Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Proposed Rules 75011

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

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, paragraphs 34(f) and (34)(g), 

of the Instruction, from further 

environmental documentation. 

A draft ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether to 

categorically exclude this rule from 

further environmental review.

List of Subjects 

33 CFR Part 110 

Anchorage grounds. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways.

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR parts 110 and 165 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). Department of Homeland Security 

Delegation No. 0170.1.

2. Amend § 110.157 by adding 

paragraph (b)(11) to read as follows:

§ 110.157 Delaware Bay and River.

* * * * *

(b) * * * 

(11) From September 1 through 

December 31 each year, the following 

requirements and restrictions apply: 

(i) Before anchoring in Anchorage 7 

off Marcus Hook, as described in 

paragraph (a)(8) of this section, a vessel 

must first obtain permission from the 

Captain of the Port, Philadelphia, at 

least 24 hours in advance of arrival. 

Permission to anchor will be granted on 

a ‘‘first-come, first-serve’’ basis. The 

Captain of the Port, Philadelphia will 

allow only one vessel at a time to be at 

anchor in Anchorage 7, and no vessel 

may remain within Anchorage 7 for 

more than 12 hours. Any vessel arriving 

from or departing to sea that requires an 

examination by the public health 

service, customs or immigration 

authorities will be directed to an 

anchorage for the required inspection by 

the Captain of the Port on a case-by-case 

basis.

(ii) For Anchorage 6 off Deepwater 

Point, as described in paragraph (a)(7) of 

this section, and Anchorage 9 near 

entrance to Mantua Creek, as described 

in paragraph (a)(10) of this section. 

(A) Any vessel 700 feet or greater in 

length requesting anchorage shall obtain 

permission from the Captain of the Port, 

Philadelphia, Pennsylvania, at least 24 

hours in advance. 

(B) Any vessel from 700 to 750 feet in 

length shall have one tug alongside at 

all times while the vessel is at anchor. 

(C) Any vessel greater than 750 feet in 

length shall have two tugs alongside at 

all times while the vessel is at anchor. 

(D) The Master, owner or operator of 

a vessel at anchor shall ensure that any 

tug required by this section is of 

sufficient horsepower to assist with 

necessary maneuvers to keep the vessel 

clear of the navigation channel. 

(iii) As used in this section, Captain 

of the Port means the Captain of the 

Port, Philadelphia, Pennsylvania or any 

Coast Guard commissioned, warrant, or 

petty officer authorized to act on his 

behalf. The Captain of the Port may be 

contacted by telephone at (215) 271–

4807 or via VHF marine band radio, 

channels 13 and 16.

* * * * *

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

3. 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.

4. Add § 165.509 to read as follows:

§ 165.509 Safety Zone; Delaware River 

(a) Definition. As used in 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 on his behalf. The 

Captain of the Port may be contacted by 

telephone at (215) 271–4807 or via VHF 

marine band radio, channels 13 and 16. 

(b) Location. The following area is a 

safety zone: 

All waters located within a 150-yard 

radius arc centered on the dredging 

operation and barge, conducting 

dredging operations in or near the 

Marcus Hook Range Channel in the 

vicinity of Anchorage 7 off Marcus 

Hook. 

(c) Enforcement. This safety zone will 

be enforced annually from September 1 

through December 31. 

(d) Regulations.

(1) All persons are required to comply 

with the general regulations governing 

safety zones in 33 CFR 165.23 of this 

part. 

(2) All Coast Guard vessels enforcing 

this safety zone or watch officers aboard 

the dredge and barge can be contacted 

on VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807.

Dated: August 19, 2004. 

Ben Thomason III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–27473 Filed 12–14–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–04–047] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the drawbridge operating 

regulations governing the operation of 

75012 Federal Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Proposed Rules 

the Long Beach Bridge, at mile 4.7, 

across Reynolds Channel New York. 

This notice of proposed rulemaking 

would allow the Long Beach Bridge to 

remain closed from 10 p.m. to midnight 

on July 3 each year. This rule is 

necessary to facilitate public safety 

during the annual fireworks display at 

Town Park on Lookout Point, New York.

DATES: Comments must reach the Coast 

Guard on or before February 14, 2005.

ADDRESSES: You may mail comments to 

Commander (obr), First Coast Guard 

District Bridge Branch, One South 

Street, Battery Park Building, New York, 

New York, 10004, or deliver them to the 

same address between 7 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is (212) 668–7165. The First Coast 

Guard District, Bridge Branch, 

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 

the First Coast Guard District, Bridge 

Branch, 7 a.m. to 3 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Gary Kassof, Bridge Administrator, First 

Coast Guard District, (212) 668–7165.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments or related material. If you do 

so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD01–04–047), 

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 they 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 the First 

Coast Guard District, Bridge Branch, 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 

The Long Beach Bridge has a vertical 

clearance of 20 feet at mean high water 

and 24 feet at mean low water. The 

existing regulations are listed at 33 CFR 

117.799(g). 

The Town of Hempstead, Department 

of Public Works requested that the Long 

Beach Bridge opening schedule be 

changed to allow the Long Beach Bridge 

to remain closed from 10 p.m. to 

midnight on July 3 each year to facilitate 

vehicular traffic and public safety 

during the annual Salute to Veterans 

and Fireworks Display at Town Park on 

Lookout Point, New York. 

On June 2, 2004, we published a 

temporary deviation and request for 

comment entitled Drawbridge Operation 

Regulations; Long Island, New York 

Inland Waterway from East Rockaway 

Inlet to Shinnecock Canal, New York, in 

the Federal Register (69 FR 31005). We 

received no comments in response to 

our temporary deviation and request for 

comment. 

Discussion of Proposed Rule 

This proposed change would amend 

33 CFR 117.799 by adding a new 

paragraph (g)(3). 

This proposed change would allow 

the above bridge to remain in the closed 

position from 10 p.m. to midnight on 

July 3 each year to facilitate public 

safety during the annual fireworks 

display at Town Park on Lookout Point, 

New York. 

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 

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 proposed rule to be so minimal that 

a full Regulatory Evaluation, under the 

regulatory policies and procedures of 

DHS, is unnecessary. 

This conclusion is based on the fact 

that the bridge closure is of short 

duration in the interest of public safety. 

Small Entities

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we 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 

section 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 conclusion is based on the fact 

that the bridge closures are of short 

duration in the interest of public safety. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this 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 section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want 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 rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact us in writing 

at, Commander (obr), First Coast Guard 

District, Bridge Branch, 408 Atlantic 

Avenue, Boston, MA 02110–3350. The 

telephone number is (617) 223–8364. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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 

Arule 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 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 Register / Vol. 69, No. 240 / Wednesday, December 15, 2004 / Proposed Rules 75013

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 affect 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 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 rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments

This proposed 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 proposed 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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it 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 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 

proposed rule is categorically excluded, 

under figure 2–1, paragraph (32)(e), of 

the Instruction, from further 

environment documentation because it 

has been determined that the 

promulgation of operating regulations or 

procedures for drawbridges are 

categorically excluded.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations 

For the reasons set out in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

2. Section 117.799 is amended by 

adding a new paragraph (g)(3) to read as 

follows:

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal.

* * * * *

(g) * * * (3) From 10 p.m. to 

midnight on July 3 each year the draw 

need not open for the passage of vessel 

traffic.

* * * * *

Dated: December 6, 2004. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District.

[FR Doc. 04–27470 Filed 12–14–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–04–143] 

RIN 2115–AE47 

Drawbridge Operation Regulations; 

Taunton River, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the drawbridge operating 

regulations governing the operation of 

the Brightman Street Bridge, mile 1.8, 

across the Taunton River between Fall 

River and Somerset, Massachusetts. 

This proposed change to the drawbridge 

operation regulations would allow the 

bridge to remain closed for the passage 

of pleasure craft traffic from 7 a.m. to 

9:30 a.m. and 4 p.m. to 6:30 p.m., 

Monday through Friday, except 

holidays, from June 1 through August 

31. The draw would open on signal at 

all times for commercial vessel traffic. 

This action is expected to help relieve 

vehicular traffic delays during the 

morning and afternoon commuter time 

periods while continuing to meet the 

reasonable needs of navigation.

DATES: Comments must reach the Coast 

Guard on or before February 14, 2005.

ADDRESSES: You may mail comments to 

Commander (obr), First Coast Guard 

District Bridge Branch, 408 Atlantic 

Avenue, Boston, Massachusetts 02110, 

or deliver them to the same address 

between 7 a.m. and 3 p.m., Monday 

through Friday, except, Federal 

holidays. The telephone number is (617) 

223–8364. The First Coast Guard 

District, Bridge Branch, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents