Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 52917 

that is replaced by another bond, 

whether it be a trust fund or other 

financial instrument used as a collateral 

bond, that will cover the area and cost 

of treatment facilities. Therefore, to the 

extent that the reference in section 

4(g)(3) to release of the ‘‘whole’’ bond 

means the original bond that is replaced 

by the new bond in the form of another 

financial assurance mechanism, that 

reference is approved. 

Section 4(g)(3) was also amended by 

deleting bond release language 

applicable to noncoal surface mining 

operations. Since SMCRA contains no 

counterpart to this language, the 

deletion of the language does not render 

the Pennsylvania program inconsistent 

with SMCRA or the implementing 

Federal regulations. 

For the above noted reasons, we are 

approving the amendments to Section 

4(g)(3). 

Dated: July 14, 2005. 

Brent Wahlquist, 

Regional Director, Appalachian Region. 

[FR Doc. 05–17613 Filed 9–2–05; 8:45 am] 

BILLING CODE 4310–05–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–081] 

RIN 1625–AA09 

Drawbridge Operation 

Regulations:Townsend Gut, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operation regulations for the operation 

of the SR 27 Bridge, at mile 0.7, across 

Townsend Gut, between Boothbay 

Harbor and Southport, Maine. This 

temporary rule allows the bridge to 

open at specific times between 6 a.m. 

and 8 p.m., after a half-hour advance 

notice is given. Additionally, this 

temporary rule allows the bridge to 

remain closed for nine days, September 

19, 2005 through September 27, 2005. 

This action is necessary to help 

facilitate rehabilitation construction and 

painting at the bridge. 

DATES: This rule is effective from 

September 6, 2005 through November 

30, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD01–05–081) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, 408 Atlantic Avenue, 

Boston, Massachusetts, 02110, between 

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

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John W. McDonald, Project Officer, First 

Coast Guard District, (617) 223–8364. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(3), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. 

Additionally, under 5 U.S.C. 553(b)(B), 

the Coast Guard finds that good cause 

exists for making this temporary final 

rule effective less than 30 days after 

publication in the Federal Register. The 

Coast Guard believes that not publishing 

an NPRM and making this final rule 

effective less than 30 days after 

publication is necessary for the reasons 

discussed below, coupled with the fact 

that the bridge rehabilitation is 

necessary, vital work that must be 

performed in order to assure the 

continued, safe, and reliable operation 

of the bridge. Any delay in the 

implementation of this regulation would 

not be in the best interest of the public 

and public safety. 

On January 5, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 773). We 

received no comments in response to 

the notice of proposed rulemaking. No 

public hearing was requested and none 

was held. Then, on March 16, 2005, we 

published a temporary final rule (TFR) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 12805) 

which suspended the existing 

regulations and put in place temporary 

rules effective until November 30, 2005. 

On July 23, 2005, the bridge owner 

requested additional regulatory action to 

help facilitate the timely completion of 

the bridge painting aspect of this 

project. The contractor’s progress would 

not allow completion of the project on 

time before the winter months, which 

require painting operations to stop due 

to cold temperatures. As a result, the 

bridge owner requested that the bridge 

remain closed at night from 8 p.m. 

through 6 a.m. to allow the contractor 

uninterrupted time to complete the 

bridge repairs and painting. However, 

before we could publish the requested 

change to the temporary regulation the 

bridge owner again changed their 

request. The bridge owner advised the 

Coast Guard that the night closure plan 

would not work due to known adverse 

public response to nighttime operations. 

As a result of the late notice from the 

bridge owner and the necessity to 

complete vital repairs, the Coast Guard 

is now revising the current rules to 

allow the bridge to open less frequently 

during the daytime. 

Background and Purpose 

The SR 27 Bridge has a vertical 

clearance of 10 feet at mean high water, 

and 19 feet at mean low water in the 

closed position. The permanent 

drawbridge operating regulations at 33 

CFR 117.5, which were suspended from 

March 14, 2005 through November 30, 

2005, require the bridge to open on 

signal at all times. 

On January 5, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations, Townsend Gut, Maine, in 

the Federal Register (70 FR 773). We 

received no comments in response to 

the notice of proposed rulemaking. No 

public hearing was requested and none 

was held. 

On March 16, 2005, we published a 

temporary final rule (TFR) entitled 

Drawbridge Operation Regulations, 

Townsend Gut, Maine, in the Federal 

Register (70 FR 12805). 

On July 23, 2005, the bridge owner 

requested additional regulatory action to 

help facilitate the timely completion of 

the bridge painting portion of this 

project. The contractor’s progress would 

not allow completion of the project 

before the winter months when painting 

operations are not possible due to cold 

temperatures. As a result, the Coast 

Guard is revising the current temporary 

rules to allow the bridge to open less 

frequently during the daytime. A halfhour advance notice will be required to 

allow the construction workers 

sufficient time to clear the bridge before 

each bridge opening. Under this 

temporary rule the bridge will open 

during the daytime at 6 a.m., 12 p.m., 

6 p.m. and 8 p.m., after a half-hour 

notice is given by calling the number 

posted at the bridge. At all other times 

from 8 p.m. until 6 a.m., the bridge will 

open on signal. 

In order to facilitate necessary repairs, 

the bridge owner requested a nine-day 

bridge closure from September 19, 2005 

through September 27, 2005. Therefore, 

in addition to the 4 closure periods 

identified in the March 16, 2005 

temporary final rule, which have 

already occurred, the bridge will be 

closed from September 19, 2005 through 

52918 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 

September 27, 2005 under this 

regulation. 

Discussion of Changes 

The Coast Guard is changing 

temporary final rule 117.T536, which 

authorized the bridge to open at 6 a.m., 

8 a.m., 10 a.m., 12 p.m., 2 p.m., 4 p.m., 

and 6 p.m., after a half-hour notice is 

given. This temporary final rule changes 

that schedule to allow the bridge to 

open at 6 a.m., 12 p.m., 6 p.m., and 8 

p.m. after a half-hour notice is given by 

calling the number posted at the bridge. 

At all other times from 8 p.m. to 6 a.m., 

the bridge will open on signal. In 

addition, a nine-day closure is in effect 

from September 19, 2005 through 

September 27, 2005. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, 

RegulatoryPlanning and Review, 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). 

This conclusion is based on the fact 

that vessel traffic will still be able to 

transit through the SR 27 Bridge under 

a fixed opening schedule. Vessel 

operators may adjust their schedules to 

correspond with the opening schedule 

at the bridge. Vessel operators may also 

use the alternate route should they need 

to transit at other times. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this 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 less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b), that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This conclusion is based on the fact 

that vessel traffic will still be able to 

transit through the SR 27 Bridge under 

a fixed opening schedule. Vessel 

operators may adjust their schedules to 

correspond with the opening schedule 

at the bridge. Vessels operators may also 

use an alternate route should they need 

to transit at other times. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

During the course of rulemaking upon 

this bridge, beginning on January 5, 

2005, no small entities requested Coast 

Guard assistance and none was given. 

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 (1–888–734–3247). 

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 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 

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 will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 

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 final rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have 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. 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 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Rules and Regulations 52919 

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 final 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, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. It has been determined 

that this final rule does not significantly 

impact the environment. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—[AMENDED] 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 170.1; section 117.255 also issued under 

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

5039. 

■ 2. Revise § 117.T536 to read as 

follows: 

§ 117.T536 Townsend Gut. 

The draw of the SR 27 Bridge, mile 

0.7, across Townsend Gut shall operate 

as follows: 

(a) From September 6, 2005 through 

November 30, 2005, the SR 27 Bridge 

shall open on signal at 6 a.m., 12 p.m., 

6 p.m., and 8 p.m., after at least a halfhour advance notice is given by calling 

the number posted at the bridge. At all 

other times from 8 p.m. to 6 a.m. the 

draw shall open on signal. 

(b) From September 19, 2005 through 

September 27, 2005, the bridge need not 

open for the passage of vessel traffic. 

Dated: August 25, 2005. 

Mark J. Campbell, 

Captain, U.S. Coast Guard, Acting First 

District Commander. 

[FR Doc. 05–17714 Filed 9–1–05; 2:26 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[DC102–2050; FRL–7953–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by the District of Columbia 

that are incorporated by reference (IBR) 

into the State implementation plan 

(SIP). The regulations affected by this 

update have been previously submitted 

by the State agency and approved by 

EPA. This update affects the SIP 

materials that are available for public 

inspection at the National Archives and 

Records Administration (NARA), the 

Air and Radiation Docket and 

Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA Regional Office. 

EFFECTIVE DATE: This action is effective 

September 6, 2005. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, U.S. Environmental 

Protection Agency, 1301 Constitution 

Avenue NW., Room B108, Washington, 

DC 20460; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the State. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations as being part of the 

SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and Office 

of the Federal Register (OFR). The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. 

On December 7, 1998, (63 FR 67407) 

EPA published a document in the 

Federal Register beginning the new IBR 

procedure for the District of Columbia. 

On August 6, 2004 (69 FR 47773), EPA 

published an update to the IBR material 

for the District of Columbia. In this 

action, EPA is doing the following: 

1. Announcing the second update to 

the material being IBR’ed. 

2. Making corrections to the chart 

listed in § 52.470(c), as described below: 

a. Chapter 1 (General), Section 199 

(Definitions and Abbreviations)—

Entries for Section 199 which were 

inadvertently removed by a December 

28, 2004 rulemaking action are being 

restored to the table. 

b. Chapter 3 (Operating Permits), 

Section 307, the State effective date is 

revised to read ‘‘4/16/04.’’

c. Chapter 6 (Particulates), Section 

600.1—In the ‘‘Additional explanation’’

column, a brief description of the 

revision is added. 

d. Chapter 7 (Volatile Organic 

Compounds), Section 715—the State 

effective date is revised to read ‘‘4/16/ 

04.’’

e. Chapter 7, Sections 749 through 

754—an entry is added to the 

‘‘Additional explanation’’ column to 

reference a related correction final 

rulemaking action. 

f. Chapter 7, Section 799—An entry 

for Section 799 which was inadvertently 

deleted by a December 23, 2004 

rulemaking action is being restored. 

g. Chapter 7, Section 799—The entry 

in the ‘‘Title/subject’’ column is revised 

to read ‘‘Definitions and Abbreviations.’’

h. Chapter 7, Section 799—Language 

is added to the ‘‘Additional 

explanation’’ column to provide a brief 

explanation of the entries for this 

section. 

i. Chapter 8 (Asbestos, Sulfur, and 

Nitrogen Oxides), Section 805—In the 

‘‘EPA approval date’’ column, the 

Federal Register page citation is 

revised, and the language in the 

‘‘Additional explanation’’ section is 

revised to include citations for all of the 

revised paragraphs. 

EPA has determined that today’s falls 

under the ‘‘good cause’’ exemption in 

section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately