Federal Register / Vol. 69, No. 6 / Friday, January 9, 2004 / Rules and Regulations 1525

them, the address for the location where Dated: December 22, 2003. received no letters commenting on the remittances for fees shall be mailed or Lewis C. Brodsky, proposed rule. No public meeting was delivered, and the address to be used to Acting Director of Selective Service. requested, and none was held. request information available to the [FR Doc. 04–282 Filed 1–8–04; 8:45 am] Background and Purpose public or to former employers of BILLING CODE 8015–01–M registrants whenever an area office is The Marathon Director closed. The current addresses listed requested that the Coast Guard under ‘‘Privacy Act Procedures’’ in the temporarily change the existing DEPARTMENT OF HOMELAND regulations governing the operation of Code of Federal Regulations are SECURITY outdated due to a change of location for the east and west spans of the Venetian the Agency’s headquarters. Coast Guard bridges, and the Avenue and bridges, to EFFECTIVE DATE: February 9, 2004. 33 CFR Part 117 allow them to remain in the closed FOR FURTHER INFORMATION CONTACT: position during the running of the Rudy Sanchez, Office of the General [CGD07–03–141] Miami Tropical Marathon on February Counsel, Selective Service System, 1515 RIN 1625–AA09 1, 2004. The marathon route passes over Wilson Boulevard, Arlington, VA these four bridges, and any bridge 22209–2425. (703–605–4012). Drawbridge Operation Regulation; opening would disrupt the race. Based , Atlantic Intracoastal on the limited amount of time the SUPPLEMENTARY INFORMATION: The bridges will be closed, the rule will still Selective Service considers this rule (32 Waterway, , Miami-Dade provide for the reasonable needs of CFR part 1665) to be a procedural rule County, FL navigation on the day of the event. which is exempt from the notice-and- AGENCY: Coast Guard, DHS. The east and west spans of the comment under 5 U.S.C. 533 (b)(3)(A). ACTION: Temporary final rule. Venetian Causeway bridges are located This rule is not a significant rule for the between Miami and Miami Beach. The purpose of Executive Order 12866 and SUMMARY: The Coast Guard is current regulation governing the has not bee reviewed by the Office of temporarily changing the regulations operation of the east span of the Management and Budget. As required governing the operation of the east and Venetian Causeway bridge is published by the Regulatory Flexibility Act, SSS west spans of the Venetian Causeway in 33 CFR 117.269 and requires the certifies that these regulatory bridges across the Miami Beach Channel bridge to open on signal; except that, amendments will not have a significant on the Atlantic Intracoastal Waterway, from November 1 through April 30 from impact on small business entities. and the and Miami 7:15 a.m. to 8:45 a.m. and from 4:45 List of Subjects in 32 CFR Part 1665 Avenue bridges across the Miami River, p.m. to 6:15 p.m. Monday through Miami-Dade County. This rule will Friday, the draw need not open. Administrative practice and allow these bridges to remain in the However, the draw shall open at 7:45 procedure, Privacy, Selective Service closed position during the Miami a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m., System. Tropical Marathon on February 1, 2004. if any vessel is waiting to pass. The ■ For the reason set forth in the DATES: This temporary rule is effective draw shall open on signal on preamble, amend part 1665 of title 32 of from 6:05 a.m. until 11:59 a.m. on Thanksgiving Day, Christmas Day, New the code of Federal Regulations as February 1, 2004. Year’s Day and Washington’s Birthday. follows: ADDRESSES: Comments and material Moreover, the bridge must open for received from the public, as well as public vessels of the United States, tugs PART 1665—PRIVACY ACT documents indicated in this preamble as with tows, regularly scheduled cruise PROCEDURES being available in the docket, are part of vessels, and vessels in distress. docket [CGD–07–03–141] and are The regulation governing the west ■ 1. The authority citation for part 1665 available for inspection or copying at span of the Venetian Causeway bridge is continues to reads: Commander (obr), Seventh Coast Guard published in 33 CFR 117.5 and requires Authority: Military Selective Service Act, District, 909 SE. 1st Avenue, Room 432, the bridge to open on signal. 50 U.S.C. App. 451 et seq.; E.O. 11623. Miami, FL, 33131, between 7:30 a.m. The operating schedule of the Brickell Avenue and Miami Avenue bridges is § 1665.1 [Amended] and 4 p.m., Monday through Friday, except Federal holidays. The Seventh published in 33 CFR 117.305 and ■ 2. In Sec. 1665.1 (a), revise ‘‘Director, Coast Guard District, Bridge Branch, requires each bridge to open on signal; Selective Service System, ATTN: maintains the public docket for this except that, from 7:30 a.m. to 9 a.m. and Records Manager, Washington, DC rulemaking. 