81_FR_5990 81 FR 5967 - Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL

81 FR 5967 - Special Local Regulation, Daytona Beach Grand Prix of the Seas; Atlantic Ocean, Daytona Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 23 (February 4, 2016)

Page Range5967-5969
FR Document2016-02097

The Coast Guard proposes to establish a special local regulation on the waters of the Atlantic Ocean east of Daytona Beach, Florida during the Daytona Beach Grand Prix of the Seas, a series of high-speed personal watercraft boat races. This action is necessary to provide for the safety of life on the navigable waters surrounding the event. This special local regulation will be enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port (COTP) Jacksonville or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 23 (Thursday, February 4, 2016)
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Proposed Rules]
[Pages 5967-5969]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02097]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-1108]
RIN 1625-AA08


Special Local Regulation, Daytona Beach Grand Prix of the Seas; 
Atlantic Ocean, Daytona Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a special local 
regulation on the waters of the Atlantic Ocean east of Daytona Beach, 
Florida during the Daytona Beach Grand Prix of the Seas, a series of 
high-speed personal watercraft boat races. This action is necessary to 
provide for the safety of life on the navigable waters surrounding the 
event. This special local regulation will be enforced daily 8 a.m. to 5 
p.m., from April 22 through April 24, 2016. This proposed rulemaking 
would prohibit persons and vessels from being in the regulated area 
unless authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 7, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1108 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 Lieutenant Allan Storm, Sector 
Jacksonville, Waterways Management Division, U.S. Coast Guard; 
telephone (904) 564-7563, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On December 7, 2015, Powerboat P1-USA, LLC notified the Coast Guard 
that it will be conducting a series of high speed boat races in the 
Atlantic Ocean, offshore from Daytona Beach, FL from April 22 through 
24, 2016. The COTP Jacksonville has determined that the potential 
hazards associated with the high speed boat races necessitate the 
establishment of a special local regulation.
    The purpose of this rulemaking is to ensure the safety of life on 
the navigable waters of the United States by prohibiting all vessels 
and persons not participating in the event from entering the regulated 
area. The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a special local regulation for the 
Daytona Beach Grand Prix of the Seas, a series of high-speed personal 
watercraft boat races. The regulated area includes the waters of the 
Atlantic Ocean offshore from Daytona Beach, Florida and will be 
enforced daily 8 a.m. to 5 p.m., from April 22 through April 24, 2016. 
Approximately 90 high-speed personal watercraft are anticipated to 
participate in the races. The regulated area would encompass an 
approximated offshore area that is 1,350 yards wide that extends from 
600 yards south of the Daytona Beach pier to 1,900 yards north of the 
pier. No vessel or person would be permitted to enter the regulated 
area without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders (E.O.s) related to rulemaking. Below, we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 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 E.O. 12866. Accordingly,

[[Page 5968]]

the NPRM has not been reviewed by the Office of Management and Budget.
    The Coast Guard has determined that this NPRM is not a significant 
regulatory action for the following reasons: (1) the special local 
regulation would be enforced for a total of only 27 hours over the 
course of three days; (2) although persons and vessels would not be 
able to enter, transit through, anchor in, or remain within the 
regulated area without authorization from the COTP Jacksonville or a 
designated representative, they would be able to operate in the 
surrounding area during the enforcement period; (3) persons and vessels 
would still be able to enter, transit through, anchor in, or remain 
within the regulated if authorized by the COTP Jacksonville or a 
designated representative; and (4) the Coast Guard would provide 
advance notification of the special local regulation to the local 
maritime community via Broadcast Notice to Mariners or by on-scene 
designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
through the regulated area may be small entities, for the reasons 
stated in section IV.A above, this proposed rule would not have a 
significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a special 
local regulation that would prohibit persons and vessels from 
transiting through a 2,500 yard by 1,350 yard regulated area during a 
three day racing event lasting nine hours daily. Normally such actions 
are categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at 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,

[[Page 5969]]

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 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T07-1108 to read as follows:


Sec.  100.35T07-1108  Special Local Regulation, Daytona Beach Grand 
Prix of the Seas; Atlantic Ocean, Daytona Beach, FL.

    (a) Regulated Area. The following regulated area is a special local 
regulation located offshore from Daytona Beach, FL. All waters of the 
Atlantic Ocean encompassed within the following points: Starting at 
Point 1 in position 29[deg]14.580' N., 081[deg]00.820' W., thence 
northeast to Point 2 in position 29[deg]14.783' N., 081[deg]00.101' W., 
thence southeast to Point 3 in position 29[deg]13.646' N., 
081[deg]59.549' W., thence southwest to Point 4 in position 
29[deg]13.434' N., 081[deg]00.224' W., thence northwest back to origin. 
These coordinates are based on North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port (COTP) Jacksonville in the enforcement of the 
regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP Jacksonville or a 
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP 
Jacksonville by telephone at 904-564-7511, or a designated 
representative via VHF-FM radio on channel 16 to request authorization. 
If authorization is granted, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP 
Jacksonville or designated representative.
    (3) The Coast Guard will provide notice of the regulated area 
through Broadcast Notice to Mariners via VHF-FM channel 16 or by on-
scene designated representatives.
    (d) Enforcement Period. This section will be enforced daily 8 a.m. 
to 5 p.m. from April 22 through April 24, 2016.

    Dated: January 25, 2016.
J.F. Dixon,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2016-02097 Filed 2-3-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                               Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules                                         5967

