
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7285-7288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2018-0231]
RIN 1625-AA00, 1625-AA08, 1625-AA11, 1625-AA87


Removal of Regulated Navigation Areas, Safety Zones, Security 
Zones, and Special Local Regulations Within District 7

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is updating District 7 regulations to reflect 
the current status of identified regulated navigation areas, special 
local regulations, safety zones, and security zones within the 
District. This rule removes safety zones and special local regulations 
for rules where the enforcement period has expired or where the event 
is no longer held. This rule also removes special local regulations 
where the event no longer meets the criteria for a permitted event and 
is not suitable for coverage under a special local regulation in 
accordance with Coast Guard regulations.

DATES: This rule is effective April 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0231 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 Paul Lehmann, District Seven Prevention Division, U.S. 
Coast Guard; telephone 301-415-6796, email Paul.D.Lehmann@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CATEX Criteria for Categorical Exclusion
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This rulemaking project was identified as part of the Coast Guard's 
Regulatory Reform Task Force initiative. These District 7 field 
regulation changes were identified as part of the deregulation 
identification process required by Executive Order 13771 (Reducing 
Regulation and Controlling Regulatory Costs), Executive Order 13777 
(Enforcing the Regulatory Reform Agenda Deregulatory Process), and 
associated guidance issued in 2017. This rule provides updates and 
clarifications to existing regulatory text in title 33 of the Code of 
Federal Regulations (CFR) parts 100 and 165.
    This rule removes safety zones and special local regulations for 
regulations where the enforcement period has expired or where the event 
is no longer held. This rule also removes special local regulations 
where the event no longer meets the criteria for a permitted event and 
is not suitable for coverage under a special local regulation in 
accordance with 33 CFR 100.35. District 7 has determined that normal 
navigation rules cover the safety of participants and spectators at 
these events adequately. If a change in circumstance indicates that 
additional safety measures are necessary, the Coast Guard might choose 
to promulgate new regulations for safety zones at these events at that 
time.
    The changes to 33 CFR part 100 are specifically authorized under 33 
U.S.C. 1233, which vests the Commandant of the Coast Guard with 
authority to issue regulations to promote the safety of life on 
navigable waters during regattas or marine parades. The changes to 33 
CFR part 165 are authorized under the general authority of 22 U.S.C. 
1231, which grants the Secretary of the Department of Homeland Security 
broad authority to issue, amend, or repeal regulations necessary to 
implement 33 U.S.C. chapter 25, Ports and Waterways Safety Program. The 
Secretary has delegated rulemaking authority under 33 U.S.C. 1231 to 
the Commandant via Department of Homeland Security Delegation No. 
0170.1.
    The Coast Guard is issuing this rule without prior notice and 
opportunity to

[[Page 7286]]

comment pursuant to authority under section 4(a) of the Administrative 
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an 
agency to issue a rule without prior notice and opportunity to comment 
when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists 
for not publishing a notice of proposed rulemaking with respect to this 
rule because it is unnecessary to do so. All of the changes in this 
final rule involve only minor amendments to existing regulations that 
will not result in a substantive effect on the public.

III. Discussion of Rule

A. Removal of Temporary Regulations for Past Events

(1) Temporary Special Local Regulations
    This rule removes the temporary special local regulations 33 CFR 
100.T07-0110, 100.T07-0192, and 100.35T07-0297. As discussed in the 
preamble for each of the associated Federal Register documents 
implementing these temporary regulations and the corresponding 
regulatory text, these regulations were meant to be of limited 
duration. They remain in the CFR at this time because of drafting 
errors in the DATES section of each of the implementing final rules. 
``Special Local Regulation; Low Country Splash, Wando River, Cooper 
River, and Charleston Harbor, Charleston, SC,'' 33 CFR 100.T07-0110, 
was meant to expire on May 24, 2014, at 9 a.m. at the conclusion of the 
2014 Low Country Splash. ``Special Local Regulations; Beaufort Water 
Festival, Beaufort, SC,'' 33 CFR 100.T07-0192, was meant to expire on 
July 26, 2015, at 4 p.m. at the conclusion of the 2015 Beaufort Water 
Festival. ``Special Local Regulation, 50 Aniversario Balneario de 
Boqueron, Bahia de Boqueron; Boqueron, PR,'' 33 CFR 100.35T07-0297 was 
meant to expire on May 5, 2013, at 4 p.m. at the conclusion of the 50 
Aniversario Balneario de Boqueron.
(2) Temporary Safety Zones
    This rule removes the temporary safety zone regulations 33 CFR 
165.T07-0040, 165.T07-0161, 165.T07-0320 and 165.T07-0347. As discussed 
in the preamble for each of the accompanying Federal Register documents 
implementing these regulations and the corresponding regulatory text, 
these regulations were meant to be of limited duration. They remain in 
the CFR at this time because of drafting errors in the DATES section of 
each of the implementing final rules. ``Safety Zone; Cooper River 
Bridge Run, Charleston, SC,'' 33 CFR 165.T07-0040, was meant to expire 
on March 28, 2015, at 10:30 a.m., at the conclusion of the 2015 Cooper 
River Bridge Run. ``Safety Zone; Xterra Swim, Myrtle Beach, SC,'' 33 
CFR 165.T07-0161, was mean to expire on May 4, 2014, at 8:15 a.m., at 
the conclusion of the 2014 Xterra Swim. ``Safety Zone; Fourth of July 
Fireworks North Myrtle Beach, SC,'' 33 CFR 165.T07-0320, was meant to 
expire on July 4, 2016, at 10:00 p.m., at the conclusion of the 
fireworks show. ``Safety Zone; Fourth of July Fireworks Murrells Inlet, 
SC,'' 33 CFR 165.T07-0347, was meant to expire on July 4, 2016, at 10 
p.m.
    None of these regulations--temporary special local regulations or 
temporary safety zones--have been enforced past the intended expiration 
period.

B. Removal of Special Local Regulations for Events No Longer Held

    This rule removes certain entries in the list of recurring special 
local regulations in Captain of the Port (COTP) Zones Miami and Key 
West found in the table to 33 CFR 100.701. The Coast Guard has looked 
into each of these events and has found no evidence to indicate that 
these events are still being held. The entries being removed from this 
list for COTP Miami are Rotary Club of Fort Lauderdale New River Raft 
Race, Red Bull Candola, West Palm Beach Triathlon, and West Palm Beach 
World Championship. The entries being removed from this list for COTP 
Key West are The Bogey, The Bacal, and Miami to Key Largo Sailboat 
Race.

C. Removal of Special Local Regulations for Events No Longer Permitted

    This rule removes special local regulations in COTP Zone Key West 
where the events in question no longer meet the criteria for permitted 
events and, therefore, are not suitable for coverage under a special 
local regulation in accordance with 33 CFR 100.35. District 7 has 
determined that the safety of participants and spectators at these 
events can be adequately covered by the normal navigational rules. If a 
change in circumstances indicates that additional safety measures are 
necessary, the Coast Guard might decide at that time to promulgate 
regulations for safety zones for these events. The entries being 
removed from this list for COTP Key West in the table to 33 CFR 100.701 
are Blessing of the Fleet, Wreckers Cup Races, Boot Key Harbor 
Christmas Boat Parade, Key Colony Beach Holiday Boat Parade, Key Largo 
Boat Parade, and Key West Lighted Boat Parade.

D. 33 CFR 165.778

    The Coast Guard is removing paragraph (d) from 33 CFR 165.778 
regarding the effective period of the security zone for the Port of 
Mayaguez. Paragraph (d) states the section had an effective period that 
ended April 29, 2009. Paragraph (d) conflicts with the effective 
information stated in the DATES section of the issuing final rule (74 
FR 14046, March 30, 2009). This rule has continuing effect and did not 
cease being in effect after April 29, 2009.

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 13563 (Improving Regulation and Regulatory Review) 
and 12866 (Regulatory Planning and Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. OMB 
considers this rule to be an Executive Order 13771 deregulatory action. 
See the OMB Memorandum titled ``Guidance Implementing Executive Order 
13771, titled `Reducing Regulation and Controlling Regulatory Costs''' 
(April 5, 2017).
    The Coast Guard is revising its regulations to provide updates and 
clarifications to existing regulatory text in title 33 of the Code of 
Federal Regulations (CFR) parts 100 and 165.

[[Page 7287]]

The revisions include the removal of temporary safety zones and special 
local regulations for past events, special local regulations for events 
no longer held and special local regulations for events no longer 
permitted. Normal navigation rules sufficiently cover the safety of 
participants and spectators at events that are no longer suitable for 
coverage under a special local regulation. This rule involves non-
substantive changes and internal agency practices and procedures; it 
will not impose any additional costs on the public or the government. 
The qualitative benefit of the non-substantive changes is increased 
clarity of regulations. The increased clarity of the CFR is created by 
the removal of expired enforcement periods and the removal of events 
that are no longer held.

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. This rule will not impose any impacts on any entities. This 
means that there will be no economic impacts on any 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 want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule.
    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.

D. Collection of Information

    This rule does not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This rule 
does not change any of the burdens in the collections currently 
approved by OMB.

E. Federalism and Indian Tribal Government

    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 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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

G. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, and Commandant Instruction M16475.lD 
(COMDTINST M16475.1D), which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f). 
Our determination is that this action is one of a category of actions 
that do not individually or cumulatively have a significant effect on 
the human environment. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble.
    This rule meets the criteria for categorical exclusion (CATEX) 
under paragraphs L54, L60, and L61 in Appendix A of DHS Directive 023-
01. CATEX L54 pertains to promulgation of regulations that are 
editorial or procedural; CATEX L60 pertains to regulations for 
establishing, disestablishing, or changing Regulated Navigation Areas 
and security or safety zones; and CATEX L61 pertains to special local 
regulations issued in conjunction with a regatta or marine parade. This 
rule amends the Coast Guard District 7 field regulations by 
incorporating updates and clarifications to existing regulatory text in 
title 33 CFR parts 100 and 165. These changes generally pertain to 
removing certain obsolete special event regulations or clarifying the 
intended effective period of the security zone for the Port of Mayaguez 
(33 CFR 165.778).
    The Coast Guard's Regulatory Reform Task Force Initiative 
identified these regulation changes, which 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 stated in the preamble, the Coast Guard amends 33 
CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.


Sec.  100.T07-0110  [Removed]

0
2. Remove Sec.  100.T07-0110


Sec.  100.T07-0192  [Removed]

0
3. Remove Sec.  100.T07-0192

[[Page 7288]]

Sec.  100.35T07-0297  [Removed]

0
4. Remove Sec.  100.35T07-0297


Sec.  100.701  [Amended]

0
5. In Sec.  100.701, amend the table to Sec.  100.701 as follows:
0
a. Add the heading ``(a) COTP Zone Miami; Special Local Regulations'' 
before entry 1 at the top of the table.
0
b. Remove entries (a)1, 4, 6, and 9.
0
c. Redesignate entries (a)2, 3, 5, 7, 8, and 10 through 15 as entries 
(a)1 through 11.
0
d. Remove entries (c)1, 2, 4, 5, 6, 10, 11, 12, and 13.
0
e. Redesignate entries (c)3, 7, 8, and 9 as entries (c)1 through 4.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.T07-0040  [Removed]

0
7. Remove Sec.  165.T07-0040.


Sec.  165.T07-0161  [Removed]

0
8. Remove Sec.  165.T07-0161.


Sec.  165.T07-0320  [Removed]

0
9. Remove Sec.  165.T07-0320.


Sec.  165.T07-0347  [Removed]

0
10. Remove Sec.  165.T07-0347.


Sec.  165.778  [Amended]

0
11. Amend Sec.  165.778 by removing paragraph (d).

    Dated: February 27, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-03844 Filed 3-1-19; 8:45 a.m.]
BILLING CODE 9110-04-P


