Federal Register / Vol. 66, No. 46 / Thursday, March 8, 2001 / Rules and Regulations 13853

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 E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

The Coast Guard analyzed this rule

under E.O. 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not pose an environmental risk to

health or risk to safety that may

disproportionately affect children.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

(34)(g), of Commandant Instruction

M16475.lC, this rule is categorically

excluded from further environmental

documentation. 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 record keeping

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, and 160.5;

49 CFR 1.

2. Add temporary section 165.T01–

024 to read as follows:

§ 165.T01–024 Safety Zone: Fore River

Bridge Repairs—Weymouth,

Massachusetts.

(a) Location. The following area is a

safety zone:

All waters of Boston Inner Harbor

within a thirty (30) foot radius of the

TMC construction barge located under

the Fore River Bridge.

(b) Effective Date. This section is

effective from February 21 until

December 31, 2001.

(c) Regulations. (1) In accordance with

the general regulations in section 165.23

of this part, entry into or movement

within this zone is prohibited unless

authorized by the Captain of the Port

Boston.

(2) All vessel operators shall comply

with the instructions of the COTP or the

designated on-scene U.S. Coast Guard

patrol personnel. On-scene Coast Guard

patrol personnel include commissioned,

warrant, and petty officers of the Coast

Guard on board Coast Guard, Coast

Guard Auxiliary, local, state, and federal

law enforcement vessels.

Dated: February 20, 2001.

J.R. Whitehead,

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

Port, Boston, Massachusetts.

[FR Doc. 01–5602 Filed 3–7–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego, CA; 01–002]

RIN 2115–AA97

Safety Zone: Mission Bay, San Diego,

CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone in

the navigable waters of the channel

entrances to Mission Bay, San Diego,

CA. This safety zone has been

established to safeguard vessels from the

severe swell and waves that are being

encountered at the channel entrances to

Mission Bay. The Captain of the Port

retains the discretion to authorize entry

into, transit through, or anchoring

within this zone as weather and

navigation conditions permit.

DATES: This temporary rule becomes

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

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

April 15, 2001. If the need for the safety

zone ends before the scheduled

termination time, the Captain of the Port

will cease enforcement of this safety

zone and announce the fact via

Broadcast Notice to Mariners.

ADDRESSES: Marine Safety Office San

Diego, 2716 N. Harbor Drive, San Diego,

CA 92101–1064.

FOR FURTHER INFORMATION CONTACT:

Petty Officer Nicole Lavorgna, USCG, c/

o U.S Coast Guard Captain of the Port,

telephone (619) 683–6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

In accordance with 5 U.S.C. 553, a

notice of proposed rule making (NPRM)

was not published for this regulation

and good cause exists for making it

effective less than 30 days after Federal

Register publication. Publishing an

NPRM and delaying the effective date

would be contrary to the public interest

because emergency weather and

navigation conditions require the

immediate closure of this area.

Discussion of Regulation

This safety zone is necessary to

safeguard vessels from severe swell and

waves that are being encountered at the

channel entrances to Mission Bay. The

safety zone is established to restrict

vessels from capsizing, grounding, and

other navigational mishaps that may

occur due to severe weather and

navigation conditions currently being

encountered at the channel entrance to

Mission Bay. Entry into, transiting

through, or anchoring within this zone

is prohibited unless authorized by the

Captain of the Port. The safety zone will

be in place from 8 a.m. (PST) on

February 21, 2001, and runs until 8 p.m.

(PST) on April 15, 2001. The safety zone

runs through mid April because past

weather trends indicate sporadic harsh

weather through this date. The safety

zone will consist of all navigable waters

located within a 400 yard circular

radius surrounding the end of the

Mission Bay Channel entrance north

jetty.

Regulatory Evaluation

This temporary regulation 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 been

exempted from review 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). Due

to the short duration and limited scope

of implementation for the safety zone,

and because commercial traffic will

have an opportunity to request

authorization to transit, the Coast Guard

expects the economic impact of this rule

to be so minimal that full regulatory

evaluation under paragraph 10(e) of the

regulatory policies and procedures of

DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. § 601 et seq), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include small

businesses and not-for-profit

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: