Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13431

corner common to Sections 19 and 20,

Township 13 South, Range 91 West (T.

13 S., R. 91 W.);

(1) The boundary proceeds east

following the center subdivision lines of

Sections 20 and 21 to its intersection

with Colorado Highway 133;

(2) Then northeasterly following

Colorado Highway 133 to its

intersection with the N–S center

subdivision line of Section 14, T. 13 S.,

R. 91 W., near Juanita Junction;

(3) Then south following the center

subdivision line to its intersection with

the North Fork of the Gunnison River;

(4) Then southwesterly following the

North Fork of the Gunnison River to its

intersection with the Stewart Ditch in

the extreme southern part of Section 15,

T. 13 S., R. 91 W.;

(5) Then southwesterly following the

Stewart Ditch to its intersection with the

section line common to Sections 21 and

28, T. 13 S., R. 91 W.;

(6) Then east following the section

line common to Sections 21 and 28 to

its intersection with the 6000 foot

contour;

(7) Then southerly following the 6000

foot contour to its second intersection

with the section line common to

Sections 3 and 4, T. 14 S., R. 91 W.,

located on the Paonia, Colo. U.S.G.S.

map;

(8) Then south following the section

line common to Sections 3 and 4 to its

intersection with the 6200 foot contour;

(9) Then southerly following the 6200

foot contour to its intersection with the

section line common to Sections 16 and

17, T. 14 S., R. 91 W.;

(10) Then south following the section

line common to Sections 16 and 17 to

the point of intersection of Sections 16,

17, 20 and 21;

(11) Then west following the section

line common to Sections 17 and 20 to

the point of intersection of Sections 17,

18, 19 and 20;

(12) Then south following the section

line common to Sections 19 and 20 to

the N1/16 corner common to Sections

19 and 20;

(13) Then west following the

subdivision line across Section 19 to the

N1/16 corner common to Section 19, T.

14 S., R. 91 W. and Section 24, T, 14 S.,

R. 92 W.;

(14) Then south following the range

line between R. 91 W. and R. 92 W. to

the point of intersection between

Sections 19 and 30, T. 14 S., R. 91 W.

and Sections 24 and 25, T. 14 S., R. 92

W.;

(15) Then west following the section

line common to Sections 24 and 25 to

the point of intersection between

Sections 23, 24, 25 and 26, located on

the Hotchkiss, Colo. U.S.G.S. map;

(16) Then south following the section

line common to Sections 25 and 26 to

the point of intersection between

Sections 25, 26, 35 and 36;

(17) Then west following the section

lines common to Sections 26 and 35 and

Sections 27 and 34 to the point of

intersection between Sections 27, 28, 33

and 34;

(18) Then south following the section

line common to Sections 33 and 34 to

the point of intersection between

Sections 33 and 34, T. 14 S., R. 92 W.

and Sections 3 and 4, T. 15 S., R. 92 W.;

(19) Then west following the

township line between T. 14 S. and T.

15 S. approximately three miles to the

point of intersection between Section

31, T. 14 S., R. 92 W., Section 6, T. 15

S., R. 92 W., Section 1, T. 15 S., R. 93

W., and Section 36, T. 14 S., R. 93 W.;

(20) Then south following the range

line between R. 92 W. and R. 93 W. to

the point of intersection between

Sections 6 and 7, T. 15 S., R. 92 W. and

Sections 1 and 12, T. 15 S., R. 93 W.;

(21) Then west following the section

lines common to Sections 1 and 12 and

Sections 2 and 11 to its intersection

with the North Fork of the Gunnison

River, located on the Lazear, Colo.

U.S.G.S. map;

(22) Then westerly following the

North Fork of the Gunnison River to its

intersection with Big Gulch in the

extreme northeastern corner of Section

6, T. 15 S., R. 93 W.;

(23) Then northerly following Big

Gulch to its intersection with the

section line common to Sections 17 and

18, T. 14 S., R. 93 W.;

(24) Then north following the section

lines common to Sections 17 and 18,

Sections 7 and 8, and Sections 5 and 6

to the point of intersection between

Sections 5 and 6, T. 14 S., R. 93 W. and

Sections 31 and 32, T. 13 S., R. 93 W.;

(25) Then east following the township

line between T. 13 S. and T. 14 S.

approximately two miles to the point of

intersection between Sections 3 and 4,

T. 14 S., R. 93 W. and Sections 33 and

34, T. 13 S., R. 93 W.;

(26) Then south following the section

line common to Sections 3 and 4 to the

point of intersection between Sections

3, 4, 9 and 10;

(27) Then east following the section

lines for approximately 6 miles to the

point of intersection between Sections

3, 4, 9 and 10, T. 14 S., R. 92 W., located

on the Hotchkiss, Colo. U.S.G.S. map;

(28) Then north following the section

line common to Sections 3 and 4 to the

point of intersection between Sections 3

and 4, T. 14 S., R. 92 W. and Sections

33 and 34, T. 13 S., R. 92 W.;

(29) Then east following the township

line between T. 13 S. and T. 14 S. to its

intersection with the Fire Mountain

Canal in the southwestern corner of

Section 35, T. 13 S., R. 92 W.;

(30) Then northeasterly following the

Fire Mountain Canal through the

extreme northwest corner of the Paonia,

Colo. U.S.G.S. map to its intersection

with the section line common to

Sections 29 and 30, T. 13 S., R. 91 W.,

located on the Bowie, Colo. U.S.G.S.

map;

(31) Then north following the section

lines common to Sections 29 and 30 and

Sections 19 and 20 to the 1/4 corner

common to Sections 19 and 20, the

point of beginning.

Dated: February 1, 2001.

Bradley A. Buckles,

Director.

Approved: February 15, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 01–5423 Filed 3–5–01; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05–01–003]

RIN 2115–AE46

Special Local Regulations for Marine

Events; Western Branch, Elizabeth

River, Portsmouth, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is adopting

temporary special local regulations for

the Crawford Bay Crew Classic, a

marine event to be held on the waters

of the Western Branch of the Elizabeth

River, Portsmouth, Virginia. These

special local regulations are necessary to

provide for the safety of life on

navigable waters during the event. This

action is intended to restrict vessel

traffic in portions of the Western Branch

of the Elizabeth River during the event.

DATES: This rule is effective from 11

a.m. on March 23, 2001 to 6 p.m. on

March 24, 2001.

ADDRESSES: Materials received from the

public as well as documents indicated

in this preamble as being available in

the docket, are part of docket CGD05–

01–003 and are available for inspection

or copying at Commander (Aoax), Fifth

Coast Guard District, 431 Crawford

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m.,

13432 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: S. L.

Phillips, Project Manager, Commander

(Aoax), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704–5004, telephone number (757)

398–6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

A notice of proposed rulemaking

(NPRM) was not published for this

regulation. In keeping with 5 U.S.C.

553(b), the Coast Guard finds that good

cause exists for not publishing a NPRM.

The Coast Guard received confirmation

of the request for special local

regulations on January 16, 2001. We

were notified of the need for special

local regulations with insufficient time

to publish a NPRM, allow for comments,

and publish a final rule prior to the

event.

Background and Purpose

On March 23 and March 24, 2001,

Ports Events, Inc. will sponsor the

Crawford Bay Crew Classic. The event

will consist of intercollegiate crew

rowing teams racing along a 2000 meter

course on the waters of the Western

Branch of the Elizabeth River. A fleet of

spectator vessels is expected to gather

near the event site to view the

competition. To provide for the safety of

participants, spectators and other

transiting vessels, the Coast Guard will

temporarily restrict vessel traffic in the

event area during the crew races.

Discussion of Regulations

The Coast Guard is establishing

temporary special local regulations on

specified waters of the Western Branch

of the Elizabeth River. The temporary

special local regulations will be

enforced from 11 a.m. to 6 p.m. on

March 23, 2001 and from 6:30 a.m. to

6 p.m. on March 24, 2001. The effect

will be to restrict general navigation in

the regulated area during the event.

Except for persons or vessels authorized

by the Coast Guard Patrol Commander,

no person or vessel may enter or remain

in the regulated area. The Patrol

Commander will allow nonparticipating vessels to transit the

regulated area between races. These

regulations are needed to control vessel

traffic during the event to enhance the

safety of participants, spectators and

transiting vessels.

Regulatory Evaluation

This 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 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.

Although this regulation prevents

traffic from transiting a portion of the

Western Branch of the Elizabeth River

during the event, the effect of this

regulation will not be significant due to

the limited duration that the regulated

area will be in effect and the extensive

advance notifications that will be made

to the maritime community via the

Local Notice to Mariners, marine

information broadcasts, and area

newspapers, so mariners can adjust

their plans accordingly. Additionally,

vessel traffic will be allowed to transit

through the regulated area in between

races.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), we 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.

This rule will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

the effected portions of the Western

Branch of the Elizabeth River during the

event.

Although this regulation prevents

traffic from transiting a portion of the

Western Branch of the Elizabeth River

during the event, the effect of this

regulation will not be significant

because of the limited duration that the

regulated area will be in effect and the

extensive advance notifications that will

be made to the maritime community via

the Local Notice to Mariners, marine

information broadcasts, and area

newspapers, so mariners can adjust

their plans accordingly. Additionally,

vessel traffic will be allowed to transit

through the regulated area in between

races.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this temporary 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

the address listed under ADDRESSES.

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 under the Paperwork

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

3520).

Federalism

We have analyzed this 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 rule will

not impose an unfunded mandate.

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

Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13433

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.

Environment

We prepared an ‘‘Environmental

Assessment’’ in accordance with

Commandant Instruction M16475.1C

and determined that this rule will not

significantly affect the quality of the

human environment. The

‘‘Environmental Assessment’’ and

‘‘Finding of No Significant Impact’’ is

available in the docket where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. A temporary section, § 100.35–T05–

003 is added to read as follows:

§ 100.35–T05–003 Western Branch,

Elizabeth River, Portsmouth, Virginia.

(a) Regulated Area. The waters of the

Western Branch, Elizabeth River

bounded by a line connecting the

following points:

Latitude Longitude

36°50′18′′ North 076°23′06′′ West, to

36°50′18′′ North 076°21′42′′ West, to

36°50′12′′ North 076°21′42′′ West, to

36°50′12′′ North 076°23′06′′ West, to

36°50′18′′ North 076°23′06′′ West

All coordinates reference Datum NAD

1983.

(b) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group Hampton Roads.

(c) Special Local Regulations:

(1) Except for persons or vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area.

(2) The operator of any vessel in the

regulated area shall:

(i) Stop the vessel immediately when

directed to do so by any official patrol,

including any commissioned, warrant,

or petty officer on board a vessel

displaying a Coast Guard ensign.

(ii) Proceed as directed by any official

patrol, including any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(d) Effective Dates. This section is

effective from 11 a.m. on March 23,

2001 to 6 p.m. on March 24, 2001.

(e) Enforcement Times. This section

will be enforced from 11 a.m. to 6 p.m.

on March 23, 2001 and from 6:30 a.m.

to 6 p.m. on March 24, 2001.

Dated: February 22, 2001.

T. C. Paar,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 01–5441 Filed 3–5–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–001]

RIN–2115–AE47

Drawbridge Operation Regulations;

Manitowoc River, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: By this direct final rule, the

Coast Guard is revising the operating

regulations governing the Eighth Street

bridge (mile 0.29), Tenth Street bridge

(mile 0.43), and Wisconsin Central

Railroad (formerly Soo Line) bridge

(mile 0.91), all over the Manitowoc

River in Manitowoc, Wisconsin. This

rule would re-establish the operating

schedules published in 1983, and

erroneously removed by another rule in

1984.

DATES: This rule is effective on June 4,

2001, unless a written adverse

comment, or written notice of intent to

submit adverse comment, reaches

Commander, Ninth Coast Guard District,

on or before May 7, 2001. If an adverse

comment, or notice of intent to submit

an adverse comment, is received, the

Coast Guard will withdraw this direct

final rule and publish a timely notice of

withdrawal in the Federal Register.

ADDRESSES: Comments may be mailed

or delivered to: Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH

44199–2060 between 6:30 a.m. and 3

p.m., Monday through Friday, except

federal holidays. The telephone number

is (216) 902–6084.

The District Commander maintains

the public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at the address

above.

FOR FURTHER INFORMATION CONTACT: Mr.

Scot M. Striffler, Project Manager, at

(216) 902–6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting data, views or

arguments for or against this rule.

Persons submitting comments should

include their name, address, identify

this rulemaking (CGD09–01–001), the

specific section of this rule to which

each comment applies, and the reason(s)

for each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 81⁄2′′ ×

11′′ unbound format suitable for copying

and electronic filing. If that is not

practical, a second copy of any bound

material is requested. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written notice

of intent to submit adverse comment are

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

approximately 30 days prior to the

effective date, the Coast Guard will

publish a notice in the Federal Register

stating that no adverse comment was

received and announcing confirmation

that this rule will become effective as

scheduled. However, if the Coast Guard

receives written adverse comment or

written notice of intent to submit

adverse comment, the Coast Guard will

publish a notice in the final rule section

of the Federal Register to announce

withdrawal of all or part of this direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comments

were received. The part of this rule that

was the subject of adverse comments

will be withdrawn. If the Coast Guard

decides to proceed with a rulemaking, a