[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43761-43764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15076]



[[Page 43761]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[CGD01-05-012]
RIN 1625-AA00 and 1625-AA08


Safety Zones; Long Island Sound Annual Fireworks Displays

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising regulations governing safety zones 
for fireworks displays in Long Island Sound. This revision establishes 
9 new permanent safety zones, revises the location for one established 
fireworks safety zone, and amends the notification and enforcement 
provisions to include additional launches from beach areas. This action 
is necessary to provide for the safety of life on navigable waters 
during the events.

DATES: This rulemaking is effective June 25, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-05-012 and are available for inspection or 
copying at Group/MSO Long Island Sound, New Haven, CT, between 9 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Andrea K. Logman, Chief, Waterways 
Management Division Coast Guard Group/MSO Long Island Sound, 
Connecticut (203) 468-4429.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 25, 2005, the Captain of the Port signed a notice of 
proposed rulemaking (NPRM) entitled ``Safety Zones; Long Island Sound 
Annual Fireworks Displays.'' The NPRM was published in the Federal 
Register (70 FR 23821) on 5 May 2005. No comments were received on the 
proposed rule. No public hearing was requested, and none was held.
    Since regulations located in 33 CFR 100.114(a) will be removed and 
redesignated, the Commander, First Coast Guard District must authorize 
that change. Though the Captain of the Port, Long Island Sound, 
provided the notice of the proposed rule in the Federal Register (70 FR 
23821), the Commander, First Coast Guard District incorporates that 
notice and any and all comments regarding the rule into this final 
rule.
    In accordance with 5 U.S.C. (d)(3), the Coast Guard finds good 
cause for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard wished to provide 
the public with the opportunity to comment on this rulemaking. By doing 
so, the timeframe for the publication of the final rule has been 
reduced to less than 30 days, in order to make this regulation 
effective for the scheduled dates of the events for which regulations 
are being established or modified herein, several of which are at the 
end of June or the beginning of July, 2005. The delay inherent in 
publication of this final rule 30 days in advance of its effective date 
is contrary to the public interest and impracticable, as immediate 
action is needed to protect the maritime community from the hazards 
associated with fireworks events. The Coast Guard Group/Marine Safety 
Office Long Island Sound will make this Final Rule widely available to 
the maritime community and general public through notification in the 
Local Notice to Mariners, marine safety information bulletins and 
through local waterways users groups.

Background and Purpose

    The Coast Guard is revising its safety zones for fireworks displays 
in the Long Island Sound Captain of the Port Zone found at Title 33 
Code of Federal Regulations (CFR), section 165.151. These revisions add 
9 permanent safety zones and revises one current safety zone that will 
be activated for fireworks displays that occur on an annual basis. Of 
the 9 new permanent safety zones, 5 of these currently have special 
local regulations established under 33 CFR 100.114, which will be moved 
to 33 CFR 165.151. These 5 events have specific dates assigned to them 
under that regulation. However, due to scheduling issues, the events 
have not been held over the last several years on the dates specified. 
As a result, numerous temporary regulations have needed to be 
implemented to provide for safety or the maritime community. As the 
events require a limited access but flexibility in scheduling, a 
permanent safety zone as opposed to special local regulations is 
prudent. This will ensure the safety of the maritime community viewing 
the displays or transiting in the vicinity of the displays. Once 
implemented as safety zones, the special local regulations located at 
33 CFR 100.114 for these events will be removed. The remaining 4 new 
safety zones are for annual events that do not currently have permanent 
safety zones or special local regulations.
    The events for which safety zones are being established are held in 
the following 9 locations: On the Thames River off of Norwich, CT; in 
Branford Harbor off of Branford Point, Branford, CT on Long Island 
Sound; in Long Island Sound off Cosey Beach, East Haven, CT; in Long 
Island Sound off Compo Beach, Westport, CT; in Westbrook Harbor on Long 
Island Sound, CT; in Long Island Sound off Calf Pasture Beach, Norwalk, 
CT; in Long Island Sound off Short Beach, Stratford, CT; in Long Island 
Sound off Old Black Point Beach, East Lyme, CT; and in Northport Bay 
off Asharoken Beach, NY. By establishing permanent safety zones, the 
Coast Guard will eliminate the need to establish temporary rules 
annually. The Coast Guard has promulgated safety zones or special local 
regulations for fireworks displays at all of these 9 areas in the past 
and has received no public comments or concerns regarding the impact to 
waterway traffic from these annually recurring events. Additionally, 
this rulemaking is revising the regulations currently in place in 33 
CFR 165.151(a)(10) for the Mashantucket Pequot Fireworks Safety zone. 
This revision changes the location of the three barges used for this 
fireworks display, increasing the distance between each of the barges. 
Smaller-sized fireworks shells, a maximum of a 10-inch shell, will be 
used on the two outer barges, decreasing the safety zone radius for 
each of the two outer barges from 1200 feet to 1000 feet. The center 
barge in this display will continue to have a maximum of 12-inch 
shells, and will continue to have a 1200-foot radius safety zone 
surrounding it. Due to the changes in the outer barge shell size, there 
is no increase to the restricted area of the safety zone as compared 
with what has been in place for this event in 33 CFR 165.151(a)(10). 
The Coast Guard has received no public comments or concerns regarding 
the impact to waterway traffic from the Mashantucket Pequot Fireworks.
    While this regulation will prevent vessels from transiting areas 
made hazardous from the launching of fireworks, vessels may transit in 
all portions of the affected waterways except for those areas covered 
by the zones.

Discussion of Comments and Changes

    No comments were received in response to the NPRM, however, one 
change is made to the final rule. Within the Enforcement Period 
selection of 33 CFR 165.151, the word ``posted'' is changed to 
``present'' in order to more accurately reflect the location of the

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barge or land based launch site sign that reads ``FIREWORKS--STAY 
AWAY.''

Discussion of Rule

    The Coast Guard is revising 33 CFR section 165.151 to add 9 new 
safety zones for fireworks displays that occur on a regular basis in 
the same locations. The Coast Guard is also revising 33 CFR 
165.151(a)(10), an established safety zone for the Mashantucket Pequot 
Fireworks. The sizes of these safety zones were determined in 
accordance with Navigational and Vessel Inspection Circular (NVIC) 07-
02, entitled Marine Safety at Fireworks Displays, and in accordance 
with National Fire Protection Association Standard 1123, Code for 
Fireworks Displays (100-foot distance per inch of diameter of the 
fireworks mortars). Barge locations and mortar sizes were determined to 
ensure appropriate safety zone locations will not interfere with any 
known marinas or piers. The 9 new safety zones and revisions to 33 CFR 
165.151(a)(10) for the Mashantucket Pequot Fireworks Safety Zone are 
described below under the respective event. All coordinates are North 
American Datum 1983 (NAD 83).

Norwich July Fireworks

    The safety zone for the annual Norwich July Fireworks display 
encompasses all waters of the Thames River turning basin within a 600-
foot radius of the fireworks barge in approximate position 
41[deg]31'20.9'' N, 072[deg]04'45.9'' W, located off of Norwich, CT.

Town of Branford Fireworks

    The safety zone for the annual Town of Branford fireworks display 
encompasses all waters of Branford Harbor off of Branford Point within 
a 600-foot radius of the fireworks launch area located on Branford 
Point in approximate position 41[deg]15'30'' N, 072[deg]49'22'' W.

Vietnam Veterans Local 484; Town of East Haven Fireworks

    The safety zone for the annual Vietnam Veterans Local 484/Town of 
East Haven fireworks display encompasses all waters of Long Island 
Sound off of Cosey Beach, East Haven, CT within a 1000-foot radius of 
the fireworks barge in approximate position 41[deg]14'19'' N, 
072[deg]52'9.8'' W.

Westport Police Athletic League Fireworks

    The safety zone for the annual Westport Police Athletic League 
fireworks display encompasses all waters of Long Island Sound Off Compo 
Beach, Westport, CT within a 800-foot radius of the fireworks barge in 
approximate position 41[deg]09'2.5'' N, 073[deg]20'1.1'' W.

Westbrook, CT July Celebration

    The safety zone for the annual Westbrook July Celebration fireworks 
display encompasses all waters of Westbrook Harbor, Westbrook, CT 
within a 800-foot radius of the fireworks barge located in approximate 
position 41[deg]16'50'' N, 072[deg]26'14'' W.

Norwalk Fireworks

    The safety zone for the annual Norwalk Fireworks display 
encompasses all waters of Long Island Sound off of Calf Pasture Beach 
in Norwalk, CT within a 1000-foot radius of the fireworks barge located 
in approximate position 40[deg]05'10'' N, 073[deg]23'20'' W.

Town of Stratford Fireworks

    The safety zone for the annual Town of Stratford fireworks display 
encompasses all waters of Long Island Sound of Long Island Sound off of 
Short Beach in Stratford. CT, within a 800-foot radius of the fireworks 
launch area located in approximate position 41[deg]09'5'' N, 
073[deg]06'5'' W.

