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.

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34837

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 an

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 proposed

zone is only in effect for few hours on

the day of the event. Vessel traffic can

safely pass outside the proposed safety

zone during the event. 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

Milwaukee 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 (Public Law 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 proposed 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 proposed 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 proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed 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.

Civil Justice Reform

This proposed 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

proposed 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 32(g) of Commandant

Instruction M16475.1C, this proposed

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.

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.T09–917 is

added to read as follows:

§ 165.T09–917 Safety zone: Firstar

fireworks display, Milwaukee, Harbor.

(a) Location. 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-feet of a

fireworks barge located approximately

1000 feet offshore of Veterans Park,

Milwaukee Harbor.

(b) Effective time and date. This

section is effective from 9:25 p.m. (local

time) until 10 p.m. (local time) on July

3rd, 2001. In the event the fireworks

display is cancelled due to inclement

weather, this section is effective during

these same times on July 4th, 2001. The

Coast Guard Captain of the Port

Milwaukee and the designated Patrol

Commander have the authority to

terminate this event at any time. The

designated on scene Patrol Commander

may be contacted via VHF Channel 16.

(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.

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.