Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations 1187

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, 

Incorporation by reference, and 

Navigation (Air).

Issued in Washington, DC on December 3, 

2004. 

James J. Ballough, 

Director, Flight Standards Service.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me, part 97 of the Federal 

Aviation Regulations (14 CFR part 97) is 

amended by establishing, amending, 

suspending, or revoking Standard 

Instrument Approach Procedures, 

effective at 0901 UTC on the dates 

specified, as follows:

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES

■ 1. The authority citation for part 97 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722.

■ 2. Part 97 is amended to read as 

follows:

* * * Effective 17 February 2005

Orange, MA, Orange Muni, NDB Rwy 1, OrigA 

* * * Effective 17 March 2005

Beaver, AK, Beaver, RNAV (GPS) Rwy 5, Orig 

Beaver, AK, Beaver, RNAV (GPS) Rwy 23, 

Orig 

Marksville, LA, Marksville Municipal, RNAV 

(GPS) Rwy 4, Orig 

Marksville, LA, Marksville Municipal, NDB 

Rwy 4, Amdt 2

Marksville, LA, Marksville Municipal, VOR/

DME–A, Amdt 4

Marksville, LA, Marksville Municipal, GPS 

Rwy 4, Orig, Cancelled 

Cheboygan, MI, Cheboygan County, VOR 

Rwy 9, Amdt 8A 

Cheboygan, MI, Cheboygan County, RNAV 

(GPS) Rwy 9, Amdt 1

Eveleth, MN, Eveleth-Virginia Muni, VOR 

Rwy 27, Orig 

Eveleth, MN, Eveleth-Virginia Muni, VOR 

Rwy 27, Amdt 11A, Cancelled 

Bennettsville, SC, Marlboro County JetportH.E. Avent Field, RNAV (GPS) Rwy 6, Orig 

Bennettsville, SC, Marlboro County JetportH.E. Avent Field, RNAV (GPS) Rwy 24, 

Orig 

Bennettsville, SC, Marlboro County JetportH.E. Avent Field, NDB Rwy 6, Amdt 4

Bennettsville, SC, Marlboro County JetportH.E. Avent Field, VOR/DME–A, Amdt 4

Bennettsville, SC, Marlboro County JetportH.E. Avent Field, GPS Rwy 24, Orig, 

Cancelled 

Amery, WI, Amery Muni, NDB Rwy 18, 

Amdt 6

Amery, WI, Amery Muni, RNAV (GPS) Rwy 

18, Orig 

Amery, WI, Amery Muni, RNAV (GPS) Rwy 

36, Orig

[FR Doc. 05–234 Filed 1–5–05; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD 11–04–053] 

Drawbridge Operation Regulations; 

Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eleventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the I Street 

Drawbridge across the Sacramento 

River, mile 59.4, at Sacramento, CA. 

This deviation allows the drawbridge to 

remain in the closed-to-navigation 

position during essential operating 

machinery repair, to prevent 

unexpected failure of the drawspan.

DATES: This deviation is effective from 

8 a.m. on January 8, 2005 to 5 p.m. on 

January 13, 2005.

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at Commander (oan), Eleventh 

Coast Guard District, Building 50–3, 

Coast Guard Island, Alameda, CA 

94501–5100, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

David H. Sulouff, Chief, Bridge Section, 

Eleventh Coast Guard District, 

telephone (510) 437–3516.

SUPPLEMENTARY INFORMATION: The Union 

Pacific Railroad has requested to secure 

the I Street Drawbridge, mile 59.4, 

Sacramento River, at Sacramento, CA, in 

the closed-to-navigation position from 8 

a.m. on January 8, 2005 to 5 p.m. 

January 13, 2005, during essential 

operating machinery repair, to prevent 

unexpected failure of the drawspan. The 

drawbridge provides 109 ft. vertical 

clearance in the full open-to-navigation 

position, and 30 ft. vertical clearance 

above Mean High Water when closed. 

The drawbridge opens on signal from 

approaching vessels, as required by 33 

CFR 117.189. 

The proposed work was coordinated 

with waterway users. It was determined 

that potential navigational impacts will 

be reduced if the repairs are performed 

during January 2005, resulting in Coast 

Guard approval of the proposed work 

from 8 a.m. January 8, 2005 to 5 p.m. 

January 13, 2005. 

During these times, the drawspan may 

be secured in the closed-to-navigation 

position and need not open for vessels. 

The drawspan shall resume normal 

operation at the conclusion of the 

essential repair work. Mariners should 

contact the I Street Drawbridge by 

telephone at (916) 444–8999, in 

advance, to determine conditions at the 

bridge. 

The drawspan will be unable to open 

during the repair. In the event of an 

emergency, the bridge owner would 

require 24-hour advance notice to open 

the bridge. Contact Mr. Steve Strickland 

at (916) 789–5249 or (916) 952–1894. 

Vessels that can safely pass through the 

closed drawbridge may continue to do 

so at any time. In accordance with 33 

CFR 117.35(c), this work will be 

performed with all due speed to return 

the drawbridge to normal operation as 

soon as possible. This deviation from 

the operating regulations is approved 

under the provisions of 33 CFR 117.35.

Dated: December 23, 2004. 

Kevin J. Eldridge, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District.

[FR Doc. 05–232 Filed 1–5–05; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[COTP Charleston 04–145] 

RIN 1625–AA87

Security Zones; Charleston Harbor, 

Cooper River, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary fixed security 

zone in the waters from the Don Holt, 

I–526 Bridge, on the Cooper River to the 

entrance of Foster Creek on the Cooper 

River. This security zone is necessary to 

protect the public and port from 

potential subversive acts during port 

1188 Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations 

embarkation operations. Vessels are 

prohibited from entering, transiting, 

anchoring, mooring, or loitering within 

this zone, unless specifically authorized 

by the Captain of the Port, Charleston, 

South Carolina, or the Captain of the 

Port’s designated representative.

DATES: This rule is effective from 8 a.m. 

on December 16, 2004, through 8 a.m. 

on June 1, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket COTP 

Charleston 04–145 and are available for 

inspection or copying at Marine Safety 

Office Charleston, between 7:30 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LTJG Matthew Meskun, Coast Guard 

Marine Safety Office Charleston, at (843) 

720–3272.

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. Publishing 

an NPRM would be contrary to public 

safety interests and national security. 

These regulations are needed to protect 

the public, the ports and waterways and 

the national security of the United 

States from potential subversive acts 

against vessels, port facilities and 

infrastructure during port embarkation 

operations. For the security concerns 

noted, it is in the public interest to have 

these regulations in effect without 

publishing an NPRM. Notifications will 

be made via marine information 

broadcasts to inform the public about 

the existence of this security zone. 

For the same reasons, the Coast Guard 

finds that good cause exists for making 

this rule effective less than 30 days after 

publication in the Federal Register. 

Request for Comments

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (COTP Charleston–04–

145), 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 

Based on the September 11, 2001, 

terrorist attacks on the World Trade 

Center and Pentagon, there is an 

increased risk that vessels or persons in 

close proximity to the Port of 

Charleston, South Carolina, may engage 

in subversive or terrorist acts against 

military installations or operations 

occurring within the security zone. The 

security zone is necessary to protect the 

safety of life and property on navigable 

waters and prevent potential terrorist 

threats aimed at military installations 

during strategic embarkation operations. 

The temporary security zone will 

encompass all waters from the Don Holt 

I–526 Bridge over the Cooper River to 

the entrance of Foster Creek on the 

Cooper River. 

Discussion of Rule 

The Charleston Captain of the Port 

will enforce the security zone on the 

Cooper River from time to time during 

the effective period in the interest of 

national security. Vessels carrying cargo 

for the Department of Defense need a 

level of security which requires the 

Cooper River to be closed to all traffic 

for short periods of time. River closures 

will be infrequent and for relatively 

short periods of time. Mariners will be 

given as much advance notice as 

possible. Marine Safety Office 

Charleston will notify the maritime 

community of periods during which this 

security zone will be enforced via a 

broadcast notice to mariners on VHF 

Marine Band Radio, Channel 16 (156.8 

MHz), Marine Safety Information 

Bulletins, or by having those security 

assets enforcing the zone inform vessel 

traffic as necessary. 

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).

The limited geographic area impacted 

by the security zone will not restrict the 

movement or routine operation of 

commercial or recreational vessels 

through the Port of Charleston. Also, an 

individual may request a waiver of these 

regulations from the Coast Guard 

Captain of the Port or the Captain of the 

Port’s designated representative. 

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 a portion of 

the Cooper River while the security 

zone is in effect. 

This security zone will not have a 

significant economic impact on a 

substantial number of small entities 

because it will only be enforced for 

short periods of time on an infrequent 

basis. Advanced notice will be provided 

to mariners in order to accommodate for 

any enforcement of the security zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in 

understanding the 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 (1–888–734–3247). 

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 

Federal Register / Vol. 70, No. 4 / Thursday, January 6, 2005 / Rules and Regulations 1189

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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect 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. 

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 fits within 

paragraph (34)(g) because it is a security 

zone. Under figure 2–1, paragraph 

(34)(g), 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 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. A new temporary section 165.T07–

100 is added to read as follows:

§ 165.T07–145 Security Zone; Charleston 

Harbor, Cooper River, South Carolina 

(a) Regulated area. The Coast Guard is 

establishing a temporary fixed security 

zone on all waters of the Cooper River, 

bank-to-bank, from the Don Holt I–526 

Bridge to the intersection of Foster 

Creek at a line on 32 degrees 58 minutes 

North Latitude. 

(b) Regulations. Vessels or persons are 

prohibited from entering, transiting, 

mooring, anchoring, or loitering within 

the Regulated Area unless authorized by 

the Captain of the Port Charleston, 

South Carolina or his or her designated 

representative. Persons desiring to 

transit the area of the security zone may 

contact the Captain of the Port via VHF–

FM channel 16 or by telephone (843) 

720–3240 to seek permission to transit 

the area. If permission is granted, all 

persons and vessels must comply with 

the instructions of the Captain of the 

Port or his or her designated 

representative. 

(c) Effective period. This section is 

effective from 8 a.m. on December 16, 

2004, until 8 a.m. on June 1, 2005.

Dated: December 16, 2004. 

David Murk, 

Lieutenant Commander, U.S. Coast Guard, 

Acting Captain of the Port, Charleston, South 

Carolina.

[FR Doc. 05–231 Filed 1–5–05; 8:45 am] 

BILLING CODE 4910–13–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 27

[WT Docket No. 03–66; RM–10586, FCC 04–

135] 

Facilitating the Provision of Fixed and 

Mobile Broadband Access, 

Educational and Other Advanced 

Services in the 2150–2162 and 2500–

2690 MHz Bands

AGENCY: Federal Communications 

Commission.

ACTION: Final rule; correction.

SUMMARY: The Federal Communications 

Commission (FCC) is correcting a final