Notice of Arrival Exception, 36401-36405 [2014-14997]

Download as PDF Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Minnesota Department of Transportation requested a temporary deviation for the Stillwater Highway Drawbridge, across the St. Croix River, mile 23.4, at Stillwater, Minnesota to remain in the closed-to-navigation position on July 4, 2014 as follows: From 10:00 p.m. to 11:30 p.m. on July 4, 2014, the lift span will remain in the closed-to-navigation position. The Stillwater Highway Drawbridge currently operates in accordance with 33 CFR 117.667(b), which states specific seasonal and commuter hours operating requirements. There are no alternate routes for vessels transiting this section of the St. Croix River. The Stillwater Highway Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 10.9 feet above normal pool. Navigation on the waterway consists primarily of commercial sightseeing/dinner cruise boats and recreational watercraft. This temporary deviation has been coordinated with waterway users. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 13, 2014. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2014–15127 Filed 6–26–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2013–0797] RIN 1625–AC12 Notice of Arrival Exception Coast Guard, DHS. Final rule. AGENCY: wreier-aviles on DSK5TPTVN1PROD with RULES The Coast Guard is amending its regulations to implement a statutory change, enacted under section 704 of the Coast Guard and Maritime Transportation Act of 2012, exempting U.S. mobile offshore drilling units and other U.S. vessels from submitting a Notice of Arrival when moving directly SUMMARY: VerDate Mar<15>2010 13:21 Jun 26, 2014 Table of Contents for Preamble I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Background V. Discussion of Final 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 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 33 CFR Parts 140 and 146 ACTION: from one Outer Continental Shelf block area to another. DATES: This final rule is effective June 27, 2014. ADDRESSES: Documents mentioned in this preamble as being available in the docket (USCG–2013–0797) are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG–2013–0797 in the ‘‘Search’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Dennis Fahr, Office of Operating and Environmental Standards (CG–OES), Coast Guard; telephone 202– 372–1427, email Dennis.Fahr@usg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Jkt 232001 2012 CGMTA Coast Guard and Maritime Transportation Act of 2012 APA Administrative Procedure Act BOE Bureau of Ocean Energy Management, Regulation and Enforcement BOEM Bureau of Ocean Energy Management BOEMRE Bureau of Ocean Energy Management, Regulation and Enforcement BSEE Bureau of Safety and Environmental Enforcement DHS Department of Homeland Security E.O. Executive Order FR Federal Register MODU Mobile Offshore Drilling Unit NOA Notice of Arrival NVMC National Vessel Movement Center OCS Outer Continental Shelf OMB Office of Management and Budget PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 U.S.C. 36401 United States Code II. Regulatory History Section 704 of the Coast Guard and Maritime Transportation Act of 2012 (Pub. L. 112–213) (2012 CGMTA) specifically exempts U.S. mobile offshore drilling units (MODUs) and other U.S. vessels from the requirement to submit a Notice of Arrival (NOA) when transiting within the Outer Continental Shelf (OCS) unless the vessel is arriving from a foreign port or place. Under section 704, U.S. MODUs and other U.S. vessels are exempt from having to submit an NOA when moving from one OCS block area to another. The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to 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 an NPRM with respect to this rule because it is unnecessary. The Coast Guard finds that notice and comment for this rulemaking is unnecessary because we are merely making a regulatory amendment to conform to section 704 of the 2012 CGMTA, which specifically exempts U.S. MODUs and other U.S. vessels traveling between OCS block areas from having to submit an NOA. Public notice of this regulatory amendment is, therefore, unnecessary because public comment cannot affect, influence, or inform any Coast Guard action in implementing the Congressionallymandated NOA exemption for U.S. MODUs and other U.S. vessels traveling between OCS block areas. In accordance with 5 U.S.C. 553(d)(1) and (3), this rule will become effective upon the date of publication in the Federal Register. Under 5 U.S.C. 553(d)(1), an agency is permitted to make ‘‘a substantive rule which grants or recognizes an exemption or relieves a restriction . . .’’ to become immediately effective. The Coast Guard is making this rule effective immediately because it recognizes the legislative exemption provided to U.S. MODUs and other U.S. vessels from the requirement to submit an NOA when traveling between OCS block areas. Additionally, the Coast Guard finds that good cause exists for making this rule effective immediately upon publication in the Federal Register pursuant to 5 E:\FR\FM\27JNR1.SGM 27JNR1 36402 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES U.S.C. 553(d)(3). Delaying the effective date to provide a full 30 day notice is unnecessary because the rule merely makes a regulatory amendment to conform to the legislation passed by Congress under section 704 of the 2012 CGMTA. III. Basis and Purpose The purpose of this rulemaking is to implement the legislative exemption provided under section 704 of the 2012 CGMTA, which exempts U.S. MODUs and other U.S. vessels traveling between OCS block areas from having to submit an NOA. Under current regulations in 33 CFR part 146, subparts C and E, U.S. MODUs and vessels are required to submit an NOA when moving from one OCS block area to another. In order to align 33 CFR part 146, subparts C and E with the NOA exemption provided under the 2012 CGMTA, we are amending §§ 146.215 and 146.401 by specifically exempting U.S. MODUs and other U.S. vessels from having to submit an NOA when traveling directly from one OCS block area to another. U.S. MODUs and vessels arriving directly from a foreign port or place, however, would still be subject to the NOA requirements under 33 CFR 146.215 and 146.405. Sections 146.215 and 146.401 already contain an NOA exemption for ‘‘those U.S. MODUs arriving directly from a U.S. port or place’’ and ‘‘those U.S. vessels traveling directly from a U.S. port or place’’ respectively; however, §§ 146.215 and 146.405 require NOAs when a MODU or vessel ‘‘arrives. . .from a different OCS block area.’’ Whether an OCS block area is considered a ‘‘U.S. port or place,’’ thus exempting U.S. MODUs or other U.S. vessels traveling from one block area to another from the NOA OCS requirements provided under §§ 146.215 and 146.405, depends on the definitions of ‘‘U.S. port or place’’ and ‘‘OCS block area.’’ A ‘‘U.S. port or place’’ is determined by U.S. Customs and Border Protection through a fact-specific customs ruling. ‘‘OCS block area’’ is defined in both subparts C and E as ‘‘the names given by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOE) 1 [which succeeded the Minerals Management Service (MMS) in 2010] 2 to define the OCS areas used to facilitate management or leasing on the OCS.’’ Because the authority has not expressly addressed whether ‘‘U.S. port or place’’ and ‘‘OCS 1 On October 1, 2011, BOE was split into the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE), 76 FR 64432. 2 75 FR 61051. VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 block area’’ are analogous, we are implementing the legislative exemption contained in section 704 of the 2012 CGMTA by adding ‘‘OCS block area’’ to the existing exemptions in §§ 146.215 and 146.401. Therefore, U.S. MODUs and other U.S. vessels arriving on the OCS directly from a different OCS block area, as well as those MODUs and vessels arriving from a U.S. port or place, would be exempt from the NOA OCS requirements. Also, to reflect the reorganization of MMS into BOEMRE in 2010, and subsequently BOEMRE into BOEM and BSEE in 2011, we are amending §§ 140.10, 140.101 (b through d), 140.103 (b and c) and 140.105(a through e). We are also amending §§ 146.102, 146.200, 146.402 and 146.405(b)(2) to reflect the current title and acronym of ‘‘BOEM’’, which is called ‘‘BOE’’ in this section of our existing regulations. IV. Background On January 13, 2011, the Coast Guard published a final rule in the Federal Register (76 FR 2254) that established the NOA requirements for vessels, facilities, and MODUs operating on the OCS. The final rule was designed to enhance maritime domain awareness over OCS activities. The rule increased maritime security and safety by requiring U.S. and foreign-flagged vessels, floating facilities, and MODUs arriving on and/or engaging in OCS activities to report their arrival time; location; and information regarding the floating facilities; MODUs; and the vessel’s voyage, cargo, crew, and vessel information. The ‘‘OCS’’ is defined in 33 CFR 140.10 to include ‘‘all submerged lands lying seaward and outside of the area of ‘lands beneath navigable waters’ as defined in section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.’’ ‘‘OCS activity’’ is defined in 33 CFR 140.10 as ‘‘any offshore activity associated with the exploration for, or development or production of, the minerals of the Outer Continental Shelf.’’ The rule implemented provisions of the Security and Accountability for Every Port Act of 2006 and increased overall maritime domain awareness by requiring owners or operators of U.S. and foreign-flagged vessels, floating facilities, and MODUs to submit NOA information to the Coast Guard’s National Vessel Movement Center (NVMC) prior to engaging in OCS activities. Such information is critical to maritime safety and security and enables the Coast Guard to more PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 effectively prevent or respond to a safety or security concern on the OCS. The January 13, 2011, NOA final rule and related materials may be viewed online at http://www.regulations.gov, docket number: USCG–2008–1088. Upon publication of that final rule, the U.S. domestic offshore industry indicated that compliance with the final rule was difficult because of the nature of the services that these vessels provide when engaged in activities on the OCS. Through our partnership with the Offshore Marine Service Association, we established a working group to specifically address the design of an OCS-specific reporting form. In the intervening time between the effective date of the 2011 NOA final rule and the 2012 CGMTA, we requested voluntary compliance with the 2011 final rule using the current e-NOA–OCS application so that we could ascertain the practicality of the current application and the information requested. This voluntary compliance period allowed us to gather information as to what was needed to reduce the reporting burden. In December 2012, the 2012 CGMTA was signed into law. It contains a section that exempts U.S. MODUs and other U.S. documented vessels from reporting block-to-block movements and filing an NOA unless arriving on the OCS directly from a foreign port. V. Discussion of Final Rule Through this rulemaking, we are amending §§ 146.215 and 146.401 by exempting U.S. MODUs and other U.S. vessels from having to submit an NOA when traveling directly from one OCS block area to another. These regulatory amendments are necessary in order to conform to the legislation passed by Congress under section 704 of the 2012 CGMTA, which specifically exempts U.S. MODUs and other U.S. vessels traveling between OCS block areas from having to submit an NOA. We are also making a non-substantive amendment to §§ 140.10, 140.101, 140.103, 140.105, 146, 102, 146.200, 146.402 and 146.405 to reflect the current title and acronym for BOEM and BSEE. VI. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s. A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory E:\FR\FM\27JNR1.SGM 27JNR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations 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 section 3(f) of E.O. 12866 as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. 12866. Accordingly, the final rule has not been reviewed by the Office of Management and Budget (OMB). Nonetheless, we developed an analysis of the costs and benefits of the rule to ascertain its probable impacts on industry. A final Regulatory Assessment follows: This final rule will implement a statutory change that exempts U.S. MODUs and U.S. vessels from submitting NOAs to the NVMC when transiting from one OCS block area to another, as defined above. This rule will align our regulations with section 704 of the 2012 CGMTA, which specifically exempts these vessels from submitting NOAs when traveling from one OCS block area to another. U.S. MODUs and vessels arriving from a U.S. port or place and traveling to the OCS and those same vessels that travel from the OCS to a U.S. port or place are exempt from submitting NOAs in 33 CFR part 146. However, based on Coast Guard data, no NOAs have been received from affected U.S. vessel owners and operators since December 2012, when the CGMTA was signed into law. Therefore, this rule will not have an economic impact on owners and operators of U.S. MODUs and vessels that transit the OCS. All vessels arriving from a foreign port or place to an OCS block area and vessels departing from an OCS block area traveling to a foreign port or place are still required to submit NOAs to the NVMC in accordance with 33 CFR part 146 as these vessels are not exempt under this final rule. In the development of this rule, we considered two alternatives (including the preferred alternative). The key factors that we evaluated in considering each alternative included: (1) The degree to which the alternative comported with the congressional mandate in section 704 of the 2012 CGMTA; (2) what benefits, if any, would be derived, such as the reduction in VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 burden for vessel owners and operators; and (3) impacts on costs, if any. The alternatives considered are as follows: Alternative 1: Revise 33 CFR part 146 to remove the current submission requirement of an NOA for owners and operators of U.S. MODUs and vessels that transit from one OCS block area to another (preferred alternative). At present, owners and operators of U.S. MODUs and vessels are required to submit a NOA to the NVMC when departing from or arriving to one OCS block area to another. Implementation of this final rule will eliminate the NOA submission requirement for the above affected vessels. Alternative 2: Take no regulatory action. This option was not selected as it would not implement section 704 of the 2012 CGMTA. Under this alternative, regulatory language would remain inconsistent with section 704 of the 2012 CGMTA and current practice. Analysis of Alternatives We chose Alternative 1, which implements section 704 of the Act as described in Section V of the preamble above. We chose to reject Alternative 2, the ‘‘no regulatory action’’ alternative, because it would not implement section 704 of the Act and would not harmonize regulatory language with the statute. Costs We do not expect this final rule to impose new costs on the public or industry. This final rule will align our regulations with section 704 of the 2012 CGMTA, which exempts U.S. MODUs and vessels from submitting NOAs to the NVMC when traveling from one OCS block area to another. Benefits This rule makes conforming regulatory amendments to the legislation passed by Congress under section 704 of the 2012 CGMTA, which specifically exempts U.S. MODUs and other U.S. vessels traveling between OCS block areas from having to submit an NOA. By conforming the regulations to the legislation, we eliminate any potential for confusion regarding whether an NOA must be submitted when U.S. MODUs and U.S. vessels travel from one OCS block area to another. The Coast Guard has determined that because there have been no NOAs submitted to the NVMC since passage of the 2012 CGMTA, there are no cost savings attributable to this final rule. Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 36403 requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. However, we are implementing this legislative exemption in section 704 of the 2012 CGMTA as a final rule, foregoing notice and comment under 5 U.S.C. 553(b)(B) and the RFA does not require an agency to prepare a regulatory flexibility analysis for rules promulgated under section 553(b)(B). Therefore, the Coast Guard is not required to publish a regulatory flexibility analysis. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking. If the rule affects your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Lieutenant Commander Michael Lendvay, Office of Commercial Vessel Compliance, Coast Guard; telephone 202 372–1218, email michael.d.lendvay@uscg.mil. 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). On December 20, 2012, the 2012 CGMTA was passed, which exempts U.S. vessels and MODUs that transit from one OCS block area to another from submitting NOAs to the NVMC. As a result, vessel owners and operators have not submitted NOAs since that time. This change has been incorporated into the ICR burden estimates during its renewal. Therefore no collection of information is necessary from this final rule. E:\FR\FM\27JNR1.SGM 27JNR1 wreier-aviles on DSK5TPTVN1PROD with RULES 36404 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations E. Federalism A rule has implications for federalism under E.O. 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 have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Our analysis is explained below. Congress specifically granted the authority to the Secretary of the Department in which the Coast Guard is operating to regulate artificial islands, installations, and other devices permanently or temporarily attached to the OCS and in the waters adjacent thereto as it relates to the safety of life. Title 43 U.S.C. 1333(d)(1) states that the Secretary ‘‘shall have the authority to promulgate and enforce such reasonable regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on the artificial islands, installations, and other devices . . . or on the waters adjacent thereto, as he may deem necessary.’’ As this rule exempts certain MODUs and vessels from submitting NOAs when transiting from one OCS block area to another, it falls within the scope of authority Congress granted exclusively to the Secretary, especially since the rule implements a statutory change enacted by Congress under section 704 of the 2012 CGMTA. This authority has been delegated to the Coast Guard and is exercised in this rulemaking, and the States may not regulate within this category of arrival notification. Therefore, the rule is consistent with the principles of federalism and preemption requirements in E.O. 13132. While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, E.O. 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this rule has implications for federalism under E.O. 13132, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble. VerDate Mar<15>2010 13:21 Jun 26, 2014 Jkt 232001 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. Though this rule will not result in such an 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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under E.O. 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. J. Indian Tribal Governments This rule does not have tribal implications under E.O. 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. K. Energy Effects We have analyzed this rule under E.O. 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 E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Statement of Energy Effects under E.O. 13211. L. Technical Standards The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, 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 (NEPA) (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 environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. This rule involves Congressionally mandated regulations. List of Subjects 33 CFR Part 140 Continental shelf, Investigations, Marine safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements. 33 CFR Part 146 Continental shelf, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 140 and 146 as follows: E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Rules and Regulations Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of Homeland Security Delegation No. 0170.1. a. In paragraph (a), remove the text ‘‘Minerals Management Service (MMS) and add, in its place, the words ‘‘Bureau of Safety and Environmental Enforcement (BSEE)’’; ■ b. In paragraph (b), remove the words ‘‘an MMS’’ and add, in its place, the words ‘‘a BSEE’’; and ■ c. In paragraphs (c), (d), and (e) remove the text ‘‘MMS’’ wherever it appears and add, in its place, the text ‘‘BSEE’’; and § 140.10 PART 146—OPERATIONS ■ TITLE 33—NAVIGATION AND NAVIGABLE WATERS PART 140—GENERAL 1. The authority citation for part 140 continues to read as follows: ■ [Amended] 2. In § 140.10, in the definition of Bureau of Ocean Energy Management, Regulation and Enforcement inspector or BOEMRE inspector, remove the text ‘‘Ocean Energy Management, Regulation and Enforcement inspector or BOEMRE’’ and add, in its place, the text, ‘‘Safety and Environmental Enforcement inspector or BSEE’’; and after the text ‘‘employed by the Bureau of’’, remove the text ‘‘Ocean Energy Management, Regulation and’’ and add, in its place, the text ‘‘Safety and Environmental’’. ■ 3. Amend § 140.101 as follows: ■ a. Revise the section heading; ■ b. In paragraph (b), after the words ‘‘by the Bureau of’’, remove the words ‘‘Ocean Energy Management, Regulation and Enforcement (BOEMRE)’’ and add, in its place, the words ‘‘Safety and Environmental Enforcement (BSEE)’’; ■ c. In paragraph (c), remove the text ‘‘BOEMRE’’ wherever it appears and add, in its place, the text ‘‘BSEE’’; and ■ d. In paragraph (d), in the first sentence, after the words ‘‘Coast Guard marine inspector or,’’ remove the words ‘‘an BOEMRE’’ and add, in its place, the words ‘‘a BSEE’’; and after the text ‘‘The Coast Guard marine inspector or the’’, remove the text ‘‘BOEMRE’’ and add, in its place, the text ‘‘BSEE’’. The revision reads as follows: § 140.101 Inspection by Coast Guard marine inspectors or Bureau of Safety and Environmental Enforcement inspectors. * * § 140.103 * * * [Amended] 4. Amend § 140.103 as follows: a. In paragraph (b), after the words ‘‘Bureau of’’, remove the words ‘‘Ocean Energy Management, Regulation and Enforcement (BOEMRE)’’ and add, in its place, the words ‘‘Safety and Environmental Enforcement (BSEE)’’; and ■ b. In paragraph (c), remove the text ‘‘BOEMRE’’ wherever it appears and add, in its place, the text ‘‘BSEE’’. wreier-aviles on DSK5TPTVN1PROD with RULES ■ ■ § 140.105 ■ [Amended] 13:21 Jun 26, 2014 Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. 1333, 1348, 1350, 1356; Sec. 109, Pub. L. No. 109–347, 120 Stat. 1884; Department of Homeland Security Delegation No. 0170.1. [Amended] 7. In § 146.102, in the definition of ‘‘OCS block area’’, after the words ‘‘Bureau of Ocean Energy Management’’, remove the text ‘‘, Regulation and Enforcement (BOE)’’ and add, in its place, the text ‘‘(BOEM)’’. ■ [Amended] 8. In § 146.200, in the definition of ‘‘OCS block area’’, after the words ‘‘Bureau of Ocean Energy Management’’ remove the text ‘‘, Regulation and Enforcement (BOE)’’ and add, in its place, the text ‘‘(BOEM)’’. ■ [Amended] 9. In § 146.215(a) introductory text, after the words ‘‘directly from a U.S. port or place’’, add the words ‘‘or from an OCS block area’’. ■ § 146.401 [Amended] 10. In § 146.401, after the words ‘‘directly from a U.S. port or place,’’, add the words ‘‘or from an OCS block area,’’. ■ § 146.402 [Amended] 11. In § 146.402, in the definition of ‘‘OCS block area’’, after the words ‘‘Bureau of Ocean Energy Management’’ remove the text ‘‘, Regulation and Enforcement (BOE)’’ and add, in its place, the text ‘‘(BOEM)’’. ■ § 146.405 [Amended] 12. In § 146.405(b)(2), remove the text ‘‘BOE’’ and add, in its place, the text ‘‘BOEM’’. ■ Dated: June 23, 2014. J. G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2014–14997 Filed 6–26–14; 8:45 am] 5. Amend § 140.105 as follows: VerDate Mar<15>2010 6. The authority citation for part 146 continues to read as follows: § 146.215 Jkt 232001 BILLING CODE 9110–04–P PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0081] RIN 1625–AA00 Safety Zones; Annual Events in the Captain of the Port Zone Buffalo ACTION: ■ § 146.200 DEPARTMENT OF HOMELAND SECURITY Coast Guard, DHS. Final rule. AGENCY: ■ § 146.102 36405 The Coast Guard is revising its safety zone regulations for annually recurring firework displays and marine events within the Captain of the Port Zone Buffalo. The safety zones revised or established by this final rule are necessary to protect the surrounding public, spectators, participants, and vessels from the hazards associated with fireworks displays, hydroplane boat races, and other events of a similar nature posing a potential hazard to the safety of life and property on the navigable waters. This final rule is intended to restrict vessels from designated areas on navigable waterways during these events. DATES: This rule is effective July 28, 2014. SUMMARY: Documents mentioned in this preamble are part of docket [USCG– 2014–0081]. 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 LT Christopher Mercurio, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– 843–9573, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826 or 1–800–647–5527. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Acronyms DHS Department of Homeland Security E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36401-36405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14997]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 140 and 146

