Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 59997 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

modified 

Communities 

affected 

Maps are available for inspection at the Maintenance Building, 415 East Donnegan Street, Seguin, TX 78155. 

City of San Antonio 

Maps are available for inspection at 114 West Commerce Street, 7th Floor, San Antonio, TX 78205. 

City of Schertz 

Maps are available for inspection at 1400 Schertz Parkway, Schertz, TX 78154. 

City of Selma 

Maps are available for inspection at 9375 Corporate Drive, Selma, TX 78154. 

City of St. Hedwig 

Maps are available for inspection at 13065 FM 1346, St. Hedwig, TX 78152. 

City of Shavano Park 

Maps are available for inspection at 99 Saddletree Court, Shavano Park, TX 78231. 

City of Terrell Hills 

Maps are available for inspection at 5100 North New Braunfels Avenue, San Antonio, TX 78209. 

City of Windcrest 

Maps are available for inspection at 8601 Midcrown Drive, Windcrest, TX 78239. 

Town of Hollywood Park 

Maps are available for inspection at 407 Rhapsody Lane, Hollywood Park, TX 78216. 

Unincorporated Areas of Bexar County 

Maps are available for inspection at 233 North Pecos-La Trinidad Street, Suite 420, San Antonio, TX 78207. 

(Catalog of Federal Domestic Assistance 

No. 97.022, ‘‘Flood Insurance.’’) 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–24402 Filed 9–28–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 1, 2, 7, 9, 10, 11, 25, 27, 

28, 31, 54, 70, 76, 112, 114, 121, 129, 

131, 150, 154, 160, 177, 184, and 401. 

[Docket No. USCG–2010–0759] 

RIN 1625–ZA27 

Shipping; Technical, Organizational, 

and Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This final 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 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, 2010. 

DATES: This final rule is effective 

September 29, 2010. 

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 docket USCG–2010–0759 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 by going 

to http://www.regulations.gov, inserting 

USCG–2010–0759 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Diane LaCumsky, Coast Guard; 

telephone 202–372–1025, e-mail 

Diane.M.LaCumsky@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Regulatory History 

II. Background 

III. Discussion of Rule 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

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 

rule. Under 5 U.S.C. 553(b)(A) and 

(b)(B), we find that this rule is exempt 

from notice and comment rulemaking 

requirements because these changes 

involve rules of agency organization, 

procedure, or practice. In addition, good 

cause exists for not publishing an NPRM 

for all revisions in the rule because the 

revisions 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 upon publication in the 

Federal Register. 

II. Background 

Each year the printed edition of Title 

46 of the Code of Federal Regulations is 

recodified on October 1. This rule, 

which becomes effective September 29, 


erowe on DSK5CLS3C1PROD with RULES
59998 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

2010, makes technical and editorial 

corrections throughout Title 46. This 

rule does not create any substantive 

requirements. 

III. Discussion of Rule 

This rule revises 46 Part 1 by deleting 

all references to ‘‘Assessment, 

Integration and Risk Management 

Directorate (CG–51),’’ as this directorate 

no longer exists. 

This rule revises 46 Part 1 by deleting 

all references to ‘‘Office of Waterways 

Management (CG–541),’’ as this office no 

longer exists. 

This rule revises 46 Part 1 by adding 

a reference to the ‘‘Office of 

International and Domestic Port 

Security (CG–541).’’ This new office was 

created under the existing Prevention 

Policy Directorate (CG–54). 

This rule revises 46 Part 1 by adding 

a reference to ‘‘Marine Transportation 

Systems Management Directorate (CG– 

55).’’ This new directorate was created 

to manage the Coast Guard’s portfolio of 

waterways management programs and 

assets and will coordinate Coast Guard 

activities to promote development of 

national and international consensus on 

waterways, management policies, goals, 

objectives, and strategies. 

In addition, this rule revises 46 Part 

1 by adding references to ‘‘Office of 

Bridge Programs (CG–551),’’ ‘‘Office of 

Marine Transportation Systems (CG– 

552),’’ and ‘‘Office of Navigation Systems 

(CG–553).’’ These new offices were 

created under the Marine 

Transportation Systems Management 

Directorate (CG–55). 

This rule revises 46 CFR Part 2 by 

eliminating the requirement that an 

inspector must complete and submit 

‘‘Form CG–858, Certificate of 

Inspections Amendment,’’ to amend a 

vessel’s Certificate of Inspection. The 

paragraph will clarify that the original 

Certificate of Inspection may be 

amended and re-issued with the original 

renewal date pending approval of the 

Officer in Charge, Marine Inspection. 

This rule revises 46 CFR Part 2 by 

removing references to a Letter of 

Compliance and to a Tank Vessel 

Examination Letter and replacing them 

with a reference to a Certificate of 

Compliance. Letters of Compliance and 

Tank Vessel Examination Letters are no 

longer issued, and were combined to 

form Certificates of Compliance in the 

mid-1990s. It also clarifies the office and 

the appropriate chain of command for 

actions regarding vessel fees. 

This rule revises 46 CFR Part 2 by 

clarifying the chain-of-command 

procedure in various instances without 

making changes to the chain of 

command. 

This rule revises 46 CFR Part 2 to add 

that a credit card or wire transfer is an 

acceptable form of payment for all fees 

required by subpart 2.10. 

This rule revises 46 CFR Part 2 to 

update the address for mailing a 

payment made by check for vessel 

inspection and to add a new address for 

mailing a payment using a credit card. 

This rule revises 46 CFR Part 2 to 

remove ‘‘midperiod’’ and add, in its 

place, ‘‘annual and periodic’’ to more 

accurately describe the period between 

inspections. 

This rule revises 46 CFR Part 7 by 

correcting grammatical errors. 

This rule revises 46 CFR Part 9 to 

remove ‘‘steamship,’’ as this is an 

outdated term which is no longer used 

to describe vessels. 

This rule revises 46 CFR Part 10 to 

correct a table titled ‘‘Table 10.215(a)— 

Medical and Physical Requirements for 

Mariner Endorsement,’’ in which four 

pieces of data are located in the wrong 

columns. 

This rule revises 46 CFR Part 28 to 

update the delegation of authority from 

the Secretary of Transportation to the 

Secretary of Homeland Security in an 

instance where it had not already been 

changed. 

This rule revises 46 CFR Parts 31 and 

70 to capitalize the word ‘‘office’’ in 

‘‘Office of the Commandant.’’ 

This rule revises 46 CFR Part 54 to 

remove a redundant paragraph and 

replace it with the paragraph originally 

intended. The 2009 CFR included 

similar paragraphs describing the 

pressure measurement restrictions for 

condensers and heat exchangers eligible 

for exemption from shop inspection. 

This rule removes the less specific, 

earlier version of the paragraph at 

§ 54.01–15(a)(5) and leaves the more 

recently updated version of the 

paragraph, redesignating it as § 54.01– 

15(a)(5) from § 54.01–15(a)(4). This rule 

returns the original paragraph at 

§ 54.01–15(a)(4) regarding Class I, II, and 

III pressure vessels, to its intended 

place. The original paragraph was 

present in the 2008 CFR but erroneously 

omitted from the 2009 publication. 

This rule revises 46 CFR Part 129 to 

replace the word ‘‘part’’ with the word 

‘‘subchapter’’ where ‘‘subchapter’’ is 

intended. 

This rule revises 46 CFR Part 150 to 

correct a table with mislabeled 

footnotes. 

This rule revises 46 CFR Part 154 to 

remove a redundant section at § 154.30. 

This rule corrects 46 CFR Part 177 to 

make the metric value of 15 feet 

accurate. The section currently lists the 

metric value of 15 feet at 3.8 meters. 

This rule changes the metric value to 

4.572 meters in every instance, ensuring 

consistency between the values when 

expressed in both metric and imperial 

units. 

This rule updates various addresses 

for Coast Guard offices throughout Title 

46 so that they conform to new mailing 

addresses and mailing address formats 

that came into use on June 15, 2009. 

This rule also updates internal Coast 

Guard office designators, as well as 

certain organizational titles, throughout 

Title 46. Changes in organizational titles 

included in this rule are only technical 

revisions reflecting changes in agency 

procedure and organization, and do not 

indicate new authorities. 

Throughout Title 46, this rule 

removes all references to Loran towers 

and coordinates, which are no longer in 

use, and changes all references to 

Search and Rescue Transponders 

(SARTs) to Search and Rescue 

Transmitters (SARTs), as transponders 

are no longer in use. 

This rule updates various citations to 

the CFR that were overlooked in past 

revisions of Title 46. 

IV. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 12 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review. The Office of 

Management and Budget has not 

reviewed it under that Order. Because 

this rule involves non-substantive 

changes and addresses internal agency 

practices and procedures, it will not 

impose additional 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. 

We estimate that this rule will not 

impose additional costs and should 

have little or no impact on small entities 

because the provisions of this rule are 

technical and non-substantive. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this final rule 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 59999 

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 (adjusted for inflation) 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 cause 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 

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 

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 023–01 and 

Commandant Instruction M16475.lD, 

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 this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraph (34)(a) of the Instruction. 

This rule involves regulations that are 

editorial and procedural, such as those 

updating addresses or establishing 

application procedures. An 

environmental analysis checklist and a 

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 2 

Marine safety, Reporting and 

recordkeeping requirements, Vessels. 

46 CFR Part 7 

Law enforcement, Vessels. 

46 CFR Part 9 

Government employees, Vessels, 

Wages. 

46 CFR Part 10 

Penalties, Reporting and 

recordkeeping requirements, Schools, 

Seamen. 

46 CFR Part 11 

Incorporation by reference, Penalties, 

Reporting and recordkeeping 

requirements, Schools, Seamen. 

46 CFR Part 25 

Fire prevention, Penalties, Marine 

safety, Reporting and recordkeeping 

requirements. 

46 CFR Part 27 

Fire prevention, Marine safety, 

Reporting and recordkeeping 

requirements, 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 54 

Reporting and recordkeeping 

requirements, Vessels. 

46 CFR Part 70 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 76 

Fire prevention, Marine safety, 

Passenger vessels. 

46 CFR Part 112 

Vessels. 


erowe on DSK5CLS3C1PROD with RULES
60000 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

46 CFR Part 114 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 121 

Communications equipment, Marine 

safety, Navigation (water), Passenger 

vessels. 

46 CFR Part 129 

Cargo vessels, Hazardous materials 

transportation, Marine safety, Reporting 

and recordkeeping requirements. 

46 CFR Part 131 

Cargo vessels, Fire prevention, Marine 

safety, Navigation (water), Occupational 

safety and health, Reporting and 

recordkeeping requirements. 

46 CFR Part 150 

Hazardous materials transportation, 

Marine safety, Occupational safety and 

health, Reporting and recordkeeping 

requirements. 

46 CFR Part 154 

Cargo vessels, Gases, Hazardous 

materials transportation, Marine safety, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 160 

Marine safety, Reporting and 

recordkeeping requirements. 

46 CFR Part 177 

Marine safety, Passenger vessels, 

Reporting and recordkeeping 

requirements. 

46 CFR Part 184 

Communications equipment, Marine 

safety, Navigation (water), Passenger 

vessels, Reporting and recordkeeping 

requirements. 

46 CFR Part 401 

Administrative practice and 

procedure, Great Lakes, Navigation 

(water), Penalties, Reporting and 

recordkeeping requirements, Seamen. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR parts 1, 2, 7, 9, 10, 11, 25, 27, 28, 

31, 54, 70, 76, 112, 114, 121, 129, 131, 

150, 154, 160, 177, 184, and 401. 

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. 

§ 1.01–10 [Amended] 

■ 2. Amend § 1.01–10 as follows: 

■ a. Revise paragraph (b)(1) introductory 

text to read as set out below. 

■ b. Remove paragraph (b)(1)(iii) and 

redesignate paragraph (b)(1)(iv) as 

paragraph (b)(1)(iii). 

§ 1.01–10 Organization. 

* * * * * 

(b) * * * 

(1) The Assistant Commandant for 

Marine Safety, Security, and 

Stewardship (CG–5), under the general 

direction of the Commandant, directs, 

supervises, and coordinates the 

activities of: The Commercial 

Regulations and Standards Directorate 

(CG–52), consisting of the Office of 

Design and Engineering Standards 

(CG–521), the Office of Operating and 

Environmental Standards (CG–522), and 

the Office of Standards Evaluation and 

Development (CG–523); the Response 

Policy Directorate (CG–53), consisting of 

the Office of Law Enforcement 

(CG–531), the Office of Counterterrorism 

and Defense Operations (CG–532), the 

Office of Incident Management and 

Preparedness (CG–533), the Office of 

Search and Rescue (CG–534), and the 

Office of Contingency Exercises 

(CG–535); the Prevention Policy 

Directorate (CG–54), consisting of the 

Office of International and Domestic 

Port Security (CG–541), the Office of 

Auxiliary and Boating Safety (CG–542), 

the Office of Vessel Activities (CG–543), 

the Office of Port and Facility Activities 

(CG–544), the Office of Investigations 

and Casualty Analysis (CG–545); and 

the Marine Transportation and Systems 

Management Directorate (CG–55), 

consisting of the Office of Bridge 

Programs (CG–551), the Office of Marine 

Transportation Systems (CG–552), and 

the Office of Navigation Systems 

(CG–553). The Deputy Commandant for 

Operations (CG–DCO), under the 

general direction of the Commandant, 

directs, supervises, and coordinates the 

activities of the Operations Resource 

Management Directorate (CG–DCO–R), 

consisting of the Office of Workforce 

Management (CG–DCO–R–1), the Office 

of Budget Development (CG–DCO–R–2), 

the Office of Budget Execution 

(CG–DCO–R–3), and the Office of 

Information Resources (CG–DCO–R–6). 

The Port Safety and Security programs 

administered by the Chief, Office of 

Vessel Activities (CG–543), and the 

Marine Environmental Response 

programs administered by the Chief, 

Office of Incident Management and 

Preparedness (CG–533), are guided by 

regulations contained in 33 CFR chapter 

I. The Assistant Commandant for 

Marine Safety, Security, and 

Stewardship (CG–5) exercises technical 

control over the Commanding Officer, 

National Maritime Center (NMC), and, 

through the District Commander, 

supervises the administration of the 

Marine Safety Division of District 

Offices and Officers in Charge, Marine 

Inspection. 

* * * * * 

PART 2—VESSEL INSPECTIONS 

■ 3. The authority citation for part 2 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 

46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 

46 U.S.C. Chapter 701; E.O. 12234, 45 FR 

58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. Subpart 2.45 also issued under 

the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 

64 Stat. 1120 (see 46 U.S.C. App. Note prec. 

1). 

■ 4. Revise § 2.01–5(c) to read as 

follows: 

§ 2.01–5 Certificate of inspection. 

* * * * * 

(c) Amending certificates. When, 

because of a change in the character of 

the vessel or vessel’s route, equipment, 

etc., the vessel does not comply with the 

requirements of the Certificate of 

Inspection previously issued, an 

amended certificate may be issued at the 

discretion of the Officer in Charge, 

Marine Inspection, to whom a request is 

made. 

■ 5. Revise § 2.01–6 to read as follows: 

§ 2.01–6 Certificates issued to foreign 

vessels. 

