Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments, 22942-22949 [2024-06922]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 89, Number 65 (Wednesday, April 3, 2024)]
[Rules and Regulations]
[Pages 22942-22949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 5, 104, 151, 155, 161, 164, 165, 174, and 175

46 CFR Parts 3, 15, 70, 117, 118, 119, and 147

[Docket No. USCG-2023-0759]


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 final rule is a continuation of our practice of 
periodically issuing rules to keep our regulations up-to-date and 
accurate. This final rule will have no substantive effect on the 
regulated public.

DATES: This final rule is effective April 3, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to www.regulations.gov, type USCG-2023-0759 
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 Mr. Dale Murad, Coast Guard; telephone 202-372-3747, 
email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
    A. Authority Citation Updates
    B. Technical Amendments to Title 33 of the CFR
    C. Technical Amendments to Title 46 of the CFR
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 and Incorporation by Reference
    M. Environment

I. Abbreviations

CFR Code of Federal Regulations
CG-MER Office of Marine Environmental Response Policy
DDH Document Drafting Handbook
DHS Department of Homeland Security
FR Federal Register
GPO Government Publishing Office
OMB Office of Management and Budget
Sec.  Section
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. Also, under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that, for the same reasons, good cause also 
exists for making this final rule effective upon publication in the 
Federal Register.

III. Basis and Purpose

    This final rule, which becomes effective on April 3, 2024, 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 authorities of 5 U.S.C. 552(a) 
and 553; 14 U.S.C. 102 and 503; Department of Homeland Security (DHS) 
Delegation No. 00170.1, Revision No. 01.3; and authorities listed at 
the end of this rule for each CFR part this rule amends.

[[Page 22943]]

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 final rule updates the authority citations in 33 CFR parts 1, 
151, 155, 161, 164, and 175, and 46 CFR parts 3, 15, 70, 117, 118, 119, 
and 147. Specifically, this final rule implements the updates to DHS 
Delegation No. 00170.1, Revision No. 01.3 in 33 CFR parts 1, 151, 155, 
161,164, and 175, and 46 CFR parts 3, 15, 70, 117, 118, 119, and 147.

B. Formatting Amendments To Accompany Technical Amendments in this 
Document

    The Office of the Federal Register's Document Drafting Handbook 
(DDH) provides guidance on how to follow the formatting and editorial 
requirements established in 44 U.S.C. chapter 15 (the Federal Register 
Act) and 1 CFR chapter I. See the Introduction to the DDH, which is at 
www.archives.gov/files/federal-register/write/handbook/ddh.pdf. At page 
2-55, the DDH refers readers to the Government Publishing Office (GPO) 
Style Manual as a guide for punctuation, capitalization, spelling, 
compounding, and other style matters not addressed in the DDH.
    In a note on page 2-29, the DDH states, ``Even if you have only one 
note, appendix, table, or figure, you must still designate it as `Note 
1', `Appendix A', etc.'' To comply with this guidance, we have numbered 
any unnumbered tables and notes, which are otherwise being amended in 
this document. In an example on page 77, the GPO Style Manual provides 
that the word ``table'' should be capitalized when the word is part of 
the title of the table. The GPO Style Manual is at www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf. To 
comply with this guidance, we have capitalized the word ``table'' 
wherever it is used in these technical amendments as part of the title 
of the table.

