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Coast Guard, DHS.
Final rule.
This rule makes non-substantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public.
This final rule is effective July 12, 2006.
Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2006-25150 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http://dms.dot.gov.
If you have questions on this rule, call Mr. Ray Davis, Coast Guard, telephone 202-372-1461. If you have questions on viewing the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402.
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 these changes involve agency organization and practices, and good cause exists for not publishing an NPRM for all revisions in the rule because they are all non-substantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the Federal Register .
Each year Title 33 of the Code of Federal Regulations is updated on July 1. This rule, which becomes effective July 12, 2006, makes other technical and editorial corrections throughout Title 33. This rule does not create any substantive requirements.
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. ( printed page 39207)
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 an expenditure of this magnitude, 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 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, paragraph (34)(a) and (b), of the Instruction from further environmental documentation because this rule involves editorial, procedural, and internal agency functions. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES .
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 151, 153, 154, 155, 156, 157, 160, 164, and 165.
1. The authority citation for part 1 continues to read as follows:
2. In paragraph (d), remove the reference “1.07-9” and add, in its place, “1.07-10”.
3. The authority citation for part 64 continues to read as follows:
4. At the end of the section, remove the Note.
5. The authority citation for part 72 continues to read as follows:
6. In § 72.01-25, paragraph (b), remove “202-521-2250” and add, in its place, “202-512-2104”.
7. In § 72.05-5, remove “202-521-2250” and add, in its place, “202-512-2104”.
8. The authority citation for part 81 continues to read as follows:
9. Revise the last sentence of § 81.3 to read as follows:
* * * The information collection and recordkeeping requirements in §§ 81.5 and 81.18 have been approved by the Office of Management and Budget under OMB control No. 1625-0019.
10. Revise the parenthetical at the end of § 81.5 to read as follows:
11. Revise the parenthetical at the end of § 81.18 to read as follows:
12. The authority citation for part 89 continues to read as follows:
13. Revise the last sentence of § 89.3 to read as follows:
* * * The information collection and recordkeeping requirements in §§ 89.5 and 89.18 have been approved by the Office of Management and Budget under OMB control No. 1625-0019.
14. The authority citation for part 100 continues to read as follows:
15. In § 100.519 paragraph (a)(2), remove the word “Group” and add in its place, “SFO”.
16. In § 100.531, in paragraph (a), in the definition of “Coast Guard Patrol Commander”, remove the word “Group” and add in its place, “SFO”.
17. In § 100.531, in paragraph (a), in the definition of “Official Patrol”, remove the word “Group” and add in its place, “SFO”.
18. The authority citation for part 101 continues to read as follows:
19. In § 101.305, in paragraph (a), remove “202-267-2675, fax: 202-267-1322” and add, in its place, “202-372-2428; Fax: 202-372-2920”.
20. The authority citation for part 104 continues to read as follows:
21. In § 104.115— ( printed page 39209)
a. Revise the section heading to read as set forth above;
b. In paragraph (a), remove “On July 1, 2004, and thereafter, vessel”, and add, in its place, “Vessel”.
c. Remove paragraph (b), and redesignate paragraph (c) as paragraph (b).
d. In newly designated paragraph (b), introductory text, remove “On July 1, 2004, and thereafter, owners” and add, in its place, “Owners”.
22. In § 104.205, in paragraph (b)(1), remove “202-267-2675, fax: 202-267-1322” and add, in its place, “202-372-2428; Fax: 202-372-2920”.
23. The authority citation for part 120 continues to read as follows:
24. In § 120.220, in paragraph (a) remove “202-267-2675” and add, in its place, “202-372-2428; Fax: 202-372-2920”.
25. The authority citation for part 135 continues to read as follows:
26. In § 135.305(b), remove the words “Subpart C” and add in their place “Subpart B”.
27. The authority citation for part 146 continues to read as follows:
28. Revise the parenthetical at the end of § 146.30 to read as follows:
29. Revise the parenthetical at the end of § 146.35 to read as follows:
30. Revise the parenthetical at the end of § 146.125 to read as follows:
31. Revise the parenthetical at the end of § 146.303 to read as follows:
32. The authority citation for part 148 continues to read as follows:
33. In § 148.5, in paragraph (3), of the definition for Administrator of the Maritime Administration, remove “202-366-4721” and add, in its place, “800-996-2723”.
34. The authority citation for part 151 continues to read as follows:
35. In 151.09, in paragraph (a)(4), remove the reference “§ 2.05-10” and add, in its place, “§ 2.22(a)(2)”.
36. In § 151.15, in paragraph (d)(2), remove “202-267-2675), fax number 202-479-7165” and add, in its place, “202-372-2428), fax number 202-372-2920”.
37. Revise the parenthetical at the end of § 151.19 to read as follows:
38. Revise the parenthetical at the end of § 151.21 to read as follows:
39. Revise the parenthetical at the end of § 151.25 to read as follows:
40. Revise the parenthetical at the end of § 151.57 to read as follows:
41. The authority citation for part 153 continues to read as follows:
42. In § 153.203, remove “202-267-2675” and add, in its place, “202-372-2428; fax number 202-372-2920”.
43. The authority citation for part 154 continues to read as follows:
44. Revise the parenthetical at the end of § 154.310 to read as follows:
45. Revise the parenthetical at the end of § 154.740 to read as follows:
46. Revise the parenthetical at the end of § 154.804 to read as follows:
47. Revise the parenthetical at the end of § 154.806 to read as follows:
48. The authority citation for part 155 continues to read as follows:
49. Revise the parenthetical at the end of § 155.370 to read as follows:
50. Revise the parenthetical at the end of § 155.440 to read as follows:
51. Revise the parenthetical at the end of § 155.750 to read as follows:
52. In Subpart D, revise the subpart heading to read “Tank Vessel Response Plans for Oil”.
53. The authority citation for part 156 continues to read as follows:
54. Revise the parenthetical at the end of § 156.20 to read as follows:
55. Revise the parenthetical at the end of § 156.170 to read as follows:
56. The authority citation for part 157 continues to read as follows:
57. Revise the parenthetical at the end of § 157.04 to read as follows:
58. Revise the parenthetical at the end of § 157.24a to read as follows:
59. Revise the parenthetical at the end of § 157.37 to read as follows:
60. Revise the parenthetical at the end of § 157.100 to read as follows:
61. Revise the parenthetical at the end of § 157.102 to read as follows:
62. Revise the parenthetical at the end of § 157.108 to read as follows:
63. Revise the parenthetical at the end of § 157.110 to read as follows:
64. Revise the parenthetical at the end of § 157.116 to read as follows:
65. Revise the parenthetical at the end of § 157.118 to read as follows:
66. Revise the parenthetical at the end of § 157.200 to read as follows:
67. Revise the parenthetical at the end of § 157.206 to read as follows:
68. Revise the parenthetical at the end of § 157.208 to read as follows:
69. Revise the parenthetical at the end of § 157.214 to read as follows:
70. Revise the parenthetical at the end of § 157.216 to read as follows:
71. The authority citation for part 160 continues to read as follows:
72. In § 160.7—
a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e);
b. Amend paragraph (b) by removing the reference “paragraph (d) of this section”, and adding a reference “paragraph (e) of this section” in its place;
c. Add a new paragraph (c); and
d. Revise newly designated paragraph (d); as follows:
(c) Any person directly affected by the establishment of a safety zone or by an order or direction issued by, or on behalf of, a District Commander may appeal to the Area Commander through the District Commander. The appeal must be in writing, except as allowed under paragraph (e) of this section, and shall contain complete supporting documentation and evidence which the appellant wishes to have considered. Upon receipt of the appeal, the Area Commander may direct a representative to gather and submit documentation or other evidence which would be necessary or helpful to a resolution of the appeal. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials. Following submission of all materials, the Area Commander issues a ruling, in writing, on the appeal. Prior to issuing the ruling, the Area Commander may, as a matter of discretion, allow oral presentation on the issues.
(d) Any person directly affected by the establishment of a safety zone or by an order or direction issued by an Area Commander, or who receives an unfavorable ruling on an appeal taken under paragraph (b) of this section, may appeal through the Area Commander to the Assistant Commandant for Marine Safety, Security and Environmental Protection, U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, except as allowed under paragraph (e) of this section. The Area Commander forwards the appeal, all the documents and evidence which formed the record upon which the order or direction was issued or the ruling under paragraph (b) of this section was made, and any comments which might be relevant, to the Assistant Commandant for Marine Safety, Security and Environmental Protection. A copy of this documentation and evidence is made available to the appellant. The appellant is afforded five working days from the date of receipt to submit rebuttal materials to the Assistant Commandant for Marine Safety, Security and Environmental Protection. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is based upon the materials submitted, without oral argument or presentation. The decision of the Assistant Commandant for Marine Safety, Security and Environmental Protection is issued in writing and constitutes final agency action.
73. The authority citation for part 164 continues to read as follows:
74. In § 164.15, paragraph(a)(1), remove the word “hip” and add, in its place “ship”.
75. The authority citation for part 165 continues to read as follows:
76. In § 165.5, remove the parenthetical after paragraph (b)(6) and add a new parenthetical at the end of the section to read as follows:
77. Revise § 165.501 (d)(9)(iv) as set out below:
(d) * * *
(9) * * *
(iv) The designated representative of the Captain of the Port is the Sector Command Center (SCC)—Joint Harbor Operations Center (JHOC) which shall be contacted on VHF-FM channel 12, or by calling (757) 668-5555.
Dated: July 6, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States Coast Guard.
[FR Doc. E6-10890 Filed 7-11-06; 8:45 am]
BILLING CODE 4910-15-P