[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 161 and 165
[CGD01-04-133]
RIN 1625-AB17
Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable
Waterways Within the First Coast Guard District
AGENCY: Coast Guard, DHS.
ACTION: Final rule; correction.
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SUMMARY: The Coast Guard is making two technical corrections to a Final
Rule published in the Federal Register on August 30, 2007. The Final
Rule titled ``Regulated Navigation Area; Buzzards Bay, Massachusetts;
Navigable Waterways within the First Coast Guard District'' contained
imprecise and potentially confusing cross references regarding the
applicability of certain regulations implemented by the rule. The
revised wording provided in this correction is intended to clarify the
intent of the final rule and eliminate any possible confusion.
DATES: This correction is effective as of December 13, 2007.
ADDRESSES: Comments and material received from the public concerning
this correction will be made part of the docket for the underlying rule
and will be available for inspection and copying at the offices of
Commander, Coast Guard Sector Southeastern New England, East Providence
Office, 20 Risho Avenue, East Providence, RI 02914, between 8 a.m. and
3 p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Edward G. LeBlanc at Coast Guard
Sector Southeastern New England, East Providence, RI, 401-435-2351.
SUPPLEMENTARY INFORMATION:
Background
On August 30, 2007, the Coast Guard published a Final Rule titled
``Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable
Waterways within the First Coast Guard District'' to amend an existing
Regulated Navigation Area (RNA) within the waters of the First Coast
Guard District. (72 FR 50052). Specifically, the Final Rule required
that certain tank vessels and tug/barge combinations transiting
Buzzards Bay, Massachusetts, be accompanied by escort tugs and pilots
operating under a properly endorsed Federal pilot's license. To further
this objective, the Coast Guard also established a Vessel Movement
Reporting System (VMRS) for Buzzards Bay, and requires that vessels
subject to the Vessel Bridge-to-Bridge VHF Radiotelephone regulations
participate in the VMRS. This correction alters two potentially
confusing cross-references to regulations mentioned in the final rule.
The substantive requirements of the rule are not altered by this
technical correction.
Need for Correction
The Final Rule amended parts 161 and 165 of Title 33 of the Code of
Regulations. As explained in the preamble to the Final Rule, the
inserted language was intended to make the general VMRS operating
requirements, set forth in subpart B of part 161, applicable to all
vessels transiting Buzzard's Bay that are subject to the Vessel Bridge-
to-Bridge Radiotelephone Regulations, set forth in 33 CFR part 26. The
Final Rule, as published, however, erroneously referred to ``Subpart B
of this chapter'' and ``Subpart B of this part'' in part 161 and part
165, respectively, instead of referring to ``Subpart B of part 161'' in
the revisions of both part 161 and part 165. The language substituted
by this correction is intended to eliminate any potential confusion
regarding what vessels are required to participate in the Buzzard's Bay
VMRS, and what is required of those vessels.
List of Subjects
33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 161 and 165 as follows:
PART 161--VESSEL TRAFFIC MANAGEMENT
0
1. The authority citation for part 161 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. In Sec. 161.12, revise footnote 5 of table 161.12(c) to read as
follows:
Sec. 161.12 Vessel operating requirements.
* * * * *
(c) * * *
\5\ In addition to the vessels denoted in Section 161.16 of this
chapter, requirements set forth in subpart B of 33 CFR part 161 also
apply to any vessel transiting VMRS Buzzards Bay required to carry a
bridge-to-bridge radiotelephone by part 26 of this chapter.
* * * * *
PART 165--WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED
ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
4. In Sec. 165.100, revise(d)(5)(iv) to read as follows:
Sec. 165.100 Regulated Navigation Area: Navigable waters within the
First Coast Guard District.
* * * * *
(d) * * *
(5) * * *
(iv) In addition to the vessels denoted in Sec. 161.16 of this
chapter, requirements set forth in subpart B of 33 CFR part 161 also
apply to any vessel transiting VMRS Buzzards Bay required to carry a
bridge-to-bridge radiotelephone by Part 26 of this chapter.
* * * * *
Dated: November 29, 2007.
T.V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. E7-24128 Filed 12-12-07; 8:45 am]
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