80_FR_20231 80 FR 20159 - Consolidation of Officer in Charge, Marine Inspection for Outer Continental Shelf Activities; Eighth Coast Guard District; Technical, Organizational, and Conforming Amendments

80 FR 20159 - Consolidation of Officer in Charge, Marine Inspection for Outer Continental Shelf Activities; Eighth Coast Guard District; Technical, Organizational, and Conforming Amendments

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 72 (April 15, 2015)

Page Range20159-20163
FR Document2015-08533

The Coast Guard is issuing a final rule establishing a consolidated Officer in Charge, Marine Inspection (OCMI) for the purposes of inspecting mobile offshore drilling units, and fixed and floating facilities, engaged in OCS activities in the Eighth Coast Guard District. This final rule also addresses comments submitted in response to our notice and request for comments related to the consolidation of the OCMI, for OCS activities, and makes other non- substantive changes. This rule will have no substantive effect on the regulated public.

Federal Register, Volume 80 Issue 72 (Wednesday, April 15, 2015)
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20159-20163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08533]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3 and 141

[Docket No. USCG-2013-0491]
RIN 1625-AB88


Consolidation of Officer in Charge, Marine Inspection for Outer 
Continental Shelf Activities; Eighth Coast Guard District; Technical, 
Organizational, and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is issuing a final rule establishing a 
consolidated Officer in Charge, Marine Inspection (OCMI) for the 
purposes of inspecting mobile offshore drilling units, and fixed and 
floating facilities, engaged in OCS activities in the Eighth Coast 
Guard District. This final rule also addresses comments submitted in 
response to our notice and request for comments related to the 
consolidation of the OCMI, for OCS activities, and makes other non-
substantive changes. This rule will have no substantive effect on the 
regulated public.

DATES: This rule is effective May 1, 2015.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket USCG-2013-0491 and are available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also view 
the docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2013-0491 in the ``Search'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Commander Steven Keel, U.S. Coast Guard Headquarters, 
Office of Commercial Vessel Compliance; telephone (202) 372-1230, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History and Information
III. Basis and Purpose
IV. Discussion of Comments Received
V. Discussion of the Rule
VI. Regulatory Analysis
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Business
    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
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NCOE National Center of Expertise
OCMI Officer in Charge, Marine Inspection
OMB Office of Management and Budget
OCS Outer Continental Shelf
Pub. L. Public Law
Sec.  Section Symbol
U.S.C. United States Code

II. Regulatory History and Information

    This rule reflects the internal organization of the Coast Guard's 
Eighth District, and affects administrative procedures such as contact 
information. It is a rule of agency organization,

[[Page 20160]]

procedure, and practice within the meaning of 5 U.S.C. 553(b)(A) and 
under that section no prior notice or opportunity to comment is 
required. Also, the Coast Guard finds for good cause that notice and 
comment procedures are unnecessary under 5 U.S.C. 553(b)(B) because 
this final rule consists only of administrative, organizational, and 
conforming amendments that will have no substantive effect on the 
public. Therefore, we did not publish a notice of proposed rulemaking 
for this final rule, although we did provide for public comment as 
described below.
    Because this is a rule of internal agency organization with no 
substantive impact on the public, we find that good cause exists under 
5 U.S.C. (d)(3) for making this final rule effective immediately upon 
the date specified in the DATES section above.
    On August 7, 2013 we published a notice and request for comments 
(78 FR 48180) informing the public that the Eighth Coast Guard District 
in New Orleans was considering consolidating its OCS marine inspection 
function from six offices to one and invited public comment on making 
such a change. The duties of an OCMI are found in 33 CFR 1.01-20 and 
include inspection of vessels in order to determine that they comply 
with the applicable laws, rules, and regulations relating to safe 
construction, equipment, manning, and operation and that they are in a 
seaworthy condition for the services in which they are operated. 
Currently, the six OCMI field offices in the Eighth District that 
handle OCS matters are located in the following cities: Mobile, 
Alabama; New Orleans, Louisiana; Morgan City, Louisiana; Port Arthur, 
Texas; Houston, Texas, and Corpus Christi, Texas.
    In addition to requesting comments on the efficacy of combining the 
OCS OCMI function, the request offered four different ways in which the 
consolidated Eighth District OCS OCMI could be established using the 
existing organizational structure of the Eighth District. We also asked 
for comments on which city a consolidated Eighth District OCS OCMI 
should be physically located.
    With input received in response to our request, we have decided to 
consolidate OCMI functions for the purposes of inspecting fixed and 
floating facilities, and mobile offshore drilling units (MODUs), in the 
Eighth Coast Guard District, into a single OCMI that will serve as the 
Chief, Outer Continental Shelf Division, on the Eighth District staff 
(hereafter referred to as ``Eighth District OCS OCMI''). For 
simplicity, we have included every Eighth District Marine Inspection 
Zone defined in Title 33, Code of Federal Regulations, Part 3, Subpart 
3.40 in the consolidation even though offshore inspections are not 
usually carried out in the inland rivers.

III. Basis and Purpose

    The legal basis for this rule is provided by 14 U.S. Code (U.S.C.) 
92 and DHS Delegation No. 0170.1(II)(23). Section 92 authorizes the 
Secretary of DHS to ``establish, change the limits of, consolidate, 
discontinue, and re-establish Coast Guard districts'' and ``do any and 
all things necessary to carry out the purposes of'' title 14, 
pertaining to the Coast Guard. The DHS Delegation delegates the 
Secretary's functions to the Commandant of the Coast Guard.
    The purpose of this rule is to make conforming amendments and 
technical corrections specific to agency organization, procedure, and 
practice. These conforming amendments and technical corrections 
consolidate the existing individual OCMI authorities currently within 
the Eighth Coast Guard District into a single OCMI authority.

IV. Discussion of Comments Received

    We received 12 comments on the docket addressing the specific 
questions raised in the request for comments and we also received 
additional comments beyond the scope of those questions. No adverse or 
opposing comments were made and 11 comments expressed support for 
consolidation. An analysis of those comments is as follows:
    a. Should the OCMI function be consolidated? Of the 12 comments 
received, 11 supported the consolidation and one did not comment on 
this question. The reasons cited for supporting the consolidation 
included the belief that doing so would make more efficient use of 
inspection personnel and provide more consistency since decisions 
affecting the regulated industry would be made by one OCMI instead of 
six. Additionally, several commenters suggested that consolidation be 
carried out as promptly as possible, and three responses suggested that 
proper staffing would be critical to the success of the consolidated 
Eighth District OCMI.
    b. Where should the consolidated Eighth District OCMI be placed in 
the organization? Seven commenters made recommendations related to 
location and the remainder had none. The majority recommended that the 
consolidated Eighth District OCS OCMI be located in Houston, Texas or 
New Orleans, Louisiana and one commenter recommended Morgan City or 
Houma, Louisiana. One commenter suggested that desirability of the 
location should be taken into consideration to encourage recruitment 
and retention. The Coast Guard is opting to establish the Eighth 
District OCS OCMI as a staff element of the Eighth District, in New 
Orleans, Louisiana. We believe this provides the most efficient means 
of consolidation and places the Eighth District OCS OCMI in close 
proximity with the Eighth District Commander, increasing the visibility 
of the OCS inspection mission.
    c. Other comments: In addition to providing responses to the 
questions we asked in the notice, several commenters provided concerns 
and recommendations should the OCMI function be consolidated. Several 
commenters expressed concern that the success of an Eighth District OCS 
OCMI would depend on proper staffing levels. We agree. Workforce 
capacity was taken into consideration when determining whether to 
consolidate the OCS function or not. Our workload analysis of the 
Eighth District OCS OCMI model identified a gain in labor efficiency 
equivalent to hiring 1.5 new full time employees creating more workload 
capacity with existing inspectors. Through consolidation, qualified 
marine inspectors from each of the six current OCMI staffs have been 
designated as dedicated OCS inspectors under the new Eighth District 
OCS OCMI with OCS inspection as their primary duty. We believe that 
focusing a core capacity of OCS inspectors will improve service 
delivery to the regulated industry. Additionally, we will continue to 
analyze workload levels for OCS inspection activities and make 
workforce adjustments as necessary.
    Some comments also expressed concern for OCS marine inspector 
proficiency. We believe that overall proficiency under the Eighth 
District OCS OCMI will improve for two reasons. First, the 
consolidation will facilitate movement of OCS inspectors within the 
Eighth District between the MI zones that existed before the 
consolidation to either meet spot workloads or gain experience more 
quickly than they otherwise would have. Second, the Eighth District OCS 
OCMI can serve as a single champion for all OCS inspectors in the 
District and will be better placed to track and improve their 
proficiency development. One commenter also recommended longer tour 
lengths for active duty OCS inspectors and perhaps the addition of more 
long term civilian OCS inspectors to improve proficiency. We agree with 
this comment and are considering its potential future adoption. One

[[Page 20161]]

commenter suggested that OCS marine inspector proficiency could be 
improved by using only Coast Guard civilian personnel who do not serve 
tours like military personnel who regularly rotate out once their tour 
is up. We believe using active duty military personnel provides long 
term benefits to the Coast Guard by forming future leaders who will 
serve in Headquarters where important program decisions impacting the 
offshore energy sector are made.
    One commenter suggested that the OCS National Center of Expertise 
(NCOE) be consolidated into the Eighth District OCS OCMI. We do not 
intend to do so at this time. The NCOE is a Coast Guard Headquarters 
unit that focuses on programmatic issues such as policy and 
standardized training development. We believe that their current 
position in the organization is better aligned with achieving those 
goals than it would be if moved into the OCS OCMI organization within 
the Eighth District.
    One commenter was uncertain as to which office would be responsible 
for conducting marine casualty investigations for reportable incidents 
occurring offshore. The Eighth District OCS OCMI will be responsible 
for investigating marine casualties on fixed and floating OCS 
facilities, and MODUs in the Eighth Coast Guard District.
    One commenter expressed confusion over which vessels and facilities 
the Eighth District OCS OCMI would be responsible for inspecting. The 
Eighth District OCS OCMI will be responsible for inspecting a specific 
fleet of fixed or floating OCS facilities or mobile offshore drilling 
units defined in 33 CFR 140.10. Any other vessel or OCS unit type will 
continue to be inspected by the OCMI described in 33 CFR part 3.40 as 
stated prior to the consolidation. For example, a well intervention 
vessel that is not certificated as a mobile offshore drilling unit will 
continue to be inspected by the cognizant Sector or Marine Safety Unit 
OCMI.
    Vessels and facilities overseen by the Eighth District OCS OCMI are 
fleet specific; any vessel meeting the description above will fall 
under the purview of the Eighth District OCS OCMI regardless of where 
in the Eighth Coast Guard District it may be located.
    One commenter observed that the consolidation of the OCMI function 
fulfills a recommendation of the Coast Guard's Report of Investigation 
in the Circumstances Surrounding the Explosion, Fire, Sinking, and Loss 
of Eleven Crew Members Aboard the Mobile Offshore Drilling Unit 
DEEPWATER HORIZON in the Gulf of Mexico April 20-22, 2010 (Volume I 
pages 110-111).
    One commenter positively noted that the plan to consolidate the 
Eighth District OCS OCMI function could be accomplished in a resource 
neutral way thus gaining efficiency with no additional government 
expense.

V. Discussion of the Rule

    As discussed in Section II above, this rule constitutes a non-
substantive organization change. Beginning May 1, 2015, vessels meeting 
the description set out by this rulemaking will apply to the Eighth 
District OCS OCMI for required inspections instead of the Sector OCMIs 
as was previously the case. The Eighth District OCS OCMI will also 
carry out other traditional OCMI activities such as inspection of 
damage and repairs, as well as unannounced inspections. This rule also 
amends 33 CFR 141.15 to clarify when determinations that affect 
restrictions on employment of persons other than United States citizens 
may be made by the Eighth District OCS OCMI. To apply for an inspection 
after April 30, 2015, or to learn more about the business rules of the 
Eighth District OCS OCMI, please visit their Web site at www.uscg.mil/d8/ocsocmi.asp, available beginning on April 27, 2015.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes or E.O.s.

1. Regulatory Planning and Review

    E.O.s 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. Two additional E.O.s were recently published to 
promote the goals of E.O. 13563: E.O. 13609 (``Promoting International 
Regulatory Cooperation'') and E.O. 13610 (``Identifying and Reducing 
Regulatory Burdens''). E.O. 13609 targets international regulatory 
cooperation to reduce, eliminate, or prevent unnecessary differences in 
regulatory requirements. E.O 13610 aims to modernize the regulatory 
systems and to reduce unjustified regulatory burdens and costs on the 
public.
    The provisions of this final rule are administrative, technical, 
and non-substantive; they will have no substantive effect on the public 
and will impose no additional costs. This final rule consolidates the 
functions and requirements for six existing individual OCMI authorities 
into a single OCMI authority within the Eighth Coast Guard District 
known as the Eighth District OCS OCMI. OCS units meeting the 
description set out by this rulemaking are already required to contact 
an OCMI for mandatory inspections and LODs related to citizenship. 
Under this final rule, such vessels will now contact the Eighth 
District OCS OCMI for these same requirements rather than applying to 
one of six different OCMIs within the Eighth District. Information on 
applying for inspections or receiving an LOD from the Eighth District 
OCS OCMI after April 30, 2015, and more about the business rules of the 
Eighth District OCS OCMI, may be accessed at www.uscg.mil/d8/ocsocmi.asp, which will be available beginning on April 27, 2015. This 
rule does not establish any new regulatory requirements impacting the 
public. Therefore, this final rule is not a significant regulatory 
action under section 3(f) of E.O. 12866 as supplemented by E.O. 13563, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of E.O. 12866. The Office of Management and 
Budget (OMB) has not reviewed it under E.O. 12866.

2. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules 
exempt from the notice and comment requirements of the Administrative 
Procedure Act are not required to examine the impact of the rule on 
small entities. Nevertheless, 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.
    There is no cost to this final rule, and we do not expect it to 
have an impact on small entities because the provisions of this rule 
will have no substantive effect on the public and will impose no 
additional costs. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this final rule will not have a

[[Page 20162]]

significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Mr. Mugo Macharia by phone at 
202-372-1472 or via email at [email protected].
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under E.O. 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 E.O. 13132.

6. 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 1 year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

7. Taking of Private Property

    This final rule will not cause a taking of private property or 
otherwise have taking implications under E.O. 12630 (``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'').

8. Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988 (``Civil Justice Reform''), to minimize 
litigation, eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this final rule under E.O. 13045 (``Protection of 
Children from Environmental Health Risks and Safety Risks''). This 
final 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.

10. Indian Tribal Governments

    This final rule does not have tribal implications under E.O. 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.

11. Energy Effects

    We have analyzed this final rule under E.O. 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'' under E.O. 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of OMB's Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under E.O. 13211.

12. Technical Standards

    This final rule does not use technical standards. Therefore, we did 
not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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. This 
rule is categorically excluded under section 2.B.2, figure 2-1, 
paragraphs (34)(a), (b), and (d) of the Instruction. This final rule 
involves regulations that are editorial or procedural, or that concern 
internal agency functions or organizations. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket for this final rule where indicated under ADDRESSES.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 141

    Citizenship and naturalization, Continental shelf, Employment, 
Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Chapter I as follows:

0
1. The authority for part 3 continues to read as follows:

    Authority: 14 U.S.C. 92 and 93; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.1, para. 2(23).

PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION 
ZONES, AND CAPTAIN OF THE PORT ZONES

0
2. Add Sec.  3.40-5 to read as follows:


Sec.  3.40-5.  Eighth District Outer Continental Shelf Marine 
Inspection Zone.

    (a) A separate marine inspection zone, with an office located in 
New Orleans, Louisiana, performs the OCMI functions defined in 33 CFR 
1.01-20 for all MODUs and fixed and floating OCS facilities, as those 
terms are defined in 33 CFR 140.10, engaged in OCS activities wherever 
located in the Eighth Coast Guard District.
    (b) Notwithstanding the OCMI inspection authority held by Eighth 
Coast Guard District Sector Commanders and Marine Safety Unit 
Commanders in Sec.  3.01-1(d), the Chief, Outer Continental Shelf 
Division at the Eighth Coast Guard District, shall serve as the Officer 
in Charge, Marine Inspection, for this Marine Inspection

[[Page 20163]]

Zone and shall be known as the Eighth District Outer Continental Shelf 
Officer in Charge, Marine Inspection. The District Commander resolves 
any conflict between the functions of this marine inspection zone and 
any geographically based marine inspection zones described in 33 CFR 
3.40-10, 3.40-15, 3.40-28, 3.40-35, 3.40-40, 3.40-60, or 3.40.65.


Sec. Sec.  3.40-10, 3.40-15, 3.40-28, 3.40-35, 3.40-40, 3.40-60, 3.40-
65   [Amended]

0
3. Add the words the words ``Subject to the overriding provisions of 
Sec.  3.40-5,'' in the following places:
0
a. In Sec.  3.40-10, at the beginning of the second sentence;
0
b. In Sec. Sec.  3.40-15 and 3.40-28, at the beginning of the first 
sentence in paragraph (a);
0
c. In Sec. Sec.  3.40-35, 3.40-40, and 3.40-60 at the beginning of the 
second sentence; and
0
d. In Sec.  3.40-65, at the beginning of the first sentence in 
paragraph (a).

PART 141--PERSONNEL

0
4. The authority for part 141 continues to read as follows:

    Authority: 43 U.S.C. 1356; 46 U.S.C. 70105; 49 CFR 1.46(z).


0
5. In Sec.  141.15, redesignate paragraph (c) as paragraph (c)(1) and 
add paragraph (c)(2) to read as follows:


Sec.  141.15  Restrictions on employment.

* * * * *
    (c) * * *
    (2) Determinations in paragraph (c)(1) of this section for all 
MODUs and fixed and floating OCS facilities, as those terms are defined 
in 33 CFR 140.10, operating within the Eighth District Outer 
Continental Shelf Marine Inspection Zone will be made by the Eighth 
District Outer Continental Shelf Officer in Charge, Marine Inspection, 
as defined and described in Sec.  3.40-5 of this chapter.

    Dated: April 9, 2015.
J.C. Burton,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2015-08533 Filed 4-14-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                       Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations                                                           20159

                                                PART 4022—BENEFITS PAYABLE IN                                      Authority: 29 U.S.C. 1302, 1322, 1322b,                       Appendix B to Part 4022—Lump Sum
                                                TERMINATED SINGLE–EMPLOYER                                       1341(c)(3)(D), and 1344.                                        Interest Rates For PBGC Payments
                                                PLANS                                                                                                                            *     *        *      *   *
                                                                                                                 ■ 2. In appendix B to part 4022, Rate Set
                                                ■ 1. The authority citation for part 4022                        259, as set forth below, is added to the
                                                continues to read as follows:                                    table.

                                                                                           For plans with a valuation                                                             Deferred annuities
                                                                                                                               Immediate
                                                                                                     date                                                                             (percent)
                                                             Rate set                                                         annuity rate
                                                                                                                                (percent)
                                                                                           On or after         Before                                   i1                 i2              i3              n1             n2


                                                           *                               *                       *                           *                       *                           *                *
                                                259 ....................................         5–1–15          6–1–15                0.75                  4.00               4.00            4.00            7              8



                                                ■ 3. In appendix C to part 4022, Rate Set                        Appendix C to Part 4022—Lump Sum
                                                259, as set forth below, is added to the                         Interest Rates For Private-Sector
                                                table.                                                           Payments
                                                                                                                 *       *      *       *          *

                                                                                           For plans with a valuation                                                             Deferred annuities
                                                                                                                               Immediate
                                                                                                     date                                                                             (percent)
                                                             Rate set                                                         annuity rate
                                                                                                                                (percent)
                                                                                           On or after         Before                                   i1                 i2              i3              n1             n2


                                                           *                               *                       *                           *                       *                           *                *
                                                259 ....................................         5–1–15          6–1–15                0.75                  4.00               4.00            4.00            7              8



