67056 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

regulations governing the operation of 

the Broward County bridges across the 

Atlantic Intracoastal Waterway, 

Broward County, Florida. This 

temporary deviation allows the Coast 

Guard to test an operating schedule with 

the bridges opening twice an hour. It 

will allow the Coast Guard to gather 

data to determine if this schedule meets 

the reasonable needs of navigation 

while accommodating an increase in 

vehicle traffic throughout the county 

and whether it should be proposed as a 

permanent change.

DATES: This deviation is effective from 

6 a.m. on December 1, 2004, until 8 p.m. 

on February 28, 2005. Comments must 

reach the Coast Guard on or before 

March 15, 2005.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Seventh Coast Guard District, 909 

SE. 1st Avenue, Room 432, Miami, FL 

33131. Comments and material received 

from the public, as well as comments 

indicated in this preamble as being 

available in the docket, are part of 

docket [CGD07–04–136] and are 

available for inspection or copying at 

Commander (obr), Seventh Coast Guard 

District, 909 SE. 1st Avenue, Room 432, 

Miami, FL 33131 between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Barry Dragon, Project Manager, Seventh 

Coast Guard District, Bridge Branch at 

(305) 415–6743.

SUPPLEMENTARY INFORMATION:

Request for Comments 

We encourage you to comment on this 

test schedule by submitting comments 

and related material. If you do so, please 

include your name and address, identify 

the docket number for this notice 

[CGD07–04–136], indicate the specific 

section of this document to which each 

comment applies, and give the reason 

for each comment. Please submit all 

comments and related material in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying. If you 

would like to know they reached us, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. 

Discussion of the Test Schedule 

This test schedule has been requested 

by various public officials within the 

County of Broward to ease vehicular 

traffic, which has overburdened 

roadways, and to standardize bridge 

openings for vessel traffic. This test will 

allow the bridges in Broward County to 

operate on a standardized schedule, 

which will meet the reasonable needs of 

navigation and improve the vehicular 

traffic. The schedules will be staggered 

in order to facilitate the movement of 

vessels from bridge to bridge along the 

Atlantic Intracoastal Waterway. 

The existing regulations governing the 

operation of the County bridges are 

published in 33 CFR 117.5 and 117.261. 

This temporary deviation includes all 

bridges across the Atlantic Intracoastal 

Waterway in Broward County. During 

the deviation period, from 6 a.m. on 

December 1, 2004, until 8 p.m. on 

February 28, 2005, the bridges will 

operate as follows: 

Open on the Hour and Half Hour:

Atlantic Boulevard, mile 1056.0, 

Commercial Boulevard, mile 1059.0, 

East Sunrise Boulevard, mile 1062.6, SE. 

17th Street Causeway, mile 1065.9, 

Dania Beach Boulevard, mile 1069.4, 

Hollywood Boulevard, mile 1072.2. 

Open on the Quarter Hour and ThreeQuarter Hour: NE. 14th Street, mile 

1055.0, Oakland Park Boulevard, mile 

1060.5, East Las Olas Boulevard, mile 

1064.0, Sheridan Street, mile 1070.5, 

Hallandale Beach Boulevard, mile 

1074.0. 

If at any time during this test 

deviation it is determined that the test 

schedule poses any safety concerns at 

any location, this test deviation may be 

withdrawn. 

The District Commander has granted 

a test deviation from the operating 

regulations listed in 33 CFR 117.5 and 

117.261 to evaluate the effectiveness of 

these new schedules on vehicular and 

vessel traffic.

Dated: November 4, 2004. 

Greg E. Shapley, 

Chief, Bridge Administration, Seventh Coast 

Guard District.

[FR Doc. 04–25413 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD01–04–096] 

RIN 1625–AA09

Drawbridge Operation Regulations: 

Annisquam River, Danvers River, Fore 

River, and Saugus River, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard has changed 

the drawbridge operation regulations 

that govern the operation of four 

Massachusetts Highway Department 

bridges; the Blynman (SR127) Bridge, 

mile 0.0, across the Annisquam River; 

the Kernwood Bridge, mile 1.0, across 

the Danvers River; the Quincy 

Weymouth SR3A Bridge, mile 2.8, 

across the Fore River; and the Fox Hill 

(SR107) Bridge, mile 2.5, across the 

Saugus River, Massachusetts. This final 

rule allows the four bridges to operate 

on an advance notice basis from noon to 

6 p.m. on Thanksgiving Day each year. 

This action is expected to allow the 

draw tenders to spend the holiday with 

their families while still meeting the 

reasonable needs of navigation.

DATES: This rule is effective on 

November 25, 2004.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD01–04–096) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, 408 Atlantic Avenue, 

Boston, Massachusetts 02110, between

7 a.m. and 3 p.m., Monday through 

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Gary Kassof, Bridge Administrator, First 

Coast Guard District, (212) 668–7165.

SUPPLEMENTARY INFORMATION:

Regulatory Information 

On September 1, 2004, we published 

a notice of proposed rulemaking 

(NPRM) entitled Drawbridge Operation 

Regulations, Annisquam River, Danvers 

River, Fore River, and Saugus River, 

Massachusetts, in the Federal Register

(69 FR 53376). The Coast Guard 

provided a 30-day comment period to 

the public to comment on the proposed 

rule. We received no comments in 

response to the notice of proposed 

rulemaking. No public hearing was 

requested and none was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The Coast Guard believes 

making this final rule effective less than 

30 days after publication, in time for 

Thanksgiving Day, November 25, 2004, 

is reasonable because there have been 

no requests to open these bridges on 

Thanksgiving Day in past years and any 

mariner requiring a bridge opening 

during the advance notice time period 

on Thanksgiving Day noon to 6 p.m. 

need only provide the one-hour advance 

notice for a bridge opening at any time. 

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67057

Background and Purpose 

Annisquam River and Blynman Canal

The Blynman (SR127) Bridge, mile 

0.0, across the Annisquam River has a 

vertical clearance of 7 feet at mean high 

water and 16 feet at mean low water in 

the closed position. The existing 

operating regulations are listed at 33 

CFR 117.586. 

Danvers River 

The Kernwood Bridge, at mile 1.0, 

across the Danvers River has a vertical 

clearance of 8 feet at mean high water 

and 17 feet at mean low water in the 

closed position. The existing operating 

regulations are listed at 33 CFR 

117.595(c). 

Fore River 

The Quincy Weymouth (SR3A) 

Bridge, at mile 2.8, across the Fore River 

has a vertical clearance of 45 feet at 

mean high water and 55 feet at mean 

low water in the closed position. The 

existing operating regulations are listed 

at 33 CFR 117.621. 

Saugus River 

The Fox Hill (SR107) Bridge, at mile 

2.5, across the Saugus River has a 

vertical clearance of 6 feet at mean high 

water and 16 feet at mean low water in 

the closed position. The existing 

operating regulations are listed at 33 

CFR 117.618(c). 

The owner of the bridges, 

Massachusetts Highway Department 

(MHD), requested a change to the 

drawbridge operation regulations to 

allow the four bridges to operate on an 

advance notice basis on Thanksgiving 

Day each year. 

The existing drawbridge operation 

regulations already allow the four 

bridges to operate on an advance notice 

basis on Christmas and New Years Day 

each year. Therefore, it is expected that 

adding Thanksgiving Day to that 

existing requirement should not impact 

navigation adversely since there have 

been very few requests to open these 

bridges on Thanksgiving Day in past 

years. 

The Coast Guard believes this rule is 

reasonable because the bridges would 

still open on demand at any time on 

Thanksgiving Day after the advance 

notice is given. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the notice of 

proposed rulemaking. Therefore, no 

changes have been made to this final 

rule. 

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 is based on the fact 

that the bridges will continue to open 

on signal at any time after the advance 

notice is given.

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 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 conclusion is based on the fact 

that the bridges will continue to open 

on signal at any time after the advance 

notice is given. 

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. 

No small entities requested Coast 

Guard assistance and none was given. 

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 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 

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 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 concern 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 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. 

67058 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

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. 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. It has been determined 

that this final rule does not significantly 

impact the environment.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

■ For the reasons set out 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); section 117.255 also issued 

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

Stat. 5039.

■ 2. Revise § 117.586 to read as follows:

§ 117.586 Annisquam River and Blynman 

Canal. 

The draw of the Blynman (SR127) 

Bridge shall open on signal, except that, 

from noon to 6 p.m. on Thanksgiving 

Day, 6 p.m. on December 24 to midnight 

on December 25, and from 6 p.m. on 

December 31 to midnight on January 1, 

the draw shall open on signal if at least 

a two-hour advance notice is given by 

calling the number posted at the bridge.

■ 3. Section 117.595 is amended by 

revising paragraph (c) to read as follows:

§ 117.595 Danvers River.

* * * * *

(c) The Kernwood Bridge, at mile 1.0, 

shall operate as follows: 

(1) From May 1 through September 

30, midnight to 5 a.m., and from 

October 1 through April 30, 7 p.m. to 5 

a.m., draw shall open on signal after at 

least a one-hour advance notice is given 

by calling the number posted at the 

bridge. 

(2) From noon to 6 p.m. on 

Thanksgiving Day and all day on 

Christmas and New Years Day, the draw 

shall open on signal after at least a onehour advance notice is given by calling 

the number posted at the bridge.

■ 4. Section 117.618 is amended by 

revising paragraph (c) to read as follows:

§ 117.618 Saugus River.

* * * * *

(c) The Fox Hill (SR107) Bridge, at 

mile 2.5, shall operate as follows: 

(1) The draw shall open on signal, 

except that, from October 1 through May 

31, from 7 p.m. to 5 a.m., the draw shall 

open after at least a one-hour advance 

notice is given by calling the number 

posted at the bridge. 

(2) From noon to 6 p.m. on 

Thanksgiving Day, and all day on 

Christmas, and New Years Day, the 

draw shall open on signal after at least 

a one-hour advance notice is given by 

calling the number posted at the bridge.

■ 5. Section 117.621 is amended by 

revising paragraph (c) to read as follows:

§ 117.621 Fore River.

* * * * *

(c) From noon to 6 p.m. on 

Thanksgiving Day, from 6 p.m. on 

December 24 to midnight on December 

25, and from 6 p.m. on December 31 to 

midnight on January 1, the draw shall 

open on signal after at least a two-hour 

advance notice is given by calling the 

number posted at the bridge.

Dated: November 4, 2004. 

David P. Pekoske, 

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

First Coast Guard District.

[FR Doc. 04–25412 Filed 11–15–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[CA 309–0468a; FRL–7834–3] 

Revisions to the California State 

Implementation Plan, Imperial County 

Air Pollution Control District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Imperial County Air Pollution Control 

District (ICAPCD) portion of the 

California State Implementation Plan 

(SIP). The revisions concern the 

emission of particulate matter (PM–10) 

and sulfur compounds into the 

atmosphere from industrial processes. 

We are approving local rules that 

administer regulations and regulate 

emission sources under the Clean Air 

Act as amended (CAA or the Act).

DATES: This rule is effective on January 

18, 2005, without further notice, unless 

EPA receives adverse comments by 

December 16, 2004. If we receive such 

comments, we will publish a timely 

withdrawal in the Federal Register to 

notify the public that this direct final 

rule will not take effect.

ADDRESSES: Mail or e-mail comments to 

Andy Steckel, Rulemaking Office Chief 

(AIR–4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105, or email to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov. 

You can inspect copies of the 

submitted rule revisions and EPA’s 

technical support document (TSD) at 

our Region IX office during normal 

business hours. You may also see copies 

of the submitted rule revisions and TSD 

at the following locations:

Environmental Protection Agency, Air 

Docket (6102), Ariel Rios Building, 

1200 Pennsylvania Avenue, NW., 

Washington DC 20460.