Safety Zone; Pacific Ocean, Hilo Harbor, HI-Lightering Operations, 16267-16270 [2020-05739]

Download as PDF Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES RFA class exemption with respect to the Class IV RFAs (in this case, inventory) are satisfied if the absolute value of the sum of the basis differences with respect to the Class IV RFAs is less than the threshold of $2 million, the greater of $2 million or $1.5 million (10% of the total U.S. basis of Class IV RFAs of $15 million (15 million u translated into dollars at the exchange rate of $1 = 1u)). In this case, the absolute value of the sum of the basis differences is $1 million (1 million u translated into dollars at the exchange rate of $1 = 1 u). Because the sum of the basis differences of $1 million is less than the threshold of $2 million, the requirements of the RFA class exemption are satisfied. Accordingly, the basis differences with respect to the Class IV RFAs are not taken into account under section 901(m). (D) The requirements of the RFA class exemption with respect to the Class V RFAs (in this case, buildings) is satisfied if the absolute value of the sum of the basis differences with respect to the Class V RFAs is less than the threshold of $3 million, the greater of $2 million or $3 million (10% of the total U.S. basis of Class V RFAs of $30 million (30 million u translated into dollars at the exchange rate of $1 = 1u)). In this case, the absolute value of the sum of the basis differences is $11 million (11 million u translated into dollars at the exchange rate of $1 = 1 u). Because the sum of the basis differences of $11 million is not less than the threshold of $3 million, the requirements of the RFA class exemption are not satisfied. Finally, because the absolute value with respect to each RFA is greater than $20,000, the RFA exemption does not apply. Accordingly, the basis differences with respect to the Class V RFAs are taken into account under section 901(m). (E) The Class I RFAs (in this case, cash) are irrelevant because there are no basis differences with respect to those RFAs. (g) Applicability dates. This section applies to CAAs occurring on or after March 23, 2020. Taxpayers may, however, choose to apply this section before the date this section is applicable provided that they (along with any persons that are related (within the meaning of section 267(b) or 707(b)) to the taxpayer)— (1) Consistently apply this section, § 1.704–1(b)(4)(viii)(c)(4)(v) through (vii), § 1.901(m)–1, §§ 1.901(m)–3 through 1.901(m)–6 (excluding § 1.901(m)–4(e)), and § 1.901(m)–8 to all CAAs occurring on or after January 1, 2011, and consistently apply § 1.901(m)–2 (excluding § 1.901(m)– 2(d)) to all CAAs occurring on or after December 7, 2016, on any original or amended tax return for each taxable year for which the application of the provisions listed in this paragraph (g)(1) affects the tax liability and for which the statute of limitations does not preclude assessment or the filing of a claim for refund, as applicable; (2) File all tax returns described in paragraph (g)(1) of this section for any VerDate Sep<11>2014 16:09 Mar 20, 2020 Jkt 250001 taxable year ending on or before March 23, 2020, no later than March 23, 2021; and (3) Make appropriate adjustments to take into account deficiencies that would have resulted from the consistent application under paragraph (g)(1) of this section for taxable years that are not open for assessment. § 1.901(m)–7T [Removed] Par. 16. Section 1.901(m)–7T is removed. ■ Par. 17. Section 1.901(m)–8 is added to read as follows: ■ § 1.901(m)–8 Miscellaneous. (a) In general. This section provides guidance on other matters under section 901(m). Paragraph (b) of this section provides guidance on the application of section 901(m) to pre-1987 foreign income taxes. Paragraph (c) of this section provides anti-abuse rules relating to built-in loss assets. Paragraph (d) of this section provides guidance on the interaction of section 901(m) and section 909. Paragraph (e) of this section provides applicability dates. (b) Application of section 901(m) to pre-1987 foreign income taxes. Section 901(m) and §§ 1.901(m)–1 through 1.901–8 apply to pre-1987 foreign income taxes (as defined in § 1.902– 1(a)(10)(iii)) of an applicable foreign corporation. (c) Anti-abuse rule for built-in loss RFAs. A basis difference with respect to an RFA described in section 901(m)(3)(C)(ii) (built-in loss RFA) will not be taken into account for purposes of computing an allocated basis difference for a U.S. taxable year of a section 901(m) payor if any RFA, including an RFA other than built-in loss RFAs, is acquired with a principal purpose of using one or more built-in loss RFAs to avoid the application of section 901(m). Furthermore, a basis difference with respect to a built-in loss RFA will not be taken into account for purposes of the cumulative basis difference exemption or the RFA class exemption under § 1.901(m)–7 if any RFAs, including RFAs other than builtin loss RFAs, are acquired with a principal purpose of avoiding the application of section 901(m). (d) Interaction with section 909. The amount of a foreign income tax that is disqualified under section 901(m) is determined before applying section 909. However, section 909 may apply to suspend a deduction for the amount of a foreign income tax that is disqualified under section 901(m). (e) Applicability dates. This section applies to CAAs occurring on or after March 23, 2020. Taxpayers may, PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 16267 however, choose to apply this section before the date this section is applicable provided that they (along with any persons that are related (within the meaning of section 267(b) or 707(b)) to the taxpayer)— (1) Consistently apply this section, § 1.704–1(b)(4)(viii)(c)(4)(v) through (vii), § 1.901(m)–1, and §§ 1.901(m)–3 through 1.901(m)–7 (excluding § 1.901(m)–4(e)) to all CAAs occurring on or after January 1, 2011, and consistently apply § 1.901(m)–2 (excluding § 1.901(m)–2(d)) to all CAAs occurring on or after December 7, 2016, on any original or amended tax return for each taxable year for which the application of the provisions listed in this paragraph (e)(1) affects the tax liability and for which the statute of limitations does not preclude assessment or the filing of a claim for refund, as applicable; (2) File all tax returns described in paragraph (e)(1) of this section for any taxable year ending on or before March 23, 2020, no later than March 23, 2021; and (3) Make appropriate adjustments to take into account deficiencies that would have resulted from the consistent application under paragraph (e)(2) of this section for taxable years that are not open for assessment. § 1.901(m)–8T [Removed] Par. 18. Section 1.901(m)–8T is removed. ■ Sunita Lough, Deputy Commissioner for Services and Enforcement. Approved: February 13, 2020. David J. Kautter, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2020–05551 Filed 3–20–20; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0167] RIN 1625–AA00 Safety Zone; Pacific Ocean, Hilo Harbor, HI—Lightering Operations Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for the navigable waters of Hilo Harbor, SUMMARY: E:\FR\FM\23MRR1.SGM 23MRR1 16268 Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations Hawaii. The safety zone is needed to protect personnel, vessels and the marine environment from potential hazards associated with ongoing lightering operations of the vessel MIDWAY ISLAND grounded along the northwest side of Hilo Harbor, particularly through helicopter to shore hoisting ops and swimmers in the water. The USCG is overseeing contractor lightering ops to mitigate the pollution threat from the vessel in this area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Honolulu. DATES: This rule is effective without actual notice from March 23, 2020 until 8 p.m. on April 10, 2020. For the purposes of enforcement, actual notice will be used from March 12, 2020 through March 23, 2020. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG– USCG–2020–0167 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 Chief Jason R. Olney, Waterways Management Division, U.S. Coast Guard; telephone 808–522–8265, email Jason.R.Olney@uscg.mil. SUPPLEMENTARY INFORMATION: 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 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. On February 3, 2020, the Coast Guard was informed of a vessel that ran aground along the northwest side of Hilo Harbor, Hawaii. The Coast Guard COTP Sector Honolulu has determined that potential hazards associated with the lightering operations constitute a safety concern for anyone within the designated safety zone. This rule is necessary to protect personnel, vessels, and the marine environment within the navigable waters of the safety zone during ongoing salvage operations. II. Background Information and Regulatory History On February 6, 2020, a temporary final rule [USCG–2020–0113; 85 FR 8175 (Feb. 13, 2020)] was issued to establish a safety zone around the grounded vessel MIDWAY ISLAND. That rule expired at 8 p.m. on February 12, 2020. An additional temporary final rule [USCG–2020–0121; 85 FR 10981 (Feb. 26, 2020)] was issued on February 12, 2020 to maintain the safety zone around the grounded vessel. That rule expired at 8 p.m. on March 12, 2020. The Coast Guard is issuing this rule to establish the temporary safety zone so the lightering operations can continue. 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 IV. Discussion of the Rule This rule establishes a safety zone from March 12, 2020 through 8 p.m. April 10, 2020 or until the lightering operations are complete, whichever is earlier. If the safety zone is terminated prior to 8 p.m. on April 10, 2020, the Coast Guard will provide notice via a broadcast notice to mariners. The temporary safety zone encompasses all waters extending 100 yards in all directions around the location of ongoing lightering operations near position: 19°44′41.17″ N; 155°05′24.23″ W. This zone extends from the surface of the water to the ocean floor. The zone is intended to protect personnel, vessels, and the marine environment in these navigable waters from potential hazards associated with the lightering operations of a vessel aground in this area. No vessel or person will be permitted to enter the I. Table of Abbreviations jbell on DSKJLSW7X2PROD with RULES 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 immediate action is needed to respond to the potential safety hazards associated with this lightering operation, and therefore publishing an NPRM is impracticable and contrary to public interest. 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 would be contrary to the rule’s objectives of responding to potential safety hazards associated with the lightering operations and protecting personnel, vessels, and the marine environment within the navigable waters of the safety zone. VerDate Sep<11>2014 16:09 Mar 20, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 safety zone absent the express authorization of the COTP or his 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 anticipated short duration of the lightering operations and the need to protect personnel, vessels and the marine environment in these navigable waters from potential hazards associated with the lightering operations of the vessel aground in this area. Moreover, the Coast Guard will issue a broadcast notice to mariners on marine channel 16 about the safety zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zones 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), E:\FR\FM\23MRR1.SGM 23MRR1 Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations 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). jbell on DSKJLSW7X2PROD with RULES 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. 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 VerDate Sep<11>2014 16:09 Mar 20, 2020 Jkt 250001 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 a safety zone lasting 29 days that will prohibit entry into the area during lightering efforts. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. 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 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0167 to read as follows: ■ PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 16269 § 165.T14–0167 Safety Zone; Pacific Ocean, Hilo Harbor, HI—Lightering Operations. (a) Location. The safety zone is located within the Captain of the Port (COTP) Honolulu Zone (See 33 CFR 3.70–10) and will encompass all navigable waters extending 100 yards in all directions from position: 19°44′41.17″ N; 155°05′24.23″ W. This zone extends from the surface of the water to the ocean floor. (b) Regulations. The general regulations governing safety zones contained in § 165.23 apply to the safety zone described in paragraph (a) of this section. (1) All persons are required to comply with the general regulations governing safety zones found in this part. (2) Entry into or remaining in this zone is prohibited unless expressly authorized by the COTP or his designated representative. (3) Persons desiring to transit the safety zone identified in paragraph (a) of this section may contact the COTP at the Command Center telephone number (808) 842–2600 and (808) 842–2601, fax (808) 842–2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit the zone. If permission is granted, all persons and