33840 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

the rule would affect your small

business, organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact Marine

Safety Office Milwaukee (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’s having first provided the

funds to pay those unfunded mandate

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.

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

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.

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), 6.04–1, 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: Milwaukee

Harbor, Milwaukee, Wisconsin.

(a) Location. The safety zone will

encompass all waters of the Milwaukee

Harbor bounded by the following

coordinates: from the point of origin at

43°02.209’′ N, 087°53.714′ W; southeast

to 43°02.117′ N, 087°53.417′ W; south to

43°01.767′ N, 087°53.417′ W; southwest

to 43°01.555′ N, 087°53.772′ W; then

north along the shoreline back to the

point of origin. All coordinates in this

section reference 1983 North American

Datum (NAD83).

(b) Effective times and dates. From

9:50 p.m. until 10:50 p.m. daily from

July 27th through July 29th, 2001.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port

Milwaukee or the designated on scene

patrol personnel. Coast Guard patrol

personnel include commissioned,

warrant or petty officers of the U.S.

Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio,

flashing light, or other means, the

operator shall proceed as directed.

(3) This safety zone should not

adversely effect shipping. However,

commercial vessels may request

permission from the Captain of the Port

Milwaukee to enter or transit the safety

zone. Approval will be made on a caseby-case basis. Requests must be in

advance and approved by the Captain of

the Port Milwaukee before transits will

be authorized. The Captain of the Port

Milwaukee may be contacted via U.S.

Coast Guard Group Milwaukee on

Channel 16, VHF–FM.

Dated: June 14, 2001.

M.R. DeVries,

Commander, U.S. Coast Guard, Captain of

the Port, Milwaukee, Milwaukee, Wisconsin.

[FR Doc. 01–15995 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–057]

RIN 2115–AA97

Safety Zone—Lake Erie, Huron, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Huron River, Huron 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

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33841

a portion of Huron River for the City of

Huron River Fest, July 14, 2001,

fireworks display.

DATES: This rule is effective from 10

a.m. until 11 p.m. on July 14, 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 [CGD09–01–057] 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 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 the regulation’s

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 Huron July

14, 2001 Fireworks. The fireworks

display will occur between 10 a.m. and

11 p.m. on July 14th.

This safety zone will encompass all

waters and the adjacent shoreline of

Huron River Boat Basin, Huron, Ohio,

bounded by an arc of a circle with a

560-foot radius with its center in

approximate position 41°23′45′′ N,

082°32′55′′ 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 Huron River Boat Basin off

Huron, 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 (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. 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 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

33842 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

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 record keeping

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.T09–923 is

added as follows:

§ 165.T09–923 Safety zone: Huron River,

Huron, Ohio.

(a) Location. All waters and the

adjacent shoreline of Huron River Boat

Basin, Huron, Ohio, bounded by the arc

of a circle with a 560-foot radius with

its center in approximate position

41°23′45′′ N, 082°32′55′′ W. (NAD 1983).

(b) Effective Period. This regulation is

effective from 10 a.m. until 11 p.m., July

14, 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 12, 2001.

David L. Scott,

Commander, U.S. Coast Guard, Captain of

the Port.

[FR Doc. 01–15997 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD09–01–045]

RIN 2115–AA97

Safety Zone: Kewaunee Annual Trout

Festival, Kewaunee Harbor, Lake

Michigan, WI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Kewaunee Annual Trout Festival

fireworks display on July 13th, 2001.

This safety zone is necessary to ensure

the safety of persons and property in

this area during the event. This safety

zone is intended to restrict vessel traffic

from a portion of Kewaunee Harbor.

DATES: This temporary final rule is

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

on July 13th, 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 [CGD09–01–045] and are

available for inspection or copying at:

U.S. Coast Guard Marine Safety Office

Milwaukee, 2420 South Lincoln

Memorial Drive, Milwaukee, WI 53207

between 7 a.m. and 3:30 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Timothy Sickler, Port Operations

Chief, Marine Safety Office Milwaukee,

2420 South Lincoln Memorial Drive,

Milwaukee, WI 53207. The phone

number is (414) 747–7155.

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 permit application was

not received with sufficient time to

publish an NPRM followed by a

temporary final rule that would be

effective before the required effective

date. Delaying this rule would be

contrary to the public interest of

ensuring the safety of spectators and

vessels during this event and immediate

action is necessary to prevent possible

loss of life or property. The Coast Guard

has not received any complaints or

negative comments previously with

regard to this event.

Background and Purpose

A temporary safety zone is necessary

to ensure the safety of vessels and

spectators from the hazards associated

with fireworks displays. Based on recent

accidents that have occurred in other

Captain of the Port zones, and the

explosive hazard of fireworks, the

Captain of the Port Milwaukee has

determined firework launches in close

proximity to watercraft pose significant

risks to public safety and property. The

likely combination of large numbers of

recreational vessels, congested

waterways, darkness punctuated by

bright flashes of light, alcohol use, and

debris falling into the water could easily

result in serious injuries or fatalities.

Establishing a safety zone to control

vessel movement around the location of

the launch platforms will help ensure

the safety of person and property at

these events and help minimize the

associated risk.

The safety zone will be in effect on

July 13th, from 9:30 p.m. (CST) until

10:30 p.m. (CST). The safety zone will

encompass all waters bounded by the

arc of a circle with a 800-foot radius

with its center in approximate position

44°27′30′′ N, 087°29′45′′ W, offshore of

Kewaunee Festival Grounds, Kewaunee

Harbor, Lake Michigan, Wisconsin. The

size of this zone was determined using

the National Fire Prevention

Association guidelines and local

knowledge concerning wind, waves,

and currents.

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

Milwaukee or his designated on scene

representative. The Captain of the Port

or his designated on scene

representative may be contacted via

VHF Channel 16.