Unknown. Temporary final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2003-12-22.xml --- 68 245 Monday, December 22, 2003 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council AID Agency for International Development PROPOSED RULES Semi-annual agenda, 73517-73521 03-25125 Agricultural Agricultural Marketing Service PROPOSED RULES Country of origin labeling: Beef, lamb, pork, fish, perishable agricultural commodities, and peanuts; mandatory labeling, 71039-71040 03-31492 Agriculture Agriculture Department See Agricultural Marketing Service PROPOSED RULES Semi-annual agenda, 72619-72708 03-27997 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 71132 03-31413 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Semi-annual agenda, 73523-73525 03-24033 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Environmental statements; notice of intent:

Transmission business line comprehensive policy, 71101-71102 03-31452 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 71109-71110 03-31434 Meetings: Advisory Committee to Director, 71110 03-31433 Civil Civil Rights Commission PROPOSED RULES Semi-annual agenda, 73527-73528 03-27746 Coast Guard Coast Guard RULES Anchorage regulations: Delaware Bay and River, PA and NJ, 70995-70996 03-31391 NOTICES Reports and guidance documents; availability, etc.:

Maritime Security Directives, 71116-71118 03-31390 Vessel documentation and measurement: Vessel tonnage regulations interpretations, 71118-71119 03-31389 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office PROPOSED RULES Semi-annual agenda, 72709-72796 03-27068 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

India, 71096 E3-00608 Textile and apparel categories: Illegal transshipment; entry denial— El Salvador; Daewoo El Salvador, S.A. de C.V., 71096-71097 E3-00598 Commodity Commodity Futures Trading Commission PROPOSED RULES Semi-annual agenda, 73853-73859 03-24024 Consumer Consumer Product Safety Commission PROPOSED RULES Semi-annual agenda, 73861-73871 03-24028 Copyright Copyright Office, Library of Congress NOTICES Copyright Office seal, 71171 03-31475 Corporation Corporation for National and Community Service PROPOSED RULES Semi-annual agenda, 73529-73532 03-24035 Court Court Services and Offender Supervision Agency for the District of Columbia PROPOSED RULES Semi-annual agenda, 73535-73537 03-25121 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 71119-71120 03-31449 Defense Defense Department PROPOSED RULES Semi-annual agenda, 03-25124 72797-72832, 73839-73851 03-27062 Education Education Department PROPOSED RULES Semi-annual agenda, 72833-72839 03-24020 NOTICES Grants and cooperative agreements; availability, etc.:

Small Business Innovation Research Program, 71097-71099 03-31446 Special education and rehabilitative services: Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 71099-71100 03-31395 Employment Employment and Training Administration NOTICES Adjustment assistance: Aaden Aaberg Setnet Operation, 71133 03-31466 Alcatel, 71133 03-31455 Avery Dennison, 71133 03-31459 Derby Industries, LLC et al., 71133-71134 03-31454 Fishing Vessels— DARLIN MICHELE, 71134 03-31456 G&R Transport, 71134 03-31462 Halliburton Energy Services, 71134-71135 03-31464 Learjet, Inc., 71135 03-31465 Millennium A.R.

Haire, 71135 03-31457 P&R Trucking Services, Inc., 71135 03-31460 Perry Judd's, 71135 03-31458 Twitchell Corp., 71135 03-31463 Washout Co., 71135 03-31461 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission PROPOSED RULES Semi-annual agenda, 72841-72859 03-28902 NOTICES Natural Gas Policy Act: Total Gas & Power North America, Inc. et al., 71100-71101 03-31453 EPA Environmental Protection Agency RULES Air quality implementation plans:

Preparation, adoption, and submittal— Regional haze rule; Western States and eligible Indian Tribes; mobile source provisions, 71009-71014 03-31471 Water pollution; effluent guidelines for point source categories: Centralized waste treatment industry, 71014-71026 03-31346 PROPOSED RULES Semi-annual agenda, 73539-73692 03-28903 NOTICES Meetings: National Pollution Prevention and Toxics Advisory Committee, 71105 03-31571 Superfund; response and remedial actions, proposed settlements, etc.:

Lagoon Drive Chemical Removal Site, CA, 71105-71106 03-31472 Equal Equal Employment Opportunity Commission PROPOSED RULES Semi-annual agenda, 73693-73695 03-24027 Farm Farm Credit Administration PROPOSED RULES Semi-annual agenda, 73873-73880 03-24040 Farm Farm Credit System Insurance Corporation PROPOSED RULES Semi-annual agenda, 73881-73882 03-24039 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 71045-71047 03-31442 Boeing, 71047-71053 03-31443 03-31444 03-31445 McDonnell Douglas, 71040-71045 03-31440 Class E airspace, 71053-71054 03-31417 NOTICES Aeronautical land-use assurance; waivers:

Gerald R. Ford International Airport, MI, 71219-71220 03-31418 Exemption petitions; summary and disposition, 71220 03-31416 FCC Federal Communications Commission PROPOSED RULES Semi-annual agenda, 73883-73935 03-27999 NOTICES Meetings: 2007 World Radiocommunication Conference Advisory Committee; first meeting, 71106 03-31388 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Semi-annual agenda, 73937-73943 03-24032 NOTICES Privacy Act: Systems of records, 71106-71108 03-31402 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 71120 03-31394 Meetings:

National Fire Academy Board of Visitors, 71120-71121 03-31393 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Semi-annual agenda, 73945-73951 03-24036 NOTICES Electric rate and corporate regulation filings: Conemaugh Power LLC, et al., 71102-71105 E3-00599 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 73751-73753 03-24044 Federal Housing Federal Housing Finance Board PROPOSED RULES Semi-annual agenda, 73953-73956 03-27063 FMC Federal Maritime Commission PROPOSED RULES Semi-annual agenda, 73957-73962 03-24026 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Semi-annual agenda, 73697-73699 03-25122 Federal Reserve Federal Reserve System PROPOSED RULES Semi-annual agenda, 73963-73972 03-24041 NOTICES Agency information collection activities; proposals, submissions, and approvals, 71108-71109 E3-00603 Banks and bank holding companies:

Formations, acquisitions, and mergers, 71109 E3-00607 FTC Federal Trade Commission PROPOSED RULES Semi-annual agenda, 73973-73982 03-24018 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Alamosa and Monte Vista National Wildlife Refuge Complex, CO, 71126-71128 03-31436 Endangered and threatened species: Recovery plans— Alala (Hawaiian crow), 71128-71129 03-31467 Environmental statements; availability, etc.: Incidental take permits— Palm Beach County, FL;

Florida scrub-jay, 71129-71131 03-31437 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Minnesota Wirsbo Co. Plant; polyethylene tubing, 71060 03-31476 GSA General Services Administration RULES Federal travel: eTravel service, 71026-71032 03-31225 PROPOSED RULES Semi-annual agenda, 73701-73713, 73839-73851 03-25128 03-27062 Government Government Ethics Office PROPOSED RULES Semi-annual agenda, 73755-73763 03-27069 Health Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Semi-annual agenda, 72861-72920 03-27071 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 71110-71114 03-31428 03-31429 03-31430 03-31431 Meetings:

National Health Service Corps Advisory Council, 71114 03-31427 Historic Historic Preservation, Advisory Council PROPOSED RULES Semi-annual agenda, 73515-73516 03-27066 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency PROPOSED RULES Semi-annual agenda, 72921-73041 03-27743 NOTICES Committees; establishment, renewal, termination, etc.: Homeland Security Science and Technology Advisory Committee, 71115-71116 03-31447 03-31448 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 73045-73075 03-27070 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-31400 71121-71122 03-31401 America's Affordable Communities Intitiative:

Funding allocations; removal of regulatory barriers; incentive criteria proposals, 71122 03-31399 Indian Indian Affairs Bureau NOTICES Land acquisitions into trust: Skokomish Tribe of Washington, 71131 03-31473 Tribal-State Compacts approval; Class III (casino) gambling: Santa Ysabel Band of Diegueno Mission Indians and La Posta Band of Mission Indians, CA, 71131-71132 03-31474 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: ABO

(USA)Inc., 71060-71061 03-31411 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 73077-73150 03-27998 NOTICES Grants and cooperative agreements; availability, etc.: Tribal Self-Governance Program Programs eligible for inclusion in 2004 FY annual funding agreements; non-BIA bureaus, 71122-71126 03-31162 Meetings: Blackstone River Valley National Heritage Corridor Commission, 71126 03-31435 IRS Internal Revenue Service PROPOSED RULES Income taxes: Charitable remainder trusts; ordering rule application Correction, 71235 C3-29042 International International Trade Administration NOTICES Antidumping: Canned pineapple fruit from— Thailand, 71061-71062 E3-00606 Non-frozen apple juice concentrate from— China, 71062-71067 03-31481 03-31482 Steel concrete reinforcing bars from— Korea, 71067 03-31477 Latvia, 71067-71068 E3-00605 Wax and wax/resin thermal transfer ribbons from— France, 71068-71072 03-31478 Wax and wax/resin thermal transfer ribbons from— Japan, 71072-71078 03-31479 Korea, 71078-71082 03-31480 International International Trade Commission NOTICES Meetings; Sunshine Act, 71132 03-31509 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau PROPOSED RULES Semi-annual agenda, 73151-73194 03-27064 Labor Labor Department See Employment and Training Administration See Veterans Employment and Training Service PROPOSED RULES Semi-annual agenda, 73195-73228 03-27748 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office PROPOSED RULES Semi-annual agenda, 73765-73768 03-27745 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation PROPOSED RULES Semi-annual agenda, 73715-73716 03-24031 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition regulations: Administrative procedures and guidance, 71055-71057 03-31407 03-31408 Semi-annual agenda, 73717-73727, 73839-73851 03-24019 03-27062 National Archives National Archives and Records Administration PROPOSED RULES Semi-annual agenda, 73729-73735 03-24022 National Credit National Credit Union Administration PROPOSED RULES Semi-annual agenda, 73983-73991 03-25127 National Foundation National Foundation on the Arts and the Humanities PROPOSED RULES Semi-annual agenda: Institute of Museum and Library Services, 73737-73739 03-24029 National Endowment for the Arts, 73741-73743 03-25126 National Foundation for the Humanities, 73745-73747 03-24037 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards; exemption petitions, etc.: Side impact protection— travel distance of loading device in quasi-static door crush test; petition denied, 71057-71058 03-31490 NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 71220-71222 03-31419 03-31420 Motor vehicle safety standards; exemption petitions, etc.: Michelin North America, Inc., 71222-71223 03-31392 National Indian National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 73993-73997 03-24030 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 71114-71115 03-31403 Patent licenses; non-exclusive, exclusive, or partially exclusive: Actis Biologics, Inc., 71115 03-31404 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— North Pacific halibut and sablefish program, 71036-71038 03-31486 Northeastern United States fisheries— Atlantic surfclams, ocean quahogs, and Maine mahogany ocean quahogs, 71033-71036 03-31487 Northeast multispecies, 71032-71033 03-31484 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico Fishery Management Council; meetings, 71058-71059 03-31488 NOTICES Fishery conservation and management: Magnuson-Stevens Act provisions— Bearing Sea/Aleutian Islands king and tanner crabs; fishing capacity reduction program, 71082-71093 03-31485 Meetings: Gulf of Mexico Fishery Management Council, 71093-71096 E3-00600 E3-00601 E3-00602 National Science National Science Foundation PROPOSED RULES Semi-annual agenda, 73749-73750 03-29838 Nuclear Nuclear Regulatory Commission PROPOSED RULES Semi-annual agenda, 73999-74014 03-25123 NOTICES Environmental statements; availability, etc.: Calvert Cliffs Nuclear Power Plant, Inc., 71172-71173 03-31424 Exelon Generation Co., LLC, et al., 71173-71174 03-31425 Environmental statements; notice of intent: Entergy Operations, Inc., 71174-71175 03-31568 Meetings: Reactor Safeguards Advisory Committee, 71176 03-31421 03-31422 *Applications, hearings, determinations, etc.:* Homestake Mining Co., 71171-71172 03-31426 U.S. Army, Jefferson Proving Ground, IN, 71172 03-31423 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Patent Patent and Trademark Office RULES Patent cases: Inter partes reexamination and technical amendments, 70996-71009 03-31398 Peace Peace Corps PROPOSED RULES Organization, functions, and authority delegations, 71054-71055 03-31396 Semi-annual agenda, 73793-73796 03-24034 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Semi-annual agenda, 73797-73799 03-25119 Personnel Personnel Management Office PROPOSED RULES Semi-annual agenda, 73769-73791 03-27744 03-27745 NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Consolidated list, 71176-71207 03-31406 Presidio Presidio Trust PROPOSED RULES Semi-annual agenda, 73801-73802 03-25120 Railroad Railroad Retirement Board PROPOSED RULES Semi-annual agenda, 73803-73806 03-24038 Regulatory Regulatory Information Service Center PROPOSED RULES Introduction to Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, 72399-72406 03-30745 SEC Securities and Exchange Commission PROPOSED RULES Semi-annual agenda, 74015-74038 03-28000 NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 71207-71209 03-31451 Selective Selective Service System PROPOSED RULES Semi-annual agenda, 73807-73808 03-24021 SBA Small Business Administration PROPOSED RULES Semi-annual agenda, 73809-73818 03-24025 NOTICES Disaster loan areas: Virgin Islands, 71209 03-31387 Small business size standards: Nonmanufacturer rule; waivers— Ammunition (except small arms); termination, 71209-71210 03-31410 Small arms; termination, 71209 03-31409 Social Social Security Administration PROPOSED RULES Semi-annual agenda, 73819-73836 03-24043 NOTICES Privacy Act: Systems of records, 71210-71217 03-31432 State State Department PROPOSED RULES Semi-annual agenda, 73229-73234 03-27067 Surface Surface Transportation Board PROPOSED RULES Semi-annual agenda, 74039-74042 03-24023 NOTICES Railroad services abandonment: Pine Belt Southern Railroad Co., 71223-71224 03-31082 TVA Tennessee Valley Authority PROPOSED RULES Semi-annual agenda, 73837-73838 03-24042 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Semi-annual agenda, 73235-73360 03-29839 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 71217-71218 03-31414 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 71218-71219 03-31415 Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Semi-annual agenda, 73361-73490 03-27747 NOTICES Reports and guidance documents; availability, etc.: National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 71224-71234 03-31397 Veterans Veterans Affairs Department PROPOSED RULES Semi-annual agenda, 73491-73513 03-27065 Veterans Veterans Employment and Training Service NOTICES Grants and cooperative agreements; availability, etc.: Incarcerated Veterans Transition Program, 71136-71171 03-31201 Separate Parts in This Issue Parts II-LXIII The Unified Agenda of Federal Regulatory and Deregulatory Actions, 72397-74159 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 245 Monday, December 22, 2003 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 110 [CGD05-03-195] RIN 1625-AA01 Anchorage Grounds; Delaware Bay and River AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is temporarily changing the regulations that govern Anchorage 5, southeast of Pea Patch Island, due to U.S. Army Corp of Engineers dredging operations in the anchorage. This regulation will help ensure the safety of vessels anchoring in Anchorage 5 while dredging operations are ongoing. Mariners must receive approval from the Captain of the Port Philadelphia before using the anchorage and DATES: This rule is effective from December 9, 2003, until December 31, 2003. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05-03-195 and are available for inspection or copying at Coast Guard Fifth District, 431 Crawford Street, Portsmouth, Virginia, 23704, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Roger Smith, Coast Guard Fifth District Marine Safety Division, at

(757)398-6389. 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) and (d)(3), the Coast Guard finds that good cause exists for not publishing a NPRM and for making this regulation effective less than 30 days after publication in the **Federal Register** . On November 28, 2003, a contractor for the Army Corps of Engineers began conducting dredging operations, which are potentially hazardous to mariners in New Castle Range Ship Channel and in Anchorage 5 southeast of Pea Patch Island. Publishing an NPRM, allowing for a comment period, and/or waiting 30 days after publication before making this regulation effective is impracticable and contrary to public interest. Immediate action is needed to protect mariners against the potential hazards associated with the dredging operation. Advance notification will be made to affected mariners via marine information broadcasts. Background and Purpose The U.S. Army Corps of Engineers (USACE) conducts dredging operations on the Delaware River in the vicinity of New Castle Range Ship Channel to maintain the 46-foot project depth. To reduce the hazards associated with dredging the channel, mariners must receive approval from the Captain of the Port Philadelphia before using Anchorage 5 while the operations are ongoing. Discussion of Temporary Final Rule Currently in paragraph (b)(2) of 33 CFR 110.157, vessels are allowed to anchor for up to 48 hours in the anchorage grounds listed in § 110.157(a), which includes Anchorage 5. However, because of underwater dredge piping in Anchorage 5 southeast of Pea Patch Island, the Coast Guard is temporarily adding paragraph (b)(12) in 33 CFR 110.157 to protect mariners from encountering hazards within Anchorage 5. All vessels desiring to use Anchorage 5 must obtain permission from the Captain of the Port 24 hours prior to anchoring. The Coast Guard expects that vessels normally permitted to anchor in Anchorage 5 will make arrangements to anchor elsewhere during the dredge operations, as there are 15 other anchorages in the local area. Regulatory Evaluation This temporary rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866 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 that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security

(DHS)because we expect the economic impact of this rule to be so minimal. There are fifteen other anchorages in the local area for use by mariners. Also, New Castle Range is not near any critical infrastructure or marine terminals and Anchorage 5 is rarely used by the public or by the river pilots. 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 dominant in their fields, and governmental jurisdictions with populations of less than 50,000. Therefore, the Coast Guard certifies under section 605(b) of the regulatory Flexibility Act (5 U.S.C 605(b)) that this rule will not have a significant impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: the pilots association, the supply boat providers, and the tugboat operators. However, there are fifteen other anchorages in the local area for use by these small businesses. This temporary regulation will not have a significant impact on a substantial number of entities for the following reasons: Anchorage 5 is rarely used, as other anchorages are more convenient to these businesses. In addition, the New Castle Range is not near any critical infrastructure or marine terminals. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. 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 (1-888-743-3247). 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 this rule 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 may result in the expenditure by a State, local or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such 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 concern 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 a significant adverse effect on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Environment We have considered the environmental impact of temporarily restricting the usage of Anchorage 5 and concluded under figure 2-1, paragraph (34)(f), of Commandant Instruction M16475.lD, that this rule is categorically excluded from further environmental documentation. List of Subjects in 33 CFR Part 110 Anchorage grounds. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 110 as follows: PART 110—ANCHORAGE REGULATIONS 1. The authority citation for part 110 continues to read as follows: Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and 2071; 33 CFR 1.05-1(g). Department of Homeland Security Delegation No. 0170.1. 2. From December 9, 2003, until December 31, 2003, add temporary § 110.157(b)(12) to read: § 110.157 Delaware Bay and River.

(b)* * *

(12)All vessels desiring to use Anchorage 5 southeast of Pea Patch Island must obtain permission from the Captain of the Port 24 hours prior to anchoring. The Captain of the Port means the Commanding Officer of the Coast Guard Marine Safety Office/Group Philadelphia or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. The Captain of the Port may be contacted by telephone at

(215)271-4807 or via channels 13 and 16 on VHF marine band radio. Dated: December 9, 2003. Sally Brice-O'Hara, Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 03-31391 Filed 12-19-03; 8:45 am]

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