[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]
[Page 35959-35961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 31
[USCG-2008-0394]
RIN 1625-ZA18
Shipping; Technical, Organizational, and Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive changes to Title 46, part 31
of the Code of Federal Regulations. The purpose of this rule is to make
conforming amendments and technical corrections to Coast Guard shipping
regulations. Specifically, this final rule updates 46 CFR 31.10-16
concerning inspection and certification of shipboard cargo gear. This
rule will have no substantive effect on the regulated public.
DATES: This final rule is effective June 25, 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 docket USCG-2008-0394 and are available for inspection or
copying at the Docket Management Facility, 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 http://
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 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
[[Page 35960]]
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
The Coast Guard periodically makes technical amendments to Title 46
of the Code of Federal Regulations. This rule, which becomes effective
June 25, 2008, updates 46 CFR 31.10-16 concerning inspection and
certification of shipboard cargo gear. This rule does not create any
substantive requirements.
III. Discussion of Rule
This rule adds the National Cargo Bureau, Inc. (NCB) to 46 CFR
31.10-16(e) as an organization authorized by the Coast Guard to perform
inspections of shipboard cargo gear. In a letter dated March 28, 2007,
the Chief of the Office of Vessel Activities, U.S. Coast Guard,
confirmed that the NCB is authorized to perform such inspections, and
has been since 1960. In a Federal Register notice dated December 24,
1960, the Coast Guard announced that valid current certificates and/or
registers issued by the NCB may be accepted as prima facie evidence of
the condition of such gear. 25 FR 13730. The letter and notice are
available under docket number USCG-2008-0394 where indicated under the
ADDRESSES section of this preamble. This technical amendment will
afford the public appropriate notice of the NCB's existing
authorization to conduct shipboard cargo gear inspections.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
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, 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. As this rule involves internal agency
practices and procedures and non-substantive changes, it will not
impose any costs on the public.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule does not require a general NPRM and, therefore, is exempt
from the requirements of the Regulatory Flexibility Act. 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 has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
K. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 35961]]
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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that 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 in 46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR part 31 as follows:
PART 31--INSPECTION AND CERTIFICATION
0
1. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
0
2. In Sec. 31.10-16, revise paragraph (e) to read as follows:
Sec. 31.10-16 Inspection and certification of cargo gear-TB/ALL.
* * * * *
(e) The authorization for organizations to perform the required
inspection is granted by the Chief, Office of Vessel Activities,
Commandant (CG-543), and will continue until superseded, canceled, or
modified. The following organizations are currently recognized by the
Commandant (CG-543) as having the technical competence to handle the
required inspection:
(1) National Cargo Bureau, Inc., with home offices at 17 Battery
Place, Suite 1232, New York, NY 10004.
(2) The International Cargo Gear Bureau, Inc., with home office at
321 West 44th Street, New York, NY 10036.
Dated: June 19, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E8-14293 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-15-P