Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 56373 

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 

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 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)(h), of the 

Instruction, from further environmental 

documentation. Special local 

regulations issued in conjunction with a 

regatta or marine event permit are 

specifically excluded from further 

analysis and documentation under those 

sections. Under figure 2–1, paragraph 

(34)(h), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233, Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 100.35–T05–097 

to read as follows: 

§ 100.35–T05–097 Delaware River, 

Philadelphia, PA, Camden, NJ. 

(a) Regulated area. The regulated area 

is established for the waters of the 

Delaware River, adjacent to 

Philadelphia, PA and Camden, NJ, from 

shoreline to shoreline, bounded on the 

south by the Walt Whitman Bridge and 

bounded on the north by the Benjamin 

Franklin Bridge. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Regulations: (1) No person or 

vessel may enter or remain in the 

regulated area unless participating in 

the event or authorized by the Patrol 

Commander. The Patrol Commander 

may intermittently authorize general 

navigation to pass through the regulated 

area. Notice of these opportunities will 

be given via marine safety radio 

broadcast on VHF–FM marine band 

radio, channel 16 (156.8 MHz) and 

channel 22 (157.1 MHz). 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol 

and then proceed only as directed. 

(ii) All persons and vessels shall 

comply with the instructions of the 

Official Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the race course. 

(d) Enforcement period. This section 

will be effective from 11:30 a.m. to 5:30 

p.m. on October 8 and 9, 2005. 

Dated: September 15, 2005. 

S. Ratti, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. 05–19209 Filed 9–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–088] 

Drawbridge Operation Regulations: 

Fort Point Channel, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Northern Avenue 

Bridge, mile 0.1, across Fort Point 

Channel at Boston, Massachusetts. A 

one-hour advance notice will be 

required for bridge openings from 7 a.m. 

to 11 p.m., September 15, 2005 through 

October 31, 2005, and from 7 a.m. to 3 

p.m., November 1, 2005 through 

November 14, 2005. This temporary 

deviation is necessary to facilitate 

bridge maintenance repairs. 

DATES: This deviation is effective from 

September 15, 2005 through November 

14, 2005. 

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364. 

SUPPLEMENTARY INFORMATION: The 

Northern Avenue Bridge has a vertical 

clearance in the closed position of 7 feet 

at mean high water and 16 feet at mean 

low water. The existing drawbridge 

operation regulations are listed at 33 

CFR 117.599. 

The owner of the bridge, the City of 

Boston, requested a temporary deviation 

from the drawbridge operation 

regulations to facilitate replacement of 

the submarine power supply cable at the 

bridge. The old power supply cable 

failed and until it can be replaced the 

bridge must temporarily operate using 

an electrical generator. 

Additional time is necessary for 

bridge openings as a result of the use of 

the temporary generator in order to start 

and adjust the generator voltage prior to 

opening the bridge. A one-hour advance 

notice is necessary to allow sufficient 

56374 Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Rules and Regulations 

time for the bridge operator to open the 

bridge after a request is given. 

Under this temporary deviation the 

Northern Avenue Bridge shall open on 

signal after a one-hour advance notice is 

given from 7 a.m. to 11 p.m., September 

15, 2005 through October 31, 2005, and 

from 7 a.m. to 3 p.m., November 1, 2005 

through November 14, 2005. From 11 

p.m. to 7 a.m., September 15, 2005 

through October 31, 2005, the bridge 

shall open on signal after a two-hour 

notice is given. From 3 p.m. to 7 a.m., 

November 1, 2005 through November 

14, 2005, the bridge shall open on signal 

after a twenty-four hour notice is given. 

Mariners may request bridge openings 

by calling the bridge operator on 

channel 13 or by telephone at (617) 

635–7520. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35(b), and will be performed with 

all due speed in order to return the 

bridge to normal operation as soon as 

possible. 

Dated: September 15, 2005. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 05–19212 Filed 9–26–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[TX–126–1–7691; FRL–7974–7] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Transportation Control Measures in 

the Dallas/Fort Worth Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving 

revisions to the Texas Ozone State 

Implementation Plan (SIP). This 

approval incorporates the 

Transportation Control Measures, 

submitted by the Governor of Texas on 

April 25, 2000 (as substituted by the 

Texas Commission on Environmental 

Quality on January 14, 2004), into the 

SIP for the Dallas/Fort Worth Ozone 

Nonattainment Area. The inclusion of 

Transportation Control Measures in the 

SIP fulfills one requirement found 

under Section 182(c)(5) of the Federal 

Clean Air Act which provides that 

serious ozone nonattainment areas 

incorporate such measures into the state 

air quality plan. This action also fulfills 

of EPA’s obligations under a Federal 

district court Consent Decree to act on 

these measures (70 FR 32326). 

DATES: This rule is effective on October 

27, 2005. 

ADDRESSES: Copies of the documents 

relevant to this action are in the official 

file which is available at the Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202. The file will be made available 

by appointment for public inspection in 

the Region 6 FOIA Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

(214) 665–7253 to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

Copies of any State submittals are also 

available for public inspection at the 

State Air Agency listed below during 

official business hours by appointment: 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Wade, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202, 

telephone (214) 665–7247; fax number 

(214) 665–7263; e-mail address 

Wade.Peggy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’

‘‘us,’’ and ‘‘our’’ refers to EPA. 

Outline 

I. What Action Is EPA Taking? 

II. What is the Background for This Action? 

III. What Comments Were Received During 

the Public Comment Period? 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

The EPA is approving the 

Transportation Control Measures (TCM) 

for the Dallas-Fort Worth 1-hour ozone 

nonattainment area (i.e., Collin, Dallas, 

Denton and Tarrant counties) submitted 

by Texas on April 25, 2000. In addition, 

we note that certain changes to the 

original TCMs occurred as they were 

substituted in January 2004 in 

accordance with the Texas TCM 

substitution rule ( 30 TAC 114.270; see 

67 FR 72379) and the EPA guidance 

document Policy Guidance on the 

Adoption and Use of SIP TCM 

Substitution Mechanisms in SIPs (EPA 

Office of Transportation and Air 

Quality, April 7, 2004). The Texas TCM 

substitution rule provides a mechanism 

in Texas to allow an area to substitute 

TCMs without the requirement of a SIP 

revision. 

II. What Is the Background for This 

Action? 

A SIP revision for the Dallas—Fort 

Worth (DFW) 1-hour ozone 

nonattainment area was submitted to 

EPA by the State of Texas on April 25, 

2000. This SIP revision contained many 

control measures designed to improve 

the air quality in the DFW area. EPA has 

since approved, in separate Federal 

Register notices, a number of aspects of 

this SIP submittal. EPA proposed 

approval of the TCMs in this SIP, which 

are located in Appendix G, on January 

18, 2001 (66 FR 4756). Our proposed 

approval of these original TCMs did not 

remove or revise any previously 

approved TCMs in the SIP. The total 

emission reductions creditable to the 

TCMs contained in this appendix are 

4.73 tons per day (tpd) of nitrogen oxide 

(NOX) emissions and 2.95 tpd of volatile 

organic compounds (VOC) emissions in 

the 4-county nonattainment area. These 

TCMs are scheduled to be implemented 

no later than July, 2007. These TCMs 

strengthen the SIP and comply with the 

requirements of section 110(l) of the 

Clean Air Act. Specific details on these 

TCMs, and the amount of reductions 

attributable to each measure, are 

available in the Technical Support 

Document associated with this action. 

The EPA transportation conformity 

regulations define TCMs as any measure 

specifically identified and committed to 

in the SIP that is either one of the types 

listed in the Clean Air Act (CAA) at 

Section 108(f)(1)(A), or any other 

measure with the purpose of reducing 

emissions or concentrations of air 

pollutants from transportation sources 

by reducing vehicle use or changing 

traffic flow or congestion conditions. 

According to the transportation 

conformity regulations, Metropolitan 

Planning Organizations (MPO), such as 

the North Central Texas Council of 

Governments (NCTCOG), must 

demonstrate timely implementation of 

TCMs by incorporation into the area’s 

Metropolitan Transportation Plan (MTP) 

and Transportation Improvement 

Program (TIP) with appropriate funding 

dedicated to each TCM (40 CFR 93.113). 

In some cases, the MPO might find 

itself unable to demonstrate that TCMs 

are meeting the timely implementation 

criteria because obstacles to