80 FR 62466 - Shipping; Technical, Organizational, and Conforming Amendments
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 200 (October 16, 2015)
Coast Guard
Federal Register Volume 80, Issue 200 (October 16, 2015)
| Page Range | 62466-62470 | |
| FR Document | 2015-26119 |
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)] [Rules and Regulations] [Pages 62466-62470] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26119] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 2, 5, 11, 107, 113, 114, 117, 125, 159, 162, 175, and 180 [Docket No. USCG-2015-0867] Shipping; Technical, Organizational, and Conforming Amendments AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule makes non-substantive technical, organizational, and conforming amendments to existing regulations throughout Title 46 of the Code of Federal Regulations. This rule will have no substantive effect on the regulated public. DATES: This final rule is effective October 16, 2015. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG-2015-0867, which is available at http://regulations.gov. FOR FURTHER INFORMATION CONTACT: If you have questions on this final rule, call or email Mr. Paul Crissy, Coast Guard; telephone 202-372- 1093, email Paul.H.Crissy@uscg.mil. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Discussion of the Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive Order FR Federal Register OMB Office of Management and Budget Pub. L. Public Law Sec. Section symbol U.S.C. United States Code [[Page 62467]] II. Regulatory History We did not publish a notice of proposed rulemaking for this rule. Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements, because these changes involve rules of agency organization, procedure, or practice. In addition, the Coast Guard finds that notice and comment procedures are unnecessary under 5 U.S.C. 553(b)(B), as this rule consists only of corrections and editorial, organizational, and conforming amendments, and that these changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this final rule effective upon publication in the Federal Register. III. Basis and Purpose On the 1st of October each year, the printed editions of Titles 46 and 49 of the Code of Federal Regulations (CFR) are re-codified. This rule, which becomes effective October 16, 2015, makes technical and editorial corrections throughout Title 46. There are no technical or editorial corrections for Title 49 this year. This rule does not create or change any substantive requirements. IV. Discussion of the Rule Each year, the Coast Guard issues technical, organizational, and conforming amendments to existing regulations in Titles 46 and 49 of the CFR. These annual ``technical amendments'' provide the public with more accurate and current regulatory information, but do not change the impact on the public of any Coast Guard regulations. This rule makes no changes to Title 49. This rule makes changes in the following sections of Title 46 in the CFR: Section 2.75-25(c)(3): Change ``in the Federal Register'' to ``on the Coast Guard's Maritime Information eXchange Web site at http://cgmix.uscg.mil/equipment'' to reflect the accurate location where the Coast Guard publishes the approval and listing of recognized laboratories. The change updates an outdated location. Section 5.903(b): Change the mailing address to reflect the U.S. Coast Guard Office of Investigations and Analysis as the office for submitting applications. Section 11.329(e): Remove the table in Sec. 11.329(e) that is titled ``Table 1 to Sec. 11.327(d).'').'' The same Table 1 correctly appears in Sec. 11.327(d), but it has been erroneously duplicated in Sec. 11.329(e). Table 1 to Sec. 11.329(e) remains unchanged. Sections 107.111, 114.400(b), 125.160, 159.005-13(a)(4), 175.400: Change the reference to the location where the Coast Guard publishes a listing of current and formerly approved equipment and materials. The change updates an outdated location. Section 113.25-9(a): Change the term ``windless'' to ``windlass.'' The change corrects a typographical error. Sections 117.68(a)(1), 117.68(b)(1), 117.68(c)(2)(ii), 117.68(c)(2)(iii), 117.70(b)(1), 117.70(d)(1), 117.71(c), 180.68(a)(1), 180.68(c)(2)(ii), 180.68(c)(2)(iii), 180.70(b)(1), 180.70(d)(1), 180.71(c), 180.75(a): Add a reference to the relevant approval standard for equipment carried on vessels subject to the International Convention for the Safety of Life at Sea (SOLAS), 1974, as an option for compliance. The SOLAS standards have already routinely been approved by the Coast Guard as an ``other standard specified by the Commandant.'' The change will provide clarity for the regulated public, eliminating duplicative approval requests. Section 162.060-10(b)(1): Change ``manufacturer'' to ``manufacturer or independent laboratory'' to reflect the fact that the independent laboratory is typically the entity that submits requests for approval of alternatives as equivalent to the regulatory requirements. Section 162.060-42(a)(2): Change the reference from ``requirements in paragraph (b) of this section'' to ``requirements in paragraph (a)(1) of this section.'' Section 162.060-42(a)(2) discusses the ability of an independent laboratory to reject a manufacturer's proposed ballast water management system if the system does not meet the requirements listed in another paragraph in that section. Paragraph (b) is an incorrect reference paragraph because it does not list requirements for the manufacturer's system; instead, it is a requirement for the independent laboratory. Paragraph (a)(1) is the correct reference paragraph because it lists the relevant requirements. The change corrects a typographical error. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s. A. Regulatory Planning and Review Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. Because this rule involves non-substantive changes and internal agency practices and procedures, it will not impose any additional costs on the public. The benefit of the non-substantive changes is increased clarity of regulations. B. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules exempt from the notice and comment requirements of the Administrative Procedure Act are not required to examine the impact of the rule on small entities. Nevertheless, 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. There is no cost to this final rule, and we do not expect it will have an impact on small entities because the provisions of this rule are technical and non-substantive. It will have no substantive effect on the public and will impose no additional costs. Therefore, 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. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Mr. Paul Crissy by phone at 202- 372-1093 or via email at Paul.H.Crissy@uscg.mil. The [[Page 62468]] Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). D. 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). E. Federalism A rule has implications for federalism under E.O. 13132 (``Federalism'') if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. F. 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 1 year. Though this final rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. Taking of Private Property This final rule will not cause a taking of private property or otherwise have taking implications under E.O. 12630 (``Governmental Actions and Interference with Constitutionally Protected Property Rights''). H. Civil Justice Reform This final rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988 (``Civil Justice Reform''), to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this final rule under E.O. 13045 (``Protection of Children from Environmental Health Risks and Safety Risks''). This final rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This final rule does not have tribal implications under E.O. 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. K. Energy Effects We have analyzed this final rule under E.O. 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 E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of OMB's 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 E.O. 13211. L. Technical Standards The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the OMB, 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 final rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. M. 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 (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 and figure 2-1, paragraph (34)(a) of the Instruction. This final rule involves amendments to regulations that are editorial or procedural. An environmental analysis checklist and a categorical exclusion determination are available in the docket for this final rule where indicated under ADDRESSES. List of Subjects 46 CFR Part 2 Marine safety, Reporting and recordkeeping requirements, Vessels. 46 CFR Part 5 Administrative practice and procedure, Alcohol abuse, Drug abuse, Investigations, Seamen. 46 CFR Part 11 Penalties, Reporting and recordkeeping requirements, Schools, Seamen. 46 CFR Part 107 Marine safety, Oil and gas exploration, Reporting and recordkeeping requirements, Vessels. 46 CFR Part 113 Communications equipment, Fire prevention, Vessels. 46 CFR Part 114 Marine safety, Passenger vessels, Reporting and recordkeeping requirements. 46 CFR Parts 117 and 180 Marine safety, Passenger vessels. 46 CFR Part 125 Administrative practice and procedure, Cargo vessels, Hazardous materials transportation, Marine safety, Seamen. 46 CFR Part 159 Business and industry, Laboratories, Marine safety, Reporting and recordkeeping requirements. 46 CFR Part 162 Fire prevention, Marine safety, Oil pollution, Reporting and recordkeeping requirements. [[Page 62469]] 46 CFR Part 175 Marine safety, Passenger vessels, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 2, 5, 11, 107, 113, 114, 117, 125, 159, 162, 175, and 180 to read as follows: PART 2--VESSEL INSPECTIONS 0 1. The authority citation for part 2 continues to read as follows: Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, 2110, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(77), (90), (92)(a), (92)(b). Sec. 2.75-25 [Amended] 0 2. In Sec. 2.75-25(c)(3), remove the text ``in the Federal Register'' and add, in its place, the text ``on the Coast Guard's Maritime Information eXchange Web site at http://cgmix.uscg.mil/equipment''. PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION 0 3. The authority citation for part 5 continues to read as follows: Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of Homeland Security Delegation No. 0170.1. 0 4. Revise Sec. 5.903(b) to read as follows: Sec. 5.903 Application procedures. * * * * * (b) The completed application and letter must be addressed to the U.S. Coast Guard Office of Investigations and Analysis, Commandant (CG- INV-1), U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501, and must be delivered in person to the nearest Officer in Charge, Marine Inspection. * * * * * PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS 0 5. 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; E.O. 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. 11.329 [Amended] 0 6. In Sec. 11.329(e), remove Table 1 to Sec. 11.327(d). PART 107--INSPECTION AND CERTIFICATION 0 7. 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. Sec. 107.111 [Amended] 0 8. In Sec. 107.111 in the definition of ``Approval series'' following the text ``A listing of'', remove the text ``approved equipment, including all of the approval series, is published periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 series), available from the Superintendent of Documents.'' and add, in its place, the text ``current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment.''. PART 113--COMMUNICATION AND ALARM SYSTEMS AND EQUIPMENT 0 9. The authority citation for part 113 continues to read as follows: Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security Delegation No. 0170.1. Sec. 113.25-9 [Amended] 0 10. In Sec. 113.25-9(a) following the words ``passageways in cargo areas, steering gear rooms,'' remove the word ``windless'' and add, in its place, the word ``windlass''. PART 114--GENERAL PROVISIONS 0 11. 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 Delegation No. 0170.1; Sec. 114.900 also issued under 44 U.S.C. 3507. Sec. 114.400 [Amended] 0 12. In Sec. 114.400(b), in the definition of ``Approval series'' following the text ``A listing of'', remove the text ``approved equipment, including all of the approval series, is published periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 series), available from the Superintendent of Documents.'' and add, in its place, the text ``current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment.''. PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS 0 13. The authority citation for part 117 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. 117.68 [Amended] 0 14. Amend Sec. 117.68 as follows: 0 a. In paragraphs (a)(1), (b)(1), and (c)(2)(ii) following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.121''; and 0 b. In paragraph (c)(2)(iii), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.122''. Sec. 117.70 [Amended] 0 15. Amend Sec. 117.70 as follows: 0 a. In paragraph (b)(1) following the text ``specified by the Commandant'', add the text ``, including, but not limited to, approval series 160.150''; and 0 b. In paragraph (d)(1) following the text ``specified by the Commandant'', add the text ``, including, but not limited to, approval series 160.110''. Sec. 117.71 [Amended] 0 16. In Sec. 117.71(c), following the text ``specified by the Commandant'', add the text ``, including, but not limited to, approval series 160.155 or 160.176''. PART 125--GENERAL 0 17. The authority citation for part 125 continues to read as follows: Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; sec. 617, Pub. L. 111-281, 124 Stat. 2905; Department of Homeland Security Delegation No. 0170.1. Sec. 125.160 [Amended] 0 18. In Sec. 125.160 in the definition of ``Approval series'' following the text ``A listing of'', remove the text ``approved equipment, including all of the approval series, is published periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 series), available from the Superintendent of Documents.'' and add, in its place, the text ``current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment.''. PART 159--APPROVAL OF EQUIPMENT AND MATERIALS 0 19. The authority citation for part 159 continues to read as follows: [[Page 62470]] Authority: 46 U.S.C. 3306, 3703; 49 CFR 1.45, 1.46; Section 159.001-9 also issued under the authority of 44 U.S.C. 3507. 0 20. Revise Sec. 159.005-13(a)(4) to read as follows: Sec. 159.005-13 Equipment or material: Approval. (a) * * * (4) Publishes a record of the approval in the Coast Guard Maritime Information Exchange (CGMIX). A listing of current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment. * * * * * PART 162--ENGINEERING EQUIPMENT 0 21. The authority citation for part 162 continues to read as follows: Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104, 4302; 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. Sec. 162.060-10 [Amended] 0 22. Sec. 162.060--10(b)(1), after the text ``practicable or applicable, a manufacturer'', add the text ``or independent laboratory''. Sec. 162.060-42 [Amended] 0 23. In Sec. 162.060-42(a)(2) following the text ``requirements in paragraph'', remove the text ``(b)'' and add, in its place, the text ``(a)(1)''. PART 175--GENERAL PROVISIONS 0 24. The authority citation for part 175 continues to read as follows: Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security Delegation No. 0170.1; Sec. 175.900 also issued under 44 U.S.C. 3507. Sec. 175.400 [Amended] 0 25. In Sec. 175.400 in the definition of ``Approval series'' following the text ``A listing of'', remove the text ``approved equipment, including all of the approval series, is published periodically by the Coast Guard in Equipment Lists (COMDTINST M16714.3 series), available from the Superintendent of Documents.'' and add, in its place, the text ``current and formerly approved equipment and materials may be found on the Internet at: http://cgmix.uscg.mil/equipment.''. PART 180--LIFESAVING EQUIPMENT AND ARRANGEMENTS 0 26. The authority citation for part 180 continues to read as follows: Authority: 46 U.S.C. 2104, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Sec. 180.68 [Amended] 0 27. Amend Sec. 180.68 as follows: 0 a. In paragraph (a)(1), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.121''; 0 b. In paragraph (c)(2)(ii), after the text ``specified by the Commandant'', add the text ``, including, but not limited to, approval series 160.121''; and 0 c. In paragraph (c)(2)(iii), after the text ``or other standard specified by the Commandant'', add the text ``, including, but not limited to, approval series 160.122''. Sec. 180.70 [Amended] 0 28. Amend Sec. 180.70 as follows: 0 a. In paragraph (b)(1), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.150''; and 0 b. In paragraph (d)(1), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.110''. Sec. 180.71 [Amended] 0 29. In Sec. 180.71(c), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.155 or 160.176''. Sec. 180.75 [Amended] 0 30. In Sec. 180.75(a), following the text ``specified by the Commandant'' add the text ``, including, but not limited to, approval series 160.112''. Katia Kroutil, Chief, Office of Regulations and Administrative Law, U.S. Coast Guard. [FR Doc. 2015-26119 Filed 10-15-15; 8:45 am] BILLING CODE 9110-04--P
![62466 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations
subject to OMB approval under the various levels of government or between List of Subjects in 40 CFR Part 180
Paperwork Reduction Act (PRA) (44 the Federal Government and Indian
U.S.C. 3501 et seq.), nor does it require tribes. Thus, the Agency has determined Environmental protection,
any special considerations under that Executive Order 13132, entitled Administrative practice and procedure,
Executive Order 12898, entitled ‘‘Federalism’’ (64 FR 43255, August 10, Agricultural commodities, Pesticides
‘‘Federal Actions to Address 1999) and Executive Order 13175, and pests, Reporting and recordkeeping
Environmental Justice in Minority entitled ‘‘Consultation and Coordination requirements.
Populations and Low-Income with Indian Tribal Governments’’ (65 FR Dated: October 7, 2015.
Populations’’ (59 FR 7629, February 16, 67249, November 9, 2000) do not apply Susan Lewis,
1994). to this action. In addition, this action Director, Registration Division, Office of
Since tolerances and exemptions that does not impose any enforceable duty or Pesticide Programs.
are established on the basis of a petition contain any unfunded mandate as
described under Title II of the Unfunded Therefore, 40 CFR chapter I is
under FFDCA section 408(d), such as amended as follows:
the tolerance in this final rule, do not Mandates Reform Act (UMRA) (2 U.S.C.
require the issuance of a proposed rule, 1501 et seq.).
This action does not involve any PART 180—[AMENDED]
the requirements of the Regulatory
technical standards that would require
Flexibility Act (RFA) (5 U.S.C. 601 et ■ 1. The authority citation for part 180
Agency consideration of voluntary
seq.), do not apply. continues to read as follows:
consensus standards pursuant to section
This action directly regulates growers, 12(d) of the National Technology Authority: 21 U.S.C. 321(q), 346a and 371.
food processors, food handlers, and food Transfer and Advancement Act
retailers, not States or tribes, nor does (NTTAA) (15 U.S.C. 272 note). ■ 2. In § 180.940(a), add alphabetically
this action alter the relationships or the inert ingredient ‘‘2-propen-1-
distribution of power and VIII. Congressional Review Act aminium, N,N-dimethyl-N-propenyl-,
responsibilities established by Congress Pursuant to the Congressional Review chloride, homopolymer (CAS No.
in the preemption provisions of FFDCA Act (5 U.S.C. 801 et seq.), EPA will 26062–79–3)’’ to the table to read as
section 408(n)(4). As such, the Agency submit a report containing this rule and follows:
has determined that this action will not other required information to the U.S.
have a substantial direct effect on States Senate, the U.S. House of § 180.940 Tolerance exemptions for active
or tribal governments, on the Representatives, and the Comptroller and inert ingredients for use in
antimicrobial formulations (Food-contact
relationship between the national General of the United States prior to
surface sanitizing solutions).
government and the States or tribal publication of the rule in the Federal
governments, or on the distribution of Register. This action is not a ‘‘major * * * * *
power and responsibilities among the rule’’ as defined by 5 U.S.C. 804(2). (a) * * *
Pesticide chemical CAS Reg. No. Limits
* * * * * * *
2-propen-1-aminium, N,N-dimethyl-N-propenyl-, chloride, 26062–79–3 When ready for use, the end-use concentration is not to ex-
homopolymer. ceed 0.6%.
* * * * * * *
* * * * * regulations throughout Title 46 of the IV. Discussion of the Rule
[FR Doc. 2015–26297 Filed 10–15–15; 8:45 am] Code of Federal Regulations. This rule V. Regulatory Analyses
BILLING CODE 6560–50–P will have no substantive effect on the A. Regulatory Planning and Review
B. Small Entities
regulated public.
C. Assistance for Small Entities
DATES: This final rule is effective D. Collection of Information
DEPARTMENT OF HOMELAND October 16, 2015. E. Federalism
SECURITY ADDRESSES: Documents mentioned in F. Unfunded Mandates Reform Act
this preamble as being available in the G. Taking of Private Property
Coast Guard docket are part of docket USCG–2015– H. Civil Justice Reform
I. Protection of Children
0867, which is available at http:// J. Indian Tribal Governments
46 CFR Parts 2, 5, 11, 107, 113, 114, regulations.gov.
117, 125, 159, 162, 175, and 180 K. Energy Effects
FOR FURTHER INFORMATION CONTACT: If L. Technical Standards
[Docket No. USCG–2015–0867] you have questions on this final rule, M. Environment
Shipping; Technical, Organizational, call or email Mr. Paul Crissy, Coast I. Abbreviations
asabaliauskas on DSK5VPTVN1PROD with RULES
and Conforming Amendments Guard; telephone 202–372–1093, email
CFR Code of Federal Regulations
Paul.H.Crissy@uscg.mil.
DHS Department of Homeland Security
AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: E.O. Executive Order
ACTION: Final rule. FR Federal Register
Table of Contents for Preamble
OMB Office of Management and Budget
SUMMARY: This final rule makes non- I. Abbreviations Pub. L. Public Law
substantive technical, organizational, II. Regulatory History § Section symbol
and conforming amendments to existing III. Basis and Purpose U.S.C. United States Code
VerDate Sep<11>2014 16:45 Oct 15, 2015 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/80_FR_62666/page/1.svg)
![Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations 62469
46 CFR Part 175 PART 107—INSPECTION AND PART 117—LIFESAVING EQUIPMENT
Marine safety, Passenger vessels, CERTIFICATION AND ARRANGEMENTS
Reporting and recordkeeping ■ 13. The authority citation for part 117
requirements. ■ 7. The authority citation for part 107
continues to read as follows: continues to read as follows:
For the reasons discussed in the
preamble, the Coast Guard amends 46 Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, Authority: 46 U.S.C. 2103, 3306; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
CFR parts 2, 5, 11, 107, 113, 114, 117, 3307; 46 U.S.C. 3316; Department of
277; Department of Homeland Security
125, 159, 162, 175, and 180 to read as Homeland Security Delegation No. 0170.1; Delegation No. 0170.1.
follows: § 107.05 also issued under the authority of 44
U.S.C. 3507. § 117.68 [Amended]
PART 2—VESSEL INSPECTIONS
§ 107.111 [Amended] ■ 14. Amend § 117.68 as follows:
■ 1. The authority citation for part 2 ■ a. In paragraphs (a)(1), (b)(1), and
continues to read as follows: ■ 8. In § 107.111 in the definition of (c)(2)(ii) following the text ‘‘specified by
‘‘Approval series’’ following the text ‘‘A the Commandant’’ add the text ‘‘,
Authority: Sec. 622, Pub. L. 111–281; 33 listing of’’, remove the text ‘‘approved including, but not limited to, approval
U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103,
equipment, including all of the approval series 160.121’’; and
2110, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1–105; series, is published periodically by the ■ b. In paragraph (c)(2)(iii), following
Department of Homeland Security Delegation Coast Guard in Equipment Lists the text ‘‘specified by the Commandant’’
No. 0170.1(II)(77), (90), (92)(a), (92)(b). (COMDTINST M16714.3 series), add the text ‘‘, including, but not
available from the Superintendent of limited to, approval series 160.122’’.
§ 2.75–25 [Amended] Documents.’’ and add, in its place, the
text ‘‘current and formerly approved § 117.70 [Amended]
■ 2. In § 2.75–25(c)(3), remove the text
‘‘in the Federal Register’’ and add, in its equipment and materials may be found ■ 15. Amend § 117.70 as follows:
place, the text ‘‘on the Coast Guard’s on the Internet at: http://cgmix.uscg.mil/ ■ a. In paragraph (b)(1) following the
Maritime Information eXchange Web equipment.’’. text ‘‘specified by the Commandant’’,
site at http://cgmix.uscg.mil/ add the text ‘‘, including, but not
equipment’’. PART 113—COMMUNICATION AND limited to, approval series 160.150’’;
ALARM SYSTEMS AND EQUIPMENT and
PART 5—MARINE INVESTIGATION ■ b. In paragraph (d)(1) following the
REGULATIONS—PERSONNEL ACTION ■ 9. The authority citation for part 113 text ‘‘specified by the Commandant’’,
continues to read as follows: add the text ‘‘, including, but not
■ 3. The authority citation for part 5 Authority: 46 U.S.C. 3306, 3703; limited to, approval series 160.110’’.
continues to read as follows: Department of Homeland Security Delegation § 117.71 [Amended]
Authority: 46 U.S.C. 2103, 7101, 7301, No. 0170.1.
7701; Department of Homeland Security ■ 16. In § 117.71(c), following the text
Delegation No. 0170.1. § 113.25–9 [Amended] ‘‘specified by the Commandant’’, add
the text ‘‘, including, but not limited to,
■ 4. Revise § 5.903(b) to read as follows: ■ 10. In § 113.25–9(a) following the approval series 160.155 or 160.176’’.
words ‘‘passageways in cargo areas,
§ 5.903 Application procedures. steering gear rooms,’’ remove the word PART 125—GENERAL
* * * * * ‘‘windless’’ and add, in its place, the
(b) The completed application and word ‘‘windlass’’. ■ 17. The authority citation for part 125
letter must be addressed to the U.S. continues to read as follows:
Coast Guard Office of Investigations and PART 114—GENERAL PROVISIONS
Authority: 46 U.S.C. 2103, 3306, 3307; 49
Analysis, Commandant (CG–INV–1), U.S.C. App. 1804; sec. 617, Pub. L. 111–281,
U.S. Coast Guard Stop 7501, 2703 ■ 11. The authority citation for part 114 124 Stat. 2905; Department of Homeland
Martin Luther King Jr. Avenue SE., continues to read as follows: Security Delegation No. 0170.1.
Washington, DC 20593–7501, and must Authority: 46 U.S.C. 2103, 3306, 3703;
be delivered in person to the nearest § 125.160 [Amended]
Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C.
Officer in Charge, Marine Inspection. App. 1804; Department of Homeland ■ 18. In § 125.160 in the definition of
* * * * * Security Delegation No. 0170.1; § 114.900 ‘‘Approval series’’ following the text ‘‘A
also issued under 44 U.S.C. 3507. listing of’’, remove the text ‘‘approved
PART 11—REQUIREMENTS FOR equipment, including all of the approval
OFFICER ENDORSEMENTS § 114.400 [Amended] series, is published periodically by the
Coast Guard in Equipment Lists
■ 5. The authority citation for part 11 ■ 12. In § 114.400(b), in the definition of (COMDTINST M16714.3 series),
continues to read as follows: ‘‘Approval series’’ following the text ‘‘A available from the Superintendent of
listing of’’, remove the text ‘‘approved Documents.’’ and add, in its place, the
Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
equipment, including all of the approval text ‘‘current and formerly approved
chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, series, is published periodically by the equipment and materials may be found
asabaliauskas on DSK5VPTVN1PROD with RULES
and 70105; E.O. 10173; Department of Coast Guard in Equipment Lists on the Internet at: http://cgmix.uscg.mil/
Homeland Security Delegation No. 0170.1. (COMDTINST M16714.3 series), equipment.’’.
Section 11.107 is also issued under the available from the Superintendent of
authority of 44 U.S.C. 3507. Documents.’’ and add, in its place, the PART 159—APPROVAL OF
text ‘‘current and formerly approved EQUIPMENT AND MATERIALS
§ 11.329 [Amended]
equipment and materials may be found
■ 6. In § 11.329(e), remove Table 1 to on the Internet at: http://cgmix.uscg.mil/ ■ 19. The authority citation for part 159
§ 11.327(d). equipment.’’. continues to read as follows:
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![62470 Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations
Authority: 46 U.S.C. 3306, 3703; 49 CFR PART 180—LIFESAVING EQUIPMENT SUMMARY: In this document the Federal
1.45, 1.46; Section 159.001–9 also issued AND ARRANGEMENTS Communications Commission (FCC or
under the authority of 44 U.S.C. 3507. Commission) adopts rules to promote
■ 26. The authority citation for part 180 continued access to 911 during
■ 20. Revise § 159.005–13(a)(4) to read continues to read as follows: commercial power outages by requiring
as follows: providers of facilities-based, fixed
Authority: 46 U.S.C. 2104, 3306; E.O.
§ 159.005–13 Equipment or material: 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. residential voice services, which are not
Approval. 277; Department of Homeland Security line powered, to offer subscribers the
Delegation No. 0170.1. option to purchase a backup solution
(a) * * * capable of 8 hours of standby power,
§ 180.68 [Amended]
(4) Publishes a record of the approval and within three years, an additional
in the Coast Guard Maritime ■ 27. Amend § 180.68 as follows: solution capable of 24 hours of standby
Information Exchange (CGMIX). A ■ a. In paragraph (a)(1), following the power. The item also promotes
listing of current and formerly approved text ‘‘specified by the Commandant’’ consumer education and choice by
equipment and materials may be found add the text ‘‘, including, but not requiring providers of covered services
on the Internet at: http://cgmix.uscg.mil/ limited to, approval series 160.121’’; to disclose to subscribers the following
equipment. ■ b. In paragraph (c)(2)(ii), after the text information: availability of backup
‘‘specified by the Commandant’’, add power sources; service limitations with
* * * * * the text ‘‘, including, but not limited to, and without backup power during a
PART 162—ENGINEERING approval series 160.121’’; and power outage; purchase and
■ c. In paragraph (c)(2)(iii), after the text
EQUIPMENT replacement options; expected backup
‘‘or other standard specified by the power duration;) proper usage and
Commandant’’, add the text ‘‘, storage conditions for the backup power
■ 21. The authority citation for part 162 including, but not limited to, approval
continues to read as follows: source; subscriber backup power self-
series 160.122’’. testing and monitoring instructions; and
Authority: 33 U.S.C. 1321(j), 1903; 46
§ 180.70 [Amended] backup power warranty details, if any.
U.S.C. 3306, 3703, 4104, 4302; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. DATES: Effective dates: This rule is
■ 28. Amend § 180.70 as follows:
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. ■ a. In paragraph (b)(1), following the effective October 16, 2015, except for
351; Department of Homeland Security text ‘‘specified by the Commandant’’ § 12.5(b)(1), which is effective February
Delegation No. 0170.1. add the text ‘‘, including, but not 16, 2016; § 12.5(b)(2), which is effective
limited to, approval series 160.150’’; February 13, 2019; and § 12.5(d), which
§ 162.060–10 [Amended] is effective 120 days after date the
and
■ b. In paragraph (d)(1), following the Commission announces approval from
■ 22. § 162.060—10(b)(1), after the text the Office of Management and Budget.
‘‘practicable or applicable, a text ‘‘specified by the Commandant’’
add the text ‘‘, including, but not The Commission will announce the
manufacturer’’, add the text ‘‘or effective date for § 12.5(d) with a
independent laboratory’’. limited to, approval series 160.110’’.
document in the Federal Register.
§ 162.060–42 [Amended] § 180.71 [Amended] Compliance dates: Section 12.5(b)(1),
■ 29. In § 180.71(c), following the text for providers with fewer than 100,000
■ 23. In § 162.060–42(a)(2) following the domestic retail subscriber lines on
‘‘specified by the Commandant’’ add the
text ‘‘requirements in paragraph’’, August 11, 2016; and § 12.5(d), for
text ‘‘, including, but not limited to,
remove the text ‘‘(b)’’ and add, in its providers with fewer than 100,000
approval series 160.155 or 160.176’’.
place, the text ‘‘(a)(1)’’. domestic retail subscriber lines 300 days
§ 180.75 [Amended] after date the Commission announces
PART 175—GENERAL PROVISIONS approval from the Office of Management
■ 30. In § 180.75(a), following the text
‘‘specified by the Commandant’’ add the and Budget. The Commission will
■ 24. The authority citation for part 175 text ‘‘, including, but not limited to, announce the compliance date for
continues to read as follows: approval series 160.112’’. § 12.5(d) with a document in the
Authority: 46 U.S.C. 2103, 3205, 3306, Federal Register.
3703; Pub. L. 103–206, 107 Stat. 2439; 49 Katia Kroutil,
FOR FURTHER INFORMATION CONTACT:
U.S.C. App. 1804; Department of Homeland Chief, Office of Regulations and Public Safety and Homeland Security
Security Delegation No. 0170.1; § 175.900 Administrative Law, U.S. Coast Guard. Bureau, Linda M. Pintro, at (202) 418–
also issued under 44 U.S.C. 3507. [FR Doc. 2015–26119 Filed 10–15–15; 8:45 am] 7490 or linda.pintro@fcc.gov. For
§ 175.400 [Amended]
BILLING CODE 9110–04––P additional information concerning the
Paperwork Reduction Act information
■ 25. In § 175.400 in the definition of collection requirements contained in
‘‘Approval series’’ following the text ‘‘A FEDERAL COMMUNICATIONS this document, contact Nicole Ongele at
listing of’’, remove the text ‘‘approved COMMISSION (202) 418–2991 or send an email to
equipment, including all of the approval PRA@fcc.gov.
series, is published periodically by the 47 CFR Part 12 SUPPLEMENTARY INFORMATION: This is a
asabaliauskas on DSK5VPTVN1PROD with RULES
Coast Guard in Equipment Lists [PS Docket No. 14–174; FCC 15–98] summary of the Commission’s Report
(COMDTINST M16714.3 series), and Order (R&O) in PS Docket No. 14–
available from the Superintendent of Ensuring Continuity of 911 174, released on August 7, 2015. The
Documents.’’ and add, in its place, the Communications full text of this document is available for
text ‘‘current and formerly approved AGENCY: Federal Communications public inspection during regular
equipment and materials may be found Commission. business hours in the FCC Reference
on the Internet at: http://cgmix.uscg.mil/ Center, Room CY–A257, 445 12th Street
ACTION: Final rule.
equipment.’’. SW., Washington, DC 20554, or online
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Document Created: 2015-12-14 15:23:42
Document Modified: 2015-12-14 15:23:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 16, 2015. | |
| Contact | If you have questions on this final rule, call or email Mr. Paul Crissy, Coast Guard; telephone 202-372- 1093, email [email protected] | |
| FR Citation | 80 FR 62466 | |
| CFR Citation | 46
CFR
107 46 CFR 113 46 CFR 114 46 CFR 117 46 CFR 11 46 CFR 125 46 CFR 159 46 CFR 162 46 CFR 175 46 CFR 180 46 CFR 2 46 CFR 5 | |
| CFR Associated | Oil and Gas Exploration; Penalties; Schools; Communications Equipment; Fire Prevention; Passenger Vessels; Marine Safety; Reporting and Recordkeeping Requirements; Vessels; Cargo Vessels; Hazardous Materials Transportation; Oil Pollution; Administrative Practice and Procedure; Alcohol Abuse; Drug Abuse; Investigations; Seamen; Business and Industry and Laboratories |
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