Department of Homeland Security Coast Guard
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Thursday, June 19, 2008 Part II Department of Homeland Security Coast Guard 33 CFR Parts 1, 40, 62 et al. Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments; Final Rule VerDate Aug<31>2005 19:29 Jun 18, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19JNR2.SGM 19JNR2 pwalker on PROD1PC71 with RULES2 34998 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations DEPARTMENT OF HOMELAND H. Protection of Children bridge actions, we have removed the SECURITY I. Indian Tribal Governments word ‘‘hearing’’ and replaced it with J. Energy Effects ‘‘meeting’’. Changing the wording from Coast Guard K. Technical Standards ‘‘hearing’’ to ‘‘meeting’’ has no L. Environment substantive effect on how the Coast 33 CFR Parts 1, 40, 62, 66, 80, 84, 100, I. Regulatory History Guard currently announces or gathers 101, 104, 105, 110, 114, 115, 116, 117, We did not publish a notice of public opinion or other information 118, 126, 135, 151, 153, 154, 155, 156, proposed rulemaking (NPRM) for this regarding bridge matters, nor will it 157, 158, 159, 161, 162, 164, 165, 166, regulation. Under both 5 U.S.C. change the substance of the public’s 173, 174, 179, 181, 183, and 187 553(b)(A) and (b)(B), the Coast Guard involvement in the process. Lastly, in [USCG–2008–0179] finds this rule is exempt from notice sections 153.103, 154.1016, 154.1216, and 165.100, the reference to the RIN 1625–ZA16 and comment rulemaking requirements because these changes involve agency definition of ‘‘Navigable waters’’ is updated to accurately reflect where the Navigation and Navigable Waters; organization and practices, and good definition may be referenced within the Technical, Organizational, and cause exists for not publishing an NPRM Code of Federal Regulations (CFR). Conforming Amendments for all revisions in the rule because they are all non-substantive changes. This Additional amendments to parts 1, 40, AGENCY: Coast Guard, DHS. rule consists only of corrections and 66, 80, 100, 101, 104, 110, 114, 117, 151, ACTION: Final rule. editorial, organizational, and 155, 157, 158, 161, 162, 165, 166, 173, conforming amendments. These changes and 187 are as follows: SUMMARY: This rule makes non- will have no substantive effect on the 33 CFR 1.05. In § 1.05(d), we have substantive changes throughout Title 33 public; therefore, it is unnecessary to updated the delegation of rulemaking of the Code of Federal Regulations. The publish an NPRM. Under 5 U.S.C. authority from the Commandant to the purpose of this rule is to make 553(d)(3), the Coast Guard finds that, for Assistant Commandant for Marine conforming amendments and technical the same reasons, good cause exists for Safety, Security, and Stewardship (CG– corrections to Coast Guard navigation making this rule effective less than 30 5), the Director of the National Pollution and navigable water regulations. This days after publication in the Federal Fund (Director, NPFC), and the Chief, rule will have no substantive effect on Register. Office of Regulations and the regulated public. These changes are Administrative Law (CG–0943). In provided to coincide with the annual II. Background and Purpose paragraph (e) of this section, we have recodification of Title 33 in July. Each year the printed edition of Title removed the authority previously DATES: This final rule is effective June 33 of the Code of Federal Regulations is delegated to District Commanders and 19, 2008. recodified on July 1. This rule, which associated with the establishment of ADDRESSES: Comments and material becomes effective June 19, 2008, makes special local regulations and added it to received from the public, as well as technical and editorial corrections paragraph (f) as delegated authority to documents mentioned in this preamble throughout Title 33. This rule does not Captains of the Port. In § 1.05–10, we as being available in the docket, are part create any substantive requirements. have removed the word ‘‘project’’ and of docket USCG–2008–0179 and are replaced it with ‘‘documents’’ so as to III. Discussion of Rule available for inspection or copying at clearly identify those rulemaking the Docket Management Facility, West This rule updates Coast Guard documents that must be approved by Building Ground Floor, Room W12–140, headquarters and field office the Commandant. In § 1.05–20(c), we 1200 New Jersey Avenue, SE., designations, telephone numbers, and have removed the word ‘‘file’’ and Washington, DC 20590, between 9 a.m. Web site addresses. These updates are replaced it with ‘‘docket’’ so as to better and 5 p.m., Monday through Friday, non-substantive and are located identify how the public may access our except Federal holidays. You may also throughout 33 CFR Parts 1, 62, 66, 84, rulemaking documents. Lastly, in find this docket on the Internet at http:// 101, 104, 105, 114, 116, 118, 135, 151, § 1.05–25, we have updated the www.regulations.gov. 153, 154, 155, 156, 157, 159, 162, 164, references to Web sites where docket FOR FURTHER INFORMATION CONTACT: If 165, 174, 179, 181, 183, and 187. information for Coast Guard rulemaking you have questions on this rule, call Sections 80.505, 80.715, 80.805, projects may be obtained, and we have LCDR Reed Kohberger, CG–5232, Coast 101.415, 126.3, 157.37, 162.75, 162.90, provided brief descriptions on how to Guard, telephone 202–372–1471. If you 162.220, and 166.200 are amended to access those documents. have questions on viewing the docket, correct typographical and grammatical 33 CFR 40.1. This section is updated call Ms. Renee V. Wright, Program errors. The phrase ‘‘public hearing’’ has to inform the public of the forms Manager, Docket Operations, telephone been amended to ‘‘public meeting’’ in necessary for application to the Coast 202–366–9826. parts 115, 116, and 118. This change has Guard Academy. 33 CFR 66.01–45. We removed a SUPPLEMENTARY INFORMATION: been made so as to better describe the public’s role in commenting on reference that does not exist in the CFR Table of Contents for Preamble proposed bridge actions. In the past, the and replaced it with the correct I. Regulatory History Coast Guard has used the term ‘‘public reference. II. Background and Purpose hearing’’ to describe the informal 33 CFR 80.738. We revised this III. Discussion of Rule process which allows the public an section to properly identify coordinates. IV. Regulatory Evaluation opportunity to voice their opinion Previously, the Coast Guard described A. Executive Order 12866 regarding Coast Guard proposed bridge the location of a demarcation line by B. Small Entities C. Collection of Information actions. We have noted that the use of describing the location of an aid to D. Federalism the term ‘‘hearing’’ may cause some navigation. The aids to navigation E. Unfunded Mandates Reform Act confusion among members of the language has been removed, and we F. Taking of Private Property public. Therefore, in an effort to clarify have inserted coordinates to identify the G. Civil Justice Reform the public’s role regarding proposed location of the demarcation line. VerDate Aug<31>2005 19:29 Jun 18, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19JNR2.SGM 19JNR2 pwalker on PROD1PC71 with RULES2 Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations 34999 33 CFR 100.114. This section updates In the appendix to subpart D of this 33 CFR Part 161. We revised the the location of fireworks displays within part, we have removed the reference to authorities section because it the First Coast Guard District and ‘‘U.S. EEZ’’ and replaced it with ‘‘waters erroneously identified the codified removes references to those fireworks of the United States’’. The regulatory section for ‘‘Civil penalty’’ as 46 U.S.C. displays that no longer occur. text associated with this appendix 70117 rather than 46 U.S.C. 70119. In 33 CFR Part 101. The Navigation and requires mariners to comply with § 161.12, we amended the frequency Vessel Inspection Circular (NVIC) certain regulations if operating within monitoring area mariners may use to references are updated in sections the ‘‘waters of the United States’’, and contact the Coast Guard. The mariners 101.105 and 101.510 to reflect the most the appendix erroneously conveys that have been using the updated frequency current version. NVIC’s are guidance mariners must comply with certain monitoring area for years, and as such, documents and do not impose regulations if operating within waters of the change will reflect what has been in substantive requirements on the public. the EEZ. This amendment will not practice for the past several years. 33 CFR Part 104. Section 104.106 is create a new burden on the public as it 33 CFR Part 162. In §§ 162.15(a) and updated to clearly identify which merely aligns the appendix with the 162.200(a), coordinates are corrected to locations passengers may access on regulatory text. accurately identify North and West passenger vessels. Section 104.292 In § 151.13, we have updated the list latitudinal and longitudinal coordinates; updates references for passenger vessels of ‘‘special areas.’’ respectively. Additionally, in and ferries. The references were In § 151.43, the reference to 46 CFR §§ 162.220, 162.235, and 162.270, non- changed as a result of the 153.906 has been deleted because it substantive clarification amendments Transportation Worker Identification does not exist. are made to these sections. Credential rulemaking. 72 FR 3492. The In § 151.49, the duplicate reference to 33 CFR Part 165.