Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40677 

U.S.C. 6423(d)(1)), is confined to cases 

of the types which are excepted from 

the application of section 6423, Internal 

Revenue Code of 1986, as amended (26 

U.S.C. 6423). The excepted types of 

cases and, therefore, the types in which 

CBP is authorized to make refunds of 

such taxes are those in which: 

* * * * * 

(10) For alcohol excise taxes imposed 

under the Internal Revenue Code, the 

refund of tax is claimed pursuant to the 

assignment of a reduced tax rate or tax 

credit to an importer by a foreign 

producer in accordance with CBP 

implementation of sections 13801– 

13808 of Public Law 115–97 (December 

22, 2017). 

(e) * * * 

(1) CBP will provide the following 

notice to the importer of record: ‘‘Claim 

for refund of any overpayment of 

internal revenue tax on this entry must 

be executed and filed with the Director, 

National Revenue Center, Alcohol and 

Tobacco Tax and Trade Bureau (TTB), 

in accordance with TTB regulations 

(Title 27 of the Code of Federal 

Regulations).’’ On request of the 

claimant, CBP will issue a statement 

identifying the entry, showing the 

amount of internal revenue tax 

deposited with respect to each entry for 

which a claim on TTB Form 5620.8 is 

to be made, and showing the date of 

issuance of the notice of refund of duty. 

(2) The claim must be executed on 

TTB Form 5620.8 (Claim—Alcohol, 

Tobacco, and Firearms Taxes) and must 

be filed with the Director, National 

Revenue Center, TTB. The certified 

statement must be attached to and filed 

in support of such claim which may 

include refunds under more than one 

entry but is limited to refunds under 

entries filed at the same port and the 

same internal revenue region. The data 

to be shown on the claim must be as 

prescribed in TTB regulations, with the 

exception that any data on the certified 

statement also required to be shown in 

the claim need not be restated in the 

claim. 

(3) The date of allowance of refund or 

credit in respect of such tax for the 

purposes of section 6407, Internal 

Revenue Code of 1986, as amended (26 

U.S.C. 6407), will be that date on which 

a claim is perfected and the refund is 

authorized for scheduling under the 

applicable TTB regulations. 

Kevin K. McAleenan, 

Commissioner. 

Approved: August 13, 2018. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2018–17710 Filed 8–15–18; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2018–0732] 

RIN 1625–AA08 

Special Local Regulation; Michigan 

Championships; Detroit River; Detroit, 

MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

for certain waters of the Detroit River, 

Detroit, MI. This action is necessary to 

ensure safety of life on navigable waters 

immediately prior to, during, and after 

the swim portion of the Michigan 

Championship Triathlon. 

DATES: This temporary final rule is 

effective from 7 a.m. until 11 a.m. on 

September 2, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0732 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone (313) 568–9564, 

or email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section 

COTP Captain of the Port 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b) (B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this swim event until there was 

insufficient time remaining before the 

event to publish an NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect participants, mariners and 

vessels from the hazards associated with 

this event. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would inhibit the Coast 

Guard’s ability to protect participants, 

mariners and vessels from the hazards 

associated with this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1233. 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 the 

swim portions of a triathlon 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. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation from 7 a.m. until 

11 a.m. on September 2, 2018. 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 Detroit River and Belle Isle 

Beach between the following two lines: 

The first line is drawn directly across 

the channel from position 42°20.517′ N, 

082°59.159′ W to 42°20.705′ N, 

082°59.233′ W (NAD 83); the second 

line, to the north, is drawn directly 


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40678 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 

across the channel from position 

42°20.754′ N, 082°58.681′ W to 

42°20.997′ N, 082°58.846′ W (NAD 83). 

An on-scene representative of the 

COTP 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 onscene representative may be contacted 

via VHF Channel 16 or at (313) 568– 

9560. 

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 a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-year of the special local 

regulation. Vessel traffic will be able to 

safely transit around this special local 

regulation zone which will impact a 

small designated area of the Detroit 

River from 7 a.m. to 11 a.m. on 

September 2, 2018. Moreover, the Coast 

Guard will issue Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the special local regulation and 

the rule allows vessels to seek 

permission to enter the area. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the special 

local regulation may be small entities, 

for the reasons stated in section V.A 

above, this rule will not have a 

significant economic impact on any 

vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

special local regulation lasting three 

hours that will prohibit entry into a 

designated area. It is categorically 

excluded from further review under 

paragraph L[61] of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. 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 


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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40679 

jeopardizing the safety or security of 

people, places or vessels. 

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; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T09–0732 to read as 

follows: 

§ 100.T09–0732 Special Local Regulation; 

Michigan Championships; Detroit River; 

Detroit, MI. 

(a) Location. A regulated area is 

established to encompass the following 

waterway: All waters of the Detroit 

River and Belle Isle Beach between the 

following two lines: The first line is 

drawn directly across the channel from 

position 42°20.517′ N, 082°59.159′ W to 

42°20.705′ N, 082°59.233′ W (NAD 83); 

the second line, to the north, is drawn 

directly across the channel from 

position 42°20.754′ N, 082°58.681′ W to 

42°20.997′ N, 082°58.846′ W (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 7 a.m. 

until 11 a.m. on September 2, 2018. 

(c) Special local regulations. (1) 

Vessels transiting through the regulated 

area are to maintain the minimum 

speeds for safe navigation. 

(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 

or at (313) 568–9560. 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 Detroit is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

Dated: August 10, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–17699 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0683] 

RIN 1625–AA00 

Safety Zone; Great Lakes Offshore 

Grand Prix, Lake Erie, Dunkirk, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Dunkirk Harbor, 

Lake Erie, Dunkirk, NY. This safety zone 

is intended to restrict vessels from 

portions of Dunkirk Harbor during the 

Great Lakes Offshore Grand Prix. This 

temporary safety zone is necessary to 

protect mariners and vessels from the 

navigational hazards associated with 

this regatta. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Buffalo. 

DATES: This rule is effective from 10:00 

a.m. on August 18, 2018 until 5:00 p.m. 

on August 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0683 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LTJG Sean Dolan, Chief of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On March 22, 2018, Dunkirk Local 

Development Corporation and Dunkirk 

Festivals notified the Coast Guard that 

it will conducting a professional high 

speed powerboat race from 10:00 a.m. 

until 5:00 p.m. on August 19, 2018. In 

response, on July 23, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Great Lakes 

Offshore Grand Prix; Lake Erie, Dunkirk, 

NY’’ (83 FR 34804, July 23, 2018). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this event. 

During the comment period that ended 

August 7, 2018, we received no 

comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the rule’s 

objectives of ensuring safety of life on 

the navigable waters and protection of 

persons and vessels in the vicinity of 

the planned event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Buffalo (COTP) has 

determined the Great Lakes Offshore 

Grand Prix presents significant risks to 

the public safety and property. This rule 

is needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the event takes place. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published July 

23, 2018. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 10:00 a.m. until 5:00 p.m. on 

August 19, 2018, with a rain date of 

August 18, 2018. The safety zone will 

encompass all navigable waters of Lake 

Erie, Dunkirk, NY starting at position 

42°29′37.7′′ N, 079°21′17.7′′ W then 

Northwest to 42°29′45.2′′ N, 

079°21′28.2′′ W then Northeast to 

42°30′15.0′′ N, 079°21′20.0′′ W then 

Northeast to 42°30′39.0′′ N, 079°19′46.0′′ 

W then Southeast to 42°30′09.3′′ N, 

079°19′03.1′′ W. The duration of the 

zone is intended to enhance the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

10:00 a.m. until 5:00 p.m. boat races. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. The Captain of the Port 

or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 


sradovich on DSK3GMQ082PROD with RULES