[Federal Register Volume 67, Number 189 (Monday, September 30, 2002)]
[Rules and Regulations]
[Pages 61276-61280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24622]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 10, 12, 14, 28, 54, 56, 62, 63, 67, 68, 108, 116, 120, 
125, 183, 189, and 401

[USCG-2002-13058]
RIN 2115-AG48


Shipping--Technical and Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: This rule makes editorial and technical changes throughout 
Title 46 of the Code of Federal Regulations to update the title before 
it is recodified on October 1, 2002. It corrects addresses, updates 
cross-references, makes conforming amendments, and makes other 
technical corrections. This rule will have no substantive effect on the 
regulated public.

DATES: This final rule is effective September 30, 2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility, [USCG-2002-
13058], U.S. Department of Transportation, room PL-401, 400 Seventh 
Street SW., Washington, DC, 20590-0001, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Robert Spears, Project Manager, Standards Evaluation and 
Development Division (G-MSR-2), Coast Guard, telephone 202-267-1099. If 
you have questions on viewing the docket, call Dorothy Beard, Chief, 
Dockets, Department of Transportation, telephone 202-366-5149.

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. Also, we have made changes to 46 CFR part 401 to make 
it gender neutral. This rule does not change any substantive 
requirements of existing regulations.

When the Rule Is Being Made Effective

    We did not publish a notice of proposed rulemaking (NPRM) for this

[[Page 61277]]

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.

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 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 have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraphs (34)(a) and (b) of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. The changes in this rule 
correct addresses, update cross-references, make conforming amendments, 
and make other technical corrections. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 54

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 56

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 62

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 63

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 67

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 68

    Oil pollution, Vessels.

46 CFR Part 108

    Fire prevention, Marine safety, Occupational safety and health, Oil 
and gas exploration, Vessels.

46 CFR Part 116

    Fire prevention, Marine safety, Passenger vessels, Seamen.

46 CFR Part 120

    Marine safety, Passenger vessels.

46 CFR Part 125

    Administrative practice and procedure, Cargo vessels, Hazardous 
materials transportation, Marine safety, Seaman.

46 CFR Part 183

    Marine safety, Passenger vessels.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

[[Page 61278]]

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.


    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR parts 10, 12, 14, 28, 54, 56, 62, 63, 67, 68, 108, 116, 120, 125, 
183, 189 and 401 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

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

    Authority: 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; Pub. L. 103-206, 
107 Stat. 2439; 49 CFR 1.45, 1.46. Sec. 10.107 also issued under the 
authority of 44 U.S.C. 3507.


Sec.  10.105  [Amended]

    2. In Sec.  10.105, remove the words ``San Francisco, CA'' and add, 
in their place, the words ``Alameda, CA''.

PART 12--CERTIFICATION OF SEAMEN

    3. 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.


Sec.  12.05-9  [Amended]

    4. In Sec.  12.05-9(c), remove the word ``shalldemonstrate'' and 
add, in its place, the words ``shall demonstrate''.


Sec.  12.25-10  [Amended]

    5. Amend Sec.  12.25-10 as follows:
    a. In paragraph (a), remove the words ``steward's document'' and 
add, in its place, the words ``steward's department''; and
    b. In paragraph (b), remove the word ``indorsement'' and add, in 
its place, the word ``endorsement''.

PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS

    6. The authority citation for part 14 continues to read as follows:

    Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104.

    7. In Sec.  14.103 revise paragraph (a), and in paragraph (b) 
remove the number ``703-235-1062'' and add in its place the number 
``202-493-1055'', to read as follows:


Sec.  14.103  Addresses of Coast Guard.

    (a) By mail: U.S. Coast Guard National Maritime Center (NMC-4A), 
4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1803.
* * * * *


Sec.  14.307  [Amended]

    8. In Sec.  14.307(a), remove the words ``form CG-719A (Rev. 8-
80)'' and in their place add the words ``form CG-718A (Rev. 3-85)''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

    9. 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.


Sec.  28.120  [Amended]

    10. Amend Sec.  28.120 as follows:
    a. In the third column of Table 28.120(a) to the section remove the 
word ``Byoyant'' and add, in its place, the word ``Buoyant''; and
    b. In the third column of Table 28.120(c) to the section remove the 
word ``Solas'' and add, in its place, the word ``SOLAS''.


Sec.  28.270  [Amended]

    11. In Sec.  28.270(a)(4), remove the word ``affects'' and add, in 
its place, the word ``effects''.

PART 54--PRESSURE VESSELS

    12. The authority citation for part 54 continues to read as 
follows:

    Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. ,


Sec.  54.01-1  [Amended]

    13. In Sec.  54.01-1(b), under the entry for Manufacturers 
Standardization Society (MSS), remove the word ``Marketing'' and add, 
in its place, the word ``Marking''

PART 56--PIPING SYSTEMS AND APPURTENANCES

    14. The authority citation for part 56 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j), 1509; 43 U.S.C. 1333; 46 U.S.C. 
3306, 3703; 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.


Sec.  56.25-5  [Amended]

    15. In Sec.  56.25-5, immediately before the words ``Appendix 2'', 
remove the word ``of'' and add, in its place, the word ``or''.


Sec.  56.50-30  [Amended]

    16. In Sec.  56.50-30(b)(1), remove the word ``economized'' and 
add, in its place, the word ``economizer''.


Sec.  56.50-70  [Amended]

    17. In Sec.  56.50-70(b)(2), remove the citation ``56.60-25(c)'' 
and add, in its place, the citation ``56.60-25(b)''.


Sec.  56.60-25  [Amended]

    18. Amend Sec.  56.60-25 as follows:
    a. In paragraph (b)(2), immediately after the words ``paragraphs 
(a)(1) through'', remove ``(6)'' and add, in its place, ``(4)''; and, 
immediately after the words ``in accordance with paragraph'', remove 
``(b)'' and add, in its place, ``(a)''; and
    b. In paragraph (b)(3), immediately after the words ``paragraphs 
(a)(1) through'', remove ``(6)'' and add, in its place, ``(4)''.


Sec.  56.70-5  [Amended]

    19. In Sec.  56.70-5(a), remove ``57.02-4'' and add, in its place, 
``57.02-5''.

PART 62--VITAL SYSTEM AUTOMATION

    20. The authority citation for part 62 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703, 8105; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.


Sec.  62.35-20  [Amended]

    21. In Sec.  62.35-20, remove the note immediately following 
paragraph (a)(6).

PART 63--AUTOMATIC AUXILIARY BOILERS

    22. The authority citation for part 63 continues to read as 
follows:

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


Sec.  63.01-3  [Amended]

    23. In Sec.  63.01-3(a)(2), remove ``(20 gph)'' from the end of the 
sentence.

PART 67--DOCUMENTATION OF VESSELS

    24. 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.


Sec.  67.19  [Amended]

    25. Amend Sec.  67.19 as follows:
    a. In paragraph (e)(1), remove ``(b)'' and add, in its place, 
``(c)''; and
    b. In paragraph (e)(2), immediately after the words ``requirements 
of Sec.  67.35(a)'', remove ``(2)''.

[[Page 61279]]

PART 68--DOCUMENTATION OF VESSELS PURSUANT TO EXTRAORDINARY 
LEGISLATIVE GRANTS

    26. The authority citation for part 68 continues to read as 
follows:

    Authority: 46 U.S.C. 2103; 49 CFR 1.46. Subpart 68.01 also 
issued under 46 U.S.C. App. 876; subpart 68.05 also issued under 46 
U.S.C. 12106(d).


Sec.  68.01-5  [Amended]

    27. In Sec.  68.01-5(b), remove the word ``Commandant'' and add, in 
its place, the words ``Director, National Vessel Documentation 
Center''.


Sec.  68.01-7  [Amended]

    28. In Sec.  68.01-7(c), remove the word ``Commandant'' and add, in 
its place, the words ``Director, National Vessel Documentation 
Center''.


Sec.  68.01-13  [Amended]

    29. In Sec.  68.01-13(a), remove the words ``Sec.  67.01-7'' and 
add, in their place, the words ``Sec.  67.9''.

Appendix A to Subpart 68.01--Oath for Qualification of Corporation as a 
Citizen of the United States Under the Act of September 2, 1958 (46 
U.S.C. 883-1)

    30. In Appendix A to Subpart 68.01, remove the words ``Sec.  67.03-
9(b)'' and add, in their place, the words ``Sec.  67.39(c)''.

PART 108--DESIGN AND EQUIPMENT

    31. The authority citation for part 108 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; 49 CFR 1.46.


Sec.  108.160  [Amended]

    32. In Sec.  108.160(c), remove ``Sec.  108.525(e)'' and add, in 
its place, ``Sec.  108.540(h)(3)(ii)''.

PART 116--CONSTRUCTION AND ARRANGEMENT

    33. The authority citation for part 116 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec.  116.438  [Amended]

    34. In Sec.  116.438(l), immediately after the words ``required by 
paragraph'', remove ``(j)'' and add, in its place, ``(k)''.


Sec.  116.730  [Amended]

    35. In Sec.  116.730, remove ``Sec. Sec.  72.20-10(a), (b), (d), 
and (e)'' and add, in their place, ``Sec. Sec.  72.20-10''.

PART 120--ELECTRICAL INSTALLATION

    36. The authority citation for part 120 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec.  120.380  [Amended]

    37. In Sec.  120.380(f), remove the words ``paragraphs (a) and (b) 
of Sec.  111.93-11 in subchapter J'' and add, in their place, the words 
``Sec.  58.25-55 in subchapter F''.

PART 125--GENERAL

    38. The authority citation for part 125 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; 49 
CFR 1.46.


Sec.  125.110  [Amended]

    39. In Sec.  125.110(a), remove ``(G-MSE)'' and add, in its place, 
``(G-MSO)''.

PART 183--ELECTRICAL INSTALLATION

    40. The authority citation for part 183 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; 49 CFR 1.46.


Sec.  183.380  [Amended]

    41. In Sec.  183.380(f), remove the words ``paragraphs (a) and (b) 
of Sec.  111.93-11 in subchapter J'' and add, in their place, the words 
``Sec.  58.25-55 in subchapter F''.

PART 189--INSPECTION AND CERTIFICATION

    42. The authority citation for part 189 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3306, 3307; 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.


Sec.  189.55-15  [Amended]

    43. In Sec.  189.55-15, in paragraph (a)(2), remove the first 
sentence and add ``The plans may be submitted directly to the 
Commanding Officer, Marine Safety Center, 400 Seventh Street SW., 
Washington, DC 20590-0001.'' in its place; remove paragraph (a)(3); and 
redesignate paragraph (a)(4) as paragraph (a)(3).

PART 401--GREAT LAKES PILOTAGE REGULATIONS

    44. 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.

    45. In Sec.  401.110 revise paragraph (a)(9) to read as follows:


Sec.  401.110  Definitions.

    (a) * * *
    (9) Director means Director, Great Lakes Pilotage. Communications 
with the Director may be sent to the following address: Commandant (G-
MW-1), 2100 Second Street SW., Washington, DC 20593-0001, Attn: 
Director, Great Lakes Pilotage.
* * * * *


Sec.  401.210  [Amended]

    46. Amend Sec.  401.210 as follows:
    a. In paragraphs (a)(2), (3), (4), (6), (8), and (9), wherever the 
word ``He'' appears, remove it and add, in its place, the word ``The 
individual'';
    b. In paragraph (a)(7), remove the words ``He agrees that he will'' 
and replace them with the words, ``The individual agrees to''; and
    c. In paragraph (b), immediately following the words ``of his'' add 
the words ``or her''.


Sec.  401.211  [Amended]

    47. In Sec.  401.211(a), wherever the word ``He'' appears, remove 
it, and add, in its place, the words ``The individual''.


Sec.  401.230  [Amended]

    48. Amend Sec.  401.230 as follows:
    a. In paragraph (a), immediately following the word ``his'' add the 
words ``or her''; and
    b. In paragraph (b), immediately following the word ``he'' add the 
words ``or she''.


Sec.  401.250  [Amended]

    49. In Sec.  401.250(d), immediately following the words ``deliver 
his'', add the words ``or her''.


Sec.  401.260  [Amended]

    50. In Sec.  401.260, (b) and (c), immediately following the word 
``his'' add the words ``or her'' wherever it appears in these 
paragraphs.


Sec.  401.600  [Amended]

    51. In Sec.  401.600, immediately following the word ``he'' 
wherever it appears, add the words ``or she'', and immediately 
following the word ``his'' wherever it appears, add the words ``or 
her''.


[[Page 61280]]


    Dated: September 20, 2002.
Joseph J. Angelo,
Acting Assistant Commandant, Marine Safety, Security and Environmental 
Protection.
[FR Doc. 02-24622 Filed 9-27-02; 8:45 am]
BILLING CODE 4910-15-P