                                                      1(b)(4)(viii)(c)(2)(ii) is the same as the              DEPARTMENT OF HOMELAND                                II. Background, Purpose, and Legal
                                                      text of § 1.704–1T(b)(4)(viii)(c)(2)(ii)                SECURITY                                              Basis
                                                      published elsewhere in this issue of the                                                                         On December 7, 2015, Powerboat P1–
                                                      Federal Register.]                                      Coast Guard
                                                                                                                                                                    USA, LLC notified the Coast Guard that
                                                        (iii) [The text of the proposed                                                                             it will be conducting a series of high
                                                                                                              33 CFR Part 100
                                                      amendments to § 1.704–                                                                                        speed boat races in the Atlantic Ocean,
                                                      1(b)(4)(viii)(c)(2)(iii) is the same as the                                                                   offshore from Daytona Beach, FL from
                                                                                                              [Docket Number USCG–2015–1108]                        April 22 through 24, 2016. The COTP
                                                      text of § 1.704–1T(b)(4)(viii)(c)(2)(iii)
                                                      published elsewhere in this issue of the                                                                      Jacksonville has determined that the
                                                      Federal Register.]                                      RIN 1625–AA08                                         potential hazards associated with the
                                                                                                                                                                    high speed boat races necessitate the
                                                        (3) [The text of the proposed                         Special Local Regulation, Daytona                     establishment of a special local
                                                      amendments to § 1.704–                                  Beach Grand Prix of the Seas; Atlantic                regulation.
                                                      1(b)(4)(viii)(c)(3) is the same as the text             Ocean, Daytona Beach, FL                                 The purpose of this rulemaking is to
                                                      of § 1.704–1T(b)(4)(viii)(c)(3) published                                                                     ensure the safety of life on the navigable
                                                      elsewhere in this issue of the Federal                  AGENCY:   Coast Guard, DHS.
                                                                                                                                                                    waters of the United States by
                                                      Register.]                                              ACTION:   Notice of proposed rulemaking.              prohibiting all vessels and persons not
                                                        (4) [The text of the proposed                         SUMMARY:    The Coast Guard proposes to               participating in the event from entering
                                                      amendments to § 1.704–                                  establish a special local regulation on               the regulated area. The Coast Guard
                                                      1(b)(4)(viii)(c)(4) is the same as the text             the waters of the Atlantic Ocean east of              proposes this rulemaking under
                                                      of § 1.704–1T(b)(4)(viii)(c)(4) published               Daytona Beach, Florida during the                     authority in 33 U.S.C. 1233.
                                                      elsewhere in this issue of the Federal                  Daytona Beach Grand Prix of the Seas,                 III. Discussion of Proposed Rule
                                                      Register.]                                              a series of high-speed personal
                                                                                                              watercraft boat races. This action is                    The COTP proposes to establish a
                                                      *      *     *     *       *                                                                                  special local regulation for the Daytona
                                                                                                              necessary to provide for the safety of life
                                                        (d) Allocation and apportionment of                                                                         Beach Grand Prix of the Seas, a series
                                                                                                              on the navigable waters surrounding the
                                                      CFTEs to CFTE categories. (1) [The text                 event. This special local regulation will             of high-speed personal watercraft boat
                                                      of the proposed amendments to § 1.704–                  be enforced daily 8 a.m. to 5 p.m., from              races. The regulated area includes the
                                                      1(b)(4)(viii)(d)(1) is the same as the text             April 22 through April 24, 2016. This                 waters of the Atlantic Ocean offshore
                                                      of § 1.704–1T(b)(4)(viii)(d)(1) published               proposed rulemaking would prohibit                    from Daytona Beach, Florida and will be
                                                      elsewhere in this issue of the Federal                  persons and vessels from being in the                 enforced daily 8 a.m. to 5 p.m., from
                                                      Register.]                                              regulated area unless authorized by the               April 22 through April 24, 2016.
                                                      *      *     *     *       *                            Captain of the Port (COTP) Jacksonville               Approximately 90 high-speed personal
                                                                                                              or a designated representative. We                    watercraft are anticipated to participate
                                                        (5) * * *                                                                                                   in the races. The regulated area would
                                                                                                              invite your comments on this proposed
                                                        Example 25. [The text of the proposed                 rulemaking.                                           encompass an approximated offshore
                                                      amendments to § 1.704–1(b)(5) Example                                                                         area that is 1,350 yards wide that
