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 

6352 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

governments as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not require prior consultation with 

State, local, and tribal government 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993) 

or Executive Order 13084 (64 FR 27655 

(May 10, 1998), or involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). Because this action is not subject 

to notice-and-comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the regulatory flexibility provisions of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997) because EPA interprets 

E.O. 13045 as applying only to those 

regulatory actions that are based on 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Order has the potential to influence 

the regulation. This rule is not subject 

to E.O. 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rule is discussed in the July 

1, 2004, Federal Register notice.

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefor, and established an 

effective date of February 7, 2005. EPA 

will submit a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting 

and recordkeeping requirements.

Dated: January 28, 2005. 

Oscar Morales, 

Director, Collection Strategies Division, Office 

of Information Collection.

■ For the reasons set out in the preamble, 

40 CFR part 9 is amended as follows:

PART 9—[AMENDED]

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 7. U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C 241, 242b, 

243, 246, 300f, 300f, 300g–1, 300g–2, 300g–

3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 

300j–3, 300j–4, 300j–9, 1857 et seq., 6901–

6002k, 7401–7671q, 7542, 9601–9657, 11023, 

11048.

■ 2. In § 9.1 the table is amended by 

adding a new entry to read as follows:

§ 9.1 OMB approvals under the Paperwork 

Reduction Act.

* * * * *

40 CFR citation OMB control 

No. 

* * * * * 

Determining Coformity of Federal Actions to 

State or Federal Implementation Plans 

Part 93, subpart A .................. 2060–0561 

* * * * * 

[FR Doc. 05–2306 Filed 2–4–05; 8:45 am] 

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R01–OAR–2004–ME–0003; A–1–FRL–7863–

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Portable Fuel Containers

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. This 

revision establishes requirements to 

reduce volatile organic compound 

(VOC) emissions from portable fuel 

containers. The intended effect of this 

action is to approve these requirements 

into the Maine SIP. EPA is taking this 

action in accordance with the Clean Air 

Act (CAA).

DATES: This direct final rule will be 

effective April 8, 2005, unless EPA 

receives adverse comments by March 9, 

2005. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2004–ME–0003 by one of the following 

methods: 

1. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: conroy.dave@epa.gov. 

4. Fax: (617) 918–0661. 

5. Mail: ‘‘RME ID Number R01–OAR–

2004–ME–003’’ David Conroy, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAQ), Boston, MA 02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: David Conroy, Unit 

Manager, Air Quality Planning, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

Holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2004–ME–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through Regional Material in