13854 Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Rules and Regulations

organizations that are not dominant in

their respective fields, and

governmental jurisdictions with

populations less than 50,000. For the

same reasons set forth in the above

Regulatory Evaluation, the Coast Guard

certifies under 5 U.S.C. § 605(b) that this

rule is not expected to have a significant

economic impact on any substantial

number of entities, regardless of their

size.

Assistance For Small Entities

In accordance with § 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

effects on them 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 Petty Officer

Nicole Lavorgna, U.S. Coast Guard

Marine Safety Office San Diego at (619)

683–6495.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

Federalism

The Coast Guard has analyzed this

temporary regulation under the

principles and criteria contained in

Executive Order 12612 and has

determined that this regulation does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this temporary

regulation and concluded that under

Chapter 2.B.2. of Commandant

Instruction M16475.1C, Figure 2–1,

paragraph (34)(g), it will have no

significant environmental impact and it

is categorically excluded from further

environmental documentation.

Unfunded Mandates

Under the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4),

the Coast Guard must consider whether

this rule will result in an annual

expenditure by state, local, and tribal

governments, in the aggregate of $100

million (adjusted annually for inflation).

If so, the Act requires that a reasonable

number of regulatory alternatives be

considered, and that from those

alternatives, the least costly, most costeffective, or least burdensome

alternative that achieves the objective of

the rule be selected.

No state, local, or tribal government

entities will be effected by this rule, so

this rule will not result in annual or

aggregate costs of $100 million or more.

Therefore, the Coast Guard is exempt

from any further regulatory

requirements under the Unfunded

Mandates Act.

Other Executive Orders on the

Regulatory Process

In addition to the statutes and

Executive Orders already addressed in

this preamble, the Coast Guard

considered the following executive

orders in developing this temporary

final rule and reached the following

conclusions:

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights. This Rule will not effect a taking

of private property or otherwise have

taking implications under this Order.

Executive Order 12875, Enhancing the

Intergovernmental Partnership. This

Rule will not impose, on any State,

local, or tribal government, a mandate

that is not required by statute and that

is not funded by the Federal

government.

Executive Order 12988, Civil Justice

Reform. This Rule meets applicable

standards in section 3(a) and 3(b)(2) of

this Order to minimize litigation,

eliminate ambiguity, and reduce

burden.

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 safety disproportionately affecting

children.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and

160.5; 49 CFR 1.46.

2. A new § 165.T11–030 is added to

read as follows:

§ 165.T11–030 Safety zone: mission bay,

San Diego, CA.

(a) Location. This safety zone consists

of all navigable waters located within a

400 yard circular radius surrounding the

end of the Mission Bay Channel

entrance north jetty.

(b) Effective Date. This section is

effective at 8 a.m. (PST) on February 21,

2001, and runs until 8 p.m. (PST) on

April 15, 2001. If the Mission Bay

closure reopens prior to the scheduled

termination time, the Captain of the Port

will cease enforcement of this safety

zone and will announce that fact via

Broadcast Notice to Mariners.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this zone by all

vessels is prohibited, unless authorized

by the Captain of the Port, or his

designated representative.

Dated: February 21, 2001.

J.M. Farley,

Commander, U.S. Coast Guard, Captain of

the Port, San Diego.

[FR Doc. 01–5600 Filed 3–7–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

Approval and Promulgation of

Implementation Plans

CFR Correction

In Title 40 of the Code of Federal

Regulations, Part 52 (§ 52.1019 to end),

revised as of July 1, 2000, on page 460,

§ 52.2026 is corrected by removing the

introductory sentence, and removing

and reserving paragraphs (a) and (b).

[FR Doc. 01–55506 Filed 3–7–01; 8:45 am]

BILLING CODE 1505–01–D

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 422

Medicare + Choice Program

CFR Correction

In Title 42 of the Code of Federal

Regulations, parts 400 to 429, revised as

of Oct. 1, 2000, in part 422, on page 777,

§ 422.156 is corrected by correctly

revising paragraph (e)(1) to read as

follows: