Renaming of Sector Baltimore as Sector Maryland-National Capital Region; Conforming Amendments, 38592-38595 [2016-13983]

Download as PDF 38592 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations education to the members of the Tribe and other qualified applicants through a community college, established by that ´ Tribe, known as Dine College. To that end, the regulations in this subpart prescribe procedures for providing financial and technical assistance for ´ Dine College under the NCCA. ´ § 41.61 Is Dine College eligible to receive other grants? § 41.51 ´ (a) The Dine College must use financial assistance under this subpart only for operation and maintenance, including educations programs, annual capital expenditures, major capital improvements, mandatory payments, supplemental student services, and improvement and expansion, as described in 25 U.S.C. 640c–1(b)(1); ´ (b) The Dine College must not use financial assistance under this subpart for religious worship or sectarian instruction. However, this subpart does not prohibit instruction about religions, cultures or Indian Tribal languages. What is the scope of this subpart? The regulations in this subpart are applicable to the provision of financial ´ assistance to Dine College pursuant to NCCA, title II of the TCCUA. ´ § 41.53 How does Dine College request financial assistance? ´ To request financial assistance, Dine College must submit an application. The application must be certified by the ´ Dine College chief executive officer and include: (a) A statement of Indian student enrollment and total FTE enrollment for the preceding academic year; (b) A curriculum description, which may be in the form of a college catalog or like publication or information ´ located on the Dine College Web site; and (c) A proposed budget showing total expected operating expenses of educational programs and expected revenue from all sources for the grant year. § 41.55 How are grant funds processed? (a) BIE will identify the budget ´ request for Dine College separately in its annual budget justification. (b) BIE will not commingle funds appropriated for grants under this subpart with appropriations that are historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries. § 41.57 When will the application be reviewed? Within 45 days of receiving the application the BIE will send a grant ´ agreement for signature by the Dine College president or his or her designee in an amount determined under § 41.29(a). The grant agreement will incorporate the grant application and include the provisions required by § 41.25. sradovich on DSK3TPTVN1PROD with RULES § 41.59 When will grant funds be paid? (a) Initial grant funds will be paid in an advance installment of not less than 40 percent of the funds available for allotment by October 1st. (b) The remainder of the grant funds will be paid by July 1st after the BIE adjusts the amount to reflect any overpayments or underpayments made in the first disbursement. VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 Yes. Eligibility for grants under this ´ subpart does not bar Dine College from receiving financial assistance under any other Federal program. § 41.63 used? § 41.65 How can financial assistance be Dated: May 26, 2016. Lawrence S. Roberts, Acting Assistant Secretary—Indian Affairs. [FR Doc. 2016–14094 Filed 6–13–16; 8:45 am] BILLING CODE 4337–15–P What reports must be provided? ´ (a) Dine College must submit on or before December 1st of each year a report that includes: (1) An accounting of the amounts and ´ purposes for which Dine College spent the financial assistance during the preceding academic year; ´ (2) The annual cost of Dine College education programs from all sources for the academic year; and ´ (3) A final report of Dine College’s performance based upon the criteria in its stated goals, philosophy, or plan of operation. ´ (b) Dine College must report its FTE Indian student enrollment for each academic term within six weeks of the date it makes the FTE calculation. ´ § 41.67 Can Dine College receive technical assistance? Technical assistance will be provided ´ to Dine College as noted in § 41.41. ´ § 41.69 How must Dine College administer its grant? In administering any grant provided ´ under this subpart, Dine College must: (a) Provide all services or assistance under this subpart in a fair and uniform manner; (b) Not deny admission to any Indian student because the student is, or is not, a member of a specific Indian Tribe; and (c) Comply with part 276 of this chapter, unless the BIE expressly waives specific inappropriate provisions of part ´ 276 in response to Dine College’s request and its justification for a waiver. ´ § 41.71 Can Dine College appeal an adverse decision under a grant agreement by the Director? ´ Dine College has the right to appeal to the Assistant Secretary by filing a PO 00000 written notice of appeal within 45 days of the adverse decision. Within 45 days after receiving notice of appeal, the Assistant Secretary will conduct a ´ formal hearing at which time the Dine College may present evidence and argument to support its appeal. Within 45 days of the hearing, the Assistant Secretary will issue a written ruling on the appeal confirming, modifying or reversing the decision of the Director. If the ruling does not reverse the adverse decision, the Assistant Secretary will state in detail the basis of his/her ruling. The ruling of the Assistant Secretary on an appeal will be final for the Department. Frm 00024 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 3, 100, and 165 [Docket Number USCG–2016–0060] Renaming of Sector Baltimore as Sector Maryland-National Capital Region; Conforming Amendments Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending the Code of Federal Regulations (CFR) to reflect its renaming of Coast Guard Sector Baltimore as Coast Guard Sector Maryland-National Capital Region. These conforming amendments are necessary to ensure the CFR accurately reflects the new command name changes that were approved September 17, 2015. These amendments are not expected to have a substantive impact on the public. DATES: This rule is effective June 14, 2016. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0060 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 about this rule, call or email Dennis Sens, Fifth Coast Guard District, Prevention Division, telephone 757–398–6204, email Dennis.M.Sens@uscg.mil. ADDRESSES: E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking OFCO Operating Facility Change Order § Section U.S.C. United States Code II. Background Information and Regulatory History On September 17, 2015, the Coast Guard approved renaming Sector Baltimore as Sector Maryland-National Capital Region. The Coast Guard is renaming the Sector to more clearly identify the unit’s missions and area of responsibility to the public. 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(a)(2) and (b)(A) because the changes it makes are conforming amendments involving agency management and 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. sradovich on DSK3TPTVN1PROD with RULES III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 14 U.S.C. 93. The purpose of this rule is to more clearly identify the functions and area of responsibility of this Coast Guard unit to the public. The Sector’s location and boundaries are described in 33 CFR 3.25–15. The previous organization of Sector Baltimore is described and reflected in regulations, which also contain contact details and other references to Sector Baltimore. These conforming amendments update those regulations so that they contain current information under unit name Sector Maryland-National Capital Region. IV. Discussion of the Rule This rule amends existing regulations in 33 CFR to reflect the renaming of Sector Baltimore as ‘‘Sector MarylandNational Capital Region.’’ It also removes a temporary section that mentions Sector Baltimore, § 165.T05– 0767, which we intended to be a rule lasting 6 hours that was to expire in 2013 but which still appears in the CFR. VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 There will be no relocation of units, operational assets or personnel due to the renaming of Sector Baltimore. Sector Maryland-National Capital Region will retain Captain of the Port, Federal Maritime Security Coordinator, Officer in Charge Marine Inspection, Federal on Scene Coordinator, and all other authorities, responsibilities and subunits, as previously assigned to Sector Baltimore. Only the title of these officials will change to reflect the new name of the sector. See Operating Facility Change Order (OFCO) No. 007– 16 which is available in the docket for this rule. 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. 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. Because this rule involves internal agency organization and nonsubstantive changes, it will not impose any costs 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. This rule does not require a general NPRM and therefore is exempt from the requirements of the Regulatory Flexibility Act. Although this rule is exempt, we have considered its potential impact on small entities and found that it will not have a significant economic impact on a substantial number of small entities. Under section 213(a) of the Small Business Regulatory Enforcement PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 38593 Fairness Act of 1996 (Public Law 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 above. E:\FR\FM\14JNR1.SGM 14JNR1 38594 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 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 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 involves internal administrative action involving the renaming a Coast Guard unit. It is categorically excluded from further review under paragraph 34(b) of Figure 2–1 of the Commandant Instruction. in its place the words ‘‘MarylandNational Capital Region’’ and in the text, remove the word ‘‘Baltimore’s’’ in the first and second sentences and add in its place the words ‘‘Sector MarylandNational Capital Region’s’’. PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 3. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. § 100.501 [Amended] 4. In § 100.501— a. In paragraph (d)(2), remove the words ‘‘Sector Baltimore’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’ and remove the words ‘‘Baltimore, Maryland’’ and add, in their place, the words ‘‘Maryland-National Capital Region’’; and ■ b. In the Table to § 100.501, in heading (b.), remove the word ‘‘Baltimore’’ and add, in its place, the words ‘‘Maryland-National Capital Region’’. ■ ■ PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 5. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. List of Subjects 33 CFR Part 3 Organization and functions (Government agencies). § 165.T05–0767 [Removed] 6. Remove § 165.T05–0767. 33 CFR Part 100 ■ Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. § 165.500 [Amended] 7. In § 165.500— a. In paragraph (b), remove the word ‘‘Baltimore’’ and add, in its place, the words ‘‘Maryland-National Capital Region’’; and ■ b. In paragraphs (c)(2), remove the words ‘‘Baltimore, Maryland’’, and add, in their place, the words ‘‘MarylandNational Capital Region’’. ■ ■ 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, 100, and 165 as follows: § 165.502 [Amended] 8. In § 165.502, in paragraph (b)(1), remove the words ‘‘Baltimore, Maryland’’, and add, in their place, the words ‘‘Maryland-National Capital Region’’. ■ PART 3—COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES § 165.505 1. The authority citation for part 3 continues to read as follows: sradovich on DSK3TPTVN1PROD with RULES ■ [Amended] 2. In § 3.25–15, in the section heading, remove the word ‘‘Baltimore’’ and add ■ VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 9. In § 165.505, in paragraph (b)(1), remove the words ‘‘Baltimore, Maryland’’, and add, in their place, the words ‘‘Maryland-National Capital Region’’. ■ 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). § 3.25–15 [Amended] § 165.506 ■ [Amended] 10. In § 165.506— PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 a. In paragraph (c)(2), remove the words ‘‘Sector Baltimore’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’ and remove the words ‘‘Baltimore, Maryland’’ and add, in their place, the words ‘‘Maryland-National Capital Region’’; and ■ b. In the Table to § 165.506, in heading (b.), remove the word ‘‘Baltimore’’ and add, in its place, the words ‘‘Maryland-National Capital Region’’. ■ § 165.507 [Amended] 11. In § 165.507— a. In paragraph (a) remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’; and ■ b. In paragraphs (c)(2) and (3), remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’ and in paragraph (c)(3) remove the words ‘‘Baltimore to’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’. ■ ■ § 165.508 [Amended] 12. In § 165.508— a. In paragraph (a) remove paragraph designation (1) and remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’; and ■ b. In paragraphs (c)(2) and (3), remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’ and in paragraph (c)(3) remove the words ‘‘Baltimore to’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’. ■ ■ § 165.509 [Amended] 13. In § 165.509, in paragraphs (a) and (c)(2) and (3), remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places, the words ‘‘Maryland-National Capital Region’’, and in paragraph (c)(3) remove the words ‘‘Baltimore to’’ and add, in their place the words ‘‘Sector MarylandNational Capital Region’’. ■ § 165.512 [Amended] 14. In § 165.512— a. In paragraph (a)(1), remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places, the words ‘‘Maryland-National Capital Region’’; and remove the words ‘‘Sector Baltimore’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’; and ■ ■ E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations b. In paragraphs (c)(2) and (3), remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’. ■ § 165.513 [Amended] 15. In § 165.513— a. In paragraph (a) remove the words ‘‘Port Baltimore’’ wherever they appear, and add, in their places, the words ‘‘Port, Maryland-National Capital Region’’ and remove the words ‘‘Baltimore, Maryland’’ wherever they appear, and add, in their places the words ‘‘Maryland-National Capital Region’’; and ■ b. In paragraphs (c)(2)–(4), remove the words ‘‘Port Baltimore’’ wherever they appear, and add, in their places, the words ‘‘Port, Maryland-National Capital Region’’. ■ ■ § 165.518 [Amended] 16. In § 165.518, in paragraph (c)(7) remove the word ‘‘Baltimore’’ and add, in its place, the words ‘‘MarylandNational Capital Region’’, and in paragraph (c)(3) remove the words ‘‘Baltimore to’’ and add, in their place, the words ‘‘Sector Maryland-National Capital Region’’. ■ Dated: June 8, 2016. Katia Kroutil, Chief, Office of Regulations and Administrative Law. [FR Doc. 2016–13983 Filed 6–13–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0472] Drawbridge Operation Regulation; Middle River, Between Bacon Island and Lower Jones Tract, California Coast Guard, DHS. Notice of temporary deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the San Joaquin County (Bacon Island Road) highway bridge across Middle River, mile 8.6, at between Bacon Island and Lower Jones Tract, California. The deviation is necessary to allow the bridge owner to make emergency mechanical and electrical repairs. This deviation allows the bridge to be secured in the closedto-navigation position during the deviation period. sradovich on DSK3TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 This deviation is effective without actual notice from June 14, 2016 until 11:59 p.m. on July 1, 2016. For the purposes of enforcement, actual notice will be used from June 8, 2016, until June 14, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–0472], is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@ uscg.mil. DATES: San Joaquin County Department of Public Works has requested a temporary change to the operation of the San Joaquin County (Bacon Island Road) highway drawbridge, mile 8.6, over Middle River, between Bacon Island and Lower Jones Tract, California. The drawbridge navigation span provides approximately 8 feet vertical clearance above Mean High Water in the closedto-navigation position. The draw operates as required by 33 CFR 117.171(a). Navigation on the waterway is commercial and recreational. The drawspan operating machinery failed unexpectedly on May 28, 2016 and the drawspan will remain secured in the closed-to-navigation position until 11:59 p.m. on July 1, 2016, to allow the bridge owner to make emergency repairs. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies. Old River can be used as an alternate route for vessels unable to pass through the bridge in the closed position. The Coast Guard has also informed waterway users through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 38595 Dated: June 8, 2016. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2016–13987 Filed 6–13–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–1029] RIN 1625–AA00 Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is amending and updating its safety zones relating to recurring fireworks shows and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a safety zone. Through this rulemaking the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley’s AOR. When these safety zones are enforced, certain restrictions are placed on marine traffic in specified areas. DATES: This rule is effective June 14, 2016. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 1029 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 proposed rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779–5347, email James.C.Robinson@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38592-38595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13983]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket Number USCG-2016-0060]


