Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments for U.S. Coast Guard Field District 1, 5567-5570 [2020-01294]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
§ 3282.212 Toxic Substances Control Act
(TSCA) Title VI requirements.
Manufacturers must maintain bills of
lading, invoices, or comparable
documents that include a written
statement from the supplier that the
component or finished goods are TSCA
Title VI compliant for a minimum of 3
years from the date of import, purchase,
or shipment, consistent with 40 CFR
770.30(c) and 770.40.
■ 11. Add § 3282.257 to read as follows:
§ 3282.257
TSCA Title VI requirements.
Retailers and distributors must
maintain bills of lading, invoices, or
comparable documents that include a
written statement from the supplier that
the component or finished goods are
TSCA Title VI compliant for a minimum
of 3 years from the date of import,
purchase, or shipment, consistent with
40 CFR 770.30(c) and 770.40.
Dated: January 23, 2020.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2020–01474 Filed 1–30–20; 8:45 am]
BILLING CODE 4210–67–P
29 CFR Part 9
RIN 1235–AA02; 1235–AA33
Nondisplacement of Qualified Workers
Under Service Contracts; Rescission
of Regulations
Wage and Hour Division,
Department of Labor.
ACTION: Final rule; rescission of
regulations.
AGENCY:
On October 31, 2019,
President Trump issued an Executive
order on improving Federal contractor
operations, which revoked an Executive
order concerning nondisplacement of
qualified workers under Federal service
contracts, and directed the Secretary of
Labor to promptly rescind the
regulations and policies implementing
the revoked Executive order. The
directive also ordered the termination of
all investigations or compliance actions
based on the revoked Executive order.
In accordance with this directive, the
Department of Labor is issuing a final
rule to rescind the regulations on
nondisplacement of qualified workers
under service contracts, which were
promulgated pursuant to the authority
provided by the revoked Executive
order.
DATES: This rule is effective January 31,
2020.
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SUMMARY:
15:45 Jan 30, 2020
Amy DeBisschop, Director of Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202)
693–0406 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Executive Summary
On October 31, 2019, President
Trump issued Executive Order 13897—
Improving Federal Contractor
Operations by Revoking Executive
Order 13495 (84 FR 59709, November 5,
2019). Executive Order 13897 directs
the Secretary of Labor to promptly
rescind regulations and other materials
implementing or enforcing Executive
Order 13495. Accordingly, the
Department issues this final rule
rescinding 29 CFR part 9,
Nondisplacement of Qualified Workers
Under Service Contracts, as these
regulations implement Executive Order
13495.
II. Background
DEPARTMENT OF LABOR
VerDate Sep<11>2014
FOR FURTHER INFORMATION CONTACT:
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Executive Order 13495 of January 30,
2009—Nondisplacement of Qualified
Workers Under Service Contracts—
provided that workers on a service
contract be given the right of first refusal
for employment with a successor
contractor if they would otherwise lose
their jobs as a result of expiration of the
contract. The implementing regulations,
29 CFR part 9, were promulgated in
accordance with the terms of Executive
Order 13495 and were published in the
Federal Register on August 29, 2011 (76
FR 53720). On October 31, 2019,
President Trump issued Executive
Order 13897—Improving Federal
Contractor Operations by Revoking
Executive Order 13495 (84 FR 59709,
November 5, 2019). Executive Order
13897 directs the Secretary of Labor to
terminate any investigations or
compliance actions based on Executive
Order 13495, and to ‘‘promptly move to
rescind any orders, rules, regulations,
guidelines, programs, or policies
implementing or enforcing Executive
Order 13495.’’ Since the authority for
these regulations no longer exists, the
Department for good cause hereby finds
that it is unnecessary and impracticable
to afford notice and comment
procedures on the rescission of the
regulations at 29 CFR part 9, and that
such rescission should be effective upon
publication. As provided in Executive
Order 13897, the revocation of
Executive Order 13495 and the
rescission of these regulations extend to
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5567
all investigations or compliance actions
based on Executive Order 13495.
III. Paperwork Reduction Act
The information collection
requirements contained in the
regulations at 29 CFR part 9 were
previously approved by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1980
(Pub. L. 96–511) and assigned OMB
Control Number 1235–0025. In light of
the rescission of these regulations, the
Department has submitted a request to
OMB to discontinue the information
collection under OMB control number
1235–0025.
List of Subjects in 29 CFR Part 9
Employment, Federal buildings and
facilities, Government contracts, Law
enforcement.
PART 9—[REMOVED AND RESERVED]
Accordingly, and under the authority
of Executive Order 13897, 84 FR 59709,
part 9 of title 29 of the Code of Federal
Regulations is hereby removed and
reserved.
■
Dated: January 15, 2020.
Cheryl M. Stanton,
Administrator, Wage and Hour Division.
[FR Doc. 2020–00948 Filed 1–30–20; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2018–0532]
RIN 1625–ZA38
Navigation and Navigable Waters, and
Shipping; Technical, Organizational,
and Conforming Amendments for U.S.
Coast Guard Field District 1
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is issuing
non-substantive technical,
organizational, and conforming
amendments to existing regulations for
District 1. These changes reflect the
current status of the identified regulated
navigation areas, special local
regulations, safety zones and security
zones within the district. This rule
removes safety zones and special local
regulations where the enforcement
period has expired or the event is no
longer held. This rule also removes
special local regulations where the
SUMMARY:
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
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 March 2,
2020.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0532 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 Craig D. Lapiejko, Coast Guard;
telephone (617) 223–8351, email
Craig.D.Lapiejko@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents for Preamble
I. Public Participation and Comments
II. Abbreviations
III. Basis and Purpose
IV. Discussion of Rule
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
CATEX Criteria for Categorical Exclusion
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
§ Section
U.S.C. United States Code
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II. Background, Purpose, and Legal
Basis
This rulemaking project was
identified as part of the Coast Guard’s
Regulatory Reform Task Force Initiative.
These First District 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 makes technical and editorial
corrections in Title 33 of the Code of
Federal Regulations (CFR). Specifically,
the rule removes safety zones and
special local regulations where the
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enforcement period has expired or 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. These changes are
necessary to correct errors, change
addresses, and make other nonsubstantive changes that improve the
clarity of the CFR. This rule does not
create or change any substantive
requirements.
The changes to 33 CFR part 100 are
specifically authorized under 46 U.S.C.
70041(a), which vests with the
Commandant of the Coast Guard the
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 46 U.S.C. 70034, granting the
Secretary of the Department of
Homeland Security broad authority to
issue, amend, or repeal regulations as
necessary to implement 46 U.S.C.
chapter 700, Ports and Waterways
Safety Program. The Secretary has
delegated rulemaking authority under
46 U.S.C. 70034 to the Commandant via
Department of Homeland Security
Delegation No. 0170.1.1
The Coast Guard is issuing this 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 exist
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.
IV. Discussion of Rule
The Coast Guard periodically issues
technical, organizational, and
conforming amendments to existing
regulations in titles 33 and 46 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.
1 The Coast Guard Authorization Act of 2018,
Public Law 115–282, 132 Stat. 4192 (Dec. 4, 2018)
redesignated 33 U.S.C. 1231 as 46 U.S.C. 70034.
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This rule amends § 100.114 by
deleting an event reference to fireworks
displays sponsored by the Bayville
Crescent Club and moves it to its correct
location in part 165.
Also in § 100.150, this rule removes
the reference to the New York Super
Boat Race on the Hudson River. This
event has not been held since 2013, and
there are no future plans for holding the
event.
In part 165, we remove § 165.130,
which is a security zone in Sandy Hook
Bay, NJ, as this area is already regulated
by the U.S. Army Corps of Engineers at
33 CFR 334.102. Pursuant to Executive
Order 12866, agencies shall avoid
duplicative regulations with other
agencies.
Also, in § 165.151, which regulates
Safety Zones, Fireworks Displays, Air
Shows and Swim Events in the Captain
of the Port Long Island Sound Zone, this
rule makes several modifications to
Table 1: In item 5.1, Jones Beach
Airshow, the rule removes the time of
the event and replaces it with the text
‘‘at a time to be determined annually,’’
because this event is not always held at
the same time every year. Also, in item
7.24, Village of Ashroken Fireworks, the
rule corrects the paragraph to read the
correct position of 40°45′39.93″ N,
072°39′49.14″ W (NAD 83), as opposed
to the incorrect coordinates currently
listed. Additionally, this rule adds new
item 7.49 concerning the Bayville
Crescent Club Fireworks that was
previously located at § 100.114.
Additionally, in § 165.160 which
regulates Safety Zones; Fireworks
Displays and Swim Events in Coast
Guard Captain of the Port New York
Zone, this rule removes event 1.1 in
Table 1, Macy’s 4th of July Fireworks.
This event has not been held at this
Hudson River location in several years
and there are no future plans for holding
the event in the Hudson River.
Finally, in § 165.169, the rule removes
paragraph (a)(9)(ii), as vessels are not
authorized within 100 yards of Rodman
Neck. In 2004 the Coast Guard
published a final rule establishing
permanent safety and security zones in
portions of the waters around the New
York City Police Department
ammunition depot on Rodman Neck in
Eastchester Bay, NY (69 FR 2666). The
final rule created a 100-yard boundary
zone around Rodman Neck.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
A summary of our analyses based on
these statutes or Executive Orders
follows.
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A. Regulatory Planning and Review
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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 costs and benefits, reducing
costs, harmonizing rules, and 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).
The Coast Guard proposes to revise 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.
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. The
benefit of the non-substantive changes is
increased clarity of regulations.
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.
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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.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this rule
would not have a significant economic
impact on a substantial number of small
entities.
F. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it would 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.
C. Assistance for Small Entities
G. 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 million (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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. 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 would call for no new
collection of information under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
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H. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, and
Commandant Instruction 5090.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f). Our
preliminary 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 preliminary 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 and L60(b) in Appendix
A, Table 1 of DHS Directive 023–01.
CATEX L54 pertains to promulgation of
regulations that are editorial or
procedural; and CATEX L60(b) pertains
to regulations for establishing,
disestablishing, or changing Regulated
Navigation Areas and safety or security
zones, notably for actions that
disestablish or reduce the size of the
area or zone. These regulation changes
are consistent with the Coast Guard’s
maritime safety and stewardship
missions.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
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:
§ 165.160
*
*
[Amended]
7. In § 165.160, in Table 1 to § 165.60,
remove event 1.1, Macy’s 4th of July
Fireworks.
§ 165.169
[Amended]
7. In § 165.169, remove paragraph
(a)(9)(ii) and redesignate paragraph
(a)(9)(iii) as paragraph (a)(9)(ii).
■
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
Dated: January 8, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–01294 Filed 1–30–20; 8:45 am]
§ 100.114
BILLING CODE 9110–04–P
[Removed]
2. Remove § 100.114
§ 100.150
■
*
■
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
■
*
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
4. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
[EPA–R03–OAR–2019–0362; FRL–10004–
09–Region 3]
■
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.
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia; Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality Standard
§ 165.130
AGENCY:
[Removed]
5. Remove § 165.130
■ 6. In § 165.151, amend Table 1 to
§ 165.151 as follows:
■ a. In item 5.1, Jones Beach Airshow,
remove the text ‘‘from 9:30 a.m. until
3:30 p.m. each day’’, and add in its
place the text ‘‘at a time to be
determined annually’’;
■ b. In item 7.24, Village of Ashroken
Fireworks, revise the reference
‘‘41°55′54.04″ N,073°21′27.97″ W (NAD
83)’’ to read ‘‘40°45′39.93″ N,
072°39′49.14″ W (NAD 83)’’; and
■ c. Add an entry for item 7.48 in
numerical order.
The addition reads as follows:
■
§ 165.151 Safety Zones; Fireworks
Displays, Air Shows and Swim Events in the
Captain of the Port Long Island Sound
Zone.
*
*
*
*
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TABLE 1 TO § 165.151
*
*
7.49 Bayville
Crescent
Club Fireworks.
*
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*
*
*
*
• Sponsor: Bayville Crescent
Club, Bayville, NY.
• Time: 8 p.m. to 10 p.m.
• Location: Cooper Bluff,
Cove Neck, NY.
*
16:28 Jan 30, 2020
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2021. Mr. Schulingkamp can also
be reached via electronic mail at
schulingkamp.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
[Removed]
3. Remove § 100.150
*
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
*
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*
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the District of Columbia
(the District). The SIP revision addresses
certain infrastructure requirements to
implement, maintain, and enforce the
2015 ozone national ambient air quality
standards (NAAQS), including the
requirements for interstate transport.
EPA is approving the District’s
infrastructure SIP revision for the 2015
ozone NAAQS, with exception of
certain portions, in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
March 2, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2019–0362. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
DATES:
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I. Background
On August 16, 2019 (84 FR 41942),
EPA published a notice of proposed
rulemaking (NPRM) for the District of
Columbia. In the NPRM, EPA proposed
approval of most portions of the District
of Columbia’s SIP revision addressing
infrastructure requirements for the 2015
ozone NAAQS. The formal SIP revision
was submitted by the District through
the Department of Environment and
Energy (DOEE) on August 24, 2018.
On October 26, 2015, EPA issued a
final rule strengthening both the
primary and secondary ozone NAAQS
for ground-level ozone to 70 parts per
billion (ppb), based on the fourthhighest maximum daily 8-hour ozone
concentration per year (hereafter the
2015 ozone NAAQS). 80 FR 65292.
Whenever EPA promulgates a new or
revised NAAQS, CAA section 110(a)(1)
requires states to make SIP submissions
to provide for the implementation,
maintenance, and enforcement of the
NAAQS. This particular type of SIP
revision is commonly referred to as an
‘‘infrastructure SIP revision.’’
Infrastructure SIP revisions must meet
the various requirements of CAA section
110(a)(2), as applicable. Section
110(a)(2) includes a list of specific
elements that each infrastructure SIP
revision must address.
II. Summary of SIP Revision and EPA
Analysis
The District’s August 24, 2018
infrastructure SIP revision addresses the
following infrastructure elements, or
portions thereof, for the 2015 ozone
NAAQS: CAA section 110(a)(2)(A), (B),
(C), (D)(i)(I), D(i)(II), D(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). The August 24,
2018 SIP revision addresses the
interstate transport requirements of
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]]>Agencies
[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5567-5570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01294]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2018-0532]
RIN 1625-ZA38
Navigation and Navigable Waters, and Shipping; Technical,
Organizational, and Conforming Amendments for U.S. Coast Guard Field
District 1
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is issuing non-substantive technical,
organizational, and conforming amendments to existing regulations for
District 1. These changes reflect the current status of the identified
regulated navigation areas, special local regulations, safety zones and
security zones within the district. This rule removes safety zones and
special local regulations where the enforcement period has expired or
the event is no longer held. This rule also removes special local
regulations where the
[[Page 5568]]
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 March 2, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0532 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 Craig D. Lapiejko, Coast Guard; telephone (617) 223-8351,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Comments
II. Abbreviations
III. Basis and Purpose
IV. Discussion of Rule
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
CATEX Criteria for Categorical Exclusion
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. Background, Purpose, and Legal Basis
This rulemaking project was identified as part of the Coast Guard's
Regulatory Reform Task Force Initiative. These First District 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 makes technical and
editorial corrections in Title 33 of the Code of Federal Regulations
(CFR). Specifically, the rule removes safety zones and special local
regulations where the enforcement period has expired or 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. These changes are necessary to correct
errors, change addresses, and make other non-substantive changes that
improve the clarity of the CFR. This rule does not create or change any
substantive requirements.
The changes to 33 CFR part 100 are specifically authorized under 46
U.S.C. 70041(a), which vests with the Commandant of the Coast Guard the
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 46 U.S.C.
70034, granting the Secretary of the Department of Homeland Security
broad authority to issue, amend, or repeal regulations as necessary to
implement 46 U.S.C. chapter 700, Ports and Waterways Safety Program.
The Secretary has delegated rulemaking authority under 46 U.S.C. 70034
to the Commandant via Department of Homeland Security Delegation No.
0170.1.\1\
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\1\ The Coast Guard Authorization Act of 2018, Public Law 115-
282, 132 Stat. 4192 (Dec. 4, 2018) redesignated 33 U.S.C. 1231 as 46
U.S.C. 70034.
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The Coast Guard is issuing this 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 exist 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.
IV. Discussion of Rule
The Coast Guard periodically issues technical, organizational, and
conforming amendments to existing regulations in titles 33 and 46 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 amends Sec. 100.114 by deleting an event reference to
fireworks displays sponsored by the Bayville Crescent Club and moves it
to its correct location in part 165.
Also in Sec. 100.150, this rule removes the reference to the New
York Super Boat Race on the Hudson River. This event has not been held
since 2013, and there are no future plans for holding the event.
In part 165, we remove Sec. 165.130, which is a security zone in
Sandy Hook Bay, NJ, as this area is already regulated by the U.S. Army
Corps of Engineers at 33 CFR 334.102. Pursuant to Executive Order
12866, agencies shall avoid duplicative regulations with other
agencies.
Also, in Sec. 165.151, which regulates Safety Zones, Fireworks
Displays, Air Shows and Swim Events in the Captain of the Port Long
Island Sound Zone, this rule makes several modifications to Table 1: In
item 5.1, Jones Beach Airshow, the rule removes the time of the event
and replaces it with the text ``at a time to be determined annually,''
because this event is not always held at the same time every year.
Also, in item 7.24, Village of Ashroken Fireworks, the rule corrects
the paragraph to read the correct position of 40[deg]45'39.93'' N,
072[deg]39'49.14'' W (NAD 83), as opposed to the incorrect coordinates
currently listed. Additionally, this rule adds new item 7.49 concerning
the Bayville Crescent Club Fireworks that was previously located at
Sec. 100.114.
Additionally, in Sec. 165.160 which regulates Safety Zones;
Fireworks Displays and Swim Events in Coast Guard Captain of the Port
New York Zone, this rule removes event 1.1 in Table 1, Macy's 4th of
July Fireworks. This event has not been held at this Hudson River
location in several years and there are no future plans for holding the
event in the Hudson River.
Finally, in Sec. 165.169, the rule removes paragraph (a)(9)(ii),
as vessels are not authorized within 100 yards of Rodman Neck. In 2004
the Coast Guard published a final rule establishing permanent safety
and security zones in portions of the waters around the New York City
Police Department ammunition depot on Rodman Neck in Eastchester Bay,
NY (69 FR 2666). The final rule created a 100-yard boundary zone around
Rodman Neck.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. A summary of our analyses based
on these statutes or Executive Orders follows.
[[Page 5569]]
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 costs and
benefits, reducing costs, harmonizing rules, and 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).
The Coast Guard proposes to revise 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. 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. The benefit of the
non-substantive changes is increased clarity of regulations.
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.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule would 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. 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 would call for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
F. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it would 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.
G. 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 million (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
H. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction 5090.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f). Our preliminary
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 preliminary 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 and L60(b) in Appendix A, Table 1 of DHS Directive
023-01. CATEX L54 pertains to promulgation of regulations that are
editorial or procedural; and CATEX L60(b) pertains to regulations for
establishing, disestablishing, or changing Regulated Navigation Areas
and safety or security zones, notably for actions that disestablish or
reduce the size of the area or zone. These regulation changes are
consistent with the Coast Guard's maritime safety and stewardship
missions.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
[[Page 5570]]
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: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.114 [Removed]
0
2. Remove Sec. 100.114
Sec. 100.150 [Removed]
0
3. Remove Sec. 100.150
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
4. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
Sec. 165.130 [Removed]
0
5. Remove Sec. 165.130
0
6. In Sec. 165.151, amend Table 1 to Sec. 165.151 as follows:
0
a. In item 5.1, Jones Beach Airshow, remove the text ``from 9:30 a.m.
until 3:30 p.m. each day'', and add in its place the text ``at a time
to be determined annually'';
0
b. In item 7.24, Village of Ashroken Fireworks, revise the reference
``41[deg]55'54.04'' N,073[deg]21'27.97'' W (NAD 83)'' to read
``40[deg]45'39.93'' N, 072[deg]39'49.14'' W (NAD 83)''; and
0
c. Add an entry for item 7.48 in numerical order.
The addition reads as follows:
Sec. 165.151 Safety Zones; Fireworks Displays, Air Shows and Swim
Events in the Captain of the Port Long Island Sound Zone.
* * * * *
Table 1 to Sec. 165.151
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* * * * *
7.49 Bayville Crescent Club Fireworks..... Sponsor: Bayville
Crescent Club, Bayville,
NY.
Time: 8 p.m. to 10
p.m.
Location: Cooper
Bluff, Cove Neck, NY.
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* * * * *
Sec. 165.160 [Amended]
0
7. In Sec. 165.160, in Table 1 to Sec. 165.60, remove event 1.1,
Macy's 4th of July Fireworks.
Sec. 165.169 [Amended]
0
7. In Sec. 165.169, remove paragraph (a)(9)(ii) and redesignate
paragraph (a)(9)(iii) as paragraph (a)(9)(ii).
Dated: January 8, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-01294 Filed 1-30-20; 8:45 am]
BILLING CODE 9110-04-P