(a) Issuance of a Certificate of 

Compliance (COC). Foreign vessels of 

countries which are signatory to the 

International Convention for the Safety 

of Life at Sea, 1974, are issued a 

Certificate of Compliance (CG–3585) 

upon satisfactory completion of a 

compliance examination by the Officer 

in Charge, Marine Inspection: 

(1) A foreign passenger vessel that is 

registered in a country which is 

signatory to the International 

Convention for the Safety of Life at Sea, 

1974, visits U.S. ports with U.S. citizens 

as passengers or embarks passengers in 

U.S. ports, and holds a valid Passenger 

Ship Safety Certificate; 

(2) A foreign vessel that is suitable for 

carriage of hazardous cargoes in bulk as 

defined in 46 CFR subchapter 0 and is 

in compliance with Tankship Cargo 

Venting and Handling Systems and 

Minimum Pollution Prevention 

Regulations and Transfer Procedures (33 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60001 

CFR parts 155, 156, 157, and 159), and 

Navigation Safety Inspection 

Regulations (33 CFR part 164); 

(3) A foreign Mobile Offshore Drilling 

Unit that complies with standards listed 

in 33 CFR 143.207 and is engaged in 

U.S. Outer Continental Shelf activities; 

(4) A foreign vessel that is suitable for 

carriage of cargoes as defined in 46 CFR 

subchapter D and is in compliance with 

Tankship Cargo Venting and Handling 

Systems and Minimum Safety Standards 

(SOLAS 74—46 CFR part 35), Pollution 

Prevention Regulations and Transfer 

Procedures (33 CFR parts 155, 156, 157, 

and 159), and Navigation Safety 

Regulations (33 CFR part 164). 

(b) Foreign vessels of countries which 

are non-signatory to the International 

Convention for the Safety of Life at Sea, 

1974, are issued a Temporary Certificate 

of Inspection (CG–854) and a Certificate 

of Inspection (CG–841), respectively, as 

described in § 2.01–5. Any amendments 

to these certificates shall be 

accomplished in accordance with 

§ 2.01–5(c). 

(c) Description of COC. CG–3585 

describes the vessel’s particulars, type 

of vessel examined, type of certificate(s) 

required by the International 

Convention for Safety of Life at Sea, 

1974, the period of validity, subsequent 

exams required to maintain the 

certificates validity, the Officer in 

Charge, Marine Inspection zone where 

the exam was completed in and if there 

are any deficiencies as to applicable 

regulations at the time the vessel was 

examined. If there are deficiencies 

issued, they are listed in the 

examination record section of the COC. 

§ 2.10–1 [Amended] 

■ 6. In § 2.10–1(a), after the words 

‘‘foreign vessels required to have’’, 

remove the words ‘‘either a Letter of 

Compliance or a Tank Vessel 

Examination Letter’’ and add, in their 

place, the words ‘‘a Certificate of 

Compliance’’. 

■ 7. In § 2.10–5, add a third sentence to 

paragraph (d) to read as follows: 

§ 2.10–5 Exemptions. 

* * * * * 

(d) * * * The Officer in Charge, 

Marine Inspection will endorse and 

forward the request to Commandant 

(CG–DCO–83) for decision. 

§ 2.10–10 [Amended] 

■ 8. Amend § 2.10–10 as follows: 

■ a. Remove the text ‘‘CG–DCO–R–3’’ 

and add, in its place, the text ‘‘CG–DCO– 

83’’; and 

■ b. Remove the text ‘‘G–MRP’’ and add, 

in its place, the text ‘‘CG–DCO–83’’. 

■ 9. Amend § 2.10–20 as follows: 

■ a. In paragraph (b), add a second 

sentence; 

■ b. Revise paragraph (d); 

■ c. In paragraph (e), remove the text 

‘‘CG–DCO–R–3’’ and add, in its place, 

the text ‘‘CG–DCO–83’’; 

■ d. In paragraph (e), remove the text 

‘‘G–MRP’’ and add, in its place, the text 

‘‘CG–DCO–83’’; and 

■ e. In paragraph (f), remove the words 

‘‘Marine Safety or Marine Inspection 

Office’’ and add, in their place, the 

words ‘‘Coast Guard Sector, Officer in 

Charge, Marine Inspection, or Marine 

Safety Detachment’’. 

The addition and revision read as 

follows: 

§ 2.10–20 General Requirements. 

* * * * * 

(b) * * * Payment may also be made 

by credit card or wire transfer. 

* * * * * 

(d) Unless otherwise specified, fees 

required by this subpart must be mailed 

to the following addresses: For payment 

by credit card, U.S. Coast Guard Finance 

Center (OGR), 1430A Kristina Way, 

Chesapeake, VA 23326; For payment by 

check, made payable to U.S. Treasury, 

with delivery by postal service, USCG 

Inspection Fees, P.O. Box 70952, 

Charlotte, NC 28272–0952; or by 

overnight courier, Wachovia QLP 

Lockbox–D1113–022, Lockbox 70952, 

1525 West WT Harris Blvd., Charlotte, 

NC 28262. 

* * * * * 

§ 2.10–101 [Amended] 

■ 10. Amend § 2.10–101(c) by removing 

the word ‘‘midperiod’’ and adding, in its 

place, the words ‘‘annual and periodic’’. 

■ 11. Amend § 2.10–105 as follows: 

■ a. In paragraph (b), remove the text 

‘‘CG–DCO–R–3’’ and add, in its place, 

the text ‘‘CG–DCO–83’’; and 

■ b. In paragraph (e), add a fourth 

sentence to read as follows: 

§ 2.10–105 Prepayment of annual vessel 

inspection fees. 

* * * * * 

(e) * * * The Officer in Charge, 

Marine Inspection will endorse and 

forward the request to Commandant 

(CG–DCO–83) for decision. 

§ 2.10–115 [Amended] 

■ 12. Amend § 2.10–115(b) by removing 

the text ‘‘CG–DCO–R–3’’ and adding, in 

its place, the text ‘‘CG–DCO–83’’. 

§ 2.10–125 [Amended] 

■ 13. Amend § 2.10–125 as follows: 

■ a. In paragraph (a), remove the word 

‘‘Letter’’ wherever it appears and add, in 

its place, the word ‘‘Certificate’’; and 

■ b. In paragraph (b), remove the words 

‘‘Tank Vessel Examination Letter’’ and 

add, in their place, the words 

‘‘Certificate of Compliance’’. 

§ 2.10–130 [Amended] 

■ 14. Amend § 2.10–130 as follows: 

■ a. In paragraph (a), remove the word 

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

‘‘Certificate’’; and 

■ b. In paragraph (b), remove the word 

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

‘‘Certificate’’. 

§ 2.75–1 [Amended] 

■ 15. Amend § 2.75–1(c) by removing 

the words ‘‘Environmental Protection’’ 

wherever they appear and adding, in 

their place, the word ‘‘Stewardship’’. 

PART 7—BOUNDARY LINES 

■ 16. The authority citation for part 7 

continues to read as follows: 

Authority: 14 U.S.C. 633; 33 U.S.C. 151, 

1222; Department of Homeland Security 

Delegation No. 0170.1. 

■ 17. Revise § 7.65 to read as follows: 

§ 7.65 Charleston Harbor, SC. 

A line drawn from Charleston Light 

on Sullivans Island to latitude 32°40.7′ 

N. longitude 79°42.9′ W. (Charleston 

Lighted Whistle Buoy ‘‘2C’’); thence to a 

point on Folly Island at latitude 32°41.0′ 

N. longitude 79°53.2′ W. 

PART 9—EXTRA COMPENSATION 

FOR OVERTIME SERVICES 

■ 18. The authority citation for part 9 

continues to read as follows: 

Authority: 46 U.S.C. 2103; Department of 

Homeland Security Delegation No. 0170.1. 

§ 9.14 [Amended] 

■ 19. In § 9.14, after the words ‘‘fees 

against’’, remove the word ‘‘steamship’’. 

PART 10—MERCHANT MARINER 

CREDENTIAL 

■ 20. 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, 2110; 46 U.S.C. chapter 

71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 

75; 46 U.S.C. 7701, 8906 and 70105; 

Executive Order 10173; Department of 

Homeland Security Delegation No. 0170.1. 

■ 21. Amend § 10.215(a) by revising 

Table 10.215(a) to read as follows: 


erowe on DSK5CLS3C1PROD with RULES
60002 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

TABLE 10.215(A)—MEDICAL AND PHYSICAL REQUIREMENTS FOR MARINER ENDORSEMENTS

Credential Vision test Hearing test General medical 

exam 

Demonstration of 

physical ability 

(i) Deck officer, including pilot ........................................... § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(ii) Engineering officer ........................................................ § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(iv) Radio officer ................................................................. § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(v) Offshore installation manager, barge supervisor, or 

ballast control operator.

§ 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(vi) Able seaman ................................................................ § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(vii) QMED ......................................................................... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(viii) RFPNW ...................................................................... § 10.215(b)(1) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(ix) RFPEW ........................................................................ § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(x) Tankerman .................................................................... § 10.215(b)(2) § 10.215(c) § 10.215(d)(1) § 10.215(e)(1) 

(xi) Food handler serving on vessels to which STCW 

does not apply.

§ 10.215(d)(2) 

(xii) Food handler serving on vessels to which STCW applies.§ 10.215(d)(2) § 10.215(e)(1) 

(xiii) Ratings, including entry level, serving on vessels to 

which STCW applies, other than those listed above.

§ 10.215(e)(2) 

* * * * * 

PART 11—REQUIREMENTS FOR 

OFFICER ENDORSEMENTS 

■ 22. The authority citation for part 11 

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, 8906, 

and 70105; Executive Order 10173; 

Department of Homeland Security Delegation 

No. 0170.1. Section 11.107 is also issued 

under the authority of 44 U.S.C. 3507. 

§ 11.302 [Amended] 

■ 23. Amend § 11.302(g) by removing 

the text ‘‘§ 1.03–45’’ and adding, in its 

place, the text ‘‘§ 1.03–40’’. 

PART 25—REQUIREMENTS 

■ 24. The authority citation for part 25 

continues to read as follows: 

Authority: 33 U.S.C. 1903(b); 46 U.S.C. 

3306, 4102, 4302; Department of Homeland 

Security Delegation No. 0170.1. 

§ 25.01–3 [Amended] 

■ 25–26. Amend § 25.01–3(a), third 

sentence, by removing the words ‘‘Office 

of Compliance’’ and adding, in their 

place, the words ‘‘Office of Vessel 

Activities’’, and in paragraph (b) by 

removing the words ‘‘3069 Solomons 

Island Road, Edgewater, MD 21037’’ and 

adding, in their place, the words ‘‘613 

Third Street, Suite 10, Annapolis, MD 

21403’’. 

PART 27—TOWING VESSELS 

■ 27. The authority citation for part 27 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 4102 (as 

amended by Pub. L. 104–324, 110 Stat. 3901); 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 27.102 [Amended] 

■ 28. Amend § 27.102(b), in the table 

heading, by removing the words ‘‘3069 

Solomons Island Road, Edgewater, MD 

21037’’ and adding, in their place, the 

words ‘‘613 Third Street, Suite 10, 

Annapolis, MD 21403’’. 

PART 28—REQUIREMENTS FOR 

COMMERCIAL FISHING INDUSTRY 

VESSELS 

■ 29. 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. 

§ 28.10 [Amended] 

■ 30. Amend § 28.10 as follows: 

■ a. After the words ‘‘pursuant to a 

delegation of authority by the’’, remove 

the words ‘‘Secretary of Transportation’’ 

and add, in their place, the words 

‘‘Secretary of Homeland Security’’; and 

■ b. After the words ‘‘set forth in’’, 

remove the words ‘‘49 CFR 1.46(b)’’ and 

add, in their place, the words 

‘‘Department of Homeland Security 

Delegation No. 0170.1’’. 

§ 28.40 [Amended] 

■ 31. Amend § 28.40(b), in the table 

heading, by removing the words ‘‘3069 

Solomons Island Road, Edgewater, MD 

21037’’ and adding, in their place, the 

words ‘‘613 Third Street, Suite 10, 

Annapolis, MD 21403’’. 

§ 28.50 [Amended] 

■ 32. In § 28.50, in the definition of 

Coast Guard Representative, remove the 

words ‘‘Fishing Vessels Safety Division’’ 

and add, in their place, the words 

‘‘Fishing Vessels Division’’. 

§ 28.265 [Amended] 

■ 33. Amend § 28.265(d)(4)(vii) by 

removing the words ‘‘LORAN 

coordinate,’’. 

§ 28.820 [Amended] 

■ 34. In 28.820(a)(2), second sentence, 

after the words ‘‘bilge system 

requirements of’’, remove the text 

‘‘§ 28.760(c)’’ and add, in its place, the 

text ‘‘§ 28.255(d)’’. 

PART 31—INSPECTION AND 

CERTIFICATION 

■ 35. 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. 

§ 31.10–1 [Amended] 

■ 36. In § 31.10–1(b), third sentence, 

after the words ‘‘examined at the’’, 

remove the words ‘‘office of the 

Commandant’’ and add, in their place, 

the words ‘‘Office of the Commandant’’. 

PART 54—PRESSURE VESSELS 

■ 37. The authority citation for part 54 

continues to read as follows: 

Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 

46 U.S.C. 3306, 3703; E.O. 12234, 45 FR 

58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 38. In § 54.01–15, revise paragraphs 

(a)(4) and (a)(5) to read as follows: 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60003 

§ 54.01–15 Exemptions from shop 

inspection and plan approval (modifies U– 

1(c)(2)). 

* * * * * 

(a) * * * 

(4) Class I, II, and III pressure vessels 

that meet the requirements of § 54.01– 

5(c)(3) and (c)(4). 

(5) Condensers and heat exchangers, 

regardless of size, when the design is 

such that the liquid phase is not greater 

than 689 kPa (100 psig) and 200 °F (93 

°C) and the vapor phase is not greater 

than 103 kPa (15 psig) provided that the 

Officer in Charge, Marine Inspection is 

satisfied that system overpressure 

conditions are addressed by the owner 

or operator. 

* * * * * 

PART 70—GENERAL PROVISIONS 

■ 39. The authority citation for part 70 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703; Pub. L. 

103–206, 107 Stat. 2439; 49 U.S.C. 5103, 

5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; Department of Homeland 

Security Delegation No. 0170.1; Section 

70.01–15 also issued under the authority of 

44 U.S.C. 3507. 

§ 70.35–5 [Amended] 

■ 40. In § 70.35–5(a), second sentence, 

after the words ‘‘examined at the’’, 

remove the words ‘‘office of the 

Commandant’’ and add, in their place, 

the words ‘‘Office of the Commandant’’. 

PART 76—FIRE PROTECTION 

EQUIPMENT 

■ 41. The authority citation for part 76 

continues to read as follows: 

Authority: 46 U.S.C. 3306; E.O. 12234, 45 

FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 76.15–5 [Amended] 

■ 42. Amend § 76.15–5(e)(3) by 

removing the words ‘‘paragraph (e)’’ and 

adding, in their place, the words 

‘‘paragraph (d)’’. 

PART 112—EMERGENCY LIGHTING 

AND POWER SYSTEMS 

■ 43. The authority citation for part 112 

continues to read as follows: 

Authority: 46 U.S.C. 3306, 3703; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 112.15–5 [Amended] 

■ 44. Amend § 112.15–5(j) by removing 

the word ‘‘loran,’’. 

PART 114—GENERAL PROVISIONS 

■ 45. The authority citation for part 114 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306, 3703; 

Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 

App. 1804; Department of Homeland 

Security No. 0170.1; § 114.900 also issued 

under 44 U.S.C. 3507. 

§ 114.600 [Amended] 

■ 46. Amend § 114.600(b) by removing 

the words ‘‘3069 Solomons Island Road, 

Edgewater, MD 21037’’ and adding, in 

their place, the words ‘‘613 Third Street, 

Suite 10, Annapolis, MD 21403’’. 

PART 121—VESSEL CONTROL AND 

MISCELLANEOUS SYSTEMS AND 

EQUIPMENT 

■ 47. The authority citation for part 121 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

§ 121.510 [Amended] 

■ 48. Amend § 121.510(a)(7) by 

removing the words ‘‘LORAN 

coordinates,’’. 

PART 129—ELECTRICAL 

INSTALLATIONS 

■ 49. The authority citation for part 129 

continues to read as follows: 

Authority: 46 U.S.C. 3306; Department of 

Homeland Security Delegation No. 0170.1. 

§ 129.110 [Amended] 

■ 50. Amend § 129.110 by removing the 

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

word ‘‘subchapter’’. 

PART 131—OPERATIONS 

■ 51. The authority citation for part 131 

continues to read as follows: 

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

3306, 6101, 10104; E.O. 12234, 3 CFR, 1980 

Comp., p. 277; E.O. 12777, 3 CFR, 1991 

Comp., p. 351; Department of Homeland 

Security Delegation No. 0170.1. 

§ 131.890 [Amended] 

■ 52. Amend § 131.890 by removing the 

word ‘‘Transponder’’ and adding, in its 

place, the word ‘‘Transmitter’’. 

PART 150—COMPATIBILITY OF 

CARGOES 

■ 53. 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 1 to Part 150 [Amended] 

■ 54. In Table 1 to Part 150, in the 

‘‘Footnote’’ column, remove the numeral 

‘‘2’’ for each row that includes the 

following in the ‘‘Chemical name’’ 

column: 

■ a. Alkyl acrylate-Vinyl pyridine 

copolymer in Toluene 

■ b. Alkyl(C3-C4)benzenes 

■ c. Alkyl(C5-C8)benzenes 

■ d. Alkyl(C9+)benzenes 

■ e. Alkylbenzene, Alkylindane, 

Alkylindene mixture (each C12-C17) 

■ f. Benzene hydrocarbon mixtures 

(having 10% Benzene or more) 

■ g. Butylbenzene, see Alky(C3- 

C4)benzenes 

■ h. Butyl phenol, Formaldehyde resin 

in Xylene 

■ i. Butyl toluene 

■ j. Cymene 

■ k. Decylbenzene, see Alkyl(C9+) 

benzenes 

■ l. Dialkyl(C10-C14) benzenes, see 

Alkyl(C9+) benzenes 

■ m. Dichloromethane 

■ n. Diethylbenzene 

■ o. Diisopropylbenzene 

■ p. Diisopropyl naphthalene 

■ q. Diphenyl 

■ r. Dodecanol 

■ s. Dodecylamine, Tetradecylamine 

mixture 

■ t. Dodecyl hydroxypropyl sulfide 

■ u. Ethylbenzene 

■ v. Ethyl toluene 

■ w. 1-Hexadecylnaphthalene, 1,4- 

bis(Hexadecyl)naphthalene mixture 

■ x. Methyl naphthalene 

■ y. Naphthalene 

■ z. 1-Phenyl-1-xylyl ethane 

■ aa. Poly(2+)cyclic aromatics 

■ bb. Polyolefinamine in alkyl(C2- 

C4)benzenes 

■ cc. Sulfuric acid, spent 

■ dd. Tetradecylbenzene, see 

Alkyl(C9+) benzenes 

■ ee. Tetrahydronaphthalene 

■ ff. Tetramethylbenzene 

■ gg. Titanium tetrachloride 

■ hh. Toluene 

■ ii. Xylene 

■ jj. Xylenes, Ethylbenzene mixture 

PART 154—SAFETY STANDARDS FOR 

SELF-PROPELLED VESSELS 

CARRYING BULK LIQUEFIED GASES 

■ 55. The authority citation for part 154 

continues to read as follows: 

Authority: 46 U.S.C. 3703, 9101; 

Department of Homeland Security Delegation 

No. 0170.1. 

§ 154.30 [Removed and Reserved] 

■ 56. Remove and reserve § 154.30. 

PART 160—LIFESAVING EQUIPMENT 

■ 57. The authority citation for part 160 

continues to read as follows: 


erowe on DSK5CLS3C1PROD with RULES
60004 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

Authority: 46 U.S.C. 2103, 3306, 3703 and 

4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 

Comp., p. 277; 49 CFR 1.46. 

§ 160.151–57 [Amended] 

■ 58. Amend § 160.151–57(b)(8) by 

removing the word ‘‘Transponder’’ and 

adding, in its place, the word 

‘‘Transmitter’’. 

PART 177—CONSTRUCTION AND 

ARRANGEMENT 

■ 59. The authority citation for part 177 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

§ 177.820 [Amended] 

■ 60. Amend § 177.820 in paragraphs 

(d)(1) and (2) by removing the words 

‘‘3.8 meters’’ and adding, in their places, 

the words ‘‘4.572 meters’’. 

PART 184—VESSEL CONTROL AND 

MISCELLANEOUS SYSTEMS AND 

EQUIPMENT 

■ 61. The authority citation for part 184 

continues to read as follows: 

Authority: 46 U.S.C. 2103, 3306; E.O. 

12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 

277; Department of Homeland Security 

Delegation No. 0170.1. 

§ 184.510 [Amended] 

■ 62. Amend § 184.510(a)(7) by 

removing the words ‘‘LORAN 

coordinates,’’. 

PART 401—GREAT LAKES PILOTAGE 

REGULATIONS 

■ 63. 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] 

■ 64. Amend § 401.110(a)(9) by 

removing the text ‘‘CG–54122’’ and 

adding, in its place, the text ‘‘CG–5522’’. 

Dated: September 17, 2010. 

Sandra Selman, 

Acting Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. 2010–23766 Filed 9–28–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 71 

[OST Docket No. OST–2010–0046] 

Relocation of Standard Time Zone 

Boundary in the State of North Dakota: 

Mercer County 

AGENCY: Office of the Secretary, 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: DOT is moving all of Mercer 

County, North Dakota to the central time 

zone. Prior to this action, all of Mercer 

County was located in the mountain 

time zone. This action is taken in 

response to a petition filed by the Board 

of County Commissioners for Mercer 

County and is based on comments made 

at a public hearing and filed in the 

docket. 

DATES: Effective Date: This final rule 

will be effective November 7, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, U.S. Department of 

Transportation, Room W94–302, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, (202) 366–9310, 

bob.ashby@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

For more than a century, time zone 

boundaries in North Dakota have had an 

interesting and varied history. 

Beginning in 1883, mountain time was 

observed in the southwest portion of the 

State and a few locations in the 

northwest, with central time being used 

elsewhere. In 1929, the Interstate 

Commerce Commission (ICC), which 

then had jurisdiction over time zone 

boundaries, extended central time to 

cover all but a cluster of counties in the 

southwest corner of the State. Congress 

transferred the ICC’s time zone 

boundary powers to the Department of 

Transportation (DOT) in 1967. DOT 

exercises these powers under the 

provisions of the Uniform Time Act of 

1966 (15 U.S.C. 260–64). 

The Department has exercised its 

authority under this statute in several 

proceedings affecting North Dakota. In 

1968, in response to a petition from the 

Governor of North Dakota, the 

Department placed 14 counties lying 

south and west of the Missouri River 

into mountain time. The change was 

made to accommodate the historical 

pattern of time observance in the State. 

In 1992, in response to a petition from 

the Board of Commissioners of Oliver 

County (which is adjacent to Mercer 

County), the Department moved that 

county into the central time zone. The 

Department took similar action with 

respect to Morton County and a portion 

of Sioux County in 2003. 

In 2000–2003, the Department 

considered a petition from the Mercer 

County Commission to move the county 

to the central time zone. The proposal 

was controversial in the county. A 2000 

referendum favored changing to central 

time by a vote of 1,180 to 1,038. 

However, a majority of written 

comments to the Department’s docket, 

and much of the sentiment of persons 

attending a public hearing, favored 

keeping the county in the mountain 

time zone. After considering the 

comments, and while acknowledging 

the reasons supporting a change, the 

Department decided to deny the petition 

(68 FR 53082; September 9, 2003). The 

Department’s decision noted that the 

Commission was free to file a new 

petition on the subject in the future. In 

a petition dated October 9, 2009, Mr. 

Lyle L. Latimer, Chairman of Mercer 

County Board of County 

Commissioners, asked the Department 

to move the county from the mountain 

time zone to the central time zone. 

Under the Uniform Time Act, the 

Secretary of Transportation has 

authority to issue regulations modifying 

the boundaries between time zones in 

the United States in order to move an 

area from one time zone to another. The 

standard in the statute for such 

decisions is ‘‘regard for the convenience 

of commerce and the existing junction 

points and division points of common 

carriers engaged in interstate or foreign 

commerce.’’ The principal standard for 

deciding whether to change a time zone 

is defined very broadly to include 

consideration of all the impacts upon a 

community of a change in its standard 

of time. DOT has developed a series of 

questions to assist communities and us 

in determining the impact of a time 

zone change on the ‘‘convenience of 

commerce.’’ The Department considers 

information bearing on these questions 

in making its decision on a proposed 

time zone change. 

1. From where do businesses in the 

community get their supplies, and to 

where do they ship their goods or 

products? 

2. From where does the community 

receive television and radio broadcasts? 

3. Where are the newspapers 

published that serve the community? 

4. From where does the community 

get its bus and passenger rail services; 

if there is no scheduled bus or passenger 

rail service in the community, to where 


erowe on DSK5CLS3C1PROD with RULES