Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58833

Original amendment submission 

date Date of final publication Citation/description 

* * * * * * * 

June 2, 2004 .................................. October 1, 2004 ............................. 312 IAC 25–6–31(c); 25–9–5(g); 25–9–8(b)(3) and (c). 

[FR Doc. 04–22018 Filed 9–30–04; 8:45 am] 

BILLING CODE 4310–05–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Jacksonville 04–112] 

RIN 1625–AA00 

Safety Zone: Port Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Atlantic Ocean in the Port Canaveral 

Entrance Channel. The safety zone is 

established for the safety of marine 

vessels transiting a shoaled area within 

the navigation channel as a result of 

Hurricane Frances.

DATES: This rule is effective from 10 

a.m. on September 10, 2004, through 10 

a.m. on December 10, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket COTP 

Jacksonville 04–112 and are available 

for inspection or 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 James R. Bigbie at Coast 

Guard Marine Safety Office, 

Jacksonville, FL, tel: (904) 232–2640, 

ext. 105.

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. Publishing 

an NPRM, which would incorporate a 

comment period before a final rule 

could be issued, and delaying the rule’s 

effective date are contrary to public 

safety because immediate action is 

necessary to protect the public and 

waters of the United States. 

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. Immediate action is necessary 

to protect the public and waters of the 

United States. 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 

This rule is needed to protect marine 

craft transiting the Port Canaveral 

Entrance Channel. The safety zone 

includes all those waters shoreward of 

a boundary that originates on the beach 

in position 28°21′24′′ N 080°36′12′′ W; 

and extends east to 28°21′24′′ N 

080°30′18′′ W; then north to 28°24′48′′ N 

080°30′18′′ W; then west to the beach 

where the zone will terminate at 

position 28°24′48′′ N 080°35′00′′ W. 

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 not reviewed it under that 

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 have 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 

upon a substantial number of small 

entities because although the safety 

zone will apply to all vessels transiting 

the port with a draft greater than 22 feet, 

traffic will be allowed to pass through 

the zone with the permission of the 

Coast Guard Captain of the Port and the 

impact on routine navigation is 

expected to be minimal. 

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 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 

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. 

58834 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

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 my 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 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 

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. 

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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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.

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 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; 

Department of Homeland Security Delegation 

No. 0170.

■ 2. A new temporary § 165.T07–112 is 

added to read as follows:

§ 165.T07–112 Safety Zone Cape 

Canaveral, FL. 

(a) Location. The Coast Guard is 

establishing a temporary safety zone in 

the Atlantic Ocean—Port Canaveral 

Channel. The safety zone includes all 

those waters shoreward of a boundary 

that originates on the beach in position 

28° 21′ 24′′ N 080° 36′ 12′′ W; and 

extends east to 28° 21′ 24′′ N 080° 30′

18′′ W; then north to 28° 24′ 48′′ N 080°

30′ 18′′ W; then west to the beach where 

the zone will terminate at position 28°

24′ 48′′ N 080° 35′ 00′′ W. Anchoring, 

mooring, or transiting within this zone 

is prohibited, unless authorized by the 

Captain of the Port, Jacksonville, FL. 

(b) Regulations. The general 

regulations governing safety zones as 

contained in 33 CFR 165.23 apply. 

Vessels with a draft of 22 feet or less 

may transit within this safety zone. 

Vessels with a draft greater than 22 feet 

may not operate within this safety zone 

without prior approval from the Captain 

of the Port, Jacksonville, FL. The 

Captain of The Port may be contacted on 

a 24 hour basis by calling Lieutenant 

Patrick Eiland at (321) 784–6781. 

(c) Dates. This rule is effective from 

10 a.m. on September 10, 2004, through 

10 a.m. on December 10, 2004.

Dated: September 10, 2004. 

David. L. Lersch, 

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

Port Jacksonville.

[FR Doc. 04–22141 Filed 9–30–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–04–117] 

RIN 1625–AA87 

Security Zone; Queen Mary II Visit, 

Portland, ME, Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a moving and fixed security 

zone around the Queen Mary II while in 

the Portland, Maine, Captain of the Port 

zone. This security zone is necessary to 

ensure public safety and prevent 

potential sabotage or terrorist acts 

against the vessel. Persons and vessels 

will be prohibited from entering this 

security zone without the permission of 

the Captain of the Port, Portland, Maine 

during the specified closure period.