Safety Zone; Tennessee River, Kentucky Dam Marina Fireworks, Gilbertsville, KY, 44223-44225 [2019-18248]
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44223
Rules and Regulations
Federal Register
Vol. 84, No. 164
Friday, August 23, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
(ii) B’s pro rata share (60%) of
the amount which bears the
same ratio to the subpart F income of such corporation for
the taxable year ($100x) as the
part of such year during which
A did not own (within the
meaning of section 958(a))
such stock bears to the entire
taxable year (146/365) (0.6 ×
$100x × (146/365)) ...................
(iii) Amount of reduction under
section 951(a)(2)(B) (lesser of
(i) or (ii)) ....................................
TABLE 1 TO PARAGRAPH
(b)(2)(vi)(B)(2)
R’s tested income for Year 1 ........................
Less: Reduction under section 951(a)(2)(A)
for period (1–1 through 3–14) during
which R is not a controlled foreign corporation ($300x × 73/365) .........................
24x
15x
A’s pro rata share of subpart F income as
determined under section 951(a)(2) ..........
[TD 9866]
21x
2. On page 29338, Table 1 to
paragraph (b)(2)(vi)(B)(1) should appear
as follows:
RIN 1545–BO54; 1545–BO62
Guidance Related to Section 951A
(Global Intangible Low-Taxed Income)
and Certain Guidance Related to
Foreign Tax Credits
Correction
In rule document 2019–12437,
appearing on pages 29288 through
29370, in the issue of Friday, June 21,
2019 make the following corrections:
1. On page 29337, Table 1 to
paragraph (b)(2)(iv)(B) should appear as
follows:
TABLE 1 TO PARAGRAPH (b)(2)(iv)(B)
M’s subpart F income for Year 1 ..................
Less: Reduction under section 951(a)(2)(A)
for period (1–1 through 5–26) during
which M is not a controlled foreign corporation ($100x × 146/365) .......................
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TABLE 1 TO PARAGRAPH
(b)(2)(iv)(B)—Continued
$100x
Subpart F income for Year 1 as limited by
section 951(a)(2)(A) ...................................
A’s pro rata share of subpart F income as
determined under section 951(a)(2)(A)
(0.6 × $60x) ...............................................
Less: Reduction under section 951(a)(2)(B)
for dividends received by B during Year 1
with respect to the stock of M acquired by
A:
(i) Dividend received by B ($15x),
multiplied by a fraction ($100x/
$100x), the numerator of which
is the subpart F income of such
corporation for the taxable year
($100x) and the denominator of
which is the sum of the subpart
F income and the tested income of such corporation for
the taxable year ($100x) ($15x
× ($100x/$100x)) ......................
15x
40x
60x
36x
TABLE 1 TO PARAGRAPH
(b)(2)(vi)(B)(1)
R’s subpart F income for Year 1 ...................
Less: Reduction under section 951(a)(2)(A)
for period (1–1 through 3–14) during
which R is not a controlled foreign corporation ($100x × 73/365) .........................
Subpart F income for Year 1 as limited by
section 951(a)(2)(A) ...................................
A’s pro rata share of subpart F income as
determined under section 951(a)(2)(A)
(0.6 × $80x) ...............................................
Less: Reduction under section 951(a)(2)(B)
for dividends received by B during Year 1
with respect to the stock of R indirectly
acquired by A:
(i) Dividend received by B
($100x) multiplied by a fraction
($100x/$400x), the numerator
of which is the subpart F income of such corporation for
the taxable year ($100x) and
the denominator of which is the
sum of the subpart F income
and the tested income of such
corporation for the taxable year
($400x) ($100x × ($100x/
$400x)) .....................................
25x
(ii) B’s pro rata share (60%) of
the amount which bears the
same ratio to the subpart F income of such corporation for
the taxable year ($100x) as the
part of such year during which
A did not own (within the
meaning of section 958(a))
such stock bears to the entire
taxable year (73/365) (0.6 ×
$100x × (73/365)) .....................
12x
(iii) Amount of reduction under
section 951(a)(2)(B) (lesser of
(i) or (ii)) ....................................
A’s pro rata share of subpart F income as
determined under section 951(a)(2) ..........
$100x
20x
80x
48x
A’s pro rata share of tested income under
section 951A(e)(1) .....................................
15:55 Aug 22, 2019
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60x
240x
144x
36x
108x
[FR Doc. C1–2019–12437 Filed 8–22–19; 8:45 am]
BILLING CODE 1300–01–D
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0662]
RIN 1625–AA00
Safety Zone; Tennessee River,
Kentucky Dam Marina Fireworks,
Gilbertsville, KY
12x
36x
3. On the same page, Table 1 to
paragraph (b)(2)(vi)(B)(2) should appear
as follows:
VerDate Sep<11>2014
Tested income for Year 1 as limited by
under section 951(a)(2)(A) ........................
A’s pro rata share of tested income as determined under § 1.951A–1(d)(2) (0.6 ×
$240x) ........................................................
Less: Reduction under section 951(a)(2)(B
for dividends received by B during Year 1
with respect to the stock of R indirectly
acquired by A:
(i) Dividend received by B
($100x) multiplied by a fraction
($300x/$400x), the numerator
of which is the tested income
of such corporation for the taxable year ($300x) and the denominator of which is the sum
of the subpart F income and
the tested income of such corporation for the taxable year
($400x) ($100x × ($300x/
$400x)) .....................................
75x
(ii) B’s pro rata share (60%) of
the amount which bears the
same ratio to the tested income
of such corporation for the taxable year ($300x) as the part of
such year during which A did
not own (within the meaning of
section 958(a)) such stock
bears to the entire taxable year
(73/365) (0.6 × $300x × (73/
365)) .........................................
36x
(iii) Amount of reduction under
section 951(a)(2)(B) (lesser of
(i) or (ii)) ....................................
$300x
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Tennessee River.
SUMMARY:
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44224
Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Rules and Regulations
This action is necessary to ensure safety
of life on these navigable waters
immediately prior to, during, and after
a pyrotechnics display near Kentucky
Dam Marina, Gilbertsville, KY. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative.
This rule is effective from 8:45
p.m. to 10 p.m. on August 31, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0662 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 about this proposed
rulemaking, call or email MST2 Dylan
Caikowski, MSU Paducah, U.S. Coast
Guard; telephone 270–442–1621 ext.
2120, email STL-SMB-MSUPaducahWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jbell on DSK3GLQ082PROD with RULES
II. Background Information and
Regulatory History
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. It is
impracticable to publish an NPRM
because this safety zone must be
established by August 31, 2019 and 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. Delaying the effective date of
VerDate Sep<11>2014
15:55 Aug 22, 2019
Jkt 247001
this rule would be contrary to the public
interest because immediate action is
needed to protect the public from the
potential safety hazards associated with
a pyrotechnics display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with a pyrotechnics
display on August 31, 2019, will be a
safety concern for anyone within a 350foot radius of the pyrotechnics display.
This rule is needed to protect personnel
on the navigable waters within the
safety zone prior to, during, and after a
pyrotechnics display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:45 p.m. until 10 p.m. on August
31, 2019. The safety zone will cover all
navigable waters within a 350-foot
radius from the pyrotechnics launch site
at the entrance to Kentucky Dam Marina
at mile marker 22.6 on the Tennessee
River. The duration of the zone is
intended to protect personnel and
vessels in these navigable waters prior
to, during, and after a pyrotechnic
display. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
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transit around this safety zone, which
will impact a 350-foot radius designated
area of the Tennessee River for one hour
and fifteen minutes on August 31, 2019.
Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners (BNMs)
via VHF–FM marine channel 16 to
inform mariners about the zone, and the
rule allows vessels to seek permission to
enter the zone.
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 rule will not have a
significant economic impact on a
substantial number of 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
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.
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
E:\FR\FM\23AUR1.SGM
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Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Rules and Regulations
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 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 call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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
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 safety
zone lasting only one hour and fifteen
minutes that will prohibit the entry of
vessels and persons within a 350-foot
radius of the entrance to Kentucky Dam
Marina at mile marker 22.6 on the
VerDate Sep<11>2014
15:55 Aug 22, 2019
Jkt 247001
Tennessee River in Gilbertsville, KY. It
is categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165— REGULATED
NAVIGATION AREAS AND LIMITED
ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0662 to read as
follows:
■
§ 165.T08–0662 Safety Zone; Tennessee
River, Kentucky Dam Marina Fireworks,
Gilbertsville, KY.
(a) Location. The safety zone will
cover all navigable waters of the
Tennessee River at mile marker 22.6
within a 350-foot radius from the
fireworks launch site on the Kentucky
Dam Marina break wall in Gilbertsville,
KY.
(b) Enforcement period. This section
will be enforced from 8:45 p.m. until 10
p.m. on August 31, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
phone at 502–779–5400.
(3) If permission is granted, all
persons and vessels must transit at their
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44225
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will issue Broadcast Notice to Mariners
(BNMs) via VHF–FM marine channel 16
to inform mariners about the zone, and
the rule allows vessels to seek
permission to enter the zone.
M.A. Wike,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Sector Ohio Valley.
[FR Doc. 2019–18248 Filed 8–22–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 1, 21, 35, 49, 52, 59, 60,
61, 62, 63, 65, 82, 147, 272, 282, 374,
707, and 763
[FRL–9998–08–Region 6]
Regional Office Address
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendments.
AGENCY:
The Environmental Protection
Agency (EPA) is amending its
regulations to reflect a change in
address and organization names for
EPA’s Region 6 office. This action is
editorial in nature and is intended to
provide accuracy and clarity to EPA’s
regulations.
SUMMARY:
This rule is effective on August
23, 2019.
ADDRESSES: EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270–
2102.
FOR FURTHER INFORMATION CONTACT: Carl
Young, EPA Region 6, 214–665–6645,
young.carl@epa.gov.
SUPPLEMENTARY INFORMATION: This rule
makes editorial changes to various
environmental regulations in title 40 of
the Code of Federal Regulations (CFR) to
reflect a change in address and
organization names for the Region 6
office. It does not otherwise impose or
amend any requirements. Pursuant to 5
U.S.C. 533 (b)(3)(B) of the
Administrative Procedure Act (APA),
EPA has found that the public notice
and comment provisions of the APA,
found at 5 U.S.C. 553(b), do not apply
to this rulemaking as public notice and
comment is unnecessary because this
amendment to the regulations provides
only technical changes to update an
address or an organization name. EPA
has also determined that there is good
DATES:
E:\FR\FM\23AUR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Rules and Regulations]
[Pages 44223-44225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18248]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0662]
RIN 1625-AA00
Safety Zone; Tennessee River, Kentucky Dam Marina Fireworks,
Gilbertsville, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River.
[[Page 44224]]
This action is necessary to ensure safety of life on these navigable
waters immediately prior to, during, and after a pyrotechnics display
near Kentucky Dam Marina, Gilbertsville, KY. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Ohio Valley or a designated
representative.
DATES: This rule is effective from 8:45 p.m. to 10 p.m. on August 31,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0662 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 about this
proposed rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah,
U.S. Coast Guard; telephone 270-442-1621 ext. 2120, 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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. It
is impracticable to publish an NPRM because this safety zone must be
established by August 31, 2019 and 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. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to protect the public from the potential safety
hazards associated with a pyrotechnics display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with a
pyrotechnics display on August 31, 2019, will be a safety concern for
anyone within a 350-foot radius of the pyrotechnics display. This rule
is needed to protect personnel on the navigable waters within the
safety zone prior to, during, and after a pyrotechnics display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:45 p.m. until 10 p.m. on
August 31, 2019. The safety zone will cover all navigable waters within
a 350-foot radius from the pyrotechnics launch site at the entrance to
Kentucky Dam Marina at mile marker 22.6 on the Tennessee River. The
duration of the zone is intended to protect personnel and vessels in
these navigable waters prior to, during, and after a pyrotechnic
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a 350-foot radius designated area of the Tennessee River for one
hour and fifteen minutes on August 31, 2019. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine
channel 16 to inform mariners about the zone, and the rule allows
vessels to seek permission to enter the zone.
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 rule
will not have a significant economic impact on a substantial number of
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 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.
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
[[Page 44225]]
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 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 call or email 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
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 safety zone lasting only one hour and
fifteen minutes that will prohibit the entry of vessels and persons
within a 350-foot radius of the entrance to Kentucky Dam Marina at mile
marker 22.6 on the Tennessee River in Gilbertsville, KY. It is
categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. 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 call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0662 to read as follows:
Sec. 165.T08-0662 Safety Zone; Tennessee River, Kentucky Dam Marina
Fireworks, Gilbertsville, KY.
(a) Location. The safety zone will cover all navigable waters of
the Tennessee River at mile marker 22.6 within a 350-foot radius from
the fireworks launch site on the Kentucky Dam Marina break wall in
Gilbertsville, KY.
(b) Enforcement period. This section will be enforced from 8:45
p.m. until 10 p.m. on August 31, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. [thinsp]165.23 of this part, entry into this zone is prohibited
unless authorized by the Captain of the Port Sector Ohio Valley (COTP)
or a designated representative.
(2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 502-779-5400.
(3) If permission is granted, all persons and vessels must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will issue Broadcast Notice to Mariners (BNMs) via VHF-
FM marine channel 16 to inform mariners about the zone, and the rule
allows vessels to seek permission to enter the zone.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio
Valley.
[FR Doc. 2019-18248 Filed 8-22-19; 8:45 am]
BILLING CODE 9110-04-P
