Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations 34363

DEPARTMENT OF JUSTICE

28 CFR Part 28

[OAG 101I; A.G. Order No. 2464–2001]

RIN 1105–AA78

Regulations Under the DNA Analysis

Backlog Elimination Act of 2000

AGENCY: Department of Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: The Department of Justice is

publishing this interim rule to

implement section 3 and related

provisions of the DNA Analysis Backlog

Elimination Act of 2000. The rule

specifies the federal offenses that will be

treated as qualifying offenses for

purposes of collecting DNA samples

from federal offenders, sets forth the

responsibilities of the Bureau of Prisons

for collecting DNA samples from

individuals in its custody, and sets forth

related responsibilities of the Federal

Bureau of Investigation for analyzing

and indexing DNA samples.

DATES: Effective Date: This interim rule

is effective June 28, 2001.

Comment Date: Written comments

must be submitted on or before August

27, 2001.

ADDRESSES: Send comments to David J.

Karp, Senior Counsel, Office of Legal

Policy, Room 4503, Main Justice

Building, 950 Pennsylvania Avenue

NW., Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT:

David J. Karp, Senior Counsel, Office of

Legal Policy, Room 4503, Main Justice

Building, 950 Pennsylvania Avenue

NW., Washington, DC 20530.

Telephone: (202) 514–3273.

SUPPLEMENTARY INFORMATION: All 50

states authorize the collection and

analysis of DNA samples from convicted

state offenders, and entry of resulting

information into the Combined DNA

Index System (‘‘CODIS’’), which the

Federal Bureau of Investigation (‘‘FBI’’)

has established pursuant to 42 U.S.C.

14132. Until recently, however, there

was no statutory authorization to collect

DNA samples from convicted federal,

military, and District of Columbia

offenders. Congress acted to fill this gap

in the DNA identification system

through provisions of Public Law 106–

546, the DNA Analysis Backlog

Elimination Act of 2000 (the ‘‘Act’’).

Section 3 of the Act addresses the

categories of federal offenders from

whom DNA samples will be collected,

the responsibility of the Bureau of

Prisons (‘‘BOP’’) and federal probation

offices to collect DNA samples from

offenders in their custody or

supervision, and the responsibility of

the FBI to analyze and index DNA

samples. This interim rule is issued

pursuant to subsection (e) of section 3,

which provides that, with the exception

of the activities of the probation offices,

the section shall be carried out under

regulations prescribed by the Attorney

General. The rule also addresses certain

responsibilities of BOP and the FBI

under other sections of the Act that are

closely related to the matters addressed

in section 3.

The rule adds a new part 28 to title

28 CFR relating to the DNA

identification system. The new part

contains subparts A and B, that relate

respectively to the federal offenses for

which DNA samples will be collected,

and the responsibilities of BOP and the

FBI in collecting, analyzing, and

indexing DNA samples:

Subpart A—Qualifying Federal

Offenses for Purposes of DNA Sample

Collection

Subpart A of the rule specifies

qualifying federal offenses for purposes

of DNA sample collection. Section 3 of

the Act, in part, requires BOP and

probation offices to collect DNA

samples from individuals in their

custody or supervision who are, or have

been, convicted of a ‘‘qualifying Federal

offense.’’ Subsection (d) of section 3 of

the Act states that qualifying federal

offenses are those in a specified list ‘‘as

determined by the Attorney General.’’

Since the statutory list is, for the most

part, explicit about which code sections

are covered, there is relatively little for

the Attorney General to determine in the

regulation. The specifications about

covered federal offenses in section 3(d)

of the Act, and their interpretation in

subpart A of the new part 28 added by

this rule, are as follows:

Paragraph (1)(A) of subsection (d)

states that qualifying federal offenses

include several offenses that involve or

are related to homicide, identified by

descriptive terms and code section

citations—18 U.S.C. 1111, 1112, 1113,

1114, 1116, 1118, 1119, 1120, and 1121.

The regulation accordingly lists offenses

under these provisions as qualifying

federal offenses. However, only offenses

of voluntary manslaughter are covered

under 18 U.S.C. 1112, because the

statutory reference to ‘‘voluntary

manslaughter’’ in connection with this

section indicates a clear legislative

intent not to include involuntary

manslaughter.

Paragraph (1)(B) of subsection (d)

states that qualifying federal offenses

include most of the offenses in the sex

offense chapters of the federal criminal

code—18 U.S.C. 2241, 2242, 2243, 2244,

2245, 2251, 2251A, 2252, 2421, 2422,

2423, and 2425. The regulation

accordingly lists offenses under these

provisions as qualifying federal

offenses.

Paragraph (1)(C) of subsection (d)

provides that qualifying federal offenses

include the offenses under the peonage

and slavery chapter of the criminal code

(chapter 77). The regulation accordingly

states that offenses under that chapter

are qualifying federal offenses.

Paragraph (1)(D) of subsection (d)

includes offenses under the federal

criminal code that amount to

kidnapping as defined in 18 U.S.C.

3559(c)(2)(E). The federal criminal code

offenses that correspond most closely to

this definition are the general

kidnapping offense (defined in 18

U.S.C. 1201), and the hostage-taking

offense defined in 18 U.S.C. 1203,

which is essentially a form of

kidnapping in which the purpose is to

coerce a third party or governmental

organization. The regulation accordingly

lists offenses under these provisions as

qualifying federal offenses.

Paragraph (1)(E) of subsection (d)

includes as qualifying federal offenses

several offenses under the robbery and

burglary chapter of the criminal code

(chapter 103)—18 U.S.C. 2111, 2112,

2113, 2114, 2116, 2118, and 2119. The

regulation accordingly lists offenses

under these provisions as qualifying

federal offenses.

Paragraph (1)(F) of subsection (d)

includes as qualifying federal offenses

several types of offenses under the

major crimes act for Indian country (18

U.S.C. 1153). This is the provision

under which the federal government has

jurisdiction to prosecute most serious

crimes committed in Indian country.

The specific offense types referenced in

paragraph (1)(F) are murder,

manslaughter, kidnapping, maiming,

felonies under the sexual abuse chapter

of the criminal code (chapter 109A),

incest, arson, burglary, and robbery.

Where federal law provides a general

definition for such an offense in areas

subject to exclusive federal jurisdiction,

the case is charged under the pertinent

federal law provision, with jurisdiction

premised on 18 U.S.C. 1153. This is

true, in particular, of murder (18 U.S.C.

1111), manslaughter (18 U.S.C. 1112),

kidnapping (18 U.S.C. 1201(a)(2)),

maiming (18 U.S.C. 114), felony sexual

abuse (various offenses under title 109A

of title 18), arson (18 U.S.C. 81), and

robbery (18 U.S.C. 2111). Where federal

law provides no such definition, the

case is charged under the law of the

state where the offense occurred, with

jurisdiction premised on 18 U.S.C. 1153.

34364 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

This is true, in particular, of incest and

burglary. The regulation accordingly

includes the specified offenses as

qualifying federal offenses, where

jurisdiction is based on 18 U.S.C. 1153.

Paragraph (1)(G) of subsection (d)

includes as qualifying federal offenses

attempts and conspiracies to commit

offenses that are otherwise covered.

Many of the particular offense

provisions that are listed in the

regulation encompass attempted

offenses—for example, 18 U.S.C. 1113,

1201(d), and 2241–43. Since there is no

general attempt provision in the federal

criminal code, there are no additional

attempt offenses that could be listed in

the regulation. Some of the particular

offense provisions that are listed in the

regulation also explicitly encompass

conspiracies, such as 18 U.S.C. 1117

and 1201(c). In addition, however, there

is a general conspiracy provision in the

federal criminal code, 18 U.S.C. 371.

The regulation accordingly includes

offenses under 18 U.S.C. 371 as

qualifying federal offenses where an

object of the conspiracy was the

commission of a qualifying federal

offense.

Subpart B—DNA Sample Collection,

Analysis, and Indexing

Section 28.11 in the rule provides

definitions for ‘‘DNA sample’’ and

‘‘DNA analysis’’ that are taken verbatim

from section 3(c) of the Act.

Section 28.12, in paragraph (a),

directs BOP to collect a DNA sample

from each individual in its custody who

is, or has been, convicted of a qualifying

federal offense, a qualifying military

offense, or a qualifying District of

Columbia offense. The requirement that

BOP collect DNA samples from

individuals convicted of qualifying

federal offenses and qualifying military

offenses appears in section 3(a)(1) of the

Act. The requirement to collect samples

from individuals convicted of qualifying

District of Columbia offenses appears in

section 4, rather than section 3, of the

Act (specifically, section 4(a)(1)). It is

included in this regulation for logical

completeness in describing BOP’s DNA

sample collection responsibilities under

the Act.

Section 28.12, in paragraph (b),

qualifies paragraph (a)’s requirement by

affording BOP discretion about taking a

DNA sample from an individual who is

already in CODIS, or from whom a DNA

sample has been collected pursuant to

the provisions for collection of DNA

samples from military offenders by the

Department of Defense. This

discretionary authority, which BOP

could utilize to avoid duplicative

sample collection, tracks sections 3(a)(3)

and 4(a)(3) of the Act.

