Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66751

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 amends 33

CFR parts 110 and 165 as follows:

PART 110—ANCHORAGE

REGULATIONS

1. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, and 2071; 49 CFR 1.46 and

33 CFR 1.05–1(g).

§ 110.205 [Amended]

2. In § 110.205, suspend paragraphs

(a)(1) and (a)(5) from 3 p.m. (local)

December 17, 2001, until 11 a.m. (local)

March 1, 2002.

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS

AREAS.

3. 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.

4. A new temporary § 165.T09–112 is

added to read as follows:

§ 165.T09–112 Security zone; Lake

Michigan, Navy Pier, Chicago Harbor,

Chicago, IL

(a) Location. The following is a

security zone: All waters of Lake

Michigan encompassed by a line drawn

from the northeast corner of the Central

District Filtration Plant (41°53′46′′ N,

87°36′09′′ W); then east to the breakwall

at 41°53′46′′ N, 87°35′30′′ W; then south

to 41°53′20′′ N, 87°35′30′′ W; west to

41°53′20′′ N, 87°36′20′′ W; then

following the shoreline back to the point

of origin (NAD 83).

(b) Effective dates. This section is

effective from 3 p.m. December 17, 2001

through 11 a.m. (local), March 1, 2002.

(c) Regulations.

(1) This section is issued under § 7 of

the Ports and Waterways Safety Act (33

U.S.C. 1226).

(2) In accordance with the general

regulations in § 165.33 of this part, entry

into or movement within this zone is

prohibited unless authorized by the

Coast Guard Captain of the Port

Chicago.

(3) The Captain of the Port Chicago

will generally permit those passenger

vessels that normally operate from the

Navy Pier to regularly transit the area.

However, should the Captain of the Port

Chicago determine it is appropriate, he

will require even those vessels which

normally operate from the Navy Pier to

request permission before leaving or

entering the security zone. The Captain

of the Port Chicago will notify these

vessels via Broadcast Notice to Mariners

if they must notify the Coast Guard

before transiting the security zone. The

Captain of the Port Chicago may be

contacted via VHF Channel 16.

(4) All persons and vessels shall

comply with the instruction of the

Captain of the Port Chicago or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene patrol

personnel include commissioned,

warrant, and petty officers of the U.S.

Coast Guard on board Coast Guard,

Coast Guard Auxiliary, local, state, and

federal law enforcement vessels.

Emergency response vessels are

authorized to move within the zone but

must abide by the restrictions imposed

by the Captain of the Port.

Dated: December 17, 2001.

James D. Hull,

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

Ninth Coast Guard District.

[FR Doc. 01–31844 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–042]

RIN 2115–AE47

Drawbridge Operation Regulation;

Mississippi River, Iowa and Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Commander, Eighth

Coast Guard District is temporarily

changing the regulation governing the

Rock Island Railroad and Highway

Drawbridge, Mile 482.9, Upper

Mississippi River. The drawbridge will

be allowed to remain closed to

navigation from 8 a.m., December 19,

2001, until 8 a.m., March 11, 2002. This

change is necessary to perform annual

maintenance and repair work on the

bridge.

DATES: This temporary rule is effective

from 8 a.m. Central Standard Time

(CST) on December 19, 2001, to 8 a.m.

Central Standard Time (CST) on March

11, 2002.

ADDRESSES: Material received from the

public, as well as documents indicated

in this preamble as being available in

the docket, are part of docket CGD08–

01–042 and are available for inspection

or copying at room 2.107f in the Robert

A. Young Federal Building at the Eighth

Coast Guard District, Bridge Branch,

1222 Spruce Street, St. Louis, MO

63103–2832, between 7 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger K. Wiebusch, Bridge

Administrator, Eighth Coast Guard

District, Bridge Branch at (314) 539–

3900, extension 378.

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. This rule

is being promulgated without an NPRM

due to the short time frame allowed

between the submission of the request

by the Department of the Army, Rock

Island Arsenal and the date of requested

closure. The Coast Guard received the

request from the Department of the

Army, Rock Island Arsenal, on 25

October 2001. Winter conditions on the

Upper Mississippi River coupled with

the closure of the Army Corps of

Engineers’ Lock No. 24 (Mile 273.4

UMR) until March 2, 2002 and Lock No.

12 (Mile 556.7) until March 11, 2002,

will preclude any significant navigation

demands for the drawspan opening .

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. This temporary drawbridge

operation amendment has been

coordinated with the commercial

waterway operators. No objections were

raised.

Background and Purpose

On October 25, 2001, the Department

of the Army, Rock Island Arsenal

requested a temporary change to the

operation of the Rock Island Railroad

and Highway Drawbridge across the

Upper Mississippi River, Mile 482.9 at

Rock Island, Illinois. The Department of

the Army, Rock Island Arsenal

requested that the drawbridge be

temporarily closed to navigation in

order to perform necessary maintenance

and bridge repair during the winter

months.

The Rock Island Railroad and

Highway Drawbridge has a vertical

clearance of 23.8 feet above normal pool

in the closed-to-navigation position.

Navigation on the waterway consists

primarily of commercial tows and

recreational watercraft. Presently, the

66752 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

draw opens on signal for passage of

river traffic. The Department of the

Army, Rock Island Arsenal requested

the drawbridge be permitted to remain

closed-to-navigation from 8 a.m.,

December 19, 2001, until 8 a.m., March

11, 2002. Winter conditions on the

Upper Mississippi River coupled with

the closure of the Army Corps of

Engineers’ Lock No. 24 (Mile 273.4

UMR) until March 2, 2002 and Lock No.

12 (Mile 556.7) until March 11, 2002,

will preclude any significant navigation

demands for the drawspan opening. The

Rock Island Railroad and Highway

Drawbridge, Mile 482.9 Upper

Mississippi River, is located upstream

from Lock 24. Performing maintenance

on the bridge during the winter months

when no vessels are impacted is

preferred to bridge closures or advance

notification requirements during the

commercial navigation season. This

temporary drawbridge operation

amendment has been coordinated with

the commercial waterway operators. No

objections were raised.

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).

The Coast Guard expects the

economic impact of the temporary 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 is because

river traffic will be extremely limited by

lock closures and ice during this period.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have 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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities

in understanding the rule so that they

can better evaluate its effects on them

and participate in the rulemaking

process. Any individual that qualifies

or, believes he or she qualifies as a small

entity and requires assistance with the

provisions of this rule, may contact Mr.

Roger K. Wiebusch, Bridge

Administrator, Eighth Coast Guard

District, Bridge Branch, at (314) 539–

3900, extension 378.

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 contains no new collectionof-information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

A rule has implications 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 this rule 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 or

$100,000,000 or more in any one year.

Though this rule will not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

Taking of Private Property

This rule will 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

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,

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.

Environment

We have considered the

environmental impact of this rule and

concluded that under figure 2–1,

paragraph (32)(e), of Commandant

Instruction M16475.1 (series), this rule

is categorically excluded from further

environmental documentation.

Promulgation of changes to drawbridge

regulations has been found not to have

significant effects on the human

environment. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66753

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46;

33 CFR 1.05–1(g).

2. From 8 a.m., December 19, 2001,

through 8 a.m., March 11, 2002, § 117.

T392 is added to read as follows:

§ 117.T392 Upper Mississippi River.

Rock Island Railroad and Highway

Drawbridge Mile 482.9 Upper

Mississippi River.

From 8 a.m. (CST), December 19, 2001

through 8 a.m. (CST), March 11, 2002,

the drawspan is allowed to be

maintained in the closed to navigation

position and need not open for vessel

traffic.

Dated: December 7, 2001.

Roy J. Casto,

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

Eighth Coast Guard District.

