[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7810-7813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03856]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100, 110, 147, and 165
[Docket No. USCG-2018-1049]
Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This final rule makes non-substantive technical and conforming
amendments to existing Coast Guard regulations. The Coast Guard is
issuing this technical amendment to conform to the changes made by the
Frank LoBiondo Coast Guard Authorization Act of 2018, which
redesignated existing United States Code provisions into new Titles and
sections. This technical amendment updates the statutory authority
citations for Coast Guard regulations that establish safety zones,
security zones, special local regulations, regulated navigation areas,
and anchorages. This rule will have no substantive effect on the
regulated public.
DATES: This final rule is effective March 5, 2019.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket number USCG-2018-1049, which is available
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Kate Sergent, Coast Guard; telephone 202-372-3752, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 7811]]
Table of Contents for Preamble
I. Abbreviations
II. Discussion of the Rule
III. Regulatory History
IV. Basis and Purpose
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. Discussion of the Rule
On December 4, 2018, Congress enacted the Frank LoBiondo Coast
Guard Authorization Act of 2018 (Pub. L. 115-282). The Frank LoBiondo
Coast Guard Authorization Act of 2018 redesignated multiple provisions
within Titles 14, 33, 46, and 50 of the United States Code in an effort
reorganize these Titles. The Coast Guard often uses the affected
statutory provisions as authority for issuing regulations related to
maritime safety and security.
Most significantly, the Frank LoBiondo Coast Guard Authorization
Act of 2018 redesignated the Ports and Waterways Safety Act provisions
previously located in 33 U.S.C. 1221 through 1236, and with an
exception not relevant to this rule, moved those provisions without
substantive change into Chapter 700 of Title 46 of the United States
Code.\1\ The new Chapter 700 of Title 46 is titled ``Ports and
Waterways Safety''. This rule replaces the old statutory authority
citations with their correct statutory authorities.
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\1\ The Act moved 33 U.S.C. 1223a, which governs the use of
electronic charts, to 46 U.S.C. 3105.
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The Coast Guard periodically issues technical, organizational, and
conforming amendments to existing regulations in title 33 of the CFR.
These ``technical amendments'' provide the public with more accurate
and current regulatory information, but do not change the effect on the
public of any Coast Guard regulations.
This rule updates the authority citations for the following parts
of title 33 of the CFR: 100, 110, 147, and 165. This rule also updates
in text citations to statutory authorities that were moved by the Frank
LoBiondo Coast Guard Authorization Act. The Coast Guard is updating
only these CFR parts with this final rule because we frequently issue
temporary regulations to protect marine events that rely on the
statutory authorities previously located in 33 U.S.C. 1221 through 1236
and 50 U.S.C. 191. These safety-oriented regulations include safety
zones, security zones, regulated navigation areas, special local
regulations, safety zones on the outer continental shelf, and anchorage
grounds. The Coast Guard will update all of our other affected
regulations and their authority citations in one or more future
rulemakings.
III. Regulatory History
We did not publish a notice of proposed rulemaking for this rule.
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A),
the Coast Guard finds that this final rule is exempt from notice and
public comment rulemaking requirements because these changes involve
rules of agency organization, procedure, or practice. In addition, the
Coast Guard finds that notice and comment procedures are unnecessary
for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of
only technical and editorial corrections and these changes will have no
substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that, for the same reasons, good cause exists for making
this final rule effective upon publication in the Federal Register.
IV. Basis and Purpose
This final rule makes technical and editorial corrections in parts
100, 110, 147, and 165 of title 33 of the CFR. These changes are
necessary to update the authority citations for existing regulations
and make other non-substantive amendments that improve the clarity of
the CFR. This rule does not create or change any substantive
requirements.
This final rule is issued under the authority of 5 U.S.C. 552(a)
and 553; 14 U.S.C. 102 and 503; and Department of Homeland Security
Delegation No. 0170.1.
V. 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 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory 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. Because this rule is
not a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). 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 and their authority. The increased
clarity of the CFR is created by the correction of errors, removing
outdated references, and correcting citations to match current
statutory text.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 is not preceded by a notice of proposed rulemaking.
Therefore, it is
[[Page 7812]]
exempt from the requirements of the Regulatory Flexibility Act (5
U.S.C. 601-612). The Regulatory Flexibility Act does not apply when
notice and comment rulemaking is not required.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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.
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).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This final rule
will not change any of the burdens in the collections currently
approved by OMB.
E. Federalism
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 Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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 one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. 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).
H. 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.
I. 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 will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. 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 (42 U.S.C. 4321-4370f), and have concluded 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
final Record of Environmental Consideration supporting this
determination is available in the docket where indicated in the
ADDRESSES section of this preamble. This final rule involves non-
substantive technical, organizational, and conforming amendments to
existing Coast Guard regulations. Therefore, this rule is categorically
excluded under paragraph L54 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L54 pertains to regulations
which are editorial or procedural.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100, 110, 147, and 165 as follows:
Title 33--Navigation and Navigable Waters
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 is revised to read as follows:
[[Page 7813]]
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.35 [Amended]
0
2. In Sec. 100.35(c), remove the text ``33 U.S.C. 1233'' and add in
its place the text ``46 U.S.C. 70041''.
Sec. 100.1401 [Amended]
0
3. In Sec. 100.1401(e), remove the text ``33 U.S.C. 1233'' and add in
its place the text ``46 U.S.C. 70041''.
PART 110--ANCHORAGE REGULATIONS
0
4. The authority citation for part 110 is revised to read as follows:
Authority: 33 U.S.C. 471, 2071, 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
0
5. In Sec. 110.1a, revise the section heading and paragraph (a)
introductory text to read as follows:
Sec. 110.1a Anchorages under Ports and Waterways Safety provisions.
(a) The anchorages listed in this section are regulated under 46
U.S.C. Chapter 700, ``Ports and Waterways Safety'':
* * * * *
PART 147--SAFETY ZONES
0
6. The authority citation for part 147 is revised to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
7. The authority citation for part 165 is revised to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
8. In part 165:
0
a. Revise all references to ``33 U.S.C. 1226'' to read ``46 U.S.C.
70116''.
0
b. Revise all references to ``33 U.S.C. 1231'' to read ``46 U.S.C.
70034''.
0
c. Revise all references to ``33 U.S.C. 1232'' to read ``46 U.S.C.
70036''.
0
d. Revise all references to ``50 U.S.C. 191'' to read ``46 U.S.C.
70051''.
0
e. Revise all references to ``50 U.S.C. 192'' to read ``46 U.S.C.
70052''.
Sec. 165.9 [Amended]
0
9. Amend Sec. 165.9 as follows:
0
a. In paragraph (b), remove the text ``the Ports and Waterways Safety
Act, 33 U.S.C. 1221-1232'' and add in its place the text ``46 U.S.C.
70001-70041''.
0
b. In paragraph (c):
0
i. Remove the text ``the Ports and Waterways Safety Act, 33 U.S.C.
1221-1232'' and add in its place the text ``46 U.S.C. Chapter 700'';
and
0
ii. Remove the text ``50 U.S.C. 191-195'' and add in its place the text
``46 U.S.C. 70051-54''.
Sec. 165.838 [Amended]
0
10. Amend Sec. 165.838 as follows:
0
a. In paragraph (b)(5), remove the text ``the Ports and Waterways
Safety Act, 33 U.S.C. 1221 et seq.'' and add in its place the text ``46
U.S.C. Chapter 700''.
0
b. In paragraph (i), remove the text ``the Ports and Waterways Safety
Act, 33 U.S.C. 1221 et seq.'' and add in its place the text ``46 U.S.C.
70036 and 70041''.
Dated: February 27, 2019.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2019-03856 Filed 3-4-19; 8:45 am]
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