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Coast Guard, DHS.
Final rule.
By this final rule, the Coast Guard is making editorial and technical changes throughout titles 46 and 49 of the Code of Federal Regulations (CFR) to update and correct the titles before they are revised on October 1, 2004. Our rule updates organization names and addresses, and makes conforming amendments and technical corrections. This rule will have no substantive effect on the regulated public.
This final rule is effective September 30, 2004.
Documents as indicated in this preamble are available for inspection or copying under docket number (USCG-2004-1884) 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.
If you have questions on this rule, call Mr. Robert Spears, Project Manager, Standards Evaluation and Development Division (G-MSR-2), U.S. Coast Guard, at (202) 267-1099. If you have questions on viewing, or submitting material to the docket, call Andrea M. Jenkins, Program Manager, Docket Operations, Department of Transportation, at (202) 366-0271.
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 all of these changes are non-substantive. 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 .
Each year titles 46 and 49 of the Code of Federal Regulations are updated on October 1. This rule, which becomes effective September 30, 2004, corrects organization names and addresses, revises authority citations for certain parts to reflect our move to the Department of Homeland Security (DHS) in March 2003, and makes other technical and editorial corrections throughout titles 46 and 49. This rule does not change any substantive requirements of existing regulations.
In the following paragraphs, we describe revisions that are not self-explanatory name, address or spelling corrections, gender-neutral changes, or updates to references/cites:
a. 46 CFR 10.205, 10.901, 10.903, 12.10-9, and 12.13-1. These sections contain a date or dates that no longer apply. Any date that has passed and no longer affects the rule has been removed. ( printed page 58337)
b. 46 CFR 10.306, 10.811, and 12.02-29. The time periods for these sections have passed, or their subject matter is no longer relevant. These sections have served their purpose and are no longer valid. They are removed and reserved.
c. 46 CFR 13.113, 13.115, and 13.117. These sections contain grandfather provisions (for tankerman certified under prior regulations) that have expired. These sections have served their purpose, and they no longer apply to anyone. They are removed and reserved.
d. 46 CFR 15.1030. We added an interpretive note to the end of this section. Including this interpretive note in the CFR serves as an important reminder for those who are subject to it as well as those who are tasked with enforcing this regulation. The note first appeared in a Notice of Interpretation published in the Federal Register (USCG-2000-7742, 65 FR 49284, 11 Aug. 2000). We did not receive any formal comments (pro or con) when this notice was published.
e. 46 CFR 15.1105. Paragraph (d) is deleted as it has served its purpose. The passage of time has made this paragraph obsolete.
f. 46 CFR 28.575. This change allows one to use the formula with either English units or metric units.
g. 46 CFR 54.15 and 116.438. Errors in conversion of units are corrected.
h. 46 CFR 175.400. An erroneous conversion from cubic meters to cubic feet is corrected.
i. A number of sections throughout title 46 contain collection of information numbers changed by the transfer of the Coast Guard from the Department of Transportation (DOT) to the Department of Homeland Security (DHS). The old DOT series numbers (2115-) are replaced by the new DHS series numbers (1625-).
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.
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 rule will not have a significant economic impact on a substantial number of small entities.
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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.
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 such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
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.
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.
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.
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.
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.
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 ( printed page 58338) adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
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. An “Environmental Analysis Check List” and a “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES .
For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 16, 24, 25, 26, 27, 28, 30, 31, 34, 35, 36, 38, 39, 42, 44, 45, 46, 47, 50, 52, 53, 54, 56, 58, 59, 61, 62, 63, 64, 67, 68, 69, 70, 71, 72, 76, 77, 78, 80, 90, 91, 92, 95, 96, 97, 98, 105, 107, 108, 109, 110, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 125, 127, 128, 129, 130, 131, 132, 133, 134, 147, 147A, 148, 150, 151, 153, 154, 159, 161, 162, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 177, 178, 179, 180, 181, 182, 183, 184, 185, 188, 189, 190, 193, 194, 195, 196, 197, 199, and 401, and 49 CFR Parts 450, 451, 452, and 453 as follows:
( printed page 58341)1. Revise the authority citation for part 1 to read as follows:
2. Amend § 1.01-25 as follows:
a. In paragraph (b), after the phrase “activities are channeled,” add a comma; and
b. In paragraph (c)(1), remove the word “preferment” and add, in its place, the word “bringing”.
3. In § 1.01-35(b), remove the number “2115-0007” and add, in its place, the number “1625-0002”; remove the number “2115-0141” and add, in its place, the number “1625-0035”; remove the number “2115-0053” and add, in its place, the number “1625-0014”; remove the number “2115-0003” and add, in its place, the number “1625-0001”; and remove the number “2115-0005” and add, in its place, the number “1625-0002”.
4. Revise the authority citation for part 2 to read as follows:
5. In § 2.01-5 (c), after the word “When” and after the word “etc.”, add commas; and between the words “whom” and “request”, add the word “a”.
6. In § 2.01-10(b), add commas before and after the words “on its own initiative”.
7. Amend § 2.01-15 as follows:
a. In paragraph(a)(2), after the word “see”, add the word “either” and, after the word “Vessels)”, add the words “or § 115.700 of subchapter K (Small Passenger Vessels Carrying More than 150 Passengers or with Overnight Accommodations for more than 49 Passengers)”; and
b. In paragraph (b), in the introductory text, add commas before and after the words “in the opinion of the marine inspector”.
8. In § 2.01-20, after the word “suspended” add the word “or”.
9. Revise § 2.01-25(a)(3) to read as follows:
(a) * * *
(3) When authorized by the Commandant, U.S. Coast Guard, the American Bureau of Shipping may issue the Cargo Ship Safety Construction Certificate to cargo and tankships which it classes.
10. In § 2.10-101(b), remove “§ 2.10-103” and add, in its place, “§ 2.10-105”.
11. In § 2.10-115(a), after the words “single service”, add a comma.
12. In § 2.20-40, revise the introductory text of paragraph (c) to read as follows:
(c) When fusible plugs in boilers are renewed at a time other than the inspection for certification and there is no marine inspector in attendance at the renewal, the chief engineer must report the renewal of the fusible plugs by letter to the OCMI who issued the certificate of inspection. This letter report must contain the following information:
13. In § 2.20-50, add commas before and after the words “except in an emergency”.
14. Amend § 2.75-1 as follows:
a. In paragraph (c), remove the words “Marine Safety and Environmental Protection” wherever they appear, and add, in their place, the words “Marine Safety, Security and Environmental Protection”;
b. Revise paragraph (f) to read as follows:
(f) A listing of current and formerly approved equipment and materials may be found on the internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.
15. Amend § 2.75-5 as follows:
a. In paragraph (a), remove the words “Marine Safety and Environmental Protection” and add, in their place, the words “Marine Safety, Security and Environmental Protection”; and
b. In paragraph (b), remove the word “sooner”.
16. In § 2.75-50(c), remove the words “Marine Safety and Environmental Protection” and add, in their place, the words “Marine Safety, Security and Environmental Protection”.
17. In § 2.85-1, add commas before and after the phrase “when placed on a vessel”.
18. Revise the authority citation for part 3 to read as follows:
19. The authority citation for part 4 is revised to read as follows:
20. In § 4.23-1, after the word “If”, add a comma.
21. In § 4.40-30(b), before the phrase “on scene investigation” add the word “an”.
22. Revise the authority citation for part 5 to read as follows:
23. In § 5.19(b), add commas before and after the phrase “with or without probation”.
24. In § 5.33, after the word “revocation”, add a comma.
25. Revise § 5.707(b) to read as follows:
(b) Action on the request is taken by the ALJ unless the hearing transcript has been forwarded to the Commandant, in which case, the Commandant will make the final action.
26. In § 5.803, after the words “transcript of”, add the word “the”.
27. In § 5.805(a), add commas before and after the words “in whole or in part”.
28. Revise the authority citation for part 6 to read as follows:
29. Amend § 6.01 as follows:
a. In paragraph (b), in the first sentence, add commas before and after the words “with respect to a particular vessel”, and in the last sentence, add a comma after the words “in all other cases”; and
b. In paragraph (d), add a comma after the word “orally”.
30. In § 6.06(c), in the introductory text, add commas before and after the phrase “effective for a particular vessel”.
31. Revise the authority citation for part 7 to read as follows:
32. Revise the authority citation for part 8 to read as follows:
33. In § 8.320(b)(9), remove the words “International Oil Pollution” and add, in their place, the words “International Pollution”.
34. Amend § 8.450 as follows:
a. In paragraph (c), add a comma after the word “terminated”; and
b. In paragraph (d), add a comma after the word “terminated”.
35. Revise the authority citation for part 9 to read as follows:
36. Revise the authority citation for part 10 to read as follows:
37. In § 10.102(b), remove the words “in 1995 and 1997”.
38. In § 10.107(b), remove the number “2115-0514” and add, in its place, the number “1625-0040”; remove the number “2115-0111” and add, in its place, the number “1625-0028”; and, remove the number “2115-0624” and add, in its place, the number “1625-0079”.
39. Amend § 10.205 as follows:
a. In paragraph (d)(4), in the third sentence, remove the words “in behalf”, and add, in their place, the words “on behalf”.
b. In paragraph (f)(3), remove the words “license or mariner's document”, and add, in their place the words “license or merchant mariner's document”;
c. In paragraph (l), remove the words “After January 31, 1997, except as provided in § 10.202, an STCW certificate or endorsement valid for any period on or after February 1, 2002,” and add, in their place the words “Except as provided in § 10.202, an STCW certificate or endorsement”; and
d. In paragraphs (m)(1), (n)(1) and (o), remove the words “each candidate for an STCW certificate or endorsement as master or mate, to be valid on or after February 1, 2002,” and add, in their place, the words “each candidate for an STCW certificate as master or mate”.
40. In § 10.209(e)(3)(i) introductory text, remove the words “Coast Guard office”, and add, in their place, the words “Coast Guard Regional Examination Center”.
41. In § 10.302(a), remove the number “510”, and add, in its place, the number “630”.
42. In § 10.303(f) introductory text, remove the words “shall direct”, and add, in their place, the word “directs”.
43. In § 10.304(h)(7) and (8), remove the words “license or document”, and add, in their place, the words “licenses or documents”.
44. Remove and reserve § 10.306.
45. In § 10.307, remove the number “510”, and add, in its place, the number “630”, and remove the number “(703) 235-1300”, and add, in its place, the words “(202) 493-1025 (also available on the internet at: www.uscg.mil/nmc).”
46. In § 10.309(a)(11), remove the words “suite 510”, and add, in their place, the words “Suite 630”.
47. In § 10.805(b), remove the words “mariner s”, and add, in their place the word “mariner's”.
48. Remove and reserve § 10.811.
49. In § 10.901(c), in the introductory text, remove the words “each applicant for an STCW certificate or endorsement, to be valid for service on or after February 1, 2002, in the following capacities”, and add, in their place, the words “each applicant for an STCW certificate or endorsement in the following capacities”.
50. Revise the introductory text of 10.903(c) to read as follows:
(c) Each candidate for any of the following licenses shall meet the ( printed page 58343) requirements of the appropriate STCW regulations and standards of competence and those in part A of the STCW Code (incorporated by reference in § 10.102, as indicated in table 903-1):
51. Revise the authority citation for part 12 to read as follows:
52. In § 12.01-9(b)(1), remove the number “2115-0624”, and add, in its place, the number “1625-0079”.
53. Amend § 12.02-3 as follows:
a. In paragraph (a), remove the words “applicants qualifying therefor”, and add, in their place, the words “qualifying applicants”;
b. In paragraph (b)(3), after the word “appears”, add the word “and”.
54. Revise § 12.02-4 as follows:
a. In paragraph (c)(1)(ii), in the first sentence, remove the comma after the words “reason or reasons for”; and
b. In paragraph (c)(6), after the words “of this section”, add a comma.
55. In § 12.02-10, remove the words “Immigration and Naturalization Service” wherever they appear, and add, in their place, the words “US Citizenship and Immigration Services”.
56. Amend § 12.02-11 as follows:
a. In paragraph (d)(1), in the first sentence, after the phrase “rating in the deck department” add a comma; in the first sentence, add commas around the second appearance of the phrase “except able seaman”; in the second sentence, after the phrase “qualifies as able seaman”, add a comma; and, in the second sentence, after the words “deck department”, add a comma.
b. In paragraph (d)(2), add a comma after the phrase “2,000 horsepower”;
c. In paragraph (e)(1), after the phrase “junior assistant purser” add a comma.
57. In § 12.02-13(b)(8), remove the phrase “United States Immigration and Naturalization Service” and add, in its place, the phrase “US Citizenship and Immigration Services”.
58. Revise § 12.02-23(d) to read as follows:
(d) Each person issued a document described in § 12.02-5, shall report its loss to an Officer in Charge, Marine Inspection.
59. Remove and reserve § 12.02-29.
60. In § 12.03-1—
a. In paragraph (a)(11), remove the words “suite 510” and add, in their place, the words “Suite 630”.
b. In paragraph (c)(2), remove the words, “Commandant (G-MS)” and add, in their place, the words “Commanding Officer, National Maritime Center”.
61. In § 12.05-9, redesignate paragraphs (c-1) and (d) as (d) and (e) respectively.
62. In § 12.10-3(a)(5), remove the word “served”, and add, in its place, the word “service”.
63. In § 12.10-9(a), remove the words “After July 31, 1998, each person” and add, in their place, the words “Each person”.
64. In § 12.13-1, remove the words “After July 31, 1998, each person”, and add, in their place, the words “Each person”.
65. In § 12.15-5(c), remove the word “therefor”, and add, in its place, the word “therefore”.
66. In § 12.25-20, add a comma after the word “physician”.
67. Revise the authority citation for part 13 to read as follows:
68. In § 13.105, paragraph (b)(1), remove the number “2115-0514” and add, in its place, the number “1625-0040”; in paragraph (b)(2) remove the number “2115-0111” and add, in its place, the number “1625-0028”.
69. Remove and reserve § 13.113.
70. Remove and reserve § 13.115.
71. Remove and reserve § 13.117.
72. Revise the authority citation for part 15 to read as follows:
73. In § 15.102, paragraph (b)(1)—
a. Remove the number “2115-0624” and replace it with the number “1625-0079”; and
b. Remove the words “, and 15.111”.
74. In § 15.103(d), delete the words “in 1995”.
75. In § 15.105(b), delete the words “in 1995”.
76. In § 15.515 (a), add a comma after the phrase “in its service and on board”.
77. In § 15.705(a), in the fifth sentence, remove the words “The minimal safe manning levels specified in a vessel's certificate of inspection takes into consideration” and add, in their place, the words “The minimum safe manning levels specified in a vessel's certificate of inspection take into consideration”.
78. In § 15.710, in the introductory text, remove the first period in that paragraph, and add, in its place, a comma.
79. In § 15.812(c) introductory text, remove the words “as first class pilotage areas”, and add, in their place, the words “areas of pilotage waters”.
80. Revise § 15.815(c) to read as follows:
(c) Each person having to be licensed under 46 U.S.C. 8904(a) for employment or service as master, mate, or operator on board an uninspected towing vessel of 8 meters (approximately 26 feet) or more in length must, if the vessel is equipped with radar, hold a valid endorsement as radar observer.
81. In § 15.1030, add a note to the section that reads as follows:
Note to § 15.1030:
“Intra-port transit” as used in this section includes the movement of a foreign-trade vessel inbound from sea from the point where a State-licensed pilot ceases providing pilotage to another point within the identified areas ( i.e., a dock or anchorage). Likewise, intra-port transit also includes the movement of a foreign-trade vessel outbound to sea from a point within the identified areas ( i.e., a dock or anchorage) to the point where a State licensed pilot begins providing pilotage.
82. In § 15.1103(b), remove the words “of 500 GT or more”, and add, in their place, the words “of 500 GT or more as determined under the International Tonnage Convention”.
83. Amend § 15.1105 as follows:
a. Remove paragraph (d); and
b. Redesignate paragraph (e) as paragraph (d).
84. Revise the authority citation for part 16 to read as follows:
85. Revise authority citation for part 24 to read as follows:
86-87. Revise the authority citation for part 25 to read as follows:
88. In § 25.01-5, paragraph (b), remove the number “2115.0549” and add, in its place, the number “1625-0099”.
89. Revise the authority citation for part 26 to read as follows:
90. In § 26.03-8(a), in the second sentence, after the word “Commandant”, remove the words “(G-M)” and add, in its place, the words “(G-MOC)”.
91. Revise the authority citation for part 27 to read as follows:
92. Revise the authority citation for part 28 to read as follows:
93. In § 28.20, paragraph (b), remove the number “2115-0582” wherever it appears, and add, in its place, the number “1625-0061”.
94. In § 28.30(a), remove the words “33 CFR”.
95. In § 28.50, in the definition for “Coast Guard representative”, remove the words “Chief, Vessel and Facility Operating Standards Division, Commandant (G-MSO-2)”, and add, in their place, the words “Office of Compliance, Fishing Vessels Safety Division, Commandant (G-MOC-3)”.
96. In § 28.65(c), remove the word “Bording”, and add, in its place, the word “Boarding”; and remove the word “vesel”, and add, in its place, the word “vessel”.
97. Revise § 28.70(b) to read as follows:
(b) A listing of current and formerly approved equipment and materials may be found on the internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.
98. In § 28.140, in Table 28.140, remove the text “25.26-5”, wherever it appears, and add, in its place, the text “25.26-50”.
99. Amend § 28.275 as follows:
a. In paragraph (a), remove the words “United States Marine Safety Association (USMSA), 5458 Wagonmaster Drive, Colorado Springs, CO 80917”, and add, in their place, the words “U.S. Marine Safety Association (USMSA), 5050 Industrial Road, Farmingdale, NJ 07727; telephone: (732) 751-0102; fax: (732) 751-0508; or e-mail: usmsa@usmsa.org”;
b. In paragraph (a)(2)(ii) remove the word “revceived”, and add, in its place, the word “received”;
c. In paragraph (a)(3)(ii), remove the words “(See note 1.)”; and
d. Remove, in its entirety, the note to paragraph (a) marked “NOTE 1”.
100. Revise § 28.300 to read as follows:
Each commercial fishing industry vessel which has its keel laid or is at a similar stage of construction, or which undergoes a major conversion completed on or after September 15, 1991, and that operates with more than 16 individuals on board, must comply with the requirements of this subpart in addition to the requirements of subparts A, B, and C of this part.
101. In § 28.515(b)(1), remove the word “a”, and add, in its place, the word “an”.
102. In § 28.575(b), remove “0.00216E n (Vn 2An Zn)/W” and add, in its place, “K En (Vn 2An Zn)/W”, and immediately following “where:” insert the words “K=0.00216 when consistent English units are used or 1.113 when consistent metric units are used.”
103. In § 28.825(b)(2)(ii), remove the phrase “for 20 seconds before the agent”.
104. Revise the authority citation for part 30 to read as follows:
105. In § 30.01-2, paragraph (b), remove the number “2115-0131” wherever it appears, and add, in its place, the number “1625-0038”; remove the number “2115-0554” wherever it appears, and add, in its place, the number “1625-0032”; remove the row of numbers that read “§ 32.53-85 * * * 2115-0505”; remove the number “2115-0589” and add, in its place, the number “1625-0064”; remove the number, “2115-0506” and add, in its place, the number “1625-0039”; remove the number, “2115-0505” and add, in its place, the number “1625-0038”.
