45052 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 

AIRAC date State City Airport FDC No. FDC date Subject 

26–Aug–10 .. MS BAY ST LOUIS ........... STENNIS INTL ............................... 0/8347 6/28/10 RNAV (GPS) RWY 18, 

ORIG 

26–Aug–10 .. MS BAY ST LOUIS ........... STENNIS INTL ............................... 0/8348 6/28/10 VOR A, AMDT 7 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8648 7/6/10 RNAV (GPS) RWY 6L, 

AMDT 1 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8649 7/6/10 ILS OR LOC/DME RWY 

24R, AMDT 4 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8650 7/6/10 ILS OR LOC RWY 28, 

AMDT 23A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8652 7/6/10 CONVERGING ILS RWY 

24R, ORIG 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8653 7/6/10 CONVERGING ILS RWY 

28, ORIG-A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8659 7/6/10 ILS PRM RWY 6L (SIM 

CLOSE PARALLEL), 

ORIG-B 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8660 7/6/10 ILS PRM RWY 24R (SIM 

CLOSE PARALLEL), 

ORIG-A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8661 7/6/10 LDA/DME RWY 6R, 

AMDT 1 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8662 7/6/10 LDA/DME RWY 24L, 

AMDT 1 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8663 7/6/10 LDA PRM RWY 6R (SIM 

CLOSE PARALLEL), 

AMDT 1A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8664 7/6/10 LDA PRM RWY 24L (SIM 

CLOSE PARALLEL), 

ORIG-A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8665 7/6/10 RNAV (GPS) RWY 6R, 

AMDT 2 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8666 7/6/10 ILS OR LOC RWY 6R, 

AMDT 20A 

26–Aug–10 .. OH CLEVELAND ............... CLEVELAND-HOPKINS INTL ....... 0/8667 7/6/10 ILS OR LOC RWY 6L, 

AMDT 2A 

26–Aug–10 .. ND GRAND FORKS .......... GRAND FORKS INTL .................... 0/8718 7/1/10 RNAV (GPS) RWY 17R, 

ORIG-A 

26–Aug–10 .. OH LEBANON ................... LEBANON-WARREN COUNTY .... 0/8781 7/1/10 RNAV (GPS) RWY 1, 

ORIG-B 

26–Aug–10 .. NY HORNELL ................... HORNELL MUNI ............................ 0/8923 7/1/10 VOR/DME A, AMDT 4 

26–Aug–10 .. NY HORNELL ................... HORNELL MUNI ............................ 0/8924 7/1/10 GPS RWY 36, ORIG-A 

26–Aug–10 .. NY HORNELL ................... HORNELL MUNI ............................ 0/8926 7/1/10 GPS RWY 18, ORIG-A 

26–Aug–10 .. MI GRAND RAPIDS ......... GERALD R. FORD INTL ............... 0/9017 7/1/10 RADAR-1, AMDT 10B 

26–Aug–10 .. CA SAN JOSE .................. NORMAN Y. MINETA SAN JOSE 

INTL.

0/9024 7/1/10 TAKEOFF MINIMUMS 

AND OBSTACLE DP, 

AMDT 6A 

26–Aug–10 .. WV LEWISBURG ............... GREENBRIER VALLEY ................. 0/9026 7/6/10 VOR RWY 4, AMDT 1 

26–Aug–10 .. WV LEWISBURG ............... GREENBRIER VALLEY ................. 0/9027 7/6/10 ILS OR LOC RWY 4, 

AMDT 10 

26–Aug–10 .. ND DEVILS LAKE ............. DEVILS LAKE RGNL ..................... 0/9343 7/1/10 VOR RWY 13, ORIG-A 

26–Aug–10 .. CO LAMAR ........................ LAMAR MUNI ................................ 0/9666 7/6/10 RNAV (GPS) RWY 18, 

AMDT 1 

[FR Doc. 2010–18744 Filed 7–30–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734 and 748 

[Docket No. 100707291–0292–01] 

RIN 0694–AE94 

The Jurisdictional Scope of 

Commodity Classification 

Determinations and Advisory Opinions 

Issued by the Bureau of Industry and 

Security 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: In this interim final rule, the 

Bureau of Industry and Security (BIS) 

amends the Export Administration 

Regulations (EAR) to clarify that 

commodity classification 

determinations and advisory opinions 

BIS issues or has issued under the EAR 

are not and may not be relied upon as 

U.S. Government determinations that 

the items described therein are subject 

to the EAR, as opposed to the 

jurisdiction of another U.S. Government 

agency. 


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Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 45053 

DATES: This rule is effective August 2, 

2010. Comments must be received 

October 1, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE94, by any of 

the following methods: 

• Federal e-Rulemaking Portal: 

www.Regulations.gov. Please follow the 

instructions for submitting comments. 

• E-mail: 

publiccomments@bis.doc.gov Include 

‘‘RIN 0694–AE94’’ in the subject line of 

the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 

• Mail or Hand Delivery/Courier: 

Sheila Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE94. 

Send comments regarding the collection 

of information associated with this rule, 

including suggestions for reducing the 

burden to Jasmeet Seehra, Office of 

Management and Budget (OMB), by 

e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AE94)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Quarterman, Bureau of Industry 

and Security, Office of Exporter 

Services, Regulatory Policy Division, by 

phone at (202) 482–2440 or by fax (202) 

482–3355. 

SUPPLEMENTARY INFORMATION: 

Background 

BIS has jurisdiction over only those 

items and activities that are ‘‘subject to 

the EAR’’ as described in §§ 734.2(a) and 

734.3(a) of the EAR. Items that are 

exclusively controlled for export or 

reexport by another agency of the U.S. 

Government are not ‘‘subject to the 

EAR.’’ 15 CFR 734.3(b)(1). If an item is 

exclusively subject to the jurisdiction of 

another agency, for example, the 

Department of State’s Directorate of 

Defense Trade Controls (DDTC), the 

Department of the Treasury’s Office of 

Foreign Assets Controls (OFAC), the 

U.S. Nuclear Regulatory Commission 

(NRC), the Department of Energy (DOE), 

or the Patent and Trademark Office 

(PTO), then one must comply with the 

regulations administered by that agency 

and need not consider the provisions of 

the EAR. 15 CFR 732.2(a)(1) and 

734.3(b)(1). In order to determine 

whether an item is ‘‘subject to the EAR’’ 

or whether the item is subject to the 

exclusive export control jurisdiction of 

another U.S. government agency, a 

person is entitled to make jurisdictional 

determinations with respect to 

particular items based on a review of the 

relevant regulations. A person may also 

seek and receive official guidance from 

the other U.S. Government agencies 

regarding whether an item is subject to 

the exclusive export control jurisdiction 

of such agencies. In particular, DDTC 

has a process by which one may seek 

and receive a ‘‘commodity jurisdiction’’ 

(CJ) determination whether an item is 

subject to the International Traffic in 

Arms Regulations (ITAR). 22 CFR 120.4. 

Unlike the ITAR, the EAR does not 

provide authority to make commodity 

jurisdiction determinations. Rather, as 

described in § 748.3(a) of the EAR, an 

exporter or other party may request that 

BIS provide (i) an official 

determination—called a ‘‘commodity 

classification’’—of which, if any, of the 

EAR’s Export Control Classification 

Numbers (ECCNs) describe the items 

subject to the request and (ii) advisory 

opinions, which are official guidance 

regarding how BIS interprets the EAR. 

ECCNs are the numbers and letters that 

identify items on the EAR’s list of items 

controlled for export and reexport, and 

are found in the Commerce Control List 

(CCL) in Supplement No. 1 to Part 774 

of the EAR. No other agency of the U.S. 

Government has the authority to issue 

determinations about the ECCN that 

applies to an item. Because BIS assigns 

all commodity classifications a 

Commodity Classification Automated 

Tracking System (CCATS) number, 

classifications are sometimes called 

CCATS. Sections 748.3(b) and 748.3(c) 

of the EAR describe the procedures for 

submitting commodity classification 

and advisory opinion requests, 

respectively. 

Because BIS does not have the 

authority to issue commodity 

jurisdiction determinations, a BIS 

commodity classification only reflects 

whether each item identified in the 

commodity classification request is 

described in the CCL. Thus, prior to 

seeking a commodity classification, the 

applicant should have already 

determined—through a selfdetermination or with the assistance of 

another U.S. Government agency—that 

the item is not subject to the exclusive 

export control jurisdiction of another 

U.S. Government agency. In issuing a 

commodity classification, BIS is not 

making a determination of whether the 

item is or is not subject to the EAR. 

Similarly, although advisory opinions 

(unlike commodity classifications) may 

opine on matters beyond the 

interpretation of CCL provisions, 

advisory opinions also may not be relied 

upon or cited as evidence of whether or 

not the pertinent items are subject to the 

EAR. 

The purpose of this interim final rule 

amending § 748.3(a), (b), and (c) of the 

EAR is to remind the public of the longstanding principle that commodity 

classifications and advisory opinions 

are not and may not be relied upon as 

U.S. Government determinations that 

the items described therein are subject 

to the EAR as opposed to the 

jurisdiction of another U.S. Government 

agency. 

To further the educational and 

compliance objectives of this 

amendment, BIS will begin inserting the 

following reminder on all commodity 

classifications it issues: 

This commodity classification sets forth 

the classification of the above-listed items if 

they are subject to the EAR. This commodity 

classification is not a determination by BIS 

as to whether the above-listed items are 

‘‘subject to the EAR.’’ As defined and 

described in sections 734.2 through 734.4 of 

the EAR, the term ‘‘subject to the EAR’’ 

means, among other things, that the item(s) 

are not exclusively controlled for export or 

reexport by another agency of the U.S. 

Government. See 15 CFR 734.3(b)(1). Thus, 

this document is not, and may not be relied 

upon as, a U.S. Government determination 

that the above-listed items are not, for 

example, subject to the export control 

jurisdiction of the International Traffic in 

Arms Regulations (ITAR) (22 CFR Parts 120– 

130), which are administered by the U.S. 

Department of State. 

BIS reminds the public of the 

availability of a webpage where sources 

of publicly available information on 

commodity classification may be found. 

The public may go to the following 

webpages for more information: http:// 

www.bis.doc.gov/ 

commodityclassificationpage.htm, or 

the main BIS webpage at http:// 

www.bis.doc.gov and click on the link 

‘‘Commodity Classifications.’’ 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

13, 2009 (74 FR 41325 (August 14, 

2009)), has continued the EAR in effect 

under the International Emergency 

Economic Powers Act. 

Rulemaking Requirement 

1. This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 of September 30, 

1993 (58 FR 1735 (October 4, 1993)). 


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45054 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 

2. Notwithstanding any other 

provisions of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves collections previously 

approved by OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. This rule is 

expected to result in a decrease in 

license applications submitted to BIS. 

Total burden hours associated with the 

PRA and OMB control number 0694– 

0088 are not expected to increase 

significantly as a result of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment as unnecessary. This 

rule only clarifies existing provisions of 

the EAR regarding commodity 

classification determinations and 

advisory opinions, with respect to 

commodity jurisdiction decisions; such 

decisions, in turn, are governed by 

existing statute. Because this rule does 

not implement substantive changes, but 

merely clarifies the agency’s long-held 

interpretation, it is unnecessary to 

provide prior notice and opportunity for 

public comment. The 30-delay in 

effectiveness required by 5 U.S.C. 553(d) 

is not applicable because this rule is not 

a substantive rule. In addition, because 

a notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule by 5 

U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. However, to 

obtain the benefit of a variety of 

viewpoints, BIS is issuing this rule as an 

interim final rule with a request for 

comments. 

The period for submission of 

comments will close October 1, 2010. 

The Department will consider all 

comments received before the close of 

the comment period in developing final 

regulations. Comments received after 

the end of the comment period will be 

considered if possible, but their 

consideration cannot be assured. The 

Department will not accept public 

comments accompanied by a request 

that a part or all of the material be 

treated confidentially because of its 

business proprietary nature or for any 

other reason. The Department will 

return such comments and materials to 

the persons submitting the comments 

and will not consider them in the 

development of final regulations. All 

public comments on these regulations 

will be a matter of public record and 

will be available for public inspection 

and copying. In the interest of accuracy 

and completeness, the Department 

requires comments in written form 

(including fax or e-mail). 

Oral comments must be followed by 

written memoranda, which will also be 

a matter of public record and will be 

available for public review and copying. 

Communications from agencies of the 

United States Government or foreign 

governments will not be available for 

public inspection. 

The Office of Administration, Bureau 

of Industry and Security, U.S. 

Department of Commerce, displays 

these public comments on the Federal eRulemaking portal at 

www.Regulations.gov and on BIS’s 

Freedom of Information Act (FOIA) Web 

site at http://www.bos.doc.gov/foia. This 

office does not maintain a separate 

public inspection facility. If you have 

technical difficulties accessing BIS’s 

Web site, please call the Office of 

Administration at (202) 482–0637 for 

assistance. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research Science and 

technology. 

15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, parts 734 and 748 of the 

Export Administration Regulations (15 

CFR Parts 730–774) are amended as 

follows: 

PART 734—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 734 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 13, 2009, 74 

FR 41325 (August 14, 2009); Notice of 

November 6, 2009, 74 FR 58187 (November 

10, 2009). 

■ 2. Section 734.3 is amended by adding 

paragraph (d) to read as follows: 

§ 734.3 Items subject to EAR. 

* * * * * 

(d) Commodity classification 

determinations and advisory opinions 

issued by BIS are not, and may not be 

relied upon as, determinations that the 

items in question are ‘‘subject to the 

EAR,’’ as described in § 748.3 of the 

EAR. 

PART 748—[AMENDED] 

■ 3. The authority citation for 15 CFR 

Part 748 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 13, 2009, 74 FR 41325 (August 14, 

2009). 

■ 4. Section 748.3 is amended: 

■ a. By revising the second and third 

sentences in paragraph (a) introductory 

text; 

■ b. By adding a new sentence after the 

third sentence in paragraph (a) 

introductory text; 

■ b. By adding paragraph (b)(3); and 

■ c. By adding paragraph (c)(4), to read 

as follows: 

§ 748.3 Classification requests, advisory 

opinions, and encryption registrations. 

(a) Introduction. You may ask BIS to 

provide you with the correct Export 

Control Classification Number (ECCN) 

down to the paragraph (or 

subparagraph) level, if appropriate. BIS 

will issue you a determination that each 

item identified in your classification 

request is either described by an ECCN 

in the Commerce Control List (CCL) in 

Supplement No. 1 to Part 774 of the 

EAR or not described by an ECCN and, 

therefore, an ‘‘EAR99’’ item. These 

classification determinations issued by 

BIS are not U.S. Government 

determinations that the items described 

therein are ‘‘subject to the EAR,’’ as this 

term is defined in § 734.3 of the EAR. 

Those who request commodity 

classifications and advisory opinions 

should have determined that the items 

at issue are not subject to the exclusive 

export control jurisdiction of one of the 

other U.S. Government agencies listed 

in § 734.3(b) of the EAR. * * * 

(b) * * * 

(3) BIS assigns each of its commodity 

classifications a Commodity 

Classification Automated Tracking 

System (CCATS) number. Neither the 

BIS classification nor the CCATS 

number may be relied upon or cited as 

evidence that the U.S. Government has 

determined that the items described in 

the commodity classification 


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Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 45055 

determination are subject to the EAR 

(See 15 CFR 734.3). 

(c) * * * 

(4) Advisory opinions are limited in 

scope to BIS’s interpretation of EAR 

provisions. Advisory opinions differ 

from commodity classifications in that 

advisory opinions are not limited to the 

interpretation of provisions contained in 

the Commerce Control List. Advisory 

opinions may not be relied upon or 

cited as evidence that the U.S. 

Government has determined that the 

items described in the advisory opinion 

are not subject to the export control 

jurisdiction of another agency of the 

U.S. Government (See 15 CFR 734.3). 

* * * * * 

Dated: July 23, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–18735 Filed 7–30–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0709] 

RIN 1625–AA87 

Security Zone; 2010 Seattle Seafair 

Fleet Week Moving Vessels, Puget 

Sound, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The U.S. Coast Guard is 

establishing temporary moving security 

zones surrounding the HMCS 

NANAIMO (NCSM 702), HMCS 

EDMONTON (NCSM 703), and the 

HMCS BRANDON (NCSM 710) which 

include all waters within 100 yards 

from the vessels while underway in the 

Puget Sound Captain of the Port (COTP) 

Area of Responsibility (AOR). These 

security zones are necessary to help 

ensure the security of the vessels from 

sabotage or other subversive acts during 

Seafair Fleet Week and will do so by 

prohibiting any person or vessel from 

entering or remaining in the security 

zones unless authorized by the COTP, 

Puget Sound or Designated 

Representative. 

DATES: This rule is effective from 8 a.m. 

until 11:59 p.m. on August 4, 2010 

unless canceled sooner by the COTP. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0709 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0709 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LTJG Ian Hanna, 

Sector Seattle, Waterways Management 

Division, US Coast Guard; telephone 

206–217–6045, e-mail 

Ian.S.Hanna@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing an NPRM would be 

impracticable due to the inherent 

compromise to security resulting from 

advertising in advance locations of 

naval vessels, both foreign and 

domestic. 

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 because immediate action is 

necessary to ensure security of visiting 

foreign vessels in the 2010 Seattle 

Seafair Fleet Week event. 

Basis and Purpose 

Seattle’s Seafair Fleet Week is an 

annual event which brings a variety of 

foreign military vessels to Seattle. The 

event draws large crowds and a number 

of vessels that are under inherent 

security risks due to their military 

functions. This rule is necessary to 

ensure the security of visiting foreign 

military vessels not covered under the 

Naval Vessel Protection Zone (NVPZ), 

and provides similar security measures 

while these vessels are transiting Puget 

Sound. 

Discussion of Rule 

The temporary security zones 

established by this rule will prohibit 

any person or vessel from entering or 

remaining within 100 yards of the 

HMCS NANAIMO (NCSM 702), HMCS 

EDMONTON (NCSM 703), and the 

HMCS BRANDON (NCSM 710) while 

underway in the Puget Sound COTP 

AOR unless authorized by the COTP, 

Puget Sound, or Designated 

Representative. The security zones will 

be enforced by Coast Guard personnel. 

The COTP may also be assisted in the 

enforcement of the zones by other 

federal, state, or local agencies. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. 

The Coast Guard bases this finding on 

the fact that the security zones will be 

in place for a limited period of time and 

vessel traffic will be able to transit 

around the security zones. Maritime 

traffic may also request permission to 

transit through the zones from the 

COTP, Puget Sound or Designated 

Representative. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities; the owners and operators of 


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