Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 60595

Latitude Longitude

39°13′34.82′′ N 76°32′23.66′′ W 

39°13′22.25′′ N 76°32′28.90′′ W 

39°13′21.20′′ N 76°33′11.94′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 72 hours 

without a written permit from the 

Captain of the Port. 

(7) Anchorage No. 6, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°13′42.98′′ N 76°32′19.11′′ W 

39°13′20.65′′ N 76°31′55.58′′ W 

39°13′34.00′′ N 76°31′33.50′′ W 

39°14′01.95′′ N 76°32′02.65′′ W 

39°13′51.01′′ N 76°32′18.71′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 72 hours 

without a written permit from the 

Captain of the Port. 

(8) Anchorage No. 7, Dead ship 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°13′00.40′′ N 76°34′10.40′′ W 

39°13′13.40′′ N 76°34′10.81′′ W 

39°13′13.96′′ N 76°34′05.02′′ W 

39°13′14.83′′ N 76°33′29.80′′ W 

39°13′00.40′′ N 76°33′29.90′′ W 

(ii) The primary use of this anchorage 

is to lay up dead ships. Such use has 

priority over other uses. A written 

permit from the Captain of the Port must 

be obtained prior to the use of this 

anchorage for more than 72 hours. 

(b) Definitions. As used in this 

section: 

Class 1 (explosive) materials means 

Division 1.1, 1.2, 1.3, and 1.4 

explosives, as defined in 49 CFR 173.50. 

Dangerous cargo means certain 

dangerous cargo as defined in § 160.203 

of this title. 

(c) General regulations. (1) Except as 

otherwise provided, this section applies 

to vessels over 20 meters long and all 

vessels carrying or handling dangerous 

cargo or Class 1 (explosive) materials 

while anchored in an anchorage ground 

described in this section. 

(2) Except in cases where unforeseen 

circumstances create conditions of 

imminent peril, or with the permission 

of the Captain of the Port, no vessel 

shall be anchored in Baltimore Harbor 

and Patapsco River outside of the 

anchorage areas established in this 

section for more than 24 hours. No 

vessel shall anchor within a tunnel, 

cable or pipeline area shown on a 

government chart. No vessel shall be 

moored, anchored, or tied up to any 

pier, wharf, or other vessel in such 

manner as to extend into established 

channel limits. No vessel shall be 

positioned so as to obstruct or endanger 

the passage of any other vessel. 

(3) Except in an emergency, a vessel 

that is likely to sink or otherwise 

become a menace or obstruction to 

navigation or the anchoring of other 

vessels may not occupy an anchorage, 

unless the vessel obtains a permit from 

the Captain of the Port. 

(4) The Captain of the Port may grant 

a revocable permit to a vessel for a 

habitual use of an anchorage. Only the 

vessel that holds the revocable permit 

may use the anchorage during the 

period that the permit is in effect. 

(5) Upon notification by the Captain 

of the Port to shift its position, a vessel 

at anchor shall get underway and shall 

move to its new designated position 

within 2 hours after notification. 

(6) The Captain of the Port may 

prescribe specific conditions for vessels 

anchoring within the anchorages 

described in this section, including, but 

not limited to, the number and location 

of anchors, scope of chain, readiness of 

engineering plant and equipment, usage 

of tugs, and requirements for 

maintaining communication guards on 

selected radio frequencies. 

(7) No vessel at anchor or at a mooring 

within an anchorage may transfer oil to 

or from another vessel unless the vessel 

has given the Captain of the Port the 

four hours advance notice required by 

§ 156.118 of this title. 

(8) No vessel shall anchor in a ‘‘dead 

ship’’ status (propulsion or control 

unavailable for normal operations) 

without prior approval of the Captain of 

the Port. 

(d) Regulations for vessels handling or 

carrying dangerous cargoes or Class 1 

(explosive) materials.

(1) This paragraph (d) applies to every 

vessel, except a U.S. naval vessel, 

handling or carrying dangerous cargoes 

or Class 1 (explosive) materials. 

(2) The Captain of the Port may 

require every person having business 

aboard a vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while in an anchorage, other 

than a member of the crew, to hold a 

form of identification prescribed in the 

vessel’s security plan. 

(3) Each person having business 

aboard a vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while in an anchorage, other 

than a member of the crew, shall present 

the identification prescribed by 

paragraph (d)(2) of this section to any 

Coast Guard Boarding Officer who 

requests it. 

(4) Each non-self-propelled vessel 

handling or carrying dangerous cargoes 

or Class 1 (explosive) materials must 

have a tug in attendance at all times 

while at anchor. 

(5) Each vessel handling or carrying 

dangerous cargoes or Class 1 (explosive) 

materials while at anchor must display 

by day a bravo flag in a prominent 

location and by night a fixed red light.

Dated: September 28, 2004. 

Ben Thomason III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–22745 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–15–U

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–179] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Mantua Creek, Paulsboro, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

temporarily change the regulations that 

govern the operation of the S.R. 44 

bridge over Mantua Creek, at mile 1.7, 

in Paulsboro, New Jersey. The bridge 

will be closed to navigation from 8 a.m. 

on September 12, 2005, through 6 p.m. 

on December 9, 2005. The extensive 

structural, mechanical, and electrical 

repairs and improvements necessitate 

this closure.

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 26, 2004.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 4th Floor, 431 Crawford 

Street, Portsmouth, VA 23704–5004. 

The Fifth Coast Guard District maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Commander 

(obr), Fifth Coast Guard District between 

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Anton Allen, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6227.

60596 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–04–179 indicate 

the specific section of this document to 

which each comment applies, and give 

the reason for each comment. Please 

submit all comments and related 

material in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying. If you would like to know they 

reached us, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period. 

We may change this proposed rule in 

view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander 

(obr), Fifth Coast Guard District at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The New Jersey Department of 

Transportation (NJDOT) owns and 

operates the S.R. 44 Bridge over Mantua 

Creek in Paulsboro, NJ. The current 

regulations set out in 33 CFR 117.729 

require the draw to open on signal from 

March 1 through November 30 from 7 

a.m. to 11 p.m., and to open on signal 

at all other times upon four hours 

notice. 

Parsons Brinckerhoff, a design 

consultant, on behalf of NJDOT 

requested a temporary change to the 

existing regulations for the S.R. 44 

Bridge over Mantua Creek to facilitate 

necessary repairs. The repairs consist of 

structural rehabilitation and various 

mechanical, electrical repairs and 

improvements. To facilitate repairs, the 

vertical lift span must be closed to 

vessel traffic from 8 a.m. on September 

12, 2005, through 6 p.m. on December 

9, 2005.

The Coast Guard has reviewed bridge 

opening data provided by the New 

Jersey Department of Transportation. 

The data, from years 2000 to 2002, 

shows a substantial decrease in the 

numbers of bridge openings and vessel 

traffic transiting the area after the Labor 

Day weekend. Based on the data 

provided, the proposed closure dates 

will have minimal impact on vessel 

traffic. 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

the regulations governing the S.R. 44 

Bridge over Mantua Creek, mile 1.7, 

which currently opens on signal from 

March 1 through November 30 from 7 

a.m. to 11 p.m., and open on demand at 

all other times upon four hours notice. 

The Coast Guard proposes to suspend 

33 CFR § 117.729(b) and insert this new 

specific regulation at 33 CFR 

§ 117.729(c). 

Paragraph (c) would allow the draw to 

be closed to vessel traffic during the 

rehabilitation project from 8 a.m. on 

September 12, 2005, through 6 p.m. on 

December 9, 2005. 

Regulatory Evaluation 

This proposed 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. We established this 

conclusion based on historical data, and 

on the fact that the proposed closure 

dates support minimal impact due to 

the reduced number of vessels requiring 

transit through the bridge. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The off-season closure dates 

proposed for the bridge are designed to 

minimize the number of small entities 

affected. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed 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 Waverly W. 

Gregory, Jr., Bridge Administrator, Fifth 

Coast Guard District, (757) 398–6222. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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.

Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 60597

Civil Justice Reform 

This proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination 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. 

Energy Effects 

We have analyzed this proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 

proposed rule is categorically excluded, 

under figure 2–1, paragraph (32)(e) of 

the Instruction, from further 

environmental documentation.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

2. From 8 a.m. on September 12, 2005 

until 6 p.m. on December 9, 2005, in 

§ 117.729, suspend paragraph (b) and 

add a new paragraph (c) to read as 

follows:

§ 117.729 Mantua Creek.

* * * * *

(c) From 8 a.m. on September 12, 

2005, through 6 p.m. on December 9, 

2005, the S.R. 44 Bridge, mile 1.7, at 

Paulsboro, may remain closed to 

navigation.

Dated: September 22, 2004. 

Sally Brice-O’Hara, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District.

[FR Doc. 04–22848 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–168] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Christina River, Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the regulations that govern the 

operation of the Norfolk Southern (NS) 

Railroad Bridge across Christina River, 

at mile 1.4, in Wilmington, DE. The 

proposed change would maintain the 

bridge’s current level of operational 

capabilities and continue to provide for 

the reasonable needs of rail 

transportation and vessel navigation.

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 13, 2004.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 4th Floor, 431 Crawford 

Street, Portsmouth, VA 23704–5004. 

The Fifth Coast Guard District maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Commander 

(obr), Fifth Coast Guard District between 

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

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Anton Allen, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6227.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–04–168, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

a return receipt, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

submittals received during the comment