Special Local Regulation; Atlantic Ocean, Key West, FL, 38148-38150 [2019-16740]
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38148
Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Proposed Rules
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–118425–18]
RIN 1545–BO90
Section 199A Rules for Cooperatives
and Their Patrons; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking;
withdrawal of notice of proposed
rulemaking; correction.
AGENCY:
This document contains a
correction to a notice of proposed
rulemaking; withdrawal of notice of
proposed rulemaking (REG–118425–18)
that was published in the Federal
Register on June 19, 2019 (84 FR 28668).
The proposed regulations provide
guidance to cooperatives to which
sections 1381 through 1388 of the
Internal Revenue Code (Code) apply
(Cooperatives) and their patrons
regarding the deduction for qualified
business income (QBI) under section
199A(a) of the Code as well as guidance
to specified agricultural or horticultural
cooperatives (Specified Cooperatives)
and their patrons regarding the
deduction for domestic production
activities under section 199A(g) of the
Code.
DATES: Written or electronic comments
and requests for a public hearing are
still being accepted and must be
received by August 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
James Holmes at (202) 317–4137;
concerning submission of comments or
to request a public hearing, Regina
Johnson, (202) 317–6901 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSK3GLQ082PROD with PROPOSALS
Background
The proposed regulations that are the
subject of this correction are under
sections 199A and 1388 of the Internal
Revenue Code.
Need for Correction
As published, the notice of proposed
rulemaking; withdrawal of notice of
proposed rulemaking (REG–118425–18)
contains errors which may prove to be
misleading and need to be clarified.
11501, published at 84 FR 28668 (June
19, 2019), is corrected to read as
follows:
1. On page 28668, in the preamble,
second column, under caption
ADDRESSES, third line from the bottom
of the paragraph, the language
‘‘1118425–18’’ is corrected to read
‘‘118425–18’’.
2. On page 28670, in the preamble,
first column, the sixth line from the
bottom of the last paragraph, the
language ‘‘defined under section’’ is
corrected to read ‘‘defined under’’.
3. On page 28670, in the preamble,
second column, the third line from the
bottom of the last partial paragraph, the
language ‘‘deduction and’’ is corrected
to read ‘‘deduction, and ‘‘.
4. On page 28671, in the preamble,
first column, the twelfth line from the
bottom of the page, the language
‘‘deduction and’’ is corrected to read
‘‘deduction, and’’.
5. On page 28671, in the preamble,
second column, under the paragraph
heading ‘‘D. Determination of W–2
Wages and UBIA of Qualified Property’’,
the first line of the paragraph, the
language ‘‘Section § ’’ is corrected to
read ‘‘Section’’.
6. On page 28676, in the preamble,
second column, under the paragraph V.
Proposed § 1.199A–11, Wage Limitation,
the sixth line of the paragraph, the
language ‘‘2019–16’’ is corrected to read
‘‘2019–31’’.
§ 1.99A–8
[Corrected]
7. On page 28689, column 3,
paragraph (d)(7), the fourth line, the
language ‘‘applicable) by’’ is corrected
to read ‘‘applicable, by’’.
■
§ 1.99A–12
[Corrected]
8. On page 28705, column 2,
paragraph (h) Example 2 (i), the seventh
line, the language, ‘‘All of X,’’ is
corrected to read ‘‘All of X’s,’’.
■
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2019–16378 Filed 8–5–19; 8:45 am]
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Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0631]
RIN 1625–AA08
Special Local Regulation; Atlantic
Ocean, Key West, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation for the RWO Offshore World
Championship on November 6, 8, and
10, 2019. This action is necessary to
ensure safety of life on navigable waters
on the waters of the Key West Main
Ship Channel, Key West Turning Basin,
and Key West Harbor Entrance in Key
West, FL. This proposed rulemaking
would prohibit persons and vessels
from entering, transiting through,
anchoring in, or remaining within the
regulated area without permission from
the Captain of the Port Key West or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 5, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0631 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Ensign Vera
Max, Sector Key West Waterways
Management Division, Coast Guard;
telephone (305) 292–8768, email
SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 20, 2019, Race World
Offshore notified the Coast Guard that it
will be conducting a high speed boat
race from 9:30 a.m. to 4:30 p.m. on
Correction of Publication
Accordingly, the notice of proposed
rulemaking; withdrawal of notice
proposed rulemaking (REG–118425–18)
that was the subject of FR Doc. 2019–
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DEPARTMENT OF HOMELAND
SECURITY
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Proposed Rules
November 6, 8, and 10, 2019.
Approximately 50 participants and 200
spectator craft will attend the event,
which will take place in the Atlantic
Ocean, off the tip of Key West, Florida,
on the waters of the Key West Main
Ship Channel, Key West Turning Basin,
and Key West Harbor Entrance in Key
West, FL. The Captain of the Port Key
West has determined the potential
hazards associated with the high speed
boat race would be a safety concern for
the participants, participant vessels, and
the general public.
The purpose of this rulemaking is to
protect event participants, spectators,
and vessels on the navigable waters of
the Key West Main Ship Channel, Key
West Turning Basin, and Key West
Harbor Entrance before, during, and
after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70041.
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 location, duration, and
time-of-day of the regulated area.
Although persons and vessels may not
enter, transit through, anchor in, or
remain within the area without
authorization from the COTP or a
designated representative, they will be
able to safely transit around the area.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
area, and the rule would allow vessels
to seek permission to enter the area
between race heats.
III. Discussion of Proposed Rule
The COTP Key West proposes to
establish a temporary special local
regulation from 9:30 a.m. through 4:30
p.m. on November 6, 8, and 10, 2019.
The proposed special local regulation
would consist of two regulated areas: (1)
A race and safety buffer area and (2) a
spectator area. These areas would
prohibit persons and vessels from
entering, transiting through, anchoring
in, or remaining within the race area or
buffer zone and prohibits vessels from
transiting at speeds that cause wake
within the spectator area, unless
authorized by the Captain of the Port
Key West or a designated representative
The special local regulation would
cover all navigable waters In the
Atlantic Ocean, off the tip of Key West,
Florida, on the waters of the Key West
Main Ship Channel, Key West Turning
Basin, and Key West Harbor Entrance.
The regulatory text we are proposing
appears at the end of this document.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
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IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes 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 NPRM has not
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17:54 Aug 05, 2019
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38149
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security 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 made a
preliminary determination that this
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Proposed Rules
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 special local
regulation for a 7 hour duration on 3
days that would prohibit entry into the
race area or buffer zone, and prohibit
vessels from transiting at speeds that
cause wake within the spectator area.
Normally such actions are categorically
excluded from further review under
paragraph L61 in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. A
preliminary Record of Environmental
Consideration supporting this
determination is 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 proposed rule.
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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.
V. Public Participation and Request for
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, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
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, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
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17:54 Aug 05, 2019
Jkt 247001
docket at https://www.regulations.gov
and can be viewed by following that
website’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.
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 is proposing
to amend 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 a temporary § 100.T799–0631
to read as follows:
■
§ 100.T799–0631 Special Local Regulation;
RWO World Championship, Key West, FL.
(a) Locations. The following regulated
areas are established as special local
regulations. All coordinates are North
American Datum 1983.
(1) Race and Safety Buffer Area.
Waters of the Atlantic Ocean of Key
West, FL that are encompassed within
the following points: Starting at Point 1
in position 24°32.506′ N, 81°49.984′ W;
thence southwest to Point 2 in position
24°32.455′ N, 81°49.040′ W; thence
northwest to Point 3 in position
24°32.559′ N, 81°49.584′ W; thence
northwest to Point 4 in position
24°32.608′ N, 81°49.628′ W; thence
northwest to Point 5 in position
24°33.095′ N, 81°49.265′ W; thence
northeast to Point 6 in position
24°33.518′ N, 81°48.902′ W; thence
northeast to Point 7 in position
24°33.908′ N, 81°48.448′ W; thence east
to Point 8 in position 24°33.898′ N,
81°48.364′ W; thence southeast back to
origin.
(2) Spectator Area. All waters of the
Atlantic Ocean in Key West, FL that are
encompassed within the following
points: Starting at Point 1 in position
24°33.123′ N, 81°49.290′ W; thence
northeast to Point 2 in position
24°33.545′ N, 81°48.923′ W; thence east
to Point 3 in position 24°33.518′ N,
81°48.902′ W thence southwest to point
4 in position 24°33.095′ N, 81°49.265′ W
thence west back to origin.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
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Federal, State, and local officer
designated by or assisting the Captain of
the Port Key West in the enforcement of
the safety zone.
(c) Regulations. (1) All nonparticipant persons and vessels, except
those persons and vessels participating
in the high-speed boat races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated areas described in
paragraph (a) of this section unless
authorized by the Captain of the Port
Key West or their designated
representative.
(2) All persons are prohibited from
entering the water or swimming in the
spectator area described in paragraph
(a)(2) of this section.
(3) All vessels are prohibited from
transiting at speeds that cause wake
within the spectator area described in
paragraph (a)(2) of this section.
(4) To seek permission to enter,
contact the Captain of the Port Key West
or a designated representative by
telephone at (305) 433–0954, or via VHF
radio on channel 16. If authorization is
granted by the Captain of the Port Key
West or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
Key West or a designated representative.
(5) The Coast Guard will provide
notice of the regulated area by Broadcast
Notice to Mariners and on-scene
designated representatives.
(d) Enforcement Period. This section
will be enforced from 9:30 a.m. until
4:30 p.m. on November 6, 8, and 10,
2019.
Dated: July 31, 2019.
A.A. Chamie,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2019–16740 Filed 8–5–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 131
[EPA–HQ–OW–2015–0174; FRL–9997–42–
OW]
RIN 2040–AF94
Withdrawal of Certain Federal Water
Quality Criteria Applicable to
Washington
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to amend the
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Proposed Rules]
[Pages 38148-38150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16740]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0631]
RIN 1625-AA08
Special Local Regulation; Atlantic Ocean, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for the RWO Offshore World Championship on November 6,
8, and 10, 2019. This action is necessary to ensure safety of life on
navigable waters on the waters of the Key West Main Ship Channel, Key
West Turning Basin, and Key West Harbor Entrance in Key West, FL. This
proposed rulemaking would prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within the regulated
area without permission from the Captain of the Port Key West or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 5, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0631 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.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Ensign Vera Max, Sector Key West
Waterways Management Division, Coast Guard; telephone (305) 292-8768,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On May 20, 2019, Race World Offshore notified the Coast Guard that
it will be conducting a high speed boat race from 9:30 a.m. to 4:30
p.m. on
[[Page 38149]]
November 6, 8, and 10, 2019. Approximately 50 participants and 200
spectator craft will attend the event, which will take place in the
Atlantic Ocean, off the tip of Key West, Florida, on the waters of the
Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor
Entrance in Key West, FL. The Captain of the Port Key West has
determined the potential hazards associated with the high speed boat
race would be a safety concern for the participants, participant
vessels, and the general public.
The purpose of this rulemaking is to protect event participants,
spectators, and vessels on the navigable waters of the Key West Main
Ship Channel, Key West Turning Basin, and Key West Harbor Entrance
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP Key West proposes to establish a temporary special local
regulation from 9:30 a.m. through 4:30 p.m. on November 6, 8, and 10,
2019. The proposed special local regulation would consist of two
regulated areas: (1) A race and safety buffer area and (2) a spectator
area. These areas would prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within the race area or
buffer zone and prohibits vessels from transiting at speeds that cause
wake within the spectator area, unless authorized by the Captain of the
Port Key West or a designated representative The special local
regulation would cover all navigable waters In the Atlantic Ocean, off
the tip of Key West, Florida, on the waters of the Key West Main Ship
Channel, Key West Turning Basin, and Key West Harbor Entrance. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 location,
duration, and time-of-day of the regulated area. Although persons and
vessels may not enter, transit through, anchor in, or remain within the
area without authorization from the COTP or a designated
representative, they will be able to safely transit around the area.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the area, and the rule would allow
vessels to seek permission to enter the area between race heats.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security 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 made
a preliminary determination that this
[[Page 38150]]
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 special local regulation for a 7
hour duration on 3 days that would prohibit entry into the race area or
buffer zone, and prohibit vessels from transiting at speeds that cause
wake within the spectator area. Normally such actions are categorically
excluded from further review under paragraph L61 in Table 3-1 of U.S.
Coast Guard Environmental Planning Implementing Procedures 5090.1. A
preliminary Record of Environmental Consideration supporting this
determination is 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 proposed
rule.
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.
V. Public Participation and Request for 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, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.
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 is
proposing to amend 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 a temporary Sec. 100.T799-0631 to read as follows:
Sec. 100.T799-0631 Special Local Regulation; RWO World Championship,
Key West, FL.
(a) Locations. The following regulated areas are established as
special local regulations. All coordinates are North American Datum
1983.
(1) Race and Safety Buffer Area. Waters of the Atlantic Ocean of
Key West, FL that are encompassed within the following points: Starting
at Point 1 in position 24[deg]32.506' N, 81[deg]49.984' W; thence
southwest to Point 2 in position 24[deg]32.455' N, 81[deg]49.040' W;
thence northwest to Point 3 in position 24[deg]32.559' N,
81[deg]49.584' W; thence northwest to Point 4 in position
24[deg]32.608' N, 81[deg]49.628' W; thence northwest to Point 5 in
position 24[deg]33.095' N, 81[deg]49.265' W; thence northeast to Point
6 in position 24[deg]33.518' N, 81[deg]48.902' W; thence northeast to
Point 7 in position 24[deg]33.908' N, 81[deg]48.448' W; thence east to
Point 8 in position 24[deg]33.898' N, 81[deg]48.364' W; thence
southeast back to origin.
(2) Spectator Area. All waters of the Atlantic Ocean in Key West,
FL that are encompassed within the following points: Starting at Point
1 in position 24[deg]33.123' N, 81[deg]49.290' W; thence northeast to
Point 2 in position 24[deg]33.545' N, 81[deg]48.923' W; thence east to
Point 3 in position 24[deg]33.518' N, 81[deg]48.902' W thence southwest
to point 4 in position 24[deg]33.095' N, 81[deg]49.265' W thence west
back to origin.
(b) Definition. As used in this section, the term ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Key West in the enforcement of the
safety zone.
(c) Regulations. (1) All non-participant persons and vessels,
except those persons and vessels participating in the high-speed boat
races, are prohibited from entering, transiting through, anchoring in,
or remaining within the regulated areas described in paragraph (a) of
this section unless authorized by the Captain of the Port Key West or
their designated representative.
(2) All persons are prohibited from entering the water or swimming
in the spectator area described in paragraph (a)(2) of this section.
(3) All vessels are prohibited from transiting at speeds that cause
wake within the spectator area described in paragraph (a)(2) of this
section.
(4) To seek permission to enter, contact the Captain of the Port
Key West or a designated representative by telephone at (305) 433-0954,
or via VHF radio on channel 16. If authorization is granted by the
Captain of the Port Key West or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Key West or a designated
representative.
(5) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners and on-scene designated representatives.
(d) Enforcement Period. This section will be enforced from 9:30
a.m. until 4:30 p.m. on November 6, 8, and 10, 2019.
Dated: July 31, 2019.
A.A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2019-16740 Filed 8-5-19; 8:45 am]
BILLING CODE 9110-04-P