[FR Doc. 01–31841 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05–01–080]

RIN 2115–AE84

Regulated Navigation Area;

Chesapeake Bay Entrance and

Hampton Roads, VA and Adjacent

Waters

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Commander, Fifth Coast

Guard District is temporarily expanding

the geographic definition of the

Hampton Roads Regulated Navigation

Area to include the waters of the 12

nautical mile territorial sea off the Coast

of Virginia and adding new port security

measures, in order to improve the safety

and security of vessel traffic at the

entrance to Chesapeake Bay and

Hampton Roads, Virginia. The effect of

this temporary rule will be to ensure the

safety and security of the boating public,

local military commands, and

commercial shipping interests in the

area.

DATES: This temporary final rule is

effective from December 11, 2001 to

June 15, 2002.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at USCG Marine

Safety Office Hampton Roads, 200

Granby Street, Norfolk, Virginia, 23510

between 9:30 a.m. and 2 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Monica Acosta,

project officer, USCG Marine Safety

Office Hampton Roads, telephone

number (757) 441–3453.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation and the rule takes effect

immediately. Under 5 U.S.C. 553(b)(B),

the Coast Guard finds that good cause

exists for not publishing an NPRM.

Immediate action is necessary to ensure

the safety and security of the public,

naval vessels moored at Naval Station

Norfolk, and the commercial shipping

industry in Hampton Roads, VA. There

have been recent reports, all a matter of

public record, that indicate a continuing

high risk of terrorist activity in the

United States. Based on these reports,

the Fifth Coast Guard District

Commander has determined a

heightened security condition in the

Port of Hampton Roads is required.

Delay in implementing these changes,

therefore, would be contrary to the

public interest.

For similar reasons, under 5 U.S.C.

553(d)(3), the Coast Guard finds that

good cause exists for making this

temporary rule effective less than 30

days after publication in the Federal

Register.

Background and Purpose

This temporary rule is necessary for

the District Commander to reduce the

potential threat to the Port of Hampton

Roads, VA and surrounding waterways.

The Coast Guard, as lead federal agency

for maritime homeland security, must

have the means to be aware of, deter,

detect, intercept, and respond to

asymmetric threats, acts of aggression,

and attacks by terrorists on the

American homeland while at the same

time maintaining our freedoms and

sustaining the flow of commerce. The

Coast Guard implements Limited Access

Areas, listed in 33 CFR part 165, in

order to control vessel movements

within Captain of the Port Zones. A

Regulated Navigation Area is a type of

Limited Access Area that may be used

to control vessel traffic by specifying

times of vessel entry, movement, or

departure to, from, within, or through

ports, harbors or other waters. The

temporary rule the District Commander

has established by this rulemaking

allows for differentiation between

lawful and unlawful maritime activities

without unreasonably disrupting the

free flow of commerce.

The District Commander has created a

series of validation procedures to

identify legitimate users of the Port of

Hampton Roads. Validation procedures

for vessels in excess of 300 GT,

including tug and barge combinations in

excess of 300 gross tons combined,

include the following:

1. Vessels must check in with the

Captain of the Port or his representative

at least 30 minutes prior to entry to

obtain permission to transit the

Regulated Navigation Area.

2. Upon authorization and approval

by the Captain of the Port or his

representative, the vessel may enter the

Regulated Navigation Area.

3. All vessels that receive permission

to enter the Regulated Navigation Area

remain subject to a Coast Guard port

security boarding.

4. Thirty (30) minutes prior to getting

underway, vessels departing or moving

within the Regulated Navigation Area

must contact the Captain of the Port or

his representative via VHF–FM channel

13 or 16, call (757) 444–5209/5210, or

call (757) 441–3298 for the Captain of

the Port Command Duty Officer.

The Captain of the Port will notify the

public of changes in the status of the

port security requirements by marine

information broadcast on VHF–FM

marine band radio, channel 22A (157.1

MHz)

Regulatory Evaluation

This temporary final 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. It has not

been reviewed by the Office of

Management and Budget 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). This

temporary final rule will affect only

those vessels in excess of 300 GT that

enter and depart the Port of Hampton

Roads and it is implemented for a

limited duration. Therefore, 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.