Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66747

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 915

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 4, 2001.

Richard J. Seibel,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 915 is amended

as set forth below:

PART 915—IOWA

1. The authority citation for Part 915

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 915.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 915.15 Approval of Iowa regulatory

program amendments.

* * * * *

Original amendment submission

date Date of final publication Citation/description

*******

August 17, 2001 ............................. December 27, 2001 ....................... Sections III.H, IV.E, and V.A.2(l) of Iowa’s April 1999 Revegetation

Success Standards and Statistically Valid Sampling Techniques.

3. Section 915.16 is amended by

removing and reserving paragraphs (b),

(d), and (e).

[FR Doc. 01–31683 Filed 12–26–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD09–01–153]

RIN 2115–AA97 and 2115–AA98

Safety Zone and Anchorage

Regulations; Chicago Harbor, Chicago,

Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone and

suspending a portion of an anchorage

area encompassed by the safety zone for

the City of Chicago’s New Year

Celebration. This rulemaking is

necessary for the protection and safety

of passengers and vessels during the

fireworks display. This rulemaking is

intended to restrict vessel traffic from a

portion of Lake Michigan in the area of

the Chicago Harbor, in particular, the

Monroe Street Harbor. During this

event, vessels will be unable to enter or

exit the Monroe Harbor.

DATES: This temporary final rule is

effective from 11 p.m. (local) December

31, 2001 until 12:45 a.m. (local) January

1, 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 [CGD09–01–153] and are

available for inspection or copying at:

U.S. Coast Guard Marine Safety Office

Chicago, 215 W. 83rd Street, Suite D,

Burr Ridge, Illinois 60521, between 7:30

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

except Federal Holidays.

FOR FURTHER INFORMATION CONTACT:

MST3 Mike E. Esquivel, U.S. Coast

Guard Marine Safety Office Chicago,

215 W. 83rd Street, Burr Ridge, Illinois

60521. The telephone number is (630)

986–2155.

SUPPLEMENTARY INFORMATION:

Regulatory History

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. 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. The

permit application was not received in

time to publish an NPRM followed by

a final rule before the 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 Chicago 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 in 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 this

event and help minimize the associated

risk.

The safety zone encompasses the

waters of the Chicago Harbor bounded

by the following positions: 41° 52.43 N,

087° 36.43 W, thence east to 41° 52.43

N, 087° 36.16 W, thence south to 41°

52.28 N, 087° 36.16 W, thence west to

41° 52.28 N, 087° 36.43 W, thence north

back to the point of origin. These

coordinates are based upon North

American Datum 1983 (NAD 83). This

area includes a portion of the Monroe

Street Harbor including the Grant Park

anchorage areas (33 CFR 110.83), the

entrance to the Monroe Street Harbor, as

well as a portion outside the breakwall

for the Monroe Street Harbor. Only that

portion of the anchorage area

encompasses by the safety zone will be

suspended.

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

Chicago or his designated on scene

representative. The Captain of the Port

or his designated on scene

66748 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

representative may be contacted via

VHF Channel 16.

Regulatory Evaluation

This temporary 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). The

Coast Guard expects the economic

impact of this proposal 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 et seq.) the Coast Guard

considered whether this rule will have

a significant impact on a substantial

number of small businesses and not-forprofit organizations that are not

dominant in their respective fields, and

government jurisdictions with

populations less than 50,000. For the

same reasons set fourth in the above

regulatory evaluations, the Coast Guard

certifies under section 605 (b) of the

Regulatory Flexibility Act (5 U.S.C.601

et seq.) that this temporary final rule

will not have a significant economic

impact on a substantial number of small

entities.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons. At this time of

year there the amount of vessel traffic is

at a minimum level and the safety zone

will only be in place for a very short

duration. In addition, those vessels

requiring transit of the area may request

permission from the Captain of the Port

Chicago to transit the zone.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996

(Public Law 104–121), the Coast Guard

wants to assist small entities in

understanding this rule so that they can

better evaluate its effectiveness and

participate in the rulemaking process. If

your small business or organization is

affected by this rule, and you have

questions concerning its provisions or

options for compliance, please contact

the office listed in ADDRESSES in this

preamble.

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 information

collection requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

federalism implication under that order.

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 proposed rule would 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 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

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

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under figure 2–1,

paragraph (34)(g) of Commandant

Instruction M16475.1C, it 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

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.

List of Subjects

33 CFR Part 110

Anchorage grounds.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons set out 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:

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66749

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

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

§ 110.83 [Amended]

2. In § 110.83, suspend paragraph (a)

from 11 p.m. December 31, 2001(local

time) until 12:45 a.m. (local time) on

January 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.T09–123 is

added to read as follows:

§ 165.T09–123 Safety Zone; Chicago

Harbor, Chicago, Illinois.

(a) Location. The safety zone will

encompass the waters of the Lake

Michigan in the Chicago Harbor,

including a portion of the Monroe Street

harbor and the entrance to the Monroe

Street Harbor, bounded by the following

positions: starting at 41° 52.43 N, 087°

36.43 W, thence east to 41° 52.43 N,

087° 36.16 W, thence south to 41° 52.28

N, 087° 36.16 W, thence west to 41°

52.28 N, 087° 36.43 W, thence north

back to the point of origin.

(b) Effective time and date. This

section is effective from 11 p.m. (local

time) December 31, 2001 until 12:45

a.m. (local time) on January 1, 2002.

(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

Chicago, or his designated on-scene

representative. The Captain of the Port

Chicago or his designated on-scene

representative may be contacted via

VHF Channel 16. The designated onscene representative will be the Patrol

Commander.

Dated: December 17, 2001.

James D. Hull,

Rear Admiral, U.S. Coast Guard, District

Commander, Ninth Coast Guard District.

[FR Doc. 01–31843 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD09–01–139]

RIN 2115–AA97 and 2115–AA98

Security Zone and Anchorage

Regulations; Lake Michigan, Navy Pier,

Chicago Harbor, Chicago, Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule, request for

comments.

SUMMARY: The Coast Guard is

establishing a temporary security zone

and suspending an anchorage area

encompassed by the security zone on

the navigable waters of Lake Michigan

around Chicago, Illinois. This security

zone is necessary to protect the Navy

Pier from possible sabotage or other

subversive acts, accidents, or possible

acts of terrorism. This zone is intended

to restrict vessel traffic from a portion of

Lake Michigan.

DATES: This rule is effective at 3 p.m.

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

(local) March 1, 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 CGD09–01–139 and are available

for inspection or copying at 215 W. 83rd

Street, Chicago, Illinois 60521 between

7:30 a.m. and 4 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Petty Officer Mike Hogan, U.S. Coast

Guard Marine Safety Office Chicago,

215 W. 83rd Street, Burr Ridge, Illinois

60521. The telephone number is (630)

986–2175.

SUPPLEMENTARY INFORMATION:

Regulatory History

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. Following the catastrophic

nature and extent of damage realized

from the aircraft flown into the World

Trade Center towers, this rulemaking is

urgently necessary to protect the

national security interests of the United

States against future potential terrorists

strikes against public and governmental

targets. A similar attack was conducted

against the Pentagon on the same day.

National security and intelligence

officials warn that future terrorist

attacks against civilian targets may be

anticipated. Publication of a notice of

proposed rulemaking and delay of

effective date would be contrary to the

public interest because immediate

action is necessary to protect against the

possible loss of life, injury, or damage

to property.

Background and Purpose

On September 11, 2001, both towers

of the World Trade Center, New York

City, New York, were destroyed as a

result of two commercial airliner

crashes, an act of terrorism. This

regulation establishes a security zone

over the waters of Lake Michigan

encompassed by a line drawn from the

northeast corner of the Central District

Filtration Plant, at 41° 53′46′′ N, 87°

36′09′′ W; then east to the breakwall at

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

53′20′′ N, 87° 35′30′′ N; west to 41°

53′20′′ N, 87° 36′20′′ W; and then

following the shoreline back to the point

of origin. These coordinates are based

upon North American Datum 1983

(NAD 83).

Since this security zone will

encompass an already established

anchorage area, this anchorage area will

be suspended for the duration of this

temporary security zone. The anchorage

areas are described in 33 CFR 110.205,

Chicago Harbor, Illinois. The anchorage

areas specified in paragraph (a)(1),

Anchorage A, exterior breakwaters and

(a)(5), Anchorage E, Chicago Harbor

Lock North, will be suspended.

This security zone is necessary to

protect the public, the facilities, and the

surrounding area from possible acts of

sabotage or other subversive acts. All

persons and vessels other that those

approved by the Captain of the Port

Chicago, or his authorized patrol

representative, are prohibited from

entering or moving within the zone

without the prior approval of the

Captain of the Port Chicago.

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 may be contacted via

VHF Channel 16.

In addition to publication in the

Federal Register, the public will be

made aware of the existence of this

security zone, its exact location within

these boundaries, and the restrictions