Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59801

with Indian Tribal Governments, 

because it would 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. We 

invite your comments on how this rule 

might impact tribal governments, even if 

that impact may not constitute a ‘‘tribal 

implication’’ under the Order. 

Energy Effects 

We have analyzed this rule under 

Executive Order 12211, 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. 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.

Environment 

We have considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.lD, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

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.

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. Add temporary § 165.T05–191 to 

read as follows:

§ 165.T05–191 Safety zone; Delaware River 

(a) Location. The following area is a 

temporary safety zone: All waters and 

adjacent shoreline of the Delaware River 

encompassed from the north end of Pier 

80 to south end of Pier 84 extending out 

50 yards into the channel. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807. 

(2) All persons desiring to transit 

through the safety zone must contact the 

Captain of the Port at telephone number 

(215) 271–4807 or on VHF channel 13 

or 16 to seek permission prior to 

transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port Philadelphia, PA or 

designated representative. 

(3) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(4) Mariners transiting in the vicinity 

of the safety zone should maintain the 

minimum safe speed necessary to 

maintain navigation. 

(c) Definition. The Captain of the Port 

means the Commanding Officer of the 

Coast Guard Marine Safety Office/Group 

Philadelphia or any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(d) Effective period. This section is 

effective from September 30, 2004 to 

February 1, 2005.

Dated: September 30, 2004. 

Jonathan D. Sarubbi, 

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

Port Philadelphia.

[FR Doc. 04–22504 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–135] 

RIN 1625–AA00 

Safety Zone; Upper Chesapeake Bay, 

Patapsco and Severn Rivers, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

portions of the upper Chesapeake Bay 

and its tributaries during the movement 

of the USS CONSTELLATION. This 

action is necessary to provide for the 

safety of life on navigable waters during 

the dead ship tow of the vessel from its 

berth in Baltimore, Maryland to the 

United States Naval Academy seawall in 

Annapolis, Maryland, and return. This 

action will restrict vessel traffic in 

portions of the Patapsco River 

(including the Inner Harbor and the 

Northwest Harbor), Chesapeake Bay and 

Severn River.

DATES: This rule is effective from 7 a.m. 

local time on October 26, 2004 to 5 p.m. 

local time on November 1, 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 

docket CGD05–04–135 and are available 

for inspection or copying at 

Commander, U.S. Coast Guard 

Activities, 2401 Hawkins Point Road, 

Building 70, Waterways Management 

Branch, Baltimore, Maryland, 21226–

1791 between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Houck, at Coast Guard Activities 

Baltimore, Waterways Management 

Branch, at telephone number (410) 576–

2674 or (410) 576–2693.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 2, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Safety Zone; Upper 

Chesapeake Bay, Patapsco and Severn 

Rivers, MD’’ in the Federal Register (69

59802 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

FR 46122). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

The USS CONSTELLATION Museum 

is celebrating the 150th anniversary of 

the launch of the USS Constellation in 

1854, and to commemorate this 

occasion, is sponsoring a dead ship tow 

of the historic sloop-of-war USS 

CONSTELLATION on October 26, 2004, 

from Baltimore, Maryland to Annapolis, 

Maryland. The event will mark the 23 

years that the ship was stationed at the 

Naval Academy as a training vessel, 

from 1871 to 1893. Planned events 

include an eight-hour dead ship tow of 

the USS CONSTELLATION with an 

onboard salute with Navy pattern 

cannon while off Fort McHenry 

National Monument and Historic Site. A 

return dead ship tow of the USS 

CONSTELLATION to Baltimore, 

Maryland is expected to occur on 

November 1, 2004. 

The Coast Guard anticipates a large 

recreational boating fleet during this 

event. Operators should expect 

significant vessel congestion along the 

planned route. 

