81_FR_37619 81 FR 37507 - Special Local Regulation; Midwest Masters Sprints; Maumee River; Toledo, OH

81 FR 37507 - Special Local Regulation; Midwest Masters Sprints; Maumee River; Toledo, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37507-37510
FR Document2016-13746

The Coast Guard is establishing a temporary special local regulation controlling movement of vessels for certain waters of the Maumee River. This action is necessary and is intended to ensure safety of life on navigable waters to be used for a rowing event immediately prior to, during, and immediately after this event. This regulation requires vessels to maintain a minimum speed for safe navigation and maneuvering.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37507-37510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13746]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0463]
RIN 1625-AA08


Special Local Regulation; Midwest Masters Sprints; Maumee River; 
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation controlling movement of vessels for certain waters of the 
Maumee River. This action is necessary and is intended to ensure safety 
of life on navigable waters to be used for a rowing event immediately 
prior to, during, and immediately after this event. This regulation 
requires vessels to maintain a minimum speed for safe navigation and 
maneuvering.

DATES: This temporary final rule is effective from 5 a.m. until 2:30 
p.m. on June 11, 2016. For the purposes of enforcement, actual notice 
will be used on June 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-

[[Page 37508]]

0463 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket 
Folder on the line associated with this rule. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Petty Officer Brett Kreigh, Marine 
Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On June 11, 2016, the Toledo Rowing Club is holding a rowing 
regatta in which at least 200 rowers will participate in a race on the 
Maumee River. Due to the projected amount of human-powered watercraft 
on the water, there is a need to require vessels in the affected 
waterways to maintain a minimum speed for safe navigation. The rowing 
regatta will occur between 5 a.m. and 2:30 p.m. on June 11, 2016. This 
event is taking place under the same sponsorship in the same location 
as last year.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. Having reviewed the application for a marine 
event submitted by the sponsor on January 11, 2016, the Captain of the 
Port Detroit (COTP) has determined that the likely combination of 
recreation vessels, commercial vessels, and an unknown number of 
spectators in close proximity to a rowing regatta along the water pose 
extra and unusual hazards to public safety and property. Therefore, the 
COTP is establishing a Special Local Regulation around the event 
location to help minimize risks to safety of life and property during 
this event.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking with 
respect to this rule because waiting for a notice and comment period to 
run would be impracticable, unnecessary, and contrary to the public 
interest. Although an initial marine event application was submitted on 
January 11, 2016, final details regarding event area and patrol 
parameters were not known to the Coast Guard with sufficient time for 
the Coast Guard to solicit public comments before the start of the 
event. Thus, delaying the effective date of this rule to wait for a 
notice and comment period to run would be impracticable and contrary to 
the public interest because it would inhibit the Coast Guard's ability 
to protect the public from the hazards associated with this power boat 
race.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 5 
a.m. until 2:30 p.m. on June 11, 2016. In light of the aforementioned 
hazards, the COTP has determined that a special local regulation is 
necessary to protect spectators, vessels, and participants. The special 
local regulation will encompass the following waterway: All waters of 
the Maumee River, Toledo, OH from the Veterans Glass Memorial Bridge at 
River Mile 3.25 to the Norfolk Southern Railroad Bridge at River Mile 
5.76.
    An on-scene representative of the COTP or event sponsor 
representatives may permit vessels to transit the area when no race 
activity is occurring. The on-scene representative may be present on 
any Coast Guard, state or local law enforcement vessel assigned to 
patrol the event. Vessel operators desiring to transit through the 
regulated area must contact the Coast Guard Patrol Commander to obtain 
permission to do so. The COTP or his designated on-scene representative 
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the 
public of the enforcement of this rule by all appropriate means, 
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders (E.O.).

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management 
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of 
relatively small size and only nine and a half hours in duration, and 
it is designed to minimize the impact on navigation. Moreover, vessels 
may transit through the area affected by this special local regulation 
at a minimum speed for safe navigation. Overall, the Coast Guard 
expects minimal impact to vessel movement from the enforcement of this 
special local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations 
on small entities during rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in this portion of the Maumee River, in the vicinity 
of Toledo, OH between 5 a.m. and 2:30 p.m. on June 11, 2016.
    This special local regulation will not have a significant economic 
impact on

[[Page 37509]]

a substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the regulation, Coast Guard Sector Detroit will issue a 
local Broadcast Notice to Mariners so vessel owners and operators can 
plan accordingly.

C. Assistance for Small Entities

    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 so that they can better evaluate 
its effects on them. If this rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    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 entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

D. 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).

E. Federalism

    A rule has implications for federalism under E.O. 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 determined 
that this rule does not have implications for federalism.

F. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

G. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

H. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not create an environmental risk 
to health or risk to safety that may disproportionately affect 
children.

K. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 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.

L. Energy Effects

    This action is not a ``significant energy action'' under E.O. 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.

M. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule involves the establishment of a special local regulation and 
is therefore categorically excluded from further review under paragraph 
34(h) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR 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:  33 U.S.C. 1233.


0
2. Add Sec.  100.35T09-0463 to read as follows:


Sec.  100.35T09-0463  Special Local Regulation; Midwest Masters 
Sprints; Maumee River; Toledo, OH.

    (a) Regulated area. A regulated area is established to encompass 
the following waterway: all waters of the Maumee River, from the 
Veterans Glass Memorial Bridge at River Mile 3.25 to the Norfolk 
Southern Railroad Bridge at River Mile 5.76.
    (b) Effective period. This section is effective and will be 
enforced from 5 a.m. until 2:30 p.m. on June 11, 2016.
    (c) Regulations. (1) Consistent with Sec.  100.901 of this part, 
vessels transiting within the regulated area shall travel at a no-wake 
speed and remain vigilant at all times. Additionally, vessels within 
the regulated area must yield right-of-way for event participants and 
event safety craft. Commercial vessels will have right-of-way over 
event participants, and event safety craft.

[[Page 37510]]

    (2) Vessel operators desiring to operate in the regulated area must 
contact the Coast Guard Patrol Commander to obtain permission to do so. 
The Captain of the Port Detroit (COTP) or his on-scene representative 
may be contacted via VHF Channel 16. Vessel operators given permission 
to operate within the regulated area must comply with all directions 
given to them by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer or a Federal, State, or local 
law enforcement officer designated by or assisting the COTP to act on 
his behalf.

    Dated: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-13746 Filed 6-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                       Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations                                               37507

                                                  Availability of IRS Documents                           ‘‘taxpayer,’’ as that term is used in                  a trust that is treated under subpart E of
                                                    For copies of recently issued Revenue                 section 108(a)(1) and (d)(1) through (3).              part I of subchapter J of chapter 1 of
                                                  Procedures, Revenue Rulings, notices,                   Rather, for purposes of section                        subtitle A of title 26 of the United States
                                                  and other guidance published in the                     108(a)(1)(A) and (B) and (d)(1) through                Code as being owned by the grantor or
                                                  Internal Revenue Bulletin, please visit                 (3) and subject to section 108(d)(6), the              another person.
                                                  the IRS Web site at http://www.irs.gov.                 owner of the grantor trust or the owner                   (3) Owner. Notwithstanding any other
                                                                                                          of the disregarded entity is the                       provision of this section to the contrary,
                                                  Special Analyses                                        ‘‘taxpayer.’’                                          neither a grantor trust nor a disregarded
                                                    Certain IRS regulations, including this                  (2) The bankruptcy exclusion. If                    entity shall be considered an owner for
                                                  one, are exempt from the requirements                   indebtedness of a grantor trust or a                   purposes of this section.
                                                  of Executive Order 12866, as                            disregarded entity is discharged in a                     (4) Title 11 debtor. For purposes of
                                                  supplemented and reaffirmed by                          title 11 case, section 108(a)(1)(A) applies            this section, a title 11 debtor is a debtor
                                                  Executive Order 13563. Therefore, a                     to that discharged indebtedness only if                in a case under title 11 of the United
                                                  regulatory impact assessment is not                     the owner of the grantor trust or the                  States Code, as defined in 11 U.S.C.
                                                  required. It has also been determined                   owner of the disregarded entity is under               101(13).
                                                  that section 553(b) of the Administrative               the jurisdiction of the court in a title 11               (d) Applicability date. The rules of
                                                  Procedure Act (5 U.S.C. chapter 5) does                 case as the title 11 debtor. If the grantor            this section apply to discharge of
                                                  not apply to these regulations, and                     trust or the disregarded entity is under               indebtedness income occurring on or
                                                  because the regulations do not impose a                 the jurisdiction of the court in a title 11            after June 10, 2016.
                                                  collection of information on small                      case as the title 11 debtor, but the owner
                                                                                                          of the grantor trust or the owner of the               John Dalrymple,
                                                  entities, the Regulatory Flexibility Act                                                                       Deputy Commissioner for Services and
                                                  (5 U.S.C. chapter 6) does not apply.                    disregarded entity is not, section
                                                                                                          108(a)(1)(A) does not apply to the                     Enforcement.
                                                  Pursuant to section 7805(f) of the Code,                                                                         Approved: May 25, 2016.
                                                  these regulations have been submitted                   discharge of indebtedness income.
                                                                                                             (3) The insolvency exclusion. Section               Mark J. Mazur,
                                                  to the Chief Counsel for Advocacy of the
                                                                                                          108(a)(1)(B) applies to the discharged                 Assistant Secretary of the Treasury (Tax
                                                  Small Business Administration for
                                                                                                          indebtedness of a grantor trust or a                   Policy).
                                                  comment on its impact on small                          disregarded entity only to the extent the              [FR Doc. 2016–13779 Filed 6–9–16; 8:45 am]
                                                  business, and no comments were                          owner of the grantor trust or the owner                BILLING CODE 4830–01–P
                                                  received.                                               of the disregarded entity is insolvent. If
                                                  Drafting Information                                    the grantor trust or the disregarded
                                                     The principal authors of these                       entity is insolvent, but the owner of the              DEPARTMENT OF HOMELAND
                                                  regulations are Frank J. Fisher and Amy                 grantor trust or the owner of the                      SECURITY
                                                  Chang, Office of the Associate Chief                    disregarded entity is solvent, section
                                                  Counsel (Passthroughs and Special                       108(a)(1)(B) does not apply to the                     Coast Guard
                                                                                                          discharge of indebtedness income.
                                                  Industries). However, other personnel
                                                                                                             (b) Application to partnerships. Under              33 CFR Part 100
                                                  from the Treasury Department and the
                                                                                                          section 108(d)(6), in the case of a
                                                  IRS participated in the development of                  partnership, section 108(a)(1)(A) and (B)              [Docket No. USCG–2016–0463]
                                                  these regulations.                                      applies at the partner level. If a                     RIN 1625–AA08
                                                  List of Subjects in 26 CFR Part 1                       partnership holds an interest in a
                                                    Income taxes, Reporting and                           grantor trust or a disregarded entity, the             Special Local Regulation; Midwest
                                                  recordkeeping requirements.                             applicability of section 108(a)(1)(A) and              Masters Sprints; Maumee River;
                                                                                                          (B) to the discharge of indebtedness                   Toledo, OH
                                                  Adoption of Amendments to the                           income is tested by looking to each
                                                  Regulations                                             partner to whom the income is                          AGENCY:    Coast Guard, DHS.
                                                                                                          allocable.                                             ACTION:   Temporary final rule.
                                                    Accordingly, 26 CFR part 1 is
                                                  amended as follows:                                        (c) Definitions—(1) Disregarded
                                                                                                          entity. For purposes of this section, a                SUMMARY:    The Coast Guard is
                                                                                                          disregarded entity is an entity that is                establishing a temporary special local
                                                  PART 1—INCOME TAXES                                                                                            regulation controlling movement of
                                                                                                          disregarded as an entity separate from
                                                  ■ Paragraph 1. The authority citation                   its owner for Federal income tax                       vessels for certain waters of the Maumee
                                                  for part 1 continues to read in part as                 purposes. See § 301.7701–2(c)(2)(i) of                 River. This action is necessary and is
                                                  follows:                                                this chapter, the Procedure and                        intended to ensure safety of life on
                                                                                                          Administration Regulations. Examples                   navigable waters to be used for a rowing
                                                      Authority: 26 U.S.C. 7805 * * *                                                                            event immediately prior to, during, and
                                                                                                          of disregarded entities include a
                                                  ■ Par. 2. Section 1.108–9 is added to                                                                          immediately after this event. This
                                                                                                          domestic single-member limited
                                                  read as follows:                                                                                               regulation requires vessels to maintain a
                                                                                                          liability company that does not elect to
                                                                                                          be classified as a corporation for Federal             minimum speed for safe navigation and
                                                  § 1.108–9 Application of the bankruptcy
                                                  and the insolvency provisions of section                income tax purposes pursuant to                        maneuvering.
                                                  108 to grantor trusts and disregarded                   § 301.7701–3 of this chapter, a                        DATES: This temporary final rule is
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  entities.                                               corporation that is a qualified REIT                   effective from 5 a.m. until 2:30 p.m. on
                                                    (a) General rule—(1) Owner is the                     subsidiary (within the meaning of                      June 11, 2016. For the purposes of
                                                  taxpayer. For purposes of applying                      section 856(i)(2)), and a corporation that             enforcement, actual notice will be used
                                                  section 108(a)(1)(A) and (B) to discharge               is a qualified subchapter S subsidiary                 on June 11, 2016.
                                                  of indebtedness income of a grantor                     (within the meaning of section                         ADDRESSES: To view documents
                                                  trust or a disregarded entity, neither the              1361(b)(3)(B)).                                        mentioned in this preamble as being
                                                  grantor trust nor the disregarded entity                   (2) Grantor trust. For purposes of this             available in the docket, go to http://
                                                  shall be considered to be the                           section, a grantor trust is any portion of             www.regulations.gov, type USCG–2016–


                                             VerDate Sep<11>2014   16:32 Jun 09, 2016   Jkt 238001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\10JNR1.SGM   10JNR1


