68806 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

Federal oil and gas properties located 

in all other States, where a portion of 

the royalties are not shared with the 

State, are eligible for relief if they 

qualify as marginal under this rule. 

For information on how to obtain 

relief, please refer to the rule, which can 

be viewed on the MMS Web site at 

http://www.mrm.mms.gov/Laws_R_D/

FRNotices/AC30.htm.

All correspondence, records, or 

information received in response to this 

Notice are subject to disclosure under 

the Freedom of Information Act. All 

information provided will be made 

public unless the respondent identifies 

which portions are proprietary. Please 

highlight the proprietary portions, 

including any supporting 

documentation, or mark the page(s) that 

contain proprietary data. Proprietary 

information is protected by the Federal 

Oil and Gas Royalty Management Act of 

1982 (30 U.S.C. 1733), the Freedom of 

Information Act (5 U.S.C. 552(b)(4), the 

Indian Minerals Development Act of 

1982 (25 U.S.C. 2103), and Department 

regulations (43 CFR 2).

Dated: November 12, 2004. 

Lucy Querques Denett, 

Associate Director for Minerals Revenue 

Management.

[FR Doc. 04–26111 Filed 11–24–04; 8:45 am] 

BILLING CODE 4310–MR–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[COTP Jacksonville 04–132] 

RIN 1625–AA00

Safety Zone; St. Johns River, 

Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: 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 

and 210 feet east of the Acosta Bridge, 

as well as 500 yards around the firework 

barges located in front of the Landing 

and the Adam’s Mark Hotel. The safety 

zone is established for the Lighted Boat 

Parade fireworks display scheduled on 

November 27, 2004, on the St. Johns 

River, downtown Jacksonville. This rule 

is needed to protect participants, 

vendors, and spectators from the 

hazards associated with the launching 

of fireworks off the aforementioned 

bridges and barges, and cascading onto 

the St. Johns River.

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

to 9:30 p.m. on November 27, 2004.

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket, are part of docket (COTP 

Jacksonville 04–132) and are available 

for inspection and copying at Coast 

Guard Marine Safety Office Jacksonville, 

7820 Arlington Expressway, Suite 400, 

Jacksonville, Florida, 32211, between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Carol Swinson 

at Coast Guard Marine Safety Office 

Jacksonville, Florida, tel: (904) 232–

2640, ext. 155.

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 a NRPM. 

Publishing a NPRM, which would 

incorporate a comment period before a 

final rule could be issued, and delaying 

the rule’s effective date is contrary to 

public safety because immediate action 

is necessary to protect the public and 

waters of the United States. Moreover, a 

NPRM is unnecessary due to the limited 

amount of time this rule will be in 

effect. 

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. The 

Coast Guard will issue a broadcast 

notice to mariners and may place Coast 

Guard vessels in the vicinity of this 

zone to advise mariners of the 

restriction. 

Background and Purpose 

This rule is needed to protect 

spectator craft in the vicinity of the 

fireworks presentation from the hazards 

associated with transport, storage, and 

launching of fireworks. Anchoring, 

mooring, or transiting within these 

zones is prohibited, unless authorized 

by the Captain of the Port, Jacksonville, 

Florida. The temporary safety zone 

encompasses all waters 210 feet east and 

west of the Main Street Bridge and 210 

feet east of the Acosta Bridge and 500 

yards around both fireworks barges. 

During the fireworks show, the 

fireworks will be launched off both 

sides of the Main Street Bridge in 

position 30°19.399′ N, 081°39.533′ W 

and the east side of the Acosta Bridge 

in position 30°19.326′ N, 081°39.849′ W; 

as well as from barges located in front 

of the Landing and the Adam’s Mark 

Hotel. 

Regulatory Evaluation 

This regulation 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 cost 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has exempted it from review 

under the order. It is not significant 

under the regulatory policies and 

procedures of the Department of 

Homeland Security (DHS) because these 

regulations will only be in effect for a 

short period of time, and the impacts on 

routine navigation are expected to be 

minimal. 

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. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominate in their 

field, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 

section 5 U.S.C. 605 (b) that this rule 

will not have a significant economic 

impact upon a substantial number of 

small entities because the regulations 

will only be in effect for two hours and 

the impact on routine navigation are 

expected to be minimal because traffic 

may transit safely around the zone and 

traffic may enter upon permission of the 

Captain of the Port or his representative. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public 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. If 

the rule will affect your small business, 

organization, or government jurisdiction 

and you have questions concerning its 

provisions or options for compliance, 

please contact the person listed under 

FOR FURTHER INFORMATION CONTACT for 

assistance in understanding this rule. 

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 each agency’s 

responsiveness to small business. If you 

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