Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 65373

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

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

Stat. 5039.

■ 2. Add temporary § 117.T824 to read as 

follows:

§ 117.T824 Cape Fear River. 

From 7:30 a.m. to 11 a.m. on 

November 14, 2004, the Cape Fear River 

Memorial Bridge, mile 26.8 at 

Wilmington, 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. 04–25207 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Mobile–04–034] 

RIN 1625–AA87 

Security Zone; Port of Mobile, Mobile 

Ship Channel, Mobile, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary security zones 

around all cruise ships while transiting 

or moored in the Port of Mobile and 

Mobile Ship Channel shoreward of the 

Mobile Sea Buoy. These security zones 

are needed to ensure the safety and 

security of these vessels. Entry into 

these zones is prohibited, unless 

specifically authorized by the Captain of 

the Port Mobile, or a designated 

representative.

DATES: This rule is effective from 8 a.m. 

(c.s.t.) on October 14, 2004, until 6 p.m. 

(c.s.t.) on April 14, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [COTP 

Mobile–04–034] and are available for 

inspection or copying at Marine Safety 

Office Mobile, Brookley Complex, Bldg 

102, South Broad Street, Mobile, AL 

36615–1390 between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (LT) Maurice York, 

Operations Department, Marine Safety 

Office Mobile, at (251) 441–5940.

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, and under 

5 U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Publishing an NPRM and 

delaying its effective date would be 

contrary to public interest because 

immediate action is needed to protect 

cruise ships and passengers from 

destruction, loss, or injury from 

sabotage or other subversive acts, 

accidents, or other causes of a similar 

nature while a cruise ship is transiting 

the Mobile Ship Channel or Port of 

Mobile, and while moored in the Port of 

Mobile. 

This rule is temporary. But because of 

continued security concerns, the Coast 

Guard does intend to establish similar 

permanent security zones. A NPRM will 

be published in the Federal Register

and will allow the public an 

opportunity to comment on that 

proposed rule. 

Background and Purpose 

On September 11, 2001, both towers 

of the World Trade Center and the 

Pentagon were attacked by terrorists. 

The President has continued the 

national emergencies he declared 

following those attacks (69 FR 55313, 

Sep. 13, 2004) (continuing the 

emergency declared with respect to 

terrorist attacks); (69 FR 56923, Sep. 22, 

2002) (continuing emergency with 

respect to persons who commit, threaten 

to commit or support terrorism). The 

President also has found pursuant to 

law, including the Magnuson Act (50 

U.S.C. 191 et seq.), that the security of 

the United States is and continues to be 

endangered following the terrorist 

attacks (E.O. 13,273, 67 FR 56215 (Sep. 

3, 2002) (security of U.S. endangered by 

disturbances in international relations 

of U.S and such disturbances continue 

to endanger such relations)). In response 

to these terrorist acts and warnings, 

heightened awareness for the security 

and safety of all vessels, ports, and 

harbors is necessary. Due to the 

increased security concerns surrounding 

the transit of cruise ships, the Captain 

of the Port Mobile is establishing a 

temporary security zone around all 

cruise ships while such vessels are 

transiting the Mobile Ship Channel or 

Port of Mobile, and while moored in the 

Port of Mobile. 

Discussion of Rule 

The Coast Guard is establishing 

temporary security zones for the Port of 

Mobile and Mobile Ship channel. This 

rule establishes security zones that 

prohibit movement within 25 yards of 

all cruise ships while moored in the 

Port of Mobile, and prohibits movement 

within 100 yards of any cruise ship 

while transiting the Mobile Ship 

Channel or the Port of Mobile. For the 

purpose of this rule the term ‘‘cruise 

ship’’ is defined as a passenger vessel 

over 100 gross tons, carrying more than 

12 passengers for hire, making a voyage 

lasting more than 24 hours any part of 

which is on the high seas, and for which 

passengers are embarked or 

disembarked in the United States or its 

territories. This definition covers 

passenger vessels that must comply 

with 33 CFR parts 120 and 128. 

These security zones will be enforced 

when a cruise ship transiting inbound 

passes the Mobile Sea Buoy in 

approximate position 28°07′50′′ N, 

88°04′12′′ W, at all times during transit 

through the Mobile Ship Channel and 

Port of Mobile, and while moored in the 

Port of Mobile. A security zone will 

exist during each cruise ship’s transit 

outbound the Port of Mobile and the 

Mobile Ship Channel. Enforcement of 

the security zone will cease once the 

cruise ship passes the Mobile Sea Buoy 

on its outbound voyage.

These security zones are needed to 

protect the safety of life, property and 

the environment in the area. All vessels 

are prohibited from moving within these 

zones unless specifically authorized by 

the Captain of the Port Mobile, or a 

designated representative. 

Persons or vessels that desire to enter 

into one of these security zones for the 

purpose of passing or overtaking a 

cruise ship that is in transit on the 

Mobile Ship Channel or in the Port of 

Mobile must contact the on-scene Coast 

Guard representative, request 

permission to conduct such action, and 

receive authorization from the on-scene 

Coast Guard representative prior to 

initiating such action. The on-scene 

Coast Guard representative may be 

contacted on VHF–FM channel 16. All 

persons and vessels authorized to enter 

into a security zone must obey any 

direction or order of the Captain of the 

Port or designated representative. 

The Captain of the Port Mobile or a 

designated representative will inform 

the public through broadcast notice to 

mariners of the enforcement periods for 

these security zones. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

65374 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 

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). 

These security zones will only be 

enforced while cruise ships are located 

shoreward of the Mobile Sea Buoy, are 

transiting the Mobile Ship Channel, and 

are moored in the Port of Mobile. Once 

a cruise ship is moored in the Port of 

Mobile, the security zone will be 

reduced to only 25 yards around the 

cruise ship. While the cruise ship is 

moored, other vessels will be able to 

safely transit around this zone provided 

they approach no closer than 25 yards. 

Additionally, while a cruise ship is in 

transit on the Mobile Ship Channel or 

in the Port of Mobile, the Captain of the 

Port or a designated representative may 

allow other persons or vessels to enter 

into the security zone for the purpose of 

passing or overtaking a cruise ship if 

such persons or vessels obtain 

permission from the on-scene Coast 

Guard representative prior to initiating 

such action.

Notifications of the enforcement 

periods of these security zones will be 

made to the marine community through 

broadcast notice to mariners. The 

impacts on routine navigation are 

expected to be minimal. 

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 for 

the reasons enumerated under the 

Regulatory Evaluation section of this 

rule. 

If you are a small business entity and 

are significantly affected by this 

regulation please contact LT Maurice 

York, Operations Department, Marine 

Safety Office Mobile, at (251) 441–5940. 

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 they may 

better evaluate its effects on them and 

participate in the rulemaking process. 

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). 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 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 this rule 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 

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. 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 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 this rule is not 

expected to result in any significant 

adverse environmental impact as 

described in the National 

Environmental Policy Act of 1969 

(NEPA). 

A final ‘‘Environmental Analysis 

Checklist’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 65375

available for inspection or copying 

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. A new § 165.T08–139 is added to 

read as follows:

§ 165.T08–139 Security Zone; Port of 

Mobile, Mobile Ship Channel, Mobile, AL. 

(a) Definition. As used in this 

section—

Cruise ship means a passenger vessel 

over 100 gross tons, carrying more than 

12 passengers for hire, making a voyage 

lasting more than 24 hours any part of 

which is on the high seas, and for which 

passengers are embarked or 

disembarked in the United States or its 

territories. This definition covers 

passenger vessels that must comply 

with 33 CFR parts 120 and 128. 

(b) Location. The following areas are 

security zones: all waters of the Port of 

Mobile and Mobile Ship Channel—

(1) Within 100 yards of a cruise ship 

that is transiting shoreward of the 

Mobile Sea Buoy (located in 

approximate position 28°07′50′′ N, 

88°4′12′′ W; NAD 83), and 

(2) Within 25 yards of a cruise ship 

that is moored shoreward of the Mobile 

Sea Buoy. 

(c) Effective period. This section is 

effective from 8 a.m. (CST) on October 

14, 2004, until 6 p.m. (CST) on April 14, 

2005. 

(d) Periods of Enforcement. This rule 

will only be enforced when a cruise 

ship is transiting the Mobile Ship 

Channel shoreward of the Mobile Sea 

Buoy, while transiting in the Port of 

Mobile, or while moored in the Port of 

Mobile. 

(e) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into a security zone is 

prohibited unless authorized by the 

Captain of the Port Mobile or a 

designated representative. 

(2) While a cruise ship is transiting on 

the Mobile Ship Channel shoreward of 

the Mobile Sea Buoy, and while 

transiting in the Port of Mobile, all 

persons and vessels are prohibited from 

entering within 100 yards of a cruise 

ship. 

(3) While a cruise ship is moored in 

the Port of Mobile, all persons and 

vessels are prohibited from entering 

within 25 yards of a cruise ship. 

(4) Persons or vessels that desire to 

enter into the security zone for the 

purpose of passing or overtaking a 

cruise ship that is in transit on the 

Mobile Ship Channel or in the Port of 

Mobile must contact the on-scene Coast 

Guard representative, request 

permission to conduct such action, and 

receive authorization from the on-scene 

Coast Guard representative prior to 

initiating such action. The on-scene 

Coast Guard representative may be 

contacted on VHF–FM channel 16. 

(5) All persons and vessels authorized 

to enter into this security zone shall 

obey any direction or order of the 

Captain of the Port or designated 

representative. The Captain of the Port 

Mobile may be contacted by telephone 

at (251) 441–5976. The on-scene Coast 

Guard representative may be contacted 

on VHF–FM channel 16. 

(6) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Mobile and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard.

Dated: October 15, 2004. 

Gary T. Croot, 

Commander, U.S. Coast Guard, Captain of 

the Port Mobile, Acting.

[FR Doc. 04–25129 Filed 11–10–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R07–OAR–2004–IA–0005; FRL–7836–4] 

Approval and Promulgation of State 

Implementation Plans; State of Iowa

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is announcing a revision 

to the Iowa State implementation plan 

(SIP) establishing exemptions for 

equipment that is either used for 

nonproduction activities or exhausted 

inside a building, to establish an 

exemption for manually-operated 

equipment, and to establish exemptions 

for emission units that can be classified 

as small units. The State has determined 

that air pollution emissions from this 

equipment are negligible and these 

exemptions are likely to result in no 

significant impact on human health or 

the environment.

DATES: This direct final rule will be 

effective January 11, 2005, without 

further notice, unless EPA receives 

adverse comment by December 13, 

2004. If adverse comment is received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R07–OAR–

2004–IA–0005, by one of the following 

methods: 

1. Federal eRulemaking Portal: http:

//www.regulations.gov. Follow the online instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search;’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: hamilton.heather@epa.gov. 

4. Mail: Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

5. Hand Delivery or Courier: Deliver 

your comments to Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

RME ID No. R07–OAR–2004–IA–0005. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment.