Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34831

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

flashing light, or other means, the

operator shall proceed as directed.

(3) The Captain of the Port may be

contacted via U.S. Coast Guard Group

Milwaukee on Channel 16, VHF–FM.

Dated: June 8, 2001.

M.R. DeVries,

Commander, U.S. Coast Guard, Captain of

the Port Milwaukee.

[FR Doc. 01–16489 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD1–01–099]

RIN 2115–AA97

Safety Zone; Swampscott July 2nd

Fireworks, Swampscott, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Swampscott July 2nd Fireworks,

July 2, 2001 in Swampscott, MA. The

safety zone will temporarily close all

waters of Nahant Bay within a four

hundred (400) yard radius of the

fireworks barge. The safety zone

prohibits entry into or movement within

this portion of Nahant Bay and is

needed to protect the maritime public

from the hazards posed by a fireworks

display.

DATES: This rule is effective from 8:30

p.m. July 2, 2001 until 10 p.m. on July

2, 2001.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at Marine Safety

Office Boston, 455 Commercial Street,

Boston, MA between the hours of 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (junior grade) David Sherry,

Marine Safety Office Boston, Waterways

Management Division, at 617–223–3000.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing a NPRM

and for making this regulation effective

in less than 30 days after Federal

Register publication. Conclusive

information about this event was not

provided to the Coast Guard until June

13, 2001, making it impossible to draft

or publish a NPRM or a final rule 30

days in advance of its effective date.

Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to prevent traffic from transiting

a portion of Nahant Bay, Swampscott,

Massachusetts, and provide for the

safety of life on navigable waters.

Additionally, this temporary safety zone

is only for an 1 hour 30 minute long

local event and should have negligible

impact on vessel transits due to the fact

that vessels can safely transit around the

zone and that they are not precluded

from using any portion of the waterway

except the safety zone area itself.

Background and Purpose

This regulation establishes a safety

zone on the waters of Nahant Bay

within a four hundred (400) yard radius

around the fireworks barge located at

42°29.81′ N, 070°54.95′. The safety zone

is in effect from 8:30 p.m. July 2, 2001

to 10 p.m. July 2, 2001. This safety zone

prohibits entry into or movement within

this portion of Nahant Bay and is

needed to protect the maritime public

from the dangers posed by this event.

Marine traffic may transit safely outside

of the safety zone during the event. The

Captain of the Port does not anticipate

any negative impact on vessel traffic

due to this event. Public notifications

will be made prior to the effective

period via local notice to mariners and

marine information broadcasts.

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).

The Coast Guard expects the

economic impact of this 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

Nahant Bay during this event, the effect

of this regulation will not be significant

for several reasons: The minimal time

that vessels will be restricted from the

area, that vessels may safely transit

outside of the safety zone, and advance

notifications which will be made to the

local maritime community by marine

information broadcasts.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

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

a portion of Nahant Bay from 8:30 p.m.

July 2, 2001 until 10 p.m. July 2, 2001.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: Vessel traffic can

safely pass outside of the safety zone

during the event, the event is limited in

duration, and the Coast Guard will issue

maritime advisories before the effective

period widely available to users of

Nahant Bay by marine information

broadcasts.

Collection of Information

This rule would call for no new

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

The Coast Guard analyzed this rule

under EXECUTIVE ORDER 13132 and

has 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 costs. This rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would not effect a taking of

private property or otherwise have

taking implications under Executive

34832 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

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

The Coast Guard 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 pose 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. 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.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(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 where indicated under

ADDRESSES.

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.

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 proposes to

amend 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.

2. Add temporary § 165.T01–099 to

read as follows:

§ 165.T01–099 Safety Zone: Swampscott

July 2nd Fireworks, Swampscott,

Massachusetts

(a) Location. The following area is a

safety zone: All waters of the Nahant

Bay within a four hundred (400) yard

radius of the fireworks barge at position

42°29.81′ N, 070°54.95′ W.

(b) Effective date. This section is

effective from 8:30 p.m. July 2, 2001

until 10 p.m. on July 2, 2001.

(c) Regulations.

(1) In accordance with the general

regulations in § 165.23 of this part, entry

into or movement within this zone is

prohibited unless authorized by the

Captain of the Port Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: 19 June, 2001.

B.M. Salerno,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 01–16488 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–033]

RIN 2115–AA97

Safety Zone: Northcoast Rockin’ &

Roarin’ Offshore Grand Prix, Lake Erie

and Cleveland Harbor, Cleveland, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary Safety Zone

during the Northcoast Rockin’ & Roarin’

Offshore Grand Prix, Lake Erie and

Cleveland Harbor, Cleveland, OH,

between 12:30 p.m. and 4:30 p.m. on

Saturday, August 11 and Sunday,

August 12, 2001. The event will involve

approximately 90 race boats traveling at

speeds up to 125 m.p.h. These Safety

Zone regulations are necessary to ensure

the safe navigation of vessels and the

safety of life and property. This safety

zone is intended to restrict vessel traffic

from a portion of the Cleveland Harbor

and Lake Erie.

DATES: This rule is effective from 12:30

p.m. until 4:30 p.m. daily on Saturday,

August 11 and on Sunday, August 12,

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 CDG09–01–033 and are available

for copying at U.S. Coast Guard Marine

Safety Office Cleveland, 1055 East Ninth

Street, Cleveland, Ohio, 44114 between

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant John Natale, Chief Port

Operations Department, U.S. Coast

Guard Marine Safety Office, 1055 East

Ninth Street, Cleveland, Ohio 44114;

(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. The Coast

Guard had insufficient time to comply

with the time requirements for

publishing an NPRM. Publication of a

notice of proposed rulemaking would be

contrary to the public interest because

immediate action is necessary to

prevent possible loss of life, injury, or

damage to property due to spectator

vessel coming into close proximity with

racing boats traveling at excessive

speeds.

Background and Purpose

During this event, approximately 90

boats ranging from 24′ to 40′ will

participate in a series of races. The race

course will be a 9.9 mile loop including

the waters of Lake Erie and Cleveland

Harbor. The race course will consist of

a loop beginning at a point just east of

the eastern end of the Cleveland Harbor

breakwall, proceed in a northwesterly