Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69529

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 did not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

The Coast Guard has considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph 34(f), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environment documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection 

or copying where indicated under 

ADDRESSES. This rule fits paragraph 

34(f) of Commandant Instruction 

M16475.1D as it establishes two special 

anchorage areas.

List of Subjects in 33 CFR Part 110 

Anchorage grounds.

Regulations

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 110 as follows:

PART 110—ANCHORAGE 

REGULATIONS

■ 1. The authority citation for Part 110 

continues to read as follows:

Authority: 33 U.S.C. 471; 1221 through 

1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); 

and Department of Homeland Security 

Delegation No. 0170.1.

■ 2. In § 110.60 add new paragraphs (o–

4) and (o–5) to read as follows:

§ 110.60 Port of New York and vicinity

* * * * *

(o) * * * 

(o–4) Hudson River, at Main Street, 

Yonkers. That portion of the Hudson 

River starting on shore at point 

40°56′15.4′′ N, 073°54′11.2′′ W; thence 

northwest to point 40°56′16.7′′ N, 

073°54′20.2′′ W; thence south to point 

40°56′08.9′′ N, 073°54′22.6′′ W; thence 

southeast to point 40°56′07.9′′ N, 

073°54′16.9′′ W; thence south to the 

Recreational Pier of the City of Yonkers 

at point 40°56′07.0′′ N, 073°54′17.3′′ W. 

Note: This area is limited to vessels 

no greater than 20 meters in length and 

is primarily for use by recreational craft 

on a seasonal or transient basis. These 

regulations do not prohibit the 

placement of moorings within the 

anchorage area, but requests for the 

placement of moorings should be 

directed to the local government to 

ensure compliance with local and state 

laws. All moorings shall be so placed 

that no vessel, when anchored, will at 

any time extend beyond the limits of the 

area. Fixed mooring piles or stakes are 

prohibited. Mariners are encouraged to 

contact the local harbormaster for any 

additional ordinances and to ensure 

compliance with additional applicable 

state and local laws. 

(o–5) Hudson River, at JFK Marina, 

Yonkers. That portion of the Hudson 

River starting on shore at point 

40°57′28.0′′ N, 073°53′46.1′′ W; thence 

west to point 40°57′30.5′′ N, 

073°53′56.7′′ W; thence southwest to 

point 40°57′07.5′′ N, 073°54′06.2′′ W; 

thence east to shore at point 40°57′06.0′′

N, 073°53′59.5′′ W. 

Note: This area is limited to vessels 

no greater than 20 meters in length and 

is primarily for use by recreational craft 

on a seasonal or transient basis. These 

regulations do not prohibit the 

placement of moorings within the 

anchorage area, but requests for the 

placement of moorings should be 

directed to the local government to 

ensure compliance with local and state 

laws. All moorings shall be so placed 

that no vessel, when anchored, will at 

any time extend beyond the limits of the 

area. Fixed mooring piles or stakes are 

prohibited. Mariners are encouraged to 

contact the local harbormaster for any 

additional ordinances and to ensure 

compliance with additional applicable 

state and local laws.

* * * * *

Dated: November 9, 2004. 

John L. Grenier, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District.

[FR Doc. 04–26337 Filed 11–29–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD08–04–010] 

RIN 1625–AA09

Drawbridge Operation Regulation; 

Bayou Portage, Pass Christian, MS

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing 

the requirements for the operation of the 

draw of the Henderson Avenue bascule 

bridge across Portage Bayou, mile 2.0 at 

Pass Christian, MS. The old low-level 

bascule span has been removed and the 

new mid-level bascule span bridge has 

been constructed on the same alignment 

and completed. This final rule 

establishes a two-hour notice 

requirement for an opening of the draw 

for the bridge.

DATES: This rule is effective December 

30, 2004.

ADDRESSES: Documents referred to in 

this rule are available for inspection or 

copying at the office of the Eighth Coast 

Guard District, Bridge Administration 

Branch, 500 Poydras Street, New 

Orleans, Louisiana 70130–3310, 

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

through Friday, except Federal holidays. 

The telephone number is (504) 589–

2965. The Eighth District Bridge 

Administration Branch maintains the 

public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Phil 

Johnson, Bridge Administration Branch, 

at (504) 589–2965.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On April 1, 2004 we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Bayou Portage, Pass 

Christian, MS in the Federal Register

[69 FR 17122]. Concurrent with 

publishing the NPRM, the Coast Guard 

published a temporary rule in the same 

Federal Register [69 FR 17055] that 

established a two-hour notice 

requirement for an opening of the draw 

to navigation. The temporary rule was 

in effect from April 10, 2004 through 

October 10, 2004. The purpose of the 

temporary rule was to provide interim 

operating requirements for the 

Henderson Avenue bascule span bridge 

while the Coast Guard conducted the 

rulemaking to implement permanent 

regulations for the operation of the 

bridge. We received one letter 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held.

Background and Purpose 

The old Henderson Avenue low-level 

bascule span bridge across Bayou 

Portage at Pass Christian, MS has been 

demolished and removed and the new, 

mid-level bascule span bridge has been 

constructed on the exact same 

alignment. It was opened to vehicular 

traffic and placed in service on April 10, 

2004. A special operating regulation 

previously existed for the old bridge, 

69530 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

which stated that the draw of the bridge 

would open on signal if at least two 

hours notice was given. When the old 

bridge was removed, the special 

operating regulation was removed. The 

new bridge would normally have been 

required to open on signal as per 33 CFR 

117.5. However, since the new bridge 

provides significantly greater vertical 

clearance in the closed-to-navigation 

position than the old bridge, it was 

anticipated that even fewer navigation 

openings would be required than was 

required for the old bridge and that it is 

not necessary to have the bridge 

manned 24 hours per day, seven days 

per week. Therefore, the Harrison 

County Board of Supervisors requested 

that the same two-hour notice for an 

opening to navigation be required for 

the new bridge as was for the old bridge. 

During the period the temporary rule 

has been in effect, an average of 11 

vessels per month required openings for 

passage through the bridge. Bridge 

openings for the months of June, July 

and August, 2004 are considered valid 

and were used in this average. The 

month of September was discounted 

due to the passing of several tropical 

storms and Hurricane Ivan, which 

created a highly unusual demand for the 

bridge to open for vessels seeking safe 

harbor in emergency situations. The 

average for bridge openings of the old 

bridge, during the two years prior to its 

removal was approximately 64 openings 

per month. After evaluating this data, 

the Coast Guard has determined that it 

is unnecessary for a bridge tender to 

man the bridge 24 hours per day and 

that a permanent special drawbridge 

operating regulation is warranted. 

This final rule provides that the draw 

of the Henderson Avenue bascule span 

bridge across Bayou Portage, mile 2.0 at 

Pass Christian, MS will open on signal 

if at least two hours notice is given to 

the Harrison County Board of 

Supervisors. 

Discussion of Comments and Changes 

One comment was received in 

response to the NPRM. The U.S. Fish 

and Wildlife Service sent a letter dated 

May 19, 2004 stating that they have no 

objection to the proposed special 

operating regulation. No changes were 

made to the proposed regulation. 

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). 

A special operating regulation existed 

for the old, low-level span bridge, which 

required a two-hour notice for an 

opening of the draw. During the many 

years that the old bridge operated under 

that regulation, the Coast Guard has not 

received any complaints regarding the 

drawbridge operating schedule. The 

new bridge has been constructed on 

exactly the same alignment as the old 

bridge. Since the navigational 

clearances of the new bridge exceed 

those of the old bridge the number of 

requests for openings were predicted to 

be fewer. Data collected during the 

approximate 3-month test period 

indicate that this prediction was 

accurate. We expect the economic 

impact of this rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

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 have no impact on any 

small entities because the regulation 

will apply to a new bridge, which 

replaced a bridge on which the same 

regulation previously existed. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

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). 

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. No 

comments were received as a result of 

the NPRM, relative to federalism and no 

changes to the proposed regulation were 

made. 

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 the 

preamble. No comments were received 

as a result of the NPRM, relative to 

unfunded mandates and no changes to 

the proposed regulation were made. 

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. No comments 

were received as a result of the NPRM, 

relative to the taking of private property 

and no changes to the proposed 

regulation were made. 

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. No 

comments were received as a result of 

the NPRM, relative to civil justice 

reform and no changes to the proposed 

regulation were made. 

Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69531

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 cause an environmental risk to 

health or risk to safety that might 

disproportionately affect children. No 

comments were received as a result of 

the NPRM, relative to protection of 

children and no changes to the 

proposed regulation were made. 

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. No 

comments were received as a result of 

the NPRM, relative to Indian tribal 

governments and no changes to the 

proposed regulation were made.

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. No 

comments were received as a result of 

the NPRM, relative to energy effects and 

no changes to the proposed regulation 

were made. 

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.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 (32)(e), of the 

Instruction, from further environmental 

documentation. Paragraph (32)(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of NEPA. 

Since this proposed rule will alter the 

normal operating conditions of the 

drawbridges, it falls within this 

exclusion. A ‘‘Categorical Exclusion 

Determination’’ is available in the 

docket indicated under ADDRESSES. No 

comments were received as a result of 

the NPRM, relative to any 

environmental issues and no changes to 

the proposed regulation were made.

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. Section 117.684 is added to read as 

follows:

§ 117.684 Bayou Portage. 

The draw of the Henderson Avenue 

Bridge, mile 2.0, at Pass Christian, MS 

shall open on signal if at least two hours 

notice is given to the Harrison County 

Board of Supervisors.

Dated: November 10, 2004. 

J.W. Stark 

Acting Captain, U.S. Coast Guard, 

Commander, 8th Coast Guard Dist.

[FR Doc. 04–26338 Filed 11–29–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2004–IN–0005; FRL–7838–3] 

Approval and Promulgation of State 

Implementation Plans; Indiana; Rules 

To Control Particulate Matter and 

Carbon Monoxide From Incinerators

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On October 30, 2002, and 

January 10, 2003, Indiana submitted a 

plan to EPA which contained revised 

and updated rules to control emissions 

of particulate matter (PM) from 

incinerators and carbon monoxide (CO) 

from incinerators and other industrial 

categories. The rule changes accomplish 

several objectives. First, they re-adopt 

useful elements of regulations which 

were scheduled to expire because of 

‘‘sunset requirements’’ under the 

Indiana Code. In addition, they 

incorporate by reference a number of 

applicable EPA rules affecting certain 

types of incineration units and clarify 

which limits pertain to other types of 

units. The revised requirements will 

apply to those incinerators in the State 

where Federal rules or guidelines do not 

apply. Finally, Indiana has eliminated 

references to language which is 

outdated and unclear. EPA is taking 

final action to approve this State plan 

revision.

DATES: This rule is effective January 31, 

2005, unless EPA receives relevant 

adverse written comments by December 

30, 2004. If EPA receives adverse 

comment, we will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect.

ADDRESSES: Submit comments, 

identified by Regional Material in eDocket (RME) ID No. R05–OAR–2004–

IN–0005 by one of the following 

methods: 

Federal e-Rulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://

docket.epa.gov/rmepub/index.jspal

Regional Material in e-Docket (RME), 

EPA’s electronic public docket and