Special Local Regulations; Temporary Change for Recurring Marine Event in the Fifth Coast Guard District, 42069-42072 [2015-17456]
Download as PDF
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
Regulations (14 CFR) part 71 to amend
Class E surface area airspace at
Mercedita Airport, Ponce, PR. Airspace
reconfiguration to within a 4.1-mile
radius of the airport is necessary due to
the decommissioning of the Ponce
VORTAC and cancellation of the VOR
approach, and for continued safety and
management of IFR operations at the
airport.
Class E Airspace Designated as
Surface Areas are published in
Paragraph 6002 of FAA Order 7400.9Y,
dated August 6, 2014, and effective
September 15, 2014, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal would be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
tkelley on DSK3SPTVN1PROD with PROPOSALS
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
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Jkt 235001
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, dated August 6, 2014, effective
September 15, 2014, is amended as
follows:
■
Paragraph 6002 Class E Airspace
Designated as Surface Areas
*
*
*
*
*
ASO PR E2 Ponce, PR [Amended]
Mercedita Airport, PR
(Lat. 18°00′30″ N., long. 66°33′4″ W.)
Within a 4.1-mile radius of Mercedita
Airport. This Class E airspace is effective
during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Airport/Facility Directory.
Issued in College Park, Georgia, on July 6,
2015.
Gerald E. Lynch,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2015–17272 Filed 7–15–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 573
[Docket No. FDA–2015–F–2337]
Alzchem AG; Filing of Food Additive
Petition (Animal Use)
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of petition.
The Food and Drug
Administration (FDA) is announcing
that Alzchem AG has filed a petition
proposing that the food additive
regulations be amended to provide for
the safe use of guanidinoacetic acid as
a substance that spares arginine and
serves as a precursor of creatine in diets
for broiler chickens and turkeys.
DATES: Submit either electronic or
written comments on the petitioner’s
request for categorical exclusion from
preparing an environmental assessment
or environmental impact statement by
August 17, 2015.
ADDRESSES: Submit electronic
comments to: https://
www.regulations.gov. Submit written
comments to the Division of Dockets
SUMMARY:
PO 00000
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42069
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Chelsea Trull, Center for Veterinary
Medicine, Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–402–6729.
SUPPLEMENTARY INFORMATION: Under the
Federal Food, Drug, and Cosmetic Act
(section 409(b)(5) (21 U.S.C. 348(b)(5)),
notice is given that a food additive
petition (FAP 2292) has been filed by
Alzchem AG, Chemiepark Trostberg,
Dr.-Albert-Frank-Str. 32, 83308,
Trostberg, Germany. The petition
proposes to amend Title 21 of the Code
of Federal Regulations (CFR) in part 573
Food Additives Permitted in Feed and
Drinking Water of Animals (21 CFR part
573) to provide for the safe use of
guanidinoacetic acid as a substance that
spares arginine and serves as a
precursor of creatine in diets for broiler
chickens and turkeys. The petitioner has
requested a categorical exclusion from
preparing an environmental assessment
or environmental impact statement
under 21 CFR 25.32(r).
Interested persons may submit either
electronic or written comments
regarding this request for categorical
exclusion to the Division of Dockets
Management (see DATES and
ADDRESSES). It is only necessary to send
one set of comments. Identify comments
with the docket number found in
brackets in the heading of this
document. Received comments may be
seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday, and will be
posted to the docket at https://
www.regulations.gov.
Dated: July 10, 2015.
William T. Flynn,
Acting Director, Center for Veterinary
Medicine.
[FR Doc. 2015–17379 Filed 7–15–15; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0400]
RIN 1625–AA08
Special Local Regulations; Temporary
Change for Recurring Marine Event in
the Fifth Coast Guard District
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
The Coast Guard proposes to
temporarily change the enforcement
periods of special local regulations for a
recurring marine event in the Fifth
Coast Guard District. This regulation
applies to the ‘‘Ocean City Maryland
Offshore Grand Prix’’ power boat race,
a recurring marine event held on the
North Atlantic Ocean near Ocean City,
MD, and would be effective from
October 3, 2015, to October 4, 2015.
Special local regulations are necessary
to provide for the safety of life on
navigable waters during the event. This
action is intended to restrict vessel
traffic in a portion of the North Atlantic
Ocean near Ocean City, MD during the
event.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 17, 2015.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, U.S. Coast
Guard Sector Baltimore, MD; telephone
410–576–2674, email Ronald.L.Houck@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
tkelley on DSK3SPTVN1PROD with PROPOSALS
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
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www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0400] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0400) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
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3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The regulation listing annual marine
events within the Fifth Coast Guard
District and their regulated dates is 33
CFR 100.501. The Table to § 100.501
identifies marine events by Captain of
the Port zone, with the COTP Baltimore
zone listed in section ‘‘(b)’’ of the Table.
For a description of the geographical
area of each Coast Guard Sector—
Captain of the Port Zone, please see 33
CFR 3.25. The Table to § 100.501, at
section (b) event Number ‘‘21’’ describes
the enforcement dates and regulated
location for this marine event. The dates
of the event as published are May 2nd
and 3rd (Saturday and Sunday) or May
9th and 10th (Saturday and Sunday).
C. Basis and Purpose
The legal basis and authorities for this
rulemaking establishing a special local
regulation are found in 33 U.S.C. 1233,
which authorize the Coast Guard to
establish and define special local
regulations. The Captain of the Port
Baltimore is promulgating this
regulation for the waters of the North
Atlantic Ocean, near Ocean City, MD to
protect event participants, spectators
and transiting vessels.
D. Discussion of Proposed Rule
Event planners notified the Coast
Guard of date changes during 2015 for
the ‘‘Ocean City Maryland Offshore
Grand Prix’’ marine event that is listed
at 33 CFR 100.501, Table to § 100.501.
The event consists of approximately 40
participating offshore race boats, 22 to
50 feet in length, operating in various
classes on a marked course on the
waters of the North Atlantic Ocean at
Ocean City, MD. This regulation will
temporarily change the enforcement
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
periods for this marine event for 2015
only. The dates for 2015 are October 3,
2015, and October 4, 2015.
The Coast Guard proposes to
temporarily suspend the regulation
listed at section (b.) line No. 21 in the
Table to § 100.501 and insert this
temporary regulation at the Table to
§ 100.501 at section (b.) line No. 24 in
order to reflect the correct dates for this
year’s event. This change is needed to
accommodate the change in dates of the
Ocean City Maryland Offshore Grand
Prix. No other portion of the Table to
§ 100.501 or other provisions in
§ 100.501 shall be affected by this
regulation. The regulation will be
enforced from 10:30 a.m. to 5:30 p.m. on
October 3, 2015 and from 10:30 a.m. to
5:30 p.m. on October 4, 2015. In
addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners and marine information
broadcasts.
tkelley on DSK3SPTVN1PROD with PROPOSALS
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
The economic impact of this rule is
not significant for the following reasons:
(i) The regulated area will only be in
effect from 10:30 a.m. to 5:30 p.m. on
October 3, 2015 and from 10:30 a.m. to
5:30 p.m. on October 4, 2015; (ii) the
regulated area has been narrowly
tailored to impose the least impact on
general navigation, yet provide the level
of safety deemed necessary; and (iii)
advance notifications will be made to
the maritime community via marine
information broadcasts and local notices
to mariners, so mariners can adjust their
plans accordingly. Additionally, this
rulemaking does not change the
permanent regulated areas that have
been published in 33 CFR 100.501,
Table to § 100.501. For the above
reasons, the Coast Guard does not
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anticipate any significant economic
impact.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to operate
or transit through or within, or anchor
in, the area where the marine event is
being held. This regulation will not
have a significant impact on a
substantial number of small entities
because it will be enforced only during
a marine event that has been permitted
by the Coast Guard Captain of the Port.
This proposed rule will not have a
significant economic impact on a
substantial number of small entities for
the reasons provided under Regulatory
Planning and Review.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. 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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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42071
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed 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.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves 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. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. A preliminary
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
proposed 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 proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
■
■
2. In the Table to § 100.501:
a. Suspend line No. (b.)21; and
b. Add line No. (b.)24.
The addition reads as follows:
§ 100.501 Special Local Regulations;
Recurring Marine Event in the Fifth Coast
Guard District.
*
*
*
*
*
TABLE TO § 100.501
[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]
No.
Date
*
Event
*
Sponsor
*
Location
*
*
*
*
(b.) Coast Guard Sector Baltimore—COTP Zone
*
24 ...........
*
October 3 and 4,
2015.
*
*
Ocean City Maryland Offshore
Grand Prix.
*
*
Offshore Performance Assn. Racing, LLC.
*
Dated: June 23, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2015–17456 Filed 7–15–15; 8:45 am]
BILLING CODE 9110–04–P
*
*
*
The waters of the North Atlantic Ocean commencing at a point
on the shoreline at latitude 38°25′42″ N., longitude
075°03′06″ W.; thence east southeast to latitude 38°25′30″
N., longitude 075°02′12″ W., thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N.,
longitude 075°03′48″ W.; thence west northwest to the
shoreline at latitude 38°19′30″ N., longitude 075°05′00″ W.
