[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Rules and Regulations]
[Pages 68342-68343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26996]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 52
[Docket No. USCG-2019-0929]
Board for Correction of Military Records; Technical Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Board for Correction of Military Records of the Coast
Guard (BCMR) is updating its mailing address in the Code of Federal
Regulations. On April 29, 2019 the BCMR moved from 245 Murray Lane,
Washington, DC 20528 to 2707 Martin Luther King Jr. Avenue SE,
Washington, DC 20528. This rule only updates the BCMR's mailing address
for submitting an application for correction of a Coast Guard record
and does not create or change any substantive requirements.
DATES: This final rule is effective on December 16, 2019.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket number USCG-2019-0929, which is available
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Julia Andrews, Chair, BCMR, telephone 202-447-4099, email
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion of the Rule
On April 29, 2019 the Board for Correction of Military Records of
the Coast Guard (BCMR) mailing address changed from 245 Murray Lane,
Washington, DC 20528 to 2707 Martin Luther King Jr. Avenue SE, Stop
0485, Washington, DC 20528-0485. Through this technical amendment, the
BCMR is making a corresponding change to the BCMR's mailing address in
the Code of Federal Regulations (CFR) in 33 CFR 52.21(a). Section
52.21(a) provides the BCMR mailing address for submitting an
application for correction of a Coast Guard record on DD Form 149
(Application for Correction of Military or Naval Record). The BCMR has
already updated the mailing address on the DD Form 149 and the BCMR's
website to reflect the change in address.
This rule is issued under the authority of 5 U.S.C. 552; 14 U.S.C.
501 and 503; and Department of Homeland Security Delegation Nos. 0160.1
and 0170.1.
II. Regulatory History
The Coast Guard 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), this final rule is exempt from notice and public comment
rulemaking requirements because the change involves rules of agency
organization, procedure, or practice. In addition, under 5 U.S.C.
553(b)(B), an agency may waive the notice and comment requirements if
it finds, for good cause, that notice and comment is impracticable,
unnecessary, or contrary to the public interest. The Coast Guard finds
that notice and comment is unnecessary under 5 U.S.C. 553(b)(B) because
the mailing address change is an agency procedural correction that will
have no substantive effect on the public. For the same reasons, the
Coast Guard finds that good cause exists under 5 U.S.C. 553(d) for
making this final rule effective immediately upon publication.
III. Regulatory Analyses
The Coast Guard developed this rule after considering numerous
statutes and executive orders related to rulemaking. Below are
summarized 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 Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs''' (April 5, 2017). 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 change that updates a mailing address is
increased clarity and accuracy of regulations for the public.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, the Coast
Guard has 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 is not preceded by a notice of proposed rulemaking.
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. This rule
consists of a technical amendment to a mailing address and does not
have any substantive effect on the regulated industry or small
businesses.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, the Coast Guard offers 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.
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.
[[Page 68343]]
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. The Coast Guard has analyzed this rule under Executive
Order 13132 and has 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, the Coast Guard does 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
The Coast Guard has 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
The Coast Guard has analyzed this rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). 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, the Coast
Guard did not consider the use of voluntary consensus standards.
M. Environment
The Coast Guard has analyzed this rule under Department of Homeland
Security Instruction Manual 023-01-001-01, Rev. 1, and U.S. Coast Guard
Environmental Planning Policy (COMDTINST 5090.1), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and 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 a non-substantive technical
amendment that updates a mailing address in existing Coast Guard
regulations. Therefore, this rule is categorically excluded under
paragraphs A3 and L54 in Appendix A, Table 1, of DHS Instruction Manual
023-01-001-01, Rev. 1. Paragraphs A3 and L54 pertain to regulations
which are editorial or procedural.
List of Subjects in 33 CFR Part 52
Administrative practice and procedure, Archives and records,
Military personnel.
For the reason stated in the preamble, the Coast Guard amends 33
CFR part 52 as follows:
PART 52--BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST
GUARD
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1. Revise the authority citation for part 52 to read as follows:
Authority: 10 U.S.C. 1552; 14 U.S.C. 501, 633; Department of
Homeland Security Delegations No. 0160.1(II)(B)(1), 0170.1(II)(23).
Sec. 52.21 [Amended]
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2. In Sec. 52.21(a), remove the text, ``Mailstop 485, 245 Murray Lane,
Washington, DC 20528'' and add, in its place, the text ``2707 Martin
Luther King Jr. Avenue SE, Stop 0485, Washington, DC 20528-0485''.
Dated: December 10, 2019.
M.W. Mumbach,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2019-26996 Filed 12-13-19; 8:45 am]
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