66796 Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 

standards (VCS), EPA has no authority 

to disapprove a delegation request or 

disapprove a proposed delegation 

mechanism for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a delegation request or proposed 

delegation mechanism, to use VCS in 

place of a delegation request or 

proposed delegation mechanism that 

otherwise satisfies the provisions of the 

Clean Air Act. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

This action granting delegation 

authority for implementation and 

enforcement of existing New Source 

Performance Standards and approving a 

delegation mechanism for future NSPS 

is issued under the authority of sections 

101, 110, 111, and 301 of the Clean Air 

Act, 42 U.S.C. 7401, 7410, 7411, and 

7601. 

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

Dated: October 17, 2005. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 05–21925 Filed 11–2–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 388 

[Docket Number: MARAD–2005–21105] 

RIN 2133–AB50 

Application Fee Increase for 

Administrative Waivers of the 

Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Transportation. 

ACTION: Final rule. 

SUMMARY: This final rule increases the 

application fee for administrative 

waivers of the coastwise trade laws from 

$300 to $500. The increased fee will 

align the application fee with the actual 

cost of processing and issuing each 

waiver. 

DATES: This final rule is effective 

December 5, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Cassidy, Office of Ports and 

Domestic Shipping, Maritime 

Administration, MAR–830, 400 7th St., 

SW., Rm. 7201 Washington, DC 20590; 

telephone: (202) 366–5506. 

SUPPLEMENTARY INFORMATION: Title V of 

the Independent Offices Appropriations 

Act of 1952 (‘‘IOAA’’; 31 U.S.C. 9701) 

authorizes Federal agencies to establish 

and collect user fees. The statute 

provides that each service or thing of 

value provided by an agency should be 

self-sustaining to the extent possible, 

and that each charge shall be fair and 

based on the costs to the Government, 

the value of the service or thing to the 

recipient, the policy or interest served, 

and other relevant factors. 31 U.S.C. 

9701. 

The primary guidance for 

implementation of the IOAA is Office of 

Management and Budget (OMB) 

Circular No. A–25 (‘‘User Charges,’’ July 

8, 1993). Circular A–25 directs agencies 

to assess user charges against 

identifiable recipients for special 

benefits derived from Federal activities 

beyond those received by the general 

public. Circular A–25, section 6. 

Circular A–25 further directs agencies, 

with limited exceptions, to recover the 

full cost of providing a Government 

service from the direct recipients of 

special benefits. Section 6(d) of Circular 

A–25 defines ‘‘full cost’’ as including 

‘‘all direct and indirect costs to any part 

of the Federal Government of providing 

a good, resource, or service.’’

Pursuant to these directives, MARAD 

is proposing to increase the application 

fee for administrative waivers of the 

coastwise trade laws under 46 CFR part 

388 for eligible small vessels. Under 46 

CFR part 388, owners of small passenger 

vessels may apply for waivers of the 

U.S.-build requirements of the 

Passenger Vessel Services Act and 

section 27 of the Merchant Marine Act, 

1920, to allow the carriage of no more 

than 12 passengers for hire in the 

coastwise trade. Because waivers under 

part 388 represent special benefits to 

identifiable recipients (i.e., vessel 

owners) that are beyond the benefits and 

services normally received by the 

general public, the IOAA and Circular 

A–25 direct MARAD to assess user fees 

for providing this service. The current 

application fee for a waiver is $300. 

MARAD proposes to increase this fee to 

$500 as set forth below. 

Following the principles embodied in 

Circular A–25, MARAD examined the 

costs associated with processing and 

issuing waivers under part 388 to 

determine if the current $300 fee 

recovers the full costs of administering 

the program. The main cost components 

of the program include direct and 

indirect personnel costs and Federal 

Register publication costs. Our review 

of the program determined that average 

personnel costs for processing each 

uncontested application are $204.50 and 

$1118.50 for each contested application 

(on average, 7% of all waiver 

applications are contested, based on the 

236 applications sampled for our 

analysis). Thus, the total average 

personnel costs are $268.48 for 

processing each application. The second 

main cost component of the program is 

the cost of publishing notices of waiver 

applications in the Federal Register. 

The current Federal Register 

publication cost is $155 per column and 

the average length of a public notice 

published for this program is 1.5 

columns. Thus, the total average 

publication cost is $232.50. The sum 

total of personnel costs and Federal 

Register publication costs is $500.98. 

Therefore, MARAD is proposing to raise 

the application fee from $300 to $500 in 

order to recover these costs. 

On May 12, 2005, MARAD published 

a notice of proposed rulemaking in the 

Federal Register (70 FR 25010) that 

sought comments on the proposed fee 

increase. No comments were received. 

Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This rulemaking is not considered a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

rule is not likely to result in an annual 

effect on the economy of $100 million 

or more. This rule is also not significant 

under the Regulatory Policies and 

Procedures of the Department of 

Transportation (44 FR 11034, February 

26, 1979). The costs and economic 

impact associated with this rulemaking 

are considered to be so minimal that no 

further analysis is necessary. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), the 

Maritime Administrator certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. While this rule 

will affect businesses that qualify as 

small entities under Small Business 

Administration guidelines, MARAD 

does not believe that the modest 

increase in this one-time, non-recurring 

fee (unless an applicant must reapply 

due to a revocation) will result in a 

significant economic impact on small 

entities. Further, MARAD is required 

under Federal directives to assess 

recipients of special governmental 

services reasonable charges to recover 

the costs of providing such services. 

