SUPPLEMENTARY INFORMATION:

Discussion of the Rule

Each year, title 46 of the Code of Federal Regulations (CFR) 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. 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, editorial changes, and conforming amendments to 46 CFR, chapters I and III. These changes will have no substantive effect on the public so 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 . Editorial changes that involve more than simply correcting erroneous letters or numbers—or a change of address—are discussed individually in the following paragraphs.

Parts 1 and 10

This rule adds the Director of Waterways Management (G-MW), to the Code of Federal Regulations, and it updates the distribution of functions assigned to several offices.

Parts 28, 35, 78, 97, 131, 167, and 196

In these parts, this rule updates information on obtaining nautical charts and publications by inserting references to the National Imagery and Mapping Agency.

Part 30

Since 1973, this section has referenced SOLAS 60. On July 26, 1990, a rulemaking titled “Replacement of References to SOLAS 60 With SOLAS 74” (55 FR 30658) was published to amend, among other things, this section and three other similar sections of title 46 (§§ 70.05-10, 90.05-10, and 188.05-10). All four amendatory instructions (# 11, 23, 32, and 68) were supposed to make the same change in the regulatory text of these four sections. They all should have read “Section * * * is amended by revising paragraphs (a)(2)(i) and (ii) to read as follows:”.

However, amendatory instruction # 11 in that rulemaking erroneously read “Section 30.01-6 is amended by revising paragraph (a) to read as follows:”. The instruction resulted in the deletion of paragraph (a)(2)(iii). This rule now corrects paragraph (a) by adding back the deleted language.

Part 32

On September 30, 1997, a rulemaking titled “Harmonization With International Safety Standards” (62 FR 51188) was published to amend, among other things, subpart 32.53. The Coast Guard determined that applicable SOLAS provisions regarding inert gas systems were equivalent to current Coast Guard regulations in terms of safety and operating requirements. Therefore, the Coast Guard incorporated SOLAS Chapter II-2 Regulation 62, containing the SOLAS requirements for inert gas systems, by reference in subpart 32.53 and removed §§ 32.53-15 through 32.53-85, which duplicate SOLAS requirements. The result was that § 32.53-5 now incorrectly references § 32.53-30, which was removed. This rule removes the incorrect cross-reference.

Parts 161, 162 and 401

This rule makes changes in these parts to reflect changes in the functional responsibilities for sections in these parts.

Part 199

This rule removes and reserves an obsolete paragraph, 46 CFR 199.620(m), and deletes an obsolete reference in a table.

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 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 ( printed page 48618) Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

We have analyzed this rule under Executive Order 13132, Federalism, 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) requires Federal agencies to assess the effects of their regulatory actions not specifically required by law. In particular, the Act addresses actions that may result in the expenditure of $100 million or more in any one year by a State, local, or tribal government, in the aggregate, or by the private sector. Though this rule will not result in such an expenditure, 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 concern an environmental risk to health or 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. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.

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.lD, 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.

For the reasons set out in the preamble, the Coast Guard amends 46 CFR parts 1, 10, 12, 28, 30, 32, 35, 67, 78, 97, 131, 161, 162, 167, 182, 196, 199 and 401 as follows:

1. The authority citation for part 1 continues to read as follows:

Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 49 CFR 1.45, 1.46; § 1.01-35 also issued under the authority of 44 U.S.C. 3507.

( printed page 48619)

2. In § 1.01-10:

a. In paragraph (b)(1), revise the first sentence to read as follows;

b. In paragraph (b)(1)(ii)(A), remove the phrase “licensing and documenting of merchant personnel, the issuance of certificates of registry to merchant marine staff officers, and”;

c. In paragraph (b)(1)(ii)(D), remove the words “oversees the national pilotage program” and add, in their place, the phrase “exercises administrative and technical oversight for the Marine Safety Laboratory (MSL)”;

d. Redesignate paragraph (b)(1)(iii) as (b)(1)(iv); and

e. Add a new paragraph (b)(1)(iii) to read as follows:

3. The authority citation for part 10 continues to read as follows:

Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. Chapter 71; 46 U.S.C. 7502, 7505, and 7701; 49 CFR 1.45 and 1.46. Section 10.107 is also issued under the authority of 44 U.S.C. 3507.

4. In § 10.112(b), remove the phrase “Commandant (G-MOC), 2100 Second Street SW., Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, U.S. Coast Guard National Maritime Center, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804”.

5. In § 10.910, in table 10.910-2, under the “Examination topics” column, in the entry for “Search and Rescue,” remove the word “AMVER” and add, in its place, the word “Amver”.

6. The authority citation for part 12 continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 7302, 7503, 7505, 7701; 49 CFR 1.46.

7. In § 12.02-13(c), remove “10.02-5” and add, in its place, “10.205(c)”.

8. The authority citation for part 28 continues to read as follows:

Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 49 CFR 1.46.

9. In § 28.225(a)(1), remove the phrase “Defense Mapping Agency Hydrographic/Topographic Center” and add, in its place, the words “the National Imagery and Mapping Agency”.

10. In § 28.275(a), remove the phrase “1900 Arch Street, Philadelphia, PA 19103-1498” and add, in its place, the phrase “5458 Wagonmaster Drive, Colorado Springs, CO 80917”.

11. The authority citation for part 30 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3307, 3703; 49 U.S.C. 5103, 5106; 49 CFR 1.45, 1.46; Section 30.01-2 also issued under the authority of 44 U.S.C. 3507; Section 30.01-5 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

12. In § 30.01-6, add paragraph (a)(2)(iii) to read as follows:

13. The authority citation for part 32 continues to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703, 3719; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46; Subpart 32.59 also issued under the authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.

14. Revise § 32.53-5 to read as follows:

15. The authority citation for part 35 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 3703, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

16. In § 35.20-1:

a. In paragraph (a), remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”; and

b. In paragraph (c), remove the phrase “U.S. Naval Oceanographic Office, the ( printed page 48620) U.S. Coast and Geodetic Survey” and add, in its place, the phrase “National Imagery and Mapping Agency, National Ocean Service,”; and remove the phrase “U.S. Naval Oceanographic Office, Washington, DC 20390, Branch Oceanographic Offices” and add, in its place, the words “National Imagery and Mapping Agency”.

17. The authority citation for part 67 continues to read as follows:

Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 U.S.C. 2103, 2107, 2110; 46 U.S.C. app. 841a, 876; 49 CFR 1.45, 1.46.

18. In § 67.107(b), remove the words “Certificate of Measurement” and add, in their place, the words “certificate of measurement”.

19. The authority citation for part 78 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

20. In § 78.05-1:

a. In paragraph (a), remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”; and

b. In paragraph (c), remove the phrase “U.S. Naval Oceanographic Office, the U.S. Coast and Geodetic Survey” and add, in its place, the phrase “National Imagery and Mapping Agency, National Ocean Service,”; and remove the phrase “U.S. Naval Oceanographic Office, Washington, DC 20390, Branch Oceanographic Offices” and add, in its place, the words “National Imagery and Mapping Agency”.

21. In § 78.10-1, remove the words “United States Coast and Geodetic Survey” and add, in their place, the phrase “National Imagery and Mapping Agency, National Ocean Service”.

22. The authority citation for part 97 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

23. In § 97.05-1:

a. In paragraph (a), remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”; and

b. In paragraph (c), remove the phrase “U.S. Naval Oceanographic Office, the U.S. Coast and Geodetic Survey” and add, in its place, the phrase “National Imagery and Mapping Agency, National Ocean Service,”; and remove the phrase “U.S. Naval Oceanographic Office, Washington, DC 20390, Branch Oceanographic Offices” and add, in its place, the words “National Imagery and Mapping Agency”.

24. In § 97.10-5, remove the words “United States Coast and Geodetic Survey” and add, in their place, the phrase “National Imagery and Mapping Agency, National Ocean Service”.

25. The authority citation for part 131 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.

26. In § 131.910, remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”.

27. The authority citation for part 161 continues to read as follows:

Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

28. In § 161.010-1(a), remove the phrase “U.S. Coast Guard, Office of Design and Engineering Standards (G-MSE), 2100 Second Street SW., Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center, 400 Seventh Street SW., Washington, DC 20590-0001”.

29. In § 161.010-4:

a. In paragraph (a), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center, 400 Seventh Street SW., Washington, DC 20590-0001”; and

b. In paragraph (b), remove the phrase “Commandant (G-MSE)” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

30. The authority citation for part 162 continues to read as follows:

Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; 49 CFR 1.46.

31. In § 162.017-3:

a. In paragraph (b), remove the phrase “Commandant (G-MSE)” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”;

b. In paragraph (c), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”; and

c. In paragraph (o), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

32. In the footnote for § 162.017-5(a), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

33. In § 162.017-6:

a. In paragraph (a), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center, 400 Seventh Street SW., Washington, DC 20590-0001”; and

b. In paragraph (c), remove the phrase “Commandant (G-MSE)” in both places where it appears in the paragraph and add, in those places, the phrase “Commanding Officer, USCG Marine Safety Center”.

34. In the footnote for § 162.018-6(a), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

35. In § 162.018-7(a), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

36. In § 162.018-8: ( printed page 48621)

a. In paragraph (a), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center, 400 Seventh Street SW., Washington, DC 20590-0001”;

b. In paragraph (b), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center,”; and

c. In paragraph (c), remove the word “Commandant” in both places where it appears in the paragraph and add, in those places, the phrase “Commanding Officer, USCG Marine Safety Center”.

37. In § 162.050-7:

a. In paragraph (a), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, U.S. Coast Guard Marine Safety Center, Engineering Division, 400 Seventh Street SW., Washington, DC 20590-0001”;

b. In paragraph (f), remove the phrase “Commandant (G-MSE)” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”; and

c. In paragraph (g), remove the phrase “Commandant (G-MSE)” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center”.

38. In § 162.050-13(b), remove the word “Commandant” and add, in its place, the phrase “Commanding Officer, USCG Marine Safety Center,”.

39. In § 162.050-15:

a. In paragraph (a), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, U.S. Coast Guard Marine Safety Center, Engineering Division, 400 Seventh Street SW., Washington, DC 20590-0001”;

b. In paragraph (e), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, U.S. Coast Guard Marine Safety Center, Engineering Division, 400 Seventh Street SW., Washington, DC 20590-0001”; and

c. In paragraph (h), remove the phrase “Commandant (G-MSE), U.S. Coast Guard, Washington, DC 20593-0001” and add, in its place, the phrase “Commanding Officer, U.S. Coast Guard Marine Safety Center, Engineering Division, 400 Seventh Street SW., Washington, DC 20590-0001”.

40. The authority citation for part 167 continues to read as follows:

Authority: 46 U.S.C. 3306, 3307, 6101, 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

41. In § 167.65-45:

a. In paragraph (a), remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”; and

b. In paragraph (c), remove the phrase, “U.S. Naval Oceanographic Office, the U.S. Coast and Geodetic Survey” and add, in its place, the phrase “National Imagery and Mapping Agency, National Ocean Service,”; and remove the phrase “U.S. Naval Oceanographic Office, Washington, DC 20390, Branch Oceanographic Offices” and add, in its place, the words “National Imagery and Mapping Agency”.

42. The authority citation for part 182 continues to read as follows:

Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

43. In § 182.455(c), remove the phrase “ 33 CFR 193” and add, in its place, the phrase “33 CFR 183”.

44. The authority citation for part 196 continues to read as follows:

Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2213, 3306, 5115, 6101; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

45. In § 196.05-1:

a. In paragraph (a), remove the words “U.S. Navy” and add, in their place, the words “National Imagery and Mapping Agency”; and

b. In paragraph (c), remove the phrase “U.S. Naval Oceanographic Office, the U.S. Coast and Geodetic Survey” and add, in its place, the phrase “National Imagery and Mapping Agency, National Ocean Service,”; remove the phrase, “U.S. Naval Oceanographic Office, Washington, DC 20390, Branch Oceanographic Offices” and add, in its place, the words “National Imagery and Mapping Agency”.

46. The authority citation for part 199 continues to read as follows:

Authority: 46 U.S.C. 3306, 3307, 3703; 49 CFR 1.46.

47. In § 199.620:

a. In table 199.620(a) at the end of paragraph 199.620(a), remove the row starting with the words “199.510: EPIRB requirement. . . .”; and

b. Revise paragraph (m) to read as follows:

48. The authority citation for part 401 continues to read as follows:

Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 49 CFR 1.45, 1.46(mmm); 46 CFR 401.105 also issued under the authority of 44 U.S.C. 3507.

49. In § 401.110(a)(9), remove the phrase “(G-MO)” and add, in its place, the phrase “(G-MW)”.