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, 47027-47030 [2020-16334]
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Rules and Regulations
mail facility location of each such
Inbound EMS item and the total
quantity of any such Inbound EMS
items received at each affected
international mail facility location.
(3) Adjustment of User Fee for
Inbound Express Mail items. Beginning
in fiscal year 2021, the Secretary of the
Treasury, in consultation with the
Postmaster General, may adjust by
regulation, not more frequently than
once each fiscal year, the amount
described in paragraph (l)(1)(i) of this
section to an amount not to exceed the
costs of services provided in connection
with the customs processing of Inbound
EMS items, consistent with the
obligations of the United States under
international agreements.
3. Amend § 24.23 by:
a. Adding paragraph (a)(6); and
■ b. Revising paragraph (c)(1)(v).
The addition and revision read as
follows:
■
■
§ 24.23
Fees for processing merchandise.
(a) * * *
(6) Inbound Express Mail service or
Inbound EMS. Inbound Express Mail
service or Inbound EMS means the
service described in the mail
classification schedule referred to in
section 3631 of title 39, United States
Code and 39 CFR 3040.104.
*
*
*
*
*
(c) * * *
(1) * * *
(v) Merchandise described in General
Note 19, HTSUS, merchandise released
under 19 U.S.C. 1321, and merchandise
imported by mail, other than Inbound
EMS items that are formally entered on
or after September 3, 2020
*
*
*
*
*
Appendix A to Part 24 [Amended]
DEPARTMENT OF THE TREASURY
Coast Guard
26 CFR Part 1
33 CFR Parts 100 and 165
[TD 9896]
[Docket No. USCG–2018–0486]
RIN 1545–BO53
Rules Regarding Certain Hybrid
Arrangements; Correction
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Final regulations; correction.
This document contains
corrections to final regulations Treasury
Decision 9896 that were published in
the Federal Register on Wednesday,
April 8, 2020. The final regulations
providing guidance regarding hybrid
dividends and certain amounts paid or
accrued pursuant to hybrid
arrangements, which generally involve
arrangements whereby U.S. and foreign
tax law classify a transaction or entity
differently for tax purposes.
SUMMARY:
This correction is effective on
August 4, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
Tracy Villecco at (202) 317–6933 or
Tianlin (Laura) Shi at (202) 317–6936
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9896) that
are the subject of this correction are
issued under section 267A of the Code.
Need for Correction
As published April 8, 2020, the final
regulations (TD 9896) contained an error
that need to be corrected.
■
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Dated: July 15, 2020.
Mark A. Morgan,
Chief Operating Officer and Senior Official
Performing the Duties of Commissioner, U.S.
Customs and Border Protection.
Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2020–15663 Filed 8–3–20; 8:45 am]
Accordingly, the final regulations (TD
9896), that are the subject of FR Doc.
2020–05924, are corrected as follows:
On page 19817, the first column, the
fifth line of the fourth paragraph, the
language ‘‘the use CFCs’’ is corrected to
read ‘‘the use of CFCs’’.
■
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2020–15940 Filed 8–3–20; 8:45 am]
BILLING CODE 4830–01–P
BILLING CODE 9111–14–P
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DEPARTMENT OF HOMELAND
SECURITY
Internal Revenue Service
Correction of Publication
4. In Appendix A to Part 24 amend the
entry for (a)(6) by removing, in the
second column, ‘‘(f) and adding in its
place ‘‘(f)(1)’’.
47027
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RIN 1625–AA00, 1625–AA08, 1625–AA11,
and 1625–AA87
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
portions of our general regulation on the
notification procedures for the
establishment and disestablishment of
limited access areas and regulated
navigation areas, to reflect current
organizational procedures. This rule
also removes certain marine event and
limited access area regulations for the
Ninth, Thirteenth, and Seventeenth
Coast Guard Districts because they are
no longer needed.
DATES: This final rule is effective
September 3, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0486 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 Courtney Mallon, U.S. Coast
Guard; telephone 202–372–3758, email
courtney.mallon@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
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
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March 9, 2020 at 85 FR 13598. We are
issuing, without change, the rule as we
described it in the notice of proposed
rulemaking.
I. Abbreviations
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
OMB Office of Management and Budget
§ Section
U.S.C. United States Code
A. 33 CFR Part 100—Safety of Life on
Navigable Waters
II. Basis and Purpose, and Regulatory
History
The Coast Guard is removing certain
marine event and limited access area
regulations for the Ninth, Thirteenth,
and Seventeenth Coast Guard Districts.
The changes remove regulations for
events that are no longer held or
regulations that are no longer needed to
ensure the safety of participants and the
public. As part of this rulemaking, the
Coast Guard is also revising our
regulation on the notification
procedures for the establishment and
disestablishment of limited access areas
and regulated navigation areas. These
amendments reflect changes in agency
administrative process and 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 issued a notice of
proposed rulemaking for this action on
March 9, 2020, at 85 FR 13598, in which
we invited public comment on the
proposal. The comment period closed
on April 8, 2020. We received no
comments on the proposal.
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
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.
III. Discussion of the Rule
As stated above, we received no
comments on the notice of proposed
rulemaking for this action published
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Ninth District
The Coast Guard is removing 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, safe harbor with no commercial
traffic. The safe harbor 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 will 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 removing 33 CFR
100.1308, ‘‘Special Local Regulation;
Hydroplane Races within the Captain of
the Port Puget Sound Area of
Responsibility.’’ Section 100.1308
describes three restricted areas. 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
will not affect the safety of participants
or spectators because those events are
also covered by 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 amending 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)
eliminates 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 does not change
how, in practice, the Coast Guard
notifies the public of regulated
navigation areas and limited access
areas.
The regulations in 33 CFR part 165
are established through rulemaking
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which involves one or more documents
being published in the Federal Register.
In certain situations, a rule will be
issued and made effective before it can
be published in the Federal Register.
The Coast Guard will continue to
provide notification of safety zone,
security zone, and regulation navigation
area regulations 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
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.
In the event that 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 stated
effective period. While the potential for
this course of action is discussed in the
implementing rulemaking document,
there is typically not time to publish a
statement in the Federal Register that
such enforcement has ceased. Rather, in
actual practice, this information is
communicated through marine
broadcasts, local notice to mariners, or
other means known to be routinely
referenced by the local marine
community. Also, the same methods
will be used to announce that a not-yetpublished rule has been issued to end
the effective period of the initial rule.
Seventeenth District
The Coast Guard is removing 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. In the event that LNG vessel
traffic resumes to Cook Inlet, a new rule
would be appropriate.
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
orders.
A. Regulatory Planning and Review
Executive Orders 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
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necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (Reducing Regulation and
Controlling Regulatory Costs) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
Because this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See the OMB
Memorandum titled ‘‘Guidance
Implementing Executive Order 13771,
titled ‘Reducing Regulation and
Controlling Regulatory Costs’ ’’ (April 5,
2017). A regulatory analysis (RA)
follows.
The Coast Guard is revising 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 rule does not impose
any additional costs on the public,
maritime industry, or the government.
The qualitative benefit of these changes
is 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. 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.
This rule does not have any economic
impact on vessel owners or operators, or
any other maritime industry entity. The
changes include administrative changes
relating to internal agency practices and
procedures. The rule does not have a
significant economic impact on any
small entities. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520.
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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47029
F. Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1538, requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Although this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform) to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045 (Protection of
Children from Environmental Health
Risks and Safety Risks). This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under
Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
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L. Technical Standards and
Incorporation by Reference
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, 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 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 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 rule is categorically excluded
under paragraphs L54, L55, and L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–001–01, Rev. 1.1 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 rule
revises general rulemaking regulations
and also amends 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 changes were identified as part
of the Coast Guard’s deregulation
1 https://www.dhs.gov/sites/default/files/
publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_
508%20Admin%20Rev.pdf.
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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 changes are consistent with the
Coast Guard’s maritime safety and
stewardship missions.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects
Emergency Safety Zone; Lower
Mississippi River, Rosedale, MS
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
[Docket Number USCG–2020–0414]
RIN 1625–AA00
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
emergency purposes for all waters of the
Lower Mississippi River (LMR),
extending from River Mile Marker (MM)
594.0 to MM 597.0. The emergency
safety zone is needed to protect persons,
property, infrastructure, and the marine
environment from the potential safety
hazards associated with the emergency
dredging operations being conducted
between MM 595.0 and MM 596.0, in
the vicinity of the Victoria Bend Dikes,
Rosedale, Mississippi. Deviation from
the safety zone is prohibited unless
specifically authorized by the Captain of
the Port Lower Mississippi River or a
designated representative.
This rule is effective without
actual notice from August 4, 2020
through August 5, 2020, or until all
dredge work is complete, whichever
occurs earlier. For the purposes of
enforcement, actual notice will be used
from July 22, 2020 through August 4,
2020.
DATES:
§ 100.905
[Removed]
2. Remove § 100.905.
§ 100.1308
■
33 CFR Part 165
SUMMARY:
33 CFR Part 165
■
Coast Guard
[Removed]
3. Remove § 100.1308.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0414 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
5. Amend § 165.7 by removing
paragraph (c).
