Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33637

the underlying statute applies only to

individuals. Therefore, a regulatory

flexibility analysis under the Regulatory

Flexibility Act (5 U.S.C. chapter 6) is

not required.

Pursuant to section 7805(f) of the

Code, the notice of proposed rulemaking

preceding these regulations was

submitted to the Chief Counsel for

Advocacy of the Small Business

Administration for comment on its

impact on small business.

Drafting Information

The principal author of these

regulations is Karin Loverud, Office of

Division Counsel/Associate Chief

Counsel (Tax Exempt and Government

Entities). However, other personnel

from the IRS and the Treasury

Department participated in their

development.

List of Subjects

26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

26 CFR Part 602

Reporting and recordkeeping

requirements.

Adoption of Amendments to the

Regulations

Accordingly, 26 CFR parts 1 and 602

are amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 continues to read in part as

follows:

Authority: 26 U.S.C. 7805. * * *

Par. 2. Section 1.32–3 is added to read

as follows:

§ 1.32–3 Eligibility requirements after

denial of the earned income credit.

(a) In general. A taxpayer who has

been denied the earned income credit

(EIC), in whole or in part, as a result of

the deficiency procedures under

subchapter B of chapter 63 (deficiency

procedures) is ineligible to file a return

claiming the EIC subsequent to the

denial until the taxpayer demonstrates

eligibility for the EIC in accordance with

paragraph (c) of this section. If a

taxpayer demonstrates eligibility for a

taxable year in accordance with

paragraph (c) of this section, the

taxpayer need not comply with those

requirements for any subsequent taxable

year unless the Service again denies the

EIC as a result of the deficiency

procedures.

(b) Denial of the EIC as a result of the

deficiency procedures. For purposes of

this section, denial of the EIC as a result

of the deficiency procedures occurs

when a tax on account of the EIC is

assessed as a deficiency (other than as

a mathematical or clerical error under

section 6213(b)(1)).

(c) Demonstration of eligibility. In the

case of a taxpayer to whom paragraph

(a) of this section applies, and except as

otherwise provided by the

Commissioner in the instructions for

Form 8862, ‘‘Information To Claim

Earned Income Credit After

Disallowance,’’ no claim for the EIC

filed subsequent to the denial is allowed

unless the taxpayer properly completes

Form 8862, demonstrating eligibility for

the EIC, and otherwise is eligible for the

EIC. If any item of information on Form

8862 is incorrect or inconsistent with

any item on the return, the taxpayer will

be treated as not demonstrating

eligibility for the EIC. The taxpayer

must follow the instructions for Form

8862 to determine the income tax return

to which Form 8862 must be attached.

If the taxpayer attaches Form 8862 to an

incorrect tax return, the taxpayer will

not be relieved of the requirement that

the taxpayer attach Form 8862 to the

correct tax return and will, therefore,

not be treated as meeting the taxpayer’s

obligation under paragraph (a) of this

section.

(d) Failure to demonstrate eligibility.

If a taxpayer to whom paragraph (a) of

this section applies fails to satisfy the

requirements of paragraph (c) of this

section with respect to a particular

taxable year, the IRS can deny the EIC

as a mathematical or clerical error under

section 6213(g)(2)(K).

(e) Special rule where one spouse

denied EIC. The eligibility requirements

set forth in this section apply to

taxpayers filing a joint return where one

spouse was denied the EIC for a taxable

year prior to marriage and has not

established eligibility as either an

unmarried or married taxpayer for a

subsequent taxable year.

(f) Effective date. This section applies

to returns claiming the EIC for taxable

years beginning after December 31,

1997, where the EIC was denied for a

taxable year beginning after December

31, 1996.

§ 1.32–3T [Removed]

Par. 3. Section 1.32–3T is removed.

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 4. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 5. In § 602.101, paragraph (b) is

amended by:

1. Removing the entry for 1.32–3T

from the table.

2. Adding an entry for 1.32–3 to read

as follows:

§ 602.101 OMB Control numbers.

* * * * *

(b) * * *

CFR part or section where

identified and described

Current OMB

control No.

*****

1.32–3 ................................... 1545–1575

*****

Approved: June 20, 2001.

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Mark A. Weinberger,

Assistant Secretary of the Treasury.

[FR Doc. 01–15907 Filed 6–22–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 25, 54, 62, 64, 66, 67,

72, 100, 114, 117, 120, 151, 154, 159,

164, and 165

[USCG–2001–9286]

Technical Amendments;

Organizational Changes;

Miscellaneous Editorial Changes and

Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule makes editorial and

technical changes throughout title 33 of

the Code of Federal Regulations (CFR) to

update the title before it is recodified on

July 1, 2001. It corrects addresses,

updates cross-references, makes

conforming amendments, and makes

other technical corrections. This rule

will have no substantive effect on the

regulated public.

DATES: This final rule is effective June

30, 2001.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the Docket

Management Facility, (USCG–2001–

9286), U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington, DC,

20590–0001, between 9 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. You may also find this docket

on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If

you have questions on this rule, call

33638 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations

Robert Spears, Project Manager,

Standards Evaluation and Development

Division (G–MSR–2), Coast Guard,

telephone 202–267–1099. If you have

questions on viewing, or submitting

material to, the docket, call Dorothy

Beard, Chief, Dockets, Department of

Transportation, telephone 202–366–

5149.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. This rule

consists only of corrections and

editorial and conforming amendments

to title 33 of the Code of Federal

Regulations (CFR). These changes will

have no substantive effect on the public

and publishing an NPRM and providing

an opportunity for public comment is

unnecessary. Under 5 U.S.C. 553(d)(3),

the Coast Guard finds that, for the same

reasons, good cause exists for making

this rule effective less than 30 days after

publication in the Federal Register.

Discussion of the Rule

Each year title 33 of the Code of

Federal Regulations is recodified on July

1. This rule makes editorial changes

throughout the title, corrects addresses,

updates cross-references, and makes

other technical and editorial corrections

to be included in the recodification. It

does not change any substantive

requirements of existing regulations.

Some editorial changes are discussed

individually in the following

paragraphs.

Sections 1.07–90 and 1.07–95. These

sections are amended to incorporate the

recent delegation to Coast Guard Area

and Maintenance & Logistics Command

Commanders to refer civil penalty cases

to the Department of Justice.

Part 25. This part, on the procedures

for the administrative settlement of

claims against the Coast Guard, is

amended to reference the separate set of

requirements for claims against the Oil

Spill Liability Trust Fund in 33 CFR

part 136 and to update various

addresses.

Section 64.13. The reference in

paragraph (a) to ‘‘§ 64.10–1’’ is corrected

to read ‘‘§ 64.11’’, because § 64.10–1 was

redesignated as § 64.11 in 57 FR 43402,

September 21, 1992.

Section 100.901. The entries in table

1 for ‘‘Geneva Offshore Grand Prix,’’

‘‘Offshore Series Grand Prix,’’

‘‘Cleveland Charity Classic,’’ and

‘‘Cleveland Offshore Grand Prix’’ are

removed because these events have not

been held for several years and no

longer qualify for inclusion in this list

of annually recurring events.

Sections 120.305, 120.307, and

120.309. The function of examining

passenger vessel security plans was

transferred from the National Maritime

Center to the Marine Safety Center.

Section 165.903. This section lists the

geographical coordinates defining the

location of certain safety zones in the

Cleveland, Ohio, area. In addition to

listing a coordinate, this section

identifies familiar structures, such as

marinas or restaurants in the area to

help the boater more easily locate the

point. Some of the structures mentioned

have been renamed. This rule

incorporates the new names. The actual

location of the safety zones, as

identified by the coordinates, is not

being changed.

Sections 159.4, 159.12, 159.15,

159.17, 159.19, and 159.97. These

address changes result from the transfer

of the responsibility for equipment

approvals from Commmandant (G–MSE)

to the Engineering Systems Division of

the Marine Safety Center.

