36398 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 

In addition to revising the definition 

in § 560.320, OFAC is making certain 

conforming changes to § 560.517 and 

§§ 560.532–560.535. These sections use 

language from the unamended 

definition of the term Iranian accounts 

in describing certain transactions that 

are authorized or prohibited with 

respect to such accounts. Therefore, 

OFAC is revising these sections by 

deleting that language and instead 

relying on a reference to the definition 

in § 560.320. Lastly, OFAC also is 

making a technical correction to the 

heading of § 560.532. 

Public Participation 

Because the amendments of the ITR 

involve a foreign affairs function, 

Executive Order 12866 and the 

provisions of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the ITR are contained in 31 CFR part 

501 (the ‘‘Reporting, Procedures and 

Penalties Regulations’’). Pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), those collections of 

information have been approved by the 

Office of Management and Budget under 

control number 1505–0164. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number. 

List of Subjects in 31 CFR Part 560 

Administrative practice and 

procedure, Banks, Banking, Brokers, 

Foreign trade, Investments, Loans, 

Securities, Iran. 

■ For the reasons set forth in the 

preamble, the Office of Foreign Assets 

Control amends 31 CFR part 560 as 

follows: 

PART 560—IRANIAN TRANSACTIONS 

REGULATIONS 

■ 1. The authority citation for part 560 

continues to read as follows: 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; Pub. L. 

101–410, 104 Stat. 890 (28 U.S.C. 2461 note); 

Pub. L. 106–387, 114 Stat. 1549; Pub. L. 110– 

96, 121 Stat. 1011; E.O. 12613, 52 FR 41940, 

3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 

FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 

12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 

356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 

Comp., p. 217. 

Subpart C—General Definitions 

■ 2. Revise § 560.320 to read as follows: 

§ 560.320 Iranian accounts. 

The term Iranian accounts means 

accounts of persons who are ordinarily 

resident in Iran, except when such 

persons are not located in Iran, or of the 

Government of Iran maintained on the 

books of either a United States 

depository institution or a United States 

registered broker or dealer in securities. 

Subpart E—Licenses, Authorizations 

and Statements of Licensing Policy 

■ 3. In § 560.517, revise the introductory 

text of paragraphs (a) and (b) to read as 

follows: 

§ 560.517 Exportation of services: Iranian 

accounts at United States depository 

institutions or United States registered 

brokers or dealers in securities. 

(a) United States depository 

institutions are prohibited from 

performing services with respect to 

Iranian accounts, as defined in 

§ 560.320, except that United States 

depository institutions are authorized to 

provide and be compensated for 

services and incidental transactions 

with respect to: 

* * * * * 

(b) United States registered brokers or 

dealers in securities are prohibited from 

performing services with respect to 

Iranian accounts, as defined in 

§ 560.320, except that United States 

registered brokers or dealers in 

securities are authorized to provide and 

be compensated for services and 

incidental transactions with respect to: 

* * * * * 

■ 4. In § 560.532, revise the heading and 

paragraph (c) to read as follows: 

§ 560.532 Payment for and financing of 

exports and reexports of agricultural 

commodities, medicine, and medical 

devices. 

* * * * * 

(c) No debits or credits to Iranian 

accounts on the books of U.S. 

depository institutions. Nothing in this 

section authorizes payment terms or 

trade financing involving debits or 

credits to Iranian accounts, as defined in 

§ 560.320. 

* * * * * 

■ 5. In § 560.533, revise paragraph (c) to 

read as follows: 

§ 560.533 Brokering sales of agricultural 

commodities, medicine and medical 

devices. 

* * * * * 

(c) No debits or credits to Iranian 

accounts on the books of U.S. 

depository institutions. Payment for any 

brokerage fee earned pursuant to this 

section may not involve debits or credits 

to Iranian accounts, as defined in 

§ 560.320. 

* * * * * 

■ 6. In § 560.534, revise paragraphs (d) 

and (e)(2) to read as follows: 

§ 560.534 Importation into the United 

States of, and dealings in, certain 

foodstuffs and carpets authorized. 

* * * * * 

(d) Iranian accounts. Nothing in this 

section authorizes debits or credits to 

Iranian accounts, as defined in 

§ 560.320. 

(e) * * * 

(2) A United States person may 

process a documentary collection 

relating to the importation into the 

United States of Iranian-origin 

pistachios, but payment under the 

documentary collection may not involve 

the crediting of an Iranian account, as 

defined in § 560.320. 

■ 7. In § 560.535, revise paragraph (d) to 

read as follows: 

§ 560.535 Letters of credit and brokering 

services relating to certain foodstuffs and 

carpets. 

* * * * * 

(d) Iranian accounts. Nothing in this 

section authorizes debits or credits to 

Iranian accounts, as defined in 

§ 560.320. 

* * * * * 

Dated: July 17, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E9–17558 Filed 7–22–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1262] 

RIN 1625–AA00 

Safety Zone; AVI September Fireworks 

Display, Colorado River, Laughlin, NV 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Lower Colorado 

River, Laughlin, NV, in support of a 

fireworks display near the AVI Resort 


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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 36399 

and Casino. This safety zone is 

necessary to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 1 p.m. 

to 11 p.m. on September 6, 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–2008–1262 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

USCG–2008–1262 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Petty Officer Shane 

Jackson, Waterways Management, U.S. 

Coast Guard Sector San Diego; 

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 10, 2009 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone: AVI September 

Fireworks Display; Laughlin, NV in the 

Federal Register (74 FR 27481). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

The Coast Guard is establishing a 

temporary safety zone upon the 

navigable waters of the Lower Colorado 

River, Laughlin, NV in support of a 

fireworks show. The fireworks are being 

sponsored by the AVI Resort and 

Casino. The safety zone is set at a 1000 

foot radius around the firing barge, 

which will be anchored in the 

navigational channel. This temporary 

safety zone is necessary to provide for 

the safety of the show’s crew, spectators, 

participants of the event, participating 

vessels, and other vessels and users of 

the waterway. 

Discussion of Comments and Changes 

There are no changes from the 

preceding NPRM since no comments 

were submitted to the docket. 

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. The effect of this regulation will 

not be significant because the safety 

zone will encompass only a small 

portion of the waterway and will be 

enforced for a very short period. The 

entities most likely to be affected are 

pleasure craft engaged in recreational 

activities and sightseeing. For these 

reasons, the Coast Guard expects the 

economic impact of this rule to be 

minimal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the region of the Lower Colorado River 

from 8 p.m. to 9:45 p.m. on September 

6, 2009. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because the safety zone will encompass 

only a small portion of the waterway 

and will be enforced for a very short 

period. Before the effective period, the 

Coast Guard will publish a local notice 

to mariners (LNM). 

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. 

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 


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36400 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Rules and Regulations 

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 because the 

rule involves the establishment of a 

safety zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

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. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary safety zone 

§ 165.T11–166 to read as follows: 

§ 165.T11–166 Safety Zone; AVI September 

Fireworks Display, Colorado River, 

Laughlin, NV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Colorado River, from surface to 

bottom, within 1000 feet of the 

fireworks firing location, adjacent to the 

AVI Resort and Casino, and centered in 

the channel between Laughlin Bridge 

and the northwest point of AVI Resort 

and Casino Cove, at approximate 

position 35°00′45′′ N, 114°38′16′′ W. 

(b) Enforcement Period. This section 

will be enforced from 8 p.m. to 9:45 

p.m. on September 6, 2009. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officers 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

State, or Federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: July 6, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–17556 Filed 7–22–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Areas at Cape Canaveral Air 

Force Station, Patrick AFB, FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

restricted area regulations to enlarge an 

existing restricted area in the Banana 

River and to establish a new restricted 

area in the Atlantic Ocean for the Cape 

Canaveral Air Force Station (CCAFS), 

located on Patrick Air Force Base (AFB), 

Florida. We are also removing an 

existing restricted area in the Banana 

River at CCAFS. CCAFS Command, 


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