75472 Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 

Dated: December 10, 2004. 

Robert W. Werner, 

Director, Office of Foreign Assets Control.

Approved: December 13, 2004. 

Juan C. Zarate, 

Assistant Secretary, Terrorist Financing and 

Financial Crimes, Department of the 

Treasury.

[FR Doc. 04–27717 Filed 12–14–04; 5:07 pm] 

BILLING CODE 4810–25–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–223] 

RIN 1625–AA–09 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AICW), 

Elizabeth River, Southern Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations and request for 

comments. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations to test an alternate 

drawbridge operation regulation for the 

Dominion Boulevard (US 17) Bridge 

across the Southern Branch of the 

Elizabeth River, at AICW mile 8.8, at 

Chesapeake, Virginia. Under this 

temporary 90-day deviation, from 8:30 

a.m. to 4 p.m., Monday through Friday, 

except Federal holidays, the draw of the 

bridge will open every hour on the half 

hour. During the temporary deviation, 

the bridge will continue to open on 

signal for commercial vessels that 

provide a two-hour advance notice and 

will open on demand at all times for 

commercial vessels carrying liquefied 

flammable gas or other hazardous 

materials. 

The purpose of this temporary 

deviation is to test an alternate 

drawbridge operation schedule for 90 

days and solicit comments from the 

public.

DATES: This deviation is effective from 

8:30 a.m. on December 13, 2004, to 4 

p.m. on March 13, 2005. Comments 

must reach the Coast Guard on or before 

March 14, 2005.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 1st Floor, 431 Crawford Street, 

Portsmouth, Virginia 23704–5004, or 

they may be hand delivered to the same 

address between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. The Commander (obr), Fifth 

Coast Guard District maintains the 

public docket for this test schedule. 

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 the above 

address. 

Request for Comments 

We encourage you to participate in 

this test deviation by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this test deviation CGD05–04–223, 

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 they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period.

FOR FURTHER INFORMATION CONTACT: Bill 

Brazier, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6422.

SUPPLEMENTARY INFORMATION: In an 

effort to ease vehicle traffic congestion 

as a result of recent vessel openings of 

the drawbridge, the Coast Guard has 

issued a temporary deviation from the 

drawbridge regulations to test for a 

period of 90 days an alternate 

drawbridge operation schedule. 

Under this 90-day temporary 

deviation, effective from December 13, 

2004 to March 13, 2005, the Dominion 

Boulevard (US 17) Bridge, mile 8.8 in 

Chesapeake, shall open on signal for 

commercial vessels that provide a twohour advance notice and will open on 

demand at all times for commercial 

vessels carrying liquefied flammable gas 

or other hazardous materials. From 

December 13, 2004 to March 13, 2005, 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, except Federal holidays, 

the draw need be opened only every 

hour on the half hour. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.43.

Dated: December 10, 2004. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District.

[FR Doc. 04–27676 Filed 12–16–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 9 

[FRL–7849–9] 

OMB Approvals Under the Paperwork 

Reduction Act; Technical Amendment

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

technical amendment amends the table 

that lists the Office of Management and 

Budget (OMB) control numbers issued 

under the PRA for Effluent Limitations 

Guidelines and New Source 

Performance Standards for the 

Concentrated Aquatic Animal 

Production Point Source Category; Final 

Rule.

DATES: Effective Date: This final rule is 

effective December 17, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Marta Jordan at (202) 566–1049.

SUPPLEMENTARY INFORMATION: EPA is 

amending the table of currently 

approved information collection request 

(ICR) control numbers issued by OMB 

for various regulations. The amendment 

updates the table to list those 

information collection requirements 

promulgated under the Effluent 

Limitations Guidelines and New Source 

Performance Standards for the 

Concentrated Aquatic Animal 

Production Point Source Category; Final 

Rule, which appeared in the Federal 

Register on August 23, 2004 (69 FR 

51892). The affected regulations are 

codified at 40 CFR part 451. EPA will 

continue to present OMB control 

numbers in a consolidated table format 

to be codified in 40 CFR part 9 of the 

Agency’s regulations, and in each CFR 

volume containing EPA regulations. The 

table lists CFR citations with reporting, 

recordkeeping, or other information 

collection requirements, and the current 

OMB control numbers. This listing of 

the OMB control numbers and their 

subsequent codification in the CFR 

satisfies the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) and OMB’s implementing 

regulations at 5 CFR part 1320. 

This ICR was previously subject to 

public notice and comment prior to 

OMB approval. Due to the technical 

nature of the table, EPA finds that 

further notice and comment is 

unnecessary. As a result, EPA finds that 

there is ‘‘good cause’’ under section 

553(b)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), to 

Federal Register / Vol. 69, No. 242 / Friday, December 17, 2004 / Rules and Regulations 75473

amend this table without prior notice 

and comment. 

I. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. In 

addition, this action does not impose 

any enforceable duty, contain any 

unfunded mandate, or impose any 

significant or unique impact on small 

governments as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not require prior consultation with 

State, local, and tribal government 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993) 

or Executive Order 13084 (63 FR 27655 

(May 10, 1998), or involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). Because this action is not subject 

to notice-and-comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the regulatory flexibility provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997) because EPA interprets 

Executive Order 13045 as applying only 

to those regulatory actions that are 

based on health or safety risks, such that 

the analysis required under section 5–

501 of the Order has the potential to 

influence the regulation. This rule is not 

subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. EPA’s 

compliance with these statutes and 

Executive Orders for the underlying rule 

is discussed in the August 23, 2004, 

Federal Register notice. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefor, and established an 

effective date of December 17, 2004. 

EPA will submit a report containing this 

rule and other required information to 

the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements.

Dated: December 4, 2004. 

Oscar Morales, 

Director, Collection Strategies Division, Office 

of Information Collection.

■ For the reasons set out in the preamble, 

40 CFR part 9 is amended as follows:

PART 9—[AMENDED]

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048.

■ 2. In § 9.1 the table is amended by 

adding the heading and entry below in 

numerical order to read as follows:

§ 9.1 OMB approvals under the Paperwork 

Reduction Act.

* * * * *

40 CFR citation OMB

Control No. 

* * * * * 

Concentrated Aquatic Animal Production 

Point Source Category

451.3 .................................. 2040–0258 

451.11(d) .................................. 2040–0258 

451.21(g) .................................. 2040–0258 

* * * * * 

[FR Doc. 04–27663 Filed 12–16–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R04–OAR–2004–KY–0001–200425(a); FRL–

7848–9] 

Approval and Promulgation of 

Implementation Plans Kentucky: 1-

Hour Ozone Maintenance Plan Update 

for Edmonson Area

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Today’s action consists of two 

distinct but related final rulemakings 

briefly characterized here and further 

discussed in the SUPPLEMENTARY

INFORMATION section of this rule. First, 

EPA is approving revisions to the 

Edmonson County portion of the State 

Implementation Plan (SIP) submitted by 

the Commonwealth of Kentucky, in 

draft form on February 19, 2004, and in 

final form on August 24, 2004. The 

August 24, 2004, SIP revision provides 

the 10-year update to the original 1-hour 

ozone maintenance plans for three 1-

hour ozone maintenance areas, 

including the Edmonson County 

Maintenance Area, and also provides 

revised 2004 motor vehicle emission 

budgets (MVEBs) and establishes 2015 

MVEBs. Through this action, EPA is 

providing notification of its 

determination that the Edmonson 

County portion of the Commonwealth’s 

SIP revision satisfies the requirement of 

the Clean Air Act (CAA) as amended in 

1990 for the 10-year update for the 1-

hour ozone maintenance plan for 

Edmonson County Maintenance Area. 

Secondly, EPA is providing information 

on the status of its transportation 

conformity adequacy determination for 

the new MVEBs for the year 2015 that 

are contained in the 10-year update to 

the 1-hour ozone maintenance plan for 

the Edmonson County Area. In today’s 

action, EPA is only addressing the 

portion of the SIP revision for 

Edmonson County. EPA will take 

separate action to address the other 

portions of the SIP revision.

DATES: This direct final rule is effective 

February 15, 2005, without further 

notice, unless EPA receives adverse 

comment by January 18, 2005. If adverse 

comment is received, EPA 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: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID No. R04–OAR–2004–