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Federal Register/Vol. 84, No. 134/Friday, July 12, 2019/Rules

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Federal Register/Vol. 84, No. 134/Friday, July 12, 2019/Rules Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 33169 (3) No vessel may take on bunkers or email Lieutenant Samuel Rodriguez- SNPRM’s preamble incorrectly referred conduct lightering operations within the Gonzalez, Sector Miami Waterways to Berth 7 as the southern point of the safety zone during its enforcement Management Division, U.S. Coast fixed security zone encompassing the period. Guard; telephone (305) 535–4307, email Port Everglades Turning Basin and (4) This section applies to all vessels [email protected]; cruise and petroleum berths. However, except those engaged in law or BMC Greg Bergstrom, Sector Key the commenter noted that the SNPRM’s enforcement, aids to navigation West Waterways Management Division, regulatory text in § 165.760(b)(3), servicing, and emergency response U.S. Coast Guard; telephone (305) 292– correctly referred to the northern tip of operations. 8772, email [email protected]. Berth 22. The regulatory text that will (d) Enforcement. The U.S. Coast SUPPLEMENTARY INFORMATION: appear in the final rule has the correct Guard may be assisted in the patrol and wording and uses latitude and longitude enforcement of the safety zone by I. Table of Abbreviations designations to avoid any confusion. Federal, State, and local agencies. CFR Code of Federal Regulations The same commenter noted that while (e) Enforcement period. This zone DHS Department of Homeland Security the moving security zone would only will be enforced from approximately FR Federal Register apply to passenger vessels and other 9:30 p.m. to 10:30 p.m. on July 13, 2019. NPRM Notice of proposed rulemaking § Section vessels carrying cargoes of a particular Dated: July 9, 2019. U.S.C. United States Code hazard, or liquefied hazardous gas, it Scott E. Anderson, might be necessary to extend that to II. Background Information and other vessels at higher Maritime Captain, U.S. Coast Guard, Captain of the Regulatory History Port Delaware Bay. Security (MARSEC) levels using other existing Captain of the Port (COTP) [FR Doc. 2019–14882 Filed 7–11–19; 8:45 am] The Coast Guard published a notice of proposed rulemaking 1 (NPRM) on authorities. The security zone discussed BILLING CODE 9110–04–P September 16, 2016. The comment in this rule is a fixed security zone, and period closed on November 15, 2016. does not contain a moving security DEPARTMENT OF HOMELAND The Coast Guard received two zone. At higher MARSEC levels, Port SECURITY comments. Based on the comments Everglades will increase their security received we made minute changes to measures accordingly to mitigate Coast Guard specific coordinates of the proposed security vulnerabilities and ensure the security zone listed in § 165.760(b)(3) to safety of all vessels. 33 CFR Part 165 provide a larger security ‘‘standoff’’ The second commenter asked how the distance. We issued a supplemental Coast Guard would deal with the [Docket Number USCG–2018–0007] notice of proposed rulemaking 2 increase in patrols, and wanted to know RIN 1625–AA87 (SNPRM) on February 7, 2019 to if the Coast Guard is equipped to handle provide the public with an opportunity the extra workload. The Coast Guard Security Zones; Port of Palm Beach, to comment on these supplemental works closely with Broward County Port Everglades, Port of Miami, and changes. The comment period on the Sheriff’s Office to ensure the security Port of Key West, Florida SNPRM closed on March 11, 2019. We zone is enforced in Port Everglades. received two comments on the SNPRM, Increased vessel traffic has been AGENCY: Coast Guard, DHS. which are discussed below. managed with success, and has not been ACTION: Final rule. a concern. The updated fixed security III. Legal Authority and Need for Rule zone extends further south than the SUMMARY: The Coast Guard is modifying The Coast Guard is issuing this rule security zone it is replacing, but that is the existing security zone regulations for under authority in 46 U.S.C. 70034 not expected to result in more patrols. the Port of Palm Beach, Port Everglades, (previously 33 U.S.C. 1231). The The longer security zone will increase Port of Miami, and Port of Key West purpose of this rule is to establish the geographic area that law Florida. The amendments will create a separate regulatory authority for Sector enforcement vessels will patrol; new section for Sector Key West Key West, clarify when the Port however, the patrols are not expected to security zones; clarify when the Port Everglades fixed security zones will be be conducted more often as a result of Everglades fixed security zones will be in effect, modify and lengthen a portion the updated security zone. in effect; modify and lengthen a portion of one of the Port Everglades fixed We note we erroneously mentioned in of one Port Everglades fixed security security zones, update language zone; and update language and the preamble of the SNPRM that we throughout the regulation for were going to revise the regulatory text definitions throughout the regulation. administrative reasons, and to protect The security zones are intended to by using the names of state parks when the public and Ports from potential referencing certain coordinates. It was protect the public and ports from subversive acts. potential subversive acts. determined that the names of the state parks did not add any clarity to the DATES: This rule is effective August 12, IV. Discussion of the SNPRM and the Rule regulatory text; therefore, we did not 2019. propose this change after all. As noted above, we received two ADDRESSES: To view documents With this final rule, we are finalizing comments on the SNPRM. The first mentioned in this preamble as being the regulatory text proposed in the commenter was in support of the available in the docket, go to https:// SNPRM without any further revisions. www.regulations.gov, type USCG–2018– security zone, but noted incorrect terms 0007 in the ‘‘SEARCH’’ box and click for landmarks used in the preamble. V. Regulatory Analyses ‘‘SEARCH.’’ Click on Open Docket This commenter pointed out that the We developed this rule after Folder on the line associated with this considering numerous statutes and rule. 1 The NPRM was issued under docket number USCG–2016–0327 (see 81 FR 63728). Executive orders related to rulemaking. FOR FURTHER INFORMATION CONTACT: If 2 The SNPRM was issued under docket number, Below we summarize our analyses you have questions on this rule, call or USCG–2018–0007 (see 84 FR 2479). based on a number of these statutes and VerDate Sep<11>2014 16:13 Jul 11, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 jbell on DSK3GLQ082PROD with RULES 33170 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations Executive orders, and we discuss First impact on a substantial number of small E. Unfunded Mandates Reform Act Amendment rights of protestors. entities. The Unfunded Mandates Reform Act Under section 213(a) of the Small A. Regulatory Planning and Review of 1995 (2 U.S.C. 1531–1538) requires Business Regulatory Enforcement Federal agencies to assess the effects of Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In direct agencies to assess the costs and we want to assist small entities in particular, the Act addresses actions benefits of available regulatory understanding this rule. If the rule that may result in the expenditure by a alternatives and, if regulation is would affect your small business, State, local, or tribal government, in the necessary, to select regulatory organization, or governmental aggregate, or by the private sector of approaches that maximize net benefits. jurisdiction and you have questions $100,000,000 (adjusted for inflation) or Executive Order 13771 directs agencies concerning its provisions or options for more in any one year. Though this rule to control regulatory costs through a compliance, please contact the person will not result in such an expenditure, budgeting process. This rule has not listed in the FOR FURTHER INFORMATION we do discuss the effects of this rule been designated a ‘‘significant CONTACT section. elsewhere in this preamble. regulatory action,’’ under Executive Small businesses may send comments Order 12866. Accordingly, this rule has on the actions of Federal employees F. Environment not been reviewed by the Office of who enforce, or otherwise determine We have analyzed this rule under Management and Budget (OMB), and compliance with, Federal regulations to Department of Homeland Security pursuant to OMB guidance it is exempt the Small Business and Agriculture Directive 023–01 and Environmental from the requirements of Executive Regulatory Enforcement Ombudsman Planning COMDTINST 5090.1 (series), Order 13771. and the Regional Small Business which guide the Coast Guard in This regulatory action determination Regulatory Fairness Boards. The complying with the National is based on the following reasons: (1) Ombudsman evaluates these actions Environmental Policy Act of 1969 (42 Persons and vessels would still be able annually and rates each agency’s U.S.C. 4321–4370f), and have to operate in waters surrounding responsiveness to small business. If you determined that this action is one of a security zones; (2) the permanent fixed wish to comment on actions by category of actions that do not security zone encompassing Port employees of the Coast Guard, call 1– individually or cumulatively have a Everglades from Mid-Port to North-Port 888–REG–FAIR (1–888–734–3247). The significant effect on the human is within the natural boundaries of the Coast Guard will not retaliate against environment. This rule involves Port and is limited in size; (3) small entities that question or complain amending security zones.
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