Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, 39206-39211 [E6-10890]
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39206
Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
2. Amend § 4281.14 by revising
paragraphs (c)(1), (c)(2), (d)(1), (d)(2),
and (e) to read as follows:
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§ 4281.14
Mortality assumptions.
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(c) Mortality rates for healthy lives.
* * *
(1) For male participants, the rates in
Table 1 of Appendix A to part 4044 of
this chapter projected from 1994 to the
calendar year in which the valuation
date occurs plus 10 years using Scale
AA from Table 2 of Appendix A to part
4044 of this chapter; and
(2) For female participants, the rates
in Table 3 of Appendix A to part 4044
of this chapter projected from 1994 to
the calendar year in which the valuation
date occurs plus 10 years using Scale
AA from Table 4 of Appendix A part
4044 of this chapter.
(d) Mortality rates for disabled lives
(other than Social Security disability).
* * *
(1) For male participants, the lesser
of—
(i) The rate determined from Table 1
of Appendix A to part 4044 of this
chapter projected from 1994 to the
calendar year in which the valuation
date occurs plus 10 years using Scale
AA from Table 2 of Appendix A to part
4044 of this chapter and setting the
resulting table forward three years, or
(ii) The rate in Table 5 of Appendix
A to part 4044 of this chapter.
(2) For female participants, the lesser
of—
(i) The rate determined from Table 3
of Appendix A to part 4044 of this
chapter projected from 1994 to the
calendar year in which the valuation
date occurs plus 10 years using Scale
AA from Table 4 of Appendix A to part
4044 of this chapter and setting the
resulting table forward three years, or
(ii) The rate in Table 6 of Appendix
A to part 4044 of this chapter.
(e) Mortality rates for disabled lives
(Social Security disability). The
mortality rates applicable to annuities in
pay status on the valuation date that are
being received as disability benefits and
for which either eligibility for, or receipt
of, Social Security disability benefits is
a prerequisite, are—
(1) For male participants, the rates in
Table 5 of Appendix A to part 4044 of
this chapter; and
(2) For female participants, the rates
in Table 6 of Appendix A to part 4044
of this chapter.
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Issued in Washington, DC, this 6th day of
July, 2006.
Vincent K. Snowbarger,
Acting Executive Director, Pension Benefit
Guaranty Corporation.
[FR Doc. E6–10919 Filed 7–11–06; 8:45 am]
BILLING CODE 7709–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 1, 64, 72, 81, 89, 100, 101,
104, 120, 135, 146, 148, 151, 153, 154,
155, 156, 157, 160, 164, and 165
[USCG–2006–25150]
RIN 1625–ZA08
Navigation and Navigable Waters;
Technical, Organizational, and
Conforming Amendments
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
This rule makes nonsubstantive changes throughout Title 33
of the Code of Federal Regulations. The
purpose of this rule is to make
conforming amendments and technical
corrections to Coast Guard navigation
and navigable water regulations. This
rule will have no substantive effect on
the regulated public.
DATES: This final rule is effective July
12, 2006.
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–2006–25150 and are
available for inspection or copying at
the Docket Management Facility, U.S.
Department of Transportation, room PL–
401, 400 Seventh Street, SW.,
Washington, DC, 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.
SUMMARY:
If
you have questions on this rule, call Mr.
Ray Davis, Coast Guard, telephone 202–
372–1461. If you have questions on
viewing the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Regulatory History
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C.
553(b)(A) and (b)(B), the Coast Guard
finds that this rule is exempt from
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notice and comment rulemaking
requirements because these changes
involve agency organization and
practices, and good cause exists for not
publishing an NPRM for all revisions in
the rule because they are all nonsubstantive changes. This rule consists
only of corrections and editorial,
organizational, and conforming
amendments. These changes will have
no substantive effect on the public;
therefore, it is unnecessary to publish an
NPRM. Under 5 U.S.C. 553(d)(3), the
Coast Guard finds that, for the same
reasons, good cause exists for making
this rule effective less than 30 days after
publication in the Federal Register.
Background and Purpose
Each year Title 33 of the Code of
Federal Regulations is updated on July
1. This rule, which becomes effective
July 12, 2006, makes other technical and
editorial corrections throughout Title
33. This rule does not create any
substantive requirements.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. As this rule
involves internal agency practices and
procedures and non-substantive
changes, it will not impose any costs on
the public.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. This
rule does not require a general NPRM
and, therefore, is exempt from the
requirements of the Regulatory
Flexibility Act. Although this rule is
exempt, we have reviewed it for
potential economic impact on small
entities.
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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
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.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in an
expenditure of this magnitude, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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.
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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
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responsibilities between the Federal
Government and Indian tribes.
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.
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.
39207
List of Subjects
33 CFR Part 1
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Penalties.
33 CFR Part 64
Navigation (water), Reporting and
recordkeeping requirements.
33 CFR Part 72
Government publications, Navigation
(water).
33 CFR Part 81
Navigation (water), Reporting and
recordkeeping requirements, Treaties.
33 CFR Part 89
Navigation (water), Reporting and
recordkeeping requirements,
Waterways.
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 101
Harbors, Maritime security, Reporting
and recordkeeping requirements,
Security measures, Vessels, Waterways.
33 CFR Part 104
Maritime security, Reporting and
recordkeeping requirements, Security
measures, Vessels.
33 CFR Part 120
Passenger vessels, Reporting and
recordkeeping requirements, Security
measures, Terrorism.
Environment
33 CFR Part 135
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(a) and (b), of
the Instruction from further
environmental documentation because
this rule involves editorial, procedural,
and internal agency functions. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
Administrative practice and
procedure, Continental shelf, Insurance,
Oil pollution, Reporting and
recordkeeping requirements.
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33 CFR Part 146
Continental shelf, Marine safety,
Occupational safety and health,
Reporting and recordkeeping
requirements, Vessels.
33 CFR Part 148
Administrative practice and
procedure, Environmental protection,
Harbors, Petroleum.
33 CFR Part 151
Administrative practice and
procedure, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Water pollution control.
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
33 CFR Part 153
Hazardous substances, Oil pollution,
Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 154
Alaska, Fire prevention, Hazardous
substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 155
PART 64—MARKING OF
STRUCTURES, SUNKEN VESSELS
AND OTHER OBSTRUCTIONS
3. The authority citation for part 64
continues to read as follows:
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Authority: 14 U.S.C. 633; 33 U.S.C. 409,
1231; 42 U.S.C. 9118; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 0170.
§ 64.11
PART 89—INLAND NAVIGATION
RULES: IMPLEMENTING RULES
12. The authority citation for part 89
continues to read as follows:
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Authority: 33 U.S.C. 2071; 49 CFR
1.46(n)(14).
13. Revise the last sentence of § 89.3
to read as follows:
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§ 89.3
[Amended]
General.
33 CFR Part 156
PART 72—MARINE INFORMATION
* * * The information collection and
recordkeeping requirements in §§ 89.5
and 89.18 have been approved by the
Office of Management and Budget under
OMB control No. 1625–0019.
Hazardous substances, Oil pollution,
Reporting and recordkeeping
requirements, Water pollution control.
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5. The authority citation for part 72
continues to read as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
Authority: 14 U.S.C. 85, 633; 43 U.S.C.
1333; Department of Homeland Security
Delegation No. 0170.1.
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Alaska, Hazardous substances, Oil
pollution, Reporting and recordkeeping
requirements.
33 CFR Part 157
Cargo vessels, Oil pollution,
Reporting and recordkeeping
requirements.
4. At the end of the section, remove
the Note.
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§ 72.01–25
33 CFR Part 160
Administrative practice and
procedure, Harbors, Hazardous
materials transportation, Marine safety,
Navigation (water), Reporting and
recordkeeping requirements, Vessels,
Waterways.
33 CFR Part 164
[Amended]
I 6. In § 72.01–25, paragraph (b),
remove ‘‘202–521–2250’’ and add, in its
place, ‘‘202–512–2104’’.
§ 72.05–5
[Amended]
I 7. In § 72.05–5, remove ‘‘202–521–
2250’’ and add, in its place, ‘‘202–512–
2104’’.
PART 81—72 COLREGS:
IMPLEMENTING RULES
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
8. The authority citation for part 81
continues to read as follows:
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33 CFR Part 165
Authority: 33 U.S.C. 1607; E.O. 11964; 49
CFR 1.46.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
9. Revise the last sentence of § 81.3 to
read as follows:
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 1, 64, 72, 81, 89, 100, 101,
104, 120, 135, 146, 148, 151, 153, 154,
155, 156, 157, 160, 164, and 165.
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Title 33—Navigation and Navigable
Waters
§ 81.3
General.
* * * The information collection and
recordkeeping requirements in §§ 81.5
and 81.18 have been approved by the
Office of Management and Budget under
OMB control No. 1625–0019.
10. Revise the parenthetical at the end
of § 81.5 to read as follows:
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PART 1—GENERAL PROVISIONS
1. The authority citation for part 1
continues to read as follows:
§ 81.5 Application for a Certificate of
Alternative Compliance.
Authority: 14 U.S.C. 633; 33 U.S.C. 401,
491, 525, 1321, 2716, and 2716a; 42 U.S.C.
9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
section 1.01–70 also issued under the
authority of E.O. 12580, 3 CFR, 1987 Comp.,
p. 193; and sections 1.01–80 and 1.01–85 also
issued under the authority of E.O. 12777, 3
CFR, 1991 Comp., p. 351.
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§ 1.08–5
[Amended]
2. In paragraph (d), remove the
reference ‘‘1.07–9’’ and add, in its place,
‘‘1.07–10’’.
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(Approved by the Office of Management and
Budget under control number 1625–0019)
14. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.
§ 100.519
[Amended]
15. In § 100.519 paragraph (a)(2),
remove the word ‘‘Group’’ and add in its
place, ‘‘SFO’’.
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§ 100.531
[Amended]
16. In § 100.531, in paragraph (a), in
the definition of ‘‘Coast Guard Patrol
Commander’’, remove the word
‘‘Group’’ and add in its place, ‘‘SFO’’.
I 17. In § 100.531, in paragraph (a), in
the definition of ‘‘Official Patrol’’,
remove the word ‘‘Group’’ and add in its
place, ‘‘SFO’’.
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PART 101—MARITIME SECURITY:
GENERAL
18. The authority citation for part 101
continues to read as follows:
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Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 192; Executive
Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19;
Department of Homeland Security Delegation
No. 0170.1.
§ 101.305
[Amended]
19. In § 101.305, in paragraph (a),
remove ‘‘202–267–2675, fax: 202–267–
1322’’ and add, in its place, ‘‘202–372–
2428; Fax: 202–372–2920’’.
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PART 104—MARITIME SECURITY:
VESSELS
20. The authority citation for part 104
continues to read as follows:
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11. Revise the parenthetical at the end
of § 81.18 to read as follows:
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§ 81.18 Notice and record of certification
of vessels of special construction or
purpose.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1,
6.04–11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No. 0170.1.
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(Approved by the Office of Management and
Budget under control number 1625–0019)
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§ 104.115
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Compliance.
21. In § 104.115—
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a. Revise the section heading to read
as set forth above;
I b. In paragraph (a), remove ‘‘On July
1, 2004, and thereafter, vessel’’, and
add, in its place, ‘‘Vessel’’.
I c. Remove paragraph (b), and
redesignate paragraph (c) as paragraph
(b).
I d. In newly designated paragraph (b),
introductory text, remove ‘‘On July 1,
2004, and thereafter, owners’’ and add,
in its place, ‘‘Owners’’.
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§ 104.205
[Amended]
§ 146.125
Emergency drills.
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39. Revise the parenthetical at the end
of § 151.25 to read as follows:
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(Approved by the Office of Management and
Budget under control number 1625–0018)
§ 151.25
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31. Revise the parenthetical at the end
of § 146.303 to read as follows:
(Approved by the Office of Management and
Budget under control number 1625–0009)
§ 146.303 Notice and written report of
casualties.
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(Approved by the Office of Management and
Budget under control number 1625–0001)
22. In § 104.205, in paragraph (b)(1),
remove ‘‘202–267–2675, fax: 202–267–
1322’’ and add, in its place, ‘‘202–372–
2428; Fax: 202–372–2920’’.
PART 148—DEEPWATER PORTS:
GENERAL
PART 120—SECURITY OF
PASSENGER VESSELS
Authority: 33 U.S.C. 1504; Department of
Homeland Security Delegation No. 0170.1
(75).
23. The authority citation for part 120
continues to read as follows:
§ 148.5
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32. The authority citation for part 148
continues to read as follows:
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[Amended]
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Oil Record Book.
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40. Revise the parenthetical at the end
of § 151.57 to read as follows:
§ 151.57
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Waste management plans.
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(Approved by the Office of Management and
Budget under control number 1625–0072)
PART 153—CONTROL OF POLLUTION
BY OIL AND HAZARDOUS
SUBSTANCES, DISCHARGE
REMOVAL
41. The authority citation for part 153
continues to read as follows:
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Authority: 14 U.S.C. 633; 33 U.S.C. 1321,
1903, 1908; 42 U.S.C. 9615; 46 U.S.C. 6101;
E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O.
12777, 3 CFR, 1991 Comp., p. 351;
Department of Homeland Security Delegation
No. 0170.1.
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33. In § 148.5, in paragraph (3), of the
definition for Administrator of the
Maritime Administration, remove ‘‘202–
366–4721’’ and add, in its place, ‘‘800–
996–2723’’.
PART 135—OFFSHORE OIL
POLLUTION COMPENSATION FUND
PART 151—VESSELS CARRYING OIL,
NOXIOUS LIQUID SUBSTANCES,
GARBAGE, MUNICIPAL OR
COMMERCIAL WASTE, AND BALLAST
WATER
42. In § 153.203, remove ‘‘202–267–
2675’’ and add, in its place, ‘‘202–372–
2428; fax number 202–372–2920’’.
34. The authority citation for part 151
continues to read as follows:
Authority: 33 U.S.C. 1231; Department of
Homeland Security Delegation No. 0170.
§ 120.220
[Amended]
24. In § 120.220, in paragraph (a)
remove ‘‘202–267–2675’’ and add, in its
place, ‘‘202–372–2428; Fax: 202–372–
2920’’.
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§ 153.203
[Amended]
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25. The authority citation for part 135
continues to read as follows:
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PART 154—FACILITIES
TRANSFERRING OIL OR HAZARDOUS
MATERIAL IN BULK
Authority: 33 U.S.C. 2701–2719; E.O.
12777, 56 FR 54757; 49 CFR 1.46.
Authority: 33 U.S.C. 1321 and 1903; Public
Law 104–227 (110 Stat. 3034), E.O. 12777, 3
CFR, 1991 Comp. p. 351.
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§ 135.305
[Amended]
43. The authority citation for part 154
continues to read as follows:
35. In 151.09, in paragraph (a)(4),
remove the reference ‘‘§ 2.05–10’’ and
add, in its place, ‘‘§ 2.22(a)(2)’’.
Authority: 33 U.S.C. 1231, 1321(j)(1)(C),
(j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56
FR 54757; Department of Homeland Security
Delegation No. 0170.1. Subpart F is also
issued under 33 U.S.C. 2735.
PART 146—OPERATIONS
§ 151.15
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27. The authority citation for part 146
continues to read as follows:
36. In § 151.15, in paragraph (d)(2),
remove ‘‘202–267–2675), fax number
202–479–7165’’ and add, in its place,
‘‘202–372–2428), fax number 202–372–
2920’’.
I 37. Revise the parenthetical at the end
of § 151.19 to read as follows:
26. In § 135.305(b), remove the words
‘‘Subpart C’’ and add in their place
‘‘Subpart B’’.
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Authority: 43 U.S.C. 1333(d)(1), 1348(c),
1356; 49 CFR 1.46.
28. Revise the parenthetical at the end
of § 146.30 to read as follows:
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§ 146.30
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29. Revise the parenthetical at the end
of § 146.35 to read as follows:
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[Amended]
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Written report of casualty.
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(Approved by the Office of Management and
Budget under control number 1625–0001)
30. Revise the parenthetical at the end
of § 146.125 to read as follows:
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44. Revise the parenthetical at the end
of § 154.310 to read as follows:
§ 154.310
Operations manual: Contents.
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(Approved by the Office of Management and
Budget under control number 1625–0093)
45. Revise the parenthetical at the end
of § 154.740 to read as follows:
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§ 151.19 International Oil Pollution
Prevention (IOPP) Certificates.
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[Amended]
Notice of casualties.
(Approved by the Office of Management and
Budget under control number 1625–0001)
§ 146.35
§ 151.09
§ 154.740
Records.
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(Approved by the Office of Management and
Budget under control number 1625–0041)
(Approved by the Office of Management and
Budget under control number 1625–0060)
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38. Revise the parenthetical at the end
of § 151.21 to read as follows:
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§ 151.21 Ships of countries not party to
MARPOL 73/78.
§ 154.804 Review, certification, and initial
inspection.
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(Approved by the Office of Management and
Budget under control number 1625–0019)
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46. Revise the parenthetical at the end
of § 154.804 to read as follows:
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(Approved by the Office of Management and
Budget under control number 1625–0060)
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I
47. Revise the parenthetical at the end
of § 154.806 to read as follows:
I
§ 154.806 Application for acceptance as a
certifying entity.
§ 156.120
Requirements for transfer.
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0039)
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0060)
PART 155—OIL OR HAZARDOUS
MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
48. The authority citation for part 155
continues to read as follows:
I
Authority: 33 U.S.C. 1231, 1321(j); E.O.
11735, 3 CFR, 1971–1975 Comp., p. 793.
Sections 155.100 through 155.130, 150.350
through 155.400, 155.430, 155.440, 155.470,
155.1030(j) and (k), and 155.1065(g) are also
issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are
also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of
Public Law 101–380.
49. Revise the parenthetical at the end
of § 155.370 to read as follows:
I
§ 155.370 Oily mixture (bilge slops)/fuel oil
tank ballast water discharges on
oceangoing ships of 10,000 gross tons and
above and oceangoing ships of 400 gross
tons and above that carry ballast water in
their fuel oil tanks.
*
*
*
*
*
54. Revise the parenthetical at the end
of § 156.20 to read as follows:
*
*
*
55. Revise the parenthetical at the end
of § 156.170 to read as follows:
I
§ 157.102 Plans for foreign tank vessels:
Submission.
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
62. Revise the parenthetical at the end
of § 157.108 to read as follows:
I
§ 156.170 Equipment tests and
inspections.
§ 157.108 Crude Oil Washing Operations
and Equipment Manual for U.S. tank
vessels: Submission.
*
*
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0095)
PART 157—RULES FOR THE
PROTECTION OF THE MARINE
ENVIRONMENT RELATING TO TANK
VESSELS CARRYING OIL IN BULK
56. The authority citation for part 157
continues to read as follows:
I
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
63. Revise the parenthetical at the end
of § 157.110 to read as follows:
I
§ 157.110 Crude Oil Washing Operations
and Equipment Manual for foreign tank
vessels: Submission.
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703,
3703a (note); 49 CFR 1.46. Subparts G, H, and
I are also issued under section 4115(b),
Public Law 101–380, 104 Stat. 520; Public
Law 104–55, 109 Stat. 546.
*
I
57. Revise the parenthetical at the end
of § 157.04 to read as follows:
I
§ 157.04 Authorization of classification
societies.
§ 157.116
vessels.
Required documents: U.S. tank
*
*
*
*
*
*
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
64. Revise the parenthetical at the end
of § 157.116 to read as follows:
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0009)
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
I
50. Revise the parenthetical at the end
of § 155.440 to read as follows:
I
58. Revise the parenthetical at the end
of § 157.24a to read as follows:
I
§ 155.440 Segregation of fuel oil and
ballast water on new oceangoing ships of
4,000 gross tons and above, other than oil
tankers, and on new oceangoing oil tankers
of 150 gross tons and above.
§ 157.24a Submission of calculations,
plans, and specifications for existing
vessels installing segregated ballast tanks.
§ 157.118 Required documents: Foreign
tank vessels.
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
*
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0009)
*
*
*
*
I
59. Revise the parenthetical at the end
of § 157.37 to read as follows:
§ 155.750
Contents of transfer procedures.
§ 157.37 Discharge of oily mixtures from
oil cargoes.
*
*
*
51. Revise the parenthetical at the end
of § 155.750 to read as follows:
*
*
*
(Approved by the Office of Management and
Budget under control number 1625–0030)
52. In Subpart D, revise the subpart
heading to read ‘‘Tank Vessel Response
Plans for Oil’’.
I
PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS
53. The authority citation for part 156
continues to read as follows:
wwhite on PROD1PC61 with RULES
I
Authority: 33 U.S.C. 1231, 1321(j); 46
U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
1975 Comp., p. 793. Section 156.120(bb) and
(ee) are also issued under 46 U.S.C. 3703.
VerDate Aug<31>2005
17:07 Jul 11, 2006
Jkt 208001
I
*
*
*
*
(The information collection requirement
contained in paragraph (d) of this section was
approved by the Office of Management and
Budget under control number 1625–0041)
65. Revise the parenthetical at the end
of § 157.118 to read as follows:
*
*
*
*
*
66. Revise the parenthetical at the end
of § 157.200 to read as follows:
I
§ 157.200 Plans for U.S. tank vessels:
Submission.
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
I
67. Revise the parenthetical at the end
of § 157.206 to read as follows:
§ 157.100 Plans for U.S. tank vessels:
Submission.
§ 157.206 Dedicated Clean Ballast Tanks
Operations Manual for U.S. tank vessels:
Submission.
60. Revise the parenthetical at the end
of § 157.100 to read as follows:
*
*
*
*
*
I
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
61. Revise the parenthetical at the end
of § 157.102 to read as follows:
I
I
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68. Revise the parenthetical at the end
of § 157.208 to read as follows:
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Federal Register / Vol. 71, No. 133 / Wednesday, July 12, 2006 / Rules and Regulations
§ 157.208 Dedicated Clean Ballast Tanks
Operations Manual for foreign tank vessels:
Submission.
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
69. Revise the parenthetical at the end
of § 157.214 to read as follows:
I
§ 157.214
vessels.
Required documents: U.S. tank
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
70. Revise the parenthetical at the end
of § 157.216 to read as follows:
I
§ 157.216 Required documents: Foreign
tank vessels.
*
*
*
*
*
(Reporting and Recordkeeping requirements
approved by the Office of Management and
Budget under control number 1625–0036)
PART 160—PORTS AND WATERWAYS
SAFETY—GENERAL
71. The authority citation for part 160
continues to read as follows:
I
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
Chapter 701; Department of Homeland
Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C.
1225 and 46 U.S.C. 3715.
72. In § 160.7—
a. Redesignate paragraphs (c) and (d)
as paragraphs (d) and (e);
I b. Amend paragraph (b) by removing
the reference ‘‘paragraph (d) of this
section’’, and adding a reference
‘‘paragraph (e) of this section’’ in its
place;
I c. Add a new paragraph (c); and
I d. Revise newly designated paragraph
(d); as follows:
I
I
§ 160.7
Appeals.
wwhite on PROD1PC61 with RULES
*
*
*
*
*
(c) Any person directly affected by the
establishment of a safety zone or by an
order or direction issued by, or on
behalf of, a District Commander may
appeal to the Area Commander through
the District Commander. The appeal
must be in writing, except as allowed
under paragraph (e) of this section, and
shall contain complete supporting
documentation and evidence which the
appellant wishes to have considered.
Upon receipt of the appeal, the Area
Commander may direct a representative
to gather and submit documentation or
other evidence which would be
necessary or helpful to a resolution of
the appeal. A copy of this
documentation and evidence is made
VerDate Aug<31>2005
16:27 Jul 11, 2006
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39211
available to the appellant. The appellant
is afforded five working days from the
date of receipt to submit rebuttal
materials. Following submission of all
materials, the Area Commander issues a
ruling, in writing, on the appeal. Prior
to issuing the ruling, the Area
Commander may, as a matter of
discretion, allow oral presentation on
the issues.
(d) Any person directly affected by
the establishment of a safety zone or by
an order or direction issued by an Area
Commander, or who receives an
unfavorable ruling on an appeal taken
under paragraph (b) of this section, may
appeal through the Area Commander to
the Assistant Commandant for Marine
Safety, Security and Environmental
Protection, U.S. Coast Guard,
Washington, DC 20593. The appeal
must be in writing, except as allowed
under paragraph (e) of this section. The
Area Commander forwards the appeal,
all the documents and evidence which
formed the record upon which the order
or direction was issued or the ruling
under paragraph (b) of this section was
made, and any comments which might
be relevant, to the Assistant
Commandant for Marine Safety,
Security and Environmental Protection.
A copy of this documentation and
evidence is made available to the
appellant. The appellant is afforded five
working days from the date of receipt to
submit rebuttal materials to the
Assistant Commandant for Marine
Safety, Security and Environmental
Protection. The decision of the Assistant
Commandant for Marine Safety,
Security and Environmental Protection
is based upon the materials submitted,
without oral argument or presentation.
The decision of the Assistant
Commandant for Marine Safety,
Security and Environmental Protection
is issued in writing and constitutes final
agency action.
*
*
*
*
*
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
PART 164—NAVIGATION SAFETY
REGULATIONS
[EPA–HQ–OPP–2006–0053;FRL–8073–3]
73. The authority citation for part 164
continues to read as follows:
I
Authority: 33 U.S.C. 1222(5), 1223, 1231;
46 U.S.C. 2103, 3703; Department of
Homeland Security Delegation No. 0170.1
(75). Sec. 164.13 also issued under 46 U.S.C.
8502. Sec. 164.61 also issued under 46 U.S.C.
6101.
§ 164.15
[Amended]
74. In § 164.15, paragraph(a)(1),
remove the word ‘‘hip’’ and add, in its
place ‘‘ship’’.
I
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Fmt 4700
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75. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
76. In § 165.5, remove the
parenthetical after paragraph (b)(6) and
add a new parenthetical at the end of
the section to read as follows:
I
§ 165.5
*
Establishment procedures.
*
*
*
*
(Requests for safety zones, security zones,
and regulated navigation areas are approved
by the Office of Management and Budget
under control number 1625–0020)
77. Revise § 165.501 (d)(9)(iv) as set
out below:
I
§ 165.501 Chesapeake Bay entrance and
Hampton Roads, VA and adjacent waters—
Regulated Navigation Area.
*
*
*
*
*
(d) * * *
(9) * * *
(iv) The designated representative of
the Captain of the Port is the Sector
Command Center (SCC)—Joint Harbor
Operations Center (JHOC) which shall
be contacted on VHF–FM channel 12, or
by calling (757) 668–5555.
*
*
*
*
*
Dated: July 6, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E6–10890 Filed 7–11–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Imidacloprid; Pesticide Tolerance
Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
SUMMARY: EPA issued a final rule in the
Federal Register of March 22, 2006,
concerning the establishment of
pesticide tolerances for combined
residues of imidacloprid on oats and
rye. This document is being issued to
correct a typographical error and a
typographical omission.
E:\FR\FM\12JYR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 133 (Wednesday, July 12, 2006)]
[Rules and Regulations]
[Pages 39206-39211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10890]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148,
151, 153, 154, 155, 156, 157, 160, 164, and 165
[USCG-2006-25150]
RIN 1625-ZA08
Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes non-substantive changes throughout Title 33 of
the Code of Federal Regulations. The purpose of this rule is to make
conforming amendments and technical corrections to Coast Guard
navigation and navigable water regulations. This rule will have no
substantive effect on the regulated public.
DATES: This final rule is effective July 12, 2006.
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-2006-25150 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC,
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: If you have questions on this rule,
call Mr. Ray Davis, Coast Guard, telephone 202-372-1461. If you have
questions on viewing the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard
finds that this rule is exempt from notice and comment rulemaking
requirements because these changes involve agency organization and
practices, and good cause exists for not publishing an NPRM for all
revisions in the rule because they are all non-substantive changes.
This rule consists only of corrections and editorial, organizational,
and conforming amendments. These changes will have no substantive
effect on the public; therefore, it is unnecessary to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same
reasons, good cause exists for making this rule effective less than 30
days after publication in the Federal Register.
Background and Purpose
Each year Title 33 of the Code of Federal Regulations is updated on
July 1. This rule, which becomes effective July 12, 2006, makes other
technical and editorial corrections throughout Title 33. This rule does
not create any substantive requirements.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. As this rule involves internal
agency practices and procedures and non-substantive changes, it will
not impose any costs on the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule does not require a general NPRM and, therefore, is exempt
from the requirements of the Regulatory Flexibility Act. Although this
rule is exempt, we have reviewed it for potential economic impact on
small entities.
[[Page 39207]]
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
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.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in an expenditure of this
magnitude, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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.
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.
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.
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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(a) and (b), of the Instruction from further
environmental documentation because this rule involves editorial,
procedural, and internal agency functions. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
33 CFR Part 64
Navigation (water), Reporting and recordkeeping requirements.
33 CFR Part 72
Government publications, Navigation (water).
33 CFR Part 81
Navigation (water), Reporting and recordkeeping requirements,
Treaties.
33 CFR Part 89
Navigation (water), Reporting and recordkeeping requirements,
Waterways.
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 101
Harbors, Maritime security, Reporting and recordkeeping
requirements, Security measures, Vessels, Waterways.
33 CFR Part 104
Maritime security, Reporting and recordkeeping requirements,
Security measures, Vessels.
33 CFR Part 120
Passenger vessels, Reporting and recordkeeping requirements,
Security measures, Terrorism.
33 CFR Part 135
Administrative practice and procedure, Continental shelf,
Insurance, Oil pollution, Reporting and recordkeeping requirements.
33 CFR Part 146
Continental shelf, Marine safety, Occupational safety and health,
Reporting and recordkeeping requirements, Vessels.
33 CFR Part 148
Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
[[Page 39208]]
33 CFR Part 153
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 154
Alaska, Fire prevention, Hazardous substances, Oil pollution,
Reporting and recordkeeping requirements.
33 CFR Part 155
Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 157
Cargo vessels, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.
33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 1, 64, 72, 81, 89, 100, 101, 104, 120, 135, 146, 148, 151,
153, 154, 155, 156, 157, 160, 164, and 165.
Title 33--Navigation and Navigable Waters
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
section 1.01-70 also issued under the authority of E.O. 12580, 3
CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also
issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
Sec. 1.08-5 [Amended]
0
2. In paragraph (d), remove the reference ``1.07-9'' and add, in its
place, ``1.07-10''.
PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER
OBSTRUCTIONS
0
3. The authority citation for part 64 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118;
43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.
Sec. 64.11 [Amended]
0
4. At the end of the section, remove the Note.
PART 72--MARINE INFORMATION
0
5. The authority citation for part 72 continues to read as follows:
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.1.
Sec. 72.01-25 [Amended]
0
6. In Sec. 72.01-25, paragraph (b), remove ``202-521-2250'' and add,
in its place, ``202-512-2104''.
Sec. 72.05-5 [Amended]
0
7. In Sec. 72.05-5, remove ``202-521-2250'' and add, in its place,
``202-512-2104''.
PART 81--72 COLREGS: IMPLEMENTING RULES
0
8. The authority citation for part 81 continues to read as follows:
Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.
0
9. Revise the last sentence of Sec. 81.3 to read as follows:
Sec. 81.3 General.
* * * The information collection and recordkeeping requirements in
Sec. Sec. 81.5 and 81.18 have been approved by the Office of
Management and Budget under OMB control No. 1625-0019.
0
10. Revise the parenthetical at the end of Sec. 81.5 to read as
follows:
Sec. 81.5 Application for a Certificate of Alternative Compliance.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0019)
0
11. Revise the parenthetical at the end of Sec. 81.18 to read as
follows:
Sec. 81.18 Notice and record of certification of vessels of special
construction or purpose.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0019)
PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES
0
12. The authority citation for part 89 continues to read as follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).
0
13. Revise the last sentence of Sec. 89.3 to read as follows:
Sec. 89.3 General.
* * * The information collection and recordkeeping requirements in
Sec. Sec. 89.5 and 89.18 have been approved by the Office of
Management and Budget under OMB control No. 1625-0019.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
14. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.
Sec. 100.519 [Amended]
0
15. In Sec. 100.519 paragraph (a)(2), remove the word ``Group'' and
add in its place, ``SFO''.
Sec. 100.531 [Amended]
0
16. In Sec. 100.531, in paragraph (a), in the definition of ``Coast
Guard Patrol Commander'', remove the word ``Group'' and add in its
place, ``SFO''.
0
17. In Sec. 100.531, in paragraph (a), in the definition of ``Official
Patrol'', remove the word ``Group'' and add in its place, ``SFO''.
PART 101--MARITIME SECURITY: GENERAL
0
18. The authority citation for part 101 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.
Sec. 101.305 [Amended]
0
19. In Sec. 101.305, in paragraph (a), remove ``202-267-2675, fax:
202-267-1322'' and add, in its place, ``202-372-2428; Fax: 202-372-
2920''.
PART 104--MARITIME SECURITY: VESSELS
0
20. The authority citation for part 104 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
of Homeland Security Delegation No. 0170.1.
Sec. 104.115 Compliance.
0
21. In Sec. 104.115--
[[Page 39209]]
0
a. Revise the section heading to read as set forth above;
0
b. In paragraph (a), remove ``On July 1, 2004, and thereafter,
vessel'', and add, in its place, ``Vessel''.
0
c. Remove paragraph (b), and redesignate paragraph (c) as paragraph
(b).
0
d. In newly designated paragraph (b), introductory text, remove ``On
July 1, 2004, and thereafter, owners'' and add, in its place,
``Owners''.
Sec. 104.205 [Amended]
0
22. In Sec. 104.205, in paragraph (b)(1), remove ``202-267-2675, fax:
202-267-1322'' and add, in its place, ``202-372-2428; Fax: 202-372-
2920''.
PART 120--SECURITY OF PASSENGER VESSELS
0
23. The authority citation for part 120 continues to read as follows:
Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.
Sec. 120.220 [Amended]
0
24. In Sec. 120.220, in paragraph (a) remove ``202-267-2675'' and add,
in its place, ``202-372-2428; Fax: 202-372-2920''.
PART 135--OFFSHORE OIL POLLUTION COMPENSATION FUND
0
25. The authority citation for part 135 continues to read as follows:
Authority: 33 U.S.C. 2701-2719; E.O. 12777, 56 FR 54757; 49 CFR
1.46.
Sec. 135.305 [Amended]
0
26. In Sec. 135.305(b), remove the words ``Subpart C'' and add in
their place ``Subpart B''.
PART 146--OPERATIONS
0
27. The authority citation for part 146 continues to read as follows:
Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46.
0
28. Revise the parenthetical at the end of Sec. 146.30 to read as
follows:
Sec. 146.30 Notice of casualties.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0001)
0
29. Revise the parenthetical at the end of Sec. 146.35 to read as
follows:
Sec. 146.35 Written report of casualty.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0001)
0
30. Revise the parenthetical at the end of Sec. 146.125 to read as
follows:
Sec. 146.125 Emergency drills.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0018)
0
31. Revise the parenthetical at the end of Sec. 146.303 to read as
follows:
Sec. 146.303 Notice and written report of casualties.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0001)
PART 148--DEEPWATER PORTS: GENERAL
0
32. The authority citation for part 148 continues to read as follows:
Authority: 33 U.S.C. 1504; Department of Homeland Security
Delegation No. 0170.1 (75).
Sec. 148.5 [Amended]
0
33. In Sec. 148.5, in paragraph (3), of the definition for
Administrator of the Maritime Administration, remove ``202-366-4721''
and add, in its place, ``800-996-2723''.
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
34. The authority citation for part 151 continues to read as follows:
Authority: 33 U.S.C. 1321 and 1903; Public Law 104-227 (110
Stat. 3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351.
Sec. 151.09 [Amended]
0
35. In 151.09, in paragraph (a)(4), remove the reference ``Sec. 2.05-
10'' and add, in its place, ``Sec. 2.22(a)(2)''.
Sec. 151.15 [Amended]
0
36. In Sec. 151.15, in paragraph (d)(2), remove ``202-267-2675), fax
number 202-479-7165'' and add, in its place, ``202-372-2428), fax
number 202-372-2920''.
0
37. Revise the parenthetical at the end of Sec. 151.19 to read as
follows:
Sec. 151.19 International Oil Pollution Prevention (IOPP)
Certificates.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0041)
0
38. Revise the parenthetical at the end of Sec. 151.21 to read as
follows:
Sec. 151.21 Ships of countries not party to MARPOL 73/78.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0019)
0
39. Revise the parenthetical at the end of Sec. 151.25 to read as
follows:
Sec. 151.25 Oil Record Book.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0009)
0
40. Revise the parenthetical at the end of Sec. 151.57 to read as
follows:
Sec. 151.57 Waste management plans.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0072)
PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES,
DISCHARGE REMOVAL
0
41. The authority citation for part 153 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C.
9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O.
12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.1.
Sec. 153.203 [Amended]
0
42. In Sec. 153.203, remove ``202-267-2675'' and add, in its place,
``202-372-2428; fax number 202-372-2920''.
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
0
43. The authority citation for part 154 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland
Security Delegation No. 0170.1. Subpart F is also issued under 33
U.S.C. 2735.
0
44. Revise the parenthetical at the end of Sec. 154.310 to read as
follows:
Sec. 154.310 Operations manual: Contents.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0093)
0
45. Revise the parenthetical at the end of Sec. 154.740 to read as
follows:
Sec. 154.740 Records.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0060)
0
46. Revise the parenthetical at the end of Sec. 154.804 to read as
follows:
Sec. 154.804 Review, certification, and initial inspection.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0060)
[[Page 39210]]
0
47. Revise the parenthetical at the end of Sec. 154.806 to read as
follows:
Sec. 154.806 Application for acceptance as a certifying entity.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0060)
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
0
48. The authority citation for part 155 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of
Public Law 101-380.
0
49. Revise the parenthetical at the end of Sec. 155.370 to read as
follows:
Sec. 155.370 Oily mixture (bilge slops)/fuel oil tank ballast water
discharges on oceangoing ships of 10,000 gross tons and above and
oceangoing ships of 400 gross tons and above that carry ballast water
in their fuel oil tanks.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0009)
0
50. Revise the parenthetical at the end of Sec. 155.440 to read as
follows:
Sec. 155.440 Segregation of fuel oil and ballast water on new
oceangoing ships of 4,000 gross tons and above, other than oil tankers,
and on new oceangoing oil tankers of 150 gross tons and above.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0009)
0
51. Revise the parenthetical at the end of Sec. 155.750 to read as
follows:
Sec. 155.750 Contents of transfer procedures.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0030)
0
52. In Subpart D, revise the subpart heading to read ``Tank Vessel
Response Plans for Oil''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
0
53. The authority citation for part 156 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.
11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee)
are also issued under 46 U.S.C. 3703.
0
54. Revise the parenthetical at the end of Sec. 156.20 to read as
follows:
Sec. 156.120 Requirements for transfer.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0039)
0
55. Revise the parenthetical at the end of Sec. 156.170 to read as
follows:
Sec. 156.170 Equipment tests and inspections.
* * * * *
(Approved by the Office of Management and Budget under control
number 1625-0095)
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT
RELATING TO TANK VESSELS CARRYING OIL IN BULK
0
56. The authority citation for part 157 continues to read as follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR
1.46. Subparts G, H, and I are also issued under section 4115(b),
Public Law 101-380, 104 Stat. 520; Public Law 104-55, 109 Stat. 546.
0
57. Revise the parenthetical at the end of Sec. 157.04 to read as
follows:
Sec. 157.04 Authorization of classification societies.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
58. Revise the parenthetical at the end of Sec. 157.24a to read as
follows:
Sec. 157.24a Submission of calculations, plans, and specifications
for existing vessels installing segregated ballast tanks.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
59. Revise the parenthetical at the end of Sec. 157.37 to read as
follows:
Sec. 157.37 Discharge of oily mixtures from oil cargoes.
* * * * *
(The information collection requirement contained in paragraph (d)
of this section was approved by the Office of Management and Budget
under control number 1625-0041)
0
60. Revise the parenthetical at the end of Sec. 157.100 to read as
follows:
Sec. 157.100 Plans for U.S. tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
61. Revise the parenthetical at the end of Sec. 157.102 to read as
follows:
Sec. 157.102 Plans for foreign tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
62. Revise the parenthetical at the end of Sec. 157.108 to read as
follows:
Sec. 157.108 Crude Oil Washing Operations and Equipment Manual for
U.S. tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
63. Revise the parenthetical at the end of Sec. 157.110 to read as
follows:
Sec. 157.110 Crude Oil Washing Operations and Equipment Manual for
foreign tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
64. Revise the parenthetical at the end of Sec. 157.116 to read as
follows:
Sec. 157.116 Required documents: U.S. tank vessels.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
65. Revise the parenthetical at the end of Sec. 157.118 to read as
follows:
Sec. 157.118 Required documents: Foreign tank vessels.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
66. Revise the parenthetical at the end of Sec. 157.200 to read as
follows:
Sec. 157.200 Plans for U.S. tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036>
0
67. Revise the parenthetical at the end of Sec. 157.206 to read as
follows:
Sec. 157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S.
tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
68. Revise the parenthetical at the end of Sec. 157.208 to read as
follows:
[[Page 39211]]
Sec. 157.208 Dedicated Clean Ballast Tanks Operations Manual for
foreign tank vessels: Submission.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
69. Revise the parenthetical at the end of Sec. 157.214 to read as
follows:
Sec. 157.214 Required documents: U.S. tank vessels.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
0
70. Revise the parenthetical at the end of Sec. 157.216 to read as
follows:
Sec. 157.216 Required documents: Foreign tank vessels.
* * * * *
(Reporting and Recordkeeping requirements approved by the Office of
Management and Budget under control number 1625-0036)
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL
0
71. The authority citation for part 160 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C.
3715.
0
72. In Sec. 160.7--
0
a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e);
0
b. Amend paragraph (b) by removing the reference ``paragraph (d) of
this section'', and adding a reference ``paragraph (e) of this
section'' in its place;
0
c. Add a new paragraph (c); and
0
d. Revise newly designated paragraph (d); as follows:
Sec. 160.7 Appeals.
* * * * *
(c) Any person directly affected by the establishment of a safety
zone or by an order or direction issued by, or on behalf of, a District
Commander may appeal to the Area Commander through the District
Commander. The appeal must be in writing, except as allowed under
paragraph (e) of this section, and shall contain complete supporting
documentation and evidence which the appellant wishes to have
considered. Upon receipt of the appeal, the Area Commander may direct a
representative to gather and submit documentation or other evidence
which would be necessary or helpful to a resolution of the appeal. A
copy of this documentation and evidence is made available to the
appellant. The appellant is afforded five working days from the date of
receipt to submit rebuttal materials. Following submission of all
materials, the Area Commander issues a ruling, in writing, on the
appeal. Prior to issuing the ruling, the Area Commander may, as a
matter of discretion, allow oral presentation on the issues.
(d) Any person directly affected by the establishment of a safety
zone or by an order or direction issued by an Area Commander, or who
receives an unfavorable ruling on an appeal taken under paragraph (b)
of this section, may appeal through the Area Commander to the Assistant
Commandant for Marine Safety, Security and Environmental Protection,
U.S. Coast Guard, Washington, DC 20593. The appeal must be in writing,
except as allowed under paragraph (e) of this section. The Area
Commander forwards the appeal, all the documents and evidence which
formed the record upon which the order or direction was issued or the
ruling under paragraph (b) of this section was made, and any comments
which might be relevant, to the Assistant Commandant for Marine Safety,
Security and Environmental Protection. A copy of this documentation and
evidence is made available to the appellant. The appellant is afforded
five working days from the date of receipt to submit rebuttal materials
to the Assistant Commandant for Marine Safety, Security and
Environmental Protection. The decision of the Assistant Commandant for
Marine Safety, Security and Environmental Protection is based upon the
materials submitted, without oral argument or presentation. The
decision of the Assistant Commandant for Marine Safety, Security and
Environmental Protection is issued in writing and constitutes final
agency action.
* * * * *
PART 164--NAVIGATION SAFETY REGULATIONS
0
73. 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;
Department of Homeland Security Delegation No. 0170.1 (75). Sec.
164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also issued
under 46 U.S.C. 6101.
Sec. 164.15 [Amended]
0
74. In Sec. 164.15, paragraph(a)(1), remove the word ``hip'' and add,
in its place ``ship''.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
75. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
76. In Sec. 165.5, remove the parenthetical after paragraph (b)(6) and
add a new parenthetical at the end of the section to read as follows:
Sec. 165.5 Establishment procedures.
* * * * *
(Requests for safety zones, security zones, and regulated navigation
areas are approved by the Office of Management and Budget under
control number 1625-0020)
0
77. Revise Sec. 165.501 (d)(9)(iv) as set out below:
Sec. 165.501 Chesapeake Bay entrance and Hampton Roads, VA and
adjacent waters--Regulated Navigation Area.
* * * * *
(d) * * *
(9) * * *
(iv) The designated representative of the Captain of the Port is
the Sector Command Center (SCC)--Joint Harbor Operations Center (JHOC)
which shall be contacted on VHF-FM channel 12, or by calling (757) 668-
5555.
* * * * *
Dated: July 6, 2006.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E6-10890 Filed 7-11-06; 8:45 am]
BILLING CODE 4910-15-P
