Safety Zone; New York Super Boat Race, Hudson River, NY, 53562-53564 [05-17832]
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53562
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
barriers affecting the export of American
goods and services to foreign countries
and barriers affecting the import of
foreign goods and services into the
United States.
In accordance with the above statute
and policy, the FAA has assessed the
potential effect of this final rule and has
determined that it will impose the same
costs on domestic and international
entities and, thus, has a neutral trade
impact.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (the Act), enacted as Pub. L.
104–4 on March 22, 1995, is intended,
among other things, to curb the practice
of imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of the Act requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may result in a $100 million or
more expenditure (adjusted annually for
inflation) in any one year by State, local,
and tribal governments, in the aggregate,
or by the private sector; such a mandate
is deemed to be a ‘‘significant regulatory
action.’’ The FAA currently uses an
inflation-adjusted value of $120.7
million in lieu of $100 million.
This final rule does not contain such
a mandate. Therefore, the requirements
of Title II of the Unfunded Mandates
Reform Act of 1995 do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
Executive Order 13132, Federalism. We
determined that this action will not
have a substantial direct effect on the
States, or the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, we
have determined that this final rule does
not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined this proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 307k and involves no
extraordinary circumstances.
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Regulations That Significantly Affect
Energy Supply, Distribution, or Use
The FAA has analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
18, 2001). We have determined that it is
not a ‘‘significant energy action’’ under
the executive order because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866, and it is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
Correction
Under the final rule, FR Doc. 05–
15376, published on August 4, 2005 (70
FR 45263), make the following
correction:
1. On page 45264, in column 1 in the
heading section, beginning on line 4,
correct ‘‘Amendment No. 05–113’’ to
read ‘‘Amendment No. 61–113’’.
Issued in Washington, DC on September 2,
2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–17896 Filed 9–6–05; 11:26 am]
BILLING CODE 4910–13–P
History
Federal Register Document 2005–
21873, published on Friday July 29,
2005 (70 FR 43742), modified Class D
and Class E Airspace at Salina
Municipal Airport, KS. The phrase
‘‘This Class D airspace area is effective
during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in
the Airport/Facility Directory,’’ was
incorrectly deleted from the legal
description of Class D airspace. This
action corrects that error.
Accordingly, pursuant to the
authority delegated to me, the error in
the legal description of Class D
Airspace, Topeka, Forbes Field, KS as
published in the Federal Register
Friday July 29, 2005 (70 FR 43742), (FR
Doc. 2005–21873), is corrected as
follows:
On page 43743, Column 1, under
SUMMARY, delete the following
sentences: ‘‘This action also removes
references to effective dates and times
established in advance by a Notice to
Airmen from the legal descriptions for
Class D airspace. The effective dates and
times are now continuously published
in the Airport/Facility Directory’’.
PART 71—[CORRECTED]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–21873; Airspace
Docket No. 05–ACE–27]
Modification of Class D and Class E
Airspace; Salina Municipal Airport, KS
Federal Aviation
Administration (FAA), DOT.
AGENCY:
Direct final rule; request for
comments; correction.
ACTION:
SUMMARY: This action corrects an error
in the legal description of Class D
airspace in a direct final rule, request for
comments that was published in the
Federal Register on Friday July 29, 2005
(70 FR 43742).
§ 71.1
[Corrected]
On page 43744, Column 1, at the end
of the legal description of ACE KS D
Salina KS, add the phrase ‘‘This Class
D airspace area is effective during the
specific dates and times established in
advance by a Notice to Airmen.The
effective date and time will thereafter be
continuously published in the Airport/
Facility Directory.’’
I
Issued in Kansas City, MO, on August 24,
2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services
Operations.
[FR Doc. 05–17834 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF HOMELAND
SECURITY
DATES:
This direct final rule is effective
on 0901 UTC, October 27, 2005.
Coast Guard
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 165
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION:
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[CGD01–05–027]
RIN 1625–AA00
Safety Zone; New York Super Boat
Race, Hudson River, NY
AGENCY:
E:\FR\FM\09SER1.SGM
Coast Guard, DHS.
09SER1
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
ACTION:
Temporary final rule.
SUMMARY: The Coast Guard is
temporarily altering the effective period
of the safety zone defined in 33 CFR
165.162 for the annual New York Super
Boat Race. This temporary rule changes
the effective date for this safety zone
from Sunday, September 11, 2005 to
Saturday, September 10, 2005. This
action is required to protect life on
navigable waters during the event.
DATES: This rule is effective from 10
a.m. to 4 p.m. on September 10, 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 CGD01–05–027 and are available
for inspection or copying at the
Waterways Management Division, Coast
Guard Sector New York, 212 Coast
Guard Drive, Staten Island, NY 10305
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Commander B. Willis, Waterways
Management Division, Coast Guard
Sector New York at (718) 354–4220.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 29, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; New York Super
Boat Race, Hudson River, New York in
the Federal Register (70 FR 43815). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. If this rule were made effective
30 days after publication, then this rule
would be void because it would become
effective after the date of the event.
Background and Purpose
The Coast Guard received the annual
application to hold the New York Super
Boat Race on the waters of the Hudson
River. With this application, the event
sponsor requested that the event be
permitted to take place on Saturday,
September 10, 2005 rather than the
usual Sunday following Labor Day,
which falls on September 11, 2005. The
temporary deviation from the
permanent regulation was requested to
avoid interfering with the events
scheduled in the area associated with
the observance of 9–11.
Discussion of Comments and Changes
We received no letters commenting on
the proposed rule and no changes have
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
been made to the proposed rule as
published.
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).
The Coast Guard expects the
economic impact of this rule to be so
minimal that a full Regulatory
evaluation under paragraph 10e of the
regulatory policies and procedures of
DHS is unnecessary. Although this
regulation prevents traffic from
transiting a portion of the Lower
Hudson River during the race, the effect
of this regulation will not be significant
for several reasons: It is an annual event
with local support, the volume of
commercial vessel traffic transiting the
Lower Hudson River on a Saturday is
similar to that on a Sunday and less
than half of the normal weekday traffic
volume; pleasure craft desiring to view
the event will be directed to designated
spectator viewing areas outside the
safety zone; pleasure craft can take an
alternate route through the East River
and the Harlem River; the duration of
the event is limited to six hours;
extensive advisories will be made to the
affected maritime community by Local
Notice to Mariners, Safety Voice
Broadcast, and facsimile notification.
Additionally, commercial ferry traffic
will be authorized to transit around the
perimeter of the safety zone for their
scheduled operations at the direction of
the Patrol Commander.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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.
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 affects the following entities,
some of which might be small entities:
the owners or operators of vessels
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53563
intending to transit or anchor in a
portion of the Hudson River from 10
a.m. to 4 p.m. on September 10, 2005.
This rule does not have a significant
economic impact on a substantial
number of small entities for the reasons
stated in the Regulatory Evaluation
section above.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could 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 (1–888–734–3247).
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 it 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
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
E:\FR\FM\09SER1.SGM
09SER1
53564
Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations
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 create 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. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it 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
VerDate Aug<18>2005
15:11 Sep 08, 2005
Jkt 205001
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
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard temporarily
amends 33 CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 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.
2. From 10 a.m. to 4 p.m. on
September 10, 2005, suspend
§ 165.162(c) and add § 165.162(d) to
read as follows:
I
§ 165.162 Safety Zone; New York Super
Boat Race, Hudson River, New York.
*
*
*
*
*
(d) Effective Period. This section is in
effect from 10 a.m. until 4 p.m. on
Saturday, September 10, 2005.
Dated: August 29, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the
Port, New York.
[FR Doc. 05–17832 Filed 9–8–05; 8:45 am]
BILLING CODE 4910–15–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[AS123–NBK; FRL–7955–6]
Revisions to the Territory of American
Samoa State Implementation Plan,
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
AGENCY:
Final rule; notice of
administrative change.
ACTION:
SUMMARY: EPA is updating the materials
submitted by the Territory of American
Samoa that are incorporated by
reference (IBR) into the Territory of
American Samoa State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by the territorial agency and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the Office of the
Federal Register (OFR), Office of Air and
Radiation Docket and Information, and
the Regional Office.
Effective Date: This rule is
effective on September 9, 2005.
DATES:
SIP materials that are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations and online at
EPA Region IX’s Web site:
ADDRESSES:
Air Division, Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–
3901.
Air and Radiation Docket and
Information Center, U.S.
Environmental Protection Agency,
Room B–102, 1301 Constitution
Avenue, NW., (Mail Code 6102T),
Washington, DC 20460.
Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Julie
A. Rose, EPA Region IX, (415) 947–
4126, rose.julie@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. State Implementation Plan History and
Process
B. Content of Revised IBR Document
C. Revised Format of the ‘‘Identification of
Plan’’ Section in Subpart DDD
D. Enforceability and Legal Effect
E. Notice of Administrative Change
II. Public Comments
III. Statutory and Executive Order Reviews
E:\FR\FM\09SER1.SGM
09SER1
]]>Agencies
[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53562-53564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17832]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-05-027]
RIN 1625-AA00
Safety Zone; New York Super Boat Race, Hudson River, NY
AGENCY: Coast Guard, DHS.
[[Page 53563]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily altering the effective period
of the safety zone defined in 33 CFR 165.162 for the annual New York
Super Boat Race. This temporary rule changes the effective date for
this safety zone from Sunday, September 11, 2005 to Saturday, September
10, 2005. This action is required to protect life on navigable waters
during the event.
DATES: This rule is effective from 10 a.m. to 4 p.m. on September 10,
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 CGD01-05-027 and are available for inspection or
copying at the Waterways Management Division, Coast Guard Sector New
York, 212 Coast Guard Drive, Staten Island, NY 10305 between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commander B. Willis, Waterways
Management Division, Coast Guard Sector New York at (718) 354-4220.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 29, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; New York Super Boat Race, Hudson River,
New York in the Federal Register (70 FR 43815). We received no comments
on the proposed rule. No public meeting was requested, and none was
held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. If this rule were made effective
30 days after publication, then this rule would be void because it
would become effective after the date of the event.
Background and Purpose
The Coast Guard received the annual application to hold the New
York Super Boat Race on the waters of the Hudson River. With this
application, the event sponsor requested that the event be permitted to
take place on Saturday, September 10, 2005 rather than the usual Sunday
following Labor Day, which falls on September 11, 2005. The temporary
deviation from the permanent regulation was requested to avoid
interfering with the events scheduled in the area associated with the
observance of 9-11.
Discussion of Comments and Changes
We received no letters commenting on the proposed rule and no
changes have been made to the proposed rule as published.
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).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory evaluation under paragraph 10e of the
regulatory policies and procedures of DHS is unnecessary. Although this
regulation prevents traffic from transiting a portion of the Lower
Hudson River during the race, the effect of this regulation will not be
significant for several reasons: It is an annual event with local
support, the volume of commercial vessel traffic transiting the Lower
Hudson River on a Saturday is similar to that on a Sunday and less than
half of the normal weekday traffic volume; pleasure craft desiring to
view the event will be directed to designated spectator viewing areas
outside the safety zone; pleasure craft can take an alternate route
through the East River and the Harlem River; the duration of the event
is limited to six hours; extensive advisories will be made to the
affected maritime community by Local Notice to Mariners, Safety Voice
Broadcast, and facsimile notification. Additionally, commercial ferry
traffic will be authorized to transit around the perimeter of the
safety zone for their scheduled operations at the direction of the
Patrol Commander.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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.
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 affects the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Hudson River from 10 a.m. to 4
p.m. on September 10, 2005. This rule does not have a significant
economic impact on a substantial number of small entities for the
reasons stated in the Regulatory Evaluation section above.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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
(1-888-734-3247).
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 it 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have
[[Page 53564]]
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 create 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it 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
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects in 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 temporarily
amends 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 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
2. From 10 a.m. to 4 p.m. on September 10, 2005, suspend Sec.
165.162(c) and add Sec. 165.162(d) to read as follows:
Sec. 165.162 Safety Zone; New York Super Boat Race, Hudson River, New
York.
* * * * *
(d) Effective Period. This section is in effect from 10 a.m. until
4 p.m. on Saturday, September 10, 2005.
Dated: August 29, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 05-17832 Filed 9-8-05; 8:45 am]
BILLING CODE 4910-15-P
