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Federal Register / Vol. 71, No.

69 / Tuesday, April 11, 2006 / Rules and Regulations 18213

(2) Before using any AMOC approved in 5000, and Class E airspace areas Points, dated September 1, 2005, and
accordance with 14 CFR 39.19 on any designated as surface areas in paragraph effective September 16, 2005, is
airplane to which the AMOC applies, notify 6002, of FAA Order 7400.9N dated amended as follows:
the appropriate principal inspector in the
September 1, 2005, and effective
FAA Flight Standards Certificate Holding * * * * *
District Office. September 16, 2005, which is
incorporated by reference in 14 CFR Paragraph 5000 Class D airspace.
Issued in Renton, Washington, on April 4, 71.1. The Class D and Class E airspace * * * * *
2006. designations listed in this document
Kalene C. Yanamura, will be published subsequently in the AGL MN D Camp Ripley, MN [New]
Acting Manager, Transport Airplane Order. Camp Ripley, Ray S. Miller Army Airfield,
Directorate, Aircraft Certification Service. MN
[FR Doc. 06–3437 Filed 4–10–06; 8:45 am]
The Rule (Lat. 46°05′28″ N., long. 94°21′38″ W.)
BILLING CODE 4910–13–P This amendment to 14 CFR part 71 That airspace extending upward from the
establishes Class D airspace at Camp surface to and including 3,700 feet MSL
Ripley, MN, and establishes Class E within a 3.9-mile radius of the Ray S. Miller
Army Airfield. This Class D airspace area is
DEPARTMENT OF TRANSPORTATION airspace at Camp Ripley, MN, to effective during the specific dates and times
accommodate aircraft executing established in advance by a Notice to
Federal Aviation Administration instrument flight procedures into and Airmen. The effective date and time will
out of Ray S. Miller Army Airfield. The thereafter be continuously published in the
14 CFR Part 71 area will be depicted on appropriate Airport/Facility Directory.
[Docket No. FAA–2005–22472; Airspace aeronautical charts. * * * * *
Docket No. 05–AGL–08] The FAA has determined that this
regulation only involves an established Paragraph 6002 Class E airspace designated
as surface areas.
Establishment of Class D Airspace; body of technical regulations for which
Camp Ripley, MN; Establishment of frequent and routine amendments are * * * * *
Class E Airspace; Camp Ripley, MN necessary to keep them operationally AGL MN E2 Camp Ripley, MN [New]
curent. Therefore, this regulation—(1) is Camp Ripley, Ray S. Miller Army Airfield,
AGENCY: Federal Aviation
not a ‘‘significant regulatory action’’ MN
Administration (FAA), DOT.
under Executive Order 12866; (2) is not (Lat. 46°05′28″ N., long. 94°21′38″ W.)
ACTION: Final rule. a ‘‘significant rule’’ under DOT Within a 3.9-mile radius of the Ray S.
SUMMARY: This action establishes Class Regulatory Policies and Procedures (44 Miller Army Airfield. This Class E
D airspace at Camp Ripley, MN, and FR 11034; February 26, 1979); and does airspace area is effective during the
establishes Class E airspace at Camp not warrant preparation of a Regulatory specific dates and times established in
Ripley, MN. This action establishes a Evaluation as the anticipated impact is advance by a Notice to Airmen. The
radius of Class D airspace, and so minimal. Since this is a routine effective date and time will thereafter be
establishes a radius of Class E airspace matter that will only affect air traffic continuously published in the Airport/
for Ray S. Miller Army Airfield. procedures and air navigation, it is Facility Directory.
DATES: Effective Date: 0901 UTC, June 8,
certifield that this rule will not have a
significant economic impact on a * * * * *
2006.
substantial number of small entities Issued in Des Plaines, Illinois, on March
FOR FURTHER INFORMATION CONTACT: 22, 2006.
under the criteria of the Regulatory
Steve Davis, FAA Terminal Operations, Nancy B. Kort,
Flexibility Act.
Central Service Office, Airspace and
Area Director, Central Terminal Operations.
Procedures Branch, AGL–530, 2300 East List of Subjects in 14 CFR Part 71
[FR Doc. 06–3426 Filed 4–10–05; 8:45 am]
Devon Avenue, Des Plaines, Illinois Airspace, Incorporation by reference, BILLING CODE 4910–13–M
60018, telephone (847) 294–7131. Navigation (air).
SUPPLEMENTARY INFORMATION:
Adoption of the Amendment
History DEPARTMENT OF HOMELAND
■ In consideration of the foregoing, the SECURITY
On Monday, October 31, 2005, the
Federal Aviation Administration
FAA proposed to amend 14 CFR part 71
amends 14 CFR part 71 as follows: Coast Guard
to establish Class D airspace, and
establish Class E airspace at Camp PART 71—DESIGNATION OF CLASS A,
Ripley, MN (70 FR 62257). The proposal 33 CFR Part 100
CLASS B, CLASS C, CLASS D, AND
was to establish Class D airspace, and CLASS E AIRSPACE AREAS; [CGD05–06–007]
establish Class E airspace extending AIRWAYS; ROUTES, AND REPORTING RIN 1625–AA08
upward from the surface of the earth to POINTS
contain Instrument Flight Rules (IFR) Special Local Regulations for Marine
operations in controlled airspace during ■ 1. The authority citation for part 71
Events; Severn River, College Creek,
portions of the terminal operation and continues to read as follows:
Weems Creek and Carr Creek,
while transiting between the enroute Authority: 49 U.S.C. 106(g), 40103, 40113, Annapolis, MD
and terminal environments. 40120; E.O. 10854, 24 FR 95665, 3 CFR,
Interested parties were invited to 1959–1963 Comp., p. 389. AGENCY: Coast Guard, DHS.
participate in this rulemaking ACTION: Final rule.
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proceeding by submitting written § 71.1 [Amended]


comments on the proposal to the FAA. ■ 2. The incorporation by reference in SUMMARY: The Coast Guard is
No comments objecting to the proposal 14 CFR 71.1 of the Federal Aviation permanently modifying the regulated
were received. Class D airspace Administration Order 7400.9N, area defined in 33 CFR 100.518, and is
designations are published in paragraph Airspace Designations and Reporting temporarily amending 33 CFR 100.518

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18214 Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations

to accommodate 2006 date changes for days and if the event’s daily activities Small Entities
the Safety at Sea Seminar, U.S. Naval should conclude prior to 6 p.m., Under the Regulatory Flexibility Act
Academy Crew Races and the Blue enforcement of this regulation may be (5 U.S.C. 601–612), we have considered
Angels Air Show. This rule is intended terminated earlier on that day at the whether this rule would have a
to restrict vessel traffic in portions of the discretion of the Patrol Commander. significant economic impact on a
Severn River, to provide for safety of life The U.S. Naval Academy, who is the substantial number of small entities.
on navigable waters during these events. sponsor for all of these events, intends The term ‘‘small entities’’ comprises
DATES: The suspension of § 100.518 and to hold them annually on the dates small businesses, not-for-profit
the addition of temporary § 100.35– provided in 33 CFR 100.518; however, organizations that are independently
T05–007 are effective from March 25, in 2006 this is not possible. To owned and operated and are not
2006 through June 1, 2006. The accommodate the availability of the dominant in their fields, and
amendments to § 100.518 are effective various marine event participants, new governmental jurisdictions with
on June 2, 2006. dates were necessary to conduct the populations of less than 50,000.
ADDRESSES: Comments and material events. The Coast Guard will The Coast Guard certifies under 5
received from the public, as well as temporarily amend 33 CFR 100.518 to U.S.C. 605(b) that this rule will not have
documents indicated in this preamble as reflect the 2006 schedule. a significant economic impact on a
being available in the docket, are part of substantial number of small entities.
33 CFR 100.518 will also be
docket [CGD05–06–007] and are This rule would affect the following
permanently amended to reflect changes
available for inspection or copying at entities, some of which might be small
in the regulated area. The northwest
Commander (oax), Fifth Coast Guard entities: The owners or operators of
boundary of the regulated area is
District, 431 Crawford Street, vessels intending to transit or anchor in
bounded by a line approximately 1300
Portsmouth, Virginia 23704–5004 a portion of the Severn River during the
yards north and parallel with the U.S.
between 9 a.m. and 2 p.m., Monday event.
50 Severn River Bridge. The southeast This rule would not have a significant
through Friday, except Federal holidays. boundary of the regulated area is economic impact on a substantial
FOR FURTHER INFORMATION CONTACT: extended approximately 1100 yards to number of small entities for the
Dennis M. Sens, Project Manager, the south to a point 700 yards east of following reasons. It merely changes the
Auxiliary and Recreational Boating Chinks Point, MD. The adjustments to dates on which the existing regulations
Safety Branch, at (757) 398–6204. the regulated area have been made to will be enforced and modifies the
SUPPLEMENTARY INFORMATION: accommodate the aerobatic boundaries of the regulated area. It does
maneuvering area for the Blue Angels not impose any additional restrictions
Regulatory Information
Air Show and encompass the rowing on vessel traffic.
On February 9, 2006, we published a course for Naval Academy Crew Races. If you think that your business,
notice of proposed rulemaking (NPRM) The temporary rule also reflects these organization, or governmental
entitled ‘‘Special Local Regulations for new regulated area boundaries. jurisdiction qualifies as a small entity
Marine Events; Severn River, College and that this rule would have a
Creek, Weems Creek and Carr Creek, Discussion of Comments and Changes
significant economic impact on it,
Annapolis, MD’’ in the Federal Register No comments were received in please submit a comment (see
(71 FR 6715). We received no letters response to the notice of proposed ADDRESSES) explaining why you think it
commenting on the proposed rule. No rulemaking (NPRM) published in the qualifies and how and to what degree
public meeting was requested, and none Federal Register. Minor stylistic this rule would economically affect it.
was held. No other documents were changes have been made and the
published as part of this rulemaking. Assistance for Small Entities
modified boundaries have been made
Under 5 U.S.C. 553(d)(3), the Coast permanent. Under section 213(a) of the Small
Guard finds that good cause exists for Business Regulatory Enforcement
making this rule effective less than 30 Regulatory Evaluation Fairness Act of 1996 (Pub. L. 104–121),
days after publication in the Federal we offered to assist small entities in
Register because the first event will take This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of understanding the rule so that they
place on March 25, 2006 and because could better evaluate its effects on them
the former boundaries of the regulated Executive Order 12866, Regulatory
Planning and Review, and does not and participate in the rulemaking
area are inadequate to protect the process.
public. These regulations are needed to require an assessment of potential costs
Small businesses may send comments
provide for the safety of life on and benefits under section 6(a)(3) of that
on the actions of Federal employees
navigable waters during the events. Order. The Office of Management and
who enforce, or otherwise determine
Budget has not reviewed it under that
Background and Purpose compliance with, Federal regulations to
Order. It is not ‘‘significant’’ under the
the Small Business and Agriculture
For 2006, the Coast Guard is regulatory policies and procedures of
Regulatory Enforcement Ombudsman
temporarily amending 33 CFR 100.518 the Department of Homeland Security
and the Regional Small Business
to accommodate changes to the (DHS).
Regulatory Fairness Boards. The
enforcement period for U.S. Naval We expect the economic impact of Ombudsman evaluates these actions
Academy sponsored marine events. The this rule to be so minimal that a full annually and rates each agency’s
dates for the marine events for 2006 will Regulatory Evaluation under the responsiveness to small business. If you
be: the Safety at Sea Seminar on April regulatory policies and procedures of wish to comment on actions by
1, 2006, the U.S. Naval Academy crew DHS is unnecessary. This action merely employees of the Coast Guard, call 1–
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races on March 25, April 15, April 22, establishes the dates on which the 888–REG–FAIR (1–888–734–3247).
April 23, May 12 and May 28, 2006; and existing regulations would be enforced
the Blue Angels air show on May 23 and and modifies the boundaries of the Collection of Information
May 24, 2006. The events will be regulated area. It does not impose any This rule calls for no new collection
enforced from 5 a.m. to 6 p.m. on those additional restrictions on vessel traffic. of information under the Paperwork

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Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations 18215

Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects ■ For the reasons discussed in the
3520). We have analyzed this rule under preamble, the Coast Guard will amend
Executive Order 13211, Actions 33 CFR part 100 as follows:
Federalism
Concerning Regulations That PART 100—SAFETY OF LIFE ON
A rule has implications for federalism Significantly Affect Energy Supply,
under Executive Order 13132, NAVIGABLE WATERS
Distribution, or Use. We have
Federalism, if it has a substantial direct determined that it is not a ‘‘significant ■ 1. The authority citation for part 100
effect on State or local governments and energy action’’ under that order because continues to read as follows:
would either preempt State law or it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C. 1233; Department of
impose a substantial direct cost of under Executive Order 12866 and is not Homeland Security Delegation No. 0170.1.
compliance on them. We have analyzed likely to have a significant adverse effect ■ 2. Revise § 100.518, paragraphs (a)(1)
this rule under that Order and have on the supply, distribution, or use of and (c)(1) introductory text to read as
determined that it does not have energy. The Administrator of the Office follows:
implications for federalism. of Information and Regulatory Affairs
Unfunded Mandates Reform Act has not designated it as a significant § 100.518 Severn River, College Creek,
energy action. Therefore, it does not Weems Creek and Carr Creek, Annapolis,
The Unfunded Mandates Reform Act require a Statement of Energy Effects Maryland.
of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. (a) Regulated area. (1) The regulated
Federal agencies to assess the effects of area is established for the waters of the
Technical Standards Severn River from shoreline to
their discretionary regulatory actions. In
particular, the Act addresses actions The National Technology Transfer shoreline, bounded to the northwest by
that may result in the expenditure by a and Advancement Act (NTTAA) (15 a line drawn from the south shoreline at
State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use latitude 39°00′38.9″ N., longitude
aggregate, or by the private sector of voluntary consensus standards in their 076°31′05.2″ W. thence to the north
$100,000,000 or more in any one year. regulatory activities unless the agency shoreline at latitude 39°00′54.7″ N.,
Though this rule will not result in such provides Congress, through the Office of longitude 076°30′44.8″ W., this line is
an expenditure, we do discuss the Management and Budget, with an approximately 1300 yards northwest of
effects of this rule elsewhere in this explanation of why using these the U.S. 50 fixed highway bridge. The
preamble. standards would be inconsistent with regulated area is bounded to the
applicable law or otherwise impractical. southeast by a line drawn from the
Taking of Private Property Voluntary consensus standards are Naval Academy Light at latitude
This rule will not effect a taking of technical standards (e.g., specifications 38°58′39.5″ N., longitude 076°28′49″ W.
private property or otherwise have of materials, performance, design, or thence southeast to a point 700 yards
taking implications under Executive operation; test methods; sampling east of Chinks Point, MD at latitude
Order 12630, Governmental Actions and procedures; and related management 38°58′1.9″ N., longitude 076°28′1.7″ W.
Interference with Constitutionally systems practices) that are developed or thence northeast to Greenbury Point at
Protected Property Rights. adopted by voluntary consensus latitude 38°58′29″ N., longitude
standards bodies. 076°27′16″ W. All coordinates reference
Civil Justice Reform This rule does not use technical Datum NAD 1983.
This rule meets applicable standards standards. Therefore, we did not * * * * *
in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus (c) Enforcement period. (1) This
Order 12988, Civil Justice Reform, to standards. section will be enforced during, and 30
minimize litigation, eliminate Environment minutes before each of the following
ambiguity, and reduce burden. annual events:
We have analyzed this rule under * * * * *
Protection of Children Commandant Instruction M16475.lD,
which guides the Coast Guard in § 100.518 [Suspended]
We have analyzed this rule under complying with the National
Executive Order 13045, Protection of ■ 3. From March 25, 2006 through June
Environmental Policy Act of 1969 1, 2006, suspend § 100.518.
Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and ■ 4. From March 25, 2006 through June
Risks and Safety Risks. This rule is not have concluded that there are no factors
an economically significant rule and 1, 2006, add temporary § 100.35–T05–
in this case that would limit the use of 007 to read as follows:
does not create an environmental risk to a categorical exclusion under section
health or risk to safety that may 2.B.2 of the Instruction. Therefore, this § 100.35–T05–007 Severn River, College
disproportionately affect children. rule is categorically excluded, under Creek, Weems Creek and Carr Creek,
figure 2–1, paragraph (34)(h), of the Annapolis, Maryland.
Indian Tribal Governments
Instruction, from further environmental (a) Regulated area. (1) The regulated
This rule does not have tribal documentation. area is established for the waters of the
implications under Executive Order Under figure 2–1, paragraph (34)(h), Severn River from shoreline to
13175, Consultation and Coordination of the Instruction, an ‘‘Environmental shoreline, bounded to the northwest by
with Indian Tribal Governments, Analysis Check List’’ and a ‘‘Categorical a line drawn from the south shoreline at
because it does not have a substantial Exclusion Determination’’ are not latitude 39°00′38.9″ N., longitude
direct effect on one or more Indian required for this rule. 076°31′05.2″ W. thence to the north
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tribes, on the relationship between the shoreline at latitude 39°00′54.7″ N.,


Federal Government and Indian tribes, List of Subjects in 33 CFR Part 100 longitude 076°30′44.8″ W., this line is
or on the distribution of power and Marine safety, Navigation (water), approximately 1300 yards northwest of
responsibilities between the Federal Reporting and recordkeeping the U.S. 50 fixed highway bridge. The
Government and Indian tribes. requirements, Waterways. regulated area is bounded to the

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18216 Federal Register / Vol. 71, No. 69 / Tuesday, April 11, 2006 / Rules and Regulations

southeast by a line drawn from the Dated: March 23, 2006. provided, unless the comment includes
Naval Academy Light at latitude Larry L. Hereth, Confidential Business Information (CBI)
38°58′39.5″ N., longitude 076°28′49″ W. Rear Admiral, U.S. Coast Guard, Commander, or other information whose disclosure is
thence southeast to a point 700 yards Fifth Coast Guard District. restricted by statute. Information that
east of Chinks Point, MD at latitude [FR Doc. 06–3422 Filed 4–10–06; 8:45 am] you consider CBI or otherwise protected
38°58′1.9″ N., longitude 076°28′1.7″ W. BILLING CODE 4910–15–P should be clearly identified as such and
thence northeast to Greenbury Point at should not be submitted through
latitude 38°58′29″ N., longitude www.regulations.gov or e-mail.
076°27′16″ W. All coordinates reference ENVIRONMENTAL PROTECTION WWW.regulations.gov is an
Datum NAD 1983. AGENCY ‘‘anonymous access’’ system, and EPA
(b) Definitions. (1) Coast Guard Patrol will not know your identity or contact
Commander means a commissioned, 40 CFR Part 52 information unless you provide it in the
warrant, or petty officer of the Coast body of your comment. If you send e-
Guard who has been designated by the [EPA–R09–OAR–2006–0171; FRL–8053–2]
mail directly to EPA, your e-mail
Commander, Coast Guard Sector Revisions to the California State address will be automatically captured
Baltimore. Implementation Plan, San Joaquin and included as part of the public
(2) Official Patrol means any vessel
Valley Unified Air Pollution Control comment. If EPA cannot read your
assigned or approved by Commander,
District and South Coast Air Quality comment due to technical difficulties
Coast Guard Sector Baltimore with a
Management District and cannot contact you for clarification,
commissioned, warrant, or petty officer
EPA may not be able to consider your
on board and displaying a Coast Guard AGENCY: Environmental Protection comment.
ensign. Agency (EPA).
(c) Special local regulations. (1) ACTION: Direct final rule.
Docket: The index to the docket for
Except for persons or vessels authorized this action is available electronically at
by the Coast Guard Patrol Commander, SUMMARY: EPA is taking direct final http://www.regulations.gov and in hard
no person or vessel may enter or remain action to approve revisions to the San copy at EPA Region IX, 75 Hawthorne
in the regulated area. Joaquin Valley Unified Air Pollution Street, San Francisco, California. While
(2) The operator of any vessel in the Control District (SJVUAPCD) and South all documents in the docket are listed in
immediate vicinity of the regulated area Coast Air Quality Management District the index, some information may be
shall: (SCAQMD) portions of the California publicly available only at the hard copy
(i) Stop the vessel immediately when State Implementation Plan (SIP). These location (e.g., copyrighted material), and
directed to do so by any Official Patrol revisions concern particulate matter some may not be publicly available in
and then proceed only as directed. (PM–10) emissions from open burning either location (e.g., CBI). To inspect the
(ii) All persons and vessels shall and volatile organic compound (VOC) hard copy materials, please schedule an
comply with the instructions of the emissions from gasoline storage and appointment during normal business
Official Patrol. transfer. We are approving local rules hours with the contact listed in the FOR
(3) Any spectator vessel may anchor that regulate these emission sources FURTHER INFORMATION CONTACT section.
outside of the regulated area specified in under the Clean Air Act as amended in
paragraph (a)(1) of this section but may FOR FURTHER INFORMATION CONTACT: Al
1990 (CAA or the Act). Petersen, EPA Region IX, (415) 947–
not block a navigable channel.
DATES: This rule is effective on June 12, 4118, petersen.alfred@epa.gov.
(d) Enforcement period. (1) This
section will be enforced from 5 a.m. to 2006 without further notice, unless EPA
receives adverse comments by May 11, SUPPLEMENTARY INFORMATION:
6 p.m. on the following days and if the Throughout this document, ‘‘we’’ ‘‘us’’
event’s daily activities should conclude 2006. If we receive such comments, we
will publish a timely withdrawal in the and ‘‘our’’ refer to EPA.
prior to 6 p.m., enforcement of this
section may be terminated for that day Federal Register to notify the public Table of Contents
at the discretion of the Patrol that this direct final rule will not take I. The State’s Submittal
Commander. Enforcement will be effect. A. What rules did the State submit?
during, and 30 minutes before each of ADDRESSES: Submit comments, B. Are there other versions of these rules?
the following annual events: identified by docket number EPA–R09– C. What is the purpose of the submitted
(i) Safety at Sea Seminar, April 1, OAR–2006–0171, by one of the rule revisions?
following methods: II. EPA’s Evaluation and Action
2006; A. How is EPA evaluating the rules?
(ii) Naval Academy Crew Races, • Federal eRulemaking Portal: http://
B. Do the rule revisions meet the
March 25, April 15, April 22, April 23, www.regulations.gov. Follow the on-line evaluation criteria?
May 12 and May 28, 2006; instructions. C. Public comment and final action
(iii) Blue Angels Air Show, May 23 • E-mail: steckel.andrew@epa.gov. III. Statutory and Executive Order Reviews
and May 24, 2006. • Mail or deliver: Andrew Steckel
(2) The Commander, Fifth Coast (Air–4), U.S. Environmental Protection I. The State’s Submittal
Guard District will publish a notice in Agency Region IX, 75 Hawthorne Street, A. What Rules Did the State Submit?
the Fifth Coast Guard District Local San Francisco, CA 94105.
Notice to Mariners announcing the Instructions: All comments will be Table 1 lists the rules we are
specific event times. included in the public docket without approving with the dates that the
(e) Effective period. This section is change and may be made available amended rules were adopted by the
effective from March 25, 2006 through online at http://www.regulations.gov, local air agencies and submitted by the
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June 1, 2006. including any personal information California Air Resources Board (CARB).

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