[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8169-8173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01760]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 100, 110, and 165
[Docket No. USCG-2018-0533]
RIN 1625-ZA38
Navigation and Navigable Waters, and Shipping; Technical,
Organizational, and Conforming Amendments for U.S. Coast Guard Field
Districts 5, 8, 9, 11, 13, 14, and 17
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 in
parts 1, 100, 110, and 165 of Title 33 of the Code of Federal
Regulations. These amendments update and clarify general regulations in
part 1, and update regulations for Field Districts 5, 8, 9, 11, 13, 14,
and 17 to reflect the current status of regulated navigation areas,
special local regulations, anchorages, safety zones, and security
zones. This rule will have no substantive effect on the regulated
public.
DATES: This final rule is effective March 16, 2020.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Dominique Christianson, Coast Guard; telephone 202-372-
3856, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Impact on 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
CG-LRA Office of Regulations and Administrative Law
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec. Section
U.S.C. United States Code
II. 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 rule is exempt from notice and public
comment rulemaking requirements because these changes involve rules of
agency organization, procedure, or practice. In addition, the Coast
Guard finds that notice and comment procedures are unnecessary under 5
U.S.C. 553(b)(B), as this rule consists only of technical and editorial
corrections, and these changes will have no substantive effect on the
public.
III. Basis and Purpose
This rulemaking project was identified as part of the Coast Guard's
Regulatory Reform Task Force Initiative. These 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, security zones, and special local regulations
where the event is no longer held. This rule also removes special
anchorage areas that are no longer used, and redesignates certain
special anchorage areas in the Hawaiian Islands and Guam so they are
grouped in the CFR as District 14 anchorages. Additionally, the rule
removes outdated references to penalties in regulations governing
certain regulated navigation areas in Florida and Georgia, and updates
Captain of the Port (COTP) information in regulations for certain
regulated navigation areas and security zones in Kentucky, Ohio, and
Missouri. 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 1 are authorized under 14 U.S.C. 503,
which grants the Secretary of the Department of Homeland Security (DHS)
broad authority to promulgate such regulations as are appropriate to
carry out the provisions of any law applicable to the Coast Guard. The
changes to 33
[[Page 8170]]
CFR part 100 are specifically authorized under 46 U.S.C. 70041(a),
which vests the Commandant of the Coast Guard with authority to issue
regulations to promote the safety of life on navigable waters during
regattas or marine parades. The changes to 33 CFR parts 110 and 165 are
authorized under the general authority of 46 U.S.C. 70034, granting the
Secretary of DHS 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
14 U.S.C. 503 and 46 U.S.C. 70034 to the Commandant via DHS 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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IV. Discussion of the Rule
The Coast Guard amends 33 CFR parts 1, 100, 110, and 165 by
removing outdated event references and updating contact information in
Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17.
A. Changes to 33 CFR Part 1 General Provisions
In Sec. 1.05-1 the following changes are being made:
It amends paragraphs (d) and (d)(1) by updating the title of the
Assistant Commandant for Reponse Policy;
It amends paragraph (e) to clarify that the types of regulations
Coast Guard District Commanders are authorized to issue include the
establishment of safety zones around facilities being constructed
maintained, or operated on the Outer Continental Shelf. This is not a
new delegation of authority. District Commanders have been delegated
the authority to issue and enforce safety zone regulations on the Outer
Continental Shelf since 1982 and that authority is codified in Coast
Guard regulations at 33 CFR 147.5 (47 FR 9366, 9386, March 4, 1982).
The lack of inclusion of this authority in the general list of
delegated authorities at Sec. 1.05-1 was a drafting oversight which we
now wish to correct;
It amends paragraph (g) by updating the title of the Assistant
Commandant for Reponse Policy; and
It amends paragraph (h) by updating the office symbol for the
Office of Regulations and Administrative Law.
In Sec. 1.05-20, the Coast Guard is amending the mailing address
for petitions for rulemaking. Currently Sec. 1.05-20 directs the
public to mail petitions to CG-0943, to the attention of the Executive
Secretary of the Marine Safety and Security Counsel. For expediency in
directing incoming petitions to the proper office within the Coast
Guard, we are amending this regulation to state that the public should
mail petitions to the Office of Regulations and Administrative Law (CG-
LRA). The Executive Secretary for the Marine Safety and Security
Counsel resides within the Office of Regulations and Administrative
Law. The Office of Regulations and Administrative Law, previously
identified with the abbreviation CG-0943, was re-identified as CG-LRA
several years ago; and
In Sec. 1.05-50 the following changes are made regarding final
rules:
The paragraph discussing rules issued through notice and comment
first and then promulgation without notice and comment is being
restructured. This proposed change reflects the requirements of 5
U.S.C. 553 which requires agencies to allow the public to comment on
rules prior to issuance except under certain specified conditions.
Also, we are clarifying that the preamble to a final rule must respond
to all significant comments, not necessarily all comments. We generally
mention all comments that we received, even if only to note that some
comments were outside the scope or completely not applicable to the
rulemaking. However, we do not otherwise address the merits or spend as
much time on comments that did not relate to the rulemaking.
B. Changes to 33 CFR Part 100 General Provisions
In 33 CFR part 100, the following Special Local Regulations are
being changed:
In Table 7 of Sec. 100.801, item 3 (Battle on the Bayou) and item
5 (Chattahoochee Challenge) are being removed, as these events are no
longer issued permits;
In Table 1 of Sec. 100.1101, item 7 (ITU World Triathlon), item 8
(Fearless Triathlon), and item 9 (Bay to Bay Rowing and Paddling
Regatta) are being removed, as these events are no longer issued
permits;
In Table 1 of Sec. 100.1103, item 1 (Redwood Heron Sprints
Regatta), item 2 (Stockton Asparagus Festival), item 5 (Kinetic
Sculpture Race), item 6 (Sacramento Bridge-to-Bridge Water Festival),
and item 7 (Humboldt Bay Paddle Fest) are being removed, as these
events are no longer issued permits;
Section 100.1306 (National Maritime Week Tugboat Races) is being
removed because this event no longer occurs; and
Section 100.1307 (Straight Thunder Performance) is being removed
because this event no longer occurs.
C. Changes to 33 CFR Part 110 General Provisions
In 33 CFR part 110, the following anchorage areas are being
changed:
The special anchorage areas located in Sec. 110.65 (Indian River
Bay), Sec. 110.70 (Chesapeake and Delaware Canal), and Sec. 110.71(a)
(Northeast River), are being removed because they are no longer
utilized;
The special anchorage areas located in Sec. 110.128b (Island of
Hawaii), Sec. 128c (Island of Kauai), and Sec. 128d (Island of Oahu)
are being redesignated as Sec. Sec. 110.129, 110.129a, and 110.129b,
respectively, so that they will be organized with the District 14
anchorages, not District 13;
The special anchorage area in Sec. 110.129a (Apra Harbor) is being
redesignated as Sec. 110.129c because Sec. 110.128c has been
redesignated above as Sec. 110.129a; and
The special anchorage area listed in Sec. 110.232 (Southeast
Alaska) is being removed, as this anchorage is no longer used.
D. Changes to 33 CFR Part 165 General Provisions
In 33 CFR part 165, the following provisions are being changed:
The security zones in Sec. 165.T08-0994 (Mississippi River, New
Orleans), the safety zone in Sec. 165.T09-0971 (Overhead Cable
Replacement, Maumee River), the safety zone in Sec. 165.T11-504
(Independence Day Fireworks Celebration for the City of Richmond), and
the safety zone in Sec. 165.T11-630 (Giants Enterprises Fireworks
Display) are being removed, as the enforcement periods for these
regulations have expired;
Outdated reference to penalities in Sec. 165.726 (Regulated
Navigation Areas, Miami River) and Sec. 165.756 (Regulated Navigation
Area, Savannah River) are being removed;
In Table 7 of Sec. 165.801, the safety zones are being removed in
item 1 (Go Daddy Bowl), item 3 (Billy Bowlegs Pirate Festival), and
item 5 (Fourth of July Celebration City of Fort Walton Beach) as these
events no longer occur;
The security zones in Sec. 165.809 (Port of Port Lavaca-Point
Comfort, Point Comfort, and Port of Corpus Christi Inner Harbor) are
being removed as this security zone was removed in 2005 by previous
regulation (70 FR 9363).
The regulated navigation area in Sec. 165.815, paragraph (c) (Ohio
River at Louisville, Kentucky) is being revised to provide correct
Captain of the Port (COTP) information;
The security zone in Sec. 165.820, paragraph (b) (Ohio River Mile
34.6 to
[[Page 8171]]
35.1, Shippingport, Pennsylvania) is being revised to provide correct
COTP information;
The regulated navigation area in Sec. 165.821, paragraph (b) (Ohio
River at Cincinnati, Ohio) is being revised to provide correct COTP
information; and
The security zones in Sec. 165.825, paragraph (b) (Captain of the
Port St. Louis, Missouri) are being revised to provide correct COTP
information.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 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. 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's Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). A
regulatory analysis (RA) follows. 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 and accuracy of regulations.
B. Impact on 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.
This rule will have no substantive effect on the regulated public.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
rule will not have a significant economic impact on a substantial
number of small entities.
This rule is not preceded by a notice of proposed rulemaking and,
therefore 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.
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 would not result
in such an 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 would 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 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.
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''
[[Page 8172]]
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, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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. A Record of Environmental Consideration (REC) supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. A
preliminary Record of Environmental Consideration and a Memorandum for
the Record are not required for this rule.
This rule is categorically excluded from further review under
paragraphs L54, L55, L59 and L61 in Appendix A, Table 1 of DHS
Directive 023-01. Paragraph L54 pertains to promulgation of regulations
that are editorial or procedural; paragraph L55 pertains to regulations
concerning internal agency function or organization; paragraph L59
pertains to regulations establishing, disestablishing, or changing the
size of Special Anchorage Areas or anchorage grounds; paragraph L61
pertains to special local regulations issues in conjunction with a
regatta or marine parade. This rule amends Title 33 CFR parts 1, 100,
110, and 165 by updating and clarifying general regulations and by
removing outdated event references and updating contact information in
Coast Guard Field Districts 5, 8, 9, 11, 13, 14, and 17. These
regulation changes are consistent with the Coast Guard's maritime
safety and stewardship missions.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 110
Anchorage grounds.
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 1, 100, 110, and 165 as follows:
PART 1--GENERAL PROVISIONS
Subpart 1.05--Rulemaking
0
1. The authority citation for subpart 1.05 is revised to read as
follows:
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 102, 502, 503,
and 505; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 1.05-1 by:
0
a. In paragraph (d) introductory text removing the words ``Marine
Safety, Security and Stewardship (CG-5)'' and adding, in their place,
the words ``Response Policy (CG-5R)'';
0
b. In paragraph (d)(1) introductory text, removing the words ``Marine
Safety, Security and Stewardship'' and adding, in their place, the
words ``Response Policy (CG-5R)'';
0
c. Adding paragraph (e)(1)(viii);
0
d. In paragraph (g) removing the words ``Marine Safety, Security and
Stewardship'' and adding, in their place, the words ``Response
Policy''; and
0
e. In paragraph (h), removing the words ``(CG-0943)'' and adding, in
their place, the words ``(CG-LRA)''.
The addition reads as follows:
Sec. 1.05-1 Delegation of rulemaking authority.
* * * * *
(e) * * *
(1) * * *
(viii) The establishment of safety zones around OCS facilities
being constructed, maintained, or operated on the Outer Continental
Shelf.
* * * * *
Sec. 1.05-20 [Amended]
0
3. In Sec. 1.05-20(a), remove the words ``Commandant (CG-0943), Attn:
Executive Secretary, Marine Safety and Security Council,'' and add, in
their place, the words ``Office of Regulations and Administrative Law
(CG-LRA)''.
0
4. Revise Sec. 1.05-50 to read as follows:
Sec. 1.05-50 Final Rule.
When notice and comment procedures have been used, and after all
comments received have been considered, a final rule is issued. A final
rule document contains a preamble that responds to significant comments
received and includes a discussion of changes made from the proposed or
interim rule, a citation of legal authority, and the text of the rule.
In some instances, a final rule may be issued without prior notice and
comment.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
5. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.801 [Amended]
0
6. In Sec. 100.801 amend Table 7 of Sec. 100.801 by:
0
a. Removing item 3 (Battle on the Bayou) and item 5 (Chattahoochee
Challenge); and
0
b. Redesignating item 4 as item 3, item 6 as item 4, and items 7
through 20 as items 5 through 18.
Sec. 100.1101 [Amended]
0
7. In Sec. 100.1101 amend Table 1 of Sec. 100.1101 by:
0
a. Removing item 7 (ITU World Triathlon), item 8 (Fearless Triathlon)
and item 9 (Bay to Bay Rowing and Paddling Regatta); and
0
b. Redesignating items 10 through 18 as items 7 through 15.
Sec. 100.1103 [Amended]
0
8. Sec. 100.1103 amend Table 1 of Sec. 100.1103 by:
0
a. Removng item 1 (Redwood Heron Sprints Regatta), item 2 (Stockton
Asparagus Festival), item 5 (Kinetic Sculpture Race), item 6
(Sacramento Bridge-to-Bridge Water Festival), and item 7 (Humboldt Bay
Paddle Fest); and
0
b. Redesignating items 3, 4, 8 and 9 as items 1 through 4.
[[Page 8173]]
Sec. Sec. 100.1306 and 100.1307 [Removed]
0
9. Remove Sec. Sec. 100.1306 and 100.1307.
PART 110--ANCHORAGE REGULATIONS
0
10. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 2071, 46 U.S.C. 70034; 33 CFR 1.05-1;
Department of Homeland Security Delegation No. 0170.1.
Sec. Sec. 110.65, 110.70, and 110.71a [Removed]
0
11. Remove Sec. Sec. 110.65, 110.70, and 110.71a.
Sec. Sec. 110.128b through 110.129a [Redesignated]
0
12. Redesignate Sec. Sec. 110.128b through 110.129a as follows:
------------------------------------------------------------------------
Current section Redesignated section
------------------------------------------------------------------------
110.128b.................................. 110.129.
110.128c.................................. 110.129a.
110.128d.................................. 110.129b.
110.129a.................................. 110.129c.
------------------------------------------------------------------------
Sec. 110.232 [Removed]
0
13. Remove Sec. 110.232.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
14. 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. 165.726 [Amended]
0
15. Amend Sec. 165.726 by removing paragraph (c).
Sec. 165.756 [Amended]
0
16. Amend Sec. 165.756 by removing paragraph (f).
Sec. 165.T08-0994 [Removed]
0
17. Remove Sec. 165.T08-0994.
Sec. 165.801 [Amended]
0
18. Amend Sec. 165.801 as follows:
0
a. Remove item 1 (Go Daddy Bowl), item 3 (Billy Bowlegs Pirate
Festival), and item 5 (Fourth of July Celebration/City of Fort Walton
Beach) in Table 7; and
0
b. Redesignate items 2, 4, and 6 through 10 as items 1-7 in Table 7.
Sec. 165.809 [Removed]
0
19. Remove Sec. 165.809.
Sec. 165.815 [Amended]
0
20. In Sec. 165.815(c) remove the words ``Captain of the Port,
Louisville, Kentucky'' and add, in their place, the words ``Captain of
the Port, Ohio Valley''.
Sec. 165.820 [Amended]
0
21. Amend Sec. 165.820(b) by:
0
a. In paragraph (b)(1), removing the word ``Pittsburgh'', and adding,
in its place, the words ``MSU Pittsburgh''.
0
b. In paragraph (b)(2), removing the two occurances of the word
``Pittsburgh'', and adding, in their place, the words ``, MSU
Pittsburgh''.
Sec. 165.821 [Amended]
0
22. In Sec. 165.821(b) remove the words ``Captain of the Port,
Louisville, Kentucky'' and add, in their place, the words ``Captain of
the Port, Ohio Valley''.
0
23. Amend Sec. 165.825 by revising paragraph (b) to read as follows:
Sec. 165.825 Security Zones; Captain of the Port, Upper Mississippi.
* * * * *
(b) Regulations. (1) Entry into these security zones is prohibited
unless authorized by the Coast Guard Captain of the Port, Upper
Mississippi or designated representative.
(2) The Ft. Calhoun and Cooper security zones include a portion of
the navigable channel of the Missouri River. All vessels that may
safely navigate outside of the channel are prohibited from entering the
security zone without the express permission of the Captain of the
Port, Upper Mississippi or designated representative. Vessels that are
required to use the channel for safe navigation are authorized entry
into the zone but must remain within the channel unless expressly
authorized by the Captain of the Port Upper Mississippi or designated
representative.
(3) Persons or vessels requiring the permission of the Captain of
the Port, Upper Mississippi to enter the security zones must contact
the Coast Guard Sector Upper Mississippi River at telephone number 319
524-7511 or on VHF marine channel 16 or Marine Safety Detachment Quad
Cities at telephone number 309 782-0627 or the Captain of the Port,
Upper Mississippi at telephone number 314 539-3091, ext. 3500 in order
to seek permission to enter the security zones. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port, Upper Mississippi or designated
representative.
(4) Designated representatives are commissioned, warrant, and petty
officers of the U.S. Coast Guard.
* * * * *
Sec. Sec. 165.T09-0971, 165.T11-504, and 165.T11-630 [Removed]
0
24. Remove Sec. Sec. 165.T09-0971, 165.T11-504, and 165.T11-630.
Dated: January 9, 2020.
M.W. Mumbach,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2020-01760 Filed 2-12-20; 8:45 am]
BILLING CODE 9110-04-P