[Federal Register: September 29, 2008 (Volume 73, Number 189)]
[Rules and Regulations]
[Page 56505-56511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se08-22]
[[Page 56505]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 1, 10, 12, 13, 14, 15, 28, 31, 71, 91, 107, 150, 176,
401 and 402
[USCG-2008-0906]
RIN 1625-ZA20
Shipping; Technical, Organizational, and Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive changes throughout Title 46 of
the Code of Federal Regulations. The purpose of this rule is to make
conforming amendments and technical corrections to Coast Guard shipping
regulations. This rule will have no substantive effect on the regulated
public. These changes are provided to coincide with the annual
recodification of Title 46 on October 1.
DATES: This final rule is effective September 29, 2008.
ADDRESSES: Comments and material received from the public as well as
documents mentioned in this preamble as being available in the docket,
are part of USCG-2008-0906 and are available for inspection or copying
at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Reed Kohberger, CG-5232, Coast Guard, telephone 202-372-1471.
If you have questions on viewing the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Regulatory History
II. Background and Purpose
III. Discussion of Rule
IV. Regulatory Evaluation
A. Executive Order 12866
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates Reform Act
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
L. Environment
I. Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard
finds this rule is exempt from notice and comment rulemaking
requirements because these changes involve agency organization and
practices, and good cause exists for not publishing an NPRM for all
revisions in the rule because they are all non-substantive changes.
This rule consists only of corrections and editorial, organizational,
and conforming amendments. These changes will have no substantive
effect on the public; therefore, it is unnecessary to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same
reasons, good cause exists for making this rule effective less than 30
days after publication in the Federal Register.
II. Background and Purpose
Each year the printed edition of Title 46 of the Code of Federal
Regulations is updated on October 1. This rule, which becomes effective
September 29, 2008, makes technical and editorial corrections
throughout Title 46. This rule does not create any substantive
requirements.
III. Discussion of Rule
This rule updates the address and contact information for the
National Maritime Center (NMC) in 10 sections: the Marine Index Bureau
in 1 section; the National Cargo Bureau in 1 section; and the
International Cargo Bureau in 8 sections. We updated internal Coast
Guard office designators in nine sections, and typographical errors
were corrected in Sec. Sec. 10.219, 28.50, 28.275(a)(2), 28.390(c),
and 176.816. Further, certain sections of Title 46 previously included
a list of Regional Examination locations; however, as a result of other
rulemakings, these sections currently state that the list of Regional
Examination locations is available through the Coast Guard Web site at
http://www.uscg.mil. We updated cross-references to these sections in
Sec. Sec. 12.02-23(e), 12.02-27(a)(2), 13.107(f), 10.105 and 13.109(c)
to ensure the public may easily locate the list of Regional Examination
locations.
Additional amendments to parts 10, 14, 15, 28, 71, 91, 401, and 402
are:
46 CFR 10.464. We amended Sec. 10.464(f)(3) for clarity and to
make it consistent with Sec. 10.464(f)(2).
46 CFR Part 14. We updated the address for the NMC throughout Title
46 to reflect their move to West Virginia. In addition to updating the
address, we removed the outdated facsimile number in Sec. 14.103(b),
and replaced it with NMC's public contact e-mail address. The facsimile
number listed is no longer valid, and the NMC is now accepting
communications via electronic mail. We also added paragraph (c) to
Sec. 14.103 to provide the NMC's World Wide Web address.
46 CFR 15.610. We removed Sec. 15.610(c) because it expired on May
21, 2006. We re-designated Sec. 15.610(d) as Sec. 15.610(c) due to
the removal of paragraph (c).
46 CFR 28.575. We amended 46 CFR 28.575 to correct two
typographical errors. The first typographical error appears in the
formula in paragraph (b). Specifically, the figure two in the formula
should be a superscripted figure two. The correct formula, with the
superscripted figure, was added to the CFR in 1991 (56 FR 40413). The
typographical error appeared in the CFR in 1997. The Coast Guard
amended Sec. 28.575 twice between 1991 and 1997 (56 FR 47679 and 60 FR
50461); however neither amendment affected the superscripted figure,
and as such the cause for the error is unknown. Further, we have
contacted members of the public that may have been impacted by the
typographical error; and they have indicated that, in completing the
calculation, they have relied on the original formula published in 1991
rather than the formula published since 1997. This amendment will
merely restore the formula to that which was published in 1991. The
second typographical error appears in Figure 28.575, which is the
graphical representation for Sec. 28.575. Figure 28.575 shows a heel
angle of 40 degrees while the text of the rule in paragraph (e)(3)
states a heel angle of 50 degrees. Thus, we corrected Figure 28.575 to
accurately reflect the rule text.
46 CFR Parts 71 and 91. 73 FR 35959 amended Sec. 31.10-16 by
adding the National Cargo Bureau, Inc., as a recognized inspection
organization. Previously this section only listed the International
Cargo Gear Bureau, Inc., as a recognized inspection organization.
Sections 71.65-1 and 91.55-1 referenced Sec. 31.10-16 to identify the
International Cargo Gear Bureau, Inc., as the cargo gear organization
authorized to approve cargo gear plans and specifications. The
International Cargo Gear Bureau, Inc., remains the only authorized
organization, other than recognized classification societies authorized
to perform the approval of plans as described in Sec. Sec. 71.65-1 and
91.55-1. We amended Sec. Sec. 71.65-1 and
[[Page 56506]]
91.55-1 to eliminate confusion, and ensure that mariners continue to be
directed to appropriate cargo gear plans and specifications approval
organizations.
46 CFR Part 401. In Sec. Sec. 401.200 and 401.211, we removed a
provision requiring pilots to submit fingerprint charts with
registration applications. We removed these provisions because they
duplicate the same requirement found in Sec. 401.210(a)(1). In Sec.
401.450, we amended a reference to a pilot change point located in
Canada. Previously, the Canadians identified Lock No. 7, Welland Canal,
as an appropriate pilot change point. The Canadians have relocated the
pilot change point and it is now located at Port Colburne. Both Welland
Canal and Port Colburn are under Canadian jurisdiction--rather than
U.S. jurisdiction--and as such this amendment imposes no, U.S. based,
substantive burden on the regulated public. This amendment merely
conveys Canadian operating procedures to mariners that may traverse
Canadian waters. Pilots traversing Canadian waters have been complying
with this change for many years. Lastly, we amended Sec. 401.720 to
reflect the re-codification of 46 U.S.C. 216b(e). Public Law 109-304
(An Act to complete the codification of title 46, United States Code,
``Shipping'', as positive law) re-codified 46 U.S.C. 216b(e) as 46
U.S.C. 9304.
46 Part 402. We revised the authorities section by removing a
reference to a Department of Transportation regulation that no longer
applies to the Coast Guard. We 2104(a) amended Sec. 402.220 by
removing a reference to a memorandum of agreement between Canada and
the United States, dated 1961, regarding Great Lakes pilotage, and
replaced it with a more current version of that agreement dated 1977.
There were no substantive changes between the two agreements impacting
the public. Lastly, we revised Sec. 402.320 to reflect the most
current ``working rules'' on file with the Coast Guard. These working
rules are compiled by voluntary U.S. registered pilot associations
authorized to establish pilotage pools. This amendment provides the
public with information regarding the current working rules compiled by
those organizations.
IV. Regulatory Analyses
A. Executive Order 12866
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We expect the economic impact of this
rule to be so minimal that a full Regulatory Analysis is unnecessary.
As this rule involves internal agency practices and procedures and non-
substantive changes, it will not impose any costs on the public.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule does not require a general notice of proposed rulemaking and,
therefore, is exempt from the requirements of the Regulatory
Flexibility Act. However, the Coast Guard certifies under 5 U.S.C.
605(b) that this final rule will not have a significant economic impact
on a substantial number of small entities.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
F. Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
G. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
H. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
I. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
J. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs at OMB has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
K. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
[[Page 56507]]
technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, we did not consider the use of voluntary
consensus standards.
L. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that under the Instruction there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraphs (34)(a) and (b), of the Instruction from further
environmental documentation because this rule involves editorial,
procedural, and internal agency functions. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 13
Cargo vessels, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 14
Oceanographic research vessels, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
46 CFR Part 28
Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 150
Hazardous materials transportation, Marine safety, Occupational
safety and health, Reporting and recordkeeping requirements.
46 CFR Part 176
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 401
Administrative practice and procedure, Great Lakes, Navigation
(water), Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 402
Great Lakes, Navigation (water), Seamen.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR Parts 1, 10, 12, 13, 14, 15, 28, 31, 71, 91, 107, 150, 176, 401 and
402 as set forth below: Title 46--Shipping
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec. 1.01-35 also issued
under the authority of 44 U.S.C. 3507.
Sec. 1.01-15 [Amended]
0
2. In Sec. 1.01-15(e), remove the sentence ``Applicants may contact
the National Maritime Center at 4200 Wilson Boulevard, Suite 630,
Arlington, Virginia 22203-1804, or by telephone at 202-493-1002.'' and
add, in its place, the sentence ``Applicants may contact the National
Maritime Center at 100 Forbes Drive, Martinsburg, West Virginia 25404,
or by telephone at 1-888-I-ASK-NMC (1-888-427-5662).''
Sec. 1.03-15 [Amended]
0
3. Amend Sec. 1.03-15(h) as follows:
0
a. In paragraph (h)(1), remove the office designator ``(G-MOC)'', and
add, in its place, the office designator ``(CG-543)'';
0
b. In paragraph (h)(2), remove the office designator ``(G-MS)'', and
add, in its place, the office designator ``(CG-52)'';
0
c. In paragraph (h)(3), in the first sentence, remove the office
designator ``(CG-3PC)'' and add, in its place, the office designator
``(CG-54)'';
0
d. In paragraph (h)(3), in the second sentence, remove the office
designator ``CG-3PC(d)'', and add, in its place, the office designator
``(CG-54d)'';
0
e. In paragraph (h)(4), remove the office designator ``(G-PSE)'', and
add, in its place, the office designator ``(CG-521)''; and
0
f. In paragraph (h)(5), remove the office designator ``(G-M)'', and
add, in its place, the office designator ``(CG-5)''.
Sec. 1.03-40 [Amended]
0
4. In Sec. 1.03-40, remove, in both sentences, the phrase ``Director
of Inspection and Compliance, Commandant (G-PC)'', and add, in its
place, the phrase ``Director of Prevention Policy, Commandant (CG-
54)''.
Sec. 1.03-45 [Amended]
0
5. In Sec. 1.03-45, remove, in both sentences, the phrase ``Director
of Inspection and Compliance, Commandant (G-3PC)'' and add, in its
place, the phrase ``Director of Prevention Policy, Commandant (CG-
54)''.
Sec. 1.03-50 [Amended]
0
6. In Sec. 1.03-50, remove the office designator ``(G-M)'' and add, in
its place, the office designator ``(CG-5)''.
PART 10--LICENSING OF MARITIME PERSONNEL
0
7. The authority citation for part 10 continues to read as follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
Sec. 10.105 [Amended]
0
8. In Sec. 10.105 paragraph (a), remove the phrase ``National Maritime
Center,
[[Page 56508]]
at 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804 or by
telephone at 202-493-1002'', and add, in its place, the phrase
``National Maritime Center, 100 Forbes Drive, Martinsburg WV 25404 or
by telephone at 1-888-I-ASK-NMC (1-888-427-5662)''.
Sec. 10.112 [Amended]
0
9. In Sec. 10.112 paragraph (b), remove the phrase ``Commanding
Officer, U.S. Coast Guard National Maritime Center, 4200 Wilson
Boulevard, Suite 630, Arlington, VA 22203-1804'', and add, in its
place, the phrase ``Commandant (CG-5434), U.S. Coast Guard, 2100 Second
Street, SW., Washington, DC 20593''.
