Rule2022-16987
Coast Guard Sector Guam; Sector Name Conforming Amendment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2022
Effective
August 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
This rule makes non-substantive amendments to Coast Guard regulations in association with a change in the Coast Guard's internal organization. These amendments reflect that U.S. Coast Guard Sector Guam has been renamed U.S. Coast Guard Forces Micronesia/Sector Guam. This rule will have no substantive effect on the regulated public.
Full Text
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<title>Federal Register, Volume 87 Issue 152 (Tuesday, August 9, 2022)</title>
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[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Pages 48444-48447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16987]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3 and 165
[Docket Number USCG-2022-0429]
Coast Guard Sector Guam; Sector Name Conforming Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive amendments to Coast Guard
regulations in association with a change
[[Page 48445]]
in the Coast Guard's internal organization. These amendments reflect
that U.S. Coast Guard Sector Guam has been renamed U.S. Coast Guard
Forces Micronesia/Sector Guam. This rule will have no substantive
effect on the regulated public.
DATES: This rule is effective August 9, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0429 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Sandra J. Miracle, U.S. Coast Guard; telephone 202-372-
3851, email <a href="/cdn-cgi/l/email-protection#2f7c4e414b5d4e01650162465d4e4c434a6f5a5c4c4801424643"><span class="__cf_email__" data-cfemail="5506343b3127347b1f7b183c273436393015202636327b383c39">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
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
Several years ago, the Coast Guard recognized the need to increase
force allocation to Sector Guam's area of responsibility and asset
presence in Oceania. The multi-year review of Sector Guam's missions
and engagements within the region highlighted that ``Sector Guam''
alone did not adequately capture the breadth and range of Coast Guard
operations and relationships throughout the U.S. Territories of Guam
and the Commonwealth of the Northern Mariana Islands, as well as the
Compact of Free Association States in Micronesia. The Coast Guard has
approved the name change to U.S. Coast Guard Forces Micronesia/Sector
Guam in order to acknowledge the long standing commitment to Oceania
partners and to reaffirm the multi-mission support that the Coast Guard
provides to ensure safety at sea and enhanced maritime governance.
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(b)(A)
because the changes it makes are conforming amendments involving agency
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.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
On February 28, 2022, the Coast Guard changed the official unit
name of U.S. Coast Guard Sector Guam to U.S. Coast Guard Forces
Micronesia/Sector Guam. See Operating Facility Change Order (OFCO) No.
012-22, which is available in the docket for this rule. The previous
name of Sector Guam is described and reflected in regulations, which
also contain contact details and other references to Sector Guam. These
conforming amendments update those regulations so that they contain
current information.
Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
authority to establish and prescribe the purpose of Coast Guard Shore
establishments. This authority has been delegated to the Chief of the
Coast Guard's Office of Regulations and Administrative Law under 33 CFR
1.05-1(h).
IV. Discussion of the Rule
OFCO No. 012-22, issued February 28, 2022, changed the name of U.S.
Coast Guard Sector Guam to U.S. Coast Guard Forces Micronesia/Sector
Guam. This rule simply reflects that name change in parts 3 and 165 of
Title 33 of the Code of Federal Regulations. Part 3 of 33 CFR describes
the location of U.S. Coast Guard districts, sectors, and Captain of the
Port (COTP) and Officer in Charge of Marine Inspections (OCMI) zones.
And part 165 contains regulations for regulated navigation areas,
safety zones, and security zones that make references to Captains of
the Port.
The February 2022 OFCO did not change the area of responsibility
(AOR). The AOR of U.S. Coast Guard Forces Micronesia/Sector Guam is
identical to that of what was U.S. Coast Guard Sector Guam. All
authorities and responsibilities previously assigned to Commander, U.S.
Coast Guard Sector Guam have been assigned to Commander, U.S. Coast
Guard Forces Micronesia/Sector Guam. Additionally, all authorities that
were vested in the Commander, U.S. Coast Guard Sector Guam as it
pertains to the COTP, the OCMI, the Federal On Scene Coordinator, the
Federal Maritime Security Coordinator, and the Search and Rescue
Coordinator, have been assigned to Commander, U.S. Coast Guard Forces
Micronesia/Sector Guam.
This rule does not change any sector, OCMI, or COTP zone boundary
lines, nor does it have any substantive impact on existing regulated
navigation area, safety zone, or security zone regulation, or any naval
vessel protection zones.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
For the reasons stated in section V.A above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''
[[Page 48446]]
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule consists only
of an organizational amendment. It is categorically excluded from
further review under paragraph L3 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01, Implementation of the
National Environmental Policy Act.
List of Subjects
33 CFR Part 3
Organization and functions (Government agencies).
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 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 is revised to read as follows:
Authority: 14 U.S.C. 501, 504; Public Law 107-296, 116 Stat.
2135; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.2.
0
2. Revise Sec. 3.70-15 to read as follows:
Sec. 3.70-15 U.S. Coast Guard Forces Micronesia/Sector Guam Marine
Inspection Zone and Captain of the Port Zone.
U.S. Coast Guard Forces Micronesia/Sector Guam's office is located
in Santa Rita, Guam. The boundaries of U.S. Coast Guard Forces
Micronesia/Sector Guam's Marine Inspection Zone and Captain of the Port
Zone comprise the Territory of Guam and the adjacent waters of the EEZ,
and the Commonwealth of the Northern Mariana Islands and the adjacent
waters of the EEZ. U.S. Coast Guard Forces Micronesia/Sector Guam's
Marine Inspection Zone also includes the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of
Micronesia.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
Sec. 165.1401 [Amended]
0
4. In Sec. 165.1401(b)(3), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
Sec. 165.1402 [Amended]
0
5. In Sec. 165.1402 in paragraph (a) introductory text, remove the
word ``Guam'' and add, in its place, the words ``U.S. Coast Guard
Forces Micronesia/Sector Guam''.
Sec. 165.1404 [Amended]
0
6. In Sec. 165.1404(b), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
Sec. 165.1405 [Amended]
0
7. In Sec. 165.1405 in paragraphs (d)(1), (3) and (6), remove the word
``Guam'' and add, in its place, the words ``U.S. Coast Guard Forces
Micronesia/Sector Guam''.
Sec. 165.1416 [Amended]
0
8. In Sec. 165.1416(a), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
Sec. 165.1417 [Amended]
0
9. In Sec. 165.1417:
0
a. In paragraph (a), remove the word ``Guam'' and add, in its place,
the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
Sec. 165.1418 [Amended]
0
10. In Sec. 165.1418:
0
a. In paragraph (a), remove the words ``Guam Captain of the Port'' and
add, in its place, the words ``U.S. Coast Guard Forces Micronesia/
Sector Guam Captain of the Port''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
[[Page 48447]]
Sec. 165.1419 [Amended]
0
11. In Sec. 165.1419:
0
a. In paragraph (a), remove the words ``Captain of the Port Guam'' and
add, in their place, the words ``Captain of the Port U.S. Coast Guard
Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.
Dated: August 3, 2022.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-16987 Filed 8-8-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.