34838 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

Dated: June 6, 2001.

M.R. Devries,

Commander, U.S. Coast Guard, Captain of

the Port, Milwaukee.

[FR Doc. 01–16483 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–065]

RIN 2115–AA97

Safety Zone; 4th of July Celebration,

Weymouth, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the 4th of July Celebration Fireworks,

July 3, 2001 in Weymouth, MA. The

safety zone will temporarily close all

waters of the Weymouth Fore River

within a four hundred (400) yard radius

of the fireworks barge. The safety zone

prohibits entry into or movement within

this portion of the Weymouth Fore River

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 3, 2001 until 11:15 p.m. on

July 3, 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

14, 2001, making it impracticable 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

contrary to public interest since

immediate action is needed to prevent

traffic from transiting a portion of the

Weymouth Fore River, Weymouth,

Massachusetts, and provide for the

safety of life on navigable waters.

Additionally, this temporary safety zone

is only for a 2 hour 45 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 the Weymouth

Fore River four hundred (400) yards

around the fireworks barge located at

42°15′12′′ N, 070°56′45′′ W. The safety

zone is in effect from 8:30 p.m. July 3,

2001 to 11:15 p.m. July 3, 2001. This

safety zone prohibits entry into or

movement within this portion of the

Weymouth Fore River 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 the

Weymouth Fore River 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 the Weymouth Fore River

from 8:30 p.m. July 3, 2001 until 11:15

p.m. July 3, 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 the Harbor 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

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34839

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.T01–065 to

read as follows:

§ 165.T01–065 Safety zone: 4th of July

celebration, Weymouth, Massachusetts.

(a) Location. The following area is a

safety zone: All waters of the Weymouth

Fore River within a four hundred (400)

yard radius of the fireworks barge at

position 42°15′12′′ N, 070°56′45′′ W.

(b) Effective date. This section is

effective from 8:30 p.m. July 3, 2001

until 11:15 p.m. on July 3, 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: June 19, 2001.

B.M. Salerno,

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

Port, Boston, Massachusetts.

[FR Doc. 01–16482 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–090]

RIN 2115–AA97

Safety Zone: Fireworks Display, Lewis

Bay, Hyannis, MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone within a five

hundred (500) yard radius of the

fireworks barge located in Lewis Bay,

Hyannis, Massachusetts, on July 2,

2001. The safety zone is needed to

safeguard the public from possible

hazards associated with a fireworks

display. Entry into this zone will be

prohibited unless authorized by the

Captain of the Port, Providence, Rhode

Island.

EFFECTIVE DATE: This rule is effective

from 8 p.m. on July 2 until 10 p.m. on

July 3, 2001.

ADDRESSES: Documents relating to this

temporary final rule are available for

inspection and copying at U.S. Coast

Guard Marine Safety Office Providence,

20 Risho Avenue, E. Providence, RI.

Normal office hours are between 8 a.m.

and 4 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Casey L. Chmielewski at Marine Safety

Office Providence, (401) 435–2335.

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 good cause exists for

not publishing a NPRM. The sponsor of

the event did not provide the Coast

Guard with the final details for the

event in sufficient time to publish a

NPRM. The delay encountered if normal

rulemaking procedures were followed

would effectively cancel the event.

Cancellation of this event is contrary to

the public interest since the fireworks

display is for the benefit of the public.

Background and Purpose

The Town of Barnstable is hosting a

fireworks display in celebration of the

4th of July. This regulation establishes

a safety zone in all waters within a five

hundred (500) yard radius of the

fireworks barge located approximately

1000 yards to the northeast of Dunbar

Point, Hyannis, Massachusetts,

approximate position 41°38.2′ N,

070°15.8′ W, on July 2, 2001 from 8 p.m.

until 10 p.m., with an inclement

weather date of July 3, 2001 from 8 p.m.

until 10 p.m.. This safety zone is needed

to protect the maritime community from

possible hazards associated with a

fireworks display. No vessel may enter

the safety zone without permission of

the Captain of the Port (COTP),

Providence, Rhode Island.

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