[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5567-5570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01294]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2018-0532]
RIN 1625-ZA38


Navigation and Navigable Waters, and Shipping; Technical, 
Organizational, and Conforming Amendments for U.S. Coast Guard Field 
District 1

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing non-substantive technical, 
organizational, and conforming amendments to existing regulations for 
District 1. These changes reflect the current status of the identified 
regulated navigation areas, special local regulations, safety zones and 
security zones within the district. This rule removes safety zones and 
special local regulations where the enforcement period has expired or 
the event is no longer held. This rule also removes special local 
regulations where the

[[Page 5568]]

event no longer meets the criteria for a permitted event and is not 
suitable for coverage under a special local regulation in accordance 
with Coast Guard regulations.

DATES: This rule is effective March 2, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0532 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Craig D. Lapiejko, Coast Guard; telephone (617) 223-8351, 
email Craig.D.Lapiejko@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Comments
II. Abbreviations
III. Basis and Purpose
IV. Discussion of Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

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

II. Background, Purpose, and Legal Basis

    This rulemaking project was identified as part of the Coast Guard's 
Regulatory Reform Task Force Initiative. These First District field 
regulation changes were identified as part of the deregulation 
identification process required by Executive Order 13771 (Reducing 
Regulation and Controlling Regulatory Costs); Executive Order 13777 
(Enforcing the Regulatory Reform Agenda Deregulatory Process) and 
associated guidance issued in 2017. This rule makes technical and 
editorial corrections in Title 33 of the Code of Federal Regulations 
(CFR). Specifically, the rule removes safety zones and special local 
regulations where the enforcement period has expired or the event is no 
longer held. This rule also removes special local regulations where the 
event no longer meets the criteria for a permitted event and is not 
suitable for coverage under a special local regulation in accordance 
with Coast Guard regulations. These changes are necessary to correct 
errors, change addresses, and make other non-substantive changes that 
improve the clarity of the CFR. This rule does not create or change any 
substantive requirements.
    The changes to 33 CFR part 100 are specifically authorized under 46 
U.S.C. 70041(a), which vests with the Commandant of the Coast Guard the 
authority to issue regulations to promote the safety of life on 
navigable waters during regattas or marine parades. The changes to 33 
CFR part 165 are authorized under the general authority of 46 U.S.C. 
70034, granting the Secretary of the Department of Homeland Security 
broad authority to issue, amend, or repeal regulations as necessary to 
implement 46 U.S.C. chapter 700, Ports and Waterways Safety Program. 
The Secretary has delegated rulemaking authority under 46 U.S.C. 70034 
to the Commandant via Department of Homeland Security Delegation No. 
0170.1.\1\
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    \1\ The Coast Guard Authorization Act of 2018, Public Law 115-
282, 132 Stat. 4192 (Dec. 4, 2018) redesignated 33 U.S.C. 1231 as 46 
U.S.C. 70034.
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    The Coast Guard is issuing this rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exist for not publishing a notice of proposed rulemaking with 
respect to this rule because it is unnecessary to do so. All of the 
changes in this final rule involve only minor amendments to existing 
regulations that will not result in a substantive effect on the public.

IV. Discussion of Rule

    The Coast Guard periodically issues technical, organizational, and 
conforming amendments to existing regulations in titles 33 and 46 of 
the CFR These ``technical amendments'' provide the public with more 
accurate and current regulatory information but do not change the 
effect on the public of any Coast Guard regulations.
    This rule amends Sec.  100.114 by deleting an event reference to 
fireworks displays sponsored by the Bayville Crescent Club and moves it 
to its correct location in part 165.
    Also in Sec.  100.150, this rule removes the reference to the New 
York Super Boat Race on the Hudson River. This event has not been held 
since 2013, and there are no future plans for holding the event.
    In part 165, we remove Sec.  165.130, which is a security zone in 
Sandy Hook Bay, NJ, as this area is already regulated by the U.S. Army 
Corps of Engineers at 33 CFR 334.102. Pursuant to Executive Order 
12866, agencies shall avoid duplicative regulations with other 
agencies.
    Also, in Sec.  165.151, which regulates Safety Zones, Fireworks 
Displays, Air Shows and Swim Events in the Captain of the Port Long 
Island Sound Zone, this rule makes several modifications to Table 1: In 
item 5.1, Jones Beach Airshow, the rule removes the time of the event 
and replaces it with the text ``at a time to be determined annually,'' 
because this event is not always held at the same time every year. 
Also, in item 7.24, Village of Ashroken Fireworks, the rule corrects 
the paragraph to read the correct position of 40[deg]45'39.93'' N, 
072[deg]39'49.14'' W (NAD 83), as opposed to the incorrect coordinates 
currently listed. Additionally, this rule adds new item 7.49 concerning 
the Bayville Crescent Club Fireworks that was previously located at 
Sec.  100.114.
    Additionally, in Sec.  165.160 which regulates Safety Zones; 
Fireworks Displays and Swim Events in Coast Guard Captain of the Port 
New York Zone, this rule removes event 1.1 in Table 1, Macy's 4th of 
July Fireworks. This event has not been held at this Hudson River 
location in several years and there are no future plans for holding the 
event in the Hudson River.
    Finally, in Sec.  165.169, the rule removes paragraph (a)(9)(ii), 
as vessels are not authorized within 100 yards of Rodman Neck. In 2004 
the Coast Guard published a final rule establishing permanent safety 
and security zones in portions of the waters around the New York City 
Police Department ammunition depot on Rodman Neck in Eastchester Bay, 
NY (69 FR 2666). The final rule created a 100-yard boundary zone around 
Rodman Neck.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. A summary of our analyses based 
on these statutes or Executive Orders follows.

[[Page 5569]]

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. Because this rule is 
not a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Guidance Implementing Executive Order 13771, titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
    The Coast Guard proposes to revise its regulations to provide 
updates and clarifications to existing regulatory text in title 33 of 
the Code of Federal Regulations (CFR) parts 100 and 165. The revisions 
include the removal of temporary safety zones and special local 
regulations for past events, special local regulations for events no 
longer held and special local regulations for events no longer 
permitted. Normal navigation rules sufficiently cover the safety of 
participants and spectators at events that are no longer suitable for 
coverage under a special local regulation. This rule involves non-
substantive changes and internal agency practices and procedures; it 
will not impose any additional costs on the public. The benefit of the 
non-substantive changes is increased clarity of regulations.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this rule. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100 million (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

H. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, and Commandant Instruction 5090.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f). Our preliminary 
determination is that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble.
    This rule meets the criteria for categorical exclusion (CATEX) 
under paragraphs L54 and L60(b) in Appendix A, Table 1 of DHS Directive 
023-01. CATEX L54 pertains to promulgation of regulations that are 
editorial or procedural; and CATEX L60(b) pertains to regulations for 
establishing, disestablishing, or changing Regulated Navigation Areas 
and safety or security zones, notably for actions that disestablish or 
reduce the size of the area or zone. These regulation changes are 
consistent with the Coast Guard's maritime safety and stewardship 
missions.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

[[Page 5570]]

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons stated in the preamble, the Coast Guard amends 33 
CFR parts 100 and 165 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


Sec.  100.114   [Removed]

0
2. Remove Sec.  100.114


Sec.  100.150   [Removed]

0
3. Remove Sec.  100.150

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


Sec.  165.130   [Removed]

0
5. Remove Sec.  165.130

0
6. In Sec.  165.151, amend Table 1 to Sec.  165.151 as follows:
0
a. In item 5.1, Jones Beach Airshow, remove the text ``from 9:30 a.m. 
until 3:30 p.m. each day'', and add in its place the text ``at a time 
to be determined annually'';
0
b. In item 7.24, Village of Ashroken Fireworks, revise the reference 
``41[deg]55'54.04'' N,073[deg]21'27.97'' W (NAD 83)'' to read 
``40[deg]45'39.93'' N, 072[deg]39'49.14'' W (NAD 83)''; and
0
c. Add an entry for item 7.48 in numerical order.
    The addition reads as follows:


Sec.  165.151   Safety Zones; Fireworks Displays, Air Shows and Swim 
Events in the Captain of the Port Long Island Sound Zone.

* * * * *

                        Table 1 to Sec.   165.151
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                                * * * * *
7.49 Bayville Crescent Club Fireworks.....   Sponsor: Bayville
                                             Crescent Club, Bayville,
                                             NY.
                                             Time: 8 p.m. to 10
                                             p.m.
                                             Location: Cooper
                                             Bluff, Cove Neck, NY.
 
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Sec.  165.160   [Amended]

0
7. In Sec.  165.160, in Table 1 to Sec.  165.60, remove event 1.1, 
Macy's 4th of July Fireworks.


Sec.  165.169   [Amended]

0
7. In Sec.  165.169, remove paragraph (a)(9)(ii) and redesignate 
paragraph (a)(9)(iii) as paragraph (a)(9)(ii).

    Dated: January 8, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-01294 Filed 1-30-20; 8:45 am]
BILLING CODE 9110-04-P


