Special Local Regulation; Rock the River Toledo, Maumee River, Toledo, OH, 28216-28219 [2019-12845]
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(6) Example 6: NRA as potential current
beneficiary. Domestic Trust (DT) has a valid
ESBT election in effect. DT owns S
corporation stock. The S corporation owns
U.S. and foreign assets. The foreign assets
produce foreign source income. B, an NRA,
is the grantor and the only trust beneficiary
and potential current beneficiary of DT. B is
not a resident of a country with which the
United States has an income tax treaty.
Under section 677(a), B is treated as the
owner of DT because, under the trust
documents, income and corpus may be
distributed only to B during B’s lifetime.
Paragraph (b)(2)(ii) of this section requires
that the S corporation income of the ESBT
that otherwise would have been allocated to
B under the grantor trust rules must be
reallocated from B’s grantor portion to the S
portion of DT. In the example in this
paragraph (l)(6), the S portion of DT is treated
as including the grantor portion of the ESBT,
and thus all of DT’s income from the S
corporation is taxable to DT.
Par. 3. Section 1.1361–1 is amended
by:
■ 1. Revising paragraph (m)(1)(ii)(D).
■ 2. Revising paragraph (m)(2)(ii)(E)(2).
■ 3. Adding two sentences to the end of
paragraph (m)(4)(i).
■ 4. Revising the second sentence of
paragraph (m)(5)(iii).
■ 5. In paragraph (m)(8), designating
Examples 1 through 9 as paragraphs
(m)(8)(i) through (ix), respectively.
■ 6. Redesignating paragraphs
(m)(8)(i)(i) through (iii) as paragraphs
(m)(8)(i)(A) through (C), respectively.
■ 7. Redesignating paragraphs
(m)(8)(ii)(i) and (ii) as paragraphs
(m)(8)(ii)(A) and (B), respectively, and
revising the second sentence of newly
redesignated paragraph (m)(8)(ii)(A).
■ 8. In the first sentence of newly
redesignated paragraph (m)(8)(ii)(B),
removing the language ‘‘Example 2(i)’’
and adding ‘‘Example 2 in paragraph
(m)(8)(ii)(A) of this section’’ in its place.
■ 9. Redesignating paragraphs
(m)(8)(vi)(i) through (iii) as paragraphs
(m)(8)(vi)(A) through (C), respectively,
and revising the first sentence of newly
redesignated paragraph (m)(8)(vi)(B).
■ 10. In the first sentence of newly
redesignated paragraph (m)(8)(vi)(C),
removing the language ‘‘paragraph (i) of
this Example 6’’ and adding ‘‘Example
6 in paragraph (m)(8)(vi)(A) of this
section’’ in its place.
■ 11. In paragraph (m)(9):
■ i. Removing the language ‘‘Paragraphs
(m)(2)(ii)(A), (m)(4)(iii) and (vi), and
(m)(8), Example 2, Example 5, Example
7, Example 8, and Example 9’’ from the
second sentence and adding
‘‘Paragraphs (m)(2)(ii)(A) and (m)(4)(iii)
and (vi) of this section and Examples 2,
5, and 7 through 9 in paragraphs
(m)(8)(ii), (v), and (vii) through (ix),
respectively,’’ in its place.
■ ii. Adding a sentence at the end of the
paragraph.
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■
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The revisions and additions read as
follows:
(m)(8) of this section apply to all ESBTs
after December 31, 2017.
§ 1.1361–1
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: June 10, 2019.
David J Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
S corporation defined.
*
*
*
*
*
(m) * * *
(1) * * *
(ii) * * *
(D) Nonresident aliens. A nonresident
alien (NRA), as defined in section
7701(b)(1)(B), is an eligible beneficiary
of an ESBT and an eligible potential
current beneficiary.
*
*
*
*
*
(2) * * *
(ii) * * *
(E) * * *
(2) All potential current beneficiaries
of the trust meet the shareholder
requirements of section 1361(b)(1); for
the purpose of this paragraph
(m)(2)(ii)(E)(2), an NRA potential
current beneficiary does not violate the
requirement under section 1361(b)(1)(C)
that an S corporation cannot have an
NRA as a shareholder.
*
*
*
*
*
(4) * * *
(i) * * * An NRA potential current
beneficiary of an ESBT is treated as a
shareholder for purposes of the 100shareholder limit under section
1361(b)(1)(A). However, an NRA
potential current beneficiary of an ESBT
is not treated as a shareholder in
determining whether a corporation is a
small business corporation for purposes
of the NRA-shareholder prohibition
under section 1361(b)(1)(C).
*
*
*
*
*
(5) * * *
(iii) * * * For example, the S
corporation election will terminate if a
charitable remainder trust becomes a
potential current beneficiary of an
ESBT. * * *
*
*
*
*
*
(8) * * *
(ii) * * *
(A) * * * On January 1, 2006, A, a
partnership, becomes a potential current
beneficiary of Trust. * * *
*
*
*
*
*
(vi) * * *
(B) * * * Assume the same facts as
Example 6 in paragraph (m)(8)(vi)(A) of
this section except that D is a charitable
remainder trust. * * *
*
*
*
*
*
(9) * * * Paragraphs (m)(1)(ii)(D),
(m)(2)(ii)(E)(2), (m)(4)(i), (m)(5)(iii), and
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[FR Doc. 2019–12639 Filed 6–13–19; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No USCG–2019–0340]
RIN 1625–AA08
Special Local Regulation; Rock the
River Toledo, Maumee River, Toledo,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary special local
regulation for a portion of the navigable
waters of the Maumee River, Toledo,
OH. This regulated area is necessary to
protect spectators and vessels from
potential hazards associated with high
speed regatta races during Rock the
River Toledo. Entry of vessels or
persons into this regulated area is
prohibited unless specifically
authorized by the Captain of the Port
Detroit, or a designated representative.
DATES: This temporary final rule is
effective from 8 a.m. on June 28, 2019
through 7 p.m. on June 29, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0340 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Ryan Erpelding,
Waterways Department, Marine Safety
Unit Toledo, Coast Guard; telephone
(419) 418–6037, or email
Ryan.G.Erpelding@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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 (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of this regatta in time to publish an
NPRM. As such, it is impracticable to
publish an NPRM because we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
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. Waiting for a 30-day effective
period to run is impracticable and
contrary to the public interest for the
reasons discussed in the preceding
paragraph.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with the regatta from 8 a.m.
on June 28, 2019 through 7 p.m. on June
29, 2019 will be a safety concern to
anyone within waters of the Maumee
River, Toledo, OH where the regatta is
being held. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
regatta occurs.
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IV. Discussion of the Rule
This rule establishes a safety zone
from 8 a.m. on June 28, 2019 through 7
p.m. on June 29, 2019. The safety zone
will encompass all U.S. navigable
waters of the Maumee River, Toledo,
OH from the Martin Luther King Jr.
Memorial Bridge at river mile 4.30 to a
line drawn from a point at 41°38′44.6″
N 83°31′51.8″ W east to a point at
41°38′45.1″ N 83°32′02.2″ W. No vessel
or person will be permitted to enter the
safety zone without obtaining
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permission from the COTP or a
designated representative.
The Coast Guard will patrol the
regatta area under the direction of the
Captain of the Port Detroit (COTP), or a
designated representative. A designated
representative may be a Coast Guard
Patrol Commander. Vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer. Vessels will be
operated at a no wake speed to reduce
the wake to a minimum, in a manner
which will not endanger participants in
the event or any other craft and remain
vigilant for event participants and safety
craft. Additionally, vessels must yield
right-of-way for event participants and
event safety craft and must follow
directions given by the COTP or a
designated representative. The rules
contained in the above two sentences do
not apply to participants in the event or
vessels of the patrol operating in the
performance of their assigned duties.
Commercial vessels will have right-ofway over event participants and event
safety craft. The races will stop for
oncoming freighter or commercial traffic
and will resume after the vessel has
completed its passage through the
regulated area. The COTP or a
designated representative may direct the
anchoring, mooring, or movement of
any boat or vessel within the regatta
area. A succession of sharp, short
signals by whistle or horn from vessels
patrolling the area under the direction
of the COTP or a designated
representative shall serve as a signal to
stop. Vessels so signaled must stop and
comply with the orders of the COTP or
a designated representative. Failure to
do so may result in expulsion from the
area, citation for failure to comply, or
both. The COTP or a designated
representative may establish vessel size
and speed limitations and operating
conditions and may restrict vessel
operation within the regatta area to
vessels having particular operating
characteristics. The COTP or a
designated representative may terminate
the marine event or the operation of any
vessel at any time it is deemed
necessary for the protection of life and
property.
Patrol Commander means a Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
COTP to monitor a regatta area, permit
entry into the regatta area, give legally
enforceable orders to persons or vessels
within the regatta area, and take other
actions authorized by the COTP. The
Patrol Commander will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be
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28217
contacted on VHF–FM Marine Channel
16 by the call sign ‘‘Coast Guard Patrol
Commander.’’
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 and executive
orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the regulated area.
Vessel traffic will be able to safely
transit around this regulated area, which
will impact a small designated area of
the Maumee River in Toledo, OH for a
period of 35 hours. Moreover, the Coast
Guard will issue Broadcast Notice to
Mariners via VHF–FM Marine Channel
16 about the regulated area and the rule
allows vessels to seek permission to
enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities. Under the
Regulatory Flexibility Act (5 U.S.C.
601–612), we have considered the
impact of this temporary rule on small
entities. While some owners or
operators of vessels intending to transit
the safety zone may be small entities, for
the reasons stated in section V.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
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
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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.
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.
C. 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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D. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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
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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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (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 a
special local regulation interval lasting
for a period of 35 hours that will
prohibit entry within specified waters of
the Maumee River, Toledo, OH. It is
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. 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 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: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T999–0340 to read as
follows:
■
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§ 100.T999–0340 Special Local Regulation;
Rock the River Toledo, Maumee River,
Toledo, OH.
(a) Regulated area. The regulated area
includes all U.S. navigable waters of the
Maumee River, Toledo, OH from the
Martin Luther King Jr. Memorial Bridge
at river mile 4.30 to a line drawn from
a point at 41°38′44.6″ N 83°31′51.8″ W
east to a point at 41°38′45.1″ N
83°32′02.2″ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) of this
section will be enforced from 8 a.m.
through 7 p.m. on June 28, 2019 and
June 29, 2019.
(c) Special local regulations. (1) The
Coast Guard will patrol the regatta area
under the direction of the Captain of the
Port Detroit (COTP), or a designated
representative. A designated
representative may be a Coast Guard
Patrol Commander.
(2) Vessels desiring to transit the
regulated area may do so only with prior
approval of the COTP or a designated
representative and when so directed by
that officer. Vessels will be operated at
a no wake speed to reduce the wake to
a minimum, in a manner which will not
endanger participants in the event or
any other craft and remain vigilant for
event participants and safety craft.
Additionally, vessels must yield rightof-way for event participants and event
safety craft and must follow directions
given by the COTP or a designated
representative. The rules contained in
the preceding two sentences do not
apply to participants in the event or
vessels of the patrol operating in the
performance of their assigned duties.
Commercial vessels will have right-ofway over event participants and event
safety craft. The races will stop for
oncoming freighter or commercial traffic
and will resume after the vessel has
completed its passage through the
regulated area. COTP or a designated
representative may direct the anchoring,
mooring, or movement of any boat or
vessel within the regatta area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the COTP
or a designated representative shall
serve as a signal to stop. Vessels so
signaled must stop and comply with the
orders of the COTP or a designated
representative. Failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
The COTP or a designated
representative may establish vessel size
and speed limitations and operating
conditions and may restrict vessel
operation within the regatta area to
vessels having particular operating
characteristics. The COTP or a
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designated representative may terminate
the marine event or the operation of any
vessel at any time it is deemed
necessary for the protection of life and
property.
(3) Patrol Commander means a Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
COTP to monitor a regatta area, permit
entry into the regatta area, give legally
enforceable orders to persons or vessels
within the regatta area, and take other
actions authorized by the COTP. The
Patrol Commander will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be
contacted on VHF–FM Marine Channel
16 by the call sign ‘‘Coast Guard Patrol
Commander.’’
Dated: June 4, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2019–12845 Filed 6–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0290]
RIN 1625–AA00
Safety Zone; Creative Day
Technologies Mackinac Island
Fireworks, Mackinac Island, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the Straits of Mackinac near Mackinac
Island, MI. The temporary safety zone is
needed to protect vessels and spectators
from the hazards associated with a
fireworks show during the Creative Day
Technologies Mackinac Island
Fireworks. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Sault Sainte Marie or a
designated representative.
DATES: This rule is effective from 9:30
p.m. to 10:30 p.m., June 26, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0290 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
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email MST2 Onnalee A. Blackledge,
Waterways Management, Coast Guard
Sector Sault Sainte Marie, U.S. Coast
Guard; telephone 906–253–2443, email
sssmprevention@uscg.mil.
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, Purpose, and Legal
Basis
The Coast Guard is issuing this
temporary 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 (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of the requested safety zone with
sufficient time for a comment period to
run before the start of the fireworks
display. Thus, delaying this rule to wait
for a notice and comment period to run
would be impracticable because it
would inhibit the Coast Guard’s ability
to protect the public from the potential
hazards associated with the fireworks
display.
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, a
30 day notice period would be
impracticable.
III. Legal Authority and Need for Rule
The legal basis for this final
rulemaking is found at 46 U.S.C 70034;
33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland
Security Delegation No. 0170.1.
On June 26th 2019 from 9:30 p.m.
through 10:30 p.m., Mackinac Island
will have a fireworks display at position
45°50′48.44″ N, 084°37′40.06″ W. The
maximum sized shell to be used is six
inches and requires a temporary safety
zone of at least 420 feet. The State of
Michigan regulates fireworks displays.
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28219
This action is only for the temporary
safety zone.
The Captain of the Port Sault Sainte
Marie has determined that potential
hazard associated with fireworks from
9:30 p.m. to 10:30 p.m. on June 26, 2019
will be a safety concern to anyone
within a 420-foot radius of the launch
site. Such hazards include premature
and accidental detonations, falling and
burning debris, and collisions among
spectator vessels. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the temporary safety zone
while the fireworks are being displayed.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 9:30 p.m. through
10:30 p.m. on June 26, 2019. This rule
is necessary to protect the safety of
spectators and vessels during the
aforementioned display. The temporary
safety zone will encompass all U.S.
waters of Lake Huron within a 420 feet
radius from 45°50′48.44″ N,
084°37′40.06″ W. The rule will be
enforced to mitigate risks associated
with the display.
The duration of the zone is intended
to protect the safety of life and property
in these navigable waters during the
scheduled fireworks display. No vessel
or person will be permitted to enter the
temporary safety zone without obtaining
permission from the Captain of the Port
or a designated representative. The
Captain of the Port or a designated
representative may be contacted via
VHF Channel 16 or at 906–635–3237.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
E:\FR\FM\18JNR1.SGM
18JNR1
]]>Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28216-28219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12845]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No USCG-2019-0340]
RIN 1625-AA08
Special Local Regulation; Rock the River Toledo, 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 for a portion of the navigable waters of the Maumee River,
Toledo, OH. This regulated area is necessary to protect spectators and
vessels from potential hazards associated with high speed regatta races
during Rock the River Toledo. Entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port Detroit, or a designated representative.
DATES: This temporary final rule is effective from 8 a.m. on June 28,
2019 through 7 p.m. on June 29, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0340 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Ryan Erpelding, Waterways Department,
Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, or
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[[Page 28217]]
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this regatta in time
to publish an NPRM. As such, it is impracticable to publish an NPRM
because we lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing the rule.
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. Waiting for a 30-day effective
period to run is impracticable and contrary to the public interest for
the reasons discussed in the preceding paragraph.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with the regatta from 8 a.m. on June 28,
2019 through 7 p.m. on June 29, 2019 will be a safety concern to anyone
within waters of the Maumee River, Toledo, OH where the regatta is
being held. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the regatta occurs.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. on June 28, 2019
through 7 p.m. on June 29, 2019. The safety zone will encompass all
U.S. navigable waters of the Maumee River, Toledo, OH from the Martin
Luther King Jr. Memorial Bridge at river mile 4.30 to a line drawn from
a point at 41[deg]38'44.6'' N 83[deg]31'51.8'' W east to a point at
41[deg]38'45.1'' N 83[deg]32'02.2'' W. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
The Coast Guard will patrol the regatta area under the direction of
the Captain of the Port Detroit (COTP), or a designated representative.
A designated representative may be a Coast Guard Patrol Commander.
Vessels desiring to transit the regulated area may do so only with
prior approval of the COTP or a designated representative and when so
directed by that officer. Vessels will be operated at a no wake speed
to reduce the wake to a minimum, in a manner which will not endanger
participants in the event or any other craft and remain vigilant for
event participants and safety craft. Additionally, vessels must yield
right-of-way for event participants and event safety craft and must
follow directions given by the COTP or a designated representative. The
rules contained in the above two sentences do not apply to participants
in the event or vessels of the patrol operating in the performance of
their assigned duties. Commercial vessels will have right-of-way over
event participants and event safety craft. The races will stop for
oncoming freighter or commercial traffic and will resume after the
vessel has completed its passage through the regulated area. The COTP
or a designated representative may direct the anchoring, mooring, or
movement of any boat or vessel within the regatta area. A succession of
sharp, short signals by whistle or horn from vessels patrolling the
area under the direction of the COTP or a designated representative
shall serve as a signal to stop. Vessels so signaled must stop and
comply with the orders of the COTP or a designated representative.
Failure to do so may result in expulsion from the area, citation for
failure to comply, or both. The COTP or a designated representative may
establish vessel size and speed limitations and operating conditions
and may restrict vessel operation within the regatta area to vessels
having particular operating characteristics. The COTP or a designated
representative may terminate the marine event or the operation of any
vessel at any time it is deemed necessary for the protection of life
and property.
Patrol Commander means a Coast Guard commissioned, warrant, or
petty officer who has been designated by the COTP to monitor a regatta
area, permit entry into the regatta area, give legally enforceable
orders to persons or vessels within the regatta area, and take other
actions authorized by the COTP. The Patrol Commander will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on VHF-FM Marine Channel 16 by the call sign
``Coast Guard Patrol Commander.''
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 and executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulated area. Vessel
traffic will be able to safely transit around this regulated area,
which will impact a small designated area of the Maumee River in
Toledo, OH for a period of 35 hours. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM Marine Channel 16 about
the regulated area and the rule allows vessels to seek permission to
enter the regulated area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. While
some owners or operators of vessels intending to transit the safety
zone may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
[[Page 28218]]
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.
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.
C. 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).
D. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 a special local regulation interval
lasting for a period of 35 hours that will prohibit entry within
specified waters of the Maumee River, Toledo, OH. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
A Record of Environmental Consideration supporting this determination
is available in the docket where indicated under ADDRESSES.
G. 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 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T999-0340 to read as follows:
Sec. 100.T999-0340 Special Local Regulation; Rock the River Toledo,
Maumee River, Toledo, OH.
(a) Regulated area. The regulated area includes all U.S. navigable
waters of the Maumee River, Toledo, OH from the Martin Luther King Jr.
Memorial Bridge at river mile 4.30 to a line drawn from a point at
41[deg]38'44.6'' N 83[deg]31'51.8'' W east to a point at
41[deg]38'45.1'' N 83[deg]32'02.2'' W (NAD 83).
(b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 8 a.m. through 7 p.m. on June
28, 2019 and June 29, 2019.
(c) Special local regulations. (1) The Coast Guard will patrol the
regatta area under the direction of the Captain of the Port Detroit
(COTP), or a designated representative. A designated representative may
be a Coast Guard Patrol Commander.
(2) Vessels desiring to transit the regulated area may do so only
with prior approval of the COTP or a designated representative and when
so directed by that officer. Vessels will be operated at a no wake
speed to reduce the wake to a minimum, in a manner which will not
endanger participants in the event or any other craft and remain
vigilant for event participants and safety craft. Additionally, vessels
must yield right-of-way for event participants and event safety craft
and must follow directions given by the COTP or a designated
representative. The rules contained in the preceding two sentences do
not apply to participants in the event or vessels of the patrol
operating in the performance of their assigned duties. Commercial
vessels will have right-of-way over event participants and event safety
craft. The races will stop for oncoming freighter or commercial traffic
and will resume after the vessel has completed its passage through the
regulated area. COTP or a designated representative may direct the
anchoring, mooring, or movement of any boat or vessel within the
regatta area. A succession of sharp, short signals by whistle or horn
from vessels patrolling the area under the direction of the COTP or a
designated representative shall serve as a signal to stop. Vessels so
signaled must stop and comply with the orders of the COTP or a
designated representative. Failure to do so may result in expulsion
from the area, citation for failure to comply, or both. The COTP or a
designated representative may establish vessel size and speed
limitations and operating conditions and may restrict vessel operation
within the regatta area to vessels having particular operating
characteristics. The COTP or a
[[Page 28219]]
designated representative may terminate the marine event or the
operation of any vessel at any time it is deemed necessary for the
protection of life and property.
(3) Patrol Commander means a Coast Guard commissioned, warrant, or
petty officer who has been designated by the COTP to monitor a regatta
area, permit entry into the regatta area, give legally enforceable
orders to persons or vessels within the regatta area, and take other
actions authorized by the COTP. The Patrol Commander will be aboard
either a Coast Guard or Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on VHF-FM Marine Channel 16 by the call sign
``Coast Guard Patrol Commander.''
Dated: June 4, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-12845 Filed 6-17-19; 8:45 am]
BILLING CODE 9110-04-P
