Removal of Regulated Navigation Areas, Safety Zones, Security Zones, and Special Local Regulations Within District 7, 7285-7288 [2019-03844]

Download as PDF Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations (3) It is a utility that is described in guidance published for this purpose in the Internal Revenue Bulletin (see § 601.601(d)(2)(ii) of this chapter). (D) Determinations under paragraphs (e)(1)(i)(C)(1) and (2) of this section take into account only the manner in which the energy is produced and not who owns the energy property or the facility or whether the applicability of relevant portions of sections 45 and 48 has expired. * * * * * (iv) * * * (B) To the extent that the utility consumed is described in paragraph (e)(1)(i)(B) of this section, the utility rate charged to the tenants of the unit does not exceed the highest rate that the tenants would have paid if they had obtained the utility from a local utility company. In determining whether a rate satisfies the preceding sentence, a building owner may rely on the rates published by local utility companies. * * * * * § 1.42–10T [Removed] Par. 5. Section 1.42–10T is removed. ■ Par. 6. Section 1.42–12 is amended by: ■ 1. Revising paragraph (a)(5)(i)(E). ■ 2. Revising paragraph (a)(5)(ii). ■ 3. Adding paragraph (a)(5)(iii). The revisions and addition read as follows: ■ § 1.42–12 rules. Effective dates and transitional (a) * * * (5) * * * (i) * * * (E) Section 1.42–10(e), except as provided in paragraph (a)(5)(iii) of this section. (ii) Except as provided in paragraph (a)(5)(iii) of this section, a building owner may apply the provisions described in paragraphs (a)(5)(i)(A) through (E) of this section to the building owner’s taxable years beginning before March 3, 2016. Otherwise, the utility allowance provisions that apply to those taxable years are contained in § 1.42–10, as contained in 26 CFR part 1, revised as of April 1, 2015. (iii) The provisions in § 1.42– 10(e)(1)(i) introductory text, (e)(1)(i)(B) through (D), and (e)(1)(iv)(B) apply to a building owner’s taxable years beginning on or after March 4, 2019. A building owner, however, may apply these provisions to earlier taxable years. Otherwise, the submetering provisions that apply to taxable years beginning after March 3, 2016, and before March 4, 2019, are contained in § 1.42–10 and VerDate Sep<11>2014 16:21 Mar 01, 2019 Jkt 247001 § 1.42–10T as contained in 26 CFR part 1 revised as of April 1, 2016. In addition, a building owner may apply those submetering provisions to taxable years beginning before March 3, 2016. * * * * * Kirsten Wielobob, Deputy Commissioner for Services and Enforcement. Approved: February 26, 2019. David J. Kautter, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2019–03827 Filed 2–27–19; 4:15 pm] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [Docket No. USCG–2018–0231] RIN 1625–AA00, 1625–AA08, 1625–AA11, 1625–AA87 Removal of Regulated Navigation Areas, Safety Zones, Security Zones, and Special Local Regulations Within District 7 Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is updating District 7 regulations to reflect the current status of identified regulated navigation areas, special local regulations, safety zones, and security zones within the District. This rule removes safety zones and special local regulations for rules where the enforcement period has expired or where the event is no longer held. This rule also removes special local regulations where the event no longer meets the criteria for a permitted event and is not suitable for coverage under a special local regulation in accordance with Coast Guard regulations. DATES: This rule is effective April 3, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 0231 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: For information about this document, call or email Paul Lehmann, District Seven Prevention Division, U.S. Coast Guard; telephone 301–415–6796, email Paul.D.Lehmann@uscg.mil. SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 7285 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CATEX Criteria for Categorical Exclusion CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis This rulemaking project was identified as part of the Coast Guard’s Regulatory Reform Task Force initiative. These District 7 field regulation changes were identified as part of the deregulation identification process required by Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs), Executive Order 13777 (Enforcing the Regulatory Reform Agenda Deregulatory Process), and associated guidance issued in 2017. This rule provides updates and clarifications to existing regulatory text in title 33 of the Code of Federal Regulations (CFR) parts 100 and 165. This rule removes safety zones and special local regulations for regulations where the enforcement period has expired or where the event is no longer held. This rule also removes special local regulations where the event no longer meets the criteria for a permitted event and is not suitable for coverage under a special local regulation in accordance with 33 CFR 100.35. District 7 has determined that normal navigation rules cover the safety of participants and spectators at these events adequately. If a change in circumstance indicates that additional safety measures are necessary, the Coast Guard might choose to promulgate new regulations for safety zones at these events at that time. The changes to 33 CFR part 100 are specifically authorized under 33 U.S.C. 1233, which vests the Commandant of the Coast Guard with authority to issue regulations to promote the safety of life on navigable waters during regattas or marine parades. The changes to 33 CFR part 165 are authorized under the general authority of 22 U.S.C. 1231, which grants the Secretary of the Department of Homeland Security broad authority to issue, amend, or repeal regulations necessary to implement 33 U.S.C. chapter 25, Ports and Waterways Safety Program. The Secretary has delegated rulemaking authority under 33 U.S.C. 1231 to the Commandant via Department of Homeland Security Delegation No. 0170.1. The Coast Guard is issuing this rule without prior notice and opportunity to E:\FR\FM\04MRR1.SGM 04MRR1 7286 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking with respect to this rule because it is unnecessary to do so. All of the changes in this final rule involve only minor amendments to existing regulations that will not result in a substantive effect on the public. III. Discussion of Rule A. Removal of Temporary Regulations for Past Events (1) Temporary Special Local Regulations This rule removes the temporary special local regulations 33 CFR 100.T07–0110, 100.T07–0192, and 100.35T07–0297. As discussed in the preamble for each of the associated Federal Register documents implementing these temporary regulations and the corresponding regulatory text, these regulations were meant to be of limited duration. They remain in the CFR at this time because of drafting errors in the DATES section of each of the implementing final rules. ‘‘Special Local Regulation; Low Country Splash, Wando River, Cooper River, and Charleston Harbor, Charleston, SC,’’ 33 CFR 100.T07–0110, was meant to expire on May 24, 2014, at 9 a.m. at the conclusion of the 2014 Low Country Splash. ‘‘Special Local Regulations; Beaufort Water Festival, Beaufort, SC,’’ 33 CFR 100.T07–0192, was meant to expire on July 26, 2015, at 4 p.m. at the conclusion of the 2015 Beaufort Water Festival. ‘‘Special Local Regulation, 50 Aniversario Balneario de Boqueron, Bahia de Boqueron; Boqueron, PR,’’ 33 CFR 100.35T07–0297 was meant to expire on May 5, 2013, at 4 p.m. at the conclusion of the 50 Aniversario Balneario de Boqueron. (2) Temporary Safety Zones This rule removes the temporary safety zone regulations 33 CFR 165.T07– 0040, 165.T07–0161, 165.T07–0320 and 165.T07–0347. As discussed in the preamble for each of the accompanying Federal Register documents implementing these regulations and the corresponding regulatory text, these regulations were meant to be of limited duration. They remain in the CFR at this time because of drafting errors in the DATES section of each of the VerDate Sep<11>2014 16:21 Mar 01, 2019 Jkt 247001 implementing final rules. ‘‘Safety Zone; Cooper River Bridge Run, Charleston, SC,’’ 33 CFR 165.T07–0040, was meant to expire on March 28, 2015, at 10:30 a.m., at the conclusion of the 2015 Cooper River Bridge Run. ‘‘Safety Zone; Xterra Swim, Myrtle Beach, SC,’’ 33 CFR 165.T07–0161, was mean to expire on May 4, 2014, at 8:15 a.m., at the conclusion of the 2014 Xterra Swim. ‘‘Safety Zone; Fourth of July Fireworks North Myrtle Beach, SC,’’ 33 CFR 165.T07–0320, was meant to expire on July 4, 2016, at 10:00 p.m., at the conclusion of the fireworks show. ‘‘Safety Zone; Fourth of July Fireworks Murrells Inlet, SC,’’ 33 CFR 165.T07– 0347, was meant to expire on July 4, 2016, at 10 p.m. None of these regulations—temporary special local regulations or temporary safety zones—have been enforced past the intended expiration period. B. Removal of Special Local Regulations for Events No Longer Held This rule removes certain entries in the list of recurring special local regulations in Captain of the Port (COTP) Zones Miami and Key West found in the table to 33 CFR 100.701. The Coast Guard has looked into each of these events and has found no evidence to indicate that these events are still being held. The entries being removed from this list for COTP Miami are Rotary Club of Fort Lauderdale New River Raft Race, Red Bull Candola, West Palm Beach Triathlon, and West Palm Beach