Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 3217 

(iii) Based on the Guidelines 

contained in appendix A to part 501 of 

this chapter, concludes that an 

administrative response is warranted 

but that a civil monetary penalty is not 

the most appropriate response. 

(2) An initial Finding of Violation 

shall be in writing and may be issued 

whether or not another agency has taken 

any action with respect to the matter. 

For additional details concerning 

issuance of a Finding of Violation, see 

appendix A to part 501 of this chapter. 

(b) Response—(1) Right to respond. 

An alleged violator has the right to 

contest an initial Finding of Violation 

by providing a written response to 

OFAC. 

(2) Deadline for response; Default 

determination. A response to an initial 

Finding of Violation must be made 

within 30 days as set forth in paragraphs 

(b)(2)(i) and (ii) of this section. The 

failure to submit a response within 30 

days shall be deemed to be a waiver of 

the right to respond, and the initial 

Finding of Violation will become final 

and will constitute final agency action. 

The violator has the right to seek 

judicial review of that final agency 

action in federal district court. 

(i) Computation of time for response. 

A response to an initial Finding of 

Violation must be postmarked or datestamped by the U.S. Postal Service (or 

foreign postal service, if mailed abroad) 

or courier service provider (if 

transmitted to OFAC by courier), or 

dated if sent by email, on or before the 

30th day after the postmark date on the 

envelope in which the initial Finding of 

Violation was served or date the Finding 

of Violation was sent by email. If the 

initial Finding of Violation was 

personally delivered by a non-U.S. 

Postal Service agent authorized by 

OFAC, a response must be postmarked 

or date-stamped on or before the 30th 

day after the date of delivery. 

(ii) Extensions of time for response. If 

a due date falls on a federal holiday or 

weekend, that due date is extended to 

include the following business day. Any 

other extensions of time will be granted, 

at the discretion of OFAC, only upon 

specific request to OFAC. 

(3) Form and method of response. A 

response to an initial Finding of 

Violation need not be in any particular 

form, but it must be typewritten and 

signed by the alleged violator or a 

representative thereof (electronic 

signature is acceptable), contain 

information sufficient to indicate that it 

is in response to the initial Finding of 

Violation, and include the OFAC 

identification number listed on the 

initial Finding of Violation. The 

response must be sent to OFAC’s Office 

of Compliance and Enforcement by mail 

or courier or email and must be 

postmarked or date-stamped in 

accordance with paragraph (b)(2) of this 

section. 

(4) Information that should be 

included in response. Any response 

should set forth in detail why the 

alleged violator either believes that a 

violation of the regulations did not 

occur and/or why a Finding of Violation 

is otherwise unwarranted under the 

circumstances, with reference to the 

General Factors Affecting 

Administrative Action set forth in the 

Guidelines contained in appendix A to 

part 501 of this chapter. The response 

should include all documentary or other 

evidence available to the alleged 

violator that supports the arguments set 

forth in the response. OFAC will 

consider all relevant materials 

submitted in the response. 

(c) Determination—(1) Determination 

that a Finding of Violation is warranted. 

If, after considering the response, OFAC 

determines that a final Finding of 

Violation should be issued, OFAC will 

issue a final Finding of Violation that 

will inform the violator of its decision. 

A final Finding of Violation shall 

constitute final agency action. The 

violator has the right to seek judicial 

review of that final agency action in 

federal district court. 

(2) Determination that a Finding of 

Violation is not warranted. If, after 

considering the response, OFAC 

determines a Finding of Violation is not 

warranted, then OFAC will inform the 

alleged violator of its decision not to 

issue a final Finding of Violation. 

Note 1 to paragraph (c)(2). A 

determination by OFAC that a final Finding 

of Violation is not warranted does not 

preclude OFAC from pursuing other 

enforcement actions consistent with the 

Guidelines contained in appendix A to part 

501 of this chapter. 

(d) Representation. A representative 

of the alleged violator may act on behalf 

of the alleged violator, but any oral 

communication with OFAC prior to a 

written submission regarding the 

specific alleged violations contained in 

the initial Finding of Violation must be 

preceded by a written letter of 

representation, unless the initial 

Finding of Violation was served upon 

the alleged violator in care of the 

representative. 

Subpart H—Procedures 

§ 590.801 Procedures. 

For license application procedures 

and procedures relating to amendments, 

modifications, or revocations of 

licenses; administrative decisions; 

rulemaking; and requests for documents 

pursuant to the Freedom of Information 

and Privacy Acts (5 U.S.C. 552 and 

552a), see part 501, subpart E, of this 

chapter. 

§ 590.802 Delegation of certain authorities 

of the Secretary of the Treasury. 

Any action that the Secretary of the 

Treasury is authorized to take pursuant 

to E.O. 13581 of July 24, 2011, as 

amended by E.O. 13863 of March 15, 

2019, and any further Executive orders 

relating to the national emergency 

declared in E.O. 13581, may be taken by 

the Director of OFAC or by any other 

person to whom the Secretary of the 

Treasury has delegated authority so to 

act. 

Subpart I—Paperwork Reduction Act 

§ 590.901 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) of information 

collections relating to recordkeeping 

and reporting requirements, licensing 

procedures, and other procedures, see 

§ 501.901 of this chapter. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a valid control number 

assigned by OMB. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2022–01072 Filed 1–20–22; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 1, 6, 62, 151, 160, and 173 

46 CFR Parts 4, 5, 7, 11, 13, 15, 31, 67, 

71, 91, 107, 126, 144, 147, 172, and 189 

[Docket No. USCG–2021–0348] 

Navigation and Navigable Waters, and 

Shipping; Technical, Organizational, 

and Conforming Amendments 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: This final rule makes nonsubstantive 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. 


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3218 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 

This rule will have no substantive effect 

on the regulated public. 

DATES: This final rule is effective 

January 21, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0348 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 Victoria Phoenix, Coast Guard; 

telephone 202–372–3744, email 

victoria.phoenix@uscg.mil. 

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 

AIS Automatic Identification System 

AtoN Aids to Navigation 

Authorization Act Frank LoBiondo 

Coast Guard Authorization Act of 

2018 

CFR Code of Federal Regulations 

COMDTINST Commandant Instruction 

DHS Department of Homeland 

Security 

FR Federal Register 

GRT Gross Register Tonnage 

GT Gross Tonnage 

ICGB International Cargo Gear Bureau 

IMO International Maritime 

Organization 

NCB National Cargo Bureau 

NOV Notice of Violation 

NVDC National Vessel Documentation 

Center 

OMB Office of Management and 

Budget 

RO Code Code for Recognized 

Organizations 

§ Section 

S&R NCOE Suspension and 

Revocation National Center of 

Expertise 

SNPRM Supplemental notice of public 

rulemaking 

STCW final rule Implementation of the 

Amendments to the International 

Convention on Standards of Training, 

Certification, and Watchkeeping for 

Seafarers, 1978, and Changes to 

National Endorsements final rule (78 

FR 77796, December 24, 2013) 

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 January 21, 2022, 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), 14 U.S.C. 

102 and 503; the Department of 

Homeland Security’s (DHS) DHS 

Delegation No. 00170.1, Revision No. 

01.2; 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 6, 62, 151, 160, 

and 173, and 46 CFR parts 4, 5, 7, 11, 

13, 15, 31, 67, 71, 91, 107, 126, 144, 147, 

172, and 189. On December 4, 2018, 

Congress enacted the Frank LoBiondo 

Coast Guard Authorization Act of 2018 

(Authorization Act), Public Law 115– 

282, 132 Stat. 4192. The Authorization 

Act redesignated multiple provisions 

within Titles 14, 33, 46, and 50 of the 

U.S. Code (U.S.C.), without substantive 

change, in an effort to reorganize these 

titles. The Coast Guard often uses the 

affected statutory provisions as 

authority for issuing regulations related 

to maritime safety and security. This 

rule updates statutory authority 

citations that were inadvertently 

omitted from updating when the Coast 

Guard redesignated statutory authorities 

throughout titles 33 and 46 of the CFR 

in response to the Authorization Act (85 

FR 58268, Sept. 18, 2020). 

This rule also corrects errors in the 

authority citations for 33 CFR part 160 

and 46 CFR part 67. The updates will 

correct the omission in 33 CFR part 160 

of the word ‘‘Chapter’’ when referring to 

authority deriving from Title 46 U.S.C 

Chapter 701 (46 U.S.C. 70101–70132). 

Also, we are moving the reference to 

‘‘46 U.S.C. 70011’’ in the first sentence 

of the part 160 citation to the second 

sentence, where it was meant to replace 

‘‘33 U.S.C. 1225,’’ which previously 

appeared in the second sentence. The 

second sentence listed additional 

authorities for subpart C of part 160. For 

46 CFR part 67, we are correcting a 

reference to ‘‘4 U.S.C. 664’’ that was 

intended to reference 14 U.S.C. 664. 

Finally, this rule updates the 

authority citations in 33 CFR subpart 

1.07, 33 CFR parts 62, 151, 160, and 

173, and 46 CFR parts 4, 5, 7, 11, 13, 

15, 31, 67, 71, 91, 107, 126, 144, 147, 

172, and 189 to reflect the adoption of 

Revision No. 01.2 for DHS Delegation 

00170.1 and to use the preferred 

terminology for this delegation. 

B. Technical Amendments to Title 33 of 

the CFR 

In § 1.07–5(c), this rule amends the 

definition of ‘‘issuing officer’’ by adding 

qualified civilians to the list of Coast 

Guard personnel who may issue a notice 

of violation (NOV). Previously, the 

definition only provided that Coast 

Guard commissioned, warrant, or petty 

officers could issue NOVs. These 

officers do investigate potential 

violations; however, an increasing 

number of investigating officers are 

civilian employees of the Coast Guard. 

These civilians have the same training 

and apply the same policies as 

uniformed issuing officers. Adding 

qualified civilians to the definition of 

‘‘issuing officer’’ will not change the 

frequency or type of NOV issued. 

Revising the CFR to add qualified 

civilians is a matter of agency 


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Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 3219 

management and personnel as described 

in 5 U.S.C. 553(a)(2). It is therefore 

exempt from 5 U.S.C. 553 procedures, 

and requires no prior notice or 

opportunity for public comment and no 

delay of effective date. 

In § 6.04–1, this rule adds new 

paragraph (d) to direct readers to the 

appeal mechanism for decisions and 

actions by a Captain of the Port in 33 

CFR 160.7. This provision does not 

modify the appeal mechanism in any 

way, but is intended as a convenience 

for readers who may not expect the 

appeals process for 33 CFR part 6 

actions to be located in 33 CFR 160.7. 

In § 62.52(b), this rule updates the 

reference to ‘‘real’’ Automatic 

Identification System (AIS) Aids to 

Navigation (AtoN) ‘‘physically fitted to 

the AtoN’’ to a ‘‘physical’’ AIS ‘‘fitted to 

the AtoN,’’ in keeping with an 

internationally agreed upon lexicon 

change. 

In § 151.66(c)(3)(iv), this rule removes 

the entire paragraph governing keeping 

records and reporting of the discharge of 

bulk dry cargo residue on the Great 

Lakes using Coast Guard Form CG–33. 

The requirement to use Form CG–33 

and submit quarterly reports to the 

Coast Guard expired on February 28, 

2015, but unclear wording caused 

confusion and unnecessary reporting 

burdens on Great Lakes vessel owners 

and operators. There is no longer a 

requirement to use this specific form or 

submit it to the Coast Guard, but the 

recordkeeping requirement remains in 

force. The Coast Guard’s Office of 

Operating and Environmental Standards 

has published a Maritime Commons 

blog post and worked with the Coast 

Guard’s Ninth District to remind U.S. 

and Canadian vessel owners to 

communicate this to their employees. 

This rule also redesignates existing 

§ 151.66(c)(3)(v) as § 151.66(c)(3)(iv), 

and amends it to remove the reference 

to Form CG–33. The required record 

may be in any written format. 

In § 173.57, this rule removes 

paragraph (b) governing the required 

content of a casualty report filed prior 

to January 1, 2017, as that date has 

passed and the paragraph is no longer 

relevant. Additionally, we have 

removed the January 1, 2017, date from 

the existing paragraph (c) and 

redesignated that paragraph as 

paragraph (b). 

C. Technical Amendments to Title 46 of 

the CFR 

In § 4.40–5(d)(3), this rule revises the 

definition of ‘‘major marine casualty’’ to 

apply to property damage initially 

estimated at $2,000,000 or more, rather 

than $500,000 as provided in the 

current regulations. This new language 

reflects Section 211 of the Save Our 

Seas Act of 2018 (Pub. L. 115–265, 132 

Stat. 3742), which amended section 

6101(i)(3) of Title 46, U.S.C., to increase 

the dollar amount for property damage 

to qualify a casualty involving a vessel 

as a ‘‘major marine casualty’’ from 

$500,000 to $2,000,000. 

In § 5.713(b), this rule amends the 

mailing address for appeals to the 

National Transportation Safety Board to 

allow appeal briefs and communications 

to be sent directly to the Suspension 

and Revocation National Center of 

Expertise (S&R NCOE) office located in 

Martinsburg, West Virginia. The address 

change will not impact the designation 

of the Chief Counsel of the Coast Guard 

as the Commandant’s representative in 

these matters. In accordance with Coast 

Guard policy, the Chief Counsel has 

attorneys detailed to the S&R NCOE 

office in Martinsburg, West Virginia 

office as primary contacts for 

suspension and revocation appellate 

matters. Changing the address to the 

Martinsburg, West Virginia office will 

ensure all written and electronic 

correspondence is received in a timely 

manner. 

In § 7.30, this rule reflects the 

disestablishment of Ambrose Light and 

the conversion of Highlands Light to a 

Private Aid. Additionally, this rule 

provides specific coordinates and 

(where applicable) Light List Numbers 

for East Rockaway Inlet Breakwater 

Light, the former Ambrose Light, and 

Highlands Light. 

In § 11.410(c), this rule corrects an 

error introduced in the 2013 

Implementation of the Amendments to 

the International Convention on 

Standards of Training, Certification, and 

Watchkeeping for Seafarers, 1978, and 

Changes to National Endorsements final 

rule (78 FR 77796, December 24, 2013) 

(STCW final rule) to limiting an officer’s 

endorsement obtained with an orally 

assisted examination to vessels of 200 

gross register tonnage (GRT), rather than 

500 GRT as currently indicated in 

paragraph (c). The Coast Guard’s intent 

can be clearly seen in current 

§ 11.201(j)(i), which provides that ‘‘any 

applicant for a deck or engineer officer 

endorsement limited to vessels less than 

200 GRT, or an officer endorsement 

limited to uninspected fishing industry 

vessels, may request an orally assisted 

examination instead of any written or 

other textual examination.’’ Conforming 

§ 11.401(c) with § 11.201(j)(i) will 

eliminate any confusion with the 

endorsements. 

In § 11.711(c), this rule replaces 

references to required pilot experience 

on vessels of 1,600 GRT or 3,000 ‘‘gross 

tonnage’’ (GT) with reference to 1,600 

‘‘gross register tonnage’’ (GRT) only. In 

the STCW final rule, the Coast Guard 

adopted the convention that it would 

use GRT when discussing national 

endorsements and GT when discussing 

Standards of Training, Certification, and 

Watchkeeping for Seafarers 

endorsements. In the Correcting 

Amendments to the STCW final rule, 

the Coast Guard decided to revert to the 

prior text of the 2013 rule, but omitted 

the convention of solely using GRT for 

national endorsements and reverted to 

the prior text without editing the 

tonnage to 1,600 GRT. As a result, the 

requirement for GRT remained, causing 

confusion in the industry. This change 

conforms paragraph (c), which refers to 

not having sufficient experience, with 

paragraphs (a), (b), and (d), which all 

use 1,600 GRT as the standard to 

determine whether the applicant has 

sufficient experience. 

In §§ 13.201(c)(3), 13.301(c)(3), 

13.401(d), and 13.501(c)(3), this rule 

changes references to Table 1 to 

§ 13.121(g) to the correct reference of 

Table 3 to § 13.121(e). In the 2013 

STCW final rule, § 13.121 was revised, 

and what had been Table 13.121(g) 

(‘‘Course topics’’ for firefighting) was 

renamed Table 3 to § 13.121(e). While in 

that same final rule, §§ 13.201(c)(3), 

13.301(c)(3), 13.401(d), and 13.501(c)(3), 

all referenced ‘‘Table 1 to § 13.121(g),’’ 

when identifying an approved 

firefighting course, § 13.121(e)(1) and (3) 

make clear that ‘‘course curricula for 

firefighting courses must consist of the 

topics identified in Table 3 to 

§ 13.121(e),’’ and that Table 1 to 

§ 13.121(e) consists of course curricula 

topics for Tankship Familiarization. 

In § 15.105(f), this rule corrects the 

cross-references defining the terms 

‘‘fishing vessel’’ and ‘‘fish-tender 

vessel’’ from 46 U.S.C. 2101(11)(a) and 

(11)(c) to 46 U.S.C. 2101(12) and (14), 

respectively. 

In § 15.812(e)(2), this rule corrects an 

error in the tables for the 2013 STCW 

final rule indicating that a Master, Mate, 

or Mate (Pilot) could serve as a pilot of 

a tank barge of greater than 10,000 GRT/ 

GT, authorized to proceed beyond the 

Boundary Line or operate on the Great 

Lakes and on a route where a First Class 

Pilot’s license or MMC officer 

endorsement is required. This is only 

true for tank barges of less than 10,000 

GRT/GT; only individuals with an 

endorsement as First Class Pilot may 

pilot tank barges greater than 10,000 

GRT/GT under such circumstances. The 

entry in Table 1 to § 15.812(e)(2) to the 

contrary is the result of a printing error; 

the Coast Guard’s intent in this matter 

can be seen in current § 15.812(b)(3), 


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3220 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations 

1 76 FR 45907 (August 1, 2011). 2The Coast Guard did make an amendment to 

§ 15.812 in the STCW final rule that was not 

contemplated in the SNPRM, but only to clarify, in 

response to public comment, that an annual 

physical examination is required for a pilot only if 

serving on a vessel greater than 1,600 GRT. 

which contains the correct 

requirements. Furthermore, this 

provision did not appear in the 

supplemental notice of proposed 

rulemaking 1 (SNPRM) that preceded the 

STCW final rule, nor was it discussed as 

a difference between the SNPRM and 

the final rule in the STCW final rule’s 

table of changes.2

In § 31.10–16(e)(1), this rule updates 

the address for the National Cargo 

Bureau (NCB), as the organization 

relocated its New York offices. 

In § 31.10–16(e)(2), this rule updates 

the address for the International Cargo 

Gear Bureau (ICGB), as the organization 

relocated its New York offices. 

In § 71.30–10(a), this rule updates 

language referring to a Coast Guard 

inspector as ‘‘he.’’ Other regulations 

referencing Coast Guard inspectors have 

already been updated or were written 

with ‘‘he or she.’’ 

In § 71.65–1(c), this rule updates the 

address for the ICGB, as the organization 

relocated its New York offices. 

In §§ 91.25–50(a) and 91.27–15(a), 

this rule updates language referring to a 

Coast Guard inspector as ‘‘he.’’ Other 

regulations referencing Coast Guard 

inspectors have already been updated or 

were written with ‘‘he or she.’’ 

In § 107.317(d), this rule updates the 

address for the ICGB, as the organization 

relocated its New York offices. 

In § 126.100, this rule updates 

language referring to a Coast Guard 

inspector as ‘‘he.’’ Other regulations 

referencing Coast Guard inspectors have 

already been updated or were written 

with ‘‘he or she.’’ 

In § 144.105, this rule removes an 

erroneous reference to the applicability 

of a nonexistent § 144.910 to the 

construction of new towing vessels, 

resulting from an editorial error in the 

2016 Inspection of Towing Vessels final 

rule (81 FR 40101, June 20, 2016). In an 

earlier in-house draft of that rule, there 

were two sections addressing operating 

station visibility (§ 144.905 for existing 

vessels, and § 144.910 for new vessels). 

Since both sections had paragraphs that 

were nearly identical, the rule drafters 

merged the requirements into § 144.905 

for the final rule, but overlooked the 

mention of § 144.910 in this section. 

There is no need to add a new reference 

to this section, since the requirements 

for new vessels are specifically 

identified in § 144.905(d) and (e). 

In §§ 147.5 and 147.40, this rule 

changes references in the section titles 

from ‘‘Commandant (CG–OES)’’ to 

‘‘Commandant (CG–ENG)’’ to match the 

contact information given in these 

sections. 

In § 172.040(b), this rule updates the 

address for the NCB, as the organization 

relocated its New York offices. 

In § 189.25–50(a), this rule updates 

language referring to a Coast Guard 

inspector as ‘‘he.’’ Other regulations 

referencing Coast Guard inspectors have 

already been updated or were written 

with ‘‘he or she.’’ 

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. Two 

additional Executive orders were 

recently published to promote the goals 

of Executive Order 13563: Executive 

Order 13609 (Promoting International 

Regulatory Cooperation) and Executive 

Order 13610 (Identifying and Reducing 

Regulatory Burdens). Executive Order 

13609 targets international regulatory 

cooperation to reduce, eliminate, or 

prevent unnecessary differences in 

regulatory requirements. 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. 

Accordingly, OMB has not reviewed it. 

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. 

TABLE 1—SUMMARY OF REGULATORY CHANGES BY CFR TITLE AND SECTION

Title Section Description of changes Economic impact 

46 ....... §§ 4.40–5(d)(3), 11.410(c), 13.201(c)(3), 

13.301(c)(3), 13.401(d), 13.501(c)(3), 

15.105(f), 15.812(e)(2), part 67,* and 

144.105.

Improves the accuracy of regulatory information by correcting erroneous information.Corrects various typographical errors. 

33 ....... §§ 1.07–5(c), 6.04–1, 62.52(b), and part 

160 *.

Adds clarifying language and removes redundant, confusing, or incorrect language.Improves readability and clarity of regulations. 

46 ....... §§ 7.30, 11.711(c), 71.30–10(a), 91.25– 

50(a), 91.27–15(a), 126.100, and 

189.25–50(a).


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TABLE 1—SUMMARY OF REGULATORY CHANGES BY CFR TITLE AND SECTION—Continued 

Title Section Description of changes Economic impact 

33 ....... §§ 151.66(c)(3)(iv) and 173.57(b) and (c) 

introductory text.

Removes or replaces expired or cancelled 

references or provisions.

Improves readability by removing or replacing irrelevant information. 

46 ....... §§ 5.713(b), 31.10–16(e)(1) and (2), 71.65– 

1(c), 107.317(d), 147.5 section heading, 

147.40, and 172.040(b).

Updates office contact information or mailing addresses.Improves the accuracy of regulatory information through administrative changes. 

* 46 CFR part 67 and 33 CFR part 160 contain editorial errors in the authority citation. This rule resolves these errors. 

The unquantified benefits of the nonsubstantive technical amendments are 

increased accuracy of regulatory 

information by correcting erroneous 

information, 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, the correction of technical 

items such as office mailing addresses 

and location coordinates will improve 

the accuracy of regulatory information 

and the ability to reference and contact 

the correct entities. 

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. 

This rule is not preceded by a notice 

of proposed rulemaking. The Regulatory 

Flexibility Act does not apply when 

notice and comment rulemaking is not 

required. Therefore, this rule is exempt 

from the requirements of the Regulatory 

Flexibility Act. This rule consists of 

technical, organizational, and 

conforming amendments and does not 

have any substantive effect on the 

regulated industry or small businesses. 

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 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 act 

ion’’ 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 (for 

example, 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, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 


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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 paragraphs A3 and L54 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

Paragraph A3 pertains to the 

promulgation of rules, issuance of 

rulings or interpretations, and the 

development and publication of 

policies, orders, directives, notices, 

procedures, manuals, advisory circulars, 

and other guidance documents of the 

following nature: (a) Those of a strictly 

administrative or procedural nature; (b) 

those that implement, without 

substantive change, statutory or 

regulatory requirements; (c) those that 

implement, without substantive change, 

procedures, manuals, and other 

guidance documents; and (d) those that 

interpret or amend an existing 

regulation without changing its 

environmental effect. Paragraph L54 

pertains to regulations which are 

editorial or procedural. This final rule 

involves non-substantive technical, 

organizational, and conforming 

amendments to existing Coast Guard 

regulations. 

List of Subjects 

33 CFR Part 1 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Penalties. 

33 CFR Part 6 

Harbors, Security measures, Vessels. 

33 CFR Part 62 

Navigation (water). 

33 CFR Part 151 

Administrative practice and 

procedure, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control. 

33 CFR Part 160 

Administrative practice and 

procedure, Harbors, Hazardous 

materials transportation, Marine safety, 

Navigation (water), Personally 

identifiable information, Reporting and 

recordkeeping requirements, Seamen, 

Vessels, Waterways. 

33 CFR Part 173 

Marine safety, Reporting and 

recordkeeping requirements. 

46 CFR Part 4 

Administrative practice and 

procedure, Drug testing, Investigations, 

Marine safety, National Transportation 

Safety Board, Nuclear vessels, Radiation 

protection, Reporting and recordkeeping 

requirements, Safety, Transportation. 

46 CFR Part 5 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Investigations, Seamen. 

46 CFR Part 7 

Law enforcement, Vessels. 

46 CFR Part 11 

Penalties, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

46 CFR Part 13 

Cargo vessels, Reporting and 

recordkeeping requirements, Seamen. 

46 CFR Part 15 

Reporting and recordkeeping 

requirements, Seamen, Vessels. 

46 CFR Part 31 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 67 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 71 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 91 

Cargo vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 107 

Marine safety, Oil and gas 

exploration, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 126 

Cargo Vessels, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 144 

Cargo vessels, Incorporation by 

reference, Marine safety, Oil and gas 

exploration, Passenger vessels, 

Reporting and recordkeeping 

requirements, Towing vessels. 

46 CFR Part 147 

Hazardous materials transportation, 

Labeling, Marine safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

46 CFR Part 172 

Cargo vessels, Hazardous materials 

transportation, Marine safety. 

46 CFR Part 189 

Marine safety, Oceanographic 

research vessels, Reporting and 

recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 1, 6, 62, 151, 160, and 173 

and 46 CFR parts 4, 5, 7, 11, 13, 15, 31, 

67, 71, 91, 107, 126, 144, 147, 172, and 

189 as follows: 

Title 33—Navigation and Navigable 

Waters 

PART 1—GENERAL PROVISIONS 

Subpart 1.07—Enforcement; Civil and 

Criminal Penalty Proceedings 

■ 1. Revise the authority citation for part 

1, subpart 1.07, to read as follows: 

Authority: 14 U.S.C. 503; 14 U.S.C 501; 33 

U.S.C. 1321(b)(6)(B); 46 U.S.C. 2103; DHS 

Delegation 00170.1, Revision No. 01.2. 

§ 1.07–5 [Amended] 

■ 2. In § 1.07–5(c), remove the text 

‘‘petty officer.’’ and add, in its place, the 

text ‘‘petty officer, or qualified 

civilian.’’. 

PART 6—PROTECTION AND 

SECURITY OF VESSELS, HARBORS, 

AND WATERFRONT FACILITIES 

■ 3. The authority citation for part 6 

continues to read as follows: 

Authority: 40 Stat. 220, as amended; 50 

U.S.C. 70051. 

■ 4. In § 6.04–1, add paragraph (d) to 

read as follows: 

§ 6.04–1 Enforcement. 

* * * * * 

(d) Actions taken and decisions made 

under this part can be appealed through 

the procedures outlined in 33 CFR 

160.7. 

PART 62—UNITED STATES AIDS TO 

NAVIGATION SYSTEM 

■ 5. Revise the authority citation for part 

62 to read as follows: 

Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 

46 U.S.C. 70031, 70041; DHS Delegation 

00170.1, Revision No. 01.2. 


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§ 62.52 [Amended] 

■ 6. In § 62.52(b), remove the text ‘‘real 

(physically’’ and add, in its place, the 

text ‘‘physical (’’. 

PART 151—VESSELS CARRYING OIL, 

NOXIOUS LIQUID SUBSTANCES, 

GARBAGE MUNICIPAL OR 

COMMERCIAL WASTE, AND BALLAST 

WATER 

■ 7. Revise the authority citation for part 

151 to read as follows: 

Authority: 33 U.S.C. 1902, 1903, 1908; 46 

U.S.C. 6101; 46 U.S.C. 70034; Pub. L. 104– 

227, 110 Stat. 3034; sec. 623, Pub. L. 108– 

293, 118 Stat. 1063; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; DHS Delegation 

00170.1, Revision No. 01.2, paragraph 

(II)(77). 

§ 151.66 [Amended] 

■ 8. Amend § 151.66 as follows: 

■ a. Remove paragraph (c)(3)(iv); 

■ b. Redesignate paragraph (c)(3)(v) as 

paragraph (c)(3)(iv); and 

■ c. In newly redesignated paragraph 

(c)(3)(iv): 

■ i. Remove the first sentence; and 

■ ii. Remove ‘‘However, records must 

still’’ and add, in its place, the words 

‘‘Records must’’. 

PART 160—PORTS AND WATERWAYS 

SAFETY—GENERAL 

■ 9. Revise the authority citation for part 

160 to read as follows: 

Authority: 46 U.S.C. 70001–70003, 70034, 

and Chapter 701; DHS Delegation 00170.1, 

Revision No. 01.2. Subpart C is also issued 

under the authority of 46 U.S.C. 3715 and 46 

U.S.C. 70011. 

PART 173—VESSEL NUMBERING AND 

CASUALTY AND ACCIDENT 

REPORTING 

■ 10. Revise the authority citation for 

part 173 to read as follows: 

Authority: 31 U.S.C. 9701; 46 U.S.C. 2110, 

6101, 12301, 12302; OMB Circular A–25; 

DHS Delegation 00170.1, Revision No. 01.2. 

§ 173.57 [Amended] 

■ 11. Amend § 173.57 as follows: 

■ a. Remove paragraph (b); 

■ b. Redesignate paragraph (c) as 

paragraph (b); and 

■ c. In the introductory text of newly 

redesignated paragraph (b), remove the 

text ‘‘As of January 1, 2017, each’’ and 

add, in its place, the word ‘‘Each’’. 

Title 46—Shipping 

PART 4—MARINE CASUALTIES AND 

INVESTIGATIONS 

■ 12. Revise the authority citation for 

part 4 to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 

2303A, 2306, 6101, 6301, 6305, 70034; 50 

U.S.C. 198; DHS Delegation 00170.1, 

Revision No. 01.2. Subpart 4.40 issued under 

49 U.S.C. 1903(a)(1)(E). 

§ 4.40–5 [Amended] 

■ 13. In § 4.40–5(d)(3), remove the text 

‘‘$500,000’’ and add, in its place, the 

text ‘‘$2,000,000’’. 

PART 5—MARINE INVESTIGATION 

REGULATIONS—PERSONNEL ACTION 

■ 14. Revise the authority citation for 

part 5 to read as follows: 

Authority: 46 U.S.C. 2103, 7101, 7301, 

7701; DHS Delegation 00170.1, Revision No. 

01.2. 

§ 5.713 [Amended] 

■ 15. Amend § 5.713(b) by removing the 

text ‘‘Commandant (CG–094), Attn: 

Judge Advocate General (JAG) and Chief 

Counsel, U.S. Coast Guard Stop 7213, 

2703 Martin Luther King Jr. Avenue SE, 

Washington, DC 20593–7213’’ and 

adding, in its place, the text 

‘‘Suspension and Revocation National 

Center of Expertise (S&R NCOE): by 

mail to U.S. Coast Guard National 

Maritime Center, S&R National Center of 

Expertise, 100 Forbes Drive, 

Martinsburg, WV 25404–7213 or 

electronically to SR-NCOE@uscg.mil’’. 

PART 7—BOUNDARY LINES 

■ 16. Revise the authority citation for 

part 7 to read as follows: 

Authority: 14 U.S.C. 503; 33 U.S.C. 151; 

DHS Delegation 00170.1, Revision No. 01.2. 

■ 17. Revise § 7.30 to read as follows: 

§ 7.30 New York Harbor, NY. 

A line drawn from East Rockaway 

Inlet Breakwater Light (LLNR 31500) at 

40°34′56.600′′ N, 073°45′17.200′′ W to 

40°27′00′′ N, 073°48′00′′ W (former 

Ambrose Light position); thence to 

Highlands Light (LLNR 35025) (Private 

aid) (north tower) at 40°23′47.640′′ N, 

073°59′09.000′′ W. 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 18. Revise the authority citation for 

part 11 to read as follows: 

Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 

46 U.S.C. 2101, 2103, and 2110; 46 U.S.C. 

chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 

and 70105; E.O. 10173, 15 FR 7005, 3 CFR, 

1949–1953 Comp., p.356; DHS Delegation 

00170.1, Revision No. 01.2. Section 11.107 is 

also issued under the authority of 44 U.S.C. 

3507. 

§ 11.410 [Amended] 

■ 19. In § 11.410(c), remove the text 

‘‘500’’ and add, in its place, the text 

‘‘200’’. 

§ 11.711 [Amended] 

■ 20. In § 11.711(c), remove the text 

‘‘1,600 GRT/3,000 GT’’ wherever it 

appears and add, in its place, the text 

‘‘1,600 GRT’’ and remove ‘‘of this 

subpart’’. 

PART 13—CERTIFICATION OF 

TANKERMEN 

■ 21. Revise the authority citation for 

part 13 to read as follows: 

Authority: 46 U.S.C. 3703, 7317, 8105, 

8703, 9102; DHS Delegation 00170.1, 

Revision No. 01.2. 

§ 13.201 [Amended] 

■ 22. In § 13.201(c)(3), remove the text 

‘‘Table 1 to § 13.121(g) of this part’’ and 

add, in its place, the text ‘‘Table 3 to 

§ 13.121(e)’’. 

§ 13.301 [Amended] 

■ 23. In § 13.301(c)(3), remove the text 

‘‘Table 1 to § 13.121(g) of this part’’ and 

add, in its place, the text ‘‘Table 3 to 

§ 13.121(e)’’. 

§ 13.401 [Amended] 

■ 24. In § 13.401(d), remove the text 

‘‘Table 1 to § 13.121(g) of this part’’ and 

add, in its place, the text ‘‘Table 3 to 

§ 13.121(e)’’. 

§ 13.501 [Amended] 

■ 25. In § 13.501(c)(3), remove the text 

‘‘Table 1 to § 13.121(g) of this part’’ and 

add, in its place, the text ‘‘Table 3 to 

§ 13.121(e)’’. 

PART 15—MANNING REQUIREMENTS 

■ 26. Revise the authority citation for 

part 15 to read as follows: 

Authority: 46 U.S.C. 2101, 2103, 3306, 

3703, 8101, 8102, 8103, 8104, 8105, 8301, 

8304, 8502, 8503, 8701, 8702, 8901, 8902, 

8903, 8904, 8905(b), 8906 and 9102; sec. 617, 

Pub. L. 111–281, 124 Stat. 2905; and DHS 

Delegation 00170.1, Revision No. 01.2. 

§ 15.105 [Amended] 

■ 27. Amend § 15.105 as follows: 

■ a. In paragraph (f)(1), remove the text 

‘‘2101(11)(a)’’ and add, in its place, the 

text ‘‘2101(12)’’; and 

■ b. In paragraph (f)(2), remove the text 

‘‘2101(11)(c)’’ and add, in its place, the 

text ‘‘2101(14)’’. 

■ 28. In § 15.812, amend Table 1 to 

paragraph (e)(2) by revising the first 

entry to read as follows: 

§ 15.812 Pilots. 

* * * * * 


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(e) * * * (2) * * * 

TABLE 1 TO § 15.812(e)(2)—QUICK REFERENCE TABLE FOR FEDERAL PILOTAGE REQUIREMENTS FOR U.S.-INSPECTED

TANK BARGES, NOT SAILING ON REGISTER

Designated areas 

of 

pilotage waters 

(routes for which 

First-Class Pilot’s 

licenses or MMC 

officer endorsements are issued) 

Non-designated areas of pilotage waters 

(between the 3-mile line and the start of traditional pilotage routes) 

Tank Barges greater than 10,000 GRT/ 

GT, authorized by their COI to proceed beyond the Boundary Line, or 

operating on the Great Lakes.

First Class Pilot ..... Master, Mate, or Master, Mate (Pilot) of towing vessels may serve as pilot if he 

or she: 

1. Is at least 21 years old; 

2. Has an annual physical exam; 2

3. Maintains current knowledge of the waters to be navigated; 1 and 

4. Has at least 6 months’ service in the deck department on towing vessels engaged in towing operations 

* * * * * * * 

1One roundtrip within the past 60 months. 

2Annual physical exam does not apply to an individual who will serve as a pilot of a tank barge of less than 1,600 GRT. 

* * * * * 

PART 31—INSPECTION AND 

CERTIFICATION 

■ 29. Revise the authority citation for 

part 31 to read as follows: 

Authority: 46 U.S.C. 2103, 3205, 3306, 

3307, 3703, 70034; 46 U.S.C. Chapter 701; 49 

U.S.C. 5103, 5106; 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 00170.1, Revision No. 01.2. 

Section 31.10–21 is also issued under the 

authority of sec. 4109, Pub. L. 101–380, 104 

Stat. 515. 

§ 31.10–16 [Amended] 

■ 30. Amend § 31.10–16 as follows: 

■ a. In paragraph (e)(1), remove the text 

‘‘17 Battery Place, Suite 1232, New 

York, NY 10004’’ and add, in its place, 

the text ‘‘180 Maiden Lane, Suite 903, 

New York, NY 10038’’; and 

■ b. In paragraph (e)(2), remove the text 

‘‘321 West 44th Street, New York, NY 

10036’’ and add, in its place, the text 

‘‘481 Eighth Avenue, New York, NY 

10001’’. 

PART 67—DOCUMENTATION OF 

VESSELS 

■ 31. Revise the authority citation for 

part 67 to read as follows: 

Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 

42 U.S.C. 9118; 46 U.S.C. 2103, 2104, 2107, 

12102, 12103, 12104, 12105, 12106, 12113, 

12133, 12139; DHS Delegation 00170.1, 

Revision No. 01.2. 

PART 71—INSPECTION AND 

CERTIFICATION 

■ 32. Revise the authority citation for 

part 71 to read as follows: 

Authority: 46 U.S.C. 2113, 3205, 3306, 

3307, 70034; 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 

00170.1, Revision No. 01.2. 

§ 71.30–10 [Amended] 

■ 33. In § 71.30–10(a), after the word 

‘‘he’’, add the words ‘‘or she’’. 

§ 71.65–1 [Amended] 

■ 34. In § 71.65–1(c), remove the text 

‘‘321 West 44th Street, New York, NY 

10036’’ and add, in its place, the text 

‘‘481 Eighth Avenue, New York, NY 

10001’’. 

PART 91—INSPECTION AND 

CERTIFICATION 

■ 35. Revise the authority citation for 

part 91 to read as follows: 

Authority: 46 U.S.C. 3205, 3306, 3307, 

70034; 46 U.S.C. Chapter 701; 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 00170.1, Revision No. 

01.2. 

§ 91.25–50 [Amended] 

■ 36. In § 91.25–50: 

■ a. In paragraph (a), after the word 

‘‘he’’, add the words ‘‘or she’’. 

■ b. Add reserved paragraph (b). 

§ 91.27–15 [Amended] 

■ 37. In § 91.27–15: 

■ a. In paragraph (a), after the word 

‘‘he’’, add the words ‘‘or she’’. 

■ b. Add reserved paragaph (b). 

PART 107—INSPECTION AND 

CERTIFICATION 

■ 38. Revise the authority citation for 

part 107 to read as follows: 

Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 

3307; 46 U.S.C. 3316; DHS Delegation 

00170.1, Revision No. 01.2. Section 107.05 is 

also issued under the authority of 44 U.S.C. 

3507. 

§ 107.317 [Amended] 

■ 39. In § 107.317(d), remove the text 

‘‘321 West 44th Street, New York, NY 

10036’’ and add, in its place, the text 

‘‘481 Eighth Avenue, New York, NY 

10001’’. 

PART 126—INSPECTION AND 

CERTIFICATION 

■ 40. Revise the authority citation for 

part 126 to read as follows: 

Authority: 46 U.S.C. 3205, 3306, 3307, 

70034; 46 U.S.C. Chapter 701; sec. 617, Pub. 

L. 111–281, 124 Stat. 2905; E.O. 11735, 38 FR 

21243, 3 CFR 1971–1975 Comp., p. 793; DHS 

Delegation 00170.1, Revision No. 01.2. 

§ 126.100 [Amended] 

■ 41. In § 126.100, after the word ‘‘he’’, 

add the words ‘‘or she’’. 

PART 144—CONSTRUCTION AND 

ARRANGEMENT 

■ 42. Revise the authority citation for 

part 144 to read as follows: 

Authority: 46 U.S.C. 3103, 3301, 3306, 

3308, 3316, 8104, 8904; 33 CFR 1.05; DHS 

Delegation 00170.1, Revision No. 01.2. 

§ 144.105 [Amended] 

■ 43. In the introductory text of 

§ 144.105, remove the text ‘‘, 144.910’’. 

PART 147—HAZARDOUS SHIPS’ 

STORES 

■ 44. Revise the authority citation for 

part 147 to read as follows: 


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Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; DHS 

Delegation 00170.1, Revision No. 01.2. 

■ 45. Revise the section heading to 

§ 147.5 to read as follows: 

§ 147.5 Commandant (CG–ENG); address. 

* * * * * 

■ 46. Revise the section heading to 

§ 147.40 to read as follows: 

§ 147.40 Materials requiring Commandant 

(CG–ENG) approval. 

* * * * * 

PART 172—SPECIAL RULES 

PERTAINING TO BULK CARGOES 

■ 47. Revise the authority citation for 

part 172 to read as follows: 

Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; DHS Delegation 00170.1, Revision No. 

01.2. 

§ 172.040 [Amended] 

■ 48. In § 172.040(b), remove the text 

‘‘17 Battery Place, Suite 1232, New 

York, New York 10004–1110’’ and add, 

in its place, the text ‘‘180 Maiden Lane, 

Suite 903, New York, NY 10038’’. 

PART 189—INSPECTION AND 

CERTIFICATION 

■ 49. Revise the authority citation for 

part 189 to read as follows: 

Authority: 46 U.S.C. 2113, 3306, 3307, 

70034; 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 

00170.1, Revision No. 01.2. 

§ 189.25–50 [Amended] 

■ 50. In § 189.25–50: 

■ a. In paragraph (a), after the word 

‘‘he’’, add the words ‘‘or she’’. 

■ b. Add reserved paragraph (b). 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2022–00804 Filed 1–20–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 36 and 42 

RIN 2900–AR41 

Federal Civil Penalties Inflation 

Adjustment Act Amendments 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is providing public notice 

of inflationary adjustments to the 

maximum civil monetary penalties 

assessed or enforced by VA, as 

implemented by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, for calendar 

year 2022. VA may impose civil 

monetary penalties for false loan 

guaranty certifications. Also, VA may 

impose civil monetary penalties for 

fraudulent claims or written statements 

made in connection with VA programs 

generally. The Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015, sets forth a formula that 

increases the maximum statutory 

amounts for civil monetary penalties 

and directs VA to give public notice of 

the new maximum amounts by 

regulation. 

DATES: Effective Date: This rule is 

effective January 21, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Li, Chief, Regulations Team, 

Loan Guaranty Service, Department of 

Veterans Affairs, 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 632– 

8862. (This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

November 2, 2015, the President signed 

into law the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (2015 Act) (Pub. L. 114–74, 

sec. 701, 129 Stat. 599), which amended 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410, 104 Stat. 890), to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The 2015 Act was codified in a note 

following 28 U.S.C. 2461. The 2015 Act 

requires agencies to publish annual 

adjustments for inflation, based on the 

percentage change between the 

Consumer Price Index (defined in the 

Act as the Consumer Price Index for allurban consumers (CPI–U) published by 

the Department of Labor) for the month 

of October preceding the date of the 

adjustment and the prior year’s October 

CPI–U. 28 U.S.C. 2461 note, secs. 4(a) 

and (b) and 5(b)(1). This rule 

implements the 2022 calendar year 

inflation adjustment amounts. 

Under 38 U.S.C. 3710(g)(4)(B), VA is 

authorized to levy civil monetary 

penalties against private lenders that 

originate VA-guaranteed loans if a 

lender falsely certifies that they have 

complied with certain credit 

information and loan processing 

standards, as set forth by chapter 37, 

title 38 U.S.C. and part 36, title 38 CFR. 

Under section 3710(g)(4)(B), any lender 

who knowingly and willfully makes 

such a false certification shall be liable 

to the United States Government for a 

civil penalty equal to two times the 

amount of the Secretary’s loss on the 

loan involved or to another appropriate 

amount, not to exceed $10,000, 

whichever is greater. VA implemented 

the penalty amount in 38 CFR 

36.4340(k)(1)(i) and (k)(3). On December 

15, 2021, the Office of Management and 

Budget (OMB) issued Circular M–22–07. 

This circular reflects that the October 

2020 CPI–U was 260.388 and the 

October 2021 CPI–U was 276.589, 

resulting in an inflation adjustment 

multiplier of 1.06222. Accordingly, the 

calendar year 2022 inflation revision 

imposes an adjustment from $23,607 to 

$25,076. 

Under 31 U.S.C. 3802, VA can impose 

monetary penalties against any person 

who makes, presents, or submits a claim 

or written statement to VA that the 

person knows or has reason to know is 

false, fictitious, or fraudulent, or who 

engages in other covered conduct. The 

statute permits, in addition to any other 

remedy that may be prescribed by law, 

a civil penalty of not more than $5,000 

for each claim. 31 U.S.C. 3802(a)(1) and 

(2). VA implemented the penalty 

amount in 38 CFR 42.3(a)(1) and (b)(1). 

As previously noted, OMB Circular M– 

22–07 reflects an inflation adjustment 

multiplier of 1.06222. Therefore, the 

calendar year 2022 inflation revision 

imposes an adjustment from $11,803 to 

$12,537. 

Accordingly, VA is revising 38 CFR 

36.4340(k)(1)(i) and (3) and 38 CFR 

42.3(a)(1) and (b)(1) to reflect the 2022 

inflationary adjustments for civil 

monetary penalties assessed or enforced 

by VA. 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

finds that there is good cause under 5 

U.S.C. 553(b)(B) and (d)(3) to dispense 

with the opportunity for prior notice 

and public comment and to publish this 

rule with an immediate effective date. 

The 2015 Act requires agencies to make 

annual adjustments for inflation to the 

allowed amounts of civil monetary 

penalties ‘‘notwithstanding section 553 

of title 5, United States Code.’’ 28 U.S.C. 

2461 note, sec. 4(a) and (b). The penalty 

adjustments, and the methodology used 

to determine the adjustments, are set by 

the terms of the 2015 Act. VA has no 

discretion to make changes in those 

areas. Therefore, an opportunity for 

prior notice and public comment and a 

delayed effective date are unnecessary. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 


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