Federal Register / Vol. 70, No. 212 / Thursday, November 3, 2005 / Rules and Regulations 66797 

Federalism 

We have analyzed this rule in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism) and have 

determined that it does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. These 

regulations have no substantial effects 

on the States, the current Federal-State 

relationship, or the current distribution 

of power and responsibilities among 

local officials. Therefore, consultation 

with State and local officials is not 

necessary. 

Executive Order 13175 

MARAD does not believe that this 

rulemaking will significantly or 

uniquely affect the communities of 

Indian tribal governments when 

analyzed under the principles and 

criteria contained in Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments). 

Therefore, the funding and consultation 

requirements of this Executive Order do 

not apply. 

Environmental Impact Statement 

We have analyzed this rule for 

purposes of compliance with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.) and have 

concluded that under the categorical 

exclusions in section 4.05 of Maritime 

Administrative Order (MAO) 600–1, 

‘‘Procedures for Considering 

Environmental Impacts,’’ 50 FR 11606 

(March 22, 1985), neither the 

preparation of an Environmental 

Assessment, an Environmental Impact 

Statement, nor a Finding of No 

Significant Impact for this rulemaking is 

required. 

Unfunded Mandates Reform Act of 1995 

This rule does not impose an 

unfunded mandate under the Unfunded 

Mandates Reform Act of 1995. It does 

not result in costs of $100 million or 

more, in the aggregate, to any of the 

following: State, local, or Native 

American tribal governments, or the 

private sector. This rule is the least 

burdensome alternative that achieves 

this objective of U.S. policy. 

Paperwork Reduction Act 

This rule contains information 

collection requirements covered by the 

Office of Management and Budget 

approval number 2133–0529. The 

changes have no impact on the reporting 

burden. 

List of Subjects in 46 CFR 388 

Administrative practice and 

procedure, Maritime carriers, Passenger 

vessels, Reporting and recordkeeping 

requirements. 

■ Accordingly, the Maritime 

Administration amends 46 CFR chapter 

II, subchapter J, by amending part 388 

as follows. 

PART 388—ADMINISTRATIVE 

WAIVERS OF THE COASTWISE TRADE 

LAWS 

■ 1. The authority citation for part 388 

continues to read as follows: 

Authority: 46 App. U.S.C. 1114(b); Pub. L. 

105–383, 112 Stat. 3445 (46 U.S.C. 12106 

note); 49 CFR 1.66. 

■ 2. Amend § 388.3 by revising 

paragraph (a)(1) and the introductory 

text of paragraph (a)(2) to read as 

follows: 

§ 388.3 Application and fee. 

(a) * * * 

(1) The application form contained on 

MARAD’s Web site at http:// 

www.marad.dot.gov may be submitted 

electronically with credit card or 

Automated Clearinghouse (ACH) 

payment of the $500 application fee. 

(2) Alternatively, applicants may send 

written applications to Small Vessel 

Waiver Applications, Office of Ports and 

Domestic Shipping, MAR–830, Room 

7201, 400 7th St., SW., Washington, DC 

20590. Written applications need not be 

in any particular format, but must be 

signed, be accompanied by a check for 

$500 made out to the order of ‘‘Maritime 

Administration’’, and contain the 

following information: 

* * * * * 

Dated: October 31, 2005. 

By order of the Maritime Administrator. 

Joel C. Richard, 

Secretary, Maritime Administration. 

[FR Doc. 05–21924 Filed 11–2–05; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 051028281–5281–01; I.D. 

101705C] 

RIN 0648–AT99 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

current regulatory text regarding 

boundaries for the essential fish habitat 

(EFH) closures that were established by 

Framework 16 to the Atlantic Sea 

Scallop (Scallop) Fishery Management 

Plan (FMP) and Framework 39 to the 

Northeast Multispecies (NE 

Multispecies) FMP (Joint Frameworks 

16/39) in order to reflect recent court 

orders in Oceana v. Evans, vacating 

such text and reinstating boundaries for 

EFH closures established by 

Amendment 10 to the Scallop FMP 

(Amendment 10). This final rule also 

revises the Scallop Access Area 

boundaries to be consistent with the 

redefined EFH closed areas. 

DATES: Effective November 3, 2005. 

ADDRESSES: Copies of Amendment 13 to 

the NE Multispecies FMP, Amendment 

10, Joint Frameworks 16/39, their 

Regulatory Impact Reviews (RIR), 

including the Initial Regulatory 

Flexibility Analyses (IRFA), and the 

Environmental Assessment and 

Environmental Impact Statements are 

available on request from Paul J. 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Newburyport, MA 

01950. These documents are also 

available online at http:// 

www.nefmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Christopher, Fishery Policy 

Analyst, (978) 281–9288; fax (978) 281–

9135. 

SUPPLEMENTARY INFORMATION: On May 1, 

2004, NMFS implemented approved 

measures in Amendment 13 to the NE 

Multispecies FMP (Amendment 13), 

which was developed and 

recommended by the New England 

Fishery Management Council (NEFMC) 

(69 FR 22906, April 27, 2004). Among 

the implemented measures was a 

description of boundaries of certain 

areas of the ocean closed to all mobile 

fishing gear for the protection of NE 

multispecies EFH (§ 648.81(h)). 

Subsequent to the implementation of 

Amendment 13, on July 23, 2004, NMFS 

implemented approved measures in 

Amendment 10, which was also 

developed and recommended by the 

NEFMC (69 FR 35194, June 23, 2004). 

Amendment 10 also included a 

description of boundaries of certain 

areas of the ocean closed to scallop 

fishing for the protection of NE 

multispecies, and EFH for other species, 

from the effects of scallop fishing gear 

(§ 648.61). The Amendment 10 EFH