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 

text of § 1.704–1T(b)(4)(viii)(c)(2)(ii) 

published elsewhere in this issue of the 

Federal Register.] 

(iii) [The text of the proposed 

amendments to § 1.704– 

1(b)(4)(viii)(c)(2)(iii) is the same as the 

text of § 1.704–1T(b)(4)(viii)(c)(2)(iii) 

published elsewhere in this issue of the 

Federal Register.] 

(3) [The text of the proposed 

amendments to § 1.704– 

1(b)(4)(viii)(c)(3) is the same as the text 

of § 1.704–1T(b)(4)(viii)(c)(3) published 

elsewhere in this issue of the Federal 

Register.] 

(4) [The text of the proposed 

amendments to § 1.704– 

1(b)(4)(viii)(c)(4) is the same as the text 

of § 1.704–1T(b)(4)(viii)(c)(4) published 

elsewhere in this issue of the Federal 

Register.] 

* * * * * 

(d) Allocation and apportionment of 

CFTEs to CFTE categories. (1) [The text 

of the proposed amendments to § 1.704– 

1(b)(4)(viii)(d)(1) is the same as the text 

of § 1.704–1T(b)(4)(viii)(d)(1) published 

elsewhere in this issue of the Federal 

Register.] 

* * * * * 

(5) * * * 

Example 25. [The text of the proposed 

amendments to § 1.704–1(b)(5) Example 

24 is the same as the text of § 1.704– 

1T(b)(5) Example 25 published 

elsewhere in this issue of the Federal 

Register.] 

* * * * * 

Example 36. [The text of the proposed 

amendments to § 1.704–1(b)(5) Example 36 is 

the same as the text of § 1.704–1T(b)(5) 

Example 36 published elsewhere in this 

issue of the Federal Register.] 

Example 37. [The text of the proposed 

amendments to § 1.704–1(b)(5) Example 37 is 

the same as the text of § 1.704–1T(b)(5) 

Example 37 published elsewhere in this 

issue of the Federal Register.] 

* * * * * 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2016–01948 Filed 2–3–16; 8:45 am] 

BILLING CODE 4830–01–P 

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 Allan.H.Storm@uscg.mil. 

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 

§ 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, 


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

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, 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Proposed Rules 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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T07–1108 to read as 

follows: 

§ 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°14.580′ N., 081°00.820′ W., 

thence northeast to Point 2 in position 

29°14.783′ N., 081°00.101′ W., thence 

southeast to Point 3 in position 

29°13.646′ N., 081°59.549′ W., thence 

southwest to Point 4 in position 

29°13.434′ N., 081°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 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2015–OESE–0130] 

Negotiated Rulemaking Committee; 

Negotiator Nominations and Schedule 

of Committee Meetings 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Intent to establish a negotiated 

rulemaking committee. 

SUMMARY: We announce our intention to 

establish a negotiated rulemaking 

committee prior to publishing proposed 

regulations to implement part A of title 

I, Improving Basic Programs Operated 

by Local Educational Agencies, of the 

Elementary and Secondary Education 

Act of 1965 (ESEA), as amended by the 

Every Student Succeeds Act (ESSA). 

The negotiating committee will include 

representatives of constituencies that 

are significantly affected by the topics 

proposed for negotiations, including 

Federal, State, and local education 

administrators, tribal leadership, 

parents and students, including 

historically underrepresented students, 

teachers, principals, other school 

leaders (including charter school 

leaders), paraprofessionals, members of 

State and local boards of education, the 

civil rights community, including 

representatives of students with 

disabilities, English learners, and other 

historically underserved students, and 

the business community. We request 

nominations for individual negotiators 

who represent key stakeholder 

constituencies for the issues to be 

negotiated to serve on the committee, 

and we set a schedule for committee 

meetings. 

DATES: We must receive your 

nominations for negotiators to serve on 

the committee on or before February 25, 

2016. The dates, times, and locations of 

the committee meetings are set out in 

the Schedule for Negotiations section in 

the SUPPLEMENTARY INFORMATION section 

of this notice. 

ADDRESSES: Submit your nominations 

for negotiators to James Butler, U.S. 

Department of Education, 400 Maryland 

Avenue SW., Room 3W246, 

Washington, DC 20202. Telephone (202) 

260–9737 or by email: 

OESE.ESSA.nominations@ed.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Butler, U.S. Department of 

Education, 400 Maryland Avenue SW., 

Room 3W246, Washington, DC 20202. 

Telephone (202) 260–9737 or by email: 

OESE.ESSA.nominations@ed.gov. 

If you use a telecommunications 

device for the deaf or a text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2015, the President 

signed into law the ESSA, amending the 

ESEA. Among other things, the ESSA 

reauthorizes, for a four-year period, 

programs under title I of the ESEA, 

which are designed to provide all 

children significant opportunity to 

receive a fair, equitable, and highquality education, and to close 

educational achievement gaps. 

On December 22, 2015, we published 

a request for information and notice of 

meetings (RFI) in the Federal Register 

(80 FR 79528), seeking advice and 

recommendations on regulatory issues 

under title I of the ESEA, and providing 

notice of regional meetings at which 

stakeholders were able to provide such 

advice and recommendations. Those 

meetings were held on January 11, 2016, 

in Washington, DC, and on January 19, 

2016, in Los Angeles, California. The 

Department will post transcripts from 

the hearings on its Web site at http://

www2.ed.gov/policy/elsec/leg/essa/

index.html as soon as they are available. 

In response to the RFI, the 

Department received written comments 

from more than 370 individuals and 

organizations. Those written comments 

may be viewed through the Federal 

eRulemaking Portal at 

www.regulations.gov. Instructions for 

finding comments are available on the 

site under ‘‘How to Use 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS