[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Rules and Regulations]
[Pages 13508-13511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5731]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 3
[Docket No. USCG-2009-0929]
RIN 1625-ZA29
Ninth Coast Guard District Sector Realignment; Northern Lake
Michigan and Lake Huron
AGENCY: Coast Guard, DHS.
ACTION: Final Rule.
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SUMMARY: This rule makes nonsubstantive, technical changes to Title 33
of the CFR to reflect the realignment of boundaries shared among Sector
Lake Michigan, Sector Detroit, and Sector Sault Ste. Marie. This action
is taken to rebalance workload and span of control among Ninth District
sector commands. These changes affect internal Coast Guard organization
and functioning only and will have no substantive effect on mariners or
other members of the public.
DATES: This final rule is effective at 12:00:01 EDT on April 1, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0929 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-0929 in the
``Keyword'' box, and then clicking ``Search.'' They are also 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Doug McCann, Ninth District Resources Planning
Branch, U.S. Coast Guard, telephone 216-902-6008, 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:
[[Page 13509]]
Regulatory Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the rule involves ``agency organization''
or when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(A), the Coast Guard finds that with respect to
this rule the requirement to publish a notice of proposed rulemaking
(NPRM) does not apply because these changes merely involve agency
organization. Also, the Coast Guard finds, under 5 U.S.C. 553(b)(B),
that good cause exists for not publishing an NPRM with respect to this
rule because it is unnecessary. Comments are unnecessary because they
would not change the Coast Guard's internal delegation of authority or
duties among the Ninth District's sector commands nor would they
provide expertise regarding Coast Guard functions.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because these changes affect
internal Coast Guard organization and functioning only and will have no
substantive effect on the public.
Background and Purpose
On July 2, 2007, in order to reflect the establishment of the new
system of sector commands, the Coast Guard extensively revised 33 CFR
part 3. That revision included various changes to the Coast Guard's
internal organization to include the reassignment of Station Charlevoix
and Station Alpena from Group Sault Ste. Marie to Sectors Lake Michigan
and Detroit, respectively. That reassignment was done in order to have
all units on Lake Michigan assigned to one sector and all units on Lake
Huron assigned to another. The Coast Guard has decided, however, to
further adjust sector boundaries to provide a more balanced workload
and span of control among Ninth District sectors. An effect of this
boundary adjustment is that Stations Charlevoix and Alpena will be
reassigned to Sector Sault Ste. Marie.
In addition to balancing workload and span of control, this
realignment will also enhance planning and coordination with our
maritime partners. Specifically, these changes will align Ninth
District sectors more closely with Customs and Border Protection,
Immigration and Customs Enforcement, Environmental Protection Agency,
Chippewa Ottawa Resource Authority, and the Tri-County 911 Center
servicing Charlevoix, Cheboygan, and Emmet counties. This alignment is
expected to improve cooperation, consistency, and efficiency in
maritime security, safety, and environmental response. This rule is not
intended or expected to require any new actions on the part of the
public.
Discussion of Rule
Generally, this rule expands Sector Sault Ste. Marie's Area of
Responsibility (AOR). Its new AOR will encompass Grand Traverse Bay,
other northern portions of Lake Michigan, and additional portions of
northern Lake Huron. To accomplish this realignment, this rule amends
33 CFR 3.45-15, 3.45-20, and 3.45-45, which define the boundaries of
Sector Lake Michigan, Sector Detroit, and Sector Sault Ste. Marie
respectively.
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. As this rule involves internal agency
organization and non-substantive changes, it will not impose any 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.
This rule does not require a general notice of proposed rulemaking and
therefore, is exempt from the requirements of the Regulatory
Flexibility Act.
Although this rule is exempt, we have reviewed this rule for
potential economic impacts on small entities. We found that that this
rule will not have a significant economic impact on a substantial
number of small entities. This rule will not have a significant
economic impact on a substantial number of small entities because it
involves internal agency organization and non-substantive changes.
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 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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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 will not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
[[Page 13510]]
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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(b), of the Instruction. This rule concerns Coast Guard
internal functions and organization in that it redefines certain sector
boundaries. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
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--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. 3.45-15 to read as follows:
Sec. 3.45-15 Sector Lake Michigan Marine Inspection Zone and Captain
of the Port Zone.
Sector Lake Michigan's office is located in Milwaukee, WI. The
boundaries of Sector Lake Michigan's Marine Inspection Zone and Captain
of the Port Zone include all navigable waters of the United States and
contiguous land areas within the boundaries of an area starting from a
point at latitude 44[deg]43'00'' N, longitude 84[deg]30'00'' W,
proceeding due west to longitude 85[deg]40'00'' W; thence northwest to
the eastern shore of Lake Michigan at latitude 45[deg]01'00'' N; thence
northwest to latitude 45[deg]22'30'' N, longitude 86[deg]19'00'' W;
thence northeast to latitude 45[deg]41'00'' N, longitude 86[deg]06'00''
W; thence northwest to latitude 46[deg]20'00'' N, longitude
87[deg]22'00'' W; thence west to latitude 46[deg]20'00'' N, longitude
90[deg]00'00'' W; thence south to latitude 41[deg]00'00'' N; thence
east to the Ohio-Indiana border at latitude 41[deg]00'00'' N, longitude
84[deg]48'12'' W; thence north along the Ohio-Indiana border to the
intersection of the Ohio-Indiana-Michigan border at latitude
41[deg]41'59'' N, longitude 84[deg]48'22'' W; thence east along the
Ohio-Michigan border to latitude 41[deg]42'13'' N, longitude
84[deg]30'00'' W; thence north to the start point.
0
3. Revise Sec. 3.45-20 to read as follows:
Sec. 3.45-20 Sector Detroit Marine Inspection Zone and Captain of the
Port Zone.
Sector Detroit's office is located in Detroit, MI. The boundaries
of Sector Detroit's Marine Inspection Zone and Captain of the Port Zone
include all navigable waters of the United States and contiguous land
areas within the boundaries of an area starting from a point at
latitude 41[deg]00'00'' N, longitude 84[deg]48'12'' W on the Ohio-
Indiana boundary, proceeding east to longitude 82[deg]25'00'' W; thence
north to the international boundary in Lake Erie at latitude
41[deg]40'36'' N, longitude 82[deg]25'00'' W; thence north along the
international boundary to latitude 44[deg]43'00'' N in Lake Huron;
thence due west to latitude 44[deg]43'00'' N, longitude 84[deg]30'00''
W; thence south to the Michigan-Ohio boundary at latitude
41[deg]42'13'' N; thence west along the Michigan-Ohio boundary to the
Ohio-Michigan-Indiana boundary at latitude 41[deg]41'46'' N, longitude
84[deg]48'22'' W; thence south along the Ohio-Indiana boundary to the
starting point.
0
4. Revise Sec. 3.45-45 to read as follows:
Sec. 3.45-45 Sector Sault Ste. Marie Marine Inspection Zone and
Captain of the Port Zone; Marine Safety Unit Duluth.
Sector Sault Ste. Marie's office is located in Sault Ste. Marie,
MI. A subordinate unit, Marine Safety Unit (MSU) Duluth, is located in
Duluth, MN.
(a) Sector Sault Ste. Marie's Marine Inspection Zone and Captain of
the Port Zone comprise all navigable waters of the United States and
contiguous land areas within an area starting from a point at latitude
44[deg]43'00'' N on the international boundary within Lake Huron;
proceeding due west to longitude 85[deg]40'00'' W; thence northwest to
the eastern shore of Lake Michigan at latitude 45[deg]01'00'' N; thence
northwest to latitude 45[deg]22'30'' N, longitude 86[deg]19'00'' W;
thence northeast to latitude 45[deg]41'00'' N, longitude 86[deg]06'00''
W; thence northwest to latitude 46[deg]20'00'' N, longitude
87[deg]22'00'' W; thence west to the Minnesota-North Dakota boundary at
latitude 46[deg]20'00'' N, longitude 96[deg]36'30'' W; thence north
along the Minnesota-North Dakota boundary to the intersection of the
Minnesota-North Dakota boundary and the international boundary at
latitude 49[deg]00'02'' N, longitude 97[deg]13'46'' W; thence east
along the international boundary to the starting point; and in
addition, all the area described in paragraph (b) of this section.
(b) The boundaries of the MSU Duluth Marine Inspection and Captain
of the Port Zones comprise all navigable
[[Page 13511]]
waters of the United States and contiguous land areas within an area
starting at a point latitude 46[deg]20'00'' N, longitude 88[deg]30'00''
W, proceeding west to the Minnesota-North Dakota boundary at latitude
46[deg]20'00'' N, longitude 96[deg]36'30'' W; thence north along the
Minnesota-North Dakota boundary to the intersection of the Minnesota-
North Dakota boundary and the international boundary at latitude
49[deg]00'02'' N, longitude 97[deg]13'46'' W; thence east along the
international boundary to a point at latitude 47[deg]59'23'' N,
longitude 87[deg]35'10'' W; thence south to a point near Manitou Island
Light at latitude 47[deg]25'09'' N, longitude 87[deg]35'10'' W; thence
southwest to a point near the shore of Lake Superior at latitude
46[deg]51'51'' N, longitude 87[deg]45'00'' W; thence southwest to the
point of origin.
Dated: March 7, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. 2011-5731 Filed 3-11-11; 8:45 am]
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