60592 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 

(g) Destruction. (1) Property not 

otherwise disposed of may be destroyed.

(2) Destruction will be accomplished 

in accordance with the requirements of 

41 CFR Subpart 101–45.9.

(3) When destroyed, the fact, manner, 

and date of destruction and the type and 

quantity destroyed must be certified by 

the official actually destroying the 

property.

(4) No duly authorized officer of 

NOAA shall be liable for the destruction 

or other disposition of property made 

pursuant to this section.

(h) Record-keeping. A disposal form 

will be completed each time property is 

disposed of pursuant to the policy and 

procedure established herein, and will 

be retained in the case file for the 

property. These forms will be available 

to the public.

§ 904.510 Return of seized property.

(a) Return. In cases where NOAA, in 

its sole discretion, determines that 

forfeiture of seized property would not 

be in the best interest of the 

Government, NOAA will make a 

reasonable attempt to determine the 

party that the facts of record indicate 

has a predominant ownership interest in 

the seized property and, provided such 

a determination can be made, will 

arrange for return of the seized property 

to that party by appropriate means.

(b) Notice. NOAA will mail notice of 

the return of property by registered or 

certified mail, return receipt requested, 

to the owner, consignee, or other party 

the facts of record indicate has an 

interest in the seized property. The 

notice will describe the seized property, 

state the time, place, and reason for the 

seizure and return, and will identify the 

owner or consignee, and if appropriate, 

the bailee of the seized property. The 

notice of the return also will state that 

the party to whom the property is being 

returned is responsible for any 

distribution of the property to any party 

who holds a valid claim, right, title or 

interest in receiving the property, in 

whole or in part. The notice also will 

provide that on presentation of the 

notice and proper identification, and the 

signing of a receipt provided by NOAA, 

the seized property is authorized to be 

released.

[FR Doc. 04–22598 Filed 10–6–04; 1:20 am]

BILLING CODE 3510–12–S

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[CGD05–03–036] 

RIN 1625–AA01 

Baltimore Harbor Anchorage Project

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend the geographic coordinates and 

modify the regulated use of the 

anchorages in Baltimore Harbor, MD. 

Since publication of the previous 

supplemental notice of proposed 

rulemaking (SNPRM), the Coast Guard 

also proposes to change the 

requirements for visitors on board 

vessels carrying Certain Dangerous 

Cargoes (CDC) and to reinstate time 

restrictions, inadvertently excluded 

from the notice of proposed rulemaking 

(NPRM) and previous SNPRM, for 

vessels anchored in designated 

anchorage grounds. This supplemental 

notice of proposed rulemaking solicits 

comments for those changes plus all 

original changes in the NPRM and the 

two changes published in the first 

SNPRM. An explanation of the 

additional changes can be found in the 

‘‘Discussion of Rule’’ section of this 

document.

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 13, 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 CGD05–03–036 and are available 

for inspection or copying at 

Commander, Fifth Coast Guard District 

(oan), 431 Crawford Street, Portsmouth, 

VA, 23704–5004 between 9 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Timothy 

Martin, Fifth Coast Guard District Aids 

to Navigation and Waterways 

Management Branch, (757) 398–6285, 

email: trmartin@lantd5.uscg.mil.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

The Coast Guard encourages 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 

(CGD05–03–036), 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. 

Regulatory Information 

On July 2, 2003, we published a 

notice of proposed rulemaking (NPRM) 

(68 FR 39503) entitled Baltimore Harbor 

Anchorage Project in the Federal 

Register. We received one phone call 

commenting on the NPRM. No public 

hearing was requested, and none was 

held. 

On January 14, 2004 we published a 

supplemental notice of proposed 

rulemaking (SNPRM) (69 FR 2095) also 

entitled Baltimore Harbor Anchorage 

Project in the Federal Register. Since 

then some point coordinates outlining 

Anchorages 1, 2, 5, 6, and 7 have been 

refined through telephone and email 

correspondences with the National 

Oceanic and Atmospheric 

Administration (NOAA) and the U.S. 

Army Corps of Engineers better aligning 

the new anchorages with the Federal 

Navigation project. 

