22142 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 

(5) Money transmitter—(i) In general. 

A person that provides money 

transmission services. The term ‘‘money 

transmission services’’ means the 

acceptance of currency, funds, or other 

value that substitutes for currency from 

one person AND the transmission of 

such currency, funds, or the value to 

another location or person by any 

means. ‘‘Any means’’ includes through 

a financial agency or institution; a 

Federal Reserve Bank or other facility of 

one or more Federal Reserve Banks, the 

Board of Governors of the Federal 

Reserve System, or both; or an 

electronic funds transfer network. 

(ii) Facts and circumstances; 

Limitations. Whether a person is a 

money transmitter as described in this 

section is a matter of facts and 

circumstances. The term ‘‘money 

transmitter’’ shall not include a person 

that only: 

(A) Provides the delivery, 

communication, or network access 

services used by a money transmitter to 

support money transmission services; 

(B) Acts as a payment processor to 

facilitate the purchase or payment of a 

bill for a good or service through a 

clearance and settlement system by 

agreement with the creditor or seller; 

(C) Operates a clearance and 

settlement system or otherwise acts as 

an intermediary solely between BSA 

regulated institutions. This includes but 

would not be limited to the Fedwire 

system, electronic funds transfer 

networks, certain registered clearing 

agencies regulated by the SEC, and 

derivatives clearing organizations, or 

other clearinghouse arrangements 

established by a financial agency or 

institution; 

(D) Provides closed loop stored value; 

(E) Physically transports currency, 

other monetary instruments, other 

commercial paper, or other value that 

substitutes for currency as a person 

engaged in such business from one 

person to the same person at another 

location or to an account belonging to 

the same person at a financial 

institution, provided that the person 

engaged in physical transportation has 

no more than a custodial interest in the 

currency, other monetary instruments, 

other commercial papers, or other value 

at any point during the transportation; 

or 

(F) Accepts and transmits funds only 

integral to the sale of goods or the 

provision of services, other than money 

transmission services, by the person 

who is accepting and transmitting the 

funds. 

* * * * * 

(7) Limitation. For the purposes of 

this section, the term ‘‘money services 

business’’ shall not include: 

(i) A bank; 

(ii) A person registered with, and 

functionally regulated or examined by, 

the Securities and Exchange 

Commission or the Commodity Futures 

Trading Commission. 

* * * * * 

3. Section 103.41 is amended by 

redesignating paragraphs (a)(2) and 

(a)(3) as paragraphs (a)(3) and (a)(4) 

respectively, and adding new paragraph 

(a)(2) to read as follows: 

§ 103.41 Registration of money services 

businesses. 

(a) * * * 

(2) Foreign-located money services 

business. Each foreign-located person 

engaged in activities in the United 

States as a money services business 

shall designate the name and address of 

a person who resides in the United 

States and is authorized, and has agreed 

to be an agent to accept service of legal 

process with respect to compliance with 

this part and shall identify the address 

of the location within the United States 

for records pertaining to paragraph 

(b)(1)(iii) of this section. 

* * * * * 

Dated: May 5, 2009. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. E9–10864 Filed 5–11–09; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0252] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Event; Temporary Change of Dates for 

Recurring Marine Event in the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the enforcement 

period of special local regulations for a 

recurring marine event in the Fifth 

Coast Guard District. These regulations 

apply to only one recurring marine 

event that conducts ‘‘workboat races’’. 

Special local regulations are necessary 

to provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in a portion of the York River, 

VA, during the event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 11, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0252 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 proposed 

rule, call Dennis Sens, Project Manager, 

Fifth Coast Guard District, Prevention 

Division, at 757–398–6204 or e-mail at 

Dennis.M.Sens@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–2009–0252), 

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 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22143 

comment online via http:// 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2009–0252’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 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 

the 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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0252 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID 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 

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 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. 

Background and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday parades. 

For a description of the geographical 

area of each Coast Guard Sector— 

Captain of the Port Zone, please see 33 

CFR 3.25. 

This regulation proposes to 

temporarily change the enforcement 

period of special local regulations for a 

recurring marine event within the Fifth 

Coast Guard District. This proposed 

regulation applies to one marine event 

in 33 CFR 100.501, Table to § 100.501. 

On July 12, 2009, the Watermen’s 

Museum of Yorktown, Virginia will 

sponsor the ‘‘Watermen’s Heritage 

Festival Workboat Races’’, on the waters 

of the York River near Yorktown, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

river boat race marine event. The event 

will consist of approximately 40 

traditional Chesapeake Bay deadrise 

workboats racing along a marked 

straight line race course in heats of 2 to 

4 boats for a distance of approximately 

1,000 yards. A fleet of spectator vessels 

is anticipated to gather nearby to view 

the competition. 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. The 

regulation at 33 CFR 100.501 would be 

enforced for the duration of the event. 

Under provisions of 33 CFR 100.501, 

from 9 a.m. to 5:30 p.m. on July 12, 

2009, vessels may not enter the 

regulated area unless they receive 

permission from the Coast Guard Patrol 

Commander. 

Discussion of Proposed Rule 

The Coast Guard proposes to 

temporarily suspend the regulations at 

33 CFR 100.501 by changing the date of 

enforcement in the table to § 100.501. 

The Coast Guard proposes to 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events within the Fifth 

Coast Guard District. This regulation 

applies to only one marine event listed 

as number 41 in the Table to § 100.501. 

York River, Yorktown, VA. 

The Table to § 100.501, event No. 41 

establishes the enforcement date for the 

‘‘Watermen’s Heritage Festival 

Workboat Races’’. This regulation 

proposes to temporarily change the 

enforcement date from ‘‘July—3rd 

Sunday’’ to the second Sunday in July, 

holding the marine event on July 12, 

2009. The temporary special local 

regulations will be enforced from 9 a.m. 

to 5:30 p.m. on July 12, 2009, and will 

restrict general navigation in the 

regulated area during the event. The 

Watermen’s Museum of Yorktown, VA, 

which is the sponsor for this event, 

intends to hold this event annually; 

however, they have changed the date of 

the event for 2009 so that it is outside 

the scope of the existing enforcement 

period. Except for participants and 

vessels authorized by the Coast Guard 

Patrol Commander, no person or vessel 

will be allowed to enter or remain in the 

regulated area. These regulations are 

needed to control vessel traffic during 

the event to enhance the safety of 

participants, spectators and transiting 

vessels. 

Regulatory Analyses 

We developed this proposed 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 proposed 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 proposed rule prevents 

traffic from transiting a portion of the 

York River during specified events, 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 marine information 

broadcasts, local radio stations and area 

newspapers so mariners can adjust their 

plans accordingly. Additionally, this 

rulemaking does not change the 

permanent regulated areas that have 

been published in 33 CFR 100.501, 


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22144 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 

Table to § 100.501. In some cases vessel 

traffic may be able to transit the 

regulated area 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 proposed 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 proposed rule 

would 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 York River where 

marine events are being held. This 

regulation will not have a significant 

impact on a substantial number of small 

entities because it will be enforced only 

during marine events that have been 

permitted by the Coast Guard Captain of 

the Port. The Captain of the Port will 

ensure that small entities are able to 

operate in the areas where events are 

occurring when it is safe to do so. In 

some cases, vessels will be able to safely 

transit around the regulated area at 

various times, and, with the permission 

of the Patrol Commander, vessels may 

transit through the regulated area. 

Before the enforcement period, the 

Coast Guard will issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

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 want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Fifth Coast 

Guard District listed under FOR FURTHER

INFORMATION CONTACT at the beginning of 

this rule. The Coast Guard will not 

retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22145 

the human environment. 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, and sail board racing. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed 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 proposes to 

amend 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. In the Table to § 100.501, suspend 

line No. 41 from July 1, 2009 to July 31, 

2009; and 

a. From 9 a.m. to 5:30 p.m., on July 

12, 2009, add line No. 63. 

The addition reads as follows: 

§ 100.501–T05–0252 Special Local 

Regulations; Recurring Marine Event in the 

Fifth Coast Guard District. 

* * * * * 

Table To § 100.501.—All coordinates 

listed in the Table to § 100.501 reference 

Datum NAD 1983. 

COAST GUARD SECTOR HAMPTON ROADS—COTP ZONE

Number Date Event Sponsor Location 

* * * * * * * 

63 ......... July 12, 2009 ............ Watermen’s Heritage Festival Workboat Races.Watermen’s Museum of 

Yorktown, VA.

The waters of the York River, Yorktown, Virginia, 

bounded on the west by a line drawn along 

longitude 076°31′25′′ W, bounded on the east 

by a line drawn along longitude 076°30′55′′ W, 

bounded on the south by the shoreline and 

bounded on the north by a line drawn parallel 

and 400 yards north of the southern shoreline. 

* * * * * 

Dated: April 27, 2009. 

Fred M. Rosa, Jr. 

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

Fifth Coast Guard District. 

[FR Doc. E9–10973 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 36 

RIN 2900–AN26 

Loan Guaranty: Assistance to Eligible 

Individuals in Acquiring Specially 

Adapted Housing; Cost-ofConstruction Index 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Veterans 

Affairs’ (VA’s) Loan Guaranty 

regulations concerning assistance to 

eligible individuals in acquiring 

specially adapted housing. The 

proposed change would implement 

provisions of the Housing and Economic 

Recovery Act of 2008, which authorized 

VA to provide for automatic annual 

increases in the dollar amounts 

available to certain Specially Adapted 

Housing grant recipients. 

DATES: Comments must be received on 

or before June 11, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN26—Loan Guaranty: Assistance to 

Eligible Individuals in Acquiring 

Specially Adapted Housing; Cost-ofConstruction Index.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Faliski, Assistant Director for 

Loan Policy and Valuation, Loan 

Guaranty Service (26), Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9527. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: The 

Housing and Economic Recovery Act of 

2008, Public Law 110–289, directed the 

Secretary of Veterans Affairs to establish 

a residential home cost-of-construction 

index for the purpose of increasing 

certain Specially Adapted Housing 

(SAH) grant amounts. The law left it to 

the Secretary’s discretion to determine 

whether to develop a new index or to 

select one from the private sector. It 

required that any index selected, 

however, must reflect a uniform, 

national average change in the cost of 

residential home construction, 

determined on a calendar-year basis. 

This proposed rule identifies the index 

the Secretary plans to select, explains 

how the increase would be calculated, 

and requires the Secretary to publish 

annually in the Federal Register the 

aggregate amounts of assistance 

available. 

Selection of a Cost-of-Construction 

Index 

The Department of Veterans Affairs 

(VA) believes that an existing private 

sector index is appropriate for the 

purposes of 38 U.S.C. 2102(d). VA 


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