Safety Zone; Casco Bay Islands Swim/Run, Casco Bay, Portland, ME, 36243-36245 [2016-13342]
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules
assistance merger, the financial
assistance agreement, sections 4231 and
4261 of ERISA, and the regulations
thereunder.
(b) Financial assistance agreement.
PBGC may, upon providing notice to the
plan sponsor, make changes to the
financial assistance agreement in
response to changed circumstances
consistent with sections 4231 and 4261
of ERISA and the regulations
thereunder.
Issued in Washington, DC, this 25th day of
May, 2016.
W. Thomas Reeder,
Director, Pension Benefit Guaranty
Corporation.
[FR Doc. 2016–13083 Filed 6–2–16; 11:15 am]
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0329]
RIN 1625–AA00
Safety Zone; Casco Bay Islands Swim/
Run, Casco Bay, Portland, ME
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of Portland Harbor and
Casco Bay to be enforced during the
Casco Bay Islands Swim/Run marine
event. The event involves athletes
tethered together by a line in which they
will run and swim on and between eight
islands of the Casco Bay archipelago.
This safety zone will facilitate the
protection of the event participants,
their support vessels, and the maritime
public from the hazards associated with
the event. This proposed rulemaking
would prohibit persons and vessels
from entering into, transiting through,
mooring, or anchoring within this safety
zone during periods of enforcement
unless authorized by the Coast Guard
Sector Northern New England Captain
of the Port (COTP) or the COTP’s
designated representative. We invite
your comments on this proposed
rulemaking.
sradovich on DSK3TPTVN1PROD with PROPOSALS
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before July 6, 2016.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0329 using the Federal
eRulemaking Portal at https://
DATES:
VerDate Sep<11>2014
16:27 Jun 03, 2016
Jkt 238001
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 on this proposed
rulemaking, call or email MSTC Bains,
Sector Northern New England
Waterways Management Division, U.S.
Coast Guard; telephone 207–347–5003,
email Chris.D.Bains@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
II. Background, Purpose, and Legal
Basis
On December 15, 2015, the Coast
Guard was notified of a swimming and
running event that will occur within the
Casco Bay Islands archipelago from 7:30
a.m. to 11:00 a.m. on August 14, 2016.
The name of the marine event is called
the Casco Bay Islands Swim/Run.
Participants will begin the event with a
run on Great Chebeague Island to Little
Chebeague Island. From Little
Chebeague Island they will start the
swim/run process with a 470 yard swim
to Long Island. After a short run, the
athletes will swim an additional 900
yards on the east side of the island to
a point back on Long Island. Next, the
participants will swim 1,300 yards to
Cow Island and then an additional 540
yards to Great Diamond Island. From
Great Diamond Island, the participants
will swim 700 yards to Peaks Island,
then an additional 500 yards to another
point on the southern end of Peaks
Island. The participants will then swim
700 yards to House Island. From House
Island the participants will swim 800
yards to the Little Diamond Island
Landing. The final swim leg is a 650
yard swim from the Little Diamond
Island Landing back to Peaks Island.
Hazards associated with this marine
event include accidental collisions with
the event participants and the maritime
public. The COTP has determined that
potential hazards associated with the
marine event will be a safety concern for
event participants, the support vessels,
and the maritime public.
The purpose of this rulemaking is to
ensure the safety of event participants,
the support vessels, the maritime
public, and the navigable waters within
a 200-feet radius of the event
participants, during, and after the
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36243
scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone from 6:30 a.m. to
12:00 p.m. on August 14, 2016. The
safety zone would cover all navigable
waters within the geographic locations
specified in the regulatory text on the
navigable waters of Casco Bay, Portland,
Maine. Vessels not associated with the
event shall maintain a distance of at
least 200 feet from the participants. The
duration of the zone is intended to
ensure the safety of event participants,
support vessels, the maritime public,
and these navigable waters before,
during, and after the scheduled 7:30
a.m. to 11:00 a.m. event. No vessel or
person would be permitted to enter the
safety zone without first 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.
We expect the economic impact of
this rule to be minimal. This regulation
may have an impact on the general
public, but that potential impact will
likely be minimal for several reasons.
First, this safety zone will be in effect
for only five and a half hours in the
morning when vessel traffic is expected
to be light. In addition, vessels may
enter or pass through the safety zone
during an enforcement period with the
permission of the COTP or the
designated representative. Lastly, the
Coast Guard will provide notification to
the public through Broadcast Notice to
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36244
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules
Mariners and the Local Notice to
Mariners publication well in advance of
the event.
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 will not
have a significant economic impact on
a substantial number of small entities.
For all of the reasons discussed in the
REGULATORY PLANNING AND
REVIEW section, this rule would not
have a significant economic impact on
a substantial number of small entities.
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, 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.
sradovich on DSK3TPTVN1PROD with PROPOSALS
C. 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.).
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
VerDate Sep<11>2014
16:27 Jun 03, 2016
Jkt 238001
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
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
involves a safety zone lasting five and
half hours that would prohibit entry
within 200 feet of the participants and
vessels in support of the event.
Normally such actions are categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of
Commandant Instruction M16475.lD. A
preliminary environmental analysis
checklist is 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.
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Sfmt 4702
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Proposed Rules
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–3029 to read as
follows:
■
§ 165.T01–0329 Safety Zone—Casco Bay
Islands Swim Event—Casco Bay, Portland,
Maine.
(a) General. Establish a temporary
safety zone:
(1) Location. The following area is a
safety zone: All navigable waters, from
surface to bottom, within (200) feet from
the participants and vessels in support
of events in Casco Bay, Portland, ME,
and enclosed by a line connecting the
following points (NAD 83):
Latitude
sradovich on DSK3TPTVN1PROD with PROPOSALS
43°42′47″
43°38′09″
43°38′57″
43°41′31″
43°43′25″
N
N
N
N
N
Longitude
..........
..........
..........
..........
..........
70°07′07″ W.; thence
70°11′57″ W.; thence
70°12′55″ W.; thence
70°11′37″ W.; thence
70°08′25″ W.; thence
point of origin.
to.
to.
to.
to.
to
(2) Effective and Enforcement Period.
This rule will be effective on August 14,
2016, from 6:30 a.m. to 12:00 p.m.
(b) Regulations. While this safety zone
is being enforced, the following
regulations, along with those contained
in 33 CFR 165.23, apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the Captain of the Port
(COTP) or the COTP’s representatives.
However, any vessel that is granted
permission by the COTP or the COTP’s
representatives must proceed through
the area with caution and operate at a
speed no faster than that speed
necessary to maintain a safe course,
unless otherwise required by the
Navigation Rules.
(2) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or the COTP’s representatives. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or
other means, the operator of a vessel
within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or the COTP’s
representatives.
(3) To obtain permissions required by
this regulation, individuals may reach
the COTP or a COTP representative via
VHF channel 16 or 207–767–0302
VerDate Sep<11>2014
16:27 Jun 03, 2016
Jkt 238001
(Sector Northern New England
Command Center).
(c) Penalties. Those who violate this
section are subject to the penalties set
forth in 33 U.S.C. 1232 and 50 U.S.C.
1226.
(d) Notification. Coast Guard Sector
Northern New England will give notice
through the Local Notice to Mariners,
Broadcast Notice to Mariners, and to
mariners for the purpose of enforcement
of this temporary safety zone. Sector
Northern New England will also notify
the public to the greatest extent possible
of any period in which the Coast Guard
will suspend enforcement of this safety
zone.
(e) COTP Representative. The COTP’s
representative may be any Coast Guard
commissioned, warrant, or petty officer
or any Federal, state, or local law
enforcement officer who has been
designated by the COTP to act on the
COTP’s behalf. The COTP’s
representative may be on a Coast Guard
vessel, a Coast Guard Auxiliary vessel,
a state or local law enforcement vessel,
or a location on shore.
Dated: May 16, 2016.
M.A. Baroody,
Captain, U. S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. 2016–13342 Filed 6–3–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5, 14, 19, 22, 25, 28, 43,
47, 49, 52, and 53
[FAR Case 2015–035; Docket 2015–0035;
Sequence 1]
RIN 9000–AN23
Federal Acquisition Regulation;
Removal of Regulations Relating to
Telegraphic Communication
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCY:
DoD, GSA, and NASA are
proposing to amend the Federal
Acquisition Regulation (FAR) to delete
the use of ‘‘telegram’’, ‘‘telegraph’’, and
related terms. The objective is to delete
reference to obsolete technologies no
longer in use and replace with
references to electronic
SUMMARY:
PO 00000
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36245
communications. In addition,
conforming changes are proposed
covering expedited notice of
termination and change orders.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat Division at one of the
addresses shown below on or before
August 5, 2016 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments in
response to FAR Case 2015–035 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2015–035’’.
Select the link ‘‘Comment Now’’ that
corresponds with FAR Case 2015–035.
Follow the instructions provided at the
‘‘Comment Now’’ screen. Please include
your name, company name (if any), and
‘‘FAR Case 2015–035’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Ms. Flowers,
1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAR Case 2015–035, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAR case
2015–035.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are proposing
to amend the FAR to delete the use of
the terms ‘‘telegram’’, ‘‘telegraph’’,
‘‘telegraphic’’, and related terminology.
The word ‘‘telegram’’ emerged shortly
after the invention of the electrical
telegraph in the 1840s. This terminology
and way of communicating was
incorporated into the first issue of the
FAR, effective April 1, 1984. The
emergence of electronic means of
communication, starting with the
facsimile machine, and then followed
by email and mobile-phone text
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Proposed Rules]
[Pages 36243-36245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13342]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0329]
RIN 1625-AA00
Safety Zone; Casco Bay Islands Swim/Run, Casco Bay, Portland, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Portland Harbor and Casco Bay to be enforced
during the Casco Bay Islands Swim/Run marine event. The event involves
athletes tethered together by a line in which they will run and swim on
and between eight islands of the Casco Bay archipelago. This safety
zone will facilitate the protection of the event participants, their
support vessels, and the maritime public from the hazards associated
with the event. This proposed rulemaking would prohibit persons and
vessels from entering into, transiting through, mooring, or anchoring
within this safety zone during periods of enforcement unless authorized
by the Coast Guard Sector Northern New England Captain of the Port
(COTP) or the COTP's 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 July 6, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0329 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 on this proposed
rulemaking, call or email MSTC Bains, Sector Northern New England
Waterways Management Division, U.S. Coast Guard; telephone 207-347-
5003, email Chris.D.Bains@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
DHS Department of Homeland Security
U.S.C. United States Code
CFR Code of Federal Regulation
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
II. Background, Purpose, and Legal Basis
On December 15, 2015, the Coast Guard was notified of a swimming
and running event that will occur within the Casco Bay Islands
archipelago from 7:30 a.m. to 11:00 a.m. on August 14, 2016. The name
of the marine event is called the Casco Bay Islands Swim/Run.
Participants will begin the event with a run on Great Chebeague Island
to Little Chebeague Island. From Little Chebeague Island they will
start the swim/run process with a 470 yard swim to Long Island. After a
short run, the athletes will swim an additional 900 yards on the east
side of the island to a point back on Long Island. Next, the
participants will swim 1,300 yards to Cow Island and then an additional
540 yards to Great Diamond Island. From Great Diamond Island, the
participants will swim 700 yards to Peaks Island, then an additional
500 yards to another point on the southern end of Peaks Island. The
participants will then swim 700 yards to House Island. From House
Island the participants will swim 800 yards to the Little Diamond
Island Landing. The final swim leg is a 650 yard swim from the Little
Diamond Island Landing back to Peaks Island. Hazards associated with
this marine event include accidental collisions with the event
participants and the maritime public. The COTP has determined that
potential hazards associated with the marine event will be a safety
concern for event participants, the support vessels, and the maritime
public.
The purpose of this rulemaking is to ensure the safety of event
participants, the support vessels, the maritime public, and the
navigable waters within a 200-feet radius of the event participants,
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 COTP proposes to establish a temporary safety zone from 6:30
a.m. to 12:00 p.m. on August 14, 2016. The safety zone would cover all
navigable waters within the geographic locations specified in the
regulatory text on the navigable waters of Casco Bay, Portland, Maine.
Vessels not associated with the event shall maintain a distance of at
least 200 feet from the participants. The duration of the zone is
intended to ensure the safety of event participants, support vessels,
the maritime public, and these navigable waters before, during, and
after the scheduled 7:30 a.m. to 11:00 a.m. event. No vessel or person
would be permitted to enter the safety zone without first 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.
We expect the economic impact of this rule to be minimal. This
regulation may have an impact on the general public, but that potential
impact will likely be minimal for several reasons. First, this safety
zone will be in effect for only five and a half hours in the morning
when vessel traffic is expected to be light. In addition, vessels may
enter or pass through the safety zone during an enforcement period with
the permission of the COTP or the designated representative. Lastly,
the Coast Guard will provide notification to the public through
Broadcast Notice to
[[Page 36244]]
Mariners and the Local Notice to Mariners publication well in advance
of the event.
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 will not have a significant economic impact on a
substantial number of small entities.
For all of the reasons discussed in the REGULATORY PLANNING AND
REVIEW section, this rule would not have a significant economic impact
on a substantial number of small entities.
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, 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.
C. 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.).
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this 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 involves a safety
zone lasting five and half hours that would prohibit entry within 200
feet of the participants and vessels in support of the event. Normally
such actions are categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A
preliminary environmental analysis checklist is 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
[[Page 36245]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T01-3029 to read as follows:
Sec. 165.T01-0329 Safety Zone--Casco Bay Islands Swim Event--Casco
Bay, Portland, Maine.
(a) General. Establish a temporary safety zone:
(1) Location. The following area is a safety zone: All navigable
waters, from surface to bottom, within (200) feet from the participants
and vessels in support of events in Casco Bay, Portland, ME, and
enclosed by a line connecting the following points (NAD 83):
------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
43[deg]42'47'' N....................... 70[deg]07'07'' W.; thence to.
43[deg]38'09'' N....................... 70[deg]11'57'' W.; thence to.
43[deg]38'57'' N....................... 70[deg]12'55'' W.; thence to.
43[deg]41'31'' N....................... 70[deg]11'37'' W.; thence to.
43[deg]43'25'' N....................... 70[deg]08'25'' W.; thence to
point of origin.
------------------------------------------------------------------------
(2) Effective and Enforcement Period. This rule will be effective
on August 14, 2016, from 6:30 a.m. to 12:00 p.m.
(b) Regulations. While this safety zone is being enforced, the
following regulations, along with those contained in 33 CFR 165.23,
apply:
(1) No person or vessel may enter or remain in this safety zone
without the permission of the Captain of the Port (COTP) or the COTP's
representatives. However, any vessel that is granted permission by the
COTP or the COTP's representatives must proceed through the area with
caution and operate at a speed no faster than that speed necessary to
maintain a safe course, unless otherwise required by the Navigation
Rules.
(2) Any person or vessel permitted to enter the safety zone shall
comply with the directions and orders of the COTP or the COTP's
representatives. Upon being hailed by a U.S. Coast Guard vessel by
siren, radio, flashing lights, or other means, the operator of a vessel
within the zone shall proceed as directed. Any person or vessel within
the safety zone shall exit the zone when directed by the COTP or the
COTP's representatives.
(3) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or 207-
767-0302 (Sector Northern New England Command Center).
(c) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226.
(d) Notification. Coast Guard Sector Northern New England will give
notice through the Local Notice to Mariners, Broadcast Notice to
Mariners, and to mariners for the purpose of enforcement of this
temporary safety zone. Sector Northern New England will also notify the
public to the greatest extent possible of any period in which the Coast
Guard will suspend enforcement of this safety zone.
(e) COTP Representative. The COTP's representative may be any Coast
Guard commissioned, warrant, or petty officer or any Federal, state, or
local law enforcement officer who has been designated by the COTP to
act on the COTP's behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a state or local law
enforcement vessel, or a location on shore.
Dated: May 16, 2016.
M.A. Baroody,
Captain, U. S. Coast Guard, Captain of the Port, Sector Northern New
England.
[FR Doc. 2016-13342 Filed 6-3-16; 8:45 am]
BILLING CODE 9110-04-P