[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Rules and Regulations]
[Pages 26603-26605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket No. USCG-2011-0368]
RIN 1625-ZA30


Reorganization of Sector North Carolina; Technical Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive amendments to reflect the 
Coast Guard's reorganization of Sector North Carolina. The amendments 
describe the boundaries of Sector North Carolina's Marine Inspection 
Zone and Captain of the Port Zone, and provide updated contact 
information.

DATES: This final rule is effective May 9, 2011.

ADDRESSES: Materials mentioned in this preamble as being available in 
the docket are part of docket USCG-2011-0368 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 online at http://www.regulations.gov, inserting USCG-2011-
0368 in the ``Enter Keyword or ID'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail LT Kevin Sullivan, Sector North Carolina, Coast Guard; 
telephone 910-343-3876, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Regulatory History
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Changes
VI. Regulatory Analyses
    A. Executive Order 12866 and Executive Order 13563
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. 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 involve 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.

II. Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
NPRM Notice of Proposed Rulemaking
Sec.  Section symbol
U.S.C. United States Code

III. Basis and Purpose

    The Coast Guard has reorganized Sector North Carolina. The Coast 
Guard has the authority to do so under 14 U.S.C. 92, which gives the 
Secretary of Homeland Security the authority to establish the limits 
of, consolidate, discontinue, and re-establish Coast Guard districts; 
and DHS Delegation 0170.1, which delegates that authority to the Coast 
Guard.
    The previous organization of Sector North Carolina was described in 
regulations, which also contain contact details and other references to 
Sector North Carolina. This technical amendment updates those 
regulations so that they contain current information.

IV. Background

    Sector North Carolina was established by a 2007 technical amendment 
that updated regulations to reflect a broad sector realignment (72 FR 
36316, July 2, 2007). At that time, Sector North Carolina's office was 
located in Fort Macon, NC, with a Marine Safety Unit (MSU) in 
Wilmington, NC, responsible for the Cape Fear River Marine Inspection 
and Captain of the Port (COTP) Zones. Various regulations addressing 
marine events, safety zones, and regulated navigational areas contained 
references to Sector North Carolina, MSU Wilmington, and the Cape Fear 
River Marine Inspection and COTP Zones.
    The Coast Guard has now reorganized Sector North Carolina by moving 
the Sector office to Wilmington, NC and by disestablishing MSU 
Wilmington and the Cape Fear River Marine Inspection and COTP Zones. 
This reorganization is intended to improve field-level operations in 
the region and improve access to the Sector Commander for the industry 
within the Port of Wilmington. The consolidation into one COTP zone 
will strengthen unity of command in the Sector North Carolina area of 
responsibility and provide a single interface point for state and local 
officials.

V. Discussion of Changes

    This rule amends 33 CFR part 3 to reflect the new organization of 
Sector North Carolina. The revised Sec.  3.25-20 indicates that Sector 
North Carolina's office is located in Wilmington, NC, rather than in 
Fort Macon, NC, and eliminates the separate description of the Cape 
Fear River Marine Inspection and COTP Zones. The boundaries of the 
Sector's Marine Inspection Zone and COTP Zone are otherwise unchanged, 
except for the correction of a typographical error that previously had

[[Page 26604]]

placed the offshore boundary outside the exclusive economic zone.
    This rule also amends 33 CFR part 100, addressing special local 
regulations for marine events in the Fifth Coast Guard District. 
Specifically, it removes Sec.  100.501(d)(5), which had referred to the 
Cape Fear River COTP Zone, and revises Sec.  100.501(d) to provide 
updated contact information.
    This rule amends several sections of 33 CFR part 165 affecting 
safety zones and a regulated navigation area. Specifically, it provides 
updated contact information and updated COTP designations in Sec. Sec.  
165.506, 165.514, 165.515, 165.518, 165.530, and 165.540. These changes 
do not place any new requirements on the public.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

A. Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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. Because this rule involves internal agency 
organization and non-substantive changes, it will not impose any costs 
on the public.

B. 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 considered its potential impact on small entities 
and found that it will not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for 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.

D. 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).

E. 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.

F. 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.

G. Taking of Private Property

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

H. 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.

I. 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.

J. 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.

K. 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.

L. 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.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and

[[Page 26605]]

Commandant Instruction M16475.lD, which guide the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f), and have concluded 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 is categorically 
excluded under section 2.B.2, figure 2-1, paragraph (34)(a) of the 
Instruction. This rule involves editorial or procedural regulations. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 3, 100, and 165 as follows:

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

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

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


0
2. Revise Sec.  3.25-20 to read as follows:


Sec.  3.25-20  Sector North Carolina Marine Inspection Zone and Captain 
of the Port Zone.

    Sector North Carolina's office is located in Wilmington, NC. The 
boundary of Sector North Carolina's Marine Inspection Zone and Captain 
of the Port Zone starts at the sea on the North Carolina-Virginia 
border at 36 deg 33.04 min N. latitude, 75 deg 52.05 min W. longitude, 
and proceeds westerly along the North Carolina-Virginia boundary to the 
Tennessee boundary; thence southwesterly along the North Carolina-
Tennessee boundary to the Georgia boundary and then to the South 
Carolina boundary; thence easterly along the North Carolina-South 
Carolina boundary on the sea at 33 deg 51.06 min N. latitude, 78 deg 
32.46 min W. longitude. The offshore boundary starts at the North 
Carolina-South Carolina border and proceeds southeasterly to the 
outermost extent of the EEZ at 31 deg 42.1 min N. latitude, 74 deg 
30.75 min W. longitude; thence northeasterly along the outermost extent 
of the Exclusive Economic Zone to a point at 36 deg 32.99 min N. 
latitude, 71 deg 29.56 min W. longitude; thence west to the North 
Carolina-Virginia border at a point 36 deg 33.04 min N. latitude, 75 
deg 52.05 min W. longitude.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.


0
4. Amend Sec.  100.501 by revising paragraph (d)(4) to read as follows 
and removing paragraph (d)(5).


Sec.  100.501  Special Local Regulations; Marine Events in the Fifth 
Coast Guard District.

* * * * *
    (d) * * *
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone, 
North Carolina: (877) 229-0770 or (910) 772-2200.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
6. Amend Sec.  165.506 to revise paragraph (c)(4) to read as follows:


Sec.  165.506  Safety Zones; Fifth Coast Guard District Fireworks 
Displays.

* * * * *
    (c) * * *
    (4) Coast Guard Sector North Carolina--Captain of the Port Zone, 
Wilmington, NC: (877) 229-0770 or (910) 772-2200.
* * * * *

0
7. Amend Sec.  165.514 as follows:
0
a. In paragraph (b) introductory text and paragraph (c)(1), remove the 
word ``Wilmington'' wherever it appears and add, in its place, the 
words ``North Carolina''; and
0
b. Revise the last sentence in paragraph (d) to read as follows:


Sec.  165.514  Safety Zone: Atlantic Intracoastal Waterway and 
connecting waters, vicinity of Marine Corps Base Camp Lejeune, North 
Carolina.

* * * * *
    (d) * * * The Captain of the Port may be contacted at Sector North 
Carolina by telephone at (877) 229-0770 or (910) 772-2200.

0
8. Amend Sec.  165.515 as follows:
0
a. In paragraph (b), remove the word ``Wilmington,''; and
0
b. Revise the first sentence after the italic heading in paragraph (c) 
to read as follows:


Sec.  165.515  Safety Zone: Cape Fear River, Wilmington, North 
Carolina.

* * * * *
    (c) * * * The Captain of the Port and the Command Duty Officer at 
Sector North Carolina can be contacted at telephone number (877) 229-
0770 or (910) 772-2200. * * *
* * * * *


Sec.  165.518  [Amended]

0
9. In Sec.  165.518(c)(7), remove the text ``Wilmington: (910) 772-2200 
or (910) 254-1500'' and add, in its place, the text ``North Carolina: 
(877) 229-0770 or (910) 772-2200''.
0
10. Amend Sec.  165.530 as follows:
0
a. In paragraph (a), remove the word ``Wilmington'';
0
b. Revise the first sentence of paragraph (b)(1) to read as follows; 
and
0
c. Revise paragraph (b)(3) to read as follows:


Sec.  165.530  Safety Zone: Cape Fear and Northeast Cape Fear Rivers, 
NC.

* * * * *
    (b) * * *
    (1) The Captain of the Port and the Command Duty Officer at Sector 
North Carolina can be contacted at telephone number (877) 229-0770 or 
(910) 772-2200. * * *
* * * * *
    (3) Sector North Carolina will notify the maritime community of 
periods during which this safety zone will be in effect by providing 
advance notice of scheduled arrivals and departures of loaded hazardous 
materials vessels via a marine Broadcast Notice to Mariners.
* * * * *


Sec.  165.540  [Amended]

0
11. In Sec.  165.540(f)(10), remove the word ``Wilmington'' and add, in 
its place, the words ``North Carolina''.

    Dated: May 4, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2011-11261 Filed 5-6-11; 8:45 am]
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