6158 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

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. Section 165.T05–093 is reinstated 

and revised to read as follows:.

§ 165.T05–093 Security Zone; Three Mile 

Island Generating Station, Susquehanna 

River, York County, Pennsylvania. 

(a) Location. The following area is a 

security zone: The waters of the 

Susquehanna River in the vicinity of the 

Three Mile Island Generating Station 

bounded by a line drawn from a point 

located at 40°09′14.74′′ N, 076°43′40.77′′

W to 40°09′14.74′′ N, 076°43′42.22′′ W, 

thence to 40°09′16.67′′ N, 076°43′42.22′′

W, thence to 40°09′16.67′′ N, 

076°43′40.77′′ W. All coordinates 

reference Datum: NAD 1983. 

(b) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones in 

§ 165.33 of this part. 

(2) No person or vessel may enter or 

navigate within this security zone 

unless authorized to do so by the Coast 

Guard or designated representative. Any 

person or vessel authorized to enter the 

security zone must operate in strict 

conformance with any directions given 

by the Coast Guard or designated 

representative and leave the security 

zone immediately if the Coast Guard or 

designated representative so orders. 

(3) The Coast Guard or designated 

representative enforcing this section can 

be contacted on VHF Marine Band 

Radio, channels 13 and 16. The Captain 

of the Port can be contacted at (215) 

271–4807. 

(4) The Captain of the Port will notify 

the public of any changes in the status 

of this security zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(c) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commanding Officer of the Coast 

Guard Marine Safety Office/Group 

Philadelphia or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act as a designated 

representative on his behalf. 

(d) Effective period. This section is 

effective from 5 p.m. (EDT) on May 13, 

2003, through 11:59 p.m. (EST) on 

February 29, 2004.

Dated: January 16, 2004. 

Jonathan D. Sarubbi, 

Captain, U.S. Coast Guard, Captain of the 

Port Philadelphia.

[FR Doc. 04–2743 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–011] 

RIN 1625–AA00 

Security Zone; Chesapeake Bay, 

Hampton Roads, Elizabeth River, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing all waters surrounding

P/V MAASDAM, to ensure the security 

of the vessel during inbound and 

outbound transits in the Port of 

Hampton Roads, and while the vessel is 

berthed at Nauticus International 

Terminal. The security zone will extend 

in a 500-yard radius around P/V 

MAASDAM and require that all vessels 

transiting within 500 yards of P/V 

MAASDAM operate only at the 

minimum speed necessary to maintain 

course. No vessels are allowed within 

100 yards of P/V MAASDAM without 

authorization by the Captain of the Port, 

Hampton Roads, or his designated 

representative.

DATES: This rule is effective from 

January 20, 2004, to April 24, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

011 and are available for inspection or 

copying at USCG Marine Safety Office 

Hampton Roads, 200 Granby Street, 

Suite 700, Norfolk, Virginia, 23510, 

between 9:30 a.m. and 2 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT 

Mike Dolan, project officer, USCG 

Marine Safety Office Hampton Roads, at 

(757) 668–5590.

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 an NPRM. The 

Holland America cruise line only 

recently finalized arrangements with 

Federal and local agencies to allow the 

P/V MAASDAM to conduct regular 

passenger cruises from Norfolk. As a 

result, the Coast Guard received the 

final schedule for the MAASDAM in 

January 2004. Coast Guard policy 

dictates that the Captain of the Port will 

provide for the security of high-capacity 

passenger vessels, and this security zone 

is necessary for that purpose. 

Publishing an NPRM, which would 

incorporate a comment period before a 

final rule was issued, would be contrary 

to the public interest since immediate 

action is needed to protect this vessel 

from potential security threats. For 

similar 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. 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is a heightened awareness that vessels 

or persons could launch subversive 

activity against passenger ships. These 

regulations are necessary to protect the 

vessel, its passengers, and its crew from 

these potential threats. The Coast Guard 

is establishing a temporary security 

zone to ensure the vessel’s safe inbound 

and outbound transits, and to protect 

the vessel while moored at Nauticus 

International Terminal. 

Discussion of Rule 

The Coast Guard is establishing 

temporary security zones to ensure safe 

transits and port calls for the P/V 

MAASDAM. The security zones will be 

activated while the P/V MAASDAM 

transits in the Port of Hampton Roads, 

and while it is berthed at Nauticus 

International Terminal. This rule is 

effective from January 20, 2004, to April 

24, 2004. The security zone will extend 

in a 500-yard radius around P/V 

MAASDAM. All vessels within 500 

yards must operate only at the 

minimum speed necessary to maintain 

course. No vessels are allowed within 

100 yards of P/V MAASDAM without 

authorization by the Captain of the Port, 

Hampton Roads, or his designated 

representative. This rule will provide 

for increased security of the vessel and 

other vessels transiting in the area, and 

will allow the uninterrupted flow of 

commerce in the Port of Hampton 

Roads. Public notifications will be made 

prior to the transit via marine 

information broadcasts. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6159

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). 

Although this rule restricts access to 

the regulated area, the effect of this rule 

will not be significant because: (i) The 

COTP may authorize access to the 

security zone; (ii) the security zones will 

be in effect for a limited duration; and 

(iii) the Coast Guard will make 

notifications via maritime advisories so 

mariners can adjust their plans 

accordingly.

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’’ include 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 affect the following 

entities, some of which may be small 

entities: The owners and operators of 

vessels intending to transit or anchor 

within a 500-yard radius of P/V 

MAASDAM as she transits the Port of 

Hampton Roads, and while she is 

berthed at the Nauticus International 

Terminal. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they 

could 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 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 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. 

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 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 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.

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 (34)(g), of the 

Instruction, from further environmental 

documentation because it creates 

temporary security zones. A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES.

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, subpart F, 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.

6160 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

■ 2. Add temporary § 165.T05–011, to 

read as follows:

§ 165.T05–011 Security Zone: Chesapeake 

Bay, Hampton Roads and Elizabeth River, 

Virginia. 

(a) Location. The following area is a 

security zone: All waters within a 500-

yard radius around the P/V MAASDAM, 

while the vessel transits through the 

Captain of the Port Hampton Roads 

zone, and while berthed at Nauticus 

International Terminal. 

(b) Definitions: The designated 

representative of the Captain of the Port

is any U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the Captain of the Port, 

Hampton Roads, Virginia to act on his 

behalf. 

(c) Contact information. The Captain 

of the Port, Hampton Roads and the 

Command Duty Officer at the Marine 

Safety Office Hampton Roads, Norfolk, 

Virginia, can be contacted at telephone 

Number (757) 668–5555 or (757) 484–

8192. The Coast Guard vessels enforcing 

the security zone can be contacted on 

VHF–FM channels 13 and 16. 

(d) Regulation: (1) Under § 165.33, 

vessels are prohibited from entering 

within 100 yards of the P/V 

MAASDAM, unless authorized by the 

Captain of the Port, Hampton Roads, 

Virginia, or his designated 

representatives. Vessels within 500 

yards of the P/V MAASDAM must 

operate only at the minimum speed 

necessary to maintain course. 

(2) The operator of any vessel in any 

part of this security zone must:

(i) Stop the vessel immediately upon being 

directed to do so by any commissioned, 

warrant or petty officer on board a vessel 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer on 

board a vessel displaying a U.S. Coast Guard 

Ensign. 

(iii) Operate at minimum speed within a 

500-yard radius of P/V MAASDAM.

(e) Effective period: This section is 

effective from January 20, 2004, to April 

24, 2004.

Dated: January 16, 2004. 

Robert R. O’Brien, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads.

[FR Doc. 04–2742 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[WV063–6032a; FRL–7612–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; MOBILE6-Based Motor 

Vehicle Emission Budgets for 

Greenbrier County and the Charleston, 

Huntington, and Parkersburg 1-Hour 

Ozone Maintenance Areas

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve State Implementation 

Plan (SIP) revisions submitted by the 

State of West Virginia. The revisions 

amend the 1-hour ozone maintenance 

plans for Greenbrier County and the 

Charleston, Huntington and Parkersburg 

areas. These revisions amend the 

maintenance plans’ base year and 2005 

highway mobile volatile organic 

compound (VOC) and nitrogen oxide 

(NOX) emission inventories and the 

2005 motor vehicle emissions budgets 

(MVEBs) to reflect the use of MOBILE6. 

These revisions also reallocate a portion 

of each plans’ safety margins which 

results in an increase in the MVEBs. The 

revised plans continue to demonstrate 

maintenance of the 1-hour national 

ambient air quality standard (NAAQS) 

for ozone. EPA is approving these SIP 

revisions to the West Virginia 

maintenance plans in accordance with 

the requirements of the Clean Air Act.

DATES: This rule is effective on April 12, 

2004, without further notice, unless 

EPA receives adverse written comment 

by March 11, 2004. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Comments may be 

submitted either by mail or 

electronically. Written comments 

should be mailed to Larry Budney, 

Energy, Radiation and Indoor 

Environment Branch, Mailcode 3AP23, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Electronic comments should be sent 

either to budney.larry@epa.gov or to 

http://www.regulations.gov, which is an 

alternative method for submitting 

electronic comments to EPA. To submit 

comments, please follow the detailed 

instructions described in Part III of the 

SUPPLEMENTARY INFORMATION section. 

Copies of the documents relevant to this 

action are available for public 

inspection during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; and 

the West Virginia Department of 

Environmental Protection, Division of 

Air Quality, 7012 MacCorkle Avenue, 

SE., Charleston, West Virginia 25304–

2943.

FOR FURTHER INFORMATION CONTACT:

Larry Budney, (215) 814–2184, or by email at budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

On August 4, 1995 (60 FR 39911), 

September 6, 1994 (59 FR 45985), 

December 21, 1994 (59 FR 65719) and 

September 6, 1994 (59 FR 45978), 

respectively, EPA redesignated 

Greenbrier County and the Charleston, 

Huntington and Parkersburg areas of 

West Virginia to attainment for the 1-

hour ozone NAAQS. For each of those 

areas, the redesignations included 

approvals of 1-hour ozone maintenance 

plans, which identify on-road MVEBs 

for VOCs and NOX, which are ozone 

precursors. The MVEBs contained in 

those maintenance plans were based 

upon MOBILE5, which was the latest 

EPA on-road motor vehicle emission 

factor model available at the time. 

The MOBILE model is an EPA 

emission factor model for estimating 

pollutant emissions from on-road motor 

vehicles. The MOBILE model calculates 

emissions of VOCs and NOX from 

passenger cars, motorcycles, buses, and 

light-duty and heavy-duty trucks. The 

model accounts for the emission 

impacts of factors such as changes in 

vehicle emission standards, changes in 

vehicle populations and activity, and 

various local conditions such as 

temperature, humidity, fuel quality, and 

air quality programs. The MOBILE 

model is used to calculate current and 

future inventories of motor vehicle 

emissions at the national and local 

level. These inventories are used to 

make decisions about air pollution 

policies and programs at the local, State 

and national level. MOBILE-based 

inventories are also used in 

demonstrating how the Clean Air Act’s 

(the Act’s) requirements for SIPs and 

transportation conformity are met. 

The MOBILE model was first 

developed in 1978. It has been updated 

several times to reflect changes in the 

vehicle fleet and fuels, to incorporate 

EPA’s growing understanding of vehicle 

emissions, and to address new emission 

regulations and modeling needs. EPA 

released MOBILE6, the latest version of