Part 165, subpart F. The heading

‘‘Thirteenth Coast Guard District’’ was

incorrectly placed in the CFR so as to

include §§ 165.1115 and 165.1116 in the

wrong Coast Guard District. This change

corrects that error.

Part 173, appendix A. Because the

vessel numbering and casualty reporting

systems for Alaska and the Northern

Mariana Islands are now approved, their

names are added to the list of State

issuing and reporting authorities in

appendix A.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979). We

expect the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. As this rule

involves internal agency practices and

procedures, it will not impose any costs

on the public.

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).

Federalism

A rule has implications for federalism

under Executive Order 13132,

Federalism, if it has a substantial direct

effect on State or local governments and

would either preempt State law or

impose a substantial direct cost of

compliance on them. We have analyzed

this rule under that Order and have

determined that it does not have

implications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 or more in any one year.

Though this rule will not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

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.

Protection of Children

We have analyzed this rule under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

an economically significant rule and

does not create an environmental risk to

health or risk to safety that may

disproportionately affect children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33639

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. It has not been designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. Therefore, it

does not require a Statement of Energy

Effects under Executive Order 13211.

Environment

We have considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraphs (34)(a) and (b) of

Commandant Instruction M16475.lC,

this rule is categorically excluded from

further environmental documentation.

These regulations are editorial or

procedural and concern internal agency

functions and organization. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Penalties.

33 CFR Part 25

Authority delegations (Government

agencies), Claims.

33 CFR Part 54

Reporting and recordkeeping

requirements, Vessels.

33 CFR Part 62

Navigation (water).

33 CFR Part 64

Navigation (water), Reporting and

recordkeeping requirements.

33 CFR Part 66

Intergovernmental relations,

Navigation (water), Reporting and

recordkeeping requirements.

33 CFR Part 67

Continental shelf, Navigation (water),

Reporting and recordkeeping

requirements.

33 CFR Part 72

Government publications, Navigation

(water).

33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 114

Bridges.

33 CFR Part 117

Bridges.

33 CFR Part 120

Security, Passenger vessels, Reporting

and recordkeeping requirements.

33 CFR Part 151

Administrative practice and

procedure, Oil pollution, Penalties,

Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 154

Fire prevention, Hazardous

substances, Oil pollution, Reporting and

recordkeeping requirements.

33 CFR Part 159

Sewage disposal, Vessels.

33 CFR Part 164

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Seamen, Security

measures, Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

33 CFR Part 173

Marine safety, Reporting and

recordkeeping requirements.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR parts 1, 25, 54, 62, 64, 66, 67, 72,

100, 114, 117, 120, 151, 154, 159, 164,

165, and 173 as follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1,

subpart 1.07, continues to read as

follows:

Authority: 14 U.S.C. 633; Sec. 6079(d),

Pub. L. 100–690, 102 Stat. 4181; 49 CFR 1.46.

§ 1.07–90 [Amended]

2. In § 1.07–90, in paragraph (b)

introductory text, remove the words

‘‘the District Commander is’’ and add, in

their place, the words ‘‘the Area,

Maintenance & Logistics Command

(MLC), and District Commanders are’’;

and, in paragraph (c), before the words

‘‘District Commander’’, add the words

‘‘Area, MLC, or’’.

§ 1.07–95 [Amended]

3. In § 1.07–95, in paragraph (a),

remove the words ‘‘the District

Commander is’’ and add, in their place,

the words ‘‘the Area, MLC, and District

Commanders are’’ and, in paragraph (b),

before the words ‘‘District Commander’’,

add the words ‘‘Area, MLC, or’’.

PART 25—CLAIMS

4. The authority citation for part 25

continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.45(a);

49 CFR 1.45(b); 49 CFR 1.46(b), unless

otherwise noted.

5. Revise § 25.101 to read as follows:

§ 25.101 Purpose.

This subpart prescribes the

requirements for the administrative

settlement of claims against the United

States, other than claims against the Oil

Spill Liability Trust Fund under part

136 of this chapter and contract claims,

but including claims arising from acts or

omissions of employees of nonappropriated fund activities within the

United States, its territories, and

possessions.

§ 25.103 [Amended]

6. In § 25.103, after the words

‘‘Atlantic’’ and ‘‘Pacific’’, add ‘‘(lc)’’.

7. In § 25.111, in paragraph (b)

introductory text, after the words

‘‘Atlantic’’ and ‘‘Pacific’’, add ‘‘(lc)’’;

and revise paragraph (b)(3) to read as

follows:

§ 25.111 Action by claimant.

(b) * * *

(3) Chief, Office of Claims and

Litigation, Chief Counsel, United States

Coast Guard, 2100 Second Street, SW.,

Washington, DC, 20593.

* * * * *

§ 25.131 [Amended]

8. In § 25.131(b), remove the word

‘‘Comptroller’’ and add, in its place, the

words ‘‘Director of Finance and

Procurement’’.

PART 54—ALLOTMENTS FROM

ACTIVE DUTY PAY FOR CERTAIN

SUPPORT OBLIGATIONS

9. The authority citation for part 54

continues to read as follows:

Authority: 42 U.S.C. 665(c).

§ 54.07 [Amended]

10. In § 54.07, remove ‘‘(913) 295–

2520’’ and add, in its place, ‘‘telephone

785–339–3595, facsimile 785–339–

3788’’.

33640 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations

PART 62—UNITED STATES AIDS TO

NAVIGATION SYSTEM

11. The authority citation for part 62

continues to read as follows:

Authority: 14 U.S.C. 85; 33 U.S.C. 1233; 43

U.S.C. 1333; 49 CFR 1.46.

12. In § 62.21, revise paragraph (c)(4)

as set forth below and, in paragraph (h),

remove the first sentence:

§ 62.21 General.

* * * * *

(c) * * *

(4) The Notice to Mariners is a

national publication, similar to the

Local Notice to Mariners, published by

the National Imagery and Mapping

Agency. The notice may be obtained

free of charge from commercial

maritime sources and, upon request, to

Defense Logistics Agency, Defense

Supply Center Richmond, ATTN: JNB,

8000 Jefferson Davis Highway,

Richmond, VA 23297–5100 or FAX

804–279–6510, ATTN: Accounts

Manager, RMF. A letter of justification

should be included in the request. This

publication provides ocean going

vessels significant information on

national and international navigation

and safety.

* * * * *

§ 62.51 [Amended]

13. In § 62.51(b)(3), remove

‘‘USATONS’’ and add, in its place,

‘‘U.S. Aids to Navigation System’’.

§ 62.65 [Amended]

14. In § 62.65(c)(1), remove the word

‘‘four’’ and add, in its place, the word

‘‘three’’.

PART 64—MARKING OF

STRUCTURES, SUNKEN VESSELS

AND OTHER OBSTRUCTIONS

15. The authority citation for part 64

continues to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 409,

1231; 42 U.S.C. 9118; 43 U.S.C. 1333; 49 CFR

1.46.

§ 64.13 [Amended]

16. In § 64.13(a), remove ‘‘§ 64.10–1’’

and add, in its place, ‘‘§ 64.11’’.

PART 66—PRIVATE AIDS TO

NAVIGATION

17. The authority citation for part 66

continues to read as follows:

Authority: 14 U.S.C. 83, 85; 43 U.S.C.

1333; 49 CFR 1.46.

§ 66.05–30 [Amended]

18. In § 66.05–30(b), remove the

words ‘‘U.S. Coast and Geodetic

Survey’’ and add, in their place, the

words ‘‘National Ocean Service’’.

PART 67—AIDS TO NAVIGATION ON

ARTIFICIAL ISLANDS AND FIXED

STRUCTURES

19. The authority citation for part 67

continues to read as follows:

Authority: 14 U.S.C. 85, 633; 43 U.S.C.

1333; 49 CFR 1.46.

20. Revise § 67.50–25(e) to read as

follows:

§ 67.50–25 Eighth Coast Guard District.

* * * * *

(e) Applications. All applications for

private aids to navigation and all

correspondence dealing with private

aids to navigation and obstruction

lighting must be addressed to

Commander (oan), Eighth Coast Guard

District, Hale Boggs Federal Building,

501 Magazine Street, New Orleans,

Louisiana 70130–3396.

* * * * *

PART 72—MARINE INFORMATION

21. The authority citation for part 72

continues to read as follows:

Authority: 14 U.S.C. 93, 49 CFR 1.46.

22. Revise § 72.01–10(c) to read as

follows:

§ 72.01–10 Notice to Mariners.

* * * * *

(c) This notice may be obtained free

of charge from commercial maritime

sources and upon request to the Defense

Logistics Agency, Defense Supply

Center Richmond, ATTN: JNB, 8000

Jefferson Davis Highway, Richmond, VA

23297–5100 or FAX 804–279–6510,

ATTN: Accounts Manager, RMF.

Request should be based on affirmative

need for the information.

23. In § 72.01–25, in paragraph (a),

remove ‘‘publication 117A and 117B’’

and add, in its place, ‘‘Publication 117’’

and revise paragraph (b) to read as

follows:

§ 72.01–25 Marine broadcast notice to

mariners.

* * * * *

(b) Any person may purchase ‘‘Radio

Navigational Aids’’ online from the U.S.

Government Online Bookstore at

http://bookstore.gpo.gov, by Fax at 202–

521–2250, or by telephone at 202–512–

1800. Send mail orders including

payment to U.S. Government Printing

Office, Superintendent of Documents,

P.O. Box 371954, Pittsburgh, PA 15250–

1954.

* * * * *

24. Revise § 72.05–1(a)(1), (a)(2), and

(a)(3) to read as follows:

§ 72.05–1 Purpose.

(a) * * *

(1) Volume I, Atlantic Coast, from St.

Croix River, Maine, to Shrewsbury

River, New Jersey.

(2) Volume II, Atlantic Coast, from

Shrewsbury River, New Jersey, to Little

River, South Carolina.

(3) Volume III, Atlantic and Gulf

Coasts, from Little River, South

Carolina, to Econfina River, Florida,

including Puerto Rico and the U.S.

Virgin Islands.

* * * * *

25. Revise § 72.05–5 to read as

follows:

§ 72.05–5 Sales agencies.

Each volume of the Light List is for

sale by the Superintendent of

Documents, Government Printing

Office, and can be ordered online from

the U.S. Government Online Bookstore

at http://bookstore.gpo.gov, by Fax at

202–521–2250, or by telephone at 202–

512–1800. Send mail orders including

payment to U.S. Government Printing

Office, Superintendent of Documents,

P.O. Box 371954, Pittsburgh, PA 15250–

1954. Notification of publication of a

new edition of the Light List is

published in the ‘‘Local Notices to

Mariners’’ and ‘‘Notice to Mariners’’ for

the particular area that is covered as

soon as the edition is available for

distribution.

PART 100—MARINE EVENTS

26. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

§ 100.901 [Amended]

27. In § 100.901, in table 1—

a. Under ‘‘Group Buffalo, NY:’’,

remove the entries for ‘‘Geneva Offshore

Grand Prix’’ and ‘‘Offshore Series Grand

Prix’’; and

b. Under ‘‘Group Detroit, MI:’’,

remove the entries for ‘‘Cleveland

Charity Classic’’ and ‘‘Cleveland

Offshore Grand Prix’’.

PART 114—GENERAL

28. The authority citation for part 114

continues to read as follows:

Authority: 33 U.S.C. 401, 491, 499, 521,

525, and 535; 14 U.S.C. 633; 49 U.S.C.

1655(g); 49 CFR 1.46(c).

§ 114.05 [Amended]

29. In § 114.05, in paragraph (d),

following the word ‘‘his’’, add the words

‘‘or her’’; and, in paragraph (i), remove

the words ‘‘has delegated his’’ and add,

in their place, the words ‘‘or she has

delegated his or her’’.

Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations 33641

§ 114.40 [Amended]

30. In § 114.40, remove the word

‘‘pretection’’ and add, in its place, the

word ‘‘protection’’.

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

31. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

§ 117.447 [Amended]

32. In § 117.447, following the word

‘‘hours’’, add the word ‘‘notice’’.

§ 117.609 [Amended]

33. In § 117.609(a), remove the word

‘‘small’’ and add, in its place, the word

‘‘shall’’.

§ 117.697 [Amended]

34. In § 117.697(a), remove the words

‘‘by the National Oceanic and

Atmospheric Administration’’ and add,

in their place, the words ‘‘published by

private entities using data provided by

the National Ocean Service’’.

§ 117.793 [Amended]

35. In § 117.793(c), remove the words

‘‘the National Oceanic and Atmospheric

Administration (NOAA)’’ and add, in

their place, the words ‘‘private entities

using data provided by the National

Ocean Service’’.

§ 117.795 [Amended]

36. In § 117.795(b), remove the words

‘‘the National Oceanic and Atmospheric

Administration’’ and add, in their place,

the words ‘‘private entities using data

provided by the National Ocean

Service’’.

PART 120—SECURITY OF

PASSENGER VESSELS

37. The authority citation for part 120

continues to read as follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

§ 120.305 [Amended]

38. In § 120.305—

a. In paragraph (a), remove ‘‘National

Maritime Center (NMC), 4200 Wilson

Blvd., Suite 510, Arlington, Virginia

22203’’ and add, in its place, ‘‘Marine

Safety Center (MSC), 400 Seventh

Street, SW., room 6302, Nassif Building,

Washington, DC 20590–0001’’; and

b. In paragraphs (b), (c), and (d),

remove ‘‘of the NMC’’ and add, in its

place, ‘‘, Marine Safety Center’’.

§ 120.307 [Amended]

39. In § 120.307(a), (b), and (c),

remove ‘‘of the NMC’’ and add, in its

place, ‘‘, Marine Safety Center’’.

§ 120.309 [Amended]

40. In § 120.309, remove ‘‘of the

NMC’’ and add, in its place, ‘‘, Marine

Safety Center’’.

PART 151—VESSELS CARRYING OIL,

NOXIOUS LIQUID SUBSTANCES,

GARBAGE, MUNICIPAL OR

COMMERCIAL WASTE, AND BALLAST

WATER

41. The authority citation for part 151,

subpart A, continues to read as follows:

Authority: 33 U.S.C. 1321 and 1903; Pub.

L. 104–227 (110 Stat. 3034), E.O. 12777, 3

CFR, 1991 Comp. p. 351; 49 CFR 1.46.

§ 151.1000 [Amended]

42. In § 151.1000, remove the word

‘‘shore’’ and add, in its place, the word

‘‘Shore’’.

§ 151.1006 [Amended]

43. In § 151.1006, remove the words

‘‘Coastal Waters’’ and add, in their

place, the words ‘‘Coastal waters’’.

PART 154—FACILITIES

TRANSFERRING OIL OR HAZARDOUS

MATERIAL IN BULK

44. The authority citation for part 154

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j)(1)(C),

(j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56

FR 54757; 49 CFR 1.46. Subpart F is also

issued under 33 U.S.C. 2735.

§ 154.1035 [Amended]

45. In § 154.1035(b)(4)(ii)(B), remove

the word ‘‘protest’’ and add, in its place

the word ‘‘protect’’.

PART 159—MARINE SANITATION

DEVICES

46. The authority citation for part 159

continues to read as follows:

Authority: Sec. 312(b)(1), 86 Stat. 871 (33

U.S.C. 1322(b)(1)); 49 CFR 1.45(b) and 1.46(l)

and (m).

§ 159.4 [Amended]

47. In § 159.4(a), remove ‘‘U.S. Coast

Guard Office of Design and Engineering

Standards (G–MSE), 2100 Second Street,

SW., Washington, DC 20593–0001’’ and

add, in its place, ‘‘Engineering Division,

U.S. Coast Guard Marine Safety Center,

400 Seventh Street, SW., Washington,

DC 20590’’.

§§ 159.12, 159.15, 159.17, and 159.19

[Amended]

48. In §§ 159.12(c), 159.15(a)

introductory text and (c), 159.17(a), and

159.19(a), remove ‘‘Commandant (G–

MSE), U.S. Coast Guard, Washington,

DC 20593–0001’’ and add, in its place,

‘‘Commanding Officer, USCG Marine

Safety Center, 400 Seventh Street, SW.,

Washington, DC 20590’’.

§ 159.97 [Amended]

49. In § 159.97, remove

‘‘Commandant’’ and add, in its place,

‘‘Commanding Officer, USCG Marine

Safety Center,’’.

PART 164—NAVIGATION SAFETY

REGULATIONS

50. The authority citation for part 164

continues to read as follows:

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.

2103, 3703; 49 CFR 1.46. Sec. 164.13 also

issued under 46 U.S.C. 8502. Sec. 164.61 also

issued under 46 U.S.C. 6101.

§ 164.33 [Amended]

51. In § 164.33, in paragraphs (a)(3)(i)

and (a)(3)(ii), following the word ‘‘by’’,

add the words ‘‘private entities using

data provided by’’; and in paragraph (c),

remove the words ‘‘Defense Mapping

Agency Hydrographic/Topographic

Center’’ and add, in their place, the

words ‘‘the National Imagery and

Mapping Agency’’.

§ 164.72 [Amended]

52. In § 164.72, in paragraph

(b)(2)(ii)(B), remove the words ‘‘ Defense

Mapping Agency’’ and add, in their

place, the words ‘‘National Imagery and

Mapping Agency’’; and, in paragraphs

(b)(2)(ii)(C) and (b)(2)(ii)(D), remove the

words ‘‘by the NOS’’ and add, in their

place, the words ‘‘private entities using

data provided by the NOS’’.

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

53. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

Subpart F—[Amended]

54. In subpart F, immediately

following § 165.1114, remove the

undesignated heading ‘‘Thirteenth Coast

Guard District’’ and add the

undesignated heading ‘‘Thirteenth Coast

Guard District’’ immediately preceding

§ 165.1301.

§ 165.754 [Amended]

55. In § 165.754(b)(3), remove ‘‘(787)

729–6800 ext. 140’’ and add, in its

place, ‘‘787–706–2444 or 787–289–

2048’’.

33642 Federal Register / Vol. 66, No. 122 / Monday, June 25, 2001 / Rules and Regulations

§ 165.903 [Amended]

56. In § 165.903, in paragraph (a)(1),

remove the words ‘‘the end of the lot

adjacent to Fagan’s’’ and add, in their

place, the words ‘‘the Holy Moses Water

Taxi Landing at Fado’s’’; in paragraph

(a)(4), remove the word ‘‘Tiffany’s’’ and

add, in its place, the words ‘‘Christie’s

Cabaret’’; and in paragraph (a)(11),

remove the word ‘‘Aqua’’ and add, in its

place, the word ‘‘Mega’’.

§ 165.1101 [Redesignated]

57. Redesignate § 165.1101 as

§ 165.1151.

§§ 165.1102 through 165.1108

[Redesignated]

58. Redesignate §§ 165.1102 through

165.1108, as §§ 165.1101 through

165.1107, respectively.

§ 165.1109 [Redesignated]

59. Redesignate § 165.1109, as

§ 165.1152.

§ 165.1111 [Redesignated]

60. Redesignate § 165.1111 as

§ 165.1131.

§ 165.1112 [Redesignated]

61. Redesignate § 165.1112 as

§ 165.1191.

§ 165.1113 [Redesignated]

62. Redesignate § 165.1113 as

§ 165.1153.

§§ 165.1114 and 165.1115 [Redesignated]

63. Redesignate §§ 165.1114 and

165.1115 as §§ 65.1181 and 165.1182,

respectively.

§ 165.1116 [Redesignated]

64. Redesignate § 165.1116 as

§ 165.1171.

§ 165.1403 [Amended]

65. In § 165.1403(a), in the note,

remove ‘‘DMA’’ and add, in its place,

‘‘NOAA’’.

PART 173—VESSEL NUMBERING AND

CASUALTY AND ACCIDENT

REPORTING

66. The authority citation for part 173

continues to read as follows:

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

6101, 12301, 12302; OMB Circular A–25; 49

CFR 1.46.

Appendix A to Part 173—[Amended]

67. In appendix A to part 173—

a. In paragraph (a), add, in

alphabetical order, the entry ‘‘AlaskaAK’’ and the entry ‘‘Northern Mariana

Islands-CM’’ and remove the entry

‘‘Guam-GM’’ and add, in its place, the

entry ‘‘Guam-GU’’; and

b. In paragraph (b), remove the entry

‘‘Alaska-AK’’.

Dated: June 15, 2001.

Joseph J. Angelo,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 01–15657 Filed 6–22–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

Subsistence Management Regulations

for Public Lands in Alaska, Subpart D;

Emergency Closures and

Adjustments—Kuskokwim and Yukon

River Drainages

AGENCIES: Forest Service, USDA; Fish

and Wildlife Service, Interior.

ACTION: Emergency closures and

adjustments.

SUMMARY: This provides notice of the

Federal Subsistence Board’s in-season

management actions to protect chinook

and chum salmon escapement in the

Kuskokwim River drainage and chinook

and summer-run chum salmon

escapement in the Yukon River

drainage. This regulatory adjustment

and the closures provide an exception to

the Subsistence Management

Regulations for Public Lands in Alaska,

published in the Federal Register on

February 13, 2001. Those regulations

established seasons, harvest limits,

methods, and means relating to the

taking of fish and shellfish for

subsistence uses during the 2001

regulatory year.

DATES: The Kuskokwim River drainage

closures and regulatory adjustments are

effective June 3, 2001, through June 5,

2001, for District 1 alone and June 10,

2001, through June 12, 2001, for

Districts 1 and 2. The Yukon River

drainage closures are effective May 31,

2001, through July 30, 2001, for District

1; June 3, 2001, through July 30, 2001,

for District 2; and June 6, 2001, through

July 30, 2001, for District 3.

FOR FURTHER INFORMATION CONTACT:

Thomas H. Boyd, Office of Subsistence

Management, U.S. Fish and Wildlife

Service, telephone (907) 786–3888. For

questions specific to National Forest

System lands, contact Ken Thompson,

Subsistence Program Manager, USDA—

Forest Service, Alaska Region,

telephone (907) 786–3592.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands in Alaska, unless the State

of Alaska enacts and implements laws

of general applicability that are

consistent with ANILCA and that

provide for the subsistence definition,

preference, and participation specified

in sections 803, 804, and 805 of

ANILCA. In December 1989, the Alaska

Supreme Court ruled that the rural

preference in the State subsistence

statute violated the Alaska Constitution

and, therefore, negated State compliance

with ANILCA.

The Department of the Interior and

the Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

The Departments administer Title VIII

through regulations at Title 50, Part 100

and Title 36, Part 242 of the Code of

Federal Regulations (CFR). Consistent

with Subparts A, B, and C of these

regulations, as revised January 8, 1999,

(64 FR 1276), the Departments

established a Federal Subsistence Board

to administer the Federal Subsistence

Management Program. The Board’s

composition includes a Chair appointed

by the Secretary of the Interior with

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

the Alaska Regional Director, National

Park Service; the Alaska State Director,

Bureau of Land Management; the Alaska

Regional Director, Bureau of Indian

Affairs; and the Alaska Regional

Forester, USDA Forest Service. Through

the Board, these agencies participate in

the development of regulations for

Subparts A, B, and C, which establish

the program structure and determine

which Alaska residents are eligible to

take specific species for subsistence

uses, and the annual Subpart D

regulations, which establish seasons,

harvest limits, and methods and means

for subsistence take of species in

specific areas. Subpart D regulations for

the 2001 fishing seasons, harvest limits,

and methods and means were published

on February 13, 2001, (66 FR 10142).

Because this rule relates to public lands

managed by an agency or agencies in

both the Departments of Agriculture and

the Interior, identical closures and