51264 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

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. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

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, we believe this 

rule should be categorically excluded, 

under figure 2–1, paragraph (34)(g), of 

the Instruction, from further 

environmental documentation. This 

safety zone fits paragraph 34(g) because 

it establishes a safety zone. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be excluded from further 

environmental review. 

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.T09.118 to read as 

follows: 

§ 165.T09.118 Safety Zone; Northerly 

Island, Chicago, IL 

(a) Location. The following is a safety 

zone: all waters of Lake Michigan 

bounded by the arc of a circle with a 

radius of 150-feet with its center at the 

shoreline of Northerly Island in the 

approximate position 41°51′12′′ N, 

087°36′30′′ W (NAD 1983). 

(b) Effective time and date. This rule 

is effective from 8 a.m. (local) August 

22, 2005 until 8 a.m. (local) on October 

22, 2005. 

(c) Regulations. In accordance with 

§ 165.23, entry into this zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port, Lake 

Michigan, or the designated On-Scene 

Representative. Section 165.23 also 

contains other general requirements. 

Dated: August 18, 2005. 

H.M. Hamilton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Lake Michigan. 

[FR Doc. 05–17160 Filed 8–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

CGD09–05–108 

RIN 1625–AA00 

Safety Zone; Celebrate Baldwinsville 

Fireworks, Baldwinsville, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

encompassing the navigable waters of 

the Seneca River. This safety zone is 

necessary to ensure the safety of 

spectators and vessels from the hazards 

associated with fireworks displays. This 

safety zone is intended to restrict vessel 

traffic from a portion of the Seneca 

River, New York. 

DATES: This rule is effective from 10 

p.m. (local) until 10:30 p.m. (local) on 

September 17, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD09–05–

108 and will be available for inspection 

or copying at: U.S. Coast Guard Marine 

Safety Office Buffalo, 1 Fuhrmann Blvd, 

Buffalo, New York 14203, between 8 

a.m. and 4 p.m., Monday through 

Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: LT 

Tracy Wirth, U. S. Coast Guard Sector 

Buffalo, at (716) 843–9573. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

Pursuant to 5 U.S.C. 553, a notice of 

rulemaking (NPRM) has not been 

published for this regulation and good 

cause exists for making it effective 

without publication of an NPRM in the 

Federal Register. Publishing a NPRM 

would be contrary to public interest 

since immediate action is necessary to 

ensure the safety of vessels and persons 

that transit in the vicinity of the Tacoma 

Narrows Bridge. If normal notice and 

comment procedures were followed, 

this rule would not become effective 

until after the date of the event. 

Temporary safety zones are necessary 

to ensure the safety of vessels and 

spectators from the hazards associated 

with fireworks displays. Based on recent 

accidents that have occurred in other 

Captain of the Port zones, and the 

explosive hazard of fireworks, the 

Captain of the Port Buffalo has 

determined fireworks launches in close 

proximity to watercraft pose significant 

risks to public safety and property. The 

likely combination of large numbers of 

recreational vessels, congested 

waterways, darkness punctuated by 

bright flashes of light, alcohol use, and 

debris falling into the water could easily 

result in serious injuries or fatalities. 

Establishing a safety zone to control 

vessel movement around the locations 

of the launch platforms will help ensure 

the safety of persons and property at 

these events and help minimize the 

associated risk. 

Discussion of Rule 

The safety zone consists of all 

navigable waters of the Seneca River 

within 800 foot radius of the fireworks 

barge moored/anchored in approximate 

position 43°09′27′′ N, 076°20′25′′ W. All 

Geographic coordinates are North 

American Datum of 1983 (NAD 83). The 

size of this zone was determined using 

the National Fire Prevention 

Association guidelines and local 

knowledge concerning wind, waves, 

and currents. 

The Coast Guard believes this 

regulation will not pose any new 

problems for commercial vessels 

transiting the area. In the unlikely event 

that shipping is affected by this 

regulation, commercial vessels may 

request permission from the Captain of 

the Port Buffalo to transit through the 

safety zone. 

Regulatory Evaluation 

This 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 this rule under 

that order. It is not ‘‘significant’’ under 

the regulatory policies and procedures 

of the Department of Homeland Security 

(DHS) (44 FR 11040, February 26, 1979). 

We expect the economic impact of this 

rule to be so minimal that a full 

Regulatory Evaluation under paragraph 

Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 51265 

10(e) of the regulatory policies and 

procedures of DHS is unnecessary. 

This determination is based on the 

minimal time that vessels will be 

restricted from the zones, and all of the 

zones are in areas where the Coast 

Guard expects insignificant adverse 

impact to mariners from the zones’

activation. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would have a 

significant 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 rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

commercial vessels intending to transit 

a portion of an activated safety zone. 

This safety zone would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: This safety zone 

is only in effect from 10 p.m. (local) 

until 10:30 p.m. (local) on the day of the 

event. Vessel traffic can safely pass 

outside the safety zone during the event. 

In cases where traffic congestion is 

greater than expected and/or blocks 

shipping channels, traffic may be 

allowed to pass through the safety zone 

under Coast Guard or assisting agency 

escort with the permission of the 

Captain of the Port Buffalo. 

Additionally, the Coast Guard has not 

received any negative reports from small 

entities affected during these displays in 

previous years. 

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 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects and participate 

in the rulemaking process. 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 Marine 

Safety Office Buffalo (see ADDRESSES). 

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 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 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 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 would not affect 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 

The Coast Guard has 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 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. 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. 

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. 

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 made a preliminary determination 

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, we believe that 

this rule should be categorically 

51266 Federal Register / Vol. 70, No. 167 / Tuesday, August 30, 2005 / Rules and Regulations 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This 

event establishes a safety zone; 

therefore, paragraph (34)(g) of the 

Instruction applies. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

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 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. A new temporary § 165.T09–108 is 

added to read as follows: 

§ 165.T09–108 Safety Zone; NY. 

(a) Location. The following area is a 

temporary safety zone: all waters of the 

Niagara River within an 800 foot radius 

of the fireworks barge moored/anchored 

in approximate position 43°09′27′′ N, 

076°20′25′′ W (NAD 83). 

(b) Effective time and date. This 

section is effective from 10 p.m. (local) 

until 10:30 p.m. (local) on September 

17, 2005. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entry into this safety zone is 

prohibited unless authorized by the 

Coast Guard Captain of the Port Buffalo, 

or his designated on-scene 

representative. 

Dated: August 4, 2005. 

S.J. Ferguson, 

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

Port Buffalo. 

[FR Doc. 05–17159 Filed 8–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[MN–86–2; FRL–7962–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Revised Format of 40 CFR 

Part 52 for Materials Being 

Incorporated by Reference; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the amendatory instruction in a 

final rule pertaining to the Revised 

Format of 40 CFR part 52 for Materials 

Being Incorporated by Reference for 

Minnesota. 

DATES: This final rule is effective on 

August 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, Chicago, Illinois 60604, (312) 

353–8328, or by e-mail at 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a document on February 24, 

2005 (70 FR 8930) redesignating 

§ 52.1220 as § 52.1222, when § 52.1222 

already existed. The intent of the rule 

was to remove the then existing 

§ 52.1222 titled ‘‘EPA-approved 

Minnesota State regulations’’ and then 

redesignate § 52.1220 as § 52.1222. This 

document corrects the erroneous 

amendatory language. 

Correction 

In the final rule published in the 

Federal Register on February 24, 2005 

(70 FR 8930), on page 8932 the 

amendatory instruction is corrected. 

Section 553 of the Administrative 

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

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 8, 2005. 

Norman Niedergang, 

Acting Regional Administrator, Region 5. 

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart Y—Minnesota 

§ 52.1222 [Removed] 

■ 2. Section 52.1222 titled ‘‘EPAapproved Minnesota State regulations’’

is removed. 

§ 52.1220 [Redesignated as § 52.1222] 

■ 3. Section 52.1220 is redesignated as 

§ 52.1222 and the section heading and 

paragraph (a) are revised to read as 

follows: 

§ 52.1222 Original Identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Minnesota’’ and all revisions 

submitted by Minnesota that were 

federally approved prior to December 1, 

2004. 

* * * * * 

[FR Doc. 05–17203 Filed 8–29–05; 8:45 am] 

BILLING CODE 6560–50–U 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 75 

[OAR–2002–0056; FRL–7960–1] 

RIN 2060–AJ65 

Standards of Performance for New and 

Existing Stationary Sources: Electric 

Utility Steam Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; corrections. 

SUMMARY: This action corrects and 

clarifies certain text of the final rule 

entitled ‘‘Standards of Performance for 

New and Existing Stationary Sources: 

Electric Utility Steam Generating