Shipping; Vessel Inspections; Technical and Conforming Amendments, 63617-63672 [E9-28473]

Download as PDF 63617 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations TABLE 1—GENERAL SUPERFUND SECTION—Continued State Site name City/county Notes a * PA ..................... * * * * * BoRit Asbetos .............................................................................................................................. Ambler. * * SC .................... * * * * * Barite Hill/Nevada Goldfields ....................................................................................................... McCormick. * * TX ..................... * * * * * Attebury Grain Storage Facility .................................................................................................... Happy. * * * * * * 46 CFR Parts 2, 24, 30, 70, 90, 114, 175, and 188 FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Reed Kohberger, Coast Guard Headquarters, Washington, DC, telephone 202–372–1471, Reed.H.Kohberger@uscg.mil. If you have questions on viewing the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–493– 0402. SUPPLEMENTARY INFORMATION: [USCG–2008–1107] Table of Contents for Preamble RIN 1625–ZA21 I. Abbreviations II. Regulatory History III. Background and Purpose IV. Regulatory Analysis 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 L. Environment [FR Doc. Z9–7825 Filed 12–3–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HOMELAND SECURITY Coast Guard Shipping; Vessel Inspections; Technical and Conforming Amendments Coast Guard, DHS. Final rule. AGENCY: jlentini on DSKJ8SOYB1PROD with RULES ACTION: SUMMARY: This rule makes a nonsubstantive change to the definition of ‘‘ferry’’ in 46 CFR. The purpose of this rule is to incorporate into Coast Guard regulations the statutory definition of ‘‘ferry’’ found at 46 U.S.C. 2101(10)(b), as amended by the Coast Guard and Maritime Transportation Act of 2006. This rule will have no substantive effect on ferry vessel owners or operators or other members of the public. DATES: This final rule is effective December 4, 2009. 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–2008–1107 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, 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 by going to http://regulations.gov, inserting USCG–2008–1107 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 I. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking U.S.C. United States Code II. Regulatory History We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing an NPRM for the revision in the rule because it is a non-substantive change. These changes will have no substantive effect on the public beyond what is already required by statute; therefore, it is unnecessary to publish an NPRM because these regulatory revisions are already mandated by law. Notice and public procedures are unnecessary because public comment on this rulemaking will PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 * * have no effect on the statute that these rules incorporate. This rule does not create any substantive requirements, but merely incorporates a technical change to a statutory definition into the CFR. See, Gray Panthers Advocacy Committee v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir. 1991) (when regulations merely restate the statute they implement, notice-and-comment procedures are unnecessary); Komjathy v. National Transportation Safety Bd., 832 F.2d 1294, 1297 (D.C.Cir.1987), cert. denied, 486 U.S. 1057, 108 S.Ct. 2825, 100 L.Ed.2d 926 (1988) (‘‘The fact that the regulation merely reiterates the statutory language precludes any serious argument that the regulation affects the agency or holders of airman certificates in such a way as to require notice-andcomment procedures pursuant to 5 U.S.C. 553.’’) Under 5 U.S.C. 553(b)(3)(A), the Coast Guard also finds that this rule is exempt from notice and comment rulemaking requirements because these provisions involve agency organization, procedures, and practices. This final rule merely restates the revised statutory definition for the inspection and certification of ferry vessels. The Coast Guard already ensures that these vessels comply with the vessel inspection laws and regulations. It is necessary for Coast Guard inspection personnel to be aware of this new statutory mandate and for Coast Guard procedures used by local Coast Guard inspection offices to be modified where necessary to reflect this change in the law. These amendments place this new statutory mandate into Coast Guard regulations that are used by inspection personnel. This rule consists only of corrections and editorial, organizational, and conforming amendments. The rule is effective immediately notwithstanding 5 U.S.C. 553(d) because it is not a substantive rule. E:\FR\FM\04DER1.SGM 04DER1 63618 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations III. Background and Purpose We are amending the definition of ‘‘ferry’’ in 46 CFR to conform to the statutory definition of ‘‘ferry’’ found at 46 U.S.C. 2101(10)(b), which was amended by section 301 of The Coast Guard and Maritime Safety Act of 2006, Public Law 109–241. The amended definition provides that ‘‘Ferry means a vessel that is used on a regular schedule— (1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only — (i) Passengers; or (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods.’’ The statutory definition of ferry was further included elsewhere in the Act as a category of passenger vessel or small passenger vessel, both of which already require inspection and certification. See, 46 U.S.C. 2101(22) and (35). This rule merely conforms to the statutory requirements of defining ferry vessels and including them within the category of passenger vessel or small passenger vessel as appropriate. The existing tables in 46 CFR that describe vessels requiring inspection and certification are being amended to reflect the change in statutory definition. Discussion of Rule Subchapters A, H, K, and T of 46 CFR, define the term ‘‘ferry’’ and this rule modifies those definitions to conform to the statutory definition and the applicability of the inspection subchapter to ferry vessels. Subchapters A, C, D, I, H, and U of 46 CFR contain tables that describe vessels requiring inspection and certification. This rule incorporates ferry vessels into those tables in the appropriate category of passenger vessel or small passenger vessel in accordance with the statutory change. IV. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. jlentini on DSKJ8SOYB1PROD with RULES 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 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Analysis under the regulatory policies and procedures of DHS is unnecessary. As this rule involves technical and conforming amendments and procedures and nonsubstantive 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. Although this rule is exempt, we reviewed it for potential economic impact on small entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. C. 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. It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled, now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels), as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessel’s obligations, are within the field foreclosed from regulation by the States. (See the decision of the Supreme Court in the consolidated cases of United States v. Locke and Intertanko v. Locke, PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).) Section 301 of The Coast Guard and Maritime Safety Act of 2006, Public Law 109–241, amended the statutory definition of ferry found at 46 U.S.C. 2101(10)(b) to include ferry vessels as a category of passenger vessel or small passenger vessel in the statute. These categories of vessels are required to undergo safety inspections prior to and during subsequent operation of the vessels, including approval of the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of the vessels. Because the States may not regulate within these categories, preemption under Executive Order 13132 is not an issue. 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 an expenditure of this magnitude, 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 E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. not consider the use of voluntary consensus standards. J. Energy Effects We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under section 2.B.2. figure 2–1, paragraph 34(a) and (d), of the Instruction. This rule involves a nonsubstantive, technical change to conform the regulations to an amended statutory definition found at 46 U.S.C. 2101(10)(b) and the applicability of inspection to ferry vessels. Paragraph 34(a) deals with editorial or procedural regulations and paragraph 34(d) concerns regulations for the inspection of vessels. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 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 jlentini on DSKJ8SOYB1PROD with RULES 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 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 L. Environment List of Subjects 46 CFR Part 2 Marine safety, Passenger vessels, Water transportation. 46 CFR Part 24 Marine safety, Passenger vessels. 46 CFR Part 30 PO 00000 Frm 00089 Fmt 4700 46 CFR Part 70 Marine safety, Passenger vessels, Water transportation. 46 CFR Part 90 Marine safety, Passenger vessels. 46 CFR Part 114 Marine safety, Passenger vessels, Water transportation. 46 CFR Part 175 Marine safety, Passenger vessels, Water transportation. 46 CFR Part 188 Marine safety, Passenger vessels. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts 2, 24, 30, 70, 90, 114, 175, and 188 as set forth below: ■ Title 46—Shipping PART 2—VESSEL INSPECTIONS 1. The authority citation for part 2 continues to read as follows: ■ Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 3103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. Note prec. 1). 2. Revise Table 2.01–7(a) to read as follows: ■ § 2.01–7 Classes of vessels (including motorboats) examined or inspected and certificated. (a) * * * Marine safety, Passenger vessels. Sfmt 4700 63619 BILLING CODE 9110–04–P E:\FR\FM\04DER1.SGM 04DER1 VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00090 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.000</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63620 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63621 ER04DE09.001</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00092 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.002</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63622 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00093 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63623 ER04DE09.003</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00094 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.004</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63624 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00095 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63625 ER04DE09.005</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.006</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63626 63627 BILLING CODE 9110–04–C VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.007</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 63628 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations * * * * * 3. Section 2.10–25 is amended by revising the definitions for ‘‘Ferry’’, ‘‘Passenger Vessel’’, and ‘‘Small Passenger Vessel’’, to read as follows: ■ 46 CFR § 2.10–25 § 2.10–25 Definitions. * * * * Ferry means a vessel that is used on a regular schedule— (1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only— (i) Passengers; or (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. * * * * * Passenger vessel means a vessel of at least 100 gross tons: jlentini on DSKJ8SOYB1PROD with RULES * VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 (1) Carrying more than 12 passengers, including at least one passenger for hire; (2) That is chartered and carrying more than 12 passengers; (3) That is a submersible vessel carrying at least one passenger for hire; or (4) That is a ferry carrying a passenger. * * * * * Small passenger vessel means a vessel of less than 100 gross tons: (1) Carrying more than 6 passengers, including at least 1 passenger for hire; (2) That is chartered with the crew provided or specified by the owner or the owner’s representative and carrying more than 6 passengers; (3) That is chartered with no crew provided or specified by the owner or the owner’s representative and carrying more than 12 passengers; PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 (4) That is a submersible vessel carrying at least one passenger for hire; or (5) That is a ferry carrying more than 6 passengers. * * * * * PART 24—GENERAL PROVISIONS 4. The authority citation for part 24 continues to read as follows: ■ Authority: 46 U.S.C. 2113, 3306, 4104, 4302; Pub. L. 103–206; 107 Stat. 2439; E.O. 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 5. Revise Table 24.05–1(a) to read as follows: ■ § 24.05–1 Vessels subject to the requirements of this subchapter. (a) * * * BILLING CODE 9110–04–P E:\FR\FM\04DER1.SGM 04DER1 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00099 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63629 ER04DE09.008</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00100 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.009</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63630 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00101 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63631 ER04DE09.010</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00102 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.011</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63632 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00103 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63633 ER04DE09.012</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00104 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.013</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63634 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00105 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63635 ER04DE09.014</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 20:27 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00106 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.015</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63636 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations BILLING CODE 9110–04–C * * * * * PART 30—GENERAL PROVISIONS 6. The authority citation for part 30 continues to read as follows: jlentini on DSKJ8SOYB1PROD with RULES ■ VerDate Nov<24>2008 20:27 Dec 03, 2009 Jkt 220001 Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security Delegation No. 0170.1; Section 30.01–2 also issued under the authority of 44 U.S.C. 3507; Section 30.01–05 also issued under the authority of Sec. 4109, Pub. L. 101–380, 104 Stat. 515. PO 00000 Frm 00107 Fmt 4700 Sfmt 4700 63637 7. Revise Table 30.01–5(d) to read as follows: ■ § 30.01–5 ALL. * Application of regulations—TB/ * * (d) * * * * BILLING CODE 9110–04–P E:\FR\FM\04DER1.SGM 04DER1 * VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 20:27 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00108 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.016</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63638 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00109 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63639 ER04DE09.017</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00110 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.018</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63640 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00111 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63641 ER04DE09.019</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00112 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.020</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63642 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00113 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63643 ER04DE09.021</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00114 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.022</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63644 63645 BILLING CODE 9110–04–C VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00115 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.023</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 63646 * * Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations * * * PART 70—GENERAL PROVISIONS 8. The authority citation for part 70 continues to read as follows: ■ jlentini on DSKJ8SOYB1PROD with RULES Authority: 46 U.S.C. 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1; Section 70.01–15 also issued under the authority of 44 U.S.C. 3507. § 70.05–1 United States flag vessels subject to the requirements of this subchapter. (a) * * * BILLING CODE 9110–04–P 9. Revise Table 70.05–1(a) to read as follows: ■ PO 00000 Frm 00116 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00117 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63647 ER04DE09.024</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00118 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.025</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63648 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00119 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63649 ER04DE09.026</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00120 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.027</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63650 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00121 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63651 ER04DE09.028</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00122 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.029</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63652 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00123 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63653 ER04DE09.030</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations BILLING CODE 9110–04–C VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00124 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.031</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63654 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations * * * * * 10. Section 70.10–1 is amended by revising the definitions for ‘‘Ferry’’ and ‘‘Passenger vessel’’ to read as follows: ■ § 70.10–1 Definitions. * * * * Ferry means a vessel that is used on a regular schedule— (1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only— (i) Passengers; or jlentini on DSKJ8SOYB1PROD with RULES * VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. * * * * * Passenger vessel means a vessel of at least 100 gross tons: (1) Carrying more than 12 passengers, including at least one passenger for hire; (2) That is chartered and carrying more than 12 passengers; (3) That is a submersible vessel carrying at least one passenger for hire; or (4) That is a ferry carrying a passenger. * * * * * PO 00000 Frm 00125 Fmt 4700 Sfmt 4700 63655 PART 90—GENERAL PROVISIONS 11. The authority citation for part 90 continues to read as follows: ■ Authority: 46 U.S.C. 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 12. Revise Table 90.05–1(a) to read as follows: ■ § 90.05–1 Vessels subject to the requirements of this subchapter. (a) * * * BILLING CODE 9110–04–P E:\FR\FM\04DER1.SGM 04DER1 VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00126 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.032</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63656 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00127 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63657 ER04DE09.033</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00128 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.034</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63658 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00129 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63659 ER04DE09.035</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00130 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.036</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63660 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00131 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63661 ER04DE09.037</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00132 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.038</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63662 63663 BILLING CODE 9110–04–C VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00133 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.039</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 63664 * * Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations * * * PART 114—GENERAL PROVISIONS 13. The authority citation for part 114 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security Delegation No. 0170.1; § 114.900 also issued under 44 U.S.C. 3507. 14. Section 114.110 is amended by revising paragraph (a)(3) and adding a new paragraph (a)(4) before the Note to paragraph (a) to read as follows: ■ § 114.110 General applicability. * * * * * (a) * * * (3) If a submersible vessel, carries at least one passenger for hire; or (4) Is a ferry carrying more than 150 passengers, or having overnight accommodations for more than 49 passengers. * * * * * ■ 15. Section 114.400(b) is amended by revising the definition for ‘‘Ferry’’ to read as follows: § 114.400 Definitions of terms used in this subchapter. jlentini on DSKJ8SOYB1PROD with RULES * * * (b) * * * VerDate Nov<24>2008 * * 17:09 Dec 03, 2009 Jkt 220001 ‘‘Ferry’’ means a vessel that is used on a regular schedule—(1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only— (i) Passengers; or (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. * * * * * PART 175—GENERAL PROVISIONS 16. The authority citation for part 175 continues to read as follows: ■ Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security Delegation No. 0170.1; 175.900 also issued under authority of 44 U.S.C. 3507. 17. Section 175.110 is amended by redesignating the ‘‘Note to § 175.110’’ as ‘‘Note to paragraph (a)’’, revising paragraph (a)(4) and adding paragraph (a)(5) to read as follows: ■ § 175.110 General applicability. * * * * * (4) If a submersible vessel, carries at least one passenger for hire; or (5) Is a ferry carrying more than six passengers. * * * * * PO 00000 Frm 00134 Fmt 4700 Sfmt 4700 18. Section 175.400 is amended by revising the definition for ‘‘Ferry’’ to read as follows: ■ § 175.400 Definitions of terms used in this subchapter. * * * * * Ferry means a vessel that is used on a regular schedule— (1) To provide transportation only between places that are not more than 300 miles apart; and (2) To transport only— (i) Passengers; or (ii) Vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods. * * * * * PART 188—GENERAL PROVISIONS 19. The authority citation for part 188 continues to read as follows: ■ Authority: 46 U.S.C. 2113, 3306; Pub. L. 103–206, 107 Stat. 2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 Comp., p. 277; Department of Homeland Security Delegation No. 0170.1. 20. Revise Table 188.05–1(a) to read as follows: ■ § 188.05–1 Vessels subject to requirements of this subchapter. (a) * * * BILLING CODE 9110–04–P E:\FR\FM\04DER1.SGM 04DER1 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00135 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63665 ER04DE09.040</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00136 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.041</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63666 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00137 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63667 ER04DE09.042</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00138 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.043</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63668 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00139 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63669 ER04DE09.044</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations VerDate Nov<24>2008 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00140 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.045</GPH> jlentini on DSKJ8SOYB1PROD with RULES 63670 VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00141 Fmt 4700 Sfmt 4725 E:\FR\FM\04DER1.SGM 04DER1 63671 ER04DE09.046</GPH> jlentini on DSKJ8SOYB1PROD with RULES Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations 63672 * * * Dated: November 23, 2009. Stefan G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E9–28473 Filed 12–3–09; 8:45 am] * BILLING CODE 9110–04–C VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 PO 00000 Frm 00142 Fmt 4700 Sfmt 4700 E:\FR\FM\04DER1.SGM 04DER1 ER04DE09.047</GPH> jlentini on DSKJ8SOYB1PROD with RULES * Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63617-63672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 24, 30, 70, 90, 114, 175, and 188

[USCG-2008-1107]
RIN 1625-ZA21


Shipping; Vessel Inspections; Technical and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes a non-substantive change to the definition of 
``ferry'' in 46 CFR. The purpose of this rule is to incorporate into 
Coast Guard regulations the statutory definition of ``ferry'' found at 
46 U.S.C. 2101(10)(b), as amended by the Coast Guard and Maritime 
Transportation Act of 2006. This rule will have no substantive effect 
on ferry vessel owners or operators or other members of the public.

DATES: This final rule is effective December 4, 2009.

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-2008-1107 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, 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 by going to http://regulations.gov, inserting 
USCG-2008-1107 in the ``Keyword'' box, and then clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Reed Kohberger, Coast Guard Headquarters, 
Washington, DC, telephone 202-372-1471, Reed.H.Kohberger@uscg.mil. If 
you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Background and Purpose
IV. Regulatory Analysis
    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
    L. Environment

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing an NPRM for the revision in the 
rule because it is a non-substantive change. These changes will have no 
substantive effect on the public beyond what is already required by 
statute; therefore, it is unnecessary to publish an NPRM because these 
regulatory revisions are already mandated by law. Notice and public 
procedures are unnecessary because public comment on this rulemaking 
will have no effect on the statute that these rules incorporate. This 
rule does not create any substantive requirements, but merely 
incorporates a technical change to a statutory definition into the CFR. 
See, Gray Panthers Advocacy Committee v. Sullivan, 936 F.2d 1284, 1291 
(D.C. Cir. 1991) (when regulations merely restate the statute they 
implement, notice-and-comment procedures are unnecessary); Komjathy v. 
National Transportation Safety Bd., 832 F.2d 1294, 1297 (D.C.Cir.1987), 
cert. denied, 486 U.S. 1057, 108 S.Ct. 2825, 100 L.Ed.2d 926 (1988) 
(``The fact that the regulation merely reiterates the statutory 
language precludes any serious argument that the regulation affects the 
agency or holders of airman certificates in such a way as to require 
notice-and-comment procedures pursuant to 5 U.S.C. 553.'') Under 5 
U.S.C. 553(b)(3)(A), the Coast Guard also finds that this rule is 
exempt from notice and comment rulemaking requirements because these 
provisions involve agency organization, procedures, and practices. This 
final rule merely restates the revised statutory definition for the 
inspection and certification of ferry vessels. The Coast Guard already 
ensures that these vessels comply with the vessel inspection laws and 
regulations. It is necessary for Coast Guard inspection personnel to be 
aware of this new statutory mandate and for Coast Guard procedures used 
by local Coast Guard inspection offices to be modified where necessary 
to reflect this change in the law. These amendments place this new 
statutory mandate into Coast Guard regulations that are used by 
inspection personnel. This rule consists only of corrections and 
editorial, organizational, and conforming amendments.
    The rule is effective immediately notwithstanding 5 U.S.C. 553(d) 
because it is not a substantive rule.

[[Page 63618]]

III. Background and Purpose

    We are amending the definition of ``ferry'' in 46 CFR to conform to 
the statutory definition of ``ferry'' found at 46 U.S.C. 2101(10)(b), 
which was amended by section 301 of The Coast Guard and Maritime Safety 
Act of 2006, Public Law 109-241. The amended definition provides that 
``Ferry means a vessel that is used on a regular schedule--
    (1) To provide transportation only between places that are not more 
than 300 miles apart; and
    (2) To transport only --
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been 
used, in transporting passengers or goods.''
    The statutory definition of ferry was further included elsewhere in 
the Act as a category of passenger vessel or small passenger vessel, 
both of which already require inspection and certification. See, 46 
U.S.C. 2101(22) and (35).
    This rule merely conforms to the statutory requirements of defining 
ferry vessels and including them within the category of passenger 
vessel or small passenger vessel as appropriate. The existing tables in 
46 CFR that describe vessels requiring inspection and certification are 
being amended to reflect the change in statutory definition.

Discussion of Rule

    Subchapters A, H, K, and T of 46 CFR, define the term ``ferry'' and 
this rule modifies those definitions to conform to the statutory 
definition and the applicability of the inspection subchapter to ferry 
vessels. Subchapters A, C, D, I, H, and U of 46 CFR contain tables that 
describe vessels requiring inspection and certification. This rule 
incorporates ferry vessels into those tables in the appropriate 
category of passenger vessel or small passenger vessel in accordance 
with the statutory change.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Analysis under the regulatory policies and procedures 
of DHS is unnecessary. As this rule involves technical and conforming 
amendments 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. Although this 
rule is exempt, we reviewed it for potential economic impact on small 
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

C. 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. It is well settled that States may 
not regulate in categories reserved for regulation by the Coast Guard. 
It is also well settled, now, that all of the categories covered in 46 
U.S.C. 3306, 3703, 7101, and 8101 (design, construction, alteration, 
repair, maintenance, operation, equipping, personnel qualification, and 
manning of vessels), as well as the reporting of casualties and any 
other category in which Congress intended the Coast Guard to be the 
sole source of a vessel's obligations, are within the field foreclosed 
from regulation by the States. (See the decision of the Supreme Court 
in the consolidated cases of United States v. Locke and Intertanko v. 
Locke, 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).)
    Section 301 of The Coast Guard and Maritime Safety Act of 2006, 
Public Law 109-241, amended the statutory definition of ferry found at 
46 U.S.C. 2101(10)(b) to include ferry vessels as a category of 
passenger vessel or small passenger vessel in the statute. These 
categories of vessels are required to undergo safety inspections prior 
to and during subsequent operation of the vessels, including approval 
of the design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of the 
vessels. Because the States may not regulate within these categories, 
preemption under Executive Order 13132 is not an issue.

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 an expenditure of this 
magnitude, 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

[[Page 63619]]

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 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 Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.lD, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded that this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under section 2.B.2. figure 2-1, 
paragraph 34(a) and (d), of the Instruction. This rule involves a non-
substantive, technical change to conform the regulations to an amended 
statutory definition found at 46 U.S.C. 2101(10)(b) and the 
applicability of inspection to ferry vessels. Paragraph 34(a) deals 
with editorial or procedural regulations and paragraph 34(d) concerns 
regulations for the inspection of vessels. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects

46 CFR Part 2

    Marine safety, Passenger vessels, Water transportation.

46 CFR Part 24

    Marine safety, Passenger vessels.

46 CFR Part 30

    Marine safety, Passenger vessels.

46 CFR Part 70

    Marine safety, Passenger vessels, Water transportation.

46 CFR Part 90

    Marine safety, Passenger vessels.

46 CFR Part 114

    Marine safety, Passenger vessels, Water transportation.

46 CFR Part 175

    Marine safety, Passenger vessels, Water transportation.

46 CFR Part 188

    Marine safety, Passenger vessels.


0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR parts 2, 24, 30, 70, 90, 114, 175, and 188 as set forth below:

Title 46--Shipping

PART 2--VESSEL INSPECTIONS

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2110, 
3103, 3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. 
Note prec. 1).


0
2. Revise Table 2.01-7(a) to read as follows:


Sec.  2.01-7  Classes of vessels (including motorboats) examined or 
inspected and certificated.

    (a) * * *
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* * * * *

0
3. Section 2.10-25 is amended by revising the definitions for 
``Ferry'', ``Passenger Vessel'', and ``Small Passenger Vessel'', to 
read as follows:

46 CFR Sec.  2.10-25


Sec.  2.10-25   Definitions.

* * * * *
    Ferry means a vessel that is used on a regular schedule--
    (1) To provide transportation only between places that are not more 
than 300 miles apart; and
    (2) To transport only--
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been 
used, in transporting passengers or goods.
* * * * *
    Passenger vessel means a vessel of at least 100 gross tons:
    (1) Carrying more than 12 passengers, including at least one 
passenger for hire;
    (2) That is chartered and carrying more than 12 passengers;
    (3) That is a submersible vessel carrying at least one passenger 
for hire; or
    (4) That is a ferry carrying a passenger.
* * * * *
    Small passenger vessel means a vessel of less than 100 gross tons:
    (1) Carrying more than 6 passengers, including at least 1 passenger 
for hire;
    (2) That is chartered with the crew provided or specified by the 
owner or the owner's representative and carrying more than 6 
passengers;
    (3) That is chartered with no crew provided or specified by the 
owner or the owner's representative and carrying more than 12 
passengers;
    (4) That is a submersible vessel carrying at least one passenger 
for hire; or
    (5) That is a ferry carrying more than 6 passengers.
* * * * *

PART 24--GENERAL PROVISIONS

0
4. The authority citation for part 24 continues to read as follows:

    Authority:  46 U.S.C. 2113, 3306, 4104, 4302; Pub. L. 103-206; 
107 Stat. 2439; E.O. 12234; 45 FR 58801; 3 CFR, 1980 Comp., p. 277; 
Department of Homeland Security Delegation No. 0170.1.


0
5. Revise Table 24.05-1(a) to read as follows:


Sec.  24.05-1  Vessels subject to the requirements of this subchapter.

    (a) * * *
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* * * * *

PART 30--GENERAL PROVISIONS

0
6. The authority citation for part 30 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. 5103, 5106; Department of Homeland Security 
Delegation No. 0170.1; Section 30.01-2 also issued under the 
authority of 44 U.S.C. 3507; Section 30.01-05 also issued under the 
authority of Sec. 4109, Pub. L. 101-380, 104 Stat. 515.


0
7. Revise Table 30.01-5(d) to read as follows:


Sec.  30.01-5  Application of regulations--TB/ALL.

* * * * *
    (d) * * *
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* * * * *

PART 70--GENERAL PROVISIONS

0
8. The authority citation for part 70 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1; Section 70.01-15 also issued under the authority of 44 
U.S.C. 3507.


0
9. Revise Table 70.05-1(a) to read as follows:


Sec.  70.05-1  United States flag vessels subject to the requirements 
of this subchapter.

    (a) * * *
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* * * * *

0
10. Section 70.10-1 is amended by revising the definitions for 
``Ferry'' and ``Passenger vessel'' to read as follows:


Sec.  70.10-1  Definitions.

* * * * *
    Ferry means a vessel that is used on a regular schedule--
    (1) To provide transportation only between places that are not more 
than 300 miles apart; and
    (2) To transport only--
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been 
used, in transporting passengers or goods.
* * * * *
    Passenger vessel means a vessel of at least 100 gross tons:
    (1) Carrying more than 12 passengers, including at least one 
passenger for hire;
    (2) That is chartered and carrying more than 12 passengers;
    (3) That is a submersible vessel carrying at least one passenger 
for hire; or
    (4) That is a ferry carrying a passenger.
* * * * *

PART 90--GENERAL PROVISIONS

0
11. The authority citation for part 90 continues to read as follows:

    Authority:  46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
12. Revise Table 90.05-1(a) to read as follows:


Sec.  90.05-1  Vessels subject to the requirements of this subchapter.

    (a) * * *
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* * * * *

PART 114--GENERAL PROVISIONS

0
13. The authority citation for part 114 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; Sec.  114.900 also issued under 44 U.S.C. 
3507.


0
14. Section 114.110 is amended by revising paragraph (a)(3) and adding 
a new paragraph (a)(4) before the Note to paragraph (a) to read as 
follows:


Sec.  114.110  General applicability.

* * * * *
    (a) * * *
    (3) If a submersible vessel, carries at least one passenger for 
hire; or
    (4) Is a ferry carrying more than 150 passengers, or having 
overnight accommodations for more than 49 passengers.
* * * * *

0
15. Section 114.400(b) is amended by revising the definition for 
``Ferry'' to read as follows:


Sec.  114.400  Definitions of terms used in this subchapter.

* * * * *
    (b) * * *
    ``Ferry'' means a vessel that is used on a regular schedule--(1) To 
provide transportation only between places that are not more than 300 
miles apart; and
    (2) To transport only--
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been 
used, in transporting passengers or goods.
* * * * *

PART 175--GENERAL PROVISIONS

0
16. The authority citation for part 175 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206, 
107 Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security 
Delegation No. 0170.1; 175.900 also issued under authority of 44 
U.S.C. 3507.


0
17. Section 175.110 is amended by redesignating the ``Note to Sec.  
175.110'' as ``Note to paragraph (a)'', revising paragraph (a)(4) and 
adding paragraph (a)(5) to read as follows:


Sec.  175.110  General applicability.

* * * * *
    (4) If a submersible vessel, carries at least one passenger for 
hire; or
    (5) Is a ferry carrying more than six passengers.
* * * * *

0
18. Section 175.400 is amended by revising the definition for ``Ferry'' 
to read as follows:


Sec.  175.400  Definitions of terms used in this subchapter.

* * * * *
    Ferry means a vessel that is used on a regular schedule--
    (1) To provide transportation only between places that are not more 
than 300 miles apart; and
    (2) To transport only--
    (i) Passengers; or
    (ii) Vehicles, or railroad cars, that are being used, or have been 
used, in transporting passengers or goods.
* * * * *

PART 188--GENERAL PROVISIONS

0
19. The authority citation for part 188 continues to read as follows:

    Authority: 46 U.S.C. 2113, 3306; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801; 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


0
20. Revise Table 188.05-1(a) to read as follows:


Sec.  188.05-1  Vessels subject to requirements of this subchapter.

    (a) * * *
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* * * * *

    Dated: November 23, 2009.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. E9-28473 Filed 12-3-09; 8:45 am]
BILLING CODE 9110-04-C