4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays, the 20435’’ to read, ‘‘Selective Service FOR FURTHER INFORMATION CONTACT: Mr. System, ATTN: Records Manager, Public draws need not open for the passage of Barry Dragon, Project Officer, Seventh vessels. Public vessels of the United & Intergovernmental Affairs, Arlington, Coast Guard District, Bridge Branch, at VA 22209–2425.’’ States and vessels in an emergency (305) 415–6743. involving danger to life or property are § 1665.6 [Amended] SUPPLEMENTARY INFORMATION: allowed to pass at any time. This temporary rule will not ■ Regulatory History 3. In Sec. 1665.6 (c)(3), revise adversely affect the reasonable needs of ‘‘Washington, DC 20453’’ to read, On October 10, 2003, we published a navigation due to the limited time, six ‘‘Arlington, VA 22209–2425.’’ notice of proposed rulemaking (NPRM) hours, the bridges will be in the closed § 1665.7 [Amended] entitled Drawbridge Operation position. Regulation; Biscayne Bay, Atlantic ■ 4. In Sec. 1665.7 (c), revise Intracoastal Waterway, Miami River, Discussion of Rule ‘‘Washington, DC 20435’’ to read, Miami-Dade County, Florida, in the The Coast Guard is temporarily ‘‘Arlington, VA 22209–2425.’’ Federal Register (68 FR 197). We changing the operating regulations of

VerDate jul<14>2003 14:02 Jan 08, 2004 Jkt 203001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\09JAR1.SGM 09JAR1 1526 Federal Register / Vol. 69, No. 6 / Friday, January 9, 2004 / Rules and Regulations

the east and west spans of the Venetian these bridges during the Sunday that may result in the expenditure by a Causeway bridges, and the Brickell morning hours of February 1, 2004. State, local, or tribal government, in the Avenue and Miami Avenue bridges, on These vessels will not be able to pass aggregate, or by the private sector of February 1, 2004. This temporary rule through these bridges during the $100,000,000 or more in any one year. will allow the east span of the Venetian effective times of this rule. However, no Though this rule would not result in Causeway bridge to remain closed from public comments were received on this, such an expenditure, we do discuss the 6:05 a.m. to 8:40 a.m. on February 1, or any other subject, with regard to the effects of this rule elsewhere in the 2004. The temporary rule will allow the rule. Due to the limited effective times preamble. west span of the Venetian Causeway to of the rule and the nominal amount of remain closed from 6:15 a.m. to 9:20 marine traffic affected, this rule will not Taking of Private Property a.m. on February 1, 2004. The Brickell have a significant economic impact on This rule will not effect a taking of Avenue bridge will remain closed from a substantial number of small entities. 7:10 a.m. to 11:59 a.m. on February 1, private property or otherwise have 2004. The Miami Avenue bridge will Assistance for Small Entities taking implications under Executive remain closed from 6:25 a.m. to 10 a.m. Under section 213(a) of the Small Order 12630, Governmental Actions and on February 1, 2004. Public vessels of Business Regulatory Enforcement Interference with Constitutionally the United States and vessels in distress Fairness Act of 1996 (Pub. L. 104–121), Protected Property Rights. shall be passed at anytime. we offered to assist small entities in Civil Justice Reform understanding the want to assist small Regulatory Evaluation entities in understanding the rule so This rule meets applicable standards This rule is not a ‘‘significant that they can better evaluate its effects in sections 3(a) and 3(b)(2) of Executive regulatory action’’ under section 3(f) of on them and participate in the Order 12988, Civil Justice Reform, to Executive Order 12866, Regulatory rulemaking process. If this temporary minimize litigation, eliminate Planning and Review, and does not rule would affect your small business, ambiguity, and reduce burden. require an assessment of potential costs organization, or governmental and benefits under section 6(a)(3) of that jurisdiction and you have questions Protection of Children Order. The Office of Management and concerning its provisions or options for Budget has not reviewed it under that We have analyzed this rule under compliance, please contact the person Executive Order 13045, Protection of Order. It is not ‘‘significant’’ under the FOR FURTHER INFORMATION listed in Children from Environmental Health regulatory policies and procedures of CONTACT. Risks and Safety Risks. This rule is not the Department of Homeland Security Small businesses may send comments (DHS). The temporary rule will only on the actions of Federal employees an economically significant rule and affect a small percentage of vessel traffic who enforce, or otherwise determine would not create an environmental risk through these bridges during these compliance with, Federal regulations to to health or risk to safety that might times. The east and west spans of the the Small Business and Agriculture disproportionately affect children. Venetian Causeway bridges and the Regulatory Enforcement Ombudsman Indian Tribal Governments Miami Avenue bridge will be closed on and the Regional Small Business a Sunday for about three hours from Regulatory Fairness Boards. The This rule does not have tribal approximately 6 a.m. in the morning, Ombudsman evaluates these actions implications under Executive Order when vessel traffic is minimal. The annually and rates each agency’s 13175, Consultation and Coordination Brickell Avenue Bridge will be closed responsiveness to small business. If you with Indian Tribal Governments, for slightly longer, for five hours, but the wish to comment on actions by because it does not have a substantial day, time and location of the bridge employees of the Coast Guard, call 1– direct effect on one or more Indian indicate that vessel traffic will be 888–REG–FAIR (1–888–734–3247). tribes, on the relationship between the minimal as well when this rule is in Federal Government and Indian tribes, Collection of Information effect. Overall, the temporary rule, will or on the distribution of power and affect only a small percentage of vessel This rule calls for no new collection responsibilities between the Federal traffic through these bridges during of information under the Paperwork Government and Indian tribes. these time frames. Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects Small Entities 3520). Under the Regulatory Flexibility Act Federalism We have analyzed this rule under (5 U.S.C. 601–612), we have considered A rule has implications for federalism Executive Order 13211, Actions whether this rule would have a under Executive Order 13132, Concerning Regulations That significant economic impact on a Federalism, if it has a substantial direct Significantly Affect Energy Supply, substantial number of small entities. effect on State or local governments and Distribution, or Use. We have The term ‘‘small entities’’ comprises would either preempt State law or determined that it is not a ‘‘significant small businesses, not-for-profit impose a substantial direct cost of energy action’’ under that Order, organizations that are independently compliance on them. We have analyzed because it is not a ‘‘significant owned and operated and are not this rule under that Order and have regulatory action’’ under Executive dominant in their fields, and determined that it does not have Order 12866 and is not likely to have a governmental jurisdictions with implications for federalism. significant adverse effect on the supply, populations of less than 50,000. distribution, or use of energy. It has not The Coast Guard certifies under 5 Unfunded Mandates Reform Act been designated by the Administrator of U.S.C. 605(b) that this rule will not have The Unfunded Mandates Reform Act the Office of Information and Regulatory a significant economic impact on a of 1995 (2 U.S.C. 1531–1538) requires Affairs as a significant energy action. substantial number of small entities. Federal agencies to assess the effects of Therefore, it does not require a The small entities affected will be their discretionary regulatory actions. In statement of Energy Effects under marine traffic requiring passage through particular, the Act addresses actions Executive Order 13211.

VerDate jul<14>2003 14:02 Jan 08, 2004 Jkt 203001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 69, No. 6 / Friday, January 9, 2004 / Rules and Regulations 1527

Environment temporarily designate the existing portion of the Detroit River in the We have analyzed this rule under regulatory text as paragraph (a), suspend vicinity of the Renaissance Center and Commandant Instruction M16475.1D, newly designated paragraph (a), and add Cobo Hall. which guides the Coast Guard in new paragraphs (b) and (c) to read as DATES: This rule is effective from 12 complying with the National follows: a.m. (noon) January 9, 2004, until 8 p.m. Environmental Policy Act of 1969 § 117. 305 Miami River. January 19, 2004. (NEPA)(42 U.S.C. 4321–4370f), and ADDRESSES: Comments and material * * * * * have concluded that there are no factors received from the public, as well as (b) The draw of each bridge from the in this case that would limit the use of documents indicated in this preamble as mouth to and including the NW. 27th a categorical exclusion under section being available in the docket, are part of Avenue bridge, mile 3.7 at Miami, 2.B.2 of the Instruction. Therefore, this docket CGD09–03–289 and are available except the Miami Avenue and Brickell rule is categorically excluded, under for inspection or copying at Coast Guard Avenue bridges, shall open on signal: figure 2–1, paragraph (32)(e) of the Marine Safety Office Detroit, 110 Mt. except that, from 7:30 a.m. to 9 a.m. and Instruction, from further environmental Elliott Ave, Detroit, Michigan, between from 4:30 p.m. to 6 p.m. Monday documentation. Under figure 2–1, 8 a.m. and 4 p.m., Monday through through Friday, except Federal holidays, paragraph (32)(e), of the Instruction, an Friday, except Federal Holidays. the draws need not be opened for the ‘‘Environmental Analysis Check List’’ passage of vessels. Public vessels of the FOR FURTHER INFORMATION CONTACT: and a ‘‘Categorical Exclusion United States and vessels in an LTJG Brandon Sullivan, U.S. Coast Determination’’ are not required for this emergency involving danger to life or Guard Marine Safety Office Detroit, at rule. property shall be passed at any time. (313) 568–9580. List of Subjects in 33 CFR Part 117 (c) The Miami Avenue bridge, across SUPPLEMENTARY INFORMATION: Bridges. the Miami River, need not open from Regulatory Information 6:25 a.m. to 10 a.m. on February 1, 2004, ■ For the reasons discussed in the and the Brickell Avenue bridge, across We did not publish a notice of preamble, the Coast Guard amends 33 the Miami River, need not open from proposed rulemaking (NPRM) for this CFR part 117 as follows: 7:10 a.m. to 11:59 a.m. on February 1, regulation. Under 5 U.S.C. 553(b)(B) and under 5 U.S.C. 553(d)(3), the Coast PART 117—DRAWBRIDGE 2004. Public vessels of the United States Guard finds that good cause exists for OPERATION REGULATIONS and vessels in an emergency involving danger to life or property shall be not publishing an NPRM and for making ■ 1. The authority citation for Part 117 passed at any time. this rule effective less than 30 days after continues to read as follows: publication in the Federal Register. The Dated: December 18, 2003. Coast Guard was unaware of the need Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Fred M. Rosa, Jr., Department of Homeland Security Delegation for this security zone in time to publish No. 0170.1; section 117.255 also issued under Captain, U.S. Coast Guard, Acting an NPRM followed by a temporary final authority of Pub. L. 102–587, 106 Stat. 5039. Commander, Seventh Coast Guard District. rule before the effective date. Delaying ■ 2. From 6:15 a.m. until 9:20 a.m. on [FR Doc. 04–388 Filed 1–8–04; 8:45 am] this rule would be contrary to the public February 1, 2004, in § 117.261, BILLING CODE 4910–15–P interest of ensuring the safety of paragraph (nn) is suspended and a new individuals at the North American paragraph (vv) is added to read as International Auto Show. DEPARTMENT OF HOMELAND follows: SECURITY Background and Purpose § 117.261 Atlantic Intracoastal Waterway This security zone is necessary to from St. Marys River to Key Largo Coast Guard protect the participants at the North * * * * * American International Auto Show, as (vv) West Span of the Venetian 33 CFR Part 165 well as the public, facilities, and the Causeway, mile 1088.6 at Miami. The [CGD09–03–289] surrounding area from possible sabotage draw need not open from 6:15 a.m. until or other subversive acts. All persons RIN 2115–AA00 9:20 a.m. on February 1, 2004. Public other than those approved by the vessels of the United States and vessels Security Zone; Renaissance Center, Captain of the Port Detroit, or his in distress shall be passed at anytime. Cobo Hall, North American authorized representative, are ■ 3. From 6:05 a.m. until 8:40 a.m. on International Auto Show, Detroit River, prohibited from entering or moving February 1, 2004, in § 117.269, Detroit, MI within this security zone. The Captain temporarily designate the existing of the Port Detroit may be contacted via regulatory text as paragraph (a), suspend AGENCY: Coast Guard, DHS. VHF Channel 16 for further instructions newly designated paragraph (a), and add ACTION: Temporary final rule. before transiting through the restricted a new paragraph (b) to read as follows: area. The Captain of the Port Detroit’s SUMMARY: The Coast Guard is on-scene representative will be the § 117.269 Biscayne Bay establishing a temporary security zone Patrol Commander. In addition to this * * * * * on the navigable waters of the Detroit publication of the rule in the Federal (b) The draw of the east span of the River in the Captain of the Port Detroit Register, the public will be made aware Venetian Causeway bridge across Miami Zone. This temporary security zone is of the existence of this security zone, Beach Channel need not open from 6:05 necessary to protect the participants exact location and the restrictions a.m. to 8:40 a.m. on February 1, 2004. during the North American involved, via Broadcast Notice to Public vessels of the United States and International Auto Show, as well as the Mariners. vessels in distress shall be passed at public, facilities, and the surrounding anytime. area from possible sabotage or other Discussion of Temporary Final Rule ■ 4. From 6:25 a.m. until 11:59 a.m. on subversive acts. This security zone is This regulation establishes a February 1, 2004, in § 117.305, intended to restrict vessel traffic from a temporary security zone commencing

VerDate jul<14>2003 17:43 Jan 08, 2004 Jkt 203001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\09JAR1.SGM 09JAR1