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48276 Federal Register / Vol. 70, No.

158 / Wednesday, August 17, 2005 / Rules and Regulations

Federal agencies to assess the effects of Technical Standards a temporary § 165.T13–014 is added to
their discretionary regulatory actions. In The National Technology Transfer read as follows:
particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 165.T13–014 Security Zone Regulations,
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Port Townsend Waterway, Puget Sound,
State, local, or tribal government, in the voluntary consensus standards in their Washington.
aggregate, or by the private sector of regulatory activities unless the agency (a) Port Townsend Waterway Security
$100,000,000 or more in any one year. provides Congress, through the Office of Zone: A security zone controlling all
Though this rule will not result in such Management and Budget, with an vessel movement exists in the Port
an expenditure, we do discuss the explanation of why using these Townsend Blair waterway, Puget
effects of this rule elsewhere in this standards would be inconsistent with Sound, WA which includes all waters
preamble. applicable law or otherwise impractical. enclosed by the following points:
Taking of Private Property Voluntary consensus standards are 48°40′40″ N, 122°44′31″ W; then
technical standards (e.g., specifications northwesterly to 48°04′59.5″ N,
This rule will not effect a taking of of materials, performance, design, or 122°44′52″ W; then northwesterly to
private property or otherwise have operation; test methods; sampling 48°05′35″ N, 122°45′17″ W; then
taking implications under Executive procedures; and related management southwesterly to 48°05′20″ N,
Order 12630, Governmental Actions and systems practices) that are developed or 122°45′50″ W; then southeasterly to
Interference with Constitutionally adopted by voluntary consensus 48°02′39″ N, 122°44′46″ W; then easterly
Protected Property Rights. standards bodies. to 48°02′42″ N, 122°44′17″ W; then
This rule does not use technical northerly along the shoreline of the
Civil Justice Reform
standards. Therefore, we did not Indian Island to the point of origin.
This rule meets applicable standards consider the use of voluntary consensus [Datum: NAD 1983].
in sections 3(a) and 3(b)(2) of Executive standards. (b) Regulations. The general
Order 12988, Civil Justice Reform, to Environment regulations in 33 CFR part 165, subpart
minimize litigation, eliminate D, apply to the security zone described
ambiguity, and reduce burden. We have analyzed this rule under in paragraph (a) of this section. No
Commandant Instruction M16475.lD, person or vessel may enter this security
Protection of Children which guides the Coast Guard in zone unless authorized by the Captain
We have analyzed this rule under complying with the National of the Port or his designated
Executive Order 13045, Protection of Environmental Policy Act of 1969 representatives. Vessels and persons
Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and granted authorization to enter the
Risks and Safety Risks. This rule is not have concluded that there are no factors security zone must obey all lawful
an economically significant rule and in this case that would limit the use of orders or directions of the Captain of the
does not create an environmental risk to a categorical exclusion under section Port or his designated representatives.
health or risk to safety that may 2.B.2 of the Instruction. Therefore, this The Captain of the Port may be assisted
disproportionately affect children. rule is categorically excluded, under by other federal, state, or local agencies
figure 2–1, paragraph (34)(g), of the in enforcing this section pursuant to 33
Indian Tribal Governments Instruction, from further environmental CFR 6.04–11.
This rule does not have tribal documentation. The environmental
analysis and Categorical Exclusion Dated: August 4, 2005.
implications under Executive Order Stephen P. Metruck,
13175, Consultation and Coordination Determination will be prepared and be
available in the docket for inspection Captain, U.S. Coast Guard, Captain of the
with Indian Tribal Governments, Port, Puget Sound.
because it does not have a substantial and copying where indicated under
ADDRESSES. All standard environmental [FR Doc. 05–16286 Filed 8–16–05; 8:45 am]
direct effect on one or more Indian
tribes, on the relationship between the measures remain in effect. BILLING CODE 4910–15–P

Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165
or on the distribution of power and Harbors, Marine safety, Navigation
responsibilities between the Federal POSTAL RATE COMMISSION
(water), Reporting and recordkeeping
Government and Indian tribes. requirements, Security measures, 38 CFR 3001, 3002 AND 3003
Energy Effects Waterways.
[Docket No. RM2005–4; Order No. 1442]
We have analyzed this rule under Temporary Final Rule
Executive Order 13211, Actions Nomenclature Changes
■ For the reasons set out in the preamble,
Concerning Regulations That the Coast Guard amends Part 165 of Title AGENCY: Postal Rate Commission.
Significantly Affect Energy Supply, 33, Code of Federal Regulations, as ACTION: Final rule.
Distribution, or Use. We have follows:
determined that it is not a ‘‘significant SUMMARY: The Commission is adopting
energy action’’ under that order because PART 165—[AMENDED] minor nomenclature changes in
it is not a ‘‘significant regulatory action’’ provisions appearing in the Code of
under Executive Order 12866 and is not ■ 1. The authority citation for Part 165 Federal Regulations, including the rules
likely to have a significant adverse effect continues to read as follows: of practice. The changes reflect the
on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. agency’s relocation of its physical
energy. The Administrator of the Office Chapter 701; 50 U.S.C. 191, 195; 33 CFR offices. Adoption of these changes will
of Information and Regulatory Affairs 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. provide the public with accurate
has not designated it as a significant 107–295, 116 Stat. 2064; Department of information about the Commission’s
Homeland Security Delegation No. 0170.1. new address.
energy action. Therefore, it does not
require a Statement of Energy Effects ■ 2. From 6 a.m. PDT on August 9, 2005, DATES: These changes are effective
under Executive Order 13211. to 11:59 p.m. PDT on August 20, 2005, August 29, 2005.

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Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005 / Rules and Regulations 48277

ADDRESSES: Submit comments PART 3001—RULES OF PRACTICE This final rule is effective on
DATES:
electronically via the Commission’s AND PROCEDURE September 16, 2005.
Filing Online system, which can be ADDRESSES: EPA has established a
accessed at http://www.prc.gov. ■ 1. The authority citation for part 3001
docket for this action under Regional
continues to read as follows:
FOR FURTHER INFORMATION CONTACT: Material in EDocket (RME) ID Number
Authority: 39 U.S.C. 404(b); 3603; 3622– R03–OAR–2005–VA–0004. All
Stephen L. Sharfman, General Counsel, 24; 3661; 3662; 3663.
202–789–6818. documents in the docket are listed in
■ 2. Amend part 3001 by replacing the the RME index at http://
SUPPLEMENTARY INFORMATION: This order words ‘‘1333 H Street NW., Suite 3000,’’ www.docket.epa.gov/rmepub/. Once in
provides notice of the Commission’s wherever they appear with the words the system, select ‘‘quick search,’’ then
adoption of minor nomenclature ‘‘901 New York Avenue NW., Suite 200.’’ key in the appropriate RME
changes in various provisions codified identification number. Although listed
at 39 CFR parts 3001 through 3003. PART 3002—RULES OF PRACTICE in the electronic docket, some
These changes are required because the AND PROCEDURE information is not publicly available,
Commission is relocating from 1333 H i.e., confidential business information
■ 1. The authority citation for part 3002
Street, NW., Suite 300, Washington, DC (CBI) or other information whose
20268–0001 to 901 New York Avenue, continues to read as follows:
disclosure is restricted by statute.
NW., Suite 200, Washington, DC 20268– Authority: 39 U.S.C. 3603; 5 U.S.C. 552. Certain other material, such as
0001. The effective date of the changes ■ 2. Amend part 3002 by replacing the copyrighted material, is not placed on
is August 29, 2005. The revisions do not words ‘‘1333 H Street NW., Suite 300,’’ the Internet and will be publicly
entail any changes to existing telephone wherever they appear with the words available only in hard copy form.
numbers, ZIP Code, e-mail addresses or ‘‘901 New York Avenue NW., Suite Publicly available docket materials are
the Commission’s Web site address 200,’’. available either electronically in RME or
(http://www.prc.gov). in hard copy for public inspection
PART 3003–PRIVACY ACT RULES during normal business hours at the Air
I. Physical address
Protection Division, U.S. Environmental
■ 1. The authority citation for part 3003
References to the Commission’s Protection Agency, Region III, 1650
continues to read as follows:
current physical address are being Arch Street, Philadelphia, Pennsylvania
replaced whenever they appear with the Authority: Privacy Act of 1974 (Pub. L. 19103. Copies of the State submittal are
Commission’s new physical address. 93–579); 5 U.S.C. 552a. available at the Virginia Department of
This affects 39 CFR 3001.9; 43(e)(4)(i); ■ 2. Amend part 3003 by replacing the Environmental Quality, 629 East Main
3001.110 and 116; 39 CFR 3002.3(c); words ‘‘1333 H Street NW., Suite 300,’’ Street, Richmond, Virginia 23219.
and 39 CFR 3003.3. wherever they appear with the words FOR FURTHER INFORMATION CONTACT:
‘‘901 New York Avenue NW., Suite 200.’’ Ellen Wentworth, (215) 814–2034, or by
II. Notice of Adoption of Changes and
[FR Doc. 05–16219 Filed 8–16–05; 8:45 am] e-mail at wentworth.ellen@epa.gov.
Effective Date
BILLING CODE 7910–FW–M SUPPLEMENTARY INFORMATION:
Given the nature and limited extent of
I. Background
these changes, the Commission is
adopting them as a direct final rule. The ENVIRONMENTAL PROTECTION On May 17, 2005 (70 FR 28252), EPA
effective date is August 29, 2005, which AGENCY published a notice of proposed
coincides with the continuation of rulemaking (NPR) for the
official business at the new location. 40 CFR Part 52 Commonwealth of Virginia. The NPR
The Commission directs the Secretary to proposed approval of the attainment
[R03–OAR–2005–VA–0004; FRL–7954–1]
arrange for publication of this order in demonstration and Early Action Plan
the Federal Register. Approval and Promulgation of Air (EAP) for the Roanoke MSA Ozone EAC
Quality Implementation Plans; Virginia; Area, which consists of the Counties of
It is ordered: Botetourt and Roanoke, the Cities of
Attainment Demonstration for the
1. The Commission adopts the Roanoke Metropolitan Statistical Area Roanoke and Salem, and the Town of
nomenclature changes referred to in the (MSA) Ozone Early Action Compact Vinton. The formal SIP revision was
body of this order, effective August 29, Area submitted by the Virginia Department of
2005. Environmental Quality on December 21,
AGENCY: Environmental Protection 2004, and supplemented on February
2. The Secretary shall arrange for Agency (EPA). 17, 2005. Other specifics of the
publication of this order in the Federal
ACTION: Final rule. Commonwealth’s SIP revision for the
Register.
Roanoke MSA Ozone EAC Area, and the
Issued: August 10, 2005. SUMMARY: EPA is taking final action to rationale for EPA’s proposed action are
By the Commission. approve a revision to the explained in the NPR and will not be
Steven W. Williams, Commonwealth of Virginia State restated here. On June 16, 2005, EPA
Secretary. Implementation Plan (SIP). This received adverse comments on its May
revision consists of an Early Action 17, 2005 NPR. A summary of the
List of Subjects in 39 CFR Parts 3001, Compact (EAC) Plan that will enable the comments submitted and EPA’s
3002 and 3003 Roanoke Metropolitan Statistical Area responses are provided in Section II of
(MSA) Ozone EAC Area to demonstrate this document.
Administrative practice and
attainment and maintenance of the 8-
procedure, Postal Service. II. Summary of Public Comments and
hour ozone national ambient air quality
■ For the reasons stated in the preamble, (NAAQS) standard. This action is being EPA Responses
the Commission amends 39 CFR parts taken under the Clean Air Act (CAA or Comment: Several commenters
3001, 3002, and 3003 as follows: Act). expressed support for the compact

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