Shipping; Technical, Organizational, and Conforming Amendments, 35959-35961 [E8-14293]
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Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
State
§ 67.11
35959
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
I
City/town/county
Source of flooding
Location
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
Modified
City of Sacramento, California
Docket No.: FEMA–B–7753
California ..........
City of Sacramento ...................
Natomas Basin .................
Area West of Natomas East Main Drainage Canal.
Area North of American River ..................
Area East of Sacramento River ................
* 33
* 33
* 33
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
City of Sacramento
Maps are available for inspection at Stormwater Management Program, 1395 35th Avenue, Sacramento, CA 95822.
Unincorporated Areas of Sacramento County, California
Docket No.: FEMA–B–7753
California
Unincorporated Areas of Sacramento County.
Natomas Basin .................
Area West of Natomas East Main Drainage Canal.
Area North of American River ..................
Area East of Sacramento River ................
* 33
* 33
* 33
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
ADDRESSES
Unincorporated Areas of Sacramento County
Maps are available for inspection at Municipal Services Agency, Department of Water Resources, 827 7th Street, Room 301, Sacramento, CA
95814.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: June 17, 2008.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–14327 Filed 6–24–08; 8:45 am]
BILLING CODE 9110–12–P
SUMMARY: This rule makes nonsubstantive changes to Title 46, part 31
of the Code of Federal Regulations. The
purpose of this rule is to make
conforming amendments and technical
corrections to Coast Guard shipping
regulations. Specifically, this final rule
updates 46 CFR 31.10–16 concerning
inspection and certification of
shipboard cargo gear. This rule will
have no substantive effect on the
regulated public.
DEPARTMENT OF HOMELAND
SECURITY
DATES:
Coast Guard
ADDRESSES:
46 CFR Part 31
[USCG–2008–0394]
jlentini on PROD1PC65 with RULES
RIN 1625–ZA18
Shipping; Technical, Organizational,
and Conforming Amendments
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
VerDate Aug<31>2005
18:16 Jun 24, 2008
Jkt 214001
This final rule is effective June
25, 2008.
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–2008–0394 and are
available for inspection or copying at
the Docket Management Facility, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
find this docket on the Internet at
https://www.regulations.gov.
If
you have questions on this rule, call
LCDR Reed Kohberger, CG–5232, Coast
Guard, telephone 202–372–1471. If you
have questions on viewing the docket,
call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents for Preamble
I. Regulatory History
II. Background and Purpose
III. Discussion of Rule
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates Reform Act
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
E:\FR\FM\25JNR1.SGM
25JNR1
35960
Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
L. Environment
A. Regulatory Planning and Review
I. 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.
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. As this rule involves internal
agency practices and procedures and
non-substantive changes, it will not
impose any costs on the public.
B. Small Entities
The Coast Guard periodically makes
technical amendments to Title 46 of the
Code of Federal Regulations. This rule,
which becomes effective June 25, 2008,
updates 46 CFR 31.10–16 concerning
inspection and certification of
shipboard cargo gear. This rule does not
create any substantive requirements.
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. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
final rule will not have a significant
economic impact on a substantial
number of small entities.
III. Discussion of Rule
C. Collection of Information
This rule adds the National Cargo
Bureau, Inc. (NCB) to 46 CFR 31.10–
16(e) as an organization authorized by
the Coast Guard to perform inspections
of shipboard cargo gear. In a letter dated
March 28, 2007, the Chief of the Office
of Vessel Activities, U.S. Coast Guard,
confirmed that the NCB is authorized to
perform such inspections, and has been
since 1960. In a Federal Register notice
dated December 24, 1960, the Coast
Guard announced that valid current
certificates and/or registers issued by
the NCB may be accepted as prima facie
evidence of the condition of such gear.
25 FR 13730. The letter and notice are
available under docket number USCG–
2008–0394 where indicated under the
ADDRESSES section of this preamble.
This technical amendment will afford
the public appropriate notice of the
NCB’s existing authorization to conduct
shipboard cargo gear inspections.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
II. Background and Purpose
jlentini on PROD1PC65 with RULES
IV. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 12 of these statutes or executive
orders.
VerDate Aug<31>2005
18:16 Jun 24, 2008
Jkt 214001
D. 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.
E. 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.
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 73, No. 123 / Wednesday, June 25, 2008 / Rules and Regulations
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.
L. Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, 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 in 46 CFR Part 31
Cargo vessels, Marine safety,
Reporting and recordkeeping
requirements.
I For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 31 as follows:
PART 31—INSPECTION AND
CERTIFICATION
1. The authority citation for part 31
continues to read as follows:
I
Authority: 33 U.S.C. 1321(j); 46 U.S.C.
2103, 3205, 3306, 3307, 3703; 46 U.S.C.
Chapter 701; 49 U.S.C. 5103, 5106; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; Department of Homeland
Security Delegation No. 0170.1. Section
31.10–21 also issued under the authority of
Sect. 4109, Pub. L. 101–380, 104 Stat. 515.
I 2. In § 31.10–16, revise paragraph (e)
to read as follows:
§ 31.10–16 Inspection and certification of
cargo gear-TB/ALL.
jlentini on PROD1PC65 with RULES
*
*
*
*
*
(e) The authorization for organizations
to perform the required inspection is
granted by the Chief, Office of Vessel
Activities, Commandant (CG–543), and
will continue until superseded,
canceled, or modified. The following
organizations are currently recognized
VerDate Aug<31>2005
18:16 Jun 24, 2008
Jkt 214001
by the Commandant (CG–543) as having
the technical competence to handle the
required inspection:
(1) National Cargo Bureau, Inc., with
home offices at 17 Battery Place, Suite
1232, New York, NY 10004.
(2) The International Cargo Gear
Bureau, Inc., with home office at 321
West 44th Street, New York, NY 10036.
Dated: June 19, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E8–14293 Filed 6–24–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 40
[Docket No. OST–2003–15245]
RIN 2105–AD55
Procedures for Transportation
Workplace Drug and Alcohol Testing
Programs
Office of the Secretary, DOT.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of
Transportation is amending certain
provisions of its drug and alcohol
testing procedures to change
instructions to collectors, laboratories,
medical review officers, and employers
regarding adulterated, substituted,
diluted, and invalid urine specimen
results. These changes are intended to
create consistency with specimen
validity requirements established by the
U.S. Department of Health and Human
Services and to clarify and integrate
some measures taken in two of our own
Interim Final Rules. This Final Rule
makes specimen validity testing
mandatory within the regulated
transportation industries.
DATES: This rule is effective August 25,
2008.
FOR FURTHER INFORMATION CONTACT: Jim
L. Swart, Acting Director (S–1), U.S.
Department of Transportation, Office of
Drug and Alcohol Policy and
Compliance, 1200 New Jersey Avenue,
SE., Washington, DC 20590; telephone
number (202) 366–3784 (voice), (202)
366–3897 (fax), or jim.swart@dot.gov (email).
SUPPLEMENTARY INFORMATION:
Background
The Omnibus Transportation
Employee Testing Act of 1991, 49 U.S.C.
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Frm 00079
Fmt 4700
Sfmt 4700
35961
31300, et seq., 49 U.S.C. 20100, et seq.,
49 U.S.C. 5330, et seq., and 49 U.S.C.
45100, et seq. (the Omnibus Act),
requires the U.S. Department of
Transportation (DOT) to use the
laboratories certified by, and testing
procedures of, the U.S. Department of
Health and Human Services (HHS) to
ensure ‘‘the complete reliability and
accuracy of controlled substances tests.’’
Since Congress specifically limited the
scientific testing methodology upon
which the DOT can rely in making its
drug and alcohol testing regulations, we
follow the HHS scientific and technical
guidelines, including the amendments
to their Mandatory Guidelines.
In its final rule of December 2000 [65
FR 79526], the U.S. Department of
Transportation (DOT) made specimen
validity testing (SVT) mandatory for the
transportation industry contingent upon
the HHS publishing its Mandatory
Guidelines on SVT. DOT anticipated
that HHS would, sometime in 2001,
amend its Mandatory Guidelines to
establish SVT requirements for HHScertified laboratories. When it appeared
that HHS would not establish final SVT
requirements in 2001, we amended 49
CFR part 40 (part 40) to remove the
mandatory requirement. We believed it
advisable to wait until HHS completed
its amendment before making SVT
mandatory throughout the
transportation industries for all DOT
specimens.
On August 9, 2001, the DOT amended
part 40 [66 FR 41952] to remove the
mandatory requirement because HHS
had not finalized its Mandatory
Guidelines regarding SVT. SVT would
remain authorized but not required.
The DOT issued a May 28, 2003
interim final rule (2003 IFR) [68 FR
31626] in response to scientific and
medical information suggesting we
modify testing criteria for some
specimens that had been considered to
be substituted and ultimately were
treated as refusals to test. The 2003 IFR
modified how the medical review
officer (MRO) would deal with any
substituted result with creatinine
concentrations equal to or greater than
2, but less than or equal to 5 mg/dL
[hereafter, ‘‘2–5 mg/dL range’’]. It did
not change the HHS substitution criteria
that we had used.
On April 13, 2004, the HHS published
a Federal Register notice revising its
Mandatory Guidelines [69 FR 19644]
with an effective date of November 1,
2004. Among the revisions contained in
the HHS Mandatory Guidelines were
requirements that laboratories modify
substituted and diluted specimen
testing procedures and reporting
criteria. The HHS also revised
E:\FR\FM\25JNR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Rules and Regulations]
[Pages 35959-35961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14293]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 31
[USCG-2008-0394]
RIN 1625-ZA18
Shipping; Technical, Organizational, and Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule makes non-substantive changes to Title 46, part 31
of the Code of Federal Regulations. The purpose of this rule is to make
conforming amendments and technical corrections to Coast Guard shipping
regulations. Specifically, this final rule updates 46 CFR 31.10-16
concerning inspection and certification of shipboard cargo gear. This
rule will have no substantive effect on the regulated public.
DATES: This final rule is effective June 25, 2008.
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-2008-0394 and are available for inspection or
copying at the Docket Management Facility, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
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://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call LCDR Reed Kohberger, CG-5232, Coast Guard, telephone 202-372-1471.
If you have questions on viewing the docket, call Ms. Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Regulatory History
II. Background and Purpose
III. Discussion of Rule
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates Reform Act
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
[[Page 35960]]
L. Environment
I. 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.
II. Background and Purpose
The Coast Guard periodically makes technical amendments to Title 46
of the Code of Federal Regulations. This rule, which becomes effective
June 25, 2008, updates 46 CFR 31.10-16 concerning inspection and
certification of shipboard cargo gear. This rule does not create any
substantive requirements.
III. Discussion of Rule
This rule adds the National Cargo Bureau, Inc. (NCB) to 46 CFR
31.10-16(e) as an organization authorized by the Coast Guard to perform
inspections of shipboard cargo gear. In a letter dated March 28, 2007,
the Chief of the Office of Vessel Activities, U.S. Coast Guard,
confirmed that the NCB is authorized to perform such inspections, and
has been since 1960. In a Federal Register notice dated December 24,
1960, the Coast Guard announced that valid current certificates and/or
registers issued by the NCB may be accepted as prima facie evidence of
the condition of such gear. 25 FR 13730. The letter and notice are
available under docket number USCG-2008-0394 where indicated under the
ADDRESSES section of this preamble. This technical amendment will
afford the public appropriate notice of the NCB's existing
authorization to conduct shipboard cargo gear inspections.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 12 of these statutes or executive orders.
A. Regulatory Planning and Review
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. As this rule involves internal agency
practices and procedures and non-substantive changes, it will not
impose any costs on the public.
B. 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. The Coast
Guard certifies under 5 U.S.C. 605(b) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
C. 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).
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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
[[Page 35961]]
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.
L. Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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 in 46 CFR Part 31
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR part 31 as follows:
PART 31--INSPECTION AND CERTIFICATION
0
1. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307,
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 31.10-21 also issued under the authority of Sect.
4109, Pub. L. 101-380, 104 Stat. 515.
0
2. In Sec. 31.10-16, revise paragraph (e) to read as follows:
Sec. 31.10-16 Inspection and certification of cargo gear-TB/ALL.
* * * * *
(e) The authorization for organizations to perform the required
inspection is granted by the Chief, Office of Vessel Activities,
Commandant (CG-543), and will continue until superseded, canceled, or
modified. The following organizations are currently recognized by the
Commandant (CG-543) as having the technical competence to handle the
required inspection:
(1) National Cargo Bureau, Inc., with home offices at 17 Battery
Place, Suite 1232, New York, NY 10004.
(2) The International Cargo Gear Bureau, Inc., with home office at
321 West 44th Street, New York, NY 10036.
Dated: June 19, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E8-14293 Filed 6-24-08; 8:45 am]
BILLING CODE 4910-15-P