                                                  37508                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                  0463 in the ‘‘SEARCH’’ box and click                    notice and opportunity to comment                      scene representative may be contacted
                                                  ‘‘SEARCH.’’ Click on Open Docket                        pursuant to authority under section 4(a)               via VHF Channel 16.
                                                  Folder on the line associated with this                 of the Administrative Procedure Act                      The COTP or his designated on-scene
                                                  rule. You may also visit the Docket                     (APA) (5 U.S.C. 553(b)). This provision                representative will notify the public of
                                                  Management Facility in Room W12–140                     authorizes an agency to issue a rule                   the enforcement of this rule by all
                                                  on the ground floor of the Department                   without prior notice and opportunity to                appropriate means, including a
                                                  of Transportation West Building, 1200                   comment when the agency for good                       Broadcast Notice to Mariners and Local
                                                  New Jersey Avenue SE., Washington,                      cause finds that those procedures are                  Notice to Mariners.
                                                  DC 20590, between 9 a.m. and 5 p.m.,                    ‘‘impracticable, unnecessary, or contrary
                                                                                                                                                                 V. Regulatory Analyses
                                                  Monday through Friday, except Federal                   to the public interest.’’ Under 5 U.S.C.
                                                  holidays.                                               553(b)(B), the Coast Guard finds that                    We developed this rule after
                                                  FOR FURTHER INFORMATION CONTACT: If                     good cause exists for not publishing a                 considering numerous statutes and
                                                  you have questions on this temporary                    notice of proposed rulemaking with                     executive orders related to rulemaking.
                                                  final rule, call or email Petty Officer                 respect to this rule because waiting for               Below we summarize our analyses
                                                  Brett Kreigh, Marine Safety Unit Toledo,                a notice and comment period to run                     based on these statutes or executive
                                                  Coast Guard; telephone 419–418–6046,                    would be impracticable, unnecessary,                   orders (E.O.).
                                                  email Brett.A.Kreigh@uscg.mil. If you                   and contrary to the public interest.                   A. Regulatory Planning and Review
                                                  have questions on viewing the docket,                   Although an initial marine event
                                                                                                          application was submitted on January                     This rule is not a significant
                                                  call Cheryl Collins, Program Manager,
                                                                                                          11, 2016, final details regarding event                regulatory action under section 3(f) of
                                                  Docket Operations, telephone 202–366–
                                                                                                          area and patrol parameters were not                    E.O. 12866, Regulatory Planning and
                                                  9826.
                                                                                                          known to the Coast Guard with                          Review, as supplemented by E.O. 13563,
                                                  SUPPLEMENTARY INFORMATION:                                                                                     Improving Regulation and Regulatory
                                                                                                          sufficient time for the Coast Guard to
                                                  I. Table of Abbreviations                               solicit public comments before the start               Review, and does not require an
                                                                                                          of the event. Thus, delaying the effective             assessment of potential costs and
                                                  COTP Captain of the Port
                                                  DHS Department of Homeland Security                     date of this rule to wait for a notice and             benefits under section 6(a)(3) of E.O.
                                                  E.O. Executive Order                                    comment period to run would be                         12866 or under section 1 of E.O. 13563.
                                                  NAD 83 North American Datum of 1983                     impracticable and contrary to the public               The Office of Management and Budget
                                                  NPRM Notice of Proposed Rulemaking                      interest because it would inhibit the                  has not reviewed it under those Orders.
                                                                                                          Coast Guard’s ability to protect the                     We conclude that this rule is not a
                                                  II. Background History and Regulatory                                                                          significant regulatory action because we
                                                                                                          public from the hazards associated with
                                                  Information                                                                                                    anticipate that it will have minimal
                                                                                                          this power boat race.
                                                     On June 11, 2016, the Toledo Rowing                     Under 5 U.S.C. 553(d)(3), the Coast                 impact on the economy, will not
                                                  Club is holding a rowing regatta in                     Guard finds that good cause exists for                 interfere with other agencies, will not
                                                  which at least 200 rowers will                          making this rule effective less than 30                adversely alter the budget of any grant
                                                  participate in a race on the Maumee                     days after publication in the Federal                  or loan recipients, and will not raise any
                                                  River. Due to the projected amount of                   Register. For the same reasons                         novel legal or policy issues.
                                                  human-powered watercraft on the                         discussed in the preceding paragraph,                    The Coast Guard’s use of this special
                                                  water, there is a need to require vessels               waiting for a 30 day notice period to run              local regulation will be of relatively
                                                  in the affected waterways to maintain a                 would be impracticable and contrary to                 small size and only nine and a half
                                                  minimum speed for safe navigation. The                  the public interest.                                   hours in duration, and it is designed to
                                                  rowing regatta will occur between 5 a.m.                                                                       minimize the impact on navigation.
                                                                                                          IV. Discussion of Rule
                                                  and 2:30 p.m. on June 11, 2016. This                                                                           Moreover, vessels may transit through
                                                  event is taking place under the same                       This rule establishes a temporary                   the area affected by this special local
                                                  sponsorship in the same location as last                special local regulation from 5 a.m. until             regulation at a minimum speed for safe
                                                  year.                                                   2:30 p.m. on June 11, 2016. In light of                navigation. Overall, the Coast Guard
                                                                                                          the aforementioned hazards, the COTP                   expects minimal impact to vessel
                                                  III. Legal Authority and Need for Rule                  has determined that a special local                    movement from the enforcement of this
                                                     The Coast Guard is issuing this rule                 regulation is necessary to protect                     special local regulation.
                                                  under authority in 33 U.S.C. 1231, 33                   spectators, vessels, and participants.
                                                  CFR 1.05–1 and 160.5; and Department                    The special local regulation will                      B. Impact on Small Entities
                                                  of Homeland Security Delegation No.                     encompass the following waterway: All                    As per the Regulatory Flexibility Act
                                                  0170.1. Having reviewed the application                 waters of the Maumee River, Toledo,                    of 1980 (RFA), 5 U.S.C. 601–612, as
                                                  for a marine event submitted by the                     OH from the Veterans Glass Memorial                    amended, we have considered the
                                                  sponsor on January 11, 2016, the                        Bridge at River Mile 3.25 to the Norfolk               potential impact of regulations on small
                                                  Captain of the Port Detroit (COTP) has                  Southern Railroad Bridge at River Mile                 entities during rulemaking. The Coast
                                                  determined that the likely combination                  5.76.                                                  Guard certifies under 5 U.S.C. 605(b)
                                                  of recreation vessels, commercial                          An on-scene representative of the                   that this rule will not have a significant
                                                  vessels, and an unknown number of                       COTP or event sponsor representatives                  economic impact on a substantial
                                                  spectators in close proximity to a                      may permit vessels to transit the area                 number of small entities.
                                                  rowing regatta along the water pose                     when no race activity is occurring. The                  This rule will affect the following
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                                                  extra and unusual hazards to public                     on-scene representative may be present                 entities, some of which might be small
                                                  safety and property. Therefore, the                     on any Coast Guard, state or local law                 entities: The owners or operators of
                                                  COTP is establishing a Special Local                    enforcement vessel assigned to patrol                  vessels intending to transit or anchor in
                                                  Regulation around the event location to                 the event. Vessel operators desiring to                this portion of the Maumee River, in the
                                                  help minimize risks to safety of life and               transit through the regulated area must                vicinity of Toledo, OH between 5 a.m.
                                                  property during this event.                             contact the Coast Guard Patrol                         and 2:30 p.m. on June 11, 2016.
                                                     The Coast Guard is issuing this                      Commander to obtain permission to do                     This special local regulation will not
                                                  temporary final rule without prior                      so. The COTP or his designated on-                     have a significant economic impact on


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                                                                       Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations                                          37509

                                                  a substantial number of small entities                  jeopardizing the safety or security of                 N. Environment
                                                  for the reasons cited in the Regulatory                 people, places, or vessels.                              We have analyzed this rule under
                                                  Planning and Review section.                                                                                   Department of Homeland Security
                                                                                                          G. Unfunded Mandates Reform Act
                                                  Additionally, before the enforcement of                                                                        Management Directive 023–01 and
                                                  the regulation, Coast Guard Sector                        The Unfunded Mandates Reform Act                     Commandant Instruction M16475.lD,
                                                  Detroit will issue a local Broadcast                    of 1995 (2 U.S.C. 1531–1538) requires                  which guide the Coast Guard in
                                                  Notice to Mariners so vessel owners and                 Federal agencies to assess the effects of              complying with the National
                                                  operators can plan accordingly.                         their discretionary regulatory actions. In             Environmental Policy Act of 1969
                                                                                                          particular, the Act addresses actions                  (NEPA) (42 U.S.C. 4321–4370f), and
                                                  C. Assistance for Small Entities
                                                                                                          that may result in the expenditure by a                have concluded this action is one of a
                                                     Under section 213(a) of the Small                    State, local, or tribal government, in the             category of actions which do not
                                                  Business Regulatory Enforcement                         aggregate, or by the private sector of                 individually or cumulatively have a
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 $100,000,000 (adjusted for inflation) or               significant effect on the human
                                                  we want to assist small entities in                     more in any one year. Though this rule                 environment. This rule involves the
                                                  understanding this rule so that they can                will not result in such expenditure, we                establishment of a special local
                                                  better evaluate its effects on them. If this            do discuss the effects of this rule                    regulation and is therefore categorically
                                                  rule would affect your small business,                  elsewhere in this preamble.                            excluded from further review under
                                                  organization, or governmental
                                                                                                          H. Taking of Private Property                          paragraph 34(h) of Figure 2–1 of the
                                                  jurisdiction and you have questions
                                                                                                                                                                 Commandant Instruction. An
                                                  concerning its provisions or options for                  This rule will not cause a taking of                 environmental analysis checklist
                                                  compliance, please contact the person                   private property or otherwise have                     supporting this determination and a
                                                  listed in the FOR FURTHER INFORMATION                   taking implications under Executive                    Categorical Exclusion Determination are
                                                  CONTACT section above.                                  Order 12630, Governmental Actions and
                                                     Small businesses may send comments                                                                          available in the docket where indicated
                                                                                                          Interference with Constitutionally                     under ADDRESSES. We seek any
                                                  on the actions of Federal employees                     Protected Property Rights.
                                                  who enforce, or otherwise determine                                                                            comments or information that may lead
                                                  compliance with, Federal regulations to                 I. Civil Justice Reform                                to the discovery of a significant
                                                  the Small Business and Agriculture                                                                             environmental impact from this rule.
                                                                                                             This rule meets applicable standards
                                                  Regulatory Enforcement Ombudsman                        in sections 3(a) and 3(b)(2) of E.O.                   List of Subjects in 33 CFR Part 100
                                                  and the Regional Small Business                         12988, Civil Justice Reform, to minimize                 Marine safety, Navigation (water),
                                                  Regulatory Fairness Boards. The                         litigation, eliminate ambiguity, and                   Reporting and recordkeeping
                                                  Ombudsman evaluates these actions                       reduce burden.                                         requirements, Waterways.
                                                  annually and rates each agency’s
                                                  responsiveness to small business. If you                J. Protection of Children                                For the reasons discussed in the
                                                  wish to comment on actions by                                                                                  preamble, the Coast Guard amends 33
                                                                                                            We have analyzed this rule under E.O.                CFR part 100 as follows:
                                                  employees of the Coast Guard, call 1–                   13045, Protection of Children from
                                                  888–REG–FAIR (1–888–734–3247). The                      Environmental Health Risks and Safety                  PART 100—SAFETY OF LIFE ON
                                                  Coast Guard will not retaliate against                  Risks. This rule is not an economically                NAVIGABLE WATERS
                                                  entities that question or complain about                significant rule and does not create an
                                                  this rule or any policy or action of the                environmental risk to health or risk to                ■ 1. The authority citation for part 100
                                                  Coast Guard.                                            safety that may disproportionately affect              continues to read as follows:
                                                  D. Collection of Information                            children.                                                  Authority: 33 U.S.C. 1233.
                                                    This rule will not call for a new                     K. Indian Tribal Governments                           ■ 2. Add § 100.35T09–0463 to read as
                                                  collection of information under the                                                                            follows:
                                                  Paperwork Reduction Act of 1995 (44                       This rule does not have tribal
                                                  U.S.C. 3501–3520).                                      implications under E.O. 13175,                         § 100.35T09–0463 Special Local
                                                                                                          Consultation and Coordination with                     Regulation; Midwest Masters Sprints;
                                                  E. Federalism                                           Indian Tribal Governments, because it                  Maumee River; Toledo, OH.
                                                     A rule has implications for federalism               does not have a substantial direct effect                 (a) Regulated area. A regulated area is
                                                  under E.O. 13132, Federalism, if it has                 on one or more Indian tribes, on the                   established to encompass the following
                                                  a substantial direct effect on the States,              relationship between the Federal                       waterway: all waters of the Maumee
                                                  on the relationship between the national                Government and Indian tribes, or on the                River, from the Veterans Glass Memorial
                                                  government and the States, or on the                    distribution of power and                              Bridge at River Mile 3.25 to the Norfolk
                                                  distribution of power and                               responsibilities between the Federal                   Southern Railroad Bridge at River Mile
                                                  responsibilities among the various                      Government and Indian tribes.                          5.76.
                                                  levels of government. We have analyzed                  L. Energy Effects                                         (b) Effective period. This section is
                                                  this rule under that Order and                                                                                 effective and will be enforced from 5
                                                  determined that this rule does not have                   This action is not a ‘‘significant                   a.m. until 2:30 p.m. on June 11, 2016.
                                                  implications for federalism.                            energy action’’ under E.O. 13211,                         (c) Regulations. (1) Consistent with
                                                                                                          Actions Concerning Regulations That                    § 100.901 of this part, vessels transiting
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                                                  F. Protest Activities                                   Significantly Affect Energy Supply,                    within the regulated area shall travel at
                                                    The Coast Guard respects the First                    Distribution, or Use.                                  a no-wake speed and remain vigilant at
                                                  Amendment rights of protesters.                                                                                all times. Additionally, vessels within
                                                                                                          M. Technical Standards
                                                  Protesters are asked to contact the                                                                            the regulated area must yield right-of-
                                                  person listed in the FOR FURTHER                          This rule does not use technical                     way for event participants and event
                                                  INFORMATION CONTACT section to                          standards. Therefore, we did not                       safety craft. Commercial vessels will
                                                  coordinate protest activities so that your              consider the use of voluntary consensus                have right-of-way over event
                                                  message can be received without                         standards.                                             participants, and event safety craft.


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                                                  37510                Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Rules and Regulations

                                                    (2) Vessel operators desiring to                      0377 in the ‘‘SEARCH’’ box and click                   III. Legal Authority and Need for Rule
                                                  operate in the regulated area must                      ‘‘SEARCH.’’ Click on Open Docket
                                                  contact the Coast Guard Patrol                          Folder on the line associated with this                  The Coast Guard is issuing this rule
                                                  Commander to obtain permission to do                    rule.                                                  under authority in 33 U.S.C. 1233. This
                                                  so. The Captain of the Port Detroit                                                                            Special Local Regulation is necessary to
                                                  (COTP) or his on-scene representative                   FOR FURTHER INFORMATION CONTACT:     If                ensure the safety of spectators and
                                                  may be contacted via VHF Channel 16.                    you have questions on this rule, call or               vessels from hazards associated with the
                                                  Vessel operators given permission to                    email Lieutenant Junior Grade Kathleen                 anticipated concentration of vessels,
                                                  operate within the regulated area must                  Kane, Vessel Traffic Services Division,                before, during, and after the scheduled
                                                  comply with all directions given to                     Sector New York, U.S. Coast Guard;                     event.
                                                  them by the COTP or his on-scene                        telephone (718) 354–4010, email                        IV. Discussion of Comments, Changes,
                                                  representative.                                         Kathleen.E.Kane@uscg.mil.                              and the Rule
                                                    (3) The ‘‘on-scene representative’’ of                SUPPLEMENTARY INFORMATION:
                                                  the COTP is any Coast Guard                                                                                       The Coast Guard is establishing a
                                                  commissioned, warrant or petty officer                  I. Table of Abbreviations                              Special Local Regulation on the
                                                  or a Federal, State, or local law                                                                              navigable waters of the East River and
                                                                                                          CFR Code of Federal Regulations
                                                  enforcement officer designated by or                                                                           Upper New York Bay along Manhattan
                                                                                                          COTP Captain of the Port
                                                  assisting the COTP to act on his behalf.                                                                       and Brooklyn, NY for the on water
                                                                                                          DHS Department of Homeland Security
                                                    Dated: June 6, 2016.
                                                                                                                                                                 management of vessels associated with
                                                                                                          FR Federal Register
                                                                                                          NPRM Notice of proposed rulemaking
                                                                                                                                                                 the 2016 Macy’s 4th of July event. The
                                                  Raymond Negron,
                                                                                                          § Section
                                                                                                                                                                 Special Local Regulation is necessary to
                                                  Commander, U.S. Coast Guard, Acting                                                                            ensure the safety of spectators from
                                                  Captain of the Port Detroit.                            U.S.C. United States Code
                                                                                                                                                                 hazards associated with the anticipated
                                                  [FR Doc. 2016–13746 Filed 6–9–16; 8:45 am]
                                                                                                          II. Background Information and                         concentration of vessels for the event.
                                                  BILLING CODE 9110–04–P
                                                                                                          Regulatory History                                        The event is scheduled to occur from
                                                                                                                                                                 9:20 p.m. through 9:50 p.m. and the
                                                                                                             The Coast Guard is issuing this
                                                  DEPARTMENT OF HOMELAND                                                                                         COTP New York anticipates a large
                                                                                                          temporary final rule without prior
                                                  SECURITY                                                                                                       number of vessels will congregate to
                                                                                                          notice and opportunity to comment
                                                                                                                                                                 view the fireworks display. This rule
                                                                                                          pursuant to authority under section 4(a)
                                                  Coast Guard                                                                                                    will be enforced from 6 p.m. through 11
                                                                                                          of the Administrative Procedure Act
                                                                                                                                                                 p.m. on July 4, 2016 in order to ensure
                                                                                                          (APA) (5 U.S.C. 553(b)). This provision                that the area is clear of persons and
                                                  33 CFR Part 100
                                                                                                          authorizes an agency to issue a rule                   vessels before the fireworks display
                                                  [Docket Number USCG–2016–0377]                          without prior notice and opportunity to                begins, and to ensure that no hazards
                                                  RIN 1625–AA08                                           comment when the agency for good                       remain after the fireworks display ends.
                                                                                                          cause finds that those procedures are                  If the event is cancelled due to
                                                  Special Local Regulation; On Water                      ‘‘impracticable, unnecessary, or contrary              inclement weather, then this regulation
                                                  Activities Associated With the 2016                     to the public interest.’’ Under 5 U.S.C.               will be enforced from 6 p.m. through 11
                                                  Macy’s 4th of July Fireworks, East                      553(b)(B), the Coast Guard finds that                  p.m. on July 5, 2016.
                                                  River, Manhattan, NY                                    good cause exists for not publishing an
                                                                                                          NPRM with respect to this rule because                    The COTP New York will establish
                                                  AGENCY:    Coast Guard, DHS.                            doing so would be impracticable and                    seven limited access areas within the
                                                  ACTION:   Temporary final rule.                         contrary to the public interest. The                   boundary of the regulated area. Access
                                                                                                                                                                 to these areas will be restricted to
                                                  SUMMARY:    The Coast Guard is                          Coast Guard was provided the final
                                                                                                                                                                 vessels of a certain size. The seven
                                                  establishing a temporary special local                  details for this event on March 31, 2016.
                                                                                                                                                                 limited access areas are: (1) A ‘‘spectator
                                                  regulation on the navigable waters of the               Macy’s is unable to move their event to
                                                                                                                                                                 area’’ designated ALFA in which access
                                                  East River and Upper New York Bay                       a later date because of the highly
                                                                                                                                                                 is limited to vessels greater than or
                                                  Manhattan and Brooklyn, NY for on                       publicized nature of this 4th of July
                                                                                                                                                                 equal to 20 meters in length (65.6ft); (2)
                                                  water vessel management associated                      event. Due to a major change in the
                                                                                                                                                                 a ‘‘spectator area’’ designated BRAVO in
                                                  with the Macy’s 4th of July fireworks                   location of the event from the Hudson,
                                                                                                                                                                 which access is limited to vessels less
                                                  show. This Special Local Regulation                     to East River, the Coast Guard was
                                                                                                                                                                 than 20 meters in length (65.6ft); (3) a
                                                  allows the Coast Guard to enforce                       unable to use the safety zone established
                                                                                                                                                                 ‘‘buffer zone’’ around the fireworks
                                                  spectator vessel movement and prohibit                  by the recurring Macy’s 4th of July
                                                                                                                                                                 launch barges, designated area
                                                  all vessel traffic from entering the                    fireworks regulation published in Table                CHARLIE, limited to all vessels tending
                                                  fireworks barge buffer zone during times                1 of 33 CFR 165.160.                                   the fireworks launch barges; (4) a
                                                  when the associated event could pose                       We are issuing this rule, and under 5               ‘‘spectator area’’ designated DELTA in
                                                  an imminent hazard to persons and                       U.S.C. 553(d)(3), the Coast Guard finds                which access is limited to vessels
                                                  vessels operating in the area. This rule                that good cause exists for making it                   greater than 20 meters in length (65.6ft);
                                                  is necessary to provide for the safety of               effective less than 30 days after                      (5) a ‘‘spectator area’’ designated ECHO
                                                  life on the navigable waters and to                     publication in the Federal Register. Any               in which access is limited to vessels less
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                                                  establish public viewing areas during                   delay in this rule becoming effective                  than or equal to 20 meters in length
                                                  the event.                                              would be contrary to public interest                   (65.6ft); (6) a ‘‘buffer zone’’ around the
                                                  DATES: This rule is effective from 6 p.m.               since immediate action is needed to                    fireworks launch barge, designated area
                                                  through 11 p.m. on July 4, 2016.                        provide for the safety of life and                     FOXTROT, limited to all vessels tending
                                                  ADDRESSES: To view documents                            property on the navigable waters due to                the fireworks launch barges; (7) a
                                                  mentioned in this preamble as being                     the inherent hazards created by the high               ‘‘spectator area’’ designated GOLF in
                                                  available in the docket, go to http://                  concentration of spectator vessels                     which access is open to all vessels all
                                                  www.regulations.gov, type USCG–2016–                    expected in attendance for the event.                  lengths.


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Document Created: 2018-02-08 07:36:15
Document Modified: 2018-02-08 07:36:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 5 a.m. until 2:30 p.m. on June 11, 2016. For the purposes of enforcement, actual notice will be used on June 11, 2016.
ContactIf you have questions on this temporary final rule, call or email Petty Officer Brett Kreigh, Marine Safety Unit Toledo, Coast Guard; telephone 419-418-6046, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202- 366-9826.
FR Citation81 FR 37507 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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