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Exclusion Determination’’ are available Commercial tows transiting the barrier SUPPLEMENTARY INFORMATION: in the docket where indicated under must be made up with wire rope to Regulatory Information ADDRESSES. ensure electrical connectivity between all segments of the tow. We did not publish a notice of List of Subjects in 33 CFR Part 165 (3) All persons and vessels shall proposed rulemaking (NPRM) for this Harbors, Marine safety, Navigation comply with this rule and any regulation. Under 5 U.S.C. 553 (b)(B), (water), Reporting and recordkeeping additional instructions of the Ninth the Coast Guard finds that good cause requirements, Security measures, Coast Guard District Commander, or his exists for not publishing a NPRM. Waterways. designated representative. Publishing a NPRM, which would incorporate a comment period before a I For the reasons discussed in the Dated: January 13, 2005. final rule could be issued, and delaying preamble, the Coast Guard amends 33 R.J. Papp, CFR part 165 as follows: the rule’s effective date is contrary to Rear Admiral, U.S. Coast Guard, Commander, public safety because immediate action Ninth Coast Guard District. PART 165—REGULATED NAVIGATION is necessary to protect the public and AREAS AND LIMITED ACCESS AREAS [FR Doc. 05–1425 Filed 1–25–05; 8:45 am] waters of the United States. BILLING CODE 4910–15–P For the same reasons, under 5 U.S.C. I 1. The authority citation for Part 165 553(d)(3), the Coast Guard finds that continues to read as follows: good cause exists for making this rule Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. DEPARTMENT OF HOMELAND effective less than 30 days after Chapter 701; 50 U.S.C. 191, 195; 33 CFR SECURITY publication in the Federal Register. The 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. Coast Guard Coast Guard will issue a broadcast 107–295, 116 Stat. 2064; Department of notice to mariners and may place Coast Homeland Security Delegation No. 0170.1. 33 CFR Part 165 Guard vessels in the vicinity of this I 2. Add § 165.T09.001 to read as zone to advise mariners of the follows: [COTP Jacksonville 04–133] restriction. RIN 1625–AA00 § 165.T09—001 Temporary Regulated Background and Purpose Navigation Area between mile markers Safety Zone; St. Johns River, This rule is needed to protect 296.1 and 296.7 of the Chicago Sanitary and Jacksonville, FL spectator craft in the vicinity of the Ship Canal located near Romeoville, IL. fireworks presentation from the hazards (a) Location. The following is a AGENCY: Coast Guard, DHS. associated with transport, storage, and Regulated Navigation Area: All waters ACTION: Temporary final rule. launching of fireworks. Anchoring, of the Chicago Sanitary and Ship Canal, mooring, or transiting within these Romeoville, IL beginning at the north SUMMARY: The Coast Guard is zones is prohibited, unless authorized side of Romeo Road Bridge Mile Marker establishing temporary safety zones on by the Captain of the Port, Jacksonville, 296.1, and ending at the south side of the St. Johns River off the Main Street Florida. The temporary safety zone the Aerial Pipeline Mile Marker 296.7. Bridge, the Acosta Bridge, and the Hart encompasses all waters 500 yards east (b) Effective Period: This rule is Bridge. These safety zones are necessary and west of the Main Street Bridge, 500 effective from 3 p.m. (CST) January 13, for the Super Night of Lights fireworks yards east of the Acosta Bridge, and 500 2005 until 12 p.m. (CST) June 30, 2005. display scheduled on February 3, 2005, yards west of the Hart Bridge. (c) Regulations. (1) The general downtown Jacksonville and will protect regulations contained in 33 CFR 165.13 participants, vendors, and spectators Regulatory Evaluation apply. from the hazards associated with the This regulation is not a significant (2) All vessels are prohibited from launching of fireworks off the regulatory action under section 3(f) of loitering in the vicinity of the electrical aforementioned bridges and cascading Executive Order 12866, Regulatory dispersal barrier. ‘‘Vicinity’’ of the onto the St. Johns River. These Planning and Review, and does not electrical dispersal barrier is defined as temporary safety zones prohibit persons require an assessment of potential cost the Chicago Sanitary and Ship Canal or vessels from entering the zone, unless and benefits under section 6(a)(3) of that from the north side of the Romeo authorized by the Captain of the Port Order. The Office of Management and Highway Bridge at Mile Marker 296.1 to Jacksonville or a designated Budget has exempted it from review the aerial pipeline arch located at Mile representative. under the order. It is not significant Marker 296.7. Vessels may enter this under the regulatory policies and section of the waterway with the sole DATES: This rule is effective from 9:45 p.m. to 10:45 p.m. on February 3, 2005. procedures of the Department of purpose of transiting to the other side, Homeland Security (DHS) because these and must maintain headway throughout ADDRESSES: Documents mentioned in regulations will only be in effect for a the transit. All personnel on open decks this preamble as being available in the short period of time, and the impacts on must wear a Coast Guard approved Type docket, are part of docket [COTP routine navigation are expected to be I personal flotation device while in the Jacksonville 04–133] and are available minimal. ‘‘vicinity’’ until subsequent field testing for inspection and copying at Coast determines the waters in this area do Guard Marine Safety Office Jacksonville, Small Entities not pose significant risk to human life. 7820 Arlington Expressway, Suite 400, Under the Regulatory Flexibility Act Vessels may not moor or lay up on the Jacksonville, Florida, 32211, between 8 (5 U.S.C. 601–612), we considered right or left descending banks. Towboats a.m. and 4 p.m., Monday through whether this rule would have a may not make or break tows. Vessels Friday, except Federal holidays. significant economic impact on a may not pass (meet or overtake) in the FOR FURTHER INFORMATION CONTACT: substantial number of small entities. ‘‘vicinity’’ and must make a SECURITE Lieutenant Junior Grade Carol Swinson ‘‘Small entities’’ include small call when approaching the barrier to at Coast Guard Marine Safety Office businesses, not-for-profit organizations announce intentions and work out Jacksonville, Florida, tel: (904) 232– that are independently owned and passing arrangements on either side. 2640, ext. 155. operated and are not dominate in their

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field, and governmental jurisdictions State, local, or tribal government, in the voluntary consensus standards in their with populations of less than 50,000. aggregate, or by the private sector of regulatory activities unless the agency The Coast Guard certifies under $100,000,000 or more in any one year. provides Congress, through the Office of section 5 U.S.C. 605(b) that this rule Although this rule will not result in Management and Budget, with an will not have a significant economic such an expenditure, we do discuss the explanation of why using these impact upon a substantial number of effects of this rule elsewhere in this standards would be inconsistent with small entities because the regulations preamble. applicable law or otherwise impractical. will only be in effect for one hour and Voluntary consensus standards are Taking of Private Property the impact on routine navigation are technical standards (e.g., specifications expected to be minimal because traffic This rule will not affect a taking of of materials, performance, design, or may transit safely around the zone and private property or otherwise have operation; test methods; sampling traffic may enter upon permission of the taking implications under Executive procedures; and related management Captain of the Port or his representative. Order 12630, Governmental Actions and systems practices) that are developed or Interference With Constitutionally Assistance for Small Entities adopted by voluntary consensus Protected Property Rights. standards bodies. Under section 213(a) of the Small Civil Justice Reform This rule does not use technical Business Regulatory Enforcement standards. Therefore, we did not Fairness Act of 1996 (Public Law 104– This rule meets applicable standards consider the use of voluntary consensus 121), we offer to assist small entities in in sections 3(a) and 3(b)(2) of Executive standards. understanding the rule so that they can Order 12988, Civil Justice Reform, to better evaluate its effects on them and minimize litigation, eliminate Environment participate in the rulemaking process. If ambiguity, and reduce burden. We have analyzed this rule under the rule will affect your small business, Commandant Instruction M16475.lD, Protection of Children organization, or government jurisdiction which guides the Coast Guard in and you have questions concerning its We have analyzed this rule under complying with the National provisions or options for compliance, Executive Order 13045, Protection of Environmental Policy Act of 1969 please contact the person listed under Children from Environmental Health (NEPA)(42 U.S.C. 4321–4370f), and FOR FURTHER INFORMATION CONTACT for Risks and Safety Risks. This rule is not have concluded that there are no factors assistance in understanding this rule. an economically significant rule and in this case that would limit the use of Small businesses may send comments does not create an environmental risk to a categorical exclusion under section on the actions of Federal employees health or safety that may 2.B.2 of the Instruction. Therefore, this who enforce, or otherwise determine disproportionately affect children. rule is categorically excluded, under compliance with, Federal regulations to Indian Tribal Governments figure 2–1, paragraph (34)(g), of the the Small Business and Agriculture Instruction, from further environmental Regulatory Enforcement Ombudsman This rule does not have tribal documentation. Under figure 2–1, and the Regional Small Business implications under Executive Order paragraph (34)(g), of the Instruction, an Regulatory Fairness Boards. The 13175, Consultation and Coordination ‘‘Environmental Analysis Check List’’ Ombudsman evaluates these actions and with Indian Tribal Governments, and a ‘‘Categorical Exclusion annually rates each agency’s because it does not have substantial Determination’’ are not required for this responsiveness to small business. If you direct effect on one or more Indian rule. wish to comment on actions by tribes, on the relationship between the List of Subjects in 33 CFR Part 165 employees of the Coast Guard, call 1– Federal Government and Indian tribes, 888–REG–FAIR (1–888–734–3247). or on the distribution of power and Harbors, Marine safety, Navigation responsibilities between the Federal (water), Reporting and recordkeeping Collection of Information Government and Indian tribes. requirements, Security measures, This rule calls for no new collection Energy Effects Waterways. of information under the Paperwork I For the reasons discussed in the We have analyzed this rule under Reduction Act of 1995 (44 U.S.C. 3501– preamble, the Coast Guard amends 33 Executive Order 13211, Actions 3520). CFR part 165, as follows: Concerning regulations That Federalism Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION A rule has implications for federalism Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because I 1. The authority citation for part 165 effect on State or local governments and it is not a ‘‘significant regulatory action’’ continues to read as follows: would either preempt State law or under Executive Order 12866 and is not Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. impose a substantial direct cost of likely to have significant adverse effect chapter 701; 50 U.S.C. 191, 195; 33 CFR compliance on them. We have analyzed on the supply, distribution, or use of 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. this rule under that Order and have energy. It has not been designated by the 107–295, 116 Stat. 2064; Department of determined that it does not have Administrator of the Office of Homeland Security Delegation No. 0170.1. implications for federalism. Information and Regulatory Affairs as a I 2. A new temporary § 165.T–07–133 is significant energy action. Therefore, it Unfunded Mandates Reform Act added to read as follows: does not require a Statement of Energy The Unfunded Mandates Reform Act Effects under Executive Order 13211. § 165.T–07–133 Safety Zone St. Johns of 1995 (2 U.S.C. 1531–1538) requires River, Jacksonville, Florida. Federal agencies to assess the effects of Technical Standards (a) Regulated area. The Coast Guard is their discretionary regulatory actions. In The National Technology Transfer establishing temporary safety zones on particular, the Act addresses actions and Advancement Act (NTTAA) (15 the St. Johns River extending 500 yards that my result in the expenditure by U.S.C. 272 note) directs agencies to use east and west of the Main Street Bridge,

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500 yards east of the Acosta Bridge, and procedures for assistance agreement type determinations made by EPA and 500 yards west of the Hart Bridge. competition-related disputes and generally do not allow an applicant to (b) Regulations. In accordance with disagreements. challenge a scoring or ranking the general regulations in § 165.23 of DATES: These procedures are effective determination, unless there is a this part, anchoring, mooring or upon January 26, 2005. compelling reason or an issue of transiting in this zone is prohibited national significance which would FOR FURTHER INFORMATION CONTACT: warrant EPA review of the dispute. The unless authorized by the Coast Guard Bruce Binder, Associate Director for procedures also establish that the Captain of the Port Jacksonville, Florida. Grants Competition, Office of Grants GCDDO’s decision will constitute final (c) Dates. This rule is effective from and Debarment, 1200 Pennsylvania agency action for the purposes of 9:45 p.m. to 10:45 p.m. on February 3, Avenue, NW., Mail Code 3901R, judicial review with no right to any 2005. Washington, DC 20460. The telephone further EPA review. Dated: January 18, 2005. number is (202) 564–4935; facsimile In addition, EPA headquarters and number (202) 565–2469; and e-mail David L. Lepsch, regional program offices may, with the address is [email protected]. Copies Captain, U.S. Coast Guard, Captain of the approval of the EPA Grants Competition of the Class Deviation are available by Port Jacksonville. Advocate, adopt dispute resolution contacting Bruce Binder as indicated [FR Doc. 05–1427 Filed 1–25–05; 8:45 am] procedures that are ‘‘substantially the above. BILLING CODE 4910–15–P same’’ as the procedures contained in SUPPLEMENTARY INFORMATION: This this document. Each EPA action sets forth the dispute resolution announcement for a competitive ENVIRONMENTAL PROTECTION procedures based on the Class Deviation assistance agreement will either include AGENCY that are to be used in lieu of the dispute or reference the applicable disputes procedures contained in 40 CFR 30.63 procedure for that particular 40 CFR Parts 30 and 31 and 40 CFR part 31, subpart F, 40 CFR competition (if referenced, the [FRL–7863–3] 31.70 for the resolution of EPA announcement will indicate how assistance agreement competition- applicants can obtain a copy of the Notice of Availability of Class related disputes and disagreements. dispute procedures). Deviation; Assistance Agreement These procedures will ensure that Regulated Entities: The assistance Competition-Related Disputes applicants are provided with a agreement competition-related disputes Resolution Procedures meaningful and effective dispute procedures covered by this action apply resolution process for assistance to all entities which compete for AGENCY: Environmental Protection agreement competition-related disputes competitive assistance agreement Agency (EPA). and disagreements. The procedures awards that are subject to the applicable ACTION: Notice of availability. provide that unsuccessful applicants EPA assistance agreement procedures will receive timely notification that EPA found at 40 CFR parts 30, 31, and 35 SUMMARY: This document provides determined that their application or unless the part 35 regulations contain notice of the availability of a Class proposal was either ineligible for an specific dispute procedures that apply Deviation from EPA’s assistance award or was not selected for an award. to such awards. agreement dispute procedures and also Applicants may then, upon request, Background: The regulatory disputes sets forth the procedures that will apply obtain a timely debriefing on the basis resolution coverage currently found at to the resolution of competition-related for the Agency’s decision. Debriefings 40 CFR 31.70 was initially codified in disputes and disagreements that may may be oral or written but are the CFR on September 30, 1983 at 40 arise in connection with the mandatory if the applicant intends to CFR 30.303(b) and 40 CFR part 30, competition of EPA assistance file a dispute in order to minimize subpart L (1983). 48 FR 4506 agreements. Currently, assistance misunderstandings between the Agency (September 30, 1983). At that time, EPA agreement competition-related disputes and the applicant and provide an changed the assistance agreement and disagreements are resolved in opportunity to expeditiously resolve disputes process from an adversarial, accordance with EPA assistance differences without the need to file a trial type process before the EPA Board agreement dispute procedures that formal dispute. The applicant may file of Assistance Appeals, to a more apply to financial assistance to a formal dispute within 15 calendar informal system administered by institutions of higher education, days after the debriefing. Agency program managers. The hospitals, non-profit organizations, In addition to establishing a preamble to the final rule described the States, tribes, local governments and nationally consistent assistance 1983 changes to the disputes process as other eligible entities. EPA has agreement competition disputes follows: determined, however, through a Class process, the procedures in this The new process will: Deviation, that these procedures are not document clarify roles and 1. Encourage cooperation between the practicable to use for competition- responsibilities and specify the Agency’s officials and those applying related disputes and disagreements and circumstances in which applicants may for and receiving assistance. that it is appropriate to replace those dispute EPA decisions. Agency Officials 2. Develop a good administrative procedures with the procedures must appoint a Grants Competition record to support the Agency’s final contained in this document. These new Disputes Decision Official (GCDDO) to decisions. dispute resolution procedures will resolve the dispute; the GCDDO cannot 3. Provide applicants and recipients apply to competitive awards that are be involved in the decision that is the high-level review of Agency decisions subject to applicable EPA assistance subject of the dispute. The GCDDO and a forum for resolving disputes agreement procedures unless there are determines whether the issues raised in informally, expeditiously, and program specific statutory or regulatory the dispute warrant delaying the inexpensively. dispute procedures that apply to such competitive process until the dispute is 4. Provide applicants and recipients a awards. The Class Deviation and this resolved. These procedures also written decision explaining the basis for action only affect the dispute resolution generally limit disputes to eligibility- the position.

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