[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Rules and Regulations]
[Page 17409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6099]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 160

[USCG-2006-25150; Correction]
RIN 1625-ZA08


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correcting amendments.

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SUMMARY: This document contains a correction to the section addressing 
appeals for orders issued pursuant to the Coast Guard's regulations 
implementing the Ports and Waterways Safety Act (USCG-2006-25150) 
published on July 12, 2006, in the Federal Register (71 FR 39206).

DATES: This correction is effective April 9, 2007.

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 Commander Michael Cunningham, Coast Guard, telephone 202-372-1129. 
If you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: Each year Title 33 of the Code of Federal 
Regulations is updated on July 1. On July 12, 2006, the Coast Guard 
published a final rule (USCG-2006-25150) to make technical, 
organizational, conforming amendments and other editorial corrections 
throughout Title 33. (71 FR 39206) Due to a drafting error in the July 
12th final rule the appeals process in Sec.  160.7 is now deficient. 
The July 12th final rule ascribes authorities not within the realm of 
the Area Commander and does not clearly allow for an appeal of Area 
Commander decisions to Coast Guard Headquarters. This correction 
document makes corrections to the revisions in Sec.  160.7 found in the 
July 12th final rule.

List of Subjects in 33 CFR Part 160

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

0
Accordingly, 33 CFR part 160 is corrected by making the following 
correcting amendments:

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
1. 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
2. Amend Sec.  160.7 to revise paragraphs (c) and (d) to read 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, or who receives an unfavorable ruling on an appeal taken 
under paragraph (b) of this section 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 who receives an unfavorable ruling on an appeal 
taken under paragraph (c) of this section, may appeal through the Area 
Commander to the Assistant Commandant for Prevention (formerly known as 
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 (c) of this section was made, and any 
comments which might be relevant, to the Assistant Commandant for 
Prevention. 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 Prevention. The decision of the Assistant Commandant for 
Prevention is based upon the materials submitted, without oral argument 
or presentation. The decision of the Assistant Commandant for 
Prevention is issued in writing and constitutes final agency action.
* * * * *

    Dated: March 27, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
 [FR Doc. E7-6099 Filed 4-6-07; 8:45 am]
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