Navigation and Navigable Waters:
Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)
Rules and Regulations
Pages 31831-31838
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-13320
DEPARTMENT OF HOMELAND SECURITY
Coast Guard 33 CFR Parts 1, 27, 96, 101, 107, 115, 117, 135, 140, 148, 150, 151, 160, 161, 162, 164, 166, 167, and 169
Docket No. USCG-2011-0257
RIN 1625-AB69
Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
SUMMARY: This rule makes non-substantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 33 on July 1, 2011.
DATES: This final rule is effective June 2, 2011.
ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2011-0257 and are available for inspection or copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG-2011-0257 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Leo Huott, Coast Guard; telephone 202-372-1027, e-mail
Leo.S.Huott@uscg.mil. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366- 9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Regulatory History
II. Background
III. Basis and Purpose
IV. Regulatory Analyses
-
Regulatory Planning and Review
-
Small Entities
-
Collection of Information
-
Federalism
-
Unfunded Mandates Reform Act
-
Taking of Private Property
-
Civil Justice Reform
-
Protection of Children
I. Indian Tribal Governments
-
Energy Effects
-
Technical Standards
L. Environment
I. Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this rule. Under 5 U.S.C. 553(b)(A) the Coast Guard finds this rule is exempt from notice and comment rulemaking requirements because these changes involve rules of agency organization, procedure, or practice.
In addition, the Coast Guard finds notice and comment procedures are unnecessary under 5 U.S.C. 553(b)(B) as this rule consists only of corrections and editorial, organizational, and conforming amendments 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 rule effective upon publication in the Federal Register.
II. Background
Each year, the printed edition of Title 33 of the Code of Federal
Regulations is recodified on July 1. This rule, which becomes effective
June 2, 2011, makes technical and editorial corrections throughout
Title 33. This rule does not create any substantive requirements.
III. Basis and Purpose
This rule amends 33 CFR part 1 to reflect changes in agency organization by removing Sec. 1.01-60(a)(1)(ii) and combining Sec. 1.01-60(a)(1)(i) with Sec. 1.01-60(a)(1). Because the Coast Guard is no longer a component of the Department of Transportation (DOT), DOT
Order 5610.1C (Procedures for Considering Environmental Impacts) no longer applies.
This rule revises 33 CFR part 27. The Coast Guard is adjusting fines and other civil monetary penalties to reflect the impact of inflation. These adjustments are made in accordance with the Federal
Civil Penalties Inflation Adjustment Act of 1990, as amended by the
Debt Collection Improvement Act of 1996, and implement the provisions of these statutes. These statutes require the Coast Guard to periodically adjust the civil monetary penalties for inflation by a method that is specifically prescribed within these statutes and which allows no discretion. The statutory method specifies the inflation measure to be used, the method for the calculation of the inflation adjustment, and the method for the numerical rounding of the results.
The last inflation adjustments were made in 2010.
The changes in Civil Penalties for calendar year 2011 are based on the change in CPI-U from June 2009 to June 2010. The recorded change in
CPI-U during that period was 1.05%. Because of the small change in CPI-
U and the required rules for rounding, there was no change to any of the maximum penalty amounts from the previous adjustment.
This rule amends Sec. 115.05 by replacing the term ``builder'' with the term ``applicant'' to clarify the Coast Guard's intent and make the affected provision consistent with other provisions in this section and other sections of part 115. This rule also corrects grammatical errors and details established requirements regarding the information needed on the plan sheets that accompany a bridge permit request. This rule removes Sec. 115.50(d) because the information it provides is already explained throughout the section.
This rule amends 33 CFR part 117 to correct the names of the S14
Bridge and the S1 Bridge and to provide an updated phone number to the
Kansas City Southern automated bridge. Also ``Pelican Island Causeway'' is removed from the title of Sec. 117.977 and the section is redesignated to follow the alphabetical order of state waterways set out in this subpart.
This rule amends parts 135, 140, 148, and 150 of Title 33 with an organizational name change from the Minerals Management Service (MMS) to the Bureau of Ocean Energy Management Regulation and Enforcement
(BOEMRE).
This rule amends paragraph 161.15(a) to correct a typographical error that erroneously omitted the words ``within a''. The correction to the section is not substantive and does not impose any new requirement, but clarifies the meaning of this portion of part 161.
This rule amends 33 CFR part 164 to remove LORAN C from the list of options for vessel electronic position fixing devices. Removing LORAN C from 33 CFR part 164 will have no substantive effect on the public because the use of LORAN C has not been supported by the Coast Guard since February 2010, and this section is no longer applicable.
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This rule amends Title 33 to correct latitude/longitude coordinates of the Galveston Entrance Anchorage Areas in part 166 and the
Chesapeake Bay: Eastern approach in part 167.
This rule amends Title 33 to update internal Coast Guard office designations as well as certain personnel titles. Changes in personnel titles included in this rule are only technical revisions reflecting changes in agency procedure and organization, and do not indicate new authorities.
This rule amends Title 33 to update various physical addresses for
Coast Guard offices as well as those offices' contact information.
Finally, this rule corrects non-substantive, typographical errors throughout Title 33.
IV. Regulatory Analyses
We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.
-
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Because this rule involves non- substantive changes and internal agency practices and procedures, it will not impose any additional costs on the public.
-
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.
We estimate that the cost of this rule is minimal and should have little or no impact on small entities because the provisions of this rule are technical and non-substantive, and will have no substantive effect on the public and will impose no additional costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities.
-
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).
-
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism.
-
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
-
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.
-
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, eliminates ambiguity, and reduces burden.
-
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.
I. Indian Tribal Governments
This rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
-
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant energy action'' under that order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.
-
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
L. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2-1, paragraph (34)(a) of the Instruction. This rule involves regulations which are editorial, procedural, such as those updating addresses or establishing application procedures. An environmental analysis checklist and a categorical exclusion determination are
Page 31833
available in the docket where indicated under ADDRESSES.
List of Subjects 33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties. 33 CFR Part 27
Administrative practice and procedure, Penalties. 33 CFR Part 96
Administrative practice and procedure, Marine safety, Reporting and recordkeeping requirements, Vessels. 33 CFR Part 101
Harbors, Maritime security, Reporting and recordkeeping requirements, Security measures, Vessels, Waterways. 33 CFR Part 107
Harbors, Facilities, Marine safety, Maritime security, Navigation
(water), Reporting and recordkeeping requirements, Security measures,
Vessels, Waterways. 33 CFR Part 115
Administrative practice and procedure, Bridges, Reporting and recordkeeping requirements. 33 CFR Part 117
Bridges. 33 CFR Part 135
Administrative practice and procedure, Continental shelf,
Insurance, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 140
Continental shelf, Investigations, Marine safety, Occupational safety and health, Penalties, Reporting and recordkeeping requirements. 33 CFR Part 148
Administrative practice and procedure, Environmental protection,
Harbors, Petroleum. 33 CFR Part 150
Harbors, Marine safety, Navigation (water), Occupational safety and health, Oil pollution, Reporting and recordkeeping requirements. 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), Reporting and recordkeeping requirements, Vessels, Waterways. 33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping requirements, Vessels, Waterways. 33 CFR Part 162
Navigation (water), Waterways. 33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 166
Anchorage grounds, Marine safety, Navigation (water), Waterways. 33 CFR Part 167
Harbors, Marine safety, Navigation (water), Waterways. 33 CFR Part 169
Endangered and threatened species, Marine mammals, Navigation
(water), Radio, Reporting and recordkeeping requirements, Vessels,
Water pollution control.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 1, 27, 96, 101, 107, 115, 117, 135, 140, 148, 150, 151, 160, 161, 162, 164, 166, 167, and 169.
PART 1--GENERAL PROVISIONS 0 1. The authority citation for part 1 continues to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland
Security Delegation No. 0170.1; 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. In Sec. 1.01-60, revise paragraph (a)(1) to read as follows:
Sec. 1.01-60 Delegations for issuance of bridge permits.
(a) * * *
(1) Those that require an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969, as amended, (42 U.S.C. 4321 et seq.) and all implementing regulations, orders, and instructions.
* * * * *
PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 3. The authority citation for part 27 continues to read as follows:
Authority: Secs. 1-6, Public Law 101-410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Public Law 104-134, 110 Stat. 1321 (28
U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2 (106). 0 4. Revise Sec. 27.3 to read as follows:
Sec. 27.3 Penalty Adjustment Table.
Table 1 identifies the statutes administered by the Coast Guard that authorize a civil monetary penalty. The ``adjusted maximum penalty'' is the maximum penalty authorized by the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, as determined by the Coast Guard.
Table 1--Civil Monetary Penalty Inflation Adjustments
Civil monetary
2011 Adjusted
U.S. Code citation
penalty
maximum penalty description
amount ($)
14 U.S.C. 88(c).................... Saving Life and
8,000
Property. 14 U.S.C. 645(i)................... Confidentiality
4,000 of Medical
Quality
Assurance
Records (first offense). 14 U.S.C. 645(i)................... Confidentiality
30,000 of Medical
Quality
Assurance
Records
(subsequent offenses). 16 U.S.C. 4711(g)(1)............... Aquatic Nuisance
35,000
Species in
Waters of the
United States. 19 U.S.C. 70....................... Obstruction of
3,000
Revenue Officers by Masters of
Vessels. 19 U.S.C. 70....................... Obstruction of
700
Revenue Officers by Masters of
Vessels--Minimum
Penalty. 19 U.S.C. 1581(d).................. Failure to Stop
5,000
Vessel When
Directed;
Master, Owner,
Operator or
Person in Charge
(1). 19 U.S.C. 1581(d).................. Failure to Stop
1,000
Vessel When
Directed;
Master, Owner,
Operator or
Person in
Charge--Minimum
Penalty (1).
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33 U.S.C. 471...................... Anchorage Ground/
110
Harbor
Regulations
General. 33 U.S.C. 474...................... Anchorage Ground/
300
Harbor
Regulations St.
Mary's river. 33 U.S.C. 495(b)................... Bridges/Failure
25,000 to Comply with
Regulations (2). 33 U.S.C. 499(c)................... Bridges/
25,000
Drawbridges (2). 33 U.S.C. 502(c)................... Bridges/Failure
25,000 to Alter Bridge
Obstructing
Navigation (2). 33 U.S.C. 533(b)................... Bridges/
25,000
Maintenance and
Operation (2). 33 U.S.C. 1208(a).................. Bridge to Bridge
800
Communication;
Master, Person in Charge or
Pilot. 33 U.S.C. 1208(b).................. Bridge to Bridge
800
Communication;
Vessel. 33 U.S.C. 1232(a).................. PWSA Regulations.
40,000 33 U.S.C. 1236(b).................. Vessel
8,000
Navigation:
Regattas or
Marine Parades;
Unlicensed
Person in Charge. 33 U.S.C. 1236(c).................. Vessel
8,000
Navigation:
Regattas or
Marine Parades;
Owner Onboard
Vessel. 33 U.S.C. 1236(d).................. Vessel
3,000
Navigation:
Regattas or
Marine Parades;
Other Persons. 33 U.S.C. 1319..................... Pollution
40,000
Prevention. 33 U.S.C. 1319(2)(A)............... Pollution
15,000
Prevention (per violation). 33 U.S.C. 1319(2)(A)............... Pollution
40,000
Prevention
(Maximum--repeat ed violations). 33 U.S.C. 1319(2)(B)............... Pollution
15,000
Prevention (per day of violation). 33 U.S.C. 1319(2)(B)............... Pollution
190,000
Prevention
(Maximum--repeat ed violations). 33 U.S.C. 1321(b)(6)(B)(i)......... Oil/Hazardous
15,000
Substances:
Discharges
(Class I per violation). 33 U.S.C. 1321(b)(6)(B)(i)......... Oil/Hazardous
40,000
Substances:
Discharges
(Class I total under paragraph). 33 U.S.C. 1321(b)(6)(B)(ii)........ Oil/Hazardous
15,000
Substances:
Discharges
(Class II per day of violation). 33 U.S.C. 1321(b)(6)(B)(ii)........ Oil/Hazardous
190,000
Substances:
Discharges
(Class II total under paragraph). 33 U.S.C. 1321(b)(7)(A)............ Oil/Hazardous
40,000
Substances:
Discharges (per day of violation)
Judicial
Assessment. 33 U.S.C. 1321(b)(7)(A)............ Oil/Hazardous
1,100
Substances:
Discharges (per barrel of oil or unit discharged)
Judicial
Assessment. 33 U.S.C. 1321(b)(7)(B)............ Oil/Hazardous
40,000
Substances:
Failure to Carry
Out Removal/
Comply With
Order (Judicial
Assessment). 33 U.S.C. 1321(b)(7)(C)............ Oil/Hazardous
40,000
Substances:
Failure to
Comply with
Regulation
Issued Under 1321(j)
(Judicial
Assessment). 33 U.S.C. 1321(b)(7)(D)............ Oil/Hazardous
4,000
Substances:
Discharges,
Gross Negligence
(per barrel of oil or unit discharged)
Judicial
Assessment. 33 U.S.C. 1321(b)(7)(D)............ Oil/Hazardous
130,000
Substances:
Discharges,
Gross
Negligence--Mini mum Penalty
(Judicial
Assessment). 33 U.S.C. 1322(j).................. Marine Sanitation
3,000
Devices;
Operating. 33 U.S.C. 1322(j).................. Marine Sanitation
8,000
Devices; Sale or
Manufacture. 33 U.S.C. 1608(a).................. International
8,000
Navigation
Rules; Operator. 33 U.S.C. 1608(b).................. International
8,000
Navigation
Rules; Vessel. 33 U.S.C. 1908(b)(1)............... Pollution from
40,000
Ships; General. 33 U.S.C. 1908(b)(2)............... Pollution from
8,000
Ships; False
Statement. 33 U.S.C. 2072(a).................. Inland Navigation
8,000
Rules; Operator. 33 U.S.C. 2072(b).................. Inland Navigation
8,000
Rules; Vessel. 33 U.S.C. 2609(a).................. Shore Protection;
40,000
General. 33 U.S.C. 2609(b).................. Shore Protection;
15,000
Operating
Without Permit. 33 U.S.C. 2716a(a)................. Oil Pollution
40,000
Liability and
Compensation. 42 U.S.C. 9609(a).................. Hazardous
35,000
Substances,
Releases,
Liability,
Compensation
(Class I). 42 U.S.C. 9609(b).................. Hazardous
35,000
Substances,
Releases,
Liability,
Compensation
(Class II). 42 U.S.C. 9609(b).................. Hazardous
100,000
Substances,
Releases,
Liability,
Compensation
(Class II subsequent offense). 42 U.S.C. 9609(c).................. Hazardous
35,000
Substances,
Releases,
Liability,
Compensation
(Judicial
Assessment). 42 U.S.C. 9609(c).................. Hazardous
100,000
Substances,
Releases,
Liability,
Compensation
(Judicial
Assessment subsequent offense). 46 U.S.C. App 1505(a)(2)........... Safe Containers
8,000 for
International
Cargo. 46 U.S.C. App 1712(a).............. International
6,000
Ocean Commerce
Transportation--
Common Carrier
Agreements per violation. 46 U.S.C. App 1712(a).............. International
30,000
Ocean Commerce
Transportation--
Common Carrier
Agreements per violation--Willf ull violation. 46 U.S.C. App 1712(b).............. International
60,000
Ocean Commerce
Transportation--
`Common Carrier
Agreements--Fine for tariff violation (per shipment). 46 U.S.C. App 1805(c)(2)........... Suspension of
70,000
Passenger
Service. 46 U.S.C. 2110(e).................. Vessel Inspection
8,000 or Examination
Fees. 46 U.S.C. 2115..................... Alcohol and
7,000
Dangerous Drug
Testing. 46 U.S.C. 2302(a).................. Negligent
6,000
Operations:
Recreational
Vessels. 46 U.S.C. 2302(a).................. Negligent
30,000
Operations:
Other Vessels. 46 U.S.C. 2302(c)(1)............... Operating a
7,000
Vessel While
Under the
Influence of
Alcohol or a
Dangerous Drug. 46 U.S.C. 2306(a)(4)............... Vessel Reporting
8,000
Requirements:
Owner,
Charterer,
Managing
Operator, or
Agent. 46 U.S.C. 2306(b)(2)............... Vessel Reporting
1,100
Requirements:
Master. 46 U.S.C. 3102(c)(1)............... Immersion Suits..
8,000 46 U.S.C. 3302(i)(5)............... Inspection Permit
1,100 46 U.S.C. 3318(a).................. Vessel
8,000
Inspection;
General. 46 U.S.C. 3318(g).................. Vessel
8,000
Inspection;
Nautical School
Vessel. 46 U.S.C. 3318(h).................. Vessel
1,100
Inspection;
Failure to Give
Notice IAW 3304(b). 46 U.S.C. 3318(i).................. Vessel
1,100
Inspection;
Failure to Give
Notice IAW 3309(c). 46 U.S.C. 3318(j)(1)............... Vessel
15,000
Inspection;
Vessel >= 1600
Gross Tons.
Page 31835
46 U.S.C. 3318(j)(1)............... Vessel
3,000
Inspection;
Vessel
