Regulated Navigation Area; Sparkman Channel, Tampa, FL, 7810-7811 [2021-02103]

Download as PDF 7810 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations § 1010.821 Penalty adjustment and table [Corrected]. after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. Administrative practice and procedure, Civil penalties, Coal, Geothermal, Inflation, Mineral resources, Natural gas, Notices of noncompliance, Oil. Kimbra G. Davis, Director for Office of Natural Resources Revenue. Editorial note: This document was received for publication by the Office of the Federal Register on January 19, 2021. Authority and Issuance BILLING CODE 1301–00–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Number USCG–2020–0556] RIN 1625–AA11 Regulated Navigation Area; Sparkman Channel, Tampa, FL PART 1241—PENALTIES 1. The authority citation for part 1241 continues to read as follows: ■ Authority: 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 1331 et seq., 1801 et seq. [Amended] 2. Amend § 1241.52 by: a. In paragraph (a)(2), removing ‘‘$1,273’’ and adding in its place ‘‘$1,288’’. ■ b. In paragraph (b) introductory text, removing ‘‘$12,740’’ and adding in its place ‘‘$12,891’’. ■ ■ § 1241.60 [FR Doc. C1–2021–01919 Filed 2–1–21; 8:45 am] 33 CFR Part 165 For the reasons discussed in the preamble, ONRR amends 30 CFR part 1241 as set forth below: § 1241.52 On page 7349, in the table titled ‘‘Table 1’’, in the fourth column, the entry ‘‘[INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]’’ should read ‘‘January 28, 2021’’. ■ List of Subjects in 30 CFR Part 1241 [Amended] 3. Amend § 1241.60 by: a. In paragraph (b)(1) introductory text, removing ‘‘$25,479’’ and adding in its place ‘‘$25,780’’. ■ b. In paragraph (b)(2), removing ‘‘$63,699’’ and adding in its place ‘‘$64,452’’. ■ ■ [FR Doc. 2021–01502 Filed 2–1–21; 8:45 am] BILLING CODE 4335–30–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is removing an existing regulated navigation area in Sparkman Channel, located in Tampa, FL. The regulated navigation area is no longer needed to protect vessels navigating in the area. This action removes the existing regulations related to restricting vessel draft in the channel due to an underwater pipeline that is no longer a navigational concern. DATES: This rule is effective March 4, 2021. III. Legal Authority and Need for Rule To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0556 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Clark Sanford, Sector St. Petersburg, Coast Guard; telephone (813) 228–2191 x8105, email Clark.W.Sanford@uscg.mil. SUPPLEMENTARY INFORMATION: IV. Discussion of Comments, Changes, and the Rule ADDRESSES: I. Table of Abbreviations 31 CFR Part 1010 jbell on DSKJLSW7X2PROD with RULES Financial Crimes Enforcement Network; Inflation Adjustment of Civil Monetary Penalties Correction In Rule document 2021–01919, appearing on pages 7348–7349, in the issue of Thursday, January 28, 2021, make the following correction: VerDate Sep<11>2014 18:21 Feb 01, 2021 Jkt 253001 in Sparkman Channel. The regulated navigation area is described in 33 CFR 165.752. The regulated navigation area was created to restrict navigation in the area to vessels with a draft of less than 34.5 feet. A recent survey places the sewer line at or below the permitted depth of 42 feet. The navigation hazard is properly marked on the water surface as well as on navigation charts. With the advancement in technologies and mechanical innovations coupled with the expertise of the pilots that guide vessels in and around Port Tampa Bay, the current restricted navigation area along Sparkman Channel has become outdated. In response, on November 27, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, ‘‘Regulated Navigation Area; Sparkman Channel, Tampa, FL’’ (85 FR 75996). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended December 28, 2020, we received three comments. CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On January 25, 1991, the Coast Guard established a regulated navigation area PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Commander, Seventh Coast Guard District has determined the current restricted navigation area along Sparkman Channel has become outdated and is no longer needed for Sparkman Channel. The purpose of this rule is to remove unnecessary restrictions to navigation in Sparkman Channel in Tampa, FL. The Coast Guard received three submissions from private citizens in response to the proposed rule. One commenter endorsed the Coast Guard’s proposal. The other two comments were not relevant to the scope of this rulemaking. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule removes the existing regulated navigation area established in 33 CFR 165.752. This regulation placed restrictions on vessel navigation in Sparkman Channel in Tampa, Florida based on vessel drafts. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. E:\FR\FM\02FER1.SGM 02FER1 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Rules and Regulations A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the rule not adding any new navigational restrictions, rather the rule will remove existing navigational restrictions to Sparkman Channel. jbell on DSKJLSW7X2PROD with RULES B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. 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. While some owners or operators of vessels intending to transit Sparkman Channel may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 VerDate Sep<11>2014 15:58 Feb 01, 2021 Jkt 253001 and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 7811 Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves removing existing regulations established in 33 CFR 165.752. It is categorically excluded from further review under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Memorandum for Record supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 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 part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034; 33 CFR 1.01– 1, 6.04–1, and 160.5; Department of Homeland Security Delegation No. 01070.1 § 165.752 ■ [Removed] 2. Remove § 165.752 Dated: January 21, 2021. Eric C. Jones, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2021–02103 Filed 2–1–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 36 and 42 RIN 2900–AR08 Federal Civil Penalties Inflation Adjustment Act Amendments AGENCY: E:\FR\FM\02FER1.SGM Department of Veterans Affairs. 02FER1

Agencies

[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Rules and Regulations]
[Pages 7810-7811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02103]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0556]
RIN 1625-AA11


Regulated Navigation Area; Sparkman Channel, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing an existing regulated navigation 
area in Sparkman Channel, located in Tampa, FL. The regulated 
navigation area is no longer needed to protect vessels navigating in 
the area. This action removes the existing regulations related to 
restricting vessel draft in the channel due to an underwater pipeline 
that is no longer a navigational concern.

DATES: This rule is effective March 4, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0556 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Clark Sanford, Sector St. Petersburg, Coast 
Guard; telephone (813) 228-2191 x8105, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 25, 1991, the Coast Guard established a regulated 
navigation area in Sparkman Channel. The regulated navigation area is 
described in 33 CFR 165.752. The regulated navigation area was created 
to restrict navigation in the area to vessels with a draft of less than 
34.5 feet. A recent survey places the sewer line at or below the 
permitted depth of 42 feet. The navigation hazard is properly marked on 
the water surface as well as on navigation charts. With the advancement 
in technologies and mechanical innovations coupled with the expertise 
of the pilots that guide vessels in and around Port Tampa Bay, the 
current restricted navigation area along Sparkman Channel has become 
outdated. In response, on November 27, 2020, the Coast Guard published 
a notice of proposed rulemaking (NPRM) titled, ``Regulated Navigation 
Area; Sparkman Channel, Tampa, FL'' (85 FR 75996). There we stated why 
we issued the NPRM, and invited comments on our proposed regulatory 
action related to this fireworks display. During the comment period 
that ended December 28, 2020, we received three comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Commander, Seventh Coast Guard District has determined the 
current restricted navigation area along Sparkman Channel has become 
outdated and is no longer needed for Sparkman Channel. The purpose of 
this rule is to remove unnecessary restrictions to navigation in 
Sparkman Channel in Tampa, FL.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard received three submissions from private citizens in 
response to the proposed rule. One commenter endorsed the Coast Guard's 
proposal. The other two comments were not relevant to the scope of this 
rulemaking. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule removes the existing regulated navigation area 
established in 33 CFR 165.752. This regulation placed restrictions on 
vessel navigation in Sparkman Channel in Tampa, Florida based on vessel 
drafts.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

[[Page 7811]]

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the rule not 
adding any new navigational restrictions, rather the rule will remove 
existing navigational restrictions to Sparkman Channel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit 
Sparkman Channel may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
removing existing regulations established in 33 CFR 165.752. It is 
categorically excluded from further review under paragraph L60(b) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Memorandum for Record supporting this determination is available in the 
docket. For instructions on locating the docket, see the ADDRESSES 
section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034; 33 CFR 1.01-1, 6.04-1, and 160.5; 
Department of Homeland Security Delegation No. 01070.1


Sec.  165.752   [Removed]

0
2. Remove Sec.  165.752

    Dated: January 21, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2021-02103 Filed 2-1-21; 8:45 am]
BILLING CODE 9110-04-P