Special Local Regulation; Temporary Change for Recurring Marine Event in the Seventh Coast Guard District, 67375-67378 [2019-26584]
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Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Rules and Regulations
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the total amount of assets of the VEBA at the
close of the taxable year over the applicable
account limit ($3,800)).
(d)(1) Q–4. What is the effective date
of the amendments to section 512(a)(3)
and what transition rules apply to
‘‘existing reserves for post-retirement
medical or life insurance benefits’’?
(2) A–4. (i) The amendments to
section 512(a)(3), made by the Tax
Reform Act of 1984, apply to income
earned by a Covered Entity after
December 31, 1985, in the taxable years
of such an organization ending after
such date.
(ii) Section 512(a)(3)(E)(ii)(I) provides
that income that is attributable to
‘‘existing reserves for post-retirement
medical or life insurance benefits’’ will
not be treated as unrelated business
taxable income. This includes income
that is either directly or indirectly
attributable to existing reserves. An
‘‘existing reserve for post-retirement
medical or life insurance benefits’’ (as
defined in section 512(a)(3)(E)(ii)(II)) is
the total amount of assets actually set
aside by a Covered Entity on July 18,
1984 (calculated in the manner set forth
in paragraph (c) of this section, and
adjusted under paragraph (c) of Q&A–11
of § 1.419–1T), reduced by employer
contributions to the fund on or before
such date to the extent such
contributions are not deductible for the
taxable year of the employer including
July 18, 1984, and for any prior taxable
year of the employer, for purposes of
providing such post-retirement benefits.
For purposes of the preceding sentence
only, an amount that was not actually
set aside on July 18, 1984, will be
treated as having been actually set aside
on such date if the amount was—
(A) Incurred by the employer (without
regard to section 461(h)) as of the close
of the last taxable year of the Covered
Entity ending before July 18, 1984; and
(B) Actually contributed to the
Covered Entity within 8 1⁄2 months
following the close of such taxable year.
(iii) In addition, section
512(a)(3)(E)(ii)(I) applies to existing
reserves for such post-retirement
benefits only to the extent that such
‘‘existing reserves’’ do not exceed the
amount that could be accumulated
under the principles set forth in
Revenue Rulings 69–382, 1969–2 CB 28;
69–478, 1969–2 CB 29; and 73–599,
1973–2 CB 40. Thus, amounts
attributable to any such excess ‘‘existing
reserves’’ are not within the transition
rule of section 512(a)(3)(E)(ii)(I) even
though they were actually set aside on
July 18, 1984. See § 601.601(d)(2)(ii)(b)
of this chapter.
(iv) All post-retirement medical or life
insurance benefits (or other benefits to
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the extent paid with amounts set aside
to provide post-retirement medical or
life insurance benefits) provided after
July 18, 1984 (whether or not the
employer has maintained a reserve or
fund for such benefits) are to be
charged, first, against the ‘‘existing
reserves’’ within the transition rule of
section 512(a)(3)(E)(ii)(I) (including
amounts attributable to ‘‘existing
reserves’’ within the transition rule of
section 512(a)(3)(E)(ii)(I) for postretirement medical benefits or for postretirement life insurance benefits (as the
case may be)) and, second, against all
other amounts. For purposes of this
paragraph (d)(2)(iv), the qualified direct
cost of an asset with a useful life
extending substantially beyond the end
of the taxable year (as determined under
Q&A–6 of § 1.419–1T) will be treated as
a benefit provided and thus charged
against the ‘‘existing reserve’’ based on
the extent to which such asset is used
in the provision of post-retirement
medical benefits or post-retirement life
insurance benefits (as the case may be).
All plans of an employer providing
post-retirement medical benefits are to
be treated as one plan for purposes of
section 512(a)(3)(E)(ii)(III), and all plans
of an employer providing postretirement life insurance benefits are to
be treated as one plan for purposes of
section 512(a)(3)(E)(ii)(III).
(v) In calculating the unrelated
business taxable income of a Covered
Entity for a taxable year of such
organization, the total income of the
Covered Entity for the taxable year is
reduced by the income attributable to
‘‘existing reserves’’ within the transition
rule of section 512(a)(3)(E)(ii)(I) before
such income is compared to the excess
of the total amount of the assets of the
Covered Entity as of the close of the
taxable year over the applicable account
limit for the taxable year.
(vi) The following example illustrates
the calculation of UBTI for a VEBA that
has existing reserves.
(A) Example. Assume that the total income
of a VEBA for a taxable year is $1,000, and
that the excess of the total amount of the
assets of the VEBA as of the close of the
taxable year over the applicable account limit
is $600. Assume also that of the $1,000 of
total income, $540 is attributable to ‘‘existing
reserves’’ within the transition rule of section
512(a)(3)(E)(ii)(I). The unrelated business
taxable income of this VEBA for the taxable
year is $460, determined as the lesser of the
following two amounts:
(1) The total income of the VEBA for the
taxable year, reduced by the extent to which
such income is attributable to ‘‘existing
reserves’’ within the meaning of the
transition rule of section 512(a)(3)(E)(ii)(I)
($1,000¥$540 = $460); and
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(2) The excess of the total amount of the
assets of the VEBA as of the close of the
taxable year over the applicable account limit
($600).
(B) [Reserved]
(e)(1) Q–5. What is the applicability
date of this section?
(2) A–5. Except as otherwise provided
in this paragraph (e)(2), this section is
applicable to taxable years beginning on
or after December 10, 2019. For rules
that apply to earlier periods, see
§ 1.512(a)–5T, as contained in 26 CFR
part 1, revised April 1, 2019.
§ 1.512(a)–5T
[Removed]
Par. 3. Section 1.512(a)–5T is
removed.
■
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: November 19, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–26274 Filed 12–9–19; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2019–0908]
RIN 1625–AA08
Special Local Regulation; Temporary
Change for Recurring Marine Event in
the Seventh Coast Guard District
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
period of a special local regulation for
a recurring marine event in the Seventh
Coast Guard District and adding a
temporary safety zone for this event.
These regulations apply to the St. Croix
Christmas Boat Parade and Fireworks
Display in the vicinity of Protestant Cay
in St. Croix, USVI, which will take place
this year on December 14, 2019. The
temporary special local regulation and
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment from the boat
parade and fireworks display. Entry of
vessels or persons into this regulated
area is prohibited unless specifically
authorized by the Captain of the Port
San Juan.
DATES: This rule is effective on
December 14, 2019, from 4 p.m. until 11
p.m.
SUMMARY:
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Federal Register / Vol. 84, No. 237 / Tuesday, December 10, 2019 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0908 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Pedro
Mendoza, Sector San Juan Prevention
Department, Waterways Management
Division, U.S. Coast Guard; telephone
787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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 the
Coast Guard did not receive notice of
the marine event from involved parties
with sufficient time to publish a NPRM
and to receive public comments prior to
the event. It is impracticable to publish
an NPRM because the Coast Guard did
not receive notice of the alternate date
of the boat parade and the addition of
a fireworks display until October 31,
2019, and the special local regulation is
needed for December 14, 2019. This
action is necessary for the protection of
life and property on the navigable
waters of the United States. Therefore,
it would be contrary to the public
interest to postpone temporarily
amending this special local regulation.
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 impracticable
because immediate action is needed to
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respond to the potential safety and
security concerns associated with power
boat races.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034 and
70041. The Captain of the Port San Juan
(COTP) has determined that potential
hazards associated with the boat parade
and fireworks display on December 14,
2019, will be a safety concern for
anyone within the vicinity of the event.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters of Christiansted
Harbor in the vicinity of Protestant Cay
in St. Croix, USVI.
IV. Discussion of the Rule
This rule temporarily changes the
date of the Christmas Boat Parade in St.
Croix, USVI and adds a fireworks
display to the event description. The
special local regulation is from 4:00
p.m. until 11:00 p.m. on December 14,
2019. The temporary special local
regulation will cover all navigable
waters of Christiansted Harbor
approximately 200 yards from
Protestant Cay. During the fireworks
display, an exclusion zone of 700 feet
will be established around the deck
barges at approximate position 17°45′3″
N, 064°42′10″ W. The duration of the
temporary special local regulation is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during the boat parade
and fireworks display. No vessel or
person, other than the event
participants, will be permitted to enter
the regulated area 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
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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 expected size, location
and available exceptions to the
enforcement of the special local
regulation and safety zone. The
regulated area will impact a small
designated area of Christiansted Harbor
in the vicinity of Protestant Cay in St.
Croix, USVI during the event for seven
hours on December 14, 2019 and thus is
limited in time and scope. Although
persons and vessels who are not
participating in the event will not be
able to enter, transit through, anchor in,
or remain within the regulated area
without authorization from the Captain
of the Port San Juan or a designated
representative, they may operate in the
surrounding area during the
enforcement period. Furthermore, the
rule will allow vessels to seek
permission to enter the regulated area.
Persons and vessels may still enter,
transit through, anchor in, or remain
within the regulated during the
enforcement period if authorized by the
Captain of the Port San Juan or a
designated representative. The Coast
Guard will issue a Local Notice to
Mariners and a Broadcast Notice to
Mariners, allowing mariners to make
alternative plans or seek permission to
transit the regulated area.
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 regulated
area 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
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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
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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
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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
special local regulation lasting only
seven hours that will prohibit entry
within the regulated area during the
boat parade and fireworks display. It is
categorically excluded from further
review under paragraphs L60(a) and L61
in Table 3–1 of the Department of
Homeland Security Directive 023–01. 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T799–0908 to read as
follows:
■
§ 100.T799–0908 Special Local Regulation;
Christmas Boat Parade, Christiansted
Harbor, St. Croix, USVI.
(a) Location. The following area is a
special local regulation. Christiansted
Harbor, 200 yards off-shore surrounding
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67377
Protestant Cay, St. Croix, USVI, from
surface to bottom, beginning in position
17°45′3″ N, 064°42′10″ W, around the
cay and back to the beginning position.
During the fireworks display an
exclusion zone of 700 feet is established
around the deck barges at approximate
position 17°45′3″ N, 064°42′10″ W. All
coordinates are North American Datum
1983.
(b) Definitions. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, State, and local
officers designated by or assisting the
Captain of the Port San Juan in the
enforcement of the regulated areas.
(c) Regulations. (1) Except for those
persons and vessels participating in boat
parade or enforcing the special local
regulation, all persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, remain within the regulated
area by contacting the Captain of the
Port San Juan by telephone at (787) 289–
2041, or a designated representative via
VHF radio on channel 16. Those in the
regulated area must comply with all
lawful orders or directions given to
them by the Captain of the Port or a
designated representative.
(3) 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 4 p.m. until 11
p.m. on December 14, 2019.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. 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.
4. Add § 165.T07–0908 to read as
follows:
■
§ 165.T07–0908 Safety Zone; Christmas
Boat Parade Fireworks Display,
Christiansted Harbor, St. Croix, USVI.
(a) Location. A safety zone is
established approximately 700 feet
around the deck barges at approximate
position 17°45′3″ N, 064°42′10″ W. All
coordinates are North American Datum
1983.
(b) Definitions. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
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Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, State, and local
officers designated by or assisting the
Captain of the Port San Juan in the
enforcement of the regulated areas.
(c) Regulations. (1) Except for those
persons and vessels participating in boat
parade or enforcing the special local
regulation, all persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, remain within the regulated
area by contacting the Captain of the
Port San Juan by telephone at (787) 289–
2041, or a designated representative via
VHF radio on channel 16. Those in the
regulated area must comply with all
lawful orders or directions given to
them by the Captain of the Port or a
designated representative.
(3) 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 4 p.m. until 11
p.m. on December 14, 2019.
Dated: December 5, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2019–26584 Filed 12–9–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
SUPPLEMENTARY INFORMATION:
[EPA–R04–OAR–2019–0171; FRL–10002–
97–Region 4]
Air Plan Approval; Tennessee: Knox
County Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving several
Tennessee State Implementation Plan
(SIP) revisions submitted by the
Tennessee Department of Environment
and Conservation (TDEC), on behalf of
Knox County’s Air Quality Management
Division by a letter dated May 24, 2018.
The submissions revise four sections of
Knox County’s Air Quality Management
Regulations covering definitions,
opening burning, permits and emissions
reporting requirements. These actions
are being approved pursuant to the
Clean Air Act (CAA or Act).
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SUMMARY:
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This rule will be effective
January 9, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0171. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9043. Mr. Lakeman can also be reached
via electronic mail at lakeman.sean@
epa.gov.
DATES:
I. Background
In a letter dated May 24, 2018, TDEC
submitted SIP revisions to EPA for
approval into the Knox County portion
of the Tennessee SIP.1 Specifically, the
May 24, 2018, SIP revisions include
changes to the following Knox County
SIP-approved regulations: Section
13.0—‘‘Definitions,’’ Section 16.0—
‘‘Open Burning,’’ Section 25.11—
‘‘Limiting a Source’s Potential to Emit of
VOC by Recordkeeping,’’ and Section
26.0—‘‘Monitoring, Recording, and
Reporting.’’ These revisions are
intended, in part, to conform Knox
County’s regulations with the State of
Tennessee’s SIP-approved regulations.
See EPA’s notice of proposed
rulemaking (NPRM) published on
October 22, 2019 (84 FR 56407) for
1 EPA notes that the Agency received the SIP
revision on May 29, 2018.
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further detail on the changes made in
the July 2, 2018, submission. Comments
were due on November 21, 2019, and
EPA received no adverse comments on
the NPRM. EPA is approving the
changes to four sections of Knox
County’s rules: Section 13.0—
‘‘Definitions,’’ Section 16.0—‘‘Open
Burning,’’ Section 25.11—‘‘Limiting a
Source’s Potential to Emit of VOC by
Recordkeeping,’’ and Section 26.0—
‘‘Monitoring, Recording, and Reporting’’
because these changes are consistent
with the CAA.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Knox County’s Air
Quality Management Regulations,
Section 13.0—‘‘Definitions,’’ state
effective January 24, 2018; Section
16.2—‘‘Definitions,’’ state effective
January 24, 2018; Section 25.11—
‘‘Limiting a Source’s Potential to Emit of
VOC by Recordkeeping,’’ state effective
October 18, 2017; and Section 26.7—
‘‘Emission Inventory Requirements,’’
state effective October 18, 2017. These
revisions are intended, in part, to
conform Knox County’s regulations with
the State of Tennessee’s SIP-approved
regulations. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.2
III. Final Action
EPA is approving the aforementioned
changes to the Knox County portion of
the Tennessee SIP submitted on May 24,
2018, that make revisions to Knox
County’s Air Quality Management
Regulations, Section 13.0—
‘‘Definitions,’’ Section 16.0—‘‘Open
Burning,’’ Section 25.11—‘‘Limiting a
Source’s Potential to Emit of VOC by
Recordkeeping,’’ and Section 26.0—
‘‘Monitoring, Recording, and
2 See
E:\FR\FM\10DER1.SGM
62 FR 27968 (May 22, 1997).
10DER1
]]>Agencies
[Federal Register Volume 84, Number 237 (Tuesday, December 10, 2019)]
[Rules and Regulations]
[Pages 67375-67378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26584]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG-2019-0908]
RIN 1625-AA08
Special Local Regulation; Temporary Change for Recurring Marine
Event in the Seventh Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the enforcement period
of a special local regulation for a recurring marine event in the
Seventh Coast Guard District and adding a temporary safety zone for
this event. These regulations apply to the St. Croix Christmas Boat
Parade and Fireworks Display in the vicinity of Protestant Cay in St.
Croix, USVI, which will take place this year on December 14, 2019. The
temporary special local regulation and temporary safety zone is needed
to protect personnel, vessels, and the marine environment from the boat
parade and fireworks display. Entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port San Juan.
DATES: This rule is effective on December 14, 2019, from 4 p.m. until
11 p.m.
[[Page 67376]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0908 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Pedro Mendoza, Sector San Juan
Prevention Department, Waterways Management Division, U.S. Coast Guard;
telephone 787-729-2374, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 the Coast Guard did not receive
notice of the marine event from involved parties with sufficient time
to publish a NPRM and to receive public comments prior to the event. It
is impracticable to publish an NPRM because the Coast Guard did not
receive notice of the alternate date of the boat parade and the
addition of a fireworks display until October 31, 2019, and the special
local regulation is needed for December 14, 2019. This action is
necessary for the protection of life and property on the navigable
waters of the United States. Therefore, it would be contrary to the
public interest to postpone temporarily amending this special local
regulation.
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 impracticable because immediate action is needed to
respond to the potential safety and security concerns associated with
power boat races.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 and 70041. The Captain of the Port San Juan (COTP) has determined
that potential hazards associated with the boat parade and fireworks
display on December 14, 2019, will be a safety concern for anyone
within the vicinity of the event. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
of Christiansted Harbor in the vicinity of Protestant Cay in St. Croix,
USVI.
