Rules and Regulations. Final rule

3,045 words·~14 min read·/register/2004/06/23/04-14199

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BILLING CODE 4510-29-C DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 4, 19, 84, 101, 104, 118, 127, 140, 154, 161, 164, 169, 174, 181, and 183 [USCG-2004-18057] RIN 1625-ZA02 Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments AGENCY: Coast Guard, DHS. ACTION: Final rule. SUMMARY: This rule makes non-substantive changes throughout the Code of Federal Regulations. The purpose of this rule is to update organization names and addresses and make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations.

This rule will have no substantive effect on the regulated public. DATES: This rule is effective June 30, 2004. ADDRESSES: Any comments and material received from the public will be made part of docket, USCG-2004-18057, and will be available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at *http://dms.dot.gov* .

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Robert S. Spears, Coast Guard, telephone 202-267-1099. If you have questions on viewing the docket, call Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-366-0271. SUPPLEMENTARY INFORMATION: Regulatory History We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements because some of these changes involve agency organization and practices, and good cause exists for not publishing an NPRM for all revisions in the rule because they are all non-substantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Discussion of the Rule Each year title 33 of the Code of Federal Regulations is updated on July 1. This rule, which becomes effective June 30, 2004, corrects organization names and addresses, and makes other technical and editorial corrections throughout title 33. This rule does not create any substantive requirements. Some of the revisions in this rule are not necessarily self-explanatory changes. For example, in § 4.02 we updated the listing of approved collections of information based on information requirements in Title 33. In parts 101 and 104, we replaced SOLAS “Chapter XI” references with “Chapter XI-1 or Chapter XI-2” to conform these chapter references to the **Federal Register** approved reference, used in the relevant incorporation by reference section, § 101.115(b). In §§ 118.3, 127.003, 140.7, 154.106, 164.03, 181.4, and 183.5, we changed references to material incorporated by reference as being “available for inspection” rather than merely “on file” to align these sections with other incorporation by reference sections. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, 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. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. As this rule involves internal agency practices and procedures and non-substantive changes, it will not impose any costs on the public. 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 reviewed it for potential economic impact on small entities. This rule will have no substantive effect on the regulated public. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. 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). We note, however, that in 33 CFR 4.02, this rule updates the listing of approved collections of information based on information requirements contained in title 33. 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. 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 or more in any one year. Though this rule will not result in an expenditure of this magnitude, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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. 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. 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. 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. 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. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraphs (34)(a) and (b), of the Instruction from further environmental documentation because this rule involves editorial, procedural, and internal agency functions. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . List of Subjects 33 CFR Part 4 Reporting and recordkeeping requirements. 33 CFR Part 19 Navigation (water), Vessels. 33 CFR Part 84 Navigation (water), Waterways. 33 CFR Part 101 Harbors, Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels, Waterways. 33 CFR Part 104 Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels. 33 CFR Part 118 Bridges. 33 CFR Part 127 Fire prevention, Harbors, Hazardous substances, Natural gas, Reporting and recordkeeping requirements, Security measures. 33 CFR Part 140 Continental shelf, Investigations, Marine safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements. 33 CFR Part 154 Alaska, Fire prevention, Hazardous substances, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 161 Harbors, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 164 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 169 Endangered and threatened species, Marine mammals, Navigation (water), Radio, Reporting and recordkeeping requirements, Vessels, Water pollution control. 33 CFR Part 174 Intergovernmental relations, Marine safety, Reporting and recordkeeping requirements. 33 CFR Part 181 Labeling, Marine safety, Reporting and recordkeeping requirements. 33 CFR Part 183 Marine safety. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 4, 19, 84, 101, 104, 118, 127, 140, 154, 161, 164, 169, 174, 181, and 183. PART 4—OMB CONTROL NUMBERS ASSIGNED PURSUANT TO THE PAPERWORK REDUCTION ACT 1. The authority citation for part 4 is revised to read as follows: Authority: 44 U.S.C. 3507; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 4.02 to read as follows: § 4.02 Display. 33 CFR part or section where identified and described Current OMB control No. Part 6 1625-0020 Part 67 1625-0011 Part 96 1625-0084 Part 100 1625-0008 Part 101 1625-0077 Section 101.115 1625-0017 Part 103 1625-0077 Part 104 1625-0077 Section 104.297 1625-0017 Part 105 1625-0077 Part 106 1625-0077 Part 115 1625-0015 Part 116 1625-0073 Part 120 1625-0077 Section 126.15(c) 1625-0016 Section 126.17 1625-0005 Part 127 1625-0049 Section 127.617 1625-0016 Section 127.1603 1625-0016 Part 128 1625-0077 Part 130 1625-0046 Part 138 1625-0046 Section 140.15 1625-0050 Section 140.103 1625-0054 Section 141.35 1625-0098 Part 143 1625-0059 Part 144 1625-0059 Part 145 1625-0059 Part 146 1625-0001 and 1625-0059 Section 146.130 1625-0044 Section 146.140 1625-0059 Section 146.210 1625-0059 Part 151 1625-0009 Section 151.19 1625-0041 Section 151.21 1625-0041 Section 151.43 1625-0045 Section 151.55 1625-0072 Section 151.57 1625-0072 Section 151.2040 1625-0069 Section 153.203 1625-0096 Section 154.107 1625-0095 Section 154.108 1625-0095 Section 154.110 1625-0093 Section 154.300 through 154.325 1625-0021 Section 154.710 1625-0039 Section 154.740 1625-0039 Section 154.804 1625-0060 Section 154.806 1625-0060 Section 154.1220 1625-0066 Section 154.1225 1625-0066 Section 155.120 1625-0051 and 1625-0095 Section 155.130 1625-0051 and 1625-0095 Section 155.710 1625-0072 Section 155.715 1625-0072 Section 155.720 1625-0030 Section 155.740 1625-0030 Section 155.750 1625-0030 Section 155.820 1625-0030 Section 155.820(d) 1625-0039 Section 156.107 1625-0095 Section 156.110 1625-0095 Section 156.120 1625-0039 Section 156.150 1625-0039 Part 156, Subpart B 1625-0042 Section 156.200 1625-0042 Part 157 1625-0036 and 1625-0041 Section 157.37 1625-0041 Section 157.415 1625-0083 Section 157.420 1625-0083 Section 157.430 1625-0083 Section 157.435 1625-0083 Section 157.450 1625-0083 Section 157.455 1625-0083 Part 158 1625-0045 Section 158.140 1625-0045 Section 158.150 1625-0045 Section 158.165 1625-0045 Section 158.190 1625-0045 Part 159 1625-0041 and 1625-0092 Part 160 1625-0043 and 1625-0100 Part 161 1625-0043 Part 164 1625-0043 and 1625-0082 Part 165 1625-0020 and 1625-0043 Section 165.100 1625-0088 Section 165.803(i) 1625-0023 Section 165.1709 1625-0043 Section 169.140 1625-0103 Section 173.55 1625-0003 Section 179.13 1625-0010 Section 179.15 1625-0010 Section 181.21 through 181.31 1625-0056 Part 183 1625-0056 Part 187 1625-0070 PART 19—WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS 3. The authority citation for part 19 is revised to read as follows: Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46 U.S.C. note prec. 1, 49 U.S.C. 108; Department of Homeland Security Delegation No. 0170.1 § 19.06 [Amended] 4. In § 19.06, in paragraphs (a), (b), (b)(2), and (d), remove the words “Military Sea Transportation Service” wherever they appear, and add, in their place, the words “Military Sealift Command”. PART 84—ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES 5. The authority citation for part 84 is revised to read as follows: Authority: 33 U.S.C. 2071; Department of Homeland Security Delegation No. 0170.1. § 84.13 [Amended] 6. In § 84.13(a), insert the words “and is available for inspection at the Coast Guard, Ocean Engineering Division (G-SEC-2), 2100 Second Street SW, Washington, DC 20593-0001” immediately after the zip code “10017”. PART 101—GENERAL PROVISIONS 7. The authority citation for part 101 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. § 101.105 [Amended] 8. In § 101.105, in the definition for “Public access facility”, remove the words “SOLAS Chapter XI” and replace them with the words, “SOLAS Chapter XI-1 or SOLAS Chapter XI-2”. § 101.305 [Amended] 9. In § 101.305(a), remove the words “Email: *lst-nrcinfo@comdt.uscg.mil* ”, and add, in their place, the words “use the NRC Web Reporting function located on the NRC Web Site: *http://www.nrc.uscg.mil/* ”. PART 104—MARITIME SECURITY: VESSELS 10. The authority citation for part 104 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland Security Delegation No. 0170.1. § 104.105 [Amended] 11. In § 104.105, in paragraph (a)(1) remove the words “Chapter XI” and add, in their place, the words, “Chapter XI-1 or Chapter XI-2”. § 104.115 [Amended] 12. In § 104.115 (c)(1) and (c)(2), remove the words “Chapter XI”, and add, in their place, the words “Chapter XI-1 or Chapter XI-2”. § 104.120 [Amended] 13. In § 104.120(a)(4), remove the words “Chapter XI”, and add, in their place, the words “Chapter XI-1 or Chapter XI-2”. § 104.400 [Amended] 14. In § 104.400(b), remove the words “Chapter XI”, and add, in their place, the words “Chapter XI-1 or Chapter XI-2”. PART 118—BRIDGE LIGHTING AND OTHER SIGNALS 15. The authority for part 118 is revised to read as follows: Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of Homeland Security Delegation No. 0170.1. § 118.3 [Amended] 16. In § 118.3(b), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 127—WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS 17. The authority citation for part 127 is revised to read as follows: Authority: 33 U.S.C. 1231; Department of Homeland Security Delegation No. 0170.1. § 127.003 [Amended] 18. In § 127.003(a), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 140—GENERAL 19. The authority citation for part 140 is revised to read as follows: Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of Homeland Security Delegation No. 0170.1. § 140.7 [Amended] 20. In § 140.7(a), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 154—FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK 21. The authority citation for part 154 is revised to read as follows: Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland Security Delegation No. 0170.1. Subpart F is also issued under 33 U.S.C. 2735. § 154.106 [Amended] 22. In § 154.106(a), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 161—VESSEL TRAFFIC MANAGEMENT 23. The authority citation for part 161 continues to read as follows: Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. § 161.12 [Amended] 24. In § 161.12(c), in Table 161.12(c), in the third column of the three “New York Traffic” rows, insert the degree symbol, “°”, immediately after, “40” and “74”, wherever those numbers appear. PART 164—NAVIGATION SAFETY REGULATIONS 25. The authority citation for part 164 is revised to read as follows: Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; Department of Homeland Security Delegation No. 0170.1. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued under 46 U.S.C. 6101. § 164.03 [Amended] 26. In § 164.03(a), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 169—SHIP REPORTING SYSTEMS 27. The authority citation for part 169 is revised to read as follows: Authority: 33 U.S.C. 1230(d), Department of Homeland Security Delegation No. 0170.1. PART 169—[AMENDED] 28. In the Table of Contents for part 169, insert the words, “Subpart A—General” immediately after the title of the part and before the listing of sections. PART 174—STATE NUMBERING AND CASUALTY REPORTING SYSTEMS 29. The authority citation for part 174 is revised to read as follows: Authority: 46 U.S.C. 6101, 12302; Department of Homeland Security Delegation No. 0170.1. § 174.121 [Amended] 30. In § 174.121, remove the abbreviation “(G-OCC)”, and add, in its place, the abbreviation “(G-OPB)”. PART 181—MANUFACTURER REQUIREMENTS 31. The authority citation for part 181 is revised to read as follows: Authority: 46 U.S.C. 4302 and 4310; Pub. L. 103-206, 107 Stat. 2439; Department of Homeland Security Delegation No. 0170.1. § 181.4 [Amended] 32. In § 181.4(a), remove the words “on file”, and add, in their place, the words “available for inspection”. PART 183—BOATS AND ASSOCIATED EQUIPMENT 33. The authority citation for part 183 continues to read as follows: Authority: 46 U.S.C. 4302; Pub. L 103-206, 107 Stat. 2439; Department of Homeland Security Delegation No. 0170.1. § 183.5 [Amended] 34. In § 183.5(a), remove the words “on file”, and add, in their place, the words “available for inspection”. Dated: June 17, 2004. Howard L. Hime, Acting Director of Standards, Marine Safety, Security and Environmental Protection, U.S. Coast Guard. [FR Doc. 04-14199 Filed 6-22-04; 8:45 am]

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