Special Local Regulations; Sabine River, Orange, TX, 52563-52565 [2011-21461]
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Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
entry for § 301.7502–1T to read in part
as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7502–1 is
amended by:
■ 1. Revising paragraphs (b)(2) and (e).
■ 2. Adding paragraphs (c)(3) and (g)(4).
The additions and revisions read as
follows:
■
§ 301.7502–1 Timely mailing of documents
and payments treated as timely filing and
paying.
*
*
*
*
(b) * * *
(2) Claims for refund—(i) In general.
In the case of certain taxes, a return may
constitute a claim for credit or refund.
Section 7502 is applicable to the
determination of whether a claim for
credit or refund is timely filed for
purposes of section 6511(a) if the
conditions of section 7502 are met,
irrespective of whether the claim is also
a return. For rules regarding claims for
refund on late filed tax returns, see
paragraph (f) of this section. Section
7502 is also applicable when a claim for
credit or refund is delivered after the
last day of the period specified in
section 6511(b)(2)(A) or in any other
corresponding provision of law relating
to the limit on the amount of credit or
refund that is allowable.
(ii) Example. The rules of paragraph
(b)(2)(i) of this section are illustrated by
the following example:
rmajette on DSK89S0YB1PROD with RULES
*
Example. (A) Taxpayer A, an individual,
mailed his 2004 Form 1040, ‘‘U.S. Individual
Income Tax Return,’’ on May 10, 2005, but
no tax was paid at that time because the tax
liability disclosed by the return had been
completely satisfied by the income tax that
had been withheld on A’s wages. On April
15, 2008, A mails, in accordance with the
requirements of this section, a Form 1040X,
‘‘Amended U.S. Individual Income Tax
Return,’’ claiming a refund of a portion of the
tax that had been paid through withholding
during 2004. The date of the postmark on the
envelope containing the claim for refund is
April 15, 2008. The claim is received by the
IRS on April 18, 2008.
(B) Under section 6511(a), A’s claim for
refund is timely if filed within three years
from May 10, 2005, the date on which A’s
2004 return was filed. As a result of the
limitations of section 6511(b)(2)(A), if A’s
claim is not filed within three years after
April 15, 2005, the date on which A is
deemed under section 6513 to have paid his
2004 tax, A is not entitled to any refund.
Because A’s claim for refund is postmarked
and mailed in accordance with the
requirements of this section and is delivered
after the last day of the period specified in
section 6511(b)(2)(A), section 7502 is
applicable and the claim is deemed to have
been filed on April 15, 2008.
*
*
*
(c) * * *
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*
*
14:22 Aug 22, 2011
Jkt 223001
(3) Private delivery services. Under
section 7502(f)(1), a service of a private
delivery service (PDS) may be treated as
an equivalent to United States mail for
purposes of the postmark rule if the
Commissioner determines that the
service satisfies the conditions of
section 7502(f)(2). Thus, the
Commissioner may, in guidance
published in the Internal Revenue
Bulletin (see § 601.601(d)(2)(ii)(b) of this
chapter), prescribe procedures and
additional rules to designate a service of
a PDS for purposes of the postmark rule
of section 7502(a).
*
*
*
*
*
(e) Delivery—(1) General rule. Except
as provided in section 7502(f) and
paragraphs (c)(3) and (d) of this section,
section 7502 is not applicable unless the
document or payment is delivered by
U.S. mail to the agency, officer, or office
with which the document is required to
be filed or to which payment is required
to be made.
(2) Exceptions to actual delivery—(i)
Registered and certified mail. In the case
of a document (but not a payment) sent
by registered or certified mail, proof that
the document was properly registered or
that a postmarked certified mail
sender’s receipt was properly issued
and that the envelope was properly
addressed to the agency, officer, or
office constitutes prima facie evidence
that the document was delivered to the
agency, officer, or office. Other than
direct proof of actual delivery, proof of
proper use of registered or certified
mail, and proof of proper use of a duly
designated PDS as provided for by
paragraph (e)(2)(ii) of this section, are
the exclusive means to establish prima
facie evidence of delivery of a document
to the agency, officer, or office with
which the document is required to be
filed. No other evidence of a postmark
or of mailing will be prima facie
evidence of delivery or raise a
presumption that the document was
delivered.
(ii) Equivalents of registered and
certified mail. Under section 7502(f)(3),
the Secretary may extend the prima
facie evidence of delivery rule of section
7502(c)(1)(A) to a service of a designated
PDS, which is substantially equivalent
to United States registered or certified
mail. Thus, the Commissioner may, in
guidance published in the Internal
Revenue Bulletin (see
§ 601.601(d)(2)(ii)(b) of this chapter),
prescribe procedures and additional
rules to designate a service of a PDS for
purposes of demonstrating prima facie
evidence of delivery of a document
pursuant to section 7502(c).
*
*
*
*
*
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
52563
(g) * * *
(4) Registered or certified mail as the
means to prove delivery of a document.
Section 301.7502–1(e)(2) will apply to
all documents mailed after September
21, 2004.
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: August 10, 2011.
Emily S. McMahon,
Acting Assistant Secretary (Tax Policy).
[FR Doc. 2011–21416 Filed 8–22–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2011–0194]
RIN 1625–AA08
Special Local Regulations; Sabine
River, Orange, TX
Coast Guard, DHS.
Temporary Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary Special Local
Regulation on the Sabine River within
the Port Arthur, TX Captain of the Port
Zone. This Special Local Regulation is
intended to restrict vessels from
portions of the Sabine River during the
annual S.P.O.R.T boat races. This
Special Local Regulations is necessary
to protect spectators and vessels from
the hazards associated with powerboat
races.
DATES: This rule is effective from 8 a.m.
on September 24, 2011 to 6 p.m. on
September 25, 2011. This rule will be
enforced from 8 a.m. until 6 p.m. on
September 24 and 25, 2011.
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–2011–0194 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0194 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ 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
SUMMARY:
E:\FR\FM\23AUR1.SGM
23AUR1
52564
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
rule, call or e-mail Mr. Scott Whalen,
Marine Safety Unit Port Arthur, TX,
Coast Guard; telephone 409–719–5086,
e-mail scott.k.whalen@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:
Regulatory Information
On May 27, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations;
Sabine River, Orange, TX in the Federal
Register (76 FR 103). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
Background and Purpose
This temporary special local
regulation is necessary to ensure the
safety of vessels and spectators from
hazards associated with a powerboat
race. Under the authority of 33 U.S.C.
1233, the Captain of the Port has
determined that powerboat races in
close proximity to watercraft and
infrastructure pose significant risk to
public safety and property. Establishing
a special local regulation around the
location of the race course will help
ensure the safety of persons and
property at these events and help
minimize the risks associated with high
speed powerboat races.
Discussion of Comments and Changes
We received no comments and no
changes have been made to the
proposed rule.
rmajette on DSK89S0YB1PROD with RULES
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, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
that those Orders.
The Coast Guard has determined that
this rule is not a significant regulatory
action for the following reasons: (1) The
rule will be enforced for ten hours each
VerDate Mar<15>2010
14:22 Aug 22, 2011
Jkt 223001
day for two days; (2) scheduled breaks
will be provided to allow waiting
vessels to transit safely through the
affected area; and (3) persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated area if they obtain permission
from the COTP or the designated
representative; and (4) advance
notification will be made to the
maritime community via broadcast
notice to mariners and Local Notice to
Mariners (LNM).
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 would not
have a significant economic impact on
a substantial number of small entities.
This rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons: (1) This rule will
only be enforced from 8 a.m. until
6 p.m. each day that it is effective;
(2) during non-enforcement hours all
vessels will be allowed to transit
through the safety zone without having
to obtain permission from the Captain of
the Port, Port Arthur or a designated
representative; and (3) vessels will be
allowed to pass through the zone with
permission of the Coast Guard Patrol
Commander during scheduled break
periods between races and at other
times when permitted by the Coast
Guard Patrol Commander.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
E:\FR\FM\23AUR1.SGM
23AUR1
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
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 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.
rmajette on DSK89S0YB1PROD with RULES
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)(h), of the Instruction. This rule
VerDate Mar<15>2010
14:22 Aug 22, 2011
Jkt 223001
involves the establishment of a Special
Local Regulation. 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100 —REGULATED—SAFETY
OF LIFE ON NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
2. Add a temporary § 100.35T08–0194
to read as follows:
■
§ 100.35T08–0194 Special Local
Regulations for Marine Events; Sabine
River, Orange, TX.
(a) Definitions. As used in this section
‘‘Participant Vessel’’ means all vessels
officially registered with event officials
to race or work in the event. These
vessels include race boats, rescue boats,
tow boats, and picket boats associated
with the race.
(b) Location. The following area is a
safety zone: All waters of the Sabine
River, shoreline to shoreline, adjacent to
the Naval Reserve Unit and the Orange
public boat ramps located in Orange,
TX. The northern boundary is from the
end of Navy Pier One at 30°05′45″ N
93°43′24″ W then easterly to the rivers
eastern shore. The southern boundary is
a line shoreline to shoreline at latitude
30°05′33″ N.
(c) Enforcement Period. This
regulation will be enforced daily from
8 a.m. until 6 p.m. on September 24 and
25, 2011.
(d) Regulations.
(1) In accordance with the general
regulations in § 100 of this part, entry
into this zone is prohibited to all vessels
except participant vessels and those
vessels specifically authorized by the
Captain of the Port, Port Arthur or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through must request
permission from the Captain of the Port,
Port Arthur, or a designated
representative. They may be contacted
on VHF Channel 13 or 16, or by
telephone at (409) 723–6500.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port, Port Arthur,
designated representatives and
Frm 00033
Fmt 4700
Sfmt 4700
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: June 29, 2011.
Z.H. Pickett,
Commander, U.S. Coast Guard, Captain of
the Port, Port Arthur Acting.
[FR Doc. 2011–21461 Filed 8–22–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket Number USCG–2011–0761]
Authority: 33 U.S.C. 1233.
