Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, 7810-7813 [2019-03856]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7810-7813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03856]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110, 147, and 165

[Docket No. USCG-2018-1049]


Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule makes non-substantive technical and conforming 
amendments to existing Coast Guard regulations. The Coast Guard is 
issuing this technical amendment to conform to the changes made by the 
Frank LoBiondo Coast Guard Authorization Act of 2018, which 
redesignated existing United States Code provisions into new Titles and 
sections. This technical amendment updates the statutory authority 
citations for Coast Guard regulations that establish safety zones, 
security zones, special local regulations, regulated navigation areas, 
and anchorages. This rule will have no substantive effect on the 
regulated public.

DATES: This final rule is effective March 5, 2019.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket are part of docket number USCG-2018-1049, which is available 
at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Kate Sergent, Coast Guard; telephone 202-372-3752, email 
kate.e.sergent@uscg.mil.

SUPPLEMENTARY INFORMATION:

[[Page 7811]]

Table of Contents for Preamble

I. Abbreviations
II. Discussion of the Rule
III. Regulatory History
IV. Basis and Purpose
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Discussion of the Rule

    On December 4, 2018, Congress enacted the Frank LoBiondo Coast 
Guard Authorization Act of 2018 (Pub. L. 115-282). The Frank LoBiondo 
Coast Guard Authorization Act of 2018 redesignated multiple provisions 
within Titles 14, 33, 46, and 50 of the United States Code in an effort 
reorganize these Titles. The Coast Guard often uses the affected 
statutory provisions as authority for issuing regulations related to 
maritime safety and security.
    Most significantly, the Frank LoBiondo Coast Guard Authorization 
Act of 2018 redesignated the Ports and Waterways Safety Act provisions 
previously located in 33 U.S.C. 1221 through 1236, and with an 
exception not relevant to this rule, moved those provisions without 
substantive change into Chapter 700 of Title 46 of the United States 
Code.\1\ The new Chapter 700 of Title 46 is titled ``Ports and 
Waterways Safety''. This rule replaces the old statutory authority 
citations with their correct statutory authorities.
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    \1\ The Act moved 33 U.S.C. 1223a, which governs the use of 
electronic charts, to 46 U.S.C. 3105.
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    The Coast Guard periodically issues technical, organizational, and 
conforming amendments to existing regulations in title 33 of the CFR. 
These ``technical amendments'' provide the public with more accurate 
and current regulatory information, but do not change the effect on the 
public of any Coast Guard regulations.
    This rule updates the authority citations for the following parts 
of title 33 of the CFR: 100, 110, 147, and 165. This rule also updates 
in text citations to statutory authorities that were moved by the Frank 
LoBiondo Coast Guard Authorization Act. The Coast Guard is updating 
only these CFR parts with this final rule because we frequently issue 
temporary regulations to protect marine events that rely on the 
statutory authorities previously located in 33 U.S.C. 1221 through 1236 
and 50 U.S.C. 191. These safety-oriented regulations include safety 
zones, security zones, regulated navigation areas, special local 
regulations, safety zones on the outer continental shelf, and anchorage 
grounds. The Coast Guard will update all of our other affected 
regulations and their authority citations in one or more future 
rulemakings.

III. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule. 
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), 
the Coast Guard finds that this final rule is exempt from notice and 
public comment rulemaking requirements because these changes involve 
rules of agency organization, procedure, or practice. In addition, the 
Coast Guard finds that notice and comment procedures are unnecessary 
for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of 
only technical and editorial corrections and these changes will have no 
substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that, for the same reasons, good cause exists for making 
this final rule effective upon publication in the Federal Register.

IV. Basis and Purpose

    This final rule makes technical and editorial corrections in parts 
100, 110, 147, and 165 of title 33 of the CFR. These changes are 
necessary to update the authority citations for existing regulations 
and make other non-substantive amendments that improve the clarity of 
the CFR. This rule does not create or change any substantive 
requirements.
    This final rule is issued under the authority of 5 U.S.C. 552(a) 
and 553; 14 U.S.C. 102 and 503; and Department of Homeland Security 
Delegation No. 0170.1.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. Because this rule is 
not a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Guidance Implementing Executive Order 13771, titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). This 
rule involves non-substantive changes and internal agency practices and 
procedures; it will not impose any additional costs on the public or 
the government. The qualitative benefit of the non-substantive changes 
is increased clarity of regulations and their authority. The increased 
clarity of the CFR is created by the correction of errors, removing 
outdated references, and correcting citations to match current 
statutory text.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    This rule is not preceded by a notice of proposed rulemaking. 
Therefore, it is

[[Page 7812]]

exempt from the requirements of the Regulatory Flexibility Act (5 
U.S.C. 601-612). The Regulatory Flexibility Act does not apply when 
notice and comment rulemaking is not required.

C. Assistance for Small Entities

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

D. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This final rule 
will not change any of the burdens in the collections currently 
approved by OMB.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights).

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988 (Civil Justice Reform) to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045 (Protection 
of Children from Environmental Health Risks and Safety Risks). This 
rule is not an economically significant rule and will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it will not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. A 
final Record of Environmental Consideration supporting this 
determination is available in the docket where indicated in the 
ADDRESSES section of this preamble. This final rule involves non-
substantive technical, organizational, and conforming amendments to 
existing Coast Guard regulations. Therefore, this rule is categorically 
excluded under paragraph L54 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. Paragraph L54 pertains to regulations 
which are editorial or procedural.

List of Subjects

33 CFR Part 100

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

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 100, 110, 147, and 165 as follows:

Title 33--Navigation and Navigable Waters

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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


[[Page 7813]]


    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


Sec.  100.35  [Amended]

0
2. In Sec.  100.35(c), remove the text ``33 U.S.C. 1233'' and add in 
its place the text ``46 U.S.C. 70041''.


Sec.  100.1401   [Amended]

0
3. In Sec.  100.1401(e), remove the text ``33 U.S.C. 1233'' and add in 
its place the text ``46 U.S.C. 70041''.

PART 110--ANCHORAGE REGULATIONS

0
4. The authority citation for part 110 is revised to read as follows:

    Authority: 33 U.S.C. 471, 2071, 46 U.S.C. 70034; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

0
5. In Sec.  110.1a, revise the section heading and paragraph (a) 
introductory text to read as follows:


Sec.  110.1a  Anchorages under Ports and Waterways Safety provisions.

    (a) The anchorages listed in this section are regulated under 46 
U.S.C. Chapter 700, ``Ports and Waterways Safety'':
* * * * *

PART 147--SAFETY ZONES

0
6. The authority citation for part 147 is revised to read as follows:

    Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 33 CFR 1.05-1; 
Department of Homeland Security Delegation No. 0170.1.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
8. In part 165:
0
a. Revise all references to ``33 U.S.C. 1226'' to read ``46 U.S.C. 
70116''.
0
b. Revise all references to ``33 U.S.C. 1231'' to read ``46 U.S.C. 
70034''.
0
c. Revise all references to ``33 U.S.C. 1232'' to read ``46 U.S.C. 
70036''.
0
d. Revise all references to ``50 U.S.C. 191'' to read ``46 U.S.C. 
70051''.
0
e. Revise all references to ``50 U.S.C. 192'' to read ``46 U.S.C. 
70052''.


Sec.  165.9  [Amended]

0
9. Amend Sec.  165.9 as follows:
0
a. In paragraph (b), remove the text ``the Ports and Waterways Safety 
Act, 33 U.S.C. 1221-1232'' and add in its place the text ``46 U.S.C. 
70001-70041''.
0
b. In paragraph (c):
0
i. Remove the text ``the Ports and Waterways Safety Act, 33 U.S.C. 
1221-1232'' and add in its place the text ``46 U.S.C. Chapter 700''; 
and
0
ii. Remove the text ``50 U.S.C. 191-195'' and add in its place the text 
``46 U.S.C. 70051-54''.


Sec.  165.838   [Amended]

0
10. Amend Sec.  165.838 as follows:
0
a. In paragraph (b)(5), remove the text ``the Ports and Waterways 
Safety Act, 33 U.S.C. 1221 et seq.'' and add in its place the text ``46 
U.S.C. Chapter 700''.
0
b. In paragraph (i), remove the text ``the Ports and Waterways Safety 
Act, 33 U.S.C. 1221 et seq.'' and add in its place the text ``46 U.S.C. 
70036 and 70041''.

    Dated: February 27, 2019.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2019-03856 Filed 3-4-19; 8:45 am]
 BILLING CODE 9110-04-P