Special Local Regulation; Midwest Masters Sprints; Maumee River; Toledo, OH, 37507-37510 [2016-13746]
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations
Availability of IRS Documents
For copies of recently issued Revenue
Procedures, Revenue Rulings, notices,
and other guidance published in the
Internal Revenue Bulletin, please visit
the IRS Web site at https://www.irs.gov.
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 impact assessment is not
required. It has also been determined
that section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations, and
because the regulations do not impose a
collection of information on small
entities, the Regulatory Flexibility Act
(5 U.S.C. chapter 6) does not apply.
Pursuant to section 7805(f) of the Code,
these regulations have been submitted
to the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact on small
business, and no comments were
received.
Drafting Information
The principal authors of these
regulations are Frank J. Fisher and Amy
Chang, Office of the Associate Chief
Counsel (Passthroughs and Special
Industries). However, other personnel
from the Treasury Department and the
IRS participated in the development of
these regulations.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
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 1.108–9 is added to
read as follows:
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■
§ 1.108–9 Application of the bankruptcy
and the insolvency provisions of section
108 to grantor trusts and disregarded
entities.
(a) General rule—(1) Owner is the
taxpayer. For purposes of applying
section 108(a)(1)(A) and (B) to discharge
of indebtedness income of a grantor
trust or a disregarded entity, neither the
grantor trust nor the disregarded entity
shall be considered to be the
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‘‘taxpayer,’’ as that term is used in
section 108(a)(1) and (d)(1) through (3).
Rather, for purposes of section
108(a)(1)(A) and (B) and (d)(1) through
(3) and subject to section 108(d)(6), the
owner of the grantor trust or the owner
of the disregarded entity is the
‘‘taxpayer.’’
(2) The bankruptcy exclusion. If
indebtedness of a grantor trust or a
disregarded entity is discharged in a
title 11 case, section 108(a)(1)(A) applies
to that discharged indebtedness only if
the owner of the grantor trust or the
owner of the disregarded entity is under
the jurisdiction of the court in a title 11
case as the title 11 debtor. If the grantor
trust or the disregarded entity is under
the jurisdiction of the court in a title 11
case as the title 11 debtor, but the owner
of the grantor trust or the owner of the
disregarded entity is not, section
108(a)(1)(A) does not apply to the
discharge of indebtedness income.
(3) The insolvency exclusion. Section
108(a)(1)(B) applies to the discharged
indebtedness of a grantor trust or a
disregarded entity only to the extent the
owner of the grantor trust or the owner
of the disregarded entity is insolvent. If
the grantor trust or the disregarded
entity is insolvent, but the owner of the
grantor trust or the owner of the
disregarded entity is solvent, section
108(a)(1)(B) does not apply to the
discharge of indebtedness income.
(b) Application to partnerships. Under
section 108(d)(6), in the case of a
partnership, section 108(a)(1)(A) and (B)
applies at the partner level. If a
partnership holds an interest in a
grantor trust or a disregarded entity, the
applicability of section 108(a)(1)(A) and
(B) to the discharge of indebtedness
income is tested by looking to each
partner to whom the income is
allocable.
(c) Definitions—(1) Disregarded
entity. For purposes of this section, a
disregarded entity is an entity that is
disregarded as an entity separate from
its owner for Federal income tax
purposes. See § 301.7701–2(c)(2)(i) of
this chapter, the Procedure and
Administration Regulations. Examples
of disregarded entities include a
domestic single-member limited
liability company that does not elect to
be classified as a corporation for Federal
income tax purposes pursuant to
§ 301.7701–3 of this chapter, a
corporation that is a qualified REIT
subsidiary (within the meaning of
section 856(i)(2)), and a corporation that
is a qualified subchapter S subsidiary
(within the meaning of section
1361(b)(3)(B)).
(2) Grantor trust. For purposes of this
section, a grantor trust is any portion of
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37507
a trust that is treated under subpart E of
part I of subchapter J of chapter 1 of
subtitle A of title 26 of the United States
Code as being owned by the grantor or
another person.
(3) Owner. Notwithstanding any other
provision of this section to the contrary,
neither a grantor trust nor a disregarded
entity shall be considered an owner for
purposes of this section.
(4) Title 11 debtor. For purposes of
this section, a title 11 debtor is a debtor
in a case under title 11 of the United
States Code, as defined in 11 U.S.C.
101(13).
(d) Applicability date. The rules of
this section apply to discharge of
indebtedness income occurring on or
after June 10, 2016.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 25, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2016–13779 Filed 6–9–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2016–0463]
RIN 1625–AA08
Special Local Regulation; Midwest
Masters Sprints; Maumee River;
Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation controlling movement of
vessels for certain waters of the Maumee
River. This action is necessary and is
intended to ensure safety of life on
navigable waters to be used for a rowing
event immediately prior to, during, and
immediately after this event. This
regulation requires vessels to maintain a
minimum speed for safe navigation and
maneuvering.
DATES: This temporary final rule is
effective from 5 a.m. until 2:30 p.m. on
June 11, 2016. For the purposes of
enforcement, actual notice will be used
on June 11, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
SUMMARY:
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0463 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Petty Officer
Brett Kreigh, Marine Safety Unit Toledo,
Coast Guard; telephone 419–418–6046,
email Brett.A.Kreigh@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
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II. Background History and Regulatory
Information
On June 11, 2016, the Toledo Rowing
Club is holding a rowing regatta in
which at least 200 rowers will
participate in a race on the Maumee
River. Due to the projected amount of
human-powered watercraft on the
water, there is a need to require vessels
in the affected waterways to maintain a
minimum speed for safe navigation. The
rowing regatta will occur between 5 a.m.
and 2:30 p.m. on June 11, 2016. This
event is taking place under the same
sponsorship in the same location as last
year.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231, 33
CFR 1.05–1 and 160.5; and Department
of Homeland Security Delegation No.
0170.1. Having reviewed the application
for a marine event submitted by the
sponsor on January 11, 2016, the
Captain of the Port Detroit (COTP) has
determined that the likely combination
of recreation vessels, commercial
vessels, and an unknown number of
spectators in close proximity to a
rowing regatta along the water pose
extra and unusual hazards to public
safety and property. Therefore, the
COTP is establishing a Special Local
Regulation around the event location to
help minimize risks to safety of life and
property during this event.
The Coast Guard is issuing this
temporary final rule without prior
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking with
respect to this rule because waiting for
a notice and comment period to run
would be impracticable, unnecessary,
and contrary to the public interest.
Although an initial marine event
application was submitted on January
11, 2016, final details regarding event
area and patrol parameters were not
known to the Coast Guard with
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, delaying the effective
date of this rule to wait for a notice and
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
this power boat race.
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
IV. Discussion of Rule
This rule establishes a temporary
special local regulation from 5 a.m. until
2:30 p.m. on June 11, 2016. In light of
the aforementioned hazards, the COTP
has determined that a special local
regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following waterway: All
waters of the Maumee River, Toledo,
OH from the Veterans Glass Memorial
Bridge at River Mile 3.25 to the Norfolk
Southern Railroad Bridge at River Mile
5.76.
An on-scene representative of the
COTP or event sponsor representatives
may permit vessels to transit the area
when no race activity is occurring. The
on-scene representative may be present
on any Coast Guard, state or local law
enforcement vessel assigned to patrol
the event. Vessel operators desiring to
transit through the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The COTP or his designated on-
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scene representative may be contacted
via VHF Channel 16.
The COTP or his designated on-scene
representative will notify the public of
the enforcement of this rule by all
appropriate means, including a
Broadcast Notice to Mariners and Local
Notice to Mariners.
V. 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 (E.O.).
A. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
E.O. 12866, Regulatory Planning and
Review, as supplemented by E.O. 13563,
Improving Regulation and Regulatory
Review, and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of E.O.
12866 or under section 1 of E.O. 13563.
The Office of Management and Budget
has not reviewed it under those Orders.
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues.
The Coast Guard’s use of this special
local regulation will be of relatively
small size and only nine and a half
hours in duration, and it is designed to
minimize the impact on navigation.
Moreover, vessels may transit through
the area affected by this special local
regulation at a minimum speed for safe
navigation. Overall, the Coast Guard
expects minimal impact to vessel
movement from the enforcement of this
special local regulation.
B. Impact on Small Entities
As per the Regulatory Flexibility Act
of 1980 (RFA), 5 U.S.C. 601–612, as
amended, we have considered the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
this portion of the Maumee River, in the
vicinity of Toledo, OH between 5 a.m.
and 2:30 p.m. on June 11, 2016.
This special local regulation will not
have a significant economic impact on
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a substantial number of small entities
for the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the regulation, Coast Guard Sector
Detroit will issue a local Broadcast
Notice to Mariners so vessel owners and
operators can plan accordingly.
C. 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 so that they can
better evaluate its effects on them. If this
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 section 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
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
D. 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).
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F. 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
16:32 Jun 09, 2016
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G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
H. 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.
I. Civil Justice Reform
This 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.
J. Protection of Children
We have analyzed this rule under E.O.
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.
K. Indian Tribal Governments
E. Federalism
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 rule under that Order and
determined that this rule does not have
implications for federalism.
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jeopardizing the safety or security of
people, places, or vessels.
L. Energy Effects
This action is not a ‘‘significant
energy action’’ under E.O. 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
M. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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N. 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 which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a special local
regulation and is therefore 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
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T09–0463 to read as
follows:
■
This rule does not have tribal
implications under E.O. 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.
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§ 100.35T09–0463 Special Local
Regulation; Midwest Masters Sprints;
Maumee River; Toledo, OH.
(a) Regulated area. A regulated area is
established to encompass the following
waterway: all waters of the Maumee
River, from the Veterans Glass Memorial
Bridge at River Mile 3.25 to the Norfolk
Southern Railroad Bridge at River Mile
5.76.
(b) Effective period. This section is
effective and will be enforced from 5
a.m. until 2:30 p.m. on June 11, 2016.
(c) Regulations. (1) Consistent with
§ 100.901 of this part, vessels transiting
within the regulated area shall travel at
a no-wake speed and remain vigilant at
all times. Additionally, vessels within
the regulated area must yield right-ofway for event participants and event
safety craft. Commercial vessels will
have right-of-way over event
participants, and event safety craft.
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(2) Vessel operators desiring to
operate in the regulated area must
contact the Coast Guard Patrol
Commander to obtain permission to do
so. The Captain of the Port Detroit
(COTP) or his on-scene representative
may be contacted via VHF Channel 16.
Vessel operators given permission to
operate within the regulated area must
comply with all directions given to
them by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the COTP to act on his behalf.
Dated: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2016–13746 Filed 6–9–16; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0377]
RIN 1625–AA08
Special Local Regulation; On Water
Activities Associated With the 2016
Macy’s 4th of July Fireworks, East
River, Manhattan, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary special local
regulation on the navigable waters of the
East River and Upper New York Bay
Manhattan and Brooklyn, NY for on
water vessel management associated
with the Macy’s 4th of July fireworks
show. This Special Local Regulation
allows the Coast Guard to enforce
spectator vessel movement and prohibit
all vessel traffic from entering the
fireworks barge buffer zone during times
when the associated event could pose
an imminent hazard to persons and
vessels operating in the area. This rule
is necessary to provide for the safety of
life on the navigable waters and to
establish public viewing areas during
the event.
DATES: This rule is effective from 6 p.m.
through 11 p.m. on July 4, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
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SUMMARY:
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If
you have questions on this rule, call or
email Lieutenant Junior Grade Kathleen
Kane, Vessel Traffic Services Division,
Sector New York, U.S. Coast Guard;
telephone (718) 354–4010, email
Kathleen.E.Kane@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
BILLING CODE 9110–04–P
ACTION:
0377 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The
Coast Guard was provided the final
details for this event on March 31, 2016.
Macy’s is unable to move their event to
a later date because of the highly
publicized nature of this 4th of July
event. Due to a major change in the
location of the event from the Hudson,
to East River, the Coast Guard was
unable to use the safety zone established
by the recurring Macy’s 4th of July
fireworks regulation published in Table
1 of 33 CFR 165.160.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register. Any
delay in this rule becoming effective
would be contrary to public interest
since immediate action is needed to
provide for the safety of life and
property on the navigable waters due to
the inherent hazards created by the high
concentration of spectator vessels
expected in attendance for the event.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. This
Special Local Regulation is necessary to
ensure the safety of spectators and
vessels from hazards associated with the
anticipated concentration of vessels,
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
The Coast Guard is establishing a
Special Local Regulation on the
navigable waters of the East River and
Upper New York Bay along Manhattan
and Brooklyn, NY for the on water
management of vessels associated with
the 2016 Macy’s 4th of July event. The
Special Local Regulation is necessary to
ensure the safety of spectators from
hazards associated with the anticipated
concentration of vessels for the event.
The event is scheduled to occur from
9:20 p.m. through 9:50 p.m. and the
COTP New York anticipates a large
number of vessels will congregate to
view the fireworks display. This rule
will be enforced from 6 p.m. through 11
p.m. on July 4, 2016 in order to ensure
that the area is clear of persons and
vessels before the fireworks display
begins, and to ensure that no hazards
remain after the fireworks display ends.
If the event is cancelled due to
inclement weather, then this regulation
will be enforced from 6 p.m. through 11
p.m. on July 5, 2016.
The COTP New York will establish
seven limited access areas within the
boundary of the regulated area. Access
to these areas will be restricted to
vessels of a certain size. The seven
limited access areas are: (1) A ‘‘spectator
area’’ designated ALFA in which access
is limited to vessels greater than or
equal to 20 meters in length (65.6ft); (2)
a ‘‘spectator area’’ designated BRAVO in
which access is limited to vessels less
than 20 meters in length (65.6ft); (3) a
‘‘buffer zone’’ around the fireworks
launch barges, designated area
CHARLIE, limited to all vessels tending
the fireworks launch barges; (4) a
‘‘spectator area’’ designated DELTA in
which access is limited to vessels
greater than 20 meters in length (65.6ft);
(5) a ‘‘spectator area’’ designated ECHO
in which access is limited to vessels less
than or equal to 20 meters in length
(65.6ft); (6) a ‘‘buffer zone’’ around the
fireworks launch barge, designated area
FOXTROT, limited to all vessels tending
the fireworks launch barges; (7) a
‘‘spectator area’’ designated GOLF in
which access is open to all vessels all
lengths.
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]]>Agencies
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37507-37510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13746]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2016-0463]
RIN 1625-AA08
Special Local Regulation; Midwest Masters Sprints; Maumee River;
Toledo, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Maumee River. This action is necessary and is intended to ensure safety
of life on navigable waters to be used for a rowing event immediately
prior to, during, and immediately after this event. This regulation
requires vessels to maintain a minimum speed for safe navigation and
maneuvering.
DATES: This temporary final rule is effective from 5 a.m. until 2:30
p.m. on June 11, 2016. For the purposes of enforcement, actual notice
will be used on June 11, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-
[[Page 37508]]
0463 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rule. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Petty Officer Brett Kreigh, Marine
Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email
Brett.A.Kreigh@uscg.mil. If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking
II. Background History and Regulatory Information
On June 11, 2016, the Toledo Rowing Club is holding a rowing
regatta in which at least 200 rowers will participate in a race on the
Maumee River. Due to the projected amount of human-powered watercraft
on the water, there is a need to require vessels in the affected
waterways to maintain a minimum speed for safe navigation. The rowing
regatta will occur between 5 a.m. and 2:30 p.m. on June 11, 2016. This
event is taking place under the same sponsorship in the same location
as last year.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. Having reviewed the application for a marine
event submitted by the sponsor on January 11, 2016, the Captain of the
Port Detroit (COTP) has determined that the likely combination of
recreation vessels, commercial vessels, and an unknown number of
spectators in close proximity to a rowing regatta along the water pose
extra and unusual hazards to public safety and property. Therefore, the
COTP is establishing a Special Local Regulation around the event
location to help minimize risks to safety of life and property during
this event.
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because waiting for a notice and comment period to
run would be impracticable, unnecessary, and contrary to the public
interest. Although an initial marine event application was submitted on
January 11, 2016, final details regarding event area and patrol
parameters were not known to the Coast Guard with sufficient time for
the Coast Guard to solicit public comments before the start of the
event. Thus, delaying the effective date of this rule to wait for a
notice and comment period to run would be impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect the public from the hazards associated with this power boat
race.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
IV. Discussion of Rule
This rule establishes a temporary special local regulation from 5
a.m. until 2:30 p.m. on June 11, 2016. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: All waters of
the Maumee River, Toledo, OH from the Veterans Glass Memorial Bridge at
River Mile 3.25 to the Norfolk Southern Railroad Bridge at River Mile
5.76.
An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16.
The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.
V. 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 (E.O.).
A. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management
and Budget has not reviewed it under those Orders.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
The Coast Guard's use of this special local regulation will be of
relatively small size and only nine and a half hours in duration, and
it is designed to minimize the impact on navigation. Moreover, vessels
may transit through the area affected by this special local regulation
at a minimum speed for safe navigation. Overall, the Coast Guard
expects minimal impact to vessel movement from the enforcement of this
special local regulation.
B. Impact on Small Entities
As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Maumee River, in the vicinity
of Toledo, OH between 5 a.m. and 2:30 p.m. on June 11, 2016.
This special local regulation will not have a significant economic
impact on
[[Page 37509]]
a substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the regulation, Coast Guard Sector Detroit will issue a
local Broadcast Notice to Mariners so vessel owners and operators can
plan accordingly.
C. 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 so that they can better evaluate
its effects on them. If this 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 section 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 entities
that question or complain about this rule or any policy or action of
the Coast Guard.
D. 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).
E. Federalism
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 rule under that Order and determined
that this rule does not have implications for federalism.
F. 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.
G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
H. 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.
I. Civil Justice Reform
This 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.
J. Protection of Children
We have analyzed this rule under E.O. 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.
K. Indian Tribal Governments
This rule does not have tribal implications under E.O. 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.
L. Energy Effects
This action is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.
M. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
N. 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 which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the establishment of a special local regulation and
is therefore 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. Add Sec. 100.35T09-0463 to read as follows:
Sec. 100.35T09-0463 Special Local Regulation; Midwest Masters
Sprints; Maumee River; Toledo, OH.
(a) Regulated area. A regulated area is established to encompass
the following waterway: all waters of the Maumee River, from the
Veterans Glass Memorial Bridge at River Mile 3.25 to the Norfolk
Southern Railroad Bridge at River Mile 5.76.
(b) Effective period. This section is effective and will be
enforced from 5 a.m. until 2:30 p.m. on June 11, 2016.
(c) Regulations. (1) Consistent with Sec. 100.901 of this part,
vessels transiting within the regulated area shall travel at a no-wake
speed and remain vigilant at all times. Additionally, vessels within
the regulated area must yield right-of-way for event participants and
event safety craft. Commercial vessels will have right-of-way over
event participants, and event safety craft.
[[Page 37510]]
(2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16. Vessel operators given permission
to operate within the regulated area must comply with all directions
given to them by the COTP or his on-scene representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.
Dated: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-13746 Filed 6-9-16; 8:45 am]
BILLING CODE 9110-04-P
