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Federal Register / Vol. 71, No.

130 / Friday, July 7, 2006 / Rules and Regulations 38517

SUMMARY: This action amends VOR number of small entities under the ACTION: Final rule; correction.
Federal Airway V–431, Alaska. criteria of the Regulatory Flexibility Act.
Specifically, the FAA is re-designating SUMMARY: This document makes a
List of Subjects in 14 CFR Part 71 correction to the final rule published in
V–431 as V–593 because the V–431
designation is a duplicate number in the Airspace, Incorporation by reference, the Federal Register on June 21, 2006
National Airspace System (NAS) and is Navigation (air). (71 FR 35760). That rule changed the
causing problems with the Flight Data airman medical certification standards
Adoption of the Amendment to disqualify an airman based on an
processors during route validation at the
Anchorage Air Route Traffic Control ■ In consideration of the foregoing, the alcohol test result of 0.04 or greater
Center. Federal Aviation Administration breath alcohol concentration (BAC) or a
amends 14 CFR part 71 as follows: refusal to take a drug or alcohol test
DATES: Effective Date: 0901 UTC, required by the Department of
September 28, 2006. Transportation (DOT) or a DOT agency.
PART 71—DESIGNATION OF CLASS A,
FOR FURTHER INFORMATION CONTACT: Ken B, C, D, AND E AIRSPACE AREAS; AIR DATES: These amendments become
McElroy, Airspace and Rules, Office of TRAFFIC SERVICE ROUTES; AND effective July 21, 2006.
System Operations and Safety, Federal REPORTING POINTS FOR FURTHER INFORMATION CONTACT:
Aviation Administration, 800
Sherry M. de Vries, (202) 267–8693.
Independence Avenue, SW., ■ 1. The authority citation for part 71
Washington, DC 20591; telephone: (202) continues to read as follows: Correction
267–8783. Authority: 49 U.S.C. 106(g), 40103, 40113, In the final rule FR Doc. E6–9814, on
SUPPLEMENTARY INFORMATION: 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– page 35765, correct the second
1963 Comp., p. 389. paragraph from the bottom of the second
The Rule
column to read as follows:
This action amends Title 14 Code of § 71.1 [Amended]
Federal Regulations (14 CFR) part 71 by ■ 2. The incorporation by reference in Appendix J to Part 121 [Corrected]
re-designating V–431 as V–593 because 14 CFR 71.1 of FAA Order 7400.9O, ■ 22. Amend section V of Appendix J to
the V–431 designation is duplicated in Airspace Designations and Reporting Part 121 by revising paragraph D.1 to
the NAS and causes problems with the Points, dated September 1, 2006, and read as follows and removing and
Flight Data processors during route effective September 16, 2006, is reserving paragraph D.2:
validation at Anchorage Air Route amended as follows:
Traffic Control Center. The route D. Notice of Refusals
number change will coincide with the Paragraph 6010(b)) Alaskan VOR Federal 1. Each covered employer must notify the
effective date of this rulemaking action. Airways. FAA within 2 working days of any employee
Since this action merely involves * * * * * who holds a certificate issued under part 61,
editorial change in the route number of part 63, or part 65 of this chapter who has
V–431 [Remove]
the legal description of a Federal refused to submit to a drug test required
* * * * * under this appendix. Notification must be
Airway, and does not involve a change
V–593 [New] sent to: Federal Aviation Administration,
in the dimensions or operating Office of Aerospace Medicine, Drug
requirements of that airway, notice and From Sisters Island, AK, INT Sisters Island Abatement Division (AAM–800), 800
public procedure under 5 U.S.C. 553(b) 204° and Biorka Island 355° radials; Biorka Independence Avenue, SW., Washington, DC
are unnecessary. Island, AK. 20591, or by fax to (202) 267–5200.
Alaskan VOR Federal Airways are * * * * * * * * * *
published in paragraph 6010(b) of FAA Issued in Washington, DC, on June 29,
Order 7400.9O dated September 1, 2006, Issued in Washington, DC, on June 30,
2006. 2006.
and effective September 16, 2006, which Edith V. Parish,
is incorporated by reference in 14 CFR Brenda D. Courtney,
Manager, Airspace and Rules. Acting Director, Office of Rulemaking.
71.1. The Federal Airways listed in this
document will be published [FR Doc. E6–10676 Filed 7–6–06; 8:45 am] [FR Doc. E6–10588 Filed 7–6–06; 8:45 am]
subsequently in the Order. BILLING CODE 4910–13–P BILLING CODE 4910–13–P
The FAA has determined that this
regulation only involves an established
body of technical regulations for which DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF HOMELAND
frequent and routine amendments are Federal Aviation Administration SECURITY
necessary to keep them operationally
current. Therefore, this regulation: (1) Is Coast Guard
14 CFR Part 121
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not [Docket No.: FAA–2004–19835: Amendment 33 CFR Part 100
a ‘‘significant rule’’ under Department of No. 61–114, 63–34, 65–47, 67–19, 91–291, [CGD 07–06–107]
Transportation (DOT) Regulatory 121–325, 135–105]
Policies and Procedures (44 FR 11034; RIN 1625–AA08
February 26, 1979); and (3) does not RIN 2120–AH82
warrant preparation of a regulatory Special Local Regulations: Suncoast
Disqualification for Airman and Airman Offshore Grand Prix; Gulf of Mexico,
evaluation as the anticipated impact is Medical Certificate Holders Based on
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so minimal. Since this is a routine Sarasota, FL


Alcohol Violations or Refusals to
matter that will only affect air traffic Submit to Drug and Alcohol Testing; AGENCY: Coast Guard, DHS.
procedures and air navigation, it is Correction ACTION: Temporary final rule.
certified that this proposed rule, when
promulgated, will not have a significant AGENCY:Federal Aviation SUMMARY: This rule temporarily
economic impact on a substantial Administration (FAA), DOT. suspends the permanent special local

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38518 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations

regulations for the Suncoast Offshore Background and Purpose The term ‘‘small entities’’ comprises
Challenge and the Suncoast Offshore The Annual Suncoast Offshore small businesses, not-for-profit
Grand Prix in the Gulf of Mexico near Challenge and Annual Offshore Grand organizations that are independently
Sarasota, Florida. By existing permanent Prix in the Gulf of Mexico near Sarasota, owned and operated and are not
special local regulations, these two race Florida are governed by permanent dominant in their fields, and
events have nearly identical course and regulations at 33 CFR 100.719 and 33 governmental jurisdictions with
time characteristics, however one event CFR 100.720, respectively, and are populations of less than 50,000.
is held annually on the first Saturday of normally held on the first Saturday and The Coast Guard certifies under 5
July and the other event is held Sunday of July between 10 a.m. and 4 U.S.C. 605(b) that this rule would not
annually on the first Sunday of July. p.m. Event coordinators have decided to have a significant economic impact on
This year, the sponsor has decided to combine the two events to take place on a substantial number of small entities.
combine the events into a single day, Sunday, July 2, 2006, between 10 a.m. This rule may affect the following
reduce the length of the racecourse, and and 5 p.m. Event coordinators are also entities, some of which may be small
modify the times of the event. reducing the length of the racecourse entities: The owners and operators of
Therefore, this rule also adds new which would allow for Big Sarasota Pass vessels intending to transit near to shore
temporary special local regulations to channel to remain open during the at Lido Key in Sarasota, FL in the
account for the changes and provide for event. vicinity of Big Sarasota Pass and New
the safety of life for the participating Pass annually from 10 a.m. to 5 p.m. on
Discussion of Rule the first Sunday in July. This rule would
vessels, spectators, and mariners on the
navigable waters of the United States This temporary rule is necessary to not have a significant economic impact
during the event. accommodate the rescheduling of the on a substantial number of small entities
Annual Suncoast Offshore Challenge since it will be in effect for a limited
DATES: This rule is effective from 10 onto the date of the Annual Suncoast time in an area where vessel traffic is
a.m. until 5 p.m. on July 2, 2006. Offshore Grand Prix race date and to limited.
ADDRESSES: Documents indicated in this modify the regulated area to account for
Assistance for Small Entities
preamble as being available in the changes in the length of the racecourse.
This rule will temporarily suspend 33 Under section 213(a) of the Small
docket are part of docket [CGD 07–06–
CFR 100.719 and 33 CFR 100.720, and Business Regulatory Enforcement
107] and are available for inspection or
temporarily add a new regulation, 33 Fairness Act of 1996 (Pub. L. 104–121),
copying at Coast Guard Sector St. we want to assist small entities in
Petersburg, Prevention Department, 155 CFR 100.T07–107, which is a
combination of the suspended understanding this rule so that they can
Columbia Drive, Tampa, Florida 33606– better evaluate its effects on them and
regulations. The Coordinates of the
3598 between 7:30 a.m. and 3:30 p.m., participate in the rulemaking. If the rule
regulated area will be modified to reflect
Monday through Friday, except Federal would affect your small business,
a reduced length in the racecourse and
holidays. organization, or governmental
the opening of Big Sarasota Pass to
FOR FURTHER INFORMATION CONTACT: vessel traffic, which is blocked under jurisdiction and you have questions
Lieutenant Junior Grade Jennifer the existing special local regulations. concerning its provisions or options for
Andrew at Coast Guard Sector St. This temporary regulation will be in compliance, please contact the person
Petersburg, Prevention Department, effect from 10 a.m. until 5 p.m. on July identified in the FOR FURTHER
(813) 228–2191, Ext. 8307. 2, 2006. INFORMATION CONTACT. The Coast Guard
will not retaliate against small entities
SUPPLEMENTARY INFORMATION: Regulatory Evaluation
that question or complain about this
Regulatory Information This rule is not a ‘‘significant rule or any policy or action of the Coast
regulatory action’’ under section 3(f) of Guard.
We did not publish a notice of Executive Order 12866, Regulatory
Planning and Review, and does not Collection of Information
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the require an assessment of potential costs This rule would call for no new
Coast Guard finds that good cause exists and benefits under section 6(a)(3) of that collection of information under the
for not publishing an NPRM. The exact Order. The Office of Management and Paperwork Reduction Act of 1995 (44
location and dimensions of the race area Budget has not reviewed it under that U.S.C. 3501–3520).
were not provided to the Coast Guard Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of Federalism
with sufficient time to publish an
NPRM. Publishing an NPRM and the Department of Homeland Security A rule has implications for federalism
delaying its effective date would be (DHS). under Executive Order 13132,
contrary to the public interest since We expect the economic impact of Federalism, if it has a substantial direct
immediate action is needed to minimize this rule to be so minimal that a full effect on State or local governments and
Regulatory Evaluation under the would either preempt State law or
potential danger to the public transiting
regulatory policies and procedures of impose a substantial direct cost of
the area.
DHS is unnecessary. The regulation compliance on them. We have analyzed
For the same reasons, under 5 U.S.C. would be in effect for a limited time and this rule under that Order and have
553(d)(3), the Coast Guard finds that is located in an area where vessel traffic determined that it does not have
good cause exists for making this rule is limited. implications for federalism.
effective less than 30 days after
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publication in the Federal Register. The Small Entities Unfunded Mandates Reform Act
Coast Guard will issue a broadcast Under the Regulatory Flexibility Act The Unfunded Mandates Reform Act
notice to mariners and will place Coast (5 U.S.C. 601–612), we have considered of 1995 (2 U.S.C. 1531–1538) requires
Guard or local law enforcement vessels whether this rule would have a Federal agencies to assess the effects of
in the vicinity of this area to advise significant economic impact on a their discretionary regulatory actions. In
mariners of the restriction. substantial number of small entities. particular, the Act addresses actions

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Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations 38519

that may result in the expenditure by a U.S.C. 272 note) directs agencies to use § 100.720 [Suspended]
State, local, or tribal government, in the voluntary consensus standards in their ■ 3. From 10 a.m. until 5 p.m. on
aggregate, or by the private sector of regulatory activities unless the agency Sunday, July 2, 2006, suspend
$100,000,000 or more in any one year. provides Congress, through the Office of § 100.720.
Though this rule would not result in Management and Budget, with an ■ 4. From 10 a.m. until 5 p.m. on
such an expenditure, we do discuss the explanation of why using these Sunday, July 2, 2006, add a new
effects of this rule elsewhere in this standards would be inconsistent with temporary § 100.T07–107 to read as
preamble. applicable law or otherwise impractical. follows:
Taking of Private Property Voluntary consensus standards are
technical standards (e.g., specifications § 100.T07–107 Suncoast Offshore Grand
This rule would not effect a taking of of materials, performance, design, or Prix; Gulf of Mexico, Sarasota, FL.
private property or otherwise have operation; test methods; sampling (a) Regulated Area. The regulated area
taking implications under Executive procedures; and related management encompasses all waters within the
Order 12630, Governmental Actions and systems practices) that are developed or following positions (All coordinates
Interference with Constitutionally adopted by voluntary consensus referenced use datum: NAD 83):
Protected Property Rights. standards bodies. 27°19′47″ N, 82°35′28″ W
Civil Justice Reform This rule does not use technical 27°19′47″ N, 82°36′23″ W
standards. Therefore, we did not 27°15′39″ N, 82°36′23″ W
This rule meets applicable standards
27°15′39″ N, 82°32′43″ W
in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus
27°17′53″ N, 82°33′59″ W
Order 12988, Civil Justice Reform, to standards.
27°19′47″ N, 82°35′28″ W
minimize litigation, eliminate
Environment (b) Spectator Area. The spectator area
ambiguity, and reduce burden.
is established within the following
Protection of Children We have analyzed this rule under positions (All coordinates referenced
Commandant Instruction M16475.lD, use datum: NAD 83):
We have analyzed this rule under which guides the Coast Guard in
Executive Order 13045, Protection of complying with the National 27°18′19″ N, 82°36′13″ W
Children from Environmental Health 27°16′53″ N, 82°35′58″ W
Environmental Policy Act of 1969
Risks and Safety Risks. This rule is not 27°16′56″ N, 82°35′35″ W
(NEPA) (42 U.S.C. 4321–4370f), and
an economically significant rule and 27°18′23″ N, 82°35′48″ W
have concluded that there are no factors
would not create an environmental risk (c) Race Area. The race area is
in this case that would limit the use of
to health or risk to safety that might established within the following
a categorical exclusion under section
disproportionately affect children. positions (All coordinates referenced
2.B.2 of the Instruction. Therefore, this
Indian Tribal Governments rule is categorically excluded, under use datum: NAD 83):
figure 2–1, paragraph (34)(h) of the 27°16′30″ N, 82°35′17″ W
This rule does not have tribal
Instruction from further environmental 27°16′30″ N, 82°35′02″ W
implications under Executive Order
documentation. Special local 27°18′17″ N, 82°34′45″ W
13175, Consultation and Coordination
regulations issued in conjunction with a 27°18′53″ N, 82°35′01″ W
with Indian Tribal Governments,
marine event permit are specifically 27°18′47″ N, 82°35′39″ W
because it would not have a substantial
direct effect on one or more Indian excluded from further analysis and (d) Special local regulations. (1) The
tribes, on the relationship between the documentation under those sections. regulated area as defined in paragraph
Federal Government and Indian tribes, Under figure 2–1, paragraph (34)(h), (a) is an idle speed, ‘‘no wake’’ zone.
or on the distribution of power and of the Instruction, an ‘‘Environmental (2) Vessels may transit but may not
responsibilities between the Federal Analysis Check List’’ is not required for loiter within the regulated area as
Government and Indian tribes. this rule. defined in paragraph (a), but may not
transit within 1,000 feet of the race area
Energy Effects List of Subjects in 33 CFR Part 100 as defined in paragraph (c).
We have analyzed this rule under (3) Anchoring for spectators will be
Marine safety, Navigation (water), permitted within the spectator area only
Executive Order 13211, Actions
Reporting and recordkeeping as defined in paragraph (b).
Concerning Regulations That
requirements, Waterways. (4) All vessel traffic not involved with
Significantly Affect Energy Supply,
Distribution, or Use. We have ■ For the reasons discussed in the the Suncoast Offshore Grand Prix,
determined that it is not a ‘‘significant preamble, the Coast Guard amends 33 entering and exiting New Pass between
energy action’’ under that order because CFR part 100 as follows: 10 a.m. and 5 p.m. EDT must exit at
it is not a ‘‘significant regulatory action’’ New Pass Channel day beacon #3
under Executive Order 12866 and is not PART 100—MARINE EVENTS & (27°26′28″ N, 82°41′42″ W, LLNR 18100)
likely to have a significant adverse effect REGATTAS and #4 (27°26′24″ N, 82°41′41″ W, LLNR
on the supply, distribution, or use of 18105), and must proceed in a northerly
energy. The Administrator of the Office ■ 1. The authority citation for part 100 direction, taking action to avoid a close-
of Information and Regulatory Affairs continues to read as follows: quarters situation until finally past and
has not designated it as a significant clear of the racecourse. All coordinates
Authority: 33 U.S.C. 1233; Department of referenced use datum: NAD 83.
energy action. Therefore, it does not
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Homeland Security Delegation No. 0170.1.


require a Statement of Energy Effects (5) All vessel traffic not involved with
under Executive Order 13211. § 100.719 [Suspended] the Suncoast Offshore Grand Prix,
entering and exiting Big Sarasota Pass
Technical Standards ■ 2. From 10 a.m. until 5 p.m. on Channel will be allowed to transit only
The National Technology Transfer Sunday, July 2, 2006, suspend within the marked channel at Big
and Advancement Act (NTTAA) (15 § 100.719. Sarasota Pass Channel, taking action to

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38520 Federal Register / Vol. 71, No. 130 / Friday, July 7, 2006 / Rules and Regulations

avoid a close-quarters situation until Regulatory Information regulated area will be in effect and the
finally past and clear of the racecourse. On May 1, 2006, we published a extensive advance notifications that will
(6) Entry within the race area as notice of proposed rulemaking (NPRM) be made to the maritime community via
defined in paragraph (c) is prohibited entitled Special Local Regulations for marine information broadcasts, local
for all vessels not officially registered Marine Events; Pamlico River, commercial radio stations and area
with the sponsor and displaying colored Washington, NC in the Federal Register newspapers so mariners can adjust their
pennants to aid in their identification. (71 FR 25523). We received no letters plans accordingly.
(e) Effective Period. This section will commenting on the proposed rule. No Small Entities
be enforced from 10 a.m. until 5 p.m. public meeting was requested, and none
EDT, Sunday, July 2, 2006. was held. Under the Regulatory Flexibility Act
Dated: June 20, 2006. (5 U.S.C. 601–612), we considered
Background and Purpose whether this rule would have a
D.W. Kunkel,
On August 4 and August 6, 2006, significant economic impact on a
RADM, U.S. Coast Guard, Commander,
Seventh Coast Guard District. Super Boat International Productions substantial number of small entities.
will sponsor the ‘‘SBIP—Fountain The term ‘‘small entities’’ comprises
[FR Doc. E6–10584 Filed 7–6–06; 8:45 am]
Powerboats Kilo Run and Super Boat small businesses, not-for-profit
BILLING CODE 4910–15–P
Grand Prix’’, on the Pamlico River, near organizations that are independently
Washington, North Carolina. The event owned and operated and are not
DEPARTMENT OF HOMELAND will consist of approximately 40 high- dominant in their fields, and
speed powerboats racing in heats along governmental jurisdictions with
SECURITY
a 5-mile oval course on August 4 and 6, populations of less than 50,000.
Coast Guard 2006. Preliminary speed trials along a The Coast Guard certifies under 5
straight one-kilometer course will be U.S.C. 605(b) that this rule will not have
33 CFR Part 100 conducted on August 4, 2006. a significant economic impact on a
Approximately 20 boats will participate substantial number of small entities.
[CGD05–06–033] in the speed trials. Approximately 100 This rule will affect the following
spectator vessels will gather nearby to entities, some of which may be small
RIN 1625–AA08 view the speed trials and the race. If entities: the owners or operators of
either the speed trials or races are vessels intending to transit this section
Special Local Regulations for Marine postponed due to weather, they will be of the Pamlico River, Washington, North
Events; Pamlico River, Washington, held the next day. During the speed Carolina during the event.
NC trials and the races, vessel traffic will be This rule will not have a significant
temporarily restricted to provide for the economic impact on a substantial
