Safety Zone; Xterra Swim, Myrtle Beach, SC, 11145-11148 [2015-04287]
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules
comments and an outline of the topics
to be discussed and the time to be
devoted to each topic by June 1, 2015.
A period of 10 minutes will be allotted
to each person for making comments.
An agenda showing the scheduling of
the speakers will be prepared after the
deadline for receiving outlines has
passed. Copies of the agenda will be
available free of charge at the hearing.
Drafting Information
The principal authors of the proposed
regulations are Jason G. Kurth, IRS
Office of the Associate Chief Counsel
(Financial Institutions and Products)
and William W. Burhop, IRS Office of
the Associate Chief Counsel (Corporate).
However, other personnel from the
Treasury Department and the IRS
participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by adding entries
in numerical order to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Section 1.382–12 also issued under 26
U.S.C. 382(f) and 26 U.S.C. 382(m).
* * *
Section 1.1288–1 also issued under 26
U.S.C. 1288(b). * * *
■ Par. 2. Section 1.382–1 is amended by
revising the introductory text and
adding an entry for § 1.382–12 to read
as follows:
§ 1.382–1
Table of contents.
This section lists the captions that
appear in the regulations for §§ 1.382–
2 through 1.382–12.
*
*
*
*
*
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
§ 1.382–12 Determination of adjusted
Federal long-term rate.
(a) In general.
(b) Adjusted Federal long-term rate.
(c) Adjustment factor.
(d) Effective/applicability date.
■ Par. 3. Section 1.382–12 is added to
read as follows:
§ 1.382–12 Determination of adjusted
Federal long-term rate.
(a) In general. The long-term taxexempt rate for an ownership change is
the highest of the adjusted Federal longterm rates in effect for any month in the
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3-calendar-month period ending with
the calendar month in which the change
date occurs. For purposes of the
previous sentence, the adjusted Federal
long-term rate is the Federal long-term
rate determined under section 1274(d)
(without regard to paragraphs (2) and (3)
thereof), adjusted for differences
between rates on long-term taxable and
tax-exempt obligations. The Secretary
calculates the adjusted Federal longterm rate as provided in paragraph (b)
of this section. The Internal Revenue
Service publishes the long-term taxexempt rate and the adjusted Federal
long-term rate for each month in the
Internal Revenue Bulletin (see
§ 601.601(d)(2)(ii) of this chapter).
(b) Adjusted Federal long-term rate.
The adjusted Federal long-term rate for
a calendar month is the product of the
Federal long-term rate determined
under section 1274(d) for that month,
based on annual compounding,
multiplied by the adjustment factor
described in paragraph (c) of this
section.
(c) Adjustment factor. The adjustment
factor is a percentage equal to—
(1) The excess of 100 percent, over
(2) The product of—
(i) 59 percent, and
(ii) The sum of the maximum rate in
effect under section 1 applicable to
individuals and the maximum rate in
effect under section 1411 applicable to
individuals for the month to which the
adjusted applicable Federal rate applies.
(d) Effective/applicability date. The
rules of this section apply to the
determination of the long-term taxexempt rate and the adjusted Federal
long-term rate during calendar months
beginning after the date of publication
of the Treasury decision adopting these
rules as final regulations in the Federal
Register.
■ Par. 4. Section 1.1288–1 is added to
read as follows:
§ 1.1288–1 Adjustment of applicable
Federal rate for tax-exempt obligations.
(a) In general. In applying section 483
or section 1274 to a tax-exempt
obligation, the applicable Federal rate is
adjusted to take into account the tax
exemption for interest on the obligation.
For each applicable Federal rate
determined under section 1274(d), the
Secretary computes a corresponding
adjusted applicable Federal rate by
multiplying the applicable Federal rate
by the adjustment factor described in
paragraph (b) of this section. The
Internal Revenue Service publishes the
applicable Federal rates and the
adjusted applicable Federal rates for
each month in the Internal Revenue
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11145
Bulletin (see § 601.601(d)(2)(ii) of this
chapter).
(b) Adjustment factor. The adjustment
factor is a percentage equal to—
(1) The excess of 100 percent, over
(2) The product of—
(i) 59 percent, and
(ii) The sum of the maximum rate in
effect under section 1 applicable to
individuals and the maximum rate in
effect under section 1411 applicable to
individuals for the month to which the
adjusted applicable Federal rate applies.
(c) Effective/applicability date. The
rules of this section apply to the
determination of adjusted applicable
Federal rates during calendar months
beginning after the date of publication
of the Treasury decision adopting these
rules as final regulations in the Federal
Register.
John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2015–04213 Filed 2–27–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0019]
RIN 1625–AA00
Safety Zone; Xterra Swim, Myrtle
Beach, SC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
issue a temporary safety zone on the
waters of the Intracoastal Waterway in
Myrtle Beach, South Carolina. The
Xterra Swim is scheduled to take place
on Sunday, May 3, 2015. The temporary
safety zone is necessary for the safety of
the swimmers, participant vessels,
spectators, and the general public
during the event. The temporary safety
zone will restrict vessel traffic in a
portion of the Intracoastal Waterway,
preventing non-participant vessels from
entering, transiting through, anchoring
in, or remaining within the regulated
area unless authorized by the Captain of
the Port Charleston or a designated
representative.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 1, 2015.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
DATES:
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Chief Warrant Officer Christopher
Ruleman, Sector Charleston Office of
Waterways Management, Coast Guard;
telephone (843) 740–3184, email
Christopher.L.Ruleman@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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
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that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2015–0019 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number USCG–2015–0019 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before April 3, 2015, using
one of the methods specified under
ADDRESSES. Please explain why you
believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
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B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
160.5; Public Law 107–295; 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
The purpose of the rule is to ensure
safety of life on the navigable water of
the United States during the Xterra
Swim.
C. Discussion of Proposed Rule
The Coast Guard is establishing a
temporary safety zone on the waters of
Intracoastal Waterway in Myrtle Beach,
South Carolina during the Xterra Swim.
The race is scheduled to take place, May
3, 2015 from 7:30 a.m. to 8:30 a.m. The
Xterra Swim race consists of a 1000
meter swim with approximately 150
swimmers. The race will begin a 1000
meters north of Battery Boat Ramp and
end at the boat ramp. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the
regulated area may contact the Captain
of the Port Charleston by telephone at
(843) 740–7050, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative. The Coast
Guard will provide notice of the
temporary safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
D. Regulatory Analyses
We developed this proposed 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 proposed 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
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11147
proposed rule or any policy or action of
the Coast Guard.
10. Protection of Children From
Environmental Health Risks
4. Collection of Information
We have analyzed this proposed 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.
2. Impact on Small Entities
6. Protest Activities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. This rule may
affect the following entities, some of
which may be small entities: the owner
or operators of vessels intending to
enter, transit through, anchor in, or
remain within the regulated area during
the enforcement period. For the reasons
discussed in Regulatory Planning and
Review section above, this rule will not
have a significant economic impact on
a substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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.
12. Energy Effects
7. Unfunded Mandates Reform Act
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
3. Assistance for Small Entities
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Budget has not reviewed it under those
Orders.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) Non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
periods if authorized by the Captain of
the Port Charleston or a designated
representative; (2) vessels not able to
enter, transit through, anchor in, or
remain within the regulated area
without authorization from the Captain
of the Port Charleston or a designated
representative may operate in the
surrounding areas during the
enforcement period; and (3) the Coast
Guard will provide advance notification
of the temporary safety zone to the local
maritime community by Local Notice to
Mariners and Broadcast Notice to
Mariners.
This proposed 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.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
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This proposed 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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
9. Civil Justice Reform
This proposed 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.
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11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 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.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use . . .
13. Technical 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 involves a
temporary safety zone issued in
conjunction with a regatta or marine
parade. This rule is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: February 19, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Acting
Captain of the Port Charleston.
[FR Doc. 2015–04287 Filed 2–27–15; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1,6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
2. Add a temporary § 165.T07–0019 to
read as follows:
[EPA–R05–OAR–2014–0662; FRL–9923–44–
Region 5]
§ 165.T07–0019 Safety Zone; Xterra Swim,
Myrtle Beach, SC.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
■
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Transportation Conformity
(a) Regulated Area. The rule
establishes special local regulations on
certain waters of Intracoastal Waterway,
Myrtle Beach, South Carolina. The
special local regulations will be
enforced from 7:30 a.m. until 8:30 a.m.
on May 3, 2015. The special local
regulations consist of the following two
points of position and the North shore:
33°45.076 N, 78°50.790 W to 33°45.323
N, 78°50.214 W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area. Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the
regulated area may contact the Captain
of the Port Charleston by telephone at
(843) 740–7050, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Captain
of the Port Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated area by Marine
Safety Information Bulletins, Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule is
effective and will be enforced from 7:30
a.m. to 8:30 a.m. on Sunday, May 3,
2015.
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Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
under the Clean Air Act, a revision to
Ohio’s transportation conformity state
implementation plan (SIP) that meets
EPA and United States Department of
Transportation requirements. The
inclusion of this SIP update brings
Ohio’s transportation conformity SIP
into compliance with the requirements
of the Safe, Accountable, Flexible,
Efficient Transportation Act: A Legacy
for Users.
DATES: Comments must be received on
or before April 1, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0662, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
SUMMARY:
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instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the state’s
SIP submittal as a direct final rule
without prior proposal because we view
this as a noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. For additional
information, see the direct final rule
which is located in the Rules section of
this Federal Register.
Dated: February 12, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015–04148 Filed 2–27–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2012–0036]
RIN 2127–AL05
Federal Motor Vehicle Safety
Standards; Seat Belt Assembly
Anchorages
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
AGENCY:
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Proposed Rules]
[Pages 11145-11148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04287]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0019]
RIN 1625-AA00
Safety Zone; Xterra Swim, Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to issue a temporary safety zone on
the waters of the Intracoastal Waterway in Myrtle Beach, South
Carolina. The Xterra Swim is scheduled to take place on Sunday, May 3,
2015. The temporary safety zone is necessary for the safety of the
swimmers, participant vessels, spectators, and the general public
during the event. The temporary safety zone will restrict vessel
traffic in a portion of the Intracoastal Waterway, preventing non-
participant vessels from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port Charleston or a designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before April 1, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
[[Page 11146]]
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email Christopher.L.Ruleman@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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2015-0019 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2015-0019 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before April 3, 2015, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 160.5; Public Law 107-295; 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to ensure safety of life on the
navigable water of the United States during the Xterra Swim.
C. Discussion of Proposed Rule
The Coast Guard is establishing a temporary safety zone on the
waters of Intracoastal Waterway in Myrtle Beach, South Carolina during
the Xterra Swim. The race is scheduled to take place, May 3, 2015 from
7:30 a.m. to 8:30 a.m. The Xterra Swim race consists of a 1000 meter
swim with approximately 150 swimmers. The race will begin a 1000 meters
north of Battery Boat Ramp and end at the boat ramp. Persons and
vessels desiring to enter, transit through, anchor in, or remain within
the regulated area may contact the Captain of the Port Charleston by
telephone at (843) 740-7050, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative. The Coast Guard will provide notice of
the temporary safety zone by Local Notice to Mariners, Broadcast Notice
to Mariners, and on-scene designated representatives.
D. Regulatory Analyses
We developed this proposed 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 proposed 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
[[Page 11147]]
Budget has not reviewed it under those Orders.
The economic impact of this proposed rule is not significant for
the following reasons: (1) Non-participant persons and vessels may
enter, transit through, anchor in, or remain within the regulated area
during the enforcement periods if authorized by the Captain of the Port
Charleston or a designated representative; (2) vessels not able to
enter, transit through, anchor in, or remain within the regulated area
without authorization from the Captain of the Port Charleston or a
designated representative may operate in the surrounding areas during
the enforcement period; and (3) the Coast Guard will provide advance
notification of the temporary safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: the owner or operators of vessels
intending to enter, transit through, anchor in, or remain within the
regulated area during the enforcement period. For the reasons discussed
in Regulatory Planning and Review section above, this rule will not
have a significant economic impact on a substantial number of small
entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed 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.
9. Civil Justice Reform
This proposed 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 From Environmental Health Risks
We have analyzed this proposed 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.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 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.
12. Energy Effects
This proposed rule 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 proposed 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 involves a temporary safety zone issued in conjunction with a
regatta or marine parade. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 11148]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1,6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0019 to read as follows:
Sec. 165.T07-0019 Safety Zone; Xterra Swim, Myrtle Beach, SC.
(a) Regulated Area. The rule establishes special local regulations
on certain waters of Intracoastal Waterway, Myrtle Beach, South
Carolina. The special local regulations will be enforced from 7:30 a.m.
until 8:30 a.m. on May 3, 2015. The special local regulations consist
of the following two points of position and the North shore:
33[deg]45.076 N, 78[deg]50.790 W to 33[deg]45.323 N, 78[deg]50.214 W.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area. Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at (843) 740-7050, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Effective Date. This rule is effective and will be enforced
from 7:30 a.m. to 8:30 a.m. on Sunday, May 3, 2015.
Dated: February 19, 2015.
B. D. Falk,
Commander, U.S. Coast Guard, Acting Captain of the Port Charleston.
[FR Doc. 2015-04287 Filed 2-27-15; 8:45 am]
BILLING CODE 9110-04-P
