[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38592-38595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13983]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket Number USCG-2016-0060]


Renaming of Sector Baltimore as Sector Maryland-National Capital 
Region; Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the Code of Federal Regulations 
(CFR) to reflect its renaming of Coast Guard Sector Baltimore as Coast 
Guard Sector Maryland-National Capital Region. These conforming 
amendments are necessary to ensure the CFR accurately reflects the new 
command name changes that were approved September 17, 2015. These 
amendments are not expected to have a substantive impact on the public.

DATES: This rule is effective June 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0060 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Dennis Sens, Fifth Coast Guard District, Prevention 
Division, telephone 757-398-6204, email [email protected].

[[Page 38593]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OFCO Operating Facility Change Order
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 17, 2015, the Coast Guard approved renaming Sector 
Baltimore as Sector Maryland-National Capital Region. The Coast Guard 
is renaming the Sector to more clearly identify the unit's missions and 
area of responsibility to the public.
    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(a)(2) and 
(b)(A) because the changes it makes are conforming amendments involving 
agency management and organization. The Coast Guard also finds good 
cause exists under 5 U.S.C. 553(b)(B) for not publishing an NPRM 
because the changes will have no substantive effect on the public, and 
notice and comment are therefore unnecessary. For the same reasons, the 
Coast Guard finds good cause under 5 U.S.C. 553(d)(3) to make the rule 
effective fewer than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C. 
93. The purpose of this rule is to more clearly identify the functions 
and area of responsibility of this Coast Guard unit to the public. The 
Sector's location and boundaries are described in 33 CFR 3.25-15. The 
previous organization of Sector Baltimore is described and reflected in 
regulations, which also contain contact details and other references to 
Sector Baltimore. These conforming amendments update those regulations 
so that they contain current information under unit name Sector 
Maryland-National Capital Region.

IV. Discussion of the Rule

    This rule amends existing regulations in 33 CFR to reflect the 
renaming of Sector Baltimore as ``Sector Maryland-National Capital 
Region.'' It also removes a temporary section that mentions Sector 
Baltimore, Sec.  165.T05-0767, which we intended to be a rule lasting 6 
hours that was to expire in 2013 but which still appears in the CFR. 
There will be no relocation of units, operational assets or personnel 
due to the renaming of Sector Baltimore. Sector Maryland-National 
Capital Region will retain Captain of the Port, Federal Maritime 
Security Coordinator, Officer in Charge Marine Inspection, Federal on 
Scene Coordinator, and all other authorities, responsibilities and sub-
units, as previously assigned to Sector Baltimore. Only the title of 
these officials will change to reflect the new name of the sector. See 
Operating Facility Change Order (OFCO) No. 007-16 which is available in 
the docket for this rule.

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. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. Because this rule involves internal agency organization and 
non-substantive changes, it will not impose any costs 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. 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

[[Page 38594]]

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 involves internal administrative action involving the renaming a 
Coast Guard unit. It is categorically excluded from further review 
under paragraph 34(b) of Figure 2-1 of the Commandant Instruction.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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, 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 & 93; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 0170.1, para. 2(23).


Sec.  3.25-15  [Amended]

0
2. In Sec.  3.25-15, in the section heading, remove the word 
``Baltimore'' and add in its place the words ``Maryland-National 
Capital Region'' and in the text, remove the word ``Baltimore's'' in 
the first and second sentences and add in its place the words ``Sector 
Maryland-National Capital Region's''.

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.


Sec.  100.501  [Amended]

0
4. In Sec.  100.501--
0
a. In paragraph (d)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and
0
b. In the Table to Sec.  100.501, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


Sec.  165.T05-0767  [Removed]

0
6. Remove Sec.  165.T05-0767.


Sec.  165.500  [Amended]

0
7. In Sec.  165.500--
0
a. In paragraph (b), remove the word ``Baltimore'' and add, in its 
place, the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2), remove the words ``Baltimore, Maryland'', and 
add, in their place, the words ``Maryland-National Capital Region''.


Sec.  165.502  [Amended]

0
8. In Sec.  165.502, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.505  [Amended]

0
9. In Sec.  165.505, in paragraph (b)(1), remove the words ``Baltimore, 
Maryland'', and add, in their place, the words ``Maryland-National 
Capital Region''.


Sec.  165.506  [Amended]

0
10. In Sec.  165.506--
0
a. In paragraph (c)(2), remove the words ``Sector Baltimore'' and add, 
in their place, the words ``Sector Maryland-National Capital Region'' 
and remove the words ``Baltimore, Maryland'' and add, in their place, 
the words ``Maryland-National Capital Region''; and

0
b. In the Table to Sec.  165.506, in heading (b.), remove the word 
``Baltimore'' and add, in its place, the words ``Maryland-National 
Capital Region''.


Sec.  165.507  [Amended]

0
11. In Sec.  165.507--
0
a. In paragraph (a) remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.508  [Amended]

0
12. In Sec.  165.508--
0
a. In paragraph (a) remove paragraph designation (1) and remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places the words ``Maryland-National Capital Region''; and
0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region'' and in paragraph (c)(3) remove the 
words ``Baltimore to'' and add, in their place, the words ``Sector 
Maryland-National Capital Region''.


Sec.  165.509  [Amended]

0
13. In Sec.  165.509, in paragraphs (a) and (c)(2) and (3), remove the 
words ``Baltimore, Maryland'' wherever they appear, and add, in their 
places, the words ``Maryland-National Capital Region'', and in 
paragraph (c)(3) remove the words ``Baltimore to'' and add, in their 
place the words ``Sector Maryland-National Capital Region''.


Sec.  165.512  [Amended]

0
14. In Sec.  165.512--
0
a. In paragraph (a)(1), remove the words ``Baltimore, Maryland'' 
wherever they appear, and add, in their places, the words ``Maryland-
National Capital Region''; and remove the words ``Sector Baltimore'' 
and add, in their place, the words ``Sector Maryland-National Capital 
Region''; and

[[Page 38595]]


0
b. In paragraphs (c)(2) and (3), remove the words ``Baltimore, 
Maryland'' wherever they appear, and add, in their places the words 
``Maryland-National Capital Region''.


Sec.  165.513  [Amended]

0
15. In Sec.  165.513--
0
a. In paragraph (a) remove the words ``Port Baltimore'' wherever they 
appear, and add, in their places, the words ``Port, Maryland-National 
Capital Region'' and remove the words ``Baltimore, Maryland'' wherever 
they appear, and add, in their places the words ``Maryland-National 
Capital Region''; and
0
b. In paragraphs (c)(2)-(4), remove the words ``Port Baltimore'' 
wherever they appear, and add, in their places, the words ``Port, 
Maryland-National Capital Region''.


Sec.  165.518  [Amended]

0
16. In Sec.  165.518, in paragraph (c)(7) remove the word ``Baltimore'' 
and add, in its place, the words ``Maryland-National Capital Region'', 
and in paragraph (c)(3) remove the words ``Baltimore to'' and add, in 
their place, the words ``Sector Maryland-National Capital Region''.

    Dated: June 8, 2016.
Katia Kroutil,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2016-13983 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P