[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 30898-30899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10195]



[[Page 30898]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 3

[Docket Number USCG-2023-0223]


Technical, Organizational, and Conforming Amendments; Sector 
Columbia River, WA and Sector North Bend, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive changes to Coast Guard 
regulations in association with a change in the Coast Guard's internal 
organization. The purpose of this rule is to reflect the 
disestablishment of Sector North Bend and reorganization of Sector 
Columbia River. These changes will have no substantive effect on the 
regulated public.

DATES: This rule is effective May 15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0223 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 Lieutenant Katie Graichen, District 13 Legal Office, U.S. 
Coast Guard; telephone 206-220-7110, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AOR Area of responsibility
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OCMI Officer in Charge of Marine Inspections
OFCO Operating Facility Change Order
SAR Search and rescue
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard implemented the sector construct to consolidate 
earlier organizational structures. Within the Thirteenth Coast Guard 
District, Sector Columbia River and Sector North Bend have not fully 
conformed to the standard sector construct. In 2013, the Coast Guard 
amended 33 CFR part 3 to reflect changes in agency organization by 
creating and defining Coast Guard sectors that would ``exercise 
specific Search and Rescue Mission Coordinator authority over a 
designated portion of an encompassing sector's area of 
responsibility.'' See 78 FR 39163 (2013). Sector North Bend was one 
such sector, receiving Search and Rescue (SAR) Mission Coordinator 
authority over a designated portion of Sector Columbia River's 
encompassing area of responsibility. See 33 CFR 3.65-20.
    To better align with the standard sector structure and to improve 
internal efficiencies, the Coast Guard is reorganizing Sector Columbia 
River and Sector North Bend. Specifically, Sector North Bend is being 
disestablished, so the regulation granting it special SAR Mission 
Coordinator authority is no longer applicable. The geographic 
boundaries of Sector Columbia River are not changing, but its office is 
moving from Astoria, OR, to Portland, OR.
    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.
    Operating Facility Change Order (OFCO) No. 034-22 announced the 
reorganization of Sector Columbia River and disestablishment of Sector 
North Bend. These conforming amendments update the regulation that 
describes Sector Columbia River so that it contains current information 
and removes the regulation that describes Sector North Bend.
    Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has 
the authority to establish and prescribe the purpose of Coast Guard 
Shore establishments. And under 33 CFR 1.05-1(h), the Chief of the 
Coast Guard's Office of Regulations and Administrative Law has been 
delegated authority to issue technical, organizational, and conforming 
amendments and corrections to regulations to reflect changes introduced 
by OFCO No. 034-22.

IV. Discussion of the Rule

    OFCO No. 034-22 announced the reorganization of Sector Columbia 
River and disestablishment of Sector North Bend and this rule reflects 
that organizational change in part 3 of Title 33 of the Code of Federal 
Regulations. OFCO No. 034-22 did not change Sector Columbia River's 
Area of Responsibility (AOR) but it relocated its office location. 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. This rule amends Sec.  3.65-15 to update the 
location of Sector Columbia River's office to Portland, OR.
    This rule also removes Sec.  3.65-20 because it is no longer 
necessary after the disestablishment of Sector North Bend. Sector North 
Bend's SAR Mission Coordinator authority specified in Sec.  3.65-20 
need not be addressed in Sec.  3.65-15. Sector Columbia River 
encompasses the AOR of Sector North Bend and, in conformity with other 
sector regulations in 33 CFR part 3, SAR Mission Coordinator authority 
need not be specified in Sec.  3.65-15.
    Accordingly, this rule does not change Sector Columbia River's 
sector, OCMI, or COTP zone boundary lines, nor does it substantively 
impact existing regulated navigation area, safety zone, or security 
zone regulation, or any naval vessel protection zones. This rule does, 
however, revise Sec.  3.01-1 to reflect that after the disestablishment 
of Sector North Bend, only one sector remains with specified SAR 
Mission Coordinator authority.

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.

[[Page 30899]]

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).
    This regulatory action determination is based on the finding that 
the disestablishment of Sector North Bend and reorganization 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.''
    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. 1, Implementation of the National 
Environmental Policy Act.

List of Subjects in 33 CFR Part 3

    Organizations and functions (Government agencies).

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 3 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. 501, 504; Pub. L. 107-296, 116 Stat. 2135; 
Department of Homeland Security Delegation No. 00170.1, Revision No. 
01.2.


Sec.  3.01-1   [Amended]

0
2. In Sec.  3.01-1(d)(3) remove the words ``Some specified sectors 
exercise'' and add, in their place, the words ``A specified sector 
exercises''.

0
3. Revise Sec.  3.65-15 to read as follows:


Sec.  3.65-15   Sector Columbia River Marine Inspection Zone and 
Captain of the Port Zone.

    Sector Columbia River's office is located in Portland, OR. The 
boundaries of Sector Columbia River's Marine Inspection and Captain of 
the Port Zones start at the Washington coast at latitude 47[deg]32'00'' 
N, longitude 124[deg]21'15'' W, proceeding along this latitude east to 
latitude 47[deg]32'00'' N, longitude 123[deg]18'00'' W; thence south to 
latitude 46[deg]55'00'' N, longitude 123[deg]18'00'' W; thence east 
along this latitude to the eastern Idaho state line; thence southeast 
along the Idaho state line to the intersection of the Idaho-Wyoming 
boundary; thence south along the Idaho-Wyoming boundary to the 
intersection of the Idaho-Utah-Wyoming boundaries; thence west along 
the southern border of Idaho to Oregon and then west along the southern 
border of Oregon to the coast at latitude 41[deg]59'54'' N, longitude 
124[deg]12'42'' W; thence west along the southern boundary of the 
Thirteenth Coast Guard District, which is described in Sec.  3.65-10, 
to the outermost extent of the EEZ at latitude 41[deg]38'35'' N, 
128[deg]51'26'' W; thence north along the outermost extent of the EEZ 
to latitude 47[deg]32'00'' N; thence east to the point of origin.


Sec.  3.65-20   [Removed]

0
4. Remove Sec.  3.65-20.

    Dated: May 9, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-10195 Filed 5-12-23; 8:45 am]
BILLING CODE 9110-04-P