SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations

II. Regulatory History

III. Basis and Purpose

IV. Discussion of the Rule

V. Regulatory Analyses

A. Regulatory Planning and Review

B. Small Entities

C. Assistance for Small Entities

D. Collection of Information

E. Federalism

F. Unfunded Mandates

G. Taking of Private Property

H. Civil Justice Reform

I. Protection of Children

J. Indian Tribal Governments

K. Energy Effects

L. Technical Standards

M. Environment

I. Abbreviations

CFR Code of Federal Regulations

CG-ENG Coast Guard Office of Design and Engineering Standards

DHS Department of Homeland Security

FR Federal Register

NVIC Navigation and Vessel Inspection Circular

OMB Office of Management and Budget

OMR Organization Modification Request

§ Section

URL Uniform Resource Locator

U.S.C. United States Code

II. Regulatory History

We did not publish a notice of proposed rulemaking for this rule. Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), the Coast Guard finds that this final rule is exempt from notice and public comment rulemaking requirements because these changes involve rules of agency organization, procedure, or practice. In addition, the Coast Guard finds that notice and comment procedures are unnecessary for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of only technical and editorial corrections and these changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this final rule effective upon publication in the Federal Register .

III. Basis and Purpose

This final rule, which becomes effective on February 16, 2023, makes technical and editorial corrections throughout titles 33 and 46 of the Code of Federal Regulations (CFR). These changes are necessary to update authority citations, correct errors, update contact information, and make other non-substantive amendments that improve the clarity of the CFR. This rule does not create or change any substantive requirements.

This final rule is issued under the authority of 5 U.S.C. 552(a) and 553; 14 U.S.C. 102 and 503; Department of Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.3; and authorities listed at the end of this rule for each CFR part this rule amends.

IV. Discussion of the Rule

The Coast Guard periodically issues technical, organizational, and conforming amendments to existing regulations in titles 33 and 46 of the CFR. These technical amendments provide the public with accurate and current regulatory information, but do not change the effect of any Coast Guard regulations on the public.

A. Authority Citation Updates

This rule updates the authority citations in 33 CFR parts 101, 104, 105, 106, 117, 162, and 174 and 46 CFR parts 1, 96, 160, 161, 162, 163, 173, and 178. Specifically, this rule implements the updates to DHS Delegation No. 00170.1, Revision No. 01.3 in 33 CFR parts 101, 104, 105, 106, 117, 162, and 174 and 46 CFR parts 1, 96, 160, 161, 162, 163, 173, and 178. It also reflects the repeal of 46 U.S.C. 5115 by removing that section from the authority citation for 46 CFR part 163. And this rule removes the repealed 46 U.S.C. 4104 from the authority citation for 46 CFR part 162.

B. Technical Amendments to Title 33 of the CFR

In § 5.9, this rule updates the website at which the public may obtain copies of the Auxiliary Manual (Commandant Instruction M16790.1(series)) and the Auxiliary Operations Policy Manual (Commandant Instruction M16798.3(series)). This rule revises the web address in this section to “ https://www.dcms.uscg.mil/​directives.”

In §§ 70.01-1 and 70.05-20, this rule updates an outdated cross-reference from 33 CFR part 68 to 33 CFR part 118. This reflects the redesignation of 33 CFR part 68 (governing bridge lighting and other signals). On June 11, 1975, the Coast Guard determined that all bridge regulations be grouped in 33 CFR chapter I, subchapter J, “Bridges,” so 33 CFR part 68 was redesignated as 33 CFR part 118.

In § 80.135, this rule updates a reference to “Canal Breakwater Light 4” in the demarcation lines set by the Convention on the International Regulations for Preventing Collisions at Sea, 1972 for the Atlantic Coast from Hull, MA, to Race Point, MA. The reference now reads as “Canal Breakwater Light 6” to match the marker that was redesignated by the project to realign the Aids to Navigation channel.

In §§ 101.105 and 101.510, this rule updates references to Navigation and Vessel Inspection Circular (NVIC) 09-02. This rule replaces “change 2” in § 101.105 and “change 3” in § 101.510 with “series” to ensure that the public will always be directed to the most current version of this circular (which is currently on change 5). This rule also updates the link for the website that the public can use to obtain this or other NVICs.

In §§ 104.267, 105.257, and 106.262, this rule replaces the outdated link provided for the Coast Guard's Homeport website, “ http://homeport.uscg.mil” with the new link, “ https://homeport.uscg.mil.”

In § 105.400, this rule removes irrelevant language that contained a broken website link for submitting facility security plans electronically. The link provided did not direct the user to a functioning web page, so both the link and the sentence containing it were removed.

In § 115.60(b)(2), this rule modernizes the language to include email addresses and more closely align regulations with the requirements for public meetings in 40 CFR 1506.6(b)(3). This rule also clarifies the Coast Guard's options for publishing and posting notices of public meetings.

In § 117.237(b)(2), this rule updates the phone number of the Harrisburg, PA Dispatcher's Office to “470-463-1102.”

In § 117.664, this rule corrects the misspelled “Rainer” to “Ranier.”

In § 162.75(b)(5)(vi), this rule updates the phone number for the Captain of the Port, New Orleans to “504-365-2200 or 504-365-2545.”

In Table 5 to § 165.801, this rule replaces “Riverfront Marketing Group” in line 3 with “Go 4th New Orleans” to maintain consistency with a sponsor's submission on form CG-4423, Application for Approval of Marine Event.

In § 165.1334, this rule corrects “BSU” to “Base” in the section heading to reflect the proper name of the listed Coast Guard base.

In § 174.31(c), this rule removes the words “The payment” and adds the words “Proof of payment” to clarify and align with the wording in 46 U.S.C. 12307(2).

C. Technical Amendments to Title 46 of the CFR

In § 1.01-10(e)(1), this rule replaces the text to reflect changes brought on by the 2018 Organization Modification Request (OMR). The 2018 OMR resulted ( printed page 10026) in changes in which offices are responsible for specific functions, created the Coast Guard's Flag State Control Division (CG-CVC-4), and eliminated the Coast Guard's Human Element and Ship Design Division (CG-ENG-1). This rule's revision of § 1.01-10(e)(1) better defines the Coast Guard Office of Design and Engineering Standards (CG-ENG) and align the functional statement with CG-ENG's Strategic Business Plan.

In § 96.07-5(a), this rule replaces “shall” with “must” to fix a grammatical inaccuracy and to follow Federal plain language guidelines.

In §§ 160.051-5(a), 160.076-11(a), 160.077-5(a), 160.115-5(a), 160.132-5(a), 160.133-5(a), 160.135-5(a), 160.151-5(a), 160.156-5(a), 160.170-5(a), and 160.176-4(a), this rule removes outdated instructions and replaces it with updated locations, websites, and email addresses. These changes conform to the Office of the Federal Register's requirements for writing “incorporation by reference” sections.

In §§ 161.010-4(a), 162.017-6(a), 162.018-8(a), and 162.050-7(a), this rule corrects a mistake from a previous rulemaking and replaces “submitting the VSP electronically” with “electronic submittals.” “VSP” means “vessel security plan,” which is unrelated to approving floating electric water light, safety relief valve, pressure-vacuum valve, or pollution prevention equipment. In these same sections, this rule also updates the Uniform Resource Locator (URL) for submitting vessel security plans electronically to read as “ https://www.uscg.mil/​HQ/​MSC.”

In § 173.095(b) and (d), this rule updates the equation. The way that the equation is written in the CFR, it is unclear whether the quantity “(P×D)” is to be multiplied by 2/3 or raised to the power of 2/3 , so this rule corrects “ 2/3 ” to “^ 2/3 ”. The public regularly contacted the Marine Safety Center requesting clarification on how to calculate the equation. This rule clarifies that the quantity (P×D) is to be raised to the power of 2/3 .

In § 178.450(a), this rule corrects the typo “Basis Drainage” to “Basic Drainage” to help clear confusion for readers and to match the rest of the text, which uses “Basic Drainage.”

V. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders.

A. Regulatory Planning and Review

Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

One additional Executive order was published to promote the goals of Executive Order 13610 (Identifying and Reducing Regulatory Burdens). Executive Order 13610 aims to modernize the regulatory systems and to reduce unjustified regulatory burdens and costs on the public.

The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. A regulatory analysis follows.

This rule involves non-substantive technical amendments and internal agency practices and procedures; it will not impose any additional costs. The technical amendments in this rule fit into categories that involve (1) correcting inadvertent typographical errors in the CFR; (2) modifying existing language in the CFR by addition or subtraction to improve the readability or clarity of regulations; (3) removing irrelevant information, such as expired regulatory provisions or cancelled reference material, and replacing outdated regulatory information with current information where applicable; and (4) revising office contact information and mailing addresses. The Coast Guard does not expect that there will be any additional costs conferred on the public or the Federal Government because none of the technical and editorial changes included in this rule will change existing regulatory requirements. A summary of these amendments by category and by CFR title and section are presented below in table 1.

The unquantified benefits of the non-substantive technical amendments are increased accuracy of regulatory information by correcting erroneous information, and improved readability and clarity of regulations by removing redundant or confusing language and by removing expired or cancelled provisions that are no longer relevant. In addition, correcting technical items such as office contact details and location coordinates will improve the ability to reference and contact the correct entities.

B. Small Entities

Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

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.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we offer to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.

D. Collection of Information

This rule calls for no new or revised collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

A rule has implications for federalism under Executive Order 13132 (Federalism) if it has a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

F. Unfunded Mandates

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 (adjusted for inflation) or more in any one year. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights).

H. 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.

I. 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 will not create an environmental risk to health or risk to safety that might disproportionately affect children.

J. Indian Tribal Governments

This rule does not have tribal implications under Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments), because it will 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.

K. 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.

L. Technical Standards

The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, 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.

M. Environment

We have analyzed this rule under DHS Management Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), ( printed page 10028) which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. This rule is categorically excluded under paragraph L54 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev 1. Paragraph L54 pertains to regulations which are administrative or procedural, such as those updating addresses or establishing application procedures. This rule involves making non-substantive technical, organizational, and conforming amendments to existing Coast Guard regulations to keep our regulations up-to-date and accurate.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 5, 70, 80, 101, 104, 105, 106, 115, 117, 162, 165, and 174 and 46 CFR parts 1, 96, 160, 161, 162, 163, 173, and 178 as follows:

Title 33—Navigation and Navigable Waters ( printed page 10030) Title 46—Shipping