Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments, 45900-45905 [E7-15957]
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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations
Government activity, if made by a
person primarily engaged in
disseminating information.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
§ 1700.13 Right to appeal and appeal
procedures.
(a) Right to appeal. Individuals who
disagree with a decision not to produce
a document or parts of a document, to
deny a fee category request, to deny a
request for a fee waiver or fee reduction,
to deny expedited processing, or a
decision regarding a fee estimate or a
determination that no records exist,
should submit a written request for
review to the Chief FOIA Officer c/o
Director, Information Management
Office, Office of the Director of National
Intelligence, Washington, DC 20511.
The words ‘‘FOIA APPEAL’’ should be
written on the letter and the envelope.
The appeal must be signed by the
individual or his legal counsel.
(b) Requirements as to time and form.
Appeals of adverse decisions must be
received within 45 days of the date of
the ODNI’s initial decision. Requesters
should include a statement of the
reasons supporting the request for
reversal of the initial decision.
(c) Exceptions. No appeal shall be
accepted if the requester has
outstanding fees for information
services at this or another federal
agency. In addition, no appeal shall be
accepted if the information in question
has been the subject of an
administrative review within the
previous two years or is the subject of
pending litigation in the Federal courts.
§ 1700.14
Action by appeals authority.
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(a) The Director of the Intelligence
Staff, after consultation with any ODNI
component organization involved in the
initial decision as well as with the
Office of General Counsel, will make a
final determination on the appeal.
Appeals of denials of requests for
expedited processing shall be acted on
expeditiously.
(b) The Director, IMO, will ordinarily
be the initial deciding official on FOIA
requests to the ODNI. However, in the
event the Director of the Intelligence
Staff makes an initial decision that is
later appealed, the Principal Deputy
Director for National Intelligence will
decide the appeal in accordance with
the procedures in this section.
Dated: August 9, 2007.
Ronald L. Burgess, Jr.,
Director of the Intelligence Staff.
[FR Doc. E7–15996 Filed 8–15–07; 8:45 am]
BILLING CODE 3910–A7–P
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33 CFR Parts 1, 2, 64, 100, 109, 110,
117, 147, 150, 151, and 161
[USCG–2007–27887]
RIN 1625–ZA13
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 August
16, 2007.
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–2007–27887 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 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
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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
August 16, 2007, makes technical and
editorial corrections throughout Title
33. This rule does not create any
substantive requirements.
Discussion of Rule
This rule corrects the authority
citations in parts 1, 64, 109, 117, 147,
and 151. The explanations in
§§ 109.05(a) and 109.10 concerning the
authority to regulate anchorage grounds
and special anchorage areas are also
updated.
Five sections in part 100 pertaining to
regattas and other marine events, and
one paragraph, a table, and a figure in
part 110 pertaining to the placement of
mooring buoys are removed because
they are obsolete or redundant. A note
in part 151 that references a definition
has been updated.
Additional amendments to parts 2, 64,
150, and 161 are:
33 CFR 2.32(c). The Coast Guard
previously revised definitions of
jurisdictional terms in part 2,
conforming them to statutory changes
and Presidential proclamations affecting
Coast Guard jurisdiction (68 FR 42595,
July 18, 2003). Those amendments
inadvertently omitted wreck and
structure marking authority but were
intended to incorporate the traditional
interpretation of ‘‘high seas’’ that
existed before the advent of the concept
of an exclusive economic zone (EEZ).
Prior to those amendments, the meaning
of ‘‘high seas’’ within the context of
Coast Guard wreck and structure
marking authority, as applied to persons
subject to U.S. jurisdiction, was
intended to be similar to how the term
‘‘high seas’’ was understood in
traditional maritime law enforcement
authority, 14 U.S.C. 89(a), and as
defined by Congress in the Intervention
on the High Seas Act, 33 U.S.C. 1471,
et seq. It was not our intent, in
promulgating the 2003 updates to
jurisdictional regulations, to change that
application. Rather, our intent was to
maintain, insofar as possible, the
existing jurisdictional authorities of the
Coast Guard to execute its missions,
particularly with respect to the
definition of ‘‘high seas’’ (see 68 FR
42595–6).
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33 CFR 64.06. A definition of ‘‘high
seas’’ is added to the section’s list of
definitions to make clear that the
application of this part remains
unchanged by our amendments to 33
CFR Part 2 in 2003 (68 FR 42595, July
18, 2003).
33 CFR Part 150. The geographic
coordinates in § 150.940 have been
revised to enable plotting using the
North American Datum of 1983, and the
description of the datum in § 150.930
has been amended accordingly.
33 CFR 161.35. The names, numbers,
and locations of certain navigation aids
in the Houston/Galveston Vessel Traffic
Service Area have been updated in
Tables 161.35(B) and (C).
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.
We expect the economic impact of this
rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
As this rule involves internal agency
practices and procedures and nonsubstantive changes, it will not impose
any costs on the public.
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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.
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,
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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 such
an expenditure, 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
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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, paragraphs (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 2
Administrative practice and
procedure, Law enforcement.
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33 CFR Part 64
(c) For the purposes of 14 U.S.C.
89(a), 14 U.S.C. 86, 33 U.S.C. 409, and
33 U.S.C. 1471 et seq., high seas
includes the exclusive economic zones
of the United States and other nations,
as well as those waters that are seaward
of territorial seas of the United States
and other nations.
*
*
*
*
*
Navigation (water), Reporting and
recordkeeping requirements.
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 109
PART 64—MARKING OF
STRUCTURES, SUNKEN VESSELS
AND OTHER OBSTRUCTIONS
Anchorage grounds.
33 CFR Part 110
Anchorage grounds.
4. Revise the authority citation for part
64 to read as follows:
I
33 CFR Part 117
Bridges, Reporting and recordkeeping
requirements.
33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
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. 0170.1.
5. In § 64.06, add a new definition for
‘‘high seas’’ between ‘‘Hazard to
navigation’’ and ‘‘Markings’’ to read as
follows:
I
33 CFR Part 150
Harbors, Marine safety, Navigation
(water), Occupational safety and health,
Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 151
Administrative practice and
procedure, Oil pollution, Penalties.
Reporting and recordkeeping
requirements, Water pollution control.
§ 64.06
Definition of terms.
*
*
*
*
*
High seas means those waters
described in § 2.32(c) of this chapter.
*
*
*
*
*
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
6. The authority citation for part 100
continues to read as follows:
I
33 CFR Part 161
Harbors, Navigation (water),
Reporting and recordkeeping
requirements, Vessels, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 1, 2, 64, 100, 109, 110, 117,
147, 150, 151, and 161.
§ 100.103
Title 33—Navigation and Navigable
Waters
§ 100.120
Authority: 33 U.S.C. 1233.
I
I
PART 1—GENERAL PROVISIONS
1. In subpart 1.05, revise the authority
citation to read as follows:
I
I
[Removed]
9. Remove § 100.120.
[Removed]
10. Remove § 100.121.
Authority: 5 U.S.C. 552, 553, App. 2; 14
U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471,
499; 49 U.S.C. 101, 322; Department of
Homeland Security Delegation No. 0170.1.
§ 100.122
PART 2—JURISDICTION
I
I
Authority: 14 U.S.C. 633; 33 U.S.C. 1222;
Pub. L.89–670, 80 Stat. 931, 49 U.S.C. 108;
Pub. L. 107–296, 116 Stat. 2135, 2249, 6
U.S.C. 101 not and 468; Department of
homeland Security Delegation No. 0170.1.
3. In § 2.32, revise paragraph (c) to
read as follows:
§ 2.32
*
High seas.
*
*
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*
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11. Remove § 100.122.
12. Revise the authority citation for
part 109 to read as follows:
2. The authority citation for part 2
continues to read as follows:
I
[Removed]
PART 109—GENERAL
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[Removed]
8. Remove § 100.104.
§ 100.121
Authority: R.S. 4233, as amended, 28 Stat.
647 as amended, 30 Stat. 98, as amended,
sec. 7, 38 Stat. 1053, as amended, sec. 6(g)(1),
80 Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49
U.S.C. 1655(g)(1); Pub. L. 107–296, 116 Stat.
2135; Department of Homeland Security
Delegation No. 0170.1.
§ 109.01
[Amended]
13. Remove the parenthetical at the
end of § 109.01.
I 14. In § 109.05—
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§ 109.05
Anchorage grounds.
(a) Section 7 of the Rivers and Harbors
Act of March 4, 1915 (33 U.S.C. 471),
authorizes the establishment of
anchorage grounds for vessels in
navigable waters of the United States
whenever it is apparent that these are
required by the maritime or commercial
interests of the United States for safe
navigation. The statute also authorizes
the adoption of suitable rules and
regulations regarding the establishment
of anchorage grounds, which are
enforced by the Coast Guard. The
authority conferred by this statute was
transferred to and vested in the
Secretary of Homeland Security by
section 902(j) of the Coast Guard and
Maritime Transportation Act of 2006
(Pub. L. 109–241, 120 Stat. 516), and
delegated to the Commandant of the
U.S. Coast Guard in Department of
Homeland Security Delegation No.
0170.1. The Commandant redelegated
the authority to establish anchorage
grounds to each Coast Guard District
Commander as provided in 33 CFR
1.05–1(e)(1)(i).
*
*
*
*
*
§ 109.07
[Amended]
15. Remove the parenthetical at the
end of § 109.07.
I 16. Revise § 109.10 to read as follows:
I
§ 109.10
7. Remove § 100.103.
§ 100.104
I
[Removed]
a. Revise paragraph (a) to read as set
out below; and,
I b. Remove the parenthetical at the end
of the section.
I
Special anchorage areas.
An Act of Congress of April 22, 1940,
provides for the designation of special
anchorage areas wherein vessels not
more than sixty-five feet in length, when
at anchor, will not be required to carry
or exhibit anchorage lights. Such
designation is to be made after
investigation, by rule, regulation, or
order, the procedure for which will be
similar to that followed for anchorage
grounds under section 7 of the Rivers
and Harbors Act of March 4, 1915, as
referred to in § 109.05. The areas so
designated should be well removed
from the fairways and located where
general navigation will not endanger or
be endangered by unlighted vessels. The
authority to designate special anchorage
areas was transferred to and vested in
the Secretary of Homeland Security by
section 902(j) of the Coast Guard and
Maritime Transportation Act of 2006
(Pub. L. 109–241, 120 Stat 516), and
delegated to the Commandant of the
U.S. Coast Guard in Department of
Homeland Security Delegation No.
0170.1. The Commandant redelegated
the authority to establish anchorage
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grounds to each Coast Guard District
Commander as provided in 33 CFR
1.05–1(e)(1)(i).
Oversight Branch’’, and add, in its
place, ‘‘Coast Guard Sector New York,
Waterways Management Division’’.
§ 109.15
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
[Amended]
17. In § 109.15, remove ‘‘guard’’, and
add, in its place, ‘‘Guard’’.
I
21. Revise the authority citation for
part 117 to read as follows:
18. The authority citation for part 110
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
PART 147—SAFETY ZONES
§ 110.60
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 0170.1.
[Amended]
19. In § 110.60, remove
paragraph(x)(4), Table 110.60(x)(4), and
Figure 110.60(x)(4).
I
§ 110.155
[Amended]
I 20. In § 110.155(l)(8), remove ‘‘Coast
Guard Activities New York, Waterways
24. Revise § 150.930 to read as
follows:
I
I
PART 110—ANCHORAGE
REGULATIONS
Authority: 33 U.S.C. 1231, 1321(j)(1)(C),
(j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O.
12777, sec. 2; E.O. 13286, sec. 34, 68 FR
10619; Department of Homeland Security
Delegation No. 0170.1 (70), (73), (75), (80).
22. Revise the authority citation for
part 147 to read as follows:
I
PART 150—-DEEPWATER PORTS:
OPERATION
23. The authority citation for part 150
continues to read as follows:
I
§ 150.930 What datum is used for the
geographic coordinates in this subpart?
The geographic coordinates used in
this subpart have been revised to enable
plotting using the North American
Datum of 1983 (NAD 83) and no longer
require the use of any further
conversion factors for correction.
I 25. Revise § 150.940 to read as
follows:
§ 150.940 Safety zones for specific
deepwater ports.
(a) Louisiana Offshore Oil Port
(LOOP). (1) The location of the safety
zone for LOOP is as described in Table
150.940(A):
TABLE 150.940(A).—SAFETY ZONE FOR LOOP, GULF OF MEXICO
Plotting guidance
Latitude N
Longitude W
(i) Starting at
(ii) A rhumb line to:
(iii) Then an arc with a 4,465 meter (4,883 yard) radius centered at the port’s pumping platform complex
(iv) To a point
(v) Then a rhumb line to
(vi) Then a rhumb line to
(vii) Then a rhumb line to
(viii) Then a rhumb line to
(ix) Then a rhumb line to
(x) Then a rhumb line to
(xi) Then a rhumb line to
(xii) Then an arc with a 4,465 meter (4,883 yard) radius centered again at the port’s pumping platform
complex
(xiii) To the point of starting
28°55′24″
28°53′51″
90°00′37″
90°04′07″
28°53′07″
28°51′08″
28°50′10″
28°49′06″
28°48′37″
28°52′05″
28°53′11″
28°54′53″
28°54′53″
90°01′30″
90°03′06″
90°02′24″
89°55′54″
89°55′00″
89°52′42″
89°53′42″
89°57′00″
89°59′36″
..............................
28°55′24″
..............................
90°00′37″
(2) The areas to be avoided within the
safety zone are:
(i) The area encompassed within a
circle having a 600 meter radius around
the port’s pumping platform complex
and centered at 28°53′07″ N, 90°01′30″
W.
(ii) The six areas encompassed within
a circle having a 500 meter radius
around each single point mooring (SPM)
at the port and centered at:
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Latitude N
Longitude W
28°54′13″
28°53′17″
28°52′16″
28°51′46″
28°52′09″
28°53′08″
90°00′37″
89°59′59″
90°00′19″
90°01′25″
90°02′33″
90°03′02″
(3) The anchorage area within the
safety zone is an area enclosed by the
rhumb lines joining points at:
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Latitude N
Longitude W
28°52′22″
28°54′06″
28°52′05″
28°50′21″
28°52′22″
89°57′47″
89°56′38″
89°52′42″
89°53′51″
89°57′47″
(b) The Gulf Gateway Deepwater Port
(GGDWP)—(1) Description. The GGDWP
safety zone is centered at the following
coordinates: 28°05′17″ N, 93°03′07″ W.
This safety zone, encompassed within a
circle having a 500 meter radius around
the primary component of the Gulf
Gateway Deepwater Port, the submerged
loading turret (buoy) and the pipeline
end manifold (STL/PLEM), is located
approximately 116 miles off the
Louisiana coast at West Cameron Area,
South Addition Block 603 ‘‘A’’.
(i) A mandatory no anchoring area
contained within a circle of radius 1,500
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meters centered on the following
geographical position is designated as a
mandatory no anchoring area: 28°05′17″
N, 93°03′07″ W.
(ii) An area to be avoided within a
circle of radius 2,000 meters centered on
the following geographical position is
designated as an area to be avoided:
28°05′17″ N, 93°03′07″ W.
(2) Regulations. Deepwater port
support vessels desiring to enter the
safety zone must contact and obtain
permission from the LNG Regasification
Vessel (LNGRV) stationed at the
deepwater port. The LNGRV can be
contacted on VHF–FM Channel 13.
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PART 151—VESSELS CARRYING OIL,
NOXIOUS LIQUID SUBSTANCES,
GARBAGE, MUNICIPAL OR
COMMERCIAL WASTE, AND BALLAST
WATER
26. Revise the authority citation for
part 151 to read as follows:
I
Authority: 33 U.S.C. 1321, 1903, 1908; 46
U.S.C. 6101; Pub. L. 104–227 (110 Stat.
3034); E.O. 12,777, 3 CFR, 1991 Comp. p.
351; Department of Homeland Security
Delegation No. 0170.1.
§ 151.09
[Amended]
27. In § 151.09—
A. Remove the note following
paragraph (d); and
I B. Add a note between paragraphs
(b)(3) and (b)(4) to read ‘‘Note to
§ 151.09(b)(3): The term internal waters
is defined in § 2.24 of this chapter.’’
I
I
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
70114, 70117; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
29. Amend § 161.35 by revising the
entry for Sims Bayou in Table 161.35(B)
and revising Table 161.35(C) to read as
follows:
I
PART 161—VESSEL TRAFFIC
MANAGEMENT
§ 161.35 Vessel Traffic Service Houston/
Galveston.
28. The authority citation for part 161
continues to read as follows:
*
I
*
*
*
*
(b) Precautionary Areas.
TABLE 161.35(B).—VTS HOUSTON/GALVESTON PRECAUTIONARY AREAS
*
*
*
*
*
Sims Bayou ..........................................................................................................................................
*
*
*
Center point
Radius
(yds.)
Precautionary area name
*
Latitude
Longitude
29° 43.2′ N
*
95° 14.4′ W
*
1000
*
*
*
(c) Reporting Points.
TABLE 161.35(C).—VTS HOUSTON/GALVESTON REPORTING POINTS
Latitude/ longitude
Geographic name
Geographic description
1 ................
Galveston Bay Entrance Channel ...
2 ................
Galveston Bay Entrance Channel ...
E ...............
Bolivar Land Cut ..............................
W ..............
Pelican Cut ......................................
Galveston Bay Entrance CH Lighted
Buoy (LB) ‘‘1C’’.
Galveston Bay Entrance Channel
LB 11 and 12.
Mile 349 Intracoastal Waterway
(ICW).
Mile 351 ICW ...................................
G ...............
Galveston Harbor .............................
Galveston Channel Lt. 2 ..................
T ...............
Texas City Channel .........................
Texas City Channel Lt. 12 ...............
X ...............
3 ................
Houston Ship Channel ICW Intersection.
Lower Galveston Bay ......................
Houston Ship Channel (HSC) LB 25
and 26.
HSC Lt. 31 and LB 32 .....................
4 ................
Red Fish Bar ....................................
HSC Lt. 53 & 54 ..............................
P ...............
Bayport Ship Channel ......................
Bayport Ship Channel Lt. 8 and 9 ...
4A .............
Upper Galveston Bay ......................
HSC Lt. 69 and 70 ...........................
5 ................
Morgan’s Point .................................
HSC Lt. 91 .......................................
6 ................
Exxon ...............................................
HSC Lt. 109A ...................................
7 ................
Lynchburg ........................................
Ferry crossing ..................................
8 ................
Shell Oil ...........................................
Boggy Bayou ...................................
9 ................
mstockstill on PROD1PC66 with RULES
Designator
Greens Bayou ..................................
HSC Lt. 152 .....................................
10 ..............
Hunting Bayou .................................
Hunting Bayou Turning Basin. .........
11 ..............
Lyondell ............................................
Sims Bayou Turning Basin. .............
12 ..............
I–610 Bridge ....................................
I–610 Bridge ....................................
VerDate Aug<31>2005
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Frm 00026
Fmt 4700
Sfmt 4700
Notes
29° 18.2′ N;
94° 37.6′ W
29° 20.6′ N;
94° 44.6′ W
29° 22.5′ N;
94° 46.9′ W
29° 21.4′ N;
94° 48.5′ W
29° 20.2′ N;
94° 46.6′ W
29° 22.4′ N;
94° 50.9′ W
29° 22.2′ N;
94° 48.1′ W
29° 23.8′ N;
94° 48.9′ W
29° 30.3′ N;
94° 52.4′ W
29° 36.8′ N;
94° 59.5′ W
29° 34.7′ N;
94° 55.8′ W
29° 41.0′ N;
94° 59.0′ W
29° 43.5′ N;
95° 01.4′ W
29° 45.8′ N;
95° 04.8′ W
29° 44.1′ N;
95° 08.0′ W
29° 44.8′ N;
95° 10.1′ W
29° 44.4′ N;
95° 12.1′ W
29° 43.2′ N;
95° 14.4′ W
29° 43.5′ N;
95° 16.0′ W
E:\FR\FM\16AUR1.SGM
Tows entering HSC also report at
HSC LB 25 & 26.
Tows entering HSC also report at
HSC LB 25 & 26.
Coast Guard Base.
Tow entering HSC from ICW or
Texas Cut Only.
Bayport Land Cut.
Tows only.
16AUR1
Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations
45905
TABLE 161.35(C).—VTS HOUSTON/GALVESTON REPORTING POINTS—Continued
Latitude/ longitude
Designator
Geographic name
Geographic description
13 ..............
Buffalo Bayou ..................................
Houston Turning Basin ....................
Dated: August 9, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E7–15957 Filed 8–15–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–84559]
Louisiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: Louisiana has applied to the
EPA for final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). The EPA has
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
rule to authorize the changes without a
prior proposal because we believe this
action is not controversial and do not
expect comments that oppose it. Unless
we receive written comments which
oppose this authorization during the
comment period, the decision to
authorize Louisiana’s changes to its
hazardous waste program will take
effect. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will
become effective on October 15, 2007,
unless the EPA receives adverse written
comment by September 17, 2007. If the
EPA receives such comment, it will
publish a timely withdrawal of this
immediate final rule in the Federal
Register and inform the public that this
authorization will not take effect.
VerDate Aug<31>2005
16:47 Aug 15, 2007
Jkt 211001
29° 45.0′ N;
95° 17.4′ W
Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or e-mail. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to the EPA without
going through regulations.gov, your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses. You can view and
copy Louisiana’s application and
associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday
through Friday at the following
locations: Louisiana Department of
Environmental Quality, 602 N. Fifth
Street, Baton Rouge, Louisiana 70884–
2178, phone number (225) 219–3559
and EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
ADDRESSES:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
Notes
number (214) 665–8533. Interested
persons wanting to examine these
documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6, Regional
Authorization Coordinator, State-Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, EPA
Region 1445 Ross Avenue, Dallas, Texas
75202–2733, (214) 665–8533) and e-mail
address patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and
279.
B. What Decisions Have We Made in
This Rule?
We conclude that Louisiana’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Louisiana
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Louisiana has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45900-45905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15957]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 2, 64, 100, 109, 110, 117, 147, 150, 151, and 161
[USCG-2007-27887]
RIN 1625-ZA13
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 August 16, 2007.
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-2007-27887 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 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 August 16, 2007, makes
technical and editorial corrections throughout Title 33. This rule does
not create any substantive requirements.
Discussion of Rule
This rule corrects the authority citations in parts 1, 64, 109,
117, 147, and 151. The explanations in Sec. Sec. 109.05(a) and 109.10
concerning the authority to regulate anchorage grounds and special
anchorage areas are also updated.
Five sections in part 100 pertaining to regattas and other marine
events, and one paragraph, a table, and a figure in part 110 pertaining
to the placement of mooring buoys are removed because they are obsolete
or redundant. A note in part 151 that references a definition has been
updated.
Additional amendments to parts 2, 64, 150, and 161 are:
33 CFR 2.32(c). The Coast Guard previously revised definitions of
jurisdictional terms in part 2, conforming them to statutory changes
and Presidential proclamations affecting Coast Guard jurisdiction (68
FR 42595, July 18, 2003). Those amendments inadvertently omitted wreck
and structure marking authority but were intended to incorporate the
traditional interpretation of ``high seas'' that existed before the
advent of the concept of an exclusive economic zone (EEZ). Prior to
those amendments, the meaning of ``high seas'' within the context of
Coast Guard wreck and structure marking authority, as applied to
persons subject to U.S. jurisdiction, was intended to be similar to how
the term ``high seas'' was understood in traditional maritime law
enforcement authority, 14 U.S.C. 89(a), and as defined by Congress in
the Intervention on the High Seas Act, 33 U.S.C. 1471, et seq. It was
not our intent, in promulgating the 2003 updates to jurisdictional
regulations, to change that application. Rather, our intent was to
maintain, insofar as possible, the existing jurisdictional authorities
of the Coast Guard to execute its missions, particularly with respect
to the definition of ``high seas'' (see 68 FR 42595-6).
[[Page 45901]]
33 CFR 64.06. A definition of ``high seas'' is added to the
section's list of definitions to make clear that the application of
this part remains unchanged by our amendments to 33 CFR Part 2 in 2003
(68 FR 42595, July 18, 2003).
33 CFR Part 150. The geographic coordinates in Sec. 150.940 have
been revised to enable plotting using the North American Datum of 1983,
and the description of the datum in Sec. 150.930 has been amended
accordingly.
33 CFR 161.35. The names, numbers, and locations of certain
navigation aids in the Houston/Galveston Vessel Traffic Service Area
have been updated in Tables 161.35(B) and (C).
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. We expect the economic impact of this rule to be so minimal
that a full Regulatory Evaluation 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.
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 such an expenditure, 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, paragraphs (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 2
Administrative practice and procedure, Law enforcement.
[[Page 45902]]
33 CFR Part 64
Navigation (water), Reporting and recordkeeping requirements.
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 109
Anchorage grounds.
33 CFR Part 110
Anchorage grounds.
33 CFR Part 117
Bridges, Reporting and recordkeeping requirements.
33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
33 CFR Part 150
Harbors, Marine safety, Navigation (water), Occupational safety and
health, Oil pollution, Reporting and recordkeeping requirements.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties.
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 1, 2, 64, 100, 109, 110, 117, 147, 150, 151, and 161.
Title 33--Navigation and Navigable Waters
PART 1--GENERAL PROVISIONS
0
1. In subpart 1.05, revise the authority citation to read as follows:
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland
Security Delegation No. 0170.1.
PART 2--JURISDICTION
0
2. The authority citation for part 2 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L.89-670, 80
Stat. 931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6
U.S.C. 101 not and 468; Department of homeland Security Delegation
No. 0170.1.
0
3. In Sec. 2.32, revise paragraph (c) to read as follows:
Sec. 2.32 High seas.
* * * * *
(c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C.
409, and 33 U.S.C. 1471 et seq., high seas includes the exclusive
economic zones of the United States and other nations, as well as those
waters that are seaward of territorial seas of the United States and
other nations.
* * * * *
PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER
OBSTRUCTIONS
0
4. Revise the authority citation for part 64 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.
0170.1.
0
5. In Sec. 64.06, add a new definition for ``high seas'' between
``Hazard to navigation'' and ``Markings'' to read as follows:
Sec. 64.06 Definition of terms.
* * * * *
High seas means those waters described in Sec. 2.32(c) of this
chapter.
* * * * *
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
6. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
Sec. 100.103 [Removed]
0
7. Remove Sec. 100.103.
Sec. 100.104 [Removed]
0
8. Remove Sec. 100.104.
Sec. 100.120 [Removed]
0
9. Remove Sec. 100.120.
Sec. 100.121 [Removed]
0
10. Remove Sec. 100.121.
Sec. 100.122 [Removed]
0
11. Remove Sec. 100.122.
PART 109--GENERAL
0
12. Revise the authority citation for part 109 to read as follows:
Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30
Stat. 98, as amended, sec. 7, 38 Stat. 1053, as amended, sec.
6(g)(1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C.
1655(g)(1); Pub. L. 107-296, 116 Stat. 2135; Department of Homeland
Security Delegation No. 0170.1.
Sec. 109.01 [Amended]
0
13. Remove the parenthetical at the end of Sec. 109.01.
0
14. In Sec. 109.05--
0
a. Revise paragraph (a) to read as set out below; and,
0
b. Remove the parenthetical at the end of the section.
Sec. 109.05 Anchorage grounds.
(a) Section 7 of the Rivers and Harbors Act of March 4, 1915 (33
U.S.C. 471), authorizes the establishment of anchorage grounds for
vessels in navigable waters of the United States whenever it is
apparent that these are required by the maritime or commercial
interests of the United States for safe navigation. The statute also
authorizes the adoption of suitable rules and regulations regarding the
establishment of anchorage grounds, which are enforced by the Coast
Guard. The authority conferred by this statute was transferred to and
vested in the Secretary of Homeland Security by section 902(j) of the
Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241,
120 Stat. 516), and delegated to the Commandant of the U.S. Coast Guard
in Department of Homeland Security Delegation No. 0170.1. The
Commandant redelegated the authority to establish anchorage grounds to
each Coast Guard District Commander as provided in 33 CFR 1.05-
1(e)(1)(i).
* * * * *
Sec. 109.07 [Amended]
0
15. Remove the parenthetical at the end of Sec. 109.07.
0
16. Revise Sec. 109.10 to read as follows:
Sec. 109.10 Special anchorage areas.
An Act of Congress of April 22, 1940, provides for the designation
of special anchorage areas wherein vessels not more than sixty-five
feet in length, when at anchor, will not be required to carry or
exhibit anchorage lights. Such designation is to be made after
investigation, by rule, regulation, or order, the procedure for which
will be similar to that followed for anchorage grounds under section 7
of the Rivers and Harbors Act of March 4, 1915, as referred to in Sec.
109.05. The areas so designated should be well removed from the
fairways and located where general navigation will not endanger or be
endangered by unlighted vessels. The authority to designate special
anchorage areas was transferred to and vested in the Secretary of
Homeland Security by section 902(j) of the Coast Guard and Maritime
Transportation Act of 2006 (Pub. L. 109-241, 120 Stat 516), and
delegated to the Commandant of the U.S. Coast Guard in Department of
Homeland Security Delegation No. 0170.1. The Commandant redelegated the
authority to establish anchorage
[[Page 45903]]
grounds to each Coast Guard District Commander as provided in 33 CFR
1.05-1(e)(1)(i).
Sec. 109.15 [Amended]
0
17. In Sec. 109.15, remove ``guard'', and add, in its place,
``Guard''.
PART 110--ANCHORAGE REGULATIONS
0
18. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
Sec. 110.60 [Amended]
0
19. In Sec. 110.60, remove paragraph(x)(4), Table 110.60(x)(4), and
Figure 110.60(x)(4).
Sec. 110.155 [Amended]
0
20. In Sec. 110.155(l)(8), remove ``Coast Guard Activities New York,
Waterways Oversight Branch'', and add, in its place, ``Coast Guard
Sector New York, Waterways Management Division''.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
21. Revise the authority citation for part 117 to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
PART 147--SAFETY ZONES
0
22. Revise the authority citation for part 147 to read as follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; Department of Homeland
Security Delegation No. 0170.1.
PART 150---DEEPWATER PORTS: OPERATION
0
23. The authority citation for part 150 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6),
(m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34,
68 FR 10619; Department of Homeland Security Delegation No. 0170.1
(70), (73), (75), (80).
0
24. Revise Sec. 150.930 to read as follows:
Sec. 150.930 What datum is used for the geographic coordinates in
this subpart?
The geographic coordinates used in this subpart have been revised
to enable plotting using the North American Datum of 1983 (NAD 83) and
no longer require the use of any further conversion factors for
correction.
0
25. Revise Sec. 150.940 to read as follows:
Sec. 150.940 Safety zones for specific deepwater ports.
(a) Louisiana Offshore Oil Port (LOOP). (1) The location of the
safety zone for LOOP is as described in Table 150.940(A):
Table 150.940(A).--Safety Zone for LOOP, Gulf of Mexico
------------------------------------------------------------------------
Plotting guidance Latitude N Longitude W
------------------------------------------------------------------------
(i) Starting at 28[deg]55'24'' 90[deg]00'37''
(ii) A rhumb line to: 28[deg]53'51'' 90[deg]04'07''
(iii) Then an arc with a 4,465 28[deg]53'07'' 90[deg]01'30''
meter (4,883 yard) radius
centered at the port's pumping
platform complex
(iv) To a point 28[deg]51'08'' 90[deg]03'06''
(v) Then a rhumb line to 28[deg]50'10'' 90[deg]02'24''
(vi) Then a rhumb line to 28[deg]49'06'' 89[deg]55'54''
(vii) Then a rhumb line to 28[deg]48'37'' 89[deg]55'00''
(viii) Then a rhumb line to 28[deg]52'05'' 89[deg]52'42''
(ix) Then a rhumb line to 28[deg]53'11'' 89[deg]53'42''
(x) Then a rhumb line to 28[deg]54'53'' 89[deg]57'00''
(xi) Then a rhumb line to 28[deg]54'53'' 89[deg]59'36''
(xii) Then an arc with a 4,465 .................. ..................
meter (4,883 yard) radius
centered again at the port's
pumping platform complex
(xiii) To the point of starting 28[deg]55'24'' 90[deg]00'37''
------------------------------------------------------------------------
(2) The areas to be avoided within the safety zone are:
(i) The area encompassed within a circle having a 600 meter radius
around the port's pumping platform complex and centered at
28[deg]53'07'' N, 90[deg]01'30'' W.
(ii) The six areas encompassed within a circle having a 500 meter
radius around each single point mooring (SPM) at the port and centered
at:
------------------------------------------------------------------------
Latitude N Longitude W
------------------------------------------------------------------------
28[deg]54'13'' 90[deg]00'37''
28[deg]53'17'' 89[deg]59'59''
28[deg]52'16'' 90[deg]00'19''
28[deg]51'46'' 90[deg]01'25''
28[deg]52'09'' 90[deg]02'33''
28[deg]53'08'' 90[deg]03'02''
------------------------------------------------------------------------
(3) The anchorage area within the safety zone is an area enclosed
by the rhumb lines joining points at:
------------------------------------------------------------------------
Latitude N Longitude W
------------------------------------------------------------------------
28[deg]52'22'' 89[deg]57'47''
28[deg]54'06'' 89[deg]56'38''
28[deg]52'05'' 89[deg]52'42''
28[deg]50'21'' 89[deg]53'51''
28[deg]52'22'' 89[deg]57'47''
------------------------------------------------------------------------
(b) The Gulf Gateway Deepwater Port (GGDWP)--(1) Description. The
GGDWP safety zone is centered at the following coordinates:
28[deg]05'17'' N, 93[deg]03'07'' W. This safety zone, encompassed
within a circle having a 500 meter radius around the primary component
of the Gulf Gateway Deepwater Port, the submerged loading turret (buoy)
and the pipeline end manifold (STL/PLEM), is located approximately 116
miles off the Louisiana coast at West Cameron Area, South Addition
Block 603 ``A''.
(i) A mandatory no anchoring area contained within a circle of
radius 1,500 meters centered on the following geographical position is
designated as a mandatory no anchoring area: 28[deg]05'17'' N,
93[deg]03'07'' W.
(ii) An area to be avoided within a circle of radius 2,000 meters
centered on the following geographical position is designated as an
area to be avoided: 28[deg]05'17'' N, 93[deg]03'07'' W.
(2) Regulations. Deepwater port support vessels desiring to enter
the safety zone must contact and obtain permission from the LNG
Regasification Vessel (LNGRV) stationed at the deepwater port. The
LNGRV can be contacted on VHF-FM Channel 13.
[[Page 45904]]
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
26. Revise the authority citation for part 151 to read as follows:
Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L.
104-227 (110 Stat. 3034); E.O. 12,777, 3 CFR, 1991 Comp. p. 351;
Department of Homeland Security Delegation No. 0170.1.
Sec. 151.09 [Amended]
0
27. In Sec. 151.09--
0
A. Remove the note following paragraph (d); and
0
B. Add a note between paragraphs (b)(3) and (b)(4) to read ``Note to
Sec. 151.09(b)(3): The term internal waters is defined in Sec. 2.24
of this chapter.''
PART 161--VESSEL TRAFFIC MANAGEMENT
0
28. The authority citation for part 161 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
29. Amend Sec. 161.35 by revising the entry for Sims Bayou in Table
161.35(B) and revising Table 161.35(C) to read as follows:
Sec. 161.35 Vessel Traffic Service Houston/Galveston.
* * * * *
(b) Precautionary Areas.
Table 161.35(B).--VTS Houston/Galveston Precautionary Areas
------------------------------------------------------------------------
Center point
Precautionary area name Radius -------------------------------
(yds.) Latitude Longitude
------------------------------------------------------------------------
* * * * * * *
Sims Bayou................... 1000 29[deg] 43.2' 95[deg] 14.4'
N W
* * * * * * *
------------------------------------------------------------------------
(c) Reporting Points.
Table 161.35(C).--VTS Houston/Galveston Reporting Points
----------------------------------------------------------------------------------------------------------------
Latitude/
Designator Geographic name Geographic description longitude Notes
----------------------------------------------------------------------------------------------------------------
1.................... Galveston Bay Entrance Galveston Bay Entrance 29[deg] 18.2'
Channel. CH Lighted Buoy (LB) N; 94[deg]
``1C''. 37.6' W
2.................... Galveston Bay Entrance Galveston Bay Entrance 29[deg] 20.6'
Channel. Channel LB 11 and 12. N; 94[deg]
44.6' W
E.................... Bolivar Land Cut....... Mile 349 Intracoastal 29[deg] 22.5' Tows entering HSC also
Waterway (ICW). N; 94[deg] report at HSC LB 25 &
46.9' W 26.
W.................... Pelican Cut............ Mile 351 ICW........... 29[deg] 21.4' Tows entering HSC also
N; 94[deg] report at HSC LB 25 &
48.5' W 26.
G.................... Galveston Harbor....... Galveston Channel Lt. 2 29[deg] 20.2' Coast Guard Base.
N; 94[deg]
46.6' W
T.................... Texas City Channel..... Texas City Channel Lt. 29[deg] 22.4'
12. N; 94[deg]
50.9' W
X.................... Houston Ship Channel Houston Ship Channel 29[deg] 22.2' Tow entering HSC from
ICW Intersection. (HSC) LB 25 and 26. N; 94[deg] ICW or Texas Cut Only.
48.1' W
3.................... Lower Galveston Bay.... HSC Lt. 31 and LB 32... 29[deg] 23.8'
N; 94[deg]
48.9' W
4.................... Red Fish Bar........... HSC Lt. 53 & 54........ 29[deg] 30.3'
N; 94[deg]
52.4' W
P.................... Bayport Ship Channel... Bayport Ship Channel 29[deg] 36.8' Bayport Land Cut.
Lt. 8 and 9. N; 94[deg]
59.5' W
4A................... Upper Galveston Bay.... HSC Lt. 69 and 70...... 29[deg] 34.7' Tows only.
N; 94[deg]
55.8' W
5.................... Morgan's Point......... HSC Lt. 91............. 29[deg] 41.0'
N; 94[deg]
59.0' W
6.................... Exxon.................. HSC Lt. 109A........... 29[deg] 43.5'
N; 95[deg]
01.4' W
7.................... Lynchburg.............. Ferry crossing......... 29[deg] 45.8'
N; 95[deg]
04.8' W
8.................... Shell Oil.............. Boggy Bayou............ 29[deg] 44.1'
N; 95[deg]
08.0' W
9.................... Greens Bayou........... HSC Lt. 152............ 29[deg] 44.8'
N; 95[deg]
10.1' W
10................... Hunting Bayou.......... Hunting Bayou Turning 29[deg] 44.4'
Basin.. N; 95[deg]
12.1' W
11................... Lyondell............... Sims Bayou Turning 29[deg] 43.2'
Basin.. N; 95[deg]
14.4' W
12................... I-610 Bridge........... I-610 Bridge........... 29[deg] 43.5'
N; 95[deg]
16.0' W
[[Page 45905]]
13................... Buffalo Bayou.......... Houston Turning Basin.. 29[deg] 45.0'
N; 95[deg]
17.4' W
----------------------------------------------------------------------------------------------------------------
Dated: August 9, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E7-15957 Filed 8-15-07; 8:45 am]
BILLING CODE 4910-15-P