World Championship. The entries being removed from this list for COTP Key West are The Bogey, The Bacal, and Miami to Key Largo Sailboat Race. C. Removal of Special Local Regulations for Events No Longer Permitted This rule removes special local regulations in COTP Zone Key West where the events in question no longer meet the criteria for permitted events and, therefore, are not suitable for coverage under a special local regulation in accordance with 33 CFR 100.35. District 7 has determined that the safety of participants and spectators at these events can be adequately covered by the normal navigational rules. If a change in circumstances indicates that additional safety measures are necessary, the Coast Guard might decide at that time to promulgate regulations for safety zones for these events. The entries being removed from this list for COTP Key West in the table to 33 CFR 100.701 are Blessing of the Fleet, Wreckers Cup Races, Boot Key Harbor Christmas Boat Parade, Key Colony Beach Holiday Boat Parade, Key PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Largo Boat Parade, and Key West Lighted Boat Parade. D. 33 CFR 165.778 The Coast Guard is removing paragraph (d) from 33 CFR 165.778 regarding the effective period of the security zone for the Port of Mayaguez. Paragraph (d) states the section had an effective period that ended April 29, 2009. Paragraph (d) conflicts with the effective information stated in the DATES section of the issuing final rule (74 FR 14046, March 30, 2009). This rule has continuing effect and did not cease being in effect after April 29, 2009. IV. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders. A. Regulatory Planning and Review Executive Orders 13563 (Improving Regulation and Regulatory Review) and 12866 (Regulatory Planning and Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. OMB considers this rule to be an Executive Order 13771 deregulatory action. See the OMB Memorandum titled ‘‘Guidance Implementing Executive Order 13771, titled ‘Reducing Regulation and Controlling Regulatory Costs’’’ (April 5, 2017). The Coast Guard is revising its regulations to provide updates and clarifications to existing regulatory text in title 33 of the Code of Federal Regulations (CFR) parts 100 and 165. E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations The revisions include the removal of temporary safety zones and special local regulations for past events, special local regulations for events no longer held and special local regulations for events no longer permitted. Normal navigation rules sufficiently cover the safety of participants and spectators at events that are no longer suitable for coverage under a special local regulation. This rule involves non-substantive changes and internal agency practices and procedures; it will not impose any additional costs on the public or the government. The qualitative benefit of the non-substantive changes is increased clarity of regulations. The increased clarity of the CFR is created by the removal of expired enforcement periods and the removal of events that are no longer held. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule will not impose any impacts on any entities. This means that there will be no economic impacts on any entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104– 121, we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person in the FOR FURTHER INFORMATION CONTACT section of this rule. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you VerDate Sep<11>2014 16:21 Mar 01, 2019 Jkt 247001 wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. D. Collection of Information This rule does not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). This rule does not change any of the burdens in the collections currently approved by OMB. E. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. F. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531–1538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any 1 year. Although this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, and Commandant Instruction M16475.lD (COMDTINST M16475.1D), which guide the Coast Guard in complying with the PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 7287 National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f). Our determination is that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under the ADDRESSES section of this preamble. This rule meets the criteria for categorical exclusion (CATEX) under paragraphs L54, L60, and L61 in Appendix A of DHS Directive 023–01. CATEX L54 pertains to promulgation of regulations that are editorial or procedural; CATEX L60 pertains to regulations for establishing, disestablishing, or changing Regulated Navigation Areas and security or safety zones; and CATEX L61 pertains to special local regulations issued in conjunction with a regatta or marine parade. This rule amends the Coast Guard District 7 field regulations by incorporating updates and clarifications to existing regulatory text in title 33 CFR parts 100 and 165. These changes generally pertain to removing certain obsolete special event regulations or clarifying the intended effective period of the security zone for the Port of Mayaguez (33 CFR 165.778). The Coast Guard’s Regulatory Reform Task Force Initiative identified these regulation changes, which are consistent with the Coast Guard’s maritime safety and stewardship missions. List of Subjects 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons stated in the preamble, the Coast Guard amends 33 CFR parts 100 and 165 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. § 100.T07–0110 ■ 2. Remove § 100.T07–0110 § 100.T07–0192 ■ [Removed] [Removed] 3. Remove § 100.T07–0192 E:\FR\FM\04MRR1.SGM 04MRR1 7288 Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations § 100.35T07–0297 ■ [Removed] 4. Remove § 100.35T07–0297 § 100.701 [Amended] 5. In § 100.701, amend the table to § 100.701 as follows: ■ a. Add the heading ‘‘(a) COTP Zone Miami; Special Local Regulations’’ before entry 1 at the top of the table. ■ b. Remove entries (a)1, 4, 6, and 9. ■ c. Redesignate entries (a)2, 3, 5, 7, 8, and 10 through 15 as entries (a)1 through 11. ■ d. Remove entries (c)1, 2, 4, 5, 6, 10, 11, 12, and 13. ■ e. Redesignate entries (c)3, 7, 8, and 9 as entries (c)1 through 4. ■ PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 6. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. § 165.T07–0040 ■ 7. Remove § 165.T07–0040. § 165.T07–0161 ■ [Removed] 9. Remove § 165.T07–0320. § 165.T07–0347 ■ [Removed] 8. Remove § 165.T07–0161. § 165.T07–0320 ■ [Removed] [Removed] 10. Remove § 165.T07–0347. § 165.778 [Amended] I. Table of Abbreviations 11. Amend § 165.778 by removing paragraph (d). ■ Dated: February 27, 2019. Peter J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2019–03844 Filed 3–1–19; 8:45 a.m.] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0127] RIN 1625–AA00 Safety Zone; Cumberland River, Kentucky Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for SUMMARY: VerDate Sep<11>2014 16:21 Mar 01, 2019 all navigable waters between mile marker 0.0 and mile marker 3.0 of the Cumberland River in Smithland, Kentucky. The safety zone is needed to protect personnel, vessels, and personal property from potential hazards created by vessel wake during a high water event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective without actual notice from March 4, 2019 until March 15, 2019. For the purposes of enforcement, actual notice will be used from February 26, 2019 until March 4, 2019. This rule will be enforced from February 26, 2019 to March 15, 2019, unless the lower gauge at Smithland Lock and Dam falls below 50 feet, in which case the enforcement of this rule will be terminated. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0127 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST2 Dylan Caikowski, Marine Safety Unit Paducah, U.S. Coast Guard; telephone 270–442–1621 ext. 2120, email STL-SMB-MSUPaducah-WWM@ uscg.mil. SUPPLEMENTARY INFORMATION: Jkt 247001 CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 emergency safety zone by February 26, 2019 to ensure the safety of residents and the protection of personal property near the riverfront in Smithland, Kentucky during a high water event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because delaying the effective period will compromise the safety of residents, vessels, and personal property near the riverfront of Smithland, Kentucky during a high water event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Ohio Valley (COTP) has determined a safety zone is needed to protect personnel, vessels, and personal property from potential hazards created by vessel wake during a high water event. IV. Discussion of the Rule This rule establishes a safety zone from February 26, 2019 to March 15, 2019 or when the lower gauge at Smithland Lock and Dam falls below 50 feet, whichever occurs first. The safety zone will cover all navigable waters between mile marker 0.0 and mile marker 3.0 of the Cumberland River in Smithland, Kentucky. The duration of the zone is intended to protect personnel, vessels, and the personal property in these navigable waters during the high water event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The COTP or a designated representative will inform the public through broadcast notices to mariners of any changes in the planned schedule. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7285-7288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2018-0231]
RIN 1625-AA00, 1625-AA08, 1625-AA11, 1625-AA87


Removal of Regulated Navigation Areas, Safety Zones, Security 
Zones, and Special Local Regulations Within District 7

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is updating District 7 regulations to reflect 
the current status of identified regulated navigation areas, special 
local regulations, safety zones, and security zones within the 
District. This rule removes safety zones and special local regulations 
for rules where the enforcement period has expired or where the event 
is no longer held. This rule also removes special local regulations 
where the event no longer meets the criteria for a permitted event and 
is not suitable for coverage under a special local regulation in 
accordance with Coast Guard regulations.

DATES: This rule is effective April 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0231 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Paul Lehmann, District Seven Prevention Division, U.S. 
Coast Guard; telephone 301-415-6796, email Paul.D.Lehmann@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CATEX Criteria for Categorical Exclusion
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This rulemaking project was identified as part of the Coast Guard's 
Regulatory Reform Task Force initiative. These District 7 field 
regulation changes were identified as part of the deregulation 
identification process required by Executive Order 13771 (Reducing 
Regulation and Controlling Regulatory Costs), Executive Order 13777 
(Enforcing the Regulatory Reform Agenda Deregulatory Process), and 
associated guidance issued in 2017. This rule provides updates and 
clarifications to existing regulatory text in title 33 of the Code of 
Federal Regulations (CFR) parts 100 and 165.
    This rule removes safety zones and special local regulations for 
regulations where the enforcement period has expired or where the event 
is no longer held. This rule also removes special local regulations 
where the event no longer meets the criteria for a permitted event and 
is not suitable for coverage under a special local regulation in 
accordance with 33 CFR 100.35. District 7 has determined that normal 
navigation rules cover the safety of participants and spectators at 
these events adequately. If a change in circumstance indicates that 
additional safety measures are necessary, the Coast Guard might choose 
to promulgate new regulations for safety zones at these events at that 
time.
    The changes to 33 CFR part 100 are specifically authorized under 33 
U.S.C. 1233, which vests the Commandant of the Coast Guard with 
authority to issue regulations to promote the safety of life on 
navigable waters during regattas or marine parades. The changes to 33 
CFR part 165 are authorized under the general authority of 22 U.S.C. 
1231, which grants the Secretary of the Department of Homeland Security 
broad authority to issue, amend, or repeal regulations necessary to 
implement 33 U.S.C. chapter 25, Ports and Waterways Safety Program. The 
Secretary has delegated rulemaking authority under 33 U.S.C. 1231 to 
the Commandant via Department of Homeland Security Delegation No. 
0170.1.
    The Coast Guard is issuing this rule without prior notice and 
opportunity to

[[Page 7286]]

comment pursuant to authority under section 4(a) of the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an 
agency to issue a rule without prior notice and opportunity to comment 
when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking with respect to this 
rule because it is unnecessary to do so. All of the changes in this 
final rule involve only minor amendments to existing regulations that 
will not result in a substantive effect on the public.

