Rule2023-10195
Technical, Organizational, and Conforming Amendments; Sector Columbia River, WA and Sector North Bend, OR
Primary source
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Published
May 15, 2023
Effective
May 15, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
This rule makes non-substantive changes to Coast Guard regulations in association with a change in the Coast Guard's internal organization. The purpose of this rule is to reflect the disestablishment of Sector North Bend and reorganization of Sector Columbia River. These changes will have no substantive effect on the regulated public.
Full Text
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<title>Federal Register, Volume 88 Issue 93 (Monday, May 15, 2023)</title>
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[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30898-30899]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10195]
[[Page 30898]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 3
[Docket Number USCG-2023-0223]
Technical, Organizational, and Conforming Amendments; Sector
Columbia River, WA and Sector North Bend, OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect the
disestablishment of Sector North Bend and reorganization of Sector
Columbia River. These changes will have no substantive effect on the
regulated public.
DATES: This rule is effective May 15, 2023.
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-
2023-0223 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 Lieutenant Katie Graichen, District 13 Legal Office, U.S.
Coast Guard; telephone 206-220-7110, email
<a href="/cdn-cgi/l/email-protection#046f65706c61766d6a612a612a6376656d676c616a44717767632a696d68"><span class="__cf_email__" data-cfemail="b4dfd5c0dcd1c6dddad19ad19ad3c6d5ddd7dcd1daf4c1c7d7d39ad9ddd8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and rescue
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard implemented the sector construct to consolidate
earlier organizational structures. Within the Thirteenth Coast Guard
District, Sector Columbia River and Sector North Bend have not fully
conformed to the standard sector construct. In 2013, the Coast Guard
amended 33 CFR part 3 to reflect changes in agency organization by
creating and defining Coast Guard sectors that would ``exercise
specific Search and Rescue Mission Coordinator authority over a
designated portion of an encompassing sector's area of
responsibility.'' See 78 FR 39163 (2013). Sector North Bend was one
such sector, receiving Search and Rescue (SAR) Mission Coordinator
authority over a designated portion of Sector Columbia River's
encompassing area of responsibility. See 33 CFR 3.65-20.
To better align with the standard sector structure and to improve
internal efficiencies, the Coast Guard is reorganizing Sector Columbia
River and Sector North Bend. Specifically, Sector North Bend is being
disestablished, so the regulation granting it special SAR Mission
Coordinator authority is no longer applicable. The geographic
boundaries of Sector Columbia River are not changing, but its office is
moving from Astoria, OR, to Portland, OR.
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.
Operating Facility Change Order (OFCO) No. 034-22 announced the
reorganization of Sector Columbia River and disestablishment of Sector
North Bend. These conforming amendments update the regulation that
describes Sector Columbia River so that it contains current information
and removes the regulation that describes Sector North Bend.
Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
the authority to establish and prescribe the purpose of Coast Guard
Shore establishments. And under 33 CFR 1.05-1(h), the Chief of the
Coast Guard's Office of Regulations and Administrative Law has been
delegated authority to issue technical, organizational, and conforming
amendments and corrections to regulations to reflect changes introduced
by OFCO No. 034-22.
IV. Discussion of the Rule
OFCO No. 034-22 announced the reorganization of Sector Columbia
River and disestablishment of Sector North Bend and this rule reflects
that organizational change in part 3 of Title 33 of the Code of Federal
Regulations. OFCO No. 034-22 did not change Sector Columbia River's
Area of Responsibility (AOR) but it relocated its office location. 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. This rule amends Sec. 3.65-15 to update the
location of Sector Columbia River's office to Portland, OR.
This rule also removes Sec. 3.65-20 because it is no longer
necessary after the disestablishment of Sector North Bend. Sector North
Bend's SAR Mission Coordinator authority specified in Sec. 3.65-20
need not be addressed in Sec. 3.65-15. Sector Columbia River
encompasses the AOR of Sector North Bend and, in conformity with other
sector regulations in 33 CFR part 3, SAR Mission Coordinator authority
need not be specified in Sec. 3.65-15.
Accordingly, this rule does not change Sector Columbia River's
sector, OCMI, or COTP zone boundary lines, nor does it substantively
impact existing regulated navigation area, safety zone, or security
zone regulation, or any naval vessel protection zones. This rule does,
however, revise Sec. 3.01-1 to reflect that after the disestablishment
of Sector North Bend, only one sector remains with specified SAR
Mission Coordinator authority.
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.
[[Page 30899]]
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).
This regulatory action determination is based on the finding that
the disestablishment of Sector North Bend and reorganization 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.''
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. 1, Implementation of the National
Environmental Policy Act.
List of Subjects in 33 CFR Part 3
Organizations and functions (Government agencies).
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 3 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. 501, 504; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.2.
Sec. 3.01-1 [Amended]
0
2. In Sec. 3.01-1(d)(3) remove the words ``Some specified sectors
exercise'' and add, in their place, the words ``A specified sector
exercises''.
0
3. Revise Sec. 3.65-15 to read as follows:
Sec. 3.65-15 Sector Columbia River Marine Inspection Zone and
Captain of the Port Zone.
Sector Columbia River's office is located in Portland, OR. The
boundaries of Sector Columbia River's Marine Inspection and Captain of
the Port Zones start at the Washington coast at latitude 47[deg]32'00''
N, longitude 124[deg]21'15'' W, proceeding along this latitude east to
latitude 47[deg]32'00'' N, longitude 123[deg]18'00'' W; thence south to
latitude 46[deg]55'00'' N, longitude 123[deg]18'00'' W; thence east
along this latitude to the eastern Idaho state line; thence southeast
along the Idaho state line to the intersection of the Idaho-Wyoming
boundary; thence south along the Idaho-Wyoming boundary to the
intersection of the Idaho-Utah-Wyoming boundaries; thence west along
the southern border of Idaho to Oregon and then west along the southern
border of Oregon to the coast at latitude 41[deg]59'54'' N, longitude
124[deg]12'42'' W; thence west along the southern boundary of the
Thirteenth Coast Guard District, which is described in Sec. 3.65-10,
to the outermost extent of the EEZ at latitude 41[deg]38'35'' N,
128[deg]51'26'' W; thence north along the outermost extent of the EEZ
to latitude 47[deg]32'00'' N; thence east to the point of origin.
Sec. 3.65-20 [Removed]
0
4. Remove Sec. 3.65-20.
Dated: May 9, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-10195 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 15, 2023.
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.