Old Black Point Beach Association Fireworks

    The safety zone for the annual Old Black Point Beach Association 
fireworks display encompasses all waters of Long Island Sound off of 
Old Black Point Beach in East Lyme, CT, within a 1000-foot radius of 
the fireworks launch area located on Old Black Point Beach at 
approximate position 41[deg]17'34.9'' N, 072[deg]12'55.6'' W.

Village of Asharoken Fireworks

    The safety zone for the annual Village of Asharoken Fireworks 
encompasses all waters of Northport Bay off of Asharoken Beach in 
Asharoken, NY, within a 600-foot radius of the fireworks launch area 
located in approximate position 40[deg]55'30'' N, 072[deg]21' W.

Mashantucket Pequot Fireworks

    The safety zone for the Mashantucket Pequot Fireworks includes all 
waters of the Thames River within 1200-feet of a fireworks barge 
located at 41[deg]20'57.1'' N, 72[deg]05'22.1'' W; and within 1000-feet 
of each of the fireworks barges located at 41[deg]21'03.3'' N, 
72[deg]05'24.5'' W and 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
    This rulemaking also changes 33 CRF 165.151(b) and (c). These 
changes clarify the marking requirements for fireworks barges, 
described below, and include marking requirements for fireworks 
launches from land within the regulations.

Schedule

    The Coast Guard does not know the specific annually recurring dates 
of these fireworks display safety zones. Coast Guard Group/MSO Long 
Island Sound or Coast Guard Group Moriches will give notice of the 
activation of each safety zone by all appropriate means to provide the 
widest publicity among the affected segments of the public. This will 
include publication in the Local Notice to Mariners. Marine information 
and facsimile broadcasts may also be made to notify the public 
regarding these events. Broadcast notice to mariners will begin 12 to 
24 hours before the event is scheduled to begin. Fireworks barges used 
in the locations stated in this rulemaking will also have a sign on 
their port and starboard side labeled ``FIREWORKS--STAY AWAY ''. This 
will provide on-scene notice that the safety zone the fireworks barge 
is located in will be activated on that day. This sign will consist of, 
at a minimum, 10'' high by 1.5'' wide red lettering on a white 
background. Displays launched from shore sites will have a sign labeled 
``FIREWORKS--STAY AWAY'' with the same size requirements.
    The enforcement period for each safety zone is from 8 p.m. to 11 
p.m. (E.S.T.). However, vessels may enter, remain in, or transit 
through these safety zones during this time frame if authorized by the 
Captain of the Port Long Island Sound, or designated Coast Guard patrol 
personnel on scene, as provided for in 33 CFR 165.23. Mariners may 
request permission to transit through these safety zones from the 
Captain of the Port Long Island Sound or his on-scene representative. 
On-scene representatives are commissioned, warrant, and petty officers 
of the U.S. Coast Guard.
    This rule is begin established to provide for the safety of life on 
navigable waters during the events.

Regulatory Evaluation

    This rule 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 that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of

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DHS is unnecessary. This regulation may have some impact on the public, 
the potential impact will be minimized for the following reasons: 
Vessels will only be restricted from the safety zone areas for a 3 hour 
period; vessels may transit in all portions of the affected waterways 
except for those areas covered by the safety zones; The Coast Guard has 
promulgated either safety zones or special local regulations in 
accordance with 33 CFR Part 100 for fireworks displays at all 10 
locations areas in the past and has not received notice of any negative 
impact caused by any of the safety zones or special local regulations. 
Additionally, advance notifications will also be made to the local 
maritime community by the Local Notice to Mariners well in advance of 
the events. Marine information facsimile broadcasts may also be made.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule will 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may affect the following entities, some of which 
may be small entities: Commercial vessels wishing to transit, fish or 
anchor in the portions of the Thames River, Long Island Sound or 
Northport Bay covered by this rule. For the reasons outlined in the 
Regulatory Evaluation section above, this rule will not have a 
significant impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule will economically affect it.

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. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact LT Andrea K. Logman, Waterways Management 
Officer or the Command Center at Coast Guard Group/Marine Safety Office 
Long Island Sound, CT, at (203) 468-4429 or (203) 468-4444 
respectively.

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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule does not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect 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 would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

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.

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

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1D, this rule is to be categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination''

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is available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and Recordkeeping 
requirements, waterways.

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 is amending 
33 CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  100.114  [Amended]

0
2. In the table for Sec.  100.114(a), remove 6.4 and redesignate 6.5 
and 6.6 as 6.4 and 6.5 respectively, remove 7.38, 7.39, 7.41 and 7.42, 
and redesignate 7.40 as 7.38, and 7.43 through 7.51 as 7.39 through 
7.47 respectively.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226 and 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
4. Revise Sec.  165.151(a)(10) and add new Sec.  165.151(a)(18) to 
(26), and revise paragraphs (b) and (c) to read as follows:


Sec.  165.151  Safety Zones; Long Island Sound annual fireworks 
displays.

    (a) * * *
    (10) Mashantucket Pequot Fireworks Safety Zone. All waters of the 
Thames River off of New London, CT, within a 1200-foot radius of a 
fireworks barge located in approximate position 41[deg]20'57.1'' N, 
72[deg]05'22.1'' W; and within 1000-feet of fireworks barges located in 
approximate positions: barge one, 41[deg]21'03.3'' N, 72[deg]05'24.5'' 
W; and barge two, 41[deg]20'51.75'' N, 72[deg]05'18.90'' W.
    * * *
    (18) Norwich July Fireworks Safety Zone. All waters of the Thames 
River within a 600-foot radius of the fireworks launch area in 
approximate position 41[deg]31'20.9'' N, 072[deg]04'45.9' W, located 
off of Norwich, CT.
    (19) Town of Branford Fireworks Safety Zone. All waters of Branford 
Harbor off of Branford Point within a 600-foot radius of the fireworks 
launch area located on Branford Point in approximate position 
41[deg]15'30'' N, 072[deg]49'22'' W.
    (20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety 
Zone. All waters of Long Sound off of Cosey Beach, East Haven, CT 
within a 1000-foot radius of the fireworks barge in approximate 
position 41[deg]14'19'' N, 072[deg]52'9.8'' W.
    (21) Westport Police Athletic League Fireworks Safety Zone. All 
waters of Long Island Sound off Compo Beach, Westport, CT within a 800-
foot radius of the fireworks barge in approximate position 
41[deg]09'2.5'' N, 073[deg]20'1.1'' W.
    (22) Westbrook, CT July Celebration Safety Zone. All waters of 
Westbrook Harbor in Long Island Sound within a 800-foot radius of the 
fireworks barge located in approximate position 41[deg]16'50'' N, 
072[deg]26'14'' W.
    (23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound 
off of Calf Pasture Beach in Norwalk, CT within a 1000-foot radius of 
the fireworks barge located in approximate position 40[deg]05'10'' N, 
073[deg]23'20'' W.
    (24) Town of Stratford Fireworks Safety Zone. All waters of Long 
Island Sound off of Short Beach in Stratford, CT, within a 800-foot 
radius of the fireworks launch area located in approximate position 
41[deg]09'5'' N, 073[deg]06'5'' W.
    (25) Old Black Point Beach Association Fireworks Safety Zone. All 
waters of Long Island Sound off Old Black Point Beach in East Lyme, CT, 
within a 1000-foot radius of the fireworks launch area located on Old 
Black Point Beach in approximate position 41[deg]17'34.9'' N, 
072[deg]12'55.6'' W.
    (26) Village of Asharoken Fireworks Safety Zone. All waters of 
Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot 
radius of the fireworks launch area located in approximate position 
40[deg]55'30'' N, 072[deg]21' W.
    (b) Notification. Coast Guard Group/Marine Safety Office Long 
Island Sound and Coast Guard Group Moriches will cause notice of the 
activation of these safety zones to be made by all appropriate means to 
effect the widest publicity among the affected segments of the public, 
including publication in the local notice to mariners, marine 
information broadcasts, and facsimile. Fireworks barges used in these 
locations will also have a sign on their port and starboard side 
labeled ``FIREWORKS--STAY AWAY''. Displays launched from shore sites 
will have a sign labeled ``FIREWORKS--STAY AWAY'' with the same size 
requirements. The signs required by this section must consist of red 
letters at least 10 inches high, and 1.5 inch thick on a white 
background.
    (c) Enforcement period. Specific zones in this section will be 
enforced from 8 p.m. to 11 p.m. each day a barge or land based launch 
site with sign reading ``FIREWORKS--STAY AWAY'' is present in that 
zone.
* * * * *

    Dated: June 24, 2005.
Robert W. Durfee,
Captain, U.S. Coast Guard, Commander, First Coast Guard District, 
Acting.
[FR Doc. 05-15076 Filed 7-28-05; 8:05 am]
BILLING CODE 4910-15-M