80_FR_42205 80 FR 42069 - Special Local Regulations; Temporary Change for Recurring Marine Event in the Fifth Coast Guard District

80 FR 42069 - Special Local Regulations; Temporary Change for Recurring Marine Event in the Fifth Coast Guard District

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42069-42072
FR Document2015-17456

The Coast Guard proposes to temporarily change the enforcement periods of special local regulations for a recurring marine event in the Fifth Coast Guard District. This regulation applies to the ``Ocean City Maryland Offshore Grand Prix'' power boat race, a recurring marine event held on the North Atlantic Ocean near Ocean City, MD, and would be effective from October 3, 2015, to October 4, 2015. Special local regulations are necessary to provide for the safety of life on navigable waters during the event. This action is intended to restrict vessel traffic in a portion of the North Atlantic Ocean near Ocean City, MD during the event.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42069-42072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17456]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0400]
RIN 1625-AA08


Special Local Regulations; Temporary Change for Recurring Marine 
Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 42070]]

SUMMARY: The Coast Guard proposes to temporarily change the enforcement 
periods of special local regulations for a recurring marine event in 
the Fifth Coast Guard District. This regulation applies to the ``Ocean 
City Maryland Offshore Grand Prix'' power boat race, a recurring marine 
event held on the North Atlantic Ocean near Ocean City, MD, and would 
be effective from October 3, 2015, to October 4, 2015. Special local 
regulations are necessary to provide for the safety of life on 
navigable waters during the event. This action is intended to restrict 
vessel traffic in a portion of the North Atlantic Ocean near Ocean 
City, MD during the event.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 17, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; 
telephone 410-576-2674, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0400] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0400) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The regulation listing annual marine events within the Fifth Coast 
Guard District and their regulated dates is 33 CFR 100.501. The Table 
to Sec.  100.501 identifies marine events by Captain of the Port zone, 
with the COTP Baltimore zone listed in section ``(b)'' of the Table. 
For a description of the geographical area of each Coast Guard Sector--
Captain of the Port Zone, please see 33 CFR 3.25. The Table to Sec.  
100.501, at section (b) event Number ``21'' describes the enforcement 
dates and regulated location for this marine event. The dates of the 
event as published are May 2nd and 3rd (Saturday and Sunday) or May 9th 
and 10th (Saturday and Sunday).

C. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a 
special local regulation are found in 33 U.S.C. 1233, which authorize 
the Coast Guard to establish and define special local regulations. The 
Captain of the Port Baltimore is promulgating this regulation for the 
waters of the North Atlantic Ocean, near Ocean City, MD to protect 
event participants, spectators and transiting vessels.

D. Discussion of Proposed Rule

    Event planners notified the Coast Guard of date changes during 2015 
for the ``Ocean City Maryland Offshore Grand Prix'' marine event that 
is listed at 33 CFR 100.501, Table to Sec.  100.501. The event consists 
of approximately 40 participating offshore race boats, 22 to 50 feet in 
length, operating in various classes on a marked course on the waters 
of the North Atlantic Ocean at Ocean City, MD. This regulation will 
temporarily change the enforcement

[[Page 42071]]

periods for this marine event for 2015 only. The dates for 2015 are 
October 3, 2015, and October 4, 2015.
    The Coast Guard proposes to temporarily suspend the regulation 
listed at section (b.) line No. 21 in the Table to Sec.  100.501 and 
insert this temporary regulation at the Table to Sec.  100.501 at 
section (b.) line No. 24 in order to reflect the correct dates for this 
year's event. This change is needed to accommodate the change in dates 
of the Ocean City Maryland Offshore Grand Prix. No other portion of the 
Table to Sec.  100.501 or other provisions in Sec.  100.501 shall be 
affected by this regulation. The regulation will be enforced from 10:30 
a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m. 
on October 4, 2015. In addition to notice in the Federal Register, the 
maritime community will be provided extensive advance notification via 
the Local Notice to Mariners and marine information broadcasts.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (i) The regulated area will only be in effect from 
10:30 a.m. to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 
p.m. on October 4, 2015; (ii) the regulated area has been narrowly 
tailored to impose the least impact on general navigation, yet provide 
the level of safety deemed necessary; and (iii) advance notifications 
will be made to the maritime community via marine information 
broadcasts and local notices to mariners, so mariners can adjust their 
plans accordingly. Additionally, this rulemaking does not change the 
permanent regulated areas that have been published in 33 CFR 100.501, 
Table to Sec.  100.501. For the above reasons, the Coast Guard does not 
anticipate any significant economic impact.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to operate or transit through or within, or anchor in, the 
area where the marine event is being held. This regulation will not 
have a significant impact on a substantial number of small entities 
because it will be enforced only during a marine event that has been 
permitted by the Coast Guard Captain of the Port. This proposed rule 
will not have a significant economic impact on a substantial number of 
small entities for the reasons provided under Regulatory Planning and 
Review.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 42072]]

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves implementation of regulations within 33 CFR part 100 
applicable to organized marine events on the navigable waters of the 
United States that could negatively impact the safety of waterway users 
and shore side activities in the event area. The category of water 
activities includes but is not limited to sail boat regattas, boat 
parades, power boat racing, swimming events, crew racing, canoe and 
sail board racing. This rule is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. In the Table to Sec.  100.501:
0
a. Suspend line No. (b.)21; and
0
b. Add line No. (b.)24.
    The addition reads as follows:


Sec.  100.501  Special Local Regulations; Recurring Marine Event in the 
Fifth Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
                [All coordinates listed in the Table to Sec.   100.501 reference Datum NAD 1983]
----------------------------------------------------------------------------------------------------------------
       No.                Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  (b.) Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
24..............  October 3 and 4,     Ocean City          Offshore            The waters of the North Atlantic
                   2015.                Maryland Offshore   Performance Assn.   Ocean commencing at a point on
                                        Grand Prix.         Racing, LLC.        the shoreline at latitude
                                                                                38[deg]25'42'' N., longitude
                                                                                075[deg]03'06'' W.; thence east
                                                                                southeast to latitude
                                                                                38[deg]25'30'' N., longitude
                                                                                075[deg]02'12'' W., thence south
                                                                                southwest parallel to the Ocean
                                                                                City shoreline to latitude
                                                                                38[deg]19'12'' N., longitude
                                                                                075[deg]03'48'' W.; thence west
                                                                                northwest to the shoreline at
                                                                                latitude 38[deg]19'30'' N.,
                                                                                longitude 075[deg]05'00'' W.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: June 23, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-17456 Filed 7-15-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules                                                     42069

                                                Regulations (14 CFR) part 71 to amend                      Authority: 49 U.S.C. 106(f), 106(g); 40103,             Management (HFA–305), Food and Drug
                                                Class E surface area airspace at                         40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,              Administration, 5630 Fishers Lane, Rm.
                                                Mercedita Airport, Ponce, PR. Airspace                   1959–1963 Comp., p. 389.                                  1061, Rockville, MD 20852.
                                                reconfiguration to within a 4.1-mile                     § 71.1       [Amended]                                    FOR FURTHER INFORMATION CONTACT:
                                                radius of the airport is necessary due to                                                                          Chelsea Trull, Center for Veterinary
                                                                                                         ■ 2. The incorporation by reference in
                                                the decommissioning of the Ponce                                                                                   Medicine, Food and Drug
                                                                                                         14 CFR 71.1 of FAA Order 7400.9Y,
                                                VORTAC and cancellation of the VOR                                                                                 Administration, 7519 Standish Pl.,
                                                                                                         Airspace Designations and Reporting
                                                approach, and for continued safety and                                                                             Rockville, MD 20855, 240–402–6729.
                                                                                                         Points, dated August 6, 2014, effective
                                                management of IFR operations at the                                                                                SUPPLEMENTARY INFORMATION: Under the
                                                                                                         September 15, 2014, is amended as
                                                airport.                                                                                                           Federal Food, Drug, and Cosmetic Act
                                                                                                         follows:
                                                   Class E Airspace Designated as                                                                                  (section 409(b)(5) (21 U.S.C. 348(b)(5)),
                                                Surface Areas are published in                           Paragraph 6002 Class E Airspace                           notice is given that a food additive
                                                Paragraph 6002 of FAA Order 7400.9Y,                     Designated as Surface Areas
                                                                                                                                                                   petition (FAP 2292) has been filed by
                                                dated August 6, 2014, and effective                      *        *       *       *       *                        Alzchem AG, Chemiepark Trostberg,
                                                September 15, 2014, which is                             ASO PR E2 Ponce, PR [Amended]                             Dr.-Albert-Frank-Str. 32, 83308,
                                                incorporated by reference in 14 CFR                                                                                Trostberg, Germany. The petition
                                                                                                         Mercedita Airport, PR
                                                71.1. The Class E airspace designation                     (Lat. 18°00′30″ N., long. 66°33′4″ W.)                  proposes to amend Title 21 of the Code
                                                listed in this document will be                                                                                    of Federal Regulations (CFR) in part 573
                                                                                                           Within a 4.1-mile radius of Mercedita
                                                published subsequently in the Order.                     Airport. This Class E airspace is effective               Food Additives Permitted in Feed and
                                                Regulatory Notices and Analyses                          during the specific dates and times                       Drinking Water of Animals (21 CFR part
                                                                                                         established in advance by a Notice to                     573) to provide for the safe use of
                                                  The FAA has determined that this                       Airmen. The effective date and time will                  guanidinoacetic acid as a substance that
                                                proposed regulation only involves an                     thereafter be continuously published in the               spares arginine and serves as a
                                                established body of technical                            Airport/Facility Directory.                               precursor of creatine in diets for broiler
                                                regulations for which frequent and                         Issued in College Park, Georgia, on July 6,             chickens and turkeys. The petitioner has
                                                routine amendments are necessary to                      2015.                                                     requested a categorical exclusion from
                                                keep them operationally current. It,                     Gerald E. Lynch,                                          preparing an environmental assessment
                                                therefore, (1) is not a ‘‘significant                    Acting Manager, Operations Support Group,                 or environmental impact statement
                                                regulatory action’’ under Executive                      Eastern Service Center, Air Traffic                       under 21 CFR 25.32(r).
                                                Order 12866; (2) is not a ‘‘significant                  Organization.                                               Interested persons may submit either
                                                rule’’ under DOT Regulatory Policies                     [FR Doc. 2015–17272 Filed 7–15–15; 8:45 am]               electronic or written comments
                                                and Procedures (44 FR 11034; February                    BILLING CODE 4910–13–P                                    regarding this request for categorical
                                                26, 1979); and (3) does not warrant                                                                                exclusion to the Division of Dockets
                                                preparation of a Regulatory Evaluation                                                                             Management (see DATES and
                                                as the anticipated impact is so minimal.                                                                           ADDRESSES). It is only necessary to send
                                                                                                         DEPARTMENT OF HEALTH AND
                                                  Since this is a routine matter that will                                                                         one set of comments. Identify comments
                                                                                                         HUMAN SERVICES
                                                only affect air traffic procedures and air                                                                         with the docket number found in
                                                navigation, it is certified that this                    Food and Drug Administration                              brackets in the heading of this
                                                proposed rule, when promulgated, will                                                                              document. Received comments may be
                                                not have a significant economic impact                   21 CFR Part 573                                           seen in the Division of Dockets
                                                on a substantial number of small entities                                                                          Management between 9 a.m. and 4 p.m.,
                                                under the criteria of the Regulatory                     [Docket No. FDA–2015–F–2337]
                                                                                                                                                                   Monday through Friday, and will be
                                                Flexibility Act.                                                                                                   posted to the docket at http://
                                                                                                         Alzchem AG; Filing of Food Additive
                                                Environmental Review                                     Petition (Animal Use)                                     www.regulations.gov.
                                                                                                                                                                    Dated: July 10, 2015.
                                                   This proposal would be subject to an                  AGENCY:       Food and Drug Administration,
                                                environmental analysis in accordance                                                                               William T. Flynn,
                                                                                                         HHS.
                                                with FAA Order 1050.1E,                                                                                            Acting Director, Center for Veterinary
                                                                                                         ACTION:      Notice of petition.                          Medicine.
                                                ‘‘Environmental Impacts: Policies and
                                                Procedures’’ prior to any FAA final                                                                                [FR Doc. 2015–17379 Filed 7–15–15; 8:45 am]
                                                                                                         SUMMARY:   The Food and Drug
                                                regulatory action.                                       Administration (FDA) is announcing                        BILLING CODE 4164–01–P

                                                                                                         that Alzchem AG has filed a petition
                                                Lists of Subjects in 14 CFR Part 71
                                                                                                         proposing that the food additive
                                                 Airspace, Incorporation by reference,                   regulations be amended to provide for                     DEPARTMENT OF HOMELAND
                                                Navigation (air).                                        the safe use of guanidinoacetic acid as                   SECURITY
                                                The Proposed Amendment                                   a substance that spares arginine and
                                                                                                         serves as a precursor of creatine in diets                Coast Guard
                                                  In consideration of the foregoing, the                 for broiler chickens and turkeys.
                                                Federal Aviation Administration                                                                                    33 CFR Part 100
                                                                                                         DATES: Submit either electronic or
                                                proposes to amend 14 CFR part 71 as                      written comments on the petitioner’s                      [Docket Number USCG–2015–0400]
                                                follows:                                                 request for categorical exclusion from
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                                   RIN 1625–AA08
                                                PART 71—DESIGNATION OF CLASS A,                          preparing an environmental assessment
                                                B, C, D, AND E AIRSPACE AREAS; AIR                       or environmental impact statement by                      Special Local Regulations; Temporary
                                                TRAFFIC SERVICE ROUTES; AND                              August 17, 2015.                                          Change for Recurring Marine Event in
                                                REPORTING POINTS                                         ADDRESSES: Submit electronic                              the Fifth Coast Guard District
                                                                                                         comments to: http://                                      AGENCY:   Coast Guard, DHS.
                                                ■ 1. The authority citation for Part 71                  www.regulations.gov. Submit written
                                                                                                                                                                   ACTION:   Notice of proposed rulemaking.
                                                continues to read as follows:                            comments to the Division of Dockets


                                           VerDate Sep<11>2014   17:07 Jul 15, 2015   Jkt 235001   PO 00000   Frm 00003       Fmt 4702   Sfmt 4702   E:\FR\FM\16JYP1.SGM   16JYP1


                                                42070                    Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules

                                                SUMMARY:    The Coast Guard proposes to                  www.regulations.gov and will include                  3. Privacy Act
                                                temporarily change the enforcement                       any personal information you have                        Anyone can search the electronic
                                                periods of special local regulations for a               provided.                                             form of comments received into any of
                                                recurring marine event in the Fifth                                                                            our dockets by the name of the
                                                                                                         1. Submitting Comments
                                                Coast Guard District. This regulation                                                                          individual submitting the comment (or
                                                applies to the ‘‘Ocean City Maryland                        If you submit a comment, please                    signing the comment, if submitted on
                                                Offshore Grand Prix’’ power boat race,                   include the docket number for this                    behalf of an association, business, labor
                                                a recurring marine event held on the                     rulemaking, indicate the specific section             union, etc.). You may review a Privacy
                                                North Atlantic Ocean near Ocean City,                    of this document to which each                        Act notice regarding our public dockets
                                                MD, and would be effective from                          comment applies, and provide a reason                 in the January 17, 2008, issue of the
                                                October 3, 2015, to October 4, 2015.                     for each suggestion or recommendation.                Federal Register (73 FR 3316).
                                                Special local regulations are necessary                  You may submit your comments and
                                                to provide for the safety of life on                     material online at http://                            4. Public Meeting
                                                navigable waters during the event. This                  www.regulations.gov, or by fax, mail, or                 We do not now plan to hold a public
                                                action is intended to restrict vessel                    hand delivery, but please use only one                meeting. But you may submit a request
                                                traffic in a portion of the North Atlantic               of these means. If you submit a                       for one, using one of the methods
                                                Ocean near Ocean City, MD during the                     comment online, it will be considered                 specified under ADDRESSES. Please
                                                event.                                                   received by the Coast Guard when you                  explain why you believe a public
                                                DATES: Comments and related material                     successfully transmit the comment. If                 meeting would be beneficial. If we
                                                must be received by the Coast Guard on                   you fax, hand deliver, or mail your                   determine that one would aid this
                                                or before August 17, 2015.                               comment, it will be considered as                     rulemaking, we will hold one at a time
                                                ADDRESSES: You may submit comments                       having been received by the Coast                     and place announced by a later notice
                                                identified by docket number using any                    Guard when it is received at the Docket               in the Federal Register.
                                                one of the following methods:                            Management Facility. We recommend                     B. Regulatory History and Information
                                                   (1) Federal eRulemaking Portal:                       that you include your name and a
                                                                                                         mailing address, an email address, or a                 The regulation listing annual marine
                                                http://www.regulations.gov.                                                                                    events within the Fifth Coast Guard
                                                   (2) Fax: 202–493–2251.                                telephone number in the body of your
                                                                                                         document so that we can contact you if                District and their regulated dates is 33
                                                   (3) Mail or Delivery: Docket                                                                                CFR 100.501. The Table to § 100.501
                                                Management Facility (M–30), U.S.                         we have questions regarding your
                                                                                                         submission.                                           identifies marine events by Captain of
                                                Department of Transportation, West                                                                             the Port zone, with the COTP Baltimore
                                                Building Ground Floor, Room W12–140,                        To submit your comment online, go to
                                                                                                         http://www.regulations.gov, type the                  zone listed in section ‘‘(b)’’ of the Table.
                                                1200 New Jersey Avenue SE.,                                                                                    For a description of the geographical
                                                Washington, DC 20590–0001. Deliveries                    docket number [USCG–2015–0400] in
                                                                                                         the ‘‘SEARCH’’ box and click                          area of each Coast Guard Sector—
                                                accepted between 9 a.m. and 5 p.m.,                                                                            Captain of the Port Zone, please see 33
                                                Monday through Friday, except federal                    ‘‘SEARCH.’’ Click on ‘‘Submit a
                                                                                                                                                               CFR 3.25. The Table to § 100.501, at
                                                holidays. The telephone number is 202–                   Comment’’ on the line associated with
                                                                                                                                                               section (b) event Number ‘‘21’’ describes
                                                366–9329.                                                this rulemaking.
                                                                                                                                                               the enforcement dates and regulated
                                                   See the ‘‘Public Participation and                       If you submit your comments by mail                location for this marine event. The dates
                                                Request for Comments’’ portion of the                    or hand delivery, submit them in an                   of the event as published are May 2nd
                                                SUPPLEMENTARY INFORMATION section                        unbound format, no larger than 81⁄2 by                and 3rd (Saturday and Sunday) or May
                                                below for further instructions on                        11 inches, suitable for copying and                   9th and 10th (Saturday and Sunday).
                                                submitting comments. To avoid                            electronic filing. If you submit
                                                duplication, please use only one of                      comments by mail and would like to                    C. Basis and Purpose
                                                these three methods.                                     know that they reached the Facility,                    The legal basis and authorities for this
                                                FOR FURTHER INFORMATION CONTACT: If                      please enclose a stamped, self-addressed              rulemaking establishing a special local
                                                you have questions on this rule, call or                 postcard or envelope. We will consider                regulation are found in 33 U.S.C. 1233,
                                                email Mr. Ronald Houck, U.S. Coast                       all comments and material received                    which authorize the Coast Guard to
                                                Guard Sector Baltimore, MD; telephone                    during the comment period and may                     establish and define special local
                                                410–576–2674, email Ronald.L.Houck@                      change the rule based on your                         regulations. The Captain of the Port
                                                uscg.mil. If you have questions on                       comments.                                             Baltimore is promulgating this
                                                viewing or submitting material to the                    2. Viewing Comments and Documents                     regulation for the waters of the North
                                                docket, call Cheryl Collins, Program                                                                           Atlantic Ocean, near Ocean City, MD to
                                                Manager, Docket Operations, telephone                       To view comments, as well as                       protect event participants, spectators
                                                (202) 366–9826.                                          documents mentioned in this preamble                  and transiting vessels.
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         as being available in the docket, go to
                                                                                                         http://www.regulations.gov, type the                  D. Discussion of Proposed Rule
                                                Table of Acronyms                                        docket number (USCG–2015–0400) in                        Event planners notified the Coast
                                                DHS Department of Homeland Security                      the ‘‘SEARCH’’ box and click                          Guard of date changes during 2015 for
                                                FR Federal Register                                      ‘‘SEARCH.’’ Click on Open Docket                      the ‘‘Ocean City Maryland Offshore
                                                NPRM Notice of Proposed Rulemaking                       Folder on the line associated with this               Grand Prix’’ marine event that is listed
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                         rulemaking. You may also visit the                    at 33 CFR 100.501, Table to § 100.501.
                                                A. Public Participation and Request for                  Docket Management Facility in Room                    The event consists of approximately 40
                                                Comments                                                 W12–140 on the ground floor of the                    participating offshore race boats, 22 to
                                                  We encourage you to participate in                     Department of Transportation West                     50 feet in length, operating in various
                                                this rulemaking by submitting                            Building, 1200 New Jersey Avenue SE.,                 classes on a marked course on the
                                                comments and related materials. All                      Washington, DC 20590, between 9 a.m.                  waters of the North Atlantic Ocean at
                                                comments received will be posted                         and 5 p.m., Monday through Friday,                    Ocean City, MD. This regulation will
                                                without change to http://                                except Federal holidays.                              temporarily change the enforcement


                                           VerDate Sep<11>2014   17:07 Jul 15, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\16JYP1.SGM   16JYP1


                                                                         Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules                                          42071

                                                periods for this marine event for 2015                   anticipate any significant economic                   5. Federalism
                                                only. The dates for 2015 are October 3,                  impact.                                                  A rule has implications for federalism
                                                2015, and October 4, 2015.                                                                                     under Executive Order 13132,
                                                   The Coast Guard proposes to                           2. Impact on Small Entities
                                                                                                                                                               Federalism, if it has a substantial direct
                                                temporarily suspend the regulation                          The Regulatory Flexibility Act of 1980
                                                                                                                                                               effect on the States, on the relationship
                                                listed at section (b.) line No. 21 in the                (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                                                                               between the national government and
                                                Table to § 100.501 and insert this                       requires federal agencies to consider the
                                                                                                                                                               the States, or on the distribution of
                                                temporary regulation at the Table to                     potential impact of regulations on small
                                                                                                                                                               power and responsibilities among the
                                                § 100.501 at section (b.) line No. 24 in                 entities during rulemaking. The term
                                                                                                                                                               various levels of government. We have
                                                order to reflect the correct dates for this              ‘‘small entities’’ comprises small
                                                                                                                                                               analyzed this proposed rule under that
                                                year’s event. This change is needed to                   businesses, not-for-profit organizations
                                                                                                                                                               Order and determined that this rule
                                                accommodate the change in dates of the                   that are independently owned and
                                                                                                                                                               does not have implications for
                                                Ocean City Maryland Offshore Grand                       operated and are not dominant in their
                                                                                                                                                               federalism.
                                                Prix. No other portion of the Table to                   fields, and governmental jurisdictions
                                                § 100.501 or other provisions in                         with populations of less than 50,000.                 6. Protest Activities
                                                § 100.501 shall be affected by this                      The Coast Guard certifies under 5 U.S.C.                 The Coast Guard respects the First
                                                regulation. The regulation will be                       605(b) that this proposed rule will not               Amendment rights of protesters.
                                                enforced from 10:30 a.m. to 5:30 p.m. on                 have a significant economic impact on                 Protesters are asked to contact the
                                                October 3, 2015 and from 10:30 a.m. to                   a substantial number of small entities.               person listed in the FOR FURTHER
                                                5:30 p.m. on October 4, 2015. In                            This proposed rule will affect the                 INFORMATION CONTACT section to
                                                addition to notice in the Federal                        following entities, some of which may                 coordinate protest activities so that your
                                                Register, the maritime community will                    be small entities: The owners or                      message can be received without
                                                be provided extensive advance                            operators of vessels intending to operate             jeopardizing the safety or security of
                                                notification via the Local Notice to                     or transit through or within, or anchor               people, places or vessels.
                                                Mariners and marine information                          in, the area where the marine event is
                                                broadcasts.                                              being held. This regulation will not                  7. Unfunded Mandates Reform Act
                                                                                                         have a significant impact on a                           The Unfunded Mandates Reform Act
                                                E. Regulatory Analyses
                                                                                                         substantial number of small entities                  of 1995 (2 U.S.C. 1531–1538) requires
                                                  We developed this proposed rule after                  because it will be enforced only during               Federal agencies to assess the effects of
                                                considering numerous statutes and                        a marine event that has been permitted                their discretionary regulatory actions. In
                                                executive orders related to rulemaking.                  by the Coast Guard Captain of the Port.               particular, the Act addresses actions
                                                Below we summarize our analyses                          This proposed rule will not have a                    that may result in the expenditure by a
                                                based on a number of these statutes or                   significant economic impact on a                      State, local, or tribal government, in the
                                                executive orders.                                        substantial number of small entities for              aggregate, or by the private sector of
                                                1. Regulatory Planning and Review                        the reasons provided under Regulatory                 $100,000,000 (adjusted for inflation) or
                                                                                                         Planning and Review.                                  more in any one year. Though this
                                                   This proposed rule is not a significant                  If you think that your business,                   proposed rule would not result in such
                                                regulatory action under section 3(f) of                  organization, or governmental                         an expenditure, we do discuss the
                                                Executive Order 12866, Regulatory                        jurisdiction qualifies as a small entity              effects of this rule elsewhere in this
                                                Planning and Review, as supplemented                     and that this rule would have a                       preamble.
                                                by Executive Order 13563, Improving                      significant economic impact on it,
                                                Regulation and Regulatory Review, and                    please submit a comment (see                          8. Taking of Private Property
                                                does not require an assessment of                        ADDRESSES) explaining why you think it                   This proposed rule would not cause a
                                                potential costs and benefits under                       qualifies and how and to what degree                  taking of private property or otherwise
                                                section 6(a)(3) of Executive Order 12866                 this rule would economically affect it.               have taking implications under
                                                or under section 1 of Executive Order                                                                          Executive Order 12630, Governmental
                                                13563. The Office of Management and                      3. Assistance for Small Entities
                                                                                                                                                               Actions and Interference with
                                                Budget has not reviewed it under those                      Under section 213(a) of the Small                  Constitutionally Protected Property
                                                Orders.                                                  Business Regulatory Enforcement                       Rights.
                                                   The economic impact of this rule is                   Fairness Act of 1996 (Pub. L. 104–121),
                                                not significant for the following reasons:               we want to assist small entities in                   9. Civil Justice Reform
                                                (i) The regulated area will only be in                   understanding this proposed rule. If the                 This proposed rule meets applicable
                                                effect from 10:30 a.m. to 5:30 p.m. on                   rule would affect your small business,                standards in sections 3(a) and 3(b)(2) of
                                                October 3, 2015 and from 10:30 a.m. to                   organization, or governmental                         Executive Order 12988, Civil Justice
                                                5:30 p.m. on October 4, 2015; (ii) the                   jurisdiction and you have questions                   Reform, to minimize litigation,
                                                regulated area has been narrowly                         concerning its provisions or options for              eliminate ambiguity, and reduce
                                                tailored to impose the least impact on                   compliance, please contact the person                 burden.
                                                general navigation, yet provide the level                listed in the FOR FURTHER INFORMATION
                                                of safety deemed necessary; and (iii)                                                                          10. Protection of Children From
                                                                                                         CONTACT, above. The Coast Guard will
                                                advance notifications will be made to                                                                          Environmental Health Risks
                                                                                                         not retaliate against small entities that
                                                the maritime community via marine                        question or complain about this                          We have analyzed this proposed rule
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                information broadcasts and local notices                 proposed rule or any policy or action of              under Executive Order 13045,
                                                to mariners, so mariners can adjust their                the Coast Guard.                                      Protection of Children from
                                                plans accordingly. Additionally, this                                                                          Environmental Health Risks and Safety
                                                rulemaking does not change the                           4. Collection of Information                          Risks. This rule is not an economically
                                                permanent regulated areas that have                         This proposed rule will not call for a             significant rule and would not create an
                                                been published in 33 CFR 100.501,                        new collection of information under the               environmental risk to health or risk to
                                                Table to § 100.501. For the above                        Paperwork Reduction Act of 1995 (44                   safety that might disproportionately
                                                reasons, the Coast Guard does not                        U.S.C. 3501–3520.).                                   affect children.


                                           VerDate Sep<11>2014   17:07 Jul 15, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\16JYP1.SGM   16JYP1


                                                42072                      Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules

                                                11. Indian Tribal Governments                                  Security Management Directive 023–01                           under ADDRESSES. We seek any
                                                   This proposed rule does not have                            and Commandant Instruction                                     comments or information that may lead
                                                tribal implications under Executive                            M16475.lD, which guide the Coast                               to the discovery of a significant
                                                Order 13175, Consultation and                                  Guard in complying with the National                           environmental impact from this
                                                Coordination with Indian Tribal                                Environmental Policy Act of 1969                               proposed rule.
                                                Governments, because it would not have                         (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                               have made a preliminary determination                          List of Subjects in 33 CFR Part 100
                                                a substantial direct effect on one or
                                                more Indian tribes, on the relationship                        that this action is one of a category of                         Marine safety, Navigation (water),
                                                between the Federal Government and                             actions that do not individually or                            Reporting and recordkeeping
                                                Indian tribes, or on the distribution of                       cumulatively have a significant effect on                      requirements, Waterways.
                                                power and responsibilities between the                         the human environment. This proposed
                                                                                                                                                                                For the reasons discussed in the
                                                Federal Government and Indian tribes.                          rule involves implementation of
                                                                                                                                                                              preamble, the Coast Guard proposes to
                                                                                                               regulations within 33 CFR part 100
                                                12. Energy Effects                                                                                                            amend 33 CFR part 100 as follows:
                                                                                                               applicable to organized marine events
                                                   This proposed rule is not a                                 on the navigable waters of the United                          PART 100—SAFETY OF LIFE ON
                                                ‘‘significant energy action’’ under                            States that could negatively impact the                        NAVIGABLE WATERS
                                                Executive Order 13211, Actions                                 safety of waterway users and shore side
                                                Concerning Regulations That                                    activities in the event area. The category                     ■ 1. The authority citation for part 100
                                                Significantly Affect Energy Supply,                            of water activities includes but is not                        continues to read as follows:
                                                Distribution, or Use.                                          limited to sail boat regattas, boat
                                                                                                               parades, power boat racing, swimming                               Authority: 33 U.S.C. 1233.
                                                13. Technical Standards                                        events, crew racing, canoe and sail                            ■   2. In the Table to § 100.501:
                                                  This proposed rule does not use                              board racing. This rule is categorically                       ■   a. Suspend line No. (b.)21; and
                                                technical standards. Therefore, we did                         excluded from further review under                             ■   b. Add line No. (b.)24.
                                                not consider the use of voluntary                              paragraph 34(h) of Figure 2–1 of the                               The addition reads as follows:
                                                consensus standards.                                           Commandant Instruction. A preliminary
                                                                                                               environmental analysis checklist                               § 100.501 Special Local Regulations;
                                                14. Environment                                                supporting this determination and a                            Recurring Marine Event in the Fifth Coast
                                                  We have analyzed this proposed rule                          Categorical Exclusion Determination are                        Guard District.
                                                under Department of Homeland                                   available in the docket where indicated                        *      *        *       *   *

                                                                                                                           TABLE TO § 100.501
                                                                                              [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]

                                                    No.                  Date                            Event                       Sponsor                                              Location


                                                            *                           *                           *                          *                         *                        *              *

                                                                                                             (b.) Coast Guard Sector Baltimore—COTP Zone


                                                            *                           *                     *                           *                               *                    *                    *
                                                24 ...........   October 3 and 4,               Ocean City Mary-              Offshore Perform-                The waters of the North Atlantic Ocean commencing at a point
                                                                  2015.                          land Offshore                  ance Assn. Rac-                  on the shoreline at latitude 38°25′42″ N., longitude
                                                                                                 Grand Prix.                    ing, LLC.                        075°03′06″ W.; thence east southeast to latitude 38°25′30″
                                                                                                                                                                 N., longitude 075°02′12″ W., thence south southwest par-
                                                                                                                                                                 allel to the Ocean City shoreline to latitude 38°19′12″ N.,
                                                                                                                                                                 longitude 075°03′48″ W.; thence west northwest to the
                                                                                                                                                                 shoreline at latitude 38°19′30″ N., longitude 075°05′00″ W.

                                                            *                           *                           *                          *                         *                        *              *



                                                  Dated: June 23, 2015.                                        DEPARTMENT OF HOMELAND                                         SUMMARY:   The Coast Guard proposes to
                                                Kevin C. Kiefer,                                               SECURITY                                                       establish a temporary safety zone on the
                                                Captain, U.S. Coast Guard, Captain of the                                                                                     waters of Indian River Bay adjacent to
                                                Port Baltimore.                                                Coast Guard                                                    Millsboro, Delaware. The safety zone
                                                [FR Doc. 2015–17456 Filed 7–15–15; 8:45 am]                                                                                   will restrict vessel traffic on Indian
                                                                                                               33 CFR Part 165                                                River Bay in the vicinity of a fireworks
                                                BILLING CODE 9110–04–P
                                                                                                                                                                              barge on August 22 and September 26,
                                                                                                               [Docket Number USCG–2015–0563]                                 2015, from 8:45 p.m. until 10:15 p.m. on
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                                              each day. Should inclement weather
                                                                                                               RIN 1625–AA00                                                  require cancellation of the fireworks
                                                                                                                                                                              display on the above scheduled dates,
                                                                                                               Safety Zone, Indian River Bay;                                 the safety zone will be enforced from
                                                                                                               Millsboro, DE                                                  8:45 p.m. to 10:15 p.m. on August 23
                                                                                                               AGENCY:       Coast Guard, DHS.                                and September 27, 2015. This safety
                                                                                                                                                                              zone is necessary to protect the
                                                                                                               ACTION:       Notice of proposed rulemaking.
                                                                                                                                                                              surrounding public and vessels from the


                                           VerDate Sep<11>2014     17:07 Jul 15, 2015       Jkt 235001   PO 00000       Frm 00006   Fmt 4702       Sfmt 4702   E:\FR\FM\16JYP1.SGM   16JYP1



Document Created: 2015-12-15 13:13:21
Document Modified: 2015-12-15 13:13:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 17, 2015.
ContactIf you have questions on this rule, call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD; telephone 410-576-2674, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 42069 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR