68330 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority 

since it contains aircraft executing 

instrument approach procedures to 

Kennett Memorial Airport, Kennett, 

MO. 

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 7400.9N, dated 

September 1, 2005, and effective 

September 16, 2005, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE MO E5 Kennett, MO 

Kennett Memorial Airport, MO 

(Lat. 36°13′33′′ N., long. 90°02′12′′ W.) 

Kennett NDB 

(Lat. 36°13′43′′ N., long. 90°02′21′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Kennett Memorial Airport and 

within 2.5 miles each side of the 003° bearing 

from the Kennett NDB extending from the 

6.6-mile radius of the airport to 7 miles north 

of the NDB and within 2.5 miles each side 

of the 030° bearing from the Kennett NDB 

extending from the 6.6-mile radius of the 

airport to 7 miles north of the NDB and 

within 2.5 miles each side of the 191° bearing 

from the Kennett NDB extending from the 

6.6-mile radius of the airport to 7 miles south 

of the NDB. 

* * * * * 

Issued in Kansas City, MO, on October 26, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–22395 Filed 11–9–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2005–22915; Amendment 

No. 121–317] 

RIN 2120–ai65 

Supplemental Oxygen 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: In this direct final rule, the 

FAA is amending its regulation on the 

use of pilot supplemental oxygen. The 

amendment changes the flight level at 

which the remaining pilot at the 

controls of the airplane must put on and 

use his oxygen mask if the other pilot 

at any time leaves his control station of 

the airplane. This amendment revises 

that altitude to ‘‘above flight level 350’’

from ‘‘above flight level 250.’’ It will 

also eliminate the needless use of 

oxygen that is not otherwise required to 

provide for safety in air carrier 

operations. This will reduce needless 

expenditures to replace oxygen 

equipment that is subject to excessive 

wear and tear. 

DATES: Effective January 9, 2006. 

Comments for inclusion in the Rules 

Docket must be received on or before 

December 27, 2005. 

ADDRESSES: You may send comments 

[identified by Docket Number [Insert 

docket number, for example, FAA–

200X–XXXXX]] using any of the 

following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

001. 

• Fax: 1–202–493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Coffey, Air Transportation 

Division (AFS–220), Flight Standards 

Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

Telephone No. (202) 267–3750. 

SUPPLEMENTARY INFORMATION: On 

February 25, 2004, the FAA published 

a notice in the Federal Register asking 

the public to tell us which regulations 

we should amend, remove, or simplify. 

See 69 FR 8575. In response to the 

February notice, we received four 

comments on the topic of supplemental 

oxygen. Additionally, the FAA has 

received numerous petitions for 

exemption from 14 CFR 121.333(c)(3). 

These petitions requested relief from the 

regulation so that if it is necessary for 

one pilot to leave his station at the 

controls of the airplane when the 

aircraft is above flight level (FL) 250, the 

remaining pilot at the controls must put 

on and use his oxygen mask until the 

other pilot has returned to his duty 

station. The petitioners sought relief up 

to FL 410. 

When flight operations above FL 250 

were first initiated, there was 

uncertainty of the ability of pilots to 

safely operate in that environment. 

Before the establishment of the FAA in 

1958, the Civil Aeronautics Board (CAB) 

was responsible for safety in air 

transportation. The CAB established 

requirements that both pilots must wear 

oxygen masks at all times when the 

airplane was operated above FL 250. 

The FAA carried forward this 

requirement without comment into its 

regulations. 

As airplanes, pressurization systems, 

engines, and other systems, became 

more reliable, the FAA amended the 

requirements concerning oxygen masks. 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 68331 

The regulations were amended to permit 

flights above FL 250 up to FL 410 for 

certain aircraft and up to FL 350 for all 

others with neither pilot being required 

to wear an oxygen mask if there were 

two pilots at the controls of the airplane 

and both pilots were equipped with 

approved ‘‘Quick Don’’ oxygen masks. 

In promulgating that amendment, the 

FAA required that when operating 

above FL 250, if one pilot is absent from 

his duty station, the other pilot must put 

on and use his oxygen mask until the 

other pilot has returned to his duty 

station. 

The FAA finds that the oxygen 

equipment in today’s modern aircraft 

has improved to the extent that a pilot 

can safely operate an airplane during 

and following a rapid decompression, 

up to certain flight levels, without 

requiring the pilots to wear the oxygen 

masks. This finding is predicated on the 

pilot being fully trained and qualified in 

accordance with approved training 

programs and having state of the art 

oxygen equipment available for use 

within easy reach. 

Research in the area of aviation 

physiology began in the 1950s and was 

significantly expanded during the 1960s 

and 1970s. In 1973, The National 

Aeronautics and Space Administration 

(NASA) published information in this 

area in order to compile the large body 

of research generated in recent years. 

The FAA evaluated the data and affirms 

the validity of it in promulgating this 

rule. 

In The Bioastronautics Data Book, 

published by NASA, in 1973, NASA 

states that the mean time of useful 

consciousness (TUC) at FL 410 is 16 to 

17 seconds. In addition to the mean 

TUC, NASA provides data that the 

minimum TUC at FL 410 observed was 

less than 10 seconds and was in the 

region of 8 to 9 seconds. Based on these 

TUCs, the FAA finds safety would be 

compromised if FAA permitted 

operations up to FL 410 in which the 

only pilot on the flight deck was not 

wearing an oxygen mask. However, in 

reviewing the data published by NASA, 

the FAA now finds that a FL above FL 

250 would still provide an acceptable 

level of safety, if a single pilot were at 

the flight controls and is not wearing 

and using an oxygen mask. The FAA 

analyzed the TUC at each FL between 

FL 250 and FL 410. The FAA finds that 

FL 250 could safely be raised but an 

increase to FL 410, as requested, would 

not provide an acceptable level of 

safety. After reviewing the different 

TUCs, the FAA finds that FL 350 is the 

highest FL that provides acceptable 

TUCs. The mean TUC at FL 350 is 34 

seconds and the minimum observed 

TUC is 17 seconds. 

In order to be approved for use under 

part 121, pilot oxygen masks must meet 

the requirements set forth under aircraft 

certification standards. These set forth, 

among other requirements, that the 

oxygen equipment must be designed 

and manufactured so that each pilot 

may don the oxygen equipment with 

one hand, not disturb reading glasses, 

and establish communications, all 

within 5 seconds. While there is no 

literal regulatory requirement that each 

pilot actually demonstrate proficiency 

in this maneuver under part 121, 

approved training programs require that 

pilots train to proficiency in rapid 

decompression procedures. Thus, there 

is the commonly acknowledged ‘‘5 

second criteria.’’

The FAA believes that in actual 

aircraft operations, the single pilot may 

be delayed, and take longer than 5 

seconds to start inhaling supplemental 

oxygen. Any such delay will take up 

part of the TUC. After considering the 

variables, the FAA finds the mean TUC 

at FL 350, 34 seconds, and the 

minimum observed TUC at FL 350, 17 

seconds, is the shortest TUC to which 

the FAA can safely revise the affected 

regulation. 

NASA provides these TUCs based on 

studies published by W.V. Blockley, and 

D.T. Hanifan, in An analysis of the 

oxygen protection problem at altitudes 

between 40,000 and 50,000 feet. Webb 

Associates, Santa Monica, California, 

California, 1961. 

This amendment will also bring the 

U.S. regulations in closer harmonization 

with Canadian Regulations on the use of 

oxygen. Section 605.32(3) of the 

Canadian Aviation Regulations states 

‘‘the pilot at the flight controls of an 

aircraft shall use an oxygen mask if (a) 

the aircraft is not equipped with quickdonning oxygen masks and is operated 

at or above flight level 250; or (b) the 

aircraft is equipped with quick-donning 

oxygen masks and is operated above 

flight level 410.’’

This rule only applies to 121 

operations. The FAA has not considered 

the appropriateness of the rule for 

operations other than those conducted 

under part 121 because of insufficient 

data. 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106, describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

Agency’s authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

III, section 44701, ‘‘General 

requirements.’’ Under that section, the 

FAA is charged with promoting safe 

flight of civil aircraft in air commerce by 

prescribing: 

• Minimum standards required in the 

interest of safety for the design and 

performance of aircraft; 

• Regulations and minimum 

standards in the interest of safety for 

inspecting, servicing, and overhauling 

aircraft; and 

• Regulations for other practices, 

methods, and procedures the 

Administrator finds necessary for safety 

in air commerce. 

This regulation is within the scope of 

that authority because it prescribes a 

safe level of flight that a single pilot 

during decompression can safely don 

oxygen equipment and maneuver the 

airplane to an altitude not requiring 

supplemental oxygen. 

The Direct Final Rule Procedure 

In accordance with § 11.13, the FAA 

is issuing this rule as a direct final with 

request for comment because we do not 

expect to receive any adverse 

comments, and thus, an NPRM is 

unnecessary. However, to be certain that 

we are correct, we set the comment 

period to end before the effective date. 

If the FAA receives any adverse 

comment or notice, then the final rule 

is withdrawn before it becomes 

effective. The FAA may then issue an 

NPRM. 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and therefore is 

issuing it as a direct final rule. This final 

rule reduces the restrictiveness of a 

requirement as it applies to air carriers 

conducting operations under part 121. 

The reduction in the requirement will 

not affect the safety of these operations 

because of the improvement of oxygen 

equipment. As a result, the FAA has 

determined that this amendment is a 

relieving change that has no adverse 

effect on public safety. 

Unless a written adverse or negative 

comment, or a written notice of intent 

to submit an adverse or negative 

comment is received within the 

comment period, the regulation will 

become effective on the date specified 

above. After the close of the comment 

period, the FAA will publish a 

document in the Federal Register 

indicating that no adverse or negative 

comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

68332 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://dms.dot.gov. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.access.gpo.gov/su_docs/aces/ 

aces140.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires the FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact their local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

our site, http://www.faa.gov/avr/arm/ 

sbrefa.cfm. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there are no 

requirements for information collection 

associated with this rule. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

identified and discussed similarities 

and differences in these proposed 

amendments and foreign regulations. 

Economic Evaluation, Regulatory 

Flexibility Act, Trade Impact 

Assessment, and Unfunded Mandates 

Assessment 

Proposed changes to Federal 

regulations must undergo several 

economic analyses. First, Executive 

Order 12866 directs each Federal agency 

to propose or adopt a regulation only 

after upon a reasoned determination 

that the benefits of the intended 

regulation justify its costs. Second, the 

Regulatory Flexibility Act of 1980 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (19 U.S.C. section 

2531–2533) prohibits agencies from 

setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act also requires agencies to consider 

international standards and, where 

appropriate, use them as the basis of 

U.S. standards. And fourth, the 

Unfunded Mandates Reform Act of 1995 

requires agencies to prepare a written 

assessment of the costs, benefits and 

other effects of proposed or final rules 

that include a Federal mandate likely to 

result in the expenditure by State, local 

or tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more annually (adjusted for 

inflation.) 

The FAA has determined this rule (1) 

has benefits which do justify its costs, 

is not a ‘‘significant regulatory action’’

as defined in the Executive Order and 

is ‘‘not significant’’ as defined in DOT’s 

Regulatory Policies and Procedures; (2) 

will not have a significant impact on a 

substantial number of small entities; (3) 

does not impose any barriers to 

international trade; and (4) does not 

impose an unfunded mandate on state, 

local, or tribal governments, or on the 

private sector. 

The Department of Transportation 

Order DOT 2100.5 prescribes policies 

and procedures for simplification, 

analysis, and review of regulations. If it 

is determined that the expected cost 

impact is so minimal that a proposal 

does not warrant a full evaluation, this 

order permits a statement to that effect 

and the basis for it to be included in the 

preamble and a full regulatory 

evaluation cost benefit evaluation need 

not be prepared. Such a determination 

has been made for this rule. The 

reasoning for that determination 

follows. 

Since this final rule is relieving, the 

FAA has determined that the rule will 

have minimal impact. The FAA requests 

comment with supporting justification 

regarding the FAA determination of 

minimal impact. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(RFA) establishes ‘‘as a principle of 

regulatory issuance that agencies shall 

endeavor, consistent with the objective 

of the rule and of applicable statutes, to 

fit regulatory and informational 

requirements to the scale of the 

business, organizations, and 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 68333 

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 

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. 

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 

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: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

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 

■ 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] 

BILLING CODE 4910–13–P 

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.