Special Local Regulations: Offshore Super Series Boat Race, St. Petersburg Beach, FL, 68333-68335 [05-22390]
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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations
governmental jurisdictions subject to
regulation.’’ To achieve that principle,
the RFA requires agencies to solicit and
consider flexible regulatory proposals
and to explain the rationale for their
actions. The RFA covers a wide-range of
small entities, including small
businesses, not-for-profit organizations
and small governmental jurisdictions.
Agencies must perform a review to
determine whether a proposed or final
rule will have a significant economic
impact on a substantial number of small
entities. If the agency determines that it
will, the agency must prepare a
regulatory flexibility analysis as
described in the Act.
This final rule will provide minor cost
savings to small part 121 operators.
Therefore, the FAA Administrator
certifies this action will not have a
significant economic impact on a
substantial number of small entities.
Trade Impact Assessment
The Trade Agreements Act of 1979
prohibits Federal agencies from
engaging in any standards or related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and where
appropriate, that they be the basis for
U.S. standards. The FAA has assessed
the potential effect of this final rule and
has determined that it will provide cost
savings to domestic operators and will
not impose any costs on international
entities, and thus has a neutral trade
impact.
Unfunded Mandates Assessment
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). 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 to this
regulation.
Executive Order 13132, Federalism
The FAA has analyzed this final rule
under the principles and criteria of
VerDate Aug<31>2005
12:46 Nov 09, 2005
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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
determined that this final rule does not
have federalism implications.
I
Environmental Analysis
68333
BILLING CODE 4910–13–P
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
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312d and involves no
extraordinary circumstances.
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.
List of Subjects in 14 CFR Part 121
Air Carriers, Aircraft, Airmen,
Aviation Safety, Charter Flight, Safety,
Transportation.
Adoption of the Amendment
Accordingly, the Federal Aviation
Administration amends part 121 of the
Federal Aviation Regulations (14 CFR
part 121) as follows:
I
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
1. The authority citation for part 121
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44901,
44903–44904, 44912, 45101–45105, 46105,
46301.
§ 121.333
[Amended]
2. Amend § 121.333 by:
a. Changing the word ‘‘shall’’ to
‘‘must’’ wherever it appears in the
section; and
I
I
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b. By removing the reference in
paragraph (c) to ‘‘flight level 250’’
wherever it appears and inserting the
reference to ‘‘flight level 350’’ in its
place.
Issued in Washington, DC on November 4,
2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–22456 Filed 11–9–05; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[CGD07–05–116]
RIN 1625–AA08
Special Local Regulations: Offshore
Super Series Boat Race, St. Petersburg
Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation for the Offshore Super Series
Boat Race in St. Petersburg Beach,
Florida, in the vicinity of the Don Cesar
Hotel. This event will be held November
16th, 17th, 19th, and 20th, 2005
between 11 a.m. and 5 p.m. EDT
(Eastern Daylight Time). Historically,
there have been approximately 400
participant and spectator craft. The
nature of high speed boats traveling at
speeds in excess of 130 miles per hour
creates an extra or unusual hazard in the
navigable waters of the United States.
This rule is necessary to ensure the
safety of life for the participating
vessels, spectators, and mariners in the
area on the navigable waters of the
United States.
DATES: This rule is effective from 10:30
a.m. on November 16, 2005 through 5:30
p.m. on November 20, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [CGD07–05–
116] and are available for inspection or
copying at Coast Guard Sector St.
Petersburg, Prevention Department, 155
Columbia Drive, Tampa, Florida 33606–
3598 between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Sector St.
Petersburg, Prevention Department,
(813) 228–2191, Ext. 8203.
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68334
Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations
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), the
Coast Guard finds that good cause exists
for not publishing an NPRM. The details
surrounding the final date and location
of the Offshore Super Series Boat Race
were not determined until recently due
to the required consults with
environmental partners and event
sponsors. Therefore, we did not have
sufficient time to publish an NPRM.
Publishing an NPRM and delaying its
effective date would be contrary to the
public interest since immediate action is
needed to minimize potential danger to
the public and participants during the
Offshore Super Series Boat Race. The
Coast Guard will issue a broadcast
notice to mariners to advise mariners of
the regulation. Additionally, Coast
Guard assets will be on scene and they
will also provide notice of the
regulation to mariners.
For the same reasons, 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.
Background and Purpose
Offshore Super Series Incorporated
will sponsor an offshore powerboat race
on the near-shore waters of St.
Petersburg Beach, Florida, in the
vicinity of the Don Cesar Hotel. The
event is scheduled for November 16, 17,
19, and 20, 2005 between 11 a.m. and
5 p.m. EDT (Eastern Daylight Time). The
event will host approximately 50
participant vessels that travel at speeds
in excess of 130 mph and approximately
350 spectator craft. This regulation is
needed to provide for the safety of life
on the Navigable waters of the United
States during the Offshore Super Series
Boat Race on the near-shore waters of
St. Petersburg Beach, Florida, in the
vicinity of the Don Cesar Hotel. The
anticipated concentration of spectator
and participant vessels associated with
the event poses a safety concern, which
is addressed in this special local
regulation.
