Coast Guard Sector Juneau; Sector Name Conforming Amendment, 69034-69036 [2023-21877]
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ddrumheller on DSK120RN23PROD with RULES1
69034
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
release of cargo. Because the Centers
introduce a new post-release processing
method for all U.S. imports, this rule’s
regulatory changes affect all importers
and brokers who enter goods into the
United States, including those
considered ‘‘small’’ under the Small
Business Administration’s (SBA) size
standards.24 Since the vast majority of
importers are small businesses, this rule
impacts a substantial number of small
entities.25
This rule generates costs and benefits
to importers and related members of the
trade. As outlined throughout this rule,
the responsibilities of the trade
community remain largely unchanged
due to the Centers rule. However, trade
members experience costs when filing a
Center assignment appeal and when
notifying a Center under the
requirements of amended 19 CFR
151.12(c)(5) and (6), and 19 CFR
151.13(b)(5) and (6).
As previously mentioned in the
‘‘Executive Orders 13563 and 12866’’
section, importers incur an opportunity
cost of $26.11 per Center assignment
appeal. With two appeals expected each
year, the annual cost of Center
assignment appeals to the entire trade
community equals $52.22. It is likely
that some small entities file Center
assignment appeals, though the exact
number is unknown. Regardless of the
number of small entities impacted by
this requirement, CBP does not believe
that a cost of $26.11 to file a Center
assignment appeal amounts to a
‘‘significant’’ level to these entities.
Under previous, pre-Centers
regulations, CBP mandated CBPaccredited laboratories and CBPapproved gaugers to contact the port
director and Executive Director of
Laboratories and Scientific Services on
the matters previously described in 19
CFR 151.12(c)(5) and (6), and 19 CFR
151.13(b)(5) and (6). Given that CBP did
not receive any such notifications in the
past 20 years, CBP assumes that this
rule’s added requirement to contact a
Center director per amended 19 CFR
151.12(c)(5) and (6), and 19 CFR
151.13(b)(5) and (6), will continue to not
impact a substantial number of small
entities. In the event that a CBPaccredited laboratory or CBP-approved
gauger considered ‘‘small’’ has to notify
an additional CBP representative
according to these regulatory changes,
CBP does not believe that requiring one
more telephone call, letter, or email will
have a significant economic impact on
the entity.
24 See
13 CFR 121.101–121.201.
CBP Report: Importer SBA Analysis
2022, dated May 11, 2022.
25 Source:
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Besides costs, importers and brokers
experience benefits from this rule,
though the value of these benefits is
unknown due to data limitations. The
trade community likely benefits from
the Centers rule’s uniform post-release
processing and decision-making,
increased agency knowledge of industry
practices and products, and improved
communication with CBP, based on
observations from the Centers test and
Centers IFR. CBP expects the Centers’
uniform post-release processing and
trade-related determinations to decrease
administrative burdens on the trade,
resulting in time and cost savings. This
uniformity may also enhance the trade
community’s awareness of CBP’s
position on trade compliance issues,
which may improve compliance and
generate an unknown amount of
subsequent savings to trade members in
the future. The Centers’ strengthened
industry focus likely enhances CBP
relations with the trade community,
facilitates trade, and results in an
improved ability to identify high-risk
commercial importations that could
increase import safety, increase revenue
protection, and reduce economic loss
associated with trade violations. By
replacing port-by-port communication
with communication with one Center,
the Centers serve as a single source of
information for trade members regarding
such subjects as importing
requirements, IPR or other trade
violation reports, merchandise holds,
and PGA issues. This sole
communication source eliminates the
need for members of the trade
community to contact multiple CBP
resources, potentially producing
additional time and cost savings. The
Centers also allow for enhanced
communication between CBP and the
trade community by offering extended
hours of service compared to port of
entry service hours, which may expedite
trade. Despite their unknown value,
CBP notes that the economic impact of
these changes on small entities, if any,
is entirely beneficial. Although this rule
affects a substantial number of small
entities, CBP does not believe that the
economic impact of this rule on small
entities is significant. Accordingly, CBP
certifies that this regulation does not
have a significant economic impact on
a substantial number of small entities.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that CBP
consider the impact of paperwork and
other information collection burdens
imposed on the public. As this
document does not involve any
collections of information under the
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Act, the provisions of the Act are
inapplicable.
Signing Authority
This document is being issued in
accordance with 19 CFR 0.2(a), which
provides that the authority of the
Secretary of the Treasury with respect to
CBP regulations that are not related to
customs revenue functions was
transferred to the Secretary of DHS
pursuant to section 403(1) of the
Homeland Security Act of 2002 (Pub. L.
107–296, 116 Stat. 2178, 6 U.S.C.
203(1)). Accordingly, this final rule
adopting the interim amendments to
such regulations as final may be signed
by the Secretary of DHS (or his
delegate).
Amendments to the CBP Regulations
For the reasons given above, the
Centers IFR amending parts 4, 7, 10, 11,
12, 24, 54, 101, 102, 103, 113, 132, 133,
134, 141, 142, 143, 144, 145, 146, 147,
151, 152, 158, 159, 161, 162, 163, 173,
174, 176, and 181 of title 19 of the Code
of Federal Regulations (19 CFR parts 4,
7, 10–12, 24, 54, 101–103, 113, 132–134,
141–147, 151, 152, 158, 159, 161–163,
173, 174, 176, and 181), which was
published in the Federal Register at 81
FR 92978 on December 20, 2016 (CBP
Dec. 16–26), as amended by the
technical correction published in the
Federal Register at 84 FR 46676 on
September 5, 2019 (CBP Dec. 19–11), is
adopted as a final rule, without change.
Alejandro N. Mayorkas,
Secretary, Department of Homeland Security.
[FR Doc. 2023–22170 Filed 10–4–23; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 3, 162 and 165
[Docket Number USCG–2023–0811]
Coast Guard Sector Juneau; Sector
Name Conforming Amendment
ACTION:
Final rule.
This rule makes nonsubstantive changes to Coast Guard
regulations in association with a change
in the Coast Guard’s internal
organization. The purpose of this rule is
to reflect that U.S. Coast Guard Sector
Juneau has been renamed U.S. Coast
Guard Sector Southeast Alaska. This
rule will have no substantive effect on
the regulated public.
SUMMARY:
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
DATES:
This rule is effective October 5,
2023.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0811 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Stephen Speer, District
17 Legal Office, U.S. Coast Guard;
telephone 907–463–2053, email
stephen.m.speer@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with RULES1
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge of Marine
Inspections
OFCO Operating Facility Change Order
SAR Search and Rescue
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
For the last several years, the Coast
Guard has sought to better align the
names of its assets to correspond to the
area of responsibility which they serve.
Review of the missions and
engagements within the southeastern
Alaska region highlighted that ‘‘Sector
Juneau’’ alone did not adequately
capture the breadth and range of Coast
Guard operations and relationships
throughout southeast Alaska. The Coast
Guard has approved the name change to
U.S. Coast Guard Sector Southeast
Alaska to acknowledge the longstanding commitment to all
communities of southeast Alaska and to
reaffirm the multi-mission support that
the Coast Guard provides to ensure
safety at sea and enhanced maritime
governance. The geographic boundaries
of Sector Southeast Alaska are not
changing, and its office is not moving
from Juneau, AK.
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
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substantive effect on the public and
notice and comment are therefore
unnecessary. For the same reasons, the
Coast Guard finds good cause exists
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 July 17, 2023, the Coast Guard
issued Operating Facility Change Order
(OFCO) No. 020–23 which changed the
official unit name of U.S. Coast Guard
Sector Juneau to U.S. Coast Guard
Sector Southeast Alaska. The previous
name of Sector Juneau is described and
reflected in regulations, which also
contain contact details and other
references to Sector Juneau. 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 the
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. 020–23, issued July 17,
2023, changed the official unit name of
U.S. Coast Guard Sector Juneau to U.S.
Coast Guard Sector Southeast Alaska.
The July 2023 OFCO did not change the
area of responsibility (AOR). The AOR
of U.S. Coast Guard Sector Southeast
Alaska is identical to that of what was
U.S. Coast Guard Sector Juneau. All
authorities and responsibilities
previously assigned to Commander, U.S.
Coast Guard Sector Juneau have been
assigned to Commander, U.S. Coast
Guard Sector Southeast Alaska.
Additionally, all authorities that were
vested in the Commander, U.S. Coast
Guard Sector Juneau 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 Sector Southeast Alaska. 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
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69035
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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, this
rule has not been reviewed by the Office
of Management and Budget.
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.’’
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.
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations
of the National Environmental Policy
Act.
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).
List of Subjects
33 CFR Part 3
D. Federalism and Indian Tribal
Governments
Organizations 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.
33 CFR Part 162
E. Unfunded Mandates Reform Act
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F. Environment
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Michael Cunningham,
Chief, Office of Regulations and
Administrative Law.
[FR Doc. 2023–21877 Filed 10–4–23; 8:45 am]
BILLING CODE 9110–04–P
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, 162 and 165 as follows:
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:
■
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0685]
RIN 1625–AA00
Safety Zone; Potomac River,
Washington, DC
Coast Guard, Department of
Homeland Security.
ACTION: Temporary final rule.
AGENCY:
Authority: 46 U.S.C. 70034; DHS
Delegation No. 00170.1, Revision No. 01.3.
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Potomac River. The
safety zone is needed to protect
personnel, vessels, and the marine
environment on these navigable waters
near Washington, DC from potential
hazards posed by a fireworks display
which will take place on October 5,
2023. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port, Maryland-National Capital
Region, or a designated representative.
DATES: This rule is effective from 7:30
p.m. until 9:30 p.m. on October 5, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0685 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
§ 162.240
FOR FURTHER INFORMATION CONTACT:
Authority: 14 U.S.C. 501, 504; Public Law
107–296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
[Amended]
2. In § 3.85–10—
a. In the section heading, remove the
text ‘‘Juneau:’’,
■ b. In the first sentence, remove the
word ‘‘Juneau’s’’ and add, in its place,
the words ‘‘Southeast Alaska’s’’, and
■ c. In the second sentence, remove the
word ‘‘Juneau’s’’.
■
■
PART 162—INLAND WATERWAYS
NAVIGATION REGULATIONS
3. The authority citation for part 162
continues to read as follows:
■
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule consists only of
an organizational amendment. It is
categorically excluded from further
review under paragraph L3 of Appendix
A, Table 1 of DHS Instruction Manual
023–01–001–01, Rev. 1, Implementation
[Amended]
6. In § 165.1712(d)(3), remove the
word ‘‘Juneau’’ and add, in its place, the
words ‘‘Southeast Alaska’’.
■
Navigation (water), Waterways.
§ 3.85–10
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.
§ 165.1712
[Amended]
4. In § 162.240 amend paragraph (d)
by removing the word ‘‘Juneau’’ and
adding, in its place, the words
‘‘Southeast Alaska’’.
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
SUMMARY:
If
you have questions about this rule, call
or email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management
Division, U.S. Coast Guard: telephone
410–576–2596, email
MDNCRMarineevents@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
5. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
PO 00000
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Fmt 4700
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
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Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69034-69036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21877]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 162 and 165
[Docket Number USCG-2023-0811]
Coast Guard Sector Juneau; Sector Name Conforming Amendment
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes non-substantive changes to Coast Guard
regulations in association with a change in the Coast Guard's internal
organization. The purpose of this rule is to reflect that U.S. Coast
Guard Sector Juneau has been renamed U.S. Coast Guard Sector Southeast
Alaska. This rule will have no substantive effect on the regulated
public.
[[Page 69035]]
DATES: This rule is effective October 5, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0811 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Stephen Speer, District 17 Legal Office, U.S.
Coast Guard; telephone 907-463-2053, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and Rescue
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
For the last several years, the Coast Guard has sought to better
align the names of its assets to correspond to the area of
responsibility which they serve. Review of the missions and engagements
within the southeastern Alaska region highlighted that ``Sector
Juneau'' alone did not adequately capture the breadth and range of
Coast Guard operations and relationships throughout southeast Alaska.
The Coast Guard has approved the name change to U.S. Coast Guard Sector
Southeast Alaska to acknowledge the long-standing commitment to all
communities of southeast Alaska and to reaffirm the multi-mission
support that the Coast Guard provides to ensure safety at sea and
enhanced maritime governance. The geographic boundaries of Sector
Southeast Alaska are not changing, and its office is not moving from
Juneau, AK.
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 exists 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 July 17, 2023, the Coast Guard issued Operating Facility Change
Order (OFCO) No. 020-23 which changed the official unit name of U.S.
Coast Guard Sector Juneau to U.S. Coast Guard Sector Southeast Alaska.
The previous name of Sector Juneau is described and reflected in
regulations, which also contain contact details and other references to
Sector Juneau. 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
the 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. 020-23, issued July 17, 2023, changed the official unit
name of U.S. Coast Guard Sector Juneau to U.S. Coast Guard Sector
Southeast Alaska. The July 2023 OFCO did not change the area of
responsibility (AOR). The AOR of U.S. Coast Guard Sector Southeast
Alaska is identical to that of what was U.S. Coast Guard Sector Juneau.
All authorities and responsibilities previously assigned to Commander,
U.S. Coast Guard Sector Juneau have been assigned to Commander, U.S.
Coast Guard Sector Southeast Alaska. Additionally, all authorities that
were vested in the Commander, U.S. Coast Guard Sector Juneau 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 Sector
Southeast Alaska. 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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly,
this rule has not been reviewed by the Office of Management and Budget.
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.''
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.
[[Page 69036]]
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule consists only of
an organizational amendment. It is categorically excluded from further
review under paragraph L3 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1, Implementation of the National
Environmental Policy Act.
List of Subjects
33 CFR Part 3
Organizations and functions (Government agencies).
33 CFR Part 162
Navigation (water), 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, 162 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. 01.3.
Sec. 3.85-10 [Amended]
0
2. In Sec. 3.85-10--
0
a. In the section heading, remove the text ``Juneau:'',
0
b. In the first sentence, remove the word ``Juneau's'' and add, in its
place, the words ``Southeast Alaska's'', and
0
c. In the second sentence, remove the word ``Juneau's''.
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
3. The authority citation for part 162 continues to read as follows:
Authority: 46 U.S.C. 70034; DHS Delegation No. 00170.1, Revision
No. 01.3.
Sec. 162.240 [Amended]
0
4. In Sec. 162.240 amend paragraph (d) by removing the word ``Juneau''
and adding, in its place, the words ``Southeast Alaska''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
5. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
Sec. 165.1712 [Amended]
0
6. In Sec. 165.1712(d)(3), remove the word ``Juneau'' and add, in its
place, the words ``Southeast Alaska''.
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-21877 Filed 10-4-23; 8:45 am]
BILLING CODE 9110-04-P