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

59808 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

exercise were only recently completed, 

and the logistical details surrounding 

the location and schedule were not 

finalized and presented to the Coast 

Guard in time to draft and publish an 

NPRM. As such the exercise would 

occur before the rulemaking process was 

complete. Any delay in implementing 

this rule would be contrary to the public 

interest since immediate action is 

necessary to temporarily close the area 

in order to protect the maritime public 

from the hazards associated with the 

mine-hunting exercise. 

For the same reasons stated above, 

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. 

Background and Purpose 

As part of the Navy’s efforts to 

develop and maintain proficiency in 

anti-terrorism and force protection, 

Operation ‘‘Lead Shield’’ provides an 

important training opportunity for 

several naval vessels to hone their minehunting skills. The Operation involves 

the placement of 6 dummy mine-shapes 

within Anchorage 8 and the dredged 

channel immediately south of 

Anchorage 8 in San Francisco Bay. This 

safety zone is necessary 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 while mine-hunting operations are 

being conducted. 

Discussion of Rule 

The following area will constitute a 

temporary safety zone: All navigable 

waters of Anchorage 8 and all navigable 

waters of the channel located between 

Anchorage 8 and Anchorage 9 as 

bounded by the following positions: 

37°46′40′′ N, 122°21′23′′ W; thence to 

37°46′28′′ N, 122°21′17′′ W; thence to 

37°46′22′′ N, 122°19′07′′ W; thence to 

37°46′05′′ N, 122°18′31′′ W; thence to 

37°46′18′′ N, 122°17′55′′ W; thence to 

37°46′32′′ N, 122°17′59′′ W; thence 

returning to the point of origin. Entry 

into, transit through or anchoring within 

the safety zone is prohibited, unless 

authorized by the Captain of the Port, or 

his designated representative. 

U.S. Coast Guard personnel will 

enforce this safety zone. Other Federal, 

State, or local law enforcement agencies 

may assist the Coast Guard, including 

the Coast Guard Auxiliary. Section 

165.23 of Title 33, Code of Federal 

Regulations, prohibits any unauthorized 

person or vessel from entering or 

remaining in a safety zone. Vessels or 

persons violating this section may be 

subject to the penalties set forth in 33 

U.S.C. 1232 and 50 U.S.C. 192. Pursuant 

to 33 U.S.C. 1232, any violation of the 

security zone described herein, is 

punishable by civil penalties (not to 

exceed $32,500 per violation, where 

each day of a continuing violation is a 

separate violation), criminal penalties 

(imprisonment from 5 to 10 years and a 

maximum fine of $250,000) and in rem 

liability against the offending vessel. 

Any person who violates this section 

using a dangerous weapon, or who 

engages in conduct that causes bodily 

injury or fear of imminent bodily injury 

to any officer authorized to enforce this 

regulation also faces imprisonment from 

10 to 25 years. Vessels or persons 

violating this section may also be 

subject to the penalties set forth in 50 

U.S.C. 192: Seizure and forfeiture of the 

vessel to the United States, a maximum 

criminal fine of $10,000, and 

imprisonment up to 10 years, and a 

maximum civil penalty of $25,000 for 

each day of a continuing violation.

Regulatory Evaluation 

This rule 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 costs 

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). 

Although this safety zone will restrict 

boating traffic within the vicinity of 

Anchorage 8 in San Francisco Bay, the 

effect of this regulation will not be 

significant for several reasons: vessel 

traffic can pass safely around the area, 

vessels engaged in recreational activities 

and sightseeing have ample space 

outside of the safety zone to engage in 

these activities, and this zone will 

encompass only a small portion of the 

waterway for a limited period of time. 

The entities most likely to be affected 

are pleasure craft engaged in 

recreational activities and sightseeing. 

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. 

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 

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 

could 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, options for 

compliance, or assistance in 

understanding this rule, please contact 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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 contains no new collection 

of information requirements 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. 

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 a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59809

Though this rule will not result in such 

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 risk to 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 a 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 a 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 because we are 

establishing a safety zone. 

A final ‘‘Environmental Analysis 

Checklist’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available for review in the docket 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reports and record keeping 

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. Add § 165.T11–042 to read as 

follows:

§ 165.T11–042 Safety Zone: San Francisco 

Bay, CA. 

(a) Location. The following area is 

designated as a safety zone: All of 

Anchorage 8 as described in 33 CFR 

§ 110.224(e)(5) as well as the channel 

between Anchorage 8 and Anchorage 9 

as bounded by the following positions: 

37°46′40′′ N, 122°21′23′′ W; thence to 

37°46′28′′ N, 122°21′17′′ W; thence to 

37°46′22′′ N, 122°19′07′′ W; thence to 

37°46′05′′ N, 122°18′31′′ W; thence to 

37°46′18′′ N, 122°17′55′′ W; thence to 

37°46′32′′ N, 122°17′59′′ W; thence 

returning to the point of origin. [NAD 

83] 

(b) Regulations. (1) 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. 

(2) Persons desiring to transit the area 

of the safety zone may contact the 

Captain of the Port at telephone number 

415–399–3547 or on VHF–FM channel 

16 (156.8 Mhz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his designated 

representative. 

(c) Enforcement. All persons and 

vessels shall comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. Patrol personnel 

comprise commissioned, warrant, and 

petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

(d) Effective Dates. This safety zone 

will be in effect from 5 a.m. on October 

5, 2004 to 8 p.m. on October 7, 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 27, 2004. 

Gordon A. Loebl, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, San Francisco Bay, 

California.

[FR Doc. 04–22511 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

37 CFR Part 2 

[Docket No. 2004–T–046] 

RIN 0651–AB82 

Waiver of Pixel Requirement for 

Drawings Filed Electronically

AGENCY: Patent and Trademark Office, 

Commerce.