IV. Discussion of the Rule
This rule temporarily changes the date of the Christmas Boat Parade
in St. Croix, USVI and adds a fireworks display to the event
description. The special local regulation is from 4:00 p.m. until 11:00
p.m. on December 14, 2019. The temporary special local regulation will
cover all navigable waters of Christiansted Harbor approximately 200
yards from Protestant Cay. During the fireworks display, an exclusion
zone of 700 feet will be established around the deck barges at
approximate position 17[deg]45'3'' N, 064[deg]42'10'' W. The duration
of the temporary special local regulation is intended to protect
personnel, vessels, and the marine environment in these navigable
waters during the boat parade and fireworks display. No vessel or
person, other than the event participants, will be permitted to enter
the regulated area 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 expected size,
location and available exceptions to the enforcement of the special
local regulation and safety zone. The regulated area will impact a
small designated area of Christiansted Harbor in the vicinity of
Protestant Cay in St. Croix, USVI during the event for seven hours on
December 14, 2019 and thus is limited in time and scope. Although
persons and vessels who are not participating in the event will not be
able to enter, transit through, anchor in, or remain within the
regulated area without authorization from the Captain of the Port San
Juan or a designated representative, they may operate in the
surrounding area during the enforcement period. Furthermore, the rule
will allow vessels to seek permission to enter the regulated area.
Persons and vessels may still enter, transit through, anchor in, or
remain within the regulated during the enforcement period if authorized
by the Captain of the Port San Juan or a designated representative. The
Coast Guard will issue a Local Notice to Mariners and a Broadcast
Notice to Mariners, allowing mariners to make alternative plans or seek
permission to transit the regulated area.
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
regulated area 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
[[Page 67377]]
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 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 special local regulation lasting only
seven hours that will prohibit entry within the regulated area during
the boat parade and fireworks display. It is categorically excluded
from further review under paragraphs L60(a) and L61 in Table 3-1 of the
Department of Homeland Security Directive 023-01. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T799-0908 to read as follows:
Sec. 100.T799-0908 Special Local Regulation; Christmas Boat Parade,
Christiansted Harbor, St. Croix, USVI.
(a) Location. The following area is a special local regulation.
Christiansted Harbor, 200 yards off-shore surrounding Protestant Cay,
St. Croix, USVI, from surface to bottom, beginning in position
17[deg]45'3'' N, 064[deg]42'10'' W, around the cay and back to the
beginning position. During the fireworks display an exclusion zone of
700 feet is established around the deck barges at approximate position
17[deg]45'3'' N, 064[deg]42'10'' W. All coordinates are North American
Datum 1983.
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, State, and local officers designated by or assisting the
Captain of the Port San Juan in the enforcement of the regulated areas.
(c) Regulations. (1) Except for those persons and vessels
participating in boat parade or enforcing the special local regulation,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16. Those in the
regulated area must comply with all lawful orders or directions given
to them by the Captain of the Port or a designated representative.
(3) 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 4 p.m.
until 11 p.m. on December 14, 2019.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. 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
4. Add Sec. 165.T07-0908 to read as follows:
Sec. 165.T07-0908 Safety Zone; Christmas Boat Parade Fireworks
Display, Christiansted Harbor, St. Croix, USVI.
(a) Location. A safety zone is established approximately 700 feet
around the deck barges at approximate position 17[deg]45'3'' N,
064[deg]42'10'' W. All coordinates are North American Datum 1983.
(b) Definitions. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast
[[Page 67378]]
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, State, and local officers designated by or
assisting the Captain of the Port San Juan in the enforcement of the
regulated areas.
(c) Regulations. (1) Except for those persons and vessels
participating in boat parade or enforcing the special local regulation,
all persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the regulated area.
(2) Persons and vessels may request authorization to enter, transit
through, anchor in, remain within the regulated area by contacting the
Captain of the Port San Juan by telephone at (787) 289-2041, or a
designated representative via VHF radio on channel 16. Those in the
regulated area must comply with all lawful orders or directions given
to them by the Captain of the Port or a designated representative.
(3) 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 4 p.m.
until 11 p.m. on December 14, 2019.
Dated: December 5, 2019.
E. P. King,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2019-26584 Filed 12-9-19; 8:45 am]
BILLING CODE 9110-04-P
