Special Local Regulation; Ohio River, Owensboro, KY, 40612-40614 [2020-14407]
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40612
Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Proposed Rules
the calendar year following the year that
contains the date these regulations are
published as final regulations in the
Federal Register.
Special Analyses
This regulation is not subject to
review under section 6(b) of Executive
Order 12866 pursuant to the
Memorandum of Agreement (April 11,
2018) between the Treasury Department
and the Office of Management and
Budget regarding review of tax
regulations.
In accordance with the Regulatory
Flexibility Act (5 U.S.C. chapter 6) it is
hereby certified that these regulations
will not impose a significant economic
impact on a substantial number of small
entities. These regulations reinstate the
minimum compliance-monitoring
sampling requirement for purposes of
physical inspections and low-income
certification review previously provided
under the temporary regulations (T.D.
9753) published in the Federal Register
(81 FR 9333) on February 25, 2016.
These previously provided requirements
had been and continue to be relied upon
by Agencies since 2016.
Pursuant to section 7805(f) of the
Internal Revenue Code, these
regulations will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on their impact on small business.
jbell on DSKJLSW7X2PROD with PROPOSALS
Comments and Requests for a Public
Hearing
Before these proposed amendments to
the regulations are adopted as final
regulations, consideration will be given
to comments that are submitted timely
to the IRS as prescribed in the preamble
under the ADDRESSES section. The
Treasury Department and the IRS
request comments on all aspects of the
proposed regulations. Any electronic
comments submitted, and to the extent
practicable any paper comments
submitted, will be made available at
www.regulations.gov or upon request.
A public hearing will be scheduled if
requested in writing by any person who
timely submits electronic or written
comments. Requests for a public hearing
are also encouraged to be made
electronically. If a public hearing is
scheduled, notice of the date and time
for the public hearing will be published
in the Federal Register. Announcement
2020–4, 2020–17 IRB 1, provides that
until further notice, public hearings
conducted by the IRS will be held
telephonically. Any telephonic hearing
will be made accessible to people with
disabilities.
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Drafting Information
TABLE 1 TO PARAGRAPH (c)(2)(iii)—
Continued
The principal authors of these
regulations are Dillon Taylor and
Michael J. Torruella Costa, Office of the
Associate Chief Counsel (Passthroughs
and Special Industries). However, other
personnel from the Treasury
Department and the IRS participated in
their development.
Number of low-income
units in the low-income
housing project
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Amend § 1.42–5 by revising
paragraphs (c)(2)(iii)(B) and (h) to read
as follows:
■
§ 1.42–5 Monitoring compliance with lowincome housing credit requirements.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) * * *
(B) Number of low-income units. The
minimum number of low-income units
for which the Agency must conduct onsite inspections and low-income
certification review is the lesser of—
(1) 20 percent of the low-income units
in the low-income housing project,
rounded up to the nearest whole
number of units; or
(2) the Minimum Unit Sample Size set
forth in the following Low-Income
Housing Credit Minimum Unit Sample
Size Reference Chart:
TABLE 1 TO PARAGRAPH (c)(2)(iii)
Number of low-income
units in the low-income
housing project
PO 00000
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Fmt 4702
Sfmt 4702
17–18 ................................
19–21 ................................
22–25 ................................
26–29 ................................
30–34 ................................
35–40 ................................
41–47 ................................
48–56 ................................
57–67 ................................
68–81 ................................
82–101 ..............................
102–130 ............................
131–175 ............................
176–257 ............................
258–449 ............................
450–1,461 .........................
1,462–9,999 ......................
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
*
*
*
*
*
(h) Applicability dates. The
requirements in paragraph (c)(2)(iii)(B)
of this section apply beginning after the
date final regulations are published in
the Federal Register.
Douglas W. O’Donnell,
Acting Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2020–14555 Filed 7–2–20; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0348]
RIN 1625–AA08
Number of lowincome units
selected for
inspection or for
low-income
certification
review
(minimum unit
sample size)
1 ........................................
2 ........................................
3 ........................................
4 ........................................
5–6 ....................................
7 ........................................
8–9 ....................................
10–11 ................................
12–13 ................................
14–16 ................................
Number of lowincome units
selected for
inspection or for
low-income
certification
review
(minimum unit
sample size)
1
2
3
4
5
6
7
8
9
10
Special Local Regulation; Ohio River,
Owensboro, KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary special local
regulation for all navigable waters of the
Ohio River from mile marker (MM) 754
.0 to MM 759.0. This action is necessary
to provide for the safety of life on these
navigable waters near Owensboro, KY,
during a high speed boat race on August
14, 2020 through August 16, 2020. This
proposed rulemaking would prohibit
persons and vessels from being in the
regulated area unless authorized by the
SUMMARY:
E:\FR\FM\07JYP1.SGM
07JYP1
Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Proposed Rules
Captain of the Port Sector Ohio Valley
or a designated representative. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 22, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0348 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email MST2 Craig
Colton, Waterways Department Sector
Ohio Valley, U.S. Coast Guard;
telephone 502–779–5335, email
SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
jbell on DSKJLSW7X2PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
On January 13, 2020, the City of
Owensboro notified the Coast Guard
that it will be hosting a high speed boat
race called Owensboro HydroFair from
August 14, 2020, through August 16,
2020. The race will be located on the
Ohio River in front of the Owensboro
Convention Center between Mile Marker
(MM) 754 to MM 759. Hazards from
high speed boat races include collision,
mechanical breakdowns, disabled
vessels, capsized vessels, and persons in
the water. The Captain of the Port Sector
Ohio Valley (COTP) has determined that
potential hazards associated with the
high speed boat race would be a safety
concern for anyone on a 5 mile stretch
of the Ohio River.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters from MM 754 to MM
759 before, during, and after the
scheduled event. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation from noon to 6
p.m. on August 14, 2020, from 8 a.m. to
6 p.m. on August 15, 2020, and from 8
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16:12 Jul 06, 2020
Jkt 250001
a.m. to 6 p.m. on August 16, 2020. The
special local regulation would cover all
navigable waters from MM 754 to MM
759 on the Ohio River. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the scheduled
event. No vessel or person would be
permitted to enter the regulated area
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Entry into the regulated area
will be prohibited from noon to 6 p.m.
on August 14, 2020, from 8 a.m. to 6
p.m. on August 15, 2020, and from 8
a.m. to 6 p.m. on August 16, 2020, from
Ohio River MM 754.0 to MM 759.0,
unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a
designated representative. Moreover, the
Coast Guard will issue written Local
Notice to Mariners and Broadcast Notice
to Mariners via VHF–FM marine
channel 16 about the temporary special
local regulation that is in place.
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
PO 00000
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Fmt 4702
Sfmt 4702
40613
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
E:\FR\FM\07JYP1.SGM
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40614
Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Proposed Rules
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
jbell on DSKJLSW7X2PROD with PROPOSALS
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves a special local regulation
lasting 26 hours over a 3 day period that
would prohibit entry within a 5 mile
stretch of the Ohio River. Normally such
actions are categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. For
instructions on locating the docket, see
the ADDRESSES section of this preamble.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
G. Protest Activities
1.
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.
■
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16:12 Jul 06, 2020
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2. Add § 100.35T08–0348 to read as
follows:
§ 100.35T08–0192 Special Local
Regulation; Ohio River, Owensboro, KY.
(a) Regulated area. The regulations in
this area apply to the following area: All
navigable waters of the Ohio River from
mile marker (MM) 754.0 to MM 759.0 in
Owensboro, KY.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
(b) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Ohio Valley or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 13 or 16,
or at 1–800–253–7465. Those in the
regulated area must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(c) Enforcement periods. This section
will be enforced from noon to 6 p.m. on
August 14, 2020, from 8 a.m. to 6 p.m.
on August 15, 2020, and from 8 a.m. to
6 p.m. on August 16, 2020.
Dated: June 24, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2020–14407 Filed 7–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2020–0343]
RIN 1625–AA08
Special Local Regulation; Breton Bay,
McIntosh Run, Leonardtown, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish special local regulations for
certain waters of Breton Bay and
McIntosh Run. This action is necessary
to provide for the safety of life on these
navigable waters located at
Leonardtown, MD, during a high-speed
power boat demonstration event on
August 1, 2020, and August 2, 2020.
This proposed rulemaking would
prohibit persons and vessels from being
in the regulated area unless authorized
by the Captain of the Port MarylandNational Capital Region or Coast Guard
Patrol Commander. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 22, 2020.
SUMMARY:
E:\FR\FM\07JYP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Proposed Rules]
[Pages 40612-40614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14407]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2020-0348]
RIN 1625-AA08
Special Local Regulation; Ohio River, Owensboro, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for all navigable waters of the Ohio River from mile
marker (MM) 754 .0 to MM 759.0. This action is necessary to provide for
the safety of life on these navigable waters near Owensboro, KY, during
a high speed boat race on August 14, 2020 through August 16, 2020. This
proposed rulemaking would prohibit persons and vessels from being in
the regulated area unless authorized by the
[[Page 40613]]
Captain of the Port Sector Ohio Valley or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 22, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0348 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Craig Colton, Waterways
Department Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-
5335, 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, Purpose, and Legal Basis
On January 13, 2020, the City of Owensboro notified the Coast Guard
that it will be hosting a high speed boat race called Owensboro
HydroFair from August 14, 2020, through August 16, 2020. The race will
be located on the Ohio River in front of the Owensboro Convention
Center between Mile Marker (MM) 754 to MM 759. Hazards from high speed
boat races include collision, mechanical breakdowns, disabled vessels,
capsized vessels, and persons in the water. The Captain of the Port
Sector Ohio Valley (COTP) has determined that potential hazards
associated with the high speed boat race would be a safety concern for
anyone on a 5 mile stretch of the Ohio River.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters from MM 754 to MM 759 before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
noon to 6 p.m. on August 14, 2020, from 8 a.m. to 6 p.m. on August 15,
2020, and from 8 a.m. to 6 p.m. on August 16, 2020. The special local
regulation would cover all navigable waters from MM 754 to MM 759 on
the Ohio River. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled event. No vessel or person would be permitted to enter
the regulated area without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Entry into the regulated area will be prohibited from noon to 6 p.m. on
August 14, 2020, from 8 a.m. to 6 p.m. on August 15, 2020, and from 8
a.m. to 6 p.m. on August 16, 2020, from Ohio River MM 754.0 to MM
759.0, unless authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Moreover, the Coast Guard will
issue written Local Notice to Mariners and Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the temporary special local
regulation that is in place.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and
[[Page 40614]]
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. If you believe this
proposed rule has implications for federalism or Indian tribes, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a special
local regulation lasting 26 hours over a 3 day period that would
prohibit entry within a 5 mile stretch of the Ohio River. Normally such
actions are categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. For instructions on locating the docket, see the ADDRESSES
section of this preamble. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.35T08-0348 to read as follows:
Sec. 100.35T08-0192 Special Local Regulation; Ohio River, Owensboro,
KY.
(a) Regulated area. The regulations in this area apply to the
following area: All navigable waters of the Ohio River from mile marker
(MM) 754.0 to MM 759.0 in Owensboro, KY.
(b) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector Ohio Valley or their
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 13 or 16, or at 1-800-253-7465. Those in
the regulated area must comply with all lawful orders or directions
given to them by the COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(c) Enforcement periods. This section will be enforced from noon to
6 p.m. on August 14, 2020, from 8 a.m. to 6 p.m. on August 15, 2020,
and from 8 a.m. to 6 p.m. on August 16, 2020.
Dated: June 24, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-14407 Filed 7-6-20; 8:45 am]
BILLING CODE 9110-04-P
