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Federal Register / Vol. 66, No.

142 / Tuesday, July 24, 2001 / Rules and Regulations 38371

DEPARTMENT OF TRANSPORTATION waters of Lake Washington, Seattle, entities, some of which may be small
Washington, for the Seafair Blue Angels entities: the owners or operators of
Coast Guard Performance. The Coast Guard has vessels intending to transit this portion
determined it is necessary to close the of Lake Washington during the time this
33 CFR Part 165 area in the vicinity of the air show in regulation is in effect. The zone will not
[CGD13–01–010] order to minimize the dangers that low- have a significant economic impact due
flying aircraft present to persons and to its short duration and small area. The
RIN 2115–AA97 vessels. These dangers include, but are only vessels likely to be impacted will
not limited to, excessive noise and the be recreational boaters and small
Safety Zone; Seafair Blue Angels risk of falling objects from any accidents passenger vessel operators. The event is
Performance, Lake Washington, WA associated with low flying aircraft. In held for the benefit and entertainment of
AGENCY: Coast Guard, DOT. the event that aircraft require emergency those above categories. Because the
ACTION: Temporary final rule. assistance, rescuers must have impacts of this proposal are expected to
immediate and unencumbered access to be so minimal, the Coast Guard certifies
SUMMARY: The Coast Guard is the craft. The Coast Guard, through this under 605(b) of the Regulatory
establishing a temporary safety zone on action, intends to promote the safety of Flexibility Act (5 U.S.C. 601 et seq.) that
the waters of Lake Washington, Seattle, personnel, vessels, and facilities in the this final rule will not have a significant
Washington. The Coast Guard is taking area. Entry into this zone will be economic impact on a substantial
this action to safeguard the participants prohibited unless authorized by the number of small entities.
and spectators from the safety hazards Captain of the Port or his representative. If you think that your business,
associated with the Seafair Blue Angels This safety zone will be enforced by organization, or governmental
Performance. Entry into this zone is Coast Guard personnel. The Captain of jurisdiction qualifies as a small entity
prohibited unless authorized by the the Port may be assisted by other and that this rule would have a
Captain of the Port, Puget Sound or his federal, state, or local agencies. significant economic impact on it,
designated representatives. Regulatory Evaluation please submit a comment (see
DATES: This rule is effective from 8:30 ADDRESSES) explaining why you think it
a.m. on August 2, 2001, through 3 p.m. This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of qualifies and how and to what degree
(Pacific Daylight Time) on August 5, this rule would economically affect it.
2001. Executive Order 12866 and does not
require an assessment of potential costs Assistance for Small Entities
ADDRESSES: Documents as indicated in and benefits under section 6(a)(3) of that
this preamble are available for Order. The Office of Management and Under section 213(a) of the Small
inspection or copying at the U.S. Coast Budget has not reviewed it under that Business Regulatory Enforcement
Guard Marine Safety Office Puget Order. It is not significant under the Fairness Act of 1996 (Pub. L. 104–121),
Sound, 1519 Alaskan Way South, regulatory policies and procedures of we want to assist small entities in
Building 1, Seattle, Washington 98134. the Department of Transportation (DOT) understanding this rule so that they can
Normal office hours are between 8 a.m. (44 FR 11040, February 26, 1979). We better evaluate its effects on them and
and 4 p.m., Monday through Friday, expect the economic impact of this rule participate in the rulemaking. If the rule
except Federal holidays. to be so minimal that a full Regulatory would affect your small business,
FOR FURTHER INFORMATION CONTACT: LT Evaluation under paragraph 10(e) of the organization, or governmental
Paul Stocklin, c/o Captain of the Port regulatory policies and procedures of jurisdiction and you have questions
Puget Sound, (206) 217–6232. DOT is unnecessary. This expectation is concerning its provisions or options for
SUPPLEMENTARY INFORMATION: based on the fact that the regulated area compliance, please contact the person
established by the regulation would listed in the FOR FURTHER INFORMATION
Background and Purpose encompass an area near the middle of CONTACT section.
Under 5 U.S.C. 553(b)(B), the Coast Lake Washington, not frequented by Collection of Information
Guard finds that good cause exists for commercial navigation. The regulation
not publishing an NPRM, and, under 5 is established for the benefit and safety This rule will call for no new
U.S.C. 553(d)(3), good cause exists for of the recreational boating public, and collection of information under the
making this rule effective less than 30 any negative recreational boating impact Paperwork Reduction Act of 1995 (44
days after publication in the Federal is offset by the benefits of allowing the U.S.C. 3501–3520).
Register. The airshow poses several Blue Angels to fly. For the above Federalism
dangers to the public including reasons, the Coast Guard does not
excessive noise and objects falling from anticipate any significant economic We have analyzed this rule under
any accidents. Accordingly, prompt impact. Executive Order 13132 and have
regulatory action is needed in order to determined that this rule does not have
Small Entities implications for federalism under that
provide for the safety of spectators and
participants during the event. If normal Under the Regulatory Flexibility Act Order.
notice and comment procedures were (5 U.S.C. 601 et seq.), the Coast Guard
Unfunded Mandates Reform Act
followed, this rule would not become considered whether this rule would
effective until after the date of the event. have a significant economic impact on The Unfunded Mandates Reform Act
Temporary regulations of similar size a substantial number of small entities. of 1995 (2 U.S.C. 1531–1538) governs
and duration have been in place for the ‘‘Small entities’’ include small the issuance of Federal regulations that
past several years and have not businesses, not-for-profit organizations require unfunded mandates. An
generated significant controversy. that are independently owned and unfunded mandate is a regulation that
operated and are not dominant in their requires a State, local, or tribal
Discussion of Rule fields, and governmental jurisdictions government or the private sector to
The Coast Guard is adopting a with populations of less than 50,000. incur direct costs without the Federal
temporary safety zone regulation on the This rule will affect the following Government’s having first provided the

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38372 Federal Register / Vol. 66, No. 142 / Tuesday, July 24, 2001 / Rules and Regulations

funds to pay those costs. This rule will week in duration. This rule establishes Dated: July 10, 2001
not impose an unfunded mandate. a temporary safety zone of limited L.R. Radziwanowicz,
Taking of Private Property duration that will be within the one- Commander, U.S. Coast Guard, Acting
week timeframe. Captain of the Port, Puget Sound.
This rule will not effect a taking of [FR Doc. 01–18396 Filed 7–23–01; 8:45 am]
private property or otherwise have List of Subjects in 33 CFR Part 165
taking implications under Executive
Harbors, Marine safety, Navigation
Order 12630, Governmental Actions and
Interference with Constitutionally (water), Reporting and recordkeeping
requirements, Security measures, DEPARTMENT OF TRANSPORTATION
Protected Property Rights.
Waterways. Coast Guard
Civil Justice Reform
Final Rule
This rule meets applicable standards 33 CFR Part 165
in sections 3(a) and 3(b)(2) of Executive For the reasons set out in the [CGD 11–01–013]
Order 12988, Civil Justice Reform, to preamble, the Coast Guard amends 33
minimize litigation, eliminate CFR part 165 as follows: RIN–2115–AE84
ambiguity, and reduce burden.
PART 165—[AMENDED] Regulated Navigation Area; San
Protection of Children Francisco Bay, California
We have analyzed this rule under 1. The authority citation for part 165 AGENCY:Coast Guard, DOT.
Executive Order 13045, Protection of continues to read as follows: Interim rule with request for
Children from Environmental Health
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, comments.
Risks and Safety Risks. This rule is not
an economically significant rule and 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49
SUMMARY: The Coast Guard is changing
does not concern an environmental risk CFR 1.46.
the boundary for the portion of the
to health or risk to safety that may 2. Add a temporary § 165.T13–004 to Oakland Harbor Regulated Navigation
disproportionately affect children. read as follows: Area (RNA) that lies just due north of
Indian Tribal Governments Anchorage 8. By a separate rulemaking,
§ 165.T13–004 Safety Zone, Seafair Blue the Coast Guard is increasing the size of
This rule does not have tribal Angels Performance, Seattle, WA.
Anchorage 8. To avoid having
implications under Executive Order (a) Location. The following is a safety Anchorage 8 encroach on the Oakland
13175, Consultation and Coordination zone: All waters of Lake Washington, Harbor RNA, this interim rule simply
with Indian tribal governments, because designates new boundary lines for the
Washington State, enclosed by the
it does not have a substantial direct Oakland Harbor RNA to coincide with
following points: The northwest corner
effect on one or more Indian tribes, on the new Anchorage 8 boundaries. This
of Faben Point at 47°35′34.5″ N,
the relationship between the federal rule also corrects the coordinates for the
122°15′13W; thence to 47°35′48″ N,
government and Indian tribes, or on the northern boundary of the Oakland
122°15′45″ W; thence to 47°36′02.1″ N,
distribution of power and Harbor RNA that is inaccurately listed
responsibilities between the federal 122°15′50.2″ W; thence to 47°35′56.6″ N,
122°16′29.2″ W; thence to 47°35′42″ N, in the current RNA regulation.
government and Indian tribes. DATES: This interim rule is effective July
122°16′24″ W; thence to the east side of
Energy Effects the entrance to the west highrise of the 24, 2001. Comments must be received
We have analyzed this rule under Interstate 90 bridge; thence easterly on or before August 23, 2001.
Executive Order 13211, Actions along the south side of the bridge to a ADDRESSES: Comments may be mailed
Concerning Regulations That point 1130 yards east of the western or hand-delivered to: Commander
Significantly Affect Energy Supply, terminus of the bridge; thence southerly (pmc–3), Eleventh Coast Guard District,
Distribution, or Use. We have to a point in Andrews Bay at 47°33′06″ Bldg. 50–6, Coast Guard Island,
determined that it is not a ‘‘significant N, 122°15′32″ W; thence northeast along Alameda, CA 94501–5100. The
energy action’’ under that order because the shoreline of Bailey Peninsula to its Commander (pmc–3), Eleventh Coast
it is not a ‘‘significant regulatory action’’ northeast point at 47°33′44″ N, Guard District maintains the public
under Executive Order 12866 and is not 122°15′04″ W; thence easterly along the docket for this rulemaking.
likely to have a significant adverse effect east-west line drawn tangent to Bailey FOR FURTHER INFORMATION CONTACT: LT
on the supply, distribution, or use of Peninsula; thence northerly along the Patricia Springer, Chief of Vessel Traffic
energy. It has not been designated by the shore of Mercer Island to the point of Management, Eleventh Coast Guard
Administrator of the Office of origin. (Datum: NAD 1983) District, Building 50–6, Coast Guard
Information and Regulatory Affairs as a Island, Alameda, CA 94501–5100,
(b) Regulations. In accordance with
significant energy action. Therefore, it phone (510) 437–2951, e-mail
the general regulations in § 165.23 of
does not require a Statement of Energy
this part, no person or vessel may enter
Effects under Executive Order 13211. or remain in the zone except for SUPPLEMENTARY INFORMATION:
Environment participants in the event, supporting Request for Comments
We considered the environmental personnel, vessels registered with the
Although this regulation is published
impact of this rule and concluded that, event organizer, or other vessels
as an interim rule without prior notice,
under figure 2–1, paragraph(34)(g) of authorized by the Captain of the Port or
an opportunity for public comment is
Commandant Instruction M16475.lC, his designated representatives.
nevertheless desirable to ensure the
this rule is categorically excluded from (c) Applicable dates. This section regulation is both reasonable and
further environmental documentation. applies from 8:30 a.m. until 3 p.m., workable.
A Categorical Exclusion is provided for Pacific Daylight Time, on August 2, 3, The Coast Guard encourages all
temporary safety zones of less than one 4 and 5, 2001. interested persons to participate in this

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