81_FR_38706 81 FR 38592 - Renaming of Sector Baltimore as Sector Maryland-National Capital Region; Conforming Amendments

81 FR 38592 - Renaming of Sector Baltimore as Sector Maryland-National Capital Region; Conforming Amendments

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 114 (June 14, 2016)

Page Range38592-38595
FR Document2016-13983

The Coast Guard is amending the Code of Federal Regulations (CFR) to reflect its renaming of Coast Guard Sector Baltimore as Coast Guard Sector Maryland-National Capital Region. These conforming amendments are necessary to ensure the CFR accurately reflects the new command name changes that were approved September 17, 2015. These amendments are not expected to have a substantive impact on the public.

Federal Register, Volume 81 Issue 114 (Tuesday, June 14, 2016)
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38592-38595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13983]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket Number USCG-2016-0060]


Renaming of Sector Baltimore as Sector Maryland-National Capital 
Region; Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending the Code of Federal Regulations 
(CFR) to reflect its renaming of Coast Guard Sector Baltimore as Coast 
Guard Sector Maryland-National Capital Region. These conforming 
amendments are necessary to ensure the CFR accurately reflects the new 
command name changes that were approved September 17, 2015. These 
amendments are not expected to have a substantive impact on the public.

DATES: This rule is effective June 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0060 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Dennis Sens, Fifth Coast Guard District, Prevention 
Division, telephone 757-398-6204, email [email protected].

[[Page 38593]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OFCO Operating Facility Change Order
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 17, 2015, the Coast Guard approved renaming Sector 
Baltimore as Sector Maryland-National Capital Region. The Coast Guard 
is renaming the Sector to more clearly identify the unit's missions and 
area of responsibility to the public.
    We did not publish a notice of proposed rulemaking (NPRM) before 
this final rule. The Coast Guard finds that this rule is exempt from 
notice and comment rulemaking requirements under 5 U.S.C. 553(a)(2) and 
(b)(A) because the changes it makes are conforming amendments involving 
agency management and organization. The Coast Guard also finds good 
cause exists under 5 U.S.C. 553(b)(B) for not publishing an NPRM 
because the changes will have no substantive effect on the public, and 
notice and comment are therefore unnecessary. For the same reasons, the 
Coast Guard finds good cause under 5 U.S.C. 553(d)(3) to make the rule 
effective fewer than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C. 
93. The purpose of this rule is to more clearly identify the functions 
and area of responsibility of this Coast Guard unit to the public. The 
Sector's location and boundaries are described in 33 CFR 3.25-15. The 
previous organization of Sector Baltimore is described and reflected in 
regulations, which also contain contact details and other references to 
Sector Baltimore. These conforming amendments update those regulations 
so that they contain current information under unit name Sector 
Maryland-National Capital Region.

IV. Discussion of the Rule

    This rule amends existing regulations in 33 CFR to reflect the 
renaming of Sector Baltimore as ``Sector Maryland-National Capital 
Region.'' It also removes a temporary section that mentions Sector 
Baltimore, Sec.  165.T05-0767, which we intended to be a rule lasting 6 
hours that was to expire in 2013 but which still appears in the CFR. 
There will be no relocation of units, operational assets or personnel 
due to the renaming of Sector Baltimore. Sector Maryland-National 
Capital Region will retain Captain of the Port, Federal Maritime 
Security Coordinator, Officer in Charge Marine Inspection, Federal on 
Scene Coordinator, and all other authorities, responsibilities and sub-
units, as previously assigned to Sector Baltimore. Only the title of 
these officials will change to reflect the new name of the sector. See 
Operating Facility Change Order (OFCO) No. 007-16 which is available in 
the docket for this rule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. Because this rule involves internal agency organization and 
non-substantive changes, it will not impose any costs on the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. This rule does not require a general NPRM and therefore is 
exempt from the requirements of the Regulatory Flexibility Act. 
Although this rule is exempt, we have considered its potential impact 
on small entities and found that it will not have a significant 
economic impact on a substantial number of small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

[[Page 38594]]

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves internal administrative action involving the renaming a 
Coast Guard unit. It is categorically excluded from further review 
under paragraph 34(b) of Figure 2-1 of the Commandant Instruction.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 3, 100, and 165 as follows:

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

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

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


Sec.  3.25-15  [Amended]

0
2. In Sec.  3.25-15, in the section heading, remove the word 
``Baltimore'' and add in its place the words ``Maryland-National 
Capital Region'' and in the text, remove the word ``Baltimore's'' in 
the first and second sentences and add in its place the words ``Sector 
Maryland-National Capital Region's''.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
3. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


Sec.  100.501  [Amended]

0
4. In Sec.  100.501--
0
a. In paragraph (d)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and
0
b. In the Table to Sec.  100.501, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.T05-0767  [Removed]

0
6. Remove Sec.  165.T05-0767.


Sec.  165.500  [Amended]

0
7. In Sec.  165.500--
0
a. In paragraph (b), remove the word ``Baltimore'' and add, in its 
place, the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2), remove the words ``Baltimore, Maryland'', and 
add, in their place, the words ``Maryland-National Capital Region''.


Sec.  165.502  [Amended]

0
8. In Sec.  165.502, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.505  [Amended]

0
9. In Sec.  165.505, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.506  [Amended]

0
10. In Sec.  165.506--
0
a. In paragraph (c)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and

0
b. In the Table to Sec.  165.506, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.


Sec.  165.507  [Amended]

0
11. In Sec.  165.507--
0
a. In paragraph (a) remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.508  [Amended]

0
12. In Sec.  165.508--
0
a. In paragraph (a) remove paragraph designation (1) and remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.509  [Amended]

0
13. In Sec.  165.509, in paragraphs (a) and (c)(2) and (3), remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places, the words ``Maryland-National Capital Region'', and in 
paragraph (c)(3) remove the words ``Baltimore to'' and add, in their 
place the words ``Sector Maryland-National Capital Region''.


Sec.  165.512  [Amended]

0
14. In Sec.  165.512--
0
a. In paragraph (a)(1), remove the words ``Baltimore, Maryland'' 
wherever they appear, and add, in their places, the words ``Maryland-
National Capital Region''; and remove the words ``Sector Baltimore'' 
and add, in their place, the words ``Sector Maryland-National Capital 
Region''; and

[[Page 38595]]


0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region''.


Sec.  165.513  [Amended]

0
15. In Sec.  165.513--
0
a. In paragraph (a) remove the words ``Port Baltimore'' wherever they 
appear, and add, in their places, the words ``Port, Maryland-National 
Capital Region'' and remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2)-(4), remove the words ``Port Baltimore'' 
wherever they appear, and add, in their places, the words ``Port, 
Maryland-National Capital Region''.


Sec.  165.518  [Amended]

0
16. In Sec.  165.518, in paragraph (c)(7) remove the word ``Baltimore'' 
and add, in its place, the words ``Maryland-National Capital Region'', 
and in paragraph (c)(3) remove the words ``Baltimore to'' and add, in 
their place, the words ``Sector Maryland-National Capital Region''.

    Dated: June 8, 2016.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2016-13983 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P



                                              38592              Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations

                                              education to the members of the Tribe                   § 41.61 Is Diné College eligible to receive           written notice of appeal within 45 days
                                              and other qualified applicants through a                other grants?                                          of the adverse decision. Within 45 days
                                              community college, established by that                    Yes. Eligibility for grants under this               after receiving notice of appeal, the
                                              Tribe, known as Diné College. To that                  subpart does not bar Diné College from                Assistant Secretary will conduct a
                                              end, the regulations in this subpart                    receiving financial assistance under any               formal hearing at which time the Diné
                                              prescribe procedures for providing                      other Federal program.                                 College may present evidence and
                                              financial and technical assistance for                                                                         argument to support its appeal. Within
                                                                                                      § 41.63    How can financial assistance be
                                              Diné College under the NCCA.                           used?                                                  45 days of the hearing, the Assistant
                                                                                                                                                             Secretary will issue a written ruling on
                                              § 41.51   What is the scope of this subpart?               (a) The Diné College must use
                                                                                                                                                             the appeal confirming, modifying or
                                                The regulations in this subpart are                   financial assistance under this subpart
                                                                                                                                                             reversing the decision of the Director. If
                                              applicable to the provision of financial                only for operation and maintenance,
                                                                                                      including educations programs, annual                  the ruling does not reverse the adverse
                                              assistance to Diné College pursuant to                                                                        decision, the Assistant Secretary will
                                              NCCA, title II of the TCCUA.                            capital expenditures, major capital
                                                                                                      improvements, mandatory payments,                      state in detail the basis of his/her ruling.
                                              § 41.53 How does Diné College request                  supplemental student services, and                     The ruling of the Assistant Secretary on
                                              financial assistance?                                   improvement and expansion, as                          an appeal will be final for the
                                                To request financial assistance, Diné                described in 25 U.S.C. 640c–1(b)(1);                   Department.
                                              College must submit an application. The                    (b) The Diné College must not use                    Dated: May 26, 2016.
                                              application must be certified by the                    financial assistance under this subpart                Lawrence S. Roberts,
                                              Diné College chief executive officer and               for religious worship or sectarian                     Acting Assistant Secretary—Indian Affairs.
                                              include:                                                instruction. However, this subpart does                [FR Doc. 2016–14094 Filed 6–13–16; 8:45 am]
                                                (a) A statement of Indian student                     not prohibit instruction about religions,              BILLING CODE 4337–15–P
                                              enrollment and total FTE enrollment for                 cultures or Indian Tribal languages.
                                              the preceding academic year;
                                                (b) A curriculum description, which                   § 41.65    What reports must be provided?
                                              may be in the form of a college catalog                    (a) Diné College must submit on or                 DEPARTMENT OF HOMELAND
                                              or like publication or information                      before December 1st of each year a                     SECURITY
                                              located on the Diné College Web site;                  report that includes:
                                                                                                         (1) An accounting of the amounts and                Coast Guard
                                              and
                                                (c) A proposed budget showing total                   purposes for which Diné College spent
                                                                                                      the financial assistance during the                    33 CFR Parts 3, 100, and 165
                                              expected operating expenses of
                                              educational programs and expected                       preceding academic year;                               [Docket Number USCG–2016–0060]
                                              revenue from all sources for the grant                     (2) The annual cost of Diné College
                                              year.                                                   education programs from all sources for                Renaming of Sector Baltimore as
                                                                                                      the academic year; and                                 Sector Maryland-National Capital
                                              § 41.55   How are grant funds processed?                   (3) A final report of Diné College’s               Region; Conforming Amendments
                                                (a) BIE will identify the budget                      performance based upon the criteria in
                                                                                                      its stated goals, philosophy, or plan of               AGENCY:    Coast Guard, DHS.
                                              request for Diné College separately in its
                                              annual budget justification.                            operation.                                             ACTION:   Final rule.
                                                (b) BIE will not commingle funds                         (b) Diné College must report its FTE
                                                                                                      Indian student enrollment for each                     SUMMARY:    The Coast Guard is amending
                                              appropriated for grants under this
                                                                                                      academic term within six weeks of the                  the Code of Federal Regulations (CFR) to
                                              subpart with appropriations that are
                                                                                                      date it makes the FTE calculation.                     reflect its renaming of Coast Guard
                                              historically expended by the Bureau of
                                                                                                                                                             Sector Baltimore as Coast Guard Sector
                                              Indian Affairs for programs and projects                § 41.67 Can Diné College receive technical            Maryland-National Capital Region.
                                              normally provided on the Navajo                         assistance?                                            These conforming amendments are
                                              Reservation for Navajo beneficiaries.
                                                                                                        Technical assistance will be provided                necessary to ensure the CFR accurately
                                              § 41.57 When will the application be                    to Diné College as noted in § 41.41.                  reflects the new command name
                                              reviewed?                                                                                                      changes that were approved September
                                                                                                      § 41.69 How must Diné College administer
                                                 Within 45 days of receiving the                      its grant?
                                                                                                                                                             17, 2015. These amendments are not
                                              application the BIE will send a grant                                                                          expected to have a substantive impact
                                                                                                        In administering any grant provided
                                              agreement for signature by the Diné                                                                           on the public.
                                                                                                      under this subpart, Diné College must:
                                              College president or his or her designee                  (a) Provide all services or assistance               DATES: This rule is effective June 14,
                                              in an amount determined under                           under this subpart in a fair and uniform               2016.
                                              § 41.29(a). The grant agreement will                    manner;                                                ADDRESSES:   To view documents
                                              incorporate the grant application and                     (b) Not deny admission to any Indian                 mentioned in this preamble as being
                                              include the provisions required by                      student because the student is, or is not,             available in the docket, go to http://
                                              § 41.25.                                                a member of a specific Indian Tribe; and               www.regulations.gov, type USCG–2016–
                                              § 41.59   When will grant funds be paid?
                                                                                                        (c) Comply with part 276 of this                     0060 in the ‘‘SEARCH’’ box and click
                                                                                                      chapter, unless the BIE expressly waives               ‘‘SEARCH.’’ Click on Open Docket
                                                 (a) Initial grant funds will be paid in              specific inappropriate provisions of part
                                              an advance installment of not less than                                                                        Folder on the line associated with this
                                                                                                      276 in response to Diné College’s
sradovich on DSK3TPTVN1PROD with RULES




                                              40 percent of the funds available for                                                                          rule.
                                                                                                      request and its justification for a waiver.
                                              allotment by October 1st.                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                                 (b) The remainder of the grant funds                 § 41.71 Can Diné College appeal an                    you have questions about this rule, call
                                              will be paid by July 1st after the BIE                  adverse decision under a grant agreement               or email Dennis Sens, Fifth Coast Guard
                                              adjusts the amount to reflect any                       by the Director?                                       District, Prevention Division, telephone
                                              overpayments or underpayments made                        Diné College has the right to appeal to             757–398–6204, email
                                              in the first disbursement.                              the Assistant Secretary by filing a                    Dennis.M.Sens@uscg.mil.


                                         VerDate Sep<11>2014   16:33 Jun 13, 2016   Jkt 238001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\14JNR1.SGM   14JNR1


                                                                 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations                                          38593

                                              SUPPLEMENTARY INFORMATION:                              There will be no relocation of units,                  Fairness Act of 1996 (Public Law 104–
                                                                                                      operational assets or personnel due to                 121), we want to assist small entities in
                                              I. Table of Abbreviations
                                                                                                      the renaming of Sector Baltimore. Sector               understanding this rule. If the rule
                                              CFR Code of Federal Regulations                         Maryland-National Capital Region will                  would affect your small business,
                                              DHS Department of Homeland Security                     retain Captain of the Port, Federal                    organization, or governmental
                                              FR Federal Register                                     Maritime Security Coordinator, Officer                 jurisdiction and you have questions
                                              NPRM Notice of proposed rulemaking                      in Charge Marine Inspection, Federal on                concerning its provisions or options for
                                              OFCO Operating Facility Change Order                    Scene Coordinator, and all other                       compliance, please contact the person
                                              § Section                                               authorities, responsibilities and sub-
                                              U.S.C. United States Code                                                                                      listed in the FOR FURTHER INFORMATION
                                                                                                      units, as previously assigned to Sector                CONTACT section.
                                                                                                      Baltimore. Only the title of these
                                              II. Background Information and                                                                                    Small businesses may send comments
                                                                                                      officials will change to reflect the new
                                              Regulatory History                                                                                             on the actions of Federal employees
                                                                                                      name of the sector. See Operating
                                                 On September 17, 2015, the Coast                     Facility Change Order (OFCO) No. 007–                  who enforce, or otherwise determine
                                              Guard approved renaming Sector                          16 which is available in the docket for                compliance with, Federal regulations to
                                              Baltimore as Sector Maryland-National                   this rule.                                             the Small Business and Agriculture
                                              Capital Region. The Coast Guard is                                                                             Regulatory Enforcement Ombudsman
                                              renaming the Sector to more clearly                     V. Regulatory Analyses                                 and the Regional Small Business
                                              identify the unit’s missions and area of                  We developed this rule after                         Regulatory Fairness Boards. The
                                              responsibility to the public.                           considering numerous statutes and                      Ombudsman evaluates these actions
                                                 We did not publish a notice of                       Executive orders related to rulemaking.                annually and rates each agency’s
                                              proposed rulemaking (NPRM) before                       Below we summarize our analyses                        responsiveness to small business. If you
                                              this final rule. The Coast Guard finds                  based on a number of these statutes and                wish to comment on actions by
                                              that this rule is exempt from notice and                Executive orders.                                      employees of the Coast Guard, call 1–
                                              comment rulemaking requirements                                                                                888–REG–FAIR (1–888–734–3247). The
                                              under 5 U.S.C. 553(a)(2) and (b)(A)                     A. Regulatory Planning and Review
                                                                                                                                                             Coast Guard will not retaliate against
                                              because the changes it makes are                           Executive orders 12866 and 13563                    small entities that question or complain
                                              conforming amendments involving                         direct agencies to assess the costs and                about this rule or any policy or action
                                              agency management and organization.                     benefits of available regulatory                       of the Coast Guard.
                                              The Coast Guard also finds good cause                   alternatives and, if regulation is
                                              exists under 5 U.S.C. 553(b)(B) for not                 necessary, to select regulatory                        C. Collection of Information
                                              publishing an NPRM because the                          approaches that maximize net benefits.
                                                                                                      Executive order 13563 emphasizes the                     This rule will not call for a new
                                              changes will have no substantive effect
                                              on the public, and notice and comment                   importance of quantifying both costs                   collection of information under the
                                              are therefore unnecessary. For the same                 and benefits, of reducing costs, of                    Paperwork Reduction Act of 1995 (44
                                              reasons, the Coast Guard finds good                     harmonizing rules, and of promoting                    U.S.C. 3501–3520).
                                              cause under 5 U.S.C. 553(d)(3) to make                  flexibility. This rule has not been                    D. Federalism and Indian Tribal
                                              the rule effective fewer than 30 days                   designated a ‘‘significant regulatory                  Governments
                                              after publication in the Federal                        action,’’ under Executive order 12866.
                                              Register.                                               Accordingly, it has not been reviewed                     A rule has implications for federalism
                                                                                                      by the Office of Management and                        under Executive Order 13132,
                                              III. Legal Authority and Need for Rule                  Budget. Because this rule involves                     Federalism, if it has a substantial direct
                                                 The Coast Guard is issuing this rule                 internal agency organization and non-                  effect on the States, on the relationship
                                              under authority in 14 U.S.C. 93. The                    substantive changes, it will not impose                between the national government and
                                              purpose of this rule is to more clearly                 any costs on the public.                               the States, or on the distribution of
                                              identify the functions and area of                                                                             power and responsibilities among the
                                              responsibility of this Coast Guard unit                 B. Impact on Small Entities
                                                                                                                                                             various levels of government. We have
                                              to the public. The Sector’s location and                   The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                              boundaries are described in 33 CFR                      1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                              3.25–15. The previous organization of                   requires Federal agencies to consider                  with the fundamental federalism
                                              Sector Baltimore is described and                       the potential impact of regulations on                 principles and preemption requirements
                                              reflected in regulations, which also                    small entities during rulemaking. The                  described in Executive Order 13132.
                                              contain contact details and other                       term ‘‘small entities’’ comprises small
                                              references to Sector Baltimore. These                   businesses, not-for-profit organizations                  Also, this rule does not have tribal
                                              conforming amendments update those                      that are independently owned and                       implications under Executive Order
                                              regulations so that they contain current                operated and are not dominant in their                 13175, Consultation and Coordination
                                              information under unit name Sector                      fields, and governmental jurisdictions                 with Indian Tribal Governments,
                                              Maryland-National Capital Region.                       with populations of less than 50,000.                  because it does not have a substantial
                                                                                                      This rule does not require a general                   direct effect on one or more Indian
                                              IV. Discussion of the Rule                              NPRM and therefore is exempt from the                  tribes, on the relationship between the
                                                This rule amends existing regulations                 requirements of the Regulatory                         Federal Government and Indian tribes,
                                              in 33 CFR to reflect the renaming of                    Flexibility Act. Although this rule is                 or on the distribution of power and
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                                              Sector Baltimore as ‘‘Sector Maryland-                  exempt, we have considered its                         responsibilities between the Federal
                                              National Capital Region.’’ It also                      potential impact on small entities and                 Government and Indian tribes. If you
                                              removes a temporary section that                        found that it will not have a significant              believe this rule has implications for
                                              mentions Sector Baltimore, § 165.T05–                   economic impact on a substantial                       federalism or Indian tribes, please
                                              0767, which we intended to be a rule                    number of small entities.                              contact the person listed in the FOR
                                              lasting 6 hours that was to expire in                      Under section 213(a) of the Small                   FURTHER INFORMATION CONTACT section
                                              2013 but which still appears in the CFR.                Business Regulatory Enforcement                        above.


