Special Local Regulation, Cumberland River, Mile 157.0 to 159.0; Ashland City, TN, 54168-54170 [2013-21288]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
pursuant to a binding agreement that
was in effect prior to September 3, 2013,
and at all times thereafter. In addition,
taxpayers may apply these regulations
to transactions occurring after October
22, 2004.
DEPARTMENT OF HOMELAND
SECURITY
Par. 4. In § 1.705–1, paragraph (a)(9) is
added to read as follows:
[Docket No. USCG–2013–0742]
■
(a) * * *
(9) For basis adjustments necessary to
coordinate sections 705 and 362(e)(2),
see § 1.362–4(f)(i).
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Par. 5. In § 1.1367–1, a new sentence
is added at the end of paragraph (c)(2)
to read as follows:
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*
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*
*
(c) * * *
(2) * * * For basis adjustments
necessary to coordinate sections 1367
and 362(e)(2), see § 1.362–4(f)(ii).
*
*
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PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 6. The authority citation for part
602 continues to read as follows:
■
Authority: 26 U.S.C. 7805.
Par. 7. In § 602.101, paragraph (b) is
amended by adding the following
entries to the table in numerical order
to read as follows:
■
OMB Control numbers.
*
*
(b) * * *
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CFR part or section where
identified and described
Current OMB
control No.
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*
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1.336–2 .................................
1.336–4 .................................
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1545–2125
1545–2125
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1.362–4 .................................
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1545–2247
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Beth Tucker,
Deputy Commissioner for Operations
Support.
Approved: August 23, 2013.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2013–21330 Filed 8–30–13; 8:45 am]
BILLING CODE 4830–01–P
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Eighth Coast Guard District Annual
Marine Events; Clarksville Riverfest;
Cumberland River 125.0–126.0;
Clarksville, TN
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a Special Local Regulation for the
Clarksville Riverfest marine event on
the Cumberland River mile markers
125.0–126.0 from 8:00 a.m. until 1:00
p.m. on September 7, 2013. This action
is necessary to safeguard participants
and spectators, including all crews,
vessels, and persons on navigable
waters, during the Clarksville Riverfest
marine event. During the enforcement
period, entry into, transiting or
anchoring in the Special Local
Regulation is prohibited to all vessels
not registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port (COTP) Ohio Valley
or a designated representative.
DATES: The regulations in 33 CFR
100.801 will be enforced from 8:00 a.m.
until 1:00 p.m. on September 7, 2013.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call Petty Officer James
Alter, Coast Guard Marine Safety
Detachment Nashville at 615–736–5421,
or james.r.alter@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Special Local
Regulation for the annual Clarksville
Riverfest marine event listed in 33 CFR
100.801 Table 1, Table No. 30; Sector
Ohio Valley, No. 30 on September 7,
2013 from 8:00 a.m. until 1:00 p.m.
Under the provisions of 33 CFR
100.801, entry into the safety zone listed
in Table 1, Table No. 30; Sector Ohio
Valley, No. 30 is prohibited unless
authorized by the Captain of the Port or
a designated representative. Persons or
vessels desiring to enter into or passage
through the Safety Zone must request
permission from the Captain of the Port
or a designated representative. If
permission is granted, all persons and
vessels shall comply with the
instructions of the Captain of the Port or
designated representative.
SUMMARY:
§ 1.1367–1 Adjustments to basis of
shareholder’s stock in an S corporation.
*
33 CFR Part 100
RIN 1625–AA08
§ 1.705–1 Determination of basis of
partner’s interest.
§ 602.101
Coast Guard
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This notice is issued under authority
of 5 U.S.C. 552 (a); 33 U.S.C. 1233. In
addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Local Notice to Mariners and Marine
Information Broadcasts.
If the Captain of the Port Ohio Valley
or Patrol Commander determines that
the Special Local Regulation need not
be enforced for the full duration stated
in this notice of enforcement, he or she
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
Dated: August 12, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2013–21289 Filed 8–30–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[USCG–2013–0718]
RIN 1625–AA08
Special Local Regulation, Cumberland
River, Mile 157.0 to 159.0; Ashland
City, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for the waters of the
Cumberland River beginning at mile
marker 157.0 and ending at mile marker
159.0, extending bank to bank. This
zone is necessary to protect the
swimmers participating in the
Nashvegas Triathlon on the Cumberland
River. Entry into this area is prohibited
unless specifically authorized by the
Captain of the Port (COTP) Ohio Valley
or designated representative.
DATES: This rule is effective from 6:00
a.m. to 11:30 a.m. September 7, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0718]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
SUMMARY:
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
Building, 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 Petty Officer James Alter,
Marine Safety Detachment Nashville, at
(615) 736–5421 or email at
james.r.alter@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
pmangrum on DSK3VPTVN1PROD with RULES
A. Regulatory History and 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. The Coast
guard received notice on June 28, 2013
that the Nashvegas Triathlon is planned
to take place on September 7, 2013. A
special local regulation is necessary
during a swim event on the Cumberland
River. There is not time to complete the
NPRM process, and immediate action is
necessary to establish this special local
regulation to protect participants and
event personnel from the possible
marine hazards present during the swim
portion of the triathlon. Delaying the
special local regulation would also
unnecessarily interfere with the planned
event. This event is included in an
ongoing rulemaking to be added to the
CFR that can be found under docket
number USCG–2013–0014.
