[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7285-7288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03844]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2018-0231]
RIN 1625-AA00, 1625-AA08, 1625-AA11, 1625-AA87
Removal of Regulated Navigation Areas, Safety Zones, Security
Zones, and Special Local Regulations Within District 7
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is updating District 7 regulations to reflect
the current status of identified regulated navigation areas, special
local regulations, safety zones, and security zones within the
District. This rule removes safety zones and special local regulations
for rules where the enforcement period has expired or where the event
is no longer held. This rule also removes special local regulations
where the event no longer meets the criteria for a permitted event and
is not suitable for coverage under a special local regulation in
accordance with Coast Guard regulations.
DATES: This rule is effective April 3, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0231 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Paul Lehmann, District Seven Prevention Division, U.S.
Coast Guard; telephone 301-415-6796, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CATEX Criteria for Categorical Exclusion
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
This rulemaking project was identified as part of the Coast Guard's
Regulatory Reform Task Force initiative. These District 7 field
regulation changes were identified as part of the deregulation
identification process required by Executive Order 13771 (Reducing
Regulation and Controlling Regulatory Costs), Executive Order 13777
(Enforcing the Regulatory Reform Agenda Deregulatory Process), and
associated guidance issued in 2017. This rule provides updates and
clarifications to existing regulatory text in title 33 of the Code of
Federal Regulations (CFR) parts 100 and 165.
This rule removes safety zones and special local regulations for
regulations where the enforcement period has expired or where the event
is no longer held. This rule also removes special local regulations
where the event no longer meets the criteria for a permitted event and
is not suitable for coverage under a special local regulation in
accordance with 33 CFR 100.35. District 7 has determined that normal
navigation rules cover the safety of participants and spectators at
these events adequately. If a change in circumstance indicates that
additional safety measures are necessary, the Coast Guard might choose
to promulgate new regulations for safety zones at these events at that
time.
The changes to 33 CFR part 100 are specifically authorized under 33
U.S.C. 1233, which vests the Commandant of the Coast Guard with
authority to issue regulations to promote the safety of life on
navigable waters during regattas or marine parades. The changes to 33
CFR part 165 are authorized under the general authority of 22 U.S.C.
1231, which grants the Secretary of the Department of Homeland Security
broad authority to issue, amend, or repeal regulations necessary to
implement 33 U.S.C. chapter 25, Ports and Waterways Safety Program. The
Secretary has delegated rulemaking authority under 33 U.S.C. 1231 to
the Commandant via Department of Homeland Security Delegation No.
0170.1.
The Coast Guard is issuing this rule without prior notice and
opportunity to
[[Page 7286]]
comment pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking with respect to this
rule because it is unnecessary to do so. All of the changes in this
final rule involve only minor amendments to existing regulations that
will not result in a substantive effect on the public.
III. Discussion of Rule
A. Removal of Temporary Regulations for Past Events
(1) Temporary Special Local Regulations
This rule removes the temporary special local regulations 33 CFR
100.T07-0110, 100.T07-0192, and 100.35T07-0297. As discussed in the
preamble for each of the associated Federal Register documents
implementing these temporary regulations and the corresponding
regulatory text, these regulations were meant to be of limited
duration. They remain in the CFR at this time because of drafting
errors in the DATES section of each of the implementing final rules.
``Special Local Regulation; Low Country Splash, Wando River, Cooper
River, and Charleston Harbor, Charleston, SC,'' 33 CFR 100.T07-0110,
was meant to expire on May 24, 2014, at 9 a.m. at the conclusion of the
2014 Low Country Splash. ``Special Local Regulations; Beaufort Water
Festival, Beaufort, SC,'' 33 CFR 100.T07-0192, was meant to expire on
July 26, 2015, at 4 p.m. at the conclusion of the 2015 Beaufort Water
Festival. ``Special Local Regulation, 50 Aniversario Balneario de
Boqueron, Bahia de Boqueron; Boqueron, PR,'' 33 CFR 100.35T07-0297 was
meant to expire on May 5, 2013, at 4 p.m. at the conclusion of the 50
Aniversario Balneario de Boqueron.
(2) Temporary Safety Zones
This rule removes the temporary safety zone regulations 33 CFR
165.T07-0040, 165.T07-0161, 165.T07-0320 and 165.T07-0347. As discussed
in the preamble for each of the accompanying Federal Register documents
implementing these regulations and the corresponding regulatory text,
these regulations were meant to be of limited duration. They remain in
the CFR at this time because of drafting errors in the DATES section of
each of the implementing final rules. ``Safety Zone; Cooper River
Bridge Run, Charleston, SC,'' 33 CFR 165.T07-0040, was meant to expire
on March 28, 2015, at 10:30 a.m., at the conclusion of the 2015 Cooper
River Bridge Run. ``Safety Zone; Xterra Swim, Myrtle Beach, SC,'' 33
CFR 165.T07-0161, was mean to expire on May 4, 2014, at 8:15 a.m., at
the conclusion of the 2014 Xterra Swim. ``Safety Zone; Fourth of July
Fireworks North Myrtle Beach, SC,'' 33 CFR 165.T07-0320, was meant to
expire on July 4, 2016, at 10:00 p.m., at the conclusion of the
fireworks show. ``Safety Zone; Fourth of July Fireworks Murrells Inlet,
SC,'' 33 CFR 165.T07-0347, was meant to expire on July 4, 2016, at 10
p.m.
None of these regulations--temporary special local regulations or
temporary safety zones--have been enforced past the intended expiration
period.
B. Removal of Special Local Regulations for Events No Longer Held
This rule removes certain entries in the list of recurring special
local regulations in Captain of the Port (COTP) Zones Miami and Key
West found in the table to 33 CFR 100.701. The Coast Guard has looked
into each of these events and has found no evidence to indicate that
these events are still being held. The entries being removed from this
list for COTP Miami are Rotary Club of Fort Lauderdale New River Raft
Race, Red Bull Candola, West Palm Beach Triathlon, and West Palm Beach
World Championship. The entries being removed from this list for COTP
Key West are The Bogey, The Bacal, and Miami to Key Largo Sailboat
Race.
C. Removal of Special Local Regulations for Events No Longer Permitted
This rule removes special local regulations in COTP Zone Key West
where the events in question no longer meet the criteria for permitted
events and, therefore, are not suitable for coverage under a special
local regulation in accordance with 33 CFR 100.35. District 7 has
determined that the safety of participants and spectators at these
events can be adequately covered by the normal navigational rules. If a
change in circumstances indicates that additional safety measures are
necessary, the Coast Guard might decide at that time to promulgate
regulations for safety zones for these events. The entries being
removed from this list for COTP Key West in the table to 33 CFR 100.701
are Blessing of the Fleet, Wreckers Cup Races, Boot Key Harbor
Christmas Boat Parade, Key Colony Beach Holiday Boat Parade, Key Largo
Boat Parade, and Key West Lighted Boat Parade.
D. 33 CFR 165.778
The Coast Guard is removing paragraph (d) from 33 CFR 165.778
regarding the effective period of the security zone for the Port of
Mayaguez. Paragraph (d) states the section had an effective period that
ended April 29, 2009. Paragraph (d) conflicts with the effective
information stated in the DATES section of the issuing final rule (74
FR 14046, March 30, 2009). This rule has continuing effect and did not
cease being in effect after April 29, 2009.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 13563 (Improving Regulation and Regulatory Review)
and 12866 (Regulatory Planning and Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs) directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. OMB
considers this rule to be an Executive Order 13771 deregulatory action.
See the OMB Memorandum titled ``Guidance Implementing Executive Order
13771, titled `Reducing Regulation and Controlling Regulatory Costs'''
(April 5, 2017).
The Coast Guard is revising its regulations to provide updates and
clarifications to existing regulatory text in title 33 of the Code of
Federal Regulations (CFR) parts 100 and 165.
[[Page 7287]]
The revisions include the removal of temporary safety zones and special
local regulations for past events, special local regulations for events
no longer held and special local regulations for events no longer
permitted. Normal navigation rules sufficiently cover the safety of
participants and spectators at events that are no longer suitable for
coverage under a special local regulation. This rule involves non-
substantive changes and internal agency practices and procedures; it
will not impose any additional costs on the public or the government.
The qualitative benefit of the non-substantive changes is increased
clarity of regulations. The increased clarity of the CFR is created by
the removal of expired enforcement periods and the removal of events
that are no longer held.
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. This rule will not impose any impacts on any entities. This
means that there will be no economic impacts on any entities.
Therefore, 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.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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 in the FOR FURTHER
INFORMATION CONTACT section of this rule.
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.
D. Collection of Information
This rule does not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule
does not change any of the burdens in the collections currently
approved by OMB.
E. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
F. 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 1 year. Although this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD
(COMDTINST M16475.1D), which guide the Coast Guard in complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f).
Our determination is that this action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble.
This rule meets the criteria for categorical exclusion (CATEX)
under paragraphs L54, L60, and L61 in Appendix A of DHS Directive 023-
01. CATEX L54 pertains to promulgation of regulations that are
editorial or procedural; CATEX L60 pertains to regulations for
establishing, disestablishing, or changing Regulated Navigation Areas
and security or safety zones; and CATEX L61 pertains to special local
regulations issued in conjunction with a regatta or marine parade. This
rule amends the Coast Guard District 7 field regulations by
incorporating updates and clarifications to existing regulatory text in
title 33 CFR parts 100 and 165. These changes generally pertain to
removing certain obsolete special event regulations or clarifying the
intended effective period of the security zone for the Port of Mayaguez
(33 CFR 165.778).
The Coast Guard's Regulatory Reform Task Force Initiative
identified these regulation changes, which are consistent with the
Coast Guard's maritime safety and stewardship missions.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons stated in the preamble, the Coast Guard amends 33
CFR parts 100 and 165 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; 33 CFR 1.05-1.
Sec. 100.T07-0110 [Removed]
0
2. Remove Sec. 100.T07-0110
Sec. 100.T07-0192 [Removed]
0
3. Remove Sec. 100.T07-0192
[[Page 7288]]
Sec. 100.35T07-0297 [Removed]
0
4. Remove Sec. 100.35T07-0297
Sec. 100.701 [Amended]
0
5. In Sec. 100.701, amend the table to Sec. 100.701 as follows:
0
a. Add the heading ``(a) COTP Zone Miami; Special Local Regulations''
before entry 1 at the top of the table.
0
b. Remove entries (a)1, 4, 6, and 9.
0
c. Redesignate entries (a)2, 3, 5, 7, 8, and 10 through 15 as entries
(a)1 through 11.
0
d. Remove entries (c)1, 2, 4, 5, 6, 10, 11, 12, and 13.
0
e. Redesignate entries (c)3, 7, 8, and 9 as entries (c)1 through 4.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
6. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
Sec. 165.T07-0040 [Removed]
0
7. Remove Sec. 165.T07-0040.
Sec. 165.T07-0161 [Removed]
0
8. Remove Sec. 165.T07-0161.
Sec. 165.T07-0320 [Removed]
0
9. Remove Sec. 165.T07-0320.
Sec. 165.T07-0347 [Removed]
0
10. Remove Sec. 165.T07-0347.
Sec. 165.778 [Amended]
0
11. Amend Sec. 165.778 by removing paragraph (d).
Dated: February 27, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-03844 Filed 3-1-19; 8:45 a.m.]
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