15214 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

practical matter, will control or adversely 

influence the disposition of other claims 

totaling more than the respective amounts 

designated in Sections 2, 3, 4, 5, 6, 7, 8, 9, 

and 10 hereof, the case shall be forwarded for 

review at the appropriate level for the 

cumulative amount of the affected claims; 

(B) When, because of the importance of a 

question of law or policy presented, the 

position taken by the agency or agencies or 

by the United States Attorney involved, or 

any other considerations, the person 

otherwise authorized herein to take final 

action is of the opinion that the proposed 

disposition should be reviewed at a higher 

level, the case shall be forwarded for such 

review; 

(C) If the Department has previously 

submitted a case to the Joint Committee on 

Taxation leaving one or more issues 

unresolved, any subsequent compromise or 

concession in that case must be submitted to 

the Joint Committee, whether or not the 

overpayment exceeds the amount specified 

in Section 6405 of the Internal Revenue 

Code; 

(D) Nothing in this Directive shall be 

construed as altering any provision of 

Subpart Y of Part 0 of Title 28 of the Code 

of Federal Regulations requiring the 

submission of certain cases to the Attorney 

General, the Associate Attorney General, or 

the Solicitor General; 

(E) Authority to approve recommendations 

that the Government confess error in or to 

concede cases on appeal is excepted from the 

foregoing redelegations; and 

(F) The Assistant Attorney General, at any 

time, may withdraw any authority delegated 

by this Directive as it relates to any particular 

case or category of cases, or to any part 

thereof. 

Section 12. With respect to a claim by the 

United States (also sometimes referred to as 

a claim on behalf of the United States), the 

term ‘‘offer in compromise’’ as used in this 

Directive is any settlement of such a claim, 

except settlements in which the United 

States would receive nothing or virtually 

nothing in exchange for giving up its claim; 

and the term ‘‘to close (other than by 

compromise or entry of judgment),’’ refers to 

a settlement under which the United States 

would receive nothing, or virtually nothing 

in exchange for giving up its claim. 

Section 13. For a claim against the United 

States, the term ‘‘offer in compromise’’ as 

used in this Directive is any settlement of 

such a claim, except settlements in which the 

United States would receive nothing, or 

virtually nothing, in exchange for conceding 

the claim against it; and the term to ‘‘settle 

administratively,’’ means a settlement in 

which the United States would receive 

nothing, or virtually nothing, for conceding 

the claim against it. 

Section 14. This Directive supersedes Tax 

Division Directive No. 135, which was 

effective November 21, 2007. 

Section 15. This Directive shall become 

effective on March 21, 2011. 

Dated: February 14, 2011. 

John A. DiCicco, 

Acting Assistant Attorney General. 

[FR Doc. 2011–6530 Filed 3–18–11; 8:45 am] 

BILLING CODE 4410–16–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–1113] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Potomac River, Charles 

County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Potomac River Sharkfest 

Swim’’ amateur swim, a marine event to 

be held on the waters of the Potomac 

River. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

event. This action is intended to 

temporarily restrict vessel traffic in a 

portion of the Potomac River during the 

event. 

DATES: This rule is effective from 7 a.m. 

until 12:30 p.m. on May 22, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–1113 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1113 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 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 

rule, call or e-mail Mr. Ronald Houck, 

U.S. Coast Guard Sector Baltimore, MD; 

telephone 410–576–2674, e-mail 

Ronald.L.Houck@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On January 10, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Special Local Regulations for 

Marine Events; Potomac River, Charles 

County, MD’’ in the Federal Register (76 

FR 1381). We received no comments on 

the proposed rule. No public meeting 

was requested, and none was held. 

Basis and Purpose 

On May 22, 2011, Enviro-Sports 

Productions, Inc. of Stinson Beach, 

California, will sponsor an amateur 

swim across the Potomac River between 

Newburg, Maryland and King George, 

Virginia. The event consists of up to 500 

swimmers on a course located upriver 

and parallel to the Governor Harry W. 

Nice Memorial (US–301) Bridge. The 

swimmers will be supported by 

sponsor-provided watercraft. The start 

will be located along the shore at the 

Aqua-Land Marina and the finish will 

be located along the shore at Dahlgren 

Wayside Park. A portion of the swim 

course will cross the Federal navigation 

channel. Due to the need for vessel 

control during the event, the Coast 

Guard will temporarily restrict vessel 

traffic in the event area to provide for 

the safety of participants, spectators and 

other transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the NPRM and 

SNPRM. No public meeting was 

requested and none was held. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation will prevent 

traffic from transiting a portion of the 

Potomac River during the event, the 

effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect 

and the extensive advance notifications 

that will be made to the maritime 

community via the Local Notice to 

Mariners and marine information 

broadcasts, so mariners can adjust their 

plans accordingly. Additionally, the 

regulated area has been narrowly 

tailored to impose the least impact on 

general navigation yet provide the level 

of safety deemed necessary. Vessel 

traffic will be able to transit safely 

through a portion of the regulated area, 

but only after the last participant has 

cleared that portion of the regulated area 


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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 15215 

and when the Coast Guard Patrol 

Commander deems it safe to do so. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the affected portions of the Potomac 

River during the event. 

Although this regulation prevents 

traffic from transiting a portion of the 

Potomac River near the Governor Harry 

W. Nice Memorial (US–301) Bridge 

during the event, this rule will not have 

a significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule would 

be in effect for only a limited period. 

Though the regulated area extends 

across the entire width of the river, 

vessel traffic may be permitted to safely 

transit a portion of the regulated area, 

but only after all participants have 

safely cleared that portion of the 

regulated area and when the Coast 

Guard Patrol Commander deems it safe 

for vessel traffic to do so. All Coast 

Guard vessels enforcing this regulated 

area can be contacted on marine band 

radio VHF–FM channel 16 (156.8 MHz). 

Before the enforcement period, the 

Coast Guard will issue maritime 

advisories so mariners can adjust their 

plans accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

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. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 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. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 that do not 

individually or cumulatively have a 

significant effect on the human 


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15216 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 100 applicable to 

organized marine events on the 

navigable waters of the United States 

that could negatively impact the safety 

of waterway users and shore side 

activities in the event area. The category 

of water activities includes but is not 

limited to sail boat regattas, boat 

parades, power boat racing, swimming 

events, crew racing, canoe and sail 

board racing. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary section, § 100.35– 

T05–1113 to read as follows: 

§ 100.35–T05–1113 Special Local 

Regulations for Marine Events; Potomac 

River, Charles County, MD. 

(a) Regulated area. The following 

location is a regulated area: All waters 

of the Potomac River, within lines 

connecting the following positions: from 

latitude 38°22′05′′ N, longitude 

076°59′03′′ W, thence to latitude 

38°21′50′′ N, longitude 077°00′54′′ W, 

and from latitude 38°21′29′′ N, longitude 

077°00′54′′ W to latitude 38°21′45′′ N, 

longitude 076°58′59′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions: (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(c) Special local regulations: (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels and persons in the regulated 

area. When hailed or signaled by an 

official patrol vessel, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(2) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(3) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period: This section 

will be enforced from 7 a.m. until 12:30 

p.m. on May 22, 2011. 

Dated: February 28, 2011. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2011–6587 Filed 3–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0038] 

RIN 1625–AA87 

Security Zones; Cruise Ships, Port of 

San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

its regulations for Security Zones; 

Cruise Ships, Port of San Diego, 

California, by providing a common 

description of all security zones created 

by this section to encompass only 

navigable waters within a 100 yard 

radius around any cruise ship that is 

located within the San Diego port area 

landward of the sea buoys bounding the 

Port of San Diego. This final rule 

removes a reference to shore area that is 

no longer necessary to provide for the 

safety of the cruise ship, vessels, and 

users of the waterway. Entry into these 

security zones will be prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) San Diego, or a COTP 

designated representative. 

DATES: This rule is effective April 20, 

2011. 

ADDRESSES: The contents of the online 

docket for this rulemaking, USCG– 

2011–0038, may be viewed by going to 

http://www.regulations.gov, inserting 

USCG–2011–0038 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 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 proposed 

rule, call or e-mail Commander Michael 

B. Dolan, Prevention, Coast Guard 

Sector San Diego, Coast Guard; 

telephone 619–278–7261, e-mail 

Michael.B.Dolan@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

Regulatory Information 

On January 27, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zones; Cruise Ships, 

Port of San Diego, California in the 

Federal Register (76 FR 4833). We 

received no comments on the proposed 

rule, either through the electronic 

docket office, or directly to Coast Guard 

Sector San Diego. A public meeting was 

not requested, and none were held. The 

telephone number listed in the 

proposed rule to contact the Captain of 

the Port listed was incorrect. We have 

corrected it in this final rule. 

Basis and Purpose 

Based on experience with actual 

security zone enforcement operations, 

the COTP San Diego has concluded that 

a security zone encompassing all 

navigable waters, extending from the 

surface to the sea floor, within a 100 

yard radius around any cruise ship that 

is within the San Diego port area inside 

the sea buoys bounding the Port of San 

Diego would provide for the safety of 

the cruise ship, vessels, and users of the 

waterway. Therefore, no reference to 

shore area in security zones for moored 

cruise ships is required. 

Background 

The Coast Guard is establishing a 

permanent security zone regulation. The 

security zones created by this rule will 

encompass all navigable waters, 

extending from the surface to the sea 

floor, within a 100 yard radius around 

any cruise ship that is within the San 

Diego port area inside the sea buoys 

bounding the Port of San Diego. These 

security zones are necessary to provide 

for the safety of the cruise ship, other 

vessels and users of the waterway. Entry 

into these zones will be prohibited 

unless specifically authorized by the 


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