Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 69527

Drafting Information 

N.A. Sutton of the Regulations and 

Procedures Division drafted this 

document.

List of Subjects in 27 CFR Part 9 

Wine.

The Final Rule

■ For the reasons discussed in the 

preamble, we amend 27 CFR, chapter I, 

part 9 as follows:

PART 9—AMERICAN VITICULTURAL 

AREAS

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 27 U.S.C. 205.

Subpart C—Approved American 

Viticultural Areas

■ 2. Amend subpart C by adding § 9.180 

to read as follows:

§ 9.180 Dundee Hills. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Dundee Hills’’. 

(b) Approved maps. The appropriate 

maps for determining the boundaries of 

the Dundee Hills viticultural area are 

three United States Geological Survey 

(USGS) 1:24,000 scale maps. They are 

titled: 

(1) Dundee Quadrangle, Oregon, 1956, 

revised 1993; 

(2) Newberg Quadrangle, Oregon, 

1961, photorevised 1985; and 

(3) Dayton Quadrangle, Oregon, 1957, 

revised 1992. 

(c) Boundary. The Dundee Hills 

viticultural area is located in Yamhill 

County, Oregon, near the town of 

Newberg, and is entirely within the 

Willamette Valley viticultural area. The 

boundary of the Dundee Hills 

viticultural area is as described below: 

(1) The beginning point is on the 

Dundee map at the intersection of the 

200-foot contour line with Kuehne Road 

at the common boundary line of 

sections 47 and 48, T3S, R3W; 

(2) From the beginning point, proceed 

east then south along the meandering 

200-foot contour line, crossing over to 

and back off the Newberg map, and then 

cutting diagonally southwest through 

the town of Dundee to the 200-foot 

contour line’s intersection with Hess 

Creek, section 34, T3S, R3W (Dundee 

Quadrangle); then 

(3) Proceed south, then west, and then 

northeast, along the meandering 200-

foot contour line, twice crossing over to 

and back off the Dayton map, to the 

contour line’s intersection with Abbey 

Road after the line passes a quarry and 

crosses the two forks of Millican Creek 

in section 52, T3S, R3W (Dundee 

Quadrangle); then 

(4) Proceed generally north on Abbey 

Road to Kuehne Road and then follow 

Kuehne Road northeasterly to the 

beginning point.

Signed: October 21, 2004. 

Arthur J. Libertucci, 

Administrator. 

Approved: November 9, 2004. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy).

[FR Doc. 04–26330 Filed 11–29–04; 8:45 am] 

BILLING CODE 4810–31–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[CGD01–03–107] 

1625–AA01 

Anchorage Regulations: Yonkers, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is amending 

the anchorage regulations for the 

Hudson River, New York by establishing 

two Special Anchorage areas adjacent to 

the City of Yonkers. This action is 

necessary to facilitate safe navigation in 

that area and provide safe and secure 

anchorages for vessels not more than 20 

meters in length. This action is intended 

to increase the safety of life and 

property on the Hudson River, improve 

the safety of anchored vessels in both 

anchorages, and provide for the overall 

safe and efficient flow of recreational 

vessel traffic and commerce.

DATES: This rule is effective December 

30, 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 (CGD01–03–107), and are 

available for inspection or copying at 

Room 628, First Coast Guard District 

Boston, 408 Atlantic Avenue, Boston, 

MA 02110, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

John J. Mauro, Commander (oan), First 

Coast Guard District, 408 Atlantic 

Avenue, Boston, MA 02110; telephone 

(617) 223–8355; e-mail 

jmauro@d1.uscg.mil.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 30, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorage Regulations: 

Yonkers, New York’’ in the Federal 

Register (69 FR 39380). We received two 

comments on the proposed rule. No 

public hearing was requested and none 

was held. 

Background and Purpose 

A request was made by the City of 

Yonkers, New York to establish two 

special anchorage areas as part of a 

waterfront revitalization and 

redevelopment effort. The City of 

Yonkers is proactively encouraging 

waterfront use by the general public. 

This rule is in response to that request 

to help ensure the safe navigation of 

increased vessel traffic expected to 

arrive along the city waterfront due to 

this revitalization effort. 

The Coast Guard is designating the 

areas as special anchorage areas in 

accordance with 33 U.S.C. 471. In 

accordance with that statute, vessels 

will not be required to sound signals or 

exhibit anchor lights or shapes which 

are otherwise required by rule 30 and 35 

of the Inland Navigation Rules, codified 

at 33 U.S.C. 2030 and 2035. The two 

special anchorage areas will be located 

on the East side of the Hudson River in 

the vicinity of Main Street and the JFK 

Marina, well removed from the channel 

and located where general navigation 

will not endanger or be endangered by 

unlighted vessels. Providing anchorage 

well removed from the channel and 

general navigation will greatly increase 

navigational safety. 

While developing this rule, in 

accordance with 33 CFR 109.05(b), the 

Coast Guard consulted with the U.S. 

Army Corps of Engineers, New York 

District, located at 26 Federal Plaza, 

New York, NY 10278. The U.S. Army 

Corps of Engineers has determined that 

the proposed Special Anchorage Areas 

would not have an adverse affect on any 

federally maintained navigation 

channels in the area, structures the U.S. 

Army Corps of Engineers has permitted, 

or any pending permit applications 

submitted to the U.S. Army Corps of 

Engineers in this area. 

Discussion of Comments and Changes 

We received a letter from the City of 

Yonkers requesting that the Main Street 

Special Anchorage be modified to 

accommodate the high speed ferry 

service to the City’s Main Street Pier. 

This final rule incorporates the City’s 

modifications to the Special Anchorage. 

As requested by the City of Yonkers, the 

southern boundary of the Main Street 

69528 Federal Register / Vol. 69, No. 229 / Tuesday, November 30, 2004 / Rules and Regulations 

anchorage area is moved 350 yards 

north thereby reducing the size of the 

Main Street anchorage from .04 square 

nautical miles to .02 square nautical 

miles. 

We also received a letter from the 

Hudson River Pilots Association 

advising that the northern edge of the 

Main Street Anchorage, being 

approximately 550 feet south of their 

dock, does not provide an adequate 

transit route for their pilot boat, 

especially during certain tide and 

current conditions. The Pilots requested 

a minimum 1000-foot buffer to ensure 

safe passage for all mariners involved. 

The Coast Guard has considered the 

Pilots’ request and concluded that the 

550-foot buffer does provide adequate 

room for all mariners to navigate within 

and around the Special Anchorage Area. 

Therefore no change from the proposed 

anchorage is made to the final rule. 

A slight revision was made to the 

position of the anchorage area at JFK 

Marina. During the NPRM process, the 

Coast Guard requested that NOAA 

review the coordinate conversion 

process we used to convert the 

coordinates from the City’s municipal 

maps to the navigational charts. NOAA 

advised us that we had made an error 

in the conversion process. Based upon 

this information, the Coast Guard 

advised the public of the new 

coordinates through Local Notice to 

Mariners 35/04. No change was made to 

the size or the shape of the anchorage, 

only the coordinates were changed. 

Therefore a change from the proposed 

anchorage is made to the 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 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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under paragraph 

10e of the regulatory policies and 

procedures of Department of Homeland 

Security is unnecessary. This finding is 

based on the fact that this rule conforms 

to the changing needs of the City of 

Yonkers and the changing needs of 

recreational vessels along the Hudson 

River. This rule is in the interest of safe 

navigation and property protection. 

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. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered 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 governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. John J. 

Mauro at the address listed in 

ADDRESSES above. 

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. The two 

comments received by the Coast Guard 

which resulted in a change to this Final 

Rule do not affect our analysis under 

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. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. This rule will not impose an 

unfunded mandate. 

Taking of Private Property 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under E.O. 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 

The Coast Guard has 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 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 would 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. 

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. 

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 

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,