Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68805

summaries shall address the date/time 

of accident, agency/establishment 

named and location, and consequences, 

description of operation and the 

accident, causal factors, applicable 

standards and their effectiveness, and 

agency corrective/preventive actions.

Note to § 1960.70: The requirements of this 

section are in addition to the requirements 

for reporting fatalities and multiple 

hospitalization incidents to OSHA under 29 

CFR 1904.39.

§ 1960.71 Agency annual reports. 

(a) The Act and E.O. 12196 require all 

Federal agency heads to submit to the 

Secretary an annual report on their 

agency’s occupational safety and health 

program, containing such information as 

the Secretary prescribes. 

(1) Each agency must submit to the 

Secretary by January 1 of each year a 

report describing the agency’s 

occupational safety and health program 

of the previous fiscal year and objectives 

for the current fiscal year. The report 

shall include a summary of the agency’s 

self-evaluation findings as required by 

§ 1960.78(b). 

(2) The Secretary must provide the 

agencies with the guidelines and format 

for the reports at the time they are 

requested. 

(3) The agency reports will be used in 

preparing the Secretary’s report to the 

President. 

(b) The Secretary will submit to the 

President by October 1 of each year a 

summary report of the status of the 

occupational safety and health of 

Federal employees based on agency 

reports, evaluations of individual 

agency progress and problems in 

correcting unsafe or unhealthful 

working conditions, and 

recommendations for improving their 

performance.

§§ 1960.72–1960.74 [Reserved]

[FR Doc. 04–25955 Filed 11–24–04; 8:45 am] 

BILLING CODE 4510–26–P

DEPARTMENT OF THE INTERIOR

30 CFR Part 204

RIN 1010–AC30

States’ Decisions on Participating in 

Accounting and Auditing Relief for 

Federal Oil and Gas Marginal 

Properties

AGENCY: Minerals Management Service, 

Interior.

ACTION: Notice of States’ decisions to 

participate or not participate in 

accounting and auditing relief for 

Federal oil and gas marginal properties 

located in their State for calendar year 

2005. 

SUMMARY: The Minerals Management 

Service’s (MMS) final regulations 

providing accounting and auditing relief 

for marginal Federal oil and gas 

properties, published on September 13, 

2004 (69 FR 55076), require MMS to 

notify industry of the decisions by 

States concerned to allow or not to 

allow one or both forms of relief in their 

State by publishing the decisions in the 

Federal Register. As required under the 

regulation, MMS provided those States 

that receive a portion of the Federal 

royalties with a list of qualifying 

marginal Federal oil and gas properties 

located in their State so that each 

affected State could decide whether to 

participate in one or both relief options. 

This Notice provides the decisions by 

the States concerned under the 

Accounting and Auditing Relief for 

Marginal Properties rule (rule) to allow 

one or both types of relief.

DATES: Effective Date: January 1, 2005.

FOR FURTHER INFORMATION CONTACT:

Mary Williams, Manager, Federal 

Onshore Oil and Gas Compliance and 

Asset Management, telephone (303) 

231–3403, FAX (303) 231–3744, e-mail 

to mary.williams@mms.gov, or P.O. Box 

25165, MS 392B2, Denver Federal 

Center, Denver, Colorado 80225–0165.

SUPPLEMENTARY INFORMATION: 

Introduction: The rule implemented 

certain provisions of section 7 of the 

Federal Oil and Gas Royalty 

Simplification and Fairness Act of 1996. 

The rule provides two options for relief: 

(1) notification-based relief for annual 

reporting, and (2) other requested relief, 

as proposed by industry and approved 

by MMS and the State concerned. The 

rule requires that MMS publish by 

December 1 of each year, a list of the 

States concerned and their decision on 

marginal property relief. 

To qualify for the first option of relief 

(notification-based relief) for Calendar 

Year 2005, properties must have 

produced less than 1,000 barrels-of-oilequivalent (BOE) per year for the base 

period (July 1, 2003—June 30, 2004). 

Annual reporting relief will begin on 

January 1, 2005, with the annual report 

and payment due February 28, 2006 

(unless an estimated payment is on file, 

which will move the due date to March 

31, 2006). 

To qualify for the second option of 

relief (other requested relief), properties 

must have produced less than 15 BOE 

per well per day for the base period. 

The following table shows states with 

marginal properties from which a 

portion of the royalties are shared 

between MMS and the state and their 

decision to allow one or both forms of 

relief.

State concerned Participating in notification-based relief?

(less than 1,000 BOE per year) 

Participating in request-based relief?

(less than 15 BOE per well per day) 

Alabama ............................................................. No ..................................................................... No. 

Arkansas ............................................................ No ..................................................................... No. 

California ............................................................ No ..................................................................... No. 

Colorado ............................................................ No ..................................................................... No. 

Kansas ............................................................... Yes ................................................................... No. 

Louisiana ........................................................... Yes ................................................................... Yes. 

Michigan ............................................................ Yes ................................................................... No. 

Montana ............................................................. Yes ................................................................... No. 

North Dakota ..................................................... No ..................................................................... No. 

New Mexico ....................................................... No ..................................................................... No. 

Nevada .............................................................. No ..................................................................... No. 

Oklahoma .......................................................... Yes ................................................................... Yes. 

South Dakota ..................................................... No ..................................................................... No. 

Utah ................................................................... No ..................................................................... No. 

Wyoming ............................................................ Yes ................................................................... No. 

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