Coast Guard Sector Buffalo; Sector Name Conforming Amendment, 87928-87930 [2023-27943]
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87928
Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations
6. Add subpart V to part 77 to read as
follows:
■
Subpart V—Safety Program for Surface
Mobile Equipment
Sec.
77.2100 Purpose and scope.
77.2101 Definitions.
77.2102 Written safety program.
77.2103 Requirements for written safety
program.
77.2104 Record and inspection.
§ 77.2100
Purpose and scope.
This subpart requires operators to
develop, implement, and update a
written safety program for surface
mobile equipment to reduce the number
and rates of accidents, injuries, and
fatalities. This subpart applies to surface
mobile equipment at surface coal mines
and surface work areas of underground
coal mines. The purpose of this safety
program is to promote and support a
positive safety culture and improve
miners’ safety at the mine.
§ 77.2101
Definitions.
The following definitions apply in
this subpart—
Responsible person means a person
with authority and responsibility to
evaluate and update a written safety
program for surface mobile equipment.
Surface mobile equipment means
wheeled, skid-mounted, track-mounted,
or rail-mounted equipment capable of
moving or being moved, and any
powered equipment that transports
people, equipment, or materials,
excluding belt conveyors, at surface coal
mines and surface work areas of
underground coal mines.
§ 77.2102
Written safety program.
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Requirements for written safety
(a) The operator shall develop and
implement a written safety program that
includes actions the operator will take
to:
(1) Identify and analyze hazards and
reduce the resulting risks related to the
movement and the operation of surface
mobile equipment;
(2) Develop and maintain procedures
and schedules for routine maintenance
and non-routine repairs for surface
mobile equipment;
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§ 77.2104
Record and inspection.
(a) The operator shall make the
written safety program available for
inspection by authorized representatives
of the Secretary and provide a copy
upon request.
(b) The operator shall make the
written safety program available for
inspection by miners and their
representatives and, at no cost, provide
a copy upon request.
[FR Doc. 2023–27640 Filed 12–19–23; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 3, 100, and 165
[Docket Number USCG–2023–0927]
(a) Each operator shall develop and
implement a written safety program for
surface mobile equipment that contains
the elements in this subpart, no later
than July 17, 2024.
(b) Each operator shall designate at
least one responsible person to evaluate
and update the written safety program,
no later than July 17, 2024.
§ 77.2103
program.
(3) Identify currently available and
newly emerging feasible technologies
that can enhance safety at the mine and
evaluate whether to adopt them; and
(4) Train miners and other persons at
the mine necessary to perform work to
identify and address or avoid hazards
related to surface mobile equipment.
(b) The responsible person shall
evaluate and update the written safety
program at least annually, or as mining
conditions or practices change that may
adversely affect the health and safety of
miners or other persons, as accidents or
injuries occur, or as surface mobile
equipment changes or modifications are
made.
(c) The operator shall solicit input
from miners and their representatives in
developing and updating the written
safety program.
RIN 1625–AA00
Coast Guard Sector Buffalo; Sector
Name Conforming Amendment
Coast Guard, Department of
Homeland Security.
ACTION: Final rule.
AGENCY:
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
Buffalo has been renamed U.S. Coast
Guard Sector Eastern Great Lakes. These
changes will have no substantive effect
on the regulated public.
DATES: This rule is effective December
20, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
PO 00000
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www.regulations.gov, type USCG–2023–
0927 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions on this rule, call or
email Lieutenant Commander Bo Ames,
Ninth Coast Guard District Legal Office,
U.S. Coast Guard; telephone 216–902–
6010, email Bo.J.Ames@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
§ 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 eastern Great
Lakes region highlighted that ‘‘Sector
Buffalo’’ alone did not adequately
capture the breadth and range of Coast
Guard operations and relationships
throughout the Eastern Great Lakes. The
Coast Guard has approved the name
change to U.S. Coast Guard Sector
Eastern Great Lakes in order to
acknowledge the long-standing
commitment to all communities
throughout the Eastern Great Lakes 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
Eastern Great Lakes are not changing,
and its office is not moving from
Buffalo, New York.
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.
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Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations
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.
Operating Facility Change Order
(OFCO) No. 036/23, issued November 6,
2023, changed the official unit name of
U.S. Coast Guard Sector Buffalo to U.S.
Coast Guard Sector Eastern Great Lakes.
See OFCO No. 036/23, which is
available in the docket for this rule. The
previous name of Sector Buffalo is
described and reflected in regulations,
which also contain contact details and
other references to Sector Buffalo. 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).
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
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
OFCO No. 036/23, issued November
6, 2023, changed the official unit name
of U.S. Coast Guard Sector Buffalo to
U.S. Coast Guard Sector Eastern Great
Lakes. The November 2023 OFCO did
not change the area of responsibility
(AOR). The AOR of U.S. Coast Guard
Sector Eastern Great Lakes is identical
to that of what was U.S. Coast Guard
Sector Buffalo. All authorities and
responsibilities previously assigned to
Commander, U.S. Coast Guard Sector
Buffalo have been assigned to
Commander, U.S. Coast Guard Sector
Eastern Great Lakes. Additionally, all
authorities that were vested in the
Commander, U.S. Coast Guard Sector
Buffalo 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 Eastern Great Lakes. 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.
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.
V. Regulatory Analyses
C. Collection of Information
We developed this rule after
considering numerous statutes and
This rule will not call for a new
collection of information under the
IV. Discussion of the Rule
ddrumheller on DSK120RN23PROD with RULES1
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders.
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87929
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.
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87930
Federal Register / Vol. 88, No. 243 / Wednesday, December 20, 2023 / Rules and Regulations
its place, ‘‘Sector Eastern Great Lakes,
NY’’.
List of Subjects
33 CFR Part 3
Organizations and functions
(Government agencies).
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Parts 100 and 165
■
5. The authority citation for part 165
continues to read as follows:
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:
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.
§ 165.911
[Amended]
6. In § 165.911, remove the word
‘‘Buffalo’’ and add, in its place, the
words ‘‘Eastern Great Lakes’’.
■
PART 3—COAST GUARD AREAS,
DISTRICTS, SECTORS, MARINE
INSPECTION ZONES, AND CAPTAIN
OF THE PORT ZONES
§ 165.939
[Amended]
■
1. The authority citation for part 3
continues to read as follows:
7. In § 165.939, remove the words
‘‘Port Buffalo’’ and add, in its place, the
words ‘‘Port Eastern Great Lakes’’.
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.
Dated: December 15, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and
Administrative Law.
■
■
2. Revise § 3.45–10 to read as follows:
§ 3.45–10 Sector Eastern Great Lakes
Marine Inspection Zone and Captain of the
Port Zone.
Sector Eastern Great Lakes’ office is
located in Buffalo, New York. The
boundaries of Sector Eastern Great
Lakes’ Marine Inspection Zone and
Captain of the Port Zone include all
navigable waters of the United States
and contiguous land areas within the
boundaries of an area starting from a
point on the international boundary in
Lake Erie at latitude 42°19′24″ N,
longitude 80°31′10″ W, proceeding
southwest along the international
boundary to a point at latitude 41°40′36″
N, longitude 82°25′00″ W; thence south
to latitude 41°00′00″ N; thence east to
longitude 78°54′58″ W; thence north to
latitude 42°00′00″ N; thence east to the
east bank of the Delaware River at
latitude 42°00′00″ N, longitude
75°21′28″ W; thence east to longitude
74°39′00″ W; thence north to the
international boundary at a point at
latitude 44°59′58″ N, longitude
74°39′00″ W; thence southeast along the
international boundary to the starting
point.
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PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
3. The authority citation for part 100
continues to read as follows:
■
1.
§ 100.901
[Amended]
4. In § 100.901, remove ‘‘Sector
Buffalo, NY’’ from table 1 and add, in
■
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I. Table of Abbreviations
[FR Doc. 2023–27943 Filed 12–19–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0965]
RIN 1625–AA00
Safety Zone; Laguna de Lobina,
Culebra, Puerto Rico
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule and
request for comments.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of Laguna de Lobina
within a 50-yard radius of Culebra
Bridge due to structural damage to the
bridge. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the damaged bridge.
Entry of persons and vessels from into
the safety zone is prohibited unless
specifically authorized by the Captain of
the Port San Juan or a designated
representative.
SUMMARY:
This temporary interim rule is
effective without actual notice from
December 20, 2023, through February
12, 2024. For the purposes of
enforcement, actual notice will be used
from December 14, 2023, until
December 20, 2023.
DATES:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
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Comments and related material must
reach the Coast Guard on or before
January 19, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0965 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’ See section VI of the
SUPPLEMENTARY INFORMATION for
information on public participation and
request for comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Lieutenant Commander Carlos
M. Ortega-Perez, Sector San Juan
Waterways Management Division, U.S.
Coast Guard; telephone 787–729–2380,
email Carlos.M.Ortega-Perez@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
structural damaged is causing the
potential collapse of the Culebra Bridge.
Due to this situation the Culebra Bridge
is temporary closed and immediate
action is needed to respond to the
potential safety hazards associated with
the bridge structural condition. It is
impracticable to publish an NPRM
because we must establish this safety
zone by December 14, 2023. Therefore,
we lack sufficient time to provide a
reasonable comment period and then to
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
E:\FR\FM\20DER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Rules and Regulations]
[Pages 87928-87930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27943]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 100, and 165
[Docket Number USCG-2023-0927]
RIN 1625-AA00
Coast Guard Sector Buffalo; Sector Name Conforming Amendment
AGENCY: Coast Guard, Department of Homeland Security.
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 Buffalo has been renamed U.S. Coast Guard Sector Eastern
Great Lakes. These changes will have no substantive effect on the
regulated public.
DATES: This rule is effective December 20, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0927 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 Commander Bo Ames, Ninth Coast Guard District
Legal Office, U.S. Coast Guard; telephone 216-902-6010, 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 eastern Great Lakes region highlighted that ``Sector
Buffalo'' alone did not adequately capture the breadth and range of
Coast Guard operations and relationships throughout the Eastern Great
Lakes. The Coast Guard has approved the name change to U.S. Coast Guard
Sector Eastern Great Lakes in order to acknowledge the long-standing
commitment to all communities throughout the Eastern Great Lakes 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 Eastern Great Lakes are not
changing, and its office is not moving from Buffalo, New York.
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.
[[Page 87929]]
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.
Operating Facility Change Order (OFCO) No. 036/23, issued November
6, 2023, changed the official unit name of U.S. Coast Guard Sector
Buffalo to U.S. Coast Guard Sector Eastern Great Lakes. See OFCO No.
036/23, which is available in the docket for this rule. The previous
name of Sector Buffalo is described and reflected in regulations, which
also contain contact details and other references to Sector Buffalo.
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. 036/23, issued November 6, 2023, changed the official unit
name of U.S. Coast Guard Sector Buffalo to U.S. Coast Guard Sector
Eastern Great Lakes. The November 2023 OFCO did not change the area of
responsibility (AOR). The AOR of U.S. Coast Guard Sector Eastern Great
Lakes is identical to that of what was U.S. Coast Guard Sector Buffalo.
All authorities and responsibilities previously assigned to Commander,
U.S. Coast Guard Sector Buffalo have been assigned to Commander, U.S.
Coast Guard Sector Eastern Great Lakes. Additionally, all authorities
that were vested in the Commander, U.S. Coast Guard Sector Buffalo 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
Eastern Great Lakes. 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 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.''
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. 1, Implementation of the National
Environmental Policy Act.
[[Page 87930]]
List of Subjects
33 CFR Part 3
Organizations and functions (Government agencies).
33 CFR Parts 100 and 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. 501, 504; Public Law 107-296, 116 Stat.
2135; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.
0
2. Revise Sec. 3.45-10 to read as follows:
Sec. 3.45-10 Sector Eastern Great Lakes Marine Inspection Zone and
Captain of the Port Zone.
Sector Eastern Great Lakes' office is located in Buffalo, New York.
The boundaries of Sector Eastern Great Lakes' Marine Inspection Zone
and Captain of the Port Zone include all navigable waters of the United
States and contiguous land areas within the boundaries of an area
starting from a point on the international boundary in Lake Erie at
latitude 42[deg]19'24'' N, longitude 80[deg]31'10'' W, proceeding
southwest along the international boundary to a point at latitude
41[deg]40'36'' N, longitude 82[deg]25'00'' W; thence south to latitude
41[deg]00'00'' N; thence east to longitude 78[deg]54'58'' W; thence
north to latitude 42[deg]00'00'' N; thence east to the east bank of the
Delaware River at latitude 42[deg]00'00'' N, longitude 75[deg]21'28''
W; thence east to longitude 74[deg]39'00'' W; thence north to the
international boundary at a point at latitude 44[deg]59'58'' N,
longitude 74[deg]39'00'' W; thence southeast along the international
boundary to the starting point.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
3. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. 100.901 [Amended]
0
4. In Sec. 100.901, remove ``Sector Buffalo, NY'' from table 1 and
add, in its place, ``Sector Eastern Great Lakes, NY''.
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. 165.911 [Amended]
0
6. In Sec. 165.911, remove the word ``Buffalo'' and add, in its place,
the words ``Eastern Great Lakes''.
Sec. 165.939 [Amended]
0
7. In Sec. 165.939, remove the words ``Port Buffalo'' and add, in its
place, the words ``Port Eastern Great Lakes''.
Dated: December 15, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-27943 Filed 12-19-23; 8:45 am]
BILLING CODE 9110-04-P
