[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59997-60004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23766]
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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.
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SUMMARY: This final 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
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 [email protected]. 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,
[[Page 59998]]
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 Sec. 54.01-15(a)(5) and leaves the more
recently updated version of the paragraph, redesignating it as Sec.
54.01-15(a)(5) from Sec. 54.01-15(a)(4). This rule returns the
original paragraph at Sec. 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
Sec. 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
[[Page 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.
[[Page 60000]]
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.
0
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
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. 1.01-10 [Amended]
0
2. Amend Sec. 1.01-10 as follows:
0
a. Revise paragraph (b)(1) introductory text to read as set out below.
0
b. Remove paragraph (b)(1)(iii) and redesignate paragraph (b)(1)(iv) as
paragraph (b)(1)(iii).
Sec. 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
0
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).
0
4. Revise Sec. 2.01-5(c) to read as follows:
Sec. 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.
0
5. Revise Sec. 2.01-6 to read as follows:
Sec. 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
[[Page 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 Sec. 2.01-5. Any
amendments to these certificates shall be accomplished in accordance
with Sec. 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.
Sec. 2.10-1 [Amended]
0
6. In Sec. 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''.
0
7. In Sec. 2.10-5, add a third sentence to paragraph (d) to read as
follows:
Sec. 2.10-5 Exemptions.
* * * * *
(d) * * * The Officer in Charge, Marine Inspection will endorse and
forward the request to Commandant (CG-DCO-83) for decision.
Sec. 2.10-10 [Amended]
0
8. Amend Sec. 2.10-10 as follows:
0
a. Remove the text ``CG-DCO-R-3'' and add, in its place, the text ``CG-
DCO-83''; and
0
b. Remove the text ``G-MRP'' and add, in its place, the text ``CG-DCO-
83''.
0
9. Amend Sec. 2.10-20 as follows:
0
a. In paragraph (b), add a second sentence;
0
b. Revise paragraph (d);
0
c. In paragraph (e), remove the text ``CG-DCO-R-3'' and add, in its
place, the text ``CG-DCO-83'';
0
d. In paragraph (e), remove the text ``G-MRP'' and add, in its place,
the text ``CG-DCO-83''; and
0
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:
Sec. 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.
* * * * *
Sec. 2.10-101 [Amended]
0
10. Amend Sec. 2.10-101(c) by removing the word ``midperiod'' and
adding, in its place, the words ``annual and periodic''.
0
11. Amend Sec. 2.10-105 as follows:
0
a. In paragraph (b), remove the text ``CG-DCO-R-3'' and add, in its
place, the text ``CG-DCO-83''; and
0
b. In paragraph (e), add a fourth sentence to read as follows:
Sec. 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.
Sec. 2.10-115 [Amended]
0
12. Amend Sec. 2.10-115(b) by removing the text ``CG-DCO-R-3'' and
adding, in its place, the text ``CG-DCO-83''.
Sec. 2.10-125 [Amended]
0
13. Amend Sec. 2.10-125 as follows:
0
a. In paragraph (a), remove the word ``Letter'' wherever it appears and
add, in its place, the word ``Certificate''; and
0
b. In paragraph (b), remove the words ``Tank Vessel Examination
Letter'' and add, in their place, the words ``Certificate of
Compliance''.
Sec. 2.10-130 [Amended]
0
14. Amend Sec. 2.10-130 as follows:
0
a. In paragraph (a), remove the word ``Letter'' and add, in its place,
the word ``Certificate''; and
0
b. In paragraph (b), remove the word ``Letter'' and add, in its place,
the word ``Certificate''.
Sec. 2.75-1 [Amended]
0
15. Amend Sec. 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
0
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.
0
17. Revise Sec. 7.65 to read as follows:
Sec. 7.65 Charleston Harbor, SC.
A line drawn from Charleston Light on Sullivans Island to latitude
32[deg]40.7' N. longitude 79[deg]42.9' W. (Charleston Lighted Whistle
Buoy ``2C''); thence to a point on Folly Island at latitude
32[deg]41.0' N. longitude 79[deg]53.2' W.
PART 9--EXTRA COMPENSATION FOR OVERTIME SERVICES
0
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.
Sec. 9.14 [Amended]
0
19. In Sec. 9.14, after the words ``fees against'', remove the word
``steamship''.
PART 10--MERCHANT MARINER CREDENTIAL
0
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.
0
21. Amend Sec. 10.215(a) by revising Table 10.215(a) to read as
follows:
[[Page 60002]]
Table 10.215(a)--Medical and Physical Requirements for Mariner Endorsements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Demonstration of physical
Credential Vision test Hearing test General medical exam ability
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Deck officer, including pilot Sec. 10.215(b)(1) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(ii) Engineering officer......... Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(iv) Radio officer............... Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(v) Offshore installation Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
manager, barge supervisor, or
ballast control operator.
(vi) Able seaman................. Sec. 10.215(b)(1) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(vii) QMED....................... Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(viii) RFPNW..................... Sec. 10.215(b)(1) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(ix) RFPEW....................... Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(x) Tankerman.................... Sec. 10.215(b)(2) Sec. 10.215(c) Sec. 10.215(d)(1) Sec. 10.215(e)(1)
(xi) Food handler serving on ............................ ............................ Sec. 10.215(d)(2) ...........................
vessels to which STCW does not
apply.
(xii) Food handler serving on ............................ ............................ Sec. 10.215(d)(2) Sec. 10.215(e)(1)
vessels to which STCW applies.
(xiii) Ratings, including entry ............................ ............................ ............................ Sec. 10.215(e)(2)
level, serving on vessels to
which STCW applies, other than
those listed above.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
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.
Sec. 11.302 [Amended]
0
23. Amend Sec. 11.302(g) by removing the text ``Sec. 1.03-45'' and
adding, in its place, the text ``Sec. 1.03-40''.
PART 25--REQUIREMENTS
0
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.
Sec. 25.01-3 [Amended]
0
25-26. Amend Sec. 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
0
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.
Sec. 27.102 [Amended]
0
28. Amend Sec. 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
0
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.
Sec. 28.10 [Amended]
0
30. Amend Sec. 28.10 as follows:
0
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
0
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''.
Sec. 28.40 [Amended]
0
31. Amend Sec. 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''.
Sec. 28.50 [Amended]
0
32. In Sec. 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''.
Sec. 28.265 [Amended]
0
33. Amend Sec. 28.265(d)(4)(vii) by removing the words ``LORAN
coordinate,''.
Sec. 28.820 [Amended]
0
34. In 28.820(a)(2), second sentence, after the words ``bilge system
requirements of'', remove the text ``Sec. 28.760(c)'' and add, in its
place, the text ``Sec. 28.255(d)''.
PART 31--INSPECTION AND CERTIFICATION
0
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.
Sec. 31.10-1 [Amended]
0
36. In Sec. 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
0
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.
0
38. In Sec. 54.01-15, revise paragraphs (a)(4) and (a)(5) to read as
follows:
[[Page 60003]]
Sec. 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 Sec. 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 [deg]F (93 [deg]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
0
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.
Sec. 70.35-5 [Amended]
0
40. In Sec. 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
0
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.
Sec. 76.15-5 [Amended]
0
42. Amend Sec. 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
0
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.
Sec. 112.15-5 [Amended]
0
44. Amend Sec. 112.15-5(j) by removing the word ``loran,''.
PART 114--GENERAL PROVISIONS
0
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; Sec. 114.900 also issued under 44 U.S.C. 3507.
Sec. 114.600 [Amended]
0
46. Amend Sec. 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
0
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.
Sec. 121.510 [Amended]
0
48. Amend Sec. 121.510(a)(7) by removing the words ``LORAN
coordinates,''.
PART 129--ELECTRICAL INSTALLATIONS
0
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.
Sec. 129.110 [Amended]
0
50. Amend Sec. 129.110 by removing the word ``part'' and adding, in
its place, the word ``subchapter''.
PART 131--OPERATIONS
0
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.
Sec. 131.890 [Amended]
0
52. Amend Sec. 131.890 by removing the word ``Transponder'' and
adding, in its place, the word ``Transmitter''.
PART 150--COMPATIBILITY OF CARGOES
0
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]
0
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:
0
a. Alkyl acrylate-Vinyl pyridine copolymer in Toluene
0
b. Alkyl(C3-C4)benzenes
0
c. Alkyl(C5-C8)benzenes
0
d. Alkyl(C9+)benzenes
0
e. Alkylbenzene, Alkylindane, Alkylindene mixture (each C12-C17)
0
f. Benzene hydrocarbon mixtures (having 10% Benzene or more)
0
g. Butylbenzene, see Alky(C3-C4)benzenes
0
h. Butyl phenol, Formaldehyde resin in Xylene
0
i. Butyl toluene
0
j. Cymene
0
k. Decylbenzene, see Alkyl(C9+) benzenes
0
l. Dialkyl(C10-C14) benzenes, see Alkyl(C9+) benzenes
0
m. Dichloromethane
0
n. Diethylbenzene
0
o. Diisopropylbenzene
0
p. Diisopropyl naphthalene
0
q. Diphenyl
0
r. Dodecanol
0
s. Dodecylamine, Tetradecylamine mixture
0
t. Dodecyl hydroxypropyl sulfide
0
u. Ethylbenzene
0
v. Ethyl toluene
0
w. 1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene mixture
0
x. Methyl naphthalene
0
y. Naphthalene
0
z. 1-Phenyl-1-xylyl ethane
0
aa. Poly(2+)cyclic aromatics
0
bb. Polyolefinamine in alkyl(C2-C4)benzenes
0
cc. Sulfuric acid, spent
0
dd. Tetradecylbenzene, see Alkyl(C9+) benzenes
0
ee. Tetrahydronaphthalene
0
ff. Tetramethylbenzene
0
gg. Titanium tetrachloride
0
hh. Toluene
0
ii. Xylene
0
jj. Xylenes, Ethylbenzene mixture
PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK
LIQUEFIED GASES
0
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.
Sec. 154.30 [Removed and Reserved]
0
56. Remove and reserve Sec. 154.30.
PART 160--LIFESAVING EQUIPMENT
0
57. The authority citation for part 160 continues to read as follows:
[[Page 60004]]
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.
Sec. 160.151-57 [Amended]
0
58. Amend Sec. 160.151-57(b)(8) by removing the word ``Transponder''
and adding, in its place, the word ``Transmitter''.
PART 177--CONSTRUCTION AND ARRANGEMENT
0
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.
Sec. 177.820 [Amended]
0
60. Amend Sec. 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
0
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.
Sec. 184.510 [Amended]
0
62. Amend Sec. 184.510(a)(7) by removing the words ``LORAN
coordinates,''.
PART 401--GREAT LAKES PILOTAGE REGULATIONS
0
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.
Sec. 401.110 [Amended]
0
64. Amend Sec. 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