[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6804-6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02214]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 100, and 165
[Docket Number USCG-2019-0943]
Coast Guard Sector Virgina; Sector Name Conforming Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive amendments to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The amendment describes the name change of ``Sector
Hampton Roads Marine Inspection Zone and Captain of the Port Zone'' to
``Sector Virginia Marine Inspection Zone and Captain of the Port
Zone.'' This rule will have no substantive effect on the regulated
public.
DATES: This rule is effective February 6, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0943 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Commander Eric Matthies, Sector Logistics Division Chief,
U.S. Coast Guard; telephone 757-483-8515, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Sector Hampton Roads leadership made the strategic decision to
submit an Orgnization Modification Request to change the existing unit
name from ``Sector Hampton Roads Marine Insepction Zone and Captain of
the Port Zone'' (Sector Hampton Roads) to ``Sector Virginia Marine
Inspection Zone and Captain of the Port Zone'' (Sector Virginia). The
action was necessary to more accurately reflect the Sector's geographic
operational responsibility and jurisdiction as well as to elimante
confusion and bolster community relations. From a strategic
communications and community relations perspective, keeping the name
``Sector Hampton Roads'' created a unique challenge when working and
coordinating efforts with communities, the media, and government
officials outside of the Hampton Roads region. The name Sector Hampton
Roads created confusion with outlying communities such as those in the
Upper Middle Peninsulas of Virginia as well as the Eastern Shore of
Virginia. By renaming the unit to ``Sector Virginia,'' it more
appropriately identifies the unit to our federal, state, and local
government agency partners, who cohesively service the state of
Virginia, with the exception of the Maryland-National Capital Region.
Also, the name change to ``Sector Virginia'' enhances communications
and formal Coast Guard name recoginition with our port partners who
attend statewide meetings in support of the Area Maritime Security
Committees, Area Committes and Harbor Safety Committees as well as
coordinating incident response during natural disasters and National
Special Security Events. The name change to ``Sector Virginia'' has no
effect on the area of operation boundary lines or existing
organizational structure.
The purpose of this rulemaking is to align the text of Coast Guard
regulations, with a change in the Coast Guard's internal organization.
Specifically, this rule amends 33 CFR 3.25-10, to reflect the changed
sector name from ``Sector Hampton Roads Marine Insepction Zone and
Captain of the Port Zone'' to ``Sector Virginia Marine Inspection Zone
and Captain of the Port Zone'', and makes corresponding changes to 33
CFR 100.501, 165.501, 165.503, 165.504, 165.506, 165.518, and 165.550.
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b) (A) and (B), the Coast Guard
finds that this rule is exempt from notice and comment rulemaking
requirements because these changes involve rules of agency
organization, and good cause exists for not publishing an NPRM because
the changes made are all non-substantive. This rule consists only of
organizational amendments. These changes will have no substantive
effect on the public; therefore, it is unnecessary to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same
reasons, good cause exists for making this rule effective less than 30
days after publication in the Federal Register. The rule makes non-
substantive amendments to Coast Guard regulations, in order to align
with a change in the Coast Guard's internal organization. The amendment
describes the name change from Sector Hampton Roads to Sector Virginia.
This rule will have no substantive effect on the regulated public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated, to establish, change the location of,
maintain, and operate Coast Guard shore establishments. The rule is
needed to reflect a change in the Coast Guard's internal organization.
IV. 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 and
[[Page 6805]]
Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
For the reasons stated in section IV.A above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
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. This rule consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L55 in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
List of Subjects
33 CFR Part 3
Organization and functions (Government agencies).
33 CFR Part 100
Marine safety, Navigation (Water), Reporting and recordkeeping
requirements, Waterways.
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 parts 3, 100, and 165 as follows:
PART 3--SAFETY COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE
INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES
0
1. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23).
Sec. 3.25-10 [Amended]
0
2. In Sec. [thinsp]3.25-10, remove the words ``Hampton Roads''
wherever they appear and add in their place the word ``Virginia''.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
3. The authority for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.501 [Amended]
0
4. In Sec. 100.501, remove the words ``Hampton Roads'' wherever they
appear and add in their place the word ``Virginia''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. The authority citation for part 165 continues to read as follows:
[[Page 6806]]
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. 165.501 [Amended]
0
6. In Sec. 165.501(b), remove the words ``Hampton Roads'' wherever
they appear and add in their place the word ``Virginia''.
Sec. 165.503 [Amended]
0
7. In Sec. 165.503:
0
a. In paragraph (a) amend the definition of ``Designated
Representative'' by removing the words ``Hampton Roads,''; and
0
b. Amend paragraphs (b) and (c) by removing the words ``Hampton Roads''
and adding their place ``Virginia.''
Sec. 165.504 [Amended]
0
8. In Sec. 165.504(c)(1)(vii)(A), remove the words ``Hampton
Roads,''.
Sec. 165.506 [Amended]
0
9. In Sec. 165.506, remove the words ``Hampton Roads'' wherever they
appear and add in their place the word ``Virginia''.
Sec. 165.518 [Amended]
0
10. In Sec. 165.518(c)(7), remove the words ``Hampton Roads'' wherever
they appear and add in their place the word ``Virginia''.
Sec. 165.550 [Amended]
0
11. In Sec. 165.550 (a)(3) and (d)(2)(iii), remove the words ``Hampton
Roads'' wherever they appear and add in their place the word
``Virginia''.
Dated: January 30, 2020.
K.M. Carroll,
Captain, U.S. Coast Guard, Sector Commander.
[FR Doc. 2020-02214 Filed 2-5-20; 8:45 am]
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