Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33469

June 23, 2001 until 6 p.m. eastern time

on June 24, 2001.

(d) Enforcement Times: It is expected

that this section will be enforced from

11 a.m. to 6 p.m. eastern time on June

23 and 24, 2001.

Dated: June 15, 2001.

T.C. Paar,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 01–15839 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05–01–027]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Inner Harbor, Patapsco River,

Baltimore, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

temporary special local regulations for

the Baltimore Convention and Visitors

Association Fireworks Display, an event

to be held over the waters of the Inner

Harbor, Patapsco River, Baltimore,

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 Inner Harbor, Patapsco

River during the event.

DATES: This rule is effective from 9:45

p.m. to 10:30 p.m. eastern time on June

23, 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 CGD05–01–027 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 June 6,

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 June 23, 2001.

Background and Purpose

On June 23, 2001, the Baltimore

Convention and Visitors Association

will sponsor a fireworks display above

the waters of the Inner Harbor, Patapsco

River. The fireworks will be launched

from a barge anchored in the Inner

Harbor. A fleet of spectator vessels is

expected to gather near the event site to

view the aerial demonstration. 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 Inner Harbor,

Patapsco River, Baltimore, Maryland.

The regulated area is a 140′ radius

around the fireworks barge. The

temporary special local regulations will

be in effect from 9:45 p.m. to 10:30 p.m.

eastern time on June 23, 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 participants, 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

Inner Harbor, Patapsco 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.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

the effected portions of the Inner

Harbor, Patapsco River during the event.

Although this regulation prevents

traffic from transiting a portion of the

Inner Harbor, Patapsco River during the

event, the effect of this regulation will

not be significant because of 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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we want to assist small entities in

understanding this temporary rule so

that they can better evaluate its effects

on them and participate in the

33470 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

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

the address listed under 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.

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

and direct effect on one or more Indian

tribes, on the relationship between the

Federal Governments 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 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

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 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

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (34)(h), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

Special local regulations issued in

conjunction with a regatta or marine

parade are specifically excluded from

further analysis and documentation

under that section. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

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. A temporary section, § 100.35–T05–

027 is added to read as follows:

§ 100.35–T05–027 Inner Harbor, Patapsco

River, Baltimore, Maryland.

(a) Regulated Area. The waters of the

Inner Harbor, Patapsco River enclosed

within the arc of a circle with a radius

of 140° and its center located at latitude

39°17′00′′ N, longitude 076°36′30′′ W.

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 official patrol,

including any commissioned, warrant,

or petty officer on board a vessel

displaying a Coast Guard ensign.

(ii) Proceed as directed by any official

patrol, including any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(d) Effective Dates. This section is

effective from 9:45 p.m. to 10:30 p.m.

eastern time on June 23, 2001.

Dated: June 15, 2001.

T.C. Paar,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 01–15840 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–01–018]

RIN 2115–AE47

Drawbridge Operation Regulations;

Mullica River

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Fifth Coast

Guard District has approved a

temporary deviation from the

regulations governing the operation of

the Green Bank Drawbridge across the

Mullica River, mile 18.0, Green Bank,

New Jersey. The bridge owner may close

the draw for needed repairs with limited

vertical navigation clearance beneath

the bridge, starting June 18, 2001,

through June 27, 2001, working nights if