C) of the Clean

Air Act (CAA), we designated the

Denver area as nonattainment for CO

because the area had been designated as

nonattainment before November 15,

1990. We originally designated Denver

as nonattainment for CO under the

provisions of the 1977 CAA

Amendments (see 43 FR 8962, March 3,

1978). This designation was reaffirmed