[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6804-6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02214]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, and 165

[Docket Number USCG-2019-0943]


Coast Guard Sector Virgina; Sector Name Conforming Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

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 name change of ``Sector 
Hampton Roads Marine Inspection Zone and Captain of the Port Zone'' to 
``Sector Virginia Marine Inspection Zone and Captain of the Port 
Zone.'' This rule will have no substantive effect on the regulated 
public.

DATES: This rule is effective February 6, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0943 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 Commander Eric Matthies, Sector Logistics Division Chief, 
U.S. Coast Guard; telephone 757-483-8515, email 
[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

    Sector Hampton Roads leadership made the strategic decision to 
submit an Orgnization Modification Request to change the existing unit 
name from ``Sector Hampton Roads Marine Insepction Zone and Captain of 
the Port Zone'' (Sector Hampton Roads) to ``Sector Virginia Marine 
Inspection Zone and Captain of the Port Zone'' (Sector Virginia). The 
action was necessary to more accurately reflect the Sector's geographic 
operational responsibility and jurisdiction as well as to elimante 
confusion and bolster community relations. From a strategic 
communications and community relations perspective, keeping the name 
``Sector Hampton Roads'' created a unique challenge when working and 
coordinating efforts with communities, the media, and government 
officials outside of the Hampton Roads region. The name Sector Hampton 
Roads created confusion with outlying communities such as those in the 
Upper Middle Peninsulas of Virginia as well as the Eastern Shore of 
Virginia. By renaming the unit to ``Sector Virginia,'' it more 
appropriately identifies the unit to our federal, state, and local 
government agency partners, who cohesively service the state of 
Virginia, with the exception of the Maryland-National Capital Region. 
Also, the name change to ``Sector Virginia'' enhances communications 
and formal Coast Guard name recoginition with our port partners who 
attend statewide meetings in support of the Area Maritime Security 
Committees, Area Committes and Harbor Safety Committees as well as 
coordinating incident response during natural disasters and National 
Special Security Events. The name change to ``Sector Virginia'' has no 
effect on the area of operation boundary lines or existing 
organizational structure.
    The purpose of this rulemaking is to align the text of Coast Guard 
regulations, with a change in the Coast Guard's internal organization. 
Specifically, this rule amends 33 CFR 3.25-10, to reflect the changed 
sector name from ``Sector Hampton Roads Marine Insepction Zone and 
Captain of the Port Zone'' to ``Sector Virginia Marine Inspection Zone 
and Captain of the Port Zone'', and makes corresponding changes to 33 
CFR 100.501, 165.501, 165.503, 165.504, 165.506, 165.518, and 165.550.
    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 Coast Guard regulations, in order to align 
with a change in the Coast Guard's internal organization. The amendment 
describes the name change from Sector Hampton Roads to Sector Virginia. 
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. 
504(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

[[Page 6805]]

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 it 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 IV.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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 L55 in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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

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--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.  3.25-10  [Amended]

0
2. In Sec.  [thinsp]3.25-10, remove the words ``Hampton Roads'' 
wherever they appear and add in their place the word ``Virginia''.

 PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


Sec.  100.501  [Amended]

0
 4. In Sec.  100.501, remove the words ``Hampton Roads'' wherever they 
appear and add in their place the word ``Virginia''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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


[[Page 6806]]


    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


Sec.  165.501  [Amended]

0
 6. In Sec.  165.501(b), remove the words ``Hampton Roads'' wherever 
they appear and add in their place the word ``Virginia''.


Sec.  165.503  [Amended]

0
7. In Sec.  165.503:
0
a. In paragraph (a) amend the definition of ``Designated 
Representative'' by removing the words ``Hampton Roads,''; and
0
b. Amend paragraphs (b) and (c) by removing the words ``Hampton Roads'' 
and adding their place ``Virginia.''


Sec.  165.504  [Amended]

0
 8. In Sec.  165.504(c)(1)(vii)(A), remove the words ``Hampton 
Roads,''.


Sec.  165.506  [Amended]

0
 9. In Sec.  165.506, remove the words ``Hampton Roads'' wherever they 
appear and add in their place the word ``Virginia''.


Sec.  165.518  [Amended]

0
10. In Sec.  165.518(c)(7), remove the words ``Hampton Roads'' wherever 
they appear and add in their place the word ``Virginia''.


Sec.  165.550  [Amended]

0
11. In Sec.  165.550 (a)(3) and (d)(2)(iii), remove the words ``Hampton 
Roads'' wherever they appear and add in their place the word 
``Virginia''.

    Dated: January 30, 2020.
K.M. Carroll,
Captain, U.S. Coast Guard, Sector Commander.
[FR Doc. 2020-02214 Filed 2-5-20; 8:45 am]
 BILLING CODE 9110-04-P