III. Discussion of Rule

A. Removal of Temporary Regulations for Past Events

(1) Temporary Special Local Regulations
    This rule removes the temporary special local regulations 33 CFR 
100.T07-0110, 100.T07-0192, and 100.35T07-0297. As discussed in the 
preamble for each of the associated Federal Register documents 
implementing these temporary regulations and the corresponding 
regulatory text, these regulations were meant to be of limited 
duration. They remain in the CFR at this time because of drafting 
errors in the DATES section of each of the implementing final rules. 
``Special Local Regulation; Low Country Splash, Wando River, Cooper 
River, and Charleston Harbor, Charleston, SC,'' 33 CFR 100.T07-0110, 
was meant to expire on May 24, 2014, at 9 a.m. at the conclusion of the 
2014 Low Country Splash. ``Special Local Regulations; Beaufort Water 
Festival, Beaufort, SC,'' 33 CFR 100.T07-0192, was meant to expire on 
July 26, 2015, at 4 p.m. at the conclusion of the 2015 Beaufort Water 
Festival. ``Special Local Regulation, 50 Aniversario Balneario de 
Boqueron, Bahia de Boqueron; Boqueron, PR,'' 33 CFR 100.35T07-0297 was 
meant to expire on May 5, 2013, at 4 p.m. at the conclusion of the 50 
Aniversario Balneario de Boqueron.
(2) Temporary Safety Zones
    This rule removes the temporary safety zone regulations 33 CFR 
165.T07-0040, 165.T07-0161, 165.T07-0320 and 165.T07-0347. As discussed 
in the preamble for each of the accompanying Federal Register documents 
implementing these regulations and the corresponding regulatory text, 
these regulations were meant to be of limited duration. They remain in 
the CFR at this time because of drafting errors in the DATES section of 
each of the implementing final rules. ``Safety Zone; Cooper River 
Bridge Run, Charleston, SC,'' 33 CFR 165.T07-0040, was meant to expire 
on March 28, 2015, at 10:30 a.m., at the conclusion of the 2015 Cooper 
River Bridge Run. ``Safety Zone; Xterra Swim, Myrtle Beach, SC,'' 33 
CFR 165.T07-0161, was mean to expire on May 4, 2014, at 8:15 a.m., at 
the conclusion of the 2014 Xterra Swim. ``Safety Zone; Fourth of July 
Fireworks North Myrtle Beach, SC,'' 33 CFR 165.T07-0320, was meant to 
expire on July 4, 2016, at 10:00 p.m., at the conclusion of the 
fireworks show. ``Safety Zone; Fourth of July Fireworks Murrells Inlet, 
SC,'' 33 CFR 165.T07-0347, was meant to expire on July 4, 2016, at 10 
p.m.
    None of these regulations--temporary special local regulations or 
temporary safety zones--have been enforced past the intended expiration 
period.

B. Removal of Special Local Regulations for Events No Longer Held

    This rule removes certain entries in the list of recurring special 
local regulations in Captain of the Port (COTP) Zones Miami and Key 
West found in the table to 33 CFR 100.701. The Coast Guard has looked 
into each of these events and has found no evidence to indicate that 
these events are still being held. The entries being removed from this 
list for COTP Miami are Rotary Club of Fort Lauderdale New River Raft 
Race, Red Bull Candola, West Palm Beach Triathlon, and West Palm Beach 
World Championship. The entries being removed from this list for COTP 
Key West are The Bogey, The Bacal, and Miami to Key Largo Sailboat 
Race.

C. Removal of Special Local Regulations for Events No Longer Permitted

    This rule removes special local regulations in COTP Zone Key West 
where the events in question no longer meet the criteria for permitted 
events and, therefore, are not suitable for coverage under a special 
local regulation in accordance with 33 CFR 100.35. District 7 has 
determined that the safety of participants and spectators at these 
events can be adequately covered by the normal navigational rules. If a 
change in circumstances indicates that additional safety measures are 
necessary, the Coast Guard might decide at that time to promulgate 
regulations for safety zones for these events. The entries being 
removed from this list for COTP Key West in the table to 33 CFR 100.701 
are Blessing of the Fleet, Wreckers Cup Races, Boot Key Harbor 
Christmas Boat Parade, Key Colony Beach Holiday Boat Parade, Key Largo 
Boat Parade, and Key West Lighted Boat Parade.

D. 33 CFR 165.778

    The Coast Guard is removing paragraph (d) from 33 CFR 165.778 
regarding the effective period of the security zone for the Port of 
Mayaguez. Paragraph (d) states the section had an effective period that 
ended April 29, 2009. Paragraph (d) conflicts with the effective 
information stated in the DATES section of the issuing final rule (74 
FR 14046, March 30, 2009). This rule has continuing effect and did not 
cease being in effect after April 29, 2009.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 13563 (Improving Regulation and Regulatory Review) 
and 12866 (Regulatory Planning and Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. OMB 
considers this rule to be an Executive Order 13771 deregulatory action. 
See the OMB Memorandum titled ``Guidance Implementing Executive Order 
13771, titled `Reducing Regulation and Controlling Regulatory Costs''' 
(April 5, 2017).
    The Coast Guard is revising its regulations to provide updates and 
clarifications to existing regulatory text in title 33 of the Code of 
Federal Regulations (CFR) parts 100 and 165.

[[Page 7287]]

The revisions include the removal of temporary safety zones and special 
local regulations for past events, special local regulations for events 
no longer held and special local regulations for events no longer 
permitted. Normal navigation rules sufficiently cover the safety of 
participants and spectators at events that are no longer suitable for 
coverage under a special local regulation. This rule involves non-
substantive changes and internal agency practices and procedures; it 
will not impose any additional costs on the public or the government. 
The qualitative benefit of the non-substantive changes is increased 
clarity of regulations. The increased clarity of the CFR is created by 
the removal of expired enforcement periods and the removal of events 
that are no longer held.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. This rule will not impose any impacts on any entities. This 
means that there will be no economic impacts on any entities. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

D. Collection of Information

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule 
does not change any of the burdens in the collections currently 
approved by OMB.

E. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any 1 year. Although this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, and Commandant Instruction M16475.lD 
(COMDTINST M16475.1D), which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). 
Our determination is that this action is one of a category of actions 
that do not individually or cumulatively have a significant effect on 
the human environment. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble.
    This rule meets the criteria for categorical exclusion (CATEX) 
under paragraphs L54, L60, and L61 in Appendix A of DHS Directive 023-
01. CATEX L54 pertains to promulgation of regulations that are 
editorial or procedural; CATEX L60 pertains to regulations for 
establishing, disestablishing, or changing Regulated Navigation Areas 
and security or safety zones; and CATEX L61 pertains to special local 
regulations issued in conjunction with a regatta or marine parade. This 
rule amends the Coast Guard District 7 field regulations by 
incorporating updates and clarifications to existing regulatory text in 
title 33 CFR parts 100 and 165. These changes generally pertain to 
removing certain obsolete special event regulations or clarifying the 
intended effective period of the security zone for the Port of Mayaguez 
(33 CFR 165.778).
    The Coast Guard's Regulatory Reform Task Force Initiative 
identified these regulation changes, which are consistent with the 
Coast Guard's maritime safety and stewardship missions.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons stated in the preamble, the Coast Guard amends 33 
CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.


Sec.  100.T07-0110  [Removed]

0
2. Remove Sec.  100.T07-0110


Sec.  100.T07-0192  [Removed]

0
3. Remove Sec.  100.T07-0192

[[Page 7288]]

Sec.  100.35T07-0297  [Removed]

0
4. Remove Sec.  100.35T07-0297


Sec.  100.701  [Amended]

0
5. In Sec.  100.701, amend the table to Sec.  100.701 as follows:
0
a. Add the heading ``(a) COTP Zone Miami; Special Local Regulations'' 
before entry 1 at the top of the table.
0
b. Remove entries (a)1, 4, 6, and 9.
0
c. Redesignate entries (a)2, 3, 5, 7, 8, and 10 through 15 as entries 
(a)1 through 11.
0
d. Remove entries (c)1, 2, 4, 5, 6, 10, 11, 12, and 13.
0
e. Redesignate entries (c)3, 7, 8, and 9 as entries (c)1 through 4.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
6. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.T07-0040  [Removed]

0
7. Remove Sec.  165.T07-0040.


Sec.  165.T07-0161  [Removed]

0
8. Remove Sec.  165.T07-0161.


Sec.  165.T07-0320  [Removed]

0
9. Remove Sec.  165.T07-0320.


Sec.  165.T07-0347  [Removed]

0
10. Remove Sec.  165.T07-0347.


Sec.  165.778  [Amended]

0
11. Amend Sec.  165.778 by removing paragraph (d).

    Dated: February 27, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-03844 Filed 3-1-19; 8:45 a.m.]
BILLING CODE 9110-04-P
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