Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6349

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–05–008] 

RIN 1625–AA00 

Safety Zone; Upper Chesapeake Bay 

and Its Tributaries and the C & D 

Canal, Maryland, Virginia, and 

Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. This safety 

zone is necessary to protect mariners 

from the hazards associated with ice. 

The temporary safety zone restricts 

vessels from transiting the zone during 

ice season, unless authorized by the 

Captain of the Port Baltimore, Maryland 

or designated representative through the 

issuance of broadcast notice to mariners 

and marine safety information bulletins.

DATES: This rule is effective from 

January 24, 2005 until April 15, 2005. 

Comments must be received on or 

before March 9, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–05–

008 and are available for inspection or 

copying at Commander, Coast Guard 

Activities Baltimore, 2401 Hawkins 

Point Road, Baltimore, Maryland 

21226–1791, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald L. Houck, Coast Guard Activities 

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) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing a NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. While formation of ice 

generally occurs in the winter months, 

predicting when ice will begin to form, 

where it will be located and the 

thickness of the ice is difficult and 

depends on the weather conditions. Ice 

has just begun to form in the area of this 

safety zone. Publishing a NPRM and 

delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against potential hazards 

associated with ice and to ensure the 

safety of the environment on the Upper 

Chesapeake Bay and its tributaries. 

Request for Comments 

Although we did not publish a notice 

of proposed rulemaking, we encourage 

you to participate in this rulemaking by 

submitting comments and related 

materials. 

If you do so, please include your 

name and address, identify the docket 

number for this rulemaking (CGD05–05–

008), indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this rule in view of them. 

Background and Purpose 

During a moderate or severe winter, 

frozen waterways present numerous 

hazards to vessels. Ice in a waterway 

may hamper a vessel’s ability to 

maneuver, and could cause visual aids 

to navigation to be submerged, 

destroyed or moved off station. Ice 

abrasions and ice pressure could also 

compromise a vessel’s watertight 

integrity, and non-steel hulled vessels 

would be exposed to a greater risk of 

hull breach.

When ice conditions develop to a 

point where vessel operations become 

unsafe, it becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. A safety zone is a 

tool available to the Captain of the Port 

(COTP) to restrict and manage vessel 

movement when hazardous conditions 

exist. The COTP Baltimore is 

establishing a safety zone within all 

navigable waters within the COTP 

Baltimore zone, which will restrict 

access to only those vessels meeting 

conditions specified in broadcast notice 

to mariners and marine safety 

information bulletins. 

Ice generally begins to form in the 

Upper Chesapeake Bay and its 

tributaries, including the Chesapeake 

and Delaware (C & D) Canal, in late 

December or early January. During a 

moderate or severe winter, ice in 

navigable waters can become a serious 

problem, requiring the use of federal, 

state and private ice breaking resources. 

The Commander, Coast Guard Activities 

Baltimore will use its COTP authority to 

promote the safe transit of vessels 

through ice-congested waters and the 

continuation of waterborne commerce 

throughout the winter season. 

Ice fields in the Upper Chesapeake 

Bay and its tributaries move with 

prevailing winds and currents. Heavy 

ice buildups can occur in the C & D 

Canal, from Town Point Wharf to Reedy 

Point. Other areas that are commonly 

affected by high volumes of ice are, the 

Elk River, Susquehanna River, Patapsco 

River, Nanticoke River, Wicomico River, 

Tangier Sound, Pocomoke River and 

Sound, and the Potomac River. Once ice 

build up begins it can affect the transit 

of large ocean-going vessels. 

Ice reports over the last several years 

have varied greatly on the Upper 

Chesapeake Bay and its tributaries. 

Historically, ice has been reported as 

NEW, FAST OR PACK ICE. The 

percentage of ice covering the river has 

been reported any where from 10% to 

100%. The thickness has been reported 

any where from 1⁄2′′ to 18′′ thick. 

Discussion of Rule 

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 ice conditions that become a threat to 

navigation. This rule establishes a safety 

zone encompassing all waters of the 

COTP Baltimore zone. The COTP will 

notify the maritime community, via 

marine broadcasts, of the location and 

thickness of the ice as well as the ability 

of vessels to transit through the safety 

zone. Mariners allowed to travel 

through the safety zone with the 

permission of the COTP must maintain 

a minimum safe speed, in accordance 

with the Navigation Rules as seen in 33 

CFR Chapter I, Subchapters D and E. 

Ice Condition One means the 

emergency condition in which ice has 

largely covered the upper Chesapeake 

Bay and its tributaries, and the C & D 

Canal. Convoys are required and 

restrictions to shaft horsepower and 

vessel transit are imposed. 

Ice Condition Two means the alert 

condition in which at least 2 inches of 

ice begins to form in the Upper 

Chesapeake Bay and its tributaries, and 

the C & D Canal. The COTP Baltimore 

may impose restrictions, including but 

not limited to, shaft horsepower and 

hull type restrictions. 

Ice Condition Three means the 

readiness condition in which weather 

conditions are favorable for the 

formation of ice in the navigable waters 

of the Upper Chesapeake Bay and its 

tributaries, and the C & D Canal. Daily 

reports for the Coast Guard Stations and 

commercial vessels are monitored. (No 

6350 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

limitations on vessel traffic, hull type or 

shaft horsepower). 

Regulatory Evaluation 

This temporary rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866 

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 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. 

This rule will have virtually no 

impact on any small entities. This rule 

does not require a general notice of 

proposed rulemaking and, therefore, it 

is exempt from the requirement of the 

Regulatory Flexibility Act. Although 

this rule is exempt, we have reviewed 

it for potential economic impact on 

small entities. 

The Coast Guard certifies under 

section 605(b) of the Regulatory 

Flexibility Act (5 U.S.C 605(b)) that this 

rule will not have a significant impact 

on a substantial number of small 

entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule so that they can 

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 (1–888–743–3247). 

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 this rule 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 does not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule does 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 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 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. We 

invite your comments on how this rule 

might impact tribal governments, even if 

that impact may not constitute a ‘‘tribal 

implication’’ under the Order. 

Energy Effects 

We have analyzed this rule under 

Executive Order 12211, 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 

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, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6351

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIATION 

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.T05–008 to 

read as follows:

§ 165.T05–008 Safety zone; Upper 

Chesapeake Bay and its tributaries and the 

C & D Canal, MD, VA and Washington, DC. 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters of the Captain of the Port, 

Baltimore zone. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All vessel traffic is prohibited in 

the safety zone unless they meet the 

requirements set forth by the Captain of 

the Port by Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio, channel 22A (157.1 MHZ). 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (410) 576–2693. 

(3) All persons desiring to transit 

through the safety zone must contact the 

Captain of the Port at telephone number 

(410) 576–2693 or on VHF channel 13 

or 16 to seek permission prior to 

transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port Baltimore, MD or 

designated representative. 

(4) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF–FM marine 

band radio, channel 22A (157.1 MHZ). 

(5) Mariners granted permission to 

transit the safety zone must maintain 

the minimum safe speed necessary to 

maintain navigation as per 33 CFR 

Chapter I, Subchapters D and E. 

(c) Definitions.

Captain of the Port means the 

Commander, Coast Guard Activities 

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. 

Ice Condition One means the 

emergency condition in which ice has 

largely covered the Upper Chesapeake 

Bay and its tributaries, and the C & D 

Canal. Convoys are required and 

restrictions to shaft horsepower and 

vessel transit are imposed. 

Ice Condition Two means the alert 

condition in which at least 2 inches of 

ice begins to form in the Upper 

Chesapeake Bay and its tributaries, and 

the C & D Canal. The COTP Baltimore 

may impose restrictions, including but 

not limited to, shaft horsepower and 

hull type restrictions. 

Ice Condition Three means the 

readiness condition in which weather 

conditions are favorable for the 

formation of ice in the navigable waters 

of the Upper Chesapeake Bay and its 

tributaries, including the C & D Canal. 

Daily reports for the Coast Guard 

Stations and commercial vessels are 

monitored. (No limitations on vessel 

traffic, hull type or shaft horsepower). 

(d) Effective period. This section is 

effective from January 24, 2005 until 

April 15, 2005.

Dated: January 24, 2005. 

Curtis A. Springer, 

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

Port, Baltimore, Maryland.

[FR Doc. 05–2218 Filed 2–4–05; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 9

[FRL–7869–5] 

OMB Approvals Under the Paperwork 

Reduction Act; Technical Amendment

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

technical amendment amends the table 

that lists the Office of Management and 

Budget (OMB) control numbers issued 

under the PRA for Transportation 

Conformity Rule Amendments for the 

New 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas, Transportation Conformity Rule 

Amendments: Response to Court 

Decision and Additional Rule Changes.

EFFECTIVE DATE: This final rule is 

effective February 7, 2005.

FOR FURTHER INFORMATION CONTACT:

Rudy Kapichak, State Measures and 

Conformity Group, Transportation and 

Regional Programs Division, U.S. 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105, kapichak.rudolph@epa.gov, 

(734) 214–4574; or Laura Berry, State 

Measures and Conformity Group, 

Transportation and Regional Programs 

Division, U.S. Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105, berry.laura@epa.gov, 

(734) 214–4858.

SUPPLEMENTARY INFORMATION: EPA is 

amending the table of currently 

approved information collection request 

(ICR) control numbers issued by OMB 

for various regulations. The amendment 

updates the table to list those 

information collection requirements 

promulgated under the Transportation 

Conformity Rule Amendments for the 

New 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments: Response to Court 

Decision and Additional Rule Changes, 

which appeared in the Federal Register

on July 1, 2004 (69 FR 40004). The 

affected regulations are codified at 40 

CFR part 93. EPA will continue to 

present OMB control numbers in a 

consolidated table format to be codified 

in 40 CFR part 9 of the Agency’s 

regulations, and in each CFR volume 

containing EPA regulations. The table 

lists CFR citations with reporting, 

recordkeeping, or other information 

collection requirements, and the current 

OMB control numbers. This listing of 

the OMB control numbers and their 

subsequent codification in the CFR 

satisfies the requirements of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) and OMB’s implementing 

regulations at 5 CFR part 1320. 

This ICR was previously subject to 

public notice and comment prior to 

OMB approval. Due to the technical 

nature of the table, EPA finds that 

further notice and comment is 

unnecessary. As a result, EPA finds that 

there is ‘‘good cause’’ under section 

553(b)(B) of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), to 

amend this table without prior notice 

and comment. 

I. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. In 

addition, this action does not impose 

any enforceable duty, contain any 

unfunded mandate, or impose any 

significant or unique impact on small