[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73254-73256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25827]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0704]


Navigation and Navigable Waters; Technical and Conforming 
Amendment to Authority Citation

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule makes a non-substantive conforming amendment 
to our authority citations for Coast Guard regulations that establish 
safety zones, security zones, and regulated navigation areas. This rule 
would conform our authority citation to reflect an amendment introduced 
by The William M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021. This rule will have no substantive effect on the 
regulated public.

DATES: This final rule is effective November 29, 2022.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket number USCG-2022-0704, 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 202-372-3860, email 
[email protected].

SUPPLEMENTARY INFORMATION:

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
OMB Office of Management and Budget
U.S.C. United States Code

II. Discussion of the Rule

    This technical amendment final rule updates the authority citations 
for part 165 within Title 33 of the CFR. This rule adds the statutory 
authority 46 U.S.C. 70124 as a regulatory authority for 33 CFR part 
165. Specifically, 46 U.S.C. 70124 gives the Secretary authority to 
issue regulations necessary to implement 46 U.S.C. Chapter 701. Within 
Chapter 701, the delegated authority in 46 U.S.C. 70116 authorizes the 
Commandant to establish safety and security zones to prevent or respond 
to an act to terrorism, cyber incidents, transitional organized crime, 
or foreign state threats. The Secretary has delegated this regulatory 
authority to the Commandant in Department of Homeland Security 
Delegation No. 00170.1(II)(71), Revision No. 01.3.
    The Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L. 
115-282, (2018)) redesignated several provisions of the Ports and 
Waterways Safety Act into 46 U.S.C. chapters 700 and 701. That Act 
moved 33 U.S.C. 1226 into section 46 U.S.C. 70016. Section 70116 is a 
potential statutory authority we may use to establish safety and 
security zones under 33 CFR part 165.
    We are adding the general regulatory authority in 46 U.S.C. 70124 
to the authority citation for part 165 because 46 U.S.C. 70116(c) was 
amended in 2021 under section 8341 of The William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-
283, Jan. 1, 2021). This amendment removed the statement about section 
70116 being treated as part of 46 U.S.C. chapter 700 for purposes of 
rulemaking authority in 46 U.S.C. 70034. With that statement removed, 
we instead rely on the regulatory authority in 46 U.S.C. 70124 for the 
authorities laid out in 46 U.S.C. 70116.
    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 Title 33 of the CFR's 
effect on the public.

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. This rule only 
updates the authority citation where the agency lists the relevant 
authorities to issue regulations in part 165 of the CFR.
    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. Delaying the effective date 
of this conforming amendment is unnecessary because the change to our 
statutory regulatory authorities is an agency procedural update and it 
will have no impact on the public.

IV. Basis and Purpose

    This final rule makes technical and editorial corrections in 33 CFR 
part 165. These changes are necessary to update the authority citations 
we rely on for issuing regulations in 33 CFR part 165. This rule does 
not create or change any substantive requirements for the public.
    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. 00170.1(II)(71), Revision No. 01.3.

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.
    This rule has not been designated a ``significant regulatory 
action'' under Executive Order 12866. Accordingly, this rule has not 
been reviewed by OMB. 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. By

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the adding statutory citations for all of the relevant authorities we 
rely on to issue the regulated navigation area regulations, we increase 
the clarity of the authorities in the CFR.

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'' 
is comprised of 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.
    A notice of proposed rulemaking does not precede this rule. 
Therefore, it is 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 in 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 part 165 as follows:

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Title 33--Navigation and Navigable Waters

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 is revised to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-25827 Filed 11-28-22; 8:45 am]
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