Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 65369

Western Balkans as well as persons 

indicted by the Criminal Tribunal for 

the Former Yugoslavia under parts 586 

and 587 of the OFAC regulations (31 

CFR 586 and 587). This rule removes 

outdated references to the individuals 

identified by the [FRYM] designation by 

deleting section 744.16 from the EAR. 

No license requirements under the EAR 

apply specifically to individuals with 

the [BALKANS] designation on the 

Specially Designated Nationals List. 

This rule also removes a reference to 

section 744.16 in section 744.1 of the 

EAR. 

Although the Export Administration 

Act expired on August 20, 2001, 

Executive Order 13222 of August 17, 

2001 (3 CFR, 2001 Comp., p. 783 

(2002)), as extended by the Notice of 

August 6, 2004 (69 FR 48763, August 

10, 2004), continues the Regulations in 

effect under the International 

Emergency Economic Powers Act.

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. Burden hours 

associated with the Paperwork 

Reduction Act and Office and 

Management and Budget control 

number 0694–0088 are not impacted by 

this regulation. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (Sec. 5 U.S.C. 553 (a)(1)). Further, 

no other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

5 U.S.C. 553 or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. Therefore, 

this regulation is issued in final form. 

Although there is no public comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sheila Quarterman, Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, P.O. 

Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism.

■ Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730–799) is amended as follows:

PART 744—[AMENDED]

■ 1. The authority citation for part 744 

continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., 

p.208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13224, 66 FR 49079, 3 

CFR, 2001 Comp., p. 786; Notice of October 

29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., 

p. 347; Notice of August 6, 2004, 69 FR 48763 

(August 10, 2004).

§ 744.1 [Amended]

■ 2. Section 744.1 is amended by 

removing from paragraph (a)(1) the 

sentence ‘‘Section 744.16 prohibits 

exports and reexports by U.S. persons of 

items subject to the EAR to persons 

designated pursuant to Executive Order 

13088, as amended by Executive Order 

13192, including Slobodan Milosevic, 

his close associates, and persons 

determined to be under open indictment 

by the International Criminal Tribunal 

for the former Yugoslavia.’’

§ 744.16 [Removed and reserved]

■ 3. Part 744 is amended by removing 

and reserving § 744.16.

Dated: November 2, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–25143 Filed 11–10–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–202] 

RIN 1625–AA09 

Drawbridge Operation Regulation: 

Atlantic Intracoastal Waterway, 

Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

temporarily changing the regulations 

that govern the operation of the S.R. 74 

Bridge across the Atlantic Intracoastal 

Waterway (AICW) mile 283.1, at 

Wrightsville Beach, NC. The rule allows 

the bridge to remain in the closed-tonavigation position from 7 p.m. to 10 

p.m. on November 27, 2004, to facilitate 

the Annual Boat Flotilla Parade.

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

to 10 p.m. on November 27, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket CGD05–04–

202 and are available for inspection or 

copying at Commander (obr), Fifth Coast 

Guard District, Federal Building, 1st 

Floor, 431 Crawford Street, Portsmouth, 

Virginia 23704–5004 between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (757) 398–6629. Fifth District 

maintains the public docket for this 

rulemaking.

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629.

SUPPLEMENTARY INFORMATION: 

Good Cause for Not Publishing a NPRM 

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 is impracticable and contrary 

to the public interest as the Annual Boat 

Flotilla Parade is scheduled for 

November 27th and immediate action is 

necessary to minimize the potential 

danger to the public. The bridge closure 

is a necessary measure to facilitate 

public safety that allows for the orderly 

movement of participants and vehicular 

traffic after the parade. 

Good Cause for Making Rule Effective 

in Less Than 30 Days 

Under 5 U.S.C. 533(d)(3), the Coast 

Guard finds that good cause exists for 

65370 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 

making this rule effective in less than 30 

days after publication in the Federal 

Register. A 30-day delayed effective 

date is impracticable and contrary to the 

public interest as the event is scheduled 

for November 27th and immediate 

action is necessary to ensure public 

safety and provide for the orderly 

movement of participants and vehicular 

traffic after the parade. 

Background and Purpose 

NCDOT, who owns and operates this 

drawbridge, requested a temporary 

change to the operating regulations for 

the S.R. 74 Bridge at Wrightsville Beach 

to facilitate the Annual Boat Flotilla 

Parade. The parade is an annual event, 

attracting spectators from the 

surrounding cities and states and the 

closure of the bridge to vessels will 

facilitate public safety by allowing for 

the orderly movement of participants 

and vehicular traffic after the event. 

The existing regulations are outlined 

at 33 CFR 117.821(a)(5). The bridge has 

a vertical clearance in the closed 

position to vessels at approximately 20 

feet, at mean high water. 

The Coast Guard has informed vessel 

operators with mast height greater than 

20 feet of the closure period for the 

bridge so that these vessels can arrange 

their transits to minimize impact after 

the parade. Vessels with mast heights 

lower than 20 feet still can transit 

through the drawbridge and the AICW 

during this event since the drawbridge 

is closed, not the waterway. 

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). 

This conclusion was based on the fact 

that this rule will have minimal impact 

on maritime traffic transiting this area. 

Since the AICW will remain open to 

navigation during this event, mariners 

with mast height less than 20 feet may 

still transit through the bridge and 

vessels with mast heights greater than 

20 feet can transit after the closed hours. 

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 not have a significant 

economic impact on a substantial 

number of small entities because even 

though the rule closes the S.R. 74 Bridge 

to mariners, those with mast heights less 

than 20 feet will still be able to transit 

through the bridge during the closed 

hours and mariners whose mast heights 

are greater than 20 feet will be able to 

transit after the closed hours. 

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. 

Small businesses may send comments 

on this action of Federal employee 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 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 

would not create an environmental risk 

to health or risk to safety that might 

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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. 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 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 65371

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 M16475.1D, 

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 (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 amends 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); § 117.255 also issued under 

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

5039.

■ 2. From 7 p.m. to 10 p.m. on November 

27, 2004, in § 117.821 suspend 

paragraph (a)(5) and add a temporary 

paragraph (a)(7) to read as follows:

§ 117.821 Atlantic Intracoastal Waterway, 

Albermarle Sound to Sunset Beach. 

(a) * * * 

(7) From 7 p.m. to 10 p.m. on 

November 27, 2004, the S.R. 74 Bridge 

mile 283.1 at Wrightsville Beach may 

remain closed to navigation.

* * * * *

Dated: November 1, 2004. 

Sally Brice-O’Hara, 

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

Fifth Coast Guard District.

[FR Doc. 04–25206 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–189] 

RIN 1625–AA09 

Drawbridge Operation Regulation: 

Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is changing 

the regulations that govern the operation 

of the Cape Fear River Memorial Bridge, 

at mile 26.8, in Wilmington, NC. This 

rule allows the bridge to remain in the 

closed-to-navigation position from 7:30 

a.m. to 11 a.m. on November 14, 2004, 

to facilitate the 7th Annual Battleship 

NC Half Marathon.

DATES: This rule is effective from 7:30 

a.m. to 11 a.m. on November 14, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket CGD05–04–

189 and are available for inspection or 

copying at Commander (obr), Fifth Coast 

Guard District, Federal Building, 4th 

Floor, 431 Crawford Street, Portsmouth, 

Virginia 23704–5004 between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is (757) 398–6629. Fifth District 

maintains the public docket for this 

rulemaking.

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629.

SUPPLEMENTARY INFORMATION: 

Good Cause for Not Publishing a NPRM 

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 is impracticable and contrary 

to the public interest as the 7th Annual 

Battleship North Carolina Half 

Marathon is scheduled for November 

14th and immediate action is necessary 

to minimize the potential danger to the 

public. The bridge closure is a necessary 

measure to facilitate public safety that 

allows for the orderly movement of 

participants and vehicular traffic during 

the marathon. 

Good Cause for Making Rule Effective 

in Less Than 30 days 

Under 5 U.S.C. 533(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective in less than 30 

days after publication in the Federal 

Register. A 30-day delayed effective 

date is impracticable and contrary to the 

public interest as the event is scheduled 

for November 14th and immediate 

action is necessary to ensure public 

safety and provide for the orderly 

movement of participants and vehicular 

traffic during the marathon. 

Background and Purpose 

NCDOT, who owns and operates this 

movable (vertical lift-type) bridge, 

requested a temporary change to the 

operating regulations for the Cape Fear 

River Memorial Bridge in Wilmington 

NC, to facilitate the 7th Annual 

Battleship NC Half Marathon. The 

marathon is an annual event, attracting 

participants from the surrounding cities 

and states. 

The existing regulations are outlined 

at 33 CFR 117.5, which requires the 

bridge to open on signal. The bridge has 

vertical clearances in the closed and full 

open positions to vessels of 65 feet and 

135 feet at mean high water, 

respectively. 

The Coast Guard has informed vessel 

operators with mast height greater than 

65 feet of the closure period for the 

bridge so that these vessels can arrange 

their transits to minimize impact during 

the marathon. Vessels with mast heights 

lower than 65 feet still can transit 

through the drawbridge across Cape 

Fear River during this event since the 

drawbridge is closed not the waterway.

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). 

This conclusion was based on the fact 

that this rule will have minimal impact 

on maritime traffic transiting this area. 

Since Cape Fear River will remain open 

to navigation during this event,