Special Local Regulations; Fajardo Offshore Challenge; Rada Fajardo; Fajardo, Puerto Rico, 10557-10559 [2016-04409]
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules
PART 864—HEMATOLOGY AND
PATHOLOGY DEVICES
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for 21 CFR
part 864 continues to read as follows:
Coast Guard
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
33 CFR Part 100
[Docket Number USCG–2016–0134]
■
RIN 1625–AA08
§ 864.9165 Blood establishment computer
software and accessories.
Special Local Regulations; Fajardo
Offshore Challenge; Rada Fajardo;
Fajardo, Puerto Rico
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
2. In subpart J, add § 864.9165 to read
as follows:
(a) Identification. Blood establishment
computer software (BECS) and BECS
accessories are devices used in the
manufacture of blood and blood
components to assist in the prevention
of disease in humans by identifying
ineligible donors, by preventing the
release of unsuitable blood and blood
components for transfusion or for
further manufacturing into products for
human treatment or diagnosis, by
performing compatibility testing
between donor and recipient, or by
performing positive identification of
patients and blood components at the
point of transfusion to prevent
transfusion reactions. A BECS accessory
is intended for use with BECS to
augment its performance or to expand or
modify its indications for use.
(b) Classification—Class II (special
controls). The special controls for these
devices are:
(1) Software performance and
functional requirements including
detailed design specifications (e.g.,
algorithms or control characteristics,
alarms, device limitations, and safety
requirements).
(2) Verification and validation testing
and hazard analysis must be performed.
(3) Labeling must include:
(i) Software limitations;
(ii) Unresolved anomalies, annotated
with an explanation of the impact on
safety or effectiveness;
(iii) Revision history; and
(iv) Hardware and peripheral
specifications.
(4) Traceability matrix must be
performed.
(5) Performance testing to ensure the
safety and effectiveness of the system
must be performed, including when
adding new functional requirements
(e.g., electrical safety, electromagnetic
compatibility, or wireless coexistence).
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation on
the waters of Rada Fajardo in Fajardo,
Puerto Rico during the Fajardo Offshore
Challenge, a high speed boat race. The
event is scheduled to take place on
Sunday, April 4, 2016. Approximately
30 high-speed power boats will be
participating in the races. The special
local regulation is necessary for the
safety of the race participants,
participant vessels, and the general
public during the event. The special
local regulation would establish the
following two areas: one race area,
where all persons and vessels, except
those persons and vessels participating
in the high-speed boat races, are
prohibited from entering, transiting
through, anchoring in, or remaining
within; and a buffer zone around the
race area, where all persons and vessels,
except those persons and vessels
enforcing the buffer zone, are prohibited
from entering, transiting through,
anchoring in, or remaining within
unless authorized by the Captain of the
Port San Juan or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 21, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0134 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
[FR Doc. 2016–04411 Filed 2–29–16; 8:45 am]
If
you have questions about this proposed
rulemaking, call or email Mr. Efrain
Lopez, Sector San Juan Prevention
Department, Coast Guard; telephone
(787) 289–2097, email efrain.lopez1@
uscg.mil.
BILLING CODE 4164–01–P
SUPPLEMENTARY INFORMATION:
Dated: February 24, 2016.
Leslie Kux,
Associate Commissioner for Policy.
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FOR FURTHER INFORMATION CONTACT:
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10557
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 4, 2016, Puerto Rico
Offshore Series, Inc. is sponsoring the
Fajardo Offshore Challenge, a series of
high-speed boat races. The races will be
held on the waters of Rada Fajardo in
Fajardo, Puerto Rico. Approximately 30
high-speed power boats and PWCs will
be participating in the races.
The purpose of this proposed
rulemaking is to ensure the safety of
vessels and the navigable waters within
the regulated areas before, during, and
after the scheduled event. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The special local regulation
encompass certain waters of Rada
Fajardo in Fajardo, Puerto Rico. The
proposed special local regulation would
be enforced from 10 a.m. until 4 p.m. on
April 4, 2016. The special local
regulation consist of the following two
areas: (1) A race area, where all persons
and vessels, except those persons and
vessels participating in the high-speed
boat races, are prohibited from entering,
transiting through, anchoring in, or
remaining within; and (2) a buffer zone
around the race area, where all persons
and vessels, except those persons and
vessels enforcing the buffer zone, are
prohibited from entering, transiting
through, anchoring in, or remaining
within unless authorized by the Captain
of the Port San Juan or a designated
representative. Persons and vessels may
request authorization to enter, transit
through, anchor in, or remain within the
race area or buffer zone by contacting
the Captain of the Port San Juan by
telephone at (787) 289–2041, or a
designated representative via VHF radio
on channel 16. If authorization to enter,
transit through, anchor in, or remain
within the race area or buffer zone is
granted by the Captain of the Port San
Juan or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
San Juan or a designated representative.
The Coast Guard will provide notice of
the special local regulation by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. The economic impact of this
proposed rule is not significant for the
following reasons: (1) The special local
regulation will be enforced for only six
hours; (2) although persons and vessels
will not be able to enter, transit through,
anchor in, or remain within the race
area and buffer zone without
authorization from the Captain of the
Port San Juan or a designated
representative, they may operate in the
surrounding area during the
enforcement period; and (3) the Coast
Guard will provide advance notification
of the Special Local Regulation to the
local maritime community by Local
Notice to Mariners and Broadcast Notice
to Mariners.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to enter, transit
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Jkt 238001
through, anchor in, or remain within
that portion of Rada Fajardo in Fajardo
encompassed within the special local
regulations from 10 a.m. until 4 p.m. on
April 4, 2016.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule would
implement a special local regulation
lasting less than 6 hours that would
prohibit entry from non-participants
and persons or vessels not involved in
the event from enter in, transiting
through, anchoring in, or remaining
within the race area or buffer zone.
Normally such actions are categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of
Commandant Instruction M16475.lD. A
preliminary environmental analysis
checklist and 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.
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
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
E:\FR\FM\01MRP1.SGM
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Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Proposed Rules
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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. Add a temporary 33 CFR
100.35T07–0134 to read as follows:
■
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
§ 100.35T07–0134 Special Local
Regulations; International Dinghy Regatta;
San Juan Harbor, Puerto Rico.
(a) Regulated Areas. The following
regulated areas are established as
Special Local Regulations. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of Rada
Fajardo, Fajardo, Puerto Rico
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 18°21.433′ N,
65°37.242′ W; thence southeast to Point
2 in position 18°21.402′ N, 65°37.162′
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W; thence northeast to Point 3 in
position 18°22.937′ N, 65°36.358′ W;
thence northwest to point 4 in position
18°22.980′ N, 65°36.492′ W; thence
northwest back to origin. All persons
and vessels, except those persons and
vessels participating in the high-speed
boat race, are prohibited from entering,
transiting through, anchoring in, or
remaining within the race area.
(2) Buffer Zone. All waters of Rada
Fajardo, Fajardo, Puerto Rico
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 18°21.425′ N,
65°37.277′ W; thence southeast to Point
2 in position 18°21.366′ N, 65°37.158′
W; thence northeast to Point 3 in
position 18°22.951′ N, 65°36.314′ W;
thence northwest to point 4 in position
18°23.017′ N, 65°36.507′ W; thence
southwest back to the origin. All
persons and vessels except those
persons and vessels enforcing the buffer
zone are prohibited from entering,
transiting through, anchoring in, or
remaining within the buffer zone.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port San Juan in the
enforcement of the regulated areas.
(c) Regulations. (1) Persons and
vessels may request authorization to
enter, transit through, anchor in, or
remain within the regulated areas by
contacting the Captain of the Port San
Juan by telephone at (787) 289–2041, or
a designated representative via VHF
radio on channel 16. If authorization is
granted by the Captain of the Port San
Juan or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the Captain of the Port
San Juan or a designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule is
enforced from 10 a.m. until 4 p.m. on
April 4, 2016.
Dated: February 24, 2016.
R. W. Warren,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2016–04409 Filed 2–29–16; 8:45 am]
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10559
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2016–0014; FRL–9943–01Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Wyoming; Revisions to Wyoming Air
Quality Standards and Regulations;
Chapter 6, Permitting Requirements,
Section 13, Nonattainment New Source
Review Permit Requirements, and
Section 14, Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Wyoming on November 6, 2015. This
submittal revises the Wyoming Air
Quality Standards and Regulations
(WAQSR) that pertain to the issuance of
Wyoming air quality permits for major
sources in nonattainment areas. This
action is being taken under section 110
of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 31, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2016–0014 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Proposed Rules]
[Pages 10557-10559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04409]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0134]
RIN 1625-AA08
Special Local Regulations; Fajardo Offshore Challenge; Rada
Fajardo; Fajardo, Puerto Rico
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of Rada Fajardo in Fajardo, Puerto Rico during
the Fajardo Offshore Challenge, a high speed boat race. The event is
scheduled to take place on Sunday, April 4, 2016. Approximately 30
high-speed power boats will be participating in the races. The special
local regulation is necessary for the safety of the race participants,
participant vessels, and the general public during the event. The
special local regulation would establish the following two areas: one
race area, where all persons and vessels, except those persons and
vessels participating in the high-speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; and a
buffer zone around the race area, where all persons and vessels, except
those persons and vessels enforcing the buffer zone, are prohibited
from entering, transiting through, anchoring in, or remaining within
unless authorized by the Captain of the Port San Juan or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 21, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0134 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Efrain Lopez, Sector San Juan
Prevention Department, Coast Guard; telephone (787) 289-2097, email
efrain.lopez1@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
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On April 4, 2016, Puerto Rico Offshore Series, Inc. is sponsoring
the Fajardo Offshore Challenge, a series of high-speed boat races. The
races will be held on the waters of Rada Fajardo in Fajardo, Puerto
Rico. Approximately 30 high-speed power boats and PWCs will be
participating in the races.
The purpose of this proposed rulemaking is to ensure the safety of
vessels and the navigable waters within the regulated areas before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The special local regulation encompass certain waters of Rada
Fajardo in Fajardo, Puerto Rico. The proposed special local regulation
would be enforced from 10 a.m. until 4 p.m. on April 4, 2016. The
special local regulation consist of the following two areas: (1) A race
area, where all persons and vessels, except those persons and vessels
participating in the high-speed boat races, are prohibited from
entering, transiting through, anchoring in, or remaining within; and
(2) a buffer zone around the race area, where all persons and vessels,
except those persons and vessels enforcing the buffer zone, are
prohibited from entering, transiting through, anchoring in, or
remaining within unless authorized by the Captain of the Port San Juan
or a designated representative. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone by contacting the Captain of the Port San
Juan by telephone at (787) 289-2041, or a designated representative via
VHF radio on channel 16. If authorization to enter, transit through,
anchor in, or remain within the race area or buffer zone is granted by
the Captain of the Port San Juan or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port San Juan or a designated
representative. The Coast Guard will provide notice of the special
local regulation by Local Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated representatives.
[[Page 10558]]
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
The economic impact of this proposed rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only six hours; (2) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the race area
and buffer zone without authorization from the Captain of the Port San
Juan or a designated representative, they may operate in the
surrounding area during the enforcement period; and (3) the Coast Guard
will provide advance notification of the Special Local Regulation to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Rada
Fajardo in Fajardo encompassed within the special local regulations
from 10 a.m. until 4 p.m. on April 4, 2016.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule would implement a
special local regulation lasting less than 6 hours that would prohibit
entry from non-participants and persons or vessels not involved in the
event from enter in, transiting through, anchoring in, or remaining
within the race area or buffer zone. Normally such actions are
categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and 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.
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 jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you
[[Page 10559]]
submit a comment, please include the docket number for this rulemaking,
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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. Add a temporary 33 CFR 100.35T07-0134 to read as follows:
Sec. 100.35T07-0134 Special Local Regulations; International Dinghy
Regatta; San Juan Harbor, Puerto Rico.
(a) Regulated Areas. The following regulated areas are established
as Special Local Regulations. All coordinates are North American Datum
1983.
(1) Race Area. All waters of Rada Fajardo, Fajardo, Puerto Rico
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 18[deg]21.433' N, 65[deg]37.242' W;
thence southeast to Point 2 in position 18[deg]21.402' N,
65[deg]37.162' W; thence northeast to Point 3 in position
18[deg]22.937' N, 65[deg]36.358' W; thence northwest to point 4 in
position 18[deg]22.980' N, 65[deg]36.492' W; thence northwest back to
origin. All persons and vessels, except those persons and vessels
participating in the high-speed boat race, are prohibited from
entering, transiting through, anchoring in, or remaining within the
race area.
(2) Buffer Zone. All waters of Rada Fajardo, Fajardo, Puerto Rico
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 18[deg]21.425' N, 65[deg]37.277' W;
thence southeast to Point 2 in position 18[deg]21.366' N,
65[deg]37.158' W; thence northeast to Point 3 in position
18[deg]22.951' N, 65[deg]36.314' W; thence northwest to point 4 in
position 18[deg]23.017' N, 65[deg]36.507' W; thence southwest back to
the origin. All persons and vessels except those persons and vessels
enforcing the buffer zone are prohibited from entering, transiting
through, anchoring in, or remaining within the buffer zone.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port San Juan in the enforcement of the regulated areas.
(c) Regulations. (1) Persons and vessels may request authorization
to enter, transit through, anchor in, or remain within the regulated
areas by contacting the Captain of the Port San Juan by telephone at
(787) 289-2041, or a designated representative via VHF radio on channel
16. If authorization is granted by the Captain of the Port San Juan or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port San Juan or a designated representative.
(2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement Date. This rule is enforced from 10 a.m. until 4
p.m. on April 4, 2016.
Dated: February 24, 2016.
R. W. Warren,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2016-04409 Filed 2-29-16; 8:45 am]
BILLING CODE 9110-04-P