Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 46011 

The waterway has seasonal 

recreational vessels, and commercial 

vessels of various sizes. 

The owner of the bridge, New Jersey 

Department of Transportation, requested 

a temporary deviation to facilitate the 

replacement of sheaves and wire ropes 

at the bridge. 

Under this temporary deviation the 

Witt Penn Bridge, mile 3.1, across the 

Hackensack River may remain in the 

closed position for bridge maintenance 

from September 8, 2009 through 

October 22, 2009. Vessels that can pass 

under the bridge without a bridge 

opening may do so at all times. This 

deviation has been coordinated with the 

waterway users. 

The contractor will have a crane barge 

located at the bridge. The crane barge 

will move out of the main channel upon 

request after at least a 9 hour advance 

notice is given by calling the bridge at 

201–795–0631. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 27, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–21561 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0595] 

RIN 1625–AA00 

Safety Zone; Munitions and Explosives 

of Concern (MEC); Seal Island, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a permanent safety zone 

around Seal Island, Maine from the 

shoreline out to the 60 foot depth curve. 

This safety zone prohibits persons and 

vessels from entering the designated 

area around Seal Island unless 

authorized by the Coast Guard Captain 

of the Port Northern New England. This 

safety zone is necessary to provide for 

the safety of life on the navigable waters 

around Seal Island by protecting 

mariners from the hazards of Munitions 

and Explosives of Concern (MEC) found 

in the area. 

DATES: This interim rule is effective 

September 8, 2009. Comments and 

related material must reach the Coast 

Guard on or before December 7, 2009. 

Requests for public meetings must be 

received by the Coast Guard on or before 

September 30, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0595 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail Chief Petty Officer Randy 

Bucklin, Coast Guard Sector Northern 

New England, Waterways Management 

Division; telephone 207–741–5440, 

e-mail Randy.Bucklin@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0595), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand delivery, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–0595’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0595’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 


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46012 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before September 30, 2009 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting 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. 

Regulatory Information 

The Coast Guard is issuing this 

interim 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 

‘‘impractical, 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 a 

notice and comment period would be 

impractical due to the time needed to 

conduct a notice and comment period is 

contrary to the immediate need to 

implement this safety zone because of 

the imminent hazards posed by the 

Munitions and Explosives of Concern 

(MEC). Further, the expeditious 

implementation of this rule is in the 

public interest because it will help 

ensure the safety of those anchoring, 

fishing and other users of the waterway 

from the dangers of the MEC. 

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. As noted above, the Coast 

Guard finds that it is both impractical 

and contrary to public interest to delay 

the effective date of this rule for 30 days 

after publication. Immediate action is 

needed in order to ensure the safety of 

those anchoring, fishing, and otherwise 

using the waterway. In addition to 

publication in the Federal Register, the 

Coast Guard will announce the creation 

of this safety zone through local notice 

to mariners, marine information 

broadcasts and outreach to partner 

agencies in the area. 

Background and Purpose 

Seal Island located to the east of 

Matinicus Island off of the coast of 

Maine was used as an aerial bombing 

and target range by the United States 

Government. The use as a bombing and 

target range ceased; however, recent 

exploration of the island and the 

surrounding waters led to the discovery 

of various munitions and explosives of 

concern that present safety hazards to 

those who may come in contact with 

them. Some of these MECs are located 

on Seal Island as well as in the shallow 

water immediately surrounding it. A 

danger zone currently exists around the 

island however it is only enforced 

during times of active aerial bombing 

exercises which no longer occur. The 

regulation for the danger zone can be 

found in 33 CFR 334.10. 

This regulation will establish a fixed 

safety zone around the perimeter of the 

affected portions of Seal Island out to 

the 60 foot depth curve so as to ensure 

mariners do not come into close 

proximity with MECs near Seal Island. 

This safety zone is necessary to protect 

vessels and persons from the hazards 

associated with MEC. 

Discussion of Rule 

This rule creates the following safety 

zone for: ‘‘Seal Island Munitions and 

Explosives of Concern (MEC).’’ The 

safety zone is for all navigable waters of 

the Gulf of Maine in the vicinity of Seal 

Island, in approximate location latitude 

43°53′00′′ N, longitude 068°44′00′′ W, 

extending from the shoreline out to the 

60 foot depth curve. The 60 foot curve 

can be found on various nautical charts 

and is readily apparent on NOAA Chart 

13303, Approaches to Penobscot Bay. 

Entry into these zones by any person 

or vessel will be prohibited unless 

specifically authorized by the Captain of 

the Port Northern New England, or his 

designated representatives. Persons 

desiring to enter the safety zone may 

request permission to enter from the 

Coast Guard Captain of the Port via VHF 

Channel 16 or by contacting the Sector 

Northern New England Command 

Center at (207) 741–5465. 

The Coast Guard advises that entry 

into, transiting, diving, dredging, 

dumping, fishing, trawling, conducting 

salvage operations, remaining within or 

anchoring in this safety zone is 

prohibited unless authorized by the 

Captain of the Port Northern New 

England or his designated 

representatives. 

The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Northern New England to act on his 

behalf. 

Regulatory Analyses 

We developed this interim 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 determined that this 

rule is not a significant regulatory action 

for the following reasons: the safety 

zone will cover only a small portion of 

the navigable waters around Seal Island 

allowing vessels to operate in all other 

portions of the approaches to Penobscot 

Bay. In addition, vessels may be 

authorized to enter the zone with 

permission of the Captain of the Port 

Northern New England. 

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. 

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. This 

rule will affect the following entities, 

some of which may be small entities: 

the owners or operators of vessels 

intending to transit, fish, dive, or anchor 

in a portion of the Gulf of Maine around 

Seal Island. 

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 and 

operate in all other portions of the 

approaches to Penobscot Bay in the Gulf 

of Maine. Before the effective period, we 


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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 46013 

will issue maritime advisories widely 

available to users of the waterway 

transiting in the vicinity of Seal Island. 

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 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. 

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)(g), of the Instruction. This rule 

involves the establishment of safety 

zones. An environmental analysis 

checklist and a categorical exclusion 

determination will be available for 

review 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, and 

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. 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107– 

295, 116 Stat. 2064; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add § 165.180 to read as follows: 

§ 165.180 Safety Zone; Seal Island, Maine 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Gulf of Maine in the vicinity of Seal 

Island, Maine in approximate location 

latitude 43°53′00′′ N, longitude 

068°44′00′′ W, extending from the 

shoreline of Seal Island out to the 60 

foot depth curve as indicated on 


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46014 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

nautical charts. Note that the 60 foot 

depth curve is readily identifiable on 

NOAA chart 13303 (Approaches to 

Penobscot Bay). 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) Entry into, transiting, diving, 

dredging, dumping, fishing, trawling, 

conducting salvage operations, 

remaining within or anchoring in this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Northern New England or his 

designated representatives. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Northern New England to act on his 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone may 

contact the Captain of the Port Northern 

New England or his designated 

representative at the Coast Guard Sector 

Northern New England Command 

Center via VHF Channel 16 or by phone 

at (207) 741–5465 to request permission. 

(5) Vessel operators given permission 

to enter or operate in the safety zones 

must comply with all directions given to 

them by the Captain of the Port 

Northern New England or his 

designated representatives. 

Dated: July 15, 2009. 

J.B. Mcpherson, 

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

Port, Sector Northern New England. 

[FR Doc. E9–21570 Filed 9–4–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0383] 

RIN 1625–AA00 

Safety Zone; Paddle for Clean Water; 

San Diego; CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone upon the 

navigable waters of the Pacific Ocean, 

San Diego, CA, in support of a paddling 

regatta near the Ocean Beach Pier. 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 on 

September 13, 2009. 

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–2009–0383 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0383 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ 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 Petty Officer Shane 

Jackson, Waterways Management, Coast 

Guard; 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 

On June 29, 2009 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety zone; Paddle for Clean 

Water; San Diego; California in the 

Federal Register (74 FR 30991). We 

received 0 comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

The Surfrider Foundation San Diego 

Chapter is sponsoring the Paddle for 

Clean Water. The event will consist of 

900 to 1000 participants paddling 

around the Ocean Beach Pier. The 

sponsor will provide rescue vessels, as 

well as perimeter safety boats for the 

duration of this event. 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. 

Discussion of Rule 

The Coast Guard is establishing a 

safety zone that will be enforced on 

September 13, 2009 from 9 a.m. to 4 

p.m. The limits of the safety zone will 

be as follows: 

32°45.00′ N, 117°15.12′ W; 

32°45.10′ N, 117°15.30′ W; 

32°44.55′ N, 117°15.38′ W; 

32°44.43′ N, 117°15.19′ W; along the 

shoreline to 

32°45.00′ N, 117°15.12′ W. 

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 will be 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 temporary final rule to be so 

minimal that a full Regulatory 

Evaluation is unnecessary. This 

determination is based on the size and 

location of the safety 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 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 determination is based on the size 

and location of the safety 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. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES