Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 31399 

F. Executive Order 13563: Improving 

Regulation and Regulatory Review 

The Department of State has 

considered this rule in light of 

Executive Order 13563 and affirms that 

this regulation is consistent with the 

guidance therein. 

G. Executive Orders 12372 and 13132: 

Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. The rule will not 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

H. Executive Order 12988: Civil Justice 

Reform 

The Department has reviewed the rule 

in light of sections 3(a) and 3(b)(2) of 

Executive Order No. 12988 to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

I. Paperwork Reduction Act 

This rule does not impose information 

collection requirements under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C., Chapter 35. 

List of Subjects in 22 CFR Part 42 

Immigration, Passports and visas. 

Accordingly, for the reasons set forth 

in the preamble, 22 CFR part 42 is 

amended as follows: 

PART 42—VISAS: DOCUMENTATION 

OF IMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY 

ACT, AS AMENDED 

■ 1. The authority citation for part 42 

continues to read as follows: 

Authority: 8 U.S.C. 1104 and 1182; Pub. 

L. 105–277; Pub. L. 108–449; 112 Stat. 2681– 

795 through 2681–801; The Convention on 

Protection of Children and Co-operation in 

Respect of Intercountry Adoption (done at 

the Hague, May 29, 1993), S. Treaty Doc. 

105–51 (1998), 1870 U.N.T.S. 167 (reg. No. 

31922 (1993)); The Intercountry Adoption 

Act of 2000, 42 U.S.C. 14901–14954. Pub. L. 

106–279. 

■ 2. Section 42.52 is amended by 

revising paragraph (c)(1) to read as 

follows: 

§ 42.52 Post records of visa applications. 

* * * * * 

(c) * * * 

(1) A record that an alien is entitled 

to an immigrant visa classification shall 

be made whenever the consular officer 

is satisfied—or receives evidence—that 

the alien is within the criteria set forth 

in paragraph (b) of this section. 

* * * * * 

Dated: April 11, 2013. 

Janice L. Jacobs, 

Assistant Secretary for Consular Affairs, 

Department of State. 

[FR Doc. 2013–12453 Filed 5–23–13; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 165 

[Docket ID: DOD–2009–OS–0030] 

RIN 0790–AI45 

Recoupment of Nonrecurring Costs 

(NCs) on Sales of U.S. Items 

AGENCY: Office of the Under Secretary of 

Defense (Comptroller)/Chief Financial 

Officer, DoD. 

ACTION: Final rule. 

SUMMARY: This rule updates policy, 

responsibilities, and procedures for 

calculating and assessing NC 

recoupment charges on sales of items 

developed for or by the Department of 

Defense to non-U.S. Government 

customers. All costs related to the sale 

of the items are fully reimbursable by 

the non-U.S. Government. 

DATES: Effective Date: This rule is 

effective June 24, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Claire Nelson, 703–602–0250. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose of the Regulatory Action 

This rule updates policy, 

responsibilities, and procedures to 

conform with sections 2761(e)(1)(B), 

2761 (e)(2), and 2767(b) of Title22, 

United States Code (U.S.C.) (also known 

as ‘‘sections 21(e)(1)(B), 21(e)(2), and 

27(b) of the Arms Export Control Act, as 

amended’’) for calculating and assessing 

NC recoupment charges on sales of 

items developed for or by the 

Department of Defense to non-U.S. 

Government customers. 

II. Summary of the Major Provisions of 

the Regulatory Action In Question 

This rule provides guidance for 

reviewing NC waiver requests; clarifies 

when NC calculations are used; clarifies 

the types of DoD agreements covered; 

and provides additional waiver 

authorities. 

III. Costs and Benefits 

All costs related to the sale of the 

items are fully reimbursable by the nonU.S. Government customers. The 

Department of Defense does not incur 

cost nor receive profit for the items sold. 

The non-U.S. Government customers 

benefit from the sale of the items from 

the Department of Defense. The NC 

amount collected in 2010 and 2011 was 

$4.8 and $9.6 million, respectively. On 

average it is roughly $7.2 million 

annually. 

Public Comments 

The Department of Defense published 

a proposed rule on November 4, 2011 

(76 FR 68376–68378). No comments 

were received on the proposed rule. 

The Department has made a few 

additional changes in the final rule. 

Reference citations were updated. 

Definitions were updated or added for 

clarification. This final rule provides 

guidance for reviewing NC waiver 

requests; clarifies when NC calculations 

are used; clarifies the types of DoD 

agreements covered; and provides 

additional waiver authorities. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563 ‘‘Improving Regulation and 

Regulatory Review’’ 

It has been certified that 32 CFR part 

165 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in these Executive Orders. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that 32 CFR part 

165 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

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31400 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

1Available at http://www.acq.osd.mil/dpap/dars/ 

dfarspgi/current/index.html. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

165 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

165 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

165 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 165 

Armed forces, Arms and munitions, 

Government contracts. 

Accordingly 32 CFR Part 165 is 

revised to read as follows: 

PART 165—RECOUPMENT OF 

NONRECURRING COSTS (NCs) ON 

SALES OF U.S. ITEMS 

Sec. 

165.1 Purpose. 

165.2 Applicability. 

165.3 Definitions. 

165.4 Policy. 

165.5 Responsibilities. 

165.6 Procedures. 

165.7 Waivers (including reductions). 

Authority: 22 U.S.C. 2761(e)(1)(B); 22 

U.S.C. 2761 (e)(2); and 22 U.S.C. 2767(b) 

§ 165.1 Purpose. 

This part updates policy, 

responsibilities, and procedures to 

conform with 22 U.S.C. 2761(e)(1)(B), 

2761 (e)(2), and 2767(b) (also known as 

‘‘sections 21(e)(1)(B), 21(e)(2), and 27(b) 

of the Arms Export Control Act, as 

amended’’) for calculating and assessing 

NC recoupment charges on sales of 

items developed for or by the 

Department of Defense to non-U.S. 

Government customers. 

§ 165.2 Applicability. 

(a) This part applies to the Office of 

the Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

(b) This part does not apply to sales 

of excess property when accountability 

has been transferred to property 

disposal activities and the property is 

sold in open competition to the highest 

bidder. 

§ 165.3 Definitions. 

The following definitions apply to 

this part. 

Blanket waiver. An NC recoupment 

charge waiver that is not related to a 

particular sale; for example, waivers for 

all sales to a country or all sales of a 

weapon system. 

Cooperative projects. Defined in 22 

U.S.C. 2767(b). 

Cost pool. The total cost to be 

distributed across the specific number 

of units, normally the number of units 

produced plus those planned to be 

produced. The nonrecurring research, 

development, test, and evaluation cost 

pool comprises the costs described in 

the definition for nonrecurring research, 

development, test and evaluation costs 

in this section. The nonrecurring 

production cost pool comprises costs 

described in the definition for 

nonrecurring production costs. 

Foreign military sale. A sale by the 

U.S. Government (U.S.G.) of defense 

items or defense services to a foreign 

government or international 

organization pursuant to 22 U.S.C. 

Chapter 39. 

Major defense equipment. Any item of 

significant military equipment on the 

United States Munitions List having a 

nonrecurring research, development, 

test, and evaluation cost of more than 50 

million dollars or a total production cost 

of more than 200 million dollars. The 

determination of whether an item meets 

the major defense equipment dollar 

threshold for research, development, 

test, and evaluation shall be based on 

DoD obligations recorded to the date the 

equipment is offered for sale. 

Production costs shall include costs 

incurred by the Department of Defense. 

Production costs for the foreign military 

sales program and known direct 

commercial sales production are 

excluded. 

Model. A basic alpha-numeric 

designation in a weapon system series 

(e.g., a ship hull series, an equipment or 

system series, an airframe series, or a 

vehicle series). For example, the AN/ 

TPQ–36(V)2 and the (AN/TPQ–36(V)10 

are different models in the same radar 

system series. 

Nonrecurring production costs. Those 

one-time costs incurred in support of 

previous production of the model 

specified and those costs specifically 

incurred in support of the total 

projected production run. Those NCs 

include DoD expenditures for 

preproduction engineering; special 

tooling; special test equipment; 

production engineering; product 

improvement; destructive testing; and 

pilot model production, testing, and 

evaluation. That includes costs of any 

engineering change proposals initiated 

before the date of calculations of the NC 

recoupment charge. Nonrecurring 

production costs do not include DoD 

expenditures for machine tools, capital 

equipment, or facilities for which 

contractor rental payments are made or 

waived in accordance with the Defense 

Federal Acquisition Regulation 

Supplement.1

Nonrecurring research, development, 

test and evaluation costs. Those costs 

funded by a research, development, test, 

and evaluation appropriation to develop 

or improve the product or technology 

under consideration either through 

contract or in-house DoD effort. This 

includes costs of any engineering 

change proposal started before the date 

of calculation of the NC recoupment 

charges as well as projections of such 

costs, to the extent additional effort 

applicable to the sale model or 

technology is necessary or planned. It 

does not include costs funded by either 

procurement or operation and 

maintenance appropriations. 

Pro rata recovery of NCs. Equal 

distribution (proration) of a pool of NCs 

to a specific number of units that benefit 

from the investment so that a DoD 

Component shall collect from a 

customer a fair (pro rata) share of the 

investment in the product being sold. 

The production quantity base used to 

determine the pro rata calculation of 

major defense equipment includes total 

production. 

Significant change in NCs 

recoupment charge. (1) A significant 

change in an NC recoupment charge 

occurs when: 

(i) A new calculation shows a change 

of 30 percent of the current system NC 

charge. 

(ii) The NC unit charge increases or 

decreases by 50,000 dollars or more, or 

(iii) Where the potential for a 5 

million dollar change in recoupment 

exists. 

(2) The total collections may be 

estimated based on the projected sales 

quantities. A significant change occurs 

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Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 31401 

2Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/510565p.pdf. 

3Available at http://www.dsca.osd.mil/samm/. 

4Available at http://www.defenselink.mil/ 

comptroller/fmr/. 

when potential collections increase or 

decrease by 5 million dollars. 

Special research, development, test, 

and evaluation and nonrecurring 

production costs. Costs incurred under 

a foreign military sale at the request of, 

or for the benefit of, a foreign customer 

to develop a special feature or unique or 

joint requirement. Those costs must be 

paid by the customer as they are 

incurred. 

§ 165.4 Policy. 

It is DoD policy that: 

(a) The NC recoupment charge shall 

be imposed for sales of major defense 

equipment only as required by an Act of 

Congress. The USD(P), through the 

Defense Security Cooperation Agency, 

may grant a waiver to recoupment 

charges in accordance with in 

accordance with this part and DoD 

Directive 5105.65.’’ 2

(b) The NC charges shall be based on 

the amount of the Department of 

Defense nonrecurring investment in an 

item. 

§ 165.5 Responsibilities. 

(a) Under Secretary of Defense 

(Comptroller)/Chief Financial Officer 

(USD(C)/CFO)) shall provide necessary 

financial management guidance to the 

Department of Defense regarding the 

recoupment of NC. 

(b) The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

shall take appropriate action to ensure 

the Defense Federal Acquisition 

Regulation Supplement remains in 

accordance with this part. 

(c) The USD(P) shall: 

(1) Monitor the application of this 

part. 

(2) Review and approve NC 

recoupment charges. 

(3) Review and approve NC 

recoupment charge waiver requests 

received from foreign countries and 

international organizations for foreign 

military sales. 

(4) Oversee publication of a listing of 

items developed for or by the 

Department of Defense to which NC 

recoupment charges are applicable. 

(5) Use the guidance in § 165.7 of this 

part to review NC waiver requests. 

(d) The Secretaries of the Military 

Departments and the Directors of the 

Defense Agencies shall: 

(1) Determine the DoD nonrecurring 

investment in items developed for or by 

the Department of Defense and perform 

required pro rata calculations in 

accordance with this part and financial 

management guidance from USD(C)/ 

CFO when a military equipment asset 

type is considered a candidate for sale. 

(2) Validate and provide 

recommended charges to the USD(P). 

Retain supporting documentation until 

the item has been eliminated from the 

NC recoupment charge listing. 

(3) Review approved NC recoupment 

charges on a biennial basis to determine 

if there has been a change in factors or 

assumptions used to compute a NC 

recoupment charge and, if there is a 

significant change in a NC recoupment 

charge, recommend the change to 

USD(P) for review, approval, and 

publication in DSCA 5105.38–M, 

‘‘Security Assistance Management 

Manual (SAMM).’’ 3

(4) Collect charges on foreign military 

sales, in accordance with DoD 7000.14– 

R.4

(5) Deposit collections to accounts as 

prescribed by the USD(C)/CFO. 

(6) Request guidance from the USD(P), 

within 90 days after determining that an 

issue concerning an NC recoupment 

charge cannot be resolved. 

§ 165.6 Procedures. 

(a) The NC recoupment charge to be 

reimbursed shall be a pro rata recovery 

of NCs for the applicable major defense 

equipment (MDE). Recovery of NC 

recoupment charges shall cease upon 

the recovery of total DoD nonrecurring 

investment costs. Such charges shall be 

based on a cost pool as defined in 

§ 165.3. For an MDE system that 

includes more than one component, a 

‘‘building block’’ approach (i.e., the sum 

of NC recoupment charges for 

individual components) shall be used to 

determine the NC recoupment charge 

for the sale of the entire system. 

(b) The NC recoupment charge shall 

not apply when a waiver has been 

approved by USD(P), in accordance 

with § 165.7, or when sales are financed 

with USG funds made available on a 

non-repayable basis. Approved revised 

NC recoupment charges shall not be 

applied retroactively to accepted foreign 

military sales agreements. 

(c) When MDE is sold at a reduced 

price due to age or condition, the 

equipment’s NC recoupment charge 

shall be reduced by the same percentage 

reduction. 

(d) The full amount of costs for 

‘‘special’’ research, development, test, 

and evaluation and nonrecurring 

production costs incurred for the benefit 

of particular customers shall be paid by 

those customers. However, when a 

subsequent purchaser requests the same 

specialized features that resulted from 

the added ‘‘special’’ research, 

development, test, and evaluation and 

nonrecurring production costs, a pro 

rata share of those costs may be paid by 

the subsequent purchaser and 

transferred to the original customer if 

those special NCs exceed 50 million 

dollars. The pro rata share may be a unit 

charge determined by the DoD 

Component as a result of distribution of 

the total costs divided by the total 

production. Unless otherwise 

authorized by USD(P), special research, 

development, test, and evaluation and 

nonrecurring production costs will not 

be collected after 10 years have passed 

since the date the original FMS 

customer accepted the FMS Letter of 

Offer and Acceptance (LOA) that 

included the special NC charges. The 

USG shall not be charged any NC 

recoupment charges if it adopts the 

features for its own use or provides 

equipment with such features under a 

U.S. grant aid or similar program. 

(e) Cooperative DoD agreements, to 

include co-production, co-development 

and cooperative development 

agreements, shall use the policy in this 

part to determine the allocation basis for 

recouping the participant investment 

costs from third-party purchasers. Each 

respective DoD agreement shall bind all 

parties to the agreement to comply with 

the policies in this part regarding third 

party sales and for the distribution of 

recouped funds among the parties. 

§ 165.7 Waivers (including reductions). 

(a) Title 22, U.S.C. 2761(e)(1)(B) 

requires the recoupment of a 

proportionate amount of NCs of MDE 

from foreign military sales customers. 

(b) Pursuant to 22 U.S.C. 

2761(e)(2)(A), a waiver or reduction in 

the NC for a specific sale may be made 

if the sale will significantly advance 

U.S. Government interests in: 

(1) Standardization with the North 

Atlantic Treaty Organization. 

(2) Standardization with Australia, 

Israel, Japan, New Zealand, or the 

Republic of Korea in furtherance of 

mutual defense treaties with one or 

more of those countries. 

(3) Foreign procurement in the United 

States under a co-production agreement. 

(c) In accordance with 22 U.S.C. 

2761(e)(2)(B), a waiver may be made if: 

(1) Imposition of an NC recoupment 

charge likely would result in the loss of 

the sale; or, 

(2) The sale is for an MDE also being 

procured for the Military Services, and 

will result in DoD unit cost savings that 

substantially offset the revenue foregone 

by waiving the recoupment charge 

because the total quantity of purchased 

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31402 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 

equipment caused a reduction in the 

unit cost. 

(d) In accordance with 22 U.S.C. 

2761(e)(2)(C), any increase in a NC 

charge previously approved as 

appropriate may be waived for a 

particular sale if the increase results 

from a correction of an estimate of the 

production quantity base that was used 

for calculating the charge. 

(e) Requests for waivers should 

originate with the foreign government 

and shall provide information on the 

extent of standardization to be derived 

as a result of the waiver. 

(1) Blanket waiver requests should not 

be submitted and shall not be 

considered. 

(2) A waiver request shall not be 

considered for a sale that was accepted 

without an NC recoupment charge 

waiver, unless the acceptance was 

conditional on consideration of the 

waiver request. 

(3) Requests for waivers shall be 

processed expeditiously, and approved 

or disapproved by USD(P) within 60 

days of receipt. A waiver in whole or in 

part of the recoupment charge or a 

denial of the request shall be provided 

in writing. 

Dated: May 21, 2013. 

Patricia L. Toppings, 

OSD Federal Register, Liaison Officer, 

Department of Defense. 

[FR Doc. 2013–12411 Filed 5–23–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket Number USCG–2012–1036] 

RIN 1625–AA00; 1625–AA08 

Safety Zones and Special Local 

Regulations; Recurring Marine Events 

in Captain of the Port Long Island 

Sound Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is adding, 

deleting, and modifying safety zones 

and special local regulations and adding 

language to clarify time frames and 

notification requirements for annual 

marine events in the Sector Long Island 

Sound Captain of the Port (COTP) Zone. 

When these regulated areas are activated 

and subject to enforcement, this rule 

will restrict vessels from portions of 

water areas during these recurring 

events. The safety zones and special 

local regulations will facilitate public 

notification of events and provide 

protective measures for the maritime 

public and event participants from the 

hazards associated with these recurring 

events. 

DATES: This rule is effective June 24, 

2013. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2012–1036. 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 Petty Officer Scott Baumgartner, 

Waterways Management Division at 

Coast Guard Sector Long Island Sound, 

telephone 203–468–4559, email 

scott.a.baumgartner@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Barbara 

Hairston, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard promulgated safety 

zones and special local regulations for 

most of the events in the past and 

received no public comments. The most 

recently promulgated rulemaking was 

on April 4, 2013 when the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Safety 

Zones & Special Local Regulation; 

Recurring Marine Events in Captain of 

the Port Long Island Sound Zone’’ in the 

Federal Register (78 FR 20277). 

Prior to the NPRM being published in 

the Federal Register (78 FR 20277), the 

Coast Guard promulgated a similar 

rulemaking on April 4, 2012 when it 

published an NPRM entitled ‘‘Special 

Local Regulation and Safety Zones; 

Marine Events in Captain of the Port 

Sector Long Island Sound Zone’’ in the 

Federal Register (77 FR 20324). That 

NPRM was followed by a final rule 

published on July 5, 2012, entitled, 

‘‘Special Local Regulation and Safety 

Zones; Marine Events in Captain of the 

Port Sector Long Island Sound Zone’’ in 

the Federal Register (77 FR 39633). 

For all of the proposed rulemakings 

listed in this section no public 

comments were received. There were no 

requests received for a public meeting 

and due to the fact that no significant 

issues were identified the Coast Guard 

determined that no public meetings 

were needed. 

B. Basis and Purpose 

The legal basis for this rule is 33 

U.S.C. 1231, 1233; 46 U.S.C. Chapter 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 

CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Public Law 107–295, 116 Stat. 2064; and 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to define regulatory safety zones. 

This regulation carries out four 

related actions: (1) Establish new marine 

event regulated areas, (2) remove old 

safety zones that are no longer needed, 

(3) modify and update some existing 

regulated areas and (4) clarify event 

time frames and notification 

requirements for marine events. This 

will account for new events, remove 

events that are no longer held, and to 

account for modifications to several of 

the recurring marine events that have 

occurred since last year. 

C. Discussion of Comments, Changes 

and the Final Rule 

No comments were received and no 

changes have been made to the final 

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 these statutes and 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. 

We expect the economic impact of 

this rule to be minimal. Although this 

regulation may have some impact on the 

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