34834 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

under figure 2–1, paragraph 34(g) and

(h), and paragraph 35(a) of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This rule will not cause significant

impacts on the environment;

significantly change existing

environmental conditions; have more

than a minimal impact on protected

properties; or provide inconsistencies

with State, local or Federal laws. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, 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. Add temporary section 165.T09–

950 to read as follows:

§ 165.T09–950 Safety zone: Northcoast

Rockin’ & Roarin’ Offshore Grand Prix, Lake

Erie and Cleveland harbor, Cleveland, OH.

(a) Location. This safety zone includes

all waters of Lake Erie within 300-yards

of the powerboat race course which is

defined by an imaginary line connecting

the course turn markers. The race will

proceed around the following turn

markers, from race start to finish:

Beginning at 41°32′34′′ N, 081°39′02′′ W,

proceeding in a northerly direction to

41°32′37′′ N, 081°39′02′′ W; going

westerly to 41°32′37′′ N, 081°39′06′′ W;

continuing northwesterly to 41°31′24.5′′

N, 081°41′50′′ W, and then

northwesterly to 41°31′33′′ N,

081°43′38′′ W; and continuing to

041°31′33′′ N, 081°43′41′′ W; then to

041°31′31′′ N, 081°43′42′′ W; then

southerly to 41°30′27′′ N, 081°42′48′′ W;

and back to the starting point. These

coordinates are based on North

American Datum 1983 (NAD 83).

(b) Effective Dates. These regulations

are in effect between 12:30 and 4:30

p.m. on Saturday, August 11; and

during these same times on Sunday,

August 12, 2001.

(c) Regulations. (1) No vessels shall

enter the Safety Zone during the

specified times. Permission to deviate

from this rule must be obtained from the

Coast Guard Captain of the Port or his

representative at (216)–937–0111, any

time before August 11, 2001; and during

the days of the event (August 11–12) by

contacting the Captain of the Port

designated on scene representative via

VHF/FM radio Channel 16.

Dated: June 22, 2001.

R.J. Perry,

Commander, U.S. Coast Guard, Captain of

the Port, Cleveland, Ohio.

[FR Doc. 01–16486 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–009]

RIN 2115–AA97

Tall Ships Challenge 2001, Moving

Safety Zone, Muskegon Lake,

Muskegon, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary Moving Safety

Zone during the Tall Ships Challenge

2001 of tall ships in Muskegon Lake and

vicinity, Muskegon, Michigan, from 11

a.m. until 5 p.m. on Monday, August 13,

2001. This regulation is necessary to

control vessel traffic within the

immediate vicinity of the event and to

ensure the safety of life and property

during this event. This rule is intended

to restrict vessel traffic from a portion of

Muskegon Lake and Lake Michigan.

DATES: This rule is effective from 11

a.m. (local) until 5 p.m. (local) on

Monday, August 13th, 2001.

ADDRESSES: Comments and related

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–

009 and are available for inspection of

copying at U.S. Coast Guard Marine

Safety Office Chicago, 215 W. 83rd

Street suite D, Burr Ridge, IL. 60521.

Marine Safety Office between 8 a.m. and

4 p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM3

Joe C. Corpuz, U.S. Coast Guard Marine

Safety Office Chicago, 215 W. 83rd

street suite D, Chicago, IL 60521, (630)

986–2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 4th, 2001 we published a

notice of proposed rulemaking (NPRM)

entitled Tall Ships Challenge 2001,

Moving Safety Zone, Muskegon Lake,

Muskegon, MI in the Federal Register

(66 FR 17832). We received no letters

commenting on the proposed rule. No

public hearing was requested, and none

was held.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. Any delay of this effective rule

would be contrary to the public interest

because immediate action is necessary

to protect the spectators, spectator

vessels, as well as the participating Tall

Ships from possible loss of life, injury,

or damage to property. Due to their

design, the Tall Ships have restricted

maneuverability and, in addition, will

be transiting an area where

maneuverability is restricted by water

depths. A moving safety zone around

the vessels will help ensure their safety

as well as the safety of spectator vessels

watching the vessels.

Background and Purpose

The Port of Muskegon American Sail

Training Association Tall Ships

Challenge 2001 will take place in

Muskegon, Michigan, from August 9,

2001, through August 13, 2001. During

the Tall Ships Challenge 2001, a large

number of tall ships will visit Muskegon

Lake, with waterside events, in-port

tours, and waterside moored vessel

viewing. On Monday, August 13, 2001,

from 11 a.m. to 5 p.m., the tall ships

will take part in a ceremonial departure

parade of tall ships, which is expected

to attract a large number of spectator

vessels. The Coast Guard is establishing

a Moving Safety Zone surrounding the

participating tall ships to ensure the

safety of participating and spectator

vessels and personnel.

The Moving Safety Zone will include

the areas around and between all the

vessels participating in the Tall Ships

Challenge 2001 parade of tall ships

during their transit in Muskegon Lake

and vicinity on Monday, August 13,

2001. The Moving Safety Zone will

include the area extending a distance of

100 yards ahead of the lead vessel in the

parade, 100 yards abeam each vessel in

the parade, and 100 yards astern of the

last vessel in the parade. The Moving

Safety Zone will ensure that spectator

craft do not impede the path of any of

the parade vessels.

Regulatory Evaluation

This proposed rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866 on

Regulatory Planning and Review and

therefore does not require an assessment

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34835

of potential costs and benefits under

section 6(a)(3) of that order. The Office

of Management and Budget has not

reviewed this rule under that order. It is

non-significant under Department of

Transportation regulatory policies and

procedures (DOT) (44 FR 11040,

February 26, 1979).

We expect 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. The

moving safety zone will be in effect for

a limited time, and extensive advance

notice will be made to the maritime

community via Local Notice to Mariners

and marine safety information

broadcasts. This temporary regulation is

tailored to impose minimal impact on

maritime interests without

compromising safety. Compensating for

economic impacts are the favorable

economic impacts that these events will

have on commercial activity in the area

as a whole from the boaters and tourists

these events are expected to attract.

Small Entities

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 601–612), we

have determined that this rule will not

have a significant 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 would not

have a significant economic impact on

a substantial number of small entities.

The rule will affect the following

entities, some of which might be small

entities: the owners of businesses along

Muskegon Lake and vicinity. The rule

will not have a significant economic

impact on a substantial number of small

entities for the following reasons: the

rule will be in effect for a short time,

and we will issue extensive advance

notice of the event to the maritime

community via the methods discussed

above.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

the Coast Guard wants to assist small

entities in understanding this rule so

that they can better evaluate its effects

and participate in the rulemaking

process.

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) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 or more in any one year.

Though this rule would not result in

such an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

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

The Coast Guard has 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 has considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1C, this rule is

categorically excluded from further

environmental documentation. A

written 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 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), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T09–013 to

read as follows:

§ 165.T09–013 Moving Safety Zone: tall

ships challenge 2001, Muskegon Lake and

Lake Michigan, Muskegon, Michigan.

(a) Location. The waters of Muskegon

Lake and Lake Michigan, Muskegon,

Michigan.

34836 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

(b) Effective date. This rule is effective

from 11 a.m. EDT until 5 p.m. EDT on

Monday, August 13th, 2001.

(c) Regulations. (1) The following area

is designated as a Moving Safety Zone

for the Tall Ships Challenge 2001

parade of tall ships: All waters in an

area extending a distance of 100 yards

ahead of the lead vessel in the parade,

100 yards abeam of each vessel in the

parade, and 100 yards astern of the last

vessel in the Tall Ships Challenge 2001

parade of tall ships. The Moving Safety

Zone for the parade will begin at 11 a.m.

on Monday, August 13th, 2001 in

Muskegon Lake at approximate position

43°14′36′′ N, 086°15′44′′ W, and will

remain in effect for the parade of tall

ships past waypoint 43°14′07′′ N,

086°19′21′′ W, then outbound through

Muskegon Lake Entrance Channel to the

final parade waypoint in Lake Michigan

at 43°13′11′′ N, 086°21′36′′ W. These

coordinates are based upon North

American Datum 1983 (NAD 83).

(2) All vessel operators shall comply

with the instructions of the Coast Guard

Captain of the Port Chicago or the

designated on-scene patrol personnel.

Coast Guard patrol personnel include

commissioned, warrant, and petty

officers. Permission to deviate from the

above rules must be obtained from the

Captain of the Port Chicago or his

representative by VHF/FM radio,

Channel 9 or by telephone at (616)

204–2877.

Dated: June 21, 2001.

James D. Hull,

Rear Admiral, U.S. Coast Guard, District

Commander, Ninth Coast Guard District.

[FR Doc. 01–16485 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–074]

RIN 2115–AA97

Safety Zone; Firstar Fireworks Display,

Milwaukee Harbor

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Firstar fireworks display on July 3,

2001. This safety zone is necessary to

control vessel traffic within the

immediate vicinity of the fireworks

launch site and to ensure the safety of

life and property during the event. This

safety zone is intended to restrict vessel

traffic from a portion of Milwaukee

Harbor.

DATES: This temporary final rule is

effective from 9:25 p.m. on July 3, 2001,

until 10 p.m. on July 3, 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 [CGD09–01–046] 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 in time to publish an

NPRM followed by a final rule before

the necessary 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 3 and 4, 2001, from 9:25 p.m. (CST)

until 10 p.m. (CST). The safety zone will

encompass all waters bounded by the

arc of a circle with a 1000 foot radius

with its center in approximate position

43°02.40 N, 087°53.50 W encompass all

waters within 1000-yards of a fireworks

barge located approximately 1000 ft

offshore of Veterans Park, Milwaukee

Harbor. 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

Detroit 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 proposed 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 this rule 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

proposed rule to be so minimal that a

full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary.

This determination is based on the

minimal time that vessels will be

restricted from the zone, and the zone

is in an area where the Coast Guard

expects insignificant adverse impact to

mariners from the zones’ activation.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

whether this proposed rule would have

a significant 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.