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. 

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 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments; correction. 

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). 

DATES: This direct final rule is effective 

on 0901 UTC, October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

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: 

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] 

§ 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.’’

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 

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. 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Rules and Regulations 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 

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 

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: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 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: 

§ 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 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

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. 

DATES: Effective Date: This rule is 

effective on September 9, 2005. 

ADDRESSES: 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: 

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