                                                                                                              DATES: Comments and related material
                                                      24 is the same as the text of § 1.704–                                                                        extends from 600 yards south of the
                                                                                                              must be received by the Coast Guard on                Daytona Beach pier to 1,900 yards north
                                                      1T(b)(5) Example 25 published                           or before March 7, 2016.
                                                      elsewhere in this issue of the Federal                                                                        of the pier. No vessel or person would
                                                      Register.]                                              ADDRESSES:   You may submit comments                  be permitted to enter the regulated area
                                                                                                              identified by docket number USCG–                     without obtaining permission from the
                                                      *      *     *     *       *                                                                                  COTP or a designated representative.
                                                                                                              2015–1108 using the Federal
                                                         Example 36. [The text of the proposed
                                                                                                              eRulemaking Portal at http://                         The regulatory text we are proposing
                                                      amendments to § 1.704–1(b)(5) Example 36 is
                                                                                                              www.regulations.gov. See the ‘‘Public                 appears at the end of this document.
                                                      the same as the text of § 1.704–1T(b)(5)
                                                                                                              Participation and Request for
                                                      Example 36 published elsewhere in this                                                                        IV. Regulatory Analyses
                                                      issue of the Federal Register.]
                                                                                                              Comments’’ portion of the
                                                                                                              SUPPLEMENTARY INFORMATION section for                   We developed this proposed rule after
                                                         Example 37. [The text of the proposed
                                                                                                              further instructions on submitting                    considering numerous statutes and
                                                      amendments to § 1.704–1(b)(5) Example 37 is
                                                                                                              comments.                                             Executive orders (E.O.s) related to
                                                      the same as the text of § 1.704–1T(b)(5)
                                                                                                                                                                    rulemaking. Below, we summarize our
                                                      Example 37 published elsewhere in this                  FOR FURTHER INFORMATION CONTACT:   If
                                                                                                                                                                    analyses based on a number of these
                                                      issue of the Federal Register.]                         you have questions about this proposed
                                                                                                                                                                    statutes and E.O.s, and we discuss First
                                                      *      *     *       *      *                           rulemaking, call or email Lieutenant
                                                                                                                                                                    Amendment rights of protestors.
                                                                                                              Allan Storm, Sector Jacksonville,
                                                      John Dalrymple,                                         Waterways Management Division, U.S.                   A. Regulatory Planning and Review
                                                      Deputy Commissioner for Services and                    Coast Guard; telephone (904) 564–7563,                   E.O.s 12866 and 13563 direct agencies
                                                      Enforcement.                                            email Allan.H.Storm@uscg.mil.                         to assess the costs and benefits of
                                                      [FR Doc. 2016–01948 Filed 2–3–16; 8:45 am]              SUPPLEMENTARY INFORMATION:                            available regulatory alternatives and, if
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      BILLING CODE 4830–01–P
                                                                                                              I. Table of Abbreviations                             regulation is necessary, to select
                                                                                                                                                                    regulatory approaches that maximize
                                                                                                              CFR Code of Federal Regulations                       net benefits. E.O. 13563 emphasizes the
                                                                                                              DHS Department of Homeland Security                   importance of quantifying both costs
                                                                                                              E.O. Executive order
                                                                                                              FR Federal Register
                                                                                                                                                                    and benefits, of reducing costs, of
                                                                                                              NPRM Notice of proposed rulemaking                    harmonizing rules, and of promoting
                                                                                                              Pub. L. Public Law                                    flexibility. This NPRM has not been
                                                                                                              § Section                                             designated a ‘‘significant regulatory
                                                                                                              U.S.C. United States Code                             action,’’ under E.O. 12866. Accordingly,


