69034 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 

24See 13 CFR 121.101–121.201. 

25Source: CBP Report: Importer SBA Analysis 

2022, dated May 11, 2022. 

release of cargo. Because the Centers 

introduce a new post-release processing 

method for all U.S. imports, this rule’s 

regulatory changes affect all importers 

and brokers who enter goods into the 

United States, including those 

considered ‘‘small’’ under the Small 

Business Administration’s (SBA) size 

standards.24 Since the vast majority of 

importers are small businesses, this rule 

impacts a substantial number of small 

entities.25

This rule generates costs and benefits 

to importers and related members of the 

trade. As outlined throughout this rule, 

the responsibilities of the trade 

community remain largely unchanged 

due to the Centers rule. However, trade 

members experience costs when filing a 

Center assignment appeal and when 

notifying a Center under the 

requirements of amended 19 CFR 

151.12(c)(5) and (6), and 19 CFR 

151.13(b)(5) and (6). 

As previously mentioned in the 

‘‘Executive Orders 13563 and 12866’’ 

section, importers incur an opportunity 

cost of $26.11 per Center assignment 

appeal. With two appeals expected each 

year, the annual cost of Center 

assignment appeals to the entire trade 

community equals $52.22. It is likely 

that some small entities file Center 

assignment appeals, though the exact 

number is unknown. Regardless of the 

number of small entities impacted by 

this requirement, CBP does not believe 

that a cost of $26.11 to file a Center 

assignment appeal amounts to a 

‘‘significant’’ level to these entities. 

Under previous, pre-Centers 

regulations, CBP mandated CBPaccredited laboratories and CBPapproved gaugers to contact the port 

director and Executive Director of 

Laboratories and Scientific Services on 

the matters previously described in 19 

CFR 151.12(c)(5) and (6), and 19 CFR 

151.13(b)(5) and (6). Given that CBP did 

not receive any such notifications in the 

past 20 years, CBP assumes that this 

rule’s added requirement to contact a 

Center director per amended 19 CFR 

151.12(c)(5) and (6), and 19 CFR 

151.13(b)(5) and (6), will continue to not 

impact a substantial number of small 

entities. In the event that a CBPaccredited laboratory or CBP-approved 

gauger considered ‘‘small’’ has to notify 

an additional CBP representative 

according to these regulatory changes, 

CBP does not believe that requiring one 

more telephone call, letter, or email will 

have a significant economic impact on 

the entity. 

Besides costs, importers and brokers 

experience benefits from this rule, 

though the value of these benefits is 

unknown due to data limitations. The 

trade community likely benefits from 

the Centers rule’s uniform post-release 

processing and decision-making, 

increased agency knowledge of industry 

practices and products, and improved 

communication with CBP, based on 

observations from the Centers test and 

Centers IFR. CBP expects the Centers’ 

uniform post-release processing and 

trade-related determinations to decrease 

administrative burdens on the trade, 

resulting in time and cost savings. This 

uniformity may also enhance the trade 

community’s awareness of CBP’s 

position on trade compliance issues, 

which may improve compliance and 

generate an unknown amount of 

subsequent savings to trade members in 

the future. The Centers’ strengthened 

industry focus likely enhances CBP 

relations with the trade community, 

facilitates trade, and results in an 

improved ability to identify high-risk 

commercial importations that could 

increase import safety, increase revenue 

protection, and reduce economic loss 

associated with trade violations. By 

replacing port-by-port communication 

with communication with one Center, 

the Centers serve as a single source of 

information for trade members regarding 

such subjects as importing 

requirements, IPR or other trade 

violation reports, merchandise holds, 

and PGA issues. This sole 

communication source eliminates the 

need for members of the trade 

community to contact multiple CBP 

resources, potentially producing 

additional time and cost savings. The 

Centers also allow for enhanced 

communication between CBP and the 

trade community by offering extended 

hours of service compared to port of 

entry service hours, which may expedite 

trade. Despite their unknown value, 

CBP notes that the economic impact of 

these changes on small entities, if any, 

is entirely beneficial. Although this rule 

affects a substantial number of small 

entities, CBP does not believe that the 

economic impact of this rule on small 

entities is significant. Accordingly, CBP 

certifies that this regulation does not 

have a significant economic impact on 

a substantial number of small entities. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that CBP 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. As this 

document does not involve any 

collections of information under the 

Act, the provisions of the Act are 

inapplicable. 

Signing Authority 

This document is being issued in 

accordance with 19 CFR 0.2(a), which 

provides that the authority of the 

Secretary of the Treasury with respect to 

CBP regulations that are not related to 

customs revenue functions was 

transferred to the Secretary of DHS 

pursuant to section 403(1) of the 

Homeland Security Act of 2002 (Pub. L. 

107–296, 116 Stat. 2178, 6 U.S.C. 

203(1)). Accordingly, this final rule 

adopting the interim amendments to 

such regulations as final may be signed 

by the Secretary of DHS (or his 

delegate). 

Amendments to the CBP Regulations 

For the reasons given above, the 

Centers IFR amending parts 4, 7, 10, 11, 

12, 24, 54, 101, 102, 103, 113, 132, 133, 

134, 141, 142, 143, 144, 145, 146, 147, 

151, 152, 158, 159, 161, 162, 163, 173, 

174, 176, and 181 of title 19 of the Code 

of Federal Regulations (19 CFR parts 4, 

7, 10–12, 24, 54, 101–103, 113, 132–134, 

141–147, 151, 152, 158, 159, 161–163, 

173, 174, 176, and 181), which was 

published in the Federal Register at 81 

FR 92978 on December 20, 2016 (CBP 

Dec. 16–26), as amended by the 

technical correction published in the 

Federal Register at 84 FR 46676 on 

September 5, 2019 (CBP Dec. 19–11), is 

adopted as a final rule, without change. 

Alejandro N. Mayorkas, 

Secretary, Department of Homeland Security. 

[FR Doc. 2023–22170 Filed 10–4–23; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 3, 162 and 165 

[Docket Number USCG–2023–0811] 

Coast Guard Sector Juneau; Sector 

Name Conforming Amendment 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive 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 that U.S. Coast Guard Sector 

Juneau has been renamed U.S. Coast 

Guard Sector Southeast Alaska. This 

rule will have no substantive effect on 

the regulated public. 


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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 69035 

DATES: This rule is effective October 5, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0811 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 Stephen Speer, District 

17 Legal Office, U.S. Coast Guard; 

telephone 907–463–2053, email 

stephen.m.speer@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

For the last several years, the Coast 

Guard has sought to better align the 

names of its assets to correspond to the 

area of responsibility which they serve. 

Review of the missions and 

engagements within the southeastern 

Alaska region highlighted that ‘‘Sector 

Juneau’’ alone did not adequately 

capture the breadth and range of Coast 

Guard operations and relationships 

throughout southeast Alaska. The Coast 

Guard has approved the name change to 

U.S. Coast Guard Sector Southeast 

Alaska to acknowledge the longstanding commitment to all 

communities of southeast Alaska and to 

reaffirm the multi-mission support that 

the Coast Guard provides to ensure 

safety at sea and enhanced maritime 

governance. The geographic boundaries 

of Sector Southeast Alaska are not 

changing, and its office is not moving 

from Juneau, AK. 

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 exists 

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 July 17, 2023, the Coast Guard 

issued Operating Facility Change Order 

(OFCO) No. 020–23 which changed the 

official unit name of U.S. Coast Guard 

Sector Juneau to U.S. Coast Guard 

Sector Southeast Alaska. The previous 

name of Sector Juneau is described and 

reflected in regulations, which also 

contain contact details and other 

references to Sector Juneau. 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 the 

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. 020–23, issued July 17, 

2023, changed the official unit name of 

U.S. Coast Guard Sector Juneau to U.S. 

Coast Guard Sector Southeast Alaska. 

The July 2023 OFCO did not change the 

area of responsibility (AOR). The AOR 

of U.S. Coast Guard Sector Southeast 

Alaska is identical to that of what was 

U.S. Coast Guard Sector Juneau. All 

authorities and responsibilities 

previously assigned to Commander, U.S. 

Coast Guard Sector Juneau have been 

assigned to Commander, U.S. Coast 

Guard Sector Southeast Alaska. 

Additionally, all authorities that were 

vested in the Commander, U.S. Coast 

Guard Sector Juneau 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 Sector Southeast Alaska. 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, as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, this 

rule has not been reviewed by the Office 

of Management and Budget. 

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.’’ 

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. 


ddrumheller on DSK120RN23PROD with RULES1
69036 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 

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 

33 CFR Part 3 

Organizations and functions 

(Government agencies). 

33 CFR Part 162 

Navigation (water), 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, 162 and 165 as follows: 

PART 3—COAST GUARD AREAS, 

DISTRICTS, SECTORS, MARINE 

INSPECTION ZONES, AND CAPTAIN 

OF THE PORT ZONES 

■ 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. 01.3. 

§ 3.85–10 [Amended] 

■ 2. In § 3.85–10— 

■ a. In the section heading, remove the 

text ‘‘Juneau:’’, 

■ b. In the first sentence, remove the 

word ‘‘Juneau’s’’ and add, in its place, 

the words ‘‘Southeast Alaska’s’’, and 

■ c. In the second sentence, remove the 

word ‘‘Juneau’s’’. 

PART 162—INLAND WATERWAYS 

NAVIGATION REGULATIONS 

■ 3. The authority citation for part 162 

continues to read as follows: 

Authority: 46 U.S.C. 70034; DHS 

Delegation No. 00170.1, Revision No. 01.3. 

§ 162.240 [Amended] 

■ 4. In § 162.240 amend paragraph (d) 

by removing the word ‘‘Juneau’’ and 

adding, in its place, the words 

‘‘Southeast Alaska’’. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 5. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

§ 165.1712 [Amended] 

■ 6. In § 165.1712(d)(3), remove the 

word ‘‘Juneau’’ and add, in its place, the 

words ‘‘Southeast Alaska’’. 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–21877 Filed 10–4–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0685] 

RIN 1625–AA00 

Safety Zone; Potomac River, 

Washington, DC 

AGENCY: Coast Guard, Department of 

Homeland Security. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

near Washington, DC from potential 

hazards posed by a fireworks display 

which will take place on October 5, 

2023. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Maryland-National Capital 

Region, or a designated representative. 

DATES: This rule is effective from 7:30 

p.m. until 9:30 p.m. on October 5, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0685 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 about this rule, call 

or email MST2 Hollie Givens, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–576–2596, email 

MDNCRMarineevents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 


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