Safety Zones; Swimming Events in Captain of the Port Boston Zone, 42048-42052 [2011-17983]
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42048
Federal Register / Vol. 76, No. 137 / Monday, July 18, 2011 / Rules and Regulations
interest income on the country Z debt
obligations. DE makes a payment to country
Z of $100 million with respect to such
income and distributes the remaining $300
million to FC. FC contributes the $300
million back to DE. None of FC’s stock is
owned, directly or indirectly, by USP or
shareholders of USP that are domestic
corporations, U.S. citizens, or resident alien
individuals. Assume that country Z imposes
a withholding tax on interest income derived
by U.S. residents.
(C) Country Z treats FC as the owner of the
class C stock. Pursuant to country Z tax law,
FC is required to report the $400 million of
income with respect to the $300 million
distribution from DE, but is allowed to claim
credits for DE’s $100 million payment to
country Z. For country Z tax purposes, FC is
entitled to current deductions equal to the
$300 million contributed back to DE.
(ii) Result. The payment to country Z is not
a compulsory payment, and thus is not an
amount of tax paid because the payment is
attributable to a structured passive
investment arrangement. First, DE is an SPV
because all of DE’s income is passive
investment income described in paragraph
(e)(5)(iv)(C)(5) of this section; all of DE’s
assets are held to produce such income; the
payment to country Z is attributable to such
income; and if the payment were an amount
of tax paid it would be paid or accrued in
a U.S. taxable year in which DE meets the
requirements of paragraph (e)(5)(iv)(B)(1)(i)
of this section. Second, if the payment were
an amount of tax paid, USP would be eligible
to claim a credit for such amount under
section 901(a). Third, USP’s proportionate
share of DE’s foreign payment of $100
million is substantially greater than the
amount of credits USP would be eligible to
claim if it directly held its proportionate
share of DE’s assets, excluding any assets that
would produce income subject to gross basis
withholding tax if directly held by USP.
Fourth, FC is entitled to claim a credit under
country Z tax law for the payment and
recognizes a deduction for the $300 million
contributed to DE under country Z law. The
credit claimed by FC corresponds to more
than 10% of USP’s share (for U.S. tax
purposes) of the foreign payment and the
deductions claimed by FC correspond to
more than 10% of the base with respect to
which USP’s share of the foreign payment
was imposed. Fifth, FC is a counterparty
because FC is considered to own equity of DE
under country Z law and none of FC’s stock
is owned, directly or indirectly, by USP or
shareholders of USP that are domestic
corporations, U.S. citizens, or resident alien
individuals. Sixth, the United States and
country X treat certain aspects of the
transaction differently, including the
proportion of equity owned in DE by USP
and FC, and the amount of credits claimed
by USP if the country Z payment were an
amount of tax paid is materially greater than
it would be if the country X tax treatment
controlled for U.S. tax purposes such that FC,
rather than USP, owned the class C stock.
Because the payment to country Z is not an
amount of tax paid, USP is not considered to
pay tax under section 901. USP has $400
million of interest income.
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Example 10. Loss surrender. (i) Facts. The
facts are the same as in Example 9, except
that the deductions attributable to the
arrangement contribute to a loss recognized
by FC for country Z tax purposes, and
pursuant to a group relief regime in country
Z FC elects to surrender the loss to its
country Z subsidiary.
(ii) Result. The results are the same as in
Example 9. The surrender of the loss to a
related party is a foreign tax benefit that
corresponds to the base with respect to
which USP’s share of the foreign payment
was imposed.
Example 11. Joint venture; no foreign tax
benefit. (i) Facts. FC, a country X corporation,
and USC, a domestic corporation, each
contribute $1 billion to a newly-formed
country X entity (C) in exchange for stock of
C. FC and USC are entitled to equal 50%
shares of all of C’s income, gain, expense and
loss. C is treated as a corporation for country
X purposes and a partnership for U.S. tax
purposes. In year 1, C earns $200 million of
net passive investment income, makes a
payment to country X of $60 million with
respect to that income, and distributes $70
million to each of FC and USC. Country X
does not impose tax on dividends received
by one country X corporation from a second
country X corporation.
(ii) Result. FC’s tax-exempt receipt of $70
million, or its 50% share of C’s profits, is not
a foreign tax benefit within the meaning of
paragraph (e)(5)(iv)(B)(4) of this section
because it does not correspond to any part of
the foreign base with respect to which USC’s
share of the foreign payment was imposed.
Accordingly, the $60 million payment to
country X is not attributable to a structured
passive investment arrangement.
Example 12. Joint venture; no foreign tax
benefit. (i) Facts. The facts are the same as
in Example 11, except that C in turn
contributes $2 billion to a wholly-owned and
newly-formed country X entity (D) in
exchange for stock of D. D is treated as a
corporation for country X purposes and
disregarded as an entity separate from its
owner for U.S. tax purposes. C has no other
assets and earns no other income. In year 1,
D earns $200 million of passive investment
income, makes a payment to country X of $60
million with respect to that income, and
distributes $140 million to C.
(ii) Result. C’s tax-exempt receipt of $140
million is not a foreign tax benefit within the
meaning of paragraph (e)(5)(iv)(B)(4) of this
section because it does not correspond to any
part of the foreign base with respect to which
USC’s share of the foreign payment was
imposed. Fifty percent of C’s foreign tax
exemption is not a foreign tax benefit within
the meaning of paragraph (e)(5)(iv)(B)(4)
because it relates to earnings of D that are
distributed with respect to an equity interest
in D that is owned indirectly by USC under
both U.S. and foreign tax law. The remaining
50% of C’s foreign tax exemption, as well as
FC’s tax-exempt receipt of $70 million from
C, is also not a foreign tax benefit because it
does not correspond to any part of the foreign
base with respect to which USC’s share of the
foreign payment was imposed. Accordingly,
the $60 million payment to country X is not
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attributable to a structured passive
investment arrangement.
*
*
*
*
*
(h) * * *
(2) Paragraph (e)(5)(iv) of this section
applies to foreign payments that, if such
payments were an amount of tax paid,
would be considered paid or accrued
under § 1.901–2(f) on or after July 13,
2011. See 26 CFR 1.901–2T(e)(5)(iv)
(revised as of April 1, 2011), for rules
applicable to foreign payments that, if
such payments were an amount of tax
paid, would be considered paid or
accrued before July 13, 2011.
§ 1.901–2T
■
[Removed]
Par. 5. Section 1.901–2T is removed.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: July 11, 2011.
Emily S. McMahon,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 2011–17920 Filed 7–13–11; 11:15 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0533]
RIN 1625–AA00
Safety Zones; Swimming Events in
Captain of the Port Boston Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing eight temporary safety
zones for marine events within the
Captain of the Port (COTP) Boston Zone
for swimming events. This action is
necessary to provide for the safety of life
on navigable waters during the events.
Entering into, transiting through,
mooring or anchoring within these
zones is prohibited unless authorized by
the COTP Sector Boston.
DATES: This rule is effective in the CFR
on July 18, 2011 through 11:59 p.m. on
September 24, 2011. This rule is
effective with actual notice for purposes
of enforcement beginning at 8:30 a.m.
on July 7, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0533 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0533 in the ‘‘Keyword’’
SUMMARY:
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box, and then clicking ‘‘Search.’’ They
are 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 MST1 David Labadie
of the Waterways Management Division,
U.S. Coast Guard Sector Boston;
telephone 617–223–3010, e-mail
david.j.labadie@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because any
delay encountered in this regulation’s
effective date by publishing a NPRM
would be contrary to public interest
since immediate action is needed to
provide for the safety of life and
property on navigable waters from the
hazardous nature of swimming events
such as large numbers of swimmers in
congested waterways. We spoke with
each event sponsor and each indicated
they were unable and unwilling to move
their event date to a later time. Sponsors
stated they are unwilling to reschedule
these events because they are held in
conjunction with other activities and
already scheduled on the most suitable
dates where swim event’s that are
dependent on tide and current
conditions predicted for the day will be
conducive to the safety of the swim
participants. Rescheduling would not be
a viable option because most event
locations, have fully booked marine
event summer schedules making
rescheduling unrealistic. These
swimming events are all reoccurring
annual marine events. The Coast Guard
intends to make these safety zones
permanent regulations and has
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submitted a NPRM for submission to the
Federal Register requesting public
comments. Additionally, the Coast
Guard has ordered safety zones or
special local regulations for all of these
areas for past events and has not
received public comments or concerns
regarding the impact to waterway traffic
from those events. Delaying the effective
date by first publishing a NPRM would
be contrary to the rule’s objectives of
ensuring safety of life on the navigable
waters during these scheduled events as
immediate action is needed to protect
persons and vessels from the hazardous
nature of swimming events.
Basis and Purpose
The legal basis for the temporary rule
is 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; Pub. L. 107–295, 116 Stat. 2064;
and Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to define safety zones.
Marine events are frequently held on
the navigable waters within the COTP
Boston Zone. Based on the potential
hazards of swimming events, the COTP
Sector Boston has determined that
swimming events proximate to
watercrafts pose significant risk to
public safety and property. The
combination of increased numbers of
recreation vessels, congested waterways,
and large numbers of swimmers in the
water has the potential to result in
serious injuries or fatalities. In order to
protect the safety of all waterway users
including event participants and
spectators, this temporary rule
establishes temporary safety zones for
the time and location of each event.
This rule prevents vessels from
entering into, transiting through,
mooring or anchoring within areas
specifically designated as regulated
areas during the periods of enforcement
unless authorized by the COTP, or the
designated representative.
Discussion of Rule
This temporary rule creates safety
zones for eight swimming events in the
COTP Boston Zone. These events are
listed below in the text of the regulation.
Because large numbers of spectator
vessels are expected to congregate
around the location of these events, the
regulated areas are needed to protect
both spectators and participants from
the safety hazards created by swimming
events including marine casualties and
the risk of boat collisions with
swimmers in the water that may cause
death or serious bodily harm. During the
enforcement period of the regulated
areas, persons and vessels are
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prohibited from entering into, transiting
through, anchoring or mooring within
the zone unless specifically authorized
by the COTP or the designated
representatives. The Coast Guard may
be assisted by other federal, state and
local agencies in the enforcement of
these regulated areas.
The Coast Guard determined that
these regulated areas will not have a
significant impact on vessel traffic due
to their temporary nature and limited
size and the fact that vessels are allowed
to transit the navigable waters outside of
the regulated areas. Additionally, The
Coast Guard has ordered safety zones or
special local regulations for past events
and has not received public comments
or concerns regarding the impact to
waterway traffic.
Advanced public notifications will
also be made to the local maritime
community by the Local Notice to
Mariners as well as Broadcast Notice to
Mariners.
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.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
The Coast Guard determined that this
rule is not a significant regulatory action
for the following reasons: The regulated
areas will be of limited duration, they
cover only a small portion of the
navigable waterways, and the events are
designed to avoid, to the extent
possible, deep draft, fishing, and
recreational boating traffic routes. In
addition, vessels requiring entry into the
area of the regulated areas may be
authorized to do so by the Captain of the
Port.
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
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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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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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 designated regulated area during the
enforcement periods stated for each
event in the List of Subjects.
The temporary safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: The regulated
areas will be of limited size and of short
duration, and vessels that can safely do
so may navigate in all other portions of
the waterways except for the areas
designated as regulated areas.
Additionally, before the effective
period, the Coast Guard will issue
notice of the time and location of each
regulated area through a Local Notice to
Mariners and Broadcast Notice to
Mariners.
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.
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
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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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause 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
Protection of Children
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
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.
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of temporary
safety zones. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
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’’
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures, and
Waterways.
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
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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.
Chapters 701, 3306, 3703; 33 CFR 1.05–1 and
160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–0533 to read as
follows:
■
§ 165.T01–0533 Safety Zones; Swimming
Events in Captain of the Port Boston Zone.
(a) Regulations. The general
regulations contained in 33 CFR 165.23
as well as the following regulations
apply to the swimming events listed in
TABLE 1 of T01–0533. These
regulations will be enforced for the
duration of each event. Notifications of
exact dates and times of the
enforcement period will be made to the
local maritime community through the
Local Notice to Mariners and Broadcast
Notice to Mariners. First Coast Guard
District Local Notice to Mariners can be
found at https://www.navcen.uscg.gov/.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative. Any
Coast Guard commissioned, warrant or
petty officer of the U.S. Coast Guard
who has been designated by the Captain
of the Port (COTP), Sector Boston, to act
on his or her behalf. The designated
representative may be on an official
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Vessel operators desiring to enter
or operate within the regulated areas
should contact the COTP or the
designated representative via VHF
channel 16 to obtain permission to do
so.
42051
(d) Spectators or other vessels shall
not anchor, block, loiter, or impede the
transit of event participants or official
patrol vessels in the regulated areas
during the effective dates and times, or
dates and times as modified through the
Local Notice to Mariners, unless
authorized by COTP or the designated
representative.
(e) Upon being hailed by a U.S. Coast
Guard vessel or the designated
representative, by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed. Failure
to comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or the designated
representative may delay or terminate
any marine event in this subpart at any
time it is deemed necessary to ensure
the safety of life or property.
(g) The regulated area for all
swimming events listed in TABLE 1 of
T01–0533 is that area of navigable
waters within the area described in the
table as LOCATION.
TABLE 1 OF T01–0533
6
6.1
June
Cohasset Triathlon ...........................................................................
• Date: June 26, 2011.
• Time: 8:30 a.m. to 10 a.m.
• Location: All waters in the vicinity of Cohasset Harbor around Sandy
Beach, within the following points (NAD 83):
42°15.6′ N, 070°48.1′ W.
42°15.5′ N, 070°48.1′ W.
42°15.4′ N, 070°47.9′ W.
42°15.4′ N, 070°47.8′ W.
7
July
7.1
Swim Across America Boston .........................................................
• Date: July 15, 2011.
• Time: 7 a.m. to 3 p.m.
• Location: All waters of Boston Harbor between Rowes Warf and Little Brewster Island within the following points (NAD 83):
42°21.4′ N, 071°03.0′ W.
42°21.5′ N, 071°02.9′ W.
42°19.8′ N, 070°53.6′ W.
42°19.6′ N, 070°53.4′ W
7.2
Swim Across America Nantasket Beach .........................................
• Date: July 16, 2011.
• Time: 9 a.m. to 11 a.m.
• Location: All waters of Massachusetts Bay near Nantasket Beach
within the following points (NAD 83):
42°16.7′ N, 070°51.9′ W.
42°16.9′ N, 070°51.3′ W.
42°16.3′ N, 070°50.5′ W.
42°16.1′ N, 070°51.0′ W.
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8
8.1
August
Sharkfest Swim ................................................................................
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• Date: August 8, 2011.
• Time: 10 a.m. to 12 p.m.
• Location: All waters of Old Harbor from near Columbia Point to Carson Beach within the following points (NAD 83):
42°19.1′ N, 071°02.2′ W.
42°19.2′ N, 071°01.9′ W.
42°19.7′ N, 071°02.8′ W.
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TABLE 1 OF T01–0533—Continued
42°19.4′ N, 071°02.9′ W.
8.2
Celebrate the Clean Harbor Swim ...................................................
•
•
•
•
8.3
Boston Light Swim ...........................................................................
• Date: August 13, 2011.
• Time: 6 a.m. to 12 p.m.
• Location: All waters of Boston Harbor between the L Street Bath
House and Little Brewster Island within the following points (NAD
83):
42°19.7′ N, 071°02.2′ W.
42°19.9′ N, 071°10.7′ W
42°19.8′ N, 070°53.6′ W.
42°19.6′ N, 070°53.4′ W.
Date: August 13, 2011.
Rain Date: following day.
Time: 9 a.m. to 12 p.m.
Location: All waters of Gloucester Harbor within the following points
(NAD 83):
42°35.3′ N, 070°39.8′ W.
42°35.9′ N, 070°39.2′ W.
42°35.9′ N, 070°39.8′ W.
42°35.3′ N, 070°40.2′ W.
9
September
9.1
Mayflower Triathlon ..........................................................................
• Date: September 3, 2011.
• Time: 7:30 a.m. to 8:30 a.m.
• Location: All waters of Plymouth Inner Harbor within the following
points (NAD 83):
41°58.3′ N, 070°40.6′ W
41°58.7′ N, 070°39.1′ W.
41°56.8′ N, 070°37.8′ W.
41°57.1′ N, 070°39.2′ W.
9.2
Duxbury Beach Triathlon .................................................................
• Date: September 24, 2011.
• Time: 9 a.m. to 10 a.m.
• Location: All waters of Duxbury Bay on the south side of the Powder
Point Bridge within the following points (NAD 83):
42°02.8′ N, 070°39.1′ W.
42°03.0′ N, 070°38.7′ W.
42°02.8′ N, 070°38.6′ W.
42°02.7′ N, 070°39.0′ W.
Dated: July 7, 2011.
J.N. Healey,
Captain, U.S. Coast Guard, Captain of the
Port Sector Boston.
[FR Doc. 2011–17983 Filed 7–15–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 63
[EPA–HQ–OAR–2003–0146; FRL–9439–2]
RIN 2060–AO55
mstockstill on DSK4VPTVN1PROD with RULES
National Emission Standards for
Hazardous Air Pollutants From
Petroleum Refineries
Environmental Protection
Agency (EPA).
ACTION: Final rule; partial withdrawal.
AGENCY:
On October 28, 2009, the EPA
proposed to withdraw the residual risk
and technology review portions of the
final rule amending the National
SUMMARY:
VerDate Mar<15>2010
15:32 Jul 15, 2011
Jkt 223001
Emission Standards for Hazardous Air
Pollutants From Petroleum Refineries.
EPA is now providing final notice of the
partial withdrawal.
DATES: As of August 17, 2011, EPA
withdraws portions of the final rule
signed by then Administrator Stephen
Johnson on January 16, 2009.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0146. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy.
Publicly available docket materials are
available either electronically in
www.regulations.gov or in hard copy at
the EPA Docket Center, Environmental
Protection Agency, EPA West Building,
Room 3334, 1301 Constitution Ave.,
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the Air and Radiation
Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Brenda Shine, Office of Air Quality
Planning and Standards, Sector Policies
and Programs Division, Refining and
Chemicals Group (E143–01),
Environmental Protection Agency,
Research Triangle Park, NC 27711,
telephone number: (919) 541–3608; fax
number: (919) 541–0246; e-mail address:
shine.brenda@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
Section 112 of the Clean Air Act
(CAA) establishes a two-stage regulatory
process to address emissions of
hazardous air pollutants (HAP) from
stationary sources. In the first stage,
after the EPA has identified categories of
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42048-42052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17983]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0533]
RIN 1625-AA00
Safety Zones; Swimming Events in Captain of the Port Boston Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing eight temporary safety zones
for marine events within the Captain of the Port (COTP) Boston Zone for
swimming events. This action is necessary to provide for the safety of
life on navigable waters during the events. Entering into, transiting
through, mooring or anchoring within these zones is prohibited unless
authorized by the COTP Sector Boston.
DATES: This rule is effective in the CFR on July 18, 2011 through 11:59
p.m. on September 24, 2011. This rule is effective with actual notice
for purposes of enforcement beginning at 8:30 a.m. on July 7, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0533 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0533 in the
``Keyword''
[[Page 42049]]
box, and then clicking ``Search.'' They are 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 MST1 David Labadie of the Waterways
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail david.j.labadie@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
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest since immediate action is needed to provide for the
safety of life and property on navigable waters from the hazardous
nature of swimming events such as large numbers of swimmers in
congested waterways. We spoke with each event sponsor and each
indicated they were unable and unwilling to move their event date to a
later time. Sponsors stated they are unwilling to reschedule these
events because they are held in conjunction with other activities and
already scheduled on the most suitable dates where swim event's that
are dependent on tide and current conditions predicted for the day will
be conducive to the safety of the swim participants. Rescheduling would
not be a viable option because most event locations, have fully booked
marine event summer schedules making rescheduling unrealistic. These
swimming events are all reoccurring annual marine events. The Coast
Guard intends to make these safety zones permanent regulations and has
submitted a NPRM for submission to the Federal Register requesting
public comments. Additionally, the Coast Guard has ordered safety zones
or special local regulations for all of these areas for past events and
has not received public comments or concerns regarding the impact to
waterway traffic from those events. Delaying the effective date by
first publishing a NPRM would be contrary to the rule's objectives of
ensuring safety of life on the navigable waters during these scheduled
events as immediate action is needed to protect persons and vessels
from the hazardous nature of swimming events.
Basis and Purpose
The legal basis for the temporary rule is 33 U.S.C. 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Pub. L. 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
Marine events are frequently held on the navigable waters within
the COTP Boston Zone. Based on the potential hazards of swimming
events, the COTP Sector Boston has determined that swimming events
proximate to watercrafts pose significant risk to public safety and
property. The combination of increased numbers of recreation vessels,
congested waterways, and large numbers of swimmers in the water has the
potential to result in serious injuries or fatalities. In order to
protect the safety of all waterway users including event participants
and spectators, this temporary rule establishes temporary safety zones
for the time and location of each event.
This rule prevents vessels from entering into, transiting through,
mooring or anchoring within areas specifically designated as regulated
areas during the periods of enforcement unless authorized by the COTP,
or the designated representative.
Discussion of Rule
This temporary rule creates safety zones for eight swimming events
in the COTP Boston Zone. These events are listed below in the text of
the regulation.
Because large numbers of spectator vessels are expected to
congregate around the location of these events, the regulated areas are
needed to protect both spectators and participants from the safety
hazards created by swimming events including marine casualties and the
risk of boat collisions with swimmers in the water that may cause death
or serious bodily harm. During the enforcement period of the regulated
areas, persons and vessels are prohibited from entering into,
transiting through, anchoring or mooring within the zone unless
specifically authorized by the COTP or the designated representatives.
The Coast Guard may be assisted by other federal, state and local
agencies in the enforcement of these regulated areas.
The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas. Additionally, The
Coast Guard has ordered safety zones or special local regulations for
past events and has not received public comments or concerns regarding
the impact to waterway traffic.
Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.
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.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The regulated areas will
be of limited duration, they cover only a small portion of the
navigable waterways, and the events are designed to avoid, to the
extent possible, deep draft, fishing, and recreational boating traffic
routes. In addition, vessels requiring entry into the area of the
regulated areas may be authorized to do so by the Captain of the Port.
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
[[Page 42050]]
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 designated regulated area during the
enforcement periods stated for each event in the List of Subjects.
The temporary safety zones will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The regulated areas will be of limited size and of short
duration, and vessels that can safely do so may navigate in all other
portions of the waterways except for the areas designated as regulated
areas. Additionally, before the effective period, the Coast Guard will
issue notice of the time and location of each regulated area through a
Local Notice to Mariners and Broadcast Notice to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of
temporary safety zones. 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 record
keeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 42051]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 33 CFR 1.05-1 and 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T01-0533 to read as follows:
Sec. 165.T01-0533 Safety Zones; Swimming Events in Captain of the
Port Boston Zone.
(a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the swimming events
listed in TABLE 1 of T01-0533. These regulations will be enforced for
the duration of each event. Notifications of exact dates and times of
the enforcement period will be made to the local maritime community
through the Local Notice to Mariners and Broadcast Notice to Mariners.
First Coast Guard District Local Notice to Mariners can be found at
https://www.navcen.uscg.gov/.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative. Any Coast Guard commissioned,
warrant or petty officer of the U.S. Coast Guard who has been
designated by the Captain of the Port (COTP), Sector Boston, to act on
his or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
(2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 to obtain permission to do so.
(d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or the designated representative.
(e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
(f) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
(g) The regulated area for all swimming events listed in TABLE 1 of
T01-0533 is that area of navigable waters within the area described in
the table as LOCATION.
Table 1 of T01-0533
------------------------------------------------------------------------
------------------------------------------------------------------------
6 June
------------------------------------------------------------------------
6.1 Cohasset Triathlon................. Date: June 26, 2011.
Time: 8:30 a.m. to 10
a.m.
Location: All waters
in the vicinity of Cohasset
Harbor around Sandy Beach,
within the following points
(NAD 83):
42[deg]15.6' N,
070[deg]48.1' W.