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                                              38594              Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations

                                              E. Unfunded Mandates Reform Act                         in its place the words ‘‘Maryland-                     ■  a. In paragraph (c)(2), remove the
                                                The Unfunded Mandates Reform Act                      National Capital Region’’ and in the                   words ‘‘Sector Baltimore’’ and add, in
                                              of 1995 (2 U.S.C. 1531–1538) requires                   text, remove the word ‘‘Baltimore’s’’ in               their place, the words ‘‘Sector
                                              Federal agencies to assess the effects of               the first and second sentences and add                 Maryland-National Capital Region’’ and
                                              their discretionary regulatory actions. In              in its place the words ‘‘Sector Maryland-              remove the words ‘‘Baltimore,
                                              particular, the Act addresses actions                   National Capital Region’s’’.                           Maryland’’ and add, in their place, the
                                              that may result in the expenditure by a                                                                        words ‘‘Maryland-National Capital
                                                                                                      PART 100—SAFETY OF LIFE ON                             Region’’; and
                                              State, local, or tribal government, in the              NAVIGABLE WATERS
                                              aggregate, or by the private sector of                                                                         ■ b. In the Table to § 165.506, in
                                              $100,000,000 (adjusted for inflation) or                ■ 3. The authority citation for part 100               heading (b.), remove the word
                                              more in any one year. Though this rule                  continues to read as follows:                          ‘‘Baltimore’’ and add, in its place, the
                                              will not result in such an expenditure,                                                                        words ‘‘Maryland-National Capital
                                                                                                          Authority: 33 U.S.C. 1233.
                                              we do discuss the effects of this rule                                                                         Region’’.
                                              elsewhere in this preamble.                             § 100.501    [Amended]
                                                                                                                                                             § 165.507   [Amended]
                                              F. Environment                                          ■  4. In § 100.501—
                                                                                                      ■  a. In paragraph (d)(2), remove the                  ■  11. In § 165.507—
                                                We have analyzed this rule under                      words ‘‘Sector Baltimore’’ and add, in                 ■  a. In paragraph (a) remove the words
                                              Department of Homeland Security                         their place, the words ‘‘Sector                        ‘‘Baltimore, Maryland’’ wherever they
                                              Management Directive 023–01 and                         Maryland-National Capital Region’’ and                 appear, and add, in their places the
                                              Commandant Instruction M16475.lD,                       remove the words ‘‘Baltimore,                          words ‘‘Maryland-National Capital
                                              which guide the Coast Guard in                          Maryland’’ and add, in their place, the                Region’’; and
                                              complying with the National                             words ‘‘Maryland-National Capital                      ■ b. In paragraphs (c)(2) and (3), remove
                                              Environmental Policy Act of 1969 (42                    Region’’; and                                          the words ‘‘Baltimore, Maryland’’
                                              U.S.C. 4321–4370f), and have                            ■ b. In the Table to § 100.501, in                     wherever they appear, and add, in their
                                              determined that this action is one of a                 heading (b.), remove the word                          places the words ‘‘Maryland-National
                                              category of actions that do not                         ‘‘Baltimore’’ and add, in its place, the               Capital Region’’ and in paragraph (c)(3)
                                              individually or cumulatively have a                     words ‘‘Maryland-National Capital                      remove the words ‘‘Baltimore to’’ and
                                              significant effect on the human                         Region’’.                                              add, in their place, the words ‘‘Sector
                                              environment. This rule involves internal                                                                       Maryland-National Capital Region’’.
                                              administrative action involving the                     PART 165—REGULATED NAVIGATION
                                                                                                                                                             § 165.508   [Amended]
                                              renaming a Coast Guard unit. It is                      AREAS AND LIMITED ACCESS AREAS
                                              categorically excluded from further                                                                            ■  12. In § 165.508—
                                              review under paragraph 34(b) of Figure                  ■ 5. The authority citation for part 165               ■  a. In paragraph (a) remove paragraph
                                              2–1 of the Commandant Instruction.                      continues to read as follows:                          designation (1) and remove the words
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            ‘‘Baltimore, Maryland’’ wherever they
                                              List of Subjects                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              appear, and add, in their places the
                                              33 CFR Part 3                                           Department of Homeland Security Delegation             words ‘‘Maryland-National Capital
                                                                                                      No. 0170.1.                                            Region’’; and
                                                Organization and functions
                                                                                                      § 165.T05–0767       [Removed]                         ■ b. In paragraphs (c)(2) and (3), remove
                                              (Government agencies).
                                                                                                                                                             the words ‘‘Baltimore, Maryland’’
                                              33 CFR Part 100                                         ■   6. Remove § 165.T05–0767.                          wherever they appear, and add, in their
                                                Marine safety, Navigation (water),                    § 165.500    [Amended]                                 places the words ‘‘Maryland-National
                                              Reporting and recordkeeping                                                                                    Capital Region’’ and in paragraph (c)(3)
                                                                                                      ■  7. In § 165.500—
                                              requirements, Waterways.                                ■  a. In paragraph (b), remove the word                remove the words ‘‘Baltimore to’’ and
                                                                                                      ‘‘Baltimore’’ and add, in its place, the               add, in their place, the words ‘‘Sector
                                              33 CFR Part 165                                                                                                Maryland-National Capital Region’’.
                                                                                                      words ‘‘Maryland-National Capital
                                                Harbors, Marine safety, Navigation                    Region’’; and                                          § 165.509   [Amended]
                                              (water), Reporting and recordkeeping                    ■ b. In paragraphs (c)(2), remove the
                                              requirements, Security measures,                        words ‘‘Baltimore, Maryland’’, and add,                ■  13. In § 165.509, in paragraphs (a) and
                                              Waterways.                                              in their place, the words ‘‘Maryland-                  (c)(2) and (3), remove the words
                                                For the reasons discussed in the                      National Capital Region’’.                             ‘‘Baltimore, Maryland’’ wherever they
                                              preamble, the Coast Guard amends 33                                                                            appear, and add, in their places, the
                                                                                                      § 165.502    [Amended]                                 words ‘‘Maryland-National Capital
                                              CFR parts 3, 100, and 165 as follows:
                                                                                                      ■ 8. In § 165.502, in paragraph (b)(1),                Region’’, and in paragraph (c)(3) remove
                                              PART 3—COAST GUARD AREAS,                               remove the words ‘‘Baltimore,                          the words ‘‘Baltimore to’’ and add, in
                                              DISTRICTS, SECTORS, MARINE                              Maryland’’, and add, in their place, the               their place the words ‘‘Sector Maryland-
                                              INSPECTION ZONES, AND CAPTAIN                           words ‘‘Maryland-National Capital                      National Capital Region’’.
                                              OF THE PORT ZONES                                       Region’’.                                              § 165.512   [Amended]
                                              ■ 1. The authority citation for part 3                  § 165.505    [Amended]                                 ■ 14. In § 165.512—
                                              continues to read as follows:                           ■ 9. In § 165.505, in paragraph (b)(1),                ■ a. In paragraph (a)(1), remove the
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                                                Authority: 14 U.S.C. 92 & 93; Pub. L. 107–            remove the words ‘‘Baltimore,                          words ‘‘Baltimore, Maryland’’ wherever
                                              296, 116 Stat. 2135; Department of Homeland             Maryland’’, and add, in their place, the               they appear, and add, in their places,
                                              Security Delegation No. 0170.1, para. 2(23).            words ‘‘Maryland-National Capital                      the words ‘‘Maryland-National Capital
                                                                                                      Region’’.                                              Region’’; and remove the words ‘‘Sector
                                              § 3.25–15   [Amended]                                                                                          Baltimore’’ and add, in their place, the
                                              ■ 2. In § 3.25–15, in the section heading,              § 165.506    [Amended]                                 words ‘‘Sector Maryland-National
                                              remove the word ‘‘Baltimore’’ and add                   ■   10. In § 165.506—                                  Capital Region’’; and


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                                                                 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations                                                38595

                                              ■ b. In paragraphs (c)(2) and (3), remove               DATES:  This deviation is effective                      Dated: June 8, 2016.
                                              the words ‘‘Baltimore, Maryland’’                       without actual notice from June 14,                    D.H. Sulouff,
                                              wherever they appear, and add, in their                 2016 until 11:59 p.m. on July 1, 2016.                 District Bridge Chief, Eleventh Coast Guard
                                              places the words ‘‘Maryland-National                    For the purposes of enforcement, actual                District.
                                              Capital Region’’.                                       notice will be used from June 8, 2016,                 [FR Doc. 2016–13987 Filed 6–13–16; 8:45 am]
                                                                                                      until June 14, 2016.                                   BILLING CODE 9110–04–P
                                              § 165.513   [Amended]
                                                                                                      ADDRESSES: The docket for this
                                              ■  15. In § 165.513—                                    deviation, [USCG–2016–0472], is
                                              ■  a. In paragraph (a) remove the words                                                                        DEPARTMENT OF HOMELAND
                                                                                                      available at http://www.regulations.gov.
                                              ‘‘Port Baltimore’’ wherever they appear,                                                                       SECURITY
                                                                                                      Type the docket number in the
                                              and add, in their places, the words
                                                                                                      ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
                                              ‘‘Port, Maryland-National Capital                                                                              Coast Guard
                                                                                                      Click on Open Docket Folder on the line
                                              Region’’ and remove the words
                                                                                                      associated with this deviation.
                                              ‘‘Baltimore, Maryland’’ wherever they                                                                          33 CFR Part 165
                                              appear, and add, in their places the                    FOR FURTHER INFORMATION CONTACT: If
                                              words ‘‘Maryland-National Capital                       you have questions on this temporary
                                                                                                                                                             [Docket Number USCG–2015–1029]
                                              Region’’; and                                           deviation, call or email David H.
                                              ■ b. In paragraphs (c)(2)–(4), remove the               Sulouff, Chief, Bridge Section, Eleventh
                                                                                                      Coast Guard District; telephone 510–                   RIN 1625–AA00
                                              words ‘‘Port Baltimore’’ wherever they
                                              appear, and add, in their places, the                   437–3516, email David.H.Sulouff@
                                                                                                      uscg.mil.                                              Safety Zones; Coast Guard Sector
                                              words ‘‘Port, Maryland-National Capital                                                                        Ohio Valley Annual and Recurring
                                              Region’’.                                               SUPPLEMENTARY INFORMATION:      San                    Safety Zones Update
                                              § 165.518   [Amended]                                   Joaquin County Department of Public
                                                                                                      Works has requested a temporary                        AGENCY:    Coast Guard, DHS.
                                              ■  16. In § 165.518, in paragraph (c)(7)                change to the operation of the San                     ACTION:   Final rule.
                                              remove the word ‘‘Baltimore’’ and add,                  Joaquin County (Bacon Island Road)
                                              in its place, the words ‘‘Maryland-                     highway drawbridge, mile 8.6, over                     SUMMARY:   The Coast Guard is amending
                                              National Capital Region’’, and in                       Middle River, between Bacon Island and                 and updating its safety zones relating to
                                              paragraph (c)(3) remove the words                       Lower Jones Tract, California. The                     recurring fireworks shows and other
                                              ‘‘Baltimore to’’ and add, in their place,               drawbridge navigation span provides                    events that take place in the Coast
                                              the words ‘‘Sector Maryland-National                    approximately 8 feet vertical clearance                Guard Sector Ohio Valley area of
                                              Capital Region’’.                                       above Mean High Water in the closed-                   responsibility (AOR). This rule informs
                                                Dated: June 8, 2016.                                  to-navigation position. The draw                       the public of regularly scheduled events
                                              Katia Kroutil,                                          operates as required by 33 CFR                         that require additional safety measures
                                              Chief, Office of Regulations and                        117.171(a). Navigation on the waterway                 through the establishing of a safety
                                              Administrative Law.                                     is commercial and recreational.                        zone. Through this rulemaking the
                                              [FR Doc. 2016–13983 Filed 6–13–16; 8:45 am]                The drawspan operating machinery                    current list of recurring safety zones is
                                              BILLING CODE 9110–04–P                                  failed unexpectedly on May 28, 2016                    updated with revisions, additional
                                                                                                      and the drawspan will remain secured                   events, and removal of events that no
                                                                                                      in the closed-to-navigation position                   longer take place in Sector Ohio Valley’s
                                              DEPARTMENT OF HOMELAND                                  until 11:59 p.m. on July 1, 2016, to                   AOR. When these safety zones are
                                              SECURITY                                                allow the bridge owner to make                         enforced, certain restrictions are placed
                                                                                                      emergency repairs. This temporary                      on marine traffic in specified areas.
                                              Coast Guard                                             deviation has been coordinated with the                DATES: This rule is effective June 14,
                                                                                                      waterway users. No objections to the                   2016.
                                              33 CFR Part 117                                         proposed temporary deviation were                      ADDRESSES:    To view documents
                                              [Docket No. USCG–2016–0472]                             raised.                                                mentioned in this preamble as being
                                                                                                         Vessels able to pass through the                    available in the docket, go to http://
                                              Drawbridge Operation Regulation;                        bridge in the closed position may do so                www.regulations.gov, type USCG–2015–
                                              Middle River, Between Bacon Island                      at anytime. The bridge will not be able                1029 in the ‘‘SEARCH’’ box and click
                                              and Lower Jones Tract, California                       to open for emergencies. Old River can                 ‘‘SEARCH.’’ Click on Open Docket
                                              AGENCY: Coast Guard, DHS.                               be used as an alternate route for vessels              Folder on the line associated with this
                                              ACTION:Notice of temporary deviation                    unable to pass through the bridge in the               rule.
                                              from drawbridge regulation.                             closed position. The Coast Guard has                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                      also informed waterway users through                   you have questions on this proposed
                                              SUMMARY:    The Coast Guard has issued a                our Local and Broadcast Notices to                     rule, call or email Petty Officer James
                                              temporary deviation from the operating                  Mariners of the change in operating                    Robinson, Sector Ohio Valley, U.S.
                                              schedule that governs the San Joaquin                   schedule for the bridge so that vessel                 Coast Guard; telephone (502) 779–5347,
                                              County (Bacon Island Road) highway                      operators can arrange their transits to                email James.C.Robinson@uscg.mil.
                                              bridge across Middle River, mile 8.6, at                minimize any impact caused by the
                                                                                                      temporary deviation.                                   SUPPLEMENTARY INFORMATION:
                                              between Bacon Island and Lower Jones
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                                              Tract, California. The deviation is                        In accordance with 33 CFR 117.35(e),                I. Table of Abbreviations
                                              necessary to allow the bridge owner to                  the drawbridge must return to its regular
                                                                                                                                                             CFR Code of Federal Regulations
                                              make emergency mechanical and                           operating schedule immediately at the                  DHS Department of Homeland Security
                                              electrical repairs. This deviation allows               end of the effective period of this                    FR Federal Register
                                              the bridge to be secured in the closed-                 temporary deviation. This deviation                    NPRM Notice of proposed rulemaking
                                              to-navigation position during the                       from the operating regulations is                      § Section
                                              deviation period.                                       authorized under 33 CFR 117.35.                        U.S.C. United States Code



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Document Created: 2016-06-14 02:58:55
Document Modified: 2016-06-14 02:58:55
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 June 14, 2016.
ContactIf you have questions about this rule, call or email Dennis Sens, Fifth Coast Guard District, Prevention Division, telephone 757-398-6204, email [email protected]
FR Citation81 FR 38592 
CFR Citation33 CFR 100
33 CFR 165
33 CFR 3
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Waterways; Harbors; Security Measures and Organization and Functions (government Agencies)

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