[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Rules and Regulations]
[Pages 39206-39211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10890]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 
151, 153, 154, 155, 156, 157, 160, 164, and 165

[USCG-2006-25150]
RIN 1625-ZA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

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 July 12, 2006.

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-2006-25150 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 202-372-1461. If you have 
questions on viewing the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

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 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 July 12, 2006, 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.

[[Page 39207]]

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 1

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

33 CFR Part 64

    Navigation (water), Reporting and recordkeeping requirements.

33 CFR Part 72

    Government publications, Navigation (water).

33 CFR Part 81

    Navigation (water), Reporting and recordkeeping requirements, 
Treaties.

33 CFR Part 89

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

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 101

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

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 135

    Administrative practice and procedure, Continental shelf, 
Insurance, Oil pollution, Reporting and recordkeeping requirements.

33 CFR Part 146

    Continental shelf, Marine safety, Occupational safety and health, 
Reporting and recordkeeping requirements, Vessels.

33 CFR Part 148

    Administrative practice and procedure, Environmental protection, 
Harbors, Petroleum.

33 CFR Part 151

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

[[Page 39208]]

33 CFR Part 153

    Hazardous substances, Oil pollution, 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 156

    Hazardous substances, Oil pollution, Reporting and recordkeeping 
requirements, Water pollution control.

33 CFR Part 157

    Cargo vessels, Oil pollution, Reporting and recordkeeping 
requirements.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials 
transportation, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Vessels, Waterways.

33 CFR Part 164

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 151, 
153, 154, 155, 156, 157, 160, 164, and 165.

Title 33--Navigation and Navigable Waters

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, 
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46; 
section 1.01-70 also issued under the authority of E.O. 12580, 3 
CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also 
issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.


Sec.  1.08-5  [Amended]

0
2. In paragraph (d), remove the reference ``1.07-9'' and add, in its 
place, ``1.07-10''.

PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER 
OBSTRUCTIONS

0
3. The authority citation for part 64 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 
43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.


Sec.  64.11  [Amended]

0
4. At the end of the section, remove the Note.

PART 72--MARINE INFORMATION

0
5. The authority citation for part 72 continues to read as follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  72.01-25  [Amended]

0
6. In Sec.  72.01-25, paragraph (b), remove ``202-521-2250'' and add, 
in its place, ``202-512-2104''.


Sec.  72.05-5  [Amended]

0
7. In Sec.  72.05-5, remove ``202-521-2250'' and add, in its place, 
``202-512-2104''.

PART 81--72 COLREGS: IMPLEMENTING RULES

0
8. The authority citation for part 81 continues to read as follows:

    Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.


0
9. Revise the last sentence of Sec.  81.3 to read as follows:


Sec.  81.3  General.

    * * * The information collection and recordkeeping requirements in 
Sec. Sec.  81.5 and 81.18 have been approved by the Office of 
Management and Budget under OMB control No. 1625-0019.

0
10. Revise the parenthetical at the end of Sec.  81.5 to read as 
follows:


Sec.  81.5  Application for a Certificate of Alternative Compliance.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0019)

0
11. Revise the parenthetical at the end of Sec.  81.18 to read as 
follows:


Sec.  81.18  Notice and record of certification of vessels of special 
construction or purpose.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0019)

PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES

0
12. The authority citation for part 89 continues to read as follows:

    Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).


0
13. Revise the last sentence of Sec.  89.3 to read as follows:


Sec.  89.3  General.

    * * * The information collection and recordkeeping requirements in 
Sec. Sec.  89.5 and 89.18 have been approved by the Office of 
Management and Budget under OMB control No. 1625-0019.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
14. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.


Sec.  100.519  [Amended]

0
15. In Sec.  100.519 paragraph (a)(2), remove the word ``Group'' and 
add in its place, ``SFO''.


Sec.  100.531  [Amended]

0
16. In Sec.  100.531, in paragraph (a), in the definition of ``Coast 
Guard Patrol Commander'', remove the word ``Group'' and add in its 
place, ``SFO''.

0
17. In Sec.  100.531, in paragraph (a), in the definition of ``Official 
Patrol'', remove the word ``Group'' and add in its place, ``SFO''.

PART 101--MARITIME SECURITY: GENERAL

0
18. 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
19. In Sec.  101.305, in paragraph (a), remove ``202-267-2675, fax: 
202-267-1322'' and add, in its place, ``202-372-2428; Fax: 202-372-
2920''.

PART 104--MARITIME SECURITY: VESSELS

0
20. The authority citation for part 104 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department 
of Homeland Security Delegation No. 0170.1.


Sec.  104.115  Compliance.

0
21. In Sec.  104.115--

[[Page 39209]]

0
a. Revise the section heading to read as set forth above;
0
b. In paragraph (a), remove ``On July 1, 2004, and thereafter, 
vessel'', and add, in its place, ``Vessel''.
0
c. Remove paragraph (b), and redesignate paragraph (c) as paragraph 
(b).
0
d. In newly designated paragraph (b), introductory text, remove ``On 
July 1, 2004, and thereafter, owners'' and add, in its place, 
``Owners''.


Sec.  104.205  [Amended]

0
22. In Sec.  104.205, in paragraph (b)(1), remove ``202-267-2675, fax: 
202-267-1322'' and add, in its place, ``202-372-2428; Fax: 202-372-
2920''.

PART 120--SECURITY OF PASSENGER VESSELS

0
23. The authority citation for part 120 continues to read as follows:

    Authority: 33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.


Sec.  120.220  [Amended]

0
24. In Sec.  120.220, in paragraph (a) remove ``202-267-2675'' and add, 
in its place, ``202-372-2428; Fax: 202-372-2920''.

PART 135--OFFSHORE OIL POLLUTION COMPENSATION FUND

0
25. The authority citation for part 135 continues to read as follows:

    Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 49 CFR 
1.46.


Sec.  135.305  [Amended]

0
26. In Sec.  135.305(b), remove the words ``Subpart C'' and add in 
their place ``Subpart B''.

PART 146--OPERATIONS

0
27. The authority citation for part 146 continues to read as follows:

    Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46.

0
28. Revise the parenthetical at the end of Sec.  146.30 to read as 
follows:


Sec.  146.30  Notice of casualties.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0001)


0
29. Revise the parenthetical at the end of Sec.  146.35 to read as 
follows:


Sec.  146.35  Written report of casualty.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0001)


0
30. Revise the parenthetical at the end of Sec.  146.125 to read as 
follows:


Sec.  146.125  Emergency drills.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0018)


0
31. Revise the parenthetical at the end of Sec.  146.303 to read as 
follows:


Sec.  146.303  Notice and written report of casualties.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0001)

PART 148--DEEPWATER PORTS: GENERAL

0
32. The authority citation for part 148 continues to read as follows:

    Authority: 33 U.S.C. 1504; Department of Homeland Security 
Delegation No. 0170.1 (75).


Sec.  148.5  [Amended]

0
33. In Sec.  148.5, in paragraph (3), of the definition for 
Administrator of the Maritime Administration, remove ``202-366-4721'' 
and add, in its place, ``800-996-2723''.

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

0
34. The authority citation for part 151 continues to read as follows:

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


Sec.  151.09  [Amended]

0
35. In 151.09, in paragraph (a)(4), remove the reference ``Sec.  2.05-
10'' and add, in its place, ``Sec.  2.22(a)(2)''.


Sec.  151.15  [Amended]

0
36. In Sec.  151.15, in paragraph (d)(2), remove ``202-267-2675), fax 
number 202-479-7165'' and add, in its place, ``202-372-2428), fax 
number 202-372-2920''.

0
37. Revise the parenthetical at the end of Sec.  151.19 to read as 
follows:


Sec.  151.19  International Oil Pollution Prevention (IOPP) 
Certificates.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0041)


0
38. Revise the parenthetical at the end of Sec.  151.21 to read as 
follows:


Sec.  151.21  Ships of countries not party to MARPOL 73/78.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0019)


0
39. Revise the parenthetical at the end of Sec.  151.25 to read as 
follows:


Sec.  151.25  Oil Record Book.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0009)


0
40. Revise the parenthetical at the end of Sec.  151.57 to read as 
follows:


Sec.  151.57  Waste management plans.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0072)

PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, 
DISCHARGE REMOVAL

0
41. The authority citation for part 153 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C. 
9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O. 
12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  153.203  [Amended]

0
42. In Sec.  153.203, remove ``202-267-2675'' and add, in its place, 
``202-372-2428; fax number 202-372-2920''.

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

0
43. 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
44. Revise the parenthetical at the end of Sec.  154.310 to read as 
follows:


Sec.  154.310  Operations manual: Contents.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0093)


0
45. Revise the parenthetical at the end of Sec.  154.740 to read as 
follows:


Sec.  154.740  Records.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0060)


0
46. Revise the parenthetical at the end of Sec.  154.804 to read as 
follows:


Sec.  154.804  Review, certification, and initial inspection.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0060)

[[Page 39210]]


0
47. Revise the parenthetical at the end of Sec.  154.806 to read as 
follows:


Sec.  154.806  Application for acceptance as a certifying entity.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0060)

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

0
48. 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 
Public Law 101-380.


0
49. Revise the parenthetical at the end of Sec.  155.370 to read as 
follows:


Sec.  155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of 10,000 gross tons and above and 
oceangoing ships of 400 gross tons and above that carry ballast water 
in their fuel oil tanks.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0009)


0
50. Revise the parenthetical at the end of Sec.  155.440 to read as 
follows:


Sec.  155.440  Segregation of fuel oil and ballast water on new 
oceangoing ships of 4,000 gross tons and above, other than oil tankers, 
and on new oceangoing oil tankers of 150 gross tons and above.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0009)


0
51. Revise the parenthetical at the end of Sec.  155.750 to read as 
follows:


Sec.  155.750  Contents of transfer procedures.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0030)


0
52. In Subpart D, revise the subpart heading to read ``Tank Vessel 
Response Plans for Oil''.

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

0
53. The authority citation for part 156 continues to read as follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O. 
11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee) 
are also issued under 46 U.S.C. 3703.


0
54. Revise the parenthetical at the end of Sec.  156.20 to read as 
follows:


Sec.  156.120  Requirements for transfer.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0039)

0
55. Revise the parenthetical at the end of Sec.  156.170 to read as 
follows:


Sec.  156.170  Equipment tests and inspections.

* * * * *

(Approved by the Office of Management and Budget under control 
number 1625-0095)

PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT 
RELATING TO TANK VESSELS CARRYING OIL IN BULK

0
56. The authority citation for part 157 continues to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 
1.46. Subparts G, H, and I are also issued under section 4115(b), 
Public Law 101-380, 104 Stat. 520; Public Law 104-55, 109 Stat. 546.


0
57. Revise the parenthetical at the end of Sec.  157.04 to read as 
follows:


Sec.  157.04  Authorization of classification societies.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
58. Revise the parenthetical at the end of Sec.  157.24a to read as 
follows:


Sec.  157.24a  Submission of calculations, plans, and specifications 
for existing vessels installing segregated ballast tanks.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
59. Revise the parenthetical at the end of Sec.  157.37 to read as 
follows:


Sec.  157.37  Discharge of oily mixtures from oil cargoes.

* * * * *

(The information collection requirement contained in paragraph (d) 
of this section was approved by the Office of Management and Budget 
under control number 1625-0041)


0
60. Revise the parenthetical at the end of Sec.  157.100 to read as 
follows:


Sec.  157.100  Plans for U.S. tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
61. Revise the parenthetical at the end of Sec.  157.102 to read as 
follows:


Sec.  157.102  Plans for foreign tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

0
62. Revise the parenthetical at the end of Sec.  157.108 to read as 
follows:


Sec.  157.108  Crude Oil Washing Operations and Equipment Manual for 
U.S. tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
63. Revise the parenthetical at the end of Sec.  157.110 to read as 
follows:


Sec.  157.110  Crude Oil Washing Operations and Equipment Manual for 
foreign tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
64. Revise the parenthetical at the end of Sec.  157.116 to read as 
follows:


Sec.  157.116  Required documents: U.S. tank vessels.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

0
65. Revise the parenthetical at the end of Sec.  157.118 to read as 
follows:


Sec.  157.118  Required documents: Foreign tank vessels.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
66. Revise the parenthetical at the end of Sec.  157.200 to read as 
follows:


Sec.  157.200  Plans for U.S. tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036>


0
67. Revise the parenthetical at the end of Sec.  157.206 to read as 
follows:


Sec.  157.206  Dedicated Clean Ballast Tanks Operations Manual for U.S. 
tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
68. Revise the parenthetical at the end of Sec.  157.208 to read as 
follows:

[[Page 39211]]

Sec.  157.208  Dedicated Clean Ballast Tanks Operations Manual for 
foreign tank vessels: Submission.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
69. Revise the parenthetical at the end of Sec.  157.214 to read as 
follows:


Sec.  157.214  Required documents: U.S. tank vessels.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)


0
70. Revise the parenthetical at the end of Sec.  157.216 to read as 
follows:


Sec.  157.216  Required documents: Foreign tank vessels.

* * * * *

(Reporting and Recordkeeping requirements approved by the Office of 
Management and Budget under control number 1625-0036)

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
71. The authority citation for part 160 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; 
Department of Homeland Security Delegation No. 0170.1. Subpart C is 
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 
3715.

0
72. In Sec.  160.7--
0
a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e);
0
b. Amend paragraph (b) by removing the reference ``paragraph (d) of 
this section'', and adding a reference ``paragraph (e) of this 
section'' in its place;
0
c. Add a new paragraph (c); and
0
d. Revise newly designated paragraph (d); as follows:


Sec.  160.7  Appeals.

* * * * *
    (c) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by, or on behalf of, a District 
Commander may appeal to the Area Commander through the District 
Commander. The appeal must be in writing, except as allowed under 
paragraph (e) of this section, and shall contain complete supporting 
documentation and evidence which the appellant wishes to have 
considered. Upon receipt of the appeal, the Area Commander may direct a 
representative to gather and submit documentation or other evidence 
which would be necessary or helpful to a resolution of the appeal. A 
copy of this documentation and evidence is made available to the 
appellant. The appellant is afforded five working days from the date of 
receipt to submit rebuttal materials. Following submission of all 
materials, the Area Commander issues a ruling, in writing, on the 
appeal. Prior to issuing the ruling, the Area Commander may, as a 
matter of discretion, allow oral presentation on the issues.
    (d) Any person directly affected by the establishment of a safety 
zone or by an order or direction issued by an Area Commander, or who 
receives an unfavorable ruling on an appeal taken under paragraph (b) 
of this section, may appeal through the Area Commander to the Assistant 
Commandant for Marine Safety, Security and Environmental Protection, 
U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing, 
except as allowed under paragraph (e) of this section. The Area 
Commander forwards the appeal, all the documents and evidence which 
formed the record upon which the order or direction was issued or the 
ruling under paragraph (b) of this section was made, and any comments 
which might be relevant, to the Assistant Commandant for Marine Safety, 
Security and Environmental Protection. A copy of this documentation and 
evidence is made available to the appellant. The appellant is afforded 
five working days from the date of receipt to submit rebuttal materials 
to the Assistant Commandant for Marine Safety, Security and 
Environmental Protection. The decision of the Assistant Commandant for 
Marine Safety, Security and Environmental Protection is based upon the 
materials submitted, without oral argument or presentation. The 
decision of the Assistant Commandant for Marine Safety, Security and 
Environmental Protection is issued in writing and constitutes final 
agency action.
* * * * *

PART 164--NAVIGATION SAFETY REGULATIONS

0
73. The authority citation for part 164 continues to read as follows:

    Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
Department of Homeland Security Delegation No. 0170.1 (75). Sec. 
164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued 
under 46 U.S.C. 6101.


Sec.  164.15  [Amended]

0
74. In Sec.  164.15, paragraph(a)(1), remove the word ``hip'' and add, 
in its place ``ship''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
75. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
76. In Sec.  165.5, remove the parenthetical after paragraph (b)(6) and 
add a new parenthetical at the end of the section to read as follows:


Sec.  165.5  Establishment procedures.

* * * * *

(Requests for safety zones, security zones, and regulated navigation 
areas are approved by the Office of Management and Budget under 
control number 1625-0020)


0
77. Revise Sec.  165.501 (d)(9)(iv) as set out below:


Sec.  165.501  Chesapeake Bay entrance and Hampton Roads, VA and 
adjacent waters--Regulated Navigation Area.

* * * * *
    (d) * * *
    (9) * * *
    (iv) The designated representative of the Captain of the Port is 
the Sector Command Center (SCC)--Joint Harbor Operations Center (JHOC) 
which shall be contacted on VHF-FM channel 12, or by calling (757) 668-
5555.
* * * * *

    Dated: July 6, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. E6-10890 Filed 7-11-06; 8:45 am]
BILLING CODE 4910-15-P