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register.
Providing a full 30 days notice and
delaying the effective date for this
special local regulation would be
impracticable because immediate action
is necessary to protect event
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Jkt 229001
participants from the possible marine
hazards present during the triathlon.
B. Basis and Purpose
The Nashvegas Triathlon takes place
on the Cumberland River from mile
marker 157.0 to 159.0. The Coast Guard
determined that a temporary special
local regulation is needed to protect the
800 swimmers participating in the
Nashvegas Triathlon. The legal basis
and authorities for this rulemaking
establishing a special local regulation
are found in 33 U.S.C. 1233, which
authorize the Coast Guard to establish
and define special local regulations. The
COTP Ohio Valley is establishing a
special local regulation for the waters of
the Cumberland River, beginning at mile
marker 157.0 and ending at 159.0 to
protect the swimmers participating in
the Nashvegas Triathlon. Entry into this
area is prohibited unless specifically
authorized by the COTP Ohio Valley or
designated representative.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing
a special local regulation for the waters
of the Cumberland River, beginning at
mile marker 157.0 and ending at 159.0,
during the swim portion of the
Nashvegas Triathlon. During this event,
vessels shall not enter into, depart from,
or move within the area of this special
local regulation without permission
from the COTP Ohio Valley or his
authorized representative. Persons or
vessels requiring entry into or passage
through the special local regulation
must request permission from the COTP
Ohio Valley, or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Sector Ohio Valley
at 1–800–253–7465. This rule is
effective from 6:00 a.m. to 11:30 a.m.
September 7, 2013. The COTP Ohio
Valley will inform the public through
Broadcast Notices to Mariners (BNM) of
the enforcement period for the special
local regulation as well as any changes
in the planned schedule.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. 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
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54169
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order.
This special local regulation restricts
transit on the Cumberland River from
mile marker 157.0 through 159.0 and
covers a period of five and one half
hours, from 6:00 a.m. to 11:30 a.m.
September 7, 2013. Due to its short
duration and limited scope, it does not
pose a significant regulatory impact.
Broadcast Notices to Mariners (BNM)
will also inform the community of this
special local regulation so that they may
plan accordingly for this short
restriction on transit. Vessel traffic may
request permission from the COTP Ohio
Valley or a designated representative to
enter the restricted area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 mile marker
157.0 to 159.0 on the Cumberland River,
from 6:00 a.m. to 11:30 a.m. on
September 7, 2013. The special local
regulation will not have a significant
economic impact on a substantial
number of small entities because this
rule will be in effect for a short period
of time. BNMs will also inform the
community of this special local
regulation so that they may plan
accordingly for this short restriction on
transit. Vessel traffic may request
permission from the COTP Ohio Valley
or a designated representative to enter
the restricted area.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
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54170
Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
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.
9. 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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
11. 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.
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. 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.
8. 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.
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14:09 Aug 30, 2013
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10. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 that 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 establishing a temporary
special local regulation to protect the
swimmers participating in the
Nashvegas Triathlon on the Cumberland
River from mile markers 157.0 to 159.0
for five hour period on one day.
An environmental analysis was
performed during the marine event
permit process for the triathlon event
and a checklist and a categorical
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exclusion determination are not
required for this special local regulation.
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 U. S. Coast Guard amends
33 CFR Part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. A new temporary § 100.T08–0718 is
added to read as follows:
■
§ 100.T08–0718 Special local regulation;
Cumberland River, Miles 157.0 to 159.0,
Ashland City, TN.
(a) Location. The following area is a
special local regulation: All waters of
the Cumberland River, beginning at mile
marker 157.0 and ending at mile marker
159.0.
(b) Effective date. This section is
effective and enforceable from 6:00 a.m.
to 11:30 a.m. on September 7, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry into this area is
prohibited unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the area must
request permission from the Captain of
the Port Ohio Valley or a designated
representative. U. S. Coast Guard Sector
Ohio Valley may be contacted on VHF
Channel 13 or 16, or at 1–800–253–
7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated 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.
(d) Informational broadcasts: The
Captain of the Port Ohio Valley or a
designated representative will inform
the public through broadcast notice to
mariners when the special local
regulation has been established and if
there are changes to the enforcement
period for this special local regulation.
Dated: August 2, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2013–21288 Filed 8–30–13; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54168-54170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21288]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2013-0718]
RIN 1625-AA08
Special Local Regulation, Cumberland River, Mile 157.0 to 159.0;
Ashland City, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the waters of the Cumberland River beginning at mile
marker 157.0 and ending at mile marker 159.0, extending bank to bank.
This zone is necessary to protect the swimmers participating in the
Nashvegas Triathlon on the Cumberland River. Entry into this area is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Ohio Valley or designated representative.
DATES: This rule is effective from 6:00 a.m. to 11:30 a.m. September 7,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0718]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West
[[Page 54169]]
Building, 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 Petty Officer James Alter, Marine Safety
Detachment Nashville, at (615) 736-5421 or email at
james.r.alter@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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. The Coast guard received notice on June 28,
2013 that the Nashvegas Triathlon is planned to take place on September
7, 2013. A special local regulation is necessary during a swim event on
the Cumberland River. There is not time to complete the NPRM process,
and immediate action is necessary to establish this special local
regulation to protect participants and event personnel from the
possible marine hazards present during the swim portion of the
triathlon. Delaying the special local regulation would also
unnecessarily interfere with the planned event. This event is included
in an ongoing rulemaking to be added to the CFR that can be found under
docket number USCG-2013-0014.
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Providing a full 30
days notice and delaying the effective date for this special local
regulation would be impracticable because immediate action is necessary
to protect event participants from the possible marine hazards present
during the triathlon.
B. Basis and Purpose
The Nashvegas Triathlon takes place on the Cumberland River from
mile marker 157.0 to 159.0. The Coast Guard determined that a temporary
special local regulation is needed to protect the 800 swimmers
participating in the Nashvegas Triathlon. The legal basis and
authorities for this rulemaking establishing a special local regulation
are found in 33 U.S.C. 1233, which authorize the Coast Guard to
establish and define special local regulations. The COTP Ohio Valley is
establishing a special local regulation for the waters of the
Cumberland River, beginning at mile marker 157.0 and ending at 159.0 to
protect the swimmers participating in the Nashvegas Triathlon. Entry
into this area is prohibited unless specifically authorized by the COTP
Ohio Valley or designated representative.
C. Discussion of the Final Rule
The COTP Ohio Valley is establishing a special local regulation for
the waters of the Cumberland River, beginning at mile marker 157.0 and
ending at 159.0, during the swim portion of the Nashvegas Triathlon.
During this event, vessels shall not enter into, depart from, or move
within the area of this special local regulation without permission
from the COTP Ohio Valley or his authorized representative. Persons or
vessels requiring entry into or passage through the special local
regulation must request permission from the COTP Ohio Valley, or a
designated representative. They may be contacted on VHF-FM Channel 13
or 16, or through Coast Guard Sector Ohio Valley at 1-800-253-7465.
This rule is effective from 6:00 a.m. to 11:30 a.m. September 7, 2013.
The COTP Ohio Valley will inform the public through Broadcast Notices
to Mariners (BNM) of the enforcement period for the special local
regulation as well as any changes in the planned schedule.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
This special local regulation restricts transit on the Cumberland
River from mile marker 157.0 through 159.0 and covers a period of five
and one half hours, from 6:00 a.m. to 11:30 a.m. September 7, 2013. Due
to its short duration and limited scope, it does not pose a significant
regulatory impact. Broadcast Notices to Mariners (BNM) will also inform
the community of this special local regulation so that they may plan
accordingly for this short restriction on transit. Vessel traffic may
request permission from the COTP Ohio Valley or a designated
representative to enter the restricted area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
mile marker 157.0 to 159.0 on the Cumberland River, from 6:00 a.m. to
11:30 a.m. on September 7, 2013. The special local regulation will not
have a significant economic impact on a substantial number of small
entities because this rule will be in effect for a short period of
time. BNMs will also inform the community of this special local
regulation so that they may plan accordingly for this short restriction
on transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees
[[Page 54170]]
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 that 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 establishing a temporary special
local regulation to protect the swimmers participating in the Nashvegas
Triathlon on the Cumberland River from mile markers 157.0 to 159.0 for
five hour period on one day.
An environmental analysis was performed during the marine event
permit process for the triathlon event and a checklist and a
categorical exclusion determination are not required for this special
local regulation.
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 U. S. Coast Guard
amends 33 CFR Part 100 as follows:
PART 100--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. A new temporary Sec. 100.T08-0718 is added to read as follows:
Sec. 100.T08-0718 Special local regulation; Cumberland River, Miles
157.0 to 159.0, Ashland City, TN.
(a) Location. The following area is a special local regulation: All
waters of the Cumberland River, beginning at mile marker 157.0 and
ending at mile marker 159.0.
(b) Effective date. This section is effective and enforceable from
6:00 a.m. to 11:30 a.m. on September 7, 2013.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U. S. Coast Guard Sector Ohio Valley
may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated 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.
(d) Informational broadcasts: The Captain of the Port Ohio Valley
or a designated representative will inform the public through broadcast
notice to mariners when the special local regulation has been
established and if there are changes to the enforcement period for this
special local regulation.
Dated: August 2, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-21288 Filed 8-30-13; 8:45 am]
BILLING CODE 9110-04-P
