77140 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 

exemption threshold is $34 million. 

Depository institutions with assets at or 

below $34 million are exempt from 

collecting data for 2005.

* * * * *

By order of the Board of Governors of 

the Federal Reserve System, acting 

through the Director of the Division of 

Consumer and Community Affairs 

under delegated authority, December 21, 

2004.

Jennifer J. Johnson, 

Secretary of the Board.

[FR Doc. 04–28215 Filed 12–23–04; 8:45 am] 

BILLING CODE 6210–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–224] 

RIN 1625–AA00 

Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Delaware River encompassing all 

waters from the Tacony-Palmyra Bridge 

to the Bellevue/Marcus Hook ship 

ranges at Buoy 2M, shoreline to 

shoreline. The temporary safety zone 

prohibits persons or vessels from 

entering the zone, unless authorized by 

the Captain of the Port Philadelphia, PA 

or designated representative. This safety 

zone is necessary to provide for the 

safety of life, property and to facilitate 

oil spill environmental response 

activities.

DATES: This rule is effective from 

December 15, 2004 until January 15, 

2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

224 and are available for inspection or 

copying at Coast Guard Marine Safety 

Office Philadelphia, One Washington 

Avenue, Philadelphia, Pennsylvania, 

19147, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Kevin Sligh or 

Ensign Jill Munsch, Coast Guard Marine 

Safety Office/Group Philadelphia, at 

(215) 271–4889.

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) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. Publishing a NPRM 

and delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against potential hazards 

associated with oil spill recovery 

operations and to ensure the safety of 

the environment on the Delaware River 

and its tributaries. 

Background and Purpose 

On November 27, 2004 at 9:30 p.m. 

the T/V ATHOS I reported a major 

discharge of oil on the waters of the 

Delaware River. Oil spill response 

operations are being conducted in the 

safety zone. A number of oil spill 

response vessels and clean up personnel 

will be in the safety zone during the 

duration of the response operations. 

This rule establishes a safety zone, on 

the Delaware River covering all the 

waters of the area bound from the 

Tacony-Palmyra Bridge to the Bellevue/

Marcus Hook ship ranges, at Buoy 2M. 

Mariners will only be allowed to transit 

the safety zone with the permission of 

the COTP or his designated 

representative. The safety zone will 

protect mariners and oil spill 

responders from the hazards associated 

with spill recovery and clean up 

operations. The Captain of the Port will 

notify the maritime community, via 

marine broadcasts, of the ability of 

vessels to transit through the safety 

zone. Mariners allowed to travel 

through the safety zone with the 

permission of the COTP must maintain 

a minimum safe speed, in accordance 

with the Navigation Rules as seen in 33 

CFR Chapter I, Subchapters D and E. 

Regulatory Evaluation 

This temporary rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

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 rule to be minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary.

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule will 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. 

This will have virtually no impact on 

any small entities. This rule does not 

require a general notice of proposed 

rulemaking and, therefore, it is exempt 

from the requirement of the Regulatory 

Flexibility Act. Although this rule is 

exempt, we have reviewed it for 

potential economic impact on small 

entities. 

Therefore, the Coast Guard certifies 

under section 605 (b) of the Regulatory 

Flexibility Act (5 U.S.C 605(b)) that this 

will not have a significant impact on a 

substantial number of small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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 (1–888–743–3247). 

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 this rule does not have 

implications for federalism. 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Rules and Regulations 77141

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 would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 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 concern 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 12211, 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 considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

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 rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards.

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 as follows:

PART 165—REGULATED NAVIATION 

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 temporary § 165.T05–224 to 

read as follows:

§ 165.T05–224 Safety zone; Delaware River 

(a) Location. The following area is a 

temporary safety zone: All waters of the 

Delaware River from the TaconyPalmyra Bridge to the Bellevue/Marcus 

Hook ship ranges at Buoy 2M, shoreline 

to shoreline. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All vessel traffic is prohibited in 

the safety zone. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807. 

(3) All persons desiring to transit 

through the safety zone must contact the 

Captain of the Port at telephone number 

(215) 271–4807 or on VHF channel 13 

or 16 to seek permission prior to 

transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port Philadelphia, PA or 

designated representative. 

(4) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22 (157.1 MHZ). 

(5) Mariners granted permission to 

transit the safety zone must maintain 

the minimum safe speed necessary to 

maintain navigation as per 33 CFR 

Chapter I, Subchapters D and E. 

(c) Definitions.

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. 

(d) Effective period. This section is 

effective from December 15, 2004 until 

January 15, 2005.

Dated: December 14, 2004. 

Jonathan D. Sarubbi, 

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

Port Philadelphia.

[FR Doc. 04–28226 Filed 12–23–04; 8:45 am] 

BILLING CODE 4910–15–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 04–53; DA 04–3944; FCC 

04–194] 

Rules and Regulations Implementing 

the Controlling of the Assault of NonSolicited Pornography and Marketing 

Act of 2003; Rules and Regulations 

Implementing the Telephone 

Consumer Protection Act of 1991

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office