59806 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

September 30, 2004, and will remain in 

effect until October 6, 2004. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of the safety 

zone and will announce that fact via 

Broadcast Notice to Mariners.

Dated: September 24, 2004. 

Gordon A. Loebl, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, San Francisco Bay, 

California.

[FR Doc. 04–22508 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–U

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Jacksonville 04–093] 

RIN 1625–AA00 

Safety Zone; St. Johns River, 

Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary fixed safety 

zone on the St. Johns River, 

Jacksonville, FL, for the Navy Sea and 

Sky Spectacular. The safety zone is 

needed to protect boaters from the 

hazards associated with high speed, low 

flying, aircraft participating in flight 

demonstrations during the Air Show. 

Anchoring, mooring, or transiting 

within this zone is prohibited, unless 

authorized by the Captain of the Port, 

Jacksonville, FL.

DATES: This rule is effective from noon 

on October 28, 2004, through 4 p.m. on 

October 31, 2004.

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket, are part of docket [COTP 

Jacksonville 04–093] and are available 

for inspection and copying at Coast 

Guard Marine Safety Office Jacksonville, 

7820 Arlington Expressway, Suite 400, 

Jacksonville, Florida, 32211, between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Carol Swinson at Coast 

Guard Marine Safety Office Jacksonville, 

FL, tel: (904) 232–2640, ext. 155.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a NRPM. Publishing 

a NPRM, which would incorporate a 

comment period before a final rule 

could be issued, and delaying the rule’s 

effective date is contrary to public safety 

because immediate action is necessary 

to protect the public and waters of the 

United States. Moreover, a NPRM is 

unnecessary due to the limited amount 

of time this rule will be in effect. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. The 

Coast Guard will issue a broadcast 

notice to mariners and may place Coast 

Guard vessels in the vicinity of this 

zone to advise mariners of the 

restriction. 

Background and Purpose 

The Coast Guard is establishing a 

temporary fixed safety zone on the St. 

Johns River, Jacksonville, FL. The safety 

zone will be enforced during the 2004 

Jacksonville Sea and Sky Spectacular, 

from noon until 4 p.m. October 28, 

2004, through October 31, 2004. The 

safety zone is needed to protect boaters 

from the hazards associated with high 

speed, low flying, aircraft participating 

in flight demonstrations during the Air 

Show. The safety zone will originate at 

position 30°14′37′′ N, 081°39′45′′ W, and 

extend east to 30°14′37′′ N, 

081°38′00′′ W, then south to 30°13′41′′ N, 

081°38′00′′ W, then west to 30°13′41′′ N, 

081°39′48′′ W, then back to the original 

point. Anchoring, mooring, or transiting 

within this zone is prohibited, unless 

authorized by the Captain of the Port, 

Jacksonville, FL. 

Regulatory Evaluation 

This regulation is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential cost 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has exempted it from review 

under the order. It is not significant 

under the regulatory policies and 

procedures of the Department of 

Homeland Security (DHS) because these 

regulations will only be in effect for a 

short period of time, and the impacts on 

routine navigation are expected to be 

minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

field, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 

section 5 U.S.C. 605(b) that this rule 

will not have a significant economic 

impact upon a substantial number of 

small entities because the regulation 

will only be enforced for approximately 

four hours each day it is in effect and 

the public will be made aware of the 

closure times via broadcast notices to 

mariners. The impact on routine 

navigation is expected to be minimal 

because vessel traffic is not excessive at 

that part of the river and traffic may be 

granted permission to enter the zone by 

the Captain of the Port or his 

representative if the situation allows.

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

the rule will affect your small business, 

organization, or government jurisdiction 

and you have questions concerning its 

provisions or options for compliance, 

please contact the person listed under 

FOR FURTHER INFORMATION CONTACT for 

assistance in understanding this rule. 

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 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 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism.

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59807

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531—1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Although this rule will not result in 

such an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not affect 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 

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 create an environmental risk to 

health or safety that may 

disproportionately affect children. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(g), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211.

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 amends 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. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. A new temporary § 165.T07–093 is 

added to read as follows:

§ 165.T07–093 Safety Zone St. Johns 

River, Jacksonville, FL 

(a) Regulated area. The safety zone 

will originate at position 30°14′37′′ N, 

081°39′45′′ W, and extend east to 

30°14′37′′ N, 081°38′00′′ W, then south to 

30°13′41′′ N, 081°38’00′′ W, then west to 

30°13′41′′ N, 081°39′48′′ W, then back to 

the original point. 

(b) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville, FL. 

(c) Dates. This rule is effective from 

October 28, 2004, through October 31, 

2004, and will be enforced from noon to 

4:00 p.m. for each day it is in effect.

Dated: August 26, 2004. 

David L. Lersch, 

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

Port Jacksonville.

[FR Doc. 04–22509 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Francisco Bay 04–024] 

RIN 1625–AA00 

Safety Zone; San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

SUMMARY: The Coast Guard is 

establishing a temporary fixed safety 

zone within the navigable waters of San 

Francisco Bay, CA, for a three-day 

minesweeping exercise called operation 

‘‘Lead Shield.’’ During the exercise, 

mine-hunting vessels will practice 

locating 6 dummy mine-shapes (nonexplosive training devices) positioned 

in the vicinity of Anchorage 8. The 

purpose of the safety zone is to provide 

for the safety of mariners in the vicinity 

as well as those involved in the exercise 

by allowing only those directly involved 

in the exercise to enter into, transit 

through, or anchor within the exercise 

area.

DATES: This rule is effective from 5 a.m. 

on October 5, 2004 to 8 p.m. on October 

7, 2004.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

the docket [COTP San Francisco Bay 

04–024] and are available for inspection 

or copying at Coast Guard Marine Safety 

Office San Francisco Bay, Coast Guard 

Island, Alameda, California, 94501, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Doug L. Ebbers, U.S. Coast 

Guard Marine Safety Office San 

Francisco Bay, at (510) 437–2770.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Due to the 

complex coordination involved in 

planning the event, major planning 

components of the mine-hunting