[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Rules and Regulations]
[Pages 9533-9535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4763]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 3, 5, 45, 51, 52, 53, 66, 109, 114 and 120

46 CFR Parts 1 and 68

[USCG-2003-14505]


Coast Guard Transition to Department of Homeland Security; 
Technical Amendments Reflecting Organizational Changes

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: This rule makes technical changes to various parts of titles 
33 (Navigation and Navigable Waters) and 46 (Shipping) of the Code of 
Federal Regulations. These revisions coincide with the scheduled March 
1, 2003, transfer of the Coast Guard from the Department of 
Transportation to the newly created Department of Homeland Security. 
This rule, which revises existing regulations to reflect organizational 
changes, has no substantive effect on the regulated public.

DATES: This rule is effective March 1, 2003.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility, (USCG-2003-
14505), 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 James McLeod, Project Manager, Office of Regulations and 
Administrative Law (G-LRA), Coast Guard, at 202-267-6233. If you have 
questions on viewing, or submitting material to, the docket, call 
Dorothy Beard, Chief, Dockets, Department of Transportation, at 202-
366-5149.

SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed 
rulemaking (NPRM) for this rule. The rule consists entirely of agency 
organization, procedure and practice revisions to various regulations 
in titles 33 (Navigation and Navigable Waters) and 46 (Shipping) of the 
Code of Federal Regulations (CFR) in response to enactment of the 
Homeland Security Act of 2002 (HLSA), Public Law 107-296, 116 Stat. 
2135 (2002). Congress has established the Department of Homeland 
Security (DHS) (section 101 of HLSA) and directed the transfer of the 
Coast Guard (sections 888 and 1512 of HLSA) from the Department of 
Transportation to DHS. As indicated in the Department of Homeland 
Security Reorganization Plan submitted on November 25, 2002, by the 
President to Congress (under section 1502 of the HLSA), the Coast Guard 
is scheduled to move to DHS on March 1, 2003.
    Because it is technical in nature and relates only to agency 
organization, procedure and practice, under 5 U.S.C. 553(b)(A), the 
Coast Guard finds that this rule is exempt from notice and comment 
rulemaking requirements. These changes will have no substantive effect 
on the public; therefore, it is not necessary for us to publish an NPRM 
and provide an opportunity for public comment. 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.

Discussion of the Rule

    In this rule, we are changing ``Department of Transportation'' to 
the ``Department of Homeland Security'' in specified sections in 33 CFR 
Chapter I and 46 CFR Chapter I. We have also eliminated references to 
Department of Transportation delegation regulations (i.e., 49 CFR 1.45 
and 1.46) in the text of Coast Guard regulations. And we have updated 
our rulemaking regulations (33 CFR part 1, subpart 1.05) not only to 
reflect our transition to DHS but to reflect current agency practice 
and procedure.

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 and non-substantive changes, 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

    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.

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 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.

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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

[[Page 9534]]

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. These regulations are 
editorial or procedural and concern internal agency functions and 
organization. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 5

    Volunteers.

33 CFR Part 45

    Military personnel, Reporting and recordkeeping requirements.

33 CFR Part 51

    Administrative practice and procedure, Military personnel.

33 CFR Part 52

    Administrative practice and procedure, Archives and records, 
Military personnel.

33 CFR Part 53

    Administrative practice and procedure, Investigations, Military 
personnel, Whistleblowing.

33 CFR Part 66

    Intergovernmental relations, Navigation (water), Reporting and 
recordkeeping requirements.

33 CFR Part 109

    Anchorage grounds.

33 CFR Part 114

    Bridges.

33 CFR Part 120

    Passenger vessels, Reporting and recordkeeping requirements, 
Security measures, Terrorism.

46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 68

    Oil pollution, Vessels.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 1, 3, 5, 45, 51, 52, 53, 66, 109, 114 and 120, and 46 CFR 
parts 1 and 68, as follows:

33 CFR Chapter I

PART 1--GENERAL PROVISIONS

    1. The authority citation for part 1, subpart 1.05, is revised to 
read as follows:

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; and 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Pub. L. 107-296, 
116 Stat. 2135; 49 CFR 1.4(b), 1.45(b), and 1.46.


Sec.  1.01-70  [Amended]

    2. In Sec.  1.01-70(e), remove ``49 CFR 1.46 (ff) and (gg),''.


Sec.  1.05-1  [Amended]

    3. In Sec.  1.05-1--
    a. In paragraph (a), remove the word ``Transportation'' and add, in 
its place, the words ``Homeland Security'';
    b. In paragraph (b), remove the word ``Transportation'' and add, in 
its place, the words ``Homeland Security''; and remove the last 
sentence.


Sec.  1.05-10  [Amended]

    4. In Sec.  1.05-10--
    a. In paragraph (a), remove the words ``and Department of 
Transportation Order 2100.5, Policies and Procedures for 
Simplification, Analysis, and Review of Regulations''.
    b. In paragraph (b), add the word ``significant'' immediately 
before the word ``regulatory'' wherever ``regulatory'' appears in the 
paragraph.


Sec.  1.05-25  [Amended]

    5. In Sec.  1.05-25(a), add the following sentences at the end of 
the paragraph: ``Public dockets for rulemakings originating at Coast 
Guard Headquarters are kept at a Docket Management Facility (DMS) 
maintained by the Department of Transportation, at the Nassif Building, 
room PL-401, 400 Seventh Street SW., Washington, DC 20590-0001. These 
dockets are available electronically through the DMS Web site at http://dms.dot.gov.''

PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND 
CAPTAIN OF THE PORT ZONES

    6. The authority citation for part 3 is revised to read as follows:

    Authority: 14 U.S.C. 633, Pub. L. 107-296, 116 Stat. 2135; 49 
CFR 1.45, 1.46.


Sec.  3.01-1  [Amended]

    7. In Sec.  3.01-1(a), remove the words ``under the authority 
delegated by 1.45 and 1.46''.


Sec.  3.01-5  [Amended]

    8. In Sec.  3.01-5, remove the words ``Sections 1.45 and 1.46 of 
Title 49, Code of Federal Regulations, authorize'' and 
``Transportation'', and add, in their places, respectively, the words 
``Section 888 of Pub. L. 107-296, 116 Stat. 2135, authorizes'' and 
``Homeland Security''.

PART 5--COAST GUARD AUXILIARY

    9. The authority citation for part 5 is revised to read as follows:

    Authority: 14 U.S.C. 633, 892; Pub. L. 107-296, 116 Stat. 2135; 
49 CFR 1.46.


Sec.  5.01  [Amended]

    10. In Sec.  5.01(j), remove the word ``Transportation'' wherever 
it appears in the paragraph, and add, in its place, the words 
``Homeland Security''.

PART 45--ENLISTMENT OF PERSONNEL

    11. The authority citation for part 45 is revised to read as 
follows:

    Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135; 
49 CFR 1.46(b).

[[Page 9535]]

Sec.  45.1  [Amended]

    12. In Sec.  45.1(a), remove the word ``Transportation'', and add, 
in its place, the words ``Homeland Security''.

PART 51--COAST GUARD DISCHARGE REVIEW BOARD

    13. The authority citation for part 51 is revised to read as 
follows:

    Authority: 10 U.S.C. 1553; Pub. L. 107-296, 116 Stat. 2135.


Sec.  51.2  [Amended]

    14. In Sec.  51.2(a), remove the word ``Transportation'', and add, 
in its place, the words ``Homeland Security''.

PART 52--BOARD FOR CORRECTION OF MILITARY RECORDS OF THE COAST 
GUARD

    15. The authority citation for part 52 is revised to read as 
follows:

    Authority: 10 U.S.C. 1552; 49 U.S.C. 108; Pub. L. 101-225, 103 
Stat. 1908, 1914; Pub. L. 107-296, 116 Stat. 2135.


Sec. Sec.  52.1, 52.2, 52.11, and 52.81  [Amended]

    16. In part 52, remove the word ``Transportation'', and add, in its 
place, the words ``Homeland Security'' in the following places:
    a. Section 52.1;
    b. Section 52.2(a);
    c. Section 52.11(a) and (b);
    d. Section 52.81.

