[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Rules and Regulations]
[Pages 75731-75734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24319]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Chapter I and

46 CFR Chapter I

[USCG-2005-23172]
RIN 1625-ZA06


Marine Safety Center Address Change

AGENCY: Coast Guard, DHS.

ACTION: Technical amendment.

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SUMMARY: This technical amendment makes non-substantive changes 
throughout chapters I of title 33 and title 46 of the Code of Federal 
Regulations. The purpose of this amendment is to change the address of 
the United States Coast Guard Marine Safety Center as it appears in 
Coast Guard regulations. This rule will have no substantive effect on 
the regulated public.

DATES: These changes are effective December 21, 2005. We will accept 
comments on this technical amendment through February 21, 2006.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2005-23172 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

[[Page 75732]]

The telephone number is 202-366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
amendment, call Commander Hung Nguyen, Executive Officer, United States 
Coast Guard Marine Safety Center, telephone 202-475-3400. If you have 
questions on viewing the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2005-23172), indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. You may 
submit your comments and material by electronic means, mail, fax, or 
delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this rule in 
view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time, click on ``Simple Search,'' enter 
the last five digits of the docket number for this rulemaking, and 
click on ``Search.'' You may also visit the Docket Management Facility 
in room PL-401 on the Plaza level of the Nassif Building, 400 Seventh, 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
amendment. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that this 
technical amendment is exempt from notice and comment rulemaking 
requirements because the amendment only makes non-substantive address 
changes. 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 good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The MSC left its previous location 
on December 9, 2005, and correspondence should be directed to the new 
address.

Background and Purpose

    The office of the United States Coast Guard Marine Safety Center 
will change locations resulting in the need for an address change in 
the Code of Federal Regulations. This rule also changes the abbreviated 
designation of the Marine Safety Center from ``G-MSC'' to ``MSC'' 
throughout chapters I of title 33 and title 46.

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). Because this amendment makes only address changes, we 
expect the economic impact to be so minimal that a full Regulatory 
Evaluation under the regulatory policies and procedures of DHS is 
unnecessary.

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.
    It is not expected that this amendment will have a significant 
economic impact on any small entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this technical amendment will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This amendment 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 amendment 
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 amendment will not result in such an expenditure, 
we do discuss the effects of this amendment elsewhere in this preamble.

Taking of Private Property

    This amendment 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 amendment 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 amendment under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This amendment 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 amendment 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

[[Page 75733]]

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 amendment 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 amendment 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), of the Instruction from further 
environmental documentation. Paragraph (34)(a) excludes regulatory 
actions that are editorial or procedural, such as those updating 
addresses. Under figure 2-1, paragraph (34)(a), of the Instruction, an 
Environmental Analysis Check List and a Categorical Exclusion 
Determination are not required for this technical amendment.

List of Subjects

33 CFR Part 104

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

33 CFR Part 120

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

33 CFR Part 157

    Cargo vessels, Oil pollution, Reporting and recordkeeping 
requirements.

33 CFR Part 159

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

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 39

    Cargo vessels, Fire prevention, Hazardous materials transportation, 
Marine safety, Occupational safety and health, Reporting and 
recordkeeping requirements.

46 CFR Part 44

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 50

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 63

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 69

    Measurement standards, Penalties, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 108

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

46 CFR Part 110

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 116

    Fire prevention, Marine safety, Passenger vessels, Seamen.

46 CFR Part 127

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

46 CFR Part 133

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 153

    Administrative practice and procedure, Cargo vessels, Hazardous 
materials transportation, Marine safety, Reporting and recordkeeping 
requirements, Water pollution control.

46 CFR Part 154

    Cargo vessels, Gases, Hazardous materials transportation, Marine 
safety, Reporting and recordkeeping requirements.

46 CFR Part 161

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 162

    Fire prevention, Marine safety, Oil pollution, Reporting and 
recordkeeping requirements.

46 CFR Part 170

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 177

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 189

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

46 CFR Part 199

    Cargo vessels, Marine safety, Oil and gas exploration, Passenger 
vessels, Reporting and recordkeeping requirements.

0
For the reasons discussed in the preamble, and under the authority of 
14 U.S.C. 633; 5 U.S.C. 552(a); 33 CFR

[[Page 75734]]

1.05-1(a)-(d); and, Department of Homeland Security Delegation No. 
0170.1, the Coast Guard amends titles 33 and 46 of the Code of Federal 
Regulations as set forth below:
0
1. Wherever it appears in chapters I of titles 33 and/or 46, the phrase 
``Commanding Officer, Marine Safety Center (MSC) 400 Seventh Street, 
SW., Room 6302, Nassif Building, Washington, DC 20590-0001'' is revised 
to read ``Commanding Officer (MSC), USCG Marine Safety Center, 1900 
Half Street, SW., Suite 1000, Room 525, Washington, DC 20024 for 
visitors and private courier service delivery. Send all regular mail to 
Commanding Officer (MSC), USCG Marine Safety Center, 2100 2nd Street, 
SW., Washington, DC 20593.''
0
2. Wherever it appears in chapters I of titles 33 and/or 46, the phrase 
``U.S. Coast Guard Marine Safety Center (G-MSC)'' is revised to read 
``U.S. Coast Guard Marine Safety Center (MSC)''.

    Dated: December 15, 2005.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 05-24319 Filed 12-20-05; 8:45 am]
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