Renaming of Sector Baltimore as Sector Maryland-National Capital 
Region; Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending the Code of Federal Regulations 
(CFR) to reflect its renaming of Coast Guard Sector Baltimore as Coast 
Guard Sector Maryland-National Capital Region. These conforming 
amendments are necessary to ensure the CFR accurately reflects the new 
command name changes that were approved September 17, 2015. These 
amendments are not expected to have a substantive impact on the public.

DATES: This rule is effective June 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0060 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 about this rule, 
call or email Dennis Sens, Fifth Coast Guard District, Prevention 
Division, telephone 757-398-6204, email Dennis.M.Sens@uscg.mil.

[[Page 38593]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

    On September 17, 2015, the Coast Guard approved renaming Sector 
Baltimore as Sector Maryland-National Capital Region. The Coast Guard 
is renaming the Sector to more clearly identify the unit's missions and 
area of responsibility to the public.
    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(a)(2) and 
(b)(A) because the changes it makes are conforming amendments involving 
agency management and 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. 
93. The purpose of this rule is to more clearly identify the functions 
and area of responsibility of this Coast Guard unit to the public. The 
Sector's location and boundaries are described in 33 CFR 3.25-15. The 
previous organization of Sector Baltimore is described and reflected in 
regulations, which also contain contact details and other references to 
Sector Baltimore. These conforming amendments update those regulations 
so that they contain current information under unit name Sector 
Maryland-National Capital Region.

IV. Discussion of the Rule

    This rule amends existing regulations in 33 CFR to reflect the 
renaming of Sector Baltimore as ``Sector Maryland-National Capital 
Region.'' It also removes a temporary section that mentions Sector 
Baltimore, Sec.  165.T05-0767, which we intended to be a rule lasting 6 
hours that was to expire in 2013 but which still appears in the CFR. 
There will be no relocation of units, operational assets or personnel 
due to the renaming of Sector Baltimore. Sector Maryland-National 
Capital Region will retain Captain of the Port, Federal Maritime 
Security Coordinator, Officer in Charge Marine Inspection, Federal on 
Scene Coordinator, and all other authorities, responsibilities and sub-
units, as previously assigned to Sector Baltimore. Only the title of 
these officials will change to reflect the new name of the sector. See 
Operating Facility Change Order (OFCO) No. 007-16 which is available in 
the docket for this rule.

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. 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. Because this rule involves internal agency organization and 
non-substantive changes, it will not impose any costs 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. This rule does not require a general NPRM and therefore is 
exempt from the requirements of the Regulatory Flexibility Act. 
Although this rule is exempt, we have considered its potential impact 
on small entities and found that it 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 (Public Law 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 above.

[[Page 38594]]

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 
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 involves internal administrative action involving the renaming a 
Coast Guard unit. It is categorically excluded from further review 
under paragraph 34(b) of Figure 2-1 of the Commandant Instruction.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

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, 100, 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 & 93; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.1, para. 2(23).


Sec.  3.25-15  [Amended]

0
2. In Sec.  3.25-15, in the section heading, remove the word 
``Baltimore'' and add in its place the words ``Maryland-National 
Capital Region'' and in the text, remove the word ``Baltimore's'' in 
the first and second sentences and add in its place the words ``Sector 
Maryland-National Capital Region's''.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
3. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


Sec.  100.501  [Amended]

0
4. In Sec.  100.501--
0
a. In paragraph (d)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and
0
b. In the Table to Sec.  100.501, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
5. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.T05-0767  [Removed]

0
6. Remove Sec.  165.T05-0767.


Sec.  165.500  [Amended]

0
7. In Sec.  165.500--
0
a. In paragraph (b), remove the word ``Baltimore'' and add, in its 
place, the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2), remove the words ``Baltimore, Maryland'', and 
add, in their place, the words ``Maryland-National Capital Region''.


Sec.  165.502  [Amended]

0
8. In Sec.  165.502, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.505  [Amended]

0
9. In Sec.  165.505, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.506  [Amended]

0
10. In Sec.  165.506--
0
a. In paragraph (c)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and

0
b. In the Table to Sec.  165.506, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.


Sec.  165.507  [Amended]

0
11. In Sec.  165.507--
0
a. In paragraph (a) remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.508  [Amended]

0
12. In Sec.  165.508--
0
a. In paragraph (a) remove paragraph designation (1) and remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.509  [Amended]

0
13. In Sec.  165.509, in paragraphs (a) and (c)(2) and (3), remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places, the words ``Maryland-National Capital Region'', and in 
paragraph (c)(3) remove the words ``Baltimore to'' and add, in their 
place the words ``Sector Maryland-National Capital Region''.


Sec.  165.512  [Amended]

0
14. In Sec.  165.512--
0
a. In paragraph (a)(1), remove the words ``Baltimore, Maryland'' 
wherever they appear, and add, in their places, the words ``Maryland-
National Capital Region''; and remove the words ``Sector Baltimore'' 
and add, in their place, the words ``Sector Maryland-National Capital 
Region''; and

[[Page 38595]]


0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region''.


Sec.  165.513  [Amended]

0
15. In Sec.  165.513--
0
a. In paragraph (a) remove the words ``Port Baltimore'' wherever they 
appear, and add, in their places, the words ``Port, Maryland-National 
Capital Region'' and remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2)-(4), remove the words ``Port Baltimore'' 
wherever they appear, and add, in their places, the words ``Port, 
Maryland-National Capital Region''.


Sec.  165.518  [Amended]

0
16. In Sec.  165.518, in paragraph (c)(7) remove the word ``Baltimore'' 
and add, in its place, the words ``Maryland-National Capital Region'', 
and in paragraph (c)(3) remove the words ``Baltimore to'' and add, in 
their place, the words ``Sector Maryland-National Capital Region''.

    Dated: June 8, 2016.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2016-13983 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P