Revisions to Notification Procedures for Limited Access Areas and Regulated Navigation Areas and Removal of Certain Marine Event and Limited Access Area Regulations for the Ninth, Thirteenth, and Seventeenth Coast Guard Districts, 13598-13601 [2020-04735]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Proposed Rules
authorized by the Captain of the Port
Sector Southeastern New England
(COTP) or a designated representative.
A designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Southeastern New
England.
(2) Persons or vessels seeking to enter
the regulated area must request
permission from the COTP or a
designated representative on VHF–FM
channel 16 or by telephone at 508–457–
3211.
(3) Persons and vessels permitted to
enter this regulated area must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through local
notice to mariners and Broadcast
Notices to Mariners of the enforcement
period for the regulated area as well as
any changes in the planned schedule.
Dated: March 3, 2020.
C.J. Glander,
Captain, U.S. Coast Guard, Captain of the
Port Sector Southeastern New England.
[FR Doc. 2020–04760 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2018–0486]
Revisions to Notification Procedures
for Limited Access Areas and
Regulated Navigation Areas and
Removal of Certain Marine Event and
Limited Access Area Regulations for
the Ninth, Thirteenth, and Seventeenth
Coast Guard Districts
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to revise portions of our general
regulation on the notification
procedures for the establishment and
disestablishment of limited access areas
and regulated navigation areas, as well
as to remove certain marine event and
limited access area regulations for the
Ninth, Thirteenth, and Seventeenth
Coast Guard Districts. The proposed
changes reflect current organizational
procedures and post-promulgation
changes in circumstances. We invite
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SUMMARY:
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Comments and related material
must be received by the Coast Guard on
or before April 8, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0486 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Courtney
Mallon, Coast Guard; telephone 202–
372–3758, email courtney.mallon@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for
Comments
II. Abbreviations
III. Background, Purpose, and Legal Basis
IV. Discussion of Proposed 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. Public Participation and Request for
Comments
RIN 1625–AA00, 1625–AA111625–AA08
ACTION:
your comments on this proposed
rulemaking.
The Coast Guard views public
participation as essential to effective
rulemaking, and will consider all
comments and material received during
the comment period. Your comment can
help shape the outcome of this
rulemaking. If you submit a comment,
please include the docket number for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If you cannot
submit your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
We accept anonymous comments. All
comments received will be posted
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without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this
proposed rule, and all public comments,
will be available in our online docket at
https://www.regulations.gov and can be
viewed by following that website’s
instructions. Additionally, if you visit
the online docket and sign up for email
alerts, you will be notified when
comments are posted or if a final rule is
published.
II. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
III. Background, Purpose, and Legal
Basis
The Coast Guard is proposing to
remove certain marine event and
limited access area regulations for the
Ninth, Thirteenth, and Seventeenth
Coast Guard Districts. The proposed
changes would remove regulations for
events that are no longer held or are no
longer needed to ensure the safety of
participants and the public. As part of
this rulemaking, the Coast Guard is also
proposing to revise our regulation on
the notification procedures for the
establishment and disestablishment of
limited access areas and regulated
navigation areas. These proposed
amendments reflect changes in agency
administrative process and would
provide increased transparency and
clarity. The Coast Guard identified these
proposed changes as part of the agency’s
deregulation effort under 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.
The Coast Guard is conducting this
rulemaking under the authority of 46
U.S.C. 70041 in regard to changes to 33
CFR part 100; and 46 U.S.C. 70034 in
regard to changes to 33 CFR part 165.
The Secretary of the Department of
Homeland Security (DHS) has delegated
authority to exercise general powers for
the purpose of executing duties and
functions of the Coast Guard to the
Commandant via Department of
Homeland Security Delegation No.
0170.1(II)(23). The Secretary has
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delegated ports and waterways
authority, with certain reservations not
applicable here, to the Commandant via
DHS Delegation No. 0170.1(II)(70). The
Commandant has further redelegated
these authorities within the Coast Guard
as described in 33 CFR 1.05–1.
IV. Discussion of Proposed Rule
A. 33 CFR Part 100—Safety of Life on
Navigable Waters
Ninth District
The Coast Guard is proposing to
remove a recurring Ninth Coast Guard
District special local regulation in 33
CFR 100.905 for the ‘‘Door County
Triathlon; Door County, WI.’’ The Door
Country Triathlon event is located in a
low traffic, no commercial traffic, safe
harbor that has no public access outside
of the event start and finish areas
controlled by the event sponsor. The
surrounding water access is private
property; there is no public access for
uncontrolled spectators. Removal of the
regulation would not affect public
safety. The local sheriff and Department
of Natural Resources are normally on
scene and boating traffic in the area is
recreational only.
Thirteenth District
The Coast Guard is proposing to
remove 33 CFR 100.1308, ‘‘Special
Local Regulation; Hydroplane Races
within the Captain of the Port Puget
Sound Area of Responsibility.’’ The
Lake Sammamish and Dyes Inlet areas,
which are covered by 33 CFR
100.1308(a)(1) and (3), have not been in
use for over 3 years. Although events
still occur in the Lake Washington area,
which are covered by 33 CFR
100.1308(a)(2), removing this regulation
would not affect the safety of
participants or spectators. The safety of
participants and spectators for events
occurring in Lake Washington is
ensured through 33 CFR 100.1301,
‘‘Seattle seafair unlimited hydroplane
race.’’
B. 33 CFR Part 165—Regulated
Navigation Areas and Limited Access
Areas
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General Regulations
The Coast Guard is proposing to
amend the general notice provisions for
regulated navigation areas and limited
access areas by removing paragraph (c)
from 33 CFR 165.7. The removal of
paragraph (c) would eliminate the
statement that notification of
termination of a safety zone, security
zone, or regulated navigation area is
usually made in the same form as
notification of its establishment. This
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would not change how, in practice, the
Coast Guard notifies the public of
regulated navigation areas and limited
access areas. The Coast Guard would
continue to provide notification, as
currently conducted, in accordance with
33 CFR 165.7(a)—generally by Federal
Register publication and supplemental
notification via marine broadcasts, local
notice to mariners, and local media. The
proposed elimination of paragraph (c) is
to account for the fact that the language
of the paragraph, specifically the use of
the term ‘‘termination,’’ is ambiguous. It
could mean either the end of the rule’s
effective period or the end of the rule’s
enforcement period. While the end of
the effective period for the rule might be
the same as the end of the enforcement
period, this is not always the case. In
the event a marine event terminates
earlier than expected, the local COTP
will often make the decision to
terminate enforcement of the zone(s)
before the close of the rule’s effective
date. While the potential for this course
of action is discussed in the
implementing rulemaking document,
there is typically no follow-up in the
Federal Register stating that such
enforcement has ceased. Rather, in
actual practice, this information is
communicated solely through marine
broadcasts, local notice to mariners, or
other means known to be routinely
referenced by the local marine
community.
Seventeenth District
The Coast Guard is proposing to
remove 33 CFR 165.1709, ‘‘Security
Zones; Liquefied Natural Gas Tanker
Transits and Operations at Phillips
Petroleum LNG Pier, Cook Inlet, AK.’’
The liquefied natural gas (LNG) terminal
in Cook Inlet has ceased operations for
the foreseeable future. No tankers have
called on it since 2015. The proposed
LNG pipeline scheme for the future
would re-route LNG production to
Valdez, assuming the price rises to
profitable levels. In the event that LNG
resumes flow to Cook Inlet, a new rule
would be appropriate, as the facility
name might be different.
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
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13599
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, 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 proposed
rule a ‘‘significant regulatory action,’’
under section 3(f) of Executive Order
12866. Accordingly, OMB has not
reviewed it. Because this proposed rule
is not a significant regulatory action, it
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 33 CFR parts 100 and 165. The
revisions include administrative
changes such as clarifying edits to
general regulations on notice of
termination of areas regulated under 33
CFR part 165, and the removal of a
special local regulation no longer
needed for safety, a special local
regulation for an event that is no longer
held, and a security zone for a facility
that has ceased operations. 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 proposed rule would
not impose any additional costs on the
public, maritime industry, or the
government. The qualitative benefit of
these proposed changes would be an
increase in the clarity of regulations
created by editorial corrections, the
removal of expired enforcement periods,
and the removal of events that are no
longer held.
B. Impact on Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this proposed rule would have
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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 proposed rule would not have
any economic impact on vessel owners
or operators, or any other maritime
industry entity. The proposed changes
include administrative changes relating
to internal agency practices and
procedures. Therefore, the proposed
rule would not have a significant
economic impact on any small entities.
Thus, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment to the docket
at the address under ADDRESSES. In your
comment, explain why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
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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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed 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
proposed 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).
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D. Collection of Information
This proposed rule calls for no new or
modified 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 proposed 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. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
G. Taking of Private Property
This proposed 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 proposed 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 proposed rule
under Executive Order 13045
(Protection of Children from
Environmental Health Risks and Safety
Risks). This proposed rule is not an
economically significant rule and would
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
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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.
K. Energy Effects
We have analyzed this proposed 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 proposed rule
under Department of Homeland
Security Management Directive 023–01,
Rev.1, associated implementing
instructions, and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This proposed rule would be
categorically excluded under paragraphs
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L54, L55, and L61 of Appendix A, Table
1 of DHS Instruction Manual 023–1–
001–01, Rev. 1. Paragraph L54 pertains
to promulgation of regulations that are
editorial or procedural; paragraph L55
pertains to internal agency functions;
and paragraph L61 pertains to special
local regulations issued in conjunction
with a regatta or marine parade. This
proposed rule would revise general
rulemaking regulations and also amend
the field regulations for the Ninth,
Thirteenth, and Seventeenth Coast
Guard Districts by incorporating
updates and clarifications to existing
regulatory text in 33 CFR parts 100 and
165.
These proposed regulation changes
were identified as part of the Coast
Guard’s deregulation identification
process required by Executive Order
13771 (Reducing Regulation and
Controlling Regulatory Costs), and
Executive Order 13777 (Enforcing the
Regulatory Reform Agenda Deregulatory
Process), and associated guidance
issued in 2017. All of the proposed
changes are consistent with the Coast
Guard’s maritime safety and
stewardship missions. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact associated with
this proposed rule.
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 is proposing
to amend 33 CFR parts 100 and 165 as
follows:
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
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[Removed]
2. Remove § 100.905.
§ 100.1308
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
4. The authority citation for part 165
continues to read as follows:
■
17:29 Mar 06, 2020
5. Amend § 165.7 by removing
paragraph (c).
■
§ 165.1709
■
[Removed]
6. Remove § 165.1709.
Dated: March 3, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2020–04735 Filed 3–6–20; 8:45 a.m.]
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2020–6; Order No. 5445]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent filing requesting
the Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports (Proposal One). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: April 2,
2020.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
Table of Contents
I. Introduction
II. Proposal One
III. Notice and Comment
IV. Ordering Paragraphs
reports.1 The Petition identifies the
proposed analytical changes filed in this
docket as Proposal One.
II. Proposal One
Background. Proposal One would
change the revenue, pieces, and weight
(RPW) reporting methodology ‘‘for
measuring the national totals of noncontract mailpieces in domestic parcel
mail categories bearing PC Postage
indicia from postage evidencing
systems.’’ Petition, Proposal One at 1.
The current RPW methodology for such
mail activity uses several census sources
combined with statistical elements from
the Origin-Destination Information
System—Revenue, Pieces, and Weight
(ODIS–RPW) probability sampling
system. Id. at 1, 3. Proposal One would
replace the ODIS–RPW statistical
sampling estimates with corresponding
census transactional data. Id. at 1.
The Postal Service lists several
requests the Commission has approved
for replacing statistical estimates with
census data. Id. at 1–2. Mailers may pay
for and print postage using PC Postage,
a third-party vendor software approved
by the Postal Service. Id. at 2. The Postal
Service explains that customers use
postage evidencing systems, which
consist of postage meters and PC
Postage products, to print evidence that
required postage has been paid. Id. To
indicate postage payment, postage
evidencing systems print informationbased indicia (IBI), which mailers place
on a mailpiece or a label affixed to a
mailpiece. Id. The National Meter
Account Tracking System (NMATS)
records PC Postage payment
transactions. Id.
The Postal Service runs an Automated
Package Verification (APV) system using
barcode data, in-line scales, and
dimensional scanners on parcel sorters
to compare PC Postage transaction
information with packages run through
the APV. Id. Based on this comparison,
the Postal Service either charges
customers’ accounts for underpaid
mailpieces or credits postage for
overpaid mailpieces. Id.
Proposal. Proposal One ‘‘would
switch reporting of PC Postage domestic
parcel mail categories from sample data
provided by the ODIS–RPW sampling
system to corresponding census data
provided by PC Postage transactional
data housed in NMATS.’’ Id. at 4. Under
I. Introduction
[Removed]
3. Remove § 100.1308.
VerDate Sep<11>2014
[Amended]
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
■
■
§ 165.7
FOR FURTHER INFORMATION CONTACT:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
§ 100.905
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.
13601
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On February 28, 2020, the Postal
Service filed a petition pursuant to 39
CFR 3050.11 requesting that the
Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
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1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal One),
February 28, 2020 (Petition). The Postal Service
filed a notice of filing of non-public materials
relating to Proposal One. Notice of Filing of USPS–
RM2020–6/NP1 and Application for Nonpublic
Treatment, February 28, 2020.
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]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Proposed Rules]
[Pages 13598-13601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04735]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2018-0486]
RIN 1625-AA00, 1625-AA111625-AA08
Revisions to Notification Procedures for Limited Access Areas and
Regulated Navigation Areas and Removal of Certain Marine Event and
Limited Access Area Regulations for the Ninth, Thirteenth, and
Seventeenth Coast Guard Districts
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to revise portions of our general
regulation on the notification procedures for the establishment and
disestablishment of limited access areas and regulated navigation
areas, as well as to remove certain marine event and limited access
area regulations for the Ninth, Thirteenth, and Seventeenth Coast Guard
Districts. The proposed changes reflect current organizational
procedures and post-promulgation changes in circumstances. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 8, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0486 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Courtney Mallon, Coast Guard;
telephone 202-372-3758, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
II. Abbreviations
III. Background, Purpose, and Legal Basis
IV. Discussion of Proposed 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. Public Participation and Request for Comments
The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If you cannot submit your
material by using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this proposed rule
for alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this proposed rule, and all public comments,
will be available in our online docket at https://www.regulations.gov
and can be viewed by following that website's instructions.
Additionally, if you visit the online docket and sign up for email
alerts, you will be notified when comments are posted or if a final
rule is published.
II. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
III. Background, Purpose, and Legal Basis
The Coast Guard is proposing to remove certain marine event and
limited access area regulations for the Ninth, Thirteenth, and
Seventeenth Coast Guard Districts. The proposed changes would remove
regulations for events that are no longer held or are no longer needed
to ensure the safety of participants and the public. As part of this
rulemaking, the Coast Guard is also proposing to revise our regulation
on the notification procedures for the establishment and
disestablishment of limited access areas and regulated navigation
areas. These proposed amendments reflect changes in agency
administrative process and would provide increased transparency and
clarity. The Coast Guard identified these proposed changes as part of
the agency's deregulation effort under 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.
The Coast Guard is conducting this rulemaking under the authority
of 46 U.S.C. 70041 in regard to changes to 33 CFR part 100; and 46
U.S.C. 70034 in regard to changes to 33 CFR part 165. The Secretary of
the Department of Homeland Security (DHS) has delegated authority to
exercise general powers for the purpose of executing duties and
functions of the Coast Guard to the Commandant via Department of
Homeland Security Delegation No. 0170.1(II)(23). The Secretary has
[[Page 13599]]
delegated ports and waterways authority, with certain reservations not
applicable here, to the Commandant via DHS Delegation No.
0170.1(II)(70). The Commandant has further redelegated these
authorities within the Coast Guard as described in 33 CFR 1.05-1.
IV. Discussion of Proposed Rule
A. 33 CFR Part 100--Safety of Life on Navigable Waters
Ninth District
The Coast Guard is proposing to remove a recurring Ninth Coast
Guard District special local regulation in 33 CFR 100.905 for the
``Door County Triathlon; Door County, WI.'' The Door Country Triathlon
event is located in a low traffic, no commercial traffic, safe harbor
that has no public access outside of the event start and finish areas
controlled by the event sponsor. The surrounding water access is
private property; there is no public access for uncontrolled
spectators. Removal of the regulation would not affect public safety.
The local sheriff and Department of Natural Resources are normally on
scene and boating traffic in the area is recreational only.
Thirteenth District
The Coast Guard is proposing to remove 33 CFR 100.1308, ``Special
Local Regulation; Hydroplane Races within the Captain of the Port Puget
Sound Area of Responsibility.'' The Lake Sammamish and Dyes Inlet
areas, which are covered by 33 CFR 100.1308(a)(1) and (3), have not
been in use for over 3 years. Although events still occur in the Lake
Washington area, which are covered by 33 CFR 100.1308(a)(2), removing
this regulation would not affect the safety of participants or
spectators. The safety of participants and spectators for events
occurring in Lake Washington is ensured through 33 CFR 100.1301,
``Seattle seafair unlimited hydroplane race.''
B. 33 CFR Part 165--Regulated Navigation Areas and Limited Access Areas
General Regulations
The Coast Guard is proposing to amend the general notice provisions
for regulated navigation areas and limited access areas by removing
paragraph (c) from 33 CFR 165.7. The removal of paragraph (c) would
eliminate the statement that notification of termination of a safety
zone, security zone, or regulated navigation area is usually made in
the same form as notification of its establishment. This would not
change how, in practice, the Coast Guard notifies the public of
regulated navigation areas and limited access areas. The Coast Guard
would continue to provide notification, as currently conducted, in
accordance with 33 CFR 165.7(a)--generally by Federal Register
publication and supplemental notification via marine broadcasts, local
notice to mariners, and local media. The proposed elimination of
paragraph (c) is to account for the fact that the language of the
paragraph, specifically the use of the term ``termination,'' is
ambiguous. It could mean either the end of the rule's effective period
or the end of the rule's enforcement period. While the end of the
effective period for the rule might be the same as the end of the
enforcement period, this is not always the case. In the event a marine
event terminates earlier than expected, the local COTP will often make
the decision to terminate enforcement of the zone(s) before the close
of the rule's effective date. While the potential for this course of
action is discussed in the implementing rulemaking document, there is
typically no follow-up in the Federal Register stating that such
enforcement has ceased. Rather, in actual practice, this information is
communicated solely through marine broadcasts, local notice to
mariners, or other means known to be routinely referenced by the local
marine community.
Seventeenth District
The Coast Guard is proposing to remove 33 CFR 165.1709, ``Security
Zones; Liquefied Natural Gas Tanker Transits and Operations at Phillips
Petroleum LNG Pier, Cook Inlet, AK.'' The liquefied natural gas (LNG)
terminal in Cook Inlet has ceased operations for the foreseeable
future. No tankers have called on it since 2015. The proposed LNG
pipeline scheme for the future would re-route LNG production to Valdez,
assuming the price rises to profitable levels. In the event that LNG
resumes flow to Cook Inlet, a new rule would be appropriate, as the
facility name might be different.
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, 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
proposed rule a ``significant regulatory action,'' under section 3(f)
of Executive Order 12866. Accordingly, OMB has not reviewed it. Because
this proposed rule is not a significant regulatory action, it 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 33 CFR parts
100 and 165. The revisions include administrative changes such as
clarifying edits to general regulations on notice of termination of
areas regulated under 33 CFR part 165, and the removal of a special
local regulation no longer needed for safety, a special local
regulation for an event that is no longer held, and a security zone for
a facility that has ceased operations. 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 proposed rule would not impose any additional costs on
the public, maritime industry, or the government. The qualitative
benefit of these proposed changes would be an increase in the clarity
of regulations created by editorial corrections, the removal of expired
enforcement periods, and the removal of events that are no longer held.
B. Impact on Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed rule would have
[[Page 13600]]
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 proposed rule would not have any economic impact on vessel
owners or operators, or any other maritime industry entity. The
proposed changes include administrative changes relating to internal
agency practices and procedures. Therefore, the proposed rule would not
have a significant economic impact on any small entities. Thus, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
proposed rule would have a significant economic impact on it, please
submit a comment to the docket at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed 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 proposed 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 proposed rule calls for no new or modified 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 proposed 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. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
G. Taking of Private Property
This proposed 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 proposed 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 proposed rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This proposed rule is not an economically significant rule and
would 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 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.
K. Energy Effects
We have analyzed this proposed 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 proposed rule under Department of Homeland
Security Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
This proposed rule would be categorically excluded under paragraphs
[[Page 13601]]
L54, L55, and L61 of Appendix A, Table 1 of DHS Instruction Manual 023-
1-001-01, Rev. 1. Paragraph L54 pertains to promulgation of regulations
that are editorial or procedural; paragraph L55 pertains to internal
agency functions; and paragraph L61 pertains to special local
regulations issued in conjunction with a regatta or marine parade. This
proposed rule would revise general rulemaking regulations and also
amend the field regulations for the Ninth, Thirteenth, and Seventeenth
Coast Guard Districts by incorporating updates and clarifications to
existing regulatory text in 33 CFR parts 100 and 165.
These proposed regulation changes were identified as part of the
Coast Guard's deregulation identification process required by Executive
Order 13771 (Reducing Regulation and Controlling Regulatory Costs), and
Executive Order 13777 (Enforcing the Regulatory Reform Agenda
Deregulatory Process), and associated guidance issued in 2017. All of
the proposed changes are consistent with the Coast Guard's maritime
safety and stewardship missions. We seek any comments or information
that may lead to the discovery of a significant environmental impact
associated with this proposed rule.
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 is
proposing to amend 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. 100.905 [Removed]
0
2. Remove Sec. 100.905.
Sec. 100.1308 [Removed]
0
3. Remove Sec. 100.1308.
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. 165.7 [Amended]
0
5. Amend Sec. 165.7 by removing paragraph (c).
Sec. 165.1709 [Removed]
0
6. Remove Sec. 165.1709.
Dated: March 3, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2020-04735 Filed 3-6-20; 8:45 a.m.]
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