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, 

65372 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Rules and Regulations 

mariners with mast height less than 65 

feet may still transit through the bridge 

and vessels with mast heights greater 

than 65 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 Cape Fear 

River Memorial Bridge to mariners, 

those with mast heights less than 65 feet 

will still be able to transit through the 

bridge during the closed hours and 

mariners whose mast heights are greater 

than 65 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 (Public Law 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 

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 

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