Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39213 

importation would be in violation of 

that country’s laws. 

The U.S. person declaring the 

temporary export of body armor to U.S. 

Customs and Border Protection should 

use CBP Form 4457 entitled the 

‘‘Certificate of Registration for Personal 

Effects Taken Abroad.’’ The export 

information is not required to be 

reported electronically using the 

Automated Export System (AES). Upon 

re-entering the United States, the CBP 

Form 4457 should be presented. 

In the event the body armor is lost or 

otherwise not returned to the United 

States, a detailed report about the 

incident must be submitted to the Office 

of Defense Trade Controls Compliance. 

The report should describe all attempts 

to locate the body armor. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This amendment involves a foreign 

affairs function of the United States and, 

therefore, is not subject to the 

procedures contained in 5 U.S.C. 553 

and 554. 

Regulatory Flexibility Act 

Since this amendment is not subject 

to the notice-and-comment procedures 

of 5 U.S.C. 553, it does not require 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

This amendment is exempt from 

review under Executive Order 12866, 

but has been reviewed internally by the 

Department of State to ensure 

consistency with the purposes thereof. 

Executive Order 12988 

The Department of State has reviewed 

the proposed regulations in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 123 

Arms and munitions, Exports. 

■ Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 123 is amended as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 1. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Public Law 

90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Public Law 105–261, 

112 Stat. 1920; Sec. 1205(a), Public Law 107– 

228. 

■ 2. Section 123.17 is amended by 

adding paragraphs (f) and (g) to read as 

follows: 

§ 123.17 Exports of firearms, ammunition, 

and body armor. 

* * * * * 

(f) Except as provided in § 126.1 of 

this subchapter, Port Directors of U.S. 

Customs and Border Protection shall 

permit U.S. persons to export 

temporarily from the United States 

without a license one set of body armor 

covered by Category X(a)(1) of this 

subchapter provided that: 

(1) A declaration by the U.S. person 

and an inspection by a customs officer 

is made; 

(2) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); 

(3) The body armor is for that person’s 

exclusive use and not for re-export or 

other transfer of ownership; and 

(4) If the body armor is lost or 

otherwise not returned to the United 

States, a detailed report must be 

submitted to the Office of Defense Trade 

Controls Compliance in § 127.12(c)(2) of 

this subchapter entitled ‘‘Voluntary 

disclosures.’’ 

(g) The license exemption set forth in 

paragraph (f) of this section is also 

available for the temporary export of 

body armor for personal use to 

Afghanistan and to Iraq provided that: 

(1) The conditions in paragraphs 

(f)(1)–(f)(3) of this section are met; 

(2) For temporary exports to Iraq the 

U.S. person utilizing the license 

exemption is either a person affiliated 

with the U.S. Government traveling on 

official business or is a person not 

affiliated with the U.S. Government but 

traveling to Iraq under a direct 

authorization by the Government of Iraq 

and engaging in humanitarian activities 

for, on behalf of, or at the request of the 

Government of Iraq. 

Dated: July 8, 2009. 

Rose E. Gottemoeller, 

Assistant Secretary, Verification, Compliance 

and Implementation, Department of State. 

[FR Doc. E9–18843 Filed 8–5–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0251] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patapsco River, Northwest 

Harbor, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Baltimore Dragon Boat 

Challenge’’, a marine event to be held 

on the waters of the Patapsco River, 

Northwest Harbor, Baltimore, MD. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to temporarily 

restrict vessel traffic in a portion of the 

Patapsco River during the event. 

DATES: This rule is effective from 

August 22, 2009 through August 29, 

2009. 


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39214 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0251 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– 

2009–0251 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is 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 Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@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 

On June 2, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Patapsco River, 

Northwest Harbor, Baltimore, MD in the 

Federal Register (74 FR 26326). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

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 potential dangers posed 

by powered vessels operating in close 

proximity to relatively small rowing 

vessels in a restricted waterway make 

special local regulations necessary. 

Delaying the effective date would be 

contrary to the public interest, since 

immediate action is needed to ensure 

the safety of the event participants, 

patrol vessels, spectator craft and other 

vessels transiting the event area. 

However, the Coast Guard will provide 

advance notifications to users of the 

effected waterways via marine 

information broadcasts, local notice to 

mariners, commercial radio stations and 

area newspapers. 

Background and Purpose 

On August 22, 2009, Baltimore 

Dragon Boat Club, Inc. will sponsor 

Dragon Boat Races in the Patapsco 

River, Northwest Harbor at Baltimore, 

MD. The event will consist of 

approximately 15 teams rowing Chinese 

Dragon Boats in heats of 2 to 4 boats for 

a distance of 500-meters. Due to the 

need for vessel control during the event, 

the Coast Guard will temporarily restrict 

vessel traffic in the event area to provide 

for the safety of participants, spectators 

and other transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 

specified waters of the Patapsco River, 

Northwest Harbor, Baltimore, MD. 

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 rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. Although this 

regulation will prevent traffic from 

transiting a portion of the Patapsco 

River during the event, the effect of this 

regulation will not be significant due to 

the limited duration that the regulated 

area will be in effect and the extensive 

advance notifications that will be made 

to the maritime community via the 

Local Notice to Mariners, marine 

information broadcasts, and area 

newspapers, so mariners can adjust 

their plans accordingly. Additionally, 

the regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be able to transit the 

regulated area at slow speed between 

heats, when the Coast Guard Patrol 

Commander deems it is safe to do so. 

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 would affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the effected portions of the Patapsco 

River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Patapsco River, Northwest Harbor 

during the event, this rule would not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons. This rule 

would be in effect for only a limited 

period. Vessel traffic will be able to 

transit the regulated area between heats, 

when the Coast Guard Patrol 

Commander deems it is safe to do so. 

Before the enforcement period, we will 

issue maritime advisories so mariners 

can adjust their plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could 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). 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39215 

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 

Department of Homeland Security 

Management Directive 023–01 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)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR Part 100 that apply to 

organized marine events on the 

navigable waters of the United States 

that may have potential for negative 

impact on the safety or other interest of 

waterway users and shore side activities 

in the event area. The category of water 

activities includes but is not limited to 

sail boat regattas, boat parades, power 

boat racing, swimming events, crew 

racing, canoe and sail board racing. 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary section, § 100.35– 

T05–0251 to read as follows: 

§ 100.35–T05–0251 Special Local 

Regulations for Marine Events; Patapsco 

River, Northwest Harbor, MD. 

(a) Regulated area. The following 

locations are regulated areas: All waters 

of the Patapsco River, Northwest 

Harbor, Maryland, located near Locust 

Point, within an area bounded by the 

following lines of reference; bounded on 

the west by a line running along 

longitude 076°35′35′′ W; bounded on the 

east by a line running along longitude 

076°35′10′′ W; bounded on the north by 

a line running along latitude 39°16′40′′ 

N; and bounded on the south by the 

shoreline. All coordinates reference 

Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector, 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area must: (i) Stop the vessel 

immediately when directed to do so by 

the Coast Guard Patrol Commander or 

any Official Patrol. 

(ii) Proceed as directed by the Coast 

Guard Patrol Commander or any Official 

Patrol. 

(d) Enforcement period: This section 

will be enforced as follows; (1) from 6 

a.m. until 7 p.m. on August 22, 2009. 

(2) In the case of inclement weather 

this marine event may be postponed and 

rescheduled for 6 a.m. to 7 p.m. on 

August 29, 2009. 


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39216 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

Dated: July 13, 2009. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. E9–18750 Filed 8–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0454] 

RIN 1625–AA00 

Safety Zone; Festivus, Lower Colorado 

River, Bullhead City, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the lower 

Colorado River at Bullhead City, AZ in 

support of Festivus. 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 

September 11, 2009 through September 

13, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0454 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–2009–0454 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 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 Petty Officer Kristen 

Beer, Waterways Management, U.S. 

Coast Guard Sector San Diego, Coast 

Guard; telephone 619–278–7262, e-mail 

Kristen.A.Beer@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 other vessels and users 

of the waterway. Delaying the rule 

would be contrary to the public interest. 

Background and Purpose 

The Boys and Girls Club and BMX is 

sponsoring Festivus, which is a river 

festival to benefit the community. 

Festivus includes wakeboarder 

demonstrations on the lower Colorado 

River. This temporary safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, sponsor 

vessels, and other users and vessels on 

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. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone that will be 

enforced from 10 a.m. to 10 p.m. on 

September 11, 2009 through September 

13, 2009. This safety zone is necessary 

to provide for the safety of the crew, 

spectators, participants, and other users 

and vessels of the waterway. Persons 

and vessels will be prohibited from 

entering into, transiting through, or 

anchoring within the safety zone unless 

authorized to do so by the Captain of the 

Port or his designated representative. 

The safety zone will include all 

navigable waters within the following 

coordinates: 

Northwest Boundary Line 

35°05.45′ N, 114°37.84′ W; 

35°05.53′ N, 114°37.78′ W. 

Southeast Boundary Line 

35°05.31′ N, 114°37.48′ W; 

35°05.38′ N, 114°37.44′ W. 

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 and small size of 

the safety zone. Recreational vessels 

will not be allowed to transit through 

the established safety zone during the 

specified times unless authorized to do 

so by the Captain of the Port or his 

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 or operators of 

vessels intending to transit or anchor in 

the affected portion of the lower 

Colorado River from 10 a.m. to 10 p.m. 

on September 11, 2009 through 

September 13, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Although the 

safety zone will apply to the entire 

width of the river, traffic will be 


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