vessels must comply with the instructions of the COTP or his designated representative and proceed at the minimum speed necessary to maintain a safe course while in the zone. (4) The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (c) Notice of enforcement. The COTP Honolulu will cause Notice of the Enforcement of these safety zones described in this section to be made by Broadcast to the maritime community via marine safety broadcast notice to mariners on VHF channel 16 (156.8 MHz). (d) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the COTP to assist in enforcing the safety zone described in paragraph (a) of this section. (e) Enforcement period. This section will be enforced from March 12, 2020, through 8 p.m. on April 10, 2020. If the safety zone is terminated prior to 8 p.m. on April 10, 2020, the Coast Guard will provide notice via a broadcast notice to mariners. E:\FR\FM\23MRR1.SGM 23MRR1 16270 Federal Register / Vol. 85, No. 56 / Monday, March 23, 2020 / Rules and Regulations Dated: March 12, 2020. A.B. Avanni, Captain, U.S. Coast Guard, Captain of the Port Honolulu. Register. Since we received a relevant adverse comment, we are withdrawing the direct final rule and will address the comment in a subsequent final rulemaking. [FR Doc. 2020–05739 Filed 3–20–20; 8:45 am] BILLING CODE 9110–04–P List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Waste treatment and disposal. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R06–OAR–2011–0513; FRL–10006– 30–Region 6] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; New Mexico and Albuquerque-Bernalillo County, New Mexico; Control of Emissions From Existing Other Solid Waste Incineration Units Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: The Environmental Protection Agency (EPA) is withdrawing a direct final rule published on January 15, 2020, because a relevant adverse comment was received. The rule would have amended EPA regulations to notify the public of Clean Air Act (CAA) section 111(d)/129 negative declarations from New Mexico and AlbuquerqueBernalillo County, New Mexico for existing Other Solid Waste Incineration (OSWI) units. The EPA will address the comment received in a subsequent final rulemaking. DATES: The direct final rule published on January 15, 2020 (85 FR 2316), is withdrawn effective March 23, 2020. FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, (214) 665–7346, ruan-lei.karolina@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. On January 15, 2020, we published a direct final rule notifying the public that we had received CAA section 111(d)/129 negative declarations from New Mexico and Albuquerque-Bernalillo County for existing OSWI units (85 FR 2316). These negative declarations certify that existing OSWI units subject to the requirements of sections 111(d) and 129 of the CAA do not exist within the specified jurisdictions in New Mexico. The direct final rule was published without prior proposal because we anticipated no adverse comments. We stated in the direct final rule that if we received relevant adverse comments by February 14, 2020, we would publish a timely withdrawal in the Federal jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:09 Mar 20, 2020 Jkt 250001 Dated: March 13, 2020. Kenley McQueen, Regional Administrator, Region 6. Accordingly, the amendments to 40 CFR part 62 published in the Federal Register on January 15, 2020 (85 FR 2316), which were to become effective on April 14, 2020, are withdrawn. ■ [FR Doc. 2020–05776 Filed 3–20–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2020–0002] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). SUMMARY: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. FEMA included flood hazard mapping data dissemination determinations as part of the NFIP Nationwide Programmatic Environmental Impact Statement, published on November 3, 2017, and completed in accordance with the Council on Environmental Quality’s National Environmental Policy Act implementing regulations in 40 CFR 1500–1508 and therefore has determined that this action will not have a significant effect on the human environment. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. SUPPLEMENTARY INFORMATION: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS DATES: Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646–7659, or (email) patrick.sacbibit@fema.dhs.gov; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_ main.html. E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

[Federal Register Volume 85, Number 56 (Monday, March 23, 2020)]
[Rules and Regulations]
[Pages 16267-16270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05739]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0167]
RIN 1625-AA00


Safety Zone; Pacific Ocean, Hilo Harbor, HI--Lightering 
Operations

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of Hilo Harbor,

[[Page 16268]]

Hawaii. The safety zone is needed to protect personnel, vessels and the 
marine environment from potential hazards associated with ongoing 
lightering operations of the vessel MIDWAY ISLAND grounded along the 
northwest side of Hilo Harbor, particularly through helicopter to shore 
hoisting ops and swimmers in the water. The USCG is overseeing 
contractor lightering ops to mitigate the pollution threat from the 
vessel in this area. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Honolulu.

DATES: This rule is effective without actual notice from March 23, 2020 
until 8 p.m. on April 10, 2020. For the purposes of enforcement, actual 
notice will be used from March 12, 2020 through March 23, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG- 
USCG-2020-0167 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 Chief Jason R. Olney, Waterways Management Division, U.S. 
Coast Guard; telephone 808-522-8265, 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

    On February 6, 2020, a temporary final rule [USCG-2020-0113; 85 FR 
8175 (Feb. 13, 2020)] was issued to establish a safety zone around the 
grounded vessel MIDWAY ISLAND. That rule expired at 8 p.m. on February 
12, 2020. An additional temporary final rule [USCG-2020-0121; 85 FR 
10981 (Feb. 26, 2020)] was issued on February 12, 2020 to maintain the 
safety zone around the grounded vessel. That rule expired at 8 p.m. on 
March 12, 2020. The Coast Guard is issuing this rule to establish the 
temporary safety zone so the lightering operations can continue.
    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 immediate action is needed to respond 
to the potential safety hazards associated with this lightering 
operation, and therefore publishing an NPRM is impracticable and 
contrary to public interest.
    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 would 
be contrary to the rule's objectives of responding to potential safety 
hazards associated with the lightering operations and protecting 
personnel, vessels, and the marine environment within the navigable 
waters of the safety zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. On February 3, 2020, the Coast Guard was informed of a vessel 
that ran aground along the northwest side of Hilo Harbor, Hawaii. The 
Coast Guard COTP Sector Honolulu has determined that potential hazards 
associated with the lightering operations constitute a safety concern 
for anyone within the designated safety zone. This rule is necessary to 
protect personnel, vessels, and the marine environment within the 
navigable waters of the safety zone during ongoing salvage operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from March 12, 2020 through 8 
p.m. April 10, 2020 or until the lightering operations are complete, 
whichever is earlier. If the safety zone is terminated prior to 8 p.m. 
on April 10, 2020, the Coast Guard will provide notice via a broadcast 
notice to mariners.
    The temporary safety zone encompasses all waters extending 100 
yards in all directions around the location of ongoing lightering 
operations near position: 19[deg]44'41.17'' N; 155[deg]05'24.23'' W. 
This zone extends from the surface of the water to the ocean floor. The 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters from potential hazards associated 
with the lightering operations of a vessel aground in this area. No 
vessel or person will be permitted to enter the safety zone absent the 
express authorization of the COTP or his 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 anticipated 
short duration of the lightering operations and the need to protect 
personnel, vessels and the marine environment in these navigable waters 
from potential hazards associated with the lightering operations of the 
vessel aground in this area. Moreover, the Coast Guard will issue a 
broadcast notice to mariners on marine channel 16 about the safety 
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zones 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),

[[Page 16269]]

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.

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 a 
safety zone lasting 29 days that will prohibit entry into the area 
during lightering efforts. It is categorically excluded from further 
review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. 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

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T14-0167 to read as follows:


Sec.  165.T14-0167  Safety Zone; Pacific Ocean, Hilo Harbor, HI--
Lightering Operations.

    (a) Location. The safety zone is located within the Captain of the 
Port (COTP) Honolulu Zone (See 33 CFR 3.70-10) and will encompass all 
navigable waters extending 100 yards in all directions from position: 
19[deg]44'41.17'' N; 155[deg]05'24.23'' W. This zone extends from the 
surface of the water to the ocean floor.
    (b) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply to the safety zone described in 
paragraph (a) of this section.
    (1) All persons are required to comply with the general regulations 
governing safety zones found in this part.
    (2) Entry into or remaining in this zone is prohibited unless 
expressly authorized by the COTP or his designated representative.
    (3) Persons desiring to transit the safety zone identified in 
paragraph (a) of this section may contact the COTP at the Command 
Center telephone number (808) 842-2600 and (808) 842-2601, fax (808) 
842-2642 or on VHF channel 16 (156.8 Mhz) to seek permission to transit 
the zone. If permission is granted, all persons and vessels must comply 
with the instructions of the COTP or his designated representative and 
proceed at the minimum speed necessary to maintain a safe course while 
in the zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.
    (c) Notice of enforcement. The COTP Honolulu will cause Notice of 
the Enforcement of these safety zones described in this section to be 
made by Broadcast to the maritime community via marine safety broadcast 
notice to mariners on VHF channel 16 (156.8 MHz).
    (d) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the COTP to assist in enforcing the safety zone 
described in paragraph (a) of this section.
    (e) Enforcement period. This section will be enforced from March 
12, 2020, through 8 p.m. on April 10, 2020. If the safety zone is 
terminated prior to 8 p.m. on April 10, 2020, the Coast Guard will 
provide notice via a broadcast notice to mariners.


[[Page 16270]]


    Dated: March 12, 2020.
A.B. Avanni,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2020-05739 Filed 3-20-20; 8:45 am]
 BILLING CODE 9110-04-P
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