Sec. 10.213 [Amended]
0
10. In Sec. 10.213 paragraph (e), remove the word ``Commandant'', and
add, in its place, the phrase ``National Maritime Center''.
Sec. 10.219 [Amended]
0
11. In Sec. 10.219 paragraph (a), remove the phrase ``any OCMI'', and
add, in its place, the phrase ``the Coast Guard''.
Sec. 10.302 [Amended]
0
12-13. In Sec. 10.302 paragraph (a), remove the phrase ``Commanding
Officer, National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite
630, Arlington, VA 22203-1804'', and add, in its place, the phrase
``Commanding Officer, National Maritime Center, NMC-42, 100 Forbes
Drive, Martinsburg WV 25404''.
Sec. 10.303 [Amended]
0
14. In Sec. 10.303 paragraph (e), remove the office designator ``(NMC-
4B)'' and add, in its place, the office designator''NMC-42''.
Sec. 10.304 [Amended]
0
15. In Sec. 10.304 paragraph (a), remove the office designator ``,
NMC-2''.
Sec. 10.307 [Amended]
0
16. In Sec. 10.307
0
a. Remove the phrase ``Commanding Officer, National Maritime Center,
NMC-2, 4200 Wilson Boulevard, Suite 630, Arlington, VA 22203-1804'' and
add, in its place, the phrase ``Commanding Officer, National Maritime
Center, NMC-42, 100 Forbes Drive, Martinsburg WV 25404''; and
0
b. Remove the Web site ``www.uscg.mil/nmc'' and add, in its place, the
Web site ``http://www.uscg.mil/STCW//''.
Sec. 10.309 [Amended]
0
17. In Sec. 10.309 paragraph (a)(11), remove the phrase ``Commanding
Officer, National Maritime Center, NMC-2, 4200 Wilson Boulevard, Suite
630, Arlington, VA 22203-1804'', and add, in its place, the phrase
``Commanding Officer, National Maritime Center, NMC-42,100 Forbes
Drive, Martinsburg WV 25404''.
Sec. 10.464 [Amended]
0
18. In Sec. 10.464 paragraph (f) (3), remove the phrase ``complete a
TOAR.'' and add, in its place, the phrase ``complete an approved
training course.''
PART 12--CERTIFICATION OF SEAMEN
0
19. The authority citation for part 12 continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.
Sec. 12.01-7 [Amended]
0
20. In Sec. 12.01-7, remove the sentence ``Applicants may contact the
National Maritime Center at 4200 Wilson Boulevard, Suite 630,
Arlington, Virginia 22203-1804, or by telephone at 202-493-1002.'' and
add, in its place, the sentence ``Applicants may contact the National
Maritime Center at 100 Forbes Drive, Martinsburg, West Virginia 25404,
or by telephone at 1-888-I-ASK-NMC (1-888-427-5662).''
Sec. 12.02-23 [Amended]
0
21. In Sec. 12.02-23(c), remove the word ``listed'' and add, in its
place, the word ``referenced''.
Sec. 12.02-27 [Amended]
0
22. In Sec. 12.02-27(a)(2), remove the word ``listed'' and add, in its
place, the word ``referenced''.
Sec. 12.03-1 [Amended]
0
23. In Sec. 12.03-1(a)(11), remove the phrase ``Commanding Officer,
National Maritime Center, NMC-4B, 4200 Wilson Boulevard, Suite 630,
Arlington, Virginia 22203-1804'' and add, in its place, the phrase
``Commanding Officer, National Maritime Center, NMC-2, 100 Forbes
Drive, Martinsburg, West Virginia 25404''.
PART 13--CERTIFICATION OF TANKERMEN
0
24. The authority citation for part 13 continues to read as follows:
Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of
Homeland Security Delegation No. 0170.1.
Sec. 13.107 [Amended]
0
25. In Sec. 13.107(f), remove the word ``listed'' and add, in its
place, the word ``referenced''.
Sec. 13.109 [Amended]
0
26. In Sec. 13.109(c), remove the word ``listed'' and add, in its
place, the word ``referenced''.
PART 14--SHIPMENT AND DISCHARGE OF MERCHANT MARINERS
0
27. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 552; 46 U.S.C. Chapters 103 and 104.
0
28. Revise Sec. 14.103 to read as follows:
Sec. 14.103 Addresses of Coast Guard.
(a) U.S. postal mail: U.S. Coast Guard National Maritime Center
(NMC-42), 100 Forbes Drive, Martinsburg, West Virginia 25404.
(b) Electronic mail: IASKNMC@uscg.mil.
(c) World wide web: http://www.uscg.mil/nmc.
PART 15--MANNING REQUIREMENTS
0
29. The authority citation for part 15 continues to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; and Department of Homeland Security
Delegation No. 0170.1.
Sec. 15.610 [Amended]
0
30. Amend Sec. 15.610 as follows:
0
a. Remove paragraph (c);
0
b. Redesignate paragraph (d) as paragraph (c); and
0
c. In newly designated paragraph (c), remove the phrase ``paragraph
(d)(1) or paragraph (d)(2)'' and add in its place the phrase
``paragraph (c)(1) or paragraph (c)(2)''.
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
0
31. The authority citation for part 28 continues to read as follows:
Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603;
Department of Homeland Security Delegation No. 0170.1.
Sec. 28.50 [Amended]
0
32. Amend Sec. 28.50 as follows:
0
a. In the definition of ``Accepted organization'' remove the reference
[[Page 56509]]
``Sec. 28.073'', and add, in its place, the reference ``Sec. 28.73''.
0
b. In the definition of ``Coast Guard Representative'' remove the
phrase ``Office of Compliance, Fishing Vessels Safety Division,
Commandant (G-MOC-3)'' and add, in its place, the phrase ``Office of
Vessel Activities, Fishing Vessels Safety Division, Commandant (CG-
5433)''.
Sec. 28.80 [Amended]
0
33. In Sec. 28.80(d)(1), remove the sentence ``Marine Index Bureau,
Inc., 67 Scotch Road, Ewing, NJ, 08628-2504'', and add, in its place,
the sentence ``Marine Index Bureau (a division of ISO Claim Search),
Floor 22-8, 545 Washington Boulevard, Jersey City, NJ, 07310-1686.''
Sec. 28.275 [Amended]
0
34. In Sec. 28.275(a)(2), remove the reference ``64 CFR 28.270(a)'',
and add, in its place, the reference ``46 CFR 28.270(a)''.
Sec. 28.390 [Amended]
0
35. In Sec. 28.390(c), add the word ``and'' after the word ``light''.
Sec. 28.575 [Amended]
0
36. Amend Sec. 28.575 as follows
0
a. In paragraph(b) remove the formula ``KEn(Vn
2AnZn)/W'' and add in its place the formula
``KEn(Vn2AnZn)/
W''.
0
b. Revise Figure 28.575 to read as follows:
Sec. 28.575 Severe wind and roll.
* * * * *
[GRAPHIC] [TIFF OMITTED] TR29SE08.000
PART 31--INSPECTION AND CERTIFICATION
0
37. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
0
38. Amend Sec. 31.10-5 by revising paragraph (a)(1) to read as
follows:
Sec. 31.10-5 Inspection of new tank vessels--TB/ALL.
(a) * * *
(1) The plans and specifications shall include the arrangement of
the cargo gear. Prior to submission to the Officer in Charge, Marine
Inspection, plans and specifications for cargo gear shall be approved
by either a recognized classification society or the International
Cargo Gear Bureau, Inc., whose home office is located at 321 West 44th
Street, New York, NY 10036, on the Internet at http://www.icgb.com.
* * * * *
0
39. Amend Sec. 31.10-16 by revising paragraphs (e)(1) and (2) to read
as follows:
Sec. 31.10-16 Inspection and certification of cargo gear--TB/ALL.
* * * * *
(e) * * *
(1) National Cargo Bureau, Inc., with home offices at 17 Battery
Place, Suite 1232, New York, NY 10004; on the Internet at http://
www.natcargo.org.
(2) The International Cargo Gear Bureau, Inc., with home office at
321 West 44th Street, New York, NY 10036; on the Internet at http://
www.icgb.com.
PART 71--INSPECTION AND CERTIFICATION
0
40. The authority citation for part 71 continues to read as follows:
[[Page 56510]]
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2113, 3205, 3306, 3307;
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56
FR 54757, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.1.
0
41. Amend Sec. 71.65-1 by revising paragraph (c) to read as follows:
Sec. 71.65-1 General.
* * * * *
(c) Plans and specifications for cargo gear shall be approved by
either a recognized classification society or the International Cargo
Gear Bureau, Inc., whose home office is located at 321 West 44th
Street, New York, NY 10036; on the Internet at http://www.icgb.com.
PART 91--INSPECTION AND CERTIFICATION
0
42. The authority citation for part 91 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3205, 3306, 3307; 46
U.S.C. Chapter 701; Executive Order 12234; 45 FR 58801; 3 CFR, 1980
Comp., p. 277; Executive Order 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland Security Delegation No.
0170.1.
0
43. Amend Sec. 91.55-1 by revising paragraph (c) to read as follows:
Sec. 91.55-1 General.
* * * * *
(c) Plans and specifications for cargo gear shall be approved by
either a recognized classification society or the International Cargo
Gear Bureau, Inc., whose home office is located at 321 West 44th
Street, New York, NY 10036, on the Internet at http://www.icgb.com.
PART 107--INSPECTION AND CERTIFICATION
0
44. The authority citation for part 107 continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316;
Department of Homeland Security Delegation No. 0170.1; Sec. 107.05
also issued under the authority of 44 U.S.C. 3507.
0
45. Amend Sec. 107.115 by revising paragraph (b)(4) to read as
follows:
Sec. 107.115 Incorporation by reference.
* * * * *
(b) * * *
(4) International Cargo Gear Bureau, Inc., 321 West 44th Street,
New York, New York 10036, on the Internet at http://www.icgb.com.
* * * * *
0
46. Amend Sec. 107.258 by revising paragraph (a)(2) to read as
follows:
Sec. 107.258 Crane certification.
(a) * * *
(2) International Cargo Gear Bureau, Inc., 321 West 44th Street,
New York, NY 10036, on the Internet at http://www.icgb.com.
* * * * *
0
47. Amend Sec. 107.309 by revising the note following paragraph (a)(4)
to read as follows:
Sec. 107.309 Crane plans and information.
* * * * *
(a) * * *
(4) * * *
Note to Sec. 107.309(a)(4): These plans must be submitted to
the Coast Guard, if the crane is not certified. If the crane is to
be certified, four copies must be sent to the American Bureau of
Shipping or the International Cargo Gear Bureau, Inc.
* * * * *
0
48. Amend Sec. 107.317 by revising paragraph (d) to read as follows:
Sec. 107.317 Addresses for submittal of plans, specifications, and
calculations.
* * * * *
(d) International Cargo Gear Bureau, Inc., 321 West 44th Street,
New York, NY 10036, on the internet at http://www.icgb.com.
PART 150--COMPATIBILITY OF CARGOES
0
49. The authority citation for part 150 continues to read as follows:
Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security
Delegation No. 0170.1. Section 150.105 issued under 44 U.S.C. 3507;
Department of Homeland Security Delegation No. 0170.1.
Table I to Part 150 [Amended]
0
50. Amend Table I to part 150 by revising the entry for ``Oleylamine''
and adding the entry for ``Styrene monomer'' to read as follows:
Table I to Part 150--Alphabetical List of Cargoes
----------------------------------------------------------------------------------------------------------------
Chemical name Group No. Footnote CHRIS code Related CHRIS codes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Oleylamine........................ 7 .............. OLY..................
* * * * * * *
Styrene monomer................... 30 .............. STY.................. STX
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Table II to part 150--Grouping of Cargoes [Amended]
0
51. Amend Table II to part 150 by adding the word ``monomer'' after the
word ``Styrene'' in Group 30.
PART 176--INSPECTION AND CERTIFICATION
0
52. The authority citation for part 176 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307;
49 U.S.C. App. 1804; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 743; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.
Sec. 176.816 [Amended]
0
53. In the heading of the section remove the word ``MIscellaneous'' and
add, in its place the word, ``Miscellaneous''.
PART 401--GREAT LAKES PILOTAGE REGULATIONS
0
54. The authority citation for part 401 continues to read as follows:
Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304;
Department of Homeland Security Delegation No. 0170.1; 46 CFR
401.105 also issued under the authority of 44 U.S.C. 3507.
Sec. 401.110 [Amended]
0
55. Amend Sec. 401.110(a)(9) by removing the office designator
[[Page 56511]]
``Commandant (G-MWP-2)'' and adding, in its place, the office
designator ``Commandant (CG-54122)''.
0
56. Amend Sec. 401.200 by revising paragraph (a) to read as follows:
Sec. 401.200 Application for registration.
(a) An application for registration as a U.S. Registered Pilot
shall be made on Form CG-4509, which shall be submitted with two full-
face photographs, 1\1/2\ inches by 2 inches, signed on the face. These
forms may be obtained from the Director.
* * * * *
0
57. Amend Sec. 401.211 by revising paragraph (d) to read as follows:
Sec. 401.211 Requirements for training of Applicant Pilots.
* * * * *
(d) Persons desiring to be considered as an Applicant Pilot shall
file with the Director a completed Application Form, CG-4509, with two
full-face photographs, 1\1/2\ inches by 2 inches, signed on the face.
* * * * *
0
58. Amend Sec. 401.450 by revising paragraph (d) to read as follows:
Sec. 401.450 Pilot Change Points.
* * * * *
(d) Port Colborne;
* * * * *
Sec. 401.720 [Amended]
0
59. In Sec. 401.720 paragraph (b) remove the citation ``46 U.S.C.
216b(e)'' and add, in its place the citation ``46 U.S.C. 9304''.
PART 402--GREAT LAKES PILOTAGE RULES AND ORDERS
0
60. The authority citation for part 402 is revised to read as follows:
Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304.
Sec. 402.220 [Amended]
0
61. In Sec. 402.220 paragraph (b)(8) remove the reference ``Memorandum
of Arrangements, Great Lakes Pilotage, between the Secretary of
Commerce of the United States and the Minister of Transport, Canada on
May 1, 1961'' and add, in its place, the reference ``Memorandum of
Arrangements Great Lakes Pilotage Between the Minister of Transport of
Canada and the Secretary of Transportation of the United States of
America, January 18, 1977.''
0
62. Revise Sec. 402.320 to read as follows:
Sec. 402.320 Working rules.
(a) Sections 401.320(d)(2) and (6) of this chapter require that
voluntary associations of U.S. Registered Pilots authorized to
establish pilotage pools agree to submit Working Rules for approval of
the Director and that they will coordinate their pool operations with
Canada on a reciprocal basis. The following approved Working Rules are
on file in the office of the Director and are available for public
inspection by any person properly and directly concerned:
(1) The Working Rules and Dispatching Procedures for the designated
waters of District No. 1 adopted by the St. Lawrence Seaway Pilots'
Association, Inc., Cape Vincent, N.Y., dated May 1, 1980, amended to
March 24, 1999.
(2) The Working Rules and Dispatch Procedures for the undesignated
waters of District No. 1 adopted by the St. Lawrence Seaway Pilots'
Association, Inc., Cape Vincent, N.Y., dated July 27, 1982.
(3) The Working Rules, Dispatching Procedures, and General Rules of
District No. 2 adopted by the Lakes Pilots Association, Inc., Port
Huron, MI., dated March 30, 1999.
(4) The Working Rules for District No. 3, adopted by the Western
Great Lakes Pilots Association, LLP, Superior, WI., dated February 24,
2001 amended to February 28, 2007.
(b) [Reserved]
Dated: September 15, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E8-21884 Filed 9-26-08; 8:45 am]
BILLING CODE 4910-15-P