Discussion of Rule
This rule includes a regulated area
approximately 1,000 feet around the
racecourse in all directions that
prohibits all non-participant vessels and
persons from entering the regulated area
from 10:30 a.m. to 5:30 p.m. on
November 16, 17, 19, and 20, 2005. This
regulation is intended to provide for the
safety of life on the navigable waters of
the United States for event participants
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12:46 Nov 09, 2005
Jkt 208001
and for mariners traveling in the
vicinity of the near-shore waters of St.
Petersburg Beach, Florida, in the
vicinity of the Don Cesar Hotel.
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
impact of this rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary because the safety
zone will only be in effect for a limited
period of time. Moreover, vessels may
enter with the express permission of the
Captain of the Port of St. Petersburg or
his designated representative.
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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit the nearshore waters of St. Petersburg Beach,
Florida, in the vicinity of the Don Cesar
Hotel from 10:30 a.m. to 5:30 p.m. on
November 16, 17, 19, and 20, 2005. This
regulated area will not have a significant
economic impact on a substantial
number of small entities as this rule will
be in effect for a limited period of time
in an area where vessel traffic is
extremely low. Additionally, vessel
traffic may be allowed to enter the
regulated area with the expressed
permission of the Captain of the Port of
St. Petersburg or his designated
representative.
Assistance for Small Entities
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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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
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.
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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations
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)(h), of the
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12:46 Nov 09, 2005
Jkt 208001
Instruction, from further environmental
documentation. An ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
I
PART 100—MARINE EVENTS &
REGATTAS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary section 100.35T–
07–116 is added to read as follows:
§ 100.35T–07–116 Offshore Super Series
Boat Race; St. Petersburg Beach, FL.
(a) Regulated Area. The regulated area
for the Offshore Super Series Boat Race
encompasses all waters of St. Petersburg
Beach, Florida in the vicinity of the Don
Cesar Hotel, located within a line
connecting the following points (NAD
83):
1: 27°43′26″ N, 82°44′35″ W;
2: 27°43′37″ N, 82°46′03″ W;
3: 27°43′12″ N, 82°46′12″ W;
4: 27°41′27″ N, 82°45′32″ W.
5: 27°41′14″ N, 82°44′20″ W; along the
contour of the shore and returning
to point 1.
(b) Special local Regulations. Nonparticipant vessels and persons are
prohibited from entering the Regulated
Area as defined in paragraph (a) unless
authorized by the Coast Guard Patrol
Commander or their designated
representative.
(c) Enforcement Period. This rule will
be enforced from 10:30 a.m. to 5:30 p.m.
on November 16, 17, 19, and 20, 2005.
(d) Effective Period. This rule is
effective from 10:30 a.m. on November
16, 2005 through 5:30 p.m. on
November 20, 2005.
Dated: October 28, 2005.
D. B. Peterman,
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 05–22390 Filed 11–9–05; 8:45 am]
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68335
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–05–049]
RIN 1625–AA09
Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulations that govern the operation
of the Berkley Bridge across the Eastern
Branch of the Elizabeth River, mile 0.4,
in Norfolk, Virginia. The final rule will
extend the morning and evening rush
hour closure periods so that the
morning rush hour period starts at 5
a.m. and ends at 9 a.m., and the evening
rush hour starts at 3 p.m. and ends at
7 p.m., Monday through Friday, except
Federal holidays. The rule will also
reduce the deep-draft commercial vessel
requirement to 18 feet and the advance
notice period to 6 hours. This change
will relieve vehicular traffic congestion
during the weekday rush hours while
still providing for the reasonable needs
of navigation.
DATES: This rule is effective December
12, 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 CGD05–05–049 and are available
for inspection or copying at Commander
(obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street,
Portsmouth, VA 23704–5004 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays. The
Fifth Coast Guard District maintains the
public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gary
S. Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 8, 2005, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations; Elizabeth River, Eastern
Branch, VA’’ in the Federal Register (70
FR 33405). We received two comments
on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
On behalf of the City of Norfolk, the
Virginia Department of Transportation
E:\FR\FM\10NOR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 217 (Thursday, November 10, 2005)]
[Rules and Regulations]
[Pages 68333-68335]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22390]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD07-05-116]
RIN 1625-AA08
Special Local Regulations: Offshore Super Series Boat Race, St.
Petersburg Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the Offshore Super Series Boat Race in St. Petersburg
Beach, Florida, in the vicinity of the Don Cesar Hotel. This event will
be held November 16th, 17th, 19th, and 20th, 2005 between 11 a.m. and 5
p.m. EDT (Eastern Daylight Time). Historically, there have been
approximately 400 participant and spectator craft. The nature of high
speed boats traveling at speeds in excess of 130 miles per hour creates
an extra or unusual hazard in the navigable waters of the United
States. This rule is necessary to ensure the safety of life for the
participating vessels, spectators, and mariners in the area on the
navigable waters of the United States.
DATES: This rule is effective from 10:30 a.m. on November 16, 2005
through 5:30 p.m. on November 20, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-05-116] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Sector St. Petersburg, Prevention Department,
(813) 228-2191, Ext. 8203.
[[Page 68334]]
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), the Coast Guard finds that good
cause exists for not publishing an NPRM. The details surrounding the
final date and location of the Offshore Super Series Boat Race were not
determined until recently due to the required consults with
environmental partners and event sponsors. Therefore, we did not have
sufficient time to publish an NPRM. Publishing an NPRM and delaying its
effective date would be contrary to the public interest since immediate
action is needed to minimize potential danger to the public and
participants during the Offshore Super Series Boat Race. The Coast
Guard will issue a broadcast notice to mariners to advise mariners of
the regulation. Additionally, Coast Guard assets will be on scene and
they will also provide notice of the regulation to mariners.
For the same reasons, 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.
Background and Purpose
Offshore Super Series Incorporated will sponsor an offshore
powerboat race on the near-shore waters of St. Petersburg Beach,
Florida, in the vicinity of the Don Cesar Hotel. The event is scheduled
for November 16, 17, 19, and 20, 2005 between 11 a.m. and 5 p.m. EDT
(Eastern Daylight Time). The event will host approximately 50
participant vessels that travel at speeds in excess of 130 mph and
approximately 350 spectator craft. This regulation is needed to provide
for the safety of life on the Navigable waters of the United States
during the Offshore Super Series Boat Race on the near-shore waters of
St. Petersburg Beach, Florida, in the vicinity of the Don Cesar Hotel.
The anticipated concentration of spectator and participant vessels
associated with the event poses a safety concern, which is addressed in
this special local regulation.
Discussion of Rule
This rule includes a regulated area approximately 1,000 feet around
the racecourse in all directions that prohibits all non-participant
vessels and persons from entering the regulated area from 10:30 a.m. to
5:30 p.m. on November 16, 17, 19, and 20, 2005. This regulation is
intended to provide for the safety of life on the navigable waters of
the United States for event participants and for mariners traveling in
the vicinity of the near-shore waters of St. Petersburg Beach, Florida,
in the vicinity of the Don Cesar Hotel.
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 impact of this rule to be
so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary because the safety zone
will only be in effect for a limited period of time. Moreover, vessels
may enter with the express permission of the Captain of the Port of St.
Petersburg or his designated representative.
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 may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit the near-shore waters of St. Petersburg Beach, Florida, in the
vicinity of the Don Cesar Hotel from 10:30 a.m. to 5:30 p.m. on
November 16, 17, 19, and 20, 2005. This regulated area will not have a
significant economic impact on a substantial number of small entities
as this rule will be in effect for a limited period of time in an area
where vessel traffic is extremely low. Additionally, vessel traffic may
be allowed to enter the regulated area with the expressed permission of
the Captain of the Port of St. Petersburg or his designated
representative.
Assistance for Small Entities
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 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.
[[Page 68335]]
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)(h), of the Instruction, from further environmental
documentation. An ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100--MARINE EVENTS & REGATTAS
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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.
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2. A new temporary section 100.35T-07-116 is added to read as follows:
Sec. 100.35T-07-116 Offshore Super Series Boat Race; St. Petersburg
Beach, FL.
(a) Regulated Area. The regulated area for the Offshore Super
Series Boat Race encompasses all waters of St. Petersburg Beach,
Florida in the vicinity of the Don Cesar Hotel, located within a line
connecting the following points (NAD 83):
1: 27[deg]43'26'' N, 82[deg]44'35'' W;
2: 27[deg]43'37'' N, 82[deg]46'03'' W;
3: 27[deg]43'12'' N, 82[deg]46'12'' W;
4: 27[deg]41'27'' N, 82[deg]45'32'' W.
5: 27[deg]41'14'' N, 82[deg]44'20'' W; along the contour of the shore
and returning to point 1.
(b) Special local Regulations. Non-participant vessels and persons
are prohibited from entering the Regulated Area as defined in paragraph
(a) unless authorized by the Coast Guard Patrol Commander or their
designated representative.
(c) Enforcement Period. This rule will be enforced from 10:30 a.m.
to 5:30 p.m. on November 16, 17, 19, and 20, 2005.
(d) Effective Period. This rule is effective from 10:30 a.m. on
November 16, 2005 through 5:30 p.m. on November 20, 2005.
Dated: October 28, 2005.
D. B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-22390 Filed 11-9-05; 8:45 am]
BILLING CODE 4910-15-P
