Special Local Regulation; Frogtown Regatta, Maumee River, Toledo, OH, 44694-44696 [2019-18282]
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
regulations under section 951A of the
Internal Revenue Code that provide
guidance to determine the amount of
global intangible low-taxed income
included in the gross income of certain
United States shareholders of foreign
corporations.
Effective date: These regulations
are effective on August 27, 2019.
Applicability date: June 21, 2019.
adding ‘‘paragraph (c)(4)(iii)(C)’’ in its
place.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, Procedure and Administration.
[FR Doc. 2019–18348 Filed 8–26–19; 8:45 am]
DATES:
BILLING CODE 4830–01–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Jorge M. Oben at (202) 317–6934 (not a
toll free number).
Coast Guard
SUPPLEMENTARY INFORMATION:
33 CFR Part 100
Background
The final regulation (TD 9866) that is
the subject of this correction is under
section 951A of the Internal Revenue
Code.
Need for Correction
As published in June 21, 2019 (84 FR
29288), the final regulations (TD 9866;
FR 2019–12437) contained errors that
may prove misleading and therefore
need to be corrected.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
§ 1.951A–2
[Amended]
Par. 2. Section 1.951A–2 is amended
by:
■ a. In the second sentence of paragraph
(c)(4)(iv)(A)(2)(i), removing the language
‘‘paragraph (c)(4)(ii)(A)’’ and adding
‘‘paragraph (c)(4)(iii)(A)’’ in its place;
■ b. In the third sentence of paragraph
(c)(4)(iv)(A)(2)(ii), removing the
language ‘‘paragraph (c)(4)(ii)(B)’’ and
adding ‘‘paragraph (c)(4)(iii)(B)’’ in its
place; and
■ c. In paragraph (c)(4)(iv)(C)(2)(iii):
■ i. In the third sentence, removing the
language ‘‘paragraph (c)(4)(ii)(B)’’ and
adding ‘‘paragraph (c)(4)(iii)(B)’’ in its
place; and
■ ii. In the fourth sentence, removing
the language ‘‘paragraph (c)(4)(iii)’’ and
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■
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[Docket No USCG–2019–0684]
RIN 1625–AA08
Special Local Regulation; Frogtown
Regatta, Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for all navigable waters of the
Maumee River, Toledo, OH from the
Martin Luther King Jr. Memorial Bridge
at Maumee River mile 4.30 to the
Michael DiSalle Bridge at river mile
6.73. This regulated area is necessary to
protect spectators and vessels from
potential hazards associated with the
Frogtown Regatta. 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 7 a.m. through 5 p.m. on
September 28, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0684 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 rule, call
or email MSTC Allie Lee, Waterways
Department, Marine Safety Unit Toledo,
Coast Guard; telephone (419) 418–6023,
email Allie.L.Lee@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
PO 00000
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Fmt 4700
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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. 70034. The
Captain of the Port Detroit (COTP) has
determined that potential hazard
associated with regatta from 7 a.m.
through 5 p.m. on September 28, 2019
will be a safety concern to anyone
within waters of the Maumee river,
Toledo, OH from the Martin Luther King
Jr. Memorial Bridge at river mile 4.30 to
the Michael DiSalle Bridge at river mile
6.73. 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 7 a.m. through 5 p.m. on
September 28, 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
the Michael DiSalle Bridge at river mile
6.73. 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
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Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
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.
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 U.S. 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
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17:38 Aug 26, 2019
Jkt 247001
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 10 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
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
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44695
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.
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44696
Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Rules and Regulations
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 10 hours that will
prohibit entry within waters of the
Maumee river, Toledo, OH from the
Martin Luther King Jr. Memorial Bridge
at river mile 4.30 to the Michael DiSalle
Bridge at river mile 6.73. It is
categorically excluded from further
review under paragraph L61 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
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 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. 70034.
2. Add temporary § 100.T999–0684 to
read as follows:
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■
§ 100.T999–0684 Special Local Regulation;
Frogtown Regatta, 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 the Michael DiSalle
Bridge at river mile 6.73.
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17:38 Aug 26, 2019
Jkt 247001
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 7 a.m. through 5 p.m. on
September 28, 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 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.
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.
(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
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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: August 20, 2019.
Meridena D. Kauffman,
Commander, U.S. Coast Guard, Acting
Captain of the Port Detroit.
[FR Doc. 2019–18282 Filed 8–26–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0590]
RIN 1625–AA00
Safety Zone; Los Angeles Fleet Week,
San Pedro, California
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The U.S. Coast Guard is
establishing a temporary safety zone in
the Port of Los Angeles Main Channel,
in support of the U. S. Coast Guard
aviation and waterborne asset
demonstration for Los Angeles Fleet
Week. This action is necessary to
provide for the safety of life on these
navigable waters in the area of the Coast
Guard air and water demonstration and
to protect the high concentration of
people attending the event. This
regulation would prohibit vessels from
entering into, transiting through, or
remaining within the designated area
unless specifically authorized by the
Captain of the Port, Sector Los
Angeles—Long Beach, or a designated
representative.
SUMMARY:
This rule is effective from 10:00
a.m. August 31, 2019 through 4:00 p.m.
on September 2, 2019. The rule will be
enforced from 10:00 a.m. to 4:00 p.m.
each day.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0590 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
rulemaking, call or email MST1
Benjamin Martin, Waterways
Management Branch, U.S. Coast Guard
Sector Los Angeles—Long Beach;
DATES:
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]]>Agencies
[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Rules and Regulations]
[Pages 44694-44696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18282]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No USCG-2019-0684]
RIN 1625-AA08
Special Local Regulation; Frogtown Regatta, Maumee River, Toledo,
OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Maumee River, Toledo, OH
from the Martin Luther King Jr. Memorial Bridge at Maumee River mile
4.30 to the Michael DiSalle Bridge at river mile 6.73. This regulated
area is necessary to protect spectators and vessels from potential
hazards associated with the Frogtown Regatta. 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 7 a.m. through 5
p.m. on September 28, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0684 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 rule,
call or email MSTC Allie Lee, Waterways Department, Marine Safety Unit
Toledo, Coast Guard; telephone (419) 418-6023, 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 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.
70034. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with regatta from 7 a.m. through 5 p.m. on
September 28, 2019 will be a safety concern to anyone within waters of
the Maumee river, Toledo, OH from the Martin Luther King Jr. Memorial
Bridge at river mile 4.30 to the Michael DiSalle Bridge at river mile
6.73. 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 7 a.m. through 5 p.m. on
September 28, 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 the Michael DiSalle Bridge at
river mile 6.73. 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
[[Page 44695]]
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. 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 U.S. 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 10 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 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.
[[Page 44696]]
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 10 hours that will prohibit entry within waters
of the Maumee river, Toledo, OH from the Martin Luther King Jr.
Memorial Bridge at river mile 4.30 to the Michael DiSalle Bridge at
river mile 6.73. It is categorically excluded from further review under
paragraph L61 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
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 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. 70034.
0
2. Add temporary Sec. 100.T999-0684 to read as follows:
Sec. 100.T999-0684 Special Local Regulation; Frogtown Regatta,
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 the Michael DiSalle Bridge at
river mile 6.73.
(b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 7 a.m. through 5 p.m. on September 28, 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 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. 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.
(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: August 20, 2019.
Meridena D. Kauffman,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2019-18282 Filed 8-26-19; 8:45 am]
BILLING CODE 9110-04-P
