80_FR_50356 80 FR 50196 - Special Local Regulations; Eighth Coast Guard District Annual and Recurring Marine Events Update

80 FR 50196 - Special Local Regulations; Eighth Coast Guard District Annual and Recurring Marine Events Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50196-50198
FR Document2015-20407

The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Eighth Coast Guard District area of responsibility (AOR). This final rule informs the public of regularly scheduled marine parades, regattas, and other recurring events that require additional safety measures through establishing a special local regulation. Through this final rule, the list of recurring marine events requiring special local regulation is updated with revisions, additional events, and removal of events that no longer take place in the Eighth Coast Guard District AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. Additionally, this one rulemaking project reduces administrative costs involved in producing a separate rule for each individual recurring event, and serves to provide notice of the known recurring events requiring a special local regulation throughout the year.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50196-50198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20407]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2013-1061; 1625-AA08]


Special Local Regulations; Eighth Coast Guard District Annual and 
Recurring Marine Events Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and updating its special local 
regulations relating to recurring marine parades, regattas, and other 
events that take place in the Eighth Coast Guard District area of 
responsibility (AOR). This final rule informs the public of regularly 
scheduled marine parades, regattas, and other recurring events that 
require additional safety measures through establishing a special local 
regulation. Through this final rule, the list of recurring marine 
events requiring special local regulation is updated with revisions, 
additional events, and removal of events that no longer take place in 
the Eighth Coast Guard District AOR. When these special local 
regulations are enforced, certain restrictions are placed on marine 
traffic

[[Page 50197]]

in specified areas. Additionally, this one rulemaking project reduces 
administrative costs involved in producing a separate rule for each 
individual recurring event, and serves to provide notice of the known 
recurring events requiring a special local regulation throughout the 
year.

DATES: Effective September 18, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number [USCG-2013-1061]. To view documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Open Docket Folder'' on the line associated with this 
rulemaking. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Shelley R. Miller, Eighth Coast Guard District Waterways 
Management Division, (504) 671-2139 or email, 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

AOR Area of Responsibility
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard preceded this final rule with an interim final rule 
with request for comments. The interim rule was published in the 
Federal Register on April 22, 2014 (79 FR 22381). The interim rule 
established separate tables for each of the Sectors operating within 
the Coast Guard's Eighth District, and updated the list of recurring 
marine events and special local regulations under 33 CFR part 100. 
Although no adverse comments were received, some comments to further 
update the recurring list were received. Because the interim rule and 
now this final rule establish separate tables for each Sector within 
the Eighth District, further updates will now be made by each Sector 
individually, impacting only their table of marine events and special 
local regulations.
    The list of annual and recurring marine events and special local 
regulations occurring in the Eighth Coast Guard District Area of 
Responsibility (AOR) is published under 33 CFR 100.801. That list was 
last updated through a direct final rule with request for comments on 
March 1, 2012 (77 FR 12456) and further amended on May 16, 2012 (77 FR 
28766). These actions generated no adverse comments. Like today's final 
rule and its preceding interim rule, the 2012 final rules updated, 
added to, removed from, and amended 33 CFR 100.801 to create a 
comprehensive list of recurring marine events requiring special local 
regulations.

B. Basis and Purpose

    The legal basis for the rule is found in 33 U.S.C. 1233, which 
authorizes the Coast Guard to permit marine events and establish 
special local regulations related to those marine events.
    The Coast Guard is amending and updating the special local 
regulations under 33 CFR part 100 to incorporate the numerous annual 
marine events held on or around navigable waters within the Eighth 
Coast Guard District. These events include marine parades, boat races, 
swim events, and other marine related events. Currently, there is a 
list of events located at 33 CFR Sec.  100.801, establishing a special 
local regulation for each annual or recurring marine event in the 
Eighth Coast Guard District's AOR. That list must be amended in order 
to: Provide new information on existing events; include 42 new events 
expected to recur annually or biannually; and remove 16 special local 
regulations that are no longer required. Issuing individual rulemakings 
for each new event, amendment, or removal of an event, would create 
unnecessary administrative costs and burdens. This rule considerably 
reduces administrative overhead and provides the public with notice 
through publication in the Federal Register of the upcoming recurring 
marine events and their accompanying special local regulations.

C. Discussion of Comments, Changes and the Final Rule

    No adverse comments were received in response to the April 22, 2014 
interim final rule. Some comments regarding further updates to the 
recurring list were received. Because the interim rule and now this 
final rule establish separate tables for each Sector within the Eighth 
District, further updates will now be made by each Sector individually, 
impacting only their table of recurring marine events requiring special 
local regulations. Accordingly, this final rule makes no changes to the 
regulations in the interim rule.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    The marine parades, regattas, and other marine events listed in 
this rule will restrict vessel traffic in certain areas of Eighth Coast 
Guard District waters at specified times; however, the effect of this 
regulation will not be significant because these events are short in 
duration and the special local regulations restricting and governing 
vessel movements are also limited in scope and short in duration. 
Additionally, the public is given advance notification through local 
forms of notice, the Federal Register, and/or Notices of Enforcement 
and thus will be able to plan operations around the events in advance. 
Deviations from each special local regulation may be requested through 
the COTP and each request will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of

[[Page 50198]]

vessels intending to transit the regulated areas during the marine 
events and periods of enforcement. The special local regulations will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. These regulations are limited in 
scope and will be in effect for short periods of times. Before each 
enforcement period, the Coast Guard COTP will issue maritime advisories 
widely available to waterway users. Deviations from each special local 
regulation may be requested through the COTP and each request will be 
considered on a case-by-case basis.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.

7. 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.

8. 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.

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 is categorically excluded from further review 
under section 2.B.2. figure 2-1, paragraph 34(h) of the Commandant 
Instruction because it involves the establishment of special local 
regulations related to marine event permits for marine parades, 
regattas, and other marine events. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
where indicated under the ADDRESSES.

List of Subjects in 33 CFR Part 100

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
Accordingly, the interim rule amending 33 CFR part 100 that published 
at 79 FR 22381 on April 22, 2014, is adopted as a final rule without 
change.

    Dated: June 27, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eight Coast Guard District.
[FR Doc. 2015-20407 Filed 8-18-15; 8:45 am]
BILLING CODE 9110-04-P



                                             50196            Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

                                             distribution of the number of renewals                  application of Executive Orders 12372                 accreditation does not exceed five years,
                                             an accrediting entity must review in a                  and No. 13132.                                        as long as the agency or person remains
                                             given year.                                                                                                   in substantial compliance with the
                                                                                                     Executive Order 12988: Civil Justice
                                                                                                                                                           applicable standards in subpart F of this
                                             Administrative Procedure Act                            Reform
                                                                                                                                                           part. The only agencies and persons that
                                               The Department published this rule as                    The Department has reviewed the rule               may qualify for an extension are: Those
                                             a notice of proposed rulemaking on June                 in light of Executive Order No. 12988 to              that have no pending Complaint
                                             10, 2015, with a 30-day period for                      eliminate ambiguity, minimize                         Registry investigations or adverse
                                             public comments. See 80 FR 32869. The                   litigation, establish clear legal                     actions (see § 96.70); and those that have
                                             Department received no comments on                      standards, and reduce burden.                         not undergone a change in corporate or
                                             the rulemaking.                                                                                               internal structure (such as a merger or
                                                                                                     Executive Order 13563: Improving
                                             Regulatory Flexibility Act/Executive                    Regulation and Regulatory Review                      change in chief executive or financial
                                             Order 13272: Small Business                                                                                   officer) during their current
                                                                                                        The Department has considered this                 accreditation or approval period. For
                                               Consistent with section 605(b) of the                 rule in light of Executive Order 13563,               agencies and persons that meet these
                                             Regulatory Flexibility Act (5 U.S.C.                    dated January 18, 2011, and affirms that              two criteria, the Secretary, in his or her
                                             605(b)), the Department certifies that                  it is consistent with the guidance                    discretion, may consider additional
                                             this rule does not have a significant                   therein.                                              factors in deciding upon an extension
                                             economic impact on a substantial                                                                              including, but not limited to, the
                                             number of small entities. For the small                 Paperwork Reduction Act
                                                                                                                                                           agency’s or person’s volume of
                                             business entities affected by the                         This rule does not impose or revise                 intercountry adoption cases in the year
                                             amended rule, the cost is neutral                       information collection requirements                   preceding the application for renewal or
                                             because it does not change the cost per                 subject to the provisions of the                      extension, the agency’s or person’s state
                                             year of accreditation or renewal, but                   Paperwork Reduction Act, 44 U.S.C.                    licensure record, and the number of
                                             only potentially the year in which                      Chapter 35.                                           extensions available.
                                             renewal takes place.
                                                                                                     List of Subjects in 22 CFR Part 96                      Dated: August 11, 2015.
                                             Unfunded Mandates Reform Act of                           Adoption, Child welfare, Children,                  Michele Thoren Bond,
                                             1995                                                    Immigration, Foreign persons.                         Assistant Secretary for Consular Affairs, U.S.
                                               This rulemaking is not affected by the                  For the reasons stated in the                       Department of State.
                                             provisions of section 202 of the                        preamble, the Department of State                     [FR Doc. 2015–20402 Filed 8–18–15; 8:45 am]
                                             Unfunded Mandates Reform Act of 1995                    amends 22 CFR part 96 as follows:                     BILLING CODE 4710–06–P
                                             (codified at 2 U.S.C. 1532).
                                                                                                     PART 96—INTERCOUNTRY ADOPTION
                                             Small Business Regulatory Enforcement
                                                                                                     ACCREDITATION OF AGENCIES AND                         DEPARTMENT OF HOMELAND
                                             Fairness Act of 1996
                                                                                                     APPROVAL OF PERSONS                                   SECURITY
                                               This rule is not a major rule as
                                             defined by 5 U.S.C. 804, for purposes of                ■ 1. The authority citation for part 96               Coast Guard
                                             congressional review of agency                          continues to read as follows:
                                             rulemaking under the Small Business                       Authority: The Convention on Protection             33 CFR Part 100
                                             Regulatory Enforcement Fairness Act of                  of Children and Co-operation in Respect of            [Docket No. USCG–2013–1061; 1625–AA08]
                                             1996 (Pub. L. 104–121).                                 Intercountry Adoption (done at the Hague,
                                                                                                     May 29, 1993), S. Treaty Doc. 105–51 (1998),          Special Local Regulations; Eighth
                                             Executive Order 12866                                   1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
                                                                                                                                                           Coast Guard District Annual and
                                               The Department of State has reviewed                  The Intercountry Adoption Act of 2000, 42
                                                                                                     U.S.C. 14901–14954; The Intercountry                  Recurring Marine Events Update
                                             this rule to ensure its consistency with
                                             the regulatory philosophy and                           Adoption Universal Accreditation Act of               AGENCY:    Coast Guard, DHS.
                                                                                                     2012, Pub. L. 112–276, 42 U.S.C. 14925.
                                             principles set forth in Executive Order                                                                       ACTION:   Final rule.
                                             12866 and has determined that the                       ■   2. Revise § 96.60 to read as follows:
                                             benefits of this final regulation justify its                                                                 SUMMARY:    The Coast Guard is amending
                                             costs. The Department does not consider                 § 96.60 Length of accreditation or approval           and updating its special local
                                             this rulemaking to be an economically                   period.                                               regulations relating to recurring marine
                                             significant action under the Executive                     (a) The accrediting entity will accredit           parades, regattas, and other events that
                                             Order. The rule does not add any new                    or approve an agency or person for a                  take place in the Eighth Coast Guard
                                             legal requirements to Part 96; it merely                period of four years, except as provided              District area of responsibility (AOR).
                                             adds administrative flexibility to the                  in paragraph (b) of this section. The                 This final rule informs the public of
                                             work of the Department-designated                       accreditation or approval period will                 regularly scheduled marine parades,
                                             accrediting entity.                                     commence on the date that the agency                  regattas, and other recurring events that
                                                                                                     or person is granted accreditation or                 require additional safety measures
                                             Executive Orders 12372 and 13132:                       approval.                                             through establishing a special local
                                             Federalism                                                 (b) In order to stagger the renewal                regulation. Through this final rule, the
                                               This rule does not have a substantial                 requests from agencies and persons                    list of recurring marine events requiring
                                             direct effect on the States, on the                     applying for accreditation or approval                special local regulation is updated with
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                                             relationship between the national                       and to prevent the renewal requests                   revisions, additional events, and
                                             government and the States, or the                       from coming due at the same time, the                 removal of events that no longer take
                                             distribution of power and                               accrediting entity may extend the period              place in the Eighth Coast Guard District
                                             responsibilities among the various                      of accreditation it has previously                    AOR. When these special local
                                             levels of government. Nor does it have                  granted for no more than one year and                 regulations are enforced, certain
                                             federalism implications warranting the                  such that the total period of                         restrictions are placed on marine traffic


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                                                              Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations                                         50197

                                             in specified areas. Additionally, this one                The list of annual and recurring                    their table of recurring marine events
                                             rulemaking project reduces                              marine events and special local                       requiring special local regulations.
                                             administrative costs involved in                        regulations occurring in the Eighth                   Accordingly, this final rule makes no
                                             producing a separate rule for each                      Coast Guard District Area of                          changes to the regulations in the interim
                                             individual recurring event, and serves to               Responsibility (AOR) is published                     rule.
                                             provide notice of the known recurring                   under 33 CFR 100.801. That list was last
                                                                                                                                                           D. Regulatory Analyses
                                             events requiring a special local                        updated through a direct final rule with
                                             regulation throughout the year.                         request for comments on March 1, 2012                   We developed this rule after
                                             DATES: Effective September 18, 2015.                    (77 FR 12456) and further amended on                  considering numerous statutes and
                                             ADDRESSES: Documents mentioned in                       May 16, 2012 (77 FR 28766). These                     executive orders related to rulemaking.
                                             this preamble are part of Docket Number                 actions generated no adverse comments.                Below we summarize our analyses
                                             [USCG–2013–1061]. To view documents                     Like today’s final rule and its preceding             based on a number of these statutes or
                                             mentioned in this preamble as being                     interim rule, the 2012 final rules                    executive orders.
                                             available in the docket, go to http://                  updated, added to, removed from, and                  1. Regulatory Planning and Review
                                             www.regulations.gov, type the docket                    amended 33 CFR 100.801 to create a
                                                                                                     comprehensive list of recurring marine                   This rule is not a significant
                                             number in the ‘‘SEARCH’’ box and click                                                                        regulatory action under section 3(f) of
                                             ‘‘SEARCH.’’ Click on ‘‘Open Docket                      events requiring special local
                                                                                                     regulations.                                          Executive Order 12866, Regulatory
                                             Folder’’ on the line associated with this
                                                                                                                                                           Planning and Review, as supplemented
                                             rulemaking. You may also visit the                      B. Basis and Purpose                                  by Executive Order 13563, Improving
                                             Docket Management Facility in Room
                                                                                                        The legal basis for the rule is found              Regulation and Regulatory Review, and
                                             W12–140 on the ground floor of the
                                                                                                     in 33 U.S.C. 1233, which authorizes the               does not require an assessment of
                                             Department of Transportation West
                                                                                                     Coast Guard to permit marine events                   potential costs and benefits under
                                             Building, 1200 New Jersey Avenue SE.,
                                                                                                     and establish special local regulations               section 6(a)(3) of Executive Order 12866
                                             Washington, DC 20590, between 9 a.m.
                                                                                                     related to those marine events.                       or under section 1 of Executive Order
                                             and 5 p.m., Monday through Friday,
                                                                                                        The Coast Guard is amending and                    13563. The Office of Management and
                                             except Federal holidays.
                                                                                                     updating the special local regulations                Budget has not reviewed it under those
                                             FOR FURTHER INFORMATION CONTACT: If                     under 33 CFR part 100 to incorporate                  Orders.
                                             you have questions on this rule, call or                the numerous annual marine events                        The marine parades, regattas, and
                                             email Shelley R. Miller, Eighth Coast                   held on or around navigable waters                    other marine events listed in this rule
                                             Guard District Waterways Management                     within the Eighth Coast Guard District.               will restrict vessel traffic in certain areas
                                             Division, (504) 671–2139 or email,                      These events include marine parades,                  of Eighth Coast Guard District waters at
                                             Shelley.R.Miller@uscg.mil. If you have                  boat races, swim events, and other                    specified times; however, the effect of
                                             questions on viewing the docket, call                   marine related events. Currently, there               this regulation will not be significant
                                             Cheryl Collins, Program Manager,                        is a list of events located at 33 CFR                 because these events are short in
                                             Docket Operations, telephone 202–366–                   § 100.801, establishing a special local               duration and the special local
                                             9826.                                                   regulation for each annual or recurring               regulations restricting and governing
                                             SUPPLEMENTARY INFORMATION:                              marine event in the Eighth Coast Guard                vessel movements are also limited in
                                             Table of Acronyms                                       District’s AOR. That list must be                     scope and short in duration.
                                                                                                     amended in order to: Provide new                      Additionally, the public is given
                                             AOR Area of Responsibility                              information on existing events; include               advance notification through local forms
                                             BNM Broadcast Notice to Mariners                        42 new events expected to recur
                                             COTP Captain of the Port
                                                                                                                                                           of notice, the Federal Register, and/or
                                             DHS Department of Homeland Security                     annually or biannually; and remove 16                 Notices of Enforcement and thus will be
                                             FR Federal Register                                     special local regulations that are no                 able to plan operations around the
                                             LNM Local Notice to Mariners                            longer required. Issuing individual                   events in advance. Deviations from each
                                             NPRM Notice of Proposed Rulemaking                      rulemakings for each new event,                       special local regulation may be
                                                                                                     amendment, or removal of an event,                    requested through the COTP and each
                                             A. Regulatory History and Information
                                                                                                     would create unnecessary                              request will be considered on a case-by-
                                               The Coast Guard preceded this final                   administrative costs and burdens. This                case basis.
                                             rule with an interim final rule with                    rule considerably reduces
                                             request for comments. The interim rule                  administrative overhead and provides                  2. Impact on Small Entities
                                             was published in the Federal Register                   the public with notice through                           The Regulatory Flexibility Act of 1980
                                             on April 22, 2014 (79 FR 22381). The                    publication in the Federal Register of                (RFA), 5 U.S.C. 601–612, as amended,
                                             interim rule established separate tables                the upcoming recurring marine events                  requires federal agencies to consider the
                                             for each of the Sectors operating within                and their accompanying special local                  potential impact of regulations on small
                                             the Coast Guard’s Eighth District, and                  regulations.                                          entities during rulemaking. The term
                                             updated the list of recurring marine                                                                          ‘‘small entities’’ comprises small
                                             events and special local regulations                    C. Discussion of Comments, Changes                    businesses, not-for-profit organizations
                                             under 33 CFR part 100. Although no                      and the Final Rule                                    that are independently owned and
                                             adverse comments were received, some                      No adverse comments were received                   operated and are not dominant in their
                                             comments to further update the                          in response to the April 22, 2014                     fields, and governmental jurisdictions
                                             recurring list were received. Because the               interim final rule. Some comments                     with populations of less than 50,000.
                                             interim rule and now this final rule                    regarding further updates to the
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                                                                                                                                                           The Coast Guard certifies under 5 U.S.C.
                                             establish separate tables for each Sector               recurring list were received. Because the             605(b) that this rule will not have a
                                             within the Eighth District, further                     interim rule and now this final rule                  significant economic impact on a
                                             updates will now be made by each                        establish separate tables for each Sector             substantial number of small entities.
                                             Sector individually, impacting only                     within the Eighth District, further                      This rule may affect the following
                                             their table of marine events and special                updates will now be made by each                      entities, some of which might be small
                                             local regulations.                                      Sector individually, impacting only                   entities: The owners or operators of


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                                             50198            Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

                                             vessels intending to transit the regulated              6. Protest Activities                                 That Significantly Affect Energy Supply,
                                             areas during the marine events and                                                                            Distribution, or Use.
                                                                                                       The Coast Guard respects the First
                                             periods of enforcement. The special
                                                                                                     Amendment rights of protesters.                       13. Technical Standards
                                             local regulations will not have a
                                                                                                     Protesters are asked to contact the
                                             significant economic impact on a                                                                                This rule does not use technical
                                                                                                     person listed in the FOR FURTHER
                                             substantial number of small entities for                                                                      standards. Therefore, we did not
                                                                                                     INFORMATION CONTACT section to
                                             the following reasons. These regulations                                                                      consider the use of voluntary consensus
                                                                                                     coordinate protest activities so that your
                                             are limited in scope and will be in effect
                                                                                                     message can be received without                       standards.
                                             for short periods of times. Before each
                                                                                                     jeopardizing the safety or security of
                                             enforcement period, the Coast Guard                                                                           14. Environment
                                                                                                     people, places or vessels.
                                             COTP will issue maritime advisories
                                             widely available to waterway users.                     7. Unfunded Mandates Reform Act                         We have analyzed this rule under
                                             Deviations from each special local                                                                            Department of Homeland Security
                                                                                                       The Unfunded Mandates Reform Act                    Management Directive 023–01 and
                                             regulation may be requested through the                 of 1995 (2 U.S.C. 1531–1538) requires
                                             COTP and each request will be                                                                                 Commandant Instruction M16475.lD,
                                                                                                     Federal agencies to assess the effects of
                                             considered on a case-by-case basis.                                                                           which guide the Coast Guard in
                                                                                                     their discretionary regulatory actions. In
                                                                                                                                                           complying with the National
                                             3. Assistance for Small Entities                        particular, the Act addresses actions
                                                                                                     that may result in the expenditure by a               Environmental Policy Act of 1969
                                                Under section 213(a) of the Small                    State, local, or tribal government, in the            (NEPA) (42 U.S.C. 4321–4370f), and
                                             Business Regulatory Enforcement                         aggregate, or by the private sector of                have determined that this action is one
                                             Fairness Act of 1996 (Pub. L. 104–121),                 $100,000,000 (adjusted for inflation) or              of a category of actions that do not
                                             we want to assist small entities in                     more in any one year. Though this rule                individually or cumulatively have a
                                             understanding this rule. If the rule                    will not result in such an expenditure,               significant effect on the human
                                             would affect your small business,                       we do discuss the effects of this rule                environment. This rule is categorically
                                             organization, or governmental                           elsewhere in this preamble.                           excluded from further review under
                                             jurisdiction and you have questions                                                                           section 2.B.2. figure 2–1, paragraph
                                             concerning its provisions or options for                8. Taking of Private Property                         34(h) of the Commandant Instruction
                                             compliance, please contact the person                     This rule will not cause a taking of                because it involves the establishment of
                                             listed in the FOR FURTHER INFORMATION                   private property or otherwise have                    special local regulations related to
                                             CONTACT, above.                                         taking implications under Executive                   marine event permits for marine
                                                Small businesses may send comments                   Order 12630, Governmental Actions and                 parades, regattas, and other marine
                                             on the actions of Federal employees                     Interference with Constitutionally                    events. An environmental analysis
                                             who enforce, or otherwise determine                     Protected Property Rights.                            checklist and a categorical exclusion
                                             compliance with, Federal regulations to                 9. Civil Justice Reform                               determination are available in the
                                             the Small Business and Agriculture                                                                            docket where indicated under the
                                             Regulatory Enforcement Ombudsman                          This rule meets applicable standards                ADDRESSES.
                                             and the Regional Small Business                         in sections 3(a) and 3(b)(2) of Executive
                                             Regulatory Fairness Boards. The                         Order 12988, Civil Justice Reform, to                 List of Subjects in 33 CFR Part 100
                                             Ombudsman evaluates these actions                       minimize litigation, eliminate
                                                                                                     ambiguity, and reduce burden.                           Marine safety, Navigation (water),
                                             annually and rates each agency’s                                                                              Reporting and recordkeeping
                                             responsiveness to small business. If you                10. Protection of Children                            requirements, and Waterways.
                                             wish to comment on actions by
                                             employees of the Coast Guard, call 1–                     We have analyzed this rule under
                                                                                                     Executive Order 13045, Protection of                  PART 100—SAFETY OF LIFE ON
                                             888–REG–FAIR (1–888–734–3247). The                                                                            NAVIGABLE WATERS
                                             Coast Guard will not retaliate against                  Children from Environmental Health
                                             small entities that question or complain                Risks and Safety Risks. This rule is not
                                                                                                     an economically significant rule and                  ■ Accordingly, the interim rule
                                             about this rule or any policy or action
                                             of the Coast Guard.                                     does not create an environmental risk to              amending 33 CFR part 100 that
                                                                                                     health or risk to safety that may                     published at 79 FR 22381 on April 22,
                                             4. Collection of Information                            disproportionately affect children.                   2014, is adopted as a final rule without
                                                                                                                                                           change.
                                               This rule will not call for a new                     11. Indian Tribal Governments
                                             collection of information under the                                                                             Dated: June 27, 2015.
                                                                                                        This rule does not have tribal
                                             Paperwork Reduction Act of 1995 (44                     implications under Executive Order                    D.R. Callahan,
                                             U.S.C. 3501–3520).                                      13175, Consultation and Coordination                  Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                     with Indian Tribal Governments,                       Eight Coast Guard District.
                                             5. Federalism
                                                                                                     because it does not have a substantial                [FR Doc. 2015–20407 Filed 8–18–15; 8:45 am]
                                                A rule has implications for federalism               direct effect on one or more Indian                   BILLING CODE 9110–04–P
                                             under Executive Order 13132,                            tribes, on the relationship between the
                                             Federalism, if it has a substantial direct              Federal Government and Indian tribes,
                                             effect on the States, on the relationship               or on the distribution of power and
                                             between the national government and
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                                                                                                     responsibilities between the Federal
                                             the States, or on the distribution of                   Government and Indian tribes.
                                             power and responsibilities among the
                                             various levels of government. We have                   12. Energy Effects
                                             analyzed this rule under that Order and                   This action is not a ‘‘significant
                                             determined that this rule does not have                 energy action’’ under Executive Order
                                             implications for federalism.                            13211, Actions Concerning Regulations


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Document Created: 2015-12-15 11:58:50
Document Modified: 2015-12-15 11:58:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 18, 2015.
ContactIf you have questions on this rule, call or email Shelley R. Miller, Eighth Coast Guard District Waterways Management Division, (504) 671-2139 or email, [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202- 366-9826.
FR Citation80 FR 50196 
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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