[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Rules and Regulations]
[Pages 26603-26605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11261]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 3, 100, and 165
[Docket No. USCG-2011-0368]
RIN 1625-ZA30
Reorganization of Sector North Carolina; Technical Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive amendments to reflect the
Coast Guard's reorganization of Sector North Carolina. The amendments
describe the boundaries of Sector North Carolina's Marine Inspection
Zone and Captain of the Port Zone, and provide updated contact
information.
DATES: This final rule is effective May 9, 2011.
ADDRESSES: Materials mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0368 and are available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket online at http://www.regulations.gov, inserting USCG-2011-
0368 in the ``Enter Keyword or ID'' box, and then clicking ``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LT Kevin Sullivan, Sector North Carolina, Coast Guard;
telephone 910-343-3876, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Regulatory History
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Changes
VI. Regulatory Analyses
A. Executive Order 12866 and Executive Order 13563
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. 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 involve 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.
II. Abbreviations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
NPRM Notice of Proposed Rulemaking
Sec. Section symbol
U.S.C. United States Code
III. Basis and Purpose
The Coast Guard has reorganized Sector North Carolina. The Coast
Guard has the authority to do so under 14 U.S.C. 92, which gives the
Secretary of Homeland Security the authority to establish the limits
of, consolidate, discontinue, and re-establish Coast Guard districts;
and DHS Delegation 0170.1, which delegates that authority to the Coast
Guard.
The previous organization of Sector North Carolina was described in
regulations, which also contain contact details and other references to
Sector North Carolina. This technical amendment updates those
regulations so that they contain current information.
IV. Background
Sector North Carolina was established by a 2007 technical amendment
that updated regulations to reflect a broad sector realignment (72 FR
36316, July 2, 2007). At that time, Sector North Carolina's office was
located in Fort Macon, NC, with a Marine Safety Unit (MSU) in
Wilmington, NC, responsible for the Cape Fear River Marine Inspection
and Captain of the Port (COTP) Zones. Various regulations addressing
marine events, safety zones, and regulated navigational areas contained
references to Sector North Carolina, MSU Wilmington, and the Cape Fear
River Marine Inspection and COTP Zones.
The Coast Guard has now reorganized Sector North Carolina by moving
the Sector office to Wilmington, NC and by disestablishing MSU
Wilmington and the Cape Fear River Marine Inspection and COTP Zones.
This reorganization is intended to improve field-level operations in
the region and improve access to the Sector Commander for the industry
within the Port of Wilmington. The consolidation into one COTP zone
will strengthen unity of command in the Sector North Carolina area of
responsibility and provide a single interface point for state and local
officials.
V. Discussion of Changes
This rule amends 33 CFR part 3 to reflect the new organization of
Sector North Carolina. The revised Sec. 3.25-20 indicates that Sector
North Carolina's office is located in Wilmington, NC, rather than in
Fort Macon, NC, and eliminates the separate description of the Cape
Fear River Marine Inspection and COTP Zones. The boundaries of the
Sector's Marine Inspection Zone and COTP Zone are otherwise unchanged,
except for the correction of a typographical error that previously had
[[Page 26604]]
placed the offshore boundary outside the exclusive economic zone.
This rule also amends 33 CFR part 100, addressing special local
regulations for marine events in the Fifth Coast Guard District.
Specifically, it removes Sec. 100.501(d)(5), which had referred to the
Cape Fear River COTP Zone, and revises Sec. 100.501(d) to provide
updated contact information.
This rule amends several sections of 33 CFR part 165 affecting
safety zones and a regulated navigation area. Specifically, it provides
updated contact information and updated COTP designations in Sec. Sec.
165.506, 165.514, 165.515, 165.518, 165.530, and 165.540. These changes
do not place any new requirements on the public.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
A. Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. Because this rule involves internal agency
organization and non-substantive changes, it will not impose any costs
on the public.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
C. Assistance for 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.
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
F. 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.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
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.
K. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and
[[Page 26605]]
Commandant Instruction M16475.lD, which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321-4370f), and have concluded 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 is categorically
excluded under section 2.B.2, figure 2-1, paragraph (34)(a) of the
Instruction. This rule involves editorial or procedural regulations. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 3
Organization and functions (Government agencies).
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23).
0
2. Revise Sec. 3.25-20 to read as follows:
Sec. 3.25-20 Sector North Carolina Marine Inspection Zone and Captain
of the Port Zone.
Sector North Carolina's office is located in Wilmington, NC. The
boundary of Sector North Carolina's Marine Inspection Zone and Captain
of the Port Zone starts at the sea on the North Carolina-Virginia
border at 36 deg 33.04 min N. latitude, 75 deg 52.05 min W. longitude,
and proceeds westerly along the North Carolina-Virginia boundary to the
Tennessee boundary; thence southwesterly along the North Carolina-
Tennessee boundary to the Georgia boundary and then to the South
Carolina boundary; thence easterly along the North Carolina-South
Carolina boundary on the sea at 33 deg 51.06 min N. latitude, 78 deg
32.46 min W. longitude. The offshore boundary starts at the North
Carolina-South Carolina border and proceeds southeasterly to the
outermost extent of the EEZ at 31 deg 42.1 min N. latitude, 74 deg
30.75 min W. longitude; thence northeasterly along the outermost extent
of the Exclusive Economic Zone to a point at 36 deg 32.99 min N.
latitude, 71 deg 29.56 min W. longitude; thence west to the North
Carolina-Virginia border at a point 36 deg 33.04 min N. latitude, 75
deg 52.05 min W. longitude.
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.
0
4. Amend Sec. 100.501 by revising paragraph (d)(4) to read as follows
and removing paragraph (d)(5).
Sec. 100.501 Special Local Regulations; Marine Events in the Fifth
Coast Guard District.
* * * * *
(d) * * *
(4) Coast Guard Sector North Carolina--Captain of the Port Zone,
North Carolina: (877) 229-0770 or (910) 772-2200.
* * * * *
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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
6. Amend Sec. 165.506 to revise paragraph (c)(4) to read as follows:
Sec. 165.506 Safety Zones; Fifth Coast Guard District Fireworks
Displays.
* * * * *
(c) * * *
(4) Coast Guard Sector North Carolina--Captain of the Port Zone,
Wilmington, NC: (877) 229-0770 or (910) 772-2200.
* * * * *
0
7. Amend Sec. 165.514 as follows:
0
a. In paragraph (b) introductory text and paragraph (c)(1), remove the
word ``Wilmington'' wherever it appears and add, in its place, the
words ``North Carolina''; and
0
b. Revise the last sentence in paragraph (d) to read as follows:
Sec. 165.514 Safety Zone: Atlantic Intracoastal Waterway and
connecting waters, vicinity of Marine Corps Base Camp Lejeune, North
Carolina.
* * * * *
(d) * * * The Captain of the Port may be contacted at Sector North
Carolina by telephone at (877) 229-0770 or (910) 772-2200.
0
8. Amend Sec. 165.515 as follows:
0
a. In paragraph (b), remove the word ``Wilmington,''; and
0
b. Revise the first sentence after the italic heading in paragraph (c)
to read as follows:
Sec. 165.515 Safety Zone: Cape Fear River, Wilmington, North
Carolina.
* * * * *
(c) * * * The Captain of the Port and the Command Duty Officer at
Sector North Carolina can be contacted at telephone number (877) 229-
0770 or (910) 772-2200. * * *
* * * * *
Sec. 165.518 [Amended]
0
9. In Sec. 165.518(c)(7), remove the text ``Wilmington: (910) 772-2200
or (910) 254-1500'' and add, in its place, the text ``North Carolina:
(877) 229-0770 or (910) 772-2200''.
0
10. Amend Sec. 165.530 as follows:
0
a. In paragraph (a), remove the word ``Wilmington'';
0
b. Revise the first sentence of paragraph (b)(1) to read as follows;
and
0
c. Revise paragraph (b)(3) to read as follows:
Sec. 165.530 Safety Zone: Cape Fear and Northeast Cape Fear Rivers,
NC.
* * * * *
(b) * * *
(1) The Captain of the Port and the Command Duty Officer at Sector
North Carolina can be contacted at telephone number (877) 229-0770 or
(910) 772-2200. * * *
* * * * *
(3) Sector North Carolina will notify the maritime community of
periods during which this safety zone will be in effect by providing
advance notice of scheduled arrivals and departures of loaded hazardous
materials vessels via a marine Broadcast Notice to Mariners.
* * * * *
Sec. 165.540 [Amended]
0
11. In Sec. 165.540(f)(10), remove the word ``Wilmington'' and add, in
its place, the words ``North Carolina''.
Dated: May 4, 2011.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2011-11261 Filed 5-6-11; 8:45 am]
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