*
*
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
tkelley on DSK3SPTVN1PROD with PROPOSALS
[Docket Number USCG–2015–0563]
RIN 1625–AA00
Safety Zone, Indian River Bay;
Millsboro, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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*
*
The Coast Guard proposes to
establish a temporary safety zone on the
waters of Indian River Bay adjacent to
Millsboro, Delaware. The safety zone
will restrict vessel traffic on Indian
River Bay in the vicinity of a fireworks
barge on August 22 and September 26,
2015, from 8:45 p.m. until 10:15 p.m. on
each day. Should inclement weather
require cancellation of the fireworks
display on the above scheduled dates,
the safety zone will be enforced from
8:45 p.m. to 10:15 p.m. on August 23
and September 27, 2015. This safety
zone is necessary to protect the
surrounding public and vessels from the
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42069-42072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17456]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0400]
RIN 1625-AA08
Special Local Regulations; Temporary Change for Recurring Marine
Event in the Fifth Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 42070]]
SUMMARY: The Coast Guard proposes to temporarily change the enforcement
periods of special local regulations for a recurring marine event in
the Fifth Coast Guard District. This regulation applies to the ``Ocean
City Maryland Offshore Grand Prix'' power boat race, a recurring marine
event held on the North Atlantic Ocean near Ocean City, MD, and would
be effective from October 3, 2015, to October 4, 2015. Special local
regulations are necessary to provide for the safety of life on
navigable waters during the event. This action is intended to restrict
vessel traffic in a portion of the North Atlantic Ocean near Ocean
City, MD during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before August 17, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone 410-576-2674, email Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0400] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0400) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The regulation listing annual marine events within the Fifth Coast
Guard District and their regulated dates is 33 CFR 100.501. The Table
to Sec. 100.501 identifies marine events by Captain of the Port zone,
with the COTP Baltimore zone listed in section ``(b)'' of the Table.
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25. The Table to Sec.
100.501, at section (b) event Number ``21'' describes the enforcement
dates and regulated location for this marine event. The dates of the
event as published are May 2nd and 3rd (Saturday and Sunday) or May 9th
and 10th (Saturday and Sunday).
C. Basis and Purpose
The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations. The
Captain of the Port Baltimore is promulgating this regulation for the
waters of the North Atlantic Ocean, near Ocean City, MD to protect
event participants, spectators and transiting vessels.
D. Discussion of Proposed Rule
Event planners notified the Coast Guard of date changes during 2015
for the ``Ocean City Maryland Offshore Grand Prix'' marine event that
is listed at 33 CFR 100.501, Table to Sec. 100.501. The event consists
of approximately 40 participating offshore race boats, 22 to 50 feet in
length, operating in various classes on a marked course on the waters
of the North Atlantic Ocean at Ocean City, MD. This regulation will
temporarily change the enforcement
[[Page 42071]]
periods for this marine event for 2015 only. The dates for 2015 are
October 3, 2015, and October 4, 2015.
The Coast Guard proposes to temporarily suspend the regulation
listed at section (b.) line No. 21 in the Table to Sec. 100.501 and
insert this temporary regulation at the Table to Sec. 100.501 at
section (b.) line No. 24 in order to reflect the correct dates for this
year's event. This change is needed to accommodate the change in dates
of the Ocean City Maryland Offshore Grand Prix. No other portion of the
Table to Sec. 100.501 or other provisions in Sec. 100.501 shall be
affected by this regulation. The regulation will be enforced from 10:30
a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m.
on October 4, 2015. In addition to notice in the Federal Register, the
maritime community will be provided extensive advance notification via
the Local Notice to Mariners and marine information broadcasts.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (i) The regulated area will only be in effect from
10:30 a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30
p.m. on October 4, 2015; (ii) the regulated area has been narrowly
tailored to impose the least impact on general navigation, yet provide
the level of safety deemed necessary; and (iii) advance notifications
will be made to the maritime community via marine information
broadcasts and local notices to mariners, so mariners can adjust their
plans accordingly. Additionally, this rulemaking does not change the
permanent regulated areas that have been published in 33 CFR 100.501,
Table to Sec. 100.501. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to operate or transit through or within, or anchor in, the
area where the marine event is being held. This regulation will not
have a significant impact on a substantial number of small entities
because it will be enforced only during a marine event that has been
permitted by the Coast Guard Captain of the Port. This proposed rule
will not have a significant economic impact on a substantial number of
small entities for the reasons provided under Regulatory Planning and
Review.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. 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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 42072]]
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves 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. This rule is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. A preliminary 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 proposed 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 proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. In the Table to Sec. 100.501:
0
a. Suspend line No. (b.)21; and
0
b. Add line No. (b.)24.
The addition reads as follows:
Sec. 100.501 Special Local Regulations; Recurring Marine Event in the
Fifth Coast Guard District.
* * * * *
Table to Sec. 100.501
[All coordinates listed in the Table to Sec. 100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
No. Date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(b.) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
24.............. October 3 and 4, Ocean City Offshore The waters of the North Atlantic
2015. Maryland Offshore Performance Assn. Ocean commencing at a point on
Grand Prix. Racing, LLC. the shoreline at latitude
38[deg]25'42'' N., longitude
075[deg]03'06'' W.; thence east
southeast to latitude
38[deg]25'30'' N., longitude
075[deg]02'12'' W., thence south
southwest parallel to the Ocean
City shoreline to latitude
38[deg]19'12'' N., longitude
075[deg]03'48'' W.; thence west
northwest to the shoreline at
latitude 38[deg]19'30'' N.,
longitude 075[deg]05'00'' W.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 23, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-17456 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P