82 FR 27614 - Coast Guard Sector, Marine Inspection Zone, and Captain of the Port Zone Structure; Technical Amendment
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 115 (June 16, 2017)
Coast Guard
Federal Register Volume 82, Issue 115 (June 16, 2017)
| Page Range | 27614-27616 | |
| FR Document | 2017-12578 |
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)] [Rules and Regulations] [Pages 27614-27616] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12578] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 3 [Docket Number USCG-2017-0436] Coast Guard Sector, Marine Inspection Zone, and Captain of the Port Zone Structure; Technical Amendment AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule makes non-substantive amendments to Coast Guard regulations in association with a change in the Coast Guard's internal organization. The amendment describes the boundaries of a sector, marine inspection zones, and Captain of the Port zones; and describes the reporting relationship between field units; or reflects a change in the identity of the field unit that is responsible for a particular matter. This rule will have no substantive effect on the regulated public. DATES: This rule is effective June 15, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0436 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Steve Youde at (985) 380-5318 or at steven.m.youde@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History In June 2015, the Coast Guard decided to make a change to the reporting relationship between several of its units within the Eighth District. Specifically, Marine Safety Unit (MSU) Houma, Louisiana, will report directly to Sector [[Page 27615]] New Orleans, Louisiana, and MSU Morgan City, Louisiana, will report to MSU Houma. Currently, MSU Houma reports to MSU Morgan City. This action is needed in order to improve efficiency and increase capabilities by placing resources in closer proximity to work. Coast Guard forces in the MSU Morgan City area of responsibility are currently made up of the parent command at MSU Morgan City, a sub-unit, MSU Houma, located in Houma, and a small detached duty office located in Lafayette. This arrangement was appropriate when Morgan City was the hub of the offshore industry, but the energy boom and associated rise of deepwater exploration and production has made Port Fourchon, located much closer to Houma, the hub of the offshore industry. As a result, the marine safety workload has both increased and moved southeast towards Houma. To a lesser degree, the workload in Lafayette has also increased. This organizational change will transfer the larger command element, including the Captain of the Port (COTP) and Officer in Charge Marine Inspection (OCMI) and several offshore functions, including: Port state control, offshore investigations, and offshore pollution response from Morgan City to Houma. Houma is the central airborne support area for the Gulf of Mexico, the location of the district Bureau of Safety and Environmental Enforcement (BSEE) office, and the location of the Coast Guard's Outer Continental Shelf National Center of Expertise. Houma is a larger city than Morgan City and has better infrastructure to locate most of the Coast Guard Marine Safety functions and resources currently residing in Morgan City. The purpose of this rulemaking is to align the text of 33 CFR 3.40- 15 with a change in the Coast Guard's internal organization. We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under both 5 U.S.C. 553(b) (A) and (B), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements because these changes involve rules of agency organization, and good cause exists for not publishing an NPRM because the changes made are all non-substantive. This rule consists only of organizational amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The rule makes non- substantive amendments to 33 CFR 3.40-15, in order to align with a change in the Coast Guard's internal organization. The rule describes the boundaries of a Sector, marine inspection zones, and Captain of the Port zones; and describes the reporting relationship between field units; or reflects a change in the identity of the field unit that is responsible for a particular matter. This rule will have no substantive effect on the regulated public. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 14 U.S.C 93(a)(2), as delegated, to establish, change the location of, maintain, and operate Coast Guard shore establishments. The rule is needed to reflect a change in the Coast Guard's internal organization. IV. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 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. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. 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. 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. 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 [[Page 27616]] 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 consists only of organizational amendments. It is categorically excluded from further review under paragraph 34(b) of Figure 2-1 of the Commandant Instruction. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 3 Organization and functions (Government agencies). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 3 as follows: PART 3--SAFETY COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES 0 1. The authority citation for part 3 continues to read as follows: Authority: 14 U.S.C. 92 & 93; Pub. L. 107-296, 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1, para. 2(23). Sec. 3.40-15 [Amended] 0 2. In Sec. 3.40-15, remove the words ``Morgan City'' wherever they appear in the section and add in their place the word ``Houma''. Dated: May 25, 2017. W.R. Arguin, Captain, U.S. Coast Guard, Sector Commander. [FR Doc. 2017-12578 Filed 6-13-17; 4:15 pm] BILLING CODE 9110-04-P
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Burma. The scope of the national 1622) and section 1 of E.O. 13742, Dated: June 13, 2017.
emergency with respect to Burma was termination of the national emergency John E. Smith,
modified and additional steps were declared in E.O. 13047, as modified in Director, Office of Foreign Assets Control.
taken to respond to the threat posed by scope by E.O. 13448 and E.O. 13619, [FR Doc. 2017–12557 Filed 6–15–17; 8:45 am]
the actions and policies of the shall not affect any action taken or BILLING CODE 4810–AL–P
Government of Burma in Executive proceeding pending not fully concluded
Order 13310 of July 28, 2003 (E.O. or determined as of 1:00 p.m. eastern
13310); Executive Order 13448 of daylight time on October 7, 2016 (the DEPARTMENT OF HOMELAND
October 18, 2007 (E.O. 13448); effective date of E.O. 13742), any action SECURITY
Executive Order 13464 of April 30, 2008 or proceeding based on any act
(E.O. 13464); Executive Order 13619 of committed prior to the effective date, or Coast Guard
July 11, 2012 (E.O. 13619); and any rights or duties that matured or
Executive Order 13651 of August 6, penalties that were incurred prior to the 33 CFR Part 3
2013 (E.O. 13651). Further actions also effective date.
were taken under Burma sanctions [Docket Number USCG–2017–0436]
statutes, namely the Burmese Freedom Public Participation
and Democracy Act of 2003 (Public Law Coast Guard Sector, Marine Inspection
Because the Regulations involve a Zone, and Captain of the Port Zone
108–61) and the Tom Lantos Block foreign affairs function, the provisions
Burmese JADE (Junta’s Anti-Democratic Structure; Technical Amendment
of Executive Order 12866 and the
Efforts) Act of 2008 (Public Law 110– Administrative Procedure Act (5 U.S.C. AGENCY: Coast Guard, DHS.
286) (JADE Act). 553) requiring notice of proposed ACTION: Final rule.
On May 21, 1998, OFAC issued the
rulemaking, opportunity for public
Burmese Sanctions Regulations, 31 CFR SUMMARY: This rule makes non-
participation, and delay in effective date
part 537 (the ‘‘Regulations’’), as a final substantive amendments to Coast Guard
rule to implement E.O. 13047. The and the provisions of Executive Order
13771 are inapplicable. Because no regulations in association with a change
Regulations were amended and reissued in the Coast Guard’s internal
in their entirety in 2005 to implement notice of proposed rulemaking is
required for this rule, the Regulatory organization. The amendment describes
E.O. 13310, and again in 2014 to the boundaries of a sector, marine
implement E.O. 13448, E.O.13464, E.O. Flexibility Act (5 U.S.C. 601–612) does
not apply. inspection zones, and Captain of the
13619, and E.O. 13651. OFAC also has Port zones; and describes the reporting
amended the Regulations on various Paperwork Reduction Act relationship between field units; or
occasions to add general licenses and reflects a change in the identity of the
make other updates, as well as issued The Paperwork Reduction Act does field unit that is responsible for a
and made available on its Web site not apply because this rule does not particular matter. This rule will have no
several general licenses. impose information collection substantive effect on the regulated
On October 7, 2016, the President requirements that would require the public.
issued Executive Order 13742, approval of the Office of Management
‘‘Termination of Emergency With and Budget under 44 U.S.C. 3501 et seq. DATES: This rule is effective June 15,
Respect to the Actions and Policies of 2017.
List of Subjects in 31 CFR Part 537
the Government of Burma’’ (E.O. 13742). ADDRESSES: To view documents
In E.O. 13742, the President found that Administrative practice and mentioned in this preamble as being
the situation that gave rise to the procedure, Banks, Banking, Blocking of available in the docket, go to http://
declaration of a national emergency in assets, Burma, Credit, Exportation, www.regulations.gov, type USCG–2017–
E.O. 13047, with respect to the actions Foreign Trade, Importation, Imports, 0436 in the ‘‘SEARCH’’ box and click
and policies of the Government of Investments, Jadeite, Loans, New ‘‘SEARCH.’’ Click on Open Docket
Burma, had been significantly altered by investment, Penalties, Reporting and Folder on the line associated with this
Burma’s substantial advances to recordkeeping requirements, Rubies, rule.
promote democracy, including historic Securities, Services, Specially FOR FURTHER INFORMATION CONTACT: If
elections in November 2015 that Designated Nationals. you have questions on this rule, call or
resulted in the former opposition party, email LCDR Steve Youde at (985) 380–
the National League for Democracy, For the reasons set forth in the
5318 or at steven.m.youde@uscg.mil.
winning a majority of seats in the preamble, and under the authority of 3
U.S.C. 301; 50 U.S.C. 1601–1651; Pub. SUPPLEMENTARY INFORMATION:
national parliament and the formation
of a democratically elected, civilian-led L. 110–286, 122 Stat. 2632; E.O. 13047, I. Table of Abbreviations
government; the release of many 62 FR 28301, 3 CFR, 1997 Comp., p.
CFR Code of Federal Regulations
political prisoners; and greater 202; E.O. 13310, 68 FR 44853, 3 CFR,
DHS Department of Homeland Security
enjoyment of human rights and 2003 Comp., p. 241; E.O. 13448, 72 FR FR Federal Register
fundamental freedoms, including 60223, 3 CFR, 2007 Comp., p. 304; E.O. NPRM Notice of proposed rulemaking
freedom of expression and freedom of 13464, 73 FR 24491, 3 CFR, 2008 § Section
association and peaceful assembly. Comp., p. 189; E.O. 13619, 77 FR 41243, U.S.C. United States Code
Accordingly, the President terminated 3 CFR, 2012 Comp., p. 279; E.O. 13651,
the national emergency declared in E.O. 78 FR 48793, 3 CFR, 2014 Comp., p. II. Background Information and
324; and E.O. 13742, 81 FR 70593 Regulatory History
nlaroche on DSK30NT082PROD with RULES
13047, and revoked that order, E.O.
13310, E.O. 13448, E.O. 13464, E.O. (October 12, 2016), OFAC amends 31 In June 2015, the Coast Guard decided
13619, and E.O. 13651. CFR chapter V as follows: to make a change to the reporting
As a result, OFAC is removing the relationship between several of its units
Regulations from the Code of Federal PART 537—[REMOVED] within the Eighth District. Specifically,
Regulations. Pursuant to section 202 of Marine Safety Unit (MSU) Houma,
the National Emergencies Act (50 U.S.C. ■ 1. Remove part 537. Louisiana, will report directly to Sector
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![27616 Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Rules and Regulations
their discretionary regulatory actions. In Dated: May 25, 2017. Coast Guard that it will be sponsoring
particular, the Act addresses actions W.R. Arguin, a high-speed boat race from 8:45 a.m. to
that may result in the expenditure by a Captain, U.S. Coast Guard, Sector 6:15 p.m. daily on June 17, 2017 and
state, local, or tribal government, in the Commander. June 18, 2017 on the Ohio River miles
aggregate, or by the private sector of [FR Doc. 2017–12578 Filed 6–13–17; 4:15 pm] 127.5 to 128.5 in the vicinity of New
$100,000,000 (adjusted for inflation) or BILLING CODE 9110–04–P Martinsville, WV.
more in any one year. Though this rule The Coast Guard is issuing this
will not result in such an expenditure, temporary rule without prior notice and
DEPARTMENT OF HOMELAND opportunity to comment pursuant to
we do discuss the effects of this rule
SECURITY authority under section 4(a) of the
elsewhere in this preamble.
Administrative Procedure Act (APA) (5
F. Environment Coast Guard U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
We have analyzed this rule under 33 CFR Part 100 without prior notice and opportunity to
Department of Homeland Security [Docket Number USCG–2017–0435] comment when the agency for good
Management Directive 023–01 and cause finds that those procedures are
Commandant Instruction M16475.lD, RIN 1625–AA08 ‘‘impracticable, unnecessary, or contrary
which guide the Coast Guard in to the public interest.’’ Under 5 U.S.C.
Special Local Regulation; Ohio River, 553(b) (B), the Coast Guard finds that
complying with the National
New Martinsville, WV good cause exists for not publishing a
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM)
determined that this action is one of a ACTION: Temporary final rule. with respect to this rule because it is
category of actions that do not impracticable. We must establish this
individually or cumulatively have a SUMMARY: The Coast Guard is safety zone by June 17, 2017 and lack
establishing a temporary special local sufficient time to provide a reasonable
significant effect on the human
regulation for all navigable waters, comment period and then consider
environment. This rule consists only of
surface to bottom, of the Ohio River those comments before issuing the rule.
organizational amendments. It is We are issuing this rule, and under 5
miles 127.5 to 128.5. This action is
categorically excluded from further necessary to provide for the safety of life U.S.C. 553(d)(3), the Coast Guard finds
review under paragraph 34(b) of Figure on these navigable waters near New that good cause exists for making it
2–1 of the Commandant Instruction. Martinsville, WV during a high-speed effective less than 30 days after
G. Protest Activities boat race on June 17, 2017 and June 18, publication in the Federal Register.
2017. This regulation prohibits persons This rule is necessary for the safety of
The Coast Guard respects the First and vessels from being in the regulated life during the high-speed boat race on
Amendment rights of protesters. area unless authorized by the Captain of these navigable waters. It would be
Protesters are asked to contact the the Port Ohio Valley or a designated impracticable to delay this rule to
person listed in the FOR FURTHER representative. provide a full 30 days notice because
INFORMATION CONTACT section to DATES: This rule is effective from 8:45 the event is scheduled, under
coordinate protest activities so that your a.m. to 6:15 p.m. on June 17, 2017 and contractual obligation and advertised to
message can be received without June 18, 2017. the local community to take place on
jeopardizing the safety or security of June 17, 2017 and June 18, 2017.
ADDRESSES: To view documents
people, places or vessels. mentioned in this preamble as being III. Legal Authority and Need for Rule
List of Subjects in 33 CFR Part 3 available in the docket, go to http:// The Coast Guard is issuing this rule
www.regulations.gov, type USCG–2017– under authority in 33 U.S.C. 1233. The
Organization and functions 0435 in the ‘‘SEARCH’’ box and click Captain of the Port Ohio Valley (COTP)
(Government agencies). ‘‘SEARCH.’’ Click on Open Docket has determined that potential hazards
Folder on the line associated with this associated with the high-speed boat race
For the reasons discussed in the rule.
preamble, the Coast Guard amends 33 to occur on June 17, 2017 and June 18,
FOR FURTHER INFORMATION CONTACT: If 2017, present a safety concern for
CFR part 3 as follows: you have questions on this rule, call or anyone within the regulated area. The
email Petty Officer Robert Miller, purpose of this rulemaking is to ensure
PART 3—SAFETY COAST GUARD
Marine Safety Unit Huntington, U.S. the safety of people and property within
AREAS, DISTRICTS, SECTORS, Coast Guard; telephone 304–733–0198,
MARINE INSPECTION ZONES, AND the regulated area before, during, and
email Robert.A.Miller2@uscg.mil. after the scheduled event.
CAPTAIN OF THE PORT ZONES
SUPPLEMENTARY INFORMATION:
IV. Discussion of Comments, Changes,
■ 1. The authority citation for part 3 I. Table of Abbreviations and the Rule
continues to read as follows: This rule establishes a temporary
CFR Code of Federal Regulations
Authority: 14 U.S.C. 92 & 93; Pub. L. 107– DHS Department of Homeland Security special local regulation from 8:45 a.m.
296, 116 Stat. 2135; Department of Homeland FR Federal Register to 6:15 p.m. on June 17, 2017 and June
Security Delegation No. 0170.1, para. 2(23). NPRM Notice of proposed rulemaking 18, 2017. The temporary special local
§ Section regulation will cover all navigable
nlaroche on DSK30NT082PROD with RULES
§ 3.40–15 [Amended] U.S.C. United States Code waters, surface to bottom, from mile
127.5 to 128.5 on the Ohio River in the
■ 2. In § 3.40–15, remove the words II. Background Information and vicinity of New Martinsville, WV. The
‘‘Morgan City’’ wherever they appear in Regulatory History duration of the regulated area is
the section and add in their place the On May 11, 2017, the New intended to ensure the safety of vessels
word ‘‘Houma’’. Martinsville Vintage Regatta notified the and these navigable waters before,
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Document Created: 2017-06-16 00:52:32
Document Modified: 2017-06-16 00:52:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 15, 2017. | |
| Contact | If you have questions on this rule, call or email LCDR Steve Youde at (985) 380-5318 or at [email protected] | |
| FR Citation | 82 FR 27614 |
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