Security Zone; San Diego Bay, San Diego, CA, 69326-69328 [2019-27353]
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
stock has a basis of $10x and a fair market
value of $30x. C then merges into R in a
reorganization under section 368(a)(1)(D).
Immediately after the merger, X owns all of
the R stock. As part of the same Plan, Z
acquires 51% of the stock of R from X.
(ii) Analysis—(A) R is a Successor of C.
Under paragraph (c)(2)(i) of this section, R is
a Successor of C because, after the
Distribution, C transfers property to R in a
Section 381 Transaction.
(B) Planned 50-percent Acquisition of C.
Under paragraph (d)(2) of this section, Z’s
acquisition of stock of R is treated as an
acquisition of stock of C. Therefore, Z is
treated as acquiring 51% of the stock of C.
Accordingly, there has been a Planned 50percent Acquisition of C.
(C) Gain not limited. Section 355(e) applies
to the Distribution because there has been a
Planned 50-percent Acquisition of C. Neither
the POD Gain Limitation Rule nor the
Distributing Gain Limitation Rule applies
because there has been no Planned 50percent Acquisition of a Predecessor of D,
and no Planned 50-percent Acquisition of D.
Therefore, D recognizes $20x of gain ($30x
fair market value minus $10x basis of the C
stock held by D) under section 355(c)(2).
(10) Example 10: Multiple Successors—(i)
Facts. X owns 100% of the stock of both D
and R. Y owns 100% of the stock of S. The
following steps occur as part of a Plan: D
distributes all of the C stock to X.
Immediately after the Distribution, D merges
into R in a reorganization under section
368(a)(1)(A) (D–R merger). Following the D–
R merger, R merges into S in a reorganization
under section 368(a)(1)(A) (R–S merger).
Immediately after the R–S merger, X and Y
own 10% and 90%, respectively, of the S
stock. Immediately before the Distribution,
D’s C stock has a basis of $10x and a fair
market value of $30x.
(ii) Analysis—(A) R and S are Successors
of D. Under paragraph (c)(2)(i) of this section,
R is a Successor of D because, after the
Distribution, D transfers property to R in a
Section 381 Transaction. Under paragraph
(c)(2)(ii) of this section, S is also a Successor
of D because R (a Successor of D) transfers
property to S in a Section 381 Transaction.
(B) Planned 50-percent Acquisition of D.
Under paragraph (d)(1)(i) of this section,
there is no deemed acquisition of D stock as
a result of the D–R merger because X wholly
owns the stock of D before the merger and
wholly owns the stock of R after the merger.
Under paragraph (d)(1)(i) of this section, Y is
treated as acquiring stock representing 90%
of the voting power and value of R (a
Successor of D) as a result of the R–S merger.
Under paragraph (d)(2) of this section, an
acquisition of R stock is also treated as an
acquisition of D stock. Accordingly, there has
been a Planned 50-percent Acquisition of D.
(C) Gain not limited. Section 355(e) applies
to the Distribution because there has been a
Planned 50-percent Acquisition of D. The
POD Gain Limitation Rule does not apply
because there has been no Planned 50percent Acquisition of a Predecessor of D.
The Distributing Gain Limitation Rule
applies because there has been a Planned 50percent Acquisition of D. However, the gain
limitation under the Distributing Gain
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Limitation Rule equals the Statutory
Recognition Amount, because there is no
Predecessor of D (and thus no Separated
Property). Therefore, D recognizes $20x of
gain ($30x fair market value minus $10x
basis of the C stock held by D) under section
355(c)(2).
(i) Applicability date. This section
applies to Distributions occurring after
December 15, 2019. For Distributions
occurring on or before December 15,
2019, see § 1.355–8T as contained in 26
CFR part 1 revised as of April 1, 2019.
Douglas W. O’Donnell,
Acting Deputy Commissioner for Services and
Enforcement.
Approved: December 9, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–27110 Filed 12–16–19; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0953]
RIN 1625–AA87
Security Zone; San Diego Bay, San
Diego, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
for all navigable waters within a 100yard radius of berth four at the 10th
Avenue Marine Terminal in San Diego,
CA during the offload of narcotics from
a military vessel. The security zone is
needed to protect the military vessel
and vessel’s personnel. Entry of vessels
or persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port San Diego.
DATES: This rule is effective from 7 a.m.
until noon on December 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0953 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 Briana Biagas,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
SUMMARY:
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619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 it is
impractical. This urgent security zone is
required to protect the military vessel,
the surrounding waterway and the 10th
Avenue Marine Terminal. It is
impracticable to publish an NPRM
because we must establish this security
zone by December 18, 2019 and 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 public
interest because immediate action is
needed to provide the security of the
military vessel and the waterways and
structures nearby.
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 San Diego
(COTP) has determined that the
presence of the military vessel loaded
with narcotics presents a potential target
for terrorist attack, sabotage, or other
subversive acts, accidents, or other
causes of similar nature. This rule is
needed to protect military personnel,
the public and the navigable waters in
the vicinity of the 10th Avenue Marine
Terminal.
IV. Discussion of the Rule
This rule establishes a security zone
from 7 a.m. until noon on December 18,
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Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
2019. The security zone will cover all
navigable waters within a 100-yards
radius around the military vessel
moored at berth four of the 10th Avenue
Marine Terminal located at 32°41′56.6″
N and 117°9′31.9″ W. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
while the vessel’s personnel are
offloading narcotics. No vessel or person
will be permitted to enter the security
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 and
limited duration of the security zone.
This zone impacts a small designated
area of the San Diego bay for a very
limited period. Furthermore, vessel
traffic can safely transit around the
security zone.
khammond on DSKJM1Z7X2PROD with RULES
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.
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While some owners or operators of
vessels intending to transit the security
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
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
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69327
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, Rev. 1, associated
implementing instructions, 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
establishment of a security zone lasting
only 5 hours on the navigable waters of
San Diego Bay. 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. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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
Regulated navigation and limited
access areas.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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69328
Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
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.
§ 165.T11–013 Security Zone; San Diego
Bay; San Diego, CA.
(a) Location. The following area is a
security zone: All navigable waters of
San Diego Bay within a 100-yards radius
around the military vessel moored at
berth four of the 10th Avenue Marine
Terminal located at 32°41′56.6″ N and
117°9′31.9″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector San Diego (COTP) in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, you may not enter the security
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Chnnel 16. Those
in the security zone must comply with
all lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement. This section will be
enforced from 7 a.m. until noon on
December 18, 2019.
[FR Doc. 2019–27353 Filed 12–17–19; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
BILLING CODE 9110–04–P
[Docket Number USCG–2019–0838]
RIN 1625–AA00
Temporary Safety Zone for Explosive
Dredging; Tongass Narrows,
Ketchikan, AK
2. Add § 165.T11–013 to read as
follows:
■
Dated: December 12, 2019.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
33 CFR Part 165
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Tongass Narrows.
This action is necessary to provide for
the safety of life on all navigable waters
of the Tongass Narrows, from shoreline
to shoreline, within a 500-yard radius of
the Pinnacle Rock before, during, and
after the scheduled operation between
December 16, 2019 and January 31,
2020. This temporary final rule
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Southeast Alaska or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from December 18, 2019
through January 31, 2020. For the
purposes of enforcement, actual notice
will be used from December 16, 2019
through December 18, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0838 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 LT Jesse Collins, Sector Juneau
Waterways Management Division, U.S.
Coast Guard; telephone 907–463–2846,
email Jesse.O.Collins@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Southeast Alaska
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
Contract Drilling & Blasting LLC
notified the Coast Guard that it will be
conducting explosive dredging from 30
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15:51 Dec 17, 2019
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minutes after sunrise to one hour before
sunset between December 16, 2019 and
January 31, 2020. The operation will
take place approximately 300 yards
southwest of Berth II in Ketchikan, AK.
Hazards from explosive dredging
include concussive forces. The COTP
has determined that potential hazards
associated with the explosives to be
used in this operation would be a safety
concern for anyone above the water’s
surface within a 500-yard radius of
Pinnacle Rock (located at approximately
latitude 55°20′37″ N, longitude
131°38′96″ W).
In response, on November 22, 2019,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
‘‘Temporary Safety Zone for Explosive
Dredging, Tongass Narrows, Ketchikan,
AK’’ (84 FR 64445). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this safety zone. During
the comment period that ended
December 9, 2019, we received eight
comments.
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
protect the public from the potential
safety hazards associated with the
explosive dredging operation, which is
scheduled to begin on December 16,
2019.
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 COTP
has determined that potential hazards
associated with the explosives to be
used in this operation would be a safety
concern for anyone above the water’s
surface within a 500-yard radius of
Pinnacle Rock (located at approximately
latitude 55°20′37″ N, longitude
131°38′96″ W). The purpose of this
rulemaking is to ensure the safety of
vessels and the navigable waters of the
Tongass Narrows, from shoreline to
shoreline, within a 500-yard radius of
Pinnacle Rock before, during, and after
the scheduled operation December 16,
2019 and January 31, 2020.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received eight
comments on our NPRM published on
November 22, 2019. Five comments
were supportive. Three comments
raised concerns regarding the
operation’s affect on marine wildlife.
We considered these comments and
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]]>Agencies
[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Rules and Regulations]
[Pages 69326-69328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27353]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0953]
RIN 1625-AA87
Security Zone; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
all navigable waters within a 100-yard radius of berth four at the 10th
Avenue Marine Terminal in San Diego, CA during the offload of narcotics
from a military vessel. The security zone is needed to protect the
military vessel and vessel's personnel. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port San Diego.
DATES: This rule is effective from 7 a.m. until noon on December 18,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0953 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 Briana Biagas, Waterways Management, U.S.
Coast Guard Sector San Diego, CA; telephone 619-278-7656, 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 it is impractical. This urgent
security zone is required to protect the military vessel, the
surrounding waterway and the 10th Avenue Marine Terminal. It is
impracticable to publish an NPRM because we must establish this
security zone by December 18, 2019 and 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 public interest because immediate action
is needed to provide the security of the military vessel and the
waterways and structures nearby.
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 San
Diego (COTP) has determined that the presence of the military vessel
loaded with narcotics presents a potential target for terrorist attack,
sabotage, or other subversive acts, accidents, or other causes of
similar nature. This rule is needed to protect military personnel, the
public and the navigable waters in the vicinity of the 10th Avenue
Marine Terminal.
IV. Discussion of the Rule
This rule establishes a security zone from 7 a.m. until noon on
December 18,
[[Page 69327]]
2019. The security zone will cover all navigable waters within a 100-
yards radius around the military vessel moored at berth four of the
10th Avenue Marine Terminal located at 32[deg]41'56.6'' N and
117[deg]9'31.9'' W. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the vessel's personnel are offloading narcotics. No vessel
or person will be permitted to enter the security 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
and limited duration of the security zone. This zone impacts a small
designated area of the San Diego bay for a very limited period.
Furthermore, vessel traffic can safely transit around the security
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
security 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 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, Rev. 1, associated implementing instructions, 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
establishment of a security zone lasting only 5 hours on the navigable
waters of San Diego Bay. 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. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
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
Regulated navigation and limited access areas.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
[[Page 69328]]
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.T11-013 to read as follows:
Sec. 165.T11-013 Security Zone; San Diego Bay; San Diego, CA.
(a) Location. The following area is a security zone: All navigable
waters of San Diego Bay within a 100-yards radius around the military
vessel moored at berth four of the 10th Avenue Marine Terminal located
at 32[deg]41'56.6'' N and 117[deg]9'31.9'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector San Diego (COTP) in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Chnnel 16. Those in the security zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
(d) Enforcement. This section will be enforced from 7 a.m. until
noon on December 18, 2019.
Dated: December 12, 2019.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2019-27353 Filed 12-17-19; 8:45 am]
BILLING CODE 9110-04-P
