[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47027-47030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16334]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2018-0486]
RIN 1625-AA00, 1625-AA08, 1625-AA11, and 1625-AA87


Revisions to Notification Procedures for Limited Access Areas and 
Regulated Navigation Areas and Removal of Certain Marine Event and 
Limited Access Area Regulations for the Ninth, Thirteenth, and 
Seventeenth Coast Guard Districts

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising portions of our general regulation 
on the notification procedures for the establishment and 
disestablishment of limited access areas and regulated navigation 
areas, to reflect current organizational procedures. This rule also 
removes certain marine event and limited access area regulations for 
the Ninth, Thirteenth, and Seventeenth Coast Guard Districts because 
they are no longer needed.

DATES: This final rule is effective September 3, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0486 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 Courtney Mallon, U.S. Coast Guard; telephone 202-372-
3758, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of the Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    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

[[Page 47028]]

I. Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    The Coast Guard is removing certain marine event and limited access 
area regulations for the Ninth, Thirteenth, and Seventeenth Coast Guard 
Districts. The changes remove regulations for events that are no longer 
held or regulations that are no longer needed to ensure the safety of 
participants and the public. As part of this rulemaking, the Coast 
Guard is also revising our regulation on the notification procedures 
for the establishment and disestablishment of limited access areas and 
regulated navigation areas. These amendments reflect changes in agency 
administrative process and provide increased transparency and clarity. 
The Coast Guard identified these proposed changes as part of the 
agency's deregulation effort under 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.
    The Coast Guard issued a notice of proposed rulemaking for this 
action on March 9, 2020, at 85 FR 13598, in which we invited public 
comment on the proposal. The comment period closed on April 8, 2020. We 
received no comments on the proposal.
    The Coast Guard is conducting this rulemaking under the authority 
of 46 U.S.C. 70041 in regard to changes to 33 CFR part 100; and 46 
U.S.C. 70034 in regard to changes to 33 CFR part 165. The Secretary of 
the Department of Homeland Security (DHS) has delegated authority to 
exercise general powers for the purpose of executing duties and 
functions of the Coast Guard to the Commandant via Department of 
Homeland Security Delegation No. 0170.1(II)(23). The Secretary has 
delegated ports and waterways authority, with certain reservations not 
applicable here, to the Commandant via DHS Delegation No. 
0170.1(II)(70). The Commandant has further redelegated these 
authorities within the Coast Guard as described in 33 CFR 1.05-1.

III. Discussion of the Rule

    As stated above, we received no comments on the notice of proposed 
rulemaking for this action published March 9, 2020 at 85 FR 13598. We 
are issuing, without change, the rule as we described it in the notice 
of proposed rulemaking.

A. 33 CFR Part 100--Safety of Life on Navigable Waters

Ninth District
    The Coast Guard is removing a recurring Ninth Coast Guard District 
special local regulation in 33 CFR 100.905 for the ``Door County 
Triathlon; Door County, WI.'' The Door Country Triathlon event is 
located in a low traffic, safe harbor with no commercial traffic. The 
safe harbor has no public access outside of the event start and finish 
areas controlled by the event sponsor. The surrounding water access is 
private property; there is no public access for uncontrolled 
spectators. Removal of the regulation will not affect public safety. 
The local sheriff and Department of Natural Resources are normally on 
scene and boating traffic in the area is recreational only.
Thirteenth District
    The Coast Guard is removing 33 CFR 100.1308, ``Special Local 
Regulation; Hydroplane Races within the Captain of the Port Puget Sound 
Area of Responsibility.'' Section 100.1308 describes three restricted 
areas. The Lake Sammamish and Dyes Inlet areas, which are covered by 33 
CFR 100.1308(a)(1) and (3), have not been in use for over 3 years. 
Although events still occur in the Lake Washington area, which are 
covered by 33 CFR 100.1308(a)(2), removing this regulation will not 
affect the safety of participants or spectators because those events 
are also covered by 33 CFR 100.1301, ``Seattle seafair unlimited 
hydroplane race.''

B. 33 CFR Part 165--Regulated Navigation Areas and Limited Access Areas

General Regulations
    The Coast Guard is amending the general notice provisions for 
regulated navigation areas and limited access areas by removing 
paragraph (c) from 33 CFR 165.7. The removal of paragraph (c) 
eliminates the statement that notification of termination of a safety 
zone, security zone, or regulated navigation area is usually made in 
the same form as notification of its establishment. This does not 
change how, in practice, the Coast Guard notifies the public of 
regulated navigation areas and limited access areas.
    The regulations in 33 CFR part 165 are established through 
rulemaking which involves one or more documents being published in the 
Federal Register. In certain situations, a rule will be issued and made 
effective before it can be published in the Federal Register. The Coast 
Guard will continue to provide notification of safety zone, security 
zone, and regulation navigation area regulations in accordance with 33 
CFR 165.7(a)--generally by Federal Register publication and 
supplemental notification via marine broadcasts, local notice to 
mariners, and local media. The elimination of paragraph (c) is to 
account for the fact that the language of the paragraph--specifically 
the use of the term ``termination''--is ambiguous. It could mean either 
the end of the rule's effective period or the end of the rule's 
enforcement period.
    In the event that a marine event terminates earlier than expected, 
the local COTP will often make the decision to terminate enforcement of 
the zone(s) before the close of the rule's stated effective period. 
While the potential for this course of action is discussed in the 
implementing rulemaking document, there is typically not time to 
publish a statement in the Federal Register that such enforcement has 
ceased. Rather, in actual practice, this information is communicated 
through marine broadcasts, local notice to mariners, or other means 
known to be routinely referenced by the local marine community. Also, 
the same methods will be used to announce that a not-yet-published rule 
has been issued to end the effective period of the initial rule.
Seventeenth District
    The Coast Guard is removing 33 CFR 165.1709, ``Security Zones; 
Liquefied Natural Gas Tanker Transits and Operations at Phillips 
Petroleum LNG Pier, Cook Inlet, AK.'' The liquefied natural gas (LNG) 
terminal in Cook Inlet has ceased operations for the foreseeable 
future. No tankers have called on it since 2015. In the event that LNG 
vessel traffic resumes to Cook Inlet, a new rule would be appropriate.

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 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

[[Page 47029]]

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). A 
regulatory analysis (RA) follows.
    The Coast Guard is revising its regulations to provide updates and 
clarifications to existing regulatory text in 33 CFR parts 100 and 165. 
The revisions include administrative changes such as clarifying edits 
to general regulations on notice of termination of areas regulated 
under 33 CFR part 165, and the removal of a special local regulation no 
longer needed for safety, a special local regulation for an event that 
is no longer held, and a security zone for a facility that has ceased 
operations. 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 does not impose 
any additional costs on the public, maritime industry, or the 
government. The qualitative benefit of these changes is an increase in 
the clarity of regulations created by editorial corrections, the 
removal of expired enforcement periods, and the removal of events that 
are no longer held.

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 does not have any economic impact on vessel owners or 
operators, or any other maritime industry entity. The changes include 
administrative changes relating to internal agency practices and 
procedures. The rule does not have a significant economic impact on any 
small 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 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.

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

    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.

[[Page 47030]]

L. Technical Standards and Incorporation by Reference

    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, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a determination 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. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.
    This rule is categorically excluded under paragraphs L54, L55, and 
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-001-01, Rev. 
1.\1\ Paragraph L54 pertains to promulgation of regulations that are 
editorial or procedural; paragraph L55 pertains to internal agency 
functions; and paragraph L61 pertains to special local regulations 
issued in conjunction with a regatta or marine parade. This rule 
revises general rulemaking regulations and also amends the field 
regulations for the Ninth, Thirteenth, and Seventeenth Coast Guard 
Districts by incorporating updates and clarifications to existing 
regulatory text in 33 CFR parts 100 and 165.
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    \1\ https://www.dhs.gov/sites/default/files/publications/DHS_Instruction%20Manual%20023-01-001-01%20Rev%2001_508%20Admin%20Rev.pdf.
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    These changes were identified as part of the Coast Guard's 
deregulation identification process required by Executive Order 13771 
(Reducing Regulation and Controlling Regulatory Costs), and Executive 
Order 13777 (Enforcing the Regulatory Reform Agenda Deregulatory 
Process), and associated guidance issued in 2017. All of the changes 
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 discussed 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: 46 U.S.C. 70041; 33 CFR 1.05-1.


Sec.  100.905  [Removed]

0
2. Remove Sec.  100.905.


Sec.  100.1308  [Removed]

0
3. Remove Sec.  100.1308.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
4. The authority citation for part 165 continues 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.


Sec.  165.7  [Amended]

0
5. Amend Sec.  165.7 by removing paragraph (c).


Sec.  165.1709  [Removed]

0
6. Remove Sec.  165.1709.

    Dated: July 22, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2020-16334 Filed 8-3-20; 8:45 am]
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