64546 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 

(A) File the completed original of the 

form (NAFTA APO Form C) and three 

(3) copies with the Commission 

Secretary; and 

(B) File four (4) copies of the 

completed NAFTA APO Form C with 

the United States Secretary. 

(iii) Any person described in 

paragraph (c)(5)(i) of this section must 

submit a new application for a 

protective order at the commencement 

of a panel review.

* * * * *

(e) Retention of protective orders; 

service list. The Commission Secretary 

shall retain, in a public file, copies of 

applications granted, including any 

updates thereto, and protective orders 

issued under this section, including 

protective orders filed in accordance 

with paragraph (b)(6)(ii) of this section. 

The Secretary shall establish a list of 

persons authorized to receive 

proprietary information in a review, 

including parties whose applications 

have been granted.

* * * * *

By Order of the Commission.

Issued: November 1, 2004. 

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 04–24704 Filed 11–4–04; 8:45 am] 

BILLING CODE 7020–02–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–124405–03] 

RIN 1545–BC13

Optional 10-Year Writeoff of Certain 

Tax Preferences; Hearing

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Notice of public hearing on 

proposed rulemaking. 

SUMMARY: This document contains a 

notice of public hearing on proposed 

regulations relating to the optional 10-

year writeoff of certain tax preference 

items under section 59(e).

DATES: The public hearing is being held 

on December 7, 2004, at 10 a.m. The IRS 

must receive outlines of the topics to be 

discussed at the hearing by November 

30, 2004.

ADDRESSES: The public hearing is being 

held in the Room 4415, Internal 

Revenue Building, 1111 Constitution 

Avenue, NW., Washington, DC. 

Mail outlines to: CC:PA:LPD:PR 

(REG–124405–03), room 5203, Internal 

Revenue Service POB 7604, Ben 

Franklin Station, Washington, DC 

20044. Submissions may be handdelivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–124405–03), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC or sent 

electronically, via the IRS Internet site 

at http://www.irs.gov/regs or via the 

Federal eRulemaking Portal at http://

www.regulations.gov (IRS–REG–

124405–03).

FOR FURTHER INFORMATION CONTACT:

Concerning submissions of comments, 

the hearing, and/or to be placed on the 

building access list to attend the hearing 

LaNita Van Dyke, (202) 622–7180 (not a 

toll-free number).

SUPPLEMENTARY INFORMATION: 

The subject of the public hearing is 

the notice of proposed regulations 

(REG–124405–03) that was published in 

the Federal Register on Tuesday, July 

20, 2004 (69 FR 43367). 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who have 

submitted written comments and wish 

to present oral comments at the hearing 

must submit an outline of the topics to 

be discussed and the amount of time to 

be devoted to each topic (signed original 

and eight copies) by November 30, 2004. 

A period of 10 minutes is allotted to 

each person for presenting oral 

comments. After the deadline for 

receiving outlines has passed, the IRS 

will prepare an agenda containing the 

schedule of speakers. Copies of agenda 

will be made available, free of charge, at 

the hearing. Because of access 

restrictions, the IRS will not admit 

visitors beyond the immediate entrance 

area more than 30 minutes before the 

hearing. For information about having 

your name placed on the building 

access list to attend the hearing, see the 

FOR FURTHER INFORMATION CONTACT

section of this document.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Associate Chief Counsel, Legal 

Processing Division (Procedures and 

Administration).

[FR Doc. 04–24755 Filed 11–2–04; 1:53 pm] 

BILLING CODE 4830–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110

[CGD11–04–005] 

RIN 1625–AA01

Special Anchorage Regulations; Long 

Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes the 

establishment of three special anchorage 

areas in Long Beach, California where 

vessels less than 20 meters 

(approximately 65 feet) in length, and 

barges, canal boats, scows, or other 

nondescript craft, would not be required 

to sound signals required by Rule 35 of 

the Inland Navigation Rules. The 

intended effect of these special 

anchorages is to reduce the risk of vessel 

collisions within the harbors of Los 

Angeles and Long Beach by grouping 

unmanned barges, which typically do 

not sound signals in reduced visibility, 

within specified areas and indicating 

these designated areas on charts. Vessels 

moored in these areas would not have 

to sound signals in restricted visibility.

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 4, 2005.

ADDRESSES: You may mail comments 

and related material to Commanding 

Officer, Coast Guard Marine Safety 

Office/Group Los Angeles-Long Beach, 

1001 South Seaside Avenue, Building 

20, San Pedro, California, 90731. The 

Port Operations Department maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Marine Safety 

Office/Group Los Angeles-Long Beach, 

1001 South Seaside Avenue, Building 

20, San Pedro, California, 90731, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Ryan Manning, USCG, Chief 

of Waterways Management Division, at 

(310) 732–2020.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 64547

this rulemaking (CGD11–04–005), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Marine 

Safety Office/Group Los Angeles-Long 

Beach at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

The Coast Guard proposes to establish 

three new special anchorage areas in 

Long Beach outer harbor. A ‘‘special 

anchorage’’ is an area on the water 

where vessels less than 20 meters 

(approximately 65 feet) in length, and 

barges, canal boats, scows, or other 

nondescript craft, are not required to 

sound signals required by rule 35 of the 

Inland Navigation Rules, codified at 33 

U.S.C. 2035. The proposed regulations 

would reconfigure existing anchorages 

to reflect current use of the anchorage 

grounds. Currently, the primary users of 

these anchorages are unmanned barges, 

with the majority of them being longterm users. By establishing these areas 

as special anchorages, these barges 

would not be required to sound signals 

in restricted visibility as prescribed in 

Rule 35 of the Inland Navigation Rules. 

The anchorages are depicted on the 

local charts, are well removed from 

fairways and are located where general 

navigation will not endanger or be 

endangered by unmanned barges not 

sounding signals in restricted visibility. 

The proposed new special anchorages 

would also require modifications to two 

existing anchorage grounds found in 33 

CFR 110.214. 

Discussion of Proposed Rule 

The Coast Guard proposes to establish 

three new special anchorage areas as 

follows: (B–1) Long Beach outer harbor 

along east side of Pier 400, (C–1) Long 

Beach outer harbor between Island 

Freeman and Island Chaffee, and (E–1) 

Long Beach outer harbor northwest of 

Island Freeman. The vessels 

traditionally moored in these locations 

are unmanned barges that have been 

moored for long periods of time. The 

proposed rule would exempt these 

vessels from having to sound signals 

during periods of reduced visibility. The 

proposed regulation would also modify 

two existing anchorage grounds found 

in 33 CFR 110.214. 

Regulatory Evaluation

This proposed 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). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This proposal will 

impose no cost on vessel operators, and 

have minimal impact to vessel traffic. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule will possibly affect 

the following entities, some of which 

may be small entities: The owners and 

operators of private and commercial 

vessels intending to transit or anchor in 

the affected area. The impact to these 

entities would not, however, be 

significant since this zone will 

encompass only a small portion of the 

waterway and vessels can safely 

navigate around the anchored vessels. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Lieutenant 

Ryan Manning, Chief of Waterways 

Management Division, at (310) 732–

2020.

Collection of Information 

This proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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. 

64548 Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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)(f), of the 

Instruction, from further environmental 

documentation because we are 

proposing to create a special anchorage 

area. 

A draft ‘‘Environmental Analysis 

Check List’’ and a draft ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. Comments on this section 

will be considered before we make the 

final decision on whether the rule 

should be categorically excluded from 

further environmental review.

List of Subjects in 33 CFR Part 110

Anchorage grounds.

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 110 as follows:

PART 110—ANCHORAGE 

REGULATIONS 

1. The authority citation for part 110 

continues to read as follows:

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, and 2071; 33 CFR 1.05–

1(g). Department of Homeland Security 

Delegation No. 0170.1.

2. Amend § 110.100 by adding 

paragraphs (c) through (f) to read as 

follows:

§ 110.100 Los Angeles and Long Beach 

Harbors, CA

* * * * *

(c) Area B–1. Long Beach outer harbor 

along east side of Pier 400 beginning at 

latitude 33°44′22.8′′ N., longitude 

118°13′51.0′′ W.; thence south to 

latitude 33°43′54.5′′ N., longitude 

118°13′50.0′′ W.; thence southwesterly 

to latitude 33°43′46.0′′ N., longitude 

118°14′13.6′′ W.; thence northwesterly 

to latitude 33°44′15.3′′ N., longitude 

118°14′26.6′′ W.; thence northeasterly to 

latitude 33°44′25.1′′ N., longitude 

118°14′15.6′′ W.; thence easterly to the 

beginning point. 

(d) Area C–1. Long Beach outer harbor 

between Island Freeman and Island 

Chaffee beginning at latitude 

33°44′20.0′′ N., longitude 118°08′26.2′′

W.; thence west to latitude 33°44′23.5′′

N., longitude 118°09′32.6′′ W.; thence 

north to latitude 33°44′52.8′′ N., 

longitude 118°09′33.2′′ W.; thence 

southeast to latitude 33°44′25.5′′ N., 

longitude 118°08′26.2′′ W.; thence south 

to the beginning point. 

(e) Area E–1. Long Beach outer harbor 

northwest of Island Freeman beginning 

at latitude 33°44′55.0′′ N., longitude 

118°09′40.0′′ W.; thence southwesterly 

to latitude 33°44′37.0′′ N., longitude 

118°09′48.5′′ W.; thence northwesterly 

to latitude 33°44′52.0′′ N., longitude 

118°10′32.0′′ W.; thence north to 

latitude 33°45′11.0′′ N., longitude 

118°10′32.0′′ W. 

(f) Restrictions. Special anchorage 

areas B–1, C–1, and E–1 are reserved for 

barges on mooring balls, unless 

otherwise authorized by the Captain of 

the Port Los Angeles-Long Beach. 

3. Revise § _110.214 (b)(2) and (b)(5) 

to read as follows:

§ 110.214 Los Angeles and Long Beach 

Harbors, CA

* * * * *

(b) * * *

(b)(2) Commercial Anchorage B (Long 

Beach Harbor). An area enclosed by a 

line joining the following coordinates:

Latitude Longitude 

Beginning point .............................................................................................................................................. 33°44′37.0′′ N. 118°13′00.0′′ W. 

Thence south/southeast to ............................................................................................................................ 33°44′12.0′′ N. 118°12′36.2′′ W. 

Thence southeast to ...................................................................................................................................... 33°43′38.2′′ N. 118°11′36.9′′ W. 

Thence southwest to ..................................................................................................................................... 33°43′26.1′′ N. 118°11′47.2′′ W. 

Thence west to .............................................................................................................................................. 33°43′26.1′′ N. 118°12′22.7′′ W. 

Thence west/southwest to ............................................................................................................................. 33°42′58.9′′ N. 118°13′53.0′′ W. 

Thence north/northwest to ............................................................................................................................ 33°43′46.0′′ N. 118°14′13.6′′ W. 

Thence east/northeast to .............................................................................................................................. 33°43′54.5′′ N. 118°13′50.0′′ W. 

Thence north to ............................................................................................................................................. 33°44′22.8′′ N. 118°13′51.0′′ W. 

Thence east/northeast to the beginning point. 

Federal Register / Vol. 69, No. 214 / Friday, November 5, 2004 / Proposed Rules 64549

* * * * * (b)(5) Commercial Anchorage E (Long 

Beach Harbor). An area enclosed by a 

line joining the following coordinates:

Latitude Longitude 

Beginning point .............................................................................................................................................. 33°44′37.0′′ N. 118°09′48.5′′ W. 

Thence southwest to ..................................................................................................................................... 33°44′18.5′′ N. 118°09′56.8′′ W. 

Thence west to .............................................................................................................................................. 33°44′18.5′′ N. 118°10′27.2′′ W. 

Thence northwest to ...................................................................................................................................... 33°44′27.6′′ N. 118°10′41.0′′ W. 

Thence west/northwest to ............................................................................................................................. 33°44′29.0′′ N. 118°10′57.4′′ W. 

Thence north/northwest to ............................................................................................................................ 33°45′06.4′′ N. 118°11′09.5′′ W. 

Thence northeast to ...................................................................................................................................... 33°45′15.2′′ N. 118°10′46.1′′ W. 

Thence southeast to ...................................................................................................................................... 33°45′11.0′′ N. 118°10′32.0′′ W. 

Thence south to ............................................................................................................................................ 33°44′52.0′′ N. 118°10′32.0′′ W. 

Thence southeast to the beginning point. 

* * * * *

Dated: October 25, 2004. 

Kevin J. Eldridge, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District.

[FR Doc. 04–24687 Filed 11–4–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110

[CGD11–04–007] 

RIN 1625–AA01

Anchorage Regulations; San Pedro 

Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

enlarge the current anchorage area 

outside the federal breakwater of the 

Port of Los Angeles and Long Beach, 

CA. This rule is necessary to 

accommodate vessels of increasing size 

than what can currently be anchored in 

the existing anchorages. The anchorage 

area would be able to accommodate the 

largest of the vessels calling on the Ports 

of Los Angeles and Long Beach.

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 4, 2005.

ADDRESSES: You may mail comments 

and related material to Commanding 

Officer, Coast Guard Marine Safety 

Office/Group Los Angeles-Long Beach, 

1001 South Seaside Avenue, Building 

20, San Pedro, California 90731. The 

Port Operations Department maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Marine Safety 

Office and Group Los Angeles-Long 

Beach, 1001 South Seaside Avenue, 

Building 20, San Pedro, California, 

90731, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Ryan Manning, USCG, Chief 

of Waterways Management Division, at 

(310) 732–2020.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD11–04–007), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this proposed rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Marine 

Safety Office/Group Los Angeles-Long 

Beach at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

Ships of increasing size are calling on 

the Port of Los Angeles and Long Beach. 

While in an anchorage area, these larger 

ships require watch circles of 1500 

yards in diameter. Currently, the 

anchorage area outside the federal 

breakwater is made up of watch circles 

1000 yards in diameter. An increase in 

the anchorage boundary would allow us 

to add three additional anchorages for 

vessels with watch circles of 1500 yards 

in diameter. 

Discussion of Proposed Rule 

The proposed regulations would 

increase the size of the current 

commercial anchorage area outside the 

federal breakwater off of the Port of Los 

Angeles and Long Beach by relocating 

the southwest corner approximately one 

nautical mile southeast. The traffic 

separation scheme will not be affected 

by this increased anchorage area.

Regulatory Evaluation 

This proposed 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). 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This proposal will 

impose no cost on vessel operators, and 

have minimal impact to vessel traffic. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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