[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

[[Page 50197]]

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

[[Page 50198]]

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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