13032 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Proposed Rules

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

We have analyzed this proposed 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 proposed rule and

concluded that, under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This proposed rule fits paragraph 34(g)

as it establishes a safety zone. A

‘‘Categorical Exclusion Determination’’

is available in the docket 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 proposes to

amend 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. Add § 165.170 to read as follows:

§ 165.170 Safety Zone: Triathlon, Ulster

Landing, Hudson River, NY.

(a) Regulated area. The following area

is a safety zone: All waters of the

Hudson River, in the vicinity of Ulster

Landing, bound by the following points:

42°00′03.7′′ N 073°56′43.1′′ W, thence to

41°59′52.5′′ N 073°56′34.2′′ W, thence to

42°00′15.1′′ N 073°56′25.2′′ W, thence to

42°00′05.4′′ N 073°56′41.9′′ W (NAD

1983), thence along the shoreline to the

point of beginning.

(b) Effective period. This section is in

effect annually from 6 a.m. (e.s.t.) until

9 a.m. (e.s.t.) on the first Sunday after

July 4th.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) No vessels will be allowed to

transit the safety zone without the

permission of the Captain of the Port,

New York.

(3) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U. S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: January 16, 2001.

R.E. Bennis,

Rear Admiral, U.S. Coast Guard, Captain of

the Port, New York.

[FR Doc. 01–5114 Filed 3–1–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–015]

RIN 2115–AA97

Safety Zone: Queens Millennium

Concert Fireworks, East River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone for the

Queens Millennium Concert Fireworks

on the East River. This action is

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 East River.

DATES: Comments and related material

must reach the Coast Guard on or before

April 1, 2001.

ADDRESSES: You may mail comments

and related material to Waterways

Oversight Branch (CGD01–01–015),

Coast Guard Activities New York, 212

Coast Guard Drive, room 204, Staten

Island, New York 10305. The

Waterways Oversight Branch of Coast

Guard Activities New York maintains

the public docket for this rulemaking.

Comments and material received from

the public, as well as documents

indicated in this preamble as being

available in the docket, will become part

of this docket and will be available for

inspection or copying at room 204,

Coast Guard Activities New York,

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–01–015),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know they reached us, please enclose

a stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the

Waterways Oversight Branch at the

address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

The Coast Guard proposes to establish

a temporary safety zone for the Queens

Millennium Concert Fireworks on the

East River. The safety zone encompasses

all waters of the East River, within a

180-yard radius of the fireworks barge in

approximate position 40°44′43.3′′N

073°57′43.2′′W, about 240 yards east of

Belmont Island.

The proposed safety zone is effective

from 9 p.m. (e.s.t.) until 10:30 p.m.

(e.s.t.) on May 19, 2001. There is no rain

date for this event. The proposed safety

zone prevents vessels from transiting a

portion of the East River. It is needed to

protect boaters from the hazards

associated with fireworks launched

from a barge in the area. Marine traffic

will still be able to transit to the west

of Belmont Island through the western

340 yards of the East River.

Additionally, vessels will not be

precluded from mooring at or getting

underway from recreational or

commercial piers in the vicinity of the

zone. No vessel may enter the safety

zone without permission from the

Captain of the Port, New York.

This safety zone covers the minimum

area needed and imposes the minimum

restrictions necessary to ensure the

protection of all vessels. Public

notifications will be made prior to the

Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Proposed Rules 13033

event via the Local Notice to Mariners

and Marine Information Broadcasts. The

Coast Guard is limiting the comment

period for this NPRM to 30 days because

the proposed safety zone is only for a

one and a half hour long local event and

it should have negligible impact on

vessel transits. The Coast Guard expects

to receive no comments on this NPRM

due to the limited duration of the event

and the fact that it should not interfere

with vessel transits.

Discussion of Proposed Rule

The proposed safety zone is for the

Queens Millennium Concert Fireworks

held in the East River. This event will

be held on Saturday, May 19, 2001.

There is no rain date for this event. This

rule is being proposed to provide for the

safety of life on navigable waters during

the event and to give the marine

community the opportunity to comment

on this event. This safety zone covers

the minimum area needed and imposes

the minimum restrictions necessary to

ensure the protection of all vessels.

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 the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This proposed safety zone would

temporarily close a portion of the East

River to vessel traffic; however, the

impact of this regulation is expected to

be minimal for the following reasons:

the limited duration of the event; that

vessels are not precluded from getting

underway, or mooring at, public or

private facilities in the vicinity of the

event, the advance advisories that will

be made to the maritime community;

and marine traffic may still transit to the

west of the zone during the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed 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 proposed rule

would not have a significant economic

impact on a substantial number of small

entities.

This proposed rule would affect the

following entities, some of which might

be small entities: the owners or

operators of vessels intending to transit

or anchor in a portion of the East River

during the time this zone is activated.

This safety zone would not have a

significant economic impact on a

substantial number of small entities for

the following reasons: the limited

duration of the event; that vessels are

not precluded from getting underway, or

mooring at, public or private facilities in

the vicinity of the event, the advance

advisories that will be made to the

maritime community; and marine traffic

may still transit to the west of the zone

during the event.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES) explaining why you think it

qualifies and how and to what degree

this rule would 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 want to assist small entities in

understanding this proposed 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 Lieutenant

M. Day, Waterways Oversight Branch,

Coast Guard Activities New York (718)

354–4012.

Collection of Information

This proposed rule would call for no

new collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3520).

Federalism

We have analyzed this proposed rule

under Executive Order 13132 and have

determined that this rule does not have

implications for federalism under that

Order.

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 proposed

rule would not impose an unfunded

mandate.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed 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 proposed rule and

concluded that, under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

This proposed rule fits paragraph 34(g)

as it establishes a safety zone. A

‘‘Categorical Exclusion Determination’’

is available in the docket 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 proposes to

amend 33 CFR part 165 as follows:

13034 Federal Register / Vol. 66, No. 42 / Friday, March 2, 2001 / Proposed Rules

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. Add Temporary § 165.T01–015 to

read as follows:

§ 165.T01–015 Safety Zone: Queens

Millennium Concert Fireworks, East River,

NY.

(a) Location. The following area is a

safety zone: All waters of the East River

within a 180-yard radius of the

fireworks barge in approximate position

40°44°43.3′′N 073°57′43.2′′W (NAD

1983), about 240 yards east of Belmont

Island.

(b) Effective period. This section is

effective from 9 p.m. (e.s.t.) until 10:30

p.m. (e.s.t.) on May 19, 2001.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) No vessels will be allowed to

transit the safety zone without the

permission of the Captain of the Port,

New York.

(3) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on-scene patrol personnel.

These personnel comprise

commissioned, warrant, and petty

officers of the Coast Guard. Upon being

hailed by a U.S. Coast Guard vessel by

siren, radio, flashing light, or other

means, the operator of a vessel shall

proceed as directed.

Dated: February 15, 2001.

P.A. Harris,

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

Port, New York, Acting.

[FR Doc. 01–5113 Filed 3–1–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF EDUCATION

34 CFR Part 50

RIN 1845–AA21

Performance Standards for Retention

of Electronic Records in the Student

Financial Assistance Programs

AGENCY: Department of Education.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Secretary will propose

rules to implement section 101(d) of the

Electronic Signatures in Global and

National Commerce Act (E-Sign Act),

Public Law 106–229. These regulations

will set forth proposed performance

standards regarding the accuracy,

integrity, and accessibility of electronic

records that would apply to lenders,

guaranty agencies, schools, and other

parties administering any student

financial assistance program authorized

under Title IV of the Higher Education

Act of 1965, as amended (HEA).

DATES: We must receive your comments

on or before March 19, 2001. We are

offering this limited comment period in

order to expedite issuance of the

proposed rule. Comments received by

this date will be considered in the

development of the proposed rule. As a

consequence of the publication of this

notice, and under section 107(b) of the

E-Sign Act, the authority of a program

participant to retain a required record in

electronic form, in instances where that

authority did not previously exist, will

become effective on June 1, 2001, rather

than on March 1, 2001.

ADDRESSES: Address all comments about

this advanced notice of proposed

rulemaking to: Gail McLarnon, U. S.

Department of Education, 1990 K St.,

NW., room 8062, Washington, DC

20006–8540. If you prefer to send your

comments through the Internet, use the

following address:

gail_mclarnon@ed.gov.

FOR FURTHER INFORMATION CONTACT: Gail

McLarnon, 202/219–7048.

If you use a telecommunications

device for the deaf (TDD), you may call

the Federal Information Relay Service

(FIRS) at 1–800–877–8339.

Individuals with disabilities may

obtain this document in an alternative

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION:

Background

The E-Sign Act provides, in part, that

a signature, contract, or other record

relating to a transaction may not be

denied legal effect, validity, or

enforceability solely because it is in

electronic form, or because an electronic

signature or electronic record was used

in its formation. By eliminating legal

barriers, the E-Sign Act will allow

lenders, guaranty agencies, schools, and

other parties administering the Title IV,

HEA student financial assistance

programs to use electronic records and

electronic signatures in place of records

and signatures that, under the HEA and

underlying regulations, must be

maintained and provided in writing.

Section 104(b)(3) of the E-Sign Act

authorizes the Secretary to set forth

general requirements regarding the

accuracy, integrity, and accessibility of

electronic records, and procedures

relating to the maintenance of those

records. The Secretary will be issuing

proposed regulations that will contain

such requirements and procedures.

Invitation to Comment

We are seeking comments or

suggestions on this notice. We are

interested in comments on assuring

approaches to assuring the accuracy,

integrity, and accessibility of electronic

records in the administration of the

federal student aid programs.

Specifically, we are interested in

comments related to the maintenance of

electronic records by program

participants. Areas of interest include

the following:

• The timeframe to implement the

use and maintenance of electronic

records.

• The impact of using and

maintaining electronic records on the

integrity of the Federal student financial

aid programs.

• The comparability between

electronic records and hard copy paper

records.

Electronic Access to This Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use PDF you must have Adobe

Acrobat Reader, which is available free

at either of the previous sites. If you

have questions about using PDF, call the

U.S. Government Printing Office (GPO),

toll free, at 1–888–293–6498; or in the

Washington, DC, area at (202) 512–1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html.

List of Subjects in 34 CFR Part 50

Colleges and universities, Grant

programs-education, Reporting and

recordkeeping requirements.

Dated: February 27, 2001.

Rod Paige,

Secretary of Education.

[FR Doc. 01–5161 Filed 2–27–01; 4:34 pm]

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