Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56505 

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. 

SUMMARY: This rule makes nonsubstantive 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 §§ 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 

§§ 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 

§ 10.464(f)(3) for clarity and to make it 

consistent with § 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 § 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 § 14.103 to 

provide the NMC’s World Wide Web 

address. 

46 CFR 15.610. We removed 

§ 15.610(c) because it expired on May 

21, 2006. We re-designated § 15.610(d) 

as § 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 

§ 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 § 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 § 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 § 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 §§ 71.65–1 and 

91.55–1. We amended §§ 71.65–1 and 


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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 §§ 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 § 401.210(a)(1). In § 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 § 401.720 to reflect the recodification 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) recodified 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 § 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 § 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 nonsubstantive 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 


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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. 

■ 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 

■ 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; 

§ 1.01–35 also issued under the authority of 

44 U.S.C. 3507. 

§ 1.01–15 [Amended] 

■ 2. In § 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).’’ 

§ 1.03–15 [Amended] 

■ 3. Amend § 1.03–15(h) as follows: 

■ a. In paragraph (h)(1), remove the 

office designator ‘‘(G–MOC)’’, and add, 

in its place, the office designator ‘‘(CG– 

543)’’; 

■ b. In paragraph (h)(2), remove the 

office designator ‘‘(G–MS)’’, and add, in 

its place, the office designator ‘‘(CG– 

52)’’; 

■ 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)’’; 

■ 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)’’; 

■ e. In paragraph (h)(4), remove the 

office designator ‘‘(G–PSE)’’, and add, in 

its place, the office designator ‘‘(CG– 

521)’’; and 

■ f. In paragraph (h)(5), remove the 

office designator ‘‘(G–M)’’, and add, in 

its place, the office designator ‘‘(CG–5)’’. 

§ 1.03–40 [Amended] 

■ 4. In § 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)’’. 

§ 1.03–45 [Amended] 

■ 5. In § 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)’’. 

§ 1.03–50 [Amended] 

■ 6. In § 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 

■ 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. 

§ 10.105 [Amended] 

■ 8. In § 10.105 paragraph (a), remove 

the phrase ‘‘National Maritime Center, 


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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)’’. 

§ 10.112 [Amended] 

■ 9. In § 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’’. 

§ 10.213 [Amended] 

■ 10. In § 10.213 paragraph (e), remove 

the word ‘‘Commandant’’, and add, in 

its place, the phrase ‘‘National Maritime 

Center’’. 

§ 10.219 [Amended] 

■ 11. In § 10.219 paragraph (a), remove 

the phrase ‘‘any OCMI’’, and add, in its 

place, the phrase ‘‘the Coast Guard’’. 

§ 10.302 [Amended] 

■ 12–13. In § 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’’. 

§ 10.303 [Amended] 

■ 14. In § 10.303 paragraph (e), remove 

the office designator ‘‘(NMC–4B)’’ and 

add, in its place, the office 

designator’’NMC–42’’. 

§ 10.304 [Amended] 

■ 15. In § 10.304 paragraph (a), remove 

the office designator ‘‘, NMC–2’’. 

§ 10.307 [Amended] 

■ 16. In § 10.307 

■ 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 

■ b. Remove the Web site 

‘‘www.uscg.mil/nmc’’ and add, in its 

place, the Web site ‘‘http:// 

www.uscg.mil/STCW//’’. 

§ 10.309 [Amended] 

■ 17. In § 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’’. 

§ 10.464 [Amended] 

■ 18. In § 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 

■ 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. 

§ 12.01–7 [Amended] 

■ 20. In § 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).’’ 

§ 12.02–23 [Amended] 

■ 21. In § 12.02–23(c), remove the word 

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

‘‘referenced’’. 

§ 12.02–27 [Amended] 

■ 22. In § 12.02–27(a)(2), remove the 

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

word ‘‘referenced’’. 

§ 12.03–1 [Amended] 

■ 23. In § 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 

■ 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. 

§ 13.107 [Amended] 

■ 25. In § 13.107(f), remove the word 

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

‘‘referenced’’. 

§ 13.109 [Amended] 

■ 26. In § 13.109(c), remove the word 

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

‘‘referenced’’. 

PART 14—SHIPMENT AND 

DISCHARGE OF MERCHANT 

MARINERS 

■ 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. 

■ 28. Revise § 14.103 to read as follows: 

§ 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: 

IASKNMC@uscg.mil. 

(c) World wide web: http:// 

www.uscg.mil/nmc. 

PART 15—MANNING REQUIREMENTS 

■ 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. 

§ 15.610 [Amended] 

■ 30. Amend § 15.610 as follows: 

■ a. Remove paragraph (c); 

■ b. Redesignate paragraph (d) as 

paragraph (c); and 

■ 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 

■ 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. 

§ 28.50 [Amended] 

■ 32. Amend § 28.50 as follows: 

■ a. In the definition of ‘‘Accepted 

organization’’ remove the reference 


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‘‘§ 28.073’’, and add, in its place, the 

reference ‘‘§ 28.73’’. 

■ 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)’’. 

§ 28.80 [Amended] 

■ 33. In § 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.’’ 

§ 28.275 [Amended] 

■ 34. In § 28.275(a)(2), remove the 

reference ‘‘64 CFR 28.270(a)’’, and add, 

in its place, the reference ‘‘46 CFR 

28.270(a)’’. 

§ 28.390 [Amended] 

■ 35. In § 28.390(c), add the word ‘‘and’’ 

after the word ‘‘light’’. 

§ 28.575 [Amended] 

■ 36. Amend § 28.575 as follows 

■ a. In paragraph(b) remove the formula 

‘‘KEn(Vn 2AnZn)/W’’ and add in its place 

the formula ‘‘KEn(Vn

2AnZn)/W’’. 

■ b. Revise Figure 28.575 to read as 

follows: 

§ 28.575 Severe wind and roll. 

* * * * * 

PART 31—INSPECTION AND 

CERTIFICATION 

■ 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. 

■ 38. Amend § 31.10–5 by revising 

paragraph (a)(1) to read as follows: 

§ 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. 

* * * * * 

■ 39. Amend § 31.10–16 by revising 

paragraphs (e)(1) and (2) to read as 

follows: 

§ 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 

■ 40. The authority citation for part 71 

continues to read as follows: 


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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. 

■ 41. Amend § 71.65–1 by revising 

paragraph (c) to read as follows: 

§ 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 

■ 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. 

■ 43. Amend § 91.55–1 by revising 

paragraph (c) to read as follows: 

§ 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 

■ 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; 

§ 107.05 also issued under the authority of 44 

U.S.C. 3507. 

■ 45. Amend § 107.115 by revising 

paragraph (b)(4) to read as follows: 

§ 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. 

* * * * * 

■ 46. Amend § 107.258 by revising 

paragraph (a)(2) to read as follows: 

§ 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. 

* * * * * 

■ 47. Amend § 107.309 by revising the 

note following paragraph (a)(4) to read 

as follows: 

§ 107.309 Crane plans and information. 

* * * * * 

(a) * * * 

(4) * * * 

Note to § 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. 

* * * * * 

■ 48. Amend § 107.317 by revising 

paragraph (d) to read as follows: 

§ 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 

■ 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] 

■ 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] 

■ 51. Amend Table II to part 150 by 

adding the word ‘‘monomer’’ after the 

word ‘‘Styrene’’ in Group 30. 

PART 176—INSPECTION AND 

CERTIFICATION 

■ 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. 

§ 176.816 [Amended] 

■ 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 

■ 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. 

§ 401.110 [Amended] 

■ 55. Amend § 401.110(a)(9) by 

removing the office designator 


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‘‘Commandant (G–MWP–2)’’ and 

adding, in its place, the office designator 

‘‘Commandant (CG–54122)’’. 

■ 56. Amend § 401.200 by revising 

paragraph (a) to read as follows: 

§ 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, 11⁄2 inches by 2 inches, 

signed on the face. These forms may be 

obtained from the Director. 

* * * * * 

■ 57. Amend § 401.211 by revising 

paragraph (d) to read as follows: 

§ 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, 11⁄2 inches by 2 inches, 

signed on the face. 

* * * * * 

■ 58. Amend § 401.450 by revising 

paragraph (d) to read as follows: 

§ 401.450 Pilot Change Points. 

* * * * * 

(d) Port Colborne; 

* * * * * 

§ 401.720 [Amended] 

■ 59. In § 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 

■ 60. The authority citation for part 402 

is revised to read as follows: 

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

9304. 

§ 402.220 [Amended] 

■ 61. In § 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.’’ 

■ 62. Revise § 402.320 to read as 

follows: 

§ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213033–7033–01] 

RIN 0648–XK77 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

for Vessels in the Bering Sea and 

Aleutian Islands Trawl Limited Access 

Fishery in the Western Aleutian District 

of the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch for 

vessels participating in the Bering Sea 

and Aleutian Islands (BSAI) trawl 

limited access fishery in the Western 

Aleutian District of the BSAI. This 

action is necessary to prevent exceeding 

the 2008 Pacific ocean perch total 

allowable catch (TAC) specified for 

vessels participating in the BSAI trawl 

limited access fishery in the Western 

Aleutian District of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 24, 2008, 

through December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2008 Pacific ocean perch TAC 

allocated as a directed fishing allowance 

to vessels participating in the BSAI 

trawl limited access fishery in the 

Western Aleutian District of the BSAI is 

136 metric tons (mt) as established by 

the 2007 and 2008 final harvest 

specifications for groundfish in the 

BSAI (72 FR 9451, March 2, 2007) and 

revision (72 FR 71802, December 19, 

2007). See § 679.20(a)(10)(i), 

§ 679.20(a)(10)(iii), and § 679.91(c)(1) 

and (2). 

In accordance with § 679.20(d)(1)(iii), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 Pacific ocean 

perch TAC allocated to vessels 

participating in the BSAI trawl limited 

access fishery in the Western Aleutian 

District of the BSAI will soon be 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch by vessels participating in 

the BSAI trawl limited access fishery in 

the Western Aleutian District of the 

BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 


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