Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54947 

Division, to approve these kinds of 

partial CERCLA settlements. 

Administrative Procedure Act 

This rule is a rule of agency 

organization and procedure, and relates 

to the internal management of the 

Department of Justice. It is therefore 

exempt from the requirements of notice 

and comments and a delayed effective 

date. 5 U.S.C. 553(b), (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 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis was not required to 

be prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 

Executive Order 12866—Regulatory 

Planning and Review 

This action has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, § 1(b), Principles of Regulation. 

This rule is limited to agency 

organization, management and 

personnel as described by Executive 

Order 12866 § 3(d)(3) and, therefore, is 

not a ‘‘regulation’’ or ‘‘rule’’ as defined 

by this Executive Order. Accordingly, 

this action has not been reviewed by the 

Office of Management and Budget. 

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. 

Executive Order 13132—Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

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. 

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 $100,000,000 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. 

Congressional Review Act 

This action pertains to agency 

management, personnel and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (government 

agencies), Government employees, 

Organization and functions (government 

agencies), Whistleblowing. 

■ For the reasons set forth in the 

preamble, Part 0 of Title 28, Code of 

Federal Regulations is amended to read 

as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for Part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. In 28 CFR part 0, remove the words 

‘‘Land and Natural Resources Division’’ 

and add, in their place, the words 

‘‘Environment and Natural Resources 

Division’’ in the following places: 

■ a. Section 0.45(a), (b) and (g); 

■ b. Subpart L, consisting of §§ 0.65 

through 0.69c. 

■ c. Section 0.175(b); and 

■ d. Subpart Y, consisting of § 0.160 

through the Appendix to Subpart Y of 

Part 0. 

■ 3. Section 0.160 is amended by 

revising paragraphs (a) introductory text 

and (b), redesignating paragraph (c) as 

paragraph (d), and adding new 

paragraph (c) to read as follows: 

§ 0.160 Offers that may be accepted by 

Assistant Attorneys General. 

(a) Subject to the limitations set forth 

in paragraph (d) of this section, 

Assistant Attorneys General are 

authorized, with respect to matters 

assigned to their respective divisions, 

to: 

* * * * * 

(b) Subject to the limitations set forth 

in paragraph (d) of this section, the 

Assistant Attorney General, Tax 

Division, is further authorized to accept 

offers in compromise of, or settle 

administratively, claims against the 

United States, regardless of the amount 

of the proposed settlement, in all cases 

in which the Joint Committee on 

Taxation has indicated that it has no 

adverse criticism of the proposed 

settlement. 

(c) Subject to the limitations set forth 

in paragraph (d) of this section, the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, is further authorized to 

approve settlements under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9601 et seq., regardless of 

the amount of the proposed settlement, 

with: 

(1) Parties whose contribution to 

contamination at a hazardous waste site 

is de minimis within the meaning of 42 

U.S.C. 9622(g); or 

(2) Parties whose responsibility can be 

equitably allocated and are: 

(A) Paying at least the allocated 

amount; or 

(B) Unable to pay the allocated 

amount as confirmed by a qualified 

financial expert. 

* * * * * 

Dated: September 16, 2008. 

Michael B. Mukasey, 

Attorney General. 

[FR Doc. E8–22354 Filed 9–23–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0761] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; St. Leonard Creek, Patuxent 

River, Calvert County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘War of 1812 North 

American Grand Tactical’’, a marine 

event to be held September 21, 2008 on 

the waters of St. Leonard Creek and 

Patuxent River, Calvert County, 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 


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54948 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

restrict vessel traffic in a portion of St. 

Leonard Creek and the Patuxent River 

during the event. 

DATES: This rule is effective from 7 a.m. 

to 3:30 p.m. on September 21, 2008. 

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–2008–0761 and are 

available online at www.regulations.gov. 

This material is also available for 

inspection or copying at two locations: 

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 and the Fifth 

Coast Guard District, Prevention 

Division, Room 416, 431 Crawford 

Street, Portsmouth, VA 23704 between 

10 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Dennis Sens, Project Manager, 

Fifth Coast Guard District, Inspections 

and Investigations Branch, at (757) 398– 

6204. 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 August 7, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; St. Leonard Creek, 

Patuxent River, Calvert County, MD in 

the Federal Register (73 FR 45919). We 

received no letters commenting 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 Coast Guard received 

notice of the event on July 18, 2008. The 

NPRM published on August 7, 2008, 

and the comment period expired on 

September 8, 2008. Delaying the 

effective date would be contrary to the 

public interest, since immediate action 

is needed to ensure the safety of the 

event participants, support vessels, 

spectator craft and other vessels 

transiting the event area. However 

advance notifications will be made to 

users of the Patuxent River and St. 

Leonard Creek via marine information 

broadcast, local notice to mariners, 

commercial radio stations and area 

newspapers. 

Background and Purpose 

On September 21, 2008, the Jefferson 

Patterson Park and Museum will 

sponsor ‘‘War of 1812 North American 

Grand Tactical’’ on the waters of St. 

Leonard Creek and the Patuxent River, 

Calvert County, MD. The event will 

consist of four tall ships and several 

small boats that will re-enact sea battles 

in Maryland during the War of 1812. 

The regulated area originates along the 

northern shore of St. Leonard Creek, 

thence west to Petersons Point thence 

northwest along the shoreline of the 

Patuxent River adjacent to Jefferson 

Patterson Park and Museum and 

extends outward over the water within 

an approximately 500 yard arc. 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 Patuxent River, 

and St. Leonard Creek, Calvert County, 

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. 

Although this regulation will prevent 

traffic from transiting a portion of St. 

Leonard Creek and Patuxent 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 may be able to transit the 

regulated area at slow speed when event 

activity is halted, 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 portion of St. Leonard Creek 

and Patuxent River during the event. 

Although this regulation prevents 

traffic from transiting a small segment of 

St. Leonard Creek and the Patuxent 

River 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 may be able to 

transit the regulated area when event 

activity is halted, 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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54949 

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 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 under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(h), of the Instruction, 

from further environmental 

documentation. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

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—REGATTAS AND MARINE 

PARADES 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35–T05– 

0761 to read as follows: 

§ 100.35–T05–0761 St. Leonard Creek, 

Patuxent River, Calvert County, MD. 

(a) Definitions: The following 

definitions apply to this section: (1) 

Coast Guard Patrol Commander means 

a commissioned, warrant, or petty 

officer of the Coast Guard who has been 

designated by the Commander, Coast 

Guard Sector Baltimore to act on his 

behalf. 

(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. 

(3) Participant includes all vessels 

participating in the War of 1812 Grand 

Tactical re-enactment under the 

auspices of a Marine Event Permit 

issued to the event sponsor and 

approved by Commander, Coast Guard 

Sector Baltimore. 

(b) Regulated area includes the waters 

of the Patuxent River and St. Leonard 

Creek, Calvert County, MD, within the 

general vicinity of Petersons Point. The 

area is bounded on the east by a line 

drawn along longitude 076°30′00′′ West, 

bounded on the south by a line drawn 

along latitude 38°23′00′′ North, bounded 

on the west by a line drawn along 

longitude 076°31′20′′ West and bounded 

on the north by the Patuxent River 

shoreline. All coordinates reference 

Datum NAD 1983. 

(c) Special local regulations: (1) 

Except for event participants and 

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 shall: (i) Stop the vessel 

immediately when directed to do so by 

any Official Patrol. 


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54950 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course that minimizes 

wake near the event area. 

(d) Effective period. This section will 

be enforced from 7 a.m. to 3:30 p.m. on 

September 21, 2008. 

Dated: September 15, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E8–22429 Filed 9–23–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2007–0075] 

RIN 1625–AA00 

Safety Zone: Port of Ponce, Puerto 

Rico 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard has 

established both moving and fixed 

safety zones around all vessels carrying 

Liquefied Natural Gas (LNG) cargo in 

the waters of the Caribbean Sea and 

Bahia de Ponce, Puerto Rico. This rule 

is necessary to protect the public by 

minimizing the chance of collisions of 

vessels carrying this inherently 

dangerous and highly volatile material. 

This rule requires vessel traffic to 

maintain a safe distance from LNG 

vessels operating near or moored in 

Ponce, Puerto Rico. 

DATES: This rule is effective October 24, 

2008. 

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–2007–0075 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: 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 and the Sector 

San Juan, Prevention Operations 

Department, Waterways & Facilities 

Division, 5 La Puntilla, San Juan, PR 

00901 between 7:30 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Ensign Rachael Love of Sector 

San Juan, Prevention Operations 

Department at (787)–289–2071. 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: 

Regulatory Information 

On May 28, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Port of Ponce, 

Puerto Rico in the Federal Register (73 

FR 30555). We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

This rule is necessary to provide for 

the safety of life at sea by excluding 

vessel traffic from the waters 

immediately adjacent to LNG carriers. 

LNG in any quantity poses a risk of fire 

or explosion due to its highly volatile 

nature. LNG carried by tank ships in 

bulk quantities can be hazardous to a 

port if sufficient precaution is not taken 

to reduce this risk. The proposed rule 

would require vessel traffic to maintain 

a 100-yard separation from LNG vessels 

transiting the harbor and 150-foot 

separation from LNG vessels moored 

pierside. The purpose of this rule is to 

minimize the risk of vessel collision or 

allision with an LNG carrier, thereby 

reducing the risk of fire or explosion. 

Discussion of Comments and Changes 

No comments were received as a 

result of publishing the NPRM; therefore 

no changes have been made to the 

regulatory text. 

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 due to the infrequent 

arrival of LNG carriers and the small 

amount of commercial vessel traffic in 

Bahia de Ponce. 

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 may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit a portion of 

Bahia de Ponce when an LNG vessel is 

transiting the harbor or moored at the 

Puerto de Ponce waterfront facility. This 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: The Port of Ponce 

receives only a few commercial vessel 

arrivals per week, and recreational 

boating traffic can easily transit around 

the regulated area. 

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. 


rwilkins on PROD1PC63 with RULES