Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68807

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 my result in the expenditure by 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Although 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 

does not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

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. Under figure 2–1, 

paragraph (34)(g), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

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 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 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.

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 temporary § 165.T–07–132 is 

added to read as follows:

§ 165.T–07–132 Safety Zone St. Johns 

River, Jacksonville, Florida. 

(a) Regulated area. The Coast Guard is 

establishing a temporary safety zone on 

the St. Johns River extending 210 feet 

east and west of the Main Street Bridge 

in position 30° 19.39′N, 081°39.53′W 

and 210 feet east of the Acosta Bridge 

in position 30°19.32′N, 081°39.84′W, 

and 500 yards around both fireworks 

barges, one located in front of the 

Landing and the other in front of the 

Adam’s Mark Hotel. 

(b) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited 

unless authorized by the Coast Guard 

Captain of the Port Jacksonville, Florida. 

(c) Dates. This rule is effective from 

8 p.m. to 9:30 p.m. on November 27, 

2004.

Dated: November 2, 2004. 

David L. Lersch, 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville.

[FR Doc. 04–26098 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[COTP Savannah–04–139] 

RIN 1625–AA00

Safety Zone; Savannah River, 

Savannah, GA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing all waters of the 

Savannah River from the Talmadge 

Bridge to the east end of the Marriott 

hotel. This regulation is necessary to 

protect life and property on the 

navigable waters of the Savannah River 

due to possible dangers associated with 

the annual Savannah Harbor Boat 

Parade of Lights. No vessel may enter 

the safety zone without the permission 

of the Captain of the Port Savannah.

DATES: This rule is effective from 4:45 

p.m. on November 26, 2004, until 9:30 

p.m. on November 26, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (COTP 

Savannah–04–139) and are available for 

inspection or copying at Coast Guard 

Marine Safety Office, 100 W. 

Oglethorpe, Savannah, GA 31401 

68808 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

between 7:30 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT 

Anthony Quirino, Coast Guard Marine 

Safety Office Savannah, 912–652–4353.

SUPPLEMENTARY INFORMATION:

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

rule. Under 5 U.S.C. 553(b), the Coast 

Guard finds that good cause exists for 

not publishing a NPRM. Publishing a 

NPRM, which would incorporate a 

comment period before a final rule 

could be issued, would be contrary to 

public safety interests since immediate 

action is needed to minimize potential 

danger to the public. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

The temporary safety zone will 

encompass all waters of the Savannah 

River from the Talmadge Bridge 

(32°05′19′′ N 081°05′58′′ W) to the east 

end of the Marriott hotel (32°04′52′′ N 

81°05′18′′ W). The temporary safety 

zone will be effective from 4:45 p.m. on 

November 26, 2004, until 9:30 p.m. on 

November 26, 2004. Marine traffic will 

not be permitted to enter the safety zone 

without the permission of the Captain of 

the Port Savannah or his representative. 

Any concerned traffic can contact the 

representative of the Captain of the Port 

on board the U.S. Coast Guard vessel, 

which will be on scene throughout the 

event. Traffic needing permission to 

pass through this safety zone can 

contact the representative for the COTP 

on VHF-FM channel 16 or via phone at 

(912) 652–4181. 

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) because marine traffic should be 

able to safely transit around the safety 

zone and may be allowed to enter the 

zone with the permission of the COTP 

or his representative. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we 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 

because small entities and marine traffic 

should be able to safely transit around 

the safety zone and may be allowed to 

enter the zone with the permission of 

the COTP. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pubic Law 104–

121), we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small entities may contact the person 

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding 

and participating in this rulemaking. We 

also have a point of contact for 

commenting on actions by employees of 

the Coast Guard. 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). 

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. 

Although 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 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 

does not create an environmental risk to 

health or safety that may 

disproportionately affect children. 

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 (34)(g), of the 

Instruction, from further environmental 

documentation. A final ‘‘Environmental 

Analysis Check List’’ and a final 

‘‘Categorical Exclusion Determination’’

are not required for this rule. 

