Special Local Regulation, Jacksonville Grand Prix of the Seas; St. Johns River, Jacksonville, FL, 22937-22939 [2016-08967]
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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(b) Collecting or storing classified or other
protected information in any unauthorized
location;
(c) Loading, drafting, editing, modifying,
storing, transmitting, or otherwise handling
classified reports, data, or other information
on any unapproved equipment including but
not limited to any typewriter, word
processor, or computer hardware, software,
drive, system, gameboard, handheld, ‘‘palm’’
or pocket device or other adjunct equipment;
(d) Inappropriate efforts to obtain or view
classified or other protected information
outside one’s need to know;
(e) Copying classified or other protected
information in a manner designed to conceal
or remove classification or other document
control markings;
(f) Viewing or downloading information
from a secure system when the information
is beyond the individual’s need to know;
(g) Any failure to comply with rules for the
protection of classified or other sensitive
information;
(h) Negligence or lax security habits that
persist despite counseling by management;
(i) Failure to comply with rules or
regulations that results in damage to the
National Security, regardless of whether it
was deliberate or negligent.
35. Conditions that could mitigate security
concerns include:
(a) So much time has elapsed since the
behavior, or it happened so infrequently or
under such unusual circumstances that it is
unlikely to recur or does not cast doubt on
the individual’s current reliability,
trustworthiness, or good judgment;
(b) The individual responded favorably to
counseling or remedial security training and
now demonstrates a positive attitude toward
the discharge of security responsibilities;
(c) The security violations were due to
improper or inadequate training.
GUIDELINE L: OUTSIDE ACTIVITIES
36. The Concern. Involvement in certain
types of outside employment or activities is
of security concern if it poses a conflict of
interest with an individual’s security
responsibilities and could create an increased
risk of unauthorized disclosure of classified
information.
37. Conditions that could raise a security
concern and may be disqualifying include:
(a) Any employment or service, whether
compensated or volunteer, with:
(1) The government of a foreign country;
(2) Any foreign national, organization, or
other entity;
(3) A representative of any foreign interest;
(4) Any foreign, domestic, or international
organization or person engaged in analysis,
discussion, or publication of material on
intelligence, defense, foreign affairs, or
protected technology;
(b) Failure to report or fully disclose an
outside activity when this is required.
38. Conditions that could mitigate security
concerns include:
(a) Evaluation of the outside employment
or activity by the appropriate security or
counterintelligence office indicates that it
does not pose a conflict with an individual’s
security responsibilities or with the national
security interests of the United States;
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(b) The individual terminates the
employment or discontinued the activity
upon being notified that it was in conflict
with his or her security responsibilities.
GUIDELINE M: USE OF INFORMATION
TECHNOLOGY SYSTEMS
39. The Concern. Noncompliance with
rules, procedures, guidelines or regulations
pertaining to information technology systems
may raise security concerns about an
individual’s reliability and trustworthiness,
calling into question the willingness or
ability to properly protect sensitive systems,
networks, and information. Information
Technology Systems include all related
computer hardware, software, firmware, and
data used for the communication,
transmission, processing, manipulation,
storage, or protection of information.
40. Conditions that could raise a security
concern and may be disqualifying include:
(a) Illegal or unauthorized entry into any
information technology system or component
thereof;
(b) Illegal or unauthorized modification,
destruction, manipulation or denial of access
to information, software, firmware, or
hardware in an information technology
system;
(c) Use of any information technology
system to gain unauthorized access to
another system or to a compartmented area
within the same system;
(d) Downloading, storing, or transmitting
classified information on or to any
unauthorized software, hardware, or
information technology system;
(e) Unauthorized use of a government or
other information technology system;
(f) Introduction, removal, or duplication of
hardware, firmware, software, or media to or
from any information technology system
without authorization, when prohibited by
rules, procedures, guidelines or regulations.
(g) Negligence or lax security habits in
handling information technology that persist
despite counseling by management;
(h) Any misuse of information technology,
whether deliberate or negligent, that results
in damage to the national security.
41. Conditions that could mitigate security
concerns include:
(a) So much time has elapsed since the
behavior happened, or it happened under
such unusual circumstances, that it is
unlikely to recur or does not cast doubt on
the individual’s reliability, trustworthiness,
or good judgment;
(b) The misuse was minor and done only
in the interest of organizational efficiency
and effectiveness, such as letting another
person use one’s password or computer when
no other timely alternative was readily
available;
(c) The conduct was unintentional or
inadvertent and was followed by a prompt,
good-faith effort to correct the situation and
by notification of supervisor.
[FR Doc. 2016–08885 Filed 4–18–16; 8:45 am]
BILLING CODE 6450–01–P
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22937
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0048]
RIN 1625–AA08
Special Local Regulation, Jacksonville
Grand Prix of the Seas; St. Johns
River, Jacksonville, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary special local
regulation on the waters of the St. Johns
River near downtown Jacksonville, FL
during the 3rd Annual Jacksonville
Grand Prix of the Seas, a series of highspeed boat races. This action is
necessary to provide for the safety of life
on the navigable waters during the
event. This special local regulation will
be enforced daily on June 3rd and 4th
from 9 a.m. to 5 p.m. This proposed
rulemaking would prohibit persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port (COTP) Jacksonville 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 May 19, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0048 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:
If
you have questions about this proposed
rulemaking, call or email Lieutenant,
Allan Storm, Sector Jacksonville,
Waterways Management Division, U.S.
Coast Guard; telephone (904) 714–7616,
email Allan.H.Storm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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, Purpose, and Legal
Basis
On January 6, 2016, Powerboat P1–
USA, LLC notified the Coast Guard that
E:\FR\FM\19APP1.SGM
19APP1
22938
Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
it will conduct a series of high speed
boat races on the St. Johns River near
downtown Jacksonville, FL on June 3rd
and 4th, 2016. COTP Jacksonville
determined that the potential hazards
associated with high speed boat races
necessitate the establishment of a
special local regulation.
The purpose of this rulemaking is to
ensure the safety of life on the navigable
waters of the United States by
prohibiting all vessels and persons not
participating in the event from entering
the regulated area. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a
special local regulation for the 3rd
Annual Jacksonville Grand Prix of the
Seas, a series of high-speed boat races.
The regulated area includes the waters
of the St. Johns River near downtown
Jacksonville, FL and it will be enforced
daily 9 a.m. to 5 p.m. on June 3rd and
4th, 2016. Approximately 10 high-speed
race boats are anticipated to participate
in the races. The regulated area would
encompass an area, located just
southeast of the Fuller-Warren Bridge
that is approximately 2,730 yards long
and approximately 1,215 yards wide. No
vessel or person would be permitted to
enter the regulated area without
obtaining permission from the COTP or
a designated representative. The
regulatory text we are proposing appears
at the end of this document.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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.
The Coast Guard has determined that
this NPRM is not a significant regulatory
action for the following reasons: (1) The
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special local regulation would be
enforced for a total of only 16 hours
over the course of two days; (2) although
persons and vessels would not be able
to enter, transit through, anchor in, or
remain within the regulated area
without authorization from the COTP
Jacksonville or a designated
representative, they would be able to
operate in the surrounding area during
the enforcement period; (3) persons and
vessels would still be able to enter,
transit through, anchor in, or remain
within the regulated if authorized by the
COTP Jacksonville or a designated
representative; and (4) the Coast Guard
would provide advance notification of
the special local regulation to the local
maritime community via Broadcast
Notice to Mariners or by on-scene
designated representative.
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.
While some owners or operators of
vessels intending to transit through the
regulated area may be small entities, for
the reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
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
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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
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Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Proposed Rules
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a special local regulation that
would prohibit persons and vessels
from transiting through an
approximated 2,730 yard by 1,215 yard
regulated area during a two day racing
event lasting eight hours daily.
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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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
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
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17:42 Apr 18, 2016
Jkt 238001
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:
■
22939
designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Jacksonville or designated
representative.
(3) The Coast Guard will provide
notice of the regulated area through
Broadcast Notice to Mariners via VHF–
FM channel 16 or by on-scene
designated representatives.
(d) Enforcement Period. This section
will be enforced daily 9 a.m. to 5 p.m.
on June 3rd and 4th, 2016.
Dated: April 12, 2016.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2016–08967 Filed 4–18–16; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 1233.
2. Add § 100.35T07–0048 to read as
follows:
■
§ 100.35T07–0048 Special Local
Regulation, Jacksonville Grand Prix of the
Seas; St. Johns River, Jacksonville, FL.
(a) Regulated Area. The following
regulated area is a special local
regulation located on the waters of the
St. Johns River near downtown
Jacksonville, FL. All waters of the St.
Johns River encompassed within the
following points: Starting at Point 1 in
position 30°18.647′ N., 081°40.450′ W.;
thence southeast to Point 2 in position
30°18.551′ N., 081°40.120′ W.; thence
southwest to Point 3 in position
30°17.212′ N., 081°40.424′ W.; thence
northwest to Point 4 in position
30°17.399′ N., 081°41.088′ W.; thence
northeast to Point 5 in position
30°18.436′ N., 081°40.701′ W.; thence
northeast back to origin. These
coordinates are based on North
American Datum 1983.
(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 (COTP) Jacksonville
in the enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP
Jacksonville or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP Jacksonville by
telephone at 904–714–7557, or a
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket Number USCG–2015–1118]
RIN 1625–AA01
Anchorage Grounds; Lower
Chesapeake Bay, Cape Charles, VA
Coast Guard, DHS.
Advance notice of proposed
rulemaking.
AGENCY:
ACTION:
The Coast Guard is
considering amending the regulations
for Hampton Roads, VA and adjacent
waters anchorages by establishing a new
anchorage, near Cape Charles, VA on
the Lower Chesapeake Bay. This
advance notice of proposed rulemaking
(ANPRM) provides information relevant
to, and solicits public comment on the
possible creation of a Federal anchorage
west of Cape Charles, VA on the
Chesapeake Bay. Port of Virginia
infrastructure improvements and growth
in commercial vessel traffic entering the
port, including large and deep-draft
vessels have prompted this solicitation
for comments on a potential proposed
rulemaking. If the Coast Guard proceeds
with a proposed rulemaking, the
intended effect would be to ensure that
the Hampton Roads Anchorage Grounds
continue to safely support current and
future maritime commerce and
commercial vessel anchoring needs. We
invite your comments on this ANPRM.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 18, 2016.
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22937-22939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08967]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0048]
RIN 1625-AA08
Special Local Regulation, Jacksonville Grand Prix of the Seas;
St. Johns River, Jacksonville, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation on the waters of the St. Johns River near downtown
Jacksonville, FL during the 3rd Annual Jacksonville Grand Prix of the
Seas, a series of high-speed boat races. This action is necessary to
provide for the safety of life on the navigable waters during the
event. This special local regulation will be enforced daily on June 3rd
and 4th from 9 a.m. to 5 p.m. This proposed rulemaking would prohibit
persons and vessels from being in the regulated area unless authorized
by the Captain of the Port (COTP) Jacksonville 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 May 19, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0048 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 Lieutenant, Allan Storm, Sector
Jacksonville, Waterways Management Division, U.S. Coast Guard;
telephone (904) 714-7616, email Allan.H.Storm@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
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 6, 2016, Powerboat P1-USA, LLC notified the Coast Guard
that
[[Page 22938]]
it will conduct a series of high speed boat races on the St. Johns
River near downtown Jacksonville, FL on June 3rd and 4th, 2016. COTP
Jacksonville determined that the potential hazards associated with high
speed boat races necessitate the establishment of a special local
regulation.
The purpose of this rulemaking is to ensure the safety of life on
the navigable waters of the United States by prohibiting all vessels
and persons not participating in the event from entering the regulated
area. The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation for the
3rd Annual Jacksonville Grand Prix of the Seas, a series of high-speed
boat races. The regulated area includes the waters of the St. Johns
River near downtown Jacksonville, FL and it will be enforced daily 9
a.m. to 5 p.m. on June 3rd and 4th, 2016. Approximately 10 high-speed
race boats are anticipated to participate in the races. The regulated
area would encompass an area, located just southeast of the Fuller-
Warren Bridge that is approximately 2,730 yards long and approximately
1,215 yards wide. No vessel or person would be permitted to enter the
regulated area without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
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.
The Coast Guard has determined that this NPRM is not a significant
regulatory action for the following reasons: (1) The special local
regulation would be enforced for a total of only 16 hours over the
course of two days; (2) although persons and vessels would not be able
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the COTP Jacksonville or a designated
representative, they would be able to operate in the surrounding area
during the enforcement period; (3) persons and vessels would still be
able to enter, transit through, anchor in, or remain within the
regulated if authorized by the COTP Jacksonville or a designated
representative; and (4) the Coast Guard would provide advance
notification of the special local regulation to the local maritime
community via Broadcast Notice to Mariners or by on-scene designated
representative.
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.
While some owners or operators of vessels intending to transit
through the regulated area may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
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
[[Page 22939]]
do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves a special local
regulation that would prohibit persons and vessels from transiting
through an approximated 2,730 yard by 1,215 yard regulated area during
a two day racing event lasting eight hours daily. 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 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 Sec. 100.35T07-0048 to read as follows:
Sec. 100.35T07-0048 Special Local Regulation, Jacksonville Grand Prix
of the Seas; St. Johns River, Jacksonville, FL.
(a) Regulated Area. The following regulated area is a special local
regulation located on the waters of the St. Johns River near downtown
Jacksonville, FL. All waters of the St. Johns River encompassed within
the following points: Starting at Point 1 in position 30[deg]18.647'
N., 081[deg]40.450' W.; thence southeast to Point 2 in position
30[deg]18.551' N., 081[deg]40.120' W.; thence southwest to Point 3 in
position 30[deg]17.212' N., 081[deg]40.424' W.; thence northwest to
Point 4 in position 30[deg]17.399' N., 081[deg]41.088' W.; thence
northeast to Point 5 in position 30[deg]18.436' N., 081[deg]40.701' W.;
thence northeast back to origin. These coordinates are based on North
American Datum 1983.
(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 (COTP) Jacksonville in the enforcement of the
regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Jacksonville or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP
Jacksonville by telephone at 904-714-7557, or a designated
representative via VHF-FM radio on channel 16 to request authorization.
If authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Jacksonville or designated representative.
(3) The Coast Guard will provide notice of the regulated area
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
(d) Enforcement Period. This section will be enforced daily 9 a.m.
to 5 p.m. on June 3rd and 4th, 2016.
Dated: April 12, 2016.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-08967 Filed 4-18-16; 8:45 am]
BILLING CODE 9110-04-P