42[deg]15.5' N,
070[deg]48.1' W.
42[deg]15.4' N,
070[deg]47.9' W.
42[deg]15.4' N,
070[deg]47.8' W.
------------------------------------------------------------------------
7 July
------------------------------------------------------------------------
7.1 Swim Across America Boston......... Date: July 15, 2011.
Time: 7 a.m. to 3 p.m.
Location: All waters
of Boston Harbor between Rowes
Warf and Little Brewster
Island within the following
points (NAD 83):
42[deg]21.4' N,
071[deg]03.0' W.
42[deg]21.5' N,
071[deg]02.9' W.
42[deg]19.8' N,
070[deg]53.6' W.
42[deg]19.6' N,
070[deg]53.4' W
------------------------------------------------------------------------
7.2 Swim Across America Nantasket Beach Date: July 16, 2011.
Time: 9 a.m. to 11
a.m.
Location: All waters
of Massachusetts Bay near
Nantasket Beach within the
following points (NAD 83):
42[deg]16.7' N,
070[deg]51.9' W.
42[deg]16.9' N,
070[deg]51.3' W.
42[deg]16.3' N,
070[deg]50.5' W.
42[deg]16.1' N,
070[deg]51.0' W.
------------------------------------------------------------------------
8 August
------------------------------------------------------------------------
8.1 Sharkfest Swim..................... Date: August 8, 2011.
Time: 10 a.m. to 12
p.m.
Location: All waters
of Old Harbor from near
Columbia Point to Carson Beach
within the following points
(NAD 83):
42[deg]19.1' N,
071[deg]02.2' W.
42[deg]19.2' N,
071[deg]01.9' W.
42[deg]19.7' N,
071[deg]02.8' W.
[[Page 42052]]
42[deg]19.4' N,
071[deg]02.9' W.
------------------------------------------------------------------------
8.2 Celebrate the Clean Harbor Swim.... Date: August 13, 2011.
Rain Date: following
day.
Time: 9 a.m. to 12
p.m.
Location: All waters
of Gloucester Harbor within
the following points (NAD 83):
42[deg]35.3' N,
070[deg]39.8' W.
42[deg]35.9' N,
070[deg]39.2' W.
42[deg]35.9' N,
070[deg]39.8' W.
42[deg]35.3' N,
070[deg]40.2' W.
------------------------------------------------------------------------
8.3 Boston Light Swim.................. Date: August 13, 2011.
Time: 6 a.m. to 12
p.m.
Location: All waters
of Boston Harbor between the L
Street Bath House and Little
Brewster Island within the
following points (NAD 83):
42[deg]19.7' N,
071[deg]02.2' W.
42[deg]19.9' N,
071[deg]10.7' W
42[deg]19.8' N,
070[deg]53.6' W.
42[deg]19.6' N,
070[deg]53.4' W.
------------------------------------------------------------------------
9 September
------------------------------------------------------------------------
9.1 Mayflower Triathlon................ Date: September 3,
2011.
Time: 7:30 a.m. to
8:30 a.m.
Location: All waters
of Plymouth Inner Harbor
within the following points
(NAD 83):
41[deg]58.3' N,
070[deg]40.6' W
41[deg]58.7' N,
070[deg]39.1' W.
41[deg]56.8' N,
070[deg]37.8' W.
41[deg]57.1' N,
070[deg]39.2' W.
------------------------------------------------------------------------
9.2 Duxbury Beach Triathlon............ Date: September 24,
2011.
Time: 9 a.m. to 10
a.m.
Location: All waters
of Duxbury Bay on the south
side of the Powder Point
Bridge within the following
points (NAD 83):
42[deg]02.8' N,
070[deg]39.1' W.
42[deg]03.0' N,
070[deg]38.7' W.
42[deg]02.8' N,
070[deg]38.6' W.
42[deg]02.7' N,
070[deg]39.0' W.
------------------------------------------------------------------------
Dated: July 7, 2011.
J.N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Sector Boston.
[FR Doc. 2011-17983 Filed 7-15-11; 8:45 am]
BILLING CODE 9110-04-P
