61440 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2004–19325/Airspace 

Docket No. 04–ACE–54.’’ The postcard 

will be date/time stamped and returned 

to the commenter.

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) if 

promulgated, will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, the Federal Aviation 

Administration amends 14 CFR part 71 

as follows:

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. The authority citation for part 71 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

Paragraph 6002 Class E Airspace 

Designated as Surface Areas.

* * * * *

ACE KS E2 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′48′′ N., long. 99°57′56′′ W.)

Within a 4.2-mile radius of Dodge City 

Regional Airport.

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE KS E5 Dodge City, KS 

Dodge City Regional Airport, KS 

(Lat. 37°45′48′′ N., long. 99°57′56′′ W.) 

Dodge City VORTAC 

(Lat. 37°51′02′′ N., long. 100°00′20′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.7-mile 

radius of Dodge City Regional Airport and 

within 1.9 miles each side of the Dodge City 

VORTAC 160° radial extending from the 6.8-

mile radius of the airport to 17 miles 

southeast of the VORTAC.

* * * * *

Issued in Kansas City, MO on October 7, 

2004. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations.

[FR Doc. 04–23387 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100

[CGD05–04–138] 

RIN 1625–AA08

Special Local Regulation for Marine 

Events; Southern Branch, Elizabeth 

River, Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘International 

Search and Rescue Competition’’, a 

marine event to be held on the waters 

of the Southern Branch of the Elizabeth 

River at Portsmouth, Virginia. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

regulation will restrict vessel traffic in 

portions of the Southern Branch of the 

Elizabeth River during the event.

DATES: This rule is effective from 8 a.m. 

on November 5, 2004, to 6 p.m. on 

November 6, 2004.

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 CGD05–04–138 and are available 

for inspection or copying at Commander 

(oax), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Dennis Sens, Project Manager, Auxiliary 

and Recreational Boating Safety Branch, 

at (757) 398–6204.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 30, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Southern Branch, 

Elizabeth River, Portsmouth, VA in the 

Federal Register (69 FR 52840). We 

received no letters commenting 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 good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register because delaying the rule 

would be impractical and contrary to 

public interest as the event will take 

place on November 5 and 6, 2004. 

Background and Purpose 

On November 5 and 6, 2004, the Coast 

Guard and Canadian Auxiliaries will 

sponsor the ‘‘International Search and 

Rescue Competition’’, a marine event to 

be held on the waters of the Southern 

Branch of the Elizabeth River at 

Portsmouth, Virginia. The event will 

consist of International teams competing 

in various events designed to 

demonstrate competence in maritime 

search and rescue techniques. To 

provide for the safety of participants, 

spectators and support vessels, the 

Coast Guard will temporarily restrict 

vessel traffic in the Southern Branch of 

the Elizabeth River, including the North 

Ferry Landing, during the event. 

Discussion of Comments and Changes 

No comments were received in 

response to the notice of proposed 

rulemaking (NPRM) published in the 

Federal Register. Accordingly, the Coast 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61441

Guard is establishing temporary special 

local regulations on specified waters of 

the Southern Branch of the Elizabeth 

River. Since no comments were 

received, no changes to this regulation 

were made. 

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 

DHS is unnecessary. Although this 

regulation will prevent traffic from 

transiting a portion of the Southern 

Branch of the Elizabeth River during the 

event, the effect of this regulation will 

not be significant due to the limited 

duration that the regulated area will be 

in effect and the extensive advance 

notifications that will be made to the 

maritime community via the Local 

Notice to Mariners, marine information 

broadcasts, and area newspapers, so 

mariners can adjust their plans 

accordingly. Additionally, the regulated 

area has been narrowly tailored to 

impose the least impact on general 

navigation yet provide the level of safety 

deemed necessary. Vessel traffic will be 

able to transit the Southern Branch of 

the Elizabeth River whenever the Coast 

Guard Patrol Commander determines it 

safe to do so. 

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 will affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit the Southern 

Branch of the Elizabeth River during the 

event. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be in 

effect for only a short period. The 

regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be allowed to transit the 

Southern Branch of the Elizabeth River 

whenever the Coast Guard Patrol 

Commander determines it safe to do so. 

Before the enforcement period, we will 

issue maritime advisories so mariners 

can adjust their plans accordingly. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would 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 would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 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 the address 

listed under ADDRESSES. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

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. 

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 

61442 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

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. Special local 

regulations issued in conjunction with a 

regatta or marine parade permit are 

specifically excluded from further 

analysis and documentation under that 

section.

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:

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS

■ 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.

■ 2. Add temporary § 100.35–T05–138 to 

read as follows:

§ 100.35–T05–138 Southern Branch, 

Elizabeth River, Portsmouth, VA. 

(a) Regulated area. A regulated area is 

established for the waters of the 

Southern Branch of the Elizabeth River 

including the North Ferry Landing, from 

shoreline to shoreline, bounded to the 

north by a line drawn along Latitude 

36°50′23′′ N and bounded to the south 

by a line drawn along Latitude 

36°50′12′′ N. All coordinates reference 

Datum: NAD 1983. 

(b) Definitions. As used in this 

section—

Coast Guard Patrol Commander

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Commander, 

Coast Guard Group Hampton Roads. 

Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Group Hampton Roads 

with a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

Participant means all vessels 

participating in the International Search 

and Rescue Competition under the 

auspices of the Marine Event Permit 

issued to the event sponsor and 

approved by Commander, Coast Guard 

Group Hampton Roads. 

(c) Special local regulations.

(1) Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement period. This section 

will be enforced from 8 a.m. to 6 p.m. 

on November 5 and 6, 2004.

Dated: October 7, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–23373 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100

[CGD07–04–120] 

RIN 1625–AA08

Special Local Regulations; Columbus 

Day Regatta, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is 

establishing a permanent local 

regulation for the Columbus Day 

Regatta. The event is held annually on 

Saturday and Sunday of the Columbus 

Day weekend on Biscayne Bay, Miami, 

Florida. This regulation creates a 

regulated area that temporarily limits 

the movement of non-participant 

vessels. This regulation is needed to 

provide for the safety of life on 

navigable waters during the event.

DATES: This rule is effective October 9, 

2004.

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 (CGD07–04–120) and will be 

available for inspection or copying at 

Coast Guard Sector Miami between 8 

a.m. and 4 p.m., Monday through 

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

BMC D. Vaughn, Coast Guard Sector 

Miami, Miami Beach, Florida, (305) 

535–4317.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On September 1, 2004, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Special Local 

Regulations; Columbus Day Regatta, 

Biscayne Bay, Miami, FL’’ in the 

Federal Register (FR Doc. 04–19913). 

We received no letters commenting 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. The event is to be held on 9 

and 10 October 2004 and it is in the 

interest of public safety to have this rule 

in effect at this time. 

Background and Purpose 

Columbus Day Regatta, Inc., sponsors 

a sailboat race with approximately 500 

sailboats, ranging in length from 20 to 

60 ft, that participate in the event. The