[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49911-49913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20250]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-1060; 1625-AA00]


Safety Zones; Eighth Coast Guard District Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and updating its current list of 
recurring safety zone regulations that take place in the Eighth Coast 
Guard District area of responsibility (AOR). This final rule informs 
the public of regularly scheduled events that require additional safety 
measures through establishing a safety zone. Through this final rule, 
the list of recurring safety zones is updated with revisions, 
additional events, and removal of events that no longer take place in 
the Eighth Coast Guard District AOR. When these safety zones are 
enforced, vessel traffic is restricted from specified areas. 
Additionally, this one rulemaking project reduces administrative costs 
involved in producing a separate rule for each individual recurring 
safety zone and serves to provide notice of the known recurring safety 
zones throughout the year.

DATES: This rule is effective August 18, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number [USCG-2013-1060]. To view documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Open Docket Folder'' on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Shelley R. Miller, Eighth Coast Guard District Waterways 
Management Division, (504) 671-2139 or email, 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard preceded this final rule with an interim final rule 
with request for comments. The interim rule was published in the 
Federal Register on April 22, 2014, [79 FR 22398]. The interim rule 
established separate tables for each of the Sectors operating within 
the Coast Guard's Eighth District and updated the list of recurring 
safety zones under 33 CFR 165. Although no adverse comments were 
received, some comments to further update the recurring list were 
received. Because the interim rule and now this final rule establish 
separate tables for each Sector within the Eighth District, further 
updates will now be made by each Sector individually, impacting only 
their table of recurring safety zones.
    The list of annual and recurring safety zones occurring in the 
Eighth Coast Guard District AOR is published under 33 CFR 165.801. That 
list was originally created May 16, 2012 through a previous rulemaking, 
[77 FR 2876] and received no adverse comments.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define regulatory safety zones. The Coast Guard is amending 
and updating the safety zone regulations under 33 CFR part 165 to 
include the most up to date list of recurring safety zones for events 
held on or around navigable waters within the Eighth Coast Guard 
District. These events include air shows, fireworks displays, and other 
marine related events requiring a limited access area restricting 
vessel traffic for safety purposes. The list under 33 CFR 165.801 
requires amending to provide new information on existing safety zones, 
and updating to include new safety zones expected to recur annually or 
biannually and to remove safety

[[Page 49912]]

zones that are no longer required. Issuing individual regulations for 
each new safety zone, amendment, or removal of an existing safety zone 
creates unnecessary administrative costs and burdens. This single 
rulemaking considerably reduces administrative overhead and provides 
the public with notice through publication in the Federal Register of 
the upcoming recurring safety zone regulations.

C. Discussion of Comments, Changes and the Final Rule

    No adverse comments were received. Some comments regarding further 
updates to the recurring list were received. Because the interim rule 
and now this final rule establish separate tables for each Sector 
within the Eighth District, further updates will now be made by each 
sector individually, impacting only their table of recurring safety 
zones.
    No changes to the rule have been made from the interim rule and 
request for comments.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within the Eighth Coast Guard District. The effect of 
this rulemaking will not be significant because these safety zones are 
limited in scope and duration.
    Additionally, the public is given advance notification through 
local forms of notice, the Federal Register, and/or Notices of 
Enforcement and thus will be able to plan operations around the safety 
zones in advance. Deviation from the safety zones established through 
this rulemaking may be requested from the appropriate COTP and requests 
will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
the safety zone areas during periods of enforcement. The safety zones 
will not have a significant economic impact on a substantial number of 
small entities because they are limited in scope and will be in effect 
for short periods of time. Before the enforcement period, the Coast 
Guard COTP will issue maritime advisories widely available to waterway 
users. Deviation from the safety zones established through this 
rulemaking may be requested from the appropriate COTP and requests will 
be considered on a case-by-case basis.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

[[Page 49913]]

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined 
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 rule is categorically excluded from further review 
under section 2.B.2 figure 2-1, paragraph 34(g) of the Commandant 
Instruction because it involves the establishment of safety zones. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under the 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    Accordingly, the interim rule amending 33 CFR part 165 that 
published at 79 FR 22398 on April 22, 2014, is adopted as a final rule 
without change.

    Dated: July 27, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-20250 Filed 8-17-15; 8:45 am]
 BILLING CODE 9110-04-P