[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10024-10032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01938]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 5, 70, 80, 101, 104, 105, 106, 115, 117, 162, 165, and 
174

46 CFR Parts 1, 96, 160, 161, 162, 163, 173, and 178

[Docket No. USCG-2022-0323]


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

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: This final rule makes non-substantive technical, 
organizational, and conforming amendments to existing Coast Guard 
regulations. This rule is a continuation of our practice of 
periodically issuing rules to keep our regulations up-to-date and 
accurate. This rule will have no substantive effect on the regulated 
public.

DATES: This final rule is effective February 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0323 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Ms. Victoria Phoenix, Coast

[[Page 10025]]

Guard; telephone 202-372-3744, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
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
    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
CG-ENG Coast Guard Office of Design and Engineering Standards
DHS Department of Homeland Security
FR Federal Register
NVIC Navigation and Vessel Inspection Circular
OMB Office of Management and Budget
OMR Organization Modification Request
Sec.  Section
URL Uniform Resource Locator
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule. 
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), 
the Coast Guard finds that this final rule is exempt from notice and 
public comment rulemaking requirements because these changes involve 
rules of agency organization, procedure, or practice. In addition, the 
Coast Guard finds that notice and comment procedures are unnecessary 
for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of 
only technical and editorial corrections 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 final rule effective upon publication in the Federal Register.

III. Basis and Purpose

    This final rule, which becomes effective on February 16, 2023, 
makes technical and editorial corrections throughout titles 33 and 46 
of the Code of Federal Regulations (CFR). These changes are necessary 
to update authority citations, correct errors, update contact 
information, and make other non-substantive amendments that improve the 
clarity of the CFR. This rule does not create or change any substantive 
requirements.
    This final rule is issued under the authority of 5 U.S.C. 552(a) 
and 553; 14 U.S.C. 102 and 503; Department of Homeland Security (DHS) 
Delegation No. 00170.1, Revision No. 01.3; and authorities listed at 
the end of this rule for each CFR part this rule amends.

IV. Discussion of the Rule

    The Coast Guard periodically issues technical, organizational, and 
conforming amendments to existing regulations in titles 33 and 46 of 
the CFR. These technical amendments provide the public with accurate 
and current regulatory information, but do not change the effect of any 
Coast Guard regulations on the public.

A. Authority Citation Updates

    This rule updates the authority citations in 33 CFR parts 101, 104, 
105, 106, 117, 162, and 174 and 46 CFR parts 1, 96, 160, 161, 162, 163, 
173, and 178. Specifically, this rule implements the updates to DHS 
Delegation No. 00170.1, Revision No. 01.3 in 33 CFR parts 101, 104, 
105, 106, 117, 162, and 174 and 46 CFR parts 1, 96, 160, 161, 162, 163, 
173, and 178. It also reflects the repeal of 46 U.S.C. 5115 by removing 
that section from the authority citation for 46 CFR part 163. And this 
rule removes the repealed 46 U.S.C. 4104 from the authority citation 
for 46 CFR part 162.

B. Technical Amendments to Title 33 of the CFR

    In Sec.  5.9, this rule updates the website at which the public may 
obtain copies of the Auxiliary Manual (Commandant Instruction 
M16790.1(series)) and the Auxiliary Operations Policy Manual 
(Commandant Instruction M16798.3(series)). This rule revises the web 
address in this section to ``https://www.dcms.uscg.mil/directives.''
    In Sec. Sec.  70.01-1 and 70.05-20, this rule updates an outdated 
cross-reference from 33 CFR part 68 to 33 CFR part 118. This reflects 
the redesignation of 33 CFR part 68 (governing bridge lighting and 
other signals). On June 11, 1975, the Coast Guard determined that all 
bridge regulations be grouped in 33 CFR chapter I, subchapter J, 
``Bridges,'' so 33 CFR part 68 was redesignated as 33 CFR part 118.
    In Sec.  80.135, this rule updates a reference to ``Canal 
Breakwater Light 4'' in the demarcation lines set by the Convention on 
the International Regulations for Preventing Collisions at Sea, 1972 
for the Atlantic Coast from Hull, MA, to Race Point, MA. The reference 
now reads as ``Canal Breakwater Light 6'' to match the marker that was 
redesignated by the project to realign the Aids to Navigation channel.
    In Sec. Sec.  101.105 and 101.510, this rule updates references to 
Navigation and Vessel Inspection Circular (NVIC) 09-02. This rule 
replaces ``change 2'' in Sec.  101.105 and ``change 3'' in Sec.  
101.510 with ``series'' to ensure that the public will always be 
directed to the most current version of this circular (which is 
currently on change 5). This rule also updates the link for the website 
that the public can use to obtain this or other NVICs.
    In Sec. Sec.  104.267, 105.257, and 106.262, this rule replaces the 
outdated link provided for the Coast Guard's Homeport website, ``http://homeport.uscg.mil'' with the new link, ``https://homeport.uscg.mil.''
    In Sec.  105.400, this rule removes irrelevant language that 
contained a broken website link for submitting facility security plans 
electronically. The link provided did not direct the user to a 
functioning web page, so both the link and the sentence containing it 
were removed.
    In Sec.  115.60(b)(2), this rule modernizes the language to include 
email addresses and more closely align regulations with the 
requirements for public meetings in 40 CFR 1506.6(b)(3). This rule also 
clarifies the Coast Guard's options for publishing and posting notices 
of public meetings.
    In Sec.  117.237(b)(2), this rule updates the phone number of the 
Harrisburg, PA Dispatcher's Office to ``470-463-1102.''
    In Sec.  117.664, this rule corrects the misspelled ``Rainer'' to 
``Ranier.''
    In Sec.  162.75(b)(5)(vi), this rule updates the phone number for 
the Captain of the Port, New Orleans to ``504-365-2200 or 504-365-
2545.''
    In Table 5 to Sec.  165.801, this rule replaces ``Riverfront 
Marketing Group'' in line 3 with ``Go 4th New Orleans'' to maintain 
consistency with a sponsor's submission on form CG-4423, Application 
for Approval of Marine Event.
    In Sec.  165.1334, this rule corrects ``BSU'' to ``Base'' in the 
section heading to reflect the proper name of the listed Coast Guard 
base.
    In Sec.  174.31(c), this rule removes the words ``The payment'' and 
adds the words ``Proof of payment'' to clarify and align with the 
wording in 46 U.S.C. 12307(2).

C. Technical Amendments to Title 46 of the CFR

    In Sec.  1.01-10(e)(1), this rule replaces the text to reflect 
changes brought on by the 2018 Organization Modification Request (OMR). 
The 2018 OMR resulted

[[Page 10026]]

in changes in which offices are responsible for specific functions, 
created the Coast Guard's Flag State Control Division (CG-CVC-4), and 
eliminated the Coast Guard's Human Element and Ship Design Division 
(CG-ENG-1). This rule's revision of Sec.  1.01-10(e)(1) better defines 
the Coast Guard Office of Design and Engineering Standards (CG-ENG) and 
align the functional statement with CG-ENG's Strategic Business Plan.
    In Sec.  96.07-5(a), this rule replaces ``shall'' with ``must'' to 
fix a grammatical inaccuracy and to follow Federal plain language 
guidelines.
    In Sec. Sec.  160.051-5(a), 160.076-11(a), 160.077-5(a), 160.115-
5(a), 160.132-5(a), 160.133-5(a), 160.135-5(a), 160.151-5(a), 160.156-
5(a), 160.170-5(a), and 160.176-4(a), this rule removes outdated 
instructions and replaces it with updated locations, websites, and 
email addresses. These changes conform to the Office of the Federal 
Register's requirements for writing ``incorporation by reference'' 
sections.
    In Sec. Sec.  161.010-4(a), 162.017-6(a), 162.018-8(a), and 
162.050-7(a), this rule corrects a mistake from a previous rulemaking 
and replaces ``submitting the VSP electronically'' with ``electronic 
submittals.'' ``VSP'' means ``vessel security plan,'' which is 
unrelated to approving floating electric water light, safety relief 
valve, pressure-vacuum valve, or pollution prevention equipment. In 
these same sections, this rule also updates the Uniform Resource 
Locator (URL) for submitting vessel security plans electronically to 
read as ``https://www.uscg.mil/HQ/MSC.''
    In Sec.  173.095(b) and (d), this rule updates the equation. The 
way that the equation is written in the CFR, it is unclear whether the 
quantity ``(PxD)'' is to be multiplied by \2/3\ or raised to the power 
of \2/3\, so this rule corrects ``\2/3\'' to ``[supcaret]\2/3\''. The 
public regularly contacted the Marine Safety Center requesting 
clarification on how to calculate the equation. This rule clarifies 
that the quantity (PxD) is to be raised to the power of \2/3\.
    In Sec.  178.450(a), this rule corrects the typo ``Basis Drainage'' 
to ``Basic Drainage'' to help clear confusion for readers and to match 
the rest of the text, which uses ``Basic Drainage.''

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on 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.
    One additional Executive order was published to promote the goals 
of Executive Order 13610 (Identifying and Reducing Regulatory Burdens). 
Executive Order 13610 aims to modernize the regulatory systems and to 
reduce unjustified regulatory burdens and costs on the public.
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. A regulatory analysis follows.
    This rule involves non-substantive technical amendments and 
internal agency practices and procedures; it will not impose any 
additional costs. The technical amendments in this rule fit into 
categories that involve (1) correcting inadvertent typographical errors 
in the CFR; (2) modifying existing language in the CFR by addition or 
subtraction to improve the readability or clarity of regulations; (3) 
removing irrelevant information, such as expired regulatory provisions 
or cancelled reference material, and replacing outdated regulatory 
information with current information where applicable; and (4) revising 
office contact information and mailing addresses. The Coast Guard does 
not expect that there will be any additional costs conferred on the 
public or the Federal Government because none of the technical and 
editorial changes included in this rule will change existing regulatory 
requirements. A summary of these amendments by category and by CFR 
title and section are presented below in table 1.
    The unquantified benefits of the non-substantive technical 
amendments are increased accuracy of regulatory information by 
correcting erroneous information, and improved readability and clarity 
of regulations by removing redundant or confusing language and by 
removing expired or cancelled provisions that are no longer relevant. 
In addition, correcting technical items such as office contact details 
and location coordinates will improve the ability to reference and 
contact the correct entities.

     Table 1--Summary of Regulatory Changes by CFR Title and Section
------------------------------------------------------------------------
                                     Description of
   CFR title       CFR section           changes        Economic impact
------------------------------------------------------------------------
33............  Sec.  Sec.         Adds clarifying     Improves
                 70.01-1, 70.05-    language and        readability and
                 20, 80.135(b),     removes             clarity of
                 115.60(b)(2).      redundant,          regulations.
                                    confusing, or
                                    incorrect
                                    language.
46............  Sec.  Sec.         Adds clarifying     Improves
                 96.07-5(a),        language and        readability and
                 161.010-4(a).      removes             clarity of
                                    redundant,          regulations.
                                    confusing, or
                                    incorrect
                                    language.
46............  Sec.  Sec.         Removes outdated    Conforms to the
                 160.051-5(a),      instructions and    Office of the
                 160.076-11(a),     replaces it with    Federal
                 160.077-5(a),      updated             Register's
                 160.115-5(a),      locations,          requirements for
                 160.132-5(a),      websites, and       wording
                 160.133-5(a),      email addresses.    centralized
                 160.135-5(a),                          sections for
                 160.151-5(a),                          incorporation by
                 160.156-5(a),                          reference.
                 160.170-5(a),
                 160.176-4(a).
33............  Sec.  Sec.         Improves the        Corrects various
                 117.664,           accuracy of         typographical
                 165.1334,          regulatory          errors.
                 174.31(c).         information by
                                    correcting
                                    erroneous
                                    information.

[[Page 10027]]

 
46............  Sec.   173.095(b)  Improves the        Corrects various
                 and (d).           accuracy of         typographical
                                    regulatory          errors. And,
                                    information by      reduces the
                                    correcting          public from
                                    erroneous           contacting the
                                    information         Marine Safety
                                    concerning an       Center
                                    equation.           requesting
                                                        clarification on
                                                        how to calculate
                                                        the equation.
33............  Sec.   165.801     Removes or          Improves
                 Table 5, Row 3.    replaces expired    readability by
                                    or cancelled        removing or
                                    references or       replacing
                                    provisions.         irrelevant and
                                                        outdated
                                                        information.
46............  Sec.   1.01-       Reflects changes    Improves
                 10(e)(1).          brought on by the   readability by
                                    2018 Organization   removing or
                                    Modification        replacing
                                    Request (OMR).      irrelevant and
                                                        outdated
                                                        information.
46............  Sec.  Sec.         Removes or          Improves
                 162.017-6(a),      replaces expired    readability by
                 162.018-8(a),      or cancelled        removing or
                 162.050-7(a).      references or       replacing
                                    provisions.         irrelevant and
                                                        outdated
                                                        information.
------------------------------------------------------------------------

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this 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, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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.

D. Collection of Information

    This rule calls for no new or revised 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 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 Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. Unfunded Mandates

    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. Although this rule will not result 
in such 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 will not create an 
environmental risk to health or risk to safety that might 
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 will 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.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through 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 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 DHS Management Directive 023-01, 
Rev. 1, associated implementing instructions, and Environmental 
Planning COMDTINST 5090.1 (series),

[[Page 10028]]

which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a determination that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble. This 
rule is categorically excluded under paragraph L54 of Appendix A, Table 
1 of DHS Instruction Manual 023-01-001-01, Rev 1. Paragraph L54 
pertains to regulations which are administrative or procedural, such as 
those updating addresses or establishing application procedures. This 
rule involves making non-substantive technical, organizational, and 
conforming amendments to existing Coast Guard regulations to keep our 
regulations up-to-date and accurate.

List of Subjects

33 CFR Part 5

    Volunteers.

33 CFR Part 70

    Navigation (water), Penalties.

33 CFR Part 80

    Navigation (water), Treaties, Waterways.

33 CFR Part 101

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

33 CFR Part 104

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

33 CFR Part 105

    Maritime security, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

33 CFR Part 106

    Continental shelf, Maritime security, Reporting and recordkeeping 
requirements, Security measures.

33 CFR Part 115

    Administrative practice and procedure, Bridges, Reporting and 
recordkeeping requirements.

33 CFR Part 117

    Bridges.

33 CFR Part 162

    Navigation (water), Waterways.

33 CFR Part 165

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

33 CFR Part 174

    Intergovernmental relations, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 96

    Cargo vessels, Marine safety, Navigation (water).

46 CFR Part 160

    Incorporation by reference, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 161

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 162

    Fire prevention, Marine safety, Oil pollution, Reporting and 
recordkeeping requirements.

46 CFR Part 163

    Marine safety.

46 CFR Part 173

    Marine safety, Vessels.

46 CFR Part 178

    Marine safety, Passenger vessels.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 5, 70, 80, 101, 104, 105, 106, 115, 117, 162, 165, and 174 
and 46 CFR parts 1, 96, 160, 161, 162, 163, 173, and 178 as follows:

Title 33--Navigation and Navigable Waters

PART 5--COAST GUARD AUXILIARY

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

    Authority: 14 U.S.C. 503, 3901, 3902, 3903, 3904, 3905, 3907, 
3908, 3909, 3910, 3911, 3912, 3913, 4102.


Sec.  5.9   [Amended]

0
2. In Sec.  5.9, remove the text ``http://www.uscg.mil/auxiliary/publications/comdtinst/'' and add, in its place, the text ``https://www.dcms.uscg.mil/directives''.

PART 70--INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION

0
3. The authority citation for part 70 continues to read as follows:

    Authority: 33 U.S.C. 408, 411, 412; 14 U.S.C. 501, 503, 543, 
545, 546.


Sec.  70.01-1   [Amended]

0
4. In Sec.  70.01-1, remove the text ``67, or 68 of this subchapter'' 
and add, in its place, the text ``67, or 118 of this chapter''.


Sec.  70.05-20   [Amended]

0
5. In Sec.  70.05-20, remove the text ``Part 64, 66, 67, or 68 of this 
subchapter'' and ``46 CFR 4'' and add, in their places, the text ``part 
64, 66, 67, or 118 of this chapter'' and ``46 CFR part 4'', 
respectively.

PART 80--COLREGS DEMARCATION LINES

0
6. The authority citation for part 80 continues to read as follows:

    Authority: 14 U.S.C. 102, 503; 33 U.S.C. 151(a).


Sec.  80.135  [Amended]

0
7. In Sec.  80.135(b), remove the text ``Light 4'' and add, in its 
place, the text ``Light 6''.

PART 101--MARITIME SECURITY: GENERAL

0
8. The authority citation for part 101 is revised to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70052, Chapter 701; E.O. 
12656, 53 FR 47491, 3 CFR, 1988 Comp., p. 585; 33 CFR 1.05-1, 6.04-
11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision No. 
01.3.


Sec.  101.105  [Amended]

0
9. In Sec.  101.105, amend the definition of ``Area Maritime Security 
(AMS) Committee'' as follows:
0
a. Remove the text ``change 2'' and add, in its place, the text 
``series''; and
0
b. Remove the text ``http://www.uscg.mil/hq/cg5/nvic/'' and add, in its 
place, the text ``https://www.dco.uscg.mil/Our-Organization/NVIC/''.


Sec.  101.510  [Amended]

0
10. Amend Sec.  101.510 as follows:
0
a. In the introductory text, remove the text ``http://www.uscg.mil/hq/
g-m/nvic'' and add, in its place, the text ``https://www.dco.uscg.mil/
Our-Organization/NVIC/''; and
0
b. In paragraph (a), remove the text ``change 3'' and add, in its 
place, the text ``series''.

[[Page 10029]]

PART 104--MARITIME SECURITY: VESSELS

0
11. The authority citation for part 104 is revised to read as follows:

    Authority: 46 U.S.C. 70051, 70116, Chapter 701; 33 CFR 1.05-1, 
6.04-11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision 
No. 01.3.


Sec.  104.267   [Amended]

0
12. In Sec.  104.267(b)(2) introductory text, remove the text ``http://homeport.uscg.mil'' and add, in its place, the text ``https://homeport.uscg.mil''.

PART 105--MARITIME SECURITY: FACILITIES

0
13. The authority citation for part 105 is revised to read as follows:

    Authority:  46 U.S.C. 70034, 70103, 70116; sec. 811, Pub. L. 
111-281, 124 Stat. 2905 (46 U.S.C. 70103 note); 33 CFR 1.05-1, 6.04-
11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision No. 
01.3.


Sec.  105.257   [Amended]

0
14. In Sec.  105.257(b)(2) introductory text, remove the text ``http://homeport.uscg.mil'' and add, in its place, the text ``https://homeport.uscg.mil''.


Sec.  105.400  [Amended]

0
15. In Sec.  105.400(b), remove the second sentence.

PART 106--MARINE SECURITY: OUTER CONTINENTAL SHELF (OC) FACILITIES

0
16. The authority citation for part 106 is revised to read as follows:

    Authority: 46 U.S.C. 70051, 70116, Chapter 701; 33 CFR 1.05-1, 
6.04-11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision 
No. 01.3.


Sec.  106.262  [Amended]

0
17. In Sec.  106.262(b)(2) introductory text, remove the text ``http://homeport.uscg.mil'' and add, in its place, the text ``https://homeport.uscg.mil''.

PART 115--BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE 
PROCEDURES

0
18. The authority citation for part 115 continues 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. 503.


0
19. In Sec.  115.60, revise paragraph (b)(2) to read as follows:


Sec.  115.60  Procedures for handling applications for bridge permits.

* * * * *
    (b) * * *
    (2) Notice of the public meeting will be published in the Federal 
Register. Notice of the meeting is also emailed or mailed to State, 
county, municipal authorities, and all other known interested parties. 
It may also be posted in public places in the vicinity of the project 
or published in local publications and through local media channels, or 
both.
* * * * *

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
20. The authority citation for part 117 is revised to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No. 
00170.1, Revision No. 01.3.


Sec.  117.237  [Amended]

0
21. In Sec.  117.237(b)(2), remove the text ``(717) 541-2140'' and add, 
in its place, the text ``470-463-1102''.


Sec.  117.664  [Amended]

0
22. In Sec.  117.664, remove the word ``Rainer'' and add, in its place, 
the word ``Ranier''.

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
23. The authority citation for part 162 is revised to read as follows:

    Authority: 46 U.S.C. 70034; DHS Delegation No. 00170.1, Revision 
No. 01.3.


Sec.  162.75  [Amended]

0
24. In Sec.  162.75(b)(5)(vi), remove the text ``504-846-5923'' and 
add, in its place, the text ``504-365-2200 or 504-365-2545''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
26. In Sec.  165.801, revise row 3 in table 5 to read as follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

* * * * *

   Table 5 of Sec.   165.801--Sector New Orleans Annual and Recurring
                              Safety Zones
------------------------------------------------------------------------
                                          Sector New
        Date           Sponsor/name    Orleans location    Safety zone
------------------------------------------------------------------------
 
                              * * * * * * *
3. July 4th........  Go 4th New        Mississippi       Mississippi
                      Orleans/          River, New        River mile
                      Independence      Orleans, LA.      marker 94.3 to
                      Day Celebration.                    95.3, New
                                                          Orleans, LA.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  165.1334   [Amended]

0
27. In Sec.  165.1334, the heading is amended by removing the text 
``BSU'' and adding, in its place, the text ``Base''.

PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS

0
28. The authority citation for part 174 is revised to read as follows:

    Authority: 46 U.S.C. 6101 and 12302; DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  174.31   [Amended]

0
29. In Sec.  174.31(c), remove the words ``The payment'' and add, in 
its place, the words ``Proof of payment''.

[[Page 10030]]

Title 46--Shipping

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

0
30. The authority citation for part 1 is revised to read as follows:

    Authority: 5 U.S.C. 552; 6 U.S.C. 111, 468, 552; 14 U.S.C. 503; 
46 U.S.C. 7701; 46 U.S.C. Chapter 93; DHS Delegation No. 00170.1, 
Revision No. 01.3; Sec.  1.01-35 also issued under the authority of 
44 U.S.C. 3507; and Sec.  1.03-55 also issued under the authority of 
46 U.S.C. 3306(j).


0
31. In Sec.  1.01-10, revise paragraph (e)(1) to read as follows:


Sec.  1.01-10   Organization.

* * * * *
    (e) * * *
    (1) The Chief, Office of Design and Engineering Standards (CG-ENG), 
at Headquarters, under the direction of the Assistant Commandant for 
Prevention Policy (CG-5P) and the Director of Commercial Regulations 
and Standards (CG-5PS), develops and maintains national regulations and 
standards that govern the safe design, engineering, and construction of 
ships and shipboard equipment; establishes policy, provides technical 
clarifications, and resolves appeals; and represents the United States 
at the International Maritime Organization (IMO) and is actively 
engaged in standards committees and classification society rules 
committees in support of marine safety, security and environmental 
stewardship.
* * * * *

PART 96--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
32. The authority citation for part 96 is revised to read as follows:

    Authority:  46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.


Sec.  96.07-5   [Amended]

0
33. In Sec.  96.07-5(a), remove the text ``shall'' and ``Subpart 90.35 
of this subchapter'' and add, in their places, the text ``must'' and 
``46 CFR part 90, subpart 90.35'', respectively.

PART 160--LIFESAVING EQUIPMENT

0
34. The authority citation for part 160 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3103, 3306, 3703, 4102, 4302, and 
4502; and DHS Delegation No. 00170.1, Revision No. 01.3.


0
35. In Sec.  160.051-5, revise paragraph (a) to read as follows:


Sec.  160.051-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the source in the following paragraph of this 
section.
* * * * *

0
36. In Sec.  160.076-11, revise paragraph (a) to read as follows:


Sec.  160.076-11  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the source in the following paragraph of this 
section.
* * * * *

0
37. In Sec.  160.077-5, revise paragraph (a) to read as follows:


Sec.  160.077-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
38. In Sec.  160.115-5, revise paragraph (a) to read as follows:


Sec.  160.115-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the source in the following paragraph of this 
section.
* * * * *

0
39. In Sec.  160.132-5, revise paragraph (a) to read as follows:


Sec.  160.132-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the

[[Page 10031]]

sources in the following paragraphs of this section.
* * * * *

0
40. In Sec.  160.133-5, revise paragraph (a) to read as follows:


Sec.  160.133-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
41. In Sec.  160.135-5, revise paragraph (a) to read as follows:


Sec.  160.135-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
42. In Sec.  160.151-5, revise paragraph (a) to read as follows:


Sec.  160.151-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
43. In Sec.  160.156-5, revise paragraph (a) to read as follows:


Sec.  160.156-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
44. In Sec.  160.170-5, revise paragraph (a) to read as follows:


Sec.  160.170-5  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

0
45. In Sec.  160.176-4, revise paragraph (a) to read as follows:


Sec.  160.176-4  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at Coast Guard 
Headquarters and at the National Archives and Records Administration 
(NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast 
Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 
20593-7509; or email [email protected] or visit https://www.dco.uscg.mil/CG-ENG-4/. For information on the availability of this 
material at NARA, email: [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the sources in the following paragraphs of this 
section.
* * * * *

PART 161--ELECTRICAL EQUIPMENT

0
46. The authority citation for part 161 is revised to read as follows:

    Authority: 46 U.S.C. 3306, 3703, 4302; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 
01.3.


Sec.  161.010-4  [Amended]

0
47. In Sec.  161.010-4(a), remove the text ``submitting the VSP 
electronically'' and ``http://www.uscg.mil/HQ/MSC'' and add, in their 
places, the text ``electronic submittals'' and ``https://www.uscg.mil/HQ/MSC'', respectively.

PART 162--ENGINEERING EQUIPMENT

0
48. The authority citation for part 162 is revised to read as follows:

    Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4302; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  162.017-6  [Amended]

0
49. In Sec.  162.017-6(a), remove the text ``submitting the VSP 
electronically'' and ``http://www.uscg.mil/HQ/MSC'' and

[[Page 10032]]

add, in their places, the text ``electronic submittals'' and ``https://www.uscg.mil/HQ/MSC'', respectively.


Sec.  162.018-8  [Amended]

0
50. In Sec.  162.018-8(a), remove the text ``submitting the VSP 
electronically'' and ``http://www.uscg.mil/HQ/MSC'' and add, in their 
places, the text ``electronic submittals'' and ``https://www.uscg.mil/HQ/MSC'', respectively.


Sec.  162.050-7  [Amended]

0
51. In Sec.  162.050-7(a), remove the text ``submitting the VSP 
electronically'' and ``http://www.uscg.mil/HQ/MSC'' and add, in their 
places, the text ``electronic submittals'' and ``https://www.uscg.mil/HQ/MSC'', respectively.

PART 163--CONSTRUCTION

0
52. The authority citation for part 163 is revised to read as follows:

    Authority: 46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.

PART 173--SPECIAL RULES PERTAINING TO VESSEL USE

0
53. The authority citation for part 173 is revised to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2113, 3306, 5115; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 
00170.1, Revision No. 01.3.


0
54. In Sec.  173.095, revise the equations in paragraphs (b) and (d) to 
read as follows:


Sec.  173.095  Towline pull criterion.

* * * * *
    (b) * * *
    [GRAPHIC] [TIFF OMITTED] TR16FE23.015
    
* * * * *

PART 178--INTACT STABILITY AND SEAWORTHINESS

0
55. The authority citation for part 178 is revised to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 3306, 3703; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 
00170.1, Revision No. 01.3.


Sec.  178.450   [Amended]

0
56. In Sec.  178.450(a), remove the text ``Basis Drainage'' and add, in 
its place, the text ``Basic Drainage''.

    Dated: January 25, 2023.
Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2023-01938 Filed 2-15-23; 8:45 am]
BILLING CODE 9110-04-P