65838 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Rules and Regulations

Dated: December 17, 2001.

Todd A. Stevenson,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 01–31400 Filed 12–20–01; 8:45 am]

BILLING CODE 6355–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA–01–139]

RIN 2115–AA97

Security Zones; Tampa Bay, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary fixed security

zones in all waters extending 100 feet

around all bridge supports and rocky

outcroppings at the base of the supports

for the Sunshine Skyway Bridge in

Tampa Bay. These security zones are

needed for national security reasons to

protect the bridge and passing marine

traffic from potential subversive acts.

Entry into these zones is prohibited,

unless specifically authorized by the

Captain of the Port, Tampa, Florida or

his designated representative.

DATES: This regulation is effective at 6

p.m. EST on December 7, 2001 and will

remain in effect until 6 p.m. EDT on

June 15, 2002.

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 number COTP Tampa 01–139

and are available for inspection or

copying at Marine Safety Office Tampa,

155 Columbia Drive, Tampa, Florida

33606–3598 between 8 a.m. and 3 p.m.

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: LT

David G. McClellan, Coast Guard

Marine Safety Office Tampa, at (813)

228–2189 extension 102.

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 a NPRM. Publishing

a NPRM and delaying the rule’s

effective date would be contrary to the

public interest since immediate action is

needed to protect the public, ports and

waterways of the United States. As

appropriate the Coast Guard will issue

a broadcast notice to mariners and place

Coast Guard or other law enforcement

vessels in the vicinity of these zones to

advise mariners of the restriction.

For the same reasons, 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.

Background and Purpose

Based on the September 11, 2001,

terrorist attacks on the World Trade

Center buildings in New York and the

Pentagon in Arlington, Virginia, there is

an increased risk that subversive

activity could be launched by vessels or

persons in close proximity to the

Sunshine Skyway Bridge in Tampa Bay,

located at approximate position 27°

37′12′′ N Latitude, 82° 39′20′′ W

Longitude. These security zones will

encompass all waters extending 100 feet

around all bridge supports and rocky

outcroppings at the base of the supports

for the Sunshine Skyway Bridge in

Tampa Bay. Entry into these security

zones is prohibited, unless specifically

authorized by the Captain of the Port,

Tampa, Florida or his designated

representative.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, 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)

because this will only affect a small

group of recreational fisherman that

occasionally fish next to the bridge

supports and they may be allowed to

enter these zones with the permission of

the Captain of the Port.

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 effect upon

a substantial number of small entities.

‘‘Small entities’’ include 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

because small entities may be allowed

to enter these zones on a case by case

basis with the authorization of the

Captain of the Port.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process. If

the rule will affect your small business,

organization, or government jurisdiction

and you have questions concerning its

provisions or options for compliance,

please contact the person listed under

FOR FURTHER INFORMATION CONTACT for

assistance in understanding this rule.

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 requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

A rule has implication for federalism

under Executive Order 13132,

Federalism, if it has a substantial direct

effect on State or local governments and

would either preempt State law or

impose a substantial direct cost of

compliance on them. We have analyzed

this rule under that Order and have

determined that it does not have

implications for federalism.

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 will not result in such

expenditure, we do discuss the effects of

this rule elsewhere in this preamble.

Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Rules and Regulations 65839

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.

Environmental

The Coast Guard considered the

environmental impact of this rule and

concluded under Figure 2–1, paragraph

34(g) of Commandant Instruction

M16475.1D, 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.

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 create 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,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationships 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 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), Reports and recordkeeping

requirements, Security measures,

Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165, as follows:

PART 165—[AMENDED]

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 1.46.

2. A new temporary § 165.T07–139 is

added to read as follows:

§ 165.T07–139 Security Zone; Tampa Bay,

Florida.

(a) Regulated area. The Coast Guard is

establishing temporary fixed security

zones in all waters extending 100 feet

around all bridge supports and rocky

outcroppings at the base of the supports

for the Sunshine Skyway Bridge in

Tampa Bay, located at approximate

position 27° 37′12′′ N Latitude,

82°39′20′′ W Longitude.

(b) Regulations. In accordance with

the general regulations in § 165.33 of

this part, entry into these zones is

prohibited except as authorized by the

Captain of the Port, or his designated

representative. The Captain of the Port

will notify the public via Marine Safety

Radio Broadcast on VHF Marine Band

Radio, Channel 13 and 16 (157.1 MHz).

(c) Dates. This section becomes

effective at 6 p.m. (EST) on December 7,

2001 and will remain in effect until 6

p.m. (EDT) on June 15, 2002.

(d) Authority. The authority for this

section is 33 U.S.C. 1226; 49 CFR 1.46.

Dated: December 4, 2001.

A. L. Thompson, Jr.,

Captain, U. S. Coast Guard, Captain of the

Port.

[FR Doc. 01–31524 Filed 12–20–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301184; FRL–6806–7]

RIN 2070–AB78

Fluthiacet-methyl; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

tolerances for residues of fluthiacetmethyl in or on field corn grain, field

corn forage, field corn stover, pop corn

grain, pop corn stover, sweet corn,

kernels plus cob husk removed

(K+CWHR), sweet corn forage, and

sweet corn stover. K-I Chemical, U.S.A.

Inc., 11 Martine Avenue, 9th Floor,

White Plains, New York 10606

requested these tolerances under the

Federal Food, Drug, and Cosmetic Act

(FFDCA), as amended by the Food

Quality Protection Act (FQPA) of 1996.

DATES: This regulation is effective

December 21, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301184,

must be received by EPA on or before

February 19, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VI. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301184 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave.,

NW.,Washington, DC 20460; telephone

number: (703) 305–6224; and e-mail

address: miller.joanne@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS

Codes

Examples of Potentially Affected

Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply