[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Pages 48444-48447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16987]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3 and 165

[Docket Number USCG-2022-0429]


Coast Guard Sector Guam; Sector Name Conforming 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

[[Page 48445]]

in the Coast Guard's internal organization. These amendments reflect 
that U.S. Coast Guard Sector Guam has been renamed U.S. Coast Guard 
Forces Micronesia/Sector Guam. This rule will have no substantive 
effect on the regulated public.

DATES: This rule is effective August 9, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0429 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Sandra J. Miracle, U.S. Coast Guard; telephone 202-372-
3851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AOR Area of responsibility
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

    Several years ago, the Coast Guard recognized the need to increase 
force allocation to Sector Guam's area of responsibility and asset 
presence in Oceania. The multi-year review of Sector Guam's missions 
and engagements within the region highlighted that ``Sector Guam'' 
alone did not adequately capture the breadth and range of Coast Guard 
operations and relationships throughout the U.S. Territories of Guam 
and the Commonwealth of the Northern Mariana Islands, as well as the 
Compact of Free Association States in Micronesia. The Coast Guard has 
approved the name change to U.S. Coast Guard Forces Micronesia/Sector 
Guam in order to acknowledge the long standing commitment to Oceania 
partners and to reaffirm the multi-mission support that the Coast Guard 
provides to ensure safety at sea and enhanced maritime governance.
    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(b)(A) 
because the changes it makes are conforming amendments involving 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.

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 at 33 CFR 1.05-1(h), to issue regulations 
necessary to implement technical, organizational, and conforming 
amendments and corrections to rules, regulations, and notices.
    On February 28, 2022, the Coast Guard changed the official unit 
name of U.S. Coast Guard Sector Guam to U.S. Coast Guard Forces 
Micronesia/Sector Guam. See Operating Facility Change Order (OFCO) No. 
012-22, which is available in the docket for this rule. The previous 
name of Sector Guam is described and reflected in regulations, which 
also contain contact details and other references to Sector Guam. These 
conforming amendments update those regulations so that they contain 
current information.
    Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has 
authority to establish and prescribe the purpose of Coast Guard Shore 
establishments. This authority has been delegated to the Chief of the 
Coast Guard's Office of Regulations and Administrative Law under 33 CFR 
1.05-1(h).

IV. Discussion of the Rule

    OFCO No. 012-22, issued February 28, 2022, changed the name of U.S. 
Coast Guard Sector Guam to U.S. Coast Guard Forces Micronesia/Sector 
Guam. This rule simply reflects that name change in parts 3 and 165 of 
Title 33 of the Code of Federal Regulations. Part 3 of 33 CFR describes 
the location of U.S. Coast Guard districts, sectors, and Captain of the 
Port (COTP) and Officer in Charge of Marine Inspections (OCMI) zones. 
And part 165 contains regulations for regulated navigation areas, 
safety zones, and security zones that make references to Captains of 
the Port.
    The February 2022 OFCO did not change the area of responsibility 
(AOR). The AOR of U.S. Coast Guard Forces Micronesia/Sector Guam is 
identical to that of what was U.S. Coast Guard Sector Guam. All 
authorities and responsibilities previously assigned to Commander, U.S. 
Coast Guard Sector Guam have been assigned to Commander, U.S. Coast 
Guard Forces Micronesia/Sector Guam. Additionally, all authorities that 
were vested in the Commander, U.S. Coast Guard Sector Guam as it 
pertains to the COTP, the OCMI, the Federal On Scene Coordinator, the 
Federal Maritime Security Coordinator, and the Search and Rescue 
Coordinator, have been assigned to Commander, U.S. Coast Guard Forces 
Micronesia/Sector Guam.
    This rule does not change any sector, OCMI, or COTP zone boundary 
lines, nor does it have any substantive impact on existing regulated 
navigation area, safety zone, or security zone regulation, or any naval 
vessel protection zones.

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. 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 V.A above, this rule will not 
have a significant economic impact on any member of the public, 
including ``small entities.''

[[Page 48446]]

    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.

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 L3 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01, Implementation of the 
National Environmental Policy Act.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

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 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 is revised to read as follows:

    Authority:  14 U.S.C. 501, 504; Public Law 107-296, 116 Stat. 
2135; Department of Homeland Security Delegation No. 00170.1, 
Revision No. 01.2.


0
2. Revise Sec.  3.70-15 to read as follows:


Sec.  3.70-15   U.S. Coast Guard Forces Micronesia/Sector Guam Marine 
Inspection Zone and Captain of the Port Zone.

    U.S. Coast Guard Forces Micronesia/Sector Guam's office is located 
in Santa Rita, Guam. The boundaries of U.S. Coast Guard Forces 
Micronesia/Sector Guam's Marine Inspection Zone and Captain of the Port 
Zone comprise the Territory of Guam and the adjacent waters of the EEZ, 
and the Commonwealth of the Northern Mariana Islands and the adjacent 
waters of the EEZ. U.S. Coast Guard Forces Micronesia/Sector Guam's 
Marine Inspection Zone also includes the Republic of Palau, the 
Republic of the Marshall Islands, and the Federated States of 
Micronesia.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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


    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. 
00170.1, Revision No. 01.2.


Sec.  165.1401  [Amended]

0
4. In Sec.  165.1401(b)(3), remove the word ``Guam'' and add, in its 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.


Sec.  165.1402  [Amended]

0
5. In Sec.  165.1402 in paragraph (a) introductory text, remove the 
word ``Guam'' and add, in its place, the words ``U.S. Coast Guard 
Forces Micronesia/Sector Guam''.


Sec.  165.1404  [Amended]

0
6. In Sec.  165.1404(b), remove the word ``Guam'' and add, in its 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.


Sec.  165.1405  [Amended]

0
7. In Sec.  165.1405 in paragraphs (d)(1), (3) and (6), remove the word 
``Guam'' and add, in its place, the words ``U.S. Coast Guard Forces 
Micronesia/Sector Guam''.


Sec.  165.1416  [Amended]

0
8. In Sec.  165.1416(a), remove the word ``Guam'' and add, in its 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.


Sec.  165.1417  [Amended]

0
9. In Sec.  165.1417:
0
a. In paragraph (a), remove the word ``Guam'' and add, in its place, 
the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.


Sec.  165.1418  [Amended]

0
10. In Sec.  165.1418:
0
a. In paragraph (a), remove the words ``Guam Captain of the Port'' and 
add, in its place, the words ``U.S. Coast Guard Forces Micronesia/
Sector Guam Captain of the Port''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

[[Page 48447]]

Sec.  165.1419  [Amended]

0
11. In Sec.  165.1419:
0
a. In paragraph (a), remove the words ``Captain of the Port Guam'' and 
add, in their place, the words ``Captain of the Port U.S. Coast Guard 
Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their 
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

    Dated: August 3, 2022.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-16987 Filed 8-8-22; 8:45 am]
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