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. 

68334 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 

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 details 

surrounding the final date and location 

of the Offshore Super Series Boat Race 

were not determined until recently due 

to the required consults with 

environmental partners and event 

sponsors. Therefore, we did not have 

sufficient time to publish an NPRM. 

Publishing an NPRM and delaying its 

effective date would be contrary to the 

public interest since immediate action is 

needed to minimize potential danger to 

the public and participants during the 

Offshore Super Series Boat Race. The 

Coast Guard will issue a broadcast 

notice to mariners to advise mariners of 

the regulation. Additionally, Coast 

Guard assets will be on scene and they 

will also provide notice of the 

regulation to mariners. 

For the same reasons, 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. 

Background and Purpose 

Offshore Super Series Incorporated 

will sponsor an offshore powerboat race 

on the near-shore waters of St. 

Petersburg Beach, Florida, in the 

vicinity of the Don Cesar Hotel. The 

event is scheduled for November 16, 17, 

19, and 20, 2005 between 11 a.m. and 

5 p.m. EDT (Eastern Daylight Time). The 

event will host approximately 50 

participant vessels that travel at speeds 

in excess of 130 mph and approximately 

350 spectator craft. This regulation is 

needed to provide for the safety of life 

on the Navigable waters of the United 

States during the Offshore Super Series 

Boat Race on the near-shore waters of 

St. Petersburg Beach, Florida, in the 

vicinity of the Don Cesar Hotel. The 

anticipated concentration of spectator 

and participant vessels associated with 

the event poses a safety concern, which 

is addressed in this special local 

regulation. 

Discussion of Rule 

This rule includes a regulated area 

approximately 1,000 feet around the 

racecourse in all directions that 

prohibits all non-participant vessels and 

persons from entering the regulated area 

from 10:30 a.m. to 5:30 p.m. on 

November 16, 17, 19, and 20, 2005. This 

regulation is intended to provide for the 

safety of life on the navigable waters of 

the United States for event participants 

and for mariners traveling in the 

vicinity of the near-shore waters of St. 

Petersburg Beach, Florida, in the 

vicinity of the Don Cesar Hotel. 

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 

impact of this rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary because the safety 

zone will only be in effect for a limited 

period of time. Moreover, vessels may 

enter with the express permission of the 

Captain of the Port of St. Petersburg or 

his designated representative. 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit the nearshore waters of St. Petersburg Beach, 

Florida, in the vicinity of the Don Cesar 

Hotel from 10:30 a.m. to 5:30 p.m. on 

November 16, 17, 19, and 20, 2005. This 

regulated area will not have a significant 

economic impact on a substantial 

number of small entities as this rule will 

be in effect for a limited period of time 

in an area where vessel traffic is 

extremely low. Additionally, vessel 

traffic may be allowed to enter the 

regulated area with the expressed 

permission of the Captain of the Port of 

St. Petersburg or his designated 

representative. 

Assistance for Small Entities 

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. 

Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 68335 

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)(h), of the 

Instruction, from further environmental 

documentation. 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—MARINE EVENTS & 

REGATTAS 

■ 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. A new temporary section 100.35T–

07–116 is added to read as follows: 

§ 100.35T–07–116 Offshore Super Series 

Boat Race; St. Petersburg Beach, FL. 

(a) Regulated Area. The regulated area 

for the Offshore Super Series Boat Race 

encompasses all waters of St. Petersburg 

Beach, Florida in the vicinity of the Don 

Cesar Hotel, located within a line 

connecting the following points (NAD 

83): 

1: 27°43′26′′ N, 82°44′35′′ W; 

2: 27°43′37′′ N, 82°46′03′′ W; 

3: 27°43′12′′ N, 82°46′12′′ W; 

4: 27°41′27′′ N, 82°45′32′′ W. 

5: 27°41′14′′ N, 82°44′20′′ W; along the 

contour of the shore and returning 

to point 1. 

(b) Special local Regulations. Nonparticipant vessels and persons are 

prohibited from entering the Regulated 

Area as defined in paragraph (a) unless 

authorized by the Coast Guard Patrol 

Commander or their designated 

representative. 

(c) Enforcement Period. This rule will 

be enforced from 10:30 a.m. to 5:30 p.m. 

on November 16, 17, 19, and 20, 2005. 

(d) Effective Period. This rule is 

effective from 10:30 a.m. on November 

16, 2005 through 5:30 p.m. on 

November 20, 2005. 

Dated: October 28, 2005. 

D. B. Peterman, 

RADM, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 05–22390 Filed 11–9–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–05–049] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Elizabeth River, Eastern Branch, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulations that govern the operation 

of the Berkley Bridge across the Eastern 

Branch of the Elizabeth River, mile 0.4, 

in Norfolk, Virginia. The final rule will 

extend the morning and evening rush 

hour closure periods so that the 

morning rush hour period starts at 5 

a.m. and ends at 9 a.m., and the evening 

rush hour starts at 3 p.m. and ends at 

7 p.m., Monday through Friday, except 

Federal holidays. The rule will also 

reduce the deep-draft commercial vessel 

requirement to 18 feet and the advance 

notice period to 6 hours. This change 

will relieve vehicular traffic congestion 

during the weekday rush hours while 

still providing for the reasonable needs 

of navigation. 

DATES: This rule is effective December 

12, 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 CGD05–05–049 and are available 

for inspection or copying at Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004 between 8 

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

Friday, except Federal holidays. The 

Fifth Coast Guard District maintains the 

public docket for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On June 8, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Elizabeth River, Eastern 

Branch, VA’’ in the Federal Register (70 

FR 33405). We received two comments 

on the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

On behalf of the City of Norfolk, the 

Virginia Department of Transportation