[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36347-36350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12441]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 88, 101, 117, 151, 154, 155, 159, and 161

USCG-2005-21531

RIN 1625-ZA04


Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: 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.

DATES: This final rule is effective June 23, 2005.

ADDRESSES: 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-2005-21531 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Ray Davis, Coast Guard, telephone 202-267-6826. If you have 
questions on viewing the docket, call Ms. Andrea M. Jenkins, Program 
Manager, Docket Operations, telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Regulatory History

    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

[[Page 36348]]

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.

Background and Purpose

    Each year Title 33 of the Code of Federal Regulations is updated on 
July 1. This rule, which becomes effective June 23, 2005, makes other 
technical and editorial corrections throughout title 33. This rule does 
not create any substantive requirements.

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 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.

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. 
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.

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 an expenditure of this 
magnitude, 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.

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. 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.

Technical Standards

    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.

Environment

    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.

List of Subjects

33 CFR Part 88

    Navigation (water), Waterways.

33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping 
requirements, Security measures, Vessels, Waterways.

33 CFR Part 117

    Bridges.

[[Page 36349]]

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 154

    Alaska, Fire prevention, Hazardous substances, Oil pollution, 
Reporting and recordkeeping requirements.

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and 
recordkeeping requirements.

33 CFR Part 159

    Alaska, Reporting and recordkeeping requirements, Sewage disposal, 
Vessels.

33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 88, 101, 117, 151, 154, 155, 159, and 161.

Title 33--Navigation and Navigable Waters

PART 88--ANNEX V: PILOT RULES

0
1. Revise the authority citation for part 88 to read as follows:

    Authority: 33 U.S.C. 2071.


0
2. Revise Sec.  88.05 to read as follows:


Sec.  88.05  Copy of rules.

    The operator of each self-propelled vessel 12 meters or more in 
length shall carry on board and maintain for ready reference a copy of 
the Inland Navigation Rules.

PART 101--MARITIME SECURITY: GENERAL

0
3. The authority citation for part 101 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No. 0170.1.


Sec.  101.305  [Amended]

0
4. In 101.305(a), remove the words ``fax: 202-267-2165'' and add, in 
their place, the words ``fax: 202-267-1322''.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
5. Revise the authority citation for part 117 to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat.5039.


Sec.  117.389  [Amended]

0
6. In Sec.  117.389, remove the words ``The draws of the Contrail 
bridges, miles 1.4 and 1.5'' and add, in their place, the words ``The 
draws of the Norfolk Southern railroad bridges, miles 1.32 and 1.36''.


Sec.  117.631  [Amended]

0
7. In Sec.  117.631--
0
a. In paragraph (a), remove the words ``(Grosse Ile Parkway)'' and add, 
in their place, the words ``(Bridge Road)''; and
0
b. In paragraph (b), remove the words ``(Bridge Road)'' and add, in 
their place, the words ``(Grosse Ile Parkway)''.


Sec.  117.997  [Amended]

0
8. In Sec.  117.997(g)(2)(i), remove the characters ``(f)(2)(ii)'' and 
add, in their place, the characters ``(g)(2)(ii)''.


Sec.  117.1093  [Amended]

0
9. In Sec.  117.1093--
0
a. In paragraph (c)(3)(i), remove the words ``The Chicago and 
Northwestern bridge, mile 0.3,'' and add, in their place, the words 
``The Union Pacific railroad bridge, mile 0.59,'';
0
b. In paragraph (d)(1), remove the value ``0.1'' and add, in its place, 
the value ``1.08'';
0
c. In paragraph (d)(3), remove the words ``The opening signal for the 
Chicago, Milwaukee, St. Paul and Pacific railroad bridge across the 
Menomonee River, mile 0.1,'' and add, in their place, the words ``The 
opening signal for the Canadian Pacific railroad bridge across the 
Menomonee River, mile 1.05,'';
0
d. In paragraph (e)(2), remove the words ``The draws of the Chicago, 
Milwaukee, St. Paul and Pacific railroad bridge, mile 1.5, and the 
Chicago and Northwestern Railway bridge, mile 1.52,'' and add, in their 
place, the words ``The draws of the Canadian Pacific railroad bridge, 
mile 1.67, and the Union Pacific railroad bridge, mile 1.71,''; and
0
e. In paragraph (e)(4), remove the words ``The opening signal for the 
Chicago and Northwestern bridge, mile 1.0,'' and add, in their place, 
the words ``The opening signal for the Union Pacific railroad bridge, 
mile 1.19,''.

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
10. Revise the authority citation for part 151 to read as follows:

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351.

PART 151--[AMENDED]

0
11. In Part 151, Subpart D, Appendix, in the last paragraph of the 
instructions titled ``Where to send this form.'', remove the value 
``(2115-0598)'' and add, in its place, the value ``(1625-0069)''.
    12. In Part 151, Subpart D, Appendix, in the last sentence of the 
appendix, remove the value ``(2115-0598)'' and add, in its place, the 
value ``(1625-0069)''.

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

0
13. The authority citation for part 154 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C),(j)(5), (j)(6), and 
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland 
Security Delegation No. 0170.1; Subpart F is also issued under 33 
U.S.C. 2735.

0
14. In Part 154, Appendix C, Table 5, in the ``Tier 1'' column, remove 
the value ``6.35K'' and add, in its place, the value ``6.25K''.

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

0
15. The authority citation for part 155 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975 
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through 
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and 
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections 
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46 
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of 
Pub. L. 101-380.


Sec.  155.1035  [Amended]

0
16. In Sec.  155.1035(c)(5)(i), remove the word ``marine'' and add, in 
its place, the word ``Marine''.

0
17. In Part 155 Appendix B, Table 6, in the ``Tier 2'' column, remove 
the value ``12.3K'' and add, in its place, the value ``12.5K''.

PART 159--MARINE SANITATION DEVICES

0
18. Revise the authority citation for part 159 to read as follows:

    Authority: 33 U.S.C. 1322(b)(1); 49 CFR 1.45(b). Subpart E also 
issued under authority of sec. 1(a)(4), Pub. L. 106-554, 114 Stat. 
2763; Department of Homeland Security Delegation No. 0170.1.

[[Page 36350]]

Sec.  159.309  [Amended]

0
19. In Sec.  159.309(b)(4), remove the words ``milligrams per liter 
(mg/l);'' and add, in their place, the words ``micrograms per liter 
([mu]g/l);''.

PART 161--VESSEL TRAFFIC MANAGEMENT

0
20. The authority citation for part 161 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


Sec.  161.5  [Amended]

0
21. In Sec.  161.5(b), in the first and third sentences of paragraph 
(b), remove the words ``Commanding Officer'' and add, in their places, 
the word ``Director''.

    Dated: June 17, 2005.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 05-12441 Filed 6-22-05; 8:45 am]
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