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

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34833

direction toward the Cleveland Water

Crib, then south through the Cleveland

Harbor main entrance and east to the

starting point. Races consist of 7 to 12

laps per race. The race boats will travel

at speeds up to 125 miles per hour.

Hazards will consist of the potential for

collision with other race vessels,

spectator boats or on-shore structures. A

perimeter of patrol boats will be placed

around the course to help ensure the

safety of spectators and race boats.

There will be a minimum of six

anchored turn boats to mark the course,

six medical boats and four or five pace

boats. There will be a 1 hour and 15

minute break between the two races on

each day if the request is made by

commercial shipping vessels to allow

commercial shipping traffic to enter and

exit the harbor. Such requests can be

made by calling Captain of the Port

Cleveland or his designated on scene

representative on VHF/FM channel 16.

The vessel congestion due to the large

number of participating and spectator

vessels poses a significant threat to the

safety of life. This safety zone is

necessary to ensure the safety of life on

the navigable waters of the United

States.

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).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The 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, facsimile, and marine safety

information broadcasts. These

temporary regulations are tailored to

impose a minimal impact on maritime

interests without compromising safety.

Compensating for any adverse 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

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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.

The rule will affect the following

entities, some of which might be small

entities: the owners or operators of

vessels intending to transit within the

area of the safety zone between 12:30

p.m. and 4:30 p.m. on Saturday, August

11 or Sunday, August 12, 2001. 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 though it would apply to the harbor

channel and entrance, commercial

traffic may be allowed to pass through

during a 1 hour and 15 minute break

between races. Before the effective

period, we will issue an extensive

advance notice of the event to the

maritime community via Local Notice to

Mariners, facsimile, marine safety

information broadcasts, and through the

local Harbor Safety Committee.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in

understanding this rule so that they can

better evaluate its effects on them and

participate in the rulemaking process. If

this rule will affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact U.S. Coast

Guard Marine Safety Office Cleveland

(see ADDRESSES).

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 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.

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 tribe, 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

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.

Environment

We considered the environmental

impact of this rule and concluded that

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