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 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61443

race takes place in Biscayne Bay, from 

Dinner Key to Soldier Key, Saturday 

and Sunday during the second weekend 

in October (Columbus Day Weekend). 

Approximately 50 spectator craft, and 

several hundred additional vessels, 

transit the area for the annual event. 

These regulations are intended to 

provide for the safety of life on the 

waters of Biscayne Bay during the event 

by controlling traffic in the regulated 

area. 

Discussion of Rule 

This rule creates a regulated area and 

prohibits non-participant vessels from 

entering the regulated area without the 

permission of the Coast Guard Patrol 

Commander. When the Coast Guard 

Patrol Commander determines that it is 

safe for vessels to transit the regulated 

area, vessel traffic may resume normal 

operations at the completion of the 

scheduled races and exhibitions, and 

between scheduled racing events. The 

regulated area encompasses all waters 

within the following points:

Latitude Longitude

25°43′24′′ N 080°12′30′′ W 

25°43′24′′ N 080°10′30′′ W 

25°33′00′′ N 080°11′30′′ W 

25°33′00′′ N 080°15′54′′ W 

25°40′00′′ N 080°15′00′′ W 

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. Entry into the 

regulated area is prohibited for only 

limited time periods. Additionally, 

when the Coast Guard Patrol 

Commander determines that it is safe for 

vessels to transit the regulated area, 

vessel traffic may be allowed to resume 

normal operations at the completion of 

scheduled races and exhibitions and 

between scheduled racing events. Also, 

vessels may otherwise be allowed to 

enter the regulated area with permission 

of the Coast Guard Patrol Commander. 

Finally, advance notifications to the 

maritime community through marine 

information broadcasts will allow 

mariners to adjust plans accordingly. 

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 or anchor in 

that portion of Biscayne Bay, between 

Dinner Key and Soldier Key, from 10 

a.m. to 5 p.m., on the Saturday and 

Sunday of Columbus Day weekend. The 

regulations will only be in effect for 2 

days in an area of limited commercial 

traffic. Also, vessel traffic will be 

allowed to resume normal operations at 

the completion of scheduled races and 

exhibitions, and between scheduled 

racing events, when the Coast Guard 

Patrol Commander determines it is safe 

to do so. Vessels may otherwise be 

allowed to enter the regulated area with 

permission of the Coast Guard Patrol 

Commander. 

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 this rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. The Coast Guard offered its 

availability to answer inquiries from the 

public through responses to any 

comments generated by this rulemaking. 

No comments were received. 

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 affect 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 

would not create an environmental risk 

to health or risk to safety that might 

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. 

61444 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

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. Under figure 2–1, 

paragraph (34)(h), of the Instruction, 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:

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 § 100.729 to read as follows:

§ 100.729 Columbus Day Regatta, 

Biscayne Bay, Miami, FL. 

(a) Regulated area. A regulated area is 

established for the Columbus Day 

Regatta, Biscayne Bay, Miami, Florida. 

The regulated area encompasses all 

waters within the following points:

Latitude Longitude

25°43′24′′ N 080°12′30′′ W 

25°43′24′′ N 080°10′30′′ W 

25°33′00′′ N 080°11′30′′ W 

25°33′00′′ N 080°15′54′′ W 

25°40′00′′ N 080°15′00′′ W 

(b) Definitions. Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by 

Commanding Officer, Coast Guard 

Station Miami Beach. 

(c) Special Local Regulations.

(1) Entry into the regulated area by 

non-participant persons or vessels is 

prohibited unless authorized by the 

Coast Guard Patrol Commander. 

(2) At the completion of scheduled 

races and exhibitions, and departure of 

participants from the regulated area, the 

Coast Guard Patrol Commander may 

permit traffic to resume normal 

operations. 

(3) Between scheduled racing events, 

the Coast Guard Patrol Commander may 

permit traffic to resume normal 

operations for a limited time. 

(4) A succession of not fewer than 5 

short whistle or horn blasts from a Coast 

Guard patrol vessel will be the signal for 

any and all vessels to take immediate 

steps to avoid collision. 

(d) Enforcement periods. This rule 

will be enforced from 10 a.m. until 5 

p.m. Saturday and Sunday during the 

second weekend in October (Columbus 

Day weekend).

Dated: October 6, 2004. 

D. Brian Peterman, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District.

[FR Doc. 04–23371 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7851] 

Suspension of Community Eligibility

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are suspended on the 

effective dates listed within this rule 

because of noncompliance with the 

floodplain management requirements of 

the program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will be withdrawn 

by publication in the Federal Register.

DATES: Effective Dates: The effective 

date of each community’s suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables.

ADDRESSES: If you wish to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA Regional 

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Mike Grimm, Mitigation Division, 500 C 

Street, SW.; Room 412, Washington, DC 

20472, (202) 646–2878.

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the 

National Flood Insurance Program, 42 

U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities