Safety Zone; Indian River, New Smyrna, FL, 36509-36511 [05-12540]
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
(i) An agency of the Federal
government (for example, the
Department of Veterans Affairs);
(ii) A one-stop delivery system or
specialized one-stop center described in
section 134(c) of the Workforce
Investment Act of 1998 (29 U.S.C.
2864(c)); or
(iii) Another provider of services
approved by us; providers we may
approve include, but are not limited
to—
(A) A public or private organizations
with expertise in the delivery or
coordination of vocational rehabilitation
services, employment services, or other
support services; or
(B) A public, private or parochial
school that provides or coordinates a
program of vocational rehabilitation
services, employment services, or other
support services carried out under an
individualized program or plan;
(4) An individualized education
program developed under policies and
procedures approved by the Secretary of
Education for assistance to States for the
education of individuals with
disabilities under the Individuals with
Disabilities Education Act, as amended
(20 U.S.C. 1400 et seq.); you must be age
18 through age 21 for this provision to
apply.
(d) When are you participating in the
program? (1) You are participating in a
program described in paragraph (c)(1),
(c)(2) or (c)(3) of this section when you
are taking part in the activities and
services outlined in your individual
work plan, your individualized plan for
employment, or your similar
individualized written employment
plan, as appropriate.
(2) If you are a student age 18 through
21 receiving services under an
individualized education program
described in paragraph (c)(4) of this
section, you are participating in your
program when you are taking part in the
activities and services outlined in your
program or plan.
(3) You are participating in your
program under paragraph (d)(1) or (2) of
this section during temporary
interruptions in your program. For an
interruption to be considered
temporary, you must resume taking part
in the activities and services outlined in
your plan or program, as appropriate, no
more than three months after the month
the interruption occurred.
(e) How will we determine whether or
not your completion of the program, or
your continuation in the program for a
specified period of time, will increase
the likelihood that you will not have to
return to the disability or blindness
benefit rolls? (1) We will determine that
your completion of the program, or your
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16:42 Jun 23, 2005
Jkt 205001
continuation in the program for a
specified period of time, will increase
the likelihood that you will not have to
return to the disability or blindness
benefit rolls if your completion of or
your continuation in the program will
provide you with—
(i) Work experience (see § 416.965) so
that you would more likely be able to
do past relevant work (see § 416.960(b)),
despite a possible future reduction in
your residual functional capacity (see
§ 416.945); or
(ii) Education (see § 416.964) and/or
skilled or semi-skilled work experience
(see § 416.968) so that you would more
likely be able to adjust to other work
that exists in the national economy (see
§ 416.960(c)), despite a possible future
reduction in your residual functional
capacity (see § 416.945).
(2) If you are a student age 18 through
age 21 participating in an
individualized education program
described in paragraph (c)(4) of this
section, we will find that your
completion of or continuation in the
program will increase the likelihood
that you will not have to return to the
disability or blindness benefit rolls.
(3) If you are receiving transition
services after having completed an
individualized education program as
described in paragraph (e)(2) of this
section, we will determine that the
transition services will increase the
likelihood that you will not have to
return to the disability benefit rolls if
they meet the requirements in paragraph
(e)(1) of this section.
Subpart N—[Amended]
18. The authority citation for subpart
N of part 416 continues to read as
follows:
I
Authority: Secs. 702(a)(5), 1631, and 1633
of the Social Security Act (42 U.S.C.
902(a)(5), 1383, and 1383b).
19. Section 416.1402 is amended by
revising paragraph (j) to read as follows:
I
§ 416.1402 Administrative actions that are
initial determinations.
*
*
*
*
*
(j) Whether your completion of, or
continuation for a specified period of
time in, an appropriate program of
vocational rehabilitation services,
employment services, or other support
services will increase the likelihood that
you will not have to return to the
disability or blindness benefit rolls, and
thus, whether your benefits may be
continued even though you are not
disabled or blind;
*
*
*
*
*
[FR Doc. 05–12432 Filed 6–23–05; 8:45 am]
BILLING CODE 4191–02–P
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36509
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05–076]
RIN 1625–AA00
Safety Zone; Indian River, New
Smyrna, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
around a fireworks barge as it launches
fireworks in New Smyrna, Florida. The
rule prohibits entry into the safety zone
without the permission of the Captain of
the Port Jacksonville or his designated
representative. The rule is needed to
protect participants, vendors, and
spectators from the hazards associated
with the launching of fireworks.
DATES: This rule is effective from 9 p.m.
on June 25, 2005, until 10 p.m. on June
25, 2005.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket (COTP
Jacksonville 05–076) and are available
for inspection and copying at Coast
Guard Marine Safety Office Jacksonville,
7820 Arlington Expressway, Suite 400,
Jacksonville, Florida, 32211, between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Jamie Bigbie at Coast Guard
Marine Safety Office Jacksonville, FL,
tel: (904) 232–2640, ext. 105.
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 a NRPM.
Publishing a NPRM, which would
incorporate a comment period before a
final rule could be issued and delay the
rule’s effective date, is contrary to
public interest because immediate
action is necessary to protect the public
and waters of the United States.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register. The
Coast Guard will issue a broadcast
notice to mariners and will place Coast
Guard vessels in the vicinity of this
zone to advise mariners of the
restriction.
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36510
Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
Background and Purpose
This rule is needed to protect
spectator craft in the vicinity of the
fireworks presentation from the hazards
associated with the storage, preparation
and launching of fireworks. Anchoring,
mooring, or transiting within this zone
is prohibited, unless authorized by the
Captain of the Port, Jacksonville, FL or
his designated representative. The
temporary safety zone encompasses all
waters within 500 yards in any direction
around the fireworks barge during the
storage, preparation and launching of
fireworks. During the fireworks show,
the barge will be located at approximate
position 29°03′00″ N, 080°55′00″ W.
please contact the person listed under
FOR FURTHER INFORMATION CONTACT for
assistance in understanding this rule.
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).
Regulatory Evaluation
This regulation 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 the
order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS) because these regulations will
only be in effect for a short period of
time and the impact on routine
navigation is expected to be minimal.
Collection of Information
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
dominate in their field, 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
upon a substantial number of small
entities because the regulations will
only be in effect for a short period of
time and the impact on routine
navigation is expected to be minimal.
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. If
the rule will affect your small business,
organization, or government jurisdiction
and you have questions concerning its
provisions or options for compliance,
VerDate jul<14>2003
16:42 Jun 23, 2005
Jkt 205001
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 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 my result in the expenditure by
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Although this rule will not result in
such an 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
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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 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
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Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Rules and Regulations
(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. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
are available in the docket where
indicated under ADDRESSES.
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.
I 2. A new temporary § 165.T07–076 is
added to read as follows:
§ 165.T07–076
FL.
Safety Zone, Indian River,
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone
around a fireworks barge on the Indian
River, New Smyrna, Florida. The safety
zone includes all waters within 500
yards in any direction from the
fireworks barge located at approximate
position 29°03′00″ N, 080°55′00″ W.
(b) Definitions. The following
definitions apply to this section:
Designated representative means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
of the regulated navigation areas and
security zones
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, anchoring, mooring or
transiting in this zone is prohibited
unless authorized by the Coast Guard
Captain of the Port Jacksonville, FL or
his designated representative.
(d) Dates. This rule is effective from
9 p.m. on June 25, 2005, until 10 p.m.
on June 25, 2005.
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Dated: June 14, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–12540 Filed 6–23–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0014; FRL–7927–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Commonwealth of Pennsylvania;
Control of VOC Emissions From
Aerospace, Mobile Equipment, and
Wood Furniture Surface Coating
Applications for Allegheny County
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the
Allegheny County portion of the
Commonwealth of Pennsylvania State
Implementation Plan (SIP). This
revision, submitted by the Pennsylvania
Department of Environmental Protection
(PADEP) on behalf of the Allegheny
County Health Department (ACHD),
establishes standards and requirements
to control volatile organic compounds
(VOCs) emissions from aerospace,
mobile equipment, and wood furniture
surface coating applications, and
modifies existing regulations for general
and specific coating processes. This
revision updates the ACHD’s regulations
to make them consistent with the
Commonwealth’s SIP-approved
regulations regarding the affected
surface coating processes. EPA is
approving this revision to the Allegheny
portion of the Commonwealth of
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act.
DATES: This rule is effective on August
23, 2005, without further notice, unless
EPA receives adverse written comment
by July 25, 2005. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–PA–0014, by one of the following
methods:
A. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
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36511
B. Agency Web site: https://
www.docket.epa.gov/rmepub/index.jsp
RME, EPA’s electronic public docket
and comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: campbell.dave@epa.gov.
D. Mail: R03–OAR–2005–PA–0014,
David Campbell Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–PA–0014.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.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 RME,
regulations.gov or e-mail. The EPA RME
and the Federal regulations.gov Web
sites are an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through RME or regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the RME
index at https://www.docket.epa.gov/
rmepub/. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
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]]>Agencies
[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Rules and Regulations]
[Pages 36509-36511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12540]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Jacksonville 05-076]
RIN 1625-AA00
Safety Zone; Indian River, New Smyrna, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone around
a fireworks barge as it launches fireworks in New Smyrna, Florida. The
rule prohibits entry into the safety zone without the permission of the
Captain of the Port Jacksonville or his designated representative. The
rule is needed to protect participants, vendors, and spectators from
the hazards associated with the launching of fireworks.
DATES: This rule is effective from 9 p.m. on June 25, 2005, until 10
p.m. on June 25, 2005.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket (COTP Jacksonville 05-076) and are
available for inspection and copying at Coast Guard Marine Safety
Office Jacksonville, 7820 Arlington Expressway, Suite 400,
Jacksonville, Florida, 32211, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jamie Bigbie at Coast Guard
Marine Safety Office Jacksonville, FL, tel: (904) 232-2640, ext. 105.
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 a NRPM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued and
delay the rule's effective date, is contrary to public interest because
immediate action is necessary to protect the public and waters of the
United States.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. The Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
[[Page 36510]]
Background and Purpose
This rule is needed to protect spectator craft in the vicinity of
the fireworks presentation from the hazards associated with the
storage, preparation and launching of fireworks. Anchoring, mooring, or
transiting within this zone is prohibited, unless authorized by the
Captain of the Port, Jacksonville, FL or his designated representative.
The temporary safety zone encompasses all waters within 500 yards in
any direction around the fireworks barge during the storage,
preparation and launching of fireworks. During the fireworks show, the
barge will be located at approximate position 29[deg]03[min]00[sec] N,
080[deg]55[min]00[sec] W.
Regulatory Evaluation
This regulation 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 the order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS) because these regulations will only be in
effect for a short period of time and the impact on routine navigation
is expected to be minimal.
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 dominate in their field,
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 upon a substantial number
of small entities because the regulations will only be in effect for a
short period of time and the impact on routine navigation is expected
to be minimal.
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. If the rule
will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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 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 my
result in the expenditure by State, local, or tribal government, in the
aggregate, or by the private sector of $100,000,000 or more in any one
year. Although this rule will not result in such an 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 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
[[Page 36511]]
(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. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
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.
0
2. A new temporary Sec. 165.T07-076 is added to read as follows:
Sec. 165.T07-076 Safety Zone, Indian River, FL.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone around a fireworks barge on the Indian River, New Smyrna,
Florida. The safety zone includes all waters within 500 yards in any
direction from the fireworks barge located at approximate position
29[deg]03'00'' N, 080[deg]55'00'' W.
(b) Definitions. The following definitions apply to this section:
Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement of the regulated navigation
areas and security zones
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, anchoring, mooring or transiting in this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port Jacksonville, FL or his designated representative.
(d) Dates. This rule is effective from 9 p.m. on June 25, 2005,
until 10 p.m. on June 25, 2005.
Dated: June 14, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 05-12540 Filed 6-23-05; 8:45 am]
BILLING CODE 4910-15-P