                                                 VerDate Sep<11>2014   16:55 Feb 03, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\04FEP1.SGM   04FEP1


                                                      5968                  Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules

                                                      the NPRM has not been reviewed by the                   listed in the FOR FURTHER INFORMATION                 U.S.C. 4321–4370f), and have made a
                                                      Office of Management and Budget.                        CONTACT section. The Coast Guard will                 preliminary determination that this
                                                         The Coast Guard has determined that                  not retaliate against small entities that             action is one of a category of actions that
                                                      this NPRM is not a significant regulatory               question or complain about this                       do not individually or cumulatively
                                                      action for the following reasons: (1) the               proposed rule or any policy or action of              have a significant effect on the human
                                                      special local regulation would be                       the Coast Guard.                                      environment. This proposed rule
                                                      enforced for a total of only 27 hours                                                                         involves a special local regulation that
                                                      over the course of three days; (2)                      C. Collection of Information
                                                                                                                                                                    would prohibit persons and vessels
                                                      although persons and vessels would not                    This proposed rule would not call for               from transiting through a 2,500 yard by
                                                      be able to enter, transit through, anchor               a new collection of information under                 1,350 yard regulated area during a three
                                                      in, or remain within the regulated area                 the Paperwork Reduction Act of 1995                   day racing event lasting nine hours
                                                      without authorization from the COTP                     (44 U.S.C. 3501–3520).                                daily. Normally such actions are
                                                      Jacksonville or a designated                                                                                  categorically excluded from further
                                                                                                              D. Federalism and Indian Tribal
                                                      representative, they would be able to                                                                         review under paragraph 34(h) of Figure
                                                                                                              Governments
                                                      operate in the surrounding area during                                                                        2–1 of Commandant Instruction
                                                      the enforcement period; (3) persons and                    A rule has implications for federalism             M16475.lD. A preliminary
                                                      vessels would still be able to enter,                   under E.O. 13132, Federalism, if it has               environmental analysis checklist and
                                                      transit through, anchor in, or remain                   a substantial direct effect on the States,            Categorical Exclusion Determination are
                                                      within the regulated if authorized by the               on the relationship between the national              available in the docket where indicated
                                                      COTP Jacksonville or a designated                       government and the States, or on the                  under ADDRESSES. We seek any
                                                      representative; and (4) the Coast Guard                 distribution of power and                             comments or information that may lead
                                                      would provide advance notification of                   responsibilities among the various                    to the discovery of a significant
                                                      the special local regulation to the local               levels of government. We have analyzed                environmental impact from this
                                                      maritime community via Broadcast                        this proposed rule under that Order and               proposed rule.
                                                      Notice to Mariners or by on-scene                       have determined that it is consistent
                                                      designated representative.                              with the fundamental federalism                       G. Protest Activities
                                                                                                              principles and preemption requirements                  The Coast Guard respects the First
                                                      B. Impact on Small Entities
                                                                                                              described in E.O. 13132.                              Amendment rights of protesters.
                                                         The Regulatory Flexibility Act of                       Also, this proposed rule does not have             Protesters are asked to contact the
                                                      1980, 5 U.S.C. 601–612, as amended,                     tribal implications under E.O. 13175,                 person listed in the FOR FURTHER
                                                      requires Federal agencies to consider                   Consultation and Coordination with                    INFORMATION CONTACT section to
                                                      the potential impact of regulations on                  Indian Tribal Governments, because it
                                                      small entities during rulemaking. The                                                                         coordinate protest activities so that your
                                                                                                              would not have a substantial direct                   message can be received without
                                                      term ‘‘small entities’’ comprises small                 effect on one or more Indian tribes, on
                                                      businesses, not-for-profit organizations                                                                      jeopardizing the safety or security of
                                                                                                              the relationship between the Federal                  people, places, or vessels.
                                                      that are independently owned and                        Government and Indian tribes, or on the
                                                      operated and are not dominant in their                  distribution of power and                             V. Public Participation and Request for
                                                      fields, and governmental jurisdictions                  responsibilities between the Federal                  Comments
                                                      with populations of less than 50,000.                   Government and Indian tribes. If you
                                                      The Coast Guard certifies under 5 U.S.C.                                                                         We view public participation as
                                                                                                              believe this proposed rule has                        essential to effective rulemaking, and
                                                      605(b) that this proposed rule would not                implications for federalism or Indian
                                                      have a significant economic impact on                                                                         will consider all comments and material
                                                                                                              tribes, please contact the person listed              received during the comment period.
                                                      a substantial number of small entities.                 in the FOR FURTHER INFORMATION
                                                         While some owners or operators of                                                                          Your comment can help shape the
                                                                                                              CONTACT section above.
                                                      vessels intending to transit through the                                                                      outcome of this rulemaking. If you
                                                      regulated area may be small entities, for               E. Unfunded Mandates Reform Act                       submit a comment, please include the
                                                      the reasons stated in section IV.A above,                  The Unfunded Mandates Reform Act                   docket number for this rulemaking,
                                                      this proposed rule would not have a                     of 1995 (2 U.S.C. 1531–1538) requires                 indicate the specific section of this
                                                      significant economic impact on any                      Federal agencies to assess the effects of             document to which each comment
                                                      vessel owner or operator.                               their discretionary regulatory actions. In            applies, and provide a reason for each
                                                         If you think that your business,                     particular, the Act addresses actions                 suggestion or recommendation.
                                                      organization, or governmental                           that may result in the expenditure by a                  We encourage you to submit
                                                      jurisdiction qualifies as a small entity                State, local, or tribal government, in the            comments through the Federal
                                                      and that this rule would have a                         aggregate, or by the private sector of                eRulemaking Portal at http://
                                                      significant economic impact on it,                      $100,000,000 (adjusted for inflation) or              www.regulations.gov. If your material
                                                      please submit a comment (see                            more in any one year. Though this                     cannot be submitted using http://
                                                      ADDRESSES) explaining why you think it                  proposed rule would not result in such                www.regulations.gov, contact the person
                                                      qualifies and how and to what degree                    an expenditure, we do discuss the                     in the FOR FURTHER INFORMATION
                                                      this rule would economically affect it.                 effects of this rule elsewhere in this                CONTACT section of this document for
                                                         Under section 213(a) of the Small                    preamble.                                             alternate instructions.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Business Regulatory Enforcement                                                                                  We accept anonymous comments. All
                                                      Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                        comments received will be posted
                                                      we want to assist small entities in                       We have analyzed this proposed rule                 without change to http://
                                                      understanding this proposed rule. If the                under Department of Homeland                          www.regulations.gov and will include
                                                      rule would affect your small business,                  Security Management Directive 023–01                  any personal information you have
                                                      organization, or governmental                           and Commandant Instruction                            provided. For more about privacy and
                                                      jurisdiction and you have questions                     M16475.lD, which guide the Coast                      the docket, you may review a Privacy
                                                      concerning its provisions or options for                Guard in complying with the National                  Act notice regarding the Federal Docket
                                                      compliance, please contact the person                   Environmental Policy Act of 1969 (42                  Management System in the March 24,


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                                                                            Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules                                            5969

                                                      2005, issue of the Federal Register (70                 contact the COTP Jacksonville by                      who represent key stakeholder
                                                      FR 15086).                                              telephone at 904–564–7511, or a                       constituencies for the issues to be
                                                        Documents mentioned in this NPRM                      designated representative via VHF–FM                  negotiated to serve on the committee,
                                                      as being available in the docket, and all               radio on channel 16 to request                        and we set a schedule for committee
                                                      public comments, will be in our online                  authorization. If authorization is                    meetings.
                                                      docket at http://www.regulations.gov                    granted, all persons and vessels                      DATES: We must receive your
                                                      and can be viewed by following that                     receiving such authorization must                     nominations for negotiators to serve on
                                                      Web site’s instructions. Additionally, if               comply with the instructions of the                   the committee on or before February 25,
                                                      you go to the online docket and sign up                 COTP Jacksonville or designated                       2016. The dates, times, and locations of
                                                      for email alerts, you will be notified                  representative.                                       the committee meetings are set out in
                                                      when comments are posted or a final                        (3) The Coast Guard will provide                   the Schedule for Negotiations section in
                                                      rule is published.                                      notice of the regulated area through                  the SUPPLEMENTARY INFORMATION section
                                                      List of Subjects in 33 CFR Part 100                     Broadcast Notice to Mariners via VHF–                 of this notice.
                                                                                                              FM channel 16 or by on-scene                          ADDRESSES: Submit your nominations
                                                        Marine safety, Navigation (water),                    designated representatives.
                                                      Reporting and recordkeeping                                                                                   for negotiators to James Butler, U.S.
                                                                                                                 (d) Enforcement Period. This section               Department of Education, 400 Maryland
                                                      requirements, Waterways.                                will be enforced daily 8 a.m. to 5 p.m.               Avenue SW., Room 3W246,
                                                        For the reasons discussed in the                      from April 22 through April 24, 2016.                 Washington, DC 20202. Telephone (202)
                                                      preamble, the Coast Guard proposes to                      Dated: January 25, 2016.                           260–9737 or by email:
                                                      amend 33 CFR part 100 as follows:
                                                                                                              J.F. Dixon,                                           OESE.ESSA.nominations@ed.gov.
                                                      PART 100—SAFETY OF LIFE ON                              Captain, U.S. Coast Guard, Captain of the             FOR FURTHER INFORMATION CONTACT:
                                                      NAVIGABLE WATERS                                        Port Jacksonville.                                    James Butler, U.S. Department of
                                                                                                              [FR Doc. 2016–02097 Filed 2–3–16; 8:45 am]            Education, 400 Maryland Avenue SW.,
                                                      ■ 1. The authority citation for part 100                BILLING CODE 9110–04–P                                Room 3W246, Washington, DC 20202.
                                                      continues to read as follows:                                                                                 Telephone (202) 260–9737 or by email:
                                                          Authority: 33 U.S.C. 1233.                                                                                OESE.ESSA.nominations@ed.gov.
                                                                                                              DEPARTMENT OF EDUCATION                                  If you use a telecommunications
                                                      ■ 2. Add § 100.35T07–1108 to read as                                                                          device for the deaf or a text telephone,
                                                      follows:                                                                                                      call the Federal Relay Service, toll free,
                                                                                                              34 CFR Chapter II
                                                      § 100.35T07–1108 Special Local                                                                                at 1–800–877–8339.
                                                                                                              [Docket ID ED–2015–OESE–0130]
                                                      Regulation, Daytona Beach Grand Prix of                                                                       SUPPLEMENTARY INFORMATION:
                                                      the Seas; Atlantic Ocean, Daytona Beach,                Negotiated Rulemaking Committee;
                                                      FL.                                                                                                           Background
                                                                                                              Negotiator Nominations and Schedule
                                                         (a) Regulated Area. The following                    of Committee Meetings                                    On December 10, 2015, the President
                                                      regulated area is a special local                                                                             signed into law the ESSA, amending the
                                                      regulation located offshore from                        AGENCY:  Office of Elementary and                     ESEA. Among other things, the ESSA
                                                      Daytona Beach, FL. All waters of the                    Secondary Education, Department of                    reauthorizes, for a four-year period,
                                                      Atlantic Ocean encompassed within the                   Education.                                            programs under title I of the ESEA,
                                                      following points: Starting at Point 1 in                ACTION: Intent to establish a negotiated              which are designed to provide all
                                                      position 29°14.580′ N., 081°00.820′ W.,                 rulemaking committee.                                 children significant opportunity to
                                                      thence northeast to Point 2 in position                                                                       receive a fair, equitable, and high-
                                                      29°14.783′ N., 081°00.101′ W., thence                   SUMMARY:    We announce our intention to              quality education, and to close
                                                      southeast to Point 3 in position                        establish a negotiated rulemaking                     educational achievement gaps.
                                                      29°13.646′ N., 081°59.549′ W., thence                   committee prior to publishing proposed                   On December 22, 2015, we published
                                                      southwest to Point 4 in position                        regulations to implement part A of title              a request for information and notice of
                                                      29°13.434′ N., 081°00.224′ W., thence                   I, Improving Basic Programs Operated                  meetings (RFI) in the Federal Register
                                                      northwest back to origin. These                         by Local Educational Agencies, of the                 (80 FR 79528), seeking advice and
                                                      coordinates are based on North                          Elementary and Secondary Education                    recommendations on regulatory issues
                                                      American Datum 1983.                                    Act of 1965 (ESEA), as amended by the                 under title I of the ESEA, and providing
                                                         (b) Definition. The term ‘‘designated                Every Student Succeeds Act (ESSA).                    notice of regional meetings at which
                                                      representative’’ means Coast Guard                      The negotiating committee will include                stakeholders were able to provide such
                                                      Patrol Commanders, including Coast                      representatives of constituencies that                advice and recommendations. Those
                                                      Guard coxswains, petty officers, and                    are significantly affected by the topics              meetings were held on January 11, 2016,
                                                      other officers operating Coast Guard                    proposed for negotiations, including                  in Washington, DC, and on January 19,
                                                      vessels, and Federal, state, and local                  Federal, State, and local education                   2016, in Los Angeles, California. The
                                                      officers designated by or assisting the                 administrators, tribal leadership,                    Department will post transcripts from
                                                      Captain of the Port (COTP) Jacksonville                 parents and students, including                       the hearings on its Web site at http://
                                                      in the enforcement of the regulated area.               historically underrepresented students,               www2.ed.gov/policy/elsec/leg/essa/
                                                         (c) Regulations. (1) All persons and                 teachers, principals, other school                    index.html as soon as they are available.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      vessels are prohibited from entering,                   leaders (including charter school                        In response to the RFI, the
                                                      transiting through, anchoring in, or                    leaders), paraprofessionals, members of               Department received written comments
                                                      remaining within the regulated area                     State and local boards of education, the              from more than 370 individuals and
                                                      unless authorized by the COTP                           civil rights community, including                     organizations. Those written comments
                                                      Jacksonville or a designated                            representatives of students with                      may be viewed through the Federal
                                                      representative.                                         disabilities, English learners, and other             eRulemaking Portal at
                                                         (2) Persons and vessels desiring to                  historically underserved students, and                www.regulations.gov. Instructions for
                                                      enter, transit through, anchor in, or                   the business community. We request                    finding comments are available on the
                                                      remain within the regulated area may                    nominations for individual negotiators                site under ‘‘How to Use


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Document Created: 2016-02-04 00:31:33
Document Modified: 2016-02-04 00:31:33
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 March 7, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 564-7563, email [email protected]
FR Citation81 FR 5967 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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