Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments, 3217-3225 [2022-00804]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Rules and Regulations]
[Pages 3217-3225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00804]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 6, 62, 151, 160, and 173

46 CFR Parts 4, 5, 7, 11, 13, 15, 31, 67, 71, 91, 107, 126, 144, 
147, 172, and 189

[Docket No. USCG-2021-0348]


Navigation and Navigable Waters, and Shipping; Technical, 
Organizational, and Conforming Amendments

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: This final rule makes non-substantive technical, 
organizational, and conforming amendments to existing Coast Guard 
regulations. This rule is a continuation of our practice of 
periodically issuing rules to keep our regulations up-to-date and 
accurate.

[[Page 3218]]

This rule will have no substantive effect on the regulated public.

DATES: This final rule is effective January 21, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0348 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Victoria Phoenix, Coast Guard; telephone 202-372-3744, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

AIS Automatic Identification System
AtoN Aids to Navigation
Authorization Act Frank LoBiondo Coast Guard Authorization Act of 2018
CFR Code of Federal Regulations
COMDTINST Commandant Instruction
DHS Department of Homeland Security
FR Federal Register
GRT Gross Register Tonnage
GT Gross Tonnage
ICGB International Cargo Gear Bureau
IMO International Maritime Organization
NCB National Cargo Bureau
NOV Notice of Violation
NVDC National Vessel Documentation Center
OMB Office of Management and Budget
RO Code Code for Recognized Organizations
Sec.  Section
S&R NCOE Suspension and Revocation National Center of Expertise
SNPRM Supplemental notice of public rulemaking
STCW final rule Implementation of the Amendments to the International 
Convention on Standards of Training, Certification, and Watchkeeping 
for Seafarers, 1978, and Changes to National Endorsements final rule 
(78 FR 77796, December 24, 2013)
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule. 
Under Title 5 of the United States Code (U.S.C.), Section 553(b)(A), 
the Coast Guard finds that this final rule is exempt from notice and 
public comment rulemaking requirements because these changes involve 
rules of agency organization, procedure, or practice. In addition, the 
Coast Guard finds that notice and comment procedures are unnecessary 
for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of 
only technical and editorial corrections and these changes will have no 
substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that, for the same reasons, good cause exists for making 
this final rule effective upon publication in the Federal Register.

III. Basis and Purpose

    This final rule, which becomes effective on January 21, 2022, makes 
technical and editorial corrections throughout titles 33 and 46 of the 
Code of Federal Regulations (CFR). These changes are necessary to 
update authority citations, correct errors, update contact information, 
and make other non-substantive amendments that improve the clarity of 
the CFR. This rule does not create or change any substantive 
requirements.
    This final rule is issued under the authority of 5 U.S.C. 552(a), 
14 U.S.C. 102 and 503; the Department of Homeland Security's (DHS) DHS 
Delegation No. 00170.1, Revision No. 01.2; and authorities listed at 
the end of this rule for each CFR part this rule amends.

IV. Discussion of the Rule

    The Coast Guard periodically issues technical, organizational, and 
conforming amendments to existing regulations in titles 33 and 46 of 
the CFR. These technical amendments provide the public with accurate 
and current regulatory information, but do not change the effect of any 
Coast Guard regulations on the public.

A. Authority Citation Updates

    This rule updates the authority citations in 33 CFR parts 6, 62, 
151, 160, and 173, and 46 CFR parts 4, 5, 7, 11, 13, 15, 31, 67, 71, 
91, 107, 126, 144, 147, 172, and 189. On December 4, 2018, Congress 
enacted the Frank LoBiondo Coast Guard Authorization Act of 2018 
(Authorization Act), Public Law 115-282, 132 Stat. 4192. The 
Authorization Act redesignated multiple provisions within Titles 14, 
33, 46, and 50 of the U.S. Code (U.S.C.), without substantive change, 
in an effort to reorganize these titles. The Coast Guard often uses the 
affected statutory provisions as authority for issuing regulations 
related to maritime safety and security. This rule updates statutory 
authority citations that were inadvertently omitted from updating when 
the Coast Guard redesignated statutory authorities throughout titles 33 
and 46 of the CFR in response to the Authorization Act (85 FR 58268, 
Sept. 18, 2020).
    This rule also corrects errors in the authority citations for 33 
CFR part 160 and 46 CFR part 67. The updates will correct the omission 
in 33 CFR part 160 of the word ``Chapter'' when referring to authority 
deriving from Title 46 U.S.C Chapter 701 (46 U.S.C. 70101-70132). Also, 
we are moving the reference to ``46 U.S.C. 70011'' in the first 
sentence of the part 160 citation to the second sentence, where it was 
meant to replace ``33 U.S.C. 1225,'' which previously appeared in the 
second sentence. The second sentence listed additional authorities for 
subpart C of part 160. For 46 CFR part 67, we are correcting a 
reference to ``4 U.S.C. 664'' that was intended to reference 14 U.S.C. 
664.
    Finally, this rule updates the authority citations in 33 CFR 
subpart 1.07, 33 CFR parts 62, 151, 160, and 173, and 46 CFR parts 4, 
5, 7, 11, 13, 15, 31, 67, 71, 91, 107, 126, 144, 147, 172, and 189 to 
reflect the adoption of Revision No. 01.2 for DHS Delegation 00170.1 
and to use the preferred terminology for this delegation.

B. Technical Amendments to Title 33 of the CFR

    In Sec.  1.07-5(c), this rule amends the definition of ``issuing 
officer'' by adding qualified civilians to the list of Coast Guard 
personnel who may issue a notice of violation (NOV). Previously, the 
definition only provided that Coast Guard commissioned, warrant, or 
petty officers could issue NOVs. These officers do investigate 
potential violations; however, an increasing number of investigating 
officers are civilian employees of the Coast Guard. These civilians 
have the same training and apply the same policies as uniformed issuing 
officers. Adding qualified civilians to the definition of ``issuing 
officer'' will not change the frequency or type of NOV issued. Revising 
the CFR to add qualified civilians is a matter of agency

[[Page 3219]]

management and personnel as described in 5 U.S.C. 553(a)(2). It is 
therefore exempt from 5 U.S.C. 553 procedures, and requires no prior 
notice or opportunity for public comment and no delay of effective 
date.
    In Sec.  6.04-1, this rule adds new paragraph (d) to direct readers 
to the appeal mechanism for decisions and actions by a Captain of the 
Port in 33 CFR 160.7. This provision does not modify the appeal 
mechanism in any way, but is intended as a convenience for readers who 
may not expect the appeals process for 33 CFR part 6 actions to be 
located in 33 CFR 160.7.
    In Sec.  62.52(b), this rule updates the reference to ``real'' 
Automatic Identification System (AIS) Aids to Navigation (AtoN) 
``physically fitted to the AtoN'' to a ``physical'' AIS ``fitted to the 
AtoN,'' in keeping with an internationally agreed upon lexicon change.
    In Sec.  151.66(c)(3)(iv), this rule removes the entire paragraph 
governing keeping records and reporting of the discharge of bulk dry 
cargo residue on the Great Lakes using Coast Guard Form CG-33. The 
requirement to use Form CG-33 and submit quarterly reports to the Coast 
Guard expired on February 28, 2015, but unclear wording caused 
confusion and unnecessary reporting burdens on Great Lakes vessel 
owners and operators. There is no longer a requirement to use this 
specific form or submit it to the Coast Guard, but the recordkeeping 
requirement remains in force. The Coast Guard's Office of Operating and 
Environmental Standards has published a Maritime Commons blog post and 
worked with the Coast Guard's Ninth District to remind U.S. and 
Canadian vessel owners to communicate this to their employees. This 
rule also redesignates existing Sec.  151.66(c)(3)(v) as Sec.  
151.66(c)(3)(iv), and amends it to remove the reference to Form CG-33. 
The required record may be in any written format.
    In Sec.  173.57, this rule removes paragraph (b) governing the 
required content of a casualty report filed prior to January 1, 2017, 
as that date has passed and the paragraph is no longer relevant. 
Additionally, we have removed the January 1, 2017, date from the 
existing paragraph (c) and redesignated that paragraph as paragraph 
(b).

C. Technical Amendments to Title 46 of the CFR

    In Sec.  4.40-5(d)(3), this rule revises the definition of ``major 
marine casualty'' to apply to property damage initially estimated at 
$2,000,000 or more, rather than $500,000 as provided in the current 
regulations. This new language reflects Section 211 of the Save Our 
Seas Act of 2018 (Pub. L. 115-265, 132 Stat. 3742), which amended 
section 6101(i)(3) of Title 46, U.S.C., to increase the dollar amount 
for property damage to qualify a casualty involving a vessel as a 
``major marine casualty'' from $500,000 to $2,000,000.
    In Sec.  5.713(b), this rule amends the mailing address for appeals 
to the National Transportation Safety Board to allow appeal briefs and 
communications to be sent directly to the Suspension and Revocation 
National Center of Expertise (S&R NCOE) office located in Martinsburg, 
West Virginia. The address change will not impact the designation of 
the Chief Counsel of the Coast Guard as the Commandant's representative 
in these matters. In accordance with Coast Guard policy, the Chief 
Counsel has attorneys detailed to the S&R NCOE office in Martinsburg, 
West Virginia office as primary contacts for suspension and revocation 
appellate matters. Changing the address to the Martinsburg, West 
Virginia office will ensure all written and electronic correspondence 
is received in a timely manner.
    In Sec.  7.30, this rule reflects the disestablishment of Ambrose 
Light and the conversion of Highlands Light to a Private Aid. 
Additionally, this rule provides specific coordinates and (where 
applicable) Light List Numbers for East Rockaway Inlet Breakwater 
Light, the former Ambrose Light, and Highlands Light.
    In Sec.  11.410(c), this rule corrects an error introduced in the 
2013 Implementation of the Amendments to the International Convention 
on Standards of Training, Certification, and Watchkeeping for 
Seafarers, 1978, and Changes to National Endorsements final rule (78 FR 
77796, December 24, 2013) (STCW final rule) to limiting an officer's 
endorsement obtained with an orally assisted examination to vessels of 
200 gross register tonnage (GRT), rather than 500 GRT as currently 
indicated in paragraph (c). The Coast Guard's intent can be clearly 
seen in current Sec.  11.201(j)(i), which provides that ``any applicant 
for a deck or engineer officer endorsement limited to vessels less than 
200 GRT, or an officer endorsement limited to uninspected fishing 
industry vessels, may request an orally assisted examination instead of 
any written or other textual examination.'' Conforming Sec.  11.401(c) 
with Sec.  11.201(j)(i) will eliminate any confusion with the 
endorsements.
    In Sec.  11.711(c), this rule replaces references to required pilot 
experience on vessels of 1,600 GRT or 3,000 ``gross tonnage'' (GT) with 
reference to 1,600 ``gross register tonnage'' (GRT) only. In the STCW 
final rule, the Coast Guard adopted the convention that it would use 
GRT when discussing national endorsements and GT when discussing 
Standards of Training, Certification, and Watchkeeping for Seafarers 
endorsements. In the Correcting Amendments to the STCW final rule, the 
Coast Guard decided to revert to the prior text of the 2013 rule, but 
omitted the convention of solely using GRT for national endorsements 
and reverted to the prior text without editing the tonnage to 1,600 
GRT. As a result, the requirement for GRT remained, causing confusion 
in the industry. This change conforms paragraph (c), which refers to 
not having sufficient experience, with paragraphs (a), (b), and (d), 
which all use 1,600 GRT as the standard to determine whether the 
applicant has sufficient experience.
    In Sec. Sec.  13.201(c)(3), 13.301(c)(3), 13.401(d), and 
13.501(c)(3), this rule changes references to Table 1 to Sec.  
13.121(g) to the correct reference of Table 3 to Sec.  13.121(e). In 
the 2013 STCW final rule, Sec.  13.121 was revised, and what had been 
Table 13.121(g) (``Course topics'' for firefighting) was renamed Table 
3 to Sec.  13.121(e). While in that same final rule, Sec. Sec.  
13.201(c)(3), 13.301(c)(3), 13.401(d), and 13.501(c)(3), all referenced 
``Table 1 to Sec.  13.121(g),'' when identifying an approved 
firefighting course, Sec.  13.121(e)(1) and (3) make clear that 
``course curricula for firefighting courses must consist of the topics 
identified in Table 3 to Sec.  13.121(e),'' and that Table 1 to Sec.  
13.121(e) consists of course curricula topics for Tankship 
Familiarization.
    In Sec.  15.105(f), this rule corrects the cross-references 
defining the terms ``fishing vessel'' and ``fish-tender vessel'' from 
46 U.S.C. 2101(11)(a) and (11)(c) to 46 U.S.C. 2101(12) and (14), 
respectively.
    In Sec.  15.812(e)(2), this rule corrects an error in the tables 
for the 2013 STCW final rule indicating that a Master, Mate, or Mate 
(Pilot) could serve as a pilot of a tank barge of greater than 10,000 
GRT/GT, authorized to proceed beyond the Boundary Line or operate on 
the Great Lakes and on a route where a First Class Pilot's license or 
MMC officer endorsement is required. This is only true for tank barges 
of less than 10,000 GRT/GT; only individuals with an endorsement as 
First Class Pilot may pilot tank barges greater than 10,000 GRT/GT 
under such circumstances. The entry in Table 1 to Sec.  15.812(e)(2) to 
the contrary is the result of a printing error; the Coast Guard's 
intent in this matter can be seen in current Sec.  15.812(b)(3),

[[Page 3220]]

which contains the correct requirements. Furthermore, this provision 
did not appear in the supplemental notice of proposed rulemaking \1\ 
(SNPRM) that preceded the STCW final rule, nor was it discussed as a 
difference between the SNPRM and the final rule in the STCW final 
rule's table of changes.\2\
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    \1\ 76 FR 45907 (August 1, 2011).
    \2\ The Coast Guard did make an amendment to Sec.  15.812 in the 
STCW final rule that was not contemplated in the SNPRM, but only to 
clarify, in response to public comment, that an annual physical 
examination is required for a pilot only if serving on a vessel 
greater than 1,600 GRT.
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    In Sec.  31.10-16(e)(1), this rule updates the address for the 
National Cargo Bureau (NCB), as the organization relocated its New York 
offices.
    In Sec.  31.10-16(e)(2), this rule updates the address for the 
International Cargo Gear Bureau (ICGB), as the organization relocated 
its New York offices.
    In Sec.  71.30-10(a), this rule updates language referring to a 
Coast Guard inspector as ``he.'' Other regulations referencing Coast 
Guard inspectors have already been updated or were written with ``he or 
she.''
    In Sec.  71.65-1(c), this rule updates the address for the ICGB, as 
the organization relocated its New York offices.
    In Sec. Sec.  91.25-50(a) and 91.27-15(a), this rule updates 
language referring to a Coast Guard inspector as ``he.'' Other 
regulations referencing Coast Guard inspectors have already been 
updated or were written with ``he or she.''
    In Sec.  107.317(d), this rule updates the address for the ICGB, as 
the organization relocated its New York offices.
    In Sec.  126.100, this rule updates language referring to a Coast 
Guard inspector as ``he.'' Other regulations referencing Coast Guard 
inspectors have already been updated or were written with ``he or 
she.''
    In Sec.  144.105, this rule removes an erroneous reference to the 
applicability of a nonexistent Sec.  144.910 to the construction of new 
towing vessels, resulting from an editorial error in the 2016 
Inspection of Towing Vessels final rule (81 FR 40101, June 20, 2016). 
In an earlier in-house draft of that rule, there were two sections 
addressing operating station visibility (Sec.  144.905 for existing 
vessels, and Sec.  144.910 for new vessels). Since both sections had 
paragraphs that were nearly identical, the rule drafters merged the 
requirements into Sec.  144.905 for the final rule, but overlooked the 
mention of Sec.  144.910 in this section. There is no need to add a new 
reference to this section, since the requirements for new vessels are 
specifically identified in Sec.  144.905(d) and (e).
    In Sec. Sec.  147.5 and 147.40, this rule changes references in the 
section titles from ``Commandant (CG-OES)'' to ``Commandant (CG-ENG)'' 
to match the contact information given in these sections.
    In Sec.  172.040(b), this rule updates the address for the NCB, as 
the organization relocated its New York offices.
    In Sec.  189.25-50(a), this rule updates language referring to a 
Coast Guard inspector as ``he.'' Other regulations referencing Coast 
Guard inspectors have already been updated or were written with ``he or 
she.''

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Two additional Executive orders were recently published to 
promote the goals of Executive Order 13563: Executive Order 13609 
(Promoting International Regulatory Cooperation) and Executive Order 
13610 (Identifying and Reducing Regulatory Burdens). Executive Order 
13609 targets international regulatory cooperation to reduce, 
eliminate, or prevent unnecessary differences in regulatory 
requirements. Executive Order 13610 aims to modernize the regulatory 
systems and to reduce unjustified regulatory burdens and costs on the 
public.
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. A regulatory 
analysis follows.
    This rule involves non-substantive technical amendments and 
internal agency practices and procedures; it will not impose any 
additional costs. The technical amendments in this rule fit into 
categories that involve (1) correcting inadvertent typographical errors 
in the CFR; (2) modifying existing language in the CFR by addition or 
subtraction to improve the readability or clarity of regulations; (3) 
removing irrelevant information, such as expired regulatory provisions 
or cancelled reference material, and replacing outdated regulatory 
information with current information where applicable; and (4) revising 
office contact information and mailing addresses. The Coast Guard does 
not expect that there will be any additional costs conferred on the 
public or the Federal Government because none of the technical and 
editorial changes included in this rule will change existing regulatory 
requirements. A summary of these amendments by category and by CFR 
title and section are presented below in table 1.

     Table 1--Summary of Regulatory Changes by CFR Title and Section
------------------------------------------------------------------------
                                    Description of
    Title           Section             changes         Economic impact
------------------------------------------------------------------------
46..........  Sec.  Sec.   4.40-  Improves the        Corrects various
               5(d)(3),            accuracy of         typographical
               11.410(c),          regulatory          errors.
               13.201(c)(3),       information by
               13.301(c)(3),       correcting
               13.401(d),          erroneous
               13.501(c)(3),       information.
               15.105(f),
               15.812(e)(2),
               part 67,* and
               144.105.
33..........  Sec.  Sec.   1.07-  Adds clarifying     Improves
               5(c), 6.04-1,       language and        readability and
               62.52(b), and       removes             clarity of
               part 160 *.         redundant,          regulations.
                                   confusing, or
                                   incorrect
                                   language.
46..........  Sec.  Sec.   7.30,
               11.711(c), 71.30-
               10(a), 91.25-
               50(a), 91.27-
               15(a), 126.100,
               and 189.25-50(a).

[[Page 3221]]

 
33..........  Sec.  Sec.          Removes or          Improves
               151.66(c)(3)(iv)    replaces expired    readability by
               and 173.57(b) and   or cancelled        removing or
               (c) introductory    references or       replacing
               text.               provisions.         irrelevant
                                                       information.
46..........  Sec.  Sec.          Updates office      Improves the
               5.713(b), 31.10-    contact             accuracy of
               16(e)(1) and (2),   information or      regulatory
               71.65-1(c),         mailing addresses.  information
               107.317(d), 147.5                       through
               section heading,                        administrative
               147.40, and                             changes.
               172.040(b).
------------------------------------------------------------------------
* 46 CFR part 67 and 33 CFR part 160 contain editorial errors in the
  authority citation. This rule resolves these errors.

    The unquantified benefits of the non-substantive technical 
amendments are increased accuracy of regulatory information by 
correcting erroneous information, improved readability and clarity of 
regulations by removing redundant or confusing language and by removing 
expired or cancelled provisions that are no longer relevant. In 
addition, the correction of technical items such as office mailing 
addresses and location coordinates will improve the accuracy of 
regulatory information and the ability to reference and contact the 
correct entities.

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 is not preceded by a notice of proposed rulemaking. The 
Regulatory Flexibility Act does not apply when notice and comment 
rulemaking is not required. Therefore, this rule is exempt from the 
requirements of the Regulatory Flexibility Act. This rule consists of 
technical, organizational, and conforming amendments and does not have 
any substantive effect on the regulated industry or small businesses.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

D. 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.

E. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. Unfunded Mandates

    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 (adjusted for 
inflation) or more in any one year. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights).

H. 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.

I. 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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it will 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.

K. 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 act ion'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (for example, 
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.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which

[[Page 3222]]

guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.
    This rule is categorically excluded under paragraphs A3 and L54 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
Paragraph A3 pertains to the promulgation of rules, issuance of rulings 
or interpretations, and the development and publication of policies, 
orders, directives, notices, procedures, manuals, advisory circulars, 
and other guidance documents of the following nature: (a) Those of a 
strictly administrative or procedural nature; (b) those that implement, 
without substantive change, statutory or regulatory requirements; (c) 
those that implement, without substantive change, procedures, manuals, 
and other guidance documents; and (d) those that interpret or amend an 
existing regulation without changing its environmental effect. 
Paragraph L54 pertains to regulations which are editorial or 
procedural. This final rule involves non-substantive technical, 
organizational, and conforming amendments to existing Coast Guard 
regulations.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Part 6

    Harbors, Security measures, Vessels.

33 CFR Part 62

    Navigation (water).

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials 
transportation, Marine safety, Navigation (water), Personally 
identifiable information, Reporting and recordkeeping requirements, 
Seamen, Vessels, Waterways.

33 CFR Part 173

    Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 4

    Administrative practice and procedure, Drug testing, 
Investigations, Marine safety, National Transportation Safety Board, 
Nuclear vessels, Radiation protection, Reporting and recordkeeping 
requirements, Safety, Transportation.

46 CFR Part 5

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Investigations, Seamen.

46 CFR Part 7

    Law enforcement, Vessels.

46 CFR Part 11

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 67

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 126

    Cargo Vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 144

    Cargo vessels, Incorporation by reference, Marine safety, Oil and 
gas exploration, Passenger vessels, Reporting and recordkeeping 
requirements, Towing vessels.

46 CFR Part 147

    Hazardous materials transportation, Labeling, Marine safety, 
Packaging and containers, Reporting and recordkeeping requirements.

46 CFR Part 172

    Cargo vessels, Hazardous materials transportation, Marine safety.

46 CFR Part 189

    Marine safety, Oceanographic research vessels, Reporting and 
recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 1, 6, 62, 151, 160, and 173 and 46 CFR parts 4, 5, 7, 11, 
13, 15, 31, 67, 71, 91, 107, 126, 144, 147, 172, and 189 as follows:

Title 33--Navigation and Navigable Waters

PART 1--GENERAL PROVISIONS

Subpart 1.07--Enforcement; Civil and Criminal Penalty Proceedings

0
1. Revise the authority citation for part 1, subpart 1.07, to read as 
follows:

    Authority: 14 U.S.C. 503; 14 U.S.C 501; 33 U.S.C. 1321(b)(6)(B); 
46 U.S.C. 2103; DHS Delegation 00170.1, Revision No. 01.2.


Sec.  1.07-5  [Amended]

0
2. In Sec.  1.07-5(c), remove the text ``petty officer.'' and add, in 
its place, the text ``petty officer, or qualified civilian.''.

PART 6--PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT 
FACILITIES

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

    Authority: 40 Stat. 220, as amended; 50 U.S.C. 70051.

0
4. In Sec.  6.04-1, add paragraph (d) to read as follows:


Sec.  6.04-1  Enforcement.

* * * * *
    (d) Actions taken and decisions made under this part can be 
appealed through the procedures outlined in 33 CFR 160.7.

PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM

0
5. Revise the authority citation for part 62 to read as follows:

    Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 46 U.S.C. 70031, 
70041; DHS Delegation 00170.1, Revision No. 01.2.

[[Page 3223]]

Sec.  62.52  [Amended]

0
6. In Sec.  62.52(b), remove the text ``real (physically'' and add, in 
its place, the text ``physical (''.

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
7. Revise the authority citation for part 151 to read as follows:

    Authority: 33 U.S.C. 1902, 1903, 1908; 46 U.S.C. 6101; 46 U.S.C. 
70034; Pub. L. 104-227, 110 Stat. 3034; sec. 623, Pub. L. 108-293, 
118 Stat. 1063; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 
DHS Delegation 00170.1, Revision No. 01.2, paragraph (II)(77).


Sec.  151.66  [Amended]

0
8. Amend Sec.  151.66 as follows:
0
a. Remove paragraph (c)(3)(iv);
0
b. Redesignate paragraph (c)(3)(v) as paragraph (c)(3)(iv); and
0
c. In newly redesignated paragraph (c)(3)(iv):
0
i. Remove the first sentence; and
0
ii. Remove ``However, records must still'' and add, in its place, the 
words ``Records must''.

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
9. Revise the authority citation for part 160 to read as follows:

    Authority: 46 U.S.C. 70001-70003, 70034, and Chapter 701; DHS 
Delegation 00170.1, Revision No. 01.2. Subpart C is also issued 
under the authority of 46 U.S.C. 3715 and 46 U.S.C. 70011.

PART 173--VESSEL NUMBERING AND CASUALTY AND ACCIDENT REPORTING

0
10. Revise the authority citation for part 173 to read as follows:

    Authority: 31 U.S.C. 9701; 46 U.S.C. 2110, 6101, 12301, 12302; 
OMB Circular A-25; DHS Delegation 00170.1, Revision No. 01.2.


Sec.  173.57  [Amended]

0
11. Amend Sec.  173.57 as follows:
0
a. Remove paragraph (b);
0
b. Redesignate paragraph (c) as paragraph (b); and
0
c. In the introductory text of newly redesignated paragraph (b), remove 
the text ``As of January 1, 2017, each'' and add, in its place, the 
word ``Each''.

Title 46--Shipping

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

0
12. Revise the authority citation for part 4 to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, 2303A, 2306, 6101, 
6301, 6305, 70034; 50 U.S.C. 198; DHS Delegation 00170.1, Revision 
No. 01.2. Subpart 4.40 issued under 49 U.S.C. 1903(a)(1)(E).


Sec.  4.40-5  [Amended]

0
13. In Sec.  4.40-5(d)(3), remove the text ``$500,000'' and add, in its 
place, the text ``$2,000,000''.

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

0
14. Revise the authority citation for part 5 to read as follows:

    Authority: 46 U.S.C. 2103, 7101, 7301, 7701; DHS Delegation 
00170.1, Revision No. 01.2.


Sec.  5.713  [Amended]

0
15. Amend Sec.  5.713(b) by removing the text ``Commandant (CG-094), 
Attn: Judge Advocate General (JAG) and Chief Counsel, U.S. Coast Guard 
Stop 7213, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-
7213'' and adding, in its place, the text ``Suspension and Revocation 
National Center of Expertise (S&R NCOE): by mail to U.S. Coast Guard 
National Maritime Center, S&R National Center of Expertise, 100 Forbes 
Drive, Martinsburg, WV 25404-7213 or electronically to [email protected]''.

PART 7--BOUNDARY LINES

0
16. Revise the authority citation for part 7 to read as follows:

    Authority: 14 U.S.C. 503; 33 U.S.C. 151; DHS Delegation 00170.1, 
Revision No. 01.2.

0
17. Revise Sec.  7.30 to read as follows:


Sec.  7.30  New York Harbor, NY.

    A line drawn from East Rockaway Inlet Breakwater Light (LLNR 31500) 
at 40[deg]34'56.600'' N, 073[deg]45'17.200'' W to 40[deg]27'00'' N, 
073[deg]48'00'' W (former Ambrose Light position); thence to Highlands 
Light (LLNR 35025) (Private aid) (north tower) at 40[deg]23'47.640'' N, 
073[deg]59'09.000'' W.

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

0
18. Revise the authority citation for part 11 to read as follows:

    Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 
and 70105; E.O. 10173, 15 FR 7005, 3 CFR, 1949-1953 Comp., p.356; 
DHS Delegation 00170.1, Revision No. 01.2. Section 11.107 is also 
issued under the authority of 44 U.S.C. 3507.


Sec.  11.410  [Amended]

0
19. In Sec.  11.410(c), remove the text ``500'' and add, in its place, 
the text ``200''.


Sec.  11.711  [Amended]

0
20. In Sec.  11.711(c), remove the text ``1,600 GRT/3,000 GT'' wherever 
it appears and add, in its place, the text ``1,600 GRT'' and remove 
``of this subpart''.

PART 13--CERTIFICATION OF TANKERMEN

0
21. Revise the authority citation for part 13 to read as follows:

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; DHS 
Delegation 00170.1, Revision No. 01.2.


Sec.  13.201  [Amended]

0
22. In Sec.  13.201(c)(3), remove the text ``Table 1 to Sec.  13.121(g) 
of this part'' and add, in its place, the text ``Table 3 to Sec.  
13.121(e)''.


Sec.  13.301  [Amended]

0
23. In Sec.  13.301(c)(3), remove the text ``Table 1 to Sec.  13.121(g) 
of this part'' and add, in its place, the text ``Table 3 to Sec.  
13.121(e)''.


Sec.  13.401  [Amended]

0
24. In Sec.  13.401(d), remove the text ``Table 1 to Sec.  13.121(g) of 
this part'' and add, in its place, the text ``Table 3 to Sec.  
13.121(e)''.


Sec.  13.501  [Amended]

0
25. In Sec.  13.501(c)(3), remove the text ``Table 1 to Sec.  13.121(g) 
of this part'' and add, in its place, the text ``Table 3 to Sec.  
13.121(e)''.

PART 15--MANNING REQUIREMENTS

0
26. Revise the authority citation for part 15 to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8103, 
8104, 8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 
8904, 8905(b), 8906 and 9102; sec. 617, Pub. L. 111-281, 124 Stat. 
2905; and DHS Delegation 00170.1, Revision No. 01.2.


Sec.  15.105  [Amended]

0
27. Amend Sec.  15.105 as follows:
0
a. In paragraph (f)(1), remove the text ``2101(11)(a)'' and add, in its 
place, the text ``2101(12)''; and
0
b. In paragraph (f)(2), remove the text ``2101(11)(c)'' and add, in its 
place, the text ``2101(14)''.

0
28. In Sec.  15.812, amend Table 1 to paragraph (e)(2) by revising the 
first entry to read as follows:


Sec.  15.812  Pilots.

* * * * *

[[Page 3224]]

    (e) * * *
    (2) * * *

 Table 1 to Sec.   15.812(e)(2)--Quick Reference Table for Federal Pilotage Requirements for U.S.-Inspected Tank
                                         Barges, Not Sailing on Register
----------------------------------------------------------------------------------------------------------------
                                         Designated areas of
                                       pilotage waters (routes
                                        for which First-Class   Non-designated areas of pilotage waters (between
                                       Pilot's licenses or MMC    the 3-mile line and the start of traditional
                                         officer endorsements                   pilotage routes)
                                             are issued)
----------------------------------------------------------------------------------------------------------------
Tank Barges greater than 10,000 GRT/   First Class Pilot......  Master, Mate, or Master, Mate (Pilot) of towing
 GT, authorized by their COI to                                  vessels may serve as pilot if he or she:
 proceed beyond the Boundary Line, or                           1. Is at least 21 years old;
 operating on the Great Lakes.                                  2. Has an annual physical exam; \2\
                                                                3. Maintains current knowledge of the waters to
                                                                 be navigated; \1\ and
                                                                4. Has at least 6 months' service in the deck
                                                                 department on towing vessels engaged in towing
                                                                 operations
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ One roundtrip within the past 60 months.
\2\ Annual physical exam does not apply to an individual who will serve as a pilot of a tank barge of less than
  1,600 GRT.

* * * * *

PART 31--INSPECTION AND CERTIFICATION

0
29. Revise the authority citation for part 31 to read as follows:

    Authority: 46 U.S.C. 2103, 3205, 3306, 3307, 3703, 70034; 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; DHS Delegation 00170.1, Revision No. 01.2. Section 31.10-21 
is also issued under the authority of sec. 4109, Pub. L. 101-380, 
104 Stat. 515.


Sec.  31.10-16  [Amended]

0
30. Amend Sec.  31.10-16 as follows:
0
a. In paragraph (e)(1), remove the text ``17 Battery Place, Suite 1232, 
New York, NY 10004'' and add, in its place, the text ``180 Maiden Lane, 
Suite 903, New York, NY 10038''; and
0
b. In paragraph (e)(2), remove the text ``321 West 44th Street, New 
York, NY 10036'' and add, in its place, the text ``481 Eighth Avenue, 
New York, NY 10001''.

PART 67--DOCUMENTATION OF VESSELS

0
31. Revise the authority citation for part 67 to read as follows:

    Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 
U.S.C. 2103, 2104, 2107, 12102, 12103, 12104, 12105, 12106, 12113, 
12133, 12139; DHS Delegation 00170.1, Revision No. 01.2.

PART 71--INSPECTION AND CERTIFICATION

0
32. Revise the authority citation for part 71 to read as follows:

    Authority:  46 U.S.C. 2113, 3205, 3306, 3307, 70034; E.O. 12234, 
45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.


Sec.  71.30-10  [Amended]

0
33. In Sec.  71.30-10(a), after the word ``he'', add the words ``or 
she''.


Sec.  71.65-1  [Amended]

0
34. In Sec.  71.65-1(c), remove the text ``321 West 44th Street, New 
York, NY 10036'' and add, in its place, the text ``481 Eighth Avenue, 
New York, NY 10001''.

PART 91--INSPECTION AND CERTIFICATION

0
35. Revise the authority citation for part 91 to read as follows:

    Authority: 46 U.S.C. 3205, 3306, 3307, 70034; 46 U.S.C. Chapter 
701; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 
56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, 
Revision No. 01.2.


Sec.  91.25-50  [Amended]

0
36. In Sec.  91.25-50:
0
a. In paragraph (a), after the word ``he'', add the words ``or she''.
0
b. Add reserved paragraph (b).


Sec.  91.27-15  [Amended]

0
37. In Sec.  91.27-15:
0
a. In paragraph (a), after the word ``he'', add the words ``or she''.
0
b. Add reserved paragaph (b).

PART 107--INSPECTION AND CERTIFICATION

0
38. Revise the authority citation for part 107 to read as follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307; 46 U.S.C. 3316; 
DHS Delegation 00170.1, Revision No. 01.2. Section 107.05 is also 
issued under the authority of 44 U.S.C. 3507.


Sec.  107.317  [Amended]

0
39. In Sec.  107.317(d), remove the text ``321 West 44th Street, New 
York, NY 10036'' and add, in its place, the text ``481 Eighth Avenue, 
New York, NY 10001''.

PART 126--INSPECTION AND CERTIFICATION

0
40. Revise the authority citation for part 126 to read as follows:

    Authority: 46 U.S.C. 3205, 3306, 3307, 70034; 46 U.S.C. Chapter 
701; sec. 617, Pub. L. 111-281, 124 Stat. 2905; E.O. 11735, 38 FR 
21243, 3 CFR 1971-1975 Comp., p. 793; DHS Delegation 00170.1, 
Revision No. 01.2.


Sec.  126.100  [Amended]

0
41. In Sec.  126.100, after the word ``he'', add the words ``or she''.

PART 144--CONSTRUCTION AND ARRANGEMENT

0
42. Revise the authority citation for part 144 to read as follows:

    Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 
33 CFR 1.05; DHS Delegation 00170.1, Revision No. 01.2.


Sec.  144.105  [Amended]

0
43. In the introductory text of Sec.  144.105, remove the text ``, 
144.910''.

PART 147--HAZARDOUS SHIPS' STORES

0
44. Revise the authority citation for part 147 to read as follows:


[[Page 3225]]


    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2.

0
45. Revise the section heading to Sec.  147.5 to read as follows:


Sec.  147.5  Commandant (CG-ENG); address.

* * * * *

0
46. Revise the section heading to Sec.  147.40 to read as follows:


Sec.  147.40  Materials requiring Commandant (CG-ENG) approval.

* * * * *

PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES

0
47. Revise the authority citation for part 172 to read as follows:

    Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 
01.2.


Sec.  172.040  [Amended]

0
48. In Sec.  172.040(b), remove the text ``17 Battery Place, Suite 
1232, New York, New York 10004-1110'' and add, in its place, the text 
``180 Maiden Lane, Suite 903, New York, NY 10038''.

PART 189--INSPECTION AND CERTIFICATION

0
49. Revise the authority citation for part 189 to read as follows:

    Authority: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2.


Sec.  189.25-50  [Amended]

0
50. In Sec.  189.25-50:
0
a. In paragraph (a), after the word ``he'', add the words ``or she''.
0
b. Add reserved paragraph (b).

Michael Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-00804 Filed 1-20-22; 8:45 am]
BILLING CODE 9110-04-P