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.

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33843

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 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 fact

that the activated zone is located in an

area where the Coast Guard expects

insignificant adverse impact to

mariners.

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.

The Coast Guard certifies under 5

U.S.C. 605(b) that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed rule would affect the

following entities, some of which might

be small entities: the owners or

operators of commercial vessels

intending to transit a portion of the

activated safety zone.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: the zone is only

in effect for one hour of one day; vessel

traffic can safely pass outside the safety

zone during the event; and traffic may

be allowed to pass through the safety

zone under Coast Guard escort with the

permission of the Captain of the Port

Milwaukee. Before the effective period,

we will issue maritime advisories

widely available to users of the Port of

Kewaunee by the Ninth Coast Guard

District Local Notice to Mariners,

Marine information broadcasts, and

facsimile broadcasts may also be made.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we want to assist small entities in

understanding this rule so that they can

better evaluate its effects 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 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 would call 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

would not impose an unfunded

mandate.

Taking of Private Property

This rule would not affect 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

We have considered the

environmental impact of this proposed

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

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.

33844 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

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. A new temporary § 165.T09–935 is

added to read as follows:

§ 165.T09–935 Safety Zone: Kewaunee

Annual Trout Festival Fireworks Display,

Kewaunee Harbor, Lake Michigan,

Wisconsin.

(a) Location. 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 located off of

Kewaunee Festival Grounds, Kewaunee

Harbor, Lake Michigan, Wisconsin.

(b) Effective Time and Date. This

section is effective from 9:30 p.m. (local

time) until 10:30 p.m. (local time) on

July 13th, 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 Coast Guard

Captain of the Port Milwaukee, or his

designated on scene representative. The

designated on scene Patrol Commander

may be contacted via VHF Channel 16.

Dated: June 8, 2001.

M R. Devries,

Commander, U.S. Coast Guard, Captain of

the Port Milwaukee.

[FR Doc. 01–15998 Filed 6–25–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 173

[USCG 1999–6094]

RIN 2115–AF87

Raising the Threshold of Property

Damage for Reports of Accidents

Involving Recreational Vessels

AGENCY: Coast Guard, DOT.

ACTION: Final rule; partial suspension of

rule with request for comments.

SUMMARY: On May 1, 2001, the Coast

Guard published a final rule raising the

threshold of damage to property for

reports of accidents involving

recreational vessels when damage to

vessels and other property totals $2,000

or more in any one accident. The rule

also included a second provision

requiring reports of collisions involving

two or more vessels resulting

exclusively in damage to property,

regardless of the amount of such

damage. After issuance of the rule, a

State Boating Law Administrator

expressed concern about the second

provision. Because of this concern, we

are suspending that provision and are

inviting comments on the provision.

DATES: Effective date: July 2, 2001.

Comments must reach the Facility

specified in ADDRESSES on or before

September 24, 2001.

ADDRESSES: Identify your comments and

related material by the docket number

for this rulemaking [USCG–1999–6094].

To make sure they do not enter the

docket more than once, please submit

them by only one of the following

means:

(1) By mail to the Docket Management

Facility, U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC

20590–0001.

(2) By hand-delivery to room PL–401

on the Plaza level of the Nassif Building,

400 Seventh Street SW., Washington,

DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Internet

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, at the address listed

above between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. You may also find this docket

on the Internet at http://dms.dot.gov.

You may obtain a copy of this partial

suspension of final rule by calling the

U.S. Coast Guard Infoline at 1–800–368–

5647, or read it on the Internet, at the

Web Site for the Office of Boating

Safety, at http://www.uscgboating.org or

at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, contact

Bruce Schmidt, Project Manager, Office

of Boating Safety, U.S. Coast Guard, by

telephone at 202–267–0955 or by e-mail

at bschmidt@comdt.uscg.mil. For

questions on viewing or submitting

material to the docket, call Dorothy

Beard, Chief, Dockets, Department of

Transportation, telephone 202–366–

5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

The regulatory history for this

rulemaking appears in the preamble of

the final rule entitled ‘‘Raising the

Threshold of Property Damage for

Reports of Accidents Involving

Recreational Vessels’’ [66 FR 21671

(May 1, 2001)].

Reason for Partial Suspension of

Effective Date

After issuance of the final rule, a State

Boating Law Administrator expressed

concern about a provision in the rule

requiring reports of all collisions

involving two or more vessels resulting

exclusively in damage to property,

regardless of the amount of such

damage.

Currently, few States have statutory

authority to require reports of multivessel accidents that result neither in

personal injury nor in any damage to

property. Further, States’ legislative

calendars preclude compliance by the

published effective date, July 2, 2001.

We note that States’ legislation would

be unnecessary if the provision for

reporting collisions of two or more

vessels included a threshold of $500,

since all States do now maintain such

a threshold. In response to the concern

raised about the impacts on States’

legislation, the Coast Guard has decided

to suspend the provision in 33 CFR

173.55(a)(3), requiring a report

whenever ‘‘* * * a collision occurs

involving two or more vessels,

regardless of the amount of damage to

property; * * *’’, and to provide a 90-

day comment period on the provision.

To facilitate the editorial handling of

this suspension, Coast Guard is

designating this provision as paragraph

(a)(3)(ii) of § 173.55. The first provision

raising the threshold of damage to $2000

is designated as paragraph (a)(3)(i) and

remains effective July 2, 2001.

Request for Comments

We encourage you to participate in

this rulemaking by submitting to the

Facility specified in ADDRESSES

comments and related material limited

to the requirements of the provision in

newly designated 33 CFR