PO 00000
52565
RIN 1625–AA09
Drawbridge Operation Regulation;
Illinois Waterway, Joliet, IL
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Elgin
Joliet and Eastern Railroad Drawbridge,
across the Illinois Waterway, mile 290.1,
at Joliet, Illinois. The deviation is
necessary to allow the replacement of
the existing bridge miter rail joints and
installation of lift span alignment guides
to ensure precise seating. This deviation
allows the bridge to be maintained in
the closed-to-navigation position for ten
hours.
DATES: This deviation is effective from
8 a.m. to 6 p.m. on August 30, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0761 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0761 in the ‘‘Keyword’’
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 FUTHER INFORMATION CONTACT: If you
have questions on this rule, call or email
Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone (314) 269–2378,
e-mail Eric.Washburn@uscg.mil. If you
have questions on viewing the docket,
SUMMARY:
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52563-52565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21461]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2011-0194]
RIN 1625-AA08
Special Local Regulations; Sabine River, Orange, TX
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary Special Local
Regulation on the Sabine River within the Port Arthur, TX Captain of
the Port Zone. This Special Local Regulation is intended to restrict
vessels from portions of the Sabine River during the annual S.P.O.R.T
boat races. This Special Local Regulations is necessary to protect
spectators and vessels from the hazards associated with powerboat
races.
DATES: This rule is effective from 8 a.m. on September 24, 2011 to 6
p.m. on September 25, 2011. This rule will be enforced from 8 a.m.
until 6 p.m. on September 24 and 25, 2011.
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-2011-0194 and are available online by going to
https://www.regulations.gov, inserting USCG-2011-0194 in the ``Keyword''
box, and then clicking ``Search.'' 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
[[Page 52564]]
rule, call or e-mail Mr. Scott Whalen, Marine Safety Unit Port Arthur,
TX, Coast Guard; telephone 409-719-5086, e-mail
scott.k.whalen@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:
Regulatory Information
On May 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations; Sabine River, Orange, TX in
the Federal Register (76 FR 103). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with a
powerboat race. Under the authority of 33 U.S.C. 1233, the Captain of
the Port has determined that powerboat races in close proximity to
watercraft and infrastructure pose significant risk to public safety
and property. Establishing a special local regulation around the
location of the race course will help ensure the safety of persons and
property at these events and help minimize the risks associated with
high speed powerboat races.
Discussion of Comments and Changes
We received no comments and no changes have been made to the
proposed rule.
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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: (1) The rule will be
enforced for ten hours each day for two days; (2) scheduled breaks will
be provided to allow waiting vessels to transit safely through the
affected area; and (3) persons and vessels may enter, transit through,
anchor in, or remain within the regulated area if they obtain
permission from the COTP or the designated representative; and (4)
advance notification will be made to the maritime community via
broadcast notice to mariners and Local Notice to Mariners (LNM).
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
would not have a significant economic impact on a substantial number of
small entities.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
This rule will only be enforced from 8 a.m. until 6 p.m. each day that
it is effective; (2) during non-enforcement hours all vessels will be
allowed to transit through the safety zone without having to obtain
permission from the Captain of the Port, Port Arthur or a designated
representative; and (3) vessels will be allowed to pass through the
zone with permission of the Coast Guard Patrol Commander during
scheduled break periods between races and at other times when permitted
by the Coast Guard Patrol Commander.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule would 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
[[Page 52565]]
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 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)(h), of the Instruction. This rule involves the establishment of a
Special Local Regulation. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100 --REGULATED--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T08-0194 to read as follows:
Sec. 100.35T08-0194 Special Local Regulations for Marine Events;
Sabine River, Orange, TX.
(a) Definitions. As used in this section ``Participant Vessel''
means all vessels officially registered with event officials to race or
work in the event. These vessels include race boats, rescue boats, tow
boats, and picket boats associated with the race.
(b) Location. The following area is a safety zone: All waters of
the Sabine River, shoreline to shoreline, adjacent to the Naval Reserve
Unit and the Orange public boat ramps located in Orange, TX. The
northern boundary is from the end of Navy Pier One at
30[deg]05[min]45[sec] N 93[deg]43[min]24[sec] W then easterly to the
rivers eastern shore. The southern boundary is a line shoreline to
shoreline at latitude 30[deg]05[min]33[sec] N.
(c) Enforcement Period. This regulation will be enforced daily from
8 a.m. until 6 p.m. on September 24 and 25, 2011.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 100 of this
part, entry into this zone is prohibited to all vessels except
participant vessels and those vessels specifically authorized by the
Captain of the Port, Port Arthur or a designated representative.
(2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Port Arthur, or a
designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at (409) 723-6500.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Port Arthur, designated representatives and
designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S.
Coast Guard patrol personnel include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: June 29, 2011.
Z.H. Pickett,
Commander, U.S. Coast Guard, Captain of the Port, Port Arthur Acting.
[FR Doc. 2011-21461 Filed 8-22-11; 8:45 am]
BILLING CODE 9110-04-P
