54838 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 

R–2510B, from ‘‘CO, Yuma MCAS, AZ,’’

to ‘‘Commanding Officer, U.S. Navy 

Fleet Area Control and Surveillance 

Facility, San Diego, CA.’’ The FAA is 

taking this action in response to a 

request from the United States Navy to 

reflect an administrative change of 

responsibility for the restricted areas. 

There are no changes to the boundaries; 

designated altitudes; time of 

designation; or activities conducted 

within the affected restricted areas. 

EFFECTIVE DATE: 0901 UTC, December 

22, 2005. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules, Office of 

System Operations Airspace and AIM, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

changing the using agency of R–2510 A 

& B, El Centro, CA. On July 18, 2005, the 

U.S. Navy requested that the FAA 

change the using agency from ‘‘CO, 

Yuma MCAS, AZ,’’ to ‘‘Commanding 

Officer, U.S. Navy Fleet Area Control 

and Surveillance Facility, San Diego, 

CA.’’ This action addresses that request. 

This is an administrative change and 

does not affect the boundaries; 

designated altitudes; or activities 

conducted within the restricted areas. 

Therefore, notice and public procedure 

under 5 U.S.C. 553(b) are unnecessary. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, 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) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Policies and Procedures 

for Considering Environmental Impacts. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73, as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

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. 

§ 73.25 [Amended] 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2510A El Centro, CA [Amended] 

By removing the words ‘‘Using 

agency. CO, Yuma MCAS, AZ,’’ and 

inserting the words ‘‘Using agency. 

Commanding Officer, U.S. Navy Fleet 

Area Control and Surveillance Facility, 

San Diego, CA.’’

* * * * * 

R–2210B El Centro, CA [Amended] 

By removing the words ‘‘Using 

agency. CO, Yuma MCAS, AZ,’’ and 

inserting the words ‘‘Using agency. 

Commanding Officer, U.S. Navy Fleet 

Area Control and Surveillance Facility, 

San Diego, CA.’’

* * * * * 

Issued in Washington, DC, on September 

12, 2005. 

Edith V. Parish, 

Acting Manager, Airspace and Rules. 

[FR Doc. 05–18503 Filed 9–16–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–05–123] 

RIN 1625–AA00 

Safety Zone; Milwaukee River 

Challenge, Milwaukee River, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Milwaukee River, in Milwaukee, WI. 

This zone is intended to restrict vessels 

from a portion of the Milwaukee River 

in Milwaukee, WI during the Milwaukee 

River Challenge. This temporary safety 

zone is necessary to protect participants 

and spectators of the event from the 

hazards associated with vessel traffic on 

the Milwaukee River. 

DATES: This rule is effective from 10 

a.m. (local) on September 17, 2005 

through 4:30 p.m. (local) on September 

17, 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 [CGD09–05–123] and are 

available for inspection or copying at 

U.S. Coast Guard Sector Lake Michigan, 

2420 S. Lincoln Memorial Dr., 

Milwaukee, Wisconsin 53207 between 7 

a.m. (local) and 3:30 p.m. (local), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Marine Science Technician Chief 

Harold Millsap, Prevention Department, 

Sector Lake Michigan, 2420 S. Lincoln 

Memorial Dr., Milwaukee, WI 53207, 

(414) 747–7160. 

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 permit 

application was not received in time to 

publish an NPRM followed by a final 

rule before the effective date. Under 5 

U.S.C. 553(d)(3), good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying this rule would be 

contrary to the public interest of 

ensuring the safety of participants and 

vessels during this event and immediate 

action is necessary to prevent possible 

Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 54839 

loss of life or property. The Coast Guard 

has not received any complaints or 

negative comments previously with 

regard to this event. 

Background and Purpose 

This temporary safety zone is 

necessary to ensure the safety of the 

participants and spectators from hazards 

associated with vessel traffic on the 

Milwaukee River. Based on accidents 

that have occurred in other Captain of 

the Port zones and the hazards of vessel 

traffic during non-motorized boat races, 

the Captain of the Port Lake Michigan 

has determined boat races in close 

proximity to vessel traffic on the 

Milwaukee River pose a significant risk 

to public safety and property. 

Establishing a safety zone to control 

vessel movement around the location of 

the race will help ensure the safety of 

participants and property at these 

events and help minimize the associated 

risks. 

Discussion of Rule 

A temporary safety zone is necessary 

to ensure the safety of participants and 

vessels during the race in conjunction 

with the Milwaukee River Challenge. 

The race will occur between 10 a.m. 

(local) and 4:30 p.m. (local) on 

September 17, 2005. 

The safety zone for the race will 

encompass all waters of the Milwaukee 

River from North Water Street Bridge 

north to Humboldt Avenue Bridge. The 

Captain of the Port Lake Michigan, or 

his designated on-scene representative, 

has the authority to terminate the event. 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port or the designated onscene representative. Entry into, transit, 

or anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or his 

designated on-scene representative. The 

Captain of the Port or his designated onscene representative may be contacted 

via VHF Channel 16. 

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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This determination 

is based on the minimal time that 

vessels will be restricted from the zone 

and the zone is located in an area where 

the Coast Guard expects insignificant 

adverse impact to mariners from the 

zone’s activation. 

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 may be small 

entities: the owners and operators of 

vessels intending to transit or anchor in 

a portion of the Milwaukee River in 

Milwaukee, WI, between 10 a.m. (local) 

and 4:30 p.m. (local) on September 17 

2005. 

This safety zone 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 six and a half hours, 

on a portion of the Milwaukee River not 

significantly affecting commercial 

traffic. In the event that this temporary 

safety zone affects shipping, commercial 

vessels may request permission from the 

Captain of the Port Lake Michigan to 

transit through the safety zone. The 

Coast Guard will give notice to the 

public via a Broadcast to Mariners that 

the regulation is in effect. 

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 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 would 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 concern 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 

54840 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 

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 proposed 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 

procedure; and related management 

system 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 M16475.1D, 

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. This rule fits the 

category from paragraph (34)(g) because 

it establishes a safety zone. 

A preliminary ‘‘Environmental 

Analysis Check List’’ is available in the 

docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review. 

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 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. A new temporary section 165.T09–

123 is added as follows: 

§ 165.T09–123 Safety zone; Milwaukee 

River Challenge, Milwaukee River, 

Milwaukee, WI. 

(a) Location: The following area is a 

temporary safety zone: All waters of the 

Milwaukee River from the North Water 

Street Bridge north to the Humboldt 

Avenue Bridge. 

(b) Effective period. This regulation is 

effective from 10 a.m. (local) until 4:30 

p.m. (local), on September 17, 2005. 

(c) Enforcement Period. This zone 

will be enforced from 10 a.m. (local) 

until 4:30 p.m. (local), on September 17 

2005. 

(d) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Lake Michigan, or his designated onscene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone shall comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: September 9, 2005. 

S.P. LaRochelle, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 05–18594 Filed 9–16–05; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R07–OAR–2005–MO–0003; FRL–7969–6] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On July 13, 2005, EPA 

published a final rule approving 

revisions to the Missouri State 

Implementation Plan (SIP). In the July 

13, 2005, rule, EPA inadvertently 

included an incorrect state effective date 

for the Missouri statewide NOX rule. 

The purpose of this action is to correct 

the state effective date to August 30, 

2003. 

DATES: This action is effective 

September 19, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Michael Jay at (913) 551–7460, or by email at jay.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

On July 13, 2005 (70 FR 40193), EPA 

published a final rule approving a SIP 

revision for Missouri that included a 

revision to the statewide NOX rule, 10 

CSR 10–6.350 ‘‘Emissions Limitations 

and Emissions Trading of Oxides of 

Nitrogen.’’ The purpose of the rule is to 

reduce the state’s contribution to the St. 

Louis 8-hour ozone nonattainment area. 

The July 13, 2005, rule inadvertently 

included an incorrect state effective date 

for the statewide NOX rule of June 23, 

2003. Today’s action is necessary to 

correct the state effective date to August 

30, 2003. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B),