Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 77687

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. Under figure 2–1, 

paragraph (34)(g) of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. If you disagree with this 

categorical exclusion, comments on this 

section will be considered.

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:

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 § 165.518 to read as follows:

§ 165.518 Security Zone; Waters of the 

Fifth Coast Guard District. 

(a) Definitions. As used in this 

section—

Designated Representative means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the District Commander 

or local Captain of the Port (COTP), as 

defined in 33 CFR part 3, subpart 3.25, 

to act on his or her behalf. 

Escorted vessel means a vessel that is 

accompanied by one or more Coast 

Guard assets or Federal, State or local 

law enforcement agency assets as listed 

below: 

(1) Coast Guard surface or air asset 

displaying the Coast Guard insignia. 

(2) Coast Guard Auxiliary surface 

asset displaying the Coast Guard 

Auxiliary insignia. 

(3) State and/or local law enforcement 

asset displaying the applicable agency 

markings and or equipment associated 

with the agency. 

State and/or local law enforcement 

officers means any State or local 

government law enforcement officer 

who has authority to enforce State 

criminal laws. 

(b) Location. The following area is a 

security zone: 500-yard radius around 

escorted vessels in the navigable waters 

of the Fifth Coast Guard District as 

defined in 33 CFR 3.25–1, from surface 

to bottom. 

(c) Regulations. (1) No vessel may 

approach within 500 yards of an 

escorted vessel within the navigable 

waters of the Fifth Coast Guard District, 

unless traveling at the minimum speed 

necessary to navigate safely. 

(2) No vessel may enter within a 100-

yard radius of an escorted vessel within 

the navigable waters of the Fifth Coast 

Guard District, without approval from 

the District Commander, Captain of the 

Port or their designated representatives. 

(3) Moored or anchored vessels, 

which are overtaken by a moving zone, 

must remain stationary at their location 

until the escorted vessel maneuvers at 

least 500 yards past. 

(4) Vessels restricted in their ability to 

maneuver may request permission of the 

District Commander, Captain of the Port 

or designated representative to enter the 

security zone in order to ensure safe 

passage in accordance with the 

Navigation Rules in 33 CFR chapter I, 

subparts D and E. 

(5) The local COTP may notify the 

maritime and general public by marine 

information broadcast of the periods 

during which individual security zones 

have been activated by providing notice 

in accordance with 33 CFR 165.7. 

(6) When moored, a security zone 

around an escorted vessel may also be 

enforced by Coast Guard, State or local 

law enforcement personnel shoreside. 

(7) Persons desiring to transit within 

100 yards of an escorted vessel in the 

Fifth Coast Guard District must contact 

the local Captain of the Port on VHF 

channel 16 (156.800 MHz), VHF 

channel 13 (156.650 MHz) or at 

telephone numbers:

Philadelphia: (215) 271–4807, 

Baltimore: (410) 576–2693, 

Hampton Roads: (757) 668–5555 or 

(757) 484–8192, or 

Wilmington: (910) 772–2200 or (910) 

254–1500.

(8) If permission is granted to transit 

within 100 yards of an escorted vessel, 

all persons and vessels must comply 

with the instructions of the District 

Commander, Captain of the Port or his 

or her designated representative.

Dated: December 14, 2004. 

S. Brice-O’Hara, 

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

Fifth Coast Guard District.

[FR Doc. 04–28228 Filed 12–27–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0003; FRL–7854–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Excess Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Fee Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the District of 

Columbia (District) for the purpose of 

establishing a fee on major VOC 

(volatile organic compound) and NOX

(nitrogen oxides) sources in The District 

which is part of the Metropolitan 

Washington D.C. Severe Ozone 

Nonattainment Area. In the Final Rules 

section of this Federal Register, EPA is 

approving the State’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 all 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 January 27, 2005.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–DC–0003 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–DC–0003, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

77688 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–DC–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through RME or regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://www.docket.epa.gov/

rmepub/. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the District of Columbia 

Department of Public Health, Air 

Quality Division, 51 N Street, NE., 

Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT:

Catherine L. Magliocchetti, (215) 814–

2174, or by e-mail at 

magliocchetti.catherine@epa.gov.

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, Approval 

and Promulgation of Air Quality 

Implementation Plans; District of 

Columbia; Excess Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Fee Rule, that is located in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register publication.

Dated: December 14, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

[FR Doc. 04–28192 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0006; FRL–7854–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; VOC Emission Standards 

for Consumer Products

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the District of 

Columbia for the purpose of establishing 

a regulation to control the volatile 

organic compounds (VOC) from 

consumer products in the District of 

Columbia. In the Final Rules section of 

this Federal Register, EPA is approving 

the District’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 all 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 January 27, 2005.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–DC–0006 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–DC–0006 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–DC–0006. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through RME or regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your