106. In § 30.15-1(a) remove the word “therefor”, and add, in its place, the word “therefore”.
107. In § 30.30-11(b) remove the word “therefor”, and add, in its place, the word “therefore”.
108. Revise the authority citation for part 31 to read as follows:
109. In § 31.01-3(b), remove the number “(202) 267-6925” and add, in its place, the number “(202) 267-2988”.
110. Revise the authority citation for part 34 to read as follows:
111. Revise the authority citation for part 35 to read as follows:
112. Revise § 35.30-35(a)(2), to read as follows:
(a) * * *
(2) The compartments adjacent and the compartments diagonally adjacent are either:
(i) Gas-free;
(ii) Inerted;
(iii) Filled with water;
(iv) Contain Grade E liquid and are closed and secured; or
(v) Are spaces in which flammable vapors and gases normally are not expected to accumulate; and,
113. Revise the authority citation for part 36 to read as follows:
114. Revise the authority citation for part 38 to read as follows:
115. Revise the authority citation for part 39 to read as follows:
116. Amend § 39.10-13 as follows:
a. In paragraph (c), remove the words “paragraphs (a) and (b)”, and add, in their place, the words “paragraph (a)”;
b. In paragraph (d), remove the words “paragraph (d)”, and add, in their place, the words “paragraph (c)”.
117. Revise the authority citation for part 42 to read as follows:
118. In § 42.01-5, paragraph (b), remove the number “2115-0043” wherever it appears, and add, in its place, the number “1625-0013”.
119. Revise the authority citation for part 44 to read as follows:
120. In § 44.05-10(d), in the first sentence, remove the word “no”, and add, in its place, the word “on”.
121. Revise the authority citation for part 45 to read as follows:
122. Revise the authority citation for part 46 to read as follows:
123. Revise the authority citation for part 47 to read as follows:
124. Revise the authority citation for part 50 to read as follows:
125. In § 50.01-20, paragraph (b), remove the number, “2115-0142” and add, in its place, the number “1625-0097”.
126. In paragraph (e), remove the number “58.30-17” and add, in its place, “58.30-15”.
127. Revise the authority citation for part 52 to read as follows:
128. Revise the authority citation for part 53 to read as follows:
129. Revise the authority citation for part 54 to read as follows:
130. In § 54.15-25(c), remove the words “standard conditions 0 °C and 1.03 kp/cm 2 ” and add, in their place, the words “standard conditions 15 °C and 103 kPa”.
131. Revise the authority citation for part 56 to read as follows:
132. In § 56.01-2(b) remove the word “Flantion” and add, in its place, the word “Flanges”.
133. Amend § 56.20-9 as follows:
a. In paragraph (a), between the fourth and fifth sentences, add the sentence “See § 56.50-1(g)(2)(iii)”; and
b. In paragraph (c), remove the text “Refer also to § 56.20-15(b)(2)(ii)” and add, in its place, the text “Refer also to § 56.20-15(b)(2)(iii)”.
134. In Table 56.50-55(a), in note 1, remove the words “Subpart 182.25” and add, in their place, the words “Subpart 182.520”.
135. In § 56.50-60(m)(2), remove “§ 58.50-90” and add, in its place, “§ 56.50-90”.
136. Revise the authority citation for part 58 to read as follows:
137. In § 58.20-15(c), remove the word “waterweight” and add, in its place, the word “watertight”.
138. Revise the authority citation for part 59 to read as follows:
139. Revise the authority citation for part 61 to read as follows:
140. Revise the authority citation for part 62 to read as follows:
141. In § 62.50-20(g)(2), remove “§ 111.30-1(a)(4)” and add, in its place, “§ 111.30-1”.
142. Revise the authority citation for part 63 to read as follows:
143. In § 63.01-3(b), remove the term “(20 gph)”.
144. Revise the authority citation for part 64 to read as follows:
145. In § 64.95(d), remove “§ 50.25-15” and add, in its place, “§ 50.25-10”.
146. Revise the authority citation for part 67 to read as follows:
147. In § 67.3(c) in the definition for “National Vessel Documentation Center”, remove the words “2039 Stonewall Jackson Drive” and add, in their place, the words “792 T.J. Jackson Drive”.
148. In § 67.13(a), remove the words “2039 Stonewall Jackson Drive”, and add, in their place, the words “792 T.J. Jackson Drive”.
149. In § 67.14(b), remove the number “2115-0110” wherever it appears, and add, in its place, the number “1625-0027”.
150. In § 67.31(c)(3), remove the word “meaning”, and add, in its place, the word “manning”.
151. Revise the authority citation for part 68 to read as follows:
152. Revise the authority citation for part 69 to read as follows:
153. In § 69.29(b), remove the number “2115-0086” wherever it appears, and ( printed page 58347) add, in its place, the number “1625-0022”.
154. Revise the authority citation for part 70 to read as follows:
155. In § 70.01-15, in paragraph (b), remove the number “2115-0136” and add, in its place, the number “1625-0032”; remove the number “2115-0554” and add, in its place, the number “1625-0032”; remove the number “2115-0589” wherever it appears and add, in its place, the number “1625-0064”.
156. Revise the authority citation for part 71 to read as follows:
157. In § 71.15-5 (b), remove “(202) 267-6925” and add, in its place, “(202) 267-2988”.
158. Revise the authority citation for part 72 to read as follows:
159. Revise the authority citation for part 76 to read as follows:
160. In § 76.23-15(a), remove “§ 78.47-15” and add, in its place, “§ 78.47-18”.
161. Revise the authority citation for part 77 to read as follows:
162. Revise the authority citation for part 78 to read as follows:
163. Revise the authority citation for part 80 to read as follows:
164. Revise the authority citation for part 90 to read as follows:
165. In § 90.01-15(b), remove the number “2115-0517”, and add, in its place, the number “1625-0065”; remove the number “2115-0554” wherever it appears, and add, in its place, the number “1625-0032”; remove the number “2115-0589” wherever it appears, and add, in its place, the number “1625-0064”.
166. The authority citation for part 91 continues to read as follows:
167. In § 91.15-5(b), remove the number “(202) 267-6925” and add, in its place, the number “(202) 267-2988”.
168. Revise the authority citation for part 92 to read as follows:
169. Revise the authority citation for part 95 to read as follows:
170. Revise the authority citation for part 96 to read as follows:
171. Revise the authority citation for part 97 to read as follows:
172. In § 97.12-5, remove the words “30 Vesey Street, New York, NY 10007-2914”, and add, in their place, the words “17 Battery Place, Suite 1232, New York, NY 10004-1207 (telephone: 212-785-8300; fax: 212-785-8333; or e-mail: helpdesk@natcargo.org)”.
173. Revise the authority citation for part 98 to read as follows:
174. Revise the authority citation for part 105 to read as follows:
175. Revise the authority citation for part 107 to read as follows:
176. In § 107.05(b), remove the number “2115-0505” wherever it appears, and add, in its place, the number “1625-0038”; remove the number “2115-0589”, and add, in its place, the number “1625-0064”.
177. In § 107.205(b), remove the number “(202) 267-6925” and add, in its place, the number “(202) 267-2988”.
178. Revise the authority citation for part 108 to read as follows:
179. Revise the authority citation for part 109 to read as follows:
180. Revise the authority citation for part 110 to read as follows:
181. In § 110.01-2(b), remove the number “2115-0115”, and replace it with the number “1625-0031”.
182. In the Editorial Note to § 110.25-3, remove the word “addded” and add, in its place, the word “added”.
183. Revise the authority citation for part 111 to read as follows:
184. Amend § 111.01-15 as follows:
a. In paragraph (a), remove “40 °C” and add, in its place, “40 °C (104 °F)”;
b. In paragraph (b), remove “50 °C” and add, in its place, “50 °C (122 °F)”, and remove “45 °C” and add, in its place, “45 °C (113 °F)”;
c. In paragraph (c), remove “45 °C” and add, in its place, “45 °C (113 °F), remove “40 °C” and add, in its place, “40 °C (104 °F)”, and remove “50 °C” and add, in its place, “50 °C (122 °F)”; and
d. In paragraph (d), remove “55 °C” and add, in its place, “55 °C (131 °F)”.
185. In § 111.60-7, in Table 111.60-7, in the “Demand load” column, remove the words “when grounded netural is not protected” and add, in their place, the words “when grounded neutral is not protected”.
186. In § 111.99-3, in the definition for “Fire door holding magnet” remove the word “electronmagnet” and add, in its place, the word “electromagnet”.
187. In § 111.101-1, remove “§ 56.50-55(a)(2)(i)” and add, in its place, “§ 56.50-55”.
188. Revise the authority citation for part 112 to read as follows:
189. In § 112.50-1(i), remove “§ 58.10-15(g)” and add, in its place, “§ 58.10-15(f)”.
190. Revise the authority citation for part 113 to read as follows:
191. In § 113.25-20(b), remove the words “corrision-resistant” and add, in their place, the words “corrosion-resistant”.
192. In § 113.30-5(e)(1), remove the word “comunication” and add, in its place, the word “communication”.
193. In § 113.43-3(a), remove the word “contol” and add, in its place, the word “control”.
194. Revise the authority citation for part 114 to read as follows:
195. In § 114.900(b), remove the number “2115-0578” wherever it appears, and add, in its place, the number “1625-0057”; remove the number “2115-0003” wherever it appears, and add, in its place, the number “1625-0001”; and, remove the words “will be displayed when assigned by OMB” wherever it appears, and add, in their place, the number “1625-0057”.
196. Revise the authority citation for part 116 to read as follows:
197. In § 116.438(g), remove “(0.375 inches)” and add, in its place, “(0.19685 inches)”.
198. Revise the authority citation for part 117 to read as follows:
199. Revise the authority citation for part 118 to read as follows:
200. Revise the authority citation for part 119 to read as follows:
201. Revise the authority citation for part 120 to read as follows:
202. Revise the authority citation for part 121 to read as follows:
203. Revise the authority citation for part 122 to read as follows:
204. Revise the authority citation for part 125 to read as follows:
205. Revise the authority citation for part 127 to read as follows:
206. Revise the authority citation for part 128 to read as follows:
207. Revise the authority citation for part 129 to read as follows:
208. Revise the authority citation for part 130 to read as follows:
209. Revise the authority citation for part 131 to read as follows:
210. Revise the authority citation for part 132 to read as follows:
211. Revise the authority citation for part 133 to read as follows:
212. Revise the authority citation for part 134 to read as follows:
213. Revise the authority citation for part 147 to read as follows:
214. In § 147.5, remove the words “Marine Safety and Environmental Protection” and add, in their place, the words “Marine Safety, Security and Environmental Protection”.
215. In § 147.8(b), remove the number “2115-0139” wherever it appears, and add, in its place, the number “1625-0034”.
216. Revise the authority citation for part 147A to read as follows:
217. Revise the authority citation for part 148 to read as follows:
218. Revise the authority citation for part 150 to read as follows:
219. In § 150.105(b), remove the number “2115-0016” wherever it appears, and add, in its place, the number “1625-0007”; remove the number “2115-0089” wherever it appears, and add, in its place, the number “1625-0094”; remove the number “2115-0113” and add, in its place, the number “1625-0029”.
220. Revise the authority citation for part 151 to read as follows:
221. Revise the authority citation for part 153 to read as follows:
222. Revise the authority citation for part 154 to read as follows:
223. The authority citation for part 159 continues to read as follows:
224. In § 159.001-9(b), remove the number “2115-0090” wherever it appears, and add, in its place, the number “1625-0035”; remove the number “2115-0121” wherever it appears, and add, in its place, the number “1625-0035”; remove the number “2115-0141” wherever it appears, and add, in its place, the number “1625-0035”; remove the number “2115-0525” wherever it appears, and add, in its place, the number “1625-0035”.
225. Revise the authority citation for part 161 to read as follows:
226. In § 161.002-4(b)(4), immediately after the word “protection”, insert the words, “(defined in § 110.15-1 of this chapter)”, and delete the words, “Category ENV3 of”.
227. In § 161.002-10(g)(1), remove the word “valves” and add, in its place, the word “values”.
228. Revise the authority citation for part 162 to read as follows:
229. In § 162.017-6(c), remove the words “acceptable to the Commanding Officer, USCG Marine Safety Center” and add, in their place, the words “acceptable to the Commandant (G-MSE)”.
230. Revise the authority citation for part 166 to read as follows:
231. Revise the authority citation for part 167 to read as follows:
232. In § 167.01-20(b), remove the number “2115-0554”, and add, in its place, the number “1625-0032”; remove the number “§ 167.65-43”, and replace it with the number “§ 167.65-42”; remove the number “2115-0589” wherever it appears, and add, in its place, the number “1625-0064”.
233. Revise the authority citation for part 168 to read as follows:
234. Revise the authority citation for part 169 to read as follows:
235. In § 169.117(b), remove the number “2115-0517” wherever it appears, and add, in its place, the number “1625-0002”; remove the number “2115-0007”, and add, in its place, the number “1625-0002”; remove the number “2115-0546” wherever it appears, and add in its place, in consecutive order, the numbers “1625-0002”, “1625-0014”, “1625-0014”, “1625-0032”, “1625-0018”, and “1625-0038”; remove the number “2115-0554”, and add, in its place, the number “1625-0032”; remove the number “2115-0095”, and add, in its place, the numbers “1625-0038, 1625-0064”; remove the number “2115-0132”, and add, in its place, the numbers “1625-0035, 1625-0038”; remove the number “2115-0003”, and add, in its place, the number “1625-0001”; remove the number “2115-0589”, and add, in its place, the number “1625-0064”; remove the number “2115-0071”, and add, in its place, the number “1625-0018”.
236. Revise the authority citation for part 170 to read as follows:
237. In § 170.020(b), remove the string of numbers “2115-0095, 2115-0114, 2115-0130, 2115-0131” wherever it appears and add, in its place, the number “1625-0064”; remove the entry for “§ 170.210.”
238. Revise the authority citation for part 171 to read as follows:
239. Revise the authority citation for part 172 to read as follows:
240. Revise the authority citation for part 173 to read as follows:
241. Revise the authority citation for part 174 to read as follows:
242. Revise the authority citation for part 175 to read as follows:
243. In § 175.400, in the definition for “Open to the atmosphere” remove the words “cubic meter (foot)” and add, in their place, the words “cubic meter (35 ft 3)”.
244. In § 175.900(b), remove the number “2115-0578” wherever it appears and add, in its place, the number “1625-0057”; remove the number “2115-0589” and add, in its place, the number “1625-0057”; remove the number “2115-0559” wherever it appears and add, in its place, the number “1625-0057”; remove the number “2115-0003” wherever it appears, and add, in its place, the number “1625-0001”; and, remove the footnote “ 1 Will be displayed when assigned by OMB” from the bottom of the table, and in the four places in the table where the note (1) was applied, remove the reference to the note and add, in its place, the number “1625-0057”.
245. Revise the authority citation for part 177 to read as follows:
246. In § 177.202(d), remove the words “Marine Safety Center (Marine Safety Center)” and add, in their place, the words “Marine Safety Center (MSC)”.
247. Revise the authority citation for part 178 to read as follows:
248. Revise the authority citation for part 179 to read as follows:
249. Revise the authority citation for part 180 to read as follows:
250. Revise the authority citation for part 181 to read as follows:
251. Revise the authority citation for part 182 to read as follows:
252. In § 182.455(a)(1), remove the words “9 millimeters” and add, in their place, the words “0.9 millimeters”.
253. Revise the authority citation for part 183 to read as follows:
254. Revise the authority citation for part 184 to read as follows:
255. Revise the authority citation for part 185 to read as follows:
256. Revise the authority citation for part 188 to read as follows:
257. In § 188.01-15(b), remove the number “2115-0554” wherever it appears, and add, in its place, the number “1625-0032”; remove the number “2115-0589” wherever it appears, and add, in its place, the number “1625-0064”.
258. Revise the authority citation for part 189 to read as follows:
259. Revise the authority citation for part 190 to read as follows:
260. Revise the authority citation for part 193 to read as follows:
261. Revise the authority citation for part 194 to read as follows:
262. Revise the authority citation for part 195 to read as follows:
263. Revise the authority citation for part 196 to read as follows:
264. Revise the authority citation for part 197 to read as follows:
265. Revise the authority citation for part 199 to read as follows:
266. In § 199.05(a), remove the words “Lifesaving and Fire Safety Division (G-MSE-4)” and add, in their place, the words “Lifesaving and Fire Safety Standards Division (G-MSE-4)”.
267. In § 199.30—
a. Revise the definition for “Approval series”.
b. In the definition for “Ferry”, remove the text, “§ 70.10-15” and add, in its place, the text, “§ 70.10-1”. The revision reads as follows:
Approval series means the first six digits of a number assigned by the Coast Guard to approved equipment. Where approval is based on a subpart of subchapter Q of this chapter, the approval series corresponds to the number of the subpart. A listing of current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information concerning approved equipment.
268. In § 199.175(b)(21)(ii)(B), remove the words “(3,937 pounds-force)” and add, in their place, the words “(3,370 pounds-force)”.
269. The authority citation for part 401 continues to read as follows:
270. In § 401.105(b), remove the number “2115-0022”, and add, in its place, the number “1625-0086”.
271. In § 401.110(a)(9), remove “(G-MW-1)” and add, in its place, “(G-MWP-2)”.
272. Revise the authority citation for part 450 to read as follows:
273. Amend § 450.3 as follows:
a. In paragraph (a)(2)(iv)(B), remove the words “The term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.”; and
b. Add paragraph (a)(2)(v) to read as follows:
(a) * * *
(2) * * *
(v) The term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.
274. In § 450.11—
a. In paragraph (a), remove the text “(G-MVI)” and add, in its place, the text “(G-MSO)”; and
b. In paragraph (d), remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
275. In § 450.12(a) introductory text, remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
276. In § 450.13, remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
277. In § 450.14, remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
278. In § 450.15(a), remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
279. In § 450.16(a) introductory text and (b) introductory text, remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
280. Revise the authority citation for part 451 to read as follows:
281. In § 451.1(a), remove “(G-MVI)” and add, in its place, “(G-MSO)”.
282. In § 451.3(a), remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
283. In § 451.5(b), remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
284. In § 451.7(a), add commas before and after the phrase “relating to the end and sidewall strength tests”.
285. In § 451.12(a)(4), remove the words “of bailee” and add, in their place, the words “or bailee”.
286. In § 451.18(a), remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”.
287. Revise the authority citation for part 452 to read as follows:
288. In § 452.1(a) after the phrase “except that for containers approved as new containers” add a comma.
289. Amend § 452.3 as follows:
a. In paragraph (a)(2) remove the text “(types)”; and
b. In paragraph (b) after the word “include” add a comma.
290. Amend § 452.7 as follows:
a. In paragraph (a), remove “(G-MVI)” and add, in its place, “(G-MSO)”.
b. In the text following paragraph (c), remove the number “2115-0094”, and add, in its place, the number “1625-0024”.
291. Amend § 452.9 as follows:
a. In paragraph (b), add a comma before the phrase “in addition”.
b. In the text following paragraph (b), remove the number “2115-0094”, and add, in its place, the number “1625-0024”.
292. Revise the authority citation for part 453 to read as follows:
293. Amend § 453.7 as follows:
a. In § 453.7 remove the words “Merchant Vessel Inspection Division, Office of Merchant Marine Safety” wherever they appear and add, in their place, the words “Office of Operating and Environmental Standards (G-MSO)”; and
b. In paragraph (a) after the phrase “or other order” add a comma.
Dated: September 24, 2004.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States Coast Guard.
[FR Doc. 04-21845 Filed 9-29-04; 8:45 am]
BILLING CODE 4910-15-P