[Docket No. USCG-2013-0797]
RIN 1625-AC12


Notice of Arrival Exception

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending its regulations to implement a 
statutory change, enacted under section 704 of the Coast Guard and 
Maritime Transportation Act of 2012, exempting U.S. mobile offshore 
drilling units and other U.S. vessels from submitting a Notice of 
Arrival when moving directly from one Outer Continental Shelf block 
area to another.

DATES: This final rule is effective June 27, 2014.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket (USCG-2013-0797) are available for inspection or copying at 
the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2013-0797 in the ``Search'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Dennis Fahr, Office of Operating and Environmental 
Standards (CG-OES), Coast Guard; telephone 202-372-1427, email 
Dennis.Fahr@usg.mil. If you have questions on viewing the docket, call 
Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Final 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 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

2012 CGMTA Coast Guard and Maritime Transportation Act of 2012
APA Administrative Procedure Act
BOE Bureau of Ocean Energy Management, Regulation and Enforcement
BOEM Bureau of Ocean Energy Management
BOEMRE Bureau of Ocean Energy Management, Regulation and Enforcement
BSEE Bureau of Safety and Environmental Enforcement
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MODU Mobile Offshore Drilling Unit
NOA Notice of Arrival
NVMC National Vessel Movement Center
OCS Outer Continental Shelf
OMB Office of Management and Budget
U.S.C. United States Code

II. Regulatory History

    Section 704 of the Coast Guard and Maritime Transportation Act of 
2012 (Pub. L. 112-213) (2012 CGMTA) specifically exempts U.S. mobile 
offshore drilling units (MODUs) and other U.S. vessels from the 
requirement to submit a Notice of Arrival (NOA) when transiting within 
the Outer Continental Shelf (OCS) unless the vessel is arriving from a 
foreign port or place. Under section 704, U.S. MODUs and other U.S. 
vessels are exempt from having to submit an NOA when moving from one 
OCS block area to another.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to 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 an NPRM with respect to this rule because it 
is unnecessary. The Coast Guard finds that notice and comment for this 
rulemaking is unnecessary because we are merely making a regulatory 
amendment to conform to section 704 of the 2012 CGMTA, which 
specifically exempts U.S. MODUs and other U.S. vessels traveling 
between OCS block areas from having to submit an NOA. Public notice of 
this regulatory amendment is, therefore, unnecessary because public 
comment cannot affect, influence, or inform any Coast Guard action in 
implementing the Congressionally-mandated NOA exemption for U.S. MODUs 
and other U.S. vessels traveling between OCS block areas.
    In accordance with 5 U.S.C. 553(d)(1) and (3), this rule will 
become effective upon the date of publication in the Federal Register. 
Under 5 U.S.C. 553(d)(1), an agency is permitted to make ``a 
substantive rule which grants or recognizes an exemption or relieves a 
restriction . . .'' to become immediately effective. The Coast Guard is 
making this rule effective immediately because it recognizes the 
legislative exemption provided to U.S. MODUs and other U.S. vessels 
from the requirement to submit an NOA when traveling between OCS block 
areas. Additionally, the Coast Guard finds that good cause exists for 
making this rule effective immediately upon publication in the Federal 
Register pursuant to 5

[[Page 36402]]

U.S.C. 553(d)(3). Delaying the effective date to provide a full 30 day 
notice is unnecessary because the rule merely makes a regulatory 
amendment to conform to the legislation passed by Congress under 
section 704 of the 2012 CGMTA.

III. Basis and Purpose

    The purpose of this rulemaking is to implement the legislative 
exemption provided under section 704 of the 2012 CGMTA, which exempts 
U.S. MODUs and other U.S. vessels traveling between OCS block areas 
from having to submit an NOA. Under current regulations in 33 CFR part 
146, subparts C and E, U.S. MODUs and vessels are required to submit an 
NOA when moving from one OCS block area to another. In order to align 
33 CFR part 146, subparts C and E with the NOA exemption provided under 
the 2012 CGMTA, we are amending Sec. Sec.  146.215 and 146.401 by 
specifically exempting U.S. MODUs and other U.S. vessels from having to 
submit an NOA when traveling directly from one OCS block area to 
another. U.S. MODUs and vessels arriving directly from a foreign port 
or place, however, would still be subject to the NOA requirements under 
33 CFR 146.215 and 146.405.
    Sections 146.215 and 146.401 already contain an NOA exemption for 
``those U.S. MODUs arriving directly from a U.S. port or place'' and 
``those U.S. vessels traveling directly from a U.S. port or place'' 
respectively; however, Sec. Sec.  146.215 and 146.405 require NOAs when 
a MODU or vessel ``arrives. . .from a different OCS block area.'' 
Whether an OCS block area is considered a ``U.S. port or place,'' thus 
exempting U.S. MODUs or other U.S. vessels traveling from one block 
area to another from the NOA OCS requirements provided under Sec. Sec.  
146.215 and 146.405, depends on the definitions of ``U.S. port or 
place'' and ``OCS block area.'' A ``U.S. port or place'' is determined 
by U.S. Customs and Border Protection through a fact-specific customs 
ruling. ``OCS block area'' is defined in both subparts C and E as ``the 
names given by the Bureau of Ocean Energy Management, Regulation and 
Enforcement (BOE) \1\ [which succeeded the Minerals Management Service 
(MMS) in 2010] \2\ to define the OCS areas used to facilitate 
management or leasing on the OCS.'' Because the authority has not 
expressly addressed whether ``U.S. port or place'' and ``OCS block 
area'' are analogous, we are implementing the legislative exemption 
contained in section 704 of the 2012 CGMTA by adding ``OCS block area'' 
to the existing exemptions in Sec. Sec.  146.215 and 146.401. 
Therefore, U.S. MODUs and other U.S. vessels arriving on the OCS 
directly from a different OCS block area, as well as those MODUs and 
vessels arriving from a U.S. port or place, would be exempt from the 
NOA OCS requirements. Also, to reflect the reorganization of MMS into 
BOEMRE in 2010, and subsequently BOEMRE into BOEM and BSEE in 2011, we 
are amending Sec. Sec.  140.10, 140.101 (b through d), 140.103 (b and 
c) and 140.105(a through e). We are also amending Sec. Sec.  146.102, 
146.200, 146.402 and 146.405(b)(2) to reflect the current title and 
acronym of ``BOEM'', which is called ``BOE'' in this section of our 
existing regulations.
---------------------------------------------------------------------------

    \1\ On October 1, 2011, BOE was split into the Bureau of Ocean 
Energy Management (BOEM) and the Bureau of Safety and Environmental 
Enforcement (BSEE), 76 FR 64432.
    \2\ 75 FR 61051.
---------------------------------------------------------------------------

IV. Background

    On January 13, 2011, the Coast Guard published a final rule in the 
Federal Register (76 FR 2254) that established the NOA requirements for 
vessels, facilities, and MODUs operating on the OCS. The final rule was 
designed to enhance maritime domain awareness over OCS activities. The 
rule increased maritime security and safety by requiring U.S. and 
foreign-flagged vessels, floating facilities, and MODUs arriving on 
and/or engaging in OCS activities to report their arrival time; 
location; and information regarding the floating facilities; MODUs; and 
the vessel's voyage, cargo, crew, and vessel information.
    The ``OCS'' is defined in 33 CFR 140.10 to include ``all submerged 
lands lying seaward and outside of the area of `lands beneath navigable 
waters' as defined in section 2(a) of the Submerged Lands Act (43 
U.S.C. 1301(a)) and of which the subsoil and seabed appertain to the 
United States and are subject to its jurisdiction and control.'' ``OCS 
activity'' is defined in 33 CFR 140.10 as ``any offshore activity 
associated with the exploration for, or development or production of, 
the minerals of the Outer Continental Shelf.''
    The rule implemented provisions of the Security and Accountability 
for Every Port Act of 2006 and increased overall maritime domain 
awareness by requiring owners or operators of U.S. and foreign-flagged 
vessels, floating facilities, and MODUs to submit NOA information to 
the Coast Guard's National Vessel Movement Center (NVMC) prior to 
engaging in OCS activities. Such information is critical to maritime 
safety and security and enables the Coast Guard to more effectively 
prevent or respond to a safety or security concern on the OCS.
    The January 13, 2011, NOA final rule and related materials may be 
viewed online at http://www.regulations.gov, docket number: USCG-2008-
1088.
    Upon publication of that final rule, the U.S. domestic offshore 
industry indicated that compliance with the final rule was difficult 
because of the nature of the services that these vessels provide when 
engaged in activities on the OCS. Through our partnership with the 
Offshore Marine Service Association, we established a working group to 
specifically address the design of an OCS-specific reporting form.
    In the intervening time between the effective date of the 2011 NOA 
final rule and the 2012 CGMTA, we requested voluntary compliance with 
the 2011 final rule using the current e-NOA-OCS application so that we 
could ascertain the practicality of the current application and the 
information requested. This voluntary compliance period allowed us to 
gather information as to what was needed to reduce the reporting 
burden. In December 2012, the 2012 CGMTA was signed into law. It 
contains a section that exempts U.S. MODUs and other U.S. documented 
vessels from reporting block-to-block movements and filing an NOA 
unless arriving on the OCS directly from a foreign port.

V. Discussion of Final Rule

    Through this rulemaking, we are amending Sec. Sec.  146.215 and 
146.401 by exempting U.S. MODUs and other U.S. vessels from having to 
submit an NOA when traveling directly from one OCS block area to 
another. These regulatory amendments are necessary in order to conform 
to the legislation passed by Congress under section 704 of the 2012 
CGMTA, which specifically exempts U.S. MODUs and other U.S. vessels 
traveling between OCS block areas from having to submit an NOA. We are 
also making a non-substantive amendment to Sec. Sec.  140.10, 140.101, 
140.103, 140.105, 146, 102, 146.200, 146.402 and 146.405 to reflect the 
current title and acronym for BOEM and BSEE.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes or E.O.s.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory

[[Page 36403]]

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 section 3(f) of E.O. 12866 as supplemented by E.O. 
13563, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of E.O. 12866. Accordingly, the final 
rule has not been reviewed by the Office of Management and Budget 
(OMB). Nonetheless, we developed an analysis of the costs and benefits 
of the rule to ascertain its probable impacts on industry. A final 
Regulatory Assessment follows:
    This final rule will implement a statutory change that exempts U.S. 
MODUs and U.S. vessels from submitting NOAs to the NVMC when transiting 
from one OCS block area to another, as defined above. This rule will 
align our regulations with section 704 of the 2012 CGMTA, which 
specifically exempts these vessels from submitting NOAs when traveling 
from one OCS block area to another. U.S. MODUs and vessels arriving 
from a U.S. port or place and traveling to the OCS and those same 
vessels that travel from the OCS to a U.S. port or place are exempt 
from submitting NOAs in 33 CFR part 146. However, based on Coast Guard 
data, no NOAs have been received from affected U.S. vessel owners and 
operators since December 2012, when the CGMTA was signed into law. 
Therefore, this rule will not have an economic impact on owners and 
operators of U.S. MODUs and vessels that transit the OCS.
    All vessels arriving from a foreign port or place to an OCS block 
area and vessels departing from an OCS block area traveling to a 
foreign port or place are still required to submit NOAs to the NVMC in 
accordance with 33 CFR part 146 as these vessels are not exempt under 
this final rule.
    In the development of this rule, we considered two alternatives 
(including the preferred alternative). The key factors that we 
evaluated in considering each alternative included: (1) The degree to 
which the alternative comported with the congressional mandate in 
section 704 of the 2012 CGMTA; (2) what benefits, if any, would be 
derived, such as the reduction in burden for vessel owners and 
operators; and (3) impacts on costs, if any. The alternatives 
considered are as follows:
    Alternative 1: Revise 33 CFR part 146 to remove the current 
submission requirement of an NOA for owners and operators of U.S. MODUs 
and vessels that transit from one OCS block area to another (preferred 
alternative). At present, owners and operators of U.S. MODUs and 
vessels are required to submit a NOA to the NVMC when departing from or 
arriving to one OCS block area to another. Implementation of this final 
rule will eliminate the NOA submission requirement for the above 
affected vessels.
    Alternative 2: Take no regulatory action. This option was not 
selected as it would not implement section 704 of the 2012 CGMTA. Under 
this alternative, regulatory language would remain inconsistent with 
section 704 of the 2012 CGMTA and current practice.
Analysis of Alternatives
    We chose Alternative 1, which implements section 704 of the Act as 
described in Section V of the preamble above. We chose to reject 
Alternative 2, the ``no regulatory action'' alternative, because it 
would not implement section 704 of the Act and would not harmonize 
regulatory language with the statute.
Costs
    We do not expect this final rule to impose new costs on the public 
or industry. This final rule will align our regulations with section 
704 of the 2012 CGMTA, which exempts U.S. MODUs and vessels from 
submitting NOAs to the NVMC when traveling from one OCS block area to 
another.
Benefits
    This rule makes conforming regulatory amendments to the legislation 
passed by Congress under section 704 of the 2012 CGMTA, which 
specifically exempts U.S. MODUs and other U.S. vessels traveling 
between OCS block areas from having to submit an NOA. By conforming the 
regulations to the legislation, we eliminate any potential for 
confusion regarding whether an NOA must be submitted when U.S. MODUs 
and U.S. vessels travel from one OCS block area to another. The Coast 
Guard has determined that because there have been no NOAs submitted to 
the NVMC since passage of the 2012 CGMTA, there are no cost savings 
attributable to this final rule.
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. However, we are 
implementing this legislative exemption in section 704 of the 2012 
CGMTA as a final rule, foregoing notice and comment under 5 U.S.C. 
553(b)(B) and the RFA does not require an agency to prepare a 
regulatory flexibility analysis for rules promulgated under section 
553(b)(B). Therefore, the Coast Guard is not required to publish a 
regulatory flexibility analysis.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the rule 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Lieutenant Commander Michael Lendvay, Office 
of Commercial Vessel Compliance, Coast Guard; telephone 202 372-1218, 
email michael.d.lendvay@uscg.mil. 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). On December 20, 
2012, the 2012 CGMTA was passed, which exempts U.S. vessels and MODUs 
that transit from one OCS block area to another from submitting NOAs to 
the NVMC. As a result, vessel owners and operators have not submitted 
NOAs since that time. This change has been incorporated into the ICR 
burden estimates during its renewal. Therefore no collection of 
information is necessary from this final rule.

[[Page 36404]]

E. Federalism

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132. Our 
analysis is explained below.
    Congress specifically granted the authority to the Secretary of the 
Department in which the Coast Guard is operating to regulate artificial 
islands, installations, and other devices permanently or temporarily 
attached to the OCS and in the waters adjacent thereto as it relates to 
the safety of life. Title 43 U.S.C. 1333(d)(1) states that the 
Secretary ``shall have the authority to promulgate and enforce such 
reasonable regulations with respect to lights and other warning 
devices, safety equipment, and other matters relating to the promotion 
of safety of life and property on the artificial islands, 
installations, and other devices . . . or on the waters adjacent 
thereto, as he may deem necessary.'' As this rule exempts certain MODUs 
and vessels from submitting NOAs when transiting from one OCS block 
area to another, it falls within the scope of authority Congress 
granted exclusively to the Secretary, especially since the rule 
implements a statutory change enacted by Congress under section 704 of 
the 2012 CGMTA. This authority has been delegated to the Coast Guard 
and is exercised in this rulemaking, and the States may not regulate 
within this category of arrival notification. Therefore, the rule is 
consistent with the principles of federalism and preemption 
requirements in E.O. 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with federalism implications 
and preemptive effect, E.O. 13132 specifically directs agencies to 
consult with State and local governments during the rulemaking process. 
If you believe this rule has implications for federalism under E.O. 
13132, please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section of this preamble.

