[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88249-88251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28103]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3, 100, 165

[Docket Number USCG-2023-0970]
RIN 1625-AA00


Coast Guard Sector Sault Sainte Marie; Sector Name Conforming 
Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The 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 that U.S. Coast 
Guard Sector Sault Sainte Marie has been renamed U.S. Coast Guard 
Sector Northern Great Lakes. This rule will have no substantive effect 
on the regulated public.

DATES: This rule is effective without actual notice December 21, 2023. 
For the purposes of enforcement, actual notice will be used from 
December 1, 2023, until December 21, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0970 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 Chief Warrant Officer Charles Palmer, U.S. Coast Guard; 
telephone 906-253-2462, email <a href="/cdn-cgi/l/email-protection#37745f56455b524419551947565b5a52457742445450195a5e5b"><span class="__cf_email__" data-cfemail="4b08232a39272e386529653b2a27262e390b3e38282c65262227">[email protected]</span></a>.

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

    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 northern Great Lakes region highlighted that ``Sector Sault 
Sainte Marie'' alone did not adequately capture the breadth and range 
of Coast Guard operations and relationships throughout the region. The 
Coast Guard has approved the name change to U.S. Coast Guard Sector 
Northern Great Lakes to acknowledge the long-standing commitment to all 
communities of the region 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 Northern Great 
Lakes are not changing, and its office is not moving from Sault Sainte 
Marie, MI.
    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 November 06, 2023, the Coast Guard issued Operating Facility 
Change Order (OFCO) No. 037-23 which changed the official unit name of 
U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast Guard Sector 
Northern Great Lakes. The previous name of Sector Sault Sainte Marie is 
described and reflected in regulations, which also contain contact 
details and other references to Sector Sault Sainte Marie. 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. 037-23, issued November 06, 2023, changed the official 
unit name of U.S. Coast Guard Sector Sault Sainte Marie to U.S. Coast 
Guard Sector Northern Great Lakes. The November 2023 OFCO did not 
change the area of responsibility (AOR). The AOR of U.S. Coast Guard 
Sector Northern Great Lakes is identical to that of what was U.S. Coast 
Guard Sector Sault Sainte Marie. All authorities and responsibilities 
previously assigned to Commander, U.S. Coast Guard Sector Sault Sainte 
Marie have been assigned to Commander, U.S. Coast Guard Sector Northern 
Great Lakes. Additionally, all authorities that were vested in the 
Commander, U.S. Coast Guard Sector Sault Sainte Marie 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 Northern Great 
Lakes. This rule does not change any sector, OCMI, or COTP zone 
boundary lines, nor does

[[Page 88250]]

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 section 3(f) of 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 (OMB).
    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.

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

    Organization and functions (Government agencies).

33 CFR Part 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, 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--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. 
01.3.


Sec.  3.45-45  [Amended]

0
2. Amend Sec.  3.45-45 by removing the words ``Sector Sault Ste. 
Marie'' and adding in their place the words ``Sector Northern Great 
Lakes'' in the section heading and removing the words ``Sector Sault 
Ste. Marie's'' and adding in their place the words ``Sector Northern 
Great Lakes' '' in the introductory text and paragraph (a).

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

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


Sec.  100.901   [Amended]

0
4. Amend Sec.  100.901 in table 1 by removing the words ``Sector Sault 
Ste. Marie'' and adding in their place the words ``Sector Northern 
Great Lakes'' in the center heading above the entry ``(1) Bridgefest 
Regatta Sponsor: Bridgefest Committee''.

[[Page 88251]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
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.


Sec.  165.918  [Amended]

0
6. Amend Sec.  165.918 by removing the words ``Port Sault Sainte 
Marie'' and adding in their place the words ``Port Northern Great 
Lakes'' in the section heading and wherever they appear in paragraphs 
(a)(1) through (3), (b), (d), and (e).


Sec.  165.928  [Amended]

0
7. Amend Sec.  165.928 in paragraph (g) by removing the words ``Sault 
Ste. Marie'' and adding in their place the words ``Northern Great 
Lakes''.


Sec.  165.944  [Amended]

0
8. Amend Sec.  165.944 in paragraphs (d)(1) and (e) by removing the 
words ``Sault Sainte Marie'' and adding in their place the words 
``Northern Great Lakes''.

    Dated: December 18, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-28103 Filed 12-20-23; 8:45 am]
BILLING CODE 9110-04-P


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