C. Technical Amendments to Title 33 of the CFR

    In Sec.  1.05-1(d), this final rule updates language to reflect the 
new rulemaking delegation memo for rulemakings from Coast Guard 
Headquarters issued by the Commandant on April 6, 2023. Specifically, 
these changes reflect current delegations in Commandant Memorandum 
16704, which delegates rulemaking authority to the following 
headquarters individuals and offices: Assistant Commandant of 
Prevention Policy (CG-5P), the Assistant Commandant for Response Policy 
(CG-5R), the Assistant Commandant for Resources (CG-8), and the Judge 
Advocate General (CG-094). The revised language preserves and 
incorporates verbatim the limitation of this delegation to those 
regulations determined nonsignificant within the meaning of Executive 
Order 12866, which had been in what was subparagraph (d)(2). As noted 
above, the Memo only addresses delegations of rulemaking authorities to 
headquarters organizations, in this case, those covered in paragraph 
(d) of 33 CFR 1.05-1; it does not affect delegations to field offices, 
which are covered in paragraph (e) of Sec.  1.05-1.
    In Sec.  5.26(b), this final rule replaces the outdated reference 
to the Coast Guard Institute with a reference to the Coast Guard 
Education and Training Quota Management Command. In 2017, the Coast 
Guard Institute was decommissioned and functionally replaced by the 
Coast Guard Education and Training Quota Management Command.
    In Sec.  104.400(b), this final rule removes an outdated address, 
as the Marine Safety Center no longer has a location in Arlington, 
Virginia.
    In Sec. Sec.  151.27 and 151.28, this final rule updates language 
to reflect the current directorate, office titles, and individuals 
fulfilling those responsibilities, and corrects mailing, email, and 
electronic submission addresses. This final rule replaces the outdated 
``CG-CVC-1'' title with ``CG-MER'' and updates instructions for 
submitting plans and revisions electronically. It also removes 
paragraph (h) in both sections. The paragraphs being removed address 
the use of forms, which are no longer used.
    In the note to what is currently labeled ``Table 155.1050(k)'', and 
in Sec. Sec.  155.1065(h), 155.1070(g), 155.5067(c), 155.5075(a), and 
155.5075(b), this final rule removes outdated language and replaces it 
with the names of current directorates, office titles, and individuals 
fulfilling those responsibilities. The text ``Table 155.1050(k)'' has 
been changed to ``Table 1 to Sec.  155.1050(k),'' and its note has been 
changed to ``Note 1'' in accordance with the DDH. In addition, in 
Sec. Sec.  155.1065(h), 155.1070(g), and 155.5075(a) and (b), this 
final rule removes the text, ``Incident Management and Preparedness 
Policy,'' and replaces that text with ``Emergency Management.'' In 
addition, it corrects mailing, email, and electronic submission 
addresses.
    In Sec.  155.1065(a), this final rule substitutes ``must'' for the 
obsolete term ``shall,'' in accordance with direction in the Federal 
Plain Language Guidelines, March 2011, the use of which has been 
mandated by the Office of Management and Budget (OMB) Memo M-11-15 
(Final Guidance on Implementing the Plain Writing Act of 2010). 
(https://obamawhitehouse.archives.gov/sites/default/files/omb/memoranda/2011/m11-15.pdf.) In addition, in Sec. Sec.  155.1065(a) and 
155.5065(a), this final rule updates instructions for electronically 
submitting a vessel response plan to the Commandant. It updates the 
website link for submitting a vessel response plan, and it adds a 
website link for new user registration (to enable electronic 
submission). It also updates the postal mailing address to reflect the 
correct ``Stop'' number and zip code for the Office of Marine 
Environmental Response Policy (CG-MER).
    In Sec.  155.1065(b), this final rule removes the last sentence of 
the paragraph, and, in Sec.  155.5065(b), this final rule removes the 
last two sentences of the paragraph. In Sec.  155.5065(b), the 
penultimate sentence provides an incorrect website link for submitting 
a vessel response plan electronically. The substance of this sentence 
has been moved to paragraph (a), with the correct link substituted for 
the incorrect link currently provided in the sentence being removed 
from paragraph (b). The very last sentences of both Sec. Sec.  
155.1065(b) and 155.5065(b) refer to a document which is no longer 
used, and which is not available at the website linked. The document 
relates to submissions sent to the postal address for CG-MER. Vessel 
response plans so submitted need not use the form referred to in the 
sentence, which has been deleted.
    In Sec. Sec.  161.60(d)(2) and (3), this final rule replaces 
outdated references to redesignated paragraphs. These revisions align 
the references with the amendments made to Sec.  161.60 in 67 FR 53742 
(August 19, 2002), which redesignated paragraphs (b) through (d) as 
paragraphs (c) through (e), respectively, and added a new paragraph 
(b). References to the redesignated paragraphs were not updated in 
other paragraphs of this section at the time the paragraphs were 
redesignated.
    This final rule revises ``Note to paragraph (d)'' in Sec.  164.46 
to ``Note 1 to Sec.  164.46(d)'', in accordance with the DDH. In the 
same note, this final rule

[[Page 22944]]

corrects the address of the linked website (which leads to the 
Navigation Center home page) to take the reader directly to ``FAQ #2'' 
on the ``AIS Frequently Asked Questions'' page, (which is posted 
elsewhere on the Navigation Center website). FAQ #2 contains a link to 
the referenced ``USCG AIS Encoding Guidance.''
    In Sec.  164.70, this final rule replaces the outdated acronym for 
the Army Corps of Engineers ``ACOE'' with its new acronym, ``USACE.''
    In Sec.  165.840(a), this final rule updates the coordinates to the 
entrance of Egmont Channel to its correct location of 
28[deg]56'12.619'' N, 088[deg]58'10.303'' W.
    In Sec.  165.1704(c), this final rule replaces the reference to 
Sec.  161.60(c) with the corrected reference to Sec.  161.60(d). As 
noted in the amendments to Sec.  161.60, 67 FR 53742 redesignated 
paragraphs (b) through (d) in Sec.  161.60 as paragraphs (c) through 
(e), respectively, while adding a new paragraph (b). However, 
references to the redesignated paragraphs were not updated in other 
sections, which this rule corrects.
    This final rule removes paragraph (c) in Sec. Sec.  174.17 and 
174.19, as both paragraphs contained outdated and no longer applicable 
information on vessel numbering.
    In Sec.  175.380(a), this final rule replaces the reference to 
``table 2 to Sec.  175.320(b)(1)'' with a reference to ``Table 4.'' 
There is no ``table 2 to Sec.  175.320.'' Paragraph (a) of Sec.  
175.380 involves fire extinguisher capacity, and ``Table 4 to Sec.  
175.320(b)(1)'', which establishes the number and size of portable fire 
extinguishers required aboard a recreational vessel more than 65 feet 
in length, is the correct reference.

D. Technical Amendments to Title 46 of the CFR

    In Sec.  3.03-1, this final rule replaces a reference to the 
definition of oceanographic research vessel in ``46 U.S.C. 2101(18)'' 
with ``46 U.S.C. 2101.'' Section 2101 contains a list of definitions in 
alphabetical order, and because new terms have been added to those 
already there, the numbering of the subsections in Sec.  2101 has 
changed. The definition of ``major conversion'' is now found at 46 
U.S.C. 2101(18) and the definition of ``oceanographic research vessel'' 
has moved to 46 U.S.C. 2101(24). We have decided not to specify the 
subsection in the replacement language, as subsection numbers are 
likely to continue to change as additional definitions are included in 
46 U.S.C. 2101. In Sec. Sec.  15.605(a) and (b), this final rule 
replaces outdated references in the statutory definition of 
``uninspected passenger vessel'' with the correct reference. Congress 
added more definitions to 46 U.S.C. 2101 since 46 CFR 15.605 was 
published. And since definitions are listed there in alphabetical 
order, subsection numbers have changed.
    As Sec. Sec.  15.605(a) and (b) no longer reference the correct 
subparagraphs for the statutory definition for ``uninspected passenger 
vessel,'' this final rule replaces ``46 U.S.C. 2101(42)(A)'' with ``46 
U.S.C. 2101(53)(A)'' in Sec.  15.605(a), and with ``46 U.S.C. 
2101(53)(B)'' in Sec.  15.605(b). Here, we have retained the 
subparagraph numbers ``(53)(A)'' and ``(53)(B)'', because the 
requirements differ depending on which subsection of Sec.  2101 
applies.
    In Sec. Sec.  70.05-1(a) and 70.05-3(a), this final rule updates 
language and corrects a table reference. Originally, Sec.  70.05-3(a) 
referred to ``column 4 of table 70.05-1(a),'' which existed when the 
rule was originally published (on December 30, 1965, at 30 FR 16892), 
but no such table exists today. The correct reference today is to 
``column 3 of Table 2.01-7(a).'' In Sec.  70.05-1(a), this final rule 
adds a reference to that table as well.
    In Sec. Sec.  117.71(d), 118.115(b), and 119.115(c), this final 
rule removes implementation deadlines for certain life jackets that 
have passed and are no longer relevant. This rule also adjusts and 
removes language in Sec.  117.71(d) to reflect the removal of these 
outdated implementation deadlines.
    In Sec.  147.50(d), which provides that ``[l]iquefied or non-
liquefied gas is prohibited for cooking, heating, and lighting on ferry 
vessels, but may be used on other inspected vessels if the system in 
which it is used meets the applicable requirements of subpart 58.16 or 
subpart 184.05 of this chapter. . .,'' this final rule replaces 
``subpart 184.05'' with ``subpart B of part 184 of this chapter.'' The 
reference to ``subpart 184.05'' was added to Sec.  147.50 in 1989 (54 
FR 6396, 6402, Feb. 10, 1989). In 1996, we issued a rule (61 FR 864, 
933, Jan. 10, 1996) that completely revised our regulations affecting 
small passenger vessels, including those in 46 CFR part 184. Subpart 
184.05 became subpart b of part 184.