If
you have questions on this rule, call or
email LT Adam J. Paz, U.S. Coast Guard;
telephone 901–521–4825, email
adam.j.paz@uscg.mil.
§ 165.1709
SUPPLEMENTARY INFORMATION:
§ 165.7
[Amended]
■
■
[Removed]
I. Table of Abbreviations
6. Remove § 165.1709.
Dated: July 22, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2020–16334 Filed 8–3–20; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM River Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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]]>Agencies
[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47027-47030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16334]
=======================================================================
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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-AA08, 1625-AA11, and 1625-AA87
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising portions of our general regulation
on the notification procedures for the establishment and
disestablishment of limited access areas and regulated navigation
areas, to reflect current organizational procedures. This rule also
removes certain marine event and limited access area regulations for
the Ninth, Thirteenth, and Seventeenth Coast Guard Districts because
they are no longer needed.
DATES: This final rule is effective September 3, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0486 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 Courtney Mallon, U.S. Coast Guard; telephone 202-372-
3758, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
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
[[Page 47028]]
I. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. Basis and Purpose, and Regulatory History
The Coast Guard is removing certain marine event and limited access
area regulations for the Ninth, Thirteenth, and Seventeenth Coast Guard
Districts. The changes remove regulations for events that are no longer
held or regulations that are no longer needed to ensure the safety of
participants and the public. As part of this rulemaking, the Coast
Guard is also revising our regulation on the notification procedures
for the establishment and disestablishment of limited access areas and
regulated navigation areas. These amendments reflect changes in agency
administrative process and 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 issued a notice of proposed rulemaking for this
action on March 9, 2020, at 85 FR 13598, in which we invited public
comment on the proposal. The comment period closed on April 8, 2020. We
received no comments on the proposal.
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
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.
III. Discussion of the Rule
As stated above, we received no comments on the notice of proposed
rulemaking for this action published March 9, 2020 at 85 FR 13598. We
are issuing, without change, the rule as we described it in the notice
of proposed rulemaking.
A. 33 CFR Part 100--Safety of Life on Navigable Waters
Ninth District
The Coast Guard is removing 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, safe harbor with no commercial traffic. The
safe harbor 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 will 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 removing 33 CFR 100.1308, ``Special Local
Regulation; Hydroplane Races within the Captain of the Port Puget Sound
Area of Responsibility.'' Section 100.1308 describes three restricted
areas. 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 will not
affect the safety of participants or spectators because those events
are also covered by 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 amending 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)
eliminates 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 does not
change how, in practice, the Coast Guard notifies the public of
regulated navigation areas and limited access areas.
The regulations in 33 CFR part 165 are established through
rulemaking which involves one or more documents being published in the
Federal Register. In certain situations, a rule will be issued and made
effective before it can be published in the Federal Register. The Coast
Guard will continue to provide notification of safety zone, security
zone, and regulation navigation area regulations 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 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.
In the event that 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 stated effective period.
While the potential for this course of action is discussed in the
implementing rulemaking document, there is typically not time to
publish a statement in the Federal Register that such enforcement has
ceased. Rather, in actual practice, this information is communicated
through marine broadcasts, local notice to mariners, or other means
known to be routinely referenced by the local marine community. Also,
the same methods will be used to announce that a not-yet-published rule
has been issued to end the effective period of the initial rule.
Seventeenth District
The Coast Guard is removing 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. In the event that LNG
vessel traffic resumes to Cook Inlet, a new rule would be appropriate.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 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
[[Page 47029]]
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. Because this rule is
not a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). A
regulatory analysis (RA) follows.
The Coast Guard is revising 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 rule does not impose
any additional costs on the public, maritime industry, or the
government. The qualitative benefit of these changes is 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. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule does not have any economic impact on vessel owners or
operators, or any other maritime industry entity. The changes include
administrative changes relating to internal agency practices and
procedures. The rule does not have a significant economic impact on any
small entities. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
F. Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
[[Page 47030]]
L. Technical Standards and Incorporation by Reference
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, 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 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 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 rule is categorically excluded under paragraphs L54, L55, and
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-001-01, Rev.
1.\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 rule
revises general rulemaking regulations and also amends 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.
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\1\ https://www.dhs.gov/sites/default/files/publications/DHS_Instruction%20Manual%20023-01-001-01%20Rev%2001_508%20Admin%20Rev.pdf.
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These 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 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.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 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: July 22, 2020.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2020-16334 Filed 8-3-20; 8:45 am]
BILLING CODE 9110-04-P