Section 28.12, in paragraph (c),

provides in part that individuals

described in paragraph (a) shall

cooperate in the collection of DNA

samples by BOP. This obligation on

inmates is correlative to BOP’s legal

duty to collect DNA samples from them,

and arises directly from sections 3(a)(5)

and 4(a)(5) of the Act, which prescribe

criminal penalties for individuals who

fail to cooperate in DNA sample

collection authorized by the Act.

Section 28.12, in paragraph (c),

further provides that BOP may use or

authorize the use of such means as are

reasonably necessary to detain, restrain,

and collect a DNA sample from an

individual described in paragraph (a)

who refuses to cooperate in the

collection of the sample. This is taken

directly from sections 3(a)(4) and 4(a)(4)

of the Act. While inmates will normally

cooperate voluntarily in DNA sample

collection, or be persuaded to do so by

the prospect of disciplinary action if

they refuse to cooperate, taking a sample

involuntarily from a recalcitrant

individual may occasionally be

necessary. The involuntary taking of a

blood sample may in some instances be

required under existing procedures for

other purposes, such as medical

evaluation, see 28 CFR 549.13(a)(3), or

compliance with a court order to take

such a sample for evidentiary purposes.

Existing regulations regarding the use of

force where necessary to enforce

institutional regulations or for other

purposes will continue to apply in

relation to inmates who refuse to

cooperate in the collection of a DNA

sample. See 28 CFR part 552, subpart C.

Section 28.12, in paragraph (d)—

tracking sections 3(a)(4)(B) and

4(a)(4)(B) of the Act—states that BOP

may enter into agreements with units of

State or local government or with

private entities to provide for the

collection of DNA samples. This makes

it clear, for example, that BOP can

arrange to have DNA samples collected

from inmates in contract facilities by

contract facility personnel.

Section 28.12, in paragraph (e),

directs BOP to furnish each DNA

sample to the FBI (for purposes of

analysis and indexing in CODIS). This

is explicitly required by sections 3(b)

and 4(b) of the Act.

Section 28.13 directs the FBI to carry

out a DNA analysis on each DNA

sample furnished to it pursuant to

section 3(b) or 4(b) of the Act, and to

include the results in CODIS. The cited

statutory provisions explicitly require

the FBI to carry out these functions.

Section 28.5 further provides that the

FBI must include in CODIS the results

of analyses furnished by the Department

of Defense, which is required by 10

U.S.C. 1565(b)(2). The FBI is not

required to analyze the samples

collected by the Department of Defense,

because the Department of Defense is

responsible for carrying out that

function, as provided in 10 U.S.C.

1565(b)(1).

Good Cause Exception

The implementation of this rule as an

interim rule, with provisions for postpromulgation public comments, is based

on the ‘‘good cause’’ exceptions found at

5 U.S.C. 553(b)(3)(B) and (d)(3). The rule

implements section 3 of Public Law

106–546, which requires that the

Attorney General determine qualifying

federal offenses for purposes of DNA

sample collection not later than 120

days after enactment, that the collection

of DNA samples from covered offenders

commence not later than 180 days after

enactment, and that the requirements of

the section generally be carried out

under regulations prescribed by the

Attorney General. Given that section 3

requires that an initial determination of

qualifying federal offenses be made

within 120 days, Congress must have

been aware that it would not be feasible

within that time period to publish a

proposed rule for notice and comment,

as well as a subsequent final rule, and

for the period of the final rule’s delayed

effective date to have run. Public Law

106–546 is explicit and comprehensive

concerning the types of offenses that

will be treated as qualifying federal

offenses and concerning the powers and

responsibilities of the Bureau of Prisons

and other agencies in collecting,

analyzing, and indexing DNA samples.

In light of the short statutory time frame

for the implementation of this law and

the fact that the formulation of

implementing regulations requires no

significant exercises of discretion, it is

impracticable and unnecessary to adopt

this rule with the prior notice and

comment period normally required

under 5 U.S.C. 553(b) or with the

delayed effective date normally required

under 5 U.S.C. 553(d).

Moreover, the collection, analysis,

and indexing of DNA samples as

required by Public Law 106–546

furthers important public safety

interests by facilitating the solution and

prevention of crimes, see H.R. Rep. No.

900, 106th Cong., 2d Sess. 8–11 (2000)

(House Judiciary Committee report), and

delay in the law’s implementation

would thwart or delay the realization of

these public safety benefits. Dangerous

offenders who might be successfully

identified through DNA matching may

Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations 34365

be released from prison or reach the end

of supervision before DNA sample

collection can be carried out, thereby

remaining at large to engage in further

crimes against the public. Furthermore,

delay in collecting, analyzing, and

indexing DNA samples, and hence in

the identification of offenders, may

foreclose prosecution due to the running

of statutes of limitations. Failure to

identify, or delay in identifying,

offenders as the perpetrators of crimes

through DNA matching also increases

the risk that innocent persons may be

wrongfully suspected, accused, or

convicted of such crimes. Therefore, it

would be contrary to the public interest

to adopt this rule with the prior notice

and comment period normally required

under 5 U.S.C. 553(b) or with the

delayed effective date normally required

under 5 U.S.C. 553(d).

Regulatory Flexibility Act

The Attorney General, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: The regulation

concerns the collection, analysis, and

indexing by federal agencies of DNA

samples from certain offenders.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, ‘‘Regulatory Planning and

Review,’’ section 1(b), Principles of

Regulation. The Department of Justice

has determined that this rule is a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f), and

accordingly this rule has been reviewed

by the Office of Management and

Budget.

Executive Order 13132

This regulation 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 rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988—Civil Justice

Reform

This regulation meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of

1995

This rule will not 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 one 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 rule is not a major rule as

defined by section 251 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. 5 U.S.C. 804. This

rule will not result in an annual effect

on the economy of $100 million or

more; a major increase in costs or prices;

or significant adverse effects on

competition, employment, investment,

productivity, or innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

List of Subjects in 28 CFR Part 28

Crime, Law enforcement, Prisons,

Prisoners, Probation and parole.

For the reasons stated in the

preamble, the Department of Justice

amends 28 CFR Chapter I by adding part

28, to read as follows:

PART 28—DNA IDENTIFICATION

SYSTEM

Subpart A—Qualifying Federal Offenses for

Purposes of DNA Sample Collection

Sec.

28.1 Purpose.

28.2 Determination of offenses.

Subpart B—DNA Sample Collection,

Analysis, and Indexing

28.11 Definitions.

28.12 Collection of DNA samples.

28.13 Analysis and indexing of DNA

samples.

Authority: 28 U.S.C. 509, 510; 42 U.S.C.

14132, 14135a, 14135b; 10 U.S.C. 1565; Pub.

L. 106–546, 114 Stat. 2726.

Subpart A—Qualifying Federal

Offenses for Purposes of DNA Sample

Collection

§ 28.1 Purpose.

Section 3 of Public Law 106–546 (114

Stat. 2726) directs the collection,

analysis, and indexing of a DNA sample

from each individual in the custody of

the Bureau of Prisons or under the

supervision of a probation office who is,

or has been, convicted of a qualifying

Federal offense. Subsection (d) of that

section states that the offenses that shall

be treated as qualifying Federal offenses

are offenses under title 18, United States

Code, contained in a list of descriptive

terms and code sections, as determined

by the Attorney General.

§ 28.2 Determination of offenses.

The following offenses shall be

treated for purposes of section 3 of

Public Law 106–546 as qualifying

Federal offenses:

(a) Any offense under section 1111,

1113, 1114, 1116, 1117, 1118, 1119,

1120, 1121, 2241, 2242, 2243, 2244,

2245, 2251, 2251A, 2252, 2421, 2422,

2423, 2425, 1201, 1203, 2111, 2112,

2113, 2114, 2116, 2118, or 2119 of title

18, United States Code.

(b) Any offense of voluntary

manslaughter under section 1112 of title

18, United States Code.

(c) Any offense under chapter 77 of

title 18, United States Code.

(d) Any offense of murder,

manslaughter, kidnapping, maiming,

incest, arson, burglary, or robbery, and

any felony under chapter 109A of title

18, United States Code, where

jurisdiction was based on section 1153

of title 18, United States Code.

(e) Any offense under section 371 of

title 18, United States Code, in which an

object of the conspiracy was the

commission of an offense described in

paragraph (a), (b), (c), or (d) of this

section.

Subpart B—DNA Sample Collection,

Analysis, and Indexing

§ 28.11 Definitions.

The following definitions apply to

this part:

DNA sample means a tissue, fluid, or

other bodily sample of an individual on

which a DNA analysis can be carried

out.

DNA analysis means analysis of the

deoxyribonucleic acid (DNA)

identification information in a bodily

sample.

§ 28.12 Collection of DNA samples.

(a) The Bureau of Prisons shall collect

a DNA sample from each individual in

the custody of the Bureau of Prisons

who is, or has been, convicted of—

(1) A qualifying Federal offense as

described in § 28.2;

(2) A qualifying military offense, as

determined under 10 U.S.C. 1565; or (3)

A qualifying District of Columbia

offense, as determined under section

4(d) of Public Law 106–546.

(b) Notwithstanding paragraph (a) of

this section, the Bureau of Prisons may,

but need not, collect a DNA sample

from an individual described in

34366 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Rules and Regulations

paragraph (a) of this section if the

Combined DNA Index System contains

a DNA analysis with respect to that

individual, or if a DNA sample has been

collected from that individual under 10

U.S.C. 1565.

(c) Each individual described in

paragraph (a) of this section shall

cooperate in the collection of a DNA

sample from that individual by the

Bureau of Prisons. The Bureau of

Prisons may use or authorize the use of

such means as are reasonably necessary

to detain, restrain, and collect a DNA

sample from an individual described in

paragraph (a) of this section who refuses

to cooperate in the collection of the

sample.

(d) The Bureau of Prisons may enter

into agreements with units of State or

local government or with private

entities to provide for the collection of

samples under this section.

(e) The Bureau of Prisons shall

furnish each DNA sample collected

under this section to the Federal Bureau

of Investigation.

§ 28.13 Analysis and indexing of DNA

samples.

(a) The Federal Bureau of

Investigation shall carry out a DNA

analysis on each DNA sample furnished

to the Federal Bureau of Investigation

pursuant to section 3(b) or 4(b) of Public

Law 106–54, and shall include the

results in the Combined DNA Index

System.

(b) The Federal Bureau of

Investigation shall include in the

Combined DNA Index System the

results of each analysis furnished to the

Federal Bureau of Investigation

pursuant to section 1565(b)(2) of title

10, United States Code.

Dated: June 21, 2001.

John Ashcroft,

Attorney General.

[FR Doc. 01–16171 Filed 6–27–01; 8:45 am]

BILLING CODE 4410–19–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09–01–060]

RIN 2115–AA97

Safety Zone; Middle Bass Island, Lake

Erie, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone at

Put-In-Bay, Middle Bass Island, Ohio.

This safety zone is necessary to protect

spectators and vessels from the hazards

associated with fireworks displays. This

zone is intended to restrict vessels from

a portion of Put-In-Bay for the City of

Put-In-Bay July 4, 2001, fireworks

display.

DATES: This rule is effective from 5 p.m.

until 11 p.m. on July 4, 2001.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket [CGD09–01–060] and are

available for inspection or copying at

U.S. Coast Guard Marine Safety Office

Toledo, 420 Madison Ave, Suite 700,

Toledo, Ohio, 43604 between 9:30 a.m.

and 2 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT

Herb Oertli, Chief of Port Operations,

Marine Safety Office, 420 Madison Ave,

Suite 700, Toledo, Ohio 43604; (419)

418–6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM, and, under

5 U.S.C. 553(d)(3), good cause exists for

making this rule it effective less than 30

days after publication in the Federal

Register. The Coast Guard had

insufficient advance notice to publish

an NPRM followed by a temporary final

rule. Publication of a notice of proposed

rulemaking and delay of effective date

would be contrary to the public interest

because immediate action is necessary

to prevent possible loss of life, injury, or

damage to property. The Coast Guard

has not received any complaints or

negative comments with regard to this

event.

Background and Purpose

This temporary rule is necessary to

ensure the safety of spectators and

vessels during the setup, loading and

launching of a fireworks display in

conjunction with the City of Put-In-Bay

July 4, 2001 Fireworks. The fireworks

display will occur between 5 p.m. and

11 p.m. on July 4.

This safety zone will encompass all

waters and the adjacent shoreline of

Put-In-Bay Middle Bass Island, Ohio,

bounded by an arc of a circle with a

800-foot radius with its center in

approximate position 41°40′15′′ N,

082°48′35′′ W. The Captain of the Port

Toledo or his designated on scene

representative may terminate this event.

All persons and vessels shall comply

with the instructions of the Coast Guard

Captain of the Port or the designated on

scene patrol personnel. Entry into,

transiting, or anchoring within the

safety zone is prohibited unless

authorized by the Captain of the Port

Toledo or his designated on scene

representative. The Captain of the Port

or his designated on scene

representative may be contacted via

VHF Channel 16.

Regulatory Evaluation

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. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979). This

finding is based on the historical lack of

vessel traffic during this time of year.

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

a portion of Put-In-Bay off Middle Bass

Island, Ohio.

This safety zone will not have a

significant economic impact on a

substantial number of small entities for

the following reasons: This rule will be

in effect for only a few hours on one day

and vessel traffic can pass safely around

the safety zone.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

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

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. If the rule would affect your