[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27614-27616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12578]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 3

[Docket Number USCG-2017-0436]


Coast Guard Sector, Marine Inspection Zone, and Captain of the 
Port Zone Structure; Technical Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive amendments to Coast Guard 
regulations in association with a change in the Coast Guard's internal 
organization. The amendment describes the boundaries of a sector, 
marine inspection zones, and Captain of the Port zones; and describes 
the reporting relationship between field units; or reflects a change in 
the identity of the field unit that is responsible for a particular 
matter. This rule will have no substantive effect on the regulated 
public.

DATES: This rule is effective June 15, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0436 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 on this rule, 
call or email LCDR Steve Youde at (985) 380-5318 or at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    In June 2015, the Coast Guard decided to make a change to the 
reporting relationship between several of its units within the Eighth 
District. Specifically, Marine Safety Unit (MSU) Houma, Louisiana, will 
report directly to Sector

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New Orleans, Louisiana, and MSU Morgan City, Louisiana, will report to 
MSU Houma. Currently, MSU Houma reports to MSU Morgan City. This action 
is needed in order to improve efficiency and increase capabilities by 
placing resources in closer proximity to work. Coast Guard forces in 
the MSU Morgan City area of responsibility are currently made up of the 
parent command at MSU Morgan City, a sub-unit, MSU Houma, located in 
Houma, and a small detached duty office located in Lafayette. This 
arrangement was appropriate when Morgan City was the hub of the 
offshore industry, but the energy boom and associated rise of deepwater 
exploration and production has made Port Fourchon, located much closer 
to Houma, the hub of the offshore industry. As a result, the marine 
safety workload has both increased and moved southeast towards Houma. 
To a lesser degree, the workload in Lafayette has also increased. This 
organizational change will transfer the larger command element, 
including the Captain of the Port (COTP) and Officer in Charge Marine 
Inspection (OCMI) and several offshore functions, including: Port state 
control, offshore investigations, and offshore pollution response from 
Morgan City to Houma. Houma is the central airborne support area for 
the Gulf of Mexico, the location of the district Bureau of Safety and 
Environmental Enforcement (BSEE) office, and the location of the Coast 
Guard's Outer Continental Shelf National Center of Expertise. Houma is 
a larger city than Morgan City and has better infrastructure to locate 
most of the Coast Guard Marine Safety functions and resources currently 
residing in Morgan City.
    The purpose of this rulemaking is to align the text of 33 CFR 3.40-
15 with a change in the Coast Guard's internal organization.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b) (A) and (B), the Coast Guard 
finds that this rule is exempt from notice and comment rulemaking 
requirements because these changes involve rules of agency 
organization, and good cause exists for not publishing an NPRM because 
the changes made are all non-substantive. This rule consists only of 
organizational amendments. These changes 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. The rule makes non-
substantive amendments to 33 CFR 3.40-15, in order to align with a 
change in the Coast Guard's internal organization. The rule describes 
the boundaries of a Sector, marine inspection zones, and Captain of the 
Port zones; and describes the reporting relationship between field 
units; or reflects a change in the identity of the field unit that is 
responsible for a particular matter. This rule will have no substantive 
effect on the regulated public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C 
93(a)(2), as delegated, to establish, change the location of, maintain, 
and operate Coast Guard shore establishments. The rule is needed to 
reflect a change in the Coast Guard's internal organization.

IV. 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, and we 
discuss First Amendment rights of protestors.

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.

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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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.

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

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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 consists only of organizational amendments. It is categorically 
excluded from further review under paragraph 34(b) of Figure 2-1 of the 
Commandant Instruction.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 3

    Organization and functions (Government agencies).

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

PART 3--SAFETY 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.  3.40-15   [Amended]

0
2. In Sec.  3.40-15, remove the words ``Morgan City'' wherever they 
appear in the section and add in their place the word ``Houma''.

    Dated: May 25, 2017.
W.R. Arguin,
Captain, U.S. Coast Guard, Sector Commander.
[FR Doc. 2017-12578 Filed 6-13-17; 4:15 pm]
 BILLING CODE 9110-04-P