Special Local Regulations; Temporary Change for Recurring Marine Event in the Fifth Coast Guard District, 57717-57720 [2015-24323]
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
organization described in section
4942(g)(4)(A)(i) or (ii)), or in section
4940(d)(2).
(b) * * *
(5) Certain grants to foreign
organizations. With respect to a grant to
a foreign organization (other than an
organization described in section
509(a)(1), (a)(2), or (a)(3) (other than an
organization described in section
4942(g)(4)(A)(i) or (ii)) or in section
4940(d)(2) or treated as so described
pursuant to paragraph (a)(4) or (5) of
this section), paragraph (b)(3)(iv) or
(b)(4)(iv) of this section shall be deemed
satisfied if the agreement referred to in
paragraph (b)(3) or (4) of this section
imposes restrictions on the use of the
grant substantially equivalent to the
limitations imposed on a domestic
private foundation under section
4945(d). Such restrictions may be
phrased in appropriate terms under
foreign law or custom and ordinarily
will be considered sufficient if an
affidavit or opinion of counsel (of the
grantor or grantee) or written advice of
a qualified tax practitioner is obtained
stating that, under foreign law or
custom, the agreement imposes
restrictions on the use of the grant
substantially equivalent to the
restrictions imposed on a domestic
private foundation under paragraph
(b)(3) or (4) of this section.
*
*
*
*
*
(f) * * *
(3) Effective/applicability date of
paragraphs (a)(1), (a)(5), (a)(6)(ii), and
(b)(5) and transition relief. Paragraphs
(a)(1), (a)(5), (a)(6)(ii), and (b)(5) of this
section are effective on and apply with
respect to grants paid after September
25, 2015. However, foundations may
continue to rely on paragraph (a)(5) as
contained in 26 CFR part 53, revised
April 1, 2015, with respect to grants
paid on or before December 24, 2015
pursuant to a good faith determination
made in accordance with such
provisions. Also, foundations may
continue to rely on paragraph (a)(5) as
contained in 26 CFR part 53, revised
April 1, 2015, with respect to grants
paid pursuant to a written commitment
made on or before September 25, 2015
and pursuant to a good faith
determination made on or before such
date in accordance with such provisions
if the committed amount is paid out
within five years of such date.
§ 4281.3
[FR Doc. 2015–24346 Filed 9–23–15; 8:45 am]
■
BILLING CODE 4830–01–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Parts 4000, 4041A, and 4281
RIN 1212–AB28
Multiemployer Plans; Electronic Filing
Requirements; Correction
Pension Benefit Guaranty
Corporation.
ACTION: Final rule; correction.
Jkt 235001
[Corrected]
2. On page 55745, column 2,
instruction 7, in revised paragraph (b),
‘‘4281.43(e)’’ is corrected to read
‘‘4281.43(c)’’.
Issued in Washington, DC, this 21st day of
September 2015.
Catherine B. Klion,
Assistant General Counsel for Regulatory
Affairs, Office of the General Counsel.
[FR Doc. 2015–24343 Filed 9–24–15; 8:45 am]
BILLING CODE 7709–02–P
AGENCY:
SUMMARY: The Pension Benefit Guaranty
Corporation (PBGC) published in the
Federal Register of September 17, 2015
(80 FR 55742) a final rule to amend its
regulations to require electronic filing of
certain multiemployer notices. This
document corrects two inadvertent
errors in the amendatory language.
DATES: Effective October 19, 2015.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion (klion.catherine@
pbgc.gov), Assistant General Counsel for
Regulatory Affairs, or Donald McCabe
(mccabe.donald@pbgc.gov), Attorney,
Office of the General Counsel, Pension
Benefit Guaranty Corporation, 1200 K
Street NW., Washington, DC 20005–
4026; 202–326–4024. (TTY/TDD users
may call the Federal relay service tollfree at 1–800–877–8339 and ask to be
connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION:
Correction
The following corrections are made to
FR Doc. 2015–23361, published at page
55742 in the issue of September 17,
2015 (80 FR 55742):
■ 1. On page 55745, column 2,
amendatory instruction 2 and its
amendatory text are corrected to read as
follows:
■ 2. In § 4000.3, add paragraph (b)(4) to
read as follows:
§ 4000.3
What methods of filing may I use?
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(b) * * *
(4) When making filings to PBGC
under parts 4041A, 4245, and 4281 of
this chapter (except for notices of
17:35 Sep 24, 2015
benefit reductions and notices of
restoration of benefits under part 4281),
you must submit the information
required under these parts electronically
in accordance with the instructions on
the PBGC’s Web site, except as
otherwise provided by the PBGC.
*
*
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John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: September 16, 2015.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
*
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0400]
RIN 1625–AA08
Special Local Regulations; Temporary
Change for Recurring Marine Event in
the Fifth Coast Guard District
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
temporarily changing the enforcement
periods of special local regulations for a
recurring marine event in the Fifth
Coast Guard District. These regulations
apply to the Ocean City Maryland
Offshore Grand Prix, a recurring marine
event, which will take place this year on
October 3–4, 2015. Special local
regulations are necessary to provide for
the safety of life on navigable waters
during the event. This action is
intended to restrict vessel traffic in a
portion of the North Atlantic Ocean near
Ocean City, MD, during the event.
DATES: This rule is effective from
October 3, 2015, to October 4, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0400]. 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.
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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
If
you have questions on this rule, call or
email Mr. Ronald Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This marine event is regulated at 33
CFR 100.501. On July 16, 2015, we
published a notice of proposed
rulemaking (NPRM) entitled ‘‘Special
Local Regulations; Temporary Change
for Recurring Marine Event in the Fifth
Coast Guard District’’ in the Federal
Register (80 FR 42069). We received no
comments on the proposed rule. No
public meeting was requested, and none
was held.
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. The Coast Guard received late
notice from event planners of the date
change. Because of this late notice, it is
impracticable to publish the final rule
more than thirty days before the event.
In addition, it is unnecessary to have a
thirty day delayed effective date for this
rule, because the change will not
meaningfully effect waterways users.
This event occurs every year and is well
known in the community. During the
comment period regarding the changed
date for the NPRM, no comments were
received. The Coast Guard will provide
advance notifications to users of the
affected waterways of the regulated area
via marine information broadcasts and
local notice to mariners.
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B. Basis and Purpose
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 Captain of the Port
Baltimore is establishing a special local
regulation for the waters of the North
Atlantic Ocean, near Ocean City, MD, to
protect event participants, spectators
and transiting vessels during the Ocean
City Maryland Offshore Grand Prix.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received no
comments in response to the NPRM. No
public meeting was requested and none
was held.
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17:35 Sep 24, 2015
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Through this regulation, the Coast
Guard is temporarily changing the
enforcement period of special local
regulations for a recurring marine event
in the Fifth Coast Guard District. This
rule changes the enforcement periods
for the ‘‘Ocean City Maryland Offshore
Grand Prix’’ marine event that is listed
at 33 CFR 100.501, Table to § 100.501.
This regulation temporarily changes the
enforcement periods for this marine
event for 2015 only. The enforcement
dates for 2015 are October 3rd and 4th,
2015.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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 those
Orders.
The economic impact of this rule is
not significant for the following reasons:
The regulated area will be in effect from
10:30 a.m. to 5:30 p.m. on October 3,
2015 and from 10:30 a.m. to 5:30 p.m.
on October 4, 2015, the regulated area
has been narrowly tailored to impose
the least impact on general navigation,
yet provide the level of safety deemed
necessary, and advance notifications
will be made to the maritime
community via marine information
broadcasts and local notices to mariners,
so mariners can adjust their plans
accordingly. Additionally, this
rulemaking does not change the
permanent regulated areas that have
been published in 33 CFR 100.501,
Table to § 100.501. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
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 term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
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operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received 0 comments
from the Small Business Administration
on this rule. 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 may affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to operate or transit
through or within, or anchor in, the area
where the marine event is being held.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons stated under paragraph D.1.,
Regulatory Planning and Review.
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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Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / 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 an 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
No.
Date
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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 determined that 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
implementation of regulations within 33
CFR part 100 applicable to organized
marine events on the navigable waters
Event
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24. ........
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.
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VerDate Sep<11>2014
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—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. In § 100.501, amend the Table to
§ 100.501 by suspending line No. (b.)21
and adding line No. (b.)24 to read as
follows:
■
§ 100.501 Special Local Regulations;
Marine Events in the Fifth Coast Guard
District.
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Table to § 100.501
[All coordinates listed in the Table to
§ 100.501 reference Datum NAD 1983]
Location
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(b.) Coast Guard Sector Baltimore—COTP Zone
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Ocean City Maryland Offshore
Grand Prix.
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17:35 Sep 24, 2015
List of Subjects in 33 CFR Part 100
Sponsor
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October 3 and 4,
2015.
of the United States that could
negatively impact the safety of
waterway users and shore side activities
in the event area. The category of water
activities includes but is not limited to
sail boat regattas, boat parades, power
boat racing, swimming events, crew
racing, canoe and sail board racing. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
Offshore Performance Assn.
Racing, LLC.
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The waters of the North Atlantic Ocean commencing at a point on the
shoreline at latitude 38°25′42″ N., longitude 075°03′06″ W.; thence
east southeast to latitude 38°25′30″ N., longitude 075°02′12″ W.,
thence south southwest parallel to the Ocean City shoreline to latitude
38°19′12″ N., longitude 075°03′48″ W.; thence west northwest to the
shoreline at latitude 38°19′30″ N., longitude 075°05′00″ W.
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57720
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
Dated: August 27, 2015.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
A. Regulatory History and Information
On July 6, 2015, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Rancocas Creek, Centerton,
NJ’’ in the Federal Register (80 FR
38417). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
[FR Doc. 2015–24323 Filed 9–24–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
B. Basis and Purpose
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0423]
RIN 1625–AA09
Drawbridge Operation Regulation;
Rancocas Creek, Centerton, NJ
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the regulation that governs the operation
of the SR#38 Bridge in Centerton
(Burlington County Route 635) over
Rancocas Creek, mile 7.8, at Mt. Laurel,
Westampton and Willingboro
Townships in Burlington County, NJ.
The new rule will change the current
regulation and allow the bridge to
remain in the closed position for the
passage of vessels. There have been no
requests for openings since the early
1990’s. This rule also reflects a name
change.
DATES:
This rule is effective October 26,
2015.
Documents mentioned in
this preamble are part of docket USCG–
2015–0423. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Jim Rousseau, Fifth Coast
Guard District Bridge Administration
Division, Coast Guard; telephone 757–
398–6557, email: james.l.rousseau2@
uscg.mil.
ADDRESSES:
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SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
VerDate Sep<11>2014
17:35 Sep 24, 2015
Jkt 235001
The current operating schedule for the
SR#38 bridge is set out in 33 CFR
117.745(b) which allows the SR#38
Bridge to operate as follows: From April
1 through October 31 open on signal
from 7 a.m. to 11 p.m. From November
1 through March 31 from 7 a.m. to 11
p.m. open on signal if at least 24 hours
notice is given. Year round from 11 p.m.
to 7 a.m. need not open for the passage
of vessels.
The bridge owner, County of
Burlington, NJ requested a change in the
operation regulation for the SR#38
Bridge, mile 7.8, across Rancocas Creek
in Mt. Laurel, NJ and that its name is
changed to what it is known locally.
The County of Burlington provided
information to the Coast Guard about
the lack of any openings of the draw
spans dating back to the early 1990’s.
The bridge is currently closed to
navigation and vehicular traffic due to
emergency repairs and emergency
inspections since May 2015. The last
requested opening was in the early
1990’s as an emergency request. There
have been monthly openings as per
maintenance requirements. The Coast
Guard will allow the above mentioned
Bridge to remain in the closed to
navigation position in accordance with
33 CFR 117.39. In the closed to
navigation position, the bridge need not
open for the passage of vessels.
In the closed-to-navigation position,
the SR#38 Bridge has vertical clearances
of six feet above mean high water.
Vessels which can safely transit under
the bridge in the closed to navigation
position can do so at any time.
C. Discussion of Comments, Changes
and the Final Rule
In order to align the operating
schedule of the SR#38 bridge with
observed marine traffic the proposed
change amended the regulation by
adding a paragraph (c) to state ‘‘that the
bridge need not open.’’ The lack of
requests for vessel openings of the
drawbridge for over 20 years illustrates
that the vessels that use this waterway
can safely navigate while the bridge is
in the closed-to-navigation position. The
current regulation also incorrectly
identifies the bridge as the SR#38
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Bridge. The proposed change would
change the name to the Centerton
County Route 635 Bridge. All language
in existing paragraph (b) would remain
the same except for the removal of the
SR#38 bridge reference.
While the proposed rule allowed the
bridge to remain closed to navigation, it
did not alleviate the bridge owner of his
responsibility under 33 CFR 117.7.
The Coast Guard received no
comments in response to the notice of
proposed rulemaking. As a result, no
changes have been made to this final
rule.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 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 Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
Based on County of Burlington bridge
tender logs, there will not be any vessels
impacted by this proposed change. No
bridge openings have been requested in
over 20 years.
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 term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. This rule would affect the
following entities, some of which might
be small entities: owners and operators
of vessels intending to transit in that
portion of Rancocas Creek that cannot
transit under the Centerton Bridge
during mean high water. Due to the fact
that there have been no requests for
openings in nearly 20 years, this final
rule will not have a significant
economic impact on a substantial
number of small entities. The Coast
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]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57717-57720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24323]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0400]
RIN 1625-AA08
Special Local Regulations; Temporary Change for Recurring Marine
Event in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement
periods of special local regulations for a recurring marine event in
the Fifth Coast Guard District. These regulations apply to the Ocean
City Maryland Offshore Grand Prix, a recurring marine event, which will
take place this year on October 3-4, 2015. Special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to restrict vessel traffic in
a portion of the North Atlantic Ocean near Ocean City, MD, during the
event.
DATES: This rule is effective from October 3, 2015, to October 4, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0400]. 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.
[[Page 57718]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This marine event is regulated at 33 CFR 100.501. On July 16, 2015,
we published a notice of proposed rulemaking (NPRM) entitled ``Special
Local Regulations; Temporary Change for Recurring Marine Event in the
Fifth Coast Guard District'' in the Federal Register (80 FR 42069). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
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. The Coast Guard received late
notice from event planners of the date change. Because of this late
notice, it is impracticable to publish the final rule more than thirty
days before the event. In addition, it is unnecessary to have a thirty
day delayed effective date for this rule, because the change will not
meaningfully effect waterways users. This event occurs every year and
is well known in the community. During the comment period regarding the
changed date for the NPRM, no comments were received. The Coast Guard
will provide advance notifications to users of the affected waterways
of the regulated area via marine information broadcasts and local
notice to mariners.
B. Basis and Purpose
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
Captain of the Port Baltimore is establishing a special local
regulation for the waters of the North Atlantic Ocean, near Ocean City,
MD, to protect event participants, spectators and transiting vessels
during the Ocean City Maryland Offshore Grand Prix.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
Through this regulation, the Coast Guard is temporarily changing
the enforcement period of special local regulations for a recurring
marine event in the Fifth Coast Guard District. This rule changes the
enforcement periods for the ``Ocean City Maryland Offshore Grand Prix''
marine event that is listed at 33 CFR 100.501, Table to Sec. 100.501.
This regulation temporarily changes the enforcement periods for this
marine event for 2015 only. The enforcement dates for 2015 are October
3rd and 4th, 2015.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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 those Orders.
The economic impact of this rule is not significant for the
following reasons: The regulated area will be in effect from 10:30 a.m.
to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m. on
October 4, 2015, the regulated area has been narrowly tailored to
impose the least impact on general navigation, yet provide the level of
safety deemed necessary, and advance notifications will be made to the
maritime community via marine information broadcasts and local notices
to mariners, so mariners can adjust their plans accordingly.
Additionally, this rulemaking does not change the permanent regulated
areas that have been published in 33 CFR 100.501, Table to Sec.
100.501. For the above reasons, the Coast Guard does not anticipate any
significant economic impact.
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 term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rule. 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 may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to operate
or transit through or within, or anchor in, the area where the marine
event is being held.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons stated under
paragraph D.1., Regulatory Planning and Review.
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 57719]]
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 an 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 determined
that 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 implementation of regulations within 33
CFR part 100 applicable to organized marine events on the navigable
waters of the United States that could negatively impact the safety of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--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. In Sec. 100.501, amend the Table to Sec. 100.501 by suspending
line No. (b.)21 and adding line No. (b.)24 to read as follows:
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
Table to Sec. 100.501
[All coordinates listed in the Table to Sec. 100.501 reference Datum
NAD 1983]
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(b.) Coast Guard Sector Baltimore--COTP Zone
* * * * * * *
24.......... October 3 and 4, Ocean City Offshore The waters of the North Atlantic Ocean
2015. Maryland Performance commencing at a point on the shoreline
Offshore Grand Assn. Racing, at latitude 38[deg]25'42'' N., longitude
Prix. LLC. 075[deg]03'06'' W.; thence east
southeast to latitude 38[deg]25'30'' N.,
longitude 075[deg]02'12'' W., thence
south southwest parallel to the Ocean
City shoreline to latitude
38[deg]19'12'' N., longitude
075[deg]03'48'' W.; thence west
northwest to the shoreline at latitude
38[deg]19'30'' N., longitude
075[deg]05'00'' W.
* * * * * * *
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[[Page 57720]]
Dated: August 27, 2015.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-24323 Filed 9-24-15; 8:45 am]
BILLING CODE 9110-04-P
