Technical Amendments; Organizational Changes; Miscellaneous Editorial Changes and Conforming Amendments
This rule makes editorial and technical changes throughout Title 33 of the Code of Federal Regulations (CFR) to update the title before it is recodified on July 1, 2000. It corr...
This rule makes editorial and technical changes throughout Title 33 of the Code of Federal Regulations (CFR) to update the title before it is recodified on July 1, 2000. It corrects addresses, updates cross-references, makes conforming amendments, and makes other technical corrections. This rule will have no substantive effect on the regulated public.
DATES:
This final rule is effective June 30, 2000.
ADDRESSES:
Documents as indicated in this preamble are available for inspection or copying at the Docket Management Facility, [USCG-2000-7223], U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC, 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
For questions on this rule, contact Ms. Janet Walton, Project Manager, Standards Evaluation and Development Division (G-MSR-2), Coast Guard, telephone 202-267-0257. For questions on viewing, or submitting material to, the docket, contact Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Discussion of the Rule
Each year Title 33 of the Code of Federal Regulations is recodified on July 1. This rule makes editorial changes throughout the title, corrects addresses, updates cross-references, and makes other technical and editorial corrections to be included in the recodification. Some editorial changes are discussed individually in the following paragraphs. This rule does not change any substantive requirements of existing regulations.
We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. This rule consists only of corrections and editorial and conforming amendments to Title 33 of the Code of Federal Regulations. These changes will have no substantive effect on the public and publishing an NPRM and providing an opportunity for public comment is
( printed page 40053)
unnecessary. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the
Federal Register
.
Section 20.304
The Coast Guard published an Interim Rule, Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard, on May 24, 1999 [USCG-1998-3472] [64 FR 28054]. We published a correction to the Interim Rule, on June 28, 1999, that corrected Table 20.304(D)—How To Serve Filed Documents. With the publication of the July 1, 1999, codification of 33 CFR, we discovered that the table was still printed incorrectly. This rulemaking sets out the table the way it was intended.
Sections 127.611, 127.1511, 154.500, Appendix A, B, and C to Part 154, and Sections 183.114, and 183.516
On December 1, 1999, the Coast Guard published a Direct Final Rule, Update of Standards from the American Society for Testing and Materials (ASTM) [USCG-1999-5151] [64 FR 67170]. On March 1, 2000, we published a confirmation of effective date for the rule [65 FR 10943]. Because we did not change the sections in the CFR where the standard numbers did not contain a year date, we are now adding a cross-reference back to the Incorporation by reference section in each part for each of the sections listed.
Section 151.19
The Frequency of Inspection Final Rule [USCG-1999-4976], published on February 9, 2000 (65 FR 6494), established a 5-year Certificate of Inspection cycle to harmonize the Coast Guard's inspections with internationally required certificates. We published the final rule to establish the frequency of inspection requirements to meet the International Convention for the Safety of Life at Sea, 1974, and the International Convention on Load Line compliance date of February 3, 2000. This rule changes section 151.19 to conform to the February final rule.
Section 153.205
This rule updates the addresses and telephone numbers in Table 1, Addresses and Telephone Numbers of Coast Guard District Offices and EPA Regional Offices.
Section 154.1035
This rule sets out paragraph (e)(3)(iii) with the correct location of the words “classified” and “classification”. The words are reversed in the current codification.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. As this rule involves internal agency practices and procedures, it will not impose any costs on the public.
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).
Federalism
We have analyzed this rule under E.O. 13132 and have determined that this rule does not have implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal Government's having first provided the funds to pay those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This 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.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children.
Environment
We considered the environmental impact of this rule and concluded that, under figure 2-1, paragraph (34)(a) and (b) of Commandant Instruction M16475.lC, this rule is categorically excluded from further environmental documentation. This exclusion is in accordance with paragraphs (34)(a) and (b), concerning regulations that are editorial or procedural and concerning internal agency functions or organization. A “Categorical Exclusion Determination” is available in the docket where indicated under
ADDRESSES.
2. In § 1.07-10, in paragraph (a), add after the word “Commander” and before the word “in” the words “or other designated official”; and revise paragraph (b) to read as follows:
(b) Reports of any investigation conducted by the Coast Guard or received from any other agency which indicate that a violation may have occurred may be forwarded to a District Commander or other designated official for further action. This is normally the District Commander of the District in which the violation is believed to have occurred, or the District in which the reporting unit or agency is found. The report is reviewed to determine if there is sufficient evidence to establish a
prima facie
case. If there is insufficient evidence, the case is either returned for further investigation or closed if further action is unwarranted. The case is closed in situations in which the investigation has established that a violation did not occur, the violator is unknown, or there is little likelihood of discovering additional relevant facts. If it is determined that a
prima facie
case does exist, a case file is prepared and forwarded to the Hearing Officer, with a recommended action. A record of any prior violations by the same person or entity, is forwarded with the case file.
PART 3—COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND CAPTAIN OF THE PORT ZONES
3. The authority citation for part 3 continues to read as follows:
4. In § 3.05-35(b), remove the words “thence proceeds along a line northwesterly to 40°40′ N. latitude, 73°40′ W. longitude” and add, in their place, the words “thence proceeds along a line northeasterly to 40°40′ N. latitude, 73°40′ W. longitude”.
PART 20—RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD
5. The authority citation for part 20 continues to read as follows:
8. In § 62.65(c)(1), remove the words “listed in Chapter five, Section 500D of Radio Navigational Aids Publication, 117A and 117B” and add, in their place, the words “listed in Chapter four of Radio Navigation Aids Publication, 117”; remove paragraph (c)(2); and redesignate paragraph (c)(3) as (c)(2).
PART 66—PRIVATE AIDS TO NAVIGATION
9. The authority citation for part 66 continues to read as follows:
(b) Notices to Mariners which concern the establishment, disestablishment, or change of State aids to navigation, including regulatory markers, may be published whenever the aids to navigation concerned are covered by navigational charts or maps issued by the U.S. Coast and Geodetic Survey or the U.S. Army Corps of Engineers.
PART 67—AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED STRUCTURES
11. The authority citation for part 67 continues to read as follows:
12. In § 67.50-25(e), remove the words “328 Custom House Building, New Orleans, Louisiana 70130” and add, in their place, the words “Hale Boggs Federal Building, 500 Camp Street, New Orleans, LA 70130-3396”.
PART 70—INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION
13. The authority citation for part 70 continues to read as follows:
16. In § 74.20-1(a), remove the words “COMDTNOTE 7310 (series) which is available at the Office of the Comptroller” and add, in their place the words “COMDTINST 7310 (series) which is available from the District Budget Office”.
PART 80—COLREGS DEMARCATION LINES
17. The authority citation for part 80 continues to read as follows:
Fireworks displays within the First Coast Guard District.
(a) * * *
Fireworks Display Table
* * * * * * *
Massachusetts:
6.6
Thursday prior to July 4th
Name: Boston Harborfest Fireworks.
Sponsor: Harborfest Committee.
Time: 9:30 p.m. to 10.30 p.m.
Location: Just Off Coast Guard Base, Boston Harbor, MA 42°22′53″ N/71°02′ 56″W (NAD 1983).
* * * * * * *
Maine:
7.51
Third Saturday in July
Name: Belfast Fireworks.
Sponsor: Belfast Bay Festival Committee.
Time: 8:00 p.m. to 10:00 p.m.
Location: Belfast Bay, ME.
* * * * * * *
Maine:
8.12
A night during Labor day weekend
Name: Camden Fireworks Display.
Sponsor: Town of Camden Chamber of Commerce.
Time: 8:00 p.m. to 10:00 p.m.
Location: Camden Harbor, Camden, ME.
* * * * * * *
New York:
9.8
A night during the last two weekends in September
Name: Cow Harbor Day Fireworks.
Sponsor: Village of Northport Harbor.
Time: 8:00 p.m. to 10.00 p.m.
Location: Sand Pit, Northport Harbor, Northport, NY.
( printed page 40056)
* * * * * * *
Massachusetts:
10.2
A night during the second weekend of October
Name: Yarmouth Seaside Festival Fireworks.
Sponsor: Yarmouth Seaside Festival.
Time: 8:00 p.m. to 9:00 p.m.
Location: Seagull Beach, W. Yarmouth, MA 41°38′06″ N/070°13′ 13″W (NAD 1983).
26. In § 100.518(a)(2), remove the word “Group” and add, in its place, the words “Coast Guard Activities”.
27. In § 100.901(e), in Table 1, under the “Group Detroit, MI” remove the entry for Flatsfest, and add, in alphabetical order, an entry for “Parade of Lights” to read as follows:
35. In § 117.465(e), remove the words “The draws of the S649 bridge, mile 66.1, and the new S649 bridge, mile 66.6” and add, in their place, the words “ The draw of the S649 bridge, mile 66.6”.
The draw of the Washington State Parks and Recreation Commission bridge across the South Fork Willapa River, mile 0.3, at Raymond, shall open on signal if at least 24 hours notice is given.
PART 118—BRIDGE LIGHTING AND OTHER SIGNALS
43. The authority citation for part 118 continues to read as follows:
44. In § 118.3(b), remove the words “Office of the Federal Register, Washington, DC 20408 and at U.S. Coast Guard, Room 1410, 2100 Second Street,
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SW., Washington, DC 20593” and add, in their place, the words “Office of the Federal Register, 800 North Capitol Street NW., suite 700, Washington, DC 20408 and at U.S. Coast Guard Headquarters, Office of Bridge Administration (G-OPT), room 3500, 2100 Second Street SW., Washington, DC 20593-0001”.
PART 127—WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND LIQUEFIED HAZARDOUS GAS
45. The authority citation for part 127 continues to read as follows:
International Oil Pollution Prevention (IOPP) Certificates.
* * * * *
(e) The IOPP Certificate for each U.S. inspected ship is valid for a period not to exceed five years from the date of issue, and for each U.S. uninspected ship the IOPP Certificate is valid for a period not to exceed five years from the date of issue, except as follows—
* * * * *
PART 153—CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL
52. Revise the authority citation for part 153 to read as follows:
Specific requirements for facilities that could reasonably be expected to cause significant and substantial harm to the environment.
* * * * *
(e) * * *
(3) * * *
(iii) * * *
For oil spill removal organization(s) classified by the Coast Guard, the classification must be noted in this section of the plan. * * *
* * * * *
Appendix A to Part 154 [Amended]
57. In Appendix A to part 154—
a. In paragraph 7.1, remove the words “ASTM F1155” and add, in their place, the words “ASTM F 1155 (incorporated by reference, see § 154.106)”;
b. In paragraph 8.4, remove the words “ASTM F722” and add, in their place, the words “ASTM F 722 (incorporated by reference, see § 154.106)” and remove the words “ASTM F1155” and add, in their place, the words “ASTM F 1155 (incorporated by reference, see § 154.106)”; and
c. In paragraph 8.6, remove the words “ASTM F722” and add, in their place, the words “ASTM F 722 (incorporated by reference, see § 154.106)”.
Appendix B to Part 154 [Amended]
58. In Appendix B to part 154—
a. In paragraph 7.1, remove the words “ASTM F1155” and add, in their place, the words “ASTM F 1155 (incorporated by reference, see § 154.106)”;
b. In paragraph 8.4, remove the words “ASTM F722” and add, in their place, the words “ASTM F 722 (incorporated by reference, see § 154.106)” and remove the words “ASTM F1155” and add, in their place, the words “ASTM F 1155 (incorporated by reference, see § 154.106)”; and
c. In paragraph 8.6, remove the words “ASTM F722” and add, in their place, the words “ASTM F 722 (incorporated by reference, see § 154.106)”.
Appendix C to Part 154 [Amended]
59. In Appendix C to part 154—
a. In paragraph 2.3.1, remove the words “ASTM F 715” and add, in their place, the words “ASTM F 715 (incorporated by reference, see § 154.106)”; and
b. In paragraph 6.3, remove the words “ASTM F 631” and add, in their place, the words “ASTM F 631 (incorporated by reference, see § 154.106)”.
PART 157—RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK
60. The authority citation for part 157 continues to read as follows:
67. In § 162.65(b)(2)(iv) and (b)(6), remove the words “Inland Rules and the Pilot Rules for Inland Waters” and add, in their place, the words “Navigation Rules, International-Inland, Commandant Instruction M16672.2 (series)”.
68. In § 162.75(b)(3)(iii) and (b)(7), remove the words “Inland Rules and the Pilot Rules for Inland Waters” and add, in their place, the words “Navigation Rules, International-Inland, Commandant Instruction M16672.2 (series)”.
PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
69. The authority citation for part 165 continues to read as follows:
71. In § 165.514(a), remove the words “Bogue Sound-New River Light 58” and add, in their place, the words “Bogue Sound-New River Daybeacon 58”; and in paragraph (d), remove the words “or (910) 815-4895”.
Snake Island, Texas City, Texas; mooring and fleeting of vessels-safety zone.
* * * * *
(d) In an emergency, vessels shall advise the Captain of the Port, Houston-
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Galveston, of the nature of the emergency via the most rapid means available.
74. In addition to the amendments set for above, in 33 CFR part 165, remove the number “(910) 343-4895” and add, in its place, the number “1-800-325-4956” in the following sections:
(a) Section 165.515(c); and
(b) Section 165.530(b)(1).
PART 181—MANUFACTURER REQUIREMENTS
75. The authority citation for part 181 continues to read as follows:
79. In § 183.114, in paragraphs (b), (c), (d), and (e), remove the words “ASTM D-471” and add, in their place, the words “ASTM D 471 (incorporated by reference, see § 183.5)”; and in paragraph (h), remove the words “ASTM D-2842” and add, in their place, the words “ASTM D 2842 (incorporated by reference, see § 183.5)”.
a. In paragraphs (a)(1)(i) and (ii), remove the words “ASTM D-471” and add, in their place, the words “ASTM D 471 (incorporated by reference, see § 183.5)”;
b. In paragraph (b), remove the words “ASTM D-1621” and add, in their place, the words “ASTM D 1621 (incorporated by reference, see § 183.5)”; and
c. In paragraph (c), remove the words “ASTM D-1622” and add, in their place, the words “ASTM D 1622 (incorporated by reference, see § 183.5)”.
81. In § 183.607, in paragraph (a) introductory text, remove the words “Room 4210, 2100 Second Street, SW., Washington, DC 20593” and add, in their place, the words “2100 Second Street, SW., Washington, DC 20593-0001”; and revise paragraphs (a)(2) and (3) to read as follows: