Special Local Regulation, Cumberland River, Mile 190.0 to 192.0; Nashville, TN, 54569-54571 [2013-21623]
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Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
§ 1.1092(d)–1T(d) applies to straddles
established on or after January 17, 2001
(the date on which the 2001 NPRM was
filed with the Federal Register). No
inference is intended with respect to
straddles established prior to January
17, 2001. In appropriate cases, the IRS
may take the position under section
1092(d)(2) that, even in the absence of
a regulation, an obligation under a debt
instrument was part of a straddle prior
to the effective date of § 1.1092(d)–1T(d)
if the debt instrument functioned
economically as an interest in actively
traded personal property.
Special Analyses
It has been determined that this
Treasury decision is not a significant
regulatory action as defined in
Executive Order 12866, as
supplemented by Executive Order
13563. Therefore, a regulatory
assessment is not required. It also has
been determined that section 553(b) of
the Administrative Procedure Act (5
U.S.C. chapter 5) does not apply to these
regulations. For the applicability of the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) refer to the Special Analyses
section of the preamble to the crossreference notice of proposed rulemaking
published in the Proposed Rules section
in this issue of the Federal Register.
Pursuant to section 7805(f) of the Code,
this regulation has been submitted to
the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact on small
business.
Drafting Information
The principal author of these
regulations is Mary Brewer, Office of
Associate Chief Counsel (Financial
Institutions and Products). However,
other personnel from the IRS and the
Treasury Department participated in
their development.
*
*
*
*
(d) [Reserved]. For further guidance,
see § 1.1092(d)–1T(d).
(e) Effective/applicability dates. (1)
Paragraph (b)(1)(vii) of this section
applies to positions entered into on or
after October 14, 1993. Paragraph (c) of
this section applies to positions entered
into on or after July 8, 1991.
(2) [Reserved]. For further guidance,
see § 1.1092(d)–1T(e)(2).
■ Par. 3. Section 1.1092(d)–1T is added
to read as follows:
§ 1.1092(d)–1T Definitions and special
rules (temporary).
(a) through (c) [Reserved]. For further
guidance, see § 1.1092(d)–1(a) through
(c).
(d) Debt instrument linked to the
value of personal property. If a taxpayer
is the obligor under a debt instrument
one or more payments on which are
linked to the value of personal property
or a position with respect to personal
property, then the taxpayer’s obligation
under the debt instrument is a position
with respect to personal property and
may be part of a straddle.
(e) Effective/applicability dates—(1)
[Reserved]. For further guidance, see
§ 1.1092(d)–1(e)(1).
(2) Notwithstanding paragraph (e)(1)
of this section, paragraph (d) of this
section applies to straddles established
on or after January 17, 2001.
(f) Expiration date. The applicability
of this section expires on September 2,
2016.
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding an entry
in numerical order to read as follows:
■
ehiers on DSK2VPTVN1PROD with RULES
Definitions and special rules.
*
[FR Doc. 2013–21540 Filed 9–4–13; 8:45 am]
Amendments to the Regulations
Accordingly, 26 CFR part 1 is
amended as follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.1092(d)–1T also issued under 26
U.S.C. 1092(b)(1). * * *
Par. 2. Section 1.1092(d)–1 is
amended by redesignating paragraph (d)
as newly-designated paragraph (e) and
■
14:09 Sep 04, 2013
§ 1.1092(d)–1
Approved: August 26, 2013.
Beth Tucker,
Deputy Commissioner for Operations
Support.
Mark J. Mazur,
Assistant Secretary (Tax Policy).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
VerDate Mar<15>2010
revising newly-designated paragraph (e),
and adding new paragraph (d) to read as
follows:
Jkt 229001
33 CFR Part 100
[USCG–2013–0721]
RIN 1625–AA08
Special Local Regulation, Cumberland
River, Mile 190.0 to 192.0; Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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54569
The Coast Guard is
establishing a temporary special local
regulation for the waters of the
Cumberland River beginning at mile
marker 190.0 and ending at mile marker
192.0, extending bank to bank. This
zone is necessary to protect participants
in the Cumberland River Dragon Boat
Festival. 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 and
enforceable through actual notice from
8:00 a.m. to 6:00 p.m. September 7,
2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0721]. 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
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:
SUMMARY:
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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
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05SER1
54570
Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
notice of proposed rulemaking (NPRM)
with respect to this rule. This event is
currently in the CFR in Table 1 of
100.801 Eighth Coast Guard District
Table of Annual Marine Events, Table
No. 37, Sector Ohio Valley No. 37. It is
listed as occurring the second weekend
in August. The event sponsor has
changed the date to occur on September
7, 2013 this year. It will take place on
the Cumberland River mile 190.0 to
mile 192.0. A special local regulation is
necessary during a marine event on the
Cumberland River. There is no time to
complete the notice and comment
process of the APA, 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 Festival. Delaying the special
local regulation would also
unnecessarily interfere with the planned
event.
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 Festival.
ehiers on DSK2VPTVN1PROD with RULES
B. Basis and Purpose
The Cumberland River Dragon Boat
Festival takes place on the Cumberland
River from mile marker 190.0 to 192.0.
