[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50196-50198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20407]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2013-1061; 1625-AA08]
Special Local Regulations; Eighth Coast Guard District Annual and
Recurring Marine Events Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending and updating its special local
regulations relating to recurring marine parades, regattas, and other
events that take place in the Eighth Coast Guard District area of
responsibility (AOR). This final rule informs the public of regularly
scheduled marine parades, regattas, and other recurring events that
require additional safety measures through establishing a special local
regulation. Through this final rule, the list of recurring marine
events requiring special local regulation is updated with revisions,
additional events, and removal of events that no longer take place in
the Eighth Coast Guard District AOR. When these special local
regulations are enforced, certain restrictions are placed on marine
traffic
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in specified areas. Additionally, this one rulemaking project reduces
administrative costs involved in producing a separate rule for each
individual recurring event, and serves to provide notice of the known
recurring events requiring a special local regulation throughout the
year.
DATES: Effective September 18, 2015.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number [USCG-2013-1061]. 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
AOR Area of Responsibility
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 22381). 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
marine events and special local regulations under 33 CFR part 100.
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 marine events and special
local regulations.
The list of annual and recurring marine events and special local
regulations occurring in the Eighth Coast Guard District Area of
Responsibility (AOR) is published under 33 CFR 100.801. That list was
last updated through a direct final rule with request for comments on
March 1, 2012 (77 FR 12456) and further amended on May 16, 2012 (77 FR
28766). These actions generated no adverse comments. Like today's final
rule and its preceding interim rule, the 2012 final rules updated,
added to, removed from, and amended 33 CFR 100.801 to create a
comprehensive list of recurring marine events requiring special local
regulations.
B. Basis and Purpose
The legal basis for the rule is found in 33 U.S.C. 1233, which
authorizes the Coast Guard to permit marine events and establish
special local regulations related to those marine events.
The Coast Guard is amending and updating the special local
regulations under 33 CFR part 100 to incorporate the numerous annual
marine events held on or around navigable waters within the Eighth
Coast Guard District. These events include marine parades, boat races,
swim events, and other marine related events. Currently, there is a
list of events located at 33 CFR Sec. 100.801, establishing a special
local regulation for each annual or recurring marine event in the
Eighth Coast Guard District's AOR. That list must be amended in order
to: Provide new information on existing events; include 42 new events
expected to recur annually or biannually; and remove 16 special local
regulations that are no longer required. Issuing individual rulemakings
for each new event, amendment, or removal of an event, would create
unnecessary administrative costs and burdens. This rule considerably
reduces administrative overhead and provides the public with notice
through publication in the Federal Register of the upcoming recurring
marine events and their accompanying special local regulations.
C. Discussion of Comments, Changes and the Final Rule
No adverse comments were received in response to the April 22, 2014
interim final rule. 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 marine events requiring special
local regulations. Accordingly, this final rule makes no changes to the
regulations in the interim rule.
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.
The marine parades, regattas, and other marine events listed in
this rule will restrict vessel traffic in certain areas of Eighth Coast
Guard District waters at specified times; however, the effect of this
regulation will not be significant because these events are short in
duration and the special local regulations restricting and governing
vessel movements are also limited in scope and short in 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 events in advance.
Deviations from each special local regulation may be requested through
the COTP and each request 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
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vessels intending to transit the regulated areas during the marine
events and periods of enforcement. The special local regulations will
not have a significant economic impact on a substantial number of small
entities for the following reasons. These regulations are limited in
scope and will be in effect for short periods of times. Before each
enforcement period, the Coast Guard COTP will issue maritime advisories
widely available to waterway users. Deviations from each special local
regulation may be requested through the COTP and each request 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.
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(h) of the Commandant
Instruction because it involves the establishment of special local
regulations related to marine event permits for marine parades,
regattas, and other marine events. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
Accordingly, the interim rule amending 33 CFR part 100 that published
at 79 FR 22381 on April 22, 2014, is adopted as a final rule without
change.
Dated: June 27, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eight Coast Guard District.
[FR Doc. 2015-20407 Filed 8-18-15; 8:45 am]
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