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.

66754 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601—612), we have considered

whether this temporary rule will have a

significant economic impact on 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 temporary rule

will not have a significant economic

impact on a substantial number of small

entities. This temporary rule will affect

only the following entities, some of

which may be small entities: owners

and operators of commercial vessels

larger than 300 gross tons intending to

transit or anchor in the Regulated

Navigation Area. Because the number of

small entities owning/operating

commercial vessels of this size is not

substantial, the rule is for a limited

duration, and there is little anticipation

of delay when requesting entry into the

Area, the economic impact of this

temporary rule should be minimal.

If, however, you believe that your

business or organization qualifies as a

small entity and that this temporary rule

will have a significant economic impact

on your business or organization, please

submit a comment (see ADDRESSES)

explaining why you believe it qualifies

and in what way and to what degree this

temporary rule will 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 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.

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 temporary rule does not provide

for a collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

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 temporary rule under that Order

and have determined that it does not

have implications for federalism.

Unfunded Mandates

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 temporary rule will not

result in such expenditure, we do

discuss the effects of this temporary rule

elsewhere in this preamble.

Taking of Private Property

This temporary 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 temporary 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 temporary rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This temporary 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 temporary 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 temporary 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

The Coast Guard considered the

environmental impact of this temporary

final rule and concluded that under

figure 2–1, paragraph (34)(g) of

Commandant Instruction M16475.1C,

this temporary final rule is categorically

excluded from further environmental

documentation. This temporary rule

seeks to modify a well-established

Regulated Navigation Area, and will be

in effect for 6 months. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 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 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, 160.5; 49

CFR 1.46.

2. From December 11, 2001 until June

15, 2002, in § 165.501, suspend

paragraph (a)(1), and add paragraphs

(a)(13), (d)(15), and (d)(16) to read as

follows:

§ 165.501 Chesapeake Bay entrance and

Hampton Roads, VA. and adjacent waters—

regulated navigation area.

(a) * * *

(13) A line drawn due east from the

mean low water mark at the North

Carolina / Virginia border at latitude

36°33′03′′ N, longitude 75°52′00′′ W, to

the Territorial Seas boundary line at

latitude 36°33′05′′ N, longitude

75°36′51′′ W, thence generally

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66755

northeastward along the Territorial Seas

boundary line to latitude 38°01′39′′ N,

longitude 74°57′18′′ W, thence due west

to the mean low water mark at the

Maryland / Virginia border at latitude

38°01′39′′ N, longitude 75°14′30′′ W.

* * * * *

(d) * * *

(15) Port Security Requirements. No

vessel in excess of 300 gross tons,

including tug and barge combinations in

excess of 300 gross tons (combined),

shall enter the Regulated Navigation

Area, move within the Area, or be

present within the Area unless it

complies with the following

requirements.

(i) Obtain authorization to enter the

Regulated Navigation Area from the

Captain of the Port or his representative

at least thirty minutes prior to entering

the Regulated Navigation Area. All

vessels entering or remaining in the

Area may be subject to a Coast Guard

boarding.

(ii) Follow all instructions issued by

the Captain of the Port or his

representative.

(iii) Ensure that no person who is not

a permanent member of the vessel’s

crew, or a member of a Coast Guard

boarding team, boards the vessel

without presenting valid photo

identification.

(iv) Report any departure from or

movement within the Regulated

Navigation Area to the Captain of the

Port or his representative at least 30

minutes prior to getting underway.

(v) Contact the Captain of the Port or

his representative on VHF–FM channel

13 or 16, or by calling (757) 444–5209

or (757) 444–5210.

(vi) In addition to the authorities

listed in this Part, this section is

promulgated under the authority under

33 U.S.C. 1226.

(16) For purposes of the port security

requirements in paragraph (d)(15) of this

section, the Captain of the Port or his

representative means any official

designated by the Captain of the Port

including, but not limited to, any Coast

Guard patrol vessel. All patrol vessels

shall display the Coast Guard Ensign at

all times when underway.

* * * * *

Dated: December 11, 2001.

T.W. Allen,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 01–31523 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 18

RIN 1024–AC78

Leasing Regulations

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: This rule amends current

National Park Service (NPS) regulations

(36 CFR part 18) concerning the leasing

of historic properties within areas of the

national park system to encompass

additional types of properties as

authorized by law and to change in

certain respects the procedural

requirements for leasing of properties.

This rule was published for public

comment in the Federal Register on

December 12, 2000 (65 FR 77538).

EFFECTIVE DATE: January 28, 2002.

FOR FURTHER INFORMATION CONTACT:

Cindy Orlando, National Park Service,

1849 C Street, NW., Room 7311,

Washington DC 20240 (202/565–1212).

SUPPLEMENTARY INFORMATION: Section

802 of the National Parks Omnibus

Management Act, Pub. L. 105–391

(Section 802), authorizes NPS to grant

leases for the use of buildings and

associated property located within areas

of the national park system to persons

and governmental entities under certain

conditions. This new leasing authority

supplements existing NPS leasing

authority concerning historic properties

set forth in 16 U.S.C. 470h–3 and

implemented in 36 CFR part 18. This

amendment of 36 CFR part 18 combines

in one regulation the leasing authority

provided by Section 802 with the

leasing authority provided by 16 U.S.C.

470h–3. In general, this rule permits

NPS to lease buildings, lands associated

with such buildings, and, historic land

located within the boundaries of park

areas. It does not permit the leasing of

non-historic land.

This amendment of 36 CFR part 18

achieves simplification of the NPS

historic leasing process as also called for

by Section 802 and expands the scope

of NPS leasing authority to all eligible

properties. NPS also has authority to

lease certain property located within

units of the national park system under

16 U.S.C. 460l–22(a). This authority is

implemented by NPS in 36 CFR part 17

which remains unchanged by the

amended 36 CFR part 18. Eight public

comments were received in response to

the proposed rule. Several changes were

made in response to them. In addition,

the final rule contains a number of

editorial changes and clarifications.

Section Content

The following discussion describes

the general content of each section of

the final regulation. Public comments

on these sections are also addressed as

appropriate.

Section 18.1

Authority and Purposes. Section 18.1

describes the authority for the rule. The

basic authority is 16 U.S.C. 1 et seq.,

(the National Park Service Organic Act),

particularly 16 U.S.C. 1a–2(k) (the

general NPS leasing authority contained

in section 802 of Pub. L. 105–391), and

16 U.S.C. 470h–3 (government-wide

leasing authority applicable to historic

properties). NPS has included a

‘‘grandfather’’ provision in this section

of the final regulation to permit the

execution of proposed leases that were

solicited under 36 CFR part 18 prior to

the effective date of this part. In

response to comments, NPS has

clarified the particular categories of NPS

property to which this part applies. In

addition, NPS notes that although this

part is couched in terms of leasing

particular properties, nothing in this

part precludes NPS from leasing a

number of properties in a combined

solicitation or from engaging

management companies (where

otherwise authorized) to assist in

implementing an appropriate overall

park area leasing program in accordance

with the terms of this part.

Section 18.2

Section 18.2 defines the terms used in

the proposed rule. NPS has clarified the

definition of ‘‘associated property’’ in

the final regulation to make clear that

associated property may relate to one or

more buildings. NPS has also clarified

the definition of ‘‘fair market value’’ by

making clear that the particular terms

and conditions of the lease being offered

are to be taken into account in

determining the fair market value of the

lease. Finally, NPS has clarified the

definitions of property types as used in

the regulation and added a definition of

non-historic property as a clarification.

A comment asked whether a limited

liability company qualifies as a

‘‘person’’ for purposes of this part. It

does. A comment suggested that the

definition historic property be expanded

to include properties determined

historic by state or local governments.

NPS notes that the definition used is

statutory and, in any event, includes

properties of state or local significance

listed in the National Register of

Historic Places.