Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway; Myrtle Beach, SC, 11161-11164 [2016-04664]
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules
credit. In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations concerning utility allowance
regulations when the utility is generated
from renewable sources and is not
delivered by the local utility company.
The text of those regulations also serves
as the text of these proposed
regulations. This document also
contains a notice of a public hearing on
these proposed regulations.
DATES: Comments and requests for a
public hearing must be received by May
2, 2016.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–123867–14), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–123867–
14), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC, or sent electronically,
via the Federal eRulemaking Portal at
https://www.regulations.gov/ (IRS REG–
123867–14).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
James Rider at (202) 317–4137;
concerning submissions of comments
and requests for a public hearing,
Oluwafunmilayo Taylor at (202) 317–
6901 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
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Background
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend 26 CFR part
1. The temporary regulations provide a
special rule for a renewable-source
utility arrangement in which the
building owner does not pay a local
utility company for the utility
consumed by the tenant. The text of
those regulations also serves as the text
of these regulations. The preamble to
the temporary regulations explains the
temporary regulations and these
proposed regulations.
Special Analyses
Certain IRS regulations, including this
one, are exempt from the requirements
of Executive Order 12866, as
supplemented and reaffirmed 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 this regulation, and because the
regulation does not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
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chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
rulemaking has been submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on its impact on small business.
Comments and Requests for Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written comments (a signed original and
eight (8) copies) or electronic comments
that are submitted timely to the IRS as
prescribed in this preamble under the
‘‘ADDRESSES’’ heading. The IRS and the
Treasury Department request comments
on all aspects of the proposed
regulations. All comments that are
submitted by the public will be
available for public inspection and
copying at www.regulations.gov or upon
request. A public hearing will be
scheduled if requested in writing by any
person that timely submits comments. If
a public hearing is scheduled, notice of
the date, time, and place for the public
hearing will be published in the Federal
Register.
Drafting Information
The principal author of these
regulations is David Selig, Office of the
Associate Chief Counsel (Passthroughs
and Special Industries), IRS. However,
other personnel from the IRS and the
Treasury Department 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 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.42–10(e)(1)(i)(B) and
(C), and (e)(1)(iv)(B) are revised to read
as follows:
■
§ 1.42–10
Utility allowances.
*
*
*
*
*
(e) * * * (1) * * *
(i) * * *
(B) [The text of the proposed
amendments to § 1.42–10(e)(1)(i)(B) is
the same as the text of § 1.42–
10T(e)(1)(i)(B) published elsewhere in
this issue of the Federal Register].
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(C) [The text of the proposed
amendments to § 1.42–10(e)(1)(i)(C) is
the same as the text of § 1.42–
10T(e)(1)(i)(C) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
(iv) * * *
(B) [The text of the proposed
amendments to § 1.42–10(e)(1)(iv)(B) is
the same as the text of § 1.42–
10T(e)(1)(iv)(B) published elsewhere in
this issue of the Federal Register].
*
*
*
*
*
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2016–04618 Filed 3–2–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0115]
RIN 1625–AA00
Safety Zone; Xterra Swim, Myrtle
Beach, SC Intracoastal Waterway;
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, April 24, 2016. 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 4, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0115 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules
If
you have questions about this proposed
rulemaking, call or email Lieutenant
John Downing, Sector Charleston Office
of Waterways Management, Coast
Guard; telephone (843) 740–3184, email
John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Public Participation and Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions. Documents
mentioned in this notice, and all public
comments, are in our online docket at
https://www.regulations.gov and can be
viewed by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
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II. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
COTP Captain of the Port
III. Basis, Purpose, and Background
On February 8, 2016, Set Up Events
notified the Coast Guard that it will be
sponsoring the Xterra Myrtle Beach
Swim from 7:15 a.m. to 9:15 a.m. on
April 24, 2016. The legal basis for the
proposed rule is the Coast Guard’s
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Authority to establish a safety zone: 33
CFR part 165. The purpose of the
proposed rule is to ensure safety of life
on the navigable water of the United
States during the swim portion of the
Xterra Myrtle Beach Triathlon.
IV. Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary safety zone on the Atlantic
Intracoastal Waterway in Myrtle Beach,
South Carolina during the Xterra Myrtle
Beach Triathlon, on April 24, 2016.
Approximately 75 swimmers are
anticipated to participate in the race.
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, 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 safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and onscene designated representatives.
V. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and executive orders.
A. Regulatory Planning and Review
E.O.s 12866 (‘‘Regulatory Planing and
Review’’) and 13563 (‘‘Improving
Regulation and Regulatory Review’’)
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O.13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility.
This proposed rule is not a significant
regulatory action under section 3(f) of
E.O. 12866, as supplemented by E.O.
13563, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of E.O.
12866. The Office of Management and
Budget (OMB) has not reviewed it under
E.O. 12866.
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The economic impact of this proposed
rule is not significant for the following
reasons: (1) The temporary safety zone
would be enforced for only two hours;
(2) although persons and vessels would
not be 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, they
would be able to operate in the
surrounding area during the
enforcement periods; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated area if authorized
by the Captain of the Port Charleston or
a designated representative; and (4) the
Coast Guard would provide advance
notification of the regulated area to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
B. Impact on Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
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. However, 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.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule would 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.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
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them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please consult
Lieutenant John Downing using the
contact information given in FOR
FURTHER INFORMATION CONTACT. 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.
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).
D. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
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E. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
F. 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.
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
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have taking implications under E.O.
12630 (‘‘Governmental Actions and
Interference with Constitutionally
Protected Property Rights’’).
H. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, (‘‘Civil Justice Reform’’), to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule
under E.O. 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.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under E.O. 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.
K. Energy Effects
We have analyzed this proposed rule
under E.O. 13211 (‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’).
We have determined that it is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
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not consider the use of voluntary
consensus standards.
M. Environment
We have analyzed this proposed 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 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed 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.
N. 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.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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:
■
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
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Authority: 33 U.S.C. 1226, 1231; 50 U.S.C.
191; 33 CFR 1.05–1(g), 6.04–1, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary § 165.T07–0115 to
read as follows:
■
§ 165.T07–0115 Safety Zone; Xterra Swim,
Myrtle Beach SC.
(a) Regulated area. The rule
establishes a temporary safety zone on
certain waters of Intracoastal Waterway,
Myrtle Beach, South Carolina. The
temporary safety zone consists 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. All
coordinates are North American Datum
1983.
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(b) Definition. As used in this section,
‘‘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,
except persons and vessels participating
in the Xterra Swim, Myrtle Beach, or
serving as safety vessels.
(2) 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, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Charleston or a designated
representative.
(3) 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) Enforcement period. This rule will
be enforced on April 24, 2016 from 7:15
a.m. until 9:15 a.m.
Dated: February 26, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2016–04664 Filed 3–2–16; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 551
Semipostal Stamp Program
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
This proposed rule would
revise the provisions governing the
Postal Service’s discretionary
Semipostal Stamp Program to simplify
and expedite the process for selecting
causes for semipostal stamps, and
facilitate the issuance of five such
stamps over a 10-year period. It would
also remove certain restrictions on the
commencement date for the Postal
Service’s discretionary Semipostal
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SUMMARY:
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Stamp Program, and clarify how many
semipostal stamps issued under that
program may be on sale at any one time.
DATES: Comments must be received on
or before April 4, 2016.
ADDRESSES: Mail or deliver written
comments to the Manager, Stamp
Products & Exhibitions, U.S. Postal
Service®, 475 L’Enfant Plaza SW., Room
3306, Washington DC 20260. You may
inspect and photocopy all written
comments at the Stamp Products &
Exhibitions office by appointment only
between the hours of 9 a.m. and 4 p.m.,
Monday through Friday, by calling 202–
268–6711 in advance. Email and faxed
comments are not accepted.
FOR FURTHER INFORMATION CONTACT: Lori
Mazzone, Manager, Stamp Products &
Exhibitions, 202–268–6711,
lori.l.mazzone@usps.gov.
SUPPLEMENTARY INFORMATION:
Background
The Semipostal Authorization Act,
Pub. L. 106–253, grants the Postal
Service discretionary authority to issue
and sell semipostal stamps to advance
such causes as it considers to be ‘‘in the
national public interest and
appropriate.’’ See 39 U.S.C. 416(b). On
June 12, 2001, the Postal Service
published a final rule establishing the
regulations in 39 CFR part 551 for the
discretionary Semipostal Stamp
Program (66 FR 31826). Minor revisions
were made to these regulations to
implement Pub. L. 107–67, 115 Stat. 514
(2001), and to reflect minor
organizational changes in the Postal
Service (67 FR 5215 (February 5, 2002)).
On February 19, 2004, the Postal Service
published a final rule clarifying the
cost-offset policy for semipostal stamps
(69 FR 7688), and on February 9, 2005,
the Postal Service also published an
additional minor clarifying revision to
these cost-offset regulations (70 FR
6764).
Most recently, on January 22, 2016,
the Postal Service published a proposed
amendment to 39 CFR 551.5 to remove
certain restrictions on the
commencement date for the
discretionary Semipostal Stamp
Program, and clarify how many
semipostal stamps issued under that
program may be on sale at any one time
(81 FR 3762).
Upon further consideration, however,
it was determined that a further revision
of the rules concerning the discretionary
Semipostal Stamp Program was
necessary to facilitate its smooth and
efficient operation. Accordingly, the
Postal Service now proposes and invites
comments upon a more detailed
revision of 39 CFR part 551. This
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proposal supersedes (but incorporates)
the amendments previously published
on January 22, 2016. The proposed
changes are summarized below.
Proposed Changes
The proposed revision of § 551.3
streamlines and simplifies the selection
process for the causes to receive funds
raised through the sale of semipostal
stamps, and states the Postal Service’s
intention to issue five such stamps over
the statutory ten-year period. It also
notifies the public that no further
consideration will be given to
previously submitted proposals but that
such proposals may be resubmitted
under the revised regulations. The
paragraph relating to proposals
regarding the same subject and
proposals for the sharing of funds
between two agencies is edited for
clarity and moved to § 551.4, concerning
submission requirements and criteria,
where it more appropriately belongs.
The proposed revision of § 551.4
sharpens the submission requirements
and, among other things, makes Postal
Service employees ineligible to submit
proposals for semipostal stamps.
The proposed revision of § 551.5(a)
would remove certain restrictions on the
commencement date of the
discretionary Semipostal Stamp
Program. Under current regulations, the
10-year period for the discretionary
semipostal stamp program commences
on a date determined by the Office of
Stamp Services, but that date must be
after the sales period of the Breast
Cancer Research stamp (BCRS) is
concluded. Most recently, Public Law
114–99 (December 11, 2015) extended
that sales period to December 31, 2019.
Under the proposed revision, the 10year period will commence on a date
determined by the Office of Stamp
Services, but the date need not be after
the BCRS sale period concludes.
The proposed revision of § 551.5(b)
would clarify that although only one
semipostal stamp under the
discretionary Semipostal Stamp
Program under 39 U.S.C. 416 (a
‘‘discretionary program semipostal
stamp’’) will be offered for sale at any
one time, other semipostal stamps
required to be issued by Congress (such
as the BCRS) may be on sale when a
discretionary program semipostal stamp
is on sale. Current regulations state that
the Postal Service will offer only one
semipostal stamp for sale at any given
time during the 10-year period (not
specifying whether it is a discretionary
program semipostal stamp or a
semipostal stamp required by Congress).
Under the proposed revision, the one-ata-time limitation on the sale of
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Agencies
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11161-11164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04664]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0115]
RIN 1625-AA00
Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway;
Myrtle Beach, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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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, April
24, 2016. 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 4, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0115 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
[[Page 11162]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email John.Z.Downing@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
II. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
III. Basis, Purpose, and Background
On February 8, 2016, Set Up Events notified the Coast Guard that it
will be sponsoring the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15
a.m. on April 24, 2016. The legal basis for the proposed rule is the
Coast Guard's Authority to establish a safety zone: 33 CFR part 165.
The purpose of the proposed rule is to ensure safety of life on the
navigable water of the United States during the swim portion of the
Xterra Myrtle Beach Triathlon.
IV. Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary safety zone on
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina
during the Xterra Myrtle Beach Triathlon, on April 24, 2016.
Approximately 75 swimmers are anticipated to participate in the race.
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, 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 safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and executive orders.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planing and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This proposed rule is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of E.O. 12866. The Office of Management and Budget (OMB) has
not reviewed it under E.O. 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The temporary safety zone would be enforced
for only two hours; (2) although persons and vessels would not be 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, they would be able to operate in the
surrounding area during the enforcement periods; (3) persons and
vessels would still be able to enter, transit through, anchor in, or
remain within the regulated area if authorized by the Captain of the
Port Charleston or a designated representative; and (4) the Coast Guard
would provide advance notification of the regulated area to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.
B. Impact on Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
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. However, 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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would 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.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on
[[Page 11163]]
them and participate in the rulemaking. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant John Downing using the contact
information given in FOR FURTHER INFORMATION CONTACT. 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.
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).
D. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
E. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
F. 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.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630 (``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'').
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, (``Civil Justice Reform''), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under E.O. 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.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under E.O.
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.
K. Energy Effects
We have analyzed this proposed rule under E.O. 13211 (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E.O. 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed 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.
N. 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.
List of Subjects in 33 CFR Part 165
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
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. 1226, 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec. 165.T07-0115 to read as follows:
Sec. 165.T07-0115 Safety Zone; Xterra Swim, Myrtle Beach SC.
(a) Regulated area. The rule establishes a temporary safety zone on
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina.
The temporary safety zone consists 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. All coordinates are North American
Datum 1983.
[[Page 11164]]
(b) Definition. As used in this section, ``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, except persons and vessels participating in the Xterra
Swim, Myrtle Beach, or serving as safety vessels.
(2) 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, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
(3) 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) Enforcement period. This rule will be enforced on April 24,
2016 from 7:15 a.m. until 9:15 a.m.
Dated: February 26, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-04664 Filed 3-2-16; 8:45 am]
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