[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Rules and Regulations]
[Pages 33969-33970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13888]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

46 CFR Part 162

[Docket No. USCG-2001-10486]
RIN 1625-AA32


Standards for Living Organisms in Ships' Ballast Water Discharged 
in U.S. Waters

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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SUMMARY: The Coast Guard is correcting a final rule that appeared in 
the Federal Register of March 23, 2012 (77 FR 17254), entitled 
``Standards for Living Organisms in Ships' Ballast Water Discharged in 
U.S. Waters.'' Six technical errors were inadvertently published in the 
final rule that require correction, two in the preamble and four in the 
regulatory text. The corrections are necessary for readability and 
accuracy.

[[Page 33970]]


DATES: This correction is effective on June 21, 2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call or email Mr. John Morris, Project Manager, U.S. Coast Guard; 
telephone 202-372-1402, email [email protected]. If you 
have questions on viewing material on the docket, call Ms. Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Coast Guard is correcting a final rule 
that appeared in the Federal Register of March 23, 2012 (77 FR 17254), 
entitled ``Standards for Living Organisms in Ships' Ballast Water 
Discharged in U.S. Waters.'' Six technical errors were inadvertently 
published in the final rule that require correction, two in the 
preamble and four in the regulatory text. The corrections are necessary 
for readability and accuracy.
    The first preamble correction is to the Discussion of Comments and 
Changes/Summary of Changes from the NPRM/Applicability section (section 
V.A.3), where we revise our response to comments about non-seagoing 
vessel applicability by removing the words ``U.S. Exclusive Economic 
Zone (EEZ)'' and replacing them with ``U.S. Exclusive Economic Zone and 
Canadian equivalent (EEZ; see 16 U.S.C. 4702)''. This correction is 
needed to align the preamble text with the existing definition of EEZ 
in 33 CFR 151.1504. The omission of the reference to the Canadian 
equivalent was a technical error, as the Coast Guard did not intend to 
change the applicable definition of EEZ in the discussion of the final 
rule. Additionally, the word ``U.S.'' is deleted from the abbreviation 
of EEZ in I. Abbreviations.
    The second correction is to the Environment section (section VII.M) 
of the preamble, which incorrectly states that a separate Record of 
Decision is available in the docket where indicated under ADDRESSES. By 
reason of this being a rulemaking action under the Administrative 
Procedure Act, the final rule constitutes the Record of Decision and it 
was published on March 23, 2012, consistent with 40 CFR 1506.10(b).
    The additional corrections are to the regulatory text. The first 
regulatory text corrections are to 33 CFR 151.1510(a)(1) and 
151.1515(a). In those paragraphs, we delete the text ``U.S.'' prefacing 
the words ``Exclusive Economic Zone (EEZ)''. These corrections are 
needed to align with the definition of EEZ applicable to this part, 33 
CFR 151.1504. Two regulatory text corrections are grammatical 
corrections required to clarify 33 CFR 151.2005(b), ``Definitions'' and 
46 CFR 162.060-22(a), ``Marking requirements''. The final correction, 
to 46 CFR 162.060-42(a)(3), ``Responsibilities for independent 
laboratories (ILs)'', corrects a mistake which had directed independent 
laboratories to provide the estimated date for commencement of type-
approval testing to the ``Commandant (CG-52), Commercial Regulations 
and Standards Directorate''. Notification should be provided to U.S. 
Coast Guard Marine Safety Center.
    In FR doc 2012-6579 appearing on page 17254 in the issue of Friday, 
March 23, 2012, the following corrections are made:
    1. On page 17254, in the third column, Abbreviations section, 
remove the word ``U.S.'' from the abbreviation for ``EEZ''.
    2. On page 17257, in the second column, in the last paragraph, 
remove the words ``U.S. Exclusive Economic Zone (EEZ)'' and add, in 
their place, the words ``U.S. Exclusive Economic Zone and Canadian 
equivalent (EEZ; see 16 U.S.C. 4702)''.
    3. On page 17304, in the first column, correct the paragraph 
following ``M. Environment'' to read as follows: ``We have analyzed 
this rule under Department of Homeland Security Management Directive 
023-01 and Commandant Instruction M16475.lD, which guide the Coast 
Guard in complying with NEPA (42 U.S.C. 4321-4370f), and have concluded 
that this action may have a significant effect on the human 
environment. A Final Programmatic Environmental Impact Statement is 
available in the docket where indicated under ADDRESSES, and includes a 
summary of our actions to comply with NEPA''.


Sec.  151.1510  [Corrected]

0
4. On page 17304, in the third column, in the first sentence under 
Sec.  151.1510(a)(1), after the words ``waters beyond the'' remove the 
text ``U.S.''.


Sec.  151.1515  [Corrected]

0
5. On page 17306, in the first column, in the first sentence under 
Sec.  151.1515(a), after the words ``before entering the'' remove the 
text ``U.S.''.


0
6. On page 17307, in the first column, in the second paragraph, under 
Sec.  151.2005(b), revise paragraph (2) of the definition of 
``Exchange'' to read as follows:


Sec.  151.2005  Definitions.

* * * * *
    (b) * * *
    Exchange * * *
    (2) Empty/refill exchange means to pump out the ballast water taken 
on in ports, estuarine, or territorial waters until the pump(s) lose 
suction, then refilling the ballast tank(s) with mid-ocean water.
* * * * *


Sec.  162.060-22  [Corrected]

0
7. On page 17315, in the third column, in the third paragraph, under 
Sec.  162.060-22(a), remove the word ``for'' and add, in its place, the 
word ``under''.


0
8. On page 17320, in the second column, in the sixth paragraph, under 
Sec.  162.060-42, revise paragraph (a)(3) to read as follows:


Sec.  162.060-42  Responsibilities for Independent Laboratories (ILs).

    (a) * * *
    (3) Upon determination that the BWMS is ready for testing, the 
independent laboratory will notify the Commanding Officer, U.S. Coast 
Guard Marine Safety Center, 2100 2nd St. SW., Stop 7102, Washington, DC 
20593-7102, and provide the estimated date for commencement of type-
approval testing.
* * * * *

    Dated: June 4, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2012-13888 Filed 6-7-12; 8:45 am]
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