[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37305-37316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14848]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 2, 27, 40, 45, 66, 80, 83, 84, 85, 100, 101, 110,
114, 115, 116, 117, 118, 136, 138, 162, 165, and 177
[Docket No. USCG-2012-0306]
RIN 1625-AB86
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 waters regulations. This rule will have no
substantive effect on the regulated public. These changes are provided
to coincide with the annual recodification of title 33 on July 1, 2012.
DATES: This final rule is effective June 21, 2012.
ADDRESSES: Documents mentioned in this preamble as being available in
the
[[Page 37306]]
docket are part of docket USCG-2012-0306 and are available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2012-0306 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Leo Huott, Coast Guard; telephone 202-372-1027, email
[email protected]. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Background
IV. Basis and Purpose
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
DHS Department of Homeland Security
CFR Code of Federal Regulations
DOT Department of Transportation
FR Federal Register
TSA Transportation Security Administration
OFR Office of the Federal Register
U.S.C. United States Code
II. Regulatory History
We did not publish a notice of proposed rulemaking for this rule.
Under 5 U.S.C. 553(b)(A), the Coast Guard finds this rule is exempt
from notice and comment rulemaking requirements because these changes
involve rules of agency organization, procedure, or practice. In
addition, the Coast Guard finds notice and comment procedures are
unnecessary under 5 U.S.C. 553(b)(B) as this rule consists only of
corrections and editorial, organizational, and conforming amendments
and these changes will have no substantive effect on the public. 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 upon publication in
the Federal Register.
III. Background
Each year, the printed edition of title 33 of the Code of Federal
Regulations (CFR) is recodified on July 1. This rule, which is
effective June 21, 2012, makes technical and editorial corrections
throughout title 33. This rule does not create any substantive
requirements.
IV. Basis and Purpose
This rule amends 33 CFR part 1 to reflect changes in agency
organization by adding the authority for District Commanders to
establish inland waterways navigation regulations within their areas of
responsibility. In 1999, the Commandant delegated the authority to
promulgate regulations under 33 U.S.C. 162, Inland Waterways Navigation
Regulations, to District Commanders without further redelegation. This
amendment codifies this Commandant delegation.
Additionally, in 33 CFR part 1, the authority section in subpart
1.07 is updated to reflect current authorities. The following citations
are being removed since these are citations with authorities under the
Department of Transportation (DOT), which no longer apply to the Coast
Guard: Sec. 6079(d), Public Law 100-690, 102 Stat. 4181, and 49 CFR
1.46. The following citations are added to the authorities since these
citations are more relevant to the current civil penalty process: 14
U.S.C. 92(e), 33 U.S.C. 1321(b)(6)(B), 46 U.S.C. 2103, and Department
of Homeland Security Delegation No. 0170.1.
This rule amends Sec. 2.30(b) to reflect the correct citation to
article 55 of the 1982 United Nations Convention on the Law of the Sea.
We are removing the citation to article 56 because it speaks to the
rights, jurisdiction, and duties of the coastal state in the exclusive
economic zone, but does not reference the definition of exclusive
economic zones. Article 55 sets out the definition of an exclusive
economic zone, and is the article relevant to this section.
This rule revises 33 CFR part 27 to remove all references to 33
U.S.C. 1319. This statute does not govern the Coast Guard so we may not
authorize a civil monetary penalty under it. This section also informs
the public of the maximum civil monetary penalties authorized under 33
U.S.C. 3852 and 46 U.S.C. 70506.
This rule revises 33 CFR parts 40 and 45 to reflect changes in
agency organization by removing 49 CFR 1.46(b) from the authority
sections in these parts. Because the Coast Guard is no longer a
component of DOT, delegations from the Secretary of DOT no longer
apply. The regulation at 49 CFR 1.46(b) currently addresses delegations
to the Administrator of the Research and Innovative Technology
Administration, which is a DOT office.
This rule revises Sec. 66.01-1 by moving current paragraph (a) to
paragraph (a) of Sec. 66.10-1, which is the proper location. Due to a
clerical error, the current Sec. 66.01-1 paragraph (a) mistakenly
replaced the former paragraph (a) in that section. We are now
correcting that error and restoring the former paragraph (a) to Sec.
66.01-1 and moving current paragraph (a) in Sec. 66.01-1 to its
correct location as paragraph (a) of Sec. 66.10-1.
This rule amends Sec. 80.825 by removing paragraphs (d) and (e)
from this section. In 1990, the boundary lines of the Mississippi
Passes, Louisiana were redrawn. The coordinates now located in
paragraphs (d) and (e) are encompassed by the new boundary lines found
in paragraphs (a) through (c) so we are removing these superfluous
coordinates in paragraphs (d) and (e).
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 83. In Sec. 83.10, a space has been removed
between the heading of the paragraph and the body of the paragraph. In
Sec. 83.27, a space has been added between ``mine'' and ``clearance''
to make them two separate words.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 84. In Sec. 84.01, to avoid any printing
confusing, cubic meters is replacing meters3. Paragraphs and
subparagraphs in Sec. 84.03 and Sec. 84.07 use the incorrect Office
of the Federal Register (OFR) numbering scheme. The incorrect numbering
scheme is being replaced. In Sec. 84.15, there is a formula for
intensity of lights. Following this formula, each letter in the formula
is defined. A colon is being inserted after each letter representation
and a hard return is added following each colon. The word ``two'' is
incorrectly spelled as ``tow'' in Sec. 84.17 so the word ``two'' is
being corrected.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 85. Paragraphs and subparagraphs in Sec. 85.1
use the incorrect OFR numbering scheme. The incorrect numbering scheme
is being replaced.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 100. Table 1 in Sec. 100.901 identifies Buffalo
as a ``Group'' not a ``Sector.'' This is an incorrect identification so
this section is being
[[Page 37307]]
revised to reflect ``Sector.'' ``Bell'' and ``Russel'' are incorrectly
spelled in Sec. Sec. 100.912 and 100.916, respectively. The correct
spellings of ``Belle'' and ``Russell'' are being inserted.
This rule revises 33 CFR part 101 to remove a reference to an
outdated assessment tool. On May 16, 2012, the Transportation Security
Administration (TSA) announced that the TSA Maritime Self-Assessment
Risk Module, developed to support the Coast Guard's regulatory efforts
promulgated pursuant to the Maritime Transportation Security Act of
2002, will no longer be available. Since this assessment tool will no
longer be available, the reference to this tool in section 101.510(a)
must be removed.
This rule amends 33 CFR part 110 to reflect changes in geographic
coordinates and command boundaries. Based on a previous technical
amendment, several geographic coordinates were updated in Sec. 110.60.
Several notes in Sec. 110.155 refer back to Sec. 110.60. Therefore,
since several geographic coordinates changed in Sec. 110.60, the notes
in Sec. 110.155 also need to reflect that change. Additionally, in
1996, the command boundaries for the Captain of the Port Long Island
were redrawn. Because of this, the anchorage areas in Randall Bay,
Freeport, and Long Island were redrawn under the command of the Captain
of the Port Long Island. Section 110.156 is being updated to reflect
this command change.
The authority section in 33 CFR part 110 is also revised to correct
a citation. The delegation of rulemaking authority to establish
anchorages is cited incorrectly as 33 CFR 1.05-1(g). The citation is
being changed to reflect that 33 CFR 1.05-1 is the correct authority.
This rule revises the definitional section in Sec. 114.05 to
reflect the format in the definitions in Sec. 117.4. The letter
designations, including the period after each word, are removed. The
definitions will now read as sentences beginning with the word to be
defined. The format used in the definitional section in Sec. 117.4 is
preferred and this change will create format consistency in the two
sections.
Additionally, this rule revises Sec. 114.20(a) to replace the
words ``a tracing'' with the words ``as-built plans.'' This change does
not change the substance of the regulation but replaces a term of art
with an updated, more accurate term of art.
This rule revises 33 CFR part 115 to correct grammatically
incorrect or passive phrases. In Sec. 115.01, the phrase ``for
construction of or modification to'' is replaced with active language,
``to construct or modify.'' The grammar in Sec. 115.05 is corrected by
replacing the word ``be'' with ``is.''
In Sec. 115.40, we are replacing the words ``approval of'' with
``a formal permit action from''. This section addresses the fact that
bridge repairs do not require permitting if they only replace worn or
obsolete parts of an already-approved bridge. ``Approved'' is already
used in the short paragraph and ``a formal permit action'' is a more
accurate description of the Coast Guard's role. Therefore, this section
has been changed to incorporate permit instead of approval.
In Sec. 115.50, we are changing the word ``referred'' to ``refer''
as it is grammatically correct.
In Sec. 115.60, the word ``construction'' is removed from the
heading. This section focuses on applications for permits to construct,
modify, or replace bridges. The word ``construction'' in the title does
not accurately indicate the breadth of the regulation so the word is
being removed. Also, in paragraph (d) of this section, we are removing
a comma after the word ``disapproval'' since the comma makes the
sentence grammatically incorrect.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 116. In Sec. 116.15(a), we are replacing
``Bridge Administration Program'' with the correct office designation
of ``Office of Bridge Programs.''
This rule amends 33 CFR part 117 to correct the current names of
the following bridges with their accurate names: Main Street (U.S. 17)
Bridge; Baltimore Harbor-Patapsco Bridge; Debbie's Creek Bridge;
SR543 Bridge; Beaufort Channel, NC Bridge; and Rancocas River
(Creek) Bridge. Because we are changing existing bridge names to the
accurate names, the headings in Sec. Sec. 117.325(a), 117.541,
117.715, 117.719, 117.745, 117.822, and 117.823 are changed
accordingly, and the sections are redesignated to follow the
alphabetical order of state waterways set out in this subpart. Also, in
Sec. 117.571, ``4.0'' is changed to ``0.4'' to reflect the correct
mile marker. In Sec. 117.965, ``Bay City'' is changed to ``Bridge
City'' to reflect the correct location.
The rules in new Sec. Sec. 117.566 and 117.823 are rewritten to
clarify bridge operation and appropriate bridge contacts. Although the
substance of the regulations is unchanged, the revisions make them
easier to understand.
The rule amends Sec. 118.160 to include the following language in
paragraph (b): ``(in the closed to navigation position for
drawbridges)''. This language will follow the phrase ``the bridge
channel span''. The substance of the rule is not changing, but
inserting the additional language makes the regulation clearer.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 136. There are commas missing from the following
sections in part 136: 136.3, 136.5, and 136.101. We are adding commas
in the appropriate places in these sections. In Sec. 136.305, we are
correcting the spelling of the word ``regarding'', and in that same
section, we are replacing ``of'' with ``and'', which is the appropriate
conjunction.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 138. In Sec. 138.20, we are adding missing
commas in the appropriate places. Also in that section, we are adding a
space between the end of the sentence and the beginning of the next
sentence.
This rule corrects non-substantive typographical and spelling
errors in 33 CFR part 162. In Sec. 162.120, we are correcting the
spelling of two cities' names.
This rule amends 33 CFR 165.941 by removing the word ``fireworks''
from the section heading. This section speaks to safety zones for
annual events in the Captain of the Port Detroit Zone. The word
``fireworks'' in the heading does not accurately indicate the breadth
of the regulation, which applies to any annual event requiring a safety
zone. We are also removing paragraph (a)(5) titled ``Alpena Fireworks,
Alpena, MI'' in its entirety, as it is no longer under the
responsibility of the Captain of the Port Detroit Zone, and this event
was moved to another section by a previous rulemaking. This rule also
rewords the notification section in paragraph (f) to clarify already-
established Coast Guard practice, stating that the Captain of the Port
``may'' issue, ``if deemed necessary,'' a notice cancelling a safety
zone, instead of mandating that he or she issue a notice of
cancellation.
We are revising an authority in 33 CFR part 177.09(b)(2) to reflect
a correct citation. There is currently a reference to 46 U.S.C.,
pointing out the authority under which certain civil penalties are
assessed. Currently, paragraph (b)(2) makes a general reference to this
title but immediately following that, it incorrectly lists title 43
instead of 46. We are changing the misquoted reference to 46 U.S.C.
This rule amends Sec. Sec. 1.05-1(j), 114.50, 165.920(b), and
100.901 in title 33 to update internal Coast Guard office designations
as well as certain personnel titles. Changes in personnel titles
included in this rule are only technical revisions reflecting changes
in
[[Page 37308]]
agency procedures and organization, and do not indicate new
authorities.
Finally, this rule amends Sec. Sec. 114.50, 118.3(b), and 66.01-5
in title 33 to update various physical addresses for Coast Guard
offices as well as Web site addresses and contact information.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 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.
Because this rule involves non-substantive changes and internal agency
practices and procedures, it will not impose any additional costs on
the public.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules
exempt from the notice and comment requirements of the APA are not
required to examine the impact of the rule on small entities.
Nevertheless, 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.
There is no cost to this rule and we do not expect it to have an
impact on small entities because the provisions of this rule are
technical and non-substantive. It will have no substantive effect on
the public and will impose no additional costs. Therefore, the Coast
Guard certifies under 5 U.S.C. 605(b) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Leo Huott by phone at 202-372-1565 or via
email at [email protected]. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. 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).
E. 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.
F. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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
[[Page 37309]]
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.
M. Environment
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 the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraphs (34)(a) and (b) of the Instruction. This rule
involves regulations that are editorial, procedural, or concern
internal agency functions or organizations. An environmental analysis
checklist and a 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 2
Administrative practice and procedure, Law enforcement.
33 CFR Part 27
Administrative practice and procedure, Penalties.
33 CFR Part 40
Military academies.
33 CFR Part 45
Military personnel, Reporting and recordkeeping requirements.
33 CFR Part 66
Intergovernmental relations, Navigation (water), Reporting and
recordkeeping requirements.
33 CFR Part 80
Navigation (water), Treaties, Waterways.
33 CFR Parts 83, 84, and 162
Navigation (water), Waterways.
33 CFR Part 85
Fishing vessels, Navigation (water), 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 110
Anchorage grounds.
33 CFR Parts 114, 116, and 117
Bridges.
33 CFR Part 115
Administrative practice and procedure, Bridges, Reporting and
recordkeeping requirements.
33 CFR Part 118
Bridges.
33 CFR Part 136
Administrative practice and procedure, Advertising, Claims, Oil
pollution, Penalties, Reporting and recordkeeping requirements.
33 CFR Part 138
Hazardous materials transportation, Insurance, Oil pollution,
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 177
Marine safety.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 1, 2, 27, 40, 45, 66, 80, 83, 84, 85, 100, 101, 110, 114,
115, 116, 117, 118, 136, 138, 162, 165, and 177 as follows:
PART 1--GENERAL PROVISIONS
Subpart 1.05--Rulemaking
0
1. The authority citation for subpart 1.05 continues to read as
follows:
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland
Security Delegation No. 0170.1.
0
2. Amend Sec. 1.05-1 as follows:
0
a. Add paragraph (e)(1)(vii) to read as set forth below; and
0
b. In paragraph (j), remove the words ``District Bridge Chief''
wherever they appear, and add, in their place, the words ``District
Bridge Programs Chief''.
Sec. 1.05-1 Delegation of rulemaking authority.
* * * * *
(e) * * *
(1) * * *
(vii) The establishment of inland waterways navigation regulations.
* * * * *
Subpart 1.07-- Enforcement; Civil and Criminal Penalty Proceedings
0
3. The authority citation for subpart 1.07 is revised to read as
follows:
Authority: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 U.S.C.
1321(b)(6)(B); 46 U.S.C. 2103; Department of Homeland Security
Delegation 0701.1.
PART 2--JURISDICTION
0
4. The authority citation for part 2 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80
Stat. 931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6
U.S.C. 101 note and 468; Department of Homeland Security Delegation
No. 0170.1.
Sec. 2.30 [Amended]
0
5. In Sec. 2.30(b), following the words ``as reflected in Article'',
remove the number ``56'' and add, in its place, the number ``55''.
PART 27-- ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
0
6. The authority citation for part 27 continues to read as follows:
Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended
by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461
note); Department of Homeland Security Delegation No. 0170.1, sec. 2
(106).
0
7. Revise Sec. 27.3 to read as follows:
Sec. 27.3 Penalty Adjustment Table.
Table 1 identifies the statutes administered by the Coast Guard
that authorize a civil monetary penalty. The ``adjusted maximum
penalty'' is the maximum penalty authorized by the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, as determined
by the Coast Guard.
[[Page 37310]]
Table 1--Civil Monetary Penalty Inflation Adjustments
------------------------------------------------------------------------
2012 Adjusted
U.S. Code citation Civil monetary penalty maximum penalty
description amount ($)
------------------------------------------------------------------------
14 U.S.C. 88(c)............... Saving Life and 8,000
Property.
14 U.S.C. 645(i).............. Confidentiality of 4,000
Medical Quality
Assurance Records
(first offense).
14 U.S.C. 645(i).............. Confidentiality of 30,000
Medical Quality
Assurance Records
(subsequent offenses).
16 U.S.C. 4711(g)(1).......... Aquatic Nuisance 35,000
Species in Waters of
the United States.
19 U.S.C. 70.................. Obstruction of Revenue 3,000
Officers by Masters
of Vessels.
19 U.S.C. 70.................. Obstruction of Revenue 700
Officers by Masters
of Vessels--Minimum
Penalty.
19 U.S.C. 1581(d)............. Failure to Stop Vessel 5,000
When Directed;
Master, Owner,
Operator or Person in
Charge \1\.
19 U.S.C. 1581(d)............. Failure to Stop Vessel 1,000
When Directed;
Master, Owner,
Operator or Person in
Charge--Minimum
Penalty \1\.
33 U.S.C. 471................. Anchorage Ground/ 110
Harbor Regulations
General.
33 U.S.C. 474................. Anchorage Ground/ 300
Harbor Regulations
St. Mary's River.
33 U.S.C. 495(b).............. Bridges/Failure to 25,000
Comply with
Regulations \2\.
33 U.S.C. 499(c).............. Bridges/Drawbridges 25,000
\2\.
33 U.S.C. 502(c).............. Bridges/Failure to 25,000
Alter Bridge
Obstructing
Navigation \2\.
33 U.S.C. 533(b).............. Bridges/Maintenance 25,000
and Operation \\.
33 U.S.C. 1208(a)............. Bridge to Bridge 800
Communication;
Master, Person in
Charge or Pilot.
33 U.S.C. 1208(b)............. Bridge to Bridge 800
Communication; Vessel.
33 U.S.C. 1232(a)............. PWSA Regulations...... 40,000
33 U.S.C. 1236(b)............. Vessel Navigation: 8,000
Regattas or Marine
Parades; Unlicensed
Person in Charge.
33 U.S.C. 1236(c)............. Vessel Navigation: 8,000
Regattas or Marine
Parades; Owner
Onboard Vessel.
33 U.S.C. 1236(d)............. Vessel Navigation: 3,000
Regattas or Marine
Parades; Other
Persons.
33 U.S.C. 1321(b)(6)(B)(i).... Oil/Hazardous 15,000
Substances:
Discharges (Class I
per violation).
33 U.S.C. 1321(b)(6)(B)(i).... Oil/Hazardous 40,000
Substances:
Discharges (Class I
total under
paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)... Oil/Hazardous 15,000
Substances:
Discharges (Class II
per day of violation).
33 U.S.C. 1321(b)(6)(B)(ii)... Oil/Hazardous 190,000
Substances:
Discharges (Class II
total under
paragraph).
33 U.S.C. 1321(b)(7)(A)....... Oil/Hazardous 40,000
Substances:
Discharges (per day
of violation)
Judicial Assessment.
33 U.S.C. 1321(b)(7)(A)....... Oil/Hazardous 1,100
Substances:
Discharges (per
barrel of oil or unit
discharged) Judicial
Assessment.
33 U.S.C. 1321(b)(7)(B)....... Oil/Hazardous 40,000
Substances: Failure
to Carry Out Removal/
Comply With Order
(Judicial Assessment).
33 U.S.C. 1321(b)(7)(C)....... Oil/Hazardous 40,000
Substances: Failure
to Comply with
Regulation Issued
Under 1321(j)
(Judicial Assessment).
33 U.S.C. 1321(b)(7)(D)....... Oil/Hazardous 4,000
Substances:
Discharges, Gross
Negligence (per
barrel of oil or unit
discharged) Judicial
Assessment.
33 U.S.C. 1321(b)(7)(D)....... Oil/Hazardous 130,000
Substances:
Discharges, Gross
Negligence--Minimum
Penalty (Judicial
Assessment).
33 U.S.C. 1322(j)............. Marine Sanitation 3,000
Devices; Operating.
33 U.S.C. 1322(j)............. Marine Sanitation 8,000
Devices; Sale or
Manufacture.
33 U.S.C. 1608(a)............. International 8,000
Navigation Rules;
Operator.
33 U.S.C. 1608(b)............. International 8,000
Navigation Rules;
Vessel.
33 U.S.C. 1908(b)(1).......... Pollution from Ships; 40,000
General.
33 U.S.C. 1908(b)(2).......... Pollution from Ships; 8,000
False Statement.
33 U.S.C. 2072(a)............. Inland Navigation 8,000
Rules; Operator.
33 U.S.C. 2072(b)............. Inland Navigation 8,000
Rules; Vessel.
33 U.S.C. 2609(a)............. Shore Protection; 40,000
General.
33 U.S.C. 2609(b)............. Shore Protection; 15,000
Operating Without
Permit.
33 U.S.C. 2716a(a)............ Oil Pollution 40,000
Liability and
Compensation.
33 U.S.C. 3852(a)(1)(A)....... Clean Hulls; Civil 37,500
Enforcement.
33 U.S.C. 3852(a)(1)(B)....... Clean Hulls; Civil 50,000
Enforcement.
42 U.S.C. 9609(a)............. Hazardous Substances, 35,000
Releases, Liability,
Compensation (Class
I).
42 U.S.C. 9609(b)............. Hazardous Substances, 35,000
Releases, Liability,
Compensation (Class
II).
42 U.S.C. 9609(b)............. Hazardous Substances, 100,000
Releases, Liability,
Compensation (Class
II subsequent
offense).
42 U.S.C. 9609(c)............. Hazardous Substances, 35,000
Releases, Liability,
Compensation
(Judicial Assessment).
42 U.S.C. 9609(c)............. Hazardous Substances, 100,000
Releases, Liability,
Compensation
(Judicial Assessment
subsequent offense).
46 U.S.C. App 1505(a)(2)...... Safe Containers for 8,000
International Cargo.
46 U.S.C. App 1712(a)......... International Ocean 6,000
Commerce
Transportation--Commo
n Carrier Agreements
per violation.
46 U.S.C. App 1712(a)......... International Ocean 30,000
Commerce
Transportation--Commo
n Carrier Agreements
per violation--
Willfull violation.
46 U.S.C. App 1712(b)......... International Ocean 60,000
Commerce
Transportation--Commo
n Carrier Agreements--
Fine for tariff
violation (per
shipment).
46 U.S.C. App 1805(c)(2)...... Suspension of 70,000
Passenger Service.
46 U.S.C. 2110(e)............. Vessel Inspection or 8,000
Examination Fees.
46 U.S.C. 2115................ Alcohol and Dangerous 7,000
Drug Testing.
46 U.S.C. 2302(a)............. Negligent Operations: 6,000
Recreational Vessels.
46 U.S.C. 2302(a)............. Negligent Operations: 30,000
Other Vessels.
[[Page 37311]]
46 U.S.C. 2302(c)(1).......... Operating a Vessel 7,000
While Under the
Influence of Alcohol
or a Dangerous Drug.
46 U.S.C. 2306(a)(4).......... Vessel Reporting 8,000
Requirements: Owner,
Charterer, Managing
Operator, or Agent.
46 U.S.C. 2306(b)(2).......... Vessel Reporting 1,100
Requirements: Master.
46 U.S.C. 3102(c)(1).......... Immersion Suits....... 8,000
46 U.S.C. 3302(i)(5).......... Inspection Permit..... 1,100
46 U.S.C. 3318(a)............. Vessel Inspection; 8,000
General.
46 U.S.C. 3318(g)............. Vessel Inspection; 8,000
Nautical School
Vessel.
46 U.S.C. 3318(h)............. Vessel Inspection; 1,100
Failure to Give
Notice IAW 3304(b).
46 U.S.C. 3318(i)............. Vessel Inspection; 1,100
Failure to Give
Notice IAW 3309(c).
46 U.S.C. 3318(j)(1).......... Vessel Inspection; 15,000
Vessel >=1600 Gross
Tons.
46 U.S.C. 3318(j)(1).......... Vessel Inspection; 3,000
Vessel <1600 Gross
Tons.
46 U.S.C. 3318(k)............. Vessel Inspection; 15,000
Failure to Comply
with 3311(b).
46 U.S.C. 3318(l)............. Vessel Inspection; 8,000
Violation of 3318(b)-
3318(f).
46 U.S.C. 3502(e)............. List/count of 110
Passengers.
46 U.S.C. 3504(c)............. Notification to 15,000
Passengers.
46 U.S.C. 3504(c)............. Notification to 800
Passengers; Sale of
Tickets.
46 U.S.C. 3506................ Copies of Laws on 300
Passenger Vessels;
Master.
46 U.S.C. 3718(a)(1).......... Liquid Bulk/Dangerous 40,000
Cargo.
46 U.S.C. 4106................ Uninspected Vessels... 8,000
46 U.S.C. 4311(b)(1).......... Recreational Vessels 300,000
(maximum for related
series of violations).
46 U.S.C. 4311(b)(1).......... Recreational Vessels; 6,000
Violation of 4307(a).
46 U.S.C. 4311(c)............. Recreational vessels.. 1,100
46 U.S.C. 4507................ Uninspected Commercial 8,000
Fishing Industry
Vessels.
46 U.S.C. 4703................ Abandonment of Barges. 1,100
46 U.S.C. 5116(a)............. Load Lines............ 8,000
46 U.S.C. 5116(b)............. Load Lines; Violation 15,000
of 5112(a).
46 U.S.C. 5116(c)............. Load Lines; Violation 8,000
of 5112(b).
46 U.S.C. 6103(a)............. Reporting Marine 35,000
Casualties.
46 U.S.C. 6103(b)............. Reporting Marine 8,000
Casualties; Violation
of 6104.
46 U.S.C. 8101(e)............. Manning of Inspected 1,100
Vessels; Failure to
Report Deficiency in
Vessel Complement.
46 U.S.C. 8101(f)............. Manning of Inspected 15,000
Vessels.
46 U.S.C. 8101(g)............. Manning of Inspected 15,000
Vessels; Employing or
Serving in Capacity
not Licensed by USCG.
46 U.S.C. 8101(h)............. Manning of Inspected 1,100
Vessels; Freight
Vessel <100 GT, Small
Passenger Vessel, or
Sailing School Vessel.
46 U.S.C. 8102(a)............. Watchmen on Passenger 1,100
Vessels.
46 U.S.C. 8103(f)............. Citizenship 800
Requirements.
46 U.S.C. 8104(i)............. Watches on Vessels; 15,000
Violation of 8104(a)
or (b).
46 U.S.C. 8104(j)............. Watches on Vessels; 15,000
Violation of 8104(c),
(d), (e), or (h).
46 U.S.C. 8302(e)............. Staff Department on 110
Vessels.
46 U.S.C. 8304(d)............. Officer's Competency 110
Certificates.
46 U.S.C. 8502(e)............. Coastwise Pilotage; 15,000
Owner, Charterer,
Managing Operator,
Agent, Master or
Individual in Charge.
46 U.S.C. 8502(f)............. Coastwise Pilotage; 15,000
Individual.
46 U.S.C. 8503................ Federal Pilots........ 40,000
46 U.S.C. 8701(d)............. Merchant Mariners 800
Documents.
46 U.S.C. 8702(e)............. Crew Requirements..... 15,000
46 U.S.C. 8906................ Small Vessel Manning.. 35,000
46 U.S.C. 9308(a)............. Pilotage: Great Lakes; 15,000
Owner, Charterer,
Managing Operator,
Agent, Master or
Individual in Charge.
46 U.S.C. 9308(b)............. Pilotage: Great Lakes; 15,000
Individual.
46 U.S.C. 9308(c)............. Pilotage: Great Lakes; 15,000
Violation of 9303.
46 U.S.C. 10104(b)............ Failure to Report 8,000
Sexual Offense.
46 U.S.C. 10314(a)(2)......... Pay Advances to Seamen 800
46 U.S.C. 10314(b)............ Pay Advances to 800
Seamen; Remuneration
for Employment.
46 U.S.C. 10315(c)............ Allotment to Seamen... 800
46 U.S.C. 10321............... Seamen Protection; 7,000
General.
46 U.S.C. 10505(a)(2)......... Coastwise Voyages: 7,000
Advances.
46 U.S.C. 10505(b)............ Coastwise Voyages: 7,000
Advances;
Remuneration for
Employment.
46 U.S.C. 10508(b)............ Coastwise Voyages: 7,000
Seamen Protection;
General.
46 U.S.C. 10711............... Effects of Deceased 300
Seamen.
46 U.S.C. 10902(a)(2)......... Complaints of 800
Unfitness.
46 U.S.C. 10903(d)............ Proceedings on 110
Examination of Vessel.
46 U.S.C. 10907(b)............ Permission to Make 800
Complaint.
46 U.S.C. 11101(f)............ Accommodations for 800
Seamen.
46 U.S.C. 11102(b)............ Medicine Chests on 800
Vessels.
46 U.S.C. 11104(b)............ Destitute Seamen...... 110
46 U.S.C. 11105(c)............ Wages on Discharge.... 800
[[Page 37312]]
46 U.S.C. 11303(a)............ Log Books; Master 300
Failing to Maintain.
46 U.S.C. 11303(b)............ Log Books; Master 300
Failing to Make Entry.
46 U.S.C. 11303(c)............ Log Books; Late Entry. 200
46 U.S.C. 11506............... Carrying of Sheath 80
Knives.
46 U.S.C. 12151(a)............ Documentation of 15,000
Vessels (violation
per day).
46 U.S.C. 12151(c)............ Engaging in Fishing 130,000
After Falsifying
Eligibility (fine per
day).
46 U.S.C. 12309(a)............ Numbering of 6,000
Undocumented Vessels--
Willfull violation.
46 U.S.C. 12309(b)............ Numbering of 1,100
Undocumented Vessels.
46 U.S.C. 12507(b)............ Vessel Identification 15,000
System.
46 U.S.C. 14701............... Measurement of Vessels 30,000
46 U.S.C. 14702............... Measurement; False 30,000
Statements.
46 U.S.C. 31309............... Commercial Instruments 15,000
and Maritime Liens.
46 U.S.C. 31330(a)(2)......... Commercial Instruments 15,000
and Maritime Liens;
Mortgagor.
46 U.S.C. 31330(b)(2)......... Commercial Instruments 35,000
and Maritime Liens;
Violation of 31329.
46 U.S.C. 70119............... Port Security......... 30,000
46 U.S.C. 70119(b)............ Port Security-- 50,000
Continuing Violations.
46 U.S.C. 70506............... Maritime Drug Law 5,000
Enforcement;
Penalties.
49 U.S.C. 5123(a)(1).......... Hazardous Materials: 60,000
Related to Vessels--
Maximum Penalty.
49 U.S.C. 5123(a)(1).......... Hazardous Materials: 300
Related to Vessels--
Minimum Penalty.
49 U.S.C. 5123(a)(2).......... Hazardous Materials: 110,000
Related to Vessels--
Penalty from
Fatalities, Serious
Injuries/Illness or
substantial Damage to
Property.
------------------------------------------------------------------------
Note: The changes in Civil Penalties for calendar year 2012, shown
above, are based on the change in CPI-U from June 2009 to June 2010.
The recorded change in CPI-U during that period was 1.05%. Because of
the small change in CPI-U and the required rules for rounding, there
was no change to any of the maximum penalty amounts from the previous
adjustment.
\1\ Enacted under the Tariff Act of 1930, exempt from inflation
adjustments.
\2\ These penalties increased in accordance with the statute to $10,000
in 2005, $15,000 in 2006, $20,000 in 2007, and $25,000 in 2008 and
thereafter.
PART 40--CADETS OF THE COAST GUARD
0
8. The authority citation for part 40 is revised to read as follows:
Authority: 14 U.S.C. 182 and 633.
PART 45--ENLISTMENT OF PERSONNEL
0
9. The authority citation for part 45 is revised to read as follows:
Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135.
PART 66--PRIVATE AIDS TO NAVIGATION
0
10. The authority citation for part 66 continues to read as follows:
Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-
296, 116 Stat. 2135; Department of Homeland Security Delegation No.
0170.1.
0
11. In Sec. 66.01-1, revise paragraph (a) to read as follows:
Sec. 66.01-1 Basic provisions.
(a) No person, public body, or instrumentality not under the
control of the Commandant, exclusive of the Armed Forces, will
establish and maintain, discontinue, change or transfer ownership of
any aid to maritime navigation, without first obtaining permission to
do so from the Commandant.
* * * * *
Sec. 66.01-5 [Amended]
0
12. In Sec. 66.01-5 introductory text, following the text ``CG-2554
at'', remove the text `` http://www.uscgboating.org/safety/aton/aids.htm'', and add, in its place, the text ``http://www.uscg.mil/forms/form_public_use.asp''.
0
13. Amend Sec. 66.10-1 as follows:
0
a. Redesignate paragraphs (a) and (b) as paragraphs (b) and (c),
respectively; and
0
b. Add new paragraph (a) to read as follows:
Sec. 66.10-1 General.
(a) The Uniform State Waterway Marking System's (USWMS) aids to
navigation provisions for marking channels and obstructions (see Sec.
66.10-15) may be used in those navigable waters of the U.S. that have
been designated as state waters for private aids to navigation and in
those internal waters that are non-navigable waters of the U.S. All
other provisions for the use of regulatory markers and other aids to
navigation must be in accordance with United States Aid to Navigation
System, described in part 62 of this subchapter.
* * * * *
PART 80--COLREGS DEMARCATION LINES
0
14. The authority citation for part 80 is revised to read as follows:
Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).
Sec. 80.155 [Amended]
0
15. In Sec. 80.155(g), remove the word ``Nichols'' and add, in its
place, the word ``Nicholl''.
Sec. 80.825 [Amended]
0
16. In Sec. 80.825, remove paragraphs (d) and (e).
PART 83--RULES
0
17. The authority citation for part 83 continues to read as follows:
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1028 (33 U.S.C.
2001); Department of Homeland Security Delegation No. 0170.1.
0
18. In Sec. 83.10, revise paragraph (l) to read as follows:
Sec. 83.10 Traffic separation schemes (Rule 10).
* * * * *
(l) Exemption; laying, servicing, or picking up submarine cable. A
vessel restricted in her ability to maneuver when engaged in an
operation for the laying, servicing, or picking up of a submarine
cable, within a traffic
[[Page 37313]]
separation scheme, is exempted from complying with this rule to the
extent necessary to carry out the operation.
Sec. 83.27 [Amended]
0
19. In Sec. 83.27(f), remove the word ``mineclearance'' wherever it
appears, and add, in its place, the words ``mine clearance''.
PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND
SHAPES
0
20. The authority citation for part 84 continues to read as follows:
Authority: 33 U.S.C. 2071; Department of Homeland Security
Delegation No. 0170.1.
Sec. 84.01 [Amended]
0
21. In Sec. 84.01(b), following the text ``design waterline ('',
remove the text ``meters3'', and add, in its place, the text
``cubic meters''.
Sec. 84.03 [Amended]
0
22. In Sec. 84.03(f)(2), following the text ``Rule 27(b)'', remove the
text ``(i)'', and add, in its place, the text ``(1)''.
Sec. 84.07 [Amended]
0
23. Amend Sec. 84.07 as follows:
0
a. In paragraph (a), remove the text ``Rule 26 (c)(ii)'', and add, in
its place, the text ``Rule 26(c)(2)''; and remove the text ``Rule
26(c)(i)'', and add, in its place, the text ``Rule 26(c)(1)''; and
0
b. In paragraph (b), remove the text ``Rule 27(d)(i) and (ii)'', and
add, in its place, the text ``Rule 27(d)(1) and (2)''; and remove the
text ``Rule 27(b)(i) and (ii)'' wherever it appears, and add, in its
place, the text ``Rule 27(b)(1) and (2)''.
0
24. Revise Sec. 84.15(a) to read as follows:
Sec. 84.15 Intensity of lights.
(a) The minimum luminous intensity of lights will be calculated by
using the formula:
I = 3.43 x 10\6\ x T x D\2\ x K-D
where I is luminous intensity in candelas under service conditions,
T is threshold factor 2 x 10-7 lux,
D is range of visibility (luminous range) of the light in nautical
miles,
K is atmospheric transmissivity. For prescribed lights the value of
K will be 0.8, corresponding to a meteorological visibility of
approximately 13 nautical miles.
* * * * *
Sec. 84.17 [Amended]
0
25. In Sec. 84.17(c) ``Note to paragraph (c)'', remove the word
``Tow'', and add, in its place, the word ``Two''.
PART 85--ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING
IN CLOSE PROXIMITY
0
26. The authority citation for part 85 is revised to read as follows:
Authority: Sec. 3, Pub. L. 96-591.
Sec. 85.1 [Amended]
0
27. In Sec. 85.1, remove the text ``Rule 26(b)(i) and (c)(i)'', and
add, in its place, the text ``Rule 26(b)(1) and (c)(1)''.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
28. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
Sec. 100.901 [Amended]
0
29. In Sec. 100.901 ``Table 1'', remove the words ``Group Buffalo'',
and add, in their place, the words ``Sector Buffalo''.
0
30. Revise the heading of Sec. 100.912 to read as follows:
Sec. 100.912 Detroit Belle Isle Grand Prix, Detroit MI.
* * * * *
Sec. 100.916 [Amended]
0
31. In Sec. 100.916(a), remove the word ``Russel'' wherever it
appears, and add, in its place, the word ``Russell''.
PART 101--MARITIME SECURITY: GENERAL
0
32. 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 Number 0170.1.
0
33. Revise Sec. 101.510 to read as follows:
Sec. 101.510 Assessment tools.
Ports, vessels, and facilities required to conduct security
assessments by part 103, 104, 105, or 106 of this subchapter may use
any assessment tool that meets the standards set out in part 103, 104,
105, or 106, as applicable. These tools may include USCG assessment
tools, which are available from the cognizant COTP or at http://www.uscg.mil/hq/g-m/nvic, as set out in the following:
(a) Navigation and Vessel Inspection Circular titled, ``Guidelines
for Port Security Committees, and Port Security Plans Required for U.S.
Ports'' (NVIC 9-02 change 2);
(b) Navigation and Vessel Inspection Circular titled, ``Security
Guidelines for Vessels'', (NVIC 10-02 change 1); and
(c) Navigation and Vessel Inspection Circular titled, ``Security
Guidelines for Facilities'', (NVIC 11-02 change 1).
PART 110--ANCHORAGE REGULATIONS
0
34. The authority citation for part 110 is revised to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
0
35. In Sec. 110.155, revise the notes following paragraphs (a)(2),
(a)(3), (f)(3), and (h)(4) to read as follows:
Sec. 110.155 Port of New York.
(a) * * *
(2) * * *
Note to paragraph (a)(2): The special anchorage area in this
anchorage is described in Sec. 110.60.
(3) * * *
Note to paragraph (a)(3): The special anchorage area in this
anchorage is described in Sec. 110.60.
* * * * *
(f) * * *
(3) * * *
Note to paragraph (f)(3): The special anchorage area in this
anchorage is described in Sec. 110.60.
* * * * *
(h) * * *
(4) * * *
Note to paragraph (h)(4): The special anchorage area in this
anchorage is described in Sec. 110.60.
* * * * *
Sec. 110.156 [Amended]
0
36. In Sec. 110.156(b)(1) following the words ``Captain of the Port
of'', remove the words ``New York'', and add, in their place, the words
``Long Island Sound''.
PART 114--GENERAL
0
37. The authority citation for part 114 continues to read as follows:
Authority: 33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511,
513, 514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and
535(c), (e), and (h); 14 U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107-
296, 116 Stat. 2135; 33 CFR 1.05-1 and 1.01-60, Department of
Homeland Security Delegation Number 0170.1.
0
38. Revise Sec. 114.05 to read as follows:
Sec. 114.05 Definitions.
The following definitions apply to this subchapter:
Approved means approved by the Commandant unless otherwise stated.
[[Page 37314]]
Bridge means a structure erected across navigable waters of the
United States, and includes causeways, approaches, fenders, and other
appurtenances thereto.
Coast Guard District Commander or District Commander means an
officer of the Coast Guard designated as such by the Commandant to
command all Coast Guard activities within his or her district. (See
part 3 of this chapter for descriptions of Coast Guard Districts.)
Commandant means Commandant, U.S. Coast Guard, Department of
Homeland Security, Washington, DC 20593.
Deputy Commandant for Operations means the officer of the Coast
Guard designated by the Commandant as the staff officer in charge of
``Operations'' (DCO), U.S. Coast Guard Headquarters.
District Office or Coast Guard District Office means the Office of
the Commander of a Coast Guard District.
Headquarters or Coast Guard Headquarters means the Office of the
Commandant, U.S. Coast Guard, Department of Homeland Security,
Washington, DC 20593-7000.
Permit means the license permitting construction of bridges and
approaches thereto in or over navigable waters of the United States,
issued under the rules and regulations in this subchapter.
Secretary means the Secretary of Homeland Security or any person to
whom he or she has delegated his or her authority in the matter
concerned.
United States Coast Guard or Coast Guard means the organization or
agency established by the Act of January 28, 1915, as amended (14
U.S.C. 1).
Sec. 114.20 [Amended]
0
39. In Sec. 114.20(a), following the text ``required to furnish'',
remove the text ``a tracing'' and add, in its place, the text ``as-
built plans''.
Sec. 114.50 [Amended]
0
40. Amend Sec. 114.50 as follows:
0
a. Remove the text ``(CG-551)'', and add, in its place, the text ``(CG-
BRG)'';
0
b. Following the text ``2nd St. SW., Stop'' remove the text ``7683''
and add, in its place, the text ``7580''; and
0
c. Following the text ``DC 20593-'', remove the text ``7683'', and add,
in its place, the text ``7580''.
PART 115--BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE
PROCEDURES
0
41. The authority citation for part 115 is revised to read as follows:
Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c.
1130, sec. 1, 34 Stat. 84 (33 U.S.C. 491); sec. 5, 28 Stat. 362, as
amended (33 U.S.C. 499); sec. 11, 54 Stat. 501, as amended (33
U.S.C. 521); c. 753, Title V, sec. 502, 60 Stat. 847, as amended (33
U.S.C. 525); 86 Stat. 732 (33 U.S.C. 535); 14 U.S.C. 633.
Sec. 115.01 [Amended]
0
42. In Sec. 115.01, following the words ``a permit'', remove the words
``for construction of or modification to'', and add, in their place,
the words ``to construct or modify''.
Sec. 115.05 [Amended]
0
43. In Sec. 115.05, following the words ``authority. If there'',
remove the word ``be'', and add, in its place, the word ``is''.
Sec. 115.40 [Amended]
0
44. In Sec. 115.40, following the words ``routine maintenance
without'', remove the words ``approval of'', and add, in their place,
the words ``a formal permit action from''.
Sec. 115.50 [Amended]
0
45. In Sec. 115.50(h)(1), following the words ``in feet and'', remove
the word ``referred'', and add, in its place, the word ``refer''.
0
46. Amend Sec. 115.60 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraph (a), following the words ``construction of the bridge,
reviews'', remove the text ``,''; and
0
c. In paragraph (d)(3), following the text ``reasons for the
disapproval'', remove the text ``,''.
Sec. 115.60 Procedures for handling applications for bridge
construction permits.
* * * * *
PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES
0
47. The authority citation for part 116 is revised to read as follows:
Authority: 33 U.S.C. 401, 521.
Sec. 116.15 [Amended]
0
48. In Sec. 116.15(a), remove the words ``Bridge Administration
Program'', and add, in their place, the words ``Office of Bridge
Programs''.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
49. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.325 [Amended]
0
50. In Sec. 117.325(a), remove the text ``(US 17)'', and add, in its
place, the text ``(US 1/SR 90)''.
Sec. 117.541 [Redesignated as Sec. 117.566]
0
51. Redesignate Sec. 117.541 as Sec. 117.566.
0
52. In newly redesignated Sec. 117.566, revise the section heading and
paragraph (a) to read as follows:
Sec. 117.566 Patapsco River--Middle Branch.
(a) The draw of the Hanover Street S2 bridge, mile 12.0 across the
Middle Branch of the Patapsco River at Baltimore, will open on signal
from 5 a.m. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 p.m. to 9:00 p.m.
The draw need not be opened from 6:30 a.m. to 9:30 a.m. and 4 p.m. to 6
p.m.; however, fire boats, police boats, and other vessels engaged in
emergency operations will be passed immediately during this period.
When a vessel desires to pass the draw from 9 p.m. to 5 a.m., notice
will be given to the superintendent of the bridge, either at the bridge
before 9 p.m. or at the superintendent's residence after 9 p.m. If the
notice is given from 5 a.m. to 9 p.m. or if at least one half hour has
elapsed since the notice was given, the draw will open promptly at the
time requested.
* * * * *
Sec. 117.571 [Amended]
0
53. In Sec. 117.571 introductory text, remove ``4.0'', and add, in its
place, the text ``0.4''.
Sec. 117.719 [Redesignated as Sec. 117.718]
0
54. Redesignate Sec. 117.719 as Sec. 117.718.
Sec. 117.715 [Redesignated as Sec. 117.719]
0
55. Redesignate Sec. 117.715 as 117.719.
Sec. 117.719 [Amended]
0
56. In newly redesignated Sec. 117.719, revise the section heading to
read as follows:
Sec. 117.719 Glimmer Glass (Debbie's Creek).
* * * * *
Sec. 117.745 [Amended]
0
57. Amend Sec. 117.745 as follows:
0
a. Revise the section heading to read as set forth below; and
0
b. In paragraph (b) introductory text, remove the text ``SR543
Drawbridge'', and add, in its place, the text ``Riverside-Delanco/SR
543 Drawbridge''.
Sec. 117.745 Rancocas Creek.
* * * * *
[[Page 37315]]
Sec. 117.822 [Removed]
0
58. Remove Sec. 117.822.
Sec. 117.823 [Redesignated as Sec. 117.822]
0
59. Redesignate Sec. 117.823 as Sec. 117.822.
0
60. Add Sec. 117.823 to read as follows:
Sec. 117.823 Gallants Channel.
The draw of the US 70 bridge, mile 0.1, at Beaufort, will open as
follows:
(a) From 6 a.m. to 10 p.m., the draw need only open on the hour and
on the half hour; except that Monday through Friday the bridge need not
open between the hours of 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 p.m.
(b) From 10 p.m. to 6 a.m., the bridge will open on signal.
Sec. 117.965 [Amended]
0
61. In Sec. 117.965, following the text ``mile 4.5 at'', remove the
text ``Bay'', and add, in its place, the text ``Bridge''.
PART 118--BRIDGE LIGHTING AND OTHER SIGNALS
0
62. The authority citation for part 118 continues to read as follows:
Authority: 33 U.S.C. 494; 14 U.S.C. 85, 633; Department of
Homeland Security Delegation No. 0170.1.
Sec. 118.3 [Amended]
0
63. In Sec. 118.3(b) following the text ``2100 2nd St. SW., Stop'',
remove the text ``7683'' and add, in its place, the text ``7580''; and
following the text ``DC 20593-'', remove the text ``7683'' and add, in
its place, the text ``7580''.
Sec. 118.160 [Amended]
0
64. In Sec. 118.160(b), following the words ``the bridge channel
span'', add the words ``(in the closed to navigation position for
drawbridges)''.
PART 136--OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES;
DESIGNATION OF SOURCE; AND ADVERTISEMENT
0
65. The authority citation for part 136 continues to read as follows:
Authority: 33 U.S.C. 2713(e) and 2714; Sec. 1512 of the
Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25,
2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3
CFR, 2004 Comp., p. 166; Department of Homeland Security Delegation
No. 0170.1, para. 2(80).
Sec. 136.3 [Amended]
0
66. In Sec. 136.3, following the text ``from the Director'', add the
text ``,''.
Sec. 136.5 [Amended]
0
67. In Sec. 136.5(b), in the definition of ``NPFC'', following the
text ``means the Director'', add the text ``,''.
Sec. 136.101 [Amended]
0
68. In Sec. 136.101(b), following the text ``received at the
Director'', add the text ``,''.
Sec. 136.305 [Amended]
0
69. Amend Sec. 136.305 as follows:
0
a. In paragraph (b)(3), following the words ``The type'', remove the
word ``of'', and add, in its place, the word ``and''; and
0
b. In paragraph (b)(6), following the words ``whom further
communication'', remove the word ``regrading'', and add, in its place,
the word ``regarding''.
PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)
AND OPA 90 LIMITS OF LIABILITY (VESSELS AND DEEPWATER PORTS)
0
70. The authority citation for part 138 continues to read as follows:
Authority: 33 U.S.C. 2704; 33 U.S.C. 2716, 2716a; 42 U.S.C.
9608, 9609; Sec. 1512 of the Homeland Security Act of 2002, Public
Law 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C.
552(d)); E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 198; E.O.
12777, Sec. 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286,
68 FR 10619, 3 CFR, 2004 Comp., p. 166; Department of Homeland
Security Delegation Nos. 0170.1 and 5110. Section 138.30 also issued
under the authority of 46 U.S.C. 2103 and 14302.
Sec. 138.20 [Amended]
0
71. Amend Sec. 138.20(b) as follows:
0
a. In the definition of ``Application'', following the text ``U.S.
Coast Guard'', add the text ``,'';
0
b. In the definition of ``Certificant'', following the text ``U.S.
Coast Guard'', add the text ``,''; and
0
c. In the definition of ``E-COFR'', remove the text ``http://www.npfc.gov/cofr'', and add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.
Sec. 138.40 [Amended]
0
72. In Sec. 138.40, remove the text ``http://www.npfc.gov/cofr'', and
add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.
Sec. 138.45 [Amended]
0
73. In Sec. 138.45(a), remove the text ``http://www.npfc.gov/cofr'',
and add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.
Sec. 138.240 [Amended]
0
74. In Sec. 138.240(b), following the words ``liability in the'', add
a space; and following the text ``Register.'', add a space.
PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS
0
75. The authority citation for part 162 continues to read as follows:
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
Sec. 162.120 [Amended]
0
76. In Sec. 162.120(a), following the text ``(Manistee County),
Frankfort,'' remove the text ``Charlevois, and Petroskey'', and add, in
its place, the text ``Charlevoix, and Petoskey''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
77. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
Sec. 165.920 [Amended]
0
78. In Sec. 165.920(b), following the text ``telephone at (313) 568-
'', remove the text ``9580'', and add, in its place, the text ``9560'';
and following the text ``by writing to:'', remove the text ``MSO'', and
add, in its place, the text ``Sector''.
Sec. 165.941 [Amended]
0
79. Amend Sec. 165.941 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraph (a)(4)(i), following the words ``southern end of'',
remove the word ``Harsen's'', and add, in its place, the word
``Harsens'';
0
c. Remove paragraph (a)(5);
0
d. Redesignate paragraphs (a)(6) through (a)(56) as (a)(5) through
(a)(55), respectively;
0
e. In newly redesignated paragraphs (a)(6), (a)(35), (a)(41), and
(a)(49), remove the words ``Grosse Point'' wherever they appear, and
add, in their place, the words ``Grosse Pointe'';
0
f. In newly redesignated paragraph (a)(24) introductory text, remove
the word ``Kellys'' wherever it appears, and add, in its place, the
word ``Kelleys'';
0
g. In newly redesignated paragraph (a)(37)(i), remove the word
``Russel'', and add, in its place, the word ``Russell'';
0
h. In newly redesignated paragraphs (a)(44) introductory text and
(a)(44)(i), remove the words ``Grosse Isle'' wherever they appear, and
add, in their place, the words ``Grosse Ile''; and
0
i. In paragraph (f), following the words ``to Mariners. The Captain of
the Port'',
[[Page 37316]]
remove the word ``will'', and add, in its place, the word ``may''; and
following the words ``section is cancelled'', add the words ``if deemed
necessary''.
Sec. 165.941 Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.
* * * * *
PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS
0
80. The authority citation for part 177 is revised to read as follows:
Authority: 46 U.S.C. 4302, 4311; Pub. L. 103-206, 107 Stat.
2439.
Sec. 177.09 [Amended]
0
81. In Sec. 177.09(b)(2), following the text ``any other provision
of'', remove the text ``43 U.S.C.'', and add, in its place, the text
``46 U.S.C.''.
Dated: June 12, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law U.S. Coast Guard.
[FR Doc. 2012-14848 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P