34366 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

paragraph (a) of this section if the

Combined DNA Index System contains

a DNA analysis with respect to that

individual, or if a DNA sample has been

collected from that individual under 10

U.S.C. 1565.

(c) Each individual described in

paragraph (a) of this section shall

cooperate in the collection of a DNA

sample from that individual by the

Bureau of Prisons. The Bureau of

Prisons may use or authorize the use of

such means as are reasonably necessary

to detain, restrain, and collect a DNA

sample from an individual described in

paragraph (a) of this section who refuses

to cooperate in the collection of the

sample.

(d) The Bureau of Prisons may enter

into agreements with units of State or

local government or with private

entities to provide for the collection of

samples under this section.

(e) The Bureau of Prisons shall

furnish each DNA sample collected

under this section to the Federal Bureau

of Investigation.

§ 28.13 Analysis and indexing of DNA

samples.

(a) The Federal Bureau of

Investigation shall carry out a DNA

analysis on each DNA sample furnished

to the Federal Bureau of Investigation

pursuant to section 3(b) or 4(b) of Public

Law 106–54, and shall include the

results in the Combined DNA Index

System.

(b) The Federal Bureau of

Investigation shall include in the

Combined DNA Index System the

results of each analysis furnished to the

Federal Bureau of Investigation

pursuant to section 1565(b)(2) of title

10, United States Code.

Dated: June 21, 2001.

John Ashcroft,

Attorney General.

[FR Doc. 01–16171 Filed 6–27–01; 8:45 am]

BILLING CODE 4410–19–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–060]

RIN 2115–AA97

Safety Zone; Middle Bass Island, Lake

Erie, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone at

Put-In-Bay, Middle Bass Island, Ohio.

This safety zone is necessary to protect

spectators and vessels from the hazards

associated with fireworks displays. This

zone is intended to restrict vessels from

a portion of Put-In-Bay for the City of

Put-In-Bay July 4, 2001, fireworks

display.

DATES: This rule is effective from 5 p.m.

until 11 p.m. 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, are part of

docket [CGD09–01–060] and are

available for inspection or copying at

U.S. Coast Guard Marine Safety Office

Toledo, 420 Madison Ave, Suite 700,

Toledo, Ohio, 43604 between 9:30 a.m.

and 2 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Herb Oertli, Chief of Port Operations,

Marine Safety Office, 420 Madison Ave,

Suite 700, Toledo, Ohio 43604; (419)

418–6050.

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 it effective less than 30

days after publication in the Federal

Register. The Coast Guard had

insufficient advance notice to publish

an NPRM followed by a temporary final

rule. 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. The Coast Guard

has not received any complaints or

negative comments with regard to this

event.

Background and Purpose

This temporary rule is necessary to

ensure the safety of spectators and

vessels during the setup, loading and

launching of a fireworks display in

conjunction with the City of Put-In-Bay

July 4, 2001 Fireworks. The fireworks

display will occur between 5 p.m. and

11 p.m. on July 4.

This safety zone will encompass all

waters and the adjacent shoreline of

Put-In-Bay Middle Bass Island, Ohio,

bounded by an arc of a circle with a

800-foot radius with its center in

approximate position 41°40′15′′ N,

082°48′35′′ W. The Captain of the Port

Toledo or his designated on scene

representative may terminate this event.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Toledo or his designated on scene

representative. The Captain of the Port

or his designated on scene

representative may be contacted via

VHF Channel 16.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, 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). This

finding is based on the historical lack of

vessel traffic during this time of year.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have 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 and operators of

vessels intending to transit or anchor in

a portion of Put-In-Bay off Middle Bass

Island, Ohio.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This rule will be

in effect for only a few hours on one day

and vessel traffic can pass safely around

the safety zone.

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

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.