38916 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

Paperwork Reduction Act 

The collection of information required 

in this final rule has been approved by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This rule amends a 

collection of information subject to the 

requirements of the PRA, Title 44, 

U.S.C., Chapter 35, which has been 

approved under OMB control number 

0607–0152. The reporting and 

recordkeeping burden for this 

requirement is estimated at three total 

burden minutes per AES filing. 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA, unless that 

collection of information displays a 

current, valid OMB control number. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and Recordkeeping 

requirements. 

■ For the reasons set out in the 

preamble, Title 15, CFR part 30, is 

amended as follows: 

PART 30—FOREIGN TRADE 

REGULATIONS 

Subpart A—General Requirements 

■ 1. The authority citation for Part 30 

continues to read as follows: 

Authority: 5 U.S.C. 301; 13 U.S.C. 301– 

307; Reorganization Plan 5 of 1990 (3 CFR 

1949–1953 Comp., p.1004); Department of 

Commerce Organization Order No. 35–2A, 

July 22, 1987, as amended, and No. 35–2B, 

December 20, 1996, as amended; and Public 

Law 107–228, 116 Stat.1350. 

■ 2. In § 30.1 (c), revise the definition 

‘‘Party ID type’’ to read as follows: 

§ 30.1 Purpose and definitions. 

* * * * * 

(c) * * * 

Party ID type. Identifies whether the 

Party ID is an EIN, DUNS, or Foreign 

Entity reported to the AES, for example, 

E=EIN, D=DUNS, T=Foreign Entity. 

* * * * * 

■ 3. In § 30.3, revise paragraphs (a), 

(e)(1)(ii), and (e)(2)(vi) to read as 

follows: 

§ 30.3 Electronic Export Information filer 

requirements, parties to export 

transactions, and responsibilities of parties 

to export transactions. 

(a) General requirements. The filer of 

EEI for export transactions is either the 

USPPI, or the U.S. authorized agent. All 

EEI submitted to the AES shall be 

complete, correct, and based on 

personal knowledge of the facts stated 

or on information furnished by the 

parties to the export transaction. The 

filer shall be physically located in the 

United States at the time of filing, have 

an EIN or DUNS and be certified to 

report in the AES. In the event that the 

filer does not have an EIN or DUNS, the 

filer must obtain an EIN from the 

Internal Revenue Service. The filer is 

responsible for the truth, accuracy, and 

completeness of the EEI, except insofar 

as that party can demonstrate that it 

reasonably relied on information 

furnished by other responsible persons 

participating in the transaction. All 

parties involved in export transactions, 

including U.S. authorized agents, 

should be aware that invoices and other 

commercial documents may not 

necessarily contain all the information 

needed to prepare the EEI. The parties 

shall ensure that all information needed 

for reporting to the AES, including 

correct export licensing information, is 

provided to the U.S. authorized agent 

for the purpose of correctly preparing 

the EEI. 

* * * * * 

(e) * * * 

(1) * * * 

(ii) USPPI’s EIN or DUNS 

* * * * * 

(2) * * * 

(vi) EIN or DUNS of the authorized 

agent. 

* * * * * 

■ 4. In § 30.6, revise paragraphs 

(a)(1)(iii) and (b)(1)(i) to read as follows: 

§ 30.6 Electronic Export Information data 

elements. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) USPPI identification number. The 

USPPI shall report its own IRS EIN in 

the USPPI field of the EEI. If the USPPI 

has only one EIN, report that EIN. If the 

USPPI has more than one EIN, report 

the EIN that the USPPI uses to report 

employee wages and withholdings, and 

not the EIN that is used to report only 

company earnings or receipts. If the 

USPPI does not have an EIN, the USPPI 

must obtain an EIN for reporting to the 

AES. Use of another company’s or 

individual’s EIN or other identification 

number is prohibited. The appropriate 

Party type code shall be reported 

through the AES. When a foreign entity 

is in the United States when the items 

are purchased or obtained for export, 

the foreign entity is the USPPI for filing 

purposes. In such situations, the foreign 

entity shall report a DUNS, border 

crossing number, passport number, or 

any number assigned by CBP. 

* * * * * 

(b) * * * 

(1) * * * 

(i) U.S. Authorized agent’s 

identification number. Report the U.S. 

authorized agent’s own EIN or DUNS for 

the first shipment and for each 

subsequent shipment. Use of another 

company’s or individual’s EIN or other 

identification number is prohibited. The 

party ID type of agent identification 

(E=EIN, D=DUNS) shall be indicated. 

* * * * * 

Dated: July 30, 2009. 

Robert M. Groves, 

Director, Bureau of the Census. 

[FR Doc. E9–18728 Filed 8–4–09; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0269] 

RIN 1625–AA00 

Safety Zone; Sea World Labor Day 

Fireworks, Mission Bay, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of Mission Bay in 

support of the Sea World Labor Day 

Fireworks. This safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. 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. 

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

to 10 p.m., each day, from September 5, 

2009 through September 7, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0269 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0269 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: The Docket 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 38917 

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; and at Coast 

Guard Sector San Diego, 2710 N. Harbor 

Drive, San Diego, CA 92101–1064 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Shane, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7262, e-mail 

Shane.E.Jackson@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 

immediate action is necessary to ensure 

the safety of vessels, spectators, 

participants, and others in the vicinity 

of the fireworks launching point and 

delay would be contrary to the public 

interest. 

Background and Purpose 

Sea World is sponsoring the Sea 

World Labor Day Fireworks, which will 

include a fireworks presentation 

launched from a barge in Mission Bay. 

The safety zone will extend in a 600 foot 

radius around the barge at an 

approximate position of 32°46′03′′ N, 

117°13′11′′ W. This temporary safety 

zone is necessary to provide for the 

safety of the crew, spectators, 

participants, and other vessels and users 

of the waterway. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced from 8 

p.m. to 10 p.m., each day, on September 

5, 2009 through September 7, 2009. The 

safety zone will extend in a 600 foot 

radius around the barge at an 

approximate position of 32°46′03′′ N, 

117°13′11′′ W. The safety zone is 

necessary to provide for the safety of the 

crew, spectators, participants, and other 

vessels and users of the waterway. 

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. 

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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. This determination is 

based on the location, small size, and 

short duration of the safety zone, and 

the fact that vessel traffic will be able to 

pass safely around the zone. 

Commercial vessels will not be 

hindered by the safety zone. 

Recreational vessels will not be allowed 

to transit through the designated safety 

zone during the specified times. 

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 

vessels intending to transit or anchor in 

that portion of Mission Bay covered by 

the zone. This safety zone will not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons: Vessel traffic can 

pass safely around the safety zone, 

which is small and will be effective for 

a short period. Before the effective 

period, the Coast Guard will publish a 

local notice to mariners (LNM) and will 

issue broadcast notice to mariners 

(BNM) alerts via marine channel 16 

VHF before the safety zone is enforced. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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. 

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 

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). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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. 


srobinson on DSKHWCL6B1PROD with RULES
38918 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Rules and Regulations 

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 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because it 

creates a safety zone. An environmental 

analysis checklist and a 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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add temporary § 165.T11–190 to 

read as follows: 

§ 165.T11–190 Safety Zone; Sea World 

Labor Day Fireworks, Mission Bay, San 

Diego, California. 

(a) Location. The following area is a 

safety zone: All waters of Mission Bay, 

from surface to bottom, within 600 feet 

of the barge at an approximate position 

of 32°46′03′′ N, 117°13′11′′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 10 p.m., 

each day, on September 5, 2009 through 

September 7, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, or federal law enforcement vessels 

who have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center. The 

Command Center may be contacted on 

VHF–FM Channel 16. 

(3) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel must proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: July 6, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–18629 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0685] 

RIN 1625–AA00 

Safety Zone: USCG Barque Eagle 

Transits of Rockland Harbor, ME, 

Portland Harbor, ME and Portsmouth 

Harbor, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary moving safety 

zone excluding all vessels within a 100 

yard radius of the U.S. Coast Guard 

Barque EAGLE during the vessel’s 

transit in Rockland Harbor, Penobscot 

Bay, Casco Bay and Portland Harbor in 


srobinson on DSKHWCL6B1PROD with RULES