Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34819

records for export fee payments made by

or on behalf of the requesting exporter

during the quarters identified in the

letter of request. Customs will then mail

to the exporter or its agent a ‘‘Harbor

Maintenance Fee Refund Report and

Certification’’ (Report/Certification)

containing the results of the search and

a statement of the amount of refunds

owed to the exporter, if any. If the

exporter agrees with the information in

the Report/Certification, the exporter

must sign the Report/Certification and

submit it to Customs with a letter

containing an address for mailing the

refund. The Report/Certification must

be signed by an officer of the company

duly authorized to bind the company, or

an agent (such as a broker or freight

forwarder) authorized to sign the

document under a properly executed

power of attorney or a letter signed by

an authorized officer of the company.

Upon receipt of the signed Report/

Certification, Customs will issue the

refund. If the exporter disagrees with

the information in the Report/

Certification, the exporter must submit

a letter explaining its claim along with

proof of payment, either a copy of a

Harbor Maintenance Fee Quarterly

Summary Report, Customs Form 349,

for the quarter(s) covering the refund

requested or, if applicable, a copy of an

Export Vessel Movement Summary

Sheet or, where an Automated Summary

Monthly Shipper’s Export Declaration

was filed, a letter containing the

exporter’s identification, its employer

identification number (EIN), the Census

Bureau reporting symbol, and the

quarter for which the payment was

made. Upon receiving the letter and

documentation, Customs will conduct a

second review and will either confirm

the exporter’s claim and mail a revised

Report/Certification to the exporter or

its agent, or notify the exporter or its

agent that confirmation cannot be made.

In the latter instance, the Report/

Certification will not be revised. Upon

receipt of a properly signed Report/

Certification (initial or revised),

Customs will issue the refund. The

signed Report/Certification received by

Customs constitutes the exporter’s

agreement that Customs payment of the

refund amount determined to be owed

in the Report/Certification is in full

accord and satisfaction of all export fee

refund claims. The signed Report/

Certification also represents the

exporter’s release, waiver, and

abandonment of all claims against the

Government, its officers, agents, and

assigns for costs, attorney fees,

expenses, compensatory damages, and

exemplary damages. Upon receipt of the

signed Report/Certification, Customs

releases, waives, and abandons all

claims other than fraud against the

exporter, its officers, agents, or

employees arising out of all export fee

payments.

* * * * *

Charles W. Winwood,

Acting Commissioner of Customs.

Approved: May 18, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary of the

Treasury.

[FR Doc. 01–16479 Filed 6–29–01; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05–01–031]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Maryland Swim for Life,

Chester River, Chestertown, Maryland

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

temporary special local regulations for

the Maryland Swim for Life, a marine

event to be held on the waters of the

Chester River, Chestertown, Maryland.

These special local regulations are

necessary to provide for the safety of life

on navigable waters during the event.

This action is intended to restrict vessel

traffic in a portion of the Chester River

during the event.

DATES: This rule is effective from 6 a.m.

to 2 p.m. eastern time on July 14, 2001.

ADDRESSES: You may mail comments

and related material to Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, or deliver them to the same

address between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays. Comments and materials

received from the public as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–01–031 and are available

for inspection or copying at Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, between 9 a.m. and 2 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: S. L.

Phillips, Project Manager, Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, telephone number (757)

398–6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

A notice of proposed rulemaking

(NPRM) was not published for this

regulation. In keeping with 5 U.S.C.

553(b)(B) and 553(d)(3), the Coast Guard

finds that good cause exists for not

publishing a NPRM and for making this

rule effective less than 30 days after

publication in the Federal Register. The

need for special local regulations for

this event was determined on May 21,

2001. The Coast Guard became aware of

the need for special local regulations

with insufficient time to publish an

NPRM, allow for comments, and

publish a final rule 30 days prior to the

event on July 14, 2001.

Background and Purpose

On July 14, 2001, the Maryland Swim

for Life Association will sponsor the

Maryland Swim for Life on the waters

of the Chester River. Approximately 100

swimmers will start from Rolph’s Wharf

and swim upriver 2 miles then swim

down river returning back to Rolph’s

Wharf. A large fleet of support vessels

will be accompanying the swimmers. To

provide for the safety of participants

and support vessels, the Coast Guard

will temporarily restrict vessel traffic in

the event area during the swim.

Discussion of Regulations

The Coast Guard is establishing

temporary special local regulations on

specified waters of the Chester River,

Chestertown, Maryland. The temporary

special local regulations will be in effect

from 6 a.m. to 2 p.m. eastern time on

July 14, 2001. The effect will be to

restrict general navigation in the

regulated area during the event. Except

for persons or vessels authorized by the

Coast Guard Patrol Commander, no

person or vessel may enter or remain in

the regulated area. These regulations are

needed to control vessel traffic during

the event to enhance the safety of

participants, spectators and transiting

vessels.

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).

34820 Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations

We expect the economic impact of

this temporary final 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

Chester River during the event, the

effect of this regulation will not be

significant due to the limited duration

that the regulated area will be in effect

and the extensive advance notifications

that will be made to the maritime

community via the Local Notice to

Mariners, marine information

broadcasts, and area newspapers so

mariners can adjust their plans

accordingly.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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

the effected portions of the Chester

River during the event.

Although this regulation prevents

traffic from transiting a portion of the

Chester River during the event, the

effect of this regulation will not be

significant because of the limited

duration that the regulated area will be

in effect and the extensive advance

notifications that will be made to the

maritime community via the Local

Notice to Mariners, marine information

broadcasts, and area newspapers so

mariners can adjust their plans

accordingly.

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 temporary rule so

that they can better evaluate its effects

on them and participate in the

rulemaking. 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

the address listed under 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 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.

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

and direct effect on one or more Indian

tribes, on the relationship between the

Federal Governments 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.

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.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraph (34)(h), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

Special local regulations issued in

conjunction with a regatta or marine

parade are specifically excluded from

further analysis and documentation

under that section. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. A temporary section, § 100.35–T05–

031 is added to read as follows:

§ 100.35–T05–031 Maryland Swim for Life,

Chester River, Chestertown, Maryland

(a) Regulated Area. The waters of the

Chester River, from shoreline to

shoreline bounded on the south by a

Federal Register / Vol. 66, No. 127 / Monday, July 2, 2001 / Rules and Regulations 34821

line drawn at latitude 39°10′16′′ N and

bounded on the north by a line drawn

at latitude 39°11′35′′ N. All coordinates

reference Datum NAD 1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(c) Special Local Regulations. (1)

Except for persons or vessels authorized

by the Coast Guard Patrol Commander,

no person or vessel may enter or remain

in the regulated area.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(ii) Proceed as directed by any

commissioned, warrant, or petty officer

on board a vessel displaying a Coast

Guard ensign.

(d) Effective Date. This section is

effective from 6 a.m. to 2 p.m. eastern

time on July 14, 2001.

Dated: June 21, 2001.

J.E. Shkor,

Vice Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 01–16487 Filed 6–29–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

CGD 13–01–004

RIN 2115–AE46

Modification to Special Local

Regulation (SLR) for Seattle Seafair

Unlimited Hydroplane Race

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is updating

the Seafair Special Local Regulation

(SLR) to enhance the safe execution of

Seafair’s hydroplane and air show

event. The rule adds one week to the

time period within which the

regulations of the SLR can become

effective each year and adds restrictions

on swimming and rafting within the

regulated areas.

DATES: This rule is effective August 1,

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 CGD 13–01–004 and are

available for inspection or copying at

Commander, Thirteenth Coast Guard

District (m), Jackson Federal Building,

915 Second Avenue, Room 3506,

Seattle, WA, 98174–1067 between 8

a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Jane Wong,

either at the above address, or by phone

at (206) 220–7224.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 6, 2001 we published a

notice of proposed rulemaking (NPRM)

entitled Modification to Special Local

Regulation (SLR) for Seattle Seafair

Unlimited Hydroplane Race in the

Federal Register (66 FR 18219). We

received no letters commenting on the

proposed rule. No public hearing was

requested, and none was held.

Background and Purpose

For more than 50 years the Seafair

hydroplane races and air show on and

over Lake Washington have been a

Pacific Northwest tradition, entertaining

millions of people over that period.

However, these entertaining events

involve risks to both spectators and

participants. During the hydroplane

races and air show, the marine

congestion associated with the number

of boats, swimmers, and spectators on

shore challenges even the most

experienced seaman. There is an

inherent risk of a participating boat or

plane losing control or crashing. This

potentially violent and deadly scenario

necessitates the maintenance of a

regulated area to protect spectators

while providing unobstructed vessel

traffic lanes to ensure timely arrival of

emergency response craft.

The Seafair SLR contained in 33 CFR

100.1301 has been in effect since 1986

and allows the regulations to be

effective within a two-week time period.

We are now expanding this to a threeweek period. We are also adding

language to address the hazards

associated with swimmers and rafting of

vessels, which are not included in 33

CFR 100.1301.

Discussion of Comments and Changes

No comments were received in

connection with this rulemaking. No

changes have been made to the

proposed rule.

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 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 any economic impact as a

result of this regulation to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. This rulemaking slightly

modifies existing safety regulations, and

should not effect the economic activities

of any Seafair participant or spectator.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we 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 would not

have a significant economic impact on

a substantial number of small entities.

(1) Small entities this rule may affect

include owners and operators of vessels,

including small passenger vessels,

intending to transit or anchor in a

portion of Lake Washington during the

event.

(2) This regulation will not have a

significant economic impact on these

small entities because there will be no

substantial change from the way vessel

operations have been running in years

past. Because these regulations are

aimed at recreational vessels,

commercial vessels will not be

impacted.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

we offered to assist small entities in

understanding the rule so that they

could better evaluate its effects on them

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

LT P. M. Stocklin, Jr. at Marine Safety

Office Puget Sound, Waterways

Management Branch, (206) 217–6237.

Small businesses may send comments

on the actions of Federal employees