33660 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Dated: June 17, 1996.

For the Commission,

Gilbert F. Casellas,

Chairman.

Accordingly, 29 CFR Part 1602 is

amended as follows:

PART 1602—[AMENDED]

1. The authority citation for part 1602

continues to read as follows:

Authority: 42 U.S.C. 2000e–8, 2000e–12,

44 U.S.C. 3501 et seq.; 42 U.S.C. 12117.

§ 1602.41 Requirement for filing and

preserving copy of report.

2. Section 1602.41 is amended as

follows:

(a) In the introductory text, in the first

sentence, delete the phrase ‘‘and

individual schools within such systems

or district’’.

(b) In the concluding text, in the first

sentence, delete the phrase, ’’, or the

individual school which is the subject

of the report where more convenient,’’.

3. Section 1602.43 is revised to read

as follows:

§ 1602.43 Commission’s remedy for

school systems’ or districts’ failure to file

report.

Any school system or district failing

or refusing to file report EEO–5 when

required to do so may be compelled to

file by order of a U.S. district court,

upon application of the Commission or

the Attorney General.

4. Section 1602.44 is revised to read

as follows:

§ 1602.44 School systems’ or districts’

exemption from reporting requirements.

If it is claimed that the preparation or

filing of the report would create undue

hardship, the school system or district

may apply to the Commission for an

exemption from the requirements set

forth in this part by submitting to the

Commission or its delegate a specific

proposal for an alternative reporting

system prior to the date on which the

report is due.

[FR Doc. 96–16056 Filed 6–27–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 2, 5, 8, 19, 20, 26, 45,

51, 67, 81, 89, 110, 114, 116, 117, 127,

140, 141, 144, 148, 151, 153, 154, 155,

156, 157, 158, 159, 160, 164, 165, 174,

179, 181, 183, and 187

[CGD 96–026]

RIN 2115 AF33

Technical Amendments;

Organizational Changes;

Miscellaneous Editorial Changes and

Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: This rule amends Title 33,

Code of Federal Regulations to reflect

recent agency organizational changes. It

also makes editorial changes throughout

the title to correct addresses, update

cross-references, remove obsolete

regulatory provisions, and make other

technical corrections. This rule will

have no substantive effect on the

regulated public.

EFFECTIVE DATE: This rule is effective on

June 30, 1996.

ADDRESSES: Unless otherwise indicated,

documents referred to in this preamble

are available for inspection or copying

at the office of the Executive Secretary,

Marine Safety Council (G–LRA/3406).

U.S. Coast Guard Headquarters, 2100

Second Street SW., room 3406,

Washington, DC 20593–0001 between 8

a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

Janet Walton, Project Manager, Office of

Standards Evaluation and Development

(G–MSR–2), (202) 267–0257.

SUPPLEMENTARY INFORMATION:

Background and Purpose

Each year Title 33 of the Code of

Federal Regulations (CFR) is recodified

on July 1. This rule makes

miscellaneous editorial changes and

conforming amendments, including

changes brought about by the Coast

Guard Headquarters reorganization, to

be included in the 1996 recodification

of Title 33.

Discussion of Changes

Coast Guard Headquarters recently

went through a comprehensive

streamlining and reorganization. The

substantive functions it performs are

essentially unchanged; however, many

functions have been consolidated. This

rule reflects the redistribution of

functions and responsibilities due to the

reorganization.

The rule also makes editorial changes

throughout the title to correct addresses,

update cross-references, and make other

technical corrections.

Sections 157.03, 159.3, 181.3, and

183.3 are being reformatted by

reorganizing the definitions into

alphabetical order and removing

paragraph designators.

Section 165.T01–005 expired on May

1, 1994 and section 165.702 expired on

December 31, 1991. These regulations

are no longer needed and are being

removed.

In addition the safety zone in

§ 165.1112 was originally established to

protect Navy cables and equipment on

the ocean floor which could have been

damaged by anchoring, fishing, and

similar activities. The Navy equipment

has been removed and this safety zone

is no longer required and is being

removed.

Since this amendment relates to

departmental management;

organization; procedure; and practice,

notice and comment on it are

unnecessary and it may be made

effective in fewer than 30 days after

publication in the Federal Register.

Therefore, this final rule is effective

June 30, 1996.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order. It has not been reviewed by the

Office of Management and Budget 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). The

Coast Guard expects 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.

This rule involves internal agency

practices and procedures, it will not

impose any costs on the public.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have significant federalism implications
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33661

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under paragraph 2.B.2 of

Commandant Instruction M16475.1B,

this rule is categorically excluded from

further environmental documentation.

This exclusion is in accordance with

paragraphs 2.B.2.e.(34) (a) and (b),

concerning regulations that are editorial

or procedural and concerning internal

agency functions or organization. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying 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 2

Administrative practice and

procedure, Law enforcement.

33 CFR Part 5

Volunteers.

33 CFR Part 8

Armed forces reserves.

33 CFR Part 19

Navigation (water), Vessels.

33 CFR Part 20

Administrative practice and

procedure, Authority delegations

(Government agencies), Penalties, Water

pollution control, Waterways.

33 CFR Part 26

Communications equipment, Marine

safety, Radio, Telephone, Vessels.

33 CFR Part 45

Military personnel, Reporting and

recordkeeping requirements.

33 CFR Part 51

Administrative practice and

procedure, Military personnel.

33 CFR Part 67

Continental shelf, Navigation (water),

Reporting and recordkeeping

requirements.

33 CFR Part 81

Navigation (water), Reporting and

recordkeeping requirements, Treaties.

33 CFR Part 89

Navigation (water), Reporting and

recordkeeping requirements,

Waterways.

33 CFR Part 110

Anchorage grounds.

33 CFR Part 114

Bridges.

33 CFR Part 116

Bridges.

33 CFR Part 117

Bridges.

33 CFR Part 127

Fire prevention, Harbors, Natural gas,

Reporting and recordkeeping

requirements, Security measures.

33 CFR Part 140

Continental shelf, Investigations,

Marine safety, Occupational safety and

health, Penalties, Reporting and

recordkeeping.

33 CFR Part 141

Citizenship and naturalization,

Continental shelf, Employment,

Reporting and recordkeeping.

33 CFR Part 144

Continental shelf, Marine safety,

Occupational safety and health.

33 CFR Part 148

Administrative practice and

procedure, Environmental protection,

Harbors, Petroleum.

33 CFR Part 151

Administrative practice and

procedure, Oil pollution, Penalties,

Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 153

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 154

Fire prevention, Hazardous

substances, Oil pollution, Reporting and

recordkeeping requirements.

33 CFR Part 155

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements.

33 CFR Part 156

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 157

Cargo vessels, Oil pollution,

Reporting and recordkeeping

requirements.

33 CFR Part 158

Administrative practice and

procedure, Harbors, Oil pollution,

Penalties, Reporting and recordkeeping

requirements, Water pollution control.

33 CFR Part 159

Sewage disposal, Vessels.

33 CFR Part 160

Administrative practice and

procedure, Harbors, Hazardous

materials transportation, Marine safety,

Navigation (water), Reporting and

recordkeeping requirements, Vessels,

Waterways.

33 CFR Part 164

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

33 CFR Part 174

Intergovernmental relations, Marine

safety, Reporting and recordkeeping

requirements.

33 CFR Part 179

Maring safety, Reporting and

recordkeeping requirements.

33 CFR Part 181

Labeling, Marine safety, Reporting

and recordkeeping requirements.

33 CFR Part 183

Marine safety.

33 CFR Part 187

Marine safety, Reporting and

recordkeeping requirements,

Administrative practice and procedure.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR parts 1, 2, 5, 8, 19, 20, 26, 45, 51,

67, 81, 89, 110, 114, 116, 117, 127, 140,

141, 144, 148, 151, 153, 154, 155, 156,

157, 158, 159, 160, 164, 165, 174, 179,

181, 183, and 187 as follows:.

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1 is

revised to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 401,

491, 525, 1321, 2716, and 2716a; 46 U.S.C.

9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;

section 1.01–70 also issued under the

authority of E.O. 12580, 3 CFR, 1987 Comp.,
33662 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

1Also codified as 46 CFR part 6.

p. 193; and sections 1.01–80 and 1.01–85 also

issued under the authority of E.O. 12777, 3

CFR, 1991 Comp., p. 351.

§ 1.01–60 [Amended]

2. In § 1.01–60, in paragraph (a),

remove the words ‘‘Office of Navigation

and Waterway Services,’’ and add, in

their place, the word ‘‘Operations,’’.

§ 1.05–1 [Amended]

3. In § 1.05–1, in paragraph (g),

remove the words ‘‘Office of Navigation

Safety and Waterway services, and the

Chief, Office of Marine Safety, Security,

and Environmental Protection’’ and add,

in their place, the words ‘‘Operations,

and the Chief, Marine Safety and

Environmental Protection,’’.

§ 1.10–5 [Amended]

4. In § 1.10–5, in paragraph (a),

remove the words ‘‘Commandant (GA),

U.S. Coast Guard, 2100 Second Street

SW., Washington, DC 20593’’ and add,

in their place, the words ‘‘Chief, Office

of Information Management, U.S. Coast

Guard Headquarters, 2100 Second Street

SW., Washington, DC 20593–0001’’; and

in paragraph (c), remove the words

‘‘Commandant (GA)’’ and add, in their

place, the words ‘‘Chief, Office of

Information Management,’’.

§ 1.26–5 [Amended]

5. In § 1.26–5, in paragraph (b),

remove the word ‘‘(G–PS–5),’’ and add,

in their place, the word ‘‘(G–WPM–3),’’.

§§ 1.01–70 and 1.01–80 [Amended]

6. In addition to the amendments set

forth above, in 33 CFR part 1, remove

the words ‘‘Office of Marine Safety,

Security and Environmental Protection’’

and add, in their place, the words

‘‘Marine Safety and Environmental

Protection’’ in the following places:

(a) Section 1.01–70(b); and

(b) Section 1.01–80(b).

PART 2—JURISDICTION

7. The authority citation for part 2

continues to read as follows:

Authority: 14 U.S.C. 633, 80 Stat. 931 (49

U.S.C. 1655(b)); 49 CFR 1.4(b), 1.46(b).

§ 2.05–1 [Amended]

8. In § 2.05–1, in paragraph (c),

remove the number ‘‘82’’ and add, in its

place, the number ‘‘80’’.

§ 2.05–20 [Amended]

9. In § 2.05–20, in paragraph (b),

remove the number ‘‘82’’ and add, in its

place, the number ‘‘80’’.

PART 5—COAST GUARD AUXILIARY

10. The authority citation for part 5

continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.46.

11. In § 5.01, paragraph (j) is revised

to read as follows:

§ 5.01 Definitions

* * * * *

(j) Secretary means the Secretary of

Transportation when the Coast Guard

operates in the Department of

Transportation or the Secretary of the

Navy when the Coast Guard operates as

part of the Navy.

* * * * *

PART 8—UNITED STATES COAST

GUARD RESERVE

12. the authority citation for part 8

continues to read as follows:

Authority: 14 U.S.C. 633.

13. Section 8.3 is revised to read as

follows:

§ 8.3 Organization of the Coast Guard

Reserve.

(a) The Coast Guard Reserve is

organized, trained and equipped under

the direction of the Commandant.

(b) The Director of Reserve and

Training is responsible for the overall

administration and supervision of the

Reserve.

(c) In Atlantic Area, Integrated

Support Commands have responsibility

for local Reserve issues; however, in

Pacific Area, responsibility for local

Reserve issues remains with District

Commanders.

(d) Most Coast Guard Reservists are

fully integrated into active duty Coast

Guard units. There, Reservists perform

the same duties and have the same

responsibilities as their active duty

counterparts. Their integrated work

prepares Reservists to perform the

duties of their mobilization assignments

while at the same time providing

assistance to the active service. Some

Reservists are assigned to dedicated

Reserve units where they train and

mobilize in support of national defense

operations.

14. Section 8.5 is revised to read as

follows:

§ 8.5 Regulations for the Coast Guard

Reserve.

(a) Regulations for the Coast Guard

Reserve are established by the

Commandant.

(b) Permanent regulations are

published in Coast Guard publications

and manuals and include the following:

(1) Coast Guard Regulations.

(2) Coast Guard Organization Manual.

(3) Coast Guard Reserve

Administration and Training Manual.

(4) Personnel Manual.

(5) Recruiting Manual.

(6) Military Justice Manual.

(7) Comptroller Manual.

(c) Temporary regulations and orders

affecting Reservists are included in

instructions or notices in the Coast

Guard directives system.

(d) Other regulations that affect the

Reserve are located in Department of

Defense and Department of the Navy

regulations in Title 32 of the Code of

Federal Regulations.

15. Section 8.7 is revised to read as

follows:

§ 8.7 Information.

(a) Information concerning the Coast

Guard Reserve may be obtained from

Commandant (G–WTR), U.S. Coast

Guard Headquarters, Washington, DC

20593–0001.

(b) Information and requirements for

enlistment in the Coast Guard Reserve

or concerning the procurement of

officers for the Coast Guard Reserve can

be obtained from the following offices:

(1) Any Coast Guard Recruiting

Office.

(2) Coast Guard Recruiting Center,

4200 Wilson Boulevard, Suite 450,

Arlington, VA 22203.

PART 19—WAIVERS OF NAVIGATION

AND VESSEL INSPECTION LAWS AND

REGULATIONS1

16. The authority citation for part 19

continues to read as follows:

Authority: Sec. 1, 64 Stat. 1120, sec.

6(b)(1), 80 Stat. 937; 46 U.S.C. note prec. 1,

49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2).

§ 19.06 [Amended]

17. In § 19.06, in paragraphs (b) and

(d), remove the word ‘‘(G–MVI),’’ and

add, in its place, the word ‘‘(G–MOC),’’.

PART 20—CLASS II CIVIL PENALTIES

18. The authority citation for part 20

continues to read as follows:

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609;

49 CFR 1.46.

§ 20.102 [Amended]

19. In § 20.102, all paragraph

designators are removed.

PART 26—VESSEL BRIDGE-TOBRIDGE RADIOTELEPHONE

REGULATIONS

20. The authority citation for part 26

continues to read as follows:

Authority: 14 U.S.C. 2; 33 U.S.C. 1201–

1208; 49 CFR 1.45(b), 1.46; Rule 1,

International Regulations for the Prevention

of Collisions at Sea.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33663

§ 26.08 [Amended]

21. In § 26.08, in paragraph (a),

remove the words ‘‘Office of Navigation

Safety and Waterway Services,’’ and

add, in their place, the words ‘‘Marine

Safety and Environmental Protection,’’;

and in paragraph (c) introductory text,

remove the words, ‘‘Office of Navigation

Safety and Waterway Services,’’ and

add, in their place, the words ‘‘Marine

Safety and Environmental Protection,’’.

PART 45—ENLISTMENT OF

PERSONNEL

22. The authority citation for part 45

continues to read as follows:

Authority: 14 U.S.C. 351, 371; 49 CFR

1.46(b).

§§ 45.1 and 45.2 [Amended]

23. In 33 CFR part 45, remove the

words ‘‘Commandant (G–PMR), U.S.

Coast Guard, Washington, DC 20593.’’

and add, in their place, the words

‘‘Coast Guard Recruiting Center, 4200

Wilson Boulevard, Suite 450, Arlington,

VA 22203.’’ in the following places:

(a) Section 45.1(b); and

(b) Section 45.2.

PART 51—COAST GUARD

DISCHARGE REVIEW BOARD

24. The authority citation for part 51

continues to read as follows:

Authority: 10 U.S.C. 1553.

§ 51.4 [Amended]

25. In § 51.4, all paragraph designators

are removed.

§ 51.9 [Amended]

26. In § 51.9, in paragraph (b), remove

the word ‘‘, (G–PE/44)’’ and add, in its

place, the word ‘‘(G–WPM),’’.

PART 67—AIDS TO NAVIGATION ON

ARTIFICIAL ISLANDS AND FIXED

STRUCTURES

27. 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.

§ 67.10–25 [Amended]

28. In § 67.10–25, in paragraph (a),

remove the words ‘‘U.S. Coast Guard

Short Range Aids to Navigation

Division,’’ and add, in their place, the

words ‘‘the Office of Aids to Navigation,

U.S. Coast Guard Headquarters,’’.

PART 81—72 COLREGS:

IMPLEMENTING RULES

29. The authority citation for part 81

is revised to read as follows:

Authority: 33 U.S.C. 1607; E.O. 11964; 49

CFR 1.46.

§ 81.18 [Amended]

30. In § 81.18, in paragraph (b),

remove the words ‘‘the Office of

Navigation Safety and Waterway

Services,’’ and add, in their place, the

words ‘‘Marine Safety and

Environmental Protection,’’.

PART 89—INLAND NAVIGATION

RULES: IMPLEMENTING RULES

31. The authority citation for part 89

continues to read as follows:

Authority: 33 U.S.C. 2071; 49 CFR

1.46(n)(14).

§ 89.18 [Amended]

32. In § 89.18, in paragraph (a),

remove the words ‘‘Office of Navigation

Safety and Waterway Services,’’ and

add, in their place, the words ‘‘Chief,

Marine Safety and Environmental

Protection,’’.

PART 110—ANCHORAGE

REGULATIONS

33. The authority citation for part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2071; 49 CFR

1.46 and 33 CFR 1.05–1(g). Section 110.1a

and each section listed in it are also issued

under 33 U.S.C. 1233 and 1231.

§ 110.128b [Amended]

34. In § 110.128b, in paragraphs (a)

and (b), add the words ‘‘(Datum: OHD)’’

following the last sentence.

§ 110.128c [Amended]

35. In § 110.128c, redesignate

paragraph (a) as introductory text, and

add the words ‘‘(Datum: OHD)’’

following the last sentence.

§ 110.224 [Amended]

36. In § 110.224, the section heading,

and in table 110.224(d)(1) in paragraph

(d)(2), the entry for Anchorage No. 19

are revised, and Note i following the

table is removed and reserved, to read

as follows:

§ 110.224 San Francisco Bay, San Pablo

Bay, Carquinez Strait, Suisun Bay,

Sacramento River, San Joaquin River, and

connecting waters, CA.

* * * * *

(d) * * *

TABLE 110.224(d)(1)

Anchorage

No.

General

location

PurposeSpecific regulations

* * * * *

19 ..... do .......... do ....... Note b.

* * * * *

Notes: * * *

i. [Reserved]

* * * * *

§§ 110.236 and 110.237 [Amended]

37. In addition to the amendments set

forth above, in 33 CFR part 110, add the

words ‘‘(Datum: OHD)’’ following the

last sentence in the paragraph in the

following places:

(a) Section 110.236 (a)(1), (a)(2), (a)(3),

(a)(4), (a)(5), (a)(6), and (a)(7); and

(b) Section 110.237(a).

PART 114—GENERAL

38. The authority citation for part 114

is revised 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).

§ 114.01 [Amended]

39. In § 114.01, in paragraphs (a)(2)

and (c)(2) add the word ‘‘unreasonably’’

immedidately before the word

‘‘obstructive’’.

§ 114.05 [Amended]

40. In § 114.05, paragraph (l), in both

the paragraph heading and text, remove

the words ‘‘Office of Navigation Safety

and Waterway Services’’ and add, in

their place, the word ‘‘Operations’’.

§ 114.50 [Amended]

41. In § 114.50, remove the words

‘‘Office of Navigation Safety and

Waterway Services,’’ and add, in their

place, the words ‘‘Chief, Office of Bridge

Administration,’’.

PART 116—ALTERATION OF

UNREASONABLY OBSTRUCTIVE

BRIDGES

42. The authority citation for part 116

continues to read as follows:

Authority: 33 U.S.C. 401, 521; 49 U.S.C.

CFR 1.4, 1.46(c).

§ 116.55 [Amended]

43. In § 116.55, in paragraphs (a) and

(b), remove the words ‘‘Bridge

Administration Division’’ and add, in

their place, the words ‘‘Office of Bridge

Administration’’; and remove the words

‘‘Office of Navigation Safety and

Waterway Services’’ and add, in their

place, the word ‘‘Operations’’.

§ 116.10, 116.15, 116.20, 116.25, 116.30,

116.35, 116.40, and 116.45 [Amended]

44. In addition to the amendment set

forth above, in 33 CFR part 116, remove

the words ‘‘Bridge Administration

Division’’ and add, in their place, the

words ‘‘Office of Bridge

Administration’’ in the following places:

(a) Section 116.10(c):

(b) Section 116.15 (a), (c), and (d);

(c) Section 116.20 (a) and (b);
33664 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

(d) Section 116.25(a);

(e) Section 116.30 section heading,

paragraphs (a), (d), (e), and (g);

(f) Section 116.35(c);

(g) Section 116.40 (a), (b), and (c); and

(h) Section 116.45 (a) and (b).

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

45. 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.

§ 117.15 [Amended]

46. In § 117.15, in paragraph (a)(3),

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

place, the word ‘‘party’’.

§ 117.17 [Amended]

47. In § 117.17, in the text, remove the

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

word ‘‘pass’’.

§ 117.47 [Amended]

48. In § 117.47, in the section heading

and paragraph (a), remove the word

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

‘‘gauges’’; and in the note at the end of

the section, remove the word ‘‘gage’’

and add, in its place, the word ‘‘gauge’’.

49. In § 117.1051, paragraph (e)(2)(i) is

revised to read as follows:

§ 117.1051 Lake Washington Ship Canal.

* * * * *

(e) * * *

(2) * * *

(i) The draw need not open from 7

a.m. to 9 a.m. and from 3:30 p.m. to 6

p.m.

* * * * *

50. In 33 CFR part 117, in Appendix

A, the entries for the state of California

are revised to read as follows:

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call sign Calling

channel

Working

channel

* * * * * * *

California

Carquinez Strait .............................. 7.0 Martinez ............. Southern Pacific RR ......... KQ 7193 ............. 16 14

Cerritos Channel ............................. 4.8 Long Beach ........ Henry Ford (Badger) Avenue, Port of Los Angeles.WHX 947 ........... 16 13

4.9 Long Beach ........ Schuyler Heim, CA DOT KXJ 749 ............. 16 13

Channel Street ................................ 0 San Francisco .... 3rd Street, San Francisco WXY 959 ............ 16 9

0.2 San Francisco .... 4th Street, San Francisco WXY 970 ............ 16 9

Connection Slough .......................... 2.5 Mandeville Island South Real Estate Company.WHV 225 ........... 16 9

Cordelia Slough ............................... 1.5 Benicia ............... Southern Pacific RR ......... KA 98642 ........... 16 9

Georgianna Slough ......................... 4.5 Isleton ................ Tyler Island, Sacramento

Co.

WHU 246 ........... 16 9

12.4 Walnut Grove ..... Georgianna Sl, Sacramento, Co.WHU 254 ........... 16 9

Islais Creek ..................................... 0.4 San Francisco .... 3rd Street, San Francisco WXY 977 ............ 16 9

Little Potato Slough ......................... 1.0 Terminous .......... Potato Slough, CA DOT,

SR12.

