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AGENCY:
Coast Guard, DOT.
ACTION:
Final rule.
SUMMARY:
This rule makes editorial and technical changes throughout title 46 of the Code of Federal Regulations (CFR) to update the title before it is recodified on October 1, 2000. It corrects addresses, updates cross-references, makes conforming amendments, and makes other technical corrections. This rule will have no substantive effect on the regulated public.
DATES:
This final rule is effective September 30, 2000.
ADDRESSES:
Documents as indicated in this preamble are available for inspection or copying at the Docket Management Facility [USCG-2000-7790], U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, 20590-0001, 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:
For questions on this rule, contact Ms. Janet Walton, Project Manager, Standards Evaluation and Development Division (G-MSR-2), Coast Guard, telephone 202-267-0257. For questions on viewing, or submitting material to, the docket, contact Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Discussion of the Rule
Each year Title 46 of the Code of Federal Regulations is recodified on October 1. This rule makes editorial changes throughout the title, corrects addresses, updates cross-references, and makes other technical and editorial corrections to be included in the recodification. Some editorial changes are discussed individually in the following paragraphs. This rule does not change any substantive requirements of existing regulations.
We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. This rule consists only of corrections and editorial and conforming amendments to title 46 of the Code of Federal Regulations. These changes will have no substantive effect on the public and publishing an NPRM and providing an opportunity for public comment is unnecessary. 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
.
Sections 25.45-2, 121.240, and 184.240
Because the posting instructions for these sections are contained in the material incorporated by reference, and not “highlighted” in the CFR, we are adding a note at the end of each section to reflect that.
On December 1, 1999, the Coast Guard published a Direct Final Rule, Update of Standards from the American Society for Testing and Materials (ASTM) [USCG-1999-5151] (64 FR 67170). On March 1, 2000, we published a confirmation of effective date for the rule (65 FR 10943). That rule did not revise the CFR sections where the standard numbers did not contain a year date. We are now adding to those sections a cross-reference back to the incorporation by reference section in each part.
Sections 118.410 and 181.410
We are revising §§ 118.410 and 181.410 by changing the first sentence in paragraph (f)(4)(v), in both instances, to conform to language that currently appears in § 95.15-5(d)(7). We are removing the words “The area of each discharge outlet” and adding, in their place, the words “The total area of all discharge outlets.” This change makes the sentence technically correct and consistent with the requirements in our other subchapters.
Sections 119.422, 128.420, 128.430, 169.608, and 182.422
The Coast Guard was petitioned to remove a word combination that forms a company trademark that currently appears in these sections. We are removing the words “grid cooler” and adding in their place the words “non-integral keel cooler” where they appear.
Section 199.610
We are revising Table 199.610(c) by changing the table entry under “Oceans” at the “199.262(a): Rescue boats” line to read “(2 and 3)”. We are making this change to clarify that the conditions in both notes 2 and 3 must be met for the exemption to apply.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. As this rule involves internal agency practices and procedures, it will not impose any costs on the public.
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).
Federalism
We have analyzed this rule under Executive Order 13132 and have determined that this rule does not have implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to
( printed page 58456)
incur direct costs without the Federal Government's having first provided the funds to pay those costs. This rule will not impose an unfunded mandate.
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 concern an environmental risk to health or risk to safety that may disproportionately affect children.
Environment
We considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph (34)(a) and (b) of Commandant Instruction M16475.lC, this rule is categorically excluded from further environmental documentation. This exclusion is in accordance with paragraphs (34)(a) and (b), concerning regulations that are editorial or procedural and concerning internal agency functions or organization. A “Categorical Exclusion Determination” is available in the docket where indicated under
ADDRESSES.
(D) The Commanding Officer, Coast Guard National Maritime Center (NMC) under technical control of the Assistant Commandant for Marine Safety and Environmental Protection, administers operational and administrative control of the Marine Safety Center which conducts reviews and approvals of plans, calculations, and other materials concerning the design, construction, alterations, and repair of commercial vessels to determine conformance with the marine inspection laws, regulations, and implementing directions, and administers the U.S. Tonnage Measurement program; administers operational and administrational control over the National Vessel Documentation Center which administers U.S. vessel identification and documentation; administers merchant mariner licensing and seaman's documentation; and oversees the national pilotage program.
(3) Commanding Officer, National Maritime Center, for appeals involving vessel documentation issues, marine personnel issues, including medical waivers, and suspension or withdrawal of course approvals; or
* * * * *
PART 2—VESSEL INSPECTIONS
4. Revise the authority citation for part 2 to read as follows:
7. In § 4.01-3, in paragraph (b) remove the words “§ 4.05-1(d) or § 4.05-1(e)” and add, in their place, the words “§ 4.05-1(a)(5) or § 4.05-1(a)(6)”; and in paragraph (c), remove the words “§ 4.05.1(d) and (e)” and add, in their place, the words “§ 4.05-1(a)(5) and (a)(6)”.
PART 8—VESSEL INSPECTION ALTERNATIVES
8. The authority citation for part 8 continues to read as follows:
9. In § 8.110(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
14. In addition to the amendments set forth above, in 46 CFR part 10, remove the number “10.201(h)” and add, in its place, the number “10.205(h)” in the following sections:
(a) Section 10.429(b);
(b) Section 10.456(d); and
(c) Section 10.467(g)(4).
PART 12—CERTIFICATION OF SEAMEN
15. The authority citation for part 12 continues to read as follows:
25. In § 30.10-22, in footnote number “1”, remove the words “D-323 (most recent revision)” and add, in their place, the words “D 323 (incorporated by reference, see § 30.01-3)”.
26. In § 30.10-59, remove the words “D-323 (most recent revision)” and add, in their place, the words “D 323 (incorporated by reference, see § 30.01-3)”; and remove the words “1916 Race Street, Philadelphia, PA 19103” and add, in their place, the words “100 Barr Harbor Drive, West Conshohocken, PA 19428-2959”.
PART 31—INSPECTION AND CERTIFICATION
27. The authority citation for part 31 continues to read as follows:
28. In § 31.10-1(b), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
29. In § 31.10-5(a) introductory text, in the first sentence, remove the word “Headquarters” and add, in its place, the words “the Marine Safety Center, 400 7th Street, SW., Washington, DC 20590-0001”; and at the end of the second sentence and in the third sentence, remove the word “Headquarters” and add, in its place, in each case, the words “the Marine Safety Center”.
30. In § 31.40-45(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 32—SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS
31. The authority citation for part 32 continues to read as follows:
32. In § 32.01-1(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
38. In § 35.25-10, in paragraph (a), add the words “(incorporated by reference, see § 35-01-3)” at the end of the sentence; and in paragraph (b), add the words “(incorporated by reference, see § 35-01-3)” immediately preceding the words “for which it is certified by the producer”.
PART 39—VAPOR CONTROL SYSTEMS
39. The authority citation for part 39 continues to read as follows:
42. In § 42.07-35(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
43. In § 42.11-5(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 44—SPECIAL SERVICE LIMITED DOMESTIC VOYAGES
44. The authority citation for part 44 continues to read as follows:
45. In § 44.320(b), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 50—GENERAL PROVISIONS
46. The authority citation for part 50 continues to read as follows:
50. In § 54.01-5(d)(2), remove the number “§ 54.01.01-35” and add, in its place, the number “§ 54.01-35”; and, in Table 54.01-5(B), remove footnote number 8 from the heading.
51. In § 54.05-5, in paragraph (a), remove the number “E-23” and add, in its place, the words “E 23 (incorporated by reference, see § 54.01-1)”; and in paragraphs (b) and (c)(2), remove the number “E-208” and add in its place, the words “E 208 (incorporated by reference, see § 54.01-1)”.
62. In § 56.50-105(a)(1)(ii), remove the words “ASTM E-23” and add, in their place, the words “ASTM E 23 (incorporated by reference, see § 56.01-2)”; and in Table 56.60-105, in footnote 3, remove the word “(G-MTH)” and add, in its place, the word “(G-MSE)”.
66. In § 58.03-1(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
67. In § 58.16-5(a), remove the words ASTM D323.” and add, in their place, the words “ASTM D 323 (incorporated by reference, see § 58.03-1)”; and remove paragraph designator (a).
71. In § 62.05-1(b)(1), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza,
( printed page 58461)
16855 Northchase Drive, Houston, TX 77060”; and remove the paragraph designator (1).
72. In § 62.35-50(a), in Table 65.35-50, in note 9, remove the word “(G-MTH)” and add, in its place, the word “(G-MSE)”; and remove the paragraph designator (a).
PART 70—GENERAL PROVISIONS
73. The authority citation for part 70 continues to read as follows:
74. In § 70.35-5(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 76—FIRE PROTECTION EQUIPMENT
75. The authority citation for part 76 continues to read as follows:
81. In § 90.35-5(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 91—INSPECTION AND CERTIFICATION
82. The authority citation for part 91 continues to read as follows:
83. In § 91.60-45(a), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 95—FIRE PROTECTION EQUIPMENT
84. The authority citation for part 95 continues to read as follows:
92. In § 107.115(b)(1), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
93. In § 107.258, in paragraph (a)(1), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”; and in paragraph (a)(2), remove the words “17 Battery Place, New York, N.Y. 10004” and add, in their place, the words “90 West Street, Suite 1612, New York, NY 10006”.
94. In § 107.317, in paragraph (c), remove the words “Two World Trade Center, 106th Floor, New York, NY 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”; and in paragraph (d), remove the words “17 Battery Place, New York, NY 10004” and add, in their place, the words “90 West Street, Suite 1612, New York, NY 10006”.
PART 108—DESIGN AND EQUIPMENT
95. The authority citation for part 108 continues to read as follows:
100. In § 110.10-1(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)”, and under the heading “National Fire Protection Association (NFPA), National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269:”, in the entry for “NFPA 70, National Electrical Code (NEC), 1996”, remove the section numbers “§ 111.60-11(f);” and “§ 111.83-3(a);” to read as follows:
101. In § 110.15-1(b), in the definition of Corrosion resistant material or finish, remove the words “ASTM B-117” and add, in their place, the words “ASTM B 117 (incorporated by reference, see § 110.10-1)”.
PART 111—ELECTRICAL SYSTEMS—GENERAL ENGINEERING
102. The authority citation for part 111 continues to read as follows:
(a) In the definition of
Corrosion-resistant material or corrosion-resistant, in paragraph (b)(10), remove the words “ASTM B-117” and add, in their place, the words “ASTM B 117 (incorporated by reference, see § 114.600)”;
(b) In the definition of
Flame spread
and in the definition of
Smoke developed rating, remove the words “ASTM E-84” and add, in their place, the words “ASTM E 84 (incorporated by reference, see § 114.600)”;
(c) In the definition of
Flash point, remove the words “ASTM D-93” and add, in their place, the words “ASTM D 93 (incorporated by reference, see § 114.600)”; and
(d) In the definition for
Specific optical density, remove the words “ASTM E-662” and add, in their place, the words “ASTM E 662 (incorporated by reference, see § 114.600)”.
107. In § 114.600(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
114. In § 118.410(f)(4)(v), remove the words “The area of each discharge outlet” and add, in their place, the words “The total area of all discharge outlets”.
PART 119—ADDITIONAL EQUIPMENT
115. The authority citation for part 119 continues to read as follows:
Integral and non-integral keel cooler installations.
(a) A keel cooler installation used for engine cooling must be designed to prevent flooding.
* * * * *
(e) Shutoff valves are not required for integral keel coolers. A keel cooler is
( printed page 58463)
considered integral to the hull if the following conditions are satisfied:
* * * * *
PART 121—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
117. The authority citation for part 121 continues to read as follows:
120. In § 125.180(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
122. In § 128.310(a), remove the words “ASTM D93” and add, in their place, the words “ASTM D 93 (incorporated by reference, see § 125.180)”.
123. In § 128.420, revise the section heading and, in paragraph (a), remove the word “keel-cooler” and add, in its place, the word “keel cooler” to read as follows:
124. In § 128.430, revise the section heading and, in paragraphs (a) and (b), remove the word “grid” and add, in its place, the words “non-integral keel” to read as follows:
(a) In paragraph (c)(2), remove the word “A.S.T.M.” and add, in its place, the word “ASTM” and remove the word “A27” and add, in its place, the words “A 27 (incorporated by reference, see § 160.032-1)”; and
(b) In paragraph (c)(3), remove the word “A.S.T.M.” and add, in its place, the word “ASTM” and remove the word “A216” and add, in its place, the words “A 216 (incorporated by reference, see § 160.032-1)”.
137. In § 160.076-25, in paragraphs (d)(2)(i), (d)(2)(ii), and (d)(2)(iv), add the words “(incorporated by reference, see § 160.076-11)” immediately following the words “ASTM D 751”; and in paragraph (d)(2)(iii), add the words “(incorporated by reference, see § 160.076-11)” immediately following the words “ASTM D 1434”.
139. In § 160.077-19, in paragraphs (d)(2), (d)(3), and (d)(5), add the words “(incorporated by reference, see
( printed page 58464)
§ 160.077-5)” immediately following the words “ASTM D 751”; and in paragraph (d)(4), add the words “(incorporated by reference, see § 160.077-5)” immediately following the words “ASTM D 1434”.
(a) In paragraph (f), add the words “(incorporated by reference, see § 160.174-3)” at the end of the first sentence in the paragraph;
(b) In paragraph (g), remove the words “ASTM D-975” and add, in their place, the words “ASTM D 975 (incorporated by reference, see § 160.174-3)” and add the words “(incorporated by reference, see § 160.174-3)” at the end of the second sentence in the paragraph; and
(c) In paragraph (i), add the words “(incorporated by reference, see § 160.174-3)” at the end of the first sentence in the paragraph.
(a) In paragraph(m), add the words “(incorporated by reference, see § 160.176-4)” at the end of the first sentence;
(b) In paragraph (r), add the words “(incorporated by reference, see § 160.176-4)” immediately following the words “ASTM D 975”;
(c) In paragraph (y)(1), (y)(2), and (y)(4), add the words “(incorporated by reference, see § 160.176-4)” immediately following the words “ASTM D 751”; and (d) In paragraph (y)(3), add the words “(incorporated by reference, see § 160.176-4)” immediately following the words “ASTM D 1434”.
PART 161—ELECTRICAL EQUIPMENT
145. The authority citation for part 161 continues to read as follows:
146. In § 161.002-1(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
151. In § 167.15-25(a), remove the words “Two World Trade Center-106th Floor, New York, NY, 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 169—SAILING SCHOOL VESSELS
152. The authority citation for part 169 continues to read as follows:
153. In § 169.608, revise the section heading, and in paragraphs (a), (b), and (c), remove the word “grid” and add, in its place, the words “non-integral keel” to read as follows:
155. In § 170.270, in paragraphs (c)(1) and (c)(3), remove the words “ASTM F-1196” and add, in their place, the words “ASTM F 1196 (incorporated by reference, see § 170.015)”; and in paragraphs (c)(2) and (c)(3), remove the words “ASTM F-1197” and add, in their place, the words “ASTM F 1197 (incorporated by reference, see § 170.015)”.
PART 174—SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES
156. The authority citation for part 174 continues to read as follows:
157. In § 174.100, in paragraphs (e)(1) and (e)(3), remove the words “ASTM F-1196” and add, in their place, the words “ASTM F 1196 (incorporated by reference, see § 174.007)”; and in paragraphs (e)(2) and (e)(3), remove the words “ASTM F-1197” and add, in their place, the words “ASTM F 1197 (incorporated by reference, see § 174.007)”.
PART 175—GENERAL PROVISIONS
158. The authority citation for part 175 continues to read as follows:
159. In § 175.400, in the introductory text in the definition of Coastwise, remove the word “mote” and add, in its place, the word “more”; and in paragraph (10) in the definition of
( printed page 58465)
Corrosion-resistant material
or
corrosion-resistant, remove the words “ASTM B-117” and add, in their place, the words “ASTM B 117 (incorporated by reference, see § 175.600)”.
160. In § 175.600(b), in the entry for American Bureau of Shipping, revise the heading and address for “American Bureau of Shipping (ABS)” to read as follows:
162. In § 181.410(f)(4)(v), remove the words “The area of each discharge outlet” and add, in their place, the words “The total area of all discharge outlets”.
PART 182—MACHINERY INSTALLATION
163. The authority citation for part 182 continues to read as follows:
Integral and non-integral keel cooler installations.
(a) A keel cooler installation used for engine cooling must be designed to prevent flooding.
* * * * *
(e) Shutoff valves are not required for integral keel coolers. A keel cooler is considered integral to the hull if the following conditions are satisfied:
* * * * *
PART 184—VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT
165. The authority citation for part 184 continues to read as follows:
168. In § 188.35-5(a), remove the words “Two World Trade Center, 106th Floor, New York, NY, 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 189—INSPECTION AND CERTIFICATION
169. The authority citation for part 189 continues to read as follows:
170. In § 189.60-45(a), remove the words “Two World Trade Center, 106th Floor, New York, NY, 10048” and add, in their place, the words “ABS Plaza, 16855 Northchase Drive, Houston, TX 77060”.
PART 193—FIRE PROTECTION EQUIPMENT
171. The authority citation for part 193 continues to read as follows:
174. In § 199.175, in paragraph (b)(12), remove the word “F1014” and add, in its place, the words “F 1014 (incorporated by reference, see § 199.05)”; and in paragraph (b)(28), remove the word “F1003” and add, in its place, the words “F 1003 (incorporated by reference, see § 199.05)”.