[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Rules and Regulations]
[Pages 68619-68622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27257]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 83, 84, and 88

[Docket No. USCG-2012-0102]
RIN 1625-AB88


Changes to the Inland Navigation Rules, Technical, 
Organizational, and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing this final rule to make non-
substantive changes to its regulations. This final rule makes 
conforming amendments and technical corrections to the Coast Guard's 
Inland Navigation Rules. These changes will have no substantive effect 
on the regulated public.

DATES: This final rule is effective November 18, 2014.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket USCG-2012-0102 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, inserting USCG-2012-0102 in 
the ``Search'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call or email Lieutenant Commander Megan L. Cull, Coast Guard; 
telephone 202-372-1565, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History

[[Page 68620]]

III. Basis and Purpose
IV. Discussion of the Rule
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

CFR Code of Federal Regulations
COLREGS Convention on the International Regulations for Preventing 
Collisions at Sea
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
OMB Office of Management and Budget
Pub. L. Public Law
Sec.  Section symbol
U.S.C. United States Code

II. Regulatory History

    Under 5 U.S.C. 553(b)(A), the Coast Guard finds this final rule is 
exempt from notice and comment rulemaking requirements because the 
changes in this final rule involve rules of agency organization, 
procedure, or practice. Therefore, we did not publish a notice of 
proposed rulemaking for this final rule. Also, the Coast Guard finds 
for good cause that notice and comment procedures are unnecessary under 
5 U.S.C. 553(b)(B) because this final rule consists only of corrections 
and editorial, organizational, and conforming amendments. None of these 
changes will have substantive effect on the public. Under 5 U.S.C. 
553(d)(3), we find that, for the same reasons, good cause exists for 
making this final rule effective upon publication in the Federal 
Register.

III. Basis and Purpose

    This final rule is issued under the authority of 5 U.S.C. 552, 553, 
App. 2, 14 U.S.C. 2, 631, 632, and 633; Sec. 303, Pub. L. 108-293, 118 
Stat. 1042 (33 U.S.C. 2071); and Department of Homeland Security 
Delegation No. 0170.1.
    The Coast Guard published a final rule entitled ``Changes to the 
Inland Navigation Rules'' in the Federal Register on July 2, 2014 (79 
FR 37898). The July 2, 2014 rule amended the Coast Guard's inland 
navigation rules in 33 CFR parts 83-88. The July 2, 2014 rule contained 
several non-substantive technical errors. This final rule, which 
becomes effective November 18, 2014, makes technical and editorial 
corrections to 33 CFR parts 83, 84, and 88.

IV. Discussion of the Rule

    This final rule amends the Inland Navigation Rules in 33 CFR parts 
83, 84, and 88. Functional requirements, organizations and reporting 
structures are not affected by this final rule.
    This final rule amends the table of contents in 33 CFR part 83 so 
that the title of Sec.  83.30 reads, ``Vessels anchored, aground and 
moored barges.''
    This final rule amends Sec.  83.06(a)(iv) to correct a 
typographical error. We are changing the word ``shores'' to the 
singular ``shore.''
    This final rule amends Sec.  83.18(e) to correct a typographical 
error. The reference to ``Sec.  83.4'' is incorrect. We are changing 
the text to contain a reference to the appropriate ``Sec.  83.04.'' 
This final rule also amends Sec.  83.18(f)(ii) to correct the same 
typographical error.
    This final rule amends Sec.  83.22(c) to correct an incorrectly 
numbered sub-paragraph (iv). We are changing Sec.  83.22(c) so that it 
appropriately contains sub-paragraphs (i) through (vi).
    This final rule amends Sec.  83.24(g)(iii) to correct a 
typographical error. We are changing the word ``Provided'' so that it 
will no longer be capitalized.
    This final rule amends Sec.  83.27(b)(iii) to correct a 
typographical error. We are capitalizing the word ``when'' for 
consistency with the remainder of that paragraph.
    This final rule amends Sec.  83.27(e)(ii) to replace the word 
``insure'' with ``ensure'' for consistency with the language in the 
COLREGS.
    This final rule amends Sec.  83.35(h) to correct a typographical 
error. The internal reference to paragraph (f) is incorrect. We are 
changing the text to contain a reference to the appropriate paragraph 
(g).
    This final rule amends Sec.  84.02(j) to insert the word ``at'' for 
grammatical clarity and consistency with the language in the COLREGS.
    Finally, this final rule amends Sec.  88.07(a) to capitalize the 
words ``inland navigation rules.''

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes or E.O.s.

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. The provisions of this final rule are technical 
and non-substantive; they will have no substantive effect on the public 
and will impose no additional costs. This final rule is not a 
significant regulatory action under section 3(f) of E.O. 12866 as 
supplemented by E.O. 13563, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of E.O. 12866. The 
Office of Management and Budget (OMB) has not reviewed it under E.O. 
12866.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules 
exempt from the notice and comment requirements of the Administrative 
Procedure Act 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 final 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 this 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 Mr. Mugo Macharia by phone at 
202-372-1472 or via email at [email protected].

[[Page 68621]]

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 E.O. 13132 
(``Federalism'') if it has a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. We have analyzed this rule under that order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.

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 1 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 final rule will not cause a taking of private property or 
otherwise have taking implications under E.O. 12630 (``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'').

H. Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988 (``Civil Justice Reform''), to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this final rule under E.O. 13045 (``Protection of 
Children from Environmental Health Risks and Safety Risks''). This 
final rule is not an economically significant rule and would not create 
an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This final rule does not have tribal implications under E.O. 13175 
(``Consultation and Coordination with Indian Tribal Governments''), 
because it would 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 final rule under E.O. 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 E.O. 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of OMB's 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 E.O. 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
Note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
OMB, 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 final 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 (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 final rule involves 
regulations that are editorial or procedural, or that concern internal 
agency functions or organizations. An environmental analysis checklist 
and a categorical exclusion determination are available in the docket 
for this final rule where indicated under ADDRESSES.

List of Subjects

33 CFR Part 83

    Navigation (water), Waterways.

33 CFR Part 84

    Navigation (water), Waterways.

33 CFR Part 88

    Navigation (water), Waterways.

    For the reasons discussed in the preamble, under the authority of 
33 CFR 1.05-1, the Coast Guard amends 33 CFR parts 83, 84, and 88 as 
follows:

PART 83--RULES

0
1. The authority citation for part 83 continues to read as follows:

    Authority:  Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


Sec.  83.06  [Amended]

0
2. In Sec.  83.06, in paragraph (a)(iv), remove the word ``shores'' and 
add in its place the word ``shore''.


Sec.  83.18  [Amended]

0
3. In Sec.  83.18, in paragraphs (e) and (f)(ii), remove the citation 
``Sec. Sec.  83.4'', wherever it appears, and add in its place 
``Sec. Sec.  83.04''.

0
4. In Sec.  83.22, revise paragraph (c) to read as follows:


Sec.  83.22  Visibility of lights (Rule 22).

* * * * *
    (c) In a vessel of less than 12 meters in length--
    (i) A masthead light, 2 miles;
    (ii) A sidelight, 1 mile;
    (iii) A sternlight, 2 miles;
    (iv) A towing light, 2 miles;
    (v) A white, red, green or yellow all-round light, 2 miles; and
    (vi) A special flashing light, 2 miles.
* * * * *

[[Page 68622]]

Sec.  83.24  [Amended]

0
5. In Sec.  83.24, in paragraph (g)(iii), after the phrase ``shall not 
exceed 100 meters:'', remove the word ``Provided'', and add in its 
place the word ``provided''.


Sec.  83.27  [Amended]

0
6. Amend Sec.  83.27 as follows:
0
a. In paragraph (b)(iii), remove the word ``when'', and add in its 
place the word ``When''; and
0
b. In paragraph (e)(ii), remove the word ``insure'' and add in its 
place the word ``ensure''.

0
7. Revise the heading for Sec.  83.30 to read as follows:


Sec.  83.30  Vessels anchored, aground and moored barges (Rule 30).

* * * * *


Sec.  83.35  [Amended]

0
8. In Sec.  83.35, in paragraph (h), remove the words ``paragraph (f)'' 
and add in their place the words ``paragraph (g)''.

PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND 
SHAPES

0
9. The authority citation for part 84 continues to read as follows:

    Authority:  Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


Sec.  84.02  [Amended]

0
10. In Sec.  84.02, in paragraph (j), after the phrase ``when engaged 
in fishing shall be'', add the word ``at''.

PART 88--ANNEX V: PILOT RULES

0
11. The authority citation for part 88 continues to read as follows:

    Authority:  Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. 
2071); Department of Homeland Security Delegation No. 0170.1.


Sec.  88.07  [Amended]

0
12. In Sec.  88.07, in paragraph (a), following the phrase ``activities 
must abide by the'', remove the phrase ``inland navigation rules'' and 
add in its place the phrase ``Inland Navigation Rules''.

    Dated: November 13, 2014.
Katia Cervoni,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2014-27257 Filed 11-17-14; 8:45 am]
BILLING CODE 9110-04-P