In the NPRM and previous SNPRM, 

with the exception of specific time 

limitations in three of the anchorages, 

the regulatory text omitted the language 

from the current regulation regarding 

the length of time a vessel may remain 

anchored in the general anchorages. The 

changes to this rule do not affect the 

time limitations set out in the current 

regulation and therefore, that language 

will be reinstated in the regulatory text 

in the final rule. 

Background and Purpose 

The U.S. Army Corps of Engineers 

received Congressional authorization for 

the Baltimore Harbor Anchorage project 

in September 2001. The objective of this 

project was to increase the project 

depths of Anchorages 3 and 4 to 42ft 

and 35ft respectively. The original 

Federal anchorage project for Baltimore 

Harbor was designed to accommodate 

cargo ships with maximum drafts of 33ft 

and lengths of 550ft. The new 

dimensions of the anchorages were 

changed to accommodate larger ships 

calling on the Port that routinely 

approach 1000ft length, with drafts of 

36 to 38 feet or more. The new

Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 60593

coordinates established for Anchorages 

2, 3, and 4, also accommodate the 

widening of the Dundalk West Channel, 

a north/south Federal navigation project 

located between Anchorage 3 and 

Anchorage 4 and widening of the 

Dundalk East Channel, bordering 

Anchorage 4. Anchorage 3 was divided 

into two sections: Anchorage 3 Lower 

(2200′ × 2200′ × 42ft mean lower low 

water (MLLW)) and Anchorage 3 Upper 

(1800′ × 1800′ × 42ft MLLW). Anchorage 

4 was also modified (1850′ × 1800′ × 35ft 

MLLW). 

Dredging for the Baltimore Harbor 

Anchorage was completed in May 2003. 

Discussion of Rule 

Since the previous SNPRM was 

published, the Coast Guard proposed 

additional changes by refining the 

positions of three coordinates 

surrounding Anchorages 2. The 

coordinates appeared to enter or come 

close to entering the Federal navigation 

project when viewed in automatic 

computer aided drafting (AUTOCAD) 

software. The proposed changes will 

remove any ambiguity in boundary lines 

when depicted on NOAA charts. The 

following three points outlining 

Anchorage 2 were changed:

Latitude Longitude

(1) 39°14′56.1′′ N 76°33′37.1′′ W 

(2) 39°15′14.8′′ N 76°32′59.6′′ W 

(3) 39°14′41.1′′ N 76°32′27.2′′ W 

The new positions are:

Latitude Longitude

(1) 39°14′56.96′′ N 76°33′37.15′′ W 

(2) 39°15′14.19′′ N 76°32′57.76′′ W 

(3) 39°14′41.37′′ N 76°32′27.38′′ W 

Since the width of Fort McHenry 

Channel was decreased from 800 feet to 

700 feet Anchorage 1 has been 

positioned closer to the channel using 

USACE coordinates to facilitate access 

to that anchorage. The four points 

defining Anchorage 1 were changed and 

are reflected in the proposed regulation. 

Although not maintained by the 

USACE the coordinates defining 

Anchorages 5, 6, and, 7 have been 

adjusted to better align those anchorages 

with the Federal navigation project. 

The language requiring noncrewmembers to carry a pass issued by 

the Captain of the Port (COTP) while 

visiting ships at anchor carrying 

dangerous cargo or Class I (explosive) 

materials has been removed. The Coast 

Guard may include the requirement to 

carry a pass in the future. The remaining 

language allows the COTP to request all 

visitors to anchored vessels carrying 

dangerous cargo to carry a form of 

identification prescribed in the vessel’s 

security plan. This proposed change 

will incorporate language consistent 

with other anchorage regulations. 

Time restrictions inadvertently left 

out of the NPRM and previous SNPRM 

have been reinstated throughout the 

regulation. In § 110.158 paragraph (a) 

time restrictions are listed in 

subparagraphs (1)(B), (2)(B), (3)(B), 

(4)(B), (5)(B), (6)(B), and (7)(B). 

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 

(DHS). 

The deepening of Anchorage 3 and 

Anchorage 4 within the Port of 

Baltimore accommodates deep draft 

vessels waiting for an open berth. The 

Coast Guard does not expect that these 

new regulations will adversely impact 

maritime commerce. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this proposed 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 would 

not have a significant economic impact 

on a substantial number of small 

entities. This proposed may affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels used for chartering, 

taxi, ferry services, or any other marine 

traffic that transit this area of Fort 

McHenry Channel in Baltimore Harbor. 

Changes to Anchorage No. 3 and 

Anchorage No. 4 may change the vessel 

routing through this area of the harbor. 

Deepening the anchorages and changing 

the coordinates for the anchorages will 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons. Vessel traffic 

can pass safely around the new 

anchorage areas. The new coordinates 

for the anchorages are a change in 

dimension, the size of which will 

remain proportional to its current size, 

and their location will not interfere with 

commercial traffic. 

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 proposed so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. If the proposed would affect 

your small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

LTJG Timothy Martin at the address 

listed (see ADDRESSES). 

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 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 expenditure, we do 

discuss possible effects in the section 

titled Small Entities in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation,

60594 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 

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 does not create and 

environmental risk to health or risk to 

safety that may 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 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 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. 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. 

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 

M16475.1D, 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)(f), of the 

Instruction, from further environmental 

documentation. This rule changes the 

size of Anchorage No. 2, Anchorage No. 

3 and Anchorage No. 4 and modifies the 

regulated uses of these anchorages. 

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 110 

Anchorage Regulations

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows:

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority citation for part 110 

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 110.158 to read as follows:

§ 110.158 Baltimore Harbor, MD. 

All positions in this section use North 

American Datum 1983. 

(a) Anchorage Grounds 

(1) Anchorage No. 1, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°15′13.51′′ N 76°34′07.76′′ W 

39°15′11.01′′ N 76°34′11.69′′ W 

39°14′52.98′′ N 76°33′52.67′′ W 

39°14′47.90′′ N 76°33′40.73′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 12 hours 

without permission from the Captain of 

the Port. 

(2) Anchorage No. 2, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°14′46.23′′ N 76°33′25.82′′ W 

39°14′56.96′′ N 76°33′37.15′′ W 

39°15′08.55′′ N 76°33′37.65′′ W 

Latitude Longitude

39°15′19.28′′ N 76°33′24.49′′ W 

39°15′19.33′′ N 76°33′14.32′′ W 

39°15′14.19′′ N 76°32′57.76′′ W 

39°15′06.87′′ N 76°32′45.48′′ W 

39°14′41.37′′ N 76°32′27.38′′ W 

39°14′30.93′′ N 76°32′33.52′′ W 

39°14′46.27′′ N 76°32′49.69′′ W 

39°14′43.76′′ N 76°32′53.62′′ W 

39°14′57.51′′ N 76°33′08.13′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 72 hours 

without a written permit from the 

Captain of the Port. 

(3) Anchorage No. 3, Upper, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°14′32.48′′ N 76°33′11.31′′ W 

39°14′46.23′′ N 76°33′25.82′′ W 

39°14′57.51′′ N 76°33′08.13′′ W 

39°14′43.76′′ N 76°32′53.62′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 24 hours 

without permission from the Captain of 

the Port. 

(4) Anchorage No. 3, Lower, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°14′32.48′′ N 76°33′11.31′′ W 

39°14′46.27′′ N 76°32′49.69′′ W 

39°14′30.93′′ N 76°32′33.52′′ W 

39°14′24.40′′ N 76°32′39.87′′ W 

39°14′15.66′′ N 76°32′53.58′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 72 hours 

without a written permit from the 

Captain of the Port. 

(5) Anchorage No. 4, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°13′52.91′′ N 76°32′29.60′′ W 

39°14′05.91′′ N 76°32′43.30′′ W 

39°14′07.30′′ N 76°32′43.12′′ W 

39°14′17.96′′ N 76°32′26.41′′ W 

39°14′05.32′′ N 76°32′13.09′′ W 

39°14′00.46′′ N 76°32′17.77′′ W 

(ii) No vessel shall remain in this 

anchorage for more than 72 hours 

without a written permit from the 

Captain of the Port. 

(6) Anchorage No. 5, general 

anchorage.

(i) The waters bounded by a line 

connecting the following points:

Latitude Longitude

39°14′07.89′′ N 76°32′58.23′′ W 

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.