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 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68809

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.

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. Add temporary § 165.T07–108 to 

read as follows:

§ 165.T07–108 Savannah River, Savannah, 

GA. 

(a) Location: The Coast Guard is 

establishing a temporary safety zone 

encompassing all waters of the 

Savannah River from the Talmadge 

Bridge (32°05′19′′ N 081°05′58′′ W) to 

the east end of the Marriott hotel 

(32°04′52′′ N 081°05′18′′ W). 

(b) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, anchoring, mooring or 

transiting in this zone is prohibited, 

except as provided for herein, or unless 

authorized by the Coast Guard Captain 

of the Port Savannah, GA or his 

representative. Any concerned traffic 

can contact the representative of the 

Captain of the Port on board the U.S. 

Coast Guard vessel, which will be on 

scene throughout the event. Traffic 

needing permission to pass through this 

safety zone can contact the 

representative for the COTP on VHF–

FM channel 16 or via phone at (912) 

652–4181. 

(c) Dates: This rule is effective from 

4:45 p.m. on November 26, 2004 to 9:30 

p.m. on November 26, 2004.

Dated: November 10, 2004. 

M.D. Drieu, 

Captain, U. S. Coast Guard, Captain of the 

Port Savannah.

[FR Doc. 04–26097 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 355

[SFUND–2003–0007; FRL–7842–1] 

RIN 2050–AE42

Emergency Planning and Community 

Right-to-Know Act; Extremely 

Hazardous Substances List; Deletion 

of Phosmet

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: On November 12, 2003, the 

Environmental Protection Agency 

proposed to delete phosmet from the list 

of extremely hazardous substances 

(EHS) issued under the Emergency 

Planning and Community Right-toKnow Act (EPCRA). Today, EPA is 

taking final action to delete phosmet 

from the EHS list. Facilities with 

phosmet on-site will no longer be 

required to comply with emergency 

planning and emergency release 

notification requirements. In addition, 

facilities handling phosmet will no 

longer have to file an emergency and 

hazardous chemical inventory form and 

Material Safety Data Sheet (MSDS) for 

phosmet with their State Emergency 

Response Commission (SERC), Local 

Emergency Planning Committee (LEPC), 

and local fire department, for amounts 

less than 10,000 pounds.

DATES: This rule is effective December 

27, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. SFUND–2003–0007. All documents 

in the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hard copy at the Docket, 

EPA/DC, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

Superfund Docket is (202) 566–0270.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the 

Emergency Planning and Community 

Right-to-Know Hotline at (800) 424–

9346; in the Washington, DC 

metropolitan area, contact (703) 412–

9810. The Telecommunications Device 

for the Deaf (TDD) Hotline number is 

(800) 535–7672. You may also access 

general information online at the 

Hotline Internet site, http://

www.epa.gov/epaoswer/hotline/. For 

questions on the contents of this 

document, contact Kathy Franklin, 

Office of Emergency Management 

(formerly Chemical Emergency 

Prevention and Preparedness Office), 

Office of Solid Waste and Emergency 

Response, (5104A), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

Telephone (202)564–7987; Fax (202) 

564–8444 e-mail: 

franklin.kathy@epa.gov

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me?

Entities that would be affected by this 

section are those organizations and 

facilities subject to 40 CFR part 355—

Emergency Planning and Emergency 

Release Notification Requirements and 

40 CFR part 370—Hazardous Chemical 

Reporting. To determine whether your 

facility is affected by this action, you 

should carefully examine the 

applicability provisions at 40 CFR part 

355 and 40 CFR part 370. Entities 

potentially affected by this action are 

facilities that produce phosmet 

formulations, distribute phosmet as a 

pesticide for commercial use, and farms 

that store, handle and apply phosmet. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person(s) 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. An 

electronic version of the public docket 

is available through EPA’s electronic 

public docket and comment system, 

EPA Dockets. You may use EPA Dockets