PART 53--COAST GUARD WHISTLEBLOWER PROTECTION

    17. The authority citation for part 53 is revised to read as 
follows:

    Authority: 10 U.S.C. 1034; Pub. L. 100-456, 102 Stat. 1918; Pub. 
L. 101-225, 103 Stat. 1908; Pub. L. 107-296, 116 Stat. 2135.


Sec.  53.3, 53.5, 53.7, and 53.9  [Amended]

    18. In part 53, remove the word ``Transportation'', and add, in its 
place, the words ``Homeland Security'' in the following places:
    a. Section 53.3;
    b. Section 53.5 (Board for Correction of Military Records of the 
Coast Guard), (Inspector General) and (Secretary).
    c. Section 53.7(a); and
    d. Section 53.9(a) introductory text, and (a)(4).

PART 66--PRIVATE AIDS TO NAVIGATION

    19. The authority citation for part 66 is revised to read as 
follows:

    Authority: 14 U.S.C. 83, 85, 43 U.S.C. 1333; Pub. L. 107-296, 
116 Stat. 2135; 49 CFR 1.46.


Sec.  66.01-3  [Amended]

    20. In Sec.  66.01-3(a), remove the words ``Pursuant to the 
authority in 49 CFR 1.45(b)'' and add, in their place, the words 
``Under Section 888 of Pub. L. 107-296, 116 Stat. 2135''.

PART 109--GENERAL

    21. The authority citation for part 109 is revised to read as 
follows:

    Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 
Stat. 98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. 
6(g)(1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. 
1655(g)(1); Pub. L. 107-296, 116 Stat. 2135; Department of 
Transportation Order 11001, March 31, 1967, 49 CFR 1.4(a)(3).


Sec.  109.07  [Amended]

    22. In Sec.  109.07, remove the citation ``49 CFR 1.46(n)(4)'', and 
add, in its place, the citation ``Pub. L. 107-296, 116 Stat. 2135,''.

PART 114--GENERAL

    23. The authority citation for part 114 is revised to read as 
follows:

    Authority: 33 U.S.C. 401, 491, 499, 521, 525, and 535; 14 U.S.C. 
633; 49 U.S.C. 1655(g); Pub. L. 107-296, 116 Stat. 2135; 49 CFR 
1.46(c).


Sec.  114.05  [Amended]

    24. In Sec.  114.05(e), (g), and (i), remove the word 
``Transportation'', and add, in its place, the words ``Homeland 
Security''.

PART 120--SECURITY OF PASSENGER VESSELS

    25. The authority citation for part 120 is revised to read as 
follows:

    Authority: 33 U.S.C. 1231; Pub. L. 107-296, 116 Stat. 2135; 49 
CFR 1.46.


Sec.  120.220  [Amended]

    26. In Sec.  120.220(a), remove the word ``Transportation'', and 
add, in its place, the words ``Homeland Security''.

46 CFR Chapter I

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

    27. The authority citation for part 1 is revised to read as 
follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; 49 CFR 1.45, 
1.46; Sec.  1.01-35 also issued under the authority of 44 U.S.C. 
3507.


Sec.  1.01-10  [Amended]

    28. In Sec.  1.01-10, --
    a. In paragraph(b)(1), remove the words ``Marine Safety and 
Environmental'' wherever they appear, and add, in their place, the 
words ``Marine Safety, Security, and Environmental'', and
    b. In paragraph (b)(2), remove the word ``Transportation'', and 
add, in its place, the words ``Homeland Security''.

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

    29. The authority citation for part 68 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103; Pub. L. 107-296, 116 Stat. 2135; 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).

Subparts 68.01 and 68.05--[Amended]

    30. In part 68, remove the word ``Transportation'', and add, in its 
place, the words ``Homeland Security'' in the following places:
    a. Subpart 68.01 in Appendix A and Appendix B; and
    b. Subpart 68.05 in Appendix A and Appendix B.

    Dated: February 25, 2003.
Robert F. Duncan,
Rear Admiral, U.S. Coast Guard, Chief Counsel.
[FR Doc. 03-4763 Filed 2-27-03; 8:45 am]
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