[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57181-57183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19723]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 3, 10, 114, 147, 151, and 175

[USCG-2005-22329]
RIN 1625-ZA05


Shipping; Technical, Organizational and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive changes throughout Title 46 of 
the Code of Federal Regulations. The purpose of this rule is to make 
conforming amendments and technical corrections to Coast Guard shipping 
and transportation regulations. This rule will have no substantive 
effect on the regulated public.

DATES: This final rule is effective September 30, 2005.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying under docket number [USCG-2005-22329] at the 
Docket Management Facility, U.S. Department of Transportation, room PL-
401, 400 Seventh Street, SW., Washington, DC, 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 Mr. Ray Davis, Project Manager, Standards Evaluation and 
Development Division (G-MSR-1), U.S. Coast Guard, at 202-267-6826. If 
you have questions on viewing, or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, Department of 
Transportation, at 202-493-0402.

SUPPLEMENTARY INFORMATION

Regulatory Information

    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard 
finds that this rule is exempt from notice and comment rulemaking 
requirements because some of these changes involve agency organization 
and practices, and all of these changes are non-substantive. This rule 
consists only of corrections and editorial, organizational, and 
conforming amendments. These changes will have no substantive effect on 
the public; therefore, it is unnecessary to publish an NPRM. 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 46 of the Code of Federal Regulations is updated on 
October 1. This rule, which becomes effective on September 30, 2005, 
makes technical and editorial corrections throughout Title 46. This 
rule does not change any substantive requirements of the existing 
regulations.

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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
As this rule involves internal agency practices and procedures and non-
substantive changes, it will not impose any costs on the public.

[[Page 57182]]

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 does not require a general NPRM and, therefore, is exempt 
from the requirements of the Regulatory Flexibility Act. Although this 
rule is exempt, we have reviewed it for potential economic impact on 
small entities.
    This rule will have no substantive effect on the regulated public. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraphs (34)(a) and (b), of the Instruction from further 
environmental documentation because this rule involves editorial, 
procedural, and internal agency functions. An ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects

46 CFR Part 3

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Research.

46 CFR Part 10

    Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 147

    Hazardous materials transportation, Labeling, Marine safety, 
Packaging and containers, Reporting and recordkeeping requirements.

46 CFR Part 151

    Cargo vessels, Hazardous materials transportation, Marine safety, 
Reporting and recordkeeping requirements, Water pollution control.

46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR parts 3, 10, 114, 147, 151 and 175 as follows:

PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS

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


[[Page 57183]]


    Authority: 46 U.S.C. 2113, 3306; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  3.03-1  [Amended]

0
2. In Sec.  3.03-1, remove the words ``in this subchapter'' and add, in 
their place, the words ``in this part''.

PART 10--LICENSING OF MARITIME PERSONNEL

0
3. The authority citation for part 10 continues to read as follows:

    Authority: 14 U.S.C. 633; 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, and 
8906; Department of Homeland Security Delegation 0170.1. Section 
10.107 is also issued under the authority of 44 U.S.C. 3507.


Sec.  10.201  [Amended]

0
4. In Sec.  10.201(c), remove the text ``Sec.  10.464(i)'' and add, in 
its place, the text ``10.467(h)''.


Sec.  10.467  [Amended]

0
5. In Sec.  10.467(b), after the words ``under paragraph'', remove the 
text ``(f)'' and add, in its place, the text ``(g)''.

PART 114--GENERAL PROVISIONS

0
6. The authority citation for part 114 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security No. 
0170.1; Sec. 114.900 also issued under 44 U.S.C. 3507.


Sec.  114.400  [Amended]

0
7. In Sec.  114.400(b) in the definition for ``High speed craft'', 
after the text ``V=3.7xdispl <SUP>.1667</SUP>'', remove the text ``h''.

PART 147--HAZARDOUS SHIPS' STORES

0
8 . The authority citation for part 147 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  147.30  [Amended]

0
9. In Sec.  147.30(b), after the words ``Federal Hazardous Substances 
Act Regulations in'', remove the text ``26 CFR'' and add, in its place, 
the text ``16 CFR''.

PART 151--BARGES CARRYING BULK LIQUID HAZARDOUS MATERIAL CARGOES

0
10. The authority citation for part 151 continues to read as follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  151.15-10  [Amended]

0
11. In Sec.  151.15-10(b), remove the text ``151.03-43'' and add, in 
its place, ``151.03-49''

PART 175--GENERAL PROVISIONS

0
12. The authority citation for part 175 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; 175.900 also issued under authority of 44 
U.S.C. 3507.


Sec.  175.400  [Amended]

0
13. In Sec.  175.400 in the definition for ``High speed craft'', after 
the text ``V=3.7xdispl <SUP>.1667</SUP>'', remove the text ``h''.

    Dated: September 15, 2005.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 05-19723 Filed 9-28-05; 1:31 pm]
BILLING CODE 4910-15-P