Coast Guard Sector Guam; Sector Name Conforming Amendment, 48444-48447 [2022-16987]
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Federal Register / Vol. 87, No. 152 / Tuesday, August 9, 2022 / Rules and Regulations
DEPARTMENT OF STATE
22 CFR Part 135
[Public Notice: 11807]
RIN 1400–AF52
Implementation of HAVANA Act of
2021
Department of State.
Supplemental interim final rule.
AGENCY:
ACTION:
This document supplements
the interim final rule (IFR) published by
the Department of State (the
Department) on June 30, 2022,
implementing the HAVANA Act of
2021. The Act provides authority for the
Secretary of State and other agency
heads to provide payments to certain
individuals who have incurred
qualifying injuries to the brain. The
Department is modifying one provision
of the IFR relating to the Board
certification of the physician who is
required to assess and diagnose an
individual’s qualifying injury to the
brain and who completes the DS–4316,
‘‘Eligibility Questionnaire for HAVANA
Act Payments’’. The updated regulation
provides that physicians may be
certified by either the American Board
of Psychiatry and Neurology (ABPN) or
the American Board of Physical
Medicine and Rehabilitation (ABPMR).
DATES: Effective August 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Susan Ware Harris, Senior Advisor,
Health Incidents Response Task Force,
202–679–0127, HARuleInfo@state.gov.
SUPPLEMENTARY INFORMATION: The
Department is amending the interim
final rule that it published June 30, 2022
at 87 FR 38981. The text of the interim
rule remains unchanged, except for
certain provisions in § 135.3. The
Department is providing that either
physicians currently certified by the
American Board of Psychiatry and
Neurology (APBN) or the American
Board of Physical Medicine and
Rehabilitation (ABPMR) may assess an
individual’s qualifying injury to the
brain and complete the DS–4316,
‘‘Eligibility Questionnaire for HAVANA
Act Payments’’. The DS–4316 will also
be modified to reflect this regulatory
change.
The Department is publishing this
Supplemental IFR both in response to
public comments advocating for this
addition and additional corroborative
information from medical providers.
The Department has consulted with
officials at several prominent medical
centers. Based on those inquiries, it
appears that the majority of patients
who have reported anomalous health
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SUMMARY:
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incidents were seen by either a
neurologist certified by the American
Board of Psychiatry and Neurology
(ABPN) or by a physician certified by
the American Board of Physical
Medicine and Rehabilitation (ABPMR).
The Department believes that it would
be in the best interest of the public and
affected community if, on the effective
date of the IFR, part 135 provided that
patients could be assessed by physicians
currently certified by either ABPN or
ABPMR.
The comment period for the IFR
closed on August 1, 2022, and the
Department will publish a final rule
addressing the other relevant comments
in the near future.
Regulatory Analyses
The regulatory analyses included in
the IFR are adopted herein,
supplemented by the following
comments. With respect to the
Administrative Procedure Act, this
Supplemental IFR is a technical
amendment to the IFR, which was a rule
relating to public benefits and therefore
exempt from the requirements of 5
U.S.C. 553. See 5 U.S.C. 553(a)(2). Since
the IFR and this Supplemental IFR are
exempt from the entirety of § 553
pursuant to § 553(a)(2), the provisions of
§ 553(d) do not apply. This
Supplemental IFR will be in effect on
August 15, 2022, with the IFR.
With respect to Executive Order
12866, the Office of Information and
Regulatory Affairs has designed this
Supplemental IFR ‘‘non-significant’’.
List of Subjects in 22 CFR Part 135
Federal retirees, Government
employees, Health care.
Accordingly, for the reasons stated in
the preamble, the Department of State
amends 22 CFR part 135 as follows:
PART 135—IMPLEMENTATION OF THE
HAVANA ACT OF 2021
1. The authority citation for part 135
continues to read as follows:
currently certified by the American
Board of Physical Medicine and
Rehabilitation (ABPMR), occurred on or
after January 1, 2016, and while the
individual was a covered employee of
the Department.
(b) The Department of State may
provide a payment to covered
employees, as defined herein, if the
qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified neurologist
from the ABPN or a physician currently
certified by the ABPMR, occurred on or
after January 1, 2016, and while the
employee was a covered employee of
the Department.
(c) The Department of State may
provide a payment to a covered
dependent, if the qualifying injury to
the brain was assessed and diagnosed in
person by a currently board-certified
neurologist from the ABPN or a
physician currently certified by the
ABPMR, occurred on or after January 1,
2016, and the dependent’s sponsor was
a covered employee of the Department
at the time of the dependent’s injury.
*
*
*
*
*
(e) * * *
(2) Whether the Department of Labor
(Workers’ Compensation) has
determined that the requestor has no
reemployment potential, or the Social
Security Administration has approved
the requestor for Social Security
Disability Insurance, or the requestor’s
ABPN-certified neurologist or ABPMRcertified physician has certified that the
individual requires a full-time caregiver
for activities of daily living, as defined
by the Katz Index of Independence of
Daily Living.
*
*
*
*
*
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, U.S. Department of State.
[FR Doc. 2022–16968 Filed 8–5–22; 8:45 am]
BILLING CODE 4710–10–P
■
Authority: 22 U.S.C. 2651a; 22 U.S.C.
2680b.
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 135.3 by revising
paragraphs (a) through (c) and
paragraph (e)(2) to read as follows:
Coast Guard
§ 135.3 Eligibility for payments by the
Department of State.
[Docket Number USCG–2022–0429]
(a) The Department of State may
provide a payment to covered
individuals, as defined herein, if the
qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified neurologist
from the American Board of Psychiatry
and Neurology (ABPN) or a physician
Coast Guard Sector Guam; Sector
Name Conforming Amendment
■
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33 CFR Parts 3 and 165
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
This rule makes nonsubstantive amendments to Coast Guard
regulations in association with a change
SUMMARY:
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Federal Register / Vol. 87, No. 152 / Tuesday, August 9, 2022 / Rules and Regulations
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.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0429 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email Sandra J. Miracle, U.S. Coast
Guard; telephone 202–372–3851, email
Sandra.J.Miracle@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
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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
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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
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48445
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.’’
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Federal Register / Vol. 87, No. 152 / Tuesday, August 9, 2022 / Rules and Regulations
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).
33 CFR Part 3
Organization and functions
(Government agencies).
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.
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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.
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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
D. Federalism and Indian Tribal
Governments
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F. Environment
PART 3—COAST GUARD AREAS,
DISTRICTS, SECTORS, MARINE
INSPECTION ZONES, AND CAPTAIN
OF THE PORT ZONES
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.
2. Revise § 3.70–15 to read as follows:
§ 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
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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.
§ 165.1401
[Amended]
4. In § 165.1401(b)(3), remove the
word ‘‘Guam’’ and add, in its place, the
words ‘‘U.S. Coast Guard Forces
Micronesia/Sector Guam’’.
■
§ 165.1402
[Amended]
5. In § 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’’.
■
[Amended]
6. In § 165.1404(b), remove the word
‘‘Guam’’ and add, in its place, the words
‘‘U.S. Coast Guard Forces Micronesia/
Sector Guam’’.
■
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:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
§ 165.1404
33 CFR Part 165
■
Marshall Islands, and the Federated
States of Micronesia.
§ 165.1405
[Amended]
7. In § 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’’.
■
§ 165.1416
[Amended]
8. In § 165.1416(a), remove the word
‘‘Guam’’ and add, in its place, the words
‘‘U.S. Coast Guard Forces Micronesia/
Sector Guam’’.
■
§ 165.1417
[Amended]
9. In § 165.1417:
a. In paragraph (a), remove the word
‘‘Guam’’ and add, in its place, the words
‘‘U.S. Coast Guard Forces Micronesia/
Sector Guam’’; and
■ b. In paragraph (b), remove the words
‘‘Sector Guam’’ and add, in their place,
the words ‘‘U.S. Coast Guard Forces
Micronesia/Sector Guam’’.
■
■
§ 165.1418
[Amended]
10. In § 165.1418:
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
■ b. In paragraph (b), remove the words
‘‘Sector Guam’’ and add, in their place,
the words ‘‘U.S. Coast Guard Forces
Micronesia/Sector Guam’’.
■
■
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Federal Register / Vol. 87, No. 152 / Tuesday, August 9, 2022 / Rules and Regulations
§ 165.1419
[Amended]
ACTION:
11. In § 165.1419:
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
■ 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 220801–0167]
RIN 0648–BK82
Correction
In rule document 2022–16824,
appearing on pages 47939 through
47944 in the issue of Friday, August 5,
2022, make the following correction:
§ 300.25 Fisheries management.
[Corrected]
On page 47943, in the second table, on
the second line, ‘‘(ii) January through
June’’ should read ‘‘(i) January through
June’’.
■
[FR Doc. C1–2022–16824 Filed 8–8–22; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220803–0169]
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RIN 0648–BL57
Fisheries of the Northeastern United
States; Illex Squid Fishery; Revised
2022 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
16:25 Aug 08, 2022
NMFS is increasing the
specifications for the 2022 Illex squid
fishery. This rule is required to ensure
that the 2022 specifications are based on
the best scientific information available.
This rule is also intended to inform the
public of the changes to the
specifications for the remainder of the
2022 fishing year.
DATES: Effective August 9, 2022, through
December 31, 2022.
ADDRESSES: Copies of the revised
specifications, including the
Supplemental Information Report, and
other supporting documents for the
action, are available upon request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N
State Street, Dover, DE 19901. These
documents are also accessible via the
internet at https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Policy Analyst, (978)
281–9150.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
International Fisheries; Pacific Tuna
Fisheries; 2022–2024 Commercial
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean
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The Mid-Atlantic Fishery
Management Council manages the Illex
squid fishery under the Mackerel,
Squid, and Butterfish (MSB) Fishery
Management Plan (FMP). Section
302(g)(1)(B) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) states that
the Scientific and Statistical Committee
(SSC) for each regional fishery
management council shall provide its
Council ongoing scientific advice for
fishery management decisions,
including recommendations for
acceptable biological catch (ABC),
preventing overfishing, ensuring
maximum sustainable yield, and
achieving rebuilding targets. The ABC is
a level of catch that accounts for the
scientific uncertainty in the estimate of
the stock’s defined overfishing level
(OFL). The regulations implementing
the MSB FMP require the Council’s
MSB Monitoring Committee to develop
specification recommendations for each
species based upon the ABC advice of
the Council’s SSC. The regulations at 50
CFR 648.22(e) allow the Regional
Administrator, in consultation with the
Council, to adjust specifications during
the fishing year.
At its March 2022 meeting, the
Council’s SSC reviewed preliminary
work by its Illex Squid Working Group
and concluded that the species
continues to be lightly exploited and the
fishery footprint is small relative to the
entire management unit. The SSC
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48447
recommended increasing the 2022 ABC
from 33,000 mt to 40,000 mt. The
Council recommended this specification
adjustment at its April 2022 meeting
and requested that NMFS use its inseason authority to increase the 2022
ABC and also adjust the closure
threshold from 94 percent to 96 percent.
The Council recommended a 96-percent
closure threshold given improved
reporting appears to have enabled
NMFS to more effectively monitor the
fishery in recent years and take action
to close the fishery when necessary
without overages, and it is expected that
the smaller closure threshold should
still avoid exceeding the ABC.
On May 10, 2022, we published Illex
squid specifications for 2022 (87 FR
27952), and the National Environmental
Policy Act (NEPA) analysis for that rule
considered a range of ABCs from
18,000–40,000 mt. The final rule
adopted an ABC of 33,000 mt for 2022.
The revised specifications implemented
by this final rule increase the 2022 Illex
squid ABC to 40,000 mt, which was
included and analyzed during the
development of the original 2022
specifications.
Revised Specifications
We are implementing the revised
2022 specifications recommended by
the Council and its SSC. The Council
recommended that the status quo
discard rate of 4.61 percent be reduced
from the ABC, which results in a DAH
amount of 38,156 mt for 2022 that
would be maintained for the 2022
fishing year. These revised
specifications will increase the 2022
commercial quota by implementing a
38,156-mt domestic annual harvest
(DAH), an increase of 21 percent. Table
1 summarizes the recommended
changes to the revised 2022 Illex squid
specifications. Additionally, the Illex
fishery closure threshold will change
from 94 percent to 96 percent.
TABLE 1—2022 ILLEX SQUID
SPECIFICATIONS IN METRIC TONS
[mt]
Current
OFL ................................
ABC ................................
Initial Optimum Yield ......
DAH ................................
Unknown ..
33,000 ......
31,478 ......
31,478 ......
Modified
Unknown.
40,000.
38,156.
38,156.
Regulatory Clarifications
This action also includes corrections
to existing regulations to correct the title
of the Regional Administrator in the
Tier 1 longfin squid vessel permit
regulations, and to remove an outdated
requirement for chub mackerel that
expired on December 31, 2020, from the
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].
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
