[Federal Register Volume 75, Number 154 (Wednesday, August 11, 2010)]
[Rules and Regulations]
[Pages 48564-48566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19754]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3 and 165
[Docket No. USCG-2010-0351]
RIN 1625-ZA25
Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments, Sector Columbia River, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive changes throughout our
regulations. The purpose of this rule is to make conforming amendments
and technical corrections to reflect the renaming of Sector Seattle to
Sector Puget Sound as part of the Coast Guard reorganization.
DATES: This final rule is effective 12:01 a.m. on August 16, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0351 and are available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2010-0351 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lt. Matthew Jones, Coast Guard; telephone 206-220-7110,
e-mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b)(3)(A), the Coast Guard finds this rule is
exempt from notice and comment rulemaking requirements because these
changes involve rules of agency organization, procedure, or practice.
In addition, the Coast Guard finds notice and comment procedure are
unnecessary under 5 U.S.C. 553(b)(3)(B) as this rule consists only of
corrections and editorial, organizational, and conforming amendments
and these changes will have no substantive effect on the public.
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 upon
publication in the Federal Register.
Basis and Purpose
This rule makes technical and editorial corrections to Title 33
parts 3 and 165 in the Code of Federal Regulations. This internal
agency reorganization establishes Sector Columbia River and is part of
a process begun in 2004, intended to strengthen unity of command in
Coast Guard port, waterway and coastal areas.
Discussion of Rule
This rule revises 33 CFR parts 3 and 165 to reflect changes in
Coast Guard internal organizational structure. Sector Portland has been
disestablished and Sector Columbia River has been established in its
place. This rule revises 33 CFR parts 3 and 165 to reflect the Sector
Columbia River and Captain of the Port Zone name change in current
regulations. This rule is a technical revision reflecting changes in
agency procedure and organization, and does not indicate new
authorities nor create any substantive requirements.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. Because this rule involves non-
substantive changes and internal agency practices and procedures, it
will not impose any additional costs on the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
We estimate this rule will not impose any additional costs and
should have little or no impact on small entities because the
provisions of this rule are technical and non-substantive, and will
have no substantive effect on the public and will impose no additional
costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 48565]]
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(a) of the Instruction. This rule involves
regulations which are editorial and/or procedural, such as those
updating addresses or establishing application procedures. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 3
Organization and functions (government agencies).
33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
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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 continues to read as follows:
Authority: 14 U.S.C. 92, Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23).
0
2. 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 Astoria, 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.
PART 165-- REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
Sec. 165.1308 [Amended]
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4. In Sec. 165.1308(c), remove the phrase ``Captain of the Port,
Portland, Oregon'' and add, in its place, the phrase ``Captain of the
Port Columbia River''.
Sec. 165.1312 [Amended]
0
5. In Sec. 165.1312(b), remove the phrase ``Coast Guard Captain of the
Port, Portland, Oregon'' and add, in its place, the phrase ``Captain of
the Port Columbia River''.
Sec. 165.1315 [Amended]
0
6. In Sec. 165.1315, in the heading and paragraph (b), remove the
phrase ``Captain of the Port Portland'' and add, in its place, the
phrase ``Captain of the Port Columbia River''.
Sec. 165.1318 [Amended]
0
7. In Sec. 165.1318:
0
a. In the section heading, remove ``Portland, OR Captain of the Port
Zone'' and add, in its place, ``Captain of the Port Columbia River
Zone''.
0
b. In paragraphs (a), (d), (i) and (l) remove the phrase ``Captain of
the Port Portland'' and add, in its place, the phrase ``Captain of the
Port Columbia River''.
Sec. 165.1322 [Amended]
0
8. In Sec. 165.1322, in the section heading remove ``Oregon Captain of
the Port Zone'' and add, in its place
[[Page 48566]]
``Captain of the Port Columbia River Zone''.
Sec. 165.1323 [Amended]
0
8. In Sec. 165.1323, in the section heading remove ``Portland, Oregon
Captain of the Port Zone'' and add, in its place ``, Captain of the
Port Columbia River Zone''.
Dated: August 5, 2010.
Sandra Selman,
Acting Chief, Office of Regulations and Administrative Law, United
States Coast Guard.
[FR Doc. 2010-19754 Filed 8-10-10; 8:45 am]
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