The purpose of this rule is to promote 

maritime safety and protect participants 

and the boating public in the Port of 

Baltimore, in the approaches to 

Baltimore Harbor, and the Severn River 

immediately prior to, during, and after 

the scheduled event. The rule will 

provide for a clear transit route for the 

participating vessels, and provide a 

safety buffer around the participating 

vessels while they are in transit. The 

rule will impact the movement of all 

vessels operating in the specified areas 

of the upper Chesapeake Bay and its 

tributaries. 

Interference with normal port 

operations will be kept to the minimum 

considered necessary to ensure the 

safety of life on the navigable waters 

immediately before, during, and after 

the scheduled event. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments on the proposed rule during 

the comment period published in the 

NPRM. No public meeting was 

requested, and none was held. As a 

result, no substantive change to the 

proposed regulatory text was made. 

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). 

The Coast Guard received no 

comments on the proposed rule during 

the comment period published in the 

NPRM. As a result, no substantive 

change to the proposed regulatory text 

was made. 

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 on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to operate or anchor in 

portions of the Patapsco River 

(including the Inner Harbor and the 

Northwest Harbor), Chesapeake Bay and 

Severn River, Maryland. Because the 

zone is of limited size and duration, it 

is expected that there will be minimal 

disruption to the maritime community. 

Before the effective period, the Coast 

Guard will issue maritime advisories 

widely available to users of the river to 

allow mariners to make alternative 

plans for transiting the affected areas. In 

addition, smaller vessels not 

constrained by their draft, which are 

more likely to be owned by small 

entities, may transit around the zone 

and request permission from the 

Captain of the Port Baltimore on a caseby-case basis to enter the zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Under section 213(a) of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. Ronald 

Houck, at Coast Guard Activities 

Baltimore, Waterways Management 

Branch, at telephone number (410) 576–

2674. 

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. 

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. 

Though 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

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59803

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. This regulation 

establishes a safety zone. A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES.

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. Add § 165.T05–135 to read as 

follows:

§ 165.T05–135 Safety Zone; Upper 

Chesapeake Bay, Patapsco and Severn 

Rivers, MD. 

(a) Definitions. (1) Captain of the Port. 

For the purposes of this section, the 

term Captain of the Port means the 

Commander, Coast Guard Activities 

Baltimore or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the 

Commander, Coast Guard Activities 

Baltimore to act on his or her behalf. 

(2) USS CONSTELLATION dead ship 

tow participants. For the purposes of 

this section, the term USS 

CONSTELLATION dead ship tow 

participants includes the USS 

CONSTELLATION, and its 

accompanying towing and predesignated emergency egress vessels. 

(b) Location. The following area is a 

moving safety zone: all waters of the 

Patapsco River (including the Inner 

Harbor and the Northwest Harbor), 

Chesapeake Bay and Severn River, from 

surface to bottom, within 200 yards 

ahead of and 100 yards outboard and aft 

of the historic sloop-of-war USS 

CONSTELLATION, while operating 

from Baltimore, Maryland to Annapolis, 

Maryland, and return. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in § 165.23 of this part. 

(2) Persons or vessels requiring entry 

into or passage through a safety zone 

must first request authorization from the 

Captain of the Port. The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF 

channels 16 and 13. The Captain of the 

Port can be contacted at (410) 576–2693. 

(3) No vessel movement is allowed 

within the safety zone unless expressly 

authorized by the Captain of the Port or 

his designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 5 p.m. 

local time on October 26, 2004, and 

from 7 a.m. to 5 p.m. local time on 

November 1, 2004.

Dated: September 23, 2004. 

Curtis A. Springer, 

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

Port, Baltimore, Maryland.

[FR Doc. 04–22505 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 04–025] 

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 

adjacent to Alameda Point, San 

Francisco Bay, California, during the 

filming of a movie scene involving 

pyrotechnics. The safety zone is 

necessary to provide for the safety of 

mariners transiting in the vicinity of the 

filming location and for the safety of the 

actors and technicians working with the 

pyrotechnics. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or his designated 

representative.