Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34821

line drawn at latitude 39°10′16′′ N and

bounded on the north by a line drawn

at latitude 39°11′35′′ N. All coordinates

reference 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 the Commander, Coast

Guard Activities Baltimore.

(c) Special Local Regulations. (1)

Except for persons or vessels authorized

by the Coast Guard Patrol Commander,

no person or vessel may enter or remain

in the regulated area.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(ii) Proceed as directed by any

commissioned, warrant, or petty officer

on board a vessel displaying a Coast

Guard ensign.

(d) Effective Date. This section is

effective from 6 a.m. to 2 p.m. eastern

time on July 14, 2001.

Dated: June 21, 2001.

J.E. Shkor,

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

Fifth Coast Guard District.

[FR Doc. 01–16487 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

CGD 13–01–004

RIN 2115–AE46

Modification to Special Local

Regulation (SLR) for Seattle Seafair

Unlimited Hydroplane Race

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is updating

the Seafair Special Local Regulation

(SLR) to enhance the safe execution of

Seafair’s hydroplane and air show

event. The rule adds one week to the

time period within which the

regulations of the SLR can become

effective each year and adds restrictions

on swimming and rafting within the

regulated areas.

DATES: This rule is effective August 1,

2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD 13–01–004 and are

available for inspection or copying at

Commander, Thirteenth Coast Guard

District (m), Jackson Federal Building,

915 Second Avenue, Room 3506,

Seattle, WA, 98174–1067 between 8

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Jane Wong,

either at the above address, or by phone

at (206) 220–7224.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 6, 2001 we published a

notice of proposed rulemaking (NPRM)

entitled Modification to Special Local

Regulation (SLR) for Seattle Seafair

Unlimited Hydroplane Race in the

Federal Register (66 FR 18219). We

received no letters commenting on the

proposed rule. No public hearing was

requested, and none was held.

Background and Purpose

For more than 50 years the Seafair

hydroplane races and air show on and

over Lake Washington have been a

Pacific Northwest tradition, entertaining

millions of people over that period.

However, these entertaining events

involve risks to both spectators and

participants. During the hydroplane

races and air show, the marine

congestion associated with the number

of boats, swimmers, and spectators on

shore challenges even the most

experienced seaman. There is an

inherent risk of a participating boat or

plane losing control or crashing. This

potentially violent and deadly scenario

necessitates the maintenance of a

regulated area to protect spectators

while providing unobstructed vessel

traffic lanes to ensure timely arrival of

emergency response craft.

The Seafair SLR contained in 33 CFR

100.1301 has been in effect since 1986

and allows the regulations to be

effective within a two-week time period.

We are now expanding this to a threeweek period. We are also adding

language to address the hazards

associated with swimmers and rafting of

vessels, which are not included in 33

CFR 100.1301.

Discussion of Comments and Changes

No comments were received in

connection with this rulemaking. No

changes have been made to the

proposed rule.

Regulatory Evaluation

This proposed 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 any economic impact as a

result of this regulation to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. This rulemaking slightly

modifies existing safety regulations, and

should not effect the economic activities

of any Seafair participant or spectator.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this 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 rule would not

have a significant economic impact on

a substantial number of small entities.

(1) Small entities this rule may affect

include owners and operators of vessels,

including small passenger vessels,

intending to transit or anchor in a

portion of Lake Washington during the

event.

(2) This regulation will not have a

significant economic impact on these

small entities because there will be no

substantial change from the way vessel

operations have been running in years

past. Because these regulations are

aimed at recreational vessels,

commercial vessels will not be

impacted.

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. 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

LT P. M. Stocklin, Jr. at Marine Safety

Office Puget Sound, Waterways

Management Branch, (206) 217–6237.

Small businesses may send comments

on the actions of Federal employees

34822 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

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

A rule has implications for federalism

under Executive Order 13132,

Federalism, if it has a substantial direct

effect on State or local governments and

would either preempt State law or

impose a substantial direct cost of

compliance on them. We have analyzed

this rule under that Order and have

determined that it does not have

implications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 or more in any one year.

Though this rule will not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

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.

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 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 as a

significant energy action by the

Administrator of the Office of

Information and Regulatory Affairs.

Therefore, it does not require a

Statement of Energy Effects under

Executive Order 13211.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34) (h), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. This rule

makes minor changes to the existing

rule.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and record-keeping

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. Revise § 100.1301 to read as

follows:

§ 100.1301 Seattle seafair unlimited

hydroplane race.

(a) This section is in effect annually

during the last week in July and the first

two weeks of August from 8 a.m until

8 p.m. Pacific Daylight Time, as

published in the Local Notice of

Mariners. The event will be one week or

less in duration. The specific dates

during this time frame will be published

in the Local Notice to Mariners.

(b) The area where the Coast Guard

will restrict general navigation by this

regulation during the hours it is in effect

is: The waters of Lake Washington

bounded by the Interstate 90 (Mercer

Island /Lacey V. Murrow) Bridge, the

western shore of Lake Washington, and

the east/west line drawn tangent to

Bailey Peninsula and along the

shoreline of Mercer Island.

(c) The area described in paragraph

(b) of this section has been divided into

two zones. The zones are separated by

a line perpendicular from the I–90

Bridge to the northwest corner of the

East log boom and a line extending from

the southeast corner of the East log

boom to the southeast corner of the

hydroplane race course and then to the

northerly tip of Ohlers Island in

Andrews Bay. The western zone is

designated Zone I, the eastern zone,

Zone II. (Refer to NOAA Chart 18447).

(d) The Coast Guard will maintain a

patrol consisting of Coast Guard vessels,

assisted by Auxiliary Coast Guard

vessels, in Zone II. The Coast Guard

patrol of this area is under the direction

of the Coast Guard Patrol Commander

(the ‘‘Patrol Commander’’). The Patrol

Commander is empowered to control

the movement of vessels on the

racecourse and in the adjoining waters

during the periods this regulation is in

effect. The Patrol Commander may be

assisted by other federal, state and local

law enforcement agencies.

(e) Only authorized vessels may be

allowed to enter Zone I during the hours

this regulation is in effect. Vessels in the

vicinity of Zone I shall maneuver and

anchor as directed by Coast Guard

Officers or Petty Officers.

(f) During the times in which the

regulation is in effect, swimming,

wading, or otherwise entering the water

in Zone I by any person is prohibited

while hydroplane boats are on the

racecourse. At other times in Zone I, any

person entering the water from the

shoreline shall remain west of the swim

line, denoted by buoys, and any person

entering the water from the log boom

shall remain within ten (10) feet of the

log boom.

(g) During the times in which the

regulation is in effect, any person

swimming or otherwise entering the

water in Zone II shall remain within ten

(10) feet of a vessel.

(h) During the times this regulation is

in effect, rafting to a log boom will be

limited to groups of three vessels.

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34823

(i) During the times this regulation is

in effect, up to six (6) vessels may raft

together in Zone II if none of the vessels

are secured to a log boom.

(j) During the times this regulation is

in effect, only vessels authorized by the

Patrol Commander, other law

enforcement agencies or event sponsors

shall be permitted to tow other

watercraft or inflatable devices.

(k) Vessels proceeding in either Zone

I or Zone II during the hours this

regulation is in effect shall do so only

at speeds which will create minimum

wake, seven (07) miles per hour or less.

This maximum speed may be reduced at

the discretion of the Patrol Commander.

(l) Upon completion of the daily

racing activities, all vessels leaving

either Zone I or Zone II shall proceed at

speeds of seven (07) miles per hour or

less. The maximum speed may be

reduced at the discretion of the Patrol

Commander.

(m) A succession of sharp, short

signals by whistle or horn from vessels

patrolling the areas under the direction

of the Patrol Commander shall serve as

signal to stop. Vessels signaled shall

stop and shall comply with the orders

of the patrol vessel; failure to do so may

result in expulsion from the area,

citation for failure to comply, or both.

The Coast Guard may be assisted by

other federal, state and local law

enforcement agencies, as well as official

Seafair event craft.

Dated: June 13, 2001.

Erroll Brown,

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

Thirteenth District.

[FR Doc. 01–16484 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05–01–030]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Northeast River, North East,

MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

temporary special local regulations for

the Salute to Cecil County Veterans

Fireworks Celebration, an event to be

held over the waters of the Northeast

River, North East, Maryland. These

special local regulations are necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in portions of the Northeast River

during the fireworks display.

DATES: This rule is effective from 9 p.m.

to 10 p.m. eastern time on July 3, 2001.

ADDRESSES: You may mail comments

and related material to Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, or deliver them to the same

address between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays. Comments and materials

received from the public as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–01–030 and are available

for inspection or copying at Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: S.L.

Phillips, Project Manager, Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, telephone number (757)

398–6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

A notice of proposed rulemaking

(NPRM) was not published for this

regulation. In keeping with 5 U.S.C.

553(b)(B) and 553(d)(3), the Coast Guard

finds that good cause exists for not

publishing a NPRM and for making this

rule effective less than 30 days after

publication in the Federal Register. The

Coast Guard received the request for

special local regulations on May 23,

2001. We were notified of the need for

special local regulations with

insufficient time to publish a NPRM,

allow for comments, and publish a final

rule prior to the event on July 3, 2001.

Background and Purpose

On July 3, 2001, the Salute to Cecil

County Veterans Committee will

sponsor a fireworks display over the

Northeast River, adjacent to North East

Community Park, North East, Maryland.

The pyrotechnics will be launched from

a barge anchored approximately 1000

yards south of North East Community

Park. A fleet of spectator vessels is

expected to gather near the event site to

view the fireworks display. To provide

for the safety of spectators and other

transiting vessels, the Coast Guard will

temporarily restrict vessel traffic in the

event area during the fireworks display.

Discussion of Regulations

The Coast Guard is establishing

temporary special local regulations on

specified waters of the Northeast River

adjacent to North East Community Park,

North East, Maryland. The regulated

area is a 300 yard radius around the

fireworks barge. The temporary special

local regulations will be in effect from

9 p.m. to 10 p.m. eastern time on July

3, 2001. The effect will be to restrict

general navigation in the regulated area

during the event. Except for persons or

vessels authorized by the Coast Guard

Patrol Commander, no person or vessel

may enter or remain in the regulated

area. The Patrol Commander will notify

the public of specific enforcement times

by Marine Radio Safety Broadcast.

These regulations are needed to control

vessel traffic during the event to

enhance the safety of spectators and

transiting vessels.

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 temporary final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Although this regulation prevents

traffic from transiting a portion of the

Northeast River during the event, the

effect of this regulation will not be

significant due to the limited duration

that the regulated area will be in effect

and the extensive advance notifications

that will be made to the maritime

community via the Local Notice to

Mariners, marine information

broadcasts, and area newspapers so

mariners can adjust their plans

accordingly.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this 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.