                                                  Issued in Washington, DC, on this 7th day                      notice and request for comments related                         Table of Contents for Preamble
                                                of April 2015.                                                   to the consolidation of the OCMI, for                           I. Abbreviations
                                                Judith Starr,                                                    OCS activities, and makes other non-                            II. Regulatory History and Information
                                                General Counsel, Pension Benefit Guaranty                        substantive changes. This rule will have                        III. Basis and Purpose
                                                Corporation.                                                     no substantive effect on the regulated                          IV. Discussion of Comments Received
                                                [FR Doc. 2015–08636 Filed 4–14–15; 8:45 am]                      public.                                                         V. Discussion of the Rule
                                                BILLING CODE 7709–02–P                                                                                                           VI. Regulatory Analysis
                                                                                                                 DATES:      This rule is effective May 1,                          A. Regulatory Planning and Review
                                                                                                                 2015.                                                              B. Small Entities
                                                                                                                                                                                    C. Assistance for Small Business
                                                DEPARTMENT OF HOMELAND                                           ADDRESSES:   Documents mentioned in                                D. Collection of Information
                                                SECURITY                                                         this preamble as being available in the                            E. Federalism
                                                                                                                 docket, are part of docket USCG–2013–                              F. Unfunded mandates Reform Act
                                                Coast Guard                                                      0491 and are available for inspection or                           G. Taking of Private Property
                                                                                                                 copying at the Docket Management                                   H. Civil Justice Reform
                                                33 CFR Parts 3 and 141                                           Facility (M–30), U.S. Department of                                I. Protection of Children
                                                                                                                 Transportation, West Building Ground                               J. Indian Tribal Governments
                                                [Docket No. USCG–2013–0491]                                      Floor, Room W12–140, 1200 New Jersey                               K. Energy Effects
                                                                                                                                                                                    L. Technical Standards
                                                RIN 1625–AB88                                                    Avenue, Washington, DC 20590,
                                                                                                                                                                                    M. Environment
                                                                                                                 between 9 a.m. and 5 p.m., Monday
                                                Consolidation of Officer in Charge,                              through Friday, except Federal holidays.                        I. Abbreviations
                                                Marine Inspection for Outer                                      You may also view the docket on the                             CFR Code of Federal Regulations
                                                Continental Shelf Activities; Eighth                             Internet by going to http://                                    DHS Department of Homeland Security
                                                Coast Guard District; Technical,                                 www.regulations.gov, inserting USCG–                            E.O. Executive Order
                                                Organizational, and Conforming                                   2013–0491 in the ‘‘Search’’ box, and                            FR Federal Register
                                                Amendments                                                       then clicking ‘‘Search.’’                                       NCOE National Center of Expertise
                                                                                                                                                                                 OCMI Officer in Charge, Marine Inspection
                                                                                                                 FOR FURTHER INFORMATION CONTACT: If
                                                AGENCY:       Coast Guard, DHS.                                                                                                  OMB Office of Management and Budget
                                                                                                                 you have questions on this notice, call                         OCS Outer Continental Shelf
                                                ACTION:      Final rule.                                         or email Commander Steven Keel, U.S.                            Pub. L. Public Law
                                                SUMMARY:    The Coast Guard is issuing a                         Coast Guard Headquarters, Office of                             § Section Symbol
                                                final rule establishing a consolidated                           Commercial Vessel Compliance;                                   U.S.C. United States Code
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                                                Officer in Charge, Marine Inspection                             telephone (202) 372–1230, email
                                                (OCMI) for the purposes of inspecting                            steven.r.keel@uscg.mil. If you have                             II. Regulatory History and Information
                                                mobile offshore drilling units, and fixed                        questions on viewing or submitting                                 This rule reflects the internal
                                                and floating facilities, engaged in OCS                          material to the docket, call Cheryl                             organization of the Coast Guard’s Eighth
                                                activities in the Eighth Coast Guard                             Collins, Program Manager, Docket                                District, and affects administrative
                                                District. This final rule also addresses                         Operations, telephone 202–366–9826.                             procedures such as contact information.
                                                comments submitted in response to our                            SUPPLEMENTARY INFORMATION:                                      It is a rule of agency organization,


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                                                20160            Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations

                                                procedure, and practice within the                      simplicity, we have included every                    Louisiana. One commenter suggested
                                                meaning of 5 U.S.C. 553(b)(A) and                       Eighth District Marine Inspection Zone                that desirability of the location should
                                                under that section no prior notice or                   defined in Title 33, Code of Federal                  be taken into consideration to encourage
                                                opportunity to comment is required.                     Regulations, Part 3, Subpart 3.40 in the              recruitment and retention. The Coast
                                                Also, the Coast Guard finds for good                    consolidation even though offshore                    Guard is opting to establish the Eighth
                                                cause that notice and comment                           inspections are not usually carried out               District OCS OCMI as a staff element of
                                                procedures are unnecessary under 5                      in the inland rivers.                                 the Eighth District, in New Orleans,
                                                U.S.C. 553(b)(B) because this final rule                                                                      Louisiana. We believe this provides the
                                                                                                        III. Basis and Purpose
                                                consists only of administrative,                                                                              most efficient means of consolidation
                                                organizational, and conforming                             The legal basis for this rule is                   and places the Eighth District OCS
                                                amendments that will have no                            provided by 14 U.S. Code (U.S.C.) 92                  OCMI in close proximity with the
                                                substantive effect on the public.                       and DHS Delegation No. 0170.1(II)(23).                Eighth District Commander, increasing
                                                Therefore, we did not publish a notice                  Section 92 authorizes the Secretary of                the visibility of the OCS inspection
                                                of proposed rulemaking for this final                   DHS to ‘‘establish, change the limits of,             mission.
                                                rule, although we did provide for public                consolidate, discontinue, and re-                       c. Other comments: In addition to
                                                comment as described below.                             establish Coast Guard districts’’ and ‘‘do            providing responses to the questions we
                                                   Because this is a rule of internal                   any and all things necessary to carry out             asked in the notice, several commenters
                                                agency organization with no substantive                 the purposes of’’ title 14, pertaining to             provided concerns and
                                                impact on the public, we find that good                 the Coast Guard. The DHS Delegation                   recommendations should the OCMI
                                                cause exists under 5 U.S.C. (d)(3) for                  delegates the Secretary’s functions to                function be consolidated. Several
                                                making this final rule effective                        the Commandant of the Coast Guard.                    commenters expressed concern that the
                                                immediately upon the date specified in                     The purpose of this rule is to make                success of an Eighth District OCS OCMI
                                                the DATES section above.                                conforming amendments and technical                   would depend on proper staffing levels.
                                                   On August 7, 2013 we published a                     corrections specific to agency                        We agree. Workforce capacity was taken
                                                notice and request for comments (78 FR                  organization, procedure, and practice.                into consideration when determining
                                                48180) informing the public that the                    These conforming amendments and                       whether to consolidate the OCS
                                                Eighth Coast Guard District in New                      technical corrections consolidate the                 function or not. Our workload analysis
                                                Orleans was considering consolidating                   existing individual OCMI authorities                  of the Eighth District OCS OCMI model
                                                its OCS marine inspection function from                 currently within the Eighth Coast Guard               identified a gain in labor efficiency
                                                six offices to one and invited public                   District into a single OCMI authority.                equivalent to hiring 1.5 new full time
                                                comment on making such a change. The                                                                          employees creating more workload
                                                                                                        IV. Discussion of Comments Received
                                                duties of an OCMI are found in 33 CFR                                                                         capacity with existing inspectors.
                                                1.01–20 and include inspection of                         We received 12 comments on the                      Through consolidation, qualified marine
                                                vessels in order to determine that they                 docket addressing the specific questions              inspectors from each of the six current
                                                comply with the applicable laws, rules,                 raised in the request for comments and                OCMI staffs have been designated as
                                                and regulations relating to safe                        we also received additional comments                  dedicated OCS inspectors under the
                                                construction, equipment, manning, and                   beyond the scope of those questions. No               new Eighth District OCS OCMI with
                                                operation and that they are in a                        adverse or opposing comments were                     OCS inspection as their primary duty.
                                                seaworthy condition for the services in                 made and 11 comments expressed                        We believe that focusing a core capacity
                                                which they are operated. Currently, the                 support for consolidation. An analysis                of OCS inspectors will improve service
                                                six OCMI field offices in the Eighth                    of those comments is as follows:                      delivery to the regulated industry.
                                                District that handle OCS matters are                      a. Should the OCMI function be                      Additionally, we will continue to
                                                located in the following cities: Mobile,                consolidated? Of the 12 comments                      analyze workload levels for OCS
                                                Alabama; New Orleans, Louisiana;                        received, 11 supported the                            inspection activities and make
                                                Morgan City, Louisiana; Port Arthur,                    consolidation and one did not comment                 workforce adjustments as necessary.
                                                Texas; Houston, Texas, and Corpus                       on this question. The reasons cited for                 Some comments also expressed
                                                Christi, Texas.                                         supporting the consolidation included                 concern for OCS marine inspector
                                                   In addition to requesting comments                   the belief that doing so would make                   proficiency. We believe that overall
                                                on the efficacy of combining the OCS                    more efficient use of inspection                      proficiency under the Eighth District
                                                OCMI function, the request offered four                 personnel and provide more consistency                OCS OCMI will improve for two
                                                different ways in which the                             since decisions affecting the regulated               reasons. First, the consolidation will
                                                consolidated Eighth District OCS OCMI                   industry would be made by one OCMI                    facilitate movement of OCS inspectors
                                                could be established using the existing                 instead of six. Additionally, several                 within the Eighth District between the
                                                organizational structure of the Eighth                  commenters suggested that                             MI zones that existed before the
                                                District. We also asked for comments on                 consolidation be carried out as promptly              consolidation to either meet spot
                                                which city a consolidated Eighth                        as possible, and three responses                      workloads or gain experience more
                                                District OCS OCMI should be physically                  suggested that proper staffing would be               quickly than they otherwise would
                                                located.                                                critical to the success of the                        have. Second, the Eighth District OCS
                                                   With input received in response to                   consolidated Eighth District OCMI.                    OCMI can serve as a single champion
                                                our request, we have decided to                           b. Where should the consolidated                    for all OCS inspectors in the District and
                                                consolidate OCMI functions for the                      Eighth District OCMI be placed in the                 will be better placed to track and
                                                purposes of inspecting fixed and                        organization? Seven commenters made                   improve their proficiency development.
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                                                floating facilities, and mobile offshore                recommendations related to location                   One commenter also recommended
                                                drilling units (MODUs), in the Eighth                   and the remainder had none. The                       longer tour lengths for active duty OCS
                                                Coast Guard District, into a single OCMI                majority recommended that the                         inspectors and perhaps the addition of
                                                that will serve as the Chief, Outer                     consolidated Eighth District OCS OCMI                 more long term civilian OCS inspectors
                                                Continental Shelf Division, on the                      be located in Houston, Texas or New                   to improve proficiency. We agree with
                                                Eighth District staff (hereafter referred to            Orleans, Louisiana and one commenter                  this comment and are considering its
                                                as ‘‘Eighth District OCS OCMI’’). For                   recommended Morgan City or Houma,                     potential future adoption. One


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                                                                 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations                                          20161

                                                commenter suggested that OCS marine                     Mexico April 20–22, 2010 (Volume I                    regulatory requirements. E.O 13610
                                                inspector proficiency could be                          pages 110–111).                                       aims to modernize the regulatory
                                                improved by using only Coast Guard                        One commenter positively noted that                 systems and to reduce unjustified
                                                civilian personnel who do not serve                     the plan to consolidate the Eighth                    regulatory burdens and costs on the
                                                tours like military personnel who                       District OCS OCMI function could be                   public.
                                                regularly rotate out once their tour is up.             accomplished in a resource neutral way                   The provisions of this final rule are
                                                We believe using active duty military                   thus gaining efficiency with no                       administrative, technical, and non-
                                                personnel provides long term benefits to                additional government expense.                        substantive; they will have no
                                                the Coast Guard by forming future                                                                             substantive effect on the public and will
                                                                                                        V. Discussion of the Rule
                                                leaders who will serve in Headquarters                                                                        impose no additional costs. This final
                                                where important program decisions                         As discussed in Section II above, this              rule consolidates the functions and
                                                impacting the offshore energy sector are                rule constitutes a non-substantive                    requirements for six existing individual
                                                made.                                                   organization change. Beginning May 1,                 OCMI authorities into a single OCMI
                                                   One commenter suggested that the                     2015, vessels meeting the description                 authority within the Eighth Coast Guard
                                                OCS National Center of Expertise                        set out by this rulemaking will apply to              District known as the Eighth District
                                                (NCOE) be consolidated into the Eighth                  the Eighth District OCS OCMI for                      OCS OCMI. OCS units meeting the
                                                District OCS OCMI. We do not intend to                  required inspections instead of the                   description set out by this rulemaking
                                                do so at this time. The NCOE is a Coast                 Sector OCMIs as was previously the                    are already required to contact an OCMI
                                                Guard Headquarters unit that focuses on                 case. The Eighth District OCS OCMI will               for mandatory inspections and LODs
                                                programmatic issues such as policy and                  also carry out other traditional OCMI                 related to citizenship. Under this final
                                                standardized training development. We                   activities such as inspection of damage               rule, such vessels will now contact the
                                                believe that their current position in the              and repairs, as well as unannounced                   Eighth District OCS OCMI for these
                                                organization is better aligned with                     inspections. This rule also amends 33                 same requirements rather than applying
                                                achieving those goals than it would be                  CFR 141.15 to clarify when                            to one of six different OCMIs within the
                                                if moved into the OCS OCMI                              determinations that affect restrictions on            Eighth District. Information on applying
                                                organization within the Eighth District.                employment of persons other than                      for inspections or receiving an LOD
                                                                                                        United States citizens may be made by                 from the Eighth District OCS OCMI after
                                                   One commenter was uncertain as to
                                                                                                        the Eighth District OCS OCMI. To apply                April 30, 2015, and more about the
                                                which office would be responsible for
                                                                                                        for an inspection after April 30, 2015, or            business rules of the Eighth District OCS
                                                conducting marine casualty
                                                                                                        to learn more about the business rules                OCMI, may be accessed at
                                                investigations for reportable incidents
                                                                                                        of the Eighth District OCS OCMI, please               www.uscg.mil/d8/ocsocmi.asp, which
                                                occurring offshore. The Eighth District
                                                                                                        visit their Web site at www.uscg.mil/d8/              will be available beginning on April 27,
                                                OCS OCMI will be responsible for
                                                                                                        ocsocmi.asp, available beginning on                   2015. This rule does not establish any
                                                investigating marine casualties on fixed
                                                                                                        April 27, 2015.                                       new regulatory requirements impacting
                                                and floating OCS facilities, and MODUs
                                                                                                                                                              the public. Therefore, this final rule is
                                                in the Eighth Coast Guard District.                     VI. Regulatory Analyses
                                                                                                                                                              not a significant regulatory action under
                                                   One commenter expressed confusion                      We developed this rule after                        section 3(f) of E.O. 12866 as
                                                over which vessels and facilities the                   considering numerous statutes and                     supplemented by E.O. 13563, and does
                                                Eighth District OCS OCMI would be                       executive orders (E.O.s) related to                   not require an assessment of potential
                                                responsible for inspecting. The Eighth                  rulemaking. Below we summarize our                    costs and benefits under section 6(a)(3)
                                                District OCS OCMI will be responsible                   analyses based on these statutes or                   of E.O. 12866. The Office of
                                                for inspecting a specific fleet of fixed or             E.O.s.                                                Management and Budget (OMB) has not
                                                floating OCS facilities or mobile                                                                             reviewed it under E.O. 12866.
                                                offshore drilling units defined in 33 CFR               1. Regulatory Planning and Review
                                                140.10. Any other vessel or OCS unit                       E.O.s 12866 (‘‘Regulatory Planning                 2. Small Entities
                                                type will continue to be inspected by                   and Review’’) and 13563 (‘‘Improving                     Under the Regulatory Flexibility Act
                                                the OCMI described in 33 CFR part 3.40                  Regulation and Regulatory Review’’)                   (5 U.S.C. 601–612), rules exempt from
                                                as stated prior to the consolidation. For               direct agencies to assess the costs and               the notice and comment requirements of
                                                example, a well intervention vessel that                benefits of available regulatory                      the Administrative Procedure Act are
                                                is not certificated as a mobile offshore                alternatives and, if regulation is                    not required to examine the impact of
                                                drilling unit will continue to be                       necessary, to select regulatory                       the rule on small entities. Nevertheless,
                                                inspected by the cognizant Sector or                    approaches that maximize net benefits                 we have considered whether this rule
                                                Marine Safety Unit OCMI.                                (including potential economic,                        would have a significant economic
                                                   Vessels and facilities overseen by the               environmental, public health and safety               impact on a substantial number of small
                                                Eighth District OCS OCMI are fleet                      effects, distributive impacts, and                    entities. The term ‘‘small entities’’
                                                specific; any vessel meeting the                        equity). Executive Order 13563                        comprises small businesses, not-for-
                                                description above will fall under the                   emphasizes the importance of                          profit organizations that are
                                                purview of the Eighth District OCS                      quantifying both costs and benefits, of               independently owned and operated and
                                                OCMI regardless of where in the Eighth                  reducing costs, of harmonizing rules,                 are not dominant in their fields, and
                                                Coast Guard District it may be located.                 and of promoting flexibility. Two                     governmental jurisdictions with
                                                   One commenter observed that the                      additional E.O.s were recently                        populations of less than 50,000.
                                                consolidation of the OCMI function                      published to promote the goals of E.O.                   There is no cost to this final rule, and
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                                                fulfills a recommendation of the Coast                  13563: E.O. 13609 (‘‘Promoting                        we do not expect it to have an impact
                                                Guard’s Report of Investigation in the                  International Regulatory Cooperation’’)               on small entities because the provisions
                                                Circumstances Surrounding the                           and E.O. 13610 (‘‘Identifying and                     of this rule will have no substantive
                                                Explosion, Fire, Sinking, and Loss of                   Reducing Regulatory Burdens’’). E.O.                  effect on the public and will impose no
                                                Eleven Crew Members Aboard the                          13609 targets international regulatory                additional costs. Therefore, the Coast
                                                Mobile Offshore Drilling Unit                           cooperation to reduce, eliminate, or                  Guard certifies under 5 U.S.C. 605(b)
                                                DEEPWATER HORIZON in the Gulf of                        prevent unnecessary differences in                    that this final rule will not have a


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                                                20162            Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations

                                                significant economic impact on a                        will not result in such an expenditure,               Management Directive 023–01 and
                                                substantial number of small entities.                   we do discuss the effects of this rule                Commandant Instruction M16475.lD,
                                                                                                        elsewhere in this preamble.                           which guide the Coast Guard in
                                                3. Assistance for Small Entities
                                                                                                                                                              complying with the National
                                                   Under section 213(a) of the Small                    7. Taking of Private Property
                                                                                                                                                              Environmental Policy Act of 1969 (42
                                                Business Regulatory Enforcement                            This final rule will not cause a taking            U.S.C. 4321–4370f), and have concluded
                                                Fairness Act of 1996 (Pub. L. 104–121),                 of private property or otherwise have                 that this action is one of a category of
                                                we want to assist small entities in                     taking implications under E.O. 12630                  actions that do not individually or
                                                understanding this rule so that they can                (‘‘Governmental Actions and                           cumulatively have a significant effect on
                                                better evaluate its effects on them and                 Interference with Constitutionally                    the human environment. This rule is
                                                participate in the rulemaking. If the rule              Protected Property Rights’’).                         categorically excluded under section
                                                would affect your small business,                       8. Civil Justice Reform                               2.B.2, figure 2–1, paragraphs (34)(a), (b),
                                                organization, or governmental                                                                                 and (d) of the Instruction. This final rule
                                                jurisdiction and you have questions                        This final rule meets applicable
                                                                                                                                                              involves regulations that are editorial or
                                                concerning its provisions or options for                standards in sections 3(a) and 3(b)(2) of
                                                                                                                                                              procedural, or that concern internal
                                                compliance, please consult Mr. Mugo                     E.O. 12988 (‘‘Civil Justice Reform’’), to
                                                                                                                                                              agency functions or organizations. An
                                                Macharia by phone at 202–372–1472 or                    minimize litigation, eliminate
                                                                                                                                                              environmental analysis checklist and a
                                                via email at Mugo.Macharia@uscg.mil.                    ambiguity, and reduce burden.
                                                                                                                                                              categorical exclusion determination are
                                                   Small businesses may send comments                   9. Protection of Children                             available in the docket for this final rule
                                                on the actions of Federal employees                                                                           where indicated under ADDRESSES.
                                                                                                           We have analyzed this final rule
                                                who enforce, or otherwise determine
                                                                                                        under E.O. 13045 (‘‘Protection of                     List of Subjects
                                                compliance with, Federal regulations to
                                                                                                        Children from Environmental Health
                                                the Small Business and Agriculture                                                                            33 CFR Part 3
                                                                                                        Risks and Safety Risks’’). This final rule
                                                Regulatory Enforcement Ombudsman
                                                                                                        is not an economically significant rule                 Organization and functions
                                                and the Regional Small Business
                                                                                                        and would not create an environmental                 (Government agencies).
                                                Regulatory Fairness Boards. The
                                                                                                        risk to health or risk to safety that might
                                                Ombudsman evaluates these actions                                                                             33 CFR Part 141
                                                                                                        disproportionately affect children.
                                                annually and rates each agency’s
                                                responsiveness to small business. If you                10. Indian Tribal Governments                           Citizenship and naturalization,
                                                wish to comment on actions by                                                                                 Continental shelf, Employment,
                                                                                                           This final rule does not have tribal               Reporting and recordkeeping
                                                employees of the Coast Guard, call 1–                   implications under E.O. 13175
                                                888–REG–FAIR (1–888–734–3247). The                                                                            requirements.
                                                                                                        (‘‘Consultation and Coordination with
                                                Coast Guard will not retaliate against                  Indian Tribal Governments’’), because it                For the reasons discussed in the
                                                small entities that question or complain                would not have a substantial direct                   preamble, the Coast Guard amends 33
                                                about this rule or any policy or action                 effect on one or more Indian tribes, on               CFR Chapter I as follows:
                                                of the Coast Guard.                                     the relationship between the Federal                  ■ 1. The authority for part 3 continues
                                                4. Collection of Information                            Government and Indian tribes, or on the               to read as follows:
                                                                                                        distribution of power and                               Authority: 14 U.S.C. 92 and 93; Pub. L.
                                                   This rule calls for no new collection                responsibilities between the Federal                  107–296, 116 Stat. 2135; Department of
                                                of information under the Paperwork                      Government and Indian tribes.                         Homeland Security Delegation No. 0170.1,
                                                Reduction Act of 1995 (44 U.S.C. 3501–                                                                        para. 2(23).
                                                3520).                                                  11. Energy Effects
                                                5. Federalism                                              We have analyzed this final rule                   PART 3—COAST GUARD AREAS,
                                                                                                        under E.O. 13211 (‘‘Actions Concerning                DISTRICTS, SECTORS, MARINE
                                                   A rule has implications for federalism               Regulations That Significantly Affect                 INSPECTION ZONES, AND CAPTAIN
                                                under E.O. 13132 (‘‘Federalism’’) if it                 Energy Supply, Distribution, or Use’’).               OF THE PORT ZONES
                                                has a substantial direct effect on the                  We have determined that it is not a
                                                States, on the relationship between the                 ‘‘significant energy action’’ under that              ■   2. Add § 3.40–5 to read as follows:
                                                national government and the States, or                  order because it is not a ‘‘significant
                                                on the distribution of power and                                                                              § 3.40–5. Eighth District Outer Continental
                                                                                                        regulatory action’’ under E.O. 12866 and              Shelf Marine Inspection Zone.
                                                responsibilities among the various                      is not likely to have a significant
                                                levels of government. We have analyzed                  adverse effect on the supply,                           (a) A separate marine inspection zone,
                                                this rule under that order and have                     distribution, or use of energy. The                   with an office located in New Orleans,
                                                determined that it is consistent with the               Administrator of OMB’s Office of                      Louisiana, performs the OCMI functions
                                                fundamental federalism principles and                   Information and Regulatory Affairs has                defined in 33 CFR 1.01–20 for all
                                                preemption requirements described in                    not designated it as a significant energy             MODUs and fixed and floating OCS
                                                E.O. 13132.                                             action. Therefore, it does not require a              facilities, as those terms are defined in
                                                                                                        Statement of Energy Effects under E.O.                33 CFR 140.10, engaged in OCS
                                                6. Unfunded Mandates Reform Act                                                                               activities wherever located in the Eighth
                                                                                                        13211.
                                                   The Unfunded Mandates Reform Act                                                                           Coast Guard District.
                                                of 1995 (2 U.S.C. 1531–1538) requires                   12. Technical Standards                                 (b) Notwithstanding the OCMI
                                                Federal agencies to assess the effects of                 This final rule does not use technical              inspection authority held by Eighth
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                                                their discretionary regulatory actions. In              standards. Therefore, we did not                      Coast Guard District Sector
                                                particular, the Act addresses actions                   consider the use of voluntary consensus               Commanders and Marine Safety Unit
                                                that may result in the expenditure by a                 standards.                                            Commanders in § 3.01–1(d), the Chief,
                                                State, local, or tribal government, in the                                                                    Outer Continental Shelf Division at the
                                                aggregate, or by the private sector of                  13. Environment                                       Eighth Coast Guard District, shall serve
                                                $100,000,000 (adjusted for inflation) or                  We have analyzed this rule under                    as the Officer in Charge, Marine
                                                more in any 1 year. Though this rule                    Department of Homeland Security                       Inspection, for this Marine Inspection


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                                                                 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations                                               20163

                                                Zone and shall be known as the Eighth                   DEPARTMENT OF HOMELAND                                temporary deviation from the normal
                                                District Outer Continental Shelf Officer                SECURITY                                              operating schedule to facilitate bridge
                                                in Charge, Marine Inspection. The                                                                             construction.
                                                District Commander resolves any                         Coast Guard                                              Under this temporary deviation the
                                                conflict between the functions of this                                                                        Sara M. Long Bridge secondary draw
                                                marine inspection zone and any                          33 CFR Part 117                                       may remain in the closed position from
                                                geographically based marine inspection                  [Docket No. USCG–2015–0222]                           May 15, 2015 through October 31, 2015.
                                                zones described in 33 CFR 3.40–10,                                                                               There is an alternate route for vessel
                                                3.40–15, 3.40–28, 3.40–35, 3.40–40,                     Drawbridge Operation Regulations;                     traffic under the main span of the Sara
                                                3.40–60, or 3.40.65.                                    Piscataqua River, Kittery, ME                         M. Long Bridge. Vessels are advised to
                                                                                                                                                              remain clear of the secondary draw and
                                                                                                        AGENCY: Coast Guard, DHS.                             related construction activities during
                                                §§ 3.40–10, 3.40–15, 3.40–28, 3.40–35, 3.40–
                                                40, 3.40–60, 3.40–65 [Amended]                          ACTION:Notice of deviation from                       this closure. The secondary draw may
                                                                                                        drawbridge regulation.                                be opened in the event of an emergency.
                                                ■  3. Add the words the words ‘‘Subject
                                                                                                        SUMMARY:    The Coast Guard has issued a                 The Coast Guard will inform the users
                                                to the overriding provisions of § 3.40–
                                                                                                        temporary deviation from the operating                of the waterways through our Local and
                                                5,’’ in the following places:                                                                                 Broadcast Notice to Mariners of the
                                                                                                        schedule that governs the Sara M. Long
                                                ■ a. In § 3.40–10, at the beginning of the                                                                    change in operating schedule for the
                                                                                                        Bridge, mile 2.5, across the Piscataqua
                                                second sentence;                                        River between Portsmouth, New                         bridges so that vessels can arrange their
                                                ■ b. In §§ 3.40–15 and 3.40–28, at the                  Hampshire and Kittery, Maine. This                    transits to minimize any impact caused
                                                beginning of the first sentence in                      deviation is necessary to facilitate                  by the temporary deviation.
                                                paragraph (a);                                          bridge construction. This deviation                      In accordance with 33 CFR 117.35(e),
                                                                                                        allows the secondary draw at the Sara                 the drawbridge must return to its regular
                                                ■ c. In §§ 3.40–35, 3.40–40, and 3.40–60                                                                      operating schedule immediately at the
                                                                                                        M. Long Bridge to remain closed to
                                                at the beginning of the second sentence;                                                                      end of the effective period of this
                                                                                                        marine traffic during construction.
                                                and                                                                                                           temporary deviation. This deviation
                                                                                                        DATES: This deviation is effective from
                                                ■ d. In § 3.40–65, at the beginning of the              May 15, 2015 through October 31, 2015.                from the operating regulations is
                                                first sentence in paragraph (a).                                                                              authorized under 33 CFR 117.35.
                                                                                                        ADDRESSES: The docket for this
                                                                                                        deviation, [USCG–2015–0222] is                          Dated: April 6, 2015.
                                                PART 141—PERSONNEL
                                                                                                        available at http://www.regulations.gov.              C.J. Bisignano,
                                                                                                        Type the docket number in the                         Supervisory Bridge Management Specialist,
                                                ■ 4. The authority for part 141                         ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  First Coast Guard District.
                                                continues to read as follows:                           Click on Open Docket Folder on the line               [FR Doc. 2015–08660 Filed 4–14–15; 8:45 am]
                                                  Authority: 43 U.S.C. 1356; 46 U.S.C.                  associated with this deviation. You may               BILLING CODE 9110–04–P
                                                70105; 49 CFR 1.46(z).                                  also visit the Docket Management
                                                                                                        Facility in Room W12–140, on the
                                                ■ 5. In § 141.15, redesignate paragraph                 ground floor of the Department of                     DEPARTMENT OF HOMELAND
                                                (c) as paragraph (c)(1) and add                         Transportation West Building, 1200                    SECURITY
                                                paragraph (c)(2) to read as follows:                    New Jersey Avenue SE., Washington,
                                                                                                        DC 20590, between 9 a.m. and 5 p.m.,                  Coast Guard
                                                § 141.15   Restrictions on employment.                  Monday through Friday, except Federal
                                                *     *     *     *     *                               holidays.                                             33 CFR Part 165
                                                  (c) * * *                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              [Docket Number USCG–2015–0202]
                                                                                                        you have questions on this temporary
                                                  (2) Determinations in paragraph (c)(1)                deviation, contact Ms. Judy K. Leung-                 RIN 1625–AA00
                                                of this section for all MODUs and fixed                 Yee, Project Officer, First Coast Guard
                                                and floating OCS facilities, as those                   District, telephone (212) 514–4330,                   Safety Zone, Eastern Branch Elizabeth
                                                terms are defined in 33 CFR 140.10,                     judy.k.leung-yee@uscg.mil. If you have                River; Norfolk, VA
                                                operating within the Eighth District                    questions on viewing the docket, call
                                                Outer Continental Shelf Marine                          Cheryl Collins, Program Manager,                      AGENCY:    Coast Guard, DHS.
                                                Inspection Zone will be made by the                     Docket Operations, telephone (202)                    ACTION:   Temporary final rule.
                                                Eighth District Outer Continental Shelf                 366–9826.
                                                Officer in Charge, Marine Inspection, as                                                                      SUMMARY:   The Coast Guard is
                                                                                                        SUPPLEMENTARY INFORMATION: The Sara
                                                                                                                                                              establishing a safety zone on the
                                                defined and described in § 3.40–5 of this               M. Long Bridge across the Piscataqua
                                                                                                        River, mile 2.5, between Portsmouth,                  navigable waters of the Eastern Branch
                                                chapter.
                                                                                                        New Hampshire and Kittery, Maine, has                 of the Elizabeth River in support of the
                                                  Dated: April 9, 2015.                                                                                       Old Dominion University (ODU) versus
                                                                                                        a vertical clearance in the closed
                                                J.C. Burton,                                            position of 8 feet at mean high water                 University of Virginia (UVA) Baseball
                                                Captain, U.S. Coast Guard, Director of                  and 18 feet at mean low water.                        Game fireworks event. This safety zone
                                                Inspections and Compliance.                                The secondary draw section will                    will restrict vessel movement in the
                                                [FR Doc. 2015–08533 Filed 4–14–15; 8:45 am]             remain closed during construction. The                specified area during the fireworks
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                        existing bridge operating regulations are             display. This action is necessary to
                                                BILLING CODE 9110–04–P
                                                                                                        found at 33 CFR 117.531(c).                           provide for the safety of life and
                                                                                                           The waterway is transited by seasonal              property on the surrounding navigable
                                                                                                        recreational vessels and commercial                   waters during the fireworks display.
                                                                                                        vessels of various sizes.                             DATES: This rule is effective and
                                                                                                           The bridge owner, Maine Department                 enforced from 9:30 p.m. to 10:30 p.m.
                                                                                                        of Transportation, requested a                        on April 28, 2015.


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Document Created: 2015-12-18 11:12:59
Document Modified: 2015-12-18 11:12:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective May 1, 2015.
ContactIf you have questions on this notice, call or email Commander Steven Keel, U.S. Coast Guard Headquarters, Office of Commercial Vessel Compliance; telephone (202) 372-1230, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 20159 
RIN Number1625-AB88
CFR Citation33 CFR 141
33 CFR 3
CFR AssociatedCitizenship and Naturalization; Continental Shelf; Employment; Reporting and Recordkeeping Requirements and Organization and Functions (government Agencies)

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