Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59803

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. 

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)(g), of the 

Instruction, from further environmental 

documentation. This regulation 

establishes a safety zone. A final 

‘‘Environmental Analysis Check List’’

and a final ‘‘Categorical Exclusion 

Determination’’ are available in the 

docket where indicated under 

ADDRESSES.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add § 165.T05–135 to read as 

follows:

§ 165.T05–135 Safety Zone; Upper 

Chesapeake Bay, Patapsco and Severn 

Rivers, MD. 

(a) Definitions. (1) Captain of the Port. 

For the purposes of this section, the 

term Captain of the Port means the 

Commander, Coast Guard Activities 

Baltimore or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the 

Commander, Coast Guard Activities 

Baltimore to act on his or her behalf. 

(2) USS CONSTELLATION dead ship 

tow participants. For the purposes of 

this section, the term USS 

CONSTELLATION dead ship tow 

participants includes the USS 

CONSTELLATION, and its 

accompanying towing and predesignated emergency egress vessels. 

(b) Location. The following area is a 

moving safety zone: all waters of the 

Patapsco River (including the Inner 

Harbor and the Northwest Harbor), 

Chesapeake Bay and Severn River, from 

surface to bottom, within 200 yards 

ahead of and 100 yards outboard and aft 

of the historic sloop-of-war USS 

CONSTELLATION, while operating 

from Baltimore, Maryland to Annapolis, 

Maryland, and return. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in § 165.23 of this part. 

(2) Persons or vessels requiring entry 

into or passage through a safety zone 

must first request authorization from the 

Captain of the Port. The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF 

channels 16 and 13. The Captain of the 

Port can be contacted at (410) 576–2693. 

(3) No vessel movement is allowed 

within the safety zone unless expressly 

authorized by the Captain of the Port or 

his designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 5 p.m. 

local time on October 26, 2004, and 

from 7 a.m. to 5 p.m. local time on 

November 1, 2004.

Dated: September 23, 2004. 

Curtis A. Springer, 

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

Port, Baltimore, Maryland.

[FR Doc. 04–22505 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Francisco Bay 04–025] 

RIN 1625–AA00 

Safety Zone; San Francisco Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

SUMMARY: The Coast Guard is 

establishing a temporary fixed safety 

zone within the navigable waters 

adjacent to Alameda Point, San 

Francisco Bay, California, during the 

filming of a movie scene involving 

pyrotechnics. The safety zone is 

necessary to provide for the safety of 

mariners transiting in the vicinity of the 

filming location and for the safety of the 

actors and technicians working with the 

pyrotechnics. Persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this safety 

zone unless authorized by the Captain 

of the Port, or his designated 

representative.

59804 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

DATES: This rule is effective from 12 

p.m. September 30, 2004, to 12 p.m. on 

October 6, 2004.

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 

the docket [COTP San Francisco Bay 

04–025] and are available for inspection 

or copying at Coast Guard Marine Safety 

Office San Francisco Bay, Coast Guard 

Island, Alameda, California, 94501, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Ensign John Bannon, U.S. Coast Guard 

Marine Safety Office San Francisco Bay, 

at (510) 437–3082.

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. Logistical 

details surrounding the event were not 

finalized and presented to the Coast 

Guard in time to draft and publish an 

NPRM. As such the event would occur 

before the rulemaking process was 

complete. Any delay in implementing 

this rule would be contrary to the public 

interest since immediate action is 

necessary to temporarily close the area 

in order to protect the maritime public 

from the hazards associated with the 

pyrotechnics being used. 

For the same reasons stated above, 

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 

Three Strikes Productions is filming 

portions of an upcoming major motion 

picture in and around the Aircraft 

Carrier HORNET Museum located at 

Pier Three, Alameda Point, San 

Francisco Bay, California. The special 

effects include simulated fire and 

explosion scenes conducted in the 

waterway in the vicinity of the 

HORNET, between Piers Two and Three 

at Alameda Point. Set up of equipment 

and filming is scheduled to take place 

from September 30 to October 6, 2004. 

This temporary safety zone is necessary 

to protect the public, along with vessels 

and other property from the hazards 

associated with the event. 

Discussion of Rule 

The safety zone will encompass the 

navigable waters around and under the 

filming area, which is located between 

Piers Two and Three at Alameda Point, 

CA from September 30 to October 6, 

2004. Although actual filming will only 

occur during evening hours, the safety 

zone is required for the entire period to 

protect the equipment associated with 

the pyrotechnics and filming. The 

pyrotechnics featured in the scenes to 

be filmed at this location consist of 

burning propane to simulate a fire. The 

propane fire will be short in duration, 

and is not expected to impact the 

waterway or the marine environment. 

The safety zone will be located 

shoreward of a line drawn between 

Alameda Point Pier 2 in approximate 

position 37° 46′28.0′′ N, 122° 18′20.0′′ W 

and Alameda Point Pier 3 in 

approximate position 37° 46′20.0′ N, 

122° 18′19.0′′ W. Entry into, transit 

through or anchoring within the safety 

zone is prohibited, unless authorized by 

the Captain of the Port, or his 

designated representative. 

U.S. Coast Guard personnel will 

enforce this safety zone. Other Federal, 

State, or local law enforcement agencies 

may assist the Coast Guard, including 

the Coast Guard Auxiliary. Title 33, 

Code of Federal Regulations, Section 

165.23, prohibits any unauthorized 

person or vessel from entering or 

remaining in a safety zone. Vessels or 

persons violating this section may be 

subject to the penalties set forth in 33 

U.S.C. 1232 and 50 U.S.C. 192. Pursuant 

to 33 U.S.C. 1232, any violation of the 

safety zone described herein, is 

punishable by civil penalties (not to 

exceed $32,500 per violation, where 

each day of a continuing violation is a 

separate violation), criminal penalties 

(imprisonment from 5 to 10 years and a 

maximum fine of $250,000) and in rem 

liability against the offending vessel. 

Any person who violates this section 

using a dangerous weapon, or who 

engages in conduct that causes bodily 

injury or fear of imminent bodily injury 

to any officer authorized to enforce this 

regulation also faces imprisonment from 

10 to 25 years.

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). 

Although this safety zone will restrict 

boating traffic within San Francisco 

Bay, the effect of this regulation will not 

be significant as the safety zone will 

encompass only a small portion of the 

waterway and will be short in duration. 

The entities most likely to be affected 

are pleasure craft engaged in 

recreational activities. 

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. 

For the same reasons set forth in the 

above Regulatory Evaluation, the Coast 

Guard certifies under 5 U.S.C. § 605(b) 

that this rule is not expected to have a 

significant economic impact on a 

substantial number of entities, some of 

which may be small entities: The 

owners and operators of pleasure craft 

engaged in recreational activities and 

sightseeing. The safety zone will not 

have a significant economic impact on 

a substantial number of small entities 

for several reasons: Vessel traffic can 

pass safely around the area, vessels 

engaged in recreational activities and 

sightseeing have ample space outside of 

the safety zone to engage in these 

activities, and this zone will encompass 

only a small portion of the waterway for 

a limited period of time. The maritime 

public will be advised of the safety zone 

via public notice to mariners. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. If the rule will affect your small 

business, organization, or government 

jurisdiction and you have questions 

concerning its provisions, options for 

compliance, or assistance in 

understanding this rule, please contact 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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

Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59805

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. 

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)(g), of the 

Instruction, from further environmental 

documentation because we are 

establishing a safety zone. 

A final ‘‘Environmental Analysis 

Checklist’’ and a final ‘‘Categorical 

Exclusion Determination’’ will be 

available for review in the docket 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation 

(water), Reports and recordkeeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add § 165.T11–043 to read as 

follows:

§ 165.T11–043 Safety Zone: San Francisco 

Bay, CA. 

(a) Location. The safety zone will 

encompass the navigable waters of San 

Francisco Bay shoreward of a line 

located between Alameda Point Pier 

Two in approximate position 

37°46′28.0′′ N, 122°18′20.0′′ W, and 

Alameda Point Pier Three in 

approximate position 37°46′20.0′′ N, 

122°18′19.0′′ W. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.23 

of this part, entry into, transit through, 

or anchoring within this zone is 

prohibited unless authorized by the 

Captain of the Port or his designated 

representative. 

(2) Persons desiring to transit the area 

of the safety zone may contact the 

Captain of the Port at telephone number 

415–399–3547 or on VHF-FM channel 

16 (156.8 Mhz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

the Port or his designated 

representative. 

(c) Enforcement. All persons and 

vessels must comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. Patrol personnel 

comprise of commissioned, warrant, 

and petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel shall 

proceed as directed. 

(d) Effective Dates. The safety zone 

becomes effective at 12 p.m. on

59806 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

September 30, 2004, and will remain in 

effect until October 6, 2004. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of the safety 

zone and will announce that fact via 

Broadcast Notice to Mariners.

Dated: September 24, 2004. 

Gordon A. Loebl, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, San Francisco Bay, 

California.

[FR Doc. 04–22508 Filed 10–5–04; 8:45 am] 

BILLING CODE 4910–15–U

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Jacksonville 04–093] 

RIN 1625–AA00 

Safety Zone; St. Johns River, 

Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary fixed safety 

zone on the St. Johns River, 

Jacksonville, FL, for the Navy Sea and 

Sky Spectacular. The safety zone is 

needed to protect boaters from the 

hazards associated with high speed, low 

flying, aircraft participating in flight 

demonstrations during the Air Show. 

Anchoring, mooring, or transiting 

within this zone is prohibited, unless 

authorized by the Captain of the Port, 

Jacksonville, FL.

DATES: This rule is effective from noon 

on October 28, 2004, through 4 p.m. on 

October 31, 2004.

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket, are part of docket [COTP 

Jacksonville 04–093] and are available 

for inspection and copying at Coast 

Guard Marine Safety Office Jacksonville, 

7820 Arlington Expressway, Suite 400, 

Jacksonville, Florida, 32211, between 8 

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

Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Carol Swinson at Coast 

Guard Marine Safety Office Jacksonville, 

FL, tel: (904) 232–2640, ext. 155.

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 a NRPM. Publishing 

a NPRM, which would incorporate a 

comment period before a final rule 

could be issued, and delaying the rule’s 

effective date is contrary to public safety 

because immediate action is necessary 

to protect the public and waters of the 

United States. Moreover, a NPRM is 

unnecessary due to the limited amount 

of time this rule will be in effect. 

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. The 

Coast Guard will issue a broadcast 

notice to mariners and may place Coast 

Guard vessels in the vicinity of this 

zone to advise mariners of the 

restriction. 

Background and Purpose 

The Coast Guard is establishing a 

temporary fixed safety zone on the St. 

Johns River, Jacksonville, FL. The safety 

zone will be enforced during the 2004 

Jacksonville Sea and Sky Spectacular, 

from noon until 4 p.m. October 28, 

2004, through October 31, 2004. The 

safety zone is needed to protect boaters 

from the hazards associated with high 

speed, low flying, aircraft participating 

in flight demonstrations during the Air 

Show. The safety zone will originate at 

position 30°14′37′′ N, 081°39′45′′ W, and 

extend east to 30°14′37′′ N, 

081°38′00′′ W, then south to 30°13′41′′ N, 

081°38′00′′ W, then west to 30°13′41′′ N, 

081°39′48′′ W, then back to the original 

point. Anchoring, mooring, or transiting 

within this zone is prohibited, unless 

authorized by the Captain of the Port, 

Jacksonville, FL. 

Regulatory Evaluation 

This regulation 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 cost 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has exempted it from review 

under the order. It is not significant 

under the regulatory policies and 

procedures of the Department of 

Homeland Security (DHS) because these 

regulations will only be in effect for a 

short period of time, and the impacts on 

routine navigation are expected to be 

minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

‘‘Small entities’’ include small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

field, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 

section 5 U.S.C. 605(b) that this rule 

will not have a significant economic 

impact upon a substantial number of 

small entities because the regulation 

will only be enforced for approximately 

four hours each day it is in effect and 

the public will be made aware of the 

closure times via broadcast notices to 

mariners. The impact on routine 

navigation is expected to be minimal 

because vessel traffic is not excessive at 

that part of the river and traffic may be 

granted permission to enter the zone by 

the Captain of the Port or his 

representative if the situation allows.

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

the rule will affect your small business, 

organization, or government jurisdiction 

and you have questions concerning its 

provisions or options for compliance, 

please contact the person listed under 

FOR FURTHER INFORMATION CONTACT for 

assistance in understanding this rule. 

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 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.