KSK 278 ............. 16 9

Middle River .................................... 8.6 Bacon Island ...... Bacon Island, San Joaquin Co.WBE 8326 .......... 16 9

Mokelumne River ............................ 3.0 Isleton ................ Mokelumne, CA DOT,

SR12.

KMJ 382 ............. 16 9

12.1 Walnut Grove ..... Millers Ferry, Sacramento,

Co.

WBE 8326 .......... 16 9

Napa River ...................................... 2.8 Vallejo ................ Mare Island Causeway,

Navy.

Military license

only, No FCC..

16 13

Oakland Inner Harbor Tidal Canal 5.2 Oakland .............. Park Street, Alameda

County.

WHX 996 ........... 16 9

5.6 Oakland .............. Fruitvale Avenue, Alameda County.WQB 330 ........... 16 9

6.0 Oakland .............. High Street, Alameda

County.

WHX 488 ........... 16 9

Old River ......................................... 10.4 Orwood .............. Santa Fe Railroad Bridge WHU 322 ........... 16 9

14.8 Victoria Island .... Victoria Island, CA DOT ... KXE 301 ............. 16 9

Pacheco Creek ................................ 1.1 Martinez ............. Avon, Southern Pacific

RR.

KA 97324 ........... 16 6

Petaluma River ................................ 13.7 Petaluma ............ D Street Bridge, Petaluma WQX 644 ........... 16 9

Sacramento River ........................... 12.8 Rio Vista ............ Rio Vista, CA DOT, SR12 KMJ 384 ............. 16 9

15.7 Isleton ................ Isleton, CA DOT, SR160 KMJ 383 ............. 16 9

26.7 Walnut Grove ..... Walnut Grove, Sacto Co.,

SR E–13.

KMJ 491 ............. 16 9

33.4 Paintersville ........ Paintersville, CA DOT,

SR160.

KMJ 381 ............. 16 9

46.0 Freeport ............. Freeport Sacto Co., SR

E–9.

KMJ 490 ............. 16 9

59.0 Sacramento ........ Tower Bridge, CA DOT .... KDO 739 ............ 16 9

59.4 Sacramento ........ I Street Southern Pacific

RR.

WHW 554 .......... 16 9

San Leandro Bay ............................ 0 Alameda ............. Bay Farm Island, CA DOT WHX 870 ........... 16 9
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33665

APPENDIX A TO PART 117—DRAWBRIDGES EQUIPPED WITH RADIOTELEPHONES—Continued

Waterway Mile Location Bridge name and owner Call sign Calling

channel

Working

channel

Steamboad Slough .......................... 11.2 Courtland ........... Steamboat Slough, CA

DOT, SR160.

WHX 295 ........... 16 9

Three Mile Slough ........................... 0.1 Rio Vista ............ Three Mile Slough, CA

DOT, SR160.

KMJ 385 ............. 16 9

Turner Cut ....................................... 2.3 McDonald Island Zuckerman Bros. Br, Delta

Farms.

WHV 959 ........... 16 9

* * * * * * *

PART 127—LIQUEFIED NATURAL GAS

WATERFRONT FACILITIES

51. The authority citation for part 127

continues to read as follows:

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

§ 127.003 [Amended]

52. In § 127.003, in paragraph (a),

remove the word ‘‘(G–MTH),’’ and add,

in its place, the word ‘‘(G–MOC),’’; and

in paragraph (b), under the entry for

National Fire Protection Association,

before the words ‘‘Batterymarch Park’’

add the number ‘‘1’’.

§ 127.015 [Amended]

53. In § 127.015, in paragraphs (c)(1)

and (d), remove the words ‘‘Office of

Marine Safety, Security and

Environmental Protection’’ and add, in

their place, the words ‘‘Marine Safety

and Environmental Protection’’.

PART 140—GENERAL

54. The authority citation for part 140

continues to read as follows:

Authority: 43 U.S.C. 1333(d)(1), 1348(c),

1356; 49 CFR 1.46.

§ 140.7 [Amended]

55. In § 140.7, in paragraph (a),

remove the words ‘‘Merchant Vessel

Inspection and Documentation Division

(G–MVI),’’ and add, in their place, the

words ‘‘Office of Compliance (G–

MOC),’’; and in paragraph (b) under

American National Standards Institute,

remove the words ‘‘1430 Broadway,

New York, NY 10018’’ and add, in their

place, the words ‘‘11 West 42nd Street,

New York, NY 10036’’.

§ 140.15 [Amended]

56. In § 140.15, paragraph (b), remove

the words ‘‘Coast Guard Publication

CG–190, ‘‘Equipment Lists’’ and add, in

their place, the words ‘‘COMDTINST

M16714.3 (Series) Equipment List’’ and

remove the word ‘‘(G–MVI),’’ and add,

in its place, the word ‘‘(G–MSE),’’.

PART 141—PERSONNEL

57. The authority citation for part 141

is revised to read as follows:

Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).

§ 141.20 [Amended]

58. In § 141.20, in paragraph (c),

remove the word ‘‘(G–MVP),’’ and add,

in its place, the word ‘‘(G–MOC),’’.

PART 144—LIFESAVING APPLIANCES

59. The authority citation for part 144

continues to read as follows:

Authority: 43 U.S.C. 1333d; 46 U.S.C.

3102(a); 46 CFR 1.46.

§ 144.30–5 [Amended]

60. In § 144.30–5, in paragraph (a),

remove the word ‘‘(G–MVI),’’ and add,

in its place, the word ‘‘(G–MSE),’’.

PART 148—GENERAL

61. The authority citation for part 148

continues to read as follows:

Authority: Secs. 5(a), 5(b), Pub. L. 93–627,

88 Stat. 2131 (33 U.S.C. 1504(a), (b)); 49 CFR

1.46(s).

§§ 148.211 and 148.217 [Amended]

62. In 33 CFR part 148, remove the

words ‘‘Office of Marine Safety, Security

and Environmental Protection’’ and add,

in their place, the words ‘‘Marine Safety

and Environmental Protection’’ in the

following places:

(a) Section 148.211 introductory text;

and

(b) Section 148.217(a).

PART 151—VESSELS CARRYING OIL,

NOXIOUS LIQUID SUBSTANCES,

GARBAGE, MUNICIPAL OR

COMMERCIAL WASTE, AND BALLAST

WATER

63. The authority citation for part 151

continues to read as follows:

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

1903(b); E.O. 12777; 3 CFR, 1991 Comp. p.

351; 49 CFR 1.46.

§ 151.1012 [Amended]

64. In § 151.1012, in paragraph (a),

remove the word ‘‘(G–MPS–1),’’ and

add, in its place, the word ‘‘(G–MOC),’’.

§ 151.1021 [Amended]

65. In § 151.1021, in paragraphs (b)(1)

and (c), remove the words ‘‘Office of

Marine Safety, Security and

Environmental Protection’’ and add, in

their place, the words ‘‘Marine Safety

and Environmental Protection’’.

§ 151.27 and 151.28 [Amended]

66. In addition to the amendments set

forth above, in 33 CFR part 151, remove

the word ‘‘(G–MEP–6)’’ and add, in its

place, the word ‘‘(G–MOR)’’ in the

following places:

(a) Section 151.27(b); and

(b) Section 151.28(a), (b), and (c).

PART 153—CONTROL OF POLLUTION

BY OIL AND HAZARDOUS

SUBSTANCES, DISCHARGE

REMOVAL

67. The authority citation for part 153

continues to read as follows:

Authority: 14 U.S.C. 633; 33 U.S.C. 1321;

42 U.S.C. 9615; E.O. 12580, 3 CFR, 1987

Comp., p. 193; E.O. 12777, 3 CFR, 1991

Comp., p. 351; 49 CFR 1.45 and 1.46.

§ 153.103 [Amended]

68. In § 153.103, in paragraph (d),

remove the words ‘‘Office of Marine

Safety, Security and Environmental

Protection’’ and add, in their place, the

words ‘‘Marine Safety and

Environmental Protection’’.

PART 154—FACILITIES

TRANSFERRING OIL OR HAZARDOUS

MATERIAL IN BULK

69. 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.

§ 154.106 [Amended]

70. In § 154.106, in paragraph (b),

under the entry American National

Standards Institute, remove the words

‘‘1430 Broadway, New York, NY 10018’’

and add, in their place, the words ‘‘11

West 42nd Street, New York, NY

10036’’; and under the entry for

National Fire Protection Association,

before the words ‘‘Batterymarch Park’’

add the number ‘‘1’’.
33666 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

§ 154.108 [Amended]

71. In § 154.108, in paragraphs (a) and

(d), remove the words ‘‘Office of Marine

Safety, Security and Environmental

Protection’’ and add, in their place, the

words ‘‘Marine Safety and

Environmental Protection’’.

§ 154.1075 [Amended]

72. In § 154.1075, in paragraph (d),

remove the word ‘‘(G–MEP),’’ and add,

in its place, the word ‘‘(G–MOR),’’.

Appendix C, Part 154 [Amended]

73. In 33 CFR part 154, in Appendix

C, in paragraph 6.3.2, remove the word

‘‘(G–MEP–6),’’ and add, in its place, the

word ‘‘(G–MOR),’’.

§§ 154.800, 154.802, 154.806, 154.822,

154.826, 154.828, and Appendix A

[Amended]

74. In addition to the amendments set

forth above, in 33 CFR part 154, remove

the word ‘‘(G–MTH)’’ and add, in its

place, the word ‘‘(G–MSO)’’ in the

following places:

(a) Section 154.800(b);

(b) Section 154.802, in the definition

of certifying entity;

(c) Section 154.806(a), (b), (d), and the

note at the end of the section;

(d) Section 154.822(a)(2) and (b);

(e) Section 154.826(a)(3);

(f) Section 154.828(a)(3); and

(g) Appendix A to part 154,

introductory text.

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

75. The authority citation for part 155

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715; sec. 2, E.O. 12777, 56 FR 54757,

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

§ 155.140 [Amended]

76. In § 155.140, in paragraph (a),

remove the words ‘‘Marine

Environmental Protection Division (G–

MEP), room 2100,’’ and add, in their

place the words ‘‘Office of Compliance

(G–MOC),’’; and in paragraph (b), under

the entry for Oil Companies

International Marine Forum, remove the

words ‘‘6th Floor, Portland House, Stag

Place, London SW1E 5BH England’’ and

add, in their place, the words ‘‘15th

Floor, 96 Victoria Street, London SW1E

5JW England’’.

§ 155.1035 [Amended]

77. In § 155.1035, in paragraph

(b)(5)(i), remove the word ‘‘G–MOS–4’’

and add, in its place, the word ‘‘G–

MSO–4’’.

§ 155.1065 [Amended]

78. In § 155.1065, in paragraph (a),

remove the word ‘‘(G–MRO),’’ and add,

in its place, the word ‘‘(G–MOR),’’.

§ 155.1070 [Amended]

79. In § 155.1070, paragraph (f),

remove the words ‘‘Office of Marine

Safety and Environmental Protection,’’

and add, in their place, the words

‘‘Marine Safety and Environmental

Protection,’’.

Appendix B to Part 155 [Amended]

80. In 33 CFR part 155, in Appendix

B to the part, in paragraph 6.5, remove

the word ‘‘(G–MRO)’’ and add, in its

place, the word ‘‘(G–MOR)’’.

PART 156—OIL AND HAZARDOUS

MATERIAL TRANSFER OPERATIONS

81. The authority citation for part 156

continues to read as follows:

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

and (D); 46 U.S.C. 3703a. Subparts B and C

are also issued under 46 U.S.C. 3715.

§ 156.110 [Amended]

82. In § 156.110, in paragraphs (a) and

(d), remove the words ‘‘Office of Marine

Safety, Security and Environmental

Protection,’’ and add, in their place, the

words ‘‘Marine Safety and

Environmental Protection,’’.

§ 156.111 [Amended]

83. In § 156.111, in paragraph (a),

remove the words ‘‘Marine

Environmental Protection Division (G–

MEP), room 2100,’’ and add, in their

place the words ‘‘Office of Compliance

(G–MOC),’’.

PART 157—RULES FOR THE

PROTECTION OF THE MARINE

ENVIRONMENT RELATING TO TANK

VESSELS CARRYING OIL IN BULK

84. The authority citation for part 157

continues to read as follows:

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703,

3703a (note); 49 CFR 1.46. Subpart G is

issued under section 4115(b), Pub. L. 101–

380, 104 Stat. 520.

85. Section 157.03 is revised to read

as follows:

§ 157.03 Definitions.

Except as otherwise stated in a

subpart:

Amidships means the middle of the

length.

Ballast voyage means the voyage that

a tank vessel engages in after it leaves

the port of final cargo discharge.

Breadth or B means the maximum

molded breadth of a vessel in meters.

Cargo tank length means the length

from the forward bulkhead of the

forwardmost cargo tanks, to the after

bulkhead of the aftermost cargo tanks.

Center tank means any tank inboard

of a longitudinal bulkhead.

Clean ballast means ballast which:

(1) If discharged from a vessel that is

stationary into clean, calm water on a

clear day, would not—

(i) Produce visible traces of oil on the

surface of the water or on adjoining

shore lines; or

(ii) Cause a sludge or emulsion to be

deposited beneath the surface of the

water or upon adjoining shore lines; or

(2) If verified by an approved cargo

monitor and control system, has an oil

content that does not exceed 15 p.m.

Combination carrier means a vessel

designed to carry oil or solid cargoes in

bulk.

Crude oil means any liquid

hydrocarbon mixture occurring

naturally in the earth, whether or not

treated to render it suitable for

transportation, and includes crude oil

from which certain distillate fractions

may have been removed, and crude oil

to which certain distillate fractions may

have been added.

Deadweight or DWT means the

difference in metric tons between the

lightweight displacement and the total

displacement of a vessel measured in

water of specific gravity 1.025 at the

load waterline corresponding to the

assigned summer freeboard.

Dedicated clean ballast tank means a

cargo tank that is allocated solely for the

carriage of clean ballast.

Domestic trade means trade between

ports or places within the United States,

its territories and possessions, either

directly or via a foreign port including

trade on the navigable rivers, lakes, and

inland waters.

Double bottom means watertight

protective spaces that do not carry any

oil and which separate the bottom of

tanks that hold any oil within the cargo

tank length from the outer skin of the

vessel.

Double hull means watertight

protective spaces that do not carry any

oil and which separate the sides,

bottom, forward end, and aft end of

tanks that hold any oil within the cargo

tank length from the outer skin of the

vessel as prescribed in § 157.10d.

Doubles sides means watertight

protective spaces that do not carry any

oil and which separate the sides of tanks

that hold any oil within the cargo tank

length from the outer skin of the vessel.

Existing vessel means means any

vessel that is not a new vessel.

Foreign trade means any trade that is

not domestic trade.

From the nearest land means means

from the baseline from which the
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33667

territorial sea of the United States is

established in accordance with

international law.

Inland vessel means a vessel that is

not oceangoing and that does not

operate on the Great Lakes.

Instantaneous rate of discharge of oil

content means the rate of discharge of

oil in liters per hour at any instant,

divided by the speed of the vessel in

knots at the same instant.

Integrated tug barge means a tug and

a tank barge with a mechanical system

that allows the connection of the

propulsion unit (the tug) to the stern of

the cargo carrying unit (the tank barge)

so that the two vessels function as a

single self-propelled vessel.

Large primary structural member

includes any of the following:

(1) Web frames.

(2) Girders.

(3) Webs.

(4) Main brackets.

(5) Transverses.

(6) Stringers.

(7) Struts in transverse web frames

when there are 3 or more struts and the

depth of each is more than 1⁄15 of the

total depth of the tank.

Length or L means the distance in

meters from the fore side of the stem to

the axis of the rudder stock on a

waterline at 85 percent of the least

molded depth measured from the

molded baseline, or 96 percent of the

total length on that waterline,

whichever is greater. In vessels designed

with drag, the waterline is measured

parallel to the designed waterline.

Lightweight means the displacement

of a vessel in metric tons without cargo,

oil fuel, lubricating oil, ballast water,

fresh water, and feedwater in tanks,

consumable stores, and any persons and

their effects.

Major conversion means a conversion

of an existing vessel that:

(1) Substantially alters the dimensions

or carrying capacity of the vessel, except

a conversion that includes only the

installation of segregated ballast tanks,

dedicated clean ballast tanks, a crude oil

washing system, double sides, a double

bottom, or a double hull;

(2) Changes the type of vessel;

(3) Substantially prolongs the vessel’s

service life; or

(4) Otherwise so changes the vessel

that it is essentially a new vessel, as

determined by the Commandant (G–

MOC).

MARPOL Protocol means the Protocol

of 1978 Relating to the International

Convention for the Prevention of

Pollution from Ships, 1973, done at

London on February 17, 1978. This

Protocol incorporates and modifies the

International Convention for the

Prevention of Pollution from Ships,

1973, done at London on November 2,

1973.

New vessel means:

(1) A U.S. vessel in domestic trade

that:

(i) Is constructed under a contract

awarded after December 31, 1974;

(ii) In the absence of a building

contract, has the keel laid or is at a

similar stage of construction after June

30, 1975;

(iii) Is delivered after December 31,

1977; or

(iv) Has undergone a major

conversion for which:

(A) The contract is awarded after

December 31, 1974;

(B) In the absence of a contract,

conversion is begun after June 30, 1975;

or

(C) Conversion is completed after

December 31, 1977; and

(2) A foreign vessel or a U.S. vessel in

foreign trade that:

(i) Is constructed under a contract

awarded after December 31, 1975;

(ii) In the absence of a building

contract, has the keel laid or is at a

similar stage of construction after June

30, 1976;

(iii) Is delivered after December 31,

1979; or

(iv) Has undergone a major

conversion for which:

(A) The contract is awarded after

December 31, 1975;

(B) In the absence of a contract,

conversion is begun after June 30, 1976;

or

(C) Conversion is completed after

December 31, 1979.

Oceangoing has the same meaning as

defined in § 151.05 of this chapter.

Oil means oil of any kind or in any

form including, but not limited to,

petroleum, fuel oil, sludge, oil refuse,

and oil mixed with wastes other than

dredged spoil. This includes liquid

hydrocarbons as well as animal and

vegetable oils.

Oil fuel means any oil used as fuel for

machinery in the vessel in which it is

carried.

Oil spill response vessel means a

vessel that is exclusively dedicated to

operations to prevent or mitigate

environmental damage due to an actual

or impending accidental oil spill. This

includes a vessel that performs routine

service as an escort for a tank vessel, but

excludes a vessel that engages in any

other commercial activity, such as the

carriage of any type of cargo.

Oil tanker means a vessel that is

constructed or adapted primarily to

carry crude oil or products in bulk as

cargo. This includes a tank barge, a

tankship, and a combination carrier, as

well as a vessel that is constructed or

adapted primarily to carry noxious

liquid substances in bulk as cargo and

which also carries crude oil or products

in bulk as cargo.

Oil mixture means a mixture with any

oil content.

Permeability of a space means the

ratio of the volume within a space that

is assumed to be occupied by water to

the total volume of that space.

Product means any liquid

hydrocarbon mixture in any form,

except crude oil, petrochemicals, and

liquefied gases.

Segregated ballast means the ballast

water introduced into a tank that is

completely separated from the cargo oil

and oil fuel system and that is

permanently allocated to the carriage of

ballast.

Slop tank means a tank specifically

designated for the collection of cargo

drainings, washings, and other oil

mixtures.

Tank means an enclosed space that is

formed by the permanent structure of a

vessel, and designed for the carriage of

liquid in bulk.

Tank barge means a tank vessel not

equipped with a means of selfpropulsion.

Tank vessel means a vessel that is

constructed or adapted primarily to

carry, or that carries, oil or hazardous

material in bulk as cargo or cargo

residue, and that—

(1) Is a vessel of the United States;

(2) Operates on the navigable waters

of the United States; or

(3) Transfers oil or hazardous material

in a port or place subject to the

jurisdiction of the United States. This

does not include an offshore supply

vessel, or a fishing vessel or fish tender

vessel of not more than 750 gross tons

when engaged only in fishing industry.

Tankship means a tank vessel

propelled by mechanical power or sail.

Wing tank means a tank that is located

adjacent to the side shell plating.

§ 157.06 [Amended]

85a. In § 157.06, in paragraph (c),

remove the words ‘‘Office of Merchant

Marine Safety’’ and add, in their place,

the words ‘‘Marine Safety and

Environmental Protection’’, each time

they appear in the paragraph.

§ 157.06 and 157.306 [Amended]

86. In addition to the amendments set

forth above, in 33 CFR part 157, remove

the words ‘‘Office of Marine Safety,

Security and Environmental Protection’’

and add, in their place, the words

‘‘Marine Safety and Environmental

Protection’’ in the following places:

(a) Section 157.06(c);
33668 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

(b) Section 157.06(d); and

(c) Section 157.306(a).

§§ 157.04, 157.24a, 157.102, 157.110,

157.144, 157.147, 157.202, 157.208, 157.302,

and 157.306 [Amended]

87. In addition to the amendments set

forth above, in 33 CFR part 157, remove

the word ‘‘(G–MVI)’’ and add, in its

place, the word ‘‘(G–MOC)’’ in the

following places:

(a) Section 157.04(b) and (d)(5);

(b) Section 157.24a (b)(1) and (c)(1);

(c) Section 157.102 introductory text;

(d) Section 157.110 introductory text;

(e) Section 157.144(a);

(f) Section 157.147(a);

(g) Section 157.202 introductory text;

(h) Section 157.208 introductory text;

(i) Section 157.302(a); and

(j) Section 157.306(c).

PART 158—RECEPTION FACILITIES

FOR OIL, NOXIOUS LIQUID

SUBSTANCES, AND GARBAGE

88. The authority citation for part 158

continues to read as follows:

Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.

89. Section 158.140(a)(2) is revised to

read as follows:

§ 158.140 Applying for a Certificate of

Adequacy.

(a) * * *

(1) * * *

(2) An applicant for a Certificate of

Adequacy required by section

158.135(c) must apply on Form C to the

COTP of the Zone in which the or

terminal is located.

* * * * *

§ 158.160 [Amended]

90. In § 158.160, in paragraph (c)

introductory text, remove the words

‘‘Commandant (G–MPS–1) or’’.

§ 158.190 [Amended]

91. In § 158.190, in paragraphs (c)(1)

and (d), remove the words ‘‘Office of

Marine Safety, Security and

Environmental Protection’’ and add, in

their place, the words ‘‘Marine Safety

and Environmental Protection’’.

PART 159—MARINE SANITATION

DEVICES

92. 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).

93. Section 159.3 is revised to read as

follows:

§ 159.3 Definitions.

In this part:

Coast Guard means the Commandant

or his authorized representative.

Discharge includes, but is not limited

to, any spilling, leaking, pouring,

pumping, emitting, emptying, or

dumping.

Existing vessel includes any vessel,

the construction of which was initiated

before January 30, 1975.

Fecal coliform bacteria are those

organisms associated with the intestine

of warm-blooded animals that are

commonly used to indicate the presence

of fecal material and the potential

presence of organisms capable of

causing human disease.

Inspected vessel means any vessel

that is required to be inspected under 46

CFR Ch. I.

Manufacturer means any person

engaged in manufacturing, assembling,

or importing of marine sanitation

devices or of vessels subject to the

standards and regulations promulgated

under section 312 of the Federal Water

Pollution Control Act.

Marine sanitation device and device

includes any equipment for installation

on board a vessel which is designed to

receive, retain, treat, or discharge

sewage, and any process to treat such

sewage.

New vessel includes any vessel, the

construction of which is initiated on or

after January 30, 1975.

Person means an individual,

partnership, firm, corporation, or

association, but does not include an

individual on board a public vessel.

Public vessel means a vessel owned or

bare-boat chartered and operated by the

United States, by a State or political

subdivision thereof, or by a foreign

nation, except when such vessel is

engaged in commerce.

Recognized facility means any

laboratory or facility listed by the Coast

Guard as a recognized facility under this

part.

Sewage means human body wastes

and the wastes from toilets and other

receptacles intended to receive or retain

body waste.

Territorial seas means the belt of the

seas measured from the line of ordinary

low water along that portion of the coast

which is in direct contact with the open

sea and the line marking the seaward

limit of inland waters, and extending

seaward a distance of 3 miles.

Type I marine sanitation device

means a device that, under the test

conditions described in §§ 159.123 and

159.125, produces an effluent having a

fecal coliform bacteria count not greater

than 1,000 per 100 milliliters and no

visible floating solids.

Type II marine sanitation device

means a device that, under the test

conditions described in §§ 159.126 and

159.126a, produces an effluent having a

fecal coliform bacteria count not greater

than 200 per 100 milliliters and

suspended solids not greater than 150

milligrams per liter.

Type III marine sanitation device

means a device that is designed to

prevent the overboard discharge of

treated or untreated sewage or any waste

derived from sewage.

Uninspected vessel means any vessel

that is not required to be inspected

under 46 CFR Chapter I.

United States includes the States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, Guam, American Samoa,

the Canal Zone, and the Trust Territory

of the Pacific Islands.

Vessel includes every description of

watercraft or other artificial contrivance

used, or capable of being used, as a

means of transportation on the waters of

the United States.

§ 159.201 [Amended]

94. In § 159.201, in paragraph (a),

remove the word ‘‘(G–MVI),’’ and add,

in its place, the word ‘‘(G–MOC),’’.

§§ 159.12, 159.15, 159.17, 159.19, and

159.205 [Amended]

95. In addition to the amendments set

forth above, in 33 CFR part 159, remove

the word ‘‘(G–MVI),’’ and add, in its

place, the word ‘‘(G–MSE),’’ in the

following places:

(a) Section 159.12(c);

(b) Section 159.15 (a) and (c);

(c) Section 159.17 (a) and (c);

(d) Section 159.19(a); and

(e) Section 159.205 (j) and (k).

PART 160—PORTS AND WATERWAYS

SAFETY—GENERAL

96. The authority citation for part 160

continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 3703a

(note); 49 CFR 1.46. Section 160.207(c)(5) is

issued under 4115(b), Pub. L. 101–380, 104

Stat. 520.

§ 160.7 [Amended]

97. In § 160.7, in paragraph (c),

remove the words ‘‘Office of Marine

Safety, Security and Environmental

Protection’’ and add, in their place, the

words ‘‘Marine Safety and

Environmental Protection’’ wherever it

appears in the paragraph.

§ 160.113 [Amended]

98. In § 160.113, in paragraph (d),

remove the word ‘‘operationg’’ and add,

in its place,the word ‘‘operating’’.

§ 160.201 [Amended]

99. In § 160.201, in paragraph (c)

introductory text, remove the words

‘‘Sections 160.207 and 160.209 do’’ and
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33669

add, in their place, the words ‘‘Section

160.207 does’’.

PART 164—NAVIGATION SAFETY

REGULATIONS

100. The authority citation for part

164 continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 2103,

3703; 49 CFR 1.46. Sec. 164.13 also issued

under 46 U.S.C. 8502 sec. 4114(a), Pub. L.

101–380, 104 Stat. 517 (46 U.S.C. 3703 note).

Sec. 164.61 also issued under 46 U.S.C. 6101.

§ 164.03 [Amended]

101. In § 164.03, in paragraph (a),

remove the words ‘‘U.S. Coast Guard,

Marine Environmental Protection

Division (G–MEP), room 2100’’ and add,

in their place, the words ‘‘Office of

Vessel Traffic Management (G–MOV),

Coast Guard Headquarters’’.

§ 164.41 [Amended]

102. In § 164.41, in paragraph (a)(3),

remove the words ‘‘Office of Navigation

Safety and Waterway Services,’’ and

add, in their place, the words ‘‘Chief,

Operations,’’.

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

103. 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 and 160.5;

49 CFR 1.46.

Part 165, Subpart F [Amended]

104. In 33 CFR part 165, in the Table

of Contents, under Subpart F, remove

the entry for § 165.T01–134.

§ 165.T01–005 [Removed]

105. Section 165.T01–005 is removed.

§§ 165.202, 165.203, and 165.204

[Redesignated as §§ 165.815, 165.817, and

165.819]

106. Sections 165.202, 165.203, and

165.204 are redesignated as sections

165.815, 165.817, and 165.819.

§ 165.702 [Removed]

107. Section 165.702 is removed.

§ 165.1112 [Removed]

Section 165.1112 is removed.

§ 165.1402 [Amended]

108. In § 165.1402, in paragraphs (a)

and (b)(4), add the words ‘‘(Based on

WGS 84 Datum)’’ following the last

sentence in the paragraph.

§ 165.1406 [Amended]

109. In § 165.1406, in paragraph (a),

add the words ‘‘(Datum: OHD)’’

following the last sentence in the

paragraph.

PART 174—STATE NUMBERING AND

CASUALTY REPORTING SYSTEMS

110. The authority citation for part

174 continues to read as follows:

Authority: 46 U.S.C. 6101, 12302; 49 CFR

1.46.

§ 174.3 [Amended]

111. In § 174.3, all paragraph

designators are removed.

§§ 174.7 and 174.125 [Amended]

112. In addition to the amendments

set forth above, in 33 CFR part 174,

remove the words ‘‘U.S. Coast Guard

Auxiliary, Boating, and Consumer

Affairs Division,’’ and add, in their

place, the words ‘‘Office of Boating

Safety,’’ in the following places:

(a) Section 174.7; and

(b) Section 174.125.

PART 179—DEFECT NOTIFICATION

113. The authority citation for part

179 continues to read as follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 4302,

4307, 4310, and 4311; 49 CFR 1.46.

§ 179.19 [Amended]

114. In § 179.19, in the text, remove

the words ‘‘U.S. Coast Guard

Recreational Boating Product Assurance

Branch,’’ and add, in their place, the

words ‘‘Recreational Boating Product

Assurance Division,’’.

PART 181—MANUFACTURER

REQUIREMENTS

115. The authority citation for part

181 continues to read as follows:

Authority: 46 U.S.C. 4302 and 4310; 49

CFR 1.46.

116. Section 181.3 is revised to read

as follows:

§ 181.3 Definitions.

As used in this part:

Associated equipment means:

(1) Any system, part, or component of

a boat as originally manufactured or any

similar part or component manufactured

or sold for replacement, repair, or

improvement of such system, part, or

component;

(2) Any accessory or equipment for, or

appurtenance to, a boat; and

(3) Any marine safety article,

accessory, or equipment intended for

use by a person or board a boat; but

(4) Excluding radio equipment.

Boat means any vessel manufactured

or used primarily for noncommercial

use; leased, or rented, or chartered to

another for the latter’s noncommercial

use; or engaged in the carrying of six or

fewer passengers.

Date of certification means the date

on which a boat or item of associated

equipment is certified to comply with

all applicable U.S. Coast Guard safety

standards in effect on that date.

Date of manufacture means the month

and year during which construction or

assembly of a boat or item of associated

equipment begins.

Manufacturer means any person

engaged in:

(1) The manufacture, construction, or

assembly of boats or associated

equipment; or

(2) The importation into the United

States for sale of boats, associated

equipment, or components thereof.

Model year means the period

beginning August 1 of any year and

ending on July 31 of the following year.

Each model year is designated by the

year in which it ends.

Private label merchandiser means any

person engaged in the business of

selling and distributing, under his own

trade name, boats, or items of associated

equipment manufactured by another.

§ 181.4 [Amended]

117. In § 181.4, paragraph (a), remove

the words ‘‘United States Coast Guard

Survival Systems Branch (G–MVI–3),’’

and add, in their place, the words

‘‘Lifesaving and Fire Safety Standards

Division (G–MSE–4),’’.

§§ 181.31 and 181.33 [Amended]

118. In addition to the amendments

set forth above, in 33 CFR part 181,

remove the words ‘‘U.S. Coast Guard

Recreational Boating Product Assurance

Branch,’’ and add, in their place, the

words ‘‘Recreational Boating Product

Assurance Division,’’ in the following

places:

(a) Section 181.31 (a) and (b); and

(b) Section 181.33(b).

PART 183—BOATS AND ASSOCIATED

EQUIPMENT

119. The authority citation for part

183 continues to read as follows:

Authority: 46 U.S.C. 4302; 49 CFR 1.46.

120. In Section 183.3 the definitions

are revised to read as follows:

§ 183.3 Definitions.

Beam means the transverse distance

between the outer sides of the boat

excluding handles, and other similar

fittings, attachments, and extensions.

Boat means any vessel manufactured

or used primarily for noncommercial

use; leased, rented, or chartered to

another for the latter’s noncommercial

use; or engaged in the carrying of six or

fewer passengers.

Full transom means a transom with a

maximum width which exceeds onehalf the maximum beam of the boat.
33670 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

Length means the straight line

horizontal measurement of the overall

length from the foremost part of the boat

to the aftermost part of the boat,

measured from end to end over the deck

excluding sheer, and measured parallel

to the centerline. Bow sprits, bumpkins,

rudders, outboard motor brackets,

handles, and other similar fittings,

attachments, and extensions are not

included in the measurement.

Monohull boat means a boat on which

the line of intersection of the water

surface and the boat at any operating

draft forms a single closed curve. For

example, a catamaran, trimaran, or a

pontoon boat is not a monohull boat.

Motorwell means any arrangement of

bulkheads or structures that prevents

water from entering the passenger

carrying area of the boat through any

cutout area in the transom for mounting

an outboard motor.

Motorwell height means the vertical

distance from the lowest point of water

ingress along the top of the motorwell

to a line representing a longitudinal

extension of the centerline of the boat’s

bottom surface, excluding keels. This

distance is measured as a projection on

the centerline plane of the boat. See

Figure 183.3.

Permanent appurtenances means

equipment that is mounted or fastened,

so that it is not removable without the

use of tools. Seats, inboard engines,

windshields, helm stations, or hardtops

are permanent appurtenances. Outboard

motors, controls, batteries, and portable

fuel tanks are not permanent

appurtenances.

Remote steering means any

mechanical assist device which is

rigidly attached to the boat and used in

steering the vessel, including but not

limited to mechanical, hydraulic, or

electrical control systems.

Sailboat means a boat designed or

intended to use sails as the primary

means of propulsion.

Sheer means the topmost line in a

boat’s side. The sheer intersects the

vertical centerline plane of the boat at

the forward end and intersects the

transom (stern) at the aft end. For the

purposes of this definition, the topmost

line in a boat’s side is the line defined

by a series of points of contact with the

boat structure, by straight lines at 45

degree angles to the horizontal and

contained in a vertical plane normal to

the outside edge of the boat as seen from

above and which are brought into

contact with the outside of the

horizontal boat. A boat is horizontal

when it is transversely level and when

the lowest points at 40 percent and 75

percent of the boat’s length behind the

most forward point of the boat are level.

Transom means the surface at the

stern of a boat projecting or facing aft.

The upper boundary of the transom is

the line defined by a series of points of

contact, with the boat structure, by

straight lines at 45 degree angles to the

horizontal and contained in a vertical

longitudinal plane and which are

brought into contact with the stern of

the horizontal boat. A boat is horizontal

when it is transversely level and when

the lowest points at 40 percent and 75

percent of the boat’s length behind the

most forward point of the boat are level.

Vessel includes every description of

watercraft, other than a seaplane on the

water, used or capable of being used as

a means of transportation on the water.

* * * * *

§ 183.5 [Amended]

121. In § 183.5, in paragraph (a),

remove the words ‘‘United States Coast

Guard Recreational Boating Product

Assurance Branch,’’ and add, in their

place, the words ‘‘Recreational Boating

Product Assurance Division,’’; and in

paragraph (b), under the entry for

Institute of Electrical and Electronic

Engineers, remove the words ‘‘3435 East

47th Street, New York, NY 10017’’ and

add, in their place, the words ‘‘445 Hoes

Lane, Piscataway, NJ 08854’’; and under

the entry for National Fire Protection

Association, before the words

‘‘Batterymarch Park’’ add the number

‘‘1’’.

§ 183.110 [Amended]

122. In § 183.110, in the definition of

ASTM, remove the words ‘‘Room 4210,’’

and add, in their place, the words

‘‘Room 1308,’’; and remove the word

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

word ‘‘approved’’.

§ 183.402 [Amended]

123. In § 183.402, all paragraph

designators are removed.

PART 187—VESSEL IDENTIFICATION

SYSTEM

124. The authority citation for part

187 continues to read as follows:

Authority: 46 U.S.C. 2103; 49 CFR 1.46.

§§ 187.7 and 187.9 [Amended]

125. In 33 CFR part 187, remove the

word ‘‘(G–NAB)’’ and add, in its place,

the word ‘‘(G–OPB)’’ in the following

places:

(a) Section 187.7(a); and

(b) Section 187.9(b).

Dated: June 21, 1996.

Howard L. Hime,

Acting Director of Standards, Marine Safety

and Environmental Protection.

[FR Doc. 96–16488 Filed 6–27–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 100

[CGD08–96–015]

RIN 2115–AE46

Special Local Regulations: Kentucky

Drag Boat Association Races; Green

River Mile 70.0–71.5, Livermore, KY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Special local regulations are

being adopted for the Kentucky Drag

Boat Association races. This event will

be held on June 26–30, 1996 from 9 a.m.

until 7 p.m. at Livermore, Kentucky.

These regulations are needed to provide

for the safety of life on navigable waters

during the event.

EFFECTIVE DATES: This rule is effective at

9 a.m. on June 28, 1996 and will

terminate at 7 p.m. on June 30, 1996.

FOR FURTHER INFORMATION CONTACT:

LT Gregory A. Howard, Chief, Port

Operations Department, USCG Marine

Safety Office, Louisville, Kentucky at

(502) 582–5194, ext. 39.

SUPPLEMENTARY INFORMATION:

Regulatory History

In accordance with 5 U.S.C. § 553, a

notice of proposed rule making for these

regulations has not been published and

good cause exists for making them

effective in less than 30 days from the

date of publication. Following normal

rule making procedures would be

impracticable. The details of the event

were not finalized in sufficient time to

publish proposed rules in advance of

the event or to provide for a delayed

effective date.

Background and Purpose

The marine event requiring this

regulation is a series of quarter mile

drag boat races. The event is sponsored

by the Kentucky Drag Boat Association.

The course to be followed by the race

participants will be marked by precisely

placed marker buoys positioned at

various points along the quarter mile

course. Commercial vessels will be

permitted to transit the area every three

hours.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not