Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55539 

the Port or his designated 

representative. 

(c) Enforcement. All persons and 

vessels must comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. Patrol personnel 

comprise commissioned, warrant, and 

petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

The U.S. Coast Guard may be assisted 

in the patrol and enforcement of these 

security zones by local law enforcement 

as necessary. 

(d) Effective period. This section 

becomes effective at 11:59 p.m. PDT on 

September 9, 2005, and will terminate at 

11:59 p.m. PST on March 31, 2006. 

Dated: September 9, 2005. 

W.J. Uberti, 

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

Port, San Francisco Bay, California. 

[FR Doc. 05–18936 Filed 9–21–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD01–05–085] 

RIN 1625–AA00 

Safety Zone; Blasting Operations, 

Demolition of Bridge Piers: Sikorsky 

Bridge Over the Housatonic River 

Between Stratford and Milford, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

within 300-yards of the Sikorsky Bridge, 

which runs between Milford and 

Stratford, CT. This temporary safety 

zone is necessary to protect the 

maritime community transiting the area 

from the potential safety hazards 

associated with the demolition and 

blasting operations of the piers of the 

old Sikorsky Bridge. Entry into this zone 

is prohibited unless authorized by the 

Captain of the Port, Long Island Sound, 

New Haven, Connecticut. 

DATES: This rule is effective from 6 a.m. 

September 26, 2005 through 6 p.m. 

October 6, 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 CGD01–05–085 and are available 

for inspection or copying at Coast Guard 

Sector Long Island Sound, New Haven, 

CT, between 9 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant A. Logman, Chief, 

Waterways Management Division, Coast 

Guard Sector Long Island Sound at (203) 

468–4429. 

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), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The Coast 

Guard was notified by the bridge owner, 

Connecticut Department of 

Transportation, of the dates of blasting 

and demolition operations on August 

24, 2005, leaving insufficient time to 

draft and publish an NPRM and to 

publish a final rule more than 30 days 

prior to the effective date. Under 5 

U.S.C. (d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective in less than 30 days after 

publication in the Federal Register. Any 

delay in the effective date of this rule 

would be contrary to the public interest 

as immediate action is necessary to 

close a portion of the Housatonic River 

within the vicinity of the Sikorsky 

Bridge to protect the maritime public 

from the hazards associated with 

blasting and debris removal operations 

for four piers from the old Sikorsky 

Bridge. 

Background and Purpose 

The Connecticut Route 15 Bridge over 

the Housatonic River, also known as the 

Sikorsky Bridge, is currently being 

rebuilt. Part of this process has included 

the demolition of the old Sikorsky 

Bridge. Piers from the old Bridge remain 

as hazards to navigation in the 

waterway and must be removed prior to 

further construction of the southern 

span of the new bridge. When 

detonated, spread of the debris will be 

minimized by a containment structure 

around each bridge pier. The blasting 

and demolition activities have been 

approved by the Connecticut 

Department of Environmental Protection 

to conduct blasting operations. This 

blasting will also require a Coast Guard 

explosives handling permit in 

accordance with 46 Code of Federal 

Regulations Part 176 as the explosives 

being used are being loaded onto vessels 

prior to being placed on the respective 

piers. The explosives loads onto vessels 

will be monitored by Coast Guard 

personnel. 

Discussion of Rule 

This rule establishes a temporary 

safety zone on all waters within 300- 

yards of the Piers of the old Sikorsky 

Bridge, Route 15 Bridge over the 

Housatonic River running between 

Milford and Stratford, CT. This action is 

intended to prohibit entry of persons 

and vessel traffic in a portion of the 

Housatonic River for the protection of 

life and property of the maritime public 

from the potential hazards associated 

with blasting operations and demolition 

of four piers of the old Sikorsky Bridge. 

The safety zone will be in effect for 

approximately 8 days; however, the 

zone will only be enforced for 

approximately four-30 minute periods 

during the blasting of each of the four 

bridge piers being demolished. Public 

notifications will be made of this safety 

zone via marine information broadcasts 

beginning 1 hour prior to the detonation 

of the explosives for each of the four 

piers. The detonations will take place 

during daylight hours, and will be 

conducted during high tide. 

Any violation of the safety zone 

described herein, is punishable by, 

among others, civil and criminal 

penalties, in rem liability against the 

offending vessel, and license sanctions. 

Regulatory Evaluation 

This 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 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 so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This rule may have 

some impact on the public, but these 

potential impacts will be minimized for 

the following reasons: This zone covers 

only a portion of the waters of the 

Housatonic River, and does not impact 

commercial vessels. Although this 

safety zone is in effect for 8 days, the 

safety zone will only be enforced during 

blasting operations, encompassing 

approximately 4 thirty minute periods 

over the 8 days. 

Small Entities 

Under the Regulatory Flexibility Act 

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

55540 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

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. 

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 rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

those portions of the Housatonic River 

that are covered by the safety zone. 

For the reasons outlined in the 

Regulatory Evaluation section above, 

this rule will not have a significant 

impact on a substantial number of small 

entities. 

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 subsection 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 [Pub. L. 104–121], 

the Coast Guard wants to assist small 

entities in understanding this rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If this rule would affect 

your small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please call 

Lieutenant A. Logman, Chief, 

Waterways Management Division, 

Sector Long Island Sound, at (203) 468–

4429. 

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 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 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 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 

would 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 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 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 

The Coast Guard 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, paragraph (34)(g) from 

further environmental documentation. 

This rule fits the category selected from 

paragraph (34)(g), as it establishes a 

safety zone. An Environmental Analysis 

Checklist and Categorical Exclusion 

Determination are available for review 

at the location listed under 

‘‘ADDRESSES’’. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55541 

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. 1225 and 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. From 6 a.m. on September 26, 2005, 

until 6 p.m. on October 6, 2005, add 

temporary § 165.T01–085 to read as 

follows: 

§ 165.T01–085 Safety Zone: Blasting 

operations, demolition of bridge piers: 

Sikorsky Bridge over the Housatonic River 

between Stratford and Milford, CT. 

(a) Location. All waters of the 

Housatonic River within 300 yards of 

the Sikorsky Bridge, over Route 15 

between Stratford and Milford, CT. 

(b) Enforcement period. The safety 

zone will be enforced from 6 a.m. on 

September 26, 2005 until 6 p.m. on 

September 29, 2005, and from 6 a.m. on 

October 3, 2005, until 6 p.m. on October 

6, 2005. 

(c) Regulations. (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into or movement within this 

zone is prohibited unless authorized by 

the Captain of the Port (COTP), Long 

Island Sound. 

(2) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or designated on-scene patrol 

personnel. On-scene Coast Guard patrol 

personnel include commissioned, 

warrant, and petty officers of the Coast 

Guard on board Coast Guard, Coast 

Guard Auxiliary, and local, state, and 

Federal law enforcement vessels. Upon 

being hailed by siren, radio, flashing 

light or other means from a U.S. Coast 

Guard vessel or other vessel with onscene patrol personnel aboard, the 

operator of the vessel shall proceed as 

directed. 

Dated: September 9, 2005. 

Peter J. Boynton, 

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

Port, Long Island Sound. 

[FR Doc. 05–18937 Filed 9–21–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R05–OAR–2005–IL–0002; FRL–7972–7] 

Designation of Areas for Air Quality 

Planning Purposes; Illinois; Lyons 

Township PM–10 Redesignation and 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the State of 

Illinois’ request to redesignate to 

attainment the Lyons Township 

(McCook) area currently designated as 

nonattainment of the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers (PM–10). We are also 

approving the Lyons Township 

maintenance plan, submitted by the 

Illinois Environmental Protection 

Agency (IEPA) on August 2, 2005, as a 

revision to the PM–10 State 

Implementation Plan (SIP) for this area. 

DATES: This ‘‘direct final’’ rule is 

effective on November 21, 2005, unless 

EPA receives adverse written comments 

by October 24, 2005. If EPA receives 

adverse comment, it will publish a 

timely withdrawal of the rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IL–0002, by one of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http:// 

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

EPA’s electronic public docket and 

comments system, is EPA’s preferred 

method for receiving comments. Once 

in the system, select ‘‘quick search,’’

then key in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: mooney.john@epa.gov. 

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 AM to 4:30 PM excluding 

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IL–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, 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 Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://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. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Christos 

Panos, Environmental Engineer, at (312) 

353–8328 before visiting the Region 5 

office. This Facility is open from 8:30