Rule2022-25827
Navigation and Navigable Waters; Technical and Conforming Amendment to Authority Citation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 29, 2022
Effective
November 29, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
This final rule makes a non-substantive conforming amendment to our authority citations for Coast Guard regulations that establish safety zones, security zones, and regulated navigation areas. This rule would conform our authority citation to reflect an amendment introduced by The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. This rule will have no substantive effect on the regulated public.
Full Text
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<title>Federal Register, Volume 87 Issue 228 (Tuesday, November 29, 2022)</title>
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[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73254-73256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25827]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2022-0704]
Navigation and Navigable Waters; Technical and Conforming
Amendment to Authority Citation
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This final rule makes a non-substantive conforming amendment
to our authority citations for Coast Guard regulations that establish
safety zones, security zones, and regulated navigation areas. This rule
would conform our authority citation to reflect an amendment introduced
by The William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021. This rule will have no substantive effect on the
regulated public.
DATES: This final rule is effective November 29, 2022.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket number USCG-2022-0704, which is available
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Kate Sergent, Coast Guard; telephone 202-372-3860, email
<a href="/cdn-cgi/l/email-protection#5b303a2f3e753e75283e293c3e352f1b2e28383c75363237"><span class="__cf_email__" data-cfemail="ea818b9e8fc48fc4998f988d8f849eaa9f99898dc4878386">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Discussion of the Rule
III. Regulatory History
IV. Basis and Purpose
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
CFR Code of Federal Regulations
DHS Department of Homeland Security
OMB Office of Management and Budget
U.S.C. United States Code
II. Discussion of the Rule
This technical amendment final rule updates the authority citations
for part 165 within Title 33 of the CFR. This rule adds the statutory
authority 46 U.S.C. 70124 as a regulatory authority for 33 CFR part
165. Specifically, 46 U.S.C. 70124 gives the Secretary authority to
issue regulations necessary to implement 46 U.S.C. Chapter 701. Within
Chapter 701, the delegated authority in 46 U.S.C. 70116 authorizes the
Commandant to establish safety and security zones to prevent or respond
to an act to terrorism, cyber incidents, transitional organized crime,
or foreign state threats. The Secretary has delegated this regulatory
authority to the Commandant in Department of Homeland Security
Delegation No. 00170.1(II)(71), Revision No. 01.3.
The Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L.
115-282, (2018)) redesignated several provisions of the Ports and
Waterways Safety Act into 46 U.S.C. chapters 700 and 701. That Act
moved 33 U.S.C. 1226 into section 46 U.S.C. 70016. Section 70116 is a
potential statutory authority we may use to establish safety and
security zones under 33 CFR part 165.
We are adding the general regulatory authority in 46 U.S.C. 70124
to the authority citation for part 165 because 46 U.S.C. 70116(c) was
amended in 2021 under section 8341 of The William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-
283, Jan. 1, 2021). This amendment removed the statement about section
70116 being treated as part of 46 U.S.C. chapter 700 for purposes of
rulemaking authority in 46 U.S.C. 70034. With that statement removed,
we instead rely on the regulatory authority in 46 U.S.C. 70124 for the
authorities laid out in 46 U.S.C. 70116.
The Coast Guard periodically issues technical, organizational, and
conforming amendments to existing regulations in Title 33 of the CFR.
These technical amendments provide the public with more accurate and
current regulatory information, but do not change Title 33 of the CFR's
effect on the public.
III. Regulatory History
We did not publish a notice of proposed rulemaking for this rule.
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A),
the Coast Guard finds that this final rule is exempt from notice and
public comment rulemaking requirements because these changes involve
rules of agency organization, procedure, or practice. This rule only
updates the authority citation where the agency lists the relevant
authorities to issue regulations in part 165 of the CFR.
In addition, the Coast Guard finds that notice and comment
procedures are unnecessary for this final rule under 5 U.S.C.
553(b)(B), as this rule consists of only technical and editorial
corrections and these changes will have no substantive effect on the
public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the
same reasons, good cause exists for making this final rule effective
upon publication in the Federal Register. Delaying the effective date
of this conforming amendment is unnecessary because the change to our
statutory regulatory authorities is an agency procedural update and it
will have no impact on the public.
IV. Basis and Purpose
This final rule makes technical and editorial corrections in 33 CFR
part 165. These changes are necessary to update the authority citations
we rely on for issuing regulations in 33 CFR part 165. This rule does
not create or change any substantive requirements for the public.
This final rule is issued under the authority of 5 U.S.C. 552(a)
and 553; 14 U.S.C. 102 and 503; and Department of Homeland Security
Delegation No. 00170.1(II)(71), Revision No. 01.3.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is 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.
This rule has not been designated a ``significant regulatory
action'' under Executive Order 12866. Accordingly, this rule has not
been reviewed by OMB. 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 and their authority. By
[[Page 73255]]
the adding statutory citations for all of the relevant authorities we
rely on to issue the regulated navigation area regulations, we increase
the clarity of the authorities in the CFR.
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''
is comprised of 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.
A notice of proposed rulemaking does not precede this rule.
Therefore, it is exempt from the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does
not apply when notice and comment rulemaking is not required.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This final rule
will not change any of the burdens in the collections currently
approved by OMB.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
F. Unfunded Mandates 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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform) to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded 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
final Record of Environmental Consideration supporting this
determination is available in the docket where indicated in the
ADDRESSES section of this preamble. This final rule involves non-
substantive technical, organizational, and conforming amendments to
existing Coast Guard regulations. Therefore, this rule is categorically
excluded under paragraph L54 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L54 pertains to regulations
which are editorial or procedural.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
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Title 33--Navigation and Navigable Waters
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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1. The authority citation for part 165 is revised to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-25827 Filed 11-28-22; 8:45 am]
BILLING CODE 9110-04-P
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