[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Rules and Regulations]
[Pages 56505-56511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21884]



[[Page 56505]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 10, 12, 13, 14, 15, 28, 31, 71, 91, 107, 150, 176, 
401 and 402

[USCG-2008-0906]
RIN 1625-ZA20


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 
regulations. This rule will have no substantive effect on the regulated 
public. These changes are provided to coincide with the annual 
recodification of Title 46 on October 1.

DATES: This final rule is effective September 29, 2008.

ADDRESSES: Comments and material received from the public as well as 
documents mentioned in this preamble as being available in the docket, 
are part of USCG-2008-0906 and are available for inspection or copying 
at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LCDR Reed Kohberger, CG-5232, Coast Guard, telephone 202-372-1471. 
If you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Regulatory History
II. Background and Purpose
III. Discussion of Rule
IV. Regulatory Evaluation
    A. Executive Order 12866
    B. Small Entities
    C. Collection of Information
    D. Federalism
    E. Unfunded Mandates Reform Act
    F. Taking of Private Property
    G. Civil Justice Reform
    H. Protection of Children
    I. Indian Tribal Governments
    J. Energy Effects
    K. Technical Standards
    L. Environment

I. Regulatory History

    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 this rule is exempt from notice and comment rulemaking 
requirements because these changes involve agency organization and 
practices, and good cause exists for not publishing an NPRM for all 
revisions in the rule because they are all non-substantive changes. 
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.

II. Background and Purpose

    Each year the printed edition of Title 46 of the Code of Federal 
Regulations is updated on October 1. This rule, which becomes effective 
September 29, 2008, makes technical and editorial corrections 
throughout Title 46. This rule does not create any substantive 
requirements.

III. Discussion of Rule

    This rule updates the address and contact information for the 
National Maritime Center (NMC) in 10 sections: the Marine Index Bureau 
in 1 section; the National Cargo Bureau in 1 section; and the 
International Cargo Bureau in 8 sections. We updated internal Coast 
Guard office designators in nine sections, and typographical errors 
were corrected in Sec. Sec.  10.219, 28.50, 28.275(a)(2), 28.390(c), 
and 176.816. Further, certain sections of Title 46 previously included 
a list of Regional Examination locations; however, as a result of other 
rulemakings, these sections currently state that the list of Regional 
Examination locations is available through the Coast Guard Web site at 
http://www.uscg.mil. We updated cross-references to these sections in 
Sec. Sec.  12.02-23(e), 12.02-27(a)(2), 13.107(f), 10.105 and 13.109(c) 
to ensure the public may easily locate the list of Regional Examination 
locations.
    Additional amendments to parts 10, 14, 15, 28, 71, 91, 401, and 402 
are:
    46 CFR 10.464. We amended Sec.  10.464(f)(3) for clarity and to 
make it consistent with Sec.  10.464(f)(2).
    46 CFR Part 14. We updated the address for the NMC throughout Title 
46 to reflect their move to West Virginia. In addition to updating the 
address, we removed the outdated facsimile number in Sec.  14.103(b), 
and replaced it with NMC's public contact e-mail address. The facsimile 
number listed is no longer valid, and the NMC is now accepting 
communications via electronic mail. We also added paragraph (c) to 
Sec.  14.103 to provide the NMC's World Wide Web address.
    46 CFR 15.610. We removed Sec.  15.610(c) because it expired on May 
21, 2006. We re-designated Sec.  15.610(d) as Sec.  15.610(c) due to 
the removal of paragraph (c).
    46 CFR 28.575. We amended 46 CFR 28.575 to correct two 
typographical errors. The first typographical error appears in the 
formula in paragraph (b). Specifically, the figure two in the formula 
should be a superscripted figure two. The correct formula, with the 
superscripted figure, was added to the CFR in 1991 (56 FR 40413). The 
typographical error appeared in the CFR in 1997. The Coast Guard 
amended Sec.  28.575 twice between 1991 and 1997 (56 FR 47679 and 60 FR 
50461); however neither amendment affected the superscripted figure, 
and as such the cause for the error is unknown. Further, we have 
contacted members of the public that may have been impacted by the 
typographical error; and they have indicated that, in completing the 
calculation, they have relied on the original formula published in 1991 
rather than the formula published since 1997. This amendment will 
merely restore the formula to that which was published in 1991. The 
second typographical error appears in Figure 28.575, which is the 
graphical representation for Sec.  28.575. Figure 28.575 shows a heel 
angle of 40 degrees while the text of the rule in paragraph (e)(3) 
states a heel angle of 50 degrees. Thus, we corrected Figure 28.575 to 
accurately reflect the rule text.
    46 CFR Parts 71 and 91. 73 FR 35959 amended Sec.  31.10-16 by 
adding the National Cargo Bureau, Inc., as a recognized inspection 
organization. Previously this section only listed the International 
Cargo Gear Bureau, Inc., as a recognized inspection organization. 
Sections 71.65-1 and 91.55-1 referenced Sec.  31.10-16 to identify the 
International Cargo Gear Bureau, Inc., as the cargo gear organization 
authorized to approve cargo gear plans and specifications. The 
International Cargo Gear Bureau, Inc., remains the only authorized 
organization, other than recognized classification societies authorized 
to perform the approval of plans as described in Sec. Sec.  71.65-1 and 
91.55-1. We amended Sec. Sec.  71.65-1 and

[[Page 56506]]

91.55-1 to eliminate confusion, and ensure that mariners continue to be 
directed to appropriate cargo gear plans and specifications approval 
organizations.
    46 CFR Part 401. In Sec. Sec.  401.200 and 401.211, we removed a 
provision requiring pilots to submit fingerprint charts with 
registration applications. We removed these provisions because they 
duplicate the same requirement found in Sec.  401.210(a)(1). In Sec.  
401.450, we amended a reference to a pilot change point located in 
Canada. Previously, the Canadians identified Lock No. 7, Welland Canal, 
as an appropriate pilot change point. The Canadians have relocated the 
pilot change point and it is now located at Port Colburne. Both Welland 
Canal and Port Colburn are under Canadian jurisdiction--rather than 
U.S. jurisdiction--and as such this amendment imposes no, U.S. based, 
substantive burden on the regulated public. This amendment merely 
conveys Canadian operating procedures to mariners that may traverse 
Canadian waters. Pilots traversing Canadian waters have been complying 
with this change for many years. Lastly, we amended Sec.  401.720 to 
reflect the re-codification of 46 U.S.C. 216b(e). Public Law 109-304 
(An Act to complete the codification of title 46, United States Code, 
``Shipping'', as positive law) re-codified 46 U.S.C. 216b(e) as 46 
U.S.C. 9304.
    46 Part 402. We revised the authorities section by removing a 
reference to a Department of Transportation regulation that no longer 
applies to the Coast Guard. We 2104(a) amended Sec.  402.220 by 
removing a reference to a memorandum of agreement between Canada and 
the United States, dated 1961, regarding Great Lakes pilotage, and 
replaced it with a more current version of that agreement dated 1977. 
There were no substantive changes between the two agreements impacting 
the public. Lastly, we revised Sec.  402.320 to reflect the most 
current ``working rules'' on file with the Coast Guard. These working 
rules are compiled by voluntary U.S. registered pilot associations 
authorized to establish pilotage pools. This amendment provides the 
public with information regarding the current working rules compiled by 
those organizations.

IV. Regulatory Analyses

A. Executive Order 12866

    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 Analysis is unnecessary. 
As this rule involves internal agency practices and procedures and non-
substantive changes, it will not impose any costs on the public.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
This rule does not require a general notice of proposed rulemaking and, 
therefore, is exempt from the requirements of the Regulatory 
Flexibility Act. However, the Coast Guard certifies under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities.

C. 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).

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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 at OMB has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

K. 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

[[Page 56507]]

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.

L. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that under the Instruction 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. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

List of Subjects

46 CFR Part 1

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

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 14

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 150

    Hazardous materials transportation, Marine safety, Occupational 
safety and health, Reporting and recordkeeping requirements.

46 CFR Part 176

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 402

    Great Lakes, Navigation (water), Seamen.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR Parts 1, 10, 12, 13, 14, 15, 28, 31, 71, 91, 107, 150, 176, 401 and 
402 as set forth below: Title 46--Shipping

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

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

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.


Sec.  1.01-15  [Amended]

0
2. In Sec.  1.01-15(e), remove the sentence ``Applicants may contact 
the National Maritime Center at 4200 Wilson Boulevard, Suite 630, 
Arlington, Virginia 22203-1804, or by telephone at 202-493-1002.'' and 
add, in its place, the sentence ``Applicants may contact the National 
Maritime Center at 100 Forbes Drive, Martinsburg, West Virginia 25404, 
or by telephone at 1-888-I-ASK-NMC (1-888-427-5662).''


Sec.  1.03-15  [Amended]

0
3. Amend Sec.  1.03-15(h) as follows:
0
a. In paragraph (h)(1), remove the office designator ``(G-MOC)'', and 
add, in its place, the office designator ``(CG-543)'';
0
b. In paragraph (h)(2), remove the office designator ``(G-MS)'', and 
add, in its place, the office designator ``(CG-52)'';
0
c. In paragraph (h)(3), in the first sentence, remove the office 
designator ``(CG-3PC)'' and add, in its place, the office designator 
``(CG-54)'';
0
d. In paragraph (h)(3), in the second sentence, remove the office 
designator ``CG-3PC(d)'', and add, in its place, the office designator 
``(CG-54d)'';
0
e. In paragraph (h)(4), remove the office designator ``(G-PSE)'', and 
add, in its place, the office designator ``(CG-521)''; and
0
f. In paragraph (h)(5), remove the office designator ``(G-M)'', and 
add, in its place, the office designator ``(CG-5)''.


Sec.  1.03-40  [Amended]

0
4. In Sec.  1.03-40, remove, in both sentences, the phrase ``Director 
of Inspection and Compliance, Commandant (G-PC)'', and add, in its 
place, the phrase ``Director of Prevention Policy, Commandant (CG-
54)''.


Sec.  1.03-45  [Amended]

0
5. In Sec.  1.03-45, remove, in both sentences, the phrase ``Director 
of Inspection and Compliance, Commandant (G-3PC)'' and add, in its 
place, the phrase ``Director of Prevention Policy, Commandant (CG-
54)''.


Sec.  1.03-50  [Amended]

0
6. In Sec.  1.03-50, remove the office designator ``(G-M)'' and add, in 
its place, the office designator ``(CG-5)''.

PART 10--LICENSING OF MARITIME PERSONNEL

0
7. 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; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 10.107 is also issued under the 
authority of 44 U.S.C. 3507.


Sec.  10.105  [Amended]

0
8. In Sec.  10.105 paragraph (a), remove the phrase ``National Maritime 
Center,

[[Page 56508]]

at 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804 or by 
telephone at 202-493-1002'', and add, in its place, the phrase 
``National Maritime Center, 100 Forbes Drive, Martinsburg WV 25404 or 
by telephone at 1-888-I-ASK-NMC (1-888-427-5662)''.


Sec.  10.112  [Amended]

0
9. In Sec.  10.112 paragraph (b), remove the phrase ``Commanding 
Officer, U.S. Coast Guard National Maritime Center, 4200 Wilson 
Boulevard, Suite 630, Arlington, VA 22203-1804'', and add, in its 
place, the phrase ``Commandant (CG-5434), U.S. Coast Guard, 2100 Second 
Street, SW., Washington, DC 20593''.


Sec.  10.213  [Amended]

0
10. In Sec.  10.213 paragraph (e), remove the word ``Commandant'', and 
add, in its place, the phrase ``National Maritime Center''.


Sec.  10.219  [Amended]

0
11. In Sec.  10.219 paragraph (a), remove the phrase ``any OCMI'', and 
add, in its place, the phrase ``the Coast Guard''.


Sec.  10.302  [Amended]

0
12-13. In Sec.  10.302 paragraph (a), remove the phrase ``Commanding 
Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 
630, Arlington, VA 22203-1804'', and add, in its place, the phrase 
``Commanding Officer, National Maritime Center, NMC-42, 100 Forbes 
Drive, Martinsburg WV 25404''.


Sec.  10.303  [Amended]

0
14. In Sec.  10.303 paragraph (e), remove the office designator ``(NMC-
4B)'' and add, in its place, the office designator''NMC-42''.


Sec.  10.304  [Amended]

0
15. In Sec.  10.304 paragraph (a), remove the office designator ``, 
NMC-2''.


Sec.  10.307  [Amended]

0
16. In Sec.  10.307
0
a. Remove the phrase ``Commanding Officer, National Maritime Center, 
NMC-2, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804'' and 
add, in its place, the phrase ``Commanding Officer, National Maritime 
Center, NMC-42, 100 Forbes Drive, Martinsburg WV 25404''; and
0
b. Remove the Web site ``www.uscg.mil/nmc'' and add, in its place, the 
Web site ``http://www.uscg.mil/STCW//''.


Sec.  10.309  [Amended]

0
17. In Sec.  10.309 paragraph (a)(11), remove the phrase ``Commanding 
Officer, National Maritime Center, NMC-2, 4200 Wilson Boulevard, Suite 
630, Arlington, VA 22203-1804'', and add, in its place, the phrase 
``Commanding Officer, National Maritime Center, NMC-42,100 Forbes 
Drive, Martinsburg WV 25404''.


Sec.  10.464  [Amended]

0
18. In Sec.  10.464 paragraph (f) (3), remove the phrase ``complete a 
TOAR.'' and add, in its place, the phrase ``complete an approved 
training course.''

PART 12--CERTIFICATION OF SEAMEN

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

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301, 
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  12.01-7  [Amended]

0
20. In Sec.  12.01-7, remove the sentence ``Applicants may contact the 
National Maritime Center at 4200 Wilson Boulevard, Suite 630, 
Arlington, Virginia 22203-1804, or by telephone at 202-493-1002.'' and 
add, in its place, the sentence ``Applicants may contact the National 
Maritime Center at 100 Forbes Drive, Martinsburg, West Virginia 25404, 
or by telephone at 1-888-I-ASK-NMC (1-888-427-5662).''


Sec.  12.02-23  [Amended]

0
21. In Sec.  12.02-23(c), remove the word ``listed'' and add, in its 
place, the word ``referenced''.


Sec.  12.02-27  [Amended]

0
22. In Sec.  12.02-27(a)(2), remove the word ``listed'' and add, in its 
place, the word ``referenced''.


Sec.  12.03-1  [Amended]

0
23. In Sec.  12.03-1(a)(11), remove the phrase ``Commanding Officer, 
National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 630, 
Arlington, Virginia 22203-1804'' and add, in its place, the phrase 
``Commanding Officer, National Maritime Center, NMC-2, 100 Forbes 
Drive, Martinsburg, West Virginia 25404''.

PART 13--CERTIFICATION OF TANKERMEN

0
24. The authority citation for part 13 continues to read as follows:

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  13.107  [Amended]

0
25. In Sec.  13.107(f), remove the word ``listed'' and add, in its 
place, the word ``referenced''.


Sec.  13.109  [Amended]

0
26. In Sec.  13.109(c), remove the word ``listed'' and add, in its 
place, the word ``referenced''.

PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS

0
27. The authority citation for part 14 continues to read as follows:

    Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104.


0
28. Revise Sec.  14.103 to read as follows:


Sec.  14.103  Addresses of Coast Guard.

    (a) U.S. postal mail: U.S. Coast Guard National Maritime Center 
(NMC-42), 100 Forbes Drive, Martinsburg, West Virginia 25404.
    (b) Electronic mail: <a href="/cdn-cgi/l/email-protection#9dd4dcced6d3d0dedde8eefefab3f0f4f1"><span class="__cf_email__" data-cfemail="773e36243c393a343702041410591a1e1b">[email protected]</span></a>.
    (c) World wide web: http://www.uscg.mil/nmc.

PART 15--MANNING REQUIREMENTS

0
29. The authority citation for part 15 continues to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 8906, 9102, and 8103; and Department of Homeland Security 
Delegation No. 0170.1.


Sec.  15.610  [Amended]

0
30. Amend Sec.  15.610 as follows:
0
a. Remove paragraph (c);
0
b. Redesignate paragraph (d) as paragraph (c); and
0
c. In newly designated paragraph (c), remove the phrase ``paragraph 
(d)(1) or paragraph (d)(2)'' and add in its place the phrase 
``paragraph (c)(1) or paragraph (c)(2)''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
31. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  28.50  [Amended]

0
32. Amend Sec.  28.50 as follows:
0
a. In the definition of ``Accepted organization'' remove the reference

[[Page 56509]]

``Sec.  28.073'', and add, in its place, the reference ``Sec.  28.73''.
0
b. In the definition of ``Coast Guard Representative'' remove the 
phrase ``Office of Compliance, Fishing Vessels Safety Division, 
Commandant (G-MOC-3)'' and add, in its place, the phrase ``Office of 
Vessel Activities, Fishing Vessels Safety Division, Commandant (CG-
5433)''.


Sec.  28.80  [Amended]

0
33. In Sec.  28.80(d)(1), remove the sentence ``Marine Index Bureau, 
Inc., 67 Scotch Road, Ewing, NJ, 08628-2504'', and add, in its place, 
the sentence ``Marine Index Bureau (a division of ISO Claim Search), 
Floor 22-8, 545 Washington Boulevard, Jersey City, NJ, 07310-1686.''


Sec.  28.275  [Amended]

0
34. In Sec.  28.275(a)(2), remove the reference ``64 CFR 28.270(a)'', 
and add, in its place, the reference ``46 CFR 28.270(a)''.


Sec.  28.390  [Amended]

0
35. In Sec.  28.390(c), add the word ``and'' after the word ``light''.


Sec.  28.575  [Amended]

0
36. Amend Sec.  28.575 as follows
0
a. In paragraph(b) remove the formula ``KE<INF>n</INF>(V<INF>n</INF> 
2A<INF>n</INF>Z<INF>n</INF>)/W'' and add in its place the formula 
``KE<INF>n</INF>(V<INF>n</INF><SUP>2</SUP>A<INF>n</INF>Z<INF>n</INF>)/
W''.
0
b. Revise Figure 28.575 to read as follows:


Sec.  28.575  Severe wind and roll.

* * * * *
[GRAPHIC] [TIFF OMITTED] TR29SE08.000

PART 31--INSPECTION AND CERTIFICATION

0
37. The authority citation for part 31 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1. Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.


0
38. Amend Sec.  31.10-5 by revising paragraph (a)(1) to read as 
follows:


Sec.  31.10-5  Inspection of new tank vessels--TB/ALL.

    (a) * * *
    (1) The plans and specifications shall include the arrangement of 
the cargo gear. Prior to submission to the Officer in Charge, Marine 
Inspection, plans and specifications for cargo gear shall be approved 
by either a recognized classification society or the International 
Cargo Gear Bureau, Inc., whose home office is located at 321 West 44th 
Street, New York, NY 10036, on the Internet at http://www.icgb.com.
* * * * *

0
39. Amend Sec.  31.10-16 by revising paragraphs (e)(1) and (2) to read 
as follows:


Sec.  31.10-16  Inspection and certification of cargo gear--TB/ALL.

* * * * *
    (e) * * *
    (1) National Cargo Bureau, Inc., with home offices at 17 Battery 
Place, Suite 1232, New York, NY 10004; on the Internet at http://www.natcargo.org.
    (2) The International Cargo Gear Bureau, Inc., with home office at 
321 West 44th Street, New York, NY 10036; on the Internet at http://www.icgb.com.

PART 71--INSPECTION AND CERTIFICATION

0
40. The authority citation for part 71 continues to read as follows:


[[Page 56510]]


    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security 
Delegation No. 0170.1.


0
41. Amend Sec.  71.65-1 by revising paragraph (c) to read as follows:


Sec.  71.65-1  General.

* * * * *
    (c) Plans and specifications for cargo gear shall be approved by 
either a recognized classification society or the International Cargo 
Gear Bureau, Inc., whose home office is located at 321 West 44th 
Street, New York, NY 10036; on the Internet at http://www.icgb.com.

PART 91--INSPECTION AND CERTIFICATION

0
42. The authority citation for part 91 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46 
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1.


0
43. Amend Sec.  91.55-1 by revising paragraph (c) to read as follows:


Sec.  91.55-1  General.

* * * * *
    (c) Plans and specifications for cargo gear shall be approved by 
either a recognized classification society or the International Cargo 
Gear Bureau, Inc., whose home office is located at 321 West 44th 
Street, New York, NY 10036, on the Internet at http://www.icgb.com.

PART 107--INSPECTION AND CERTIFICATION

0
44. The authority citation for part 107 continues to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; 
Department of Homeland Security Delegation No. 0170.1; Sec.  107.05 
also issued under the authority of 44 U.S.C. 3507.


0
45. Amend Sec.  107.115 by revising paragraph (b)(4) to read as 
follows:


Sec.  107.115  Incorporation by reference.

* * * * *
    (b) * * *
    (4) International Cargo Gear Bureau, Inc., 321 West 44th Street, 
New York, New York 10036, on the Internet at http://www.icgb.com.
* * * * *

0
46. Amend Sec.  107.258 by revising paragraph (a)(2) to read as 
follows:


Sec.  107.258  Crane certification.

    (a) * * *
    (2) International Cargo Gear Bureau, Inc., 321 West 44th Street, 
New York, NY 10036, on the Internet at http://www.icgb.com.
* * * * *

0
47. Amend Sec.  107.309 by revising the note following paragraph (a)(4) 
to read as follows:


Sec.  107.309  Crane plans and information.

* * * * *
    (a) * * *
    (4) * * *

    Note to Sec.  107.309(a)(4): These plans must be submitted to 
the Coast Guard, if the crane is not certified. If the crane is to 
be certified, four copies must be sent to the American Bureau of 
Shipping or the International Cargo Gear Bureau, Inc.

* * * * *

0
48. Amend Sec.  107.317 by revising paragraph (d) to read as follows:


Sec.  107.317  Addresses for submittal of plans, specifications, and 
calculations.

* * * * *
    (d) International Cargo Gear Bureau, Inc., 321 West 44th Street, 
New York, NY 10036, on the internet at http://www.icgb.com.

PART 150--COMPATIBILITY OF CARGOES

0
49. The authority citation for part 150 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1. Section 150.105 issued under 44 U.S.C. 3507; 
Department of Homeland Security Delegation No. 0170.1.

Table I to Part 150 [Amended]

0
50. Amend Table I to part 150 by revising the entry for ``Oleylamine'' 
and adding the entry for ``Styrene monomer'' to read as follows:

                                Table I to Part 150--Alphabetical List of Cargoes
----------------------------------------------------------------------------------------------------------------
           Chemical name               Group No.       Footnote           CHRIS code        Related CHRIS codes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Oleylamine........................               7  ..............  OLY..................
 
                                                  * * * * * * *
Styrene monomer...................              30  ..............  STY..................  STX
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Table II to part 150--Grouping of Cargoes [Amended]

0
51. Amend Table II to part 150 by adding the word ``monomer'' after the 
word ``Styrene'' in Group 30.

PART 176--INSPECTION AND CERTIFICATION

0
52. The authority citation for part 176 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307; 
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.


Sec.  176.816  [Amended]

0
53. In the heading of the section remove the word ``MIscellaneous'' and 
add, in its place the word, ``Miscellaneous''.

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
54. The authority citation for part 401 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 
Department of Homeland Security Delegation No. 0170.1; 46 CFR 
401.105 also issued under the authority of 44 U.S.C. 3507.


Sec.  401.110  [Amended]

0
55. Amend Sec.  401.110(a)(9) by removing the office designator

[[Page 56511]]

``Commandant (G-MWP-2)'' and adding, in its place, the office 
designator ``Commandant (CG-54122)''.

0
56. Amend Sec.  401.200 by revising paragraph (a) to read as follows:


Sec.  401.200  Application for registration.

    (a) An application for registration as a U.S. Registered Pilot 
shall be made on Form CG-4509, which shall be submitted with two full-
face photographs, 1\1/2\ inches by 2 inches, signed on the face. These 
forms may be obtained from the Director.
* * * * *

0
57. Amend Sec.  401.211 by revising paragraph (d) to read as follows:


Sec.  401.211  Requirements for training of Applicant Pilots.

* * * * *
    (d) Persons desiring to be considered as an Applicant Pilot shall 
file with the Director a completed Application Form, CG-4509, with two 
full-face photographs, 1\1/2\ inches by 2 inches, signed on the face.
* * * * *

0
58. Amend Sec.  401.450 by revising paragraph (d) to read as follows:


Sec.  401.450  Pilot Change Points.

* * * * *
    (d) Port Colborne;
* * * * *


Sec.  401.720  [Amended]

0
59. In Sec.  401.720 paragraph (b) remove the citation ``46 U.S.C. 
216b(e)'' and add, in its place the citation ``46 U.S.C. 9304''.

PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS

0
60. The authority citation for part 402 is revised to read as follows:

    Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304.


Sec.  402.220  [Amended]

0
61. In Sec.  402.220 paragraph (b)(8) remove the reference ``Memorandum 
of Arrangements, Great Lakes Pilotage, between the Secretary of 
Commerce of the United States and the Minister of Transport, Canada on 
May 1, 1961'' and add, in its place, the reference ``Memorandum of 
Arrangements Great Lakes Pilotage Between the Minister of Transport of 
Canada and the Secretary of Transportation of the United States of 
America, January 18, 1977.''

0
62. Revise Sec.  402.320 to read as follows:


Sec.  402.320  Working rules.

    (a) Sections 401.320(d)(2) and (6) of this chapter require that 
voluntary associations of U.S. Registered Pilots authorized to 
establish pilotage pools agree to submit Working Rules for approval of 
the Director and that they will coordinate their pool operations with 
Canada on a reciprocal basis. The following approved Working Rules are 
on file in the office of the Director and are available for public 
inspection by any person properly and directly concerned:
    (1) The Working Rules and Dispatching Procedures for the designated 
waters of District No. 1 adopted by the St. Lawrence Seaway Pilots' 
Association, Inc., Cape Vincent, N.Y., dated May 1, 1980, amended to 
March 24, 1999.
    (2) The Working Rules and Dispatch Procedures for the undesignated 
waters of District No. 1 adopted by the St. Lawrence Seaway Pilots' 
Association, Inc., Cape Vincent, N.Y., dated July 27, 1982.
    (3) The Working Rules, Dispatching Procedures, and General Rules of 
District No. 2 adopted by the Lakes Pilots Association, Inc., Port 
Huron, MI., dated March 30, 1999.
    (4) The Working Rules for District No. 3, adopted by the Western 
Great Lakes Pilots Association, LLP, Superior, WI., dated February 24, 
2001 amended to February 28, 2007.
    (b) [Reserved]

    Dated: September 15, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. E8-21884 Filed 9-26-08; 8:45 am]
BILLING CODE 4910-15-P


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