The Coast Guard determined that a
temporary special local regulation is
needed to protect the 1000 participants
in the Cumberland River Dragon Boat
Festival. 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 190.0 and ending at 192.0 to
protect the participants in the
Cumberland River Dragon Boat Festival.
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 190.0 and ending at 192.0,
during the Cumberland River Dragon
Boat Festival. During this event, vessels
VerDate Mar<15>2010
14:09 Sep 04, 2013
Jkt 229001
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 8:00 a.m. to 6:00 p.m.
September 7, 2013. The COTP Ohio
Valley will inform the public through
broadcast notices to mariners 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 190.0 through 192.0 and
covers a period of ten hours, from 8:00
a.m. to 6:00 p.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
PO 00000
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Fmt 4700
Sfmt 4700
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
190.0 to 192.0 on the Cumberland River,
from 8:00 a.m. to 6:00 p.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
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
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05SER1
Federal Register / Vol. 78, No. 172 / Thursday, September 5, 2013 / Rules and Regulations
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.
ehiers on DSK2VPTVN1PROD with RULES
11. Indian Tribal Governments
14:09 Sep 04, 2013
Jkt 229001
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
participants in the Cumberland River
Dragon Boat Festival on the Cumberland
River from mile markers 190.0 to 192.0
for ten hour period on one day.
An environmental analysis was
performed during the marine event
permit process for the rowing 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
(b) Effective date. This section is
effective from 8:00 a.m. to 6:00 p.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 9, 2013.
R.V. Timme,
Captain, U.S. Coast Guard Captain of the
Port Ohio Valley.
[FR Doc. 2013–21623 Filed 9–4–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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:
Coast Guard
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Special Local Regulation for Marine
Event Hampton Bay Days Festival,
Hampton River; Hampton, VA
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
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.
VerDate Mar<15>2010
12. Energy Effects
54571
2. A new temporary § 100.T08–0721 is
added to read as follows:
■
§ 100.T08–0721 Special Local Regulation;
Cumberland River, Miles 190.0 to 192.0,
Nashville, TN.
(a) Location. The following area is a
special local regulation: All waters of
the Cumberland River, beginning at mile
marker 190.0 and ending at mile marker
192.0.
PO 00000
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33 CFR Part 100
[Docket No. USCG–2013–0732]
RIN 1625–AA08
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
period of a special local regulation for
one specific recurring marine event in
the Fifth Coast Guard District. This
regulation applies only to the Hampton
Bay Days Festival, which consists of a
Fireworks Display held at multiple
locations along the Hampton River,
Hampton, Virginia. This special local
regulation is necessary to provide for
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Rules and Regulations]
[Pages 54569-54571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21623]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2013-0721]
RIN 1625-AA08
Special Local Regulation, Cumberland River, Mile 190.0 to 192.0;
Nashville, 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 190.0 and ending at mile marker 192.0, extending bank to bank.
This zone is necessary to protect participants in the Cumberland River
Dragon Boat Festival. 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 and enforceable through actual notice
from 8:00 a.m. to 6:00 p.m. September 7, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0721]. 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 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a
[[Page 54570]]
notice of proposed rulemaking (NPRM) with respect to this rule. This
event is currently in the CFR in Table 1 of 100.801 Eighth Coast Guard
District Table of Annual Marine Events, Table No. 37, Sector Ohio
Valley No. 37. It is listed as occurring the second weekend in August.
The event sponsor has changed the date to occur on September 7, 2013
this year. It will take place on the Cumberland River mile 190.0 to
mile 192.0. A special local regulation is necessary during a marine
event on the Cumberland River. There is no time to complete the notice
and comment process of the APA, 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
Festival. Delaying the special local regulation would also
unnecessarily interfere with the planned event.
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 Festival.
B. Basis and Purpose
The Cumberland River Dragon Boat Festival takes place on the
Cumberland River from mile marker 190.0 to 192.0. The Coast Guard
determined that a temporary special local regulation is needed to
protect the 1000 participants in the Cumberland River Dragon Boat
Festival. 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 190.0 and ending at 192.0 to protect the participants in the
Cumberland River Dragon Boat Festival. 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 190.0 and
ending at 192.0, during the Cumberland River Dragon Boat Festival.
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 8:00 a.m. to 6:00 p.m. September 7, 2013.
The COTP Ohio Valley will inform the public through broadcast notices
to mariners 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 190.0 through 192.0 and covers a period of ten
hours, from 8:00 a.m. to 6:00 p.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 190.0 to 192.0 on the Cumberland River, from 8:00 a.m. to
6:00 p.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 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
[[Page 54571]]
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 participants in the Cumberland River
Dragon Boat Festival on the Cumberland River from mile markers 190.0 to
192.0 for ten hour period on one day.
An environmental analysis was performed during the marine event
permit process for the rowing 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.T08-0721 is added to read as follows:
Sec. 100.T08-0721 Special Local Regulation; Cumberland River, Miles
190.0 to 192.0, Nashville, TN.
(a) Location. The following area is a special local regulation: All
waters of the Cumberland River, beginning at mile marker 190.0 and
ending at mile marker 192.0.
(b) Effective date. This section is effective from 8:00 a.m. to
6:00 p.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 9, 2013.
R.V. Timme,
Captain, U.S. Coast Guard Captain of the Port Ohio Valley.
[FR Doc. 2013-21623 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P
