80_FR_17388 80 FR 17326 - Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System

80 FR 17326 - Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 62 (April 1, 2015)

Page Range17326-17327
FR Document2015-07228

The Coast Guard published a final rule in the Federal Register on January 30, 2015, to expand the applicability of notice of arrival and automatic identification system (AIS) requirements and make related amendments regarding AIS. In that rule there is an error in the definition of Vessel Traffic Service (VTS) User and one in the AIS applicability regulation. This rule corrects those errors.

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015) 
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Rules and Regulations]
[Pages 17326-17327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07228]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 161 and 164

[Docket No. USCG-2005-21869]
RIN 1625-AA99


Vessel Requirements for Notices of Arrival and Departure, and 
Automatic Identification System

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

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SUMMARY: The Coast Guard published a final rule in the Federal Register 
on January 30, 2015, to expand the applicability of notice of arrival 
and automatic identification system (AIS) requirements and make related 
amendments regarding AIS. In that rule there is an error in the 
definition of Vessel Traffic Service (VTS) User and one in the AIS 
applicability regulation. This rule corrects those errors.

DATES: This rule is effective April 1, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email call or email Mr. Jorge Arroyo, Office of Navigation 
Systems (CG-NAV-2), Coast Guard; telephone 202-372-1563, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Ms. Cheryl Collins, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Viewing Documents Associated With This Rule

    To view the final rule published on January 30, 2015 (80 FR 5282), 
or other documents in the docket for this rulemaking, go to 
www.regulations.gov, type the docket number, USCG-2005-21869, in the 
``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' in 
the first item listed. Use the following link to go directly to the 
docket: www.regulations.gov/#!docketDetail;D=USCG-2005-21869.

Background

    On January 30, 2015, the Coast Guard published a final rule to 
expand the applicability of notice of arrival and automatic 
identification system (AIS) requirements and make related amendments 
regarding AIS. 80 FR 5282. We have identified two errors in this 
correction document.
    In the final rule, we revised the definition of ``VTS User'' 
(Vessel Traffic Service User) in 33 CFR 161.2. 80 FR 5334. Paragraph 
(3) of that definition should only have included vessels required to 
install and use a Coast Guard type-approved AIS, instead the definition 
included all vessels equipped with a Coast Guard type-approved AIS 
whether it is required or not. The definition published in the final 
rule is inconsistent with the discussion in the preambles of both the 
NPRM and final rule which encourage all vessel owners to use AIS. 73 FR 
76295, 76301, December 16, 2008; and 80 FR 5311, Jan. 30, 2015. The 
definition of ``VTS User'' in the final rule is also inconsistent with 
our authority to impose VTS User requirements.
    Also in the final rule at paragraph (b)(1)(iii) of 33 CFR 164.46, 
we omitted the word ``self-propelled'' when describing vessels 
certificated to carry more than 150 passengers that are

[[Page 17327]]

required to have on board a properly installed, operational Coast Guard 
type-approved AIS Class A device. 80 FR 5335. As indicated in the final 
rule preamble (80 FR 5307, January 30, 2015) and the NPRM proposed rule 
(73 FR 76317, December 16, 2008), we intended to limit the 
applicability of Sec.  164.46(b)(1)(iii) to self-propelled vessels.

Need for Corrections

    As discussed above, the published definition of ``VTS User'' in 33 
CFR 161.2 and AIS applicability paragraph (b)(1)(iii) in Sec.  164.46 
each contain an error which is misleading and needs to be corrected.

List of Subjects

33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

33 CFR Part 164

    Incorporation by reference, Marine safety, Navigation (water), 
Reporting and recordkeeping requirements, Waterways.
    Accordingly, 33 CFR parts 161 and 164 are corrected by making the 
following correcting amendments:

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, 70119; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. In Sec.  161.2, add the word ``required'' before the words ``Coast 
Guard'' in paragraph (3) of the definition of ``VTS User.''

PART 164-NAVIGATION SAFETY REGULATIONS

0
3. The authority citation for part 164 continues to read as follows:

    Authority:  33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1. Sec. 164.13 also issued 
under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 U.S.C. 70114 
and Sec. 102 of Pub. L. 107-295. Sec. 164.61 also issued under 46 
U.S.C. 6101.


0
4. In Sec.  164.46(b)(1)(iii), add the word ``self-propelled'' before 
the word ``vessel''.

    Dated: March 25, 2015.
K. Kroutil,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2015-07228 Filed 3-31-15; 8:45 am]
 BILLING CODE 9110-04-P

17326 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 6. Unfunded Mandates Reform Act Management Directive 023–01 and amendments regarding AIS. In that rule The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, there is an error in the definition of of 1995 (2 U.S.C. 1531–1538) requires which guides the Coast Guard in Vessel Traffic Service (VTS) User and Federal agencies to assess the effects of complying with the National one in the AIS applicability regulation. their discretionary regulatory actions. In Environmental Policy Act of 1969 This rule corrects those errors. particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and DATES: This rule is effective April 1, that may result in the expenditure by a have concluded that this action is one 2015. State, local, or tribal government, in the of a category of actions that do not FOR FURTHER INFORMATION CONTACT: If aggregate, or by the private sector of individually or cumulatively have a you have questions on this rule, call or $100,000,000 (adjusted for inflation) or significant effect on the human email call or email Mr. Jorge Arroyo, more in any one year. Though this rule environment. This rule involves Office of Navigation Systems (CG–NAV– will not result in such an expenditure, removing drawbridge operating 2), Coast Guard; telephone 202–372– we do discuss the effects of this rule regulations. This rule is categorically 1563, email Jorge.Arroyo@uscg.mil. If elsewhere in this preamble. excluded, under figure 2–1, paragraph you have questions on viewing or (32)(e), of the Instruction. 7. Taking of Private Property submitting material to the docket, call Under figure 2–1, paragraph (32)(e), of Ms. Cheryl Collins, Program Manager, This rule will not cause a taking of the Instruction, an environmental Docket Operations, telephone 202–366– private property or otherwise have analysis checklist and a categorical 9826. taking implications under Executive exclusion determination are not required for this rule. SUPPLEMENTARY INFORMATION: Order 12630, Governmental Actions and Interference with Constitutionally List of Subjects in 33 CFR Part 117 Viewing Documents Associated With Protected Property Rights. This Rule Bridges. 8. Civil Justice Reform To view the final rule published on For the reasons discussed in the January 30, 2015 (80 FR 5282), or other This rule meets applicable standards preamble, the Coast Guard amends 33 documents in the docket for this in sections 3(a) and 3(b)(2) of Executive CFR part 117 as follows: rulemaking, go to www.regulations.gov, Order 12988, Civil Justice Reform, to PART 117—DRAWBRIDGE type the docket number, USCG–2005– minimize litigation, eliminate OPERATION REGULATIONS 21869, in the ‘‘SEARCH’’ box and click ambiguity, and reduce burden. ‘‘SEARCH.’’ Click on ‘‘Open Docket 9. Protection of Children ■ 1. The authority citation for part 117 Folder’’ in the first item listed. Use the We have analyzed this rule under continues to read as follows: following link to go directly to the Executive Order 13045, Protection of docket: www.regulations.gov/ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Children from Environmental Health Department of Homeland Security Delegation #!docketDetail;D=USCG-2005-21869. Risks and Safety Risks. This rule is not No. 0170.1. Background an economically significant rule and § 117.639 [Removed] On January 30, 2015, the Coast Guard does not create an environmental risk to published a final rule to expand the health or risk to safety that might ■ 2. Remove § 117.639. applicability of notice of arrival and disproportionately affect children. Dated: March 19, 2015. automatic identification system (AIS) 10. Indian Tribal Governments F. M. Midgette, requirements and make related This rule does not have tribal Rear Admiral, U. S. Coast Guard, amendments regarding AIS. 80 FR 5282. Commander, Ninth Coast Guard District. We have identified two errors in this implications under Executive Order 13175, Consultation and Coordination [FR Doc. 2015–07318 Filed 3–31–15; 8:45 am] correction document. with Indian Tribal Governments, BILLING CODE 9110–04–P In the final rule, we revised the because it does not have a substantial definition of ‘‘VTS User’’ (Vessel Traffic direct effect on one or more Indian Service User) in 33 CFR 161.2. 80 FR DEPARTMENT OF HOMELAND 5334. Paragraph (3) of that definition tribes, on the relationship between the SECURITY should only have included vessels Federal Government and Indian tribes, or on the distribution of power and required to install and use a Coast Coast Guard Guard type-approved AIS, instead the responsibilities between the Federal Government and Indian tribes. definition included all vessels equipped 33 CFR Parts 161 and 164 with a Coast Guard type-approved AIS 11. Energy Effects [Docket No. USCG–2005–21869] whether it is required or not. The This action is not a ‘‘significant definition published in the final rule is RIN 1625–AA99 inconsistent with the discussion in the energy action’’ under Executive Order 13211, Actions Concerning Regulations Vessel Requirements for Notices of preambles of both the NPRM and final That Significantly Affect Energy Supply, Arrival and Departure, and Automatic rule which encourage all vessel owners Distribution, or Use. Identification System to use AIS. 73 FR 76295, 76301, December 16, 2008; and 80 FR 5311, 12. Technical Standards AGENCY: Coast Guard, DHS. Jan. 30, 2015. The definition of ‘‘VTS This rule does not use technical ACTION: Correcting amendments. User’’ in the final rule is also rmajette on DSK2TPTVN1PROD with RULES standards. Therefore, we did not inconsistent with our authority to consider the use of voluntary consensus SUMMARY: The Coast Guard published a impose VTS User requirements. standards. final rule in the Federal Register on Also in the final rule at paragraph January 30, 2015, to expand the (b)(1)(iii) of 33 CFR 164.46, we omitted 13. Environment applicability of notice of arrival and the word ‘‘self-propelled’’ when We have analyzed this rule under automatic identification system (AIS) describing vessels certificated to carry Department of Homeland Security requirements and make related more than 150 passengers that are VerDate Sep<11>2014 15:06 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.SGM 01APR1

Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 17327 required to have on board a properly Dated: March 25, 2015. FOR FURTHER INFORMATION CONTACT: installed, operational Coast Guard type- K. Kroutil, Thomas Webb, U.S. EPA, Region 9, approved AIS Class A device. 80 FR Chief, Office of Regulations and Planning Office, Air Division, AIR–2, 75 5335. As indicated in the final rule Administrative Law, U.S. Coast Guard. Hawthorne Street, San Francisco, CA preamble (80 FR 5307, January 30, 2015) [FR Doc. 2015–07228 Filed 3–31–15; 8:45 am] 94105. Thomas Webb may be reached at and the NPRM proposed rule (73 FR BILLING CODE 9110–04–P telephone number (415) 947–4139 and 76317, December 16, 2008), we intended via electronic mail at webb.thomas@ to limit the applicability of epa.gov. § 164.46(b)(1)(iii) to self-propelled ENVIRONMENTAL PROTECTION vessels. SUPPLEMENTARY INFORMATION: AGENCY Need for Corrections Table of Contents 40 CFR Part 52 I. Overview of Proposed Action As discussed above, the published [EPA–R09–OAR–2014–0586; FRL–9924–64– II. Public Comments and EPA Responses definition of ‘‘VTS User’’ in 33 CFR Region 9] III. Summary of Final Action 161.2 and AIS applicability paragraph IV. Statutory and Executive Order Reviews (b)(1)(iii) in § 164.46 each contain an Approval and Promulgation of State error which is misleading and needs to Implementation Plans; California; I. Overview of Proposed Action be corrected. Regional Haze Progress Report EPA proposed on September 29, 2014, List of Subjects AGENCY: Environmental Protection to approve the California Regional Haze Agency. Plan 2014 Progress Report (‘‘Progress 33 CFR Part 161 ACTION:Final rule. Report’’ or ‘‘Report’’) as a revision to the Harbors, Navigation (water), California RH SIP.1 CARB submitted the Reporting and recordkeeping SUMMARY: The Environmental Protection Progress Report to EPA on June 16, requirements, Vessels, Waterways. Agency (EPA) is approving a revision to 2014, to address the RHR requirements the California Regional Haze (RH) State at 40 CFR 51.308(g), (h), and (i). As 33 CFR Part 164 Implementation Plan (SIP) submitted by described in our proposal, CARB the California Air Resources Board demonstrated that the emission control Incorporation by reference, Marine (CARB) documenting that the State’s safety, Navigation (water), Reporting measures in the existing California RH existing plan is making adequate SIP are sufficient to enable California, as and recordkeeping requirements, progress to achieve visibility goals by Waterways. well as other states with Class I areas 2018. The revision consists of the affected by emissions from sources in Accordingly, 33 CFR parts 161 and California Regional Haze Plan 2014 California, to meet all established 164 are corrected by making the Progress Report that addresses the visibility goals (known as reasonable following correcting amendments: Regional Haze Rule (RHR) requirements progress goals or RPGs) for 2018. Based under the Clean Air Act (CAA) to on our evaluation of the Report, we PART 161—VESSEL TRAFFIC describe progress in achieving visibility MANAGEMENT proposed to approve CARB’s goals in Federally designated Class I determination that the California RH SIP areas in California and nearby states. requires no substantive revision at this ■ 1. The authority citation for part 161 EPA is taking final action to approve time. We also proposed to find that continues to read as follows: California’s determination that the CARB fulfilled the requirements in Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. existing RH SIP is adequate to meet 51.308(i)(2), (3), and (4) to provide 70114, 70119; Pub. L. 107–295, 116 Stat. these visibility goals and requires no Federal Land Managers (FLMs) with an 2064; Department of Homeland Security substantive revision at this time. opportunity to consult on the RH SIP Delegation No. 0170.1. DATES: Effective date: This rule is revision, describe how CARB addressed effective May 1, 2015. the FLMs’ comments, and provide ■ 2. In § 161.2, add the word ‘‘required’’ before the words ‘‘Coast Guard’’ in ADDRESSES: EPA has established docket procedures for continuing the paragraph (3) of the definition of ‘‘VTS number EPA–R09–OAR–2014–0586 for consultation. Please refer to our User.’’ this action. Generally, documents in the proposed rule for background docket are available electronically at information on the RHR, the California PART 164–NAVIGATION SAFETY http://www.regulations.gov or in hard RH SIP, and the specific requirements REGULATIONS copy at EPA Region 9, 75 Hawthorne for Progress Reports. Street, San Francisco, California. Please note that while many of the documents II. Public Comments and EPA ■ 3. The authority citation for part 164 Responses continues to read as follows: in the docket are listed at http:// www.regulations.gov, some information EPA’s proposed action provided for a Authority: 33 U.S.C. 1222(5), 1223, 1231; may be publicly available only at the 46 U.S.C. 2103, 3703; E.O. 12234, 45 FR public comment period that, upon hard copy location (e.g., copyrighted request, was extended to 60 days ending 58801, 3 CFR, 1980 Comp., p. 277; material, large maps, multi-volume on November 28, 2014.2 We received Department of Homeland Security Delegation reports, or otherwise voluminous one set of comments from the National No. 0170.1. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also issued under 46 materials), and some may not be Parks Conservation Association available at either location (e.g., rmajette on DSK2TPTVN1PROD with RULES U.S.C. 70114 and Sec. 102 of Pub. L. 107– (NPCA).3 NPCA’s comments and our 295. Sec. 164.61 also issued under 46 U.S.C. confidential business information). To responses are summarized below. 6101. inspect the hard copy materials that are publicly available, please schedule an 1 79FR 58302–58309. ■ 4. In § 164.46(b)(1)(iii), add the word appointment during normal business 2 79FR 64160. ‘‘self-propelled’’ before the word hours with the contact listed directly 3 Letter from Nathan Miller (NPCA) to Thomas ‘‘vessel’’. below. Webb (EPA) dated November 29, 2014. VerDate Sep<11>2014 15:06 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\01APR1.SGM 01APR1


Document Created: 2015-12-18 11:03:56
Document Modified: 2015-12-18 11:03:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesThis rule is effective April 1, 2015.
ContactIf you have questions on this rule, call or email call or email Mr. Jorge Arroyo, Office of Navigation Systems (CG-NAV-2), Coast Guard; telephone 202-372-1563, email [email protected] If you have questions on viewing or submitting material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 17326 
RIN Number1625-AA99
CFR Citation33 CFR 161
33 CFR 164
CFR AssociatedHarbors; Navigation (water); Reporting and Recordkeeping Requirements; Vessels; Waterways; Incorporation by Reference and Marine Safety
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