Shipping Safety Fairways, 11551-11552 [05-55502]

Download as PDF Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations 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. 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. I 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: I 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 § 165.518 to read as follows: § 165.518 Security Zone; Waters of the Fifth Coast Guard District. (a) Definitions. As used in this section— Designated Representative means any U.S. Coast Guard commissioned, warrant or petty officer who has been authorized by the District Commander or local Captain of the Port (COTP), as defined in 33 CFR part 3, subpart 3.25, to act on his or her behalf. I VerDate jul<14>2003 17:19 Mar 08, 2005 Jkt 205001 Escorted vessel means a vessel, other than a U.S. naval vessel as defined in § 165.2015, that is accompanied by one or more Coast Guard assets or Federal, State or local law enforcement agency assets as listed below: (1) Coast Guard surface or air asset displaying the Coast Guard insignia. (2) Coast Guard Auxiliary surface asset displaying the Coast Guard Auxiliary insignia. (3) State and/or local law enforcement asset displaying the applicable agency markings and or equipment associated with the agency. State and/or local law enforcement officers means any State or local government law enforcement officer who has authority to enforce State criminal laws. (b) Location. The following area is a security zone: 500-yard radius around escorted vessels in the navigable waters of the Fifth Coast Guard District as defined in 33 CFR 3.25–1, from surface to bottom. (c) Regulations. (1) No vessel may approach within 500 yards of an escorted vessel within the navigable waters of the Fifth Coast Guard District, unless traveling at the minimum speed necessary to navigate safely. (2) No vessel may enter within a 100yard radius of an escorted vessel within the navigable waters of the Fifth Coast Guard District, without approval from the District Commander, Captain of the Port or their designated representatives. (3) Moored or anchored vessels, which are overtaken by a moving zone, must remain stationary at their location until the escorted vessel maneuvers at least 500 yards past. (4) Vessels restricted in their ability to maneuver may request permission of the District Commander, Captain of the Port or designated representative to enter the security zone in order to ensure safe passage in accordance with the Navigation Rules in 33 CFR chapter I, subparts D and E. (5) The local COTP may notify the maritime and general public by marine information broadcast of the periods during which individual security zones have been activated by providing notice in accordance with 33 CFR 165.7. (6) When moored, a security zone around an escorted vessel may also be enforced by Coast Guard, State or Local law enforcement personnel shoreside. (7) Persons desiring to transit within 100 yards of an escorted vessel in the Fifth Coast Guard District must contact the local Captain of the Port on VHF channel 16 (156.800 MHz), VHF channel 13 (156.650 MHz) or at telephone numbers: Philadelphia: (215) 271–4807 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 11551 Baltimore: (410) 576–2693 Hampton Roads: (757) 668–5555 or (757) 484–8192 Wilmington: (910) 772–2200 or (910) 254– 1500 (8) If permission is granted to transit within 100 yards of an escorted vessel, all persons and vessels must comply with the instructions of the District Commander, Captain of the Port or their designated representative. Dated: February 28, 2005. S. Brice-O’Hara, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 05–4601 Filed 3–8–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 166 Shipping Safety Fairways CFR Correction In Title 33 of the Code of Federal Regulations, Parts 125 to 199, revised as of July 1, 2004, in part 166, on page 791, the following text from §§ 166.103, 166.105, 166.110, and 166.200 is reinstated: Geographic coordinates expressed in terms of latitude or longitude, or both, are not intended for plotting on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate corrections that are published on the particular map or chart being used. [CGD 86–082, 52 FR 33811, Sept. 8, 1987] § 166.105 Definitions. (a) Shipping safety fairway or fairway means a lane or corridor in which no artificial island or fixed structure, whether temporary or permanent, will be permitted. Temporary underwater obstacles may be permitted under certain conditions described for specific areas in Subpart B. Aids to navigation approved by the U.S. Coast Guard may be established in a fairway. (b) Fairway anchorage means an anchorage area contiguous to and associated with a fairway, in which fixed structures may be permitted within certain spacing limitations, as described for specific areas in Subpart B. E:\FR\FM\09MRR1.SGM 09MRR1 11552 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations [CGD 81–80a, 48 FR 30110, June 30, 1983] § 166.110 Modification of areas. Fairways and fairway anchorages are subject to modification in accordance with 33 U.S.C. 1223(c); 92 Stat. 1473. [CGD 81–80a, 48 FR 30110, June 30, 1983] Subpart B—Designations of Fairways and Fairway Anchorages § 166.200 Shipping safety fairways and anchorage areas, Gulf of Mexico. (a) Purpose. Fairways and anchorage areas as described in this section are established to control the erection of structures therein to provide safe approaches through oil fields in the Gulf of Mexico to entrances to the major ports along the Gulf Coast. (b) Special Conditions for Fairways in the Gulf of Mexico. Temporary anchors [FR Doc. 05–55502 Filed 3–8–05; 8:45 am] BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R03–OAR–2004–WV–0002; FRL–7882–4] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the City of Weirton Including the Clay and Butler Magisterial Districts SO2 Nonattainment Area and Approval of the Maintenance Plan; Correction Environmental Protection Agency (EPA). ACTION: Direct final rule; correcting amendment. AGENCY: SUMMARY: EPA is correcting the format in the Identification of plan section of a State Implementation Plan (SIP) revision pertaining to a sulfur dioxide (SO2) maintenance plan which EPA approved as part of the West Virginia SIP on January 10, 2005. This document corrects an error in the rule format of a final rule pertaining to the State of West Virginia. DATES: Effective Date: Effective March 11, 2005. FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814–2108 or by e-mail at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ or ‘‘our’’ are used we mean EPA. On January 10, 2005 (70 FR 1664), we published a final rulemaking action announcing approval of a revision to the West Virginia State Implementation Plan (SIP) pertaining to an SO2 VerDate jul<14>2003 17:46 Mar 08, 2005 Jkt 205001 maintenance plan for the City of Weirton and Clay and Butler Magisterial Districts in Hancock County. In our approval action, EPA incorporated by reference (IBR’ed) the State action and codified this action at § 52.2520(c)(62). The effective date of the action is March 11, 2005. Subsequently, on February 10, 2005 (70 FR 7024), we published an administrative rulemaking action announcing format revisions to the Identification of plan section in 40 CFR part 52, subpart XX (West Virginia), as well as changes to the format for materials which are IBR’ed. This administrative rulemaking action both recodified the existing § 52.2520 as § 52.2565 entitled ‘‘Original Identification of plan section,’’ and created a new § 52.2520 entitled ‘‘Identification of plan.’’ We are revising the table in § 52.2520(e) by adding the entry for the Hancock County SO2 maintenance plan for the City of Weirton and Clay and Butler Magisterial Districts, effective March 11, 2005, so that it reflects EPA’s January 10, 2005 approval action of this plan. In rule document 05–418 published in the Federal Register on January 10, 2005, on page 1668 in the second column, Amendatory Instruction Number 2 is withdrawn. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today’s rule final without prior proposal and opportunity for comment because we are merely correcting an incorrect citation in a previous action. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B). Statutory and Executive Order Reviews Under Executive Order (E.O.) 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. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)). Because the agency has made a ‘‘good cause’’ finding that this action is not subject to notice-and-comment requirements under the Administrative Procedures Act or any other statute as indicated in the Supplementary PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104–4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of governments, as specified by Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This technical correction action does not involve technical standards; 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. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 E:\FR\FM\09MRR1.SGM 09MRR1

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11551-11552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-55502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 166


Shipping Safety Fairways

CFR Correction

    In Title 33 of the Code of Federal Regulations, Parts 125 to 199, 
revised as of July 1, 2004, in part 166, on page 791, the following 
text from Sec. Sec.  166.103, 166.105, 166.110, and 166.200 is 
reinstated:
    Geographic coordinates expressed in terms of latitude or longitude, 
or both, are not intended for plotting on maps or charts whose 
referenced horizontal datum is the North American Datum of 1983 (NAD 
83), unless such geographic coordinates are expressly labeled NAD 83. 
Geographic coordinates without the NAD 83 reference may be plotted on 
maps or charts referenced to NAD 83 only after application of the 
appropriate corrections that are published on the particular map or 
chart being used.
    [CGD 86-082, 52 FR 33811, Sept. 8, 1987]


Sec.  166.105  Definitions.

    (a) Shipping safety fairway or fairway means a lane or corridor in 
which no artificial island or fixed structure, whether temporary or 
permanent, will be permitted. Temporary underwater obstacles may be 
permitted under certain conditions described for specific areas in 
Subpart B. Aids to navigation approved by the U.S. Coast Guard may be 
established in a fairway.
    (b) Fairway anchorage means an anchorage area contiguous to and 
associated with a fairway, in which fixed structures may be permitted 
within certain spacing limitations, as described for specific areas in 
Subpart B.

[[Page 11552]]


[CGD 81-80a, 48 FR 30110, June 30, 1983]


Sec.  166.110  Modification of areas.

    Fairways and fairway anchorages are subject to modification in 
accordance with 33 U.S.C. 1223(c); 92 Stat. 1473.

[CGD 81-80a, 48 FR 30110, June 30, 1983]

Subpart B--Designations of Fairways and Fairway Anchorages


Sec.  166.200  Shipping safety fairways and anchorage areas, Gulf of 
Mexico.

    (a) Purpose. Fairways and anchorage areas as described in this 
section are established to control the erection of structures therein 
to provide safe approaches through oil fields in the Gulf of Mexico to 
entrances to the major ports along the Gulf Coast.
    (b) Special Conditions for Fairways in the Gulf of Mexico. 
Temporary anchors

[FR Doc. 05-55502 Filed 3-8-05; 8:45 am]
BILLING CODE 1505-01-D
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