[Federal Register Volume 73, Number 56 (Friday, March 21, 2008)]
[Rules and Regulations]
[Pages 15079-15080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5775]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 3

[USCG-2008-0073]
RIN 1625-ZA15


Sector Anchorage Western Alaska Marine Inspection and Captain of 
the Port Zones; Technical Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes a technical change in the boundary description 
of the Western Alaska Marine Inspection and Captain of the Port Zones, 
within the Seventeenth Coast Guard District's Sector Anchorage. This 
rule will have no substantive effect on the regulated public.

DATES: This final rule is effective March 21, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0073 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Commander Todd Styrwold, Coast Guard, telephone 202-372-2687. If 
you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard 
finds that this rule is exempt from notice and comment rulemaking 
requirements because this change involves agency organization, and good 
cause exists for not publishing an NPRM because the change made is non-
substantive. This rule only aligns regulatory language with existing 
Coast Guard internal documents that establish the boundaries of the 
affected zones. The change will have no substantive effect on the 
public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 
553(d)(3), the Coast Guard finds that, for the same reasons, good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register.

Background and Purpose

    In the Federal Register of July 2, 2007 (72 FR 36318), the Coast 
Guard issued a final rule to align various regulations with internal 
documents establishing a new system of sector commands. The regulation 
describing the boundaries of the Western Alaska Marine Inspection and 
Captain of the Port Zones, within the Seventeenth Coast Guard 
District's Sector Anchorage, contained an error. Due to the length of 
time since the erroneous description was issued, the Coast Guard is 
issuing a technical amendment, instead of a correction notice, to 
correct the description. The correction is informational and will have 
no substantive effect on the regulated public.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. As this rule involves internal agency 
organization and non-substantive changes, it will not impose any costs 
on the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
This rule does not require a general NPRM and, therefore, is exempt 
from the requirements of the Regulatory Flexibility Act. Although this 
rule is exempt, we have reviewed it for potential economic impact on 
small entities.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 15080]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(a) and (b), of the Instruction from further 
environmental documentation because this rule involves editorial, 
procedural, and internal agency functions. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 3

    Organization and functions (Government agencies).

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 3 as follows:

PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION 
ZONES, AND CAPTAIN OF THE PORT ZONES

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

    Authority: 14 U.S.C. 92; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.1, para. 2(23).

0
2. Amend Sec.  3.85-15 by revising paragraph (a) to read as follows:


Sec.  3.85-15  Sector Anchorage: Western Alaska Marine Inspection Zone 
and Captain of the Port Zones; Marine Safety Unit Valdez: Prince 
William Sound Marine Inspection and Captain of the Port Zones.

* * * * *
    (a) Sector Anchorage's Western Alaska Marine Inspection and Captain 
of the Port Zones start near the Canadian border on the EEZ at latitude 
60[deg]18'24'' N, longitude 141[deg]00'00'' W, proceeding southwest to 
latitude 60[deg]01'18'' N, longitude 142[deg]00'00'' W; thence south to 
the outermost extent of the EEZ at latitude 56[deg]14'50'' N, longitude 
142[deg]00'00'' W; thence southwest along the outermost extent of the 
EEZ to latitude 51[deg]22'15'' N, longitude 167[deg]38'28'' E; thence 
northeast along the outermost extent of the EEZ to latitude 
65[deg]30'00'' N, longitude 168[deg]58'37'' W; thence north along the 
outermost extent of the EEZ to latitude 72[deg]46'29'' N, longitude 
168[deg]58'37'' W; thence northeast along the outermost extent of the 
EEZ to latitude 74[deg]42'35'' N, longitude 156[deg]28'30'' W; thence 
southeast along the outermost extent of the EEZ to latitude 
72[deg]56'49'' N, longitude 137[deg]34'08'' W; thence south along the 
outermost extent of the EEZ to the coast near the Canadian border at 
latitude 69[deg]38'48.88'' N, longitude 140[deg]59'52.7'' W; thence 
south along the United States-Canadian boundary to the point of origin; 
and in addition, all the area described in paragraph (b) of this 
section.
* * * * *

    Dated: March 18, 2008.
Steve Venckus,
Chief, Office of Regulations and Administrative Law (CG-0943).
[FR Doc. E8-5775 Filed 3-20-08; 8:45 am]
BILLING CODE 4910-15-P