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. Though this rule will not result in 
such an 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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under E.O. 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.

J. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 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.

K. Energy Effects

    We have analyzed this rule under E.O. 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 E.O. 12866 and is not likely to have a significant adverse effect 
on the supply, distribution, or use of energy. The Administrator of the 
Office of Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under E.O. 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
Office of Management and Budget, 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 (NEPA) (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 environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES. This rule involves Congressionally mandated 
regulations.

List of Subjects

33 CFR Part 140

    Continental shelf, Investigations, Marine safety, Occupational 
safety and health, Penalties, Reporting and recordkeeping requirements.

33 CFR Part 146

    Continental shelf, Marine safety, Occupational safety and health, 
Reporting and recordkeeping requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 140 and 146 as follows:

[[Page 36405]]



TITLE 33--NAVIGATION AND NAVIGABLE WATERS

PART 140--GENERAL

0
1. The authority citation for part 140 continues to read as follows:

    Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  140.10  [Amended]

0
2. In Sec.  140.10, in the definition of Bureau of Ocean Energy 
Management, Regulation and Enforcement inspector or BOEMRE inspector, 
remove the text ``Ocean Energy Management, Regulation and Enforcement 
inspector or BOEMRE'' and add, in its place, the text, ``Safety and 
Environmental Enforcement inspector or BSEE''; and after the text 
``employed by the Bureau of'', remove the text ``Ocean Energy 
Management, Regulation and'' and add, in its place, the text ``Safety 
and Environmental''.

0
3. Amend Sec.  140.101 as follows:
0
a. Revise the section heading;
0
b. In paragraph (b), after the words ``by the Bureau of'', remove the 
words ``Ocean Energy Management, Regulation and Enforcement (BOEMRE)'' 
and add, in its place, the words ``Safety and Environmental Enforcement 
(BSEE)'';
0
c. In paragraph (c), remove the text ``BOEMRE'' wherever it appears and 
add, in its place, the text ``BSEE''; and
0
d. In paragraph (d), in the first sentence, after the words ``Coast 
Guard marine inspector or,'' remove the words ``an BOEMRE'' and add, in 
its place, the words ``a BSEE''; and after the text ``The Coast Guard 
marine inspector or the'', remove the text ``BOEMRE'' and add, in its 
place, the text ``BSEE''.
    The revision reads as follows:


Sec.  140.101  Inspection by Coast Guard marine inspectors or Bureau of 
Safety and Environmental Enforcement inspectors.

* * * * *


Sec.  140.103  [Amended]

0
4. Amend Sec.  140.103 as follows:
0
a. In paragraph (b), after the words ``Bureau of'', remove the words 
``Ocean Energy Management, Regulation and Enforcement (BOEMRE)'' and 
add, in its place, the words ``Safety and Environmental Enforcement 
(BSEE)''; and
0
b. In paragraph (c), remove the text ``BOEMRE'' wherever it appears and 
add, in its place, the text ``BSEE''.


Sec.  140.105  [Amended]

0
5. Amend Sec.  140.105 as follows:
0
a. In paragraph (a), remove the text ``Minerals Management Service 
(MMS) and add, in its place, the words ``Bureau of Safety and 
Environmental Enforcement (BSEE)'';
0
b. In paragraph (b), remove the words ``an MMS'' and add, in its place, 
the words ``a BSEE''; and
0
c. In paragraphs (c), (d), and (e) remove the text ``MMS'' wherever it 
appears and add, in its place, the text ``BSEE''; and

PART 146--OPERATIONS

0
6. The authority citation for part 146 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. 1333, 1348, 1350, 
1356; Sec. 109, Pub. L. No. 109-347, 120 Stat. 1884; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  146.102  [Amended]

0
7. In Sec.  146.102, in the definition of ``OCS block area'', after the 
words ``Bureau of Ocean Energy Management'', remove the text ``, 
Regulation and Enforcement (BOE)'' and add, in its place, the text 
``(BOEM)''.


Sec.  146.200  [Amended]

0
8. In Sec.  146.200, in the definition of ``OCS block area'', after the 
words ``Bureau of Ocean Energy Management'' remove the text ``, 
Regulation and Enforcement (BOE)'' and add, in its place, the text 
``(BOEM)''.


Sec.  146.215  [Amended]

0
9. In Sec.  146.215(a) introductory text, after the words ``directly 
from a U.S. port or place'', add the words ``or from an OCS block 
area''.


Sec.  146.401  [Amended]

0
10. In Sec.  146.401, after the words ``directly from a U.S. port or 
place,'', add the words ``or from an OCS block area,''.


Sec.  146.402  [Amended]

0
11. In Sec.  146.402, in the definition of ``OCS block area'', after 
the words ``Bureau of Ocean Energy Management'' remove the text ``, 
Regulation and Enforcement (BOE)'' and add, in its place, the text 
``(BOEM)''.


Sec.  146.405  [Amended]

0
12. In Sec.  146.405(b)(2), remove the text ``BOE'' and add, in its 
place, the text ``BOEM''.

    Dated: June 23, 2014.
J. G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2014-14997 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P