Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6221

thence to 47°35′42′′ N, 122°16′24′′ W; 

thence to the east side of the entrance 

to the west highrise of the Interstate 90 

bridge; thence westerly along the south 

side of the bridge to the shoreline on the 

western terminus of the bridge; thence 

southerly along the shoreline to 

Andrews Bay at 47°33′06′′ N, 122°15′32′′

W; thence northeast along the shoreline 

of Bailey Peninsula to its northeast 

point at 47°33′44′′ N, 122°15′04′′ W; 

thence easterly along the east-west line 

drawn tangent to Bailey Peninsula; 

thence northerly along the shore of 

Mercer Island to the point of origin. 

[Datum: NAD 1983] 

(c) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no person or vessel may 

enter or remain in the zone except for 

support vessels and support personnel, 

vessels registered with the event 

organizer, or other vessels authorized by 

the Captain of the Port or his designated 

representatives. Vessels and persons 

granted authorization to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port or 

his designated representatives.

Dated: January 16, 2004. 

Danny Ellis, 

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

Port, Puget Sound.

[FR Doc. 04–2748 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–03–025] 

RIN 1625–AA00 

Safety Zone; Coast Guard Station Fire 

Island, Fire Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a safety zone in the waters 

adjacent to Coast Guard Station Fire 

Island, Fire Island, New York. This 

proposed zone would ensure safety of 

the boating community and Coast Guard 

vessels when prompt response is 

needed for Coast Guard vessels to 

respond to mariners’ or other requests 

for assistance. This zone would exclude 

all vessels from operating within the 

prescribed safety zone without first 

obtaining authorization from the 

Captain of the Port, Long Island Sound.

DATES: Comments and related material 

must reach the Coast Guard on or before 

April 12, 2004.

ADDRESSES: You may mail comments 

and related material to Waterways 

Management, Coast Guard Group/

Marine Safety Office Long Island Sound, 

120 Woodward Avenue, New Haven, CT 

06512. Coast Guard Group/MSO Long 

Island Sound maintains the public 

docket for this rulemaking. Comments 

and material received from the public, 

as well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Group/MSO Long Island 

Sound, New Haven, CT, between 9 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant A. Logman, Waterways 

Management Officer, Coast Guard 

Group/Marine Safety Office Long Island 

Sound at (203) 468–4429.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD01–03–025), 

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 if your submission reached us, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

Public Meeting 

We do not now plan to hold a public 

meeting, but you may submit a request 

for a meeting by writing to Coast Guard 

Group/Marine Safety Office Long Island 

Sound at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

United States Coast Guard Station 

(STA) Fire Island is located in Babylon, 

New York, on the northern shore of Fire 

Island, Long Island, New York. The 

waters north of Station, Fire Island Inlet, 

attract numerous recreational and small 

charter fishing vessels each year from 

May through October. Throughout the 

summer months and fishing season, the 

waters immediately surrounding the 

Station and within a quarter mile radius 

of the Station become heavily congested 

with vessels, mainly consisting of 

recreational boaters. The accumulation 

of vessels immediately in front of the 

station present a continuous hindrance 

to the safety of Coast Guard vessels 

responding to search and rescue or other 

maritime emergencies, and hamper their 

ability to respond expeditiously. The 

proposed zone would be established by 

reference to coordinates, representing an 

area approximately 100 yards seaward 

from STA Fire Island vessels, facilities 

and property. 

The proposed zone has been tailored 

to fit the needs of safety, while 

minimizing the impact on the maritime 

community. All coordinates are North 

American Datum 1983. 

No person or vessel would be 

permitted to enter or remain in a 

prescribed safety zone for any time 

without the permission of the COTP. 

Each person or vessel in the proposed 

safety zone would be required to obey 

any direction or order of the COTP. Any 

violation of the proposed safety zone 

described herein, would be punishable 

by, among others, civil penalties (not to 

exceed $32,500 per violation, where 

each day of a continuing violation is a 

separate violation), criminal penalties 

(imprisonment for not more than 6 years 

and a fine of not more than $250,000), 

in rem liability against the offending 

vessel, or license sanctions. This 

regulation is proposed under the 

authority contained in 33 U.S.C. 1223 

and 1225 and the regulations 

promulgated thereunder. 

Regulatory Evaluation 

This proposed 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). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This proposed 

regulation could have some impact on 

the public, but these potential impacts 

would be minimized because the 

proposed safety zone would encompass 

6222 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 

only a small portion of Fire Island Inlet 

allowing sufficient room for vessels to 

operate or anchor outside of the zone.

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule may affect 

the following entities, some of which 

may be small entities: The owners or 

operators of vessels intending to transit 

or anchor in that portion of Fire Island 

Inlet covered by the proposed safety 

zone. 

For the reasons outlined in the 

Regulatory Evaluation section above, 

this proposed rule would not have a 

significant impact on a substantial 

number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under subsection 213(a) of the Small 

Business Regulatory Enforcement 

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

the Coast Guard wants to assist small 

entities in understanding this proposed 

rule so that they can better evaluate its 

effects on them and participate in the 

rulemaking. If the proposed rule would 

affect your small business, organization, 

or governmental jurisdiction and you 

have questions concerning its 

provisions or options for compliance, 

please call Lieutenant A. Logman, 

Waterways Management Officer, Group/

Marine Safety Office Long Island Sound, 

at (203) 468–4429. 

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 proposed rule would call 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 proposed rule under that Order and 

have determined that it would 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and would 

not concern an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This proposed rule would 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.

To help the Coast Guard establish 

regular and meaningful consultation 

and collaboration with Indian and 

Alaskan Native tribes, we published a 

notice in the Federal Register (66 FR 

36361, July 11, 2001) requesting 

comments on how to best carry out the 

Order. We invite your comments on 

how this proposed rule could impact 

tribal governments, even if that impact 

would not constitute a ‘‘tribal 

implication’’ under the Order. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it would not be a 

‘‘significant energy action’’ under that 

order because it would not be a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and would not 

likely 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 

The Coast Guard considered the 

environmental impact of this proposed 

rule and concluded that, under figure 2–

1, paragraph 34(g), of Commandant 

Instruction M16475.1D, this proposed 

rule is categorically excluded from 

further environmental documentation. 

A ‘‘Categorical Exclusion 

Determination’’ is 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 proposes to 

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows:

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6223

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. Add § 165.152 to read as follows:

§ 165.152 Coast Guard Station Fire Island, 

Long Island, New York—safety zone. 

(a) Location. The safety zone consists 

of all waters of Fire Island Inlet 

encompassed by a line connecting the 

following points, 40°37.523′ N, 

073°15.685′ W; then north to 40°37.593′

N, 073°15.719′ W; then east to 40–

37.612 N, 073°15.664′ W; then east to 

40°37.630′ N, 073°15.610′ W; then east 

to 40°37.641′ N, 073°15.558′ W; then 

southeast to 40°37.630′ N, 073°15.475′

W; then southeast to 40°37.625′ N, 

073°15.369′ W; then southeast to 

40°37.627′ N, 073°15.318′ W; then 

southeast to point on shore at 40°37.565′

N, 073°15.346′ W. All coordinates are 

North American Datum 1983. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 

§ 165.23 apply. 

(2) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or designated on-scene patrol 

personnel. These personnel comprise 

commissioned, warrant and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

shall proceed as directed.

Dated: November 17, 2003. 

Joseph J. Coccia, 

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

Port, Long Island Sound.

[FR Doc. 04–2746 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AL38 

Testimony Certified or Under Oath

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

SUMMARY: This document withdraws a 

proposed rule that would have removed 

the adjudication regulation that requires 

written and oral testimony to be 

certified or given under oath or 

affirmation in most cases. This proposed 

rule was erroneously published in the 

Federal Register on July 31, 2002, at 67 

FR 49646, under a previously deleted 

Regulatory Identification Number (RIN 

2900–AK24). The proposal is being 

withdrawn because the Department of 

Veterans Affairs is revising and 

republishing its part 3 compensation 

and pension regulations to make them 

easier to understand and apply. To 

ensure that this proposal is consistent 

with other related regulations being 

rewritten and published in that project, 

it is being withdrawn at this time. The 

Regulation Rewrite Project plans to 

republish this proposed rulemaking 

within one of its packages of 

regulations, ‘‘General Evidence 

Requirements, Effective Dates, Revision 

of Decisions, and Protection of Existing 

Ratings.’’

FOR FURTHER INFORMATION CONTACT: Bill 

Russo, Chief of C&P Rewrite Projects 

(00REG2), Office of Regulation Policy 

and Management, Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, telephone 

(202) 273–9515. This is not a toll-free 

number.

Approved: February 3, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

[FR Doc. 04–2795 Filed 2–9–04; 8:45 am] 

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WV063–6032b; FRL–7613–1] 

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: Proposed rule.

SUMMARY: EPA proposes to approve 

revisions to the West Virginia State 

Implementation Plan (SIP). The 

revisions amend the 1-hour ozone 

maintenance plans for Greenbrier 

County and the Charleston, Huntington 

and Parkersburg areas. These revisions 

amend the maintenance plan’s 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. In the 

final rules section of this Federal 

Register, EPA is approving West 

Virginia’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time.

DATES: Comments must be received in 

writing by March 11, 2004.

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 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 

at the West Virginia Department of 

Environmental Protection, Division of 

Air Quality, 7012 MacCorkle Avenue, 

SE., Charleston, WV 25304–2943.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’

section of this Federal Register

publication. 

You may submit comments either 

electronically or by mail. To ensure 

proper receipt by EPA, identify the 

appropriate rulemaking identification 

number, WV063–6032, in the subject 

line on the first page of your comment. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the