AGENCY: Coast Guard, DHS. safety of participants, spectators and number of small entities for the
ACTION: Temporary final rule. transiting vessels. following reasons. This rule will be
SUMMARY: The Coast Guard is Discussion of Comments and Changes enforced for only a short period, from
establishing temporary special local 6:30 a.m. to 12:30 p.m. on August 4,
The Coast Guard did not receive
regulations for the ‘‘SBIP—Fountain 2006, and from 10:30 a.m. to 4:30 p.m.
comments in response to the notice of
Powerboats Kilo Run and Super Boat on August 6, 2006. Affected waterway
proposed rulemaking (NPRM) published
Grand Prix’’, a marine event to be held users may pass safely around the
in the Federal Register. Accordingly,
August 4 and August 6, 2006, on the the Coast Guard is establishing regulated area with approval from the
waters of the Pamlico River, near temporary special local regulations on patrol commander. Before the
Washington, North Carolina. These specified waters of the Pamlico River, enforcement period, we will issue
special local regulations are necessary to Washington, North Carolina. maritime advisories so mariners can
provide for the safety of life on adjust their plans accordingly.
navigable waters during the event. This Regulatory Evaluation
Assistance for Small Entities
action is intended to restrict vessel This rule is not a ‘‘significant
traffic in portions of the Pamlico River regulatory action’’ under section 3(f) of Under section 213(a) of the Small
during the event. Executive Order 12866 and does not Business Regulatory Enforcement
require an assessment of potential costs Fairness Act of 1996 (Pub. L. 104–121),
DATES: This rule is effective from 6:30
and benefits under section 6(a)(3) of that we want to assist small entities in
a.m. on August 4, 2006 to 4:30 p.m. on
Order. The Office of Management and understanding this rule so that they can
August 6, 2006.
Budget has not reviewed it under that better evaluate its effects on them and
ADDRESSES: Documents indicated in this participate in the rulemaking process.
preamble as being available in the Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of Small businesses may send comments
docket, are part of docket (CGD05–06– on the actions of Federal employees
033) and are available for inspection or the Department of Homeland Security
(DHS). who enforce, or otherwise determine
copying at Commander (dpi), Fifth compliance with, Federal regulations to
We expect the economic impact of
Coast Guard District, 431 Crawford the Small Business and Agriculture
this temporary rule to be so minimal
Street, Portsmouth, Virginia 23704– Regulatory Enforcement Ombudsman
that a full Regulatory Evaluation under
5004, between 9 a.m. and 2 p.m., and the Regional Small Business
the regulatory policies and procedures
Monday through Friday, except Federal Regulatory Fairness Boards. The
of DHS is unnecessary.
holidays.
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Although this regulation prevents Ombudsman evaluates these actions


FOR FURTHER INFORMATION CONTACT: traffic from transiting a portion of the annually and rates each agency’s
Dennis Sens, Project Manager, Pamlico River, near Washington, North responsiveness to small business. If you
Inspections and Investigations Branch, Carolina during the event, the effect of wish to comment on actions by
at (757) 398–6204. this regulation will not be significant employees of the Coast Guard, call 1–
SUPPLEMENTARY INFORMATION: due to the limited duration that the 888–REG–FAIR (1–888–734–3247).

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