V. Regulatory Analyses

    We developed this final 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.
    The OMB has not designated this rule a significant regulatory 
action under section 3(f) of Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review), and will not 
affect the Coast Guard's budget or increase Federal spending. A 
regulatory analysis follows.
    This final rule involves non-substantive technical amendments and 
internal agency practices and procedures; it will not impose any 
additional costs. The technical amendments in this final 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 final 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.
    The unquantified benefits of the non-substantive technical 
amendments are increased accuracy of regulatory information by 
correcting erroneous information, and 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, correcting technical items such as office contact details 
and location coordinates will improve the ability to reference and 
contact the correct entities.

[[Page 22945]]



     Table 1--Summary of Regulatory Changes by CFR Title and Section
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                                      Description of
   CFR title        CFR section          changes        Economic impact
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33.............  Sec.   1.05-1(d).  Reflects changes   Improves
                                     brought on by      readability by
                                     the 2023 memo      removing or
                                     issued by the      replacing
                                     Commandant that    irrelevant and
                                     revised the        outdated
                                     delegation memo    information.
                                     for rulemakings.
46.............  Sec.  Sec.   3.03- Removes outdated   Improves
                  1, 15.605(a),      instructions and   readability by
                  15.605(b),         replaces it with   removing or
                  117.71(d),         updated            replacing
                  118.115(b),        locations,         irrelevant and
                  119.115(c),        websites, and      outdated
                  147.50(d).         email addresses.   information.
33.............  Sec.  Sec.         Removes outdated   Improves
                  5.26(b),           instructions and   readability by
                  104.400(b).        replaces it with   removing or
                                     updated            replacing
                                     locations,         irrelevant and
                                     websites, and      outdated
                                     email addresses.   information.
                 Sec.  Sec.         Removes outdated   Improves
                  155.1050(k),       instructions and   readability by
                  155.1065(a),       replaces it with   removing or
                  155.1065(b),       updated            replacing
                  155.1065(h),       locations,         irrelevant and
                  155.1070(g),       websites, and      outdated
                  155.5065(a),       email addresses.   information.
                  155.5065(b),
                  155. 5067(c),
                  155.5075(a),
                  155.5075(b),
                  155.1065(a),
                  161.60(d)(2),
                  161.60(d)(3),
                  161.60(d)(4),
                  164.46(d)(4),
                  174.17, 174.19.
46.............  Sec.  Sec.         Improves the       Corrects various
                  70.05-1(a),        accuracy of        typographical
                  70.05-3(a).        regulatory         errors.
                                     information by
                                     correcting
                                     erroneous
                                     information.
33.............  Sec.  Sec.         Adds clarifying    Improves
                  151.27, 151.28,    language and       readability by
                  165.1704(c).       removes            removing or
                                     redundant,         replacing
                                     confusing, or      irrelevant and
                                     incorrect          outdated
                                     language.          information.
                 Sec.   164.70....  Improves the       Improves
                                     accuracy of        readability by
                                     regulatory         removing or
                                     information by     replacing
                                     correcting         irrelevant and
                                     erroneous          outdated
                                     information.       information.
                 Sec.   165.173,    Improves the       Corrects
                  165.840(a),        accuracy of        information and
                  175.380(a).        regulatory         conforms text to
                                     information by     DDH formatting
                                     correcting         guidelines.
                                     erroneous
                                     information.
------------------------------------------------------------------------

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, 
requires federal agencies to consider the potential impact on small 
entities when they issue a rule after being required to first publish a 
general notice of proposed rulemaking. Under 5 U.S.C. 604(a), a 
regulatory flexibility analysis is not required for this final rule 
because under provision in 553(b)(B) we were not required to publish a 
general notice of a proposed rulemaking. Therefore, we did not conduct 
a regulatory flexibility analysis for this rule.

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 final 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 final rule or any policy or action of the Coast 
Guard.

D. Collection of Information

    This final rule calls for no new collection of information nor does 
it change any existing collection of information under the Paperwork 
Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

    A final 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 final 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 final rule will not 
result in such expenditure, we do discuss the effects of this final 
rule elsewhere in this preamble.

G. Taking of Private Property

    This final 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 final 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 final rule under Executive Order 13045 
(Protection of Children from Environmental Health Risks and Safety 
Risks). This final 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 final 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.

[[Page 22946]]

K. Energy Effects

    We have analyzed this final 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.

L. Technical Standards and Incorporation by Reference

    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 final rule does not use technical standards. Therefore, we did 
not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this final rule under DHS Management Directive 
023-01, Rev. 1, associated implementing instructions, and Environmental 
Planning COMDTINST 5090.1 (series), which 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 final rule is categorically excluded under 
paragraph A3 and L54 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev 1. Paragraph A3 pertains to ``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; 
(d) Those that interpret or amend an existing regulation without 
changing its environmental effect; (e) Technical guidance on safety and 
security matters; or (f) Guidance for the preparation of security 
plans.'' Paragraph L54 pertains to ``Regulations which are editorial or 
procedural, such as those updating addresses or establishing 
application procedures.'' This final rule makes non-substantive 
technical, organizational, and conforming amendments to existing Coast 
Guard regulations.
    This final rule is a continuation of our practice of periodically 
issuing rules to keep our regulations up-to-date and accurate. This 
final rule will have no substantive effect on the regulated public.

List of Subjects

33 CFR Part 1

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

33 CFR Part 5

    Volunteers.

33 CFR Part 104

    Maritime security, Reporting and recordkeeping requirements, 
Security measures.

33 CFR Part 151

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

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and 
recordkeeping requirements.

33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

33 CFR Part 164

    Marine, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

33 CFR Part 174

    Intergovernmental relations, Marine safety, Reporting and 
recordkeeping requirements.

33 CFR Part 175

    Fire prevention, Marine safety.

46 CFR Part 3

    Oceanographic research vessels, Reporting and recordkeeping 
requirements, Research.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 117

    Marine safety, Passenger vessels.

46 CFR Part 118

    Fire prevention, Marine safety, Passenger vessels, Reporting and 
recordkeeping requirements.

46 CFR Part 119

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 147

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 1, 5, 104, 151, 155, 161,164, 165, 174, and 175 and 46 CFR 
parts 3, 15, 70, 117, 118, 119, and 147 as follows:

Title 33--Navigation and Navigable Waters

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 is revised to read as follows:

    Authority: 14 U.S.C. 502, 503, 505; 33 U.S.C. 401, 491, 525, 
1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; DHS Delegation 
No. 00170.1, Revision No. 01.3.; section 1.01-70 also issued under 
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 
CFR, 1991 Comp., p. 351.


0
2. Revise Sec.  1.05-1(d) to read as follows:


Sec.  1.05-1  Delegation of rulemaking authority.

* * * * *

[[Page 22947]]

    (d) The Commandant has redelegated the authority to develop and 
issue those regulations necessary to implement laws, treaties, and 
Executive orders to the Assistant Commandant for Prevention Policy, the 
Assistant Commandant for Response Policy, the Assistant Commandant for 
Resources, and the Judge Advocate General. The authority redelegated in 
this paragraph is limited to those regulations determined to be 
nonsignificant within the meaning of Executive Order 12866.
* * * * *

PART 5--COAST GUARD AUXILIARY

0
3. The authority citation for part 5 continues to read as follows:

    Authority: 14 U.S.C. 503, 3901, 3902, 3903, 3904, 3905, 3907, 
3908, 3909, 3910, 3911, 3912, 3913, 4102.


Sec.  5.26  [Amended]

0
4. In Sec.  5.26(b), remove the words ``Coast Guard Institute'' and 
add, in their place, the words ``Coast Guard Education and Training 
Quota Management Command''.

PART 104--MARITIME SECURITY: VESSELS

0
5. The authority citation for part 104 continues to read as follows:

    Authority: 46 U.S.C. 70051, 70116, Chapter 701; 33 CFR 1.05-1, 
6.04-11, 6.14, 6.16, and 6.19; DHS Delegation No. 00170.1, Revision 
No. 01.3.


Sec.  104.400  [Amended]

0
6. In Sec.  104.400(b), remove the text ``, 4200 Wilson Boulevard Suite 
400, Arlington, VA 22203 for visitors''.

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

0
7. The authority citation for part 151 is revised 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 No. 00170.1, Revision No. 01.3.


0
8. Amend Sec.  151.27 as follows:
0
a. Revise paragraphs (b) and (g); and
0
b. Remove paragraph (h).
    The revisions read as follows:


Sec.  151.27  Plan submission and approval.

* * * * *
    (b) An owner or operator of a ship to which this part applies shall 
prepare and submit one English language copy of the shipboard oil 
pollution emergency plan electronically at https://vrp.uscg.mil/homeport-vrp/vrp-express/ by signing in using the registered email 
address and password or by email to [email protected]. For new user 
registrations, please follow the process provided in the United States 
Coast Guard Homeport website at https://homeport.uscg.mil/Pages/NewUserRegistration.aspx.or by mail to Commandant (CG-MER), Attn: 
Vessel Response Plans, U.S. Coast Guard Stop 7501, 2703 Martin Luther 
King Jr. Avenue SE, Washington, DC 20593-7501.
* * * * *
    (g) Plans, including revisions, should be submitted electronically 
by using the Vessel Response Plan Electronic Submission Tool available 
at https://vrp.uscg.mil/homeport-vrp/vrp-express/ for registered users 
or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. 
Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, 
Washington, DC 20593-7516 or by email to [email protected].

0
9. Amend Sec.  151.28 as follows:
0
a. Remove the text ``CG-CVC-1'', wherever it appears, and add, in its 
place, the text ``CG-MER'';
0
b. Revise paragraph (g); and
0
c. Remove paragraph (h).
    The revision reads as follows:


Sec.  151.28  Plan review and revision.

* * * * *
    (g) Plans, including revisions, should be submitted electronically 
by using the Vessel Response Plan Electronic Submission Tool available 
at https://vrp.uscg.mil/homeport-vrp/vrp-express/ for registered users 
or by mail to Commandant (CG-MER), Attn: Vessel Response Plans, U.S. 
Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE, 
Washington, DC 20593-7516 or by email to [email protected].

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

0
10. The authority citation for part 155 is revised to read as follows:

    Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1321(j), 1903(b), 
2735; 46 U.S.C. 70011; 70034; E.O. 12777, 56 FR 54757, 3 CFR, 1991 
Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 01.3. 
Section 155.1020 also issued under section 316 of Pub. L. 114-120. 
Section 155.480 also issued under section 4110(b) of Pub. L. 101-
380.


Sec.  155.1050  [Amended]

0
11. Amend Sec.  155.1050(k) by:
0
a. Removing the text ``Table 155.1050(k)'' and adding, in its place, 
the text ``Table 1 to Sec.  155.1050(k)'';
0
b. In the new ``Table 1 to Sec.  155.1050(k)'', removing the text 
``Note'' and adding, in its place, the text ``Note 1''; and
0
c. In the new ``Note 1 to Table 1 to Sec.  155.1050(k)'', removing the 
text ``Office of Incident Management & Preparedness (CG-533)'' and 
adding, in its place, the text ``Office of Marine Environmental 
Response Policy (CG-MER)''.


Sec.  155.1065  [Amended]

0
12. Amend Sec.  155.1065 as follows:
0
a. Revise paragraphs (a) and (b); and
0
b. In paragraph (h), remove the words ``Incident Management and 
Preparedness Policy'' whenever they appear, and add, in their place, 
the words ``Emergency Management''.
    The revision reads as follows:


Sec.  155.1065  Procedures for plan submission, approval, requests for 
acceptance of alternative planning criteria, and appeal.

    (a) An owner or operator of a vessel to which this subpart applies 
must submit one complete English language copy of a vessel response 
plan to Commandant electronically by using the Vessel Response Plan 
Electronic Submission Tool available at https://vrp.uscg.mil/homeport-vrp/vrp-express/ by signing in using the registered email address and 
password, or by email to [email protected], or by mail to Commandant (CG-
MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516. For new 
Homeport user email address and password registrations (to enable 
electronic submissions), please follow the process provided in the 
United States Coast Guard Homeport website at https://homeport.uscg.mil/Pages/NewUserRegistration.aspx. The plan must be 
submitted at least 60 days before the vessel intends to handle, store, 
transport, transfer, or lighter oil in areas subject to the 
jurisdiction of the United States.
    (b) The owner or operator must include a statement certifying that 
the plan meets the applicable requirements of subparts D, E, F, G, and 
J of this part and shall include a statement indicating whether the 
vessel(s) covered by the plan are manned vessels carrying oil as a 
primary cargo, unmanned vessels carrying oil as a primary cargo, or 
vessels carrying oil as a secondary cargo.
* * * * *


Sec.  155.1070  [Amended]

0
13. In Sec.  155.1070(g), remove the words ``Incident Management and

[[Page 22948]]

Preparedness Policy'' whenever they appear, and add, in their place, 
the words ``Emergency Management''.

0
14. Amend Sec.  155.5065 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  155.5065  Procedures for plan submission and approval.

    (a) An owner or operator of a nontank vessel to which this subpart 
applies must submit one complete English language copy of a vessel 
response plan to Commandant electronically by using the Vessel Response 
Plan Electronic Submission Tool for registered users available at 
https://vrp.uscg.mil/homeport-vrp/vrp-express/ or by mail to Commandant 
(CG-MER), Attn: Vessel Response Plans, U.S. Coast Guard Stop 7516, 2703 
Martin Luther King Jr. Avenue SE, Washington, DC 20593-7516 or by email 
to [email protected]. The plan must be submitted at least 60 days before the 
vessel intends to operate upon the navigable waters of the United 
States.
    (b) The owner or operator of a nontank vessel must include a 
statement certifying that the VRP meets the applicable requirements of 
this subpart and the requirements of subparts D, E, F, and G, if 
applicable. The vessel owner or operator must also include a statement 
certifying that the vessel owner or operator has ensured the 
availability of, through contract or other approved means, the 
necessary private response resources to respond, to the maximum extent 
practicable, to a worst-case discharge or substantial threat of such a 
discharge from their vessel as required under this subpart.
* * * * *


Sec.  155.5067  [Amended]

0
15. In Sec.  155.5067(c), remove the text ``(CG-CVC), Office of 
Commercial Vessel Compliance'' and add, in its place, the text ``(CG-
MER), Office of Marine Environmental Response Policy''.


Sec.  155.5075  [Amended]

0
16. In Sec.  155.5075(a) and (b), remove the words ``Incident 
Management and Preparedness Policy'' whenever they appear, and add, in 
their place, the words ``Emergency Management''.

PART 161--VESSEL TRAFFIC MANAGEMENT

0
17. The authority citation for part 161 is revised to read as follows:

    Authority: 46 U.S.C. 70001, 70002, 70003, 70034, 70114, 70119; 
Pub. L. 107-295, 116 Stat. 2064; DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  161.60  [Amended]

0
18. Amend Sec.  161.60 as follows:
0
a. In paragraph (d)(2), remove the text ``(c)(3)'' and add, in its 
place, the text ``(d)(3)''; and
0
b. In paragraph (d)(3), remove the text ``(c)(2)'' and add, in its 
place, the text ``(d)(2)''.

PART 164--NAVIGATION SAFETY REGULATIONS

0
19. The authority citation for part 164 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C. 
8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of 
Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS 
Delegation No. 00170.1, Revision No. 01.3.


Sec.  164.46  [Amended]

0
20. In Sec.  164.46(d), remove the text ``Note to paragraph (d)'' and 
add, in its place, the text ``Note 1 to Sec.  164.46(d)''; remove the 
text ``U.S. AIS Encoding Guide'' and add, in its place, the text ``USCG 
AIS Encoding Guidance''; and remove the text ``www.navcen.uscg.gov'' 
and add, in its place, the text ``www.navcen.uscg.gov/ais-frequently-asked-questions#2''.


Sec.  164.70  [Amended]

0
21. In Sec.  164.70, amend the definition ``Currently corrected 
edition'' by removing the text ``(ACOE)'' and adding, in its place, the 
text ``(USACE)''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
22. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


Sec.  165.840   [Amended]

0
23. In Sec.  165.840(a), remove the text ``008[deg]58'10.303'' W'' and 
add, in its place, the text ``088[deg]58'10.303'' W''.


Sec.  165.1704  [Amended]

0
24. In Sec.  165.1704(c), remove the text ``Sec.  161.60(c)'' and add, 
in its place, the text ``Sec.  161.60(d)''.

PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS

0
25. The authority citation for part 174 continues to read as follows:

    Authority: 46 U.S.C. 6101 and 12302; DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  174.17   [Amended]

0
26. Remove Sec.  174.17(c).


Sec.  174.19   [Amended]

0
27. Remove Sec.  174.19(c).

PART 175--EQUIPMENT REQUIREMENTS

0
28. The authority citation for part 175 is revised to read as follows:

    Authority: 46 U.S.C. 4302; DHS Delegation No. 00170.1, Revision 
No. 01.3.


Sec.  175.380  [Amended]

0
29. In Sec.  175.380(a), remove the text ``table 2'' and add, in its 
place, the text ``Table 4''.

Title 46--Shipping

PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS

0
30. The authority citation for part 3 is revised to read as follows:

    Authority: 46 U.S.C. 2113, 3306; DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  3.03-1  [Amended]

0
31. In Sec.  3.03-1, remove the text ``46 U.S.C. 2101(18)'' and add, in 
its place, the text ``46 U.S.C. 2101''.

PART 15--MANNING REQUIREMENTS

0
32. The authority citation for part 15 is revised 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; and DHS Delegation No. 00170.1, 
Revision No. 01.3.


Sec.  15.605   [Amended]

0
33. Amend Sec.  15.605 by:
0
a. In paragraph (a), removing the text remove the text ``46 U.S.C. 
2101(42)(A)'' and add, in its place, the text ``46 U.S.C. 
2101(53)(A)''; and
0
b. In paragraph (b), removing the text remove the text ``46 U.S.C. 
2101(42)(B)'' and add, in its place, the text ``46 U.S.C. 
2101(53)(B)''.

PART 70--GENERAL PROVISIONS

0
34. The authority citation for part 70 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 
3 CFR, 1980 Comp., p. 277, sec. 1-105; DHS Delegation No. 00170.1, 
Revision No. 01.3.

0
35. Revise Sec.  70.05-1(a) introductory text to read as follows:

[[Page 22949]]

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

    (a) This subchapter is applicable to all U.S.-flag vessels 
indicated in column 3 of Table 2.01-7(a) in Sec.  2.01-7(a) of this 
chapter that are 100 gross tons or more, except as follows:
* * * * *

0
36. Revise Sec.  70.05-3(a) introductory text to read as follows:


Sec.  70.05-3   Foreign vessels subject to the requirements of this 
subchapter.

    (a) Except as specifically noted in paragraphs (b), (e), and (f) of 
this section, parts 70 to 78, inclusive, of this subchapter, are 
applicable to the extent prescribed by law to all foreign vessels of 
the following classifications indicated in column 3 of Table 2.01-7(a) 
in Sec.  2.01-7(a) of this chapter that are 100 gross tons or over:
* * * * *

PART 117--LIFESAVING EQUIPMENT AND ARRANGEMENTS

0
37. The authority citation for part 117 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.


0
38. Amend Sec.  117.71 by revising paragraph (d) to read as follows:


Sec.  117.71  Life jackets.

* * * * *
    (d) Cork and balsa wood life jackets previously approved in 
accordance with Sec.  106.003 or Sec.  160.004 in subchapter Q of this 
chapter may not be used to meet the requirements of this section.
* * * * *

PART 118--FIRE PROTECTION EQUIPMENT

0
39. The authority citation for part 118 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.


Sec.  118.115  [Amended]

0
40. In Sec.  118.115(b), remove the text ``on or before March 11, 
1999''.

PART 119--MACHINERY INSTALLATION

0
41. The authority citation for part 119 is revised to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.


Sec.  119.115   [Amended]

0
42. In Sec.  119.115(c), remove the text ``On or before March 11, 1999, 
an'' and add, in its place, the text ``An''.

PART 147--HAZARDOUS SHIPS' STORES

0
43. The authority citation for part 147 is revised to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.3.


Sec.  147.50   [Amended]

0
44. In Sec.  147.50(d), remove the text ``subpart 184.05'' and add, in 
its place, the text ``subpart B of part 184 of this chapter.''

    Dated: March 28, 2024.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2024-06922 Filed 4-2-24; 8:45 am]
BILLING CODE 9110-04-P