57150 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

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. 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.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 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 parade permit are 

specifically excluded from further 

analysis and documentation under that 

section. 

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 a temporary §§ 100.35–T05– 

105 to read as follows: 

§ 100.35–T05–105 Choptank River, 

Cambridge, MD. 

(a) Regulated area. The regulated area 

includes all waters of the Choptank 

River within 200 yards either side of 

a line drawn northwesterly from a point 

on the shoreline at latitude 38°33′45′′ N, 

076°02′38′′ W, thence to latitude 

38°35′06′′ N, 076°04′42′′ W, a position 

located at Great Marsh Park, Cambridge, 

MD. 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 Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all persons 

participating in the Chesapeakeman 

Ultra Triathlon swim under the auspices 

of the Marine Event Permit issued to the 

event sponsor and approved by 

Commander, Coast Guard Sector 

Baltimore. 

(c) Special local regulations. 

(1) Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(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 swim course. 

(d) Enforcement period. This section 

will be enforced from 6:30 a.m. to 10:30 

a.m. on October 1, 2005. 

Dated: September 21, 2005. 

S. Ratti, 

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

Coast Guard District, Acting. 

[FR Doc. 05–19585 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–05–122] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Potomac River, Washington, DC. 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the Potomac River. This action is 

necessary to provide for the safety of life 

and property during a fireworks display 

on the Potomac River. The safety zone 

will allow for control of designated 

areas of the river and safeguard 

spectators and participants. 

DATES: This rule is effective from 7:30 

p.m. to 10 p.m. on October 1, 2005. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–05–

122 and are available for inspection or 

copying at Commander, Coast Guard 

Sector Baltimore, 2401 Hawkins Point 

Road, Baltimore, Maryland 21226–1791, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Houck, Coast Guard Sector 

Baltimore, at (410) 576–2674. 

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 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57151 

for not publishing an NPRM. Publishing 

an NPRM and delaying its effective date 

would be contrary to public interest, 

since there is not sufficient time to 

publish a proposed rule in advance of 

the event and immediate action is 

needed to protect persons and vessels 

against the hazards associated with a 

fireworks display from a barge, such as 

premature detonation or falling burning 

debris. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. This safety zone of short 

duration is needed to provide for the 

safety of persons and vessels on the 

Potomac River. 

Background and Purpose 

On October 1, 2005, The Kennedy 

Center of Performing Arts in 

Washington, DC will sponsor an event 

entitled ‘‘Festival of China’’ that will 

include a fireworks display launched 

from two barges located on the Potomac 

River, approximately 1,000 feet 

upstream of the Theodore Roosevelt 

Memorial Bridge, in Washington, DC. A 

fleet of spectator vessels is anticipated 

for this event. Due to the need for vessel 

control during the fireworks display, 

vessel traffic will be restricted to 

provide for the safety of spectators and 

transiting vessels. 

The purpose of this regulation is to 

promote maritime safety, and to protect 

the environment and mariners transiting 

the area from the potential hazards due 

to a fireworks display from a barge. This 

rule establishes a safety zone on the 

waters of the Potomac River in 

Washington, DC, approximately 1,000 

feet upstream of the Theodore Roosevelt 

Memorial Bridge, within a radius of 200 

yards around two fireworks barges 

which will be located at position 

latitude 38°53′ 45.7′′ N, longitude 

077°03′ 31.6′′ W. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone on specified waters of the 

Potomac River. The safety zone will be 

in effect from 7:30 p.m. to 10 p.m. on 

October 1, 2005. This safety zone will 

protect spectators and mariners 

transiting the area from the potential 

hazards associated with a fireworks 

display launched from a barge on the 

Potomac River. This rule limits access to 

the safety zone to those vessels 

authorized by the Captain of the Port 

Baltimore. Except for persons or vessels 

authorized by the Captain of the Port 

Baltimore, no person or vessel may 

enter or remain in the zone. The Captain 

of the Port will notify the maritime 

community via marine broadcasts of the 

safety zone. 

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. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 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 will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

a portion of the Potomac River from 7:30 

p.m. to 10 p.m. on October 1, 2005. This 

rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be in 

effect for two-and-a-half hours, 

commercial vessel traffic in this area is 

limited, vessels not constrained by their 

draft may proceed safely around the 

safety zone, and the Coast Guard will 

issue maritime advisories to users of the 

river before the effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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. 

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 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

57152 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

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. 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.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 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.), of the 

Instruction, from further environmental 

documentation. This rule establishes a 

safety zone. 

A final ‘‘Environmental Analysis 

Check List’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available in the docket where indicated 

under ADDRESSES. 

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. Add temporary § 165.T05–122 to 

read as follows: 

§ 165.T05–122 Safety zone; Fireworks 

Display, Potomac River, Washington, DC. 

(a) Location. The following area is a 

safety zone: All waters of the Potomac 

River in Washington, DC, surface to 

bottom, within a radius of 200 yards 

around two fireworks barges which will 

be located approximately 1,000 feet 

upstream of the Theodore Roosevelt 

Memorial Bridge, at position latitude 

38°53′45.7′′ N, longitude 077°03′31.6′′ 

W. All coordinates reference Datum 

NAD. 

(b) Definition. The Captain of the Port 

Baltimore means the Commander, Coast 

Guard Sector Baltimore or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

(c) Regulations. The general 

regulations governing safety zones, 

found in Sec. 165.23, apply to the safety 

zone described in paragraph (a) of this 

section. 

(1) All vessels and persons are 

prohibited from entering this zone, 

except as authorized by the Captain of 

the Port, Baltimore, Maryland. 

(2) Persons or vessels requiring entry 

into or passage within the zone must 

request authorization from the Captain 

of the Port or his designated 

representative by telephone at (410) 

576–2693 or by marine band radio on 

VHF channel 16 (156.8 MHz). 

(3) All Coast Guard vessels enforcing 

this safety zone can be contacted on 

marine band radio VHF channel 16 

(156.8 MHz). 

(4) The operator of any vessel within 

or in the immediate vicinity of this 

safety zone shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State and local agencies. 

(e) Effective period. This section is 

effective from 7:30 p.m. to 10 p.m. on 

October 1, 2005. 

Dated: September 19, 2005. 

Jonathan C. Burton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Baltimore, Maryland. 

[FR Doc. 05–19584 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7977–4] 

Montana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Montana has applied to EPA 

for Final authorization of changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

for Final authorization and is 

authorizing the State’s changes through 

this immediate Final action. EPA is 

publishing this rule to authorize the 

changes without a prior proposed rule 

because we believe this action is not 

controversial. Unless we get written 

comments opposing this authorization 

during the comment period, the 

decision to authorize Montana’s changes 

to their hazardous waste program will 

take effect as provided below. If we 

receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect. A separate 

document in the proposed rules section 

of this Federal Register will serve as the 

proposal to authorize the State’s 

changes.