81 FR 15000 - Safety Zone; Cocos Lagoon, Merizo, GU
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 54 (March 21, 2016)
Coast Guard
Federal Register Volume 81, Issue 54 (March 21, 2016)
| Page Range | 15000-15002 | |
| FR Document | 2016-06294 |
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)] [Proposed Rules] [Pages 15000-15002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06294] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0138] RIN 1625-AA00 Safety Zone; Cocos Lagoon, Merizo, GU AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a safety zone for Coco's Crossing swim event in the waters of Coco's Lagoon, Guam. This event is scheduled to take place from 6 a.m. to 1 p.m. on May 29, 2015. This safety zone is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. Race participants, chase boats and organizers of the event will be exempt from the safety zone. Entry of persons or vessels into this safety zone is prohibited unless authorized by the Captain of the Port (COTP). We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before April 20, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0138 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at (671) 355-4866, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On February 16, 2016, the Coast Guard was notified of the intent of the Manukai Athletic Club and The Manhoben Swim Club to hold the Coco's Crossing swimming race on May 29, 2016 from 6 a.m. to 1 p.m. in Merizo. The race will be from the Merizo pier to Coco's Island and back. This safety zone is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. The Captain of the Port Guam has determined that potential hazards associated with vessels in the area would be a safety concern for participants; therefore, a 100- yard radius is established around all participants. The purpose of this rulemaking is to ensure the safety of race participants in the navigable waters within a 100-yard radius before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to establish a safety zone from 6 a.m. to 1 p.m. on May 29, 2016. The safety zone would cover all navigable waters within a 100-yard radius of race participants in Merizo and Coco's Lagoon. The duration of the zone is intended to ensure the safety of participants before, during, and after the scheduled 6 a.m. to 1 p.m. race. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Race participants, chase boats and organizers of the event are exempt from the safety zone. 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. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic would be able to safely transit around this safety zone which would impact a small designated area of the Merizo and Coco's Lagoon for 7 hours in the morning when vessel traffic in the area is low and mainly constitutes excursions to Coco's Island. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), [[Page 15001]] we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting less than 7 hours that would prohibit entry within 200 yards of race participants. 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 and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://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 http://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 http://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 record- keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--SAFETY ZONE; COCOS LAGOON, MERIZO, GU 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.T14-0138 to read as follows: 165. T14-0138 Safety Zone; Cocos Lagoon, Merizo, Guam. (a) Location. The following area, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a 100-yard radius of race participants in Merizo and Coco's Lagoon. Race participants, chase boats and organizers of the event will be exempt from the safety zone. (b) Effective Dates. This rule is effective from 6 a.m. through 1 p.m. on May 29, 2016 through 1 p.m. (c) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this temporary safety zone. (d) Waiver. The COPT may waive any of the requirements of this rule for any person, vessel or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security, (g) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. [[Page 15002]] Dated: March 2, 2016. James B. Pruett, Captain, U.S. Coast Guard, Captain of the Port Guam. [FR Doc. 2016-06294 Filed 3-18-16; 8:45 am] BILLING CODE 9110-04-P
![15000 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules
persons and vessels receiving such Gauthier, U.S. Coast Guard Sector Guam A. Regulatory Planning and Review
authorization must comply with the at (671) 355–4866, email Executive Orders 12866 and 13563
instructions of the Captain of the Port Kristina.M.Gauthier@uscg.mil. direct agencies to assess the costs and
Sector Columbia River or a designated SUPPLEMENTARY INFORMATION: benefits of available regulatory
representative. alternatives and, if regulation is
(d) Enforcement period. This safety I. Table of Abbreviations
necessary, to select regulatory
zone as described in paragraph (a) of CFR Code of Federal Regulations
approaches that maximize net benefits.
this section will be enforced from 7 a.m. DHS Department of Homeland Security
FR Federal Register Executive Order 13563 emphasizes the
to 7 p.m. each day from June 3, 2016, importance of quantifying both costs
through June 5, 2016. NPRM Notice of proposed rulemaking
§ Section and benefits, of reducing costs, of
Dated: March 4, 2016. U.S.C. United States Code harmonizing rules, and of promoting
D.J. Travers, flexibility. This NPRM has not been
II. Background, Purpose, and Legal
Captain, U.S. Coast Guard, Captain of the designated a ‘‘significant regulatory
Basis
Port, Sector Columbia River. action,’’ under Executive Order 12866.
[FR Doc. 2016–05880 Filed 3–18–16; 8:45 am] On February 16, 2016, the Coast Accordingly, the NPRM has not been
BILLING CODE 9110–04–P
Guard was notified of the intent of the reviewed by the Office of Management
Manukai Athletic Club and The and Budget.
Manhoben Swim Club to hold the This regulatory action determination
DEPARTMENT OF HOMELAND Coco’s Crossing swimming race on May is based on the size, location, duration,
SECURITY 29, 2016 from 6 a.m. to 1 p.m. in and time-of-day of the safety zone.
Merizo. The race will be from the Vessel traffic would be able to safely
Coast Guard Merizo pier to Coco’s Island and back. transit around this safety zone which
This safety zone is necessary to protect would impact a small designated area of
33 CFR Part 165 all persons and vessels participating in the Merizo and Coco’s Lagoon for 7
this marine event from potential safety hours in the morning when vessel traffic
[Docket Number USCG–2016–0138]
hazards associated with vessel traffic in in the area is low and mainly constitutes
RIN 1625–AA00 the area. The Captain of the Port Guam excursions to Coco’s Island. Moreover,
has determined that potential hazards the Coast Guard would issue a
Safety Zone; Cocos Lagoon, Merizo, associated with vessels in the area Broadcast Notice to Mariners via VHF–
GU would be a safety concern for FM marine channel 16 about the zone,
AGENCY: Coast Guard, DHS. participants; therefore, a 100-yard and the rule would allow vessels to seek
radius is established around all permission to enter the zone.
ACTION: Notice of proposed rulemaking. participants.
SUMMARY: The Coast Guard proposes to The purpose of this rulemaking is to B. Impact on Small Entities
establish a safety zone for Coco’s ensure the safety of race participants in The Regulatory Flexibility Act of
Crossing swim event in the waters of the navigable waters within a 100-yard 1980, 5 U.S.C. 601–612, as amended,
Coco’s Lagoon, Guam. This event is radius before, during, and after the requires Federal agencies to consider
scheduled to take place from 6 a.m. to scheduled event. The Coast Guard the potential impact of regulations on
1 p.m. on May 29, 2015. This safety proposes this rulemaking under small entities during rulemaking. The
authority in 33 U.S.C. 1231. term ‘‘small entities’’ comprises small
zone is necessary to protect all persons
and vessels participating in this marine III. Discussion of Proposed Rule businesses, not-for-profit organizations
event from potential safety hazards The COTP proposes to establish a that are independently owned and
associated with vessel traffic in the area. safety zone from 6 a.m. to 1 p.m. on May operated and are not dominant in their
Race participants, chase boats and 29, 2016. The safety zone would cover fields, and governmental jurisdictions
organizers of the event will be exempt all navigable waters within a 100-yard with populations of less than 50,000.
from the safety zone. Entry of persons or radius of race participants in Merizo The Coast Guard certifies under 5 U.S.C.
vessels into this safety zone is and Coco’s Lagoon. The duration of the 605(b) that this proposed rule would not
prohibited unless authorized by the zone is intended to ensure the safety of have a significant economic impact on
Captain of the Port (COTP). We invite participants before, during, and after the a substantial number of small entities.
your comments on this proposed scheduled 6 a.m. to 1 p.m. race. No While some owners or operators of
rulemaking. vessel or person would be permitted to vessels intending to transit the safety
DATES: Comments and related material enter the safety zone without obtaining zone may be small entities, for the
must be received by the Coast Guard on permission from the COTP or a reasons stated in section IV.A above this
or before April 20, 2016. designated representative. Race proposed rule would not have a
participants, chase boats and organizers significant economic impact on any
ADDRESSES: You may submit comments
of the event are exempt from the safety vessel owner or operator.
identified by docket number USCG– If you think that your business,
2016–0138 using the Federal zone. The regulatory text we are
proposing appears at the end of this organization, or governmental
eRulemaking Portal at http:// jurisdiction qualifies as a small entity
www.regulations.gov. See the ‘‘Public document.
and that this rule would have a
Participation and Request for IV. Regulatory Analyses
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significant economic impact on it,
Comments’’ portion of the We developed this proposed rule after please submit a comment (see
SUPPLEMENTARY INFORMATION section for
considering numerous statutes and ADDRESSES) explaining why you think it
further instructions on submitting Executive orders related to rulemaking. qualifies and how and to what degree
comments. Below we summarize our analyses this rule would economically affect it.
FOR FURTHER INFORMATION CONTACT: If based on a number of these statutes and Under section 213(a) of the Small
you have questions about this proposed Executive orders and we discuss First Business Regulatory Enforcement
rulemaking, call or email Chief Kristina Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121),
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![15002 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules
Dated: March 2, 2016. containing confidential information Fee Assessment Methodology
James B. Pruett, should not be submitted by email. Applying the guidance for assessing
Captain, U.S. Coast Guard, Captain of the • Mail: Karen V. Gregory, Secretary, fees provided in OMB Circular A–25,
Port Guam. Federal Maritime Commission, 800 the Commission has revised its
[FR Doc. 2016–06294 Filed 3–18–16; 8:45 am] North Capitol Street NW., Washington, methodology for computing fees to
BILLING CODE 9110–04–P DC 20573–0001. Phone: (202) 523–5725. determine the full costs of providing
Email: secretary@fmc.gov. services.2 A detailed description of the
• Docket: For access to the docket to methodology, as established by the
FEDERAL MARITIME COMMISSION read background documents or Commission’s Office of Budget and
comments received, go to: http:// Finance, is available in the docket to
46 CFR Parts 502, 503, 515, 520, 530, www.fmc.gov/16-06, select Docket No. this rulemaking.
535, 540, 550, 555, and 560 16–06 from the drop-down list next to The Commission has developed data
‘‘Proceeding or Inquiry Number’’ and on the time and cost involved in
[Docket No. 16–06]
click the ‘‘Search’’ option. providing particular services to arrive at
RIN 3072–AC34 FOR FURTHER INFORMATION CONTACT: the updated direct and indirect labor
Karen V. Gregory, Secretary, Federal costs for those services. As part of its
Update of Existing and Addition of assessment, the Commission utilized
Maritime Commission, 800 North
New User Fees salaries of Full Time Equivalents (FTEs)
Capitol Street NW., Washington, DC
AGENCY: Federal Maritime Commission. 20573–0001. Phone: (202) 523–5725. assigned to fee-generating activities to
ACTION:Advance notice of proposed Email: secretary@fmc.gov. identify the various direct and indirect
rulemaking. SUPPLEMENTARY INFORMATION: The
costs associated with providing services.
Commission’s current user fees are Direct labor costs include clerical and
SUMMARY: The Federal Maritime based on an assessment of fiscal year professional time expended on an
Commission (Commission) is 2004 costs and have not been updated activity. Indirect labor costs include
considering amending its current user labor provided by bureaus and offices
since 2005.1 Consequently, many of the
fees and invites public comment on that provide direct support to the fee-
current user fees no longer represent the
whether the Commission should amend generating offices in their efforts to
Commission’s actual costs for providing
its user fees. Specifically, the provide services, and include
services. The Commission is seeking
Commission is considering increasing managerial and supervisory costs
comments on possible adjustments to its
fees for: Filing complaints and certain associated with providing a particular
user fees based on fiscal year 2015 costs
petitions; records searches, document service. Other indirect costs include
assessed through a new methodology for
copying, and admissions to practice; Government overhead costs, such as
calculating costs for services provided
paper filing of ocean transportation fringe benefits and other wage-related
by the Commission.
intermediary (OTI) applications; filing Government contributions contained in
The Independent Offices OMB Circular A–76, Performance of
applications for special permission; and Appropriation Act of 1952 (IOAA), 31
filing agreements. Commercial Activities (revised May 29,
U.S.C. 9701, authorizes agencies to 2003) and office general and
The Commission is also considering
establish charges (user fees) for services administrative expenses.3 The sum of
lowering fees for: Reviewing Freedom of
and benefits that it provides to specific these indirect cost components gives an
Information Act (FOIA) requests;
recipients. Under the IOAA, charges indirect cost factor that is added to the
revising clerical errors on service
must be fair and based on the costs to direct labor costs of an activity to arrive
contracts; revising clerical errors on
the Government, the value of the service at the fully distributed cost.
non-vessel-operating common carrier
or thing to the recipient, the public
(NVOCC) service agreements; and Proposed Fee Adjustments
policy or interest served, and other
Commission services to passenger vessel
relevant facts. The IOAA also provides The adjustments the Commission is
operators (PVOs).
that regulations implementing user fees considering would allow some user fees
In addition, the Commission is
are subject to policies prescribed by the to remain unchanged; increase, reduce,
considering repealing four existing fees
President, which are currently set forth or delete other fees; and add one new
for: Adding interested parties to a
in OMB Circular A–25, User Charges fee. The Commission is considering
specific docket mailing list; the
(revised July 8, 1993). making upward adjustments of fees to
Regulated Persons Index database;
OMB Circular A–25 requires agencies reflect increases in salary and indirect
database reports on Effective Carrier
to conduct a periodic reassessment of (overhead) costs. For some services, an
Agreements; and filing petitions for
costs and, if necessary, adjust or increase in processing or review time
rulemaking. The Commission is also
establish new fees. Under OMB Circular may account for all or part of increase
considering adding a new fee for
A–25, fees should be established for
requests for expedited review of an
Government-provided services that 2 The revised methodology also satisfies the
agreement filing. recommendations set forth in the Commission’s
confer benefits on identifiable recipients
DATES: Comments are due on or before: Office of Inspector General’s report, Review of
over and above those benefits received FMC’s User Fee Calculations (May 27, 2010).
April 18, 2016. by the general public. OMB Circular A– 3 OMB Circular A–76 lists the following indirect
ADDRESSES: You may submit comments, 25 also provides that agencies should labor costs: leave and holidays, retirement, worker’s
identified by the docket number in the determine or estimate costs based on the compensation, awards, health and life insurance,
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heading of this document, by any of the and Medicare. General and administrative costs are
best available records in the agency, and expressed as a percentage of basic pay. These
following methods: that cost computations must cover the include all salaries and overhead such as rent,
• Email: secretary@fmc.gov. Include direct and indirect costs to the agency utilities, supplies, and equipment allocated to
in the subject line: ‘‘Docket No. 16–06, providing the activity. Commission offices that provide direct support to
Comments on Update of User Fees.’’ fee-generating offices such as the Office of the
Managing Director, Office of Information
Comments should be attached to the 1 The Commission established the fee for filing or Technology, Office of Human Resources, Office of
email as a Microsoft Word or text- updating OTI license applications electronically in Budget and Finance, and the Office of Management
searchable PDF document. Comments 2007. Services.
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Document Created: 2016-03-19 01:00:11
Document Modified: 2016-03-19 01:00:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before April 20, 2016. | |
| Contact | If you have questions about this proposed rulemaking, call or email Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at (671) 355-4866, email [email protected] | |
| FR Citation | 81 FR 15000 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR