Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments
| Published date | 28 June 2019 |
| Citation | 84 FR 30870 |
| Record Number | 2019-12561 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 84 Issue 125 (Friday, June 28, 2019)
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30870-30883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12561]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 26, 80, 81, 83, 89, 100, 117, 151, 154, 155, 156,
161, and 164
46 CFR Parts 2, 10, 11, 12, 15, 16, 26, 28, and 162
[Docket No. USCG-2018-0874]
Navigation and Navigable Waters, and Shipping; Technical,
Organizational, and Conforming Amendments
AGENCY: Coast Guard, 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 will have no substantive effect on the regulated
public.
DATES: This final rule is effective June 28, 2019.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2018-0874, which is available at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Kate Sergent, Coast Guard; telephone 202-372-3860, 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 Reform Act
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
CFR Code of Federal Regulations
COLREGS International Regulations for Preventing Collisions at Sea,
1972
DHS Department of Homeland Security
FCC Federal Communications Commission
FR Federal Register
GT Gross tonnage
IMO International Maritime Organization
MMC Merchant mariner credential
OMB Office of Management and Budget
Sec. Section
STEP Shipboard Technology Evaluation Program
SLRs Special local regulations
STCW Seafarers' Training, Certification and Watchkeeping
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 June 28, 2019, makes
technical and editorial corrections throughout titles 33 and 46 of the
Code of Federal Regulations (CFR). These changes are necessary to
correct errors, change addresses, 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)
and 553; 14 U.S.C. 102 and 503; 33 U.S.C. 151, 499, 521, 2071, and
2735; 46 U.S.C. 2103, 3306, 3703, 5104, 6101, 7701, 70001, 70034,
70041(a), and 70114; and Department of Homeland Security Delegation No.
0170.1.
[[Page 30871]]
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 more
accurate and current regulatory information, but do not change the
effect on the public of any Coast Guard regulations.
Technical Amendments to Title 33 of the CFR
This rule amends Sec. 1.08-1(a)(11) by replacing an incorrect
cross-reference to ``33 CFR 88.05(h)'' with the correct citation ``33
CFR 83.01(g),'' which contains the requirement that certain vessels
carry a copy of the inland navigation rules. The 2014 ``Changes to the
Inland Navigation Rules'' (79 FR 37898, July 2, 2014) amended Sec.
88.05 so that it contains the rules for lights on law enforcement
vessels. The 2014 ``Changes to Inland Navigation Rules'' also moved the
``Copy of the Rules'' requirement previously housed in Sec. 88.05 to
Sec. 83.01(g), which states that operators of self-propelled vessels
12 meters or more in length must carry on board a copy of the inland
navigation rules in part 83.
This rule corrects the authority citation for part 26 and also
revises Sec. 26.08(a) to reflect the organizational change in office
name from Assistant Commandant for ``Marine Safety, Security and
Environmental Protection'' to Assistant Commandant for ``Prevention
Policy.''
In Sec. 80.750(b) and (f), this rule removes references to La
Costa Test Pile North Light and Big Sarasota Pass Light 14,
respectively, because these lights no longer exist. The Coast Guard
replaces these references with exact coordinates to clarify the
demarcation lines for the 72 International Regulations for Preventing
Collisions at Sea (COLREGS) navigation rules.
The changes in Sec. 80.753(a) and (d) include edits to the
descriptions of the landmarks used in the COLREGS demarcation lines.
These changes will align this section's descriptions of the lines with
the rest of the section's descriptions by describing each demarcation
as a line heading from south to north. In addition, the edits to this
section clarify the points of demarcation by adding descriptive words
like ``jetty.'' The Coast Guard also replaces a reference to ``Light
7'' in Sec. 80.753(d) to ``Light 3'' because Light 7 was renamed Light
3. The final change in Sec. 80.753(d) replaces the demarcation point,
the Anclote River Cut B Range Rear Light, with the exact coordinates of
that location on Anclote Key because the Anclote River Cut B Range Rear
Light no longer exists for our demarcation purposes.
This rule deletes the demarcation points in Sec. 80.810(c) and (d)
because a National Oceanic Atmospheric Administration cartographer
notified the Coast Guard that the ``northernmost extremity'' on Crooked
Island and Shell Island no longer exist due to water movement over the
land. The water moved over the landmasses so that the COLREGS waters in
this location are closed off from the inland waters. The Coast Guard is
deleting the references to these two demarcation points that no longer
exist to provide accurate information to the public and to conform the
regulations to fit the geography of the area as it currently exists.
The changes in Sec. Sec. 81.3, 81.5(a), 81.9, 89.3, 89.5, and 89.9
replace all references to the ``Marine Safety Division'' to reflect an
organizational change to its current office name, which is ``Prevention
Division.''
In Sec. 83.24(h), this rule adds ``shapes'' to the inland
navigation rule for towing vessels to align the regulations with the 72
COLREGS, which is implemented in this part. This section refers the
reader to Sec. 83.24(e) and (g) for certain light and shape display
requirements and both referenced paragraphs include light and shape
display requirements for towing vessels to indicate the presence of a
vessel or object. The 72 COLREGS allow exceptions for both lights and
shapes display requirements when compliance with the rules is
impossible, and this section implements that exception. Although we
inadvertently omitted references to the shapes, we have always applied
these regulations to both lights and shapes.
In Sec. Sec. 83.26(f)(1), and 83.27(d)(iv)(1)(B) and (2)(A), this
rule replaces ``all around'' with ``all round'' to match the spelling
to the 72 COLREGS, which are implemented in these sections.
In Sec. 83.26(f)(ii)(2)(B), this rule updates an incorrect cross-
reference to the appropriate paragraph. The cross-reference this rule
updates is for the light signal that fishing vessels must display when
shooting or hauling their nets, or when their nets come upon an
obstruction. These lighting requirements are listed in paragraph
(f)(ii)(1) of this section, instead of paragraph (a).
This rule amends Sec. 89.27(a) and (b) and the header to Sec.
89.27 by updating all cross-references to ``Inland Rule 24(i)'' to the
correct citation, ``Inland Rule 24(j).'' This edit comes as a result of
the 2017 Technical Amendments final rule (82 FR 35073, 35080, July 28,
2017) that changed the citation in 33 CFR 83.24 (Inland Rule 24).
This rule adds subparts A through J to 33 CFR part 100 to organize
the permanent and temporary special local regulations (SLRs) by their
Coast Guard district. We are adding subparts with the districts' titles
to improve the organization and readability of this section. When the
Coast Guard issues a permanent SLR within District 17 in 33 CFR part
100, we will add sections to subpart J for District 17 at that time.
The following table shows the organizational changes:
Table 1--New CFR Part 100 Subpart Organization
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CFR subpart SLR designation
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A........................................ General.
B........................................ 1st district.
C........................................ 5th district.
D........................................ 7th district.
E........................................ 8th district.
F........................................ 9th district.
G........................................ 11th district.
H........................................ 13th district.
I........................................ 14th district.
J........................................ 17th district.
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Previously, the SLRs' section number was the mechanism that
organized the SLRs in part 100 by district number. However, part 100
did not explicitly call attention to the fact that the section number
correlated with the Coast Guard district, making it an ineffective
organization tool for the public to use. In the ``General'' provisions
subpart, this rule also adds Sec. 100.35(d), which contains a
description of how 33 CFR part 100 is organized by district.
This rule corrects the names of the drawbridges in Sec. Sec.
117.149 and 117.163(b) from 3rd Street and 4th Street drawbridges to
Third Street and Fourth Street drawbridges.
In Sec. 117.175(b), we put the word ``counties'' in lowercase to
fix a capitalization errors.
Also in Sec. 117.193, we change the words ``highway'' and
``bicycle'' to lowercase to fix capitalization errors.
In Sec. 117.523, this rule corrects the name and mile marker for
the Barter's Island Bridge on the Back River in Maine from ``Maine
Department of Transportation highway bridge, mile 4.6'' to ``Barter's
Island Bridge, mile 2.0.''
This rule assigns the content that was in Sec. 117.622 into Sec.
117.621. This rule also reassigns content that was in Sec. 117.621
into Sec. 117.622 and renames the section header of Sec. 117.622 to
``Weymouth Fore River.'' These revisions restore alphabetical order to
[[Page 30872]]
part 117 after ``Fore River'' was renamed as ``Weymouth Fore River.''
This rule amends Sec. 117.755 by updating the bridge name from
``Monmouth Country highway bridge'' to its new name ``Sea Bright
Bridge.'' In Sec. 117.791(c) this rule updates the name of the ``CSX
Transportation bridge'' to its new name, ``Livingston Ave (Amtrak)
Bridge.'' In Sec. 117.791(d) this rule updates the name of the ``state
highway bridge'' to its new name, ``Troy-Menands Bridge.'' In Sec.
117.791(e), this rule updates the name of the ``highway bridge'' to its
new name, ``Troy-Green Bridge.''
In Sec. 151.1021(b)(1), this rule updates the title of the
Assistant Commandant for Prevention Policy because the text omitted
``Policy'' from the command's name.
This rule revises Sec. Sec. 151.1513 and 151.2036 by providing an
email address to accommodate email delivery of extension requests for
ballast water management systems under those sections.
This rule amends Sec. 151.2005 by removing the definition of
``International Maritime Organization (IMO) ballast water management
guidelines'' because it is no longer used in part 151 nor in practice.
The Coast Guard stopped using the IMO ballast water standards because
the standards were replaced by the International Convention for the
Control and Management of Ships' Ballast Water and Sediments on
September 8, 2017, and the United States is not a party to the
Convention. In order to avoid confusion and conform with the updated
standards, we are deleting the IMO ballast water management guidelines
definition in this part.
This rule updates a Coast Guard website address in Sec. 151.2005,
within the definition of Shipboard Technology Evaluation Program
(STEP), where the public can view the STEP guidance and applications.
In Sec. 151.2026(b) we added an email address as an alternate way
for the public to submit requests for determinations to the Marine
Safety Center.
In Sec. 151.2065, this rule updates the office names for
Environmental Standards Division from ``CG-05224'' to ``(CG-OES-3)''
and also updates the title of the Assistant Commandant for Prevention
Policy (CG-5P) from its previous title, ``Assistant Commandant for
Maritime Safety, Security, and Stewardship (CG-5)'' to conform with
organizational name changes.
This rule revises the definition sections in both Sec. Sec.
154.1020 and 155.1020 by replacing the definition for ``Dispersant
Mission Planner 2 or (DMP2)'' with the definition for ``Estimated
Dispersant System Potential Calculator (EDSP).'' The Estimated
Dispersant System Potential Calculator was developed as revision 1 of
the DMP2 because the DMP2 programming environment was outdated and was
no longer supported on any system. DMP2 is no longer available for use,
and the EDSP is the current program used by the industry. The basic
algorithms used in the DMP2 are the same in the EDSP, so there is no
change in the public's expectations or requirements. We are updating
these definition sections to conform to the technology currently used
by industry and accepted by the Coast Guard. For the same reasons, this
rule replaces all references to ``Dispersant Mission Planner 2'' or
``DMP2'' with ``Estimated Dispersant System Potential Calculator'' and
``EDSP'' in Sec. 154.1045(i)(2)(ii); Appendix C to part 154,
paragraphs 8.2.1.2 and 8.2.3(i); Sec. 155.1050; and Appendix B to part
155, paragraphs 8.2.1.2 and 8.2.3(i).
In Sec. 156.210(b), this rule replaces the out-of-date office
contact ``CG-5'' with ``CG-ENG'' because CG-ENG is the correct office
for the public to submit requests to use lighter hazardous materials
other than oil.
In Sec. 161.2, titled ``Definitions'', this rule inserts the
definitions for ``Center'' and ``Published'' that were previously
located in a second separate definitions section in Sec. 161.17. We
are moving these two definitions into Sec. 161.2 so that all the
definitions for this part can be found in the same place. The
definitions are unchanged. The Coast Guard also corrects a
capitalization error in Sec. 161.2.
In Sec. Sec. 161.2, 161.12, Note 6 to Table 1 to Sec. 161.12(c),
Table 161.70(d), and Table 161.70(f), the Coast Guard is replacing all
references to ``sector'' with ``zone'' to avoid confusion with sector
commands and conform with the current practice to call these areas
``zones''. In addition, in Table 1 to Sec. 161.12, this rule replaces
the reference to the ``Strait of Juan de Fuca'' with ``Salish Sea,''
which is the new name for that body of water.
In Sec. 161.4, this rule provides a web address to access the
Vessel Traffic Services User Manual.
In Sec. 161.5(b) we remove the text ``Vessel Traffic Center'' and
leave only the acronym, ``VTC'' because we moved the definition and
initial introduction to the acronym to Sec. 161.2, which precedes this
reference.
This rule corrects a typographical error in line 12 of Table 1 to
Sec. 161.12(c) by removing the apostrophe in ``St. Mary's.'' The name
of the river, St. Marys River, has been without a possessive apostrophe
since 1982.
The Coast Guard deletes Sec. 161.17 and moves the section's
definitions for ``Center'' and ``Published'' to Sec. 161.2 where all
the other definitions applicable to this part are listed.
The Coast Guard is correcting an erroneous edit made to Sec.
161.55(c)(3) by a technical and conforming amendment final rule in 2014
(79 FR 38421). The 2014 technical amendment final rule unintentionally
changed the type of vessel exempted from the regulations from vessels
of less than 100 meters to vessels greater than 100 meters in length,
while saying the ``changes are editorial and do not alter the VTS
Special Area Operating Requirements prescribed in 33 CFR 161.55(c)''
(79 FR 38424). This provision's original purpose was, and is, to exempt
smaller vessels from the regulations intended to help the larger
commercial vessel industry safely navigate the narrow and tricky waters
of Puget Sound. It was never the Coast Guard's intent to exempt larger
vessels from the precautions put in place for their benefit. Therefore,
the Coast Guard is revising the text in Sec. 161.55(c)(3) from
exempting vessels greater than 100 meters in length to how it was
written before the 2014 Technical Amendment final rule, in order to
exempt only vessels of less than 100 meters from certain requirements
in that part. The inaccurately edited rule has not been enforced
according to how it was rewritten. Instead, the Coast Guard
acknowledged the mistake and continued its exemptions for vessels less
than 100 meters only. This clarifying technical amendment will not
result in a change in expectations or obligations based on how Sec.
161.55(c)(3) has always been enforced.
In Sec. 164.72(b)(2)(ii)(C), the text ``the ACOE or'' is removed
as a source for river current tables because the United States Army
Corps of Engineers (ACOE) no longer issues river current tables. The
alternate river current issuing authority already listed in this
section is ``a river authority.'' We are removing the ACOE as a river
authority to reduce confusion. The requirements of the section are
unchanged. This rule also corrects a punctuation error in Sec.
164.72(b)(2)(ii)(C).
Technical Amendments to Title 46 of the CFR
In Sec. 2.01-7, Table 2.01-7(a), under the fourth column covering
``Vessels inspected and certificated under Subchapter I--Cargo and
Miscellaneous Vessels,'' on line (2) entitled ``Motor, seagoing motor
vessels >=300 gross tons'',
[[Page 30873]]
the Coast Guard is removing a comma that was erroneously added by a
technical amendment so that it is clearer that these regulations apply
to the regulated vessels even when they are not engaged in trade. This
rule removes the second comma in the following sentence in Table 2.01-
7(a): ``All vessels, including recreational vessels, not engaged in
trade.'' In 2009, we issued a rule that was intended to only make non-
substantive changes related to the definition of ``ferry'' in 46 CFR,
but in the process, that technical and conforming amendment rule (74 FR
63617, December 4, 2009) inserted an extra comma in the sentence quoted
above. The comma unintentionally altered the meaning of the sentence,
so that in both tables instead of covering all vessels ``including
recreational vessels not engaged in trade,'' the sentence with two
commas now may be read to include a vessel only if it was not engaged
in trade--regardless of the nature of the vessel, recreational or
commercial. This erroneous comma introduced by the 2009 technical
amendment went unnoticed again in 2013, when we included the comma in
Table 2.01-7(a) in a final rule titled ``Seagoing Barges'' (78 FR
53285, August 29, 2013). Neither the 2009 technical amendment nor the
2013 ``Seagoing Barges'' final rule mentioned any intention of
substantively changing column 4 of Table 2.01.7(a) to cover vessels
only when they were engaged in trade, nor did the Coast Guard ever
enforce it that way.
This rule updates the delivery mailing addresses for payment by
check in Sec. 2.10-20(d)(1)(ii) through (iii) and 2.10-20(d)(2)(ii)
through (iii).
In Sec. 10.203(a), this rule deletes paragraph (a), and
redesignates paragraphs (b) through (d) as (a) through (c). Section
10.203(a) stated that until April 15, 2014, mariners with a merchant
mariner document or similar license with a restriction on it did not
have to carry a merchant mariner credential (MMC), as required by this
chapter. Since April 15, 2014 has passed, all mariners required to hold
a license or endorsement must hold an MMC. As a result, the Coast Guard
is deleting the obsolete grandfathering clause in Sec. 10.203(a) to
conform to the current regulations and to avoid confusion.
In Sec. 10.209(d), this rule adds a cross-reference that was
inadvertently left out of the initial rulemaking. Section 10.209(d)
describes the methods of submitting an MMC application and points the
public to various sections that describe a complete MMC application.
This rule adds Sec. 10.223 to the list of sections that describe a
complete MMC package. Section 10.223 contains the requirements for an
application to modify or remove limitations on MMC endorsements, such
as tonnage limitations or geographical route restrictions. We are
adding this section to the list of references describing complete
applications to be comprehensive in pointing to all types of complete
applications, which was the intent of this section. In the supplemental
notice of proposed rulemaking titled ``Consolidation of Merchant
Mariner Qualification Credentials'' (72 FR 3605, January 25, 2007), we
describe why we did not include the reference originally in Sec.
10.209(d). For that section, we decided to separate the original
application requirements from the renewal requirements because ``[w]hen
we attempted to list all of the requirements for originals that
renewals, duplicates and/or raises in grade are exempted from, we found
the maze of cross-references to be needlessly confusing'' (72 FR 3631,
January 25, 2007). We unintentionally omitted the reference to Sec.
10.223 for modifying the scope or limitations and adding the reference
to Sec. 10.209(d) will not change the requirements for modifying or
removing limitations or the scope of a MMC.
This rule amends Sec. 10.221(b) by removing the reference dates,
``Beginning April 15, 2009,'' and ``Until April 15, 2009, proof of
citizenship or alien status must be submitted by appearing at a
Regional Exam Center'' because these provisions are no longer
applicable after the referenced date. What remains in Sec. 10.221(b)
after this amendment is the longstanding requirement that proof of
citizenship must be submitted to the Transportation Security
Administration with the applicant's Transportation Worker
Identification Credential application in accordance with 49 CFR
1572.17(a)(11). The requirements of this section remain unchanged by
this amendment.
In Sec. 10.229(b), this rule deletes the second and third
sentences because they reference what the Coast Guard will issue for
duplicate credentials up until April 15, 2014. Because the provision is
no longer applicable after the referenced date, the Coast Guard is
removing this obsolete provision.
In Sec. Sec. 10.232(e)(1), 10.232(e)(2)(i), 11.211(c)(2),
11.301(b)(1), 11.430(e), and 11.465(a), this rule removes all
references in the text to ``upgrade,'' ``raise-of-grade,'' or ``raise
in grade'' and replaces them with the text ``raise of grade'' to
standardize the terminology through these sections and eliminate any
ambiguity that could result from having three references with an
identical meaning. In Table 1 to Sec. 10.239, the Coast Guard is
replacing all references to ``Sec. 12.601(c)'' with ``Sec.
12.602(a)'' within the ``First aid and CPR'' column to revise an
incorrect cross-reference. Section 12.602(a) contains the standards of
competence for basic training, including first aid training, that STCW
endorsement applicants must meet for the listed STCW endorsements in
Table 1 to Sec. 10.239.
This rule removes from title 46 the grandfathering provisions in
Sec. 10.301(g)(1), (2), (3), and (5) because the delayed
implementation date or final date for using these provisions as
alternate means of compliance expired on January 1, 2017. Section
10.301(g)(1) stated that all candidates who apply for a MMC with
seagoing service or training performed on or after March 24, 2014 or
who apply for the MMC after January 1, 2017 have to comply with the
requirements of this section. Since the date for when the section
became applicable to all applicants passed on January 1, 2017, the
grandfathering provision has not been available. All applicants must
meet the requirements of this section and the grandfathering provision
is obsolete because any new applicant will not be able to invoke the
provision. Enough time has passed that the Coast Guard believes that
the provision is no longer applicable to any mariner or Coast Guard-
approved courses, programs, or training. To avoid misunderstanding on
the requirements of this section, we are removing these obsolete
provisions from the regulations.
In Sec. 10.305(a)(2), the Coast Guard is removing the qualifier
for ``After January 1, 2017'' because the referenced date has passed
and all applicants for STCW endorsements under this part should be in
compliance with this section. The grandfathering deadline is no longer
relevant to this part since all are required to meet the vision
requirements outlined in this section. Additional changes made by this
rule to Sec. 10.305(a)(2) include replacing ``meets'' with
``previously met'' because it is unlikely that a mariner meets the
vision requirements and suffers vision loss at the same time. The Coast
Guard is changing the language to past tense to undo this anomaly and
avoid confusion. There is no change in the vision requirements in Sec.
10.305(a)(2) as a result of this technical amendment.
Moreover, in Sec. 10.305(c) this rule replaces an outdated
reference to the ``MMC'' with ``medical certificate'' to conform with
the National Maritime Center's actual practice to place the
[[Page 30874]]
vision waiver limitation on the medical certificate, rather than the
MMC. The misalignment between the inaccurate regulation and actual
practice caused confusion for the affected population, so we are
conforming the text to correctly state that the vision waiver
limitation should be placed on the medical certificate.
This rule removes from title 46 the grandfathering provision in
Sec. 10.410(f) because the delayed implementation date or final date
for using them as means for alternate compliance expired on January 1,
2017. Section 10.410(f) stated that all Coast Guard-approved STCW
endorsement courses, programs, and training had to meet the
requirements of part 10 by January 1, 2017. This reference date has
passed and all courses must be in compliance. These provisions are no
longer applicable to any mariner or Coast Guard-approved courses,
programs, or training. To avoid misunderstandings on the requirements
of this section, we are removing these obsolete provisions from the
regulations.
In Sec. 10.402(b), this rule updates the subject office name from
``Office of Vessel Activities (CG-CVC)'' to ``Office of Merchant
Mariner Credentialing'' to reflect organizational changes. Within this
same section, this rule edits the final sentence to say ``and include
the following:'' to start the list of items that must be included in a
curriculum package.
This rule corrects a cross-reference in Sec. 11.201(b) by
replacing Sec. 11.467(i) with 11.467(h) as the exception to the
requirement that mariners must be proficient in the English language.
Section 11.467(i) does not exist. The correct paragraph (h) states that
applicants for operator of uninspected passenger vessels of less than
100 GRT who speak Spanish, but not English, may operate in the vicinity
of Puerto Rico.
This rule removes the grandfathering provisions from Sec.
11.301(g)(1) through (5) because the established date has already
passed and all renewals and new candidates for mariner credentials must
now meet the requirements of part 11. Paragraphs (g)(1) through (5) in
Sec. 11.301 permitted the Coast Guard to issue STCW endorsements that
met the older requirements of this part before it was amended on March
24, 2014, until January 1, 2017. Because January 1, 2017, has passed,
the Coast Guard can no longer issue the certifications under previous
versions of the rules. The grandfathering provisions in Sec.
11.301(g)(1) exempted candidates who started training and sea service
before March 24, 2014 from certain requirements in part 11 until
January 1, 2017. Paragraph (g)(1) explicitly states that all mariner
applications for credentials under part 11 must comply with the
requirements of this part after January 1, 2017. Also, this final rule
removes the second grandfathering provision in Sec. 11.301(g)(2) that
exempted seafarers holding an STCW endorsement prior to March 24, 2014,
from having to complete any additional training until January 1, 2017.
Because the referenced date has passed, mariners can no longer use this
training exemption. The removal of these grandfathering provisions will
have no effect on any mariner because, according to the text, all
mariners applying for, renewing, or upgrading credentials after January
1, 2017 must comply with the current requirements of part 11.
In Sec. Sec. 11.305, 11.307, 11.311, and 11.313, this rule
replaces all references to ``shiphandling'' with ``ship handling'' to
conform to how it is spelled in other regulations and international
standards.
In Table 1 to Sec. 11.309(e), this rule replaces the reference to
``A-II/2'' with ``A-II/1'' in the ``Competence'' column heading to
correct the location of the standards of competency. Section 11.309
contains the requirements for an STCW endorsement as an Officer in
charge of navigational watch on vessels of 500 gross tonnage (GT) or
more. The updated STCW table reference, A-II/1, also contains the
requirements for this rating.
In Table 1 to Sec. 11.311(d), this rule replaces the reference to
``A-II/3'' with ``A-II/2'' in the ``Competence'' column heading to
correct the location of the standards of competency. Section 11.311
contains the requirements for an STCW endorsement as a master of
vessels of 500 GT or more and less than 3,000 GT. The updated STCW
table reference, A-II/2, also contains the requirements for this
rating.
In Sec. 11.315(c) and Table 1 to Sec. 11.315(d), this rule
replaces the references to STCW Table ``A-II/3'' with ``A-II/2'' to
correctly reference the standards of competency for an STCW endorsement
as a master of vessels of less than 500 GT in Sec. 11.315. The updated
STCW Table reference, A-II/2, also contains the requirements for this
rating.
In Sec. 11.319(c) and Table 1 to Sec. 11.319(d), this rule
replaces both STCW table citations ``A-II/3'' with the correct Table
``A-II/1.'' Section 11.319 contains the requirements for an endorsement
as an officer in charge of a navigational watch of vessels of less than
500 GT operational level. In Sec. 11.319(a), it states that an
``officer in charge of a navigational watch serving on a seagoing ship
of less than 500 GT not engaged on near-coastal voyages shall hold a
certificate of competency for ships of 500 GT or more.'' The previous
STCW table reference to A-II/3 contains the requirements for officers
in charge of navigational watch and for masters on ships of less than
500 GT limited to near-coastal voyages. Since the regulations in Sec.
11.319 are not limited to near coastal voyages, STCW Table A-II/1,
which is titled ``Specification of minimum standard of competence for
officers in charge of a navigational watch on ships of 500 GT or
more,'' contains the correct and intended competencies for this
requirement. This correction conforms the section to the regulations as
written and consistently interpreted without affecting the mariner's
obligations under this section.
Also within Sec. 11.319, this rule fixes two incorrect cross-
references in footnotes 2 and 3 to Table 1 to Sec. 11.319(d) to their
correct paragraphs within this section. These footnotes reiterate that
Table 1 to Sec. 11.319(d) is illustrative and not all-inclusive, but
that the mariner must complete the items in the referenced paragraphs
of this section as well. There is no change in the obligations of the
public by correcting these cross-references.
In the ``Competence'' column heading of Table 1 to Sec. 11.331(e),
this rule corrects a reference to the STCW table. This section, Sec.
11.331, is for chief engineer officer competence on ships powered by
main propulsion machinery of less than 3,000 kW. The incorrect
reference to STCW Table A-III/2 contains the competencies for chief
engineer officers on ships powered by main propulsion machinery of
3,000 kW propulsion power or more. The correct STCW table reference is
A-III/3, which contains the minimum competencies to qualify as a chief
engineer officer on ships powered by main propulsion machinery of less
than 3,000 kW. This change aligns the table with the references in the
regulatory text.
For similar reasons, this rule also corrects the ``Competence''
column heading of Table 1 to Sec. 11.333(d), to the correct STCW
table. Section 11.333 is for second engineer officer competence on
ships powered by main propulsion machinery of less than 3,000 kW. The
incorrect reference to STCW Table A-III/2 contains the competencies for
chief and second engineer officers on ships powered by main propulsion
machinery of 3,000 kW propulsion power or more. The correct STCW table
reference is A-III/3, which contains the minimum competencies to
qualify as a second
[[Page 30875]]
engineer officer on ships powered by main propulsion machinery of less
than 3,000 kW. This change aligns the table with the STCW references in
the regulatory text.
This rule revises Sec. 11.464(g)(1) by replacing an erroneous
cross-reference to paragraph (f) with a corrected cross-reference to
paragraph (e) as the source of the exception to having a minimum of 30
days of training and observation on towing vessels. Paragraph (f) of
this section contains the requirement that companies maintain evidence
that the vessel operator is properly qualified, which is not relevant
to the 30 days of training minimum mentioned in paragraph(g)(1).
Paragraph (e) in Sec. 11.464 contains the requirement that mariners
applying for the Master of towing vessels on the Western Rivers
endorsement must possess a minimum 90 days of observation and training,
instead of the 30 day minimum in paragraph in (g)(1). In the
supplemental notice of proposed rulemaking (SNPRM) preceding the final
rule that implemented this section, this section (previously Sec.
11.464(i)(1)) correctly cross referenced the western river exception
that is currently in paragraph (e) (76 FR 45908, 46010, Aug. 1, 2011).
However, the Coast Guard's 2013 final rule that implemented these
sections mentions that three paragraphs in Sec. 11.464 of the SNPRM's
proposed text were left out of the final rule for more consideration
and the cross-reference was not updated accordingly (78 FR 77796, 77829
and 77937, Dec. 24, 2013).
This rule corrects the reference in Sec. 11.480(b)(2) to ``Gulf
Intercoastal waterways (GIWW)'' to its accurate reference, ``Gulf
Intracoastal waterways (GIWW).''
In Sec. 11.603 titled, ``Requirements for radio officers'
endorsements,'' this rule updates the name of licenses issued by the
Federal Communications Commission (FCC) for radio telegraph operator
licenses because on May 20, 2013, the FCC consolidated the First and
Second class Radiotelegraph Operator Certificates into a one single
license class called the Radiotelegraph Operator License (T). To
conform to the updated FCC license structure, this rule removes the
references to ``first or second class,'' so that the section reflects
the current name of the same licenses. This rule adds a ``(T)'' to the
end of the license name to reflect the FCC's abbreviation for the
license name.
This rule corrects a cross-reference to the definition of ``near-
coastal voyage'' in Sec. 11.1105(d) from Sec. 11.301(h) to Sec.
10.107. Section 11.301(h) contains regulations for mariners holding
both a STCW and national endorsements on small vessels in domestic,
near-coastal voyages, but does not contain a definition of near coastal
voyages. This technical amendment changes the citation to ``Sec.
10.107,'' the definition section for subchapter B, which does contain
the definition of ``near-coastal voyage.''
This rule amends Sec. 12.603 by removing paragraph (b), which
refers to a provision that was applicable only until January 1, 2017.
Because the referenced deadline has passed and this provision is no
longer applicable to any qualifications for the STCW endorsement as
able seafarer-deck, we are removing it to avoid confusion as to its
applicability. To account for the deletion of Sec. 12.603(b), this
rule also renumbers the subsections and corrects a cross-reference. In
the title of Table 1 to Sec. 12.603(e), we update the cross-reference
to Sec. 12.603(d) to reflect the renumbering.
This rule removes the grandfathering clauses for STCW rating
endorsements located in Sec. 12.603(c)(1) through (4) because all four
of the provisions have not been applicable to any merchant mariner
since January 1, 2017, according to the regulatory text and practice.
This rule also removes Sec. 12.601(c)(1), which states that after
January 1, 2017 the merchant mariner applicant must meet the provisions
of part 12. Removing these provisions will have no effect on any
mariner because all mariners applying for, renewing, or upgrading
credentials after January 1, 2017 must comply with the current
requirements in part 12. In order to conform to the requirements part
12 of title 46 and to improve the clarity of the regulations, the Coast
Guard is removing the out-of-date grandfathering provisions listed in
these sections.
Similarly in Sec. 12.607, this rule deletes paragraph (b), which
refers to a provision that was applicable only until January 1, 2017.
Because the referenced deadline has passed and this provision is no
longer applicable to any qualifications for the STCW endorsement for
able seafarer-engine, we are removing it to avoid confusion as to its
applicability. To account for the deletion of Sec. 12.607(b), this
rule also renumbers the subsections and corrects a cross-reference. In
the title of Table 1 to Sec. 12.607(e) we update the cross-reference
to Sec. 12.607(d) to reflect the renumbering.
In Sec. 12.613(a)(3), the text ``Sec. 12.601(c)'' is replaced
with the text ``Sec. 12.602'' to correct a longstanding error in the
cross-reference. Section 12.601(c) does not address basic training
requirements, which is the subject of Sec. 12.613(a)(3). Section
12.602 addresses the standard of competence for basic training.
This rule updates an incorrect cross-reference to subpart J in
Sec. 15.530(b)(4)(iv) to subpart I, because the training for non-
resident alien crewmembers is contained in subpart I of the referenced
subchapter.
In paragraphs (c)(1), (d)(1), and (e)(1) of Sec. 15.860, this rule
corrects the spelling of ``and'' and ``or.''
Also in Sec. 15.860, this rule adds a period to the end of each of
the following paragraphs: (b)(3), (c)(2), (d)(2), (e)(2), (f)(1),
(f)(2), (f)(3), (f)(4), (g), and (h)(1).
In both Sec. 15.860(f) and (h), this rule adds colons to the end
of the paragraph to correct missing punctuation.
In Sec. 15.1101(a)(2), this rule adds the missing term ``near
coastal'' between ``domestic'' and ``voyages'' to correct an omission
of language that was inadvertently left out of this subparagraph.
Adding the term aligns the text with the terminology used in the
international standards and other regulations within this subchapter,
which refer to ``domestic, near-coastal voyages.'' There will not be
any change in the obligations of the public by conforming the language
to the international standards and regulations.
In the periodic drug testing requirements for Sec. 16.220(a), this
rule replaces an incorrect cross-reference to Sec. 10.227(e) with a
corrected cross-reference to Sec. 10.227(g). Paragraph (g) is the
proper reference here because it contains the provisions for those who
are unwilling or unable to pass drug tests for the purpose of renewing
a credential. Section 10.227(e) contains the unrelated professional
requirements for renewing a credential.
This rule amends the authority citation for part 26 by removing a
repealed Title 46 U.S.C. statutory authority and replacing it with the
correct Title 46 statutory authorities for regulating uninspected
passenger vessels.
In Sec. 28.210(b)(1)(ii), this rule corrects an incorrect cross-
reference to another section within this chapter for the courses
approved by the Coast Guard for first aid equipment and training.
In Sec. Sec. 162.060-14(b) and 162.060-42(a)(3), this rule adds
the email addresses for the Marine Safety Center as an alternate method
of contact.
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.
[[Page 30876]]
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. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs) directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
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. Because this rule is
not a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). This
rule involves non-substantive changes and internal agency practices and
procedures; it will not impose any additional costs on the public. The
benefit of the non-substantive changes is increased clarity of
regulations.
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.
Therefore, it is exempt from the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does
not apply when notice and comment rulemaking is not required. This rule
consists of technical, organizational, and conforming amendments and
does not have any substantive effect on the regulated industry or small
businesses. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant economic impact on a
substantial number of small entities.
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 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. 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 would 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 would 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 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
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 (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.
[[Page 30877]]
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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
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. A final Record of Environmental Consideration supporting
this determination is available in the docket where indicated in the
ADDRESSES section of this preamble. This final rule involves non-
substantive technical, organizational, and conforming amendments to
existing Coast Guard regulations. Therefore, this rule is categorically
excluded under paragraph L54 in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. Paragraph L54
pertains to regulations which are editorial or procedural.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
33 CFR Part 26
Communications equipment, Marine safety, Radio, Telephone, Vessels.
33 CFR Part 80
Navigation (water), Treaties, Waterways.
33 CFR Part 81
Navigation (water), Reporting and recordkeeping requirements,
Treaties.
33 CFR Part 83
Fishing vessels, Navigation (water), Waterways.
33 CFR Part 89
Navigation (water), Reporting and recordkeeping requirements,
Waterways.
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 117
Bridges.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 154
Alaska, Fire prevention, Hazardous substances, Oil pollution,
Reporting and recordkeeping requirements.
33 CFR Part 155
Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
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.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 10
Penalties, Personally identifiable information, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
46 CFR Part 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 28
Alaska, Fire prevention, Fishing vessels, Marine safety,
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 162
Fire prevention, Marine safety, Oil pollution, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 1, 26, 80, 81, 83, 89, 100, 117, 151, 154, 155, 156, 161,
and 164 and 46 CFR parts 2, 10, 11, 12, 15, 16, 26, 28, and 162 as
follows:
Title 33--Navigation and Navigable Waters
PART 1--GENERAL PROVISIONS
Subpart 1.08--Written Warnings by Coast Guard Boarding Officers
0
1. The authority citation for subpart 1.08 continues to read as
follows:
Authority: 14 U.S.C. 633; 49 CFR 1.46(b).
Sec. 1.08-1 [Amended]
0
2. In Sec. 1.08-1(a)(11), remove the text ``88.05'' and add, in its
place, the text ``83.01(g)''.
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
0
3. Revise the authority citation for part 26 to read as follows:
Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1; Rule 1, International Regulations for the Prevention of
Collisions at Sea.
Sec. 26.08 [Amended]
0
4. In Sec. 26.08(a), remove the text ``Marine Safety, Security and
Environmental Protection'' and add, in its place, the text ``Prevention
Policy''.
PART 80--COLREGS DEMARCATION LINES
0
5. The authority citation for part 80 continues to read as follows:
Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).
0
6. In Sec. 80.750, revise paragraphs (b) and (f) to read as follows:
Sec. 80.750 Sanibel Island, FL to St. Petersburg, FL.
* * * * *
(b) A line drawn across the Charlotte Harbor entrance from position
latitude 26[deg]42.18' N, longitude 070[deg]41.2' W to Port Boca Grande
Light.
* * * * *
(f) A line drawn from position latitude 27[deg]17.89' N, longitude
082[deg]33.55' W to the southernmost extremity of Lido Key (position
latitude 27[deg]17.93' N, longitude 082[deg]33.99' W).
* * * * *
0
7. In Sec. 80.753, revise paragraphs (a) and (d) to read as follows:
Sec. 80.753 St. Petersburg, FL to the Anclote, FL.
(a) A line drawn across Blind Pass, from the seaward extremity of
the Long
[[Page 30878]]
Key jetty to the seaward extremity of the Treasure Island jetty.
* * * * *
(d) A line drawn from the northernmost extremity of Honeymoon
Island to Anclote Anchorage South Entrance Light 3; thence to Anclote
Key position latitude 28[deg]10.0' N longitude 082[deg]50.6' W; thence
a straight line to position latitude 28[deg]11.11' N, longitude
082[deg]47.91' W.
Sec. 80.810 [Amended]
0
8. In Sec. 80.810, remove paragraphs (c) and (d); and redesignate
paragraphs (e) through (h) as paragraphs (c) through (f).
PART 81--72 COLREGS: IMPLEMENTING RULES
0
9. The authority citation for part 81 continues to read as follows:
Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.
Sec. 81.3 [Amended]
0
10. In Sec. 81.3, remove the words ``Marine Safety'' and add, in their
place, the word ``Prevention''.
Sec. 81.5 [Amended]
0
11. In Sec. 81.5(a) introductory text, remove the words ``Marine
Safety'' and add, in their place, the word ``Prevention''.
Sec. 81.9 [Amended]
0
12. In Sec. 81.9 introductory text, remove the words ``Marine Safety''
and add, in their place, the word ``Prevention''.
PART 83--NAVIGATION RULES
0
13. The authority citation for part 83 continues to read as follows:
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C.
2071); Department of Homeland Security Delegation No. 0170.1.
Sec. 83.24 [Amended]
0
14. In Sec. 83.24(h), after the words ``exhibit the lights'', add the
words ``or shapes''.
Sec. 83.26 [Amended]
0
15. In Sec. 83.26(f)(i), remove the word ``around'' and add, in its
place, the word ``round''; in Sec. 83.26(f)(ii)(2)(B), remove the text
``(a)'' and add, in its place, ``(f)(ii)(1).''
Sec. 83.27 [Amended]
0
16. In Sec. 83.27(d)(iv)(1)(B) and (d)(iv)(2)(A), remove the word
``around'' and add, in its place the word ``round''.
PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES
0
17. The authority citation for part 89 continues to read as follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).
Sec. 89.3 [Amended]
0
18. In Sec. 89.3, remove the words ``Marine Safety'' and add, in their
place, the word ``Prevention''.
Sec. 89.5 [Amended]
0
19. In Sec. 89.5(a) introductory text, remove the words ``Marine
Safety'' and add, in their place, the word ``Prevention''.
Sec. 89.9 [Amended]
0
20. In Sec. 89.9 introductory text, remove the words ``Marine Safety''
and add, in their place, the word ``Prevention''.
Sec. 89.27 [Amended]
0
21. In the section heading to Sec. 89.27 and paragraphs (a) and (b),
remove the text ``24(i)'' and add, in its place, the text ``24(j)''.
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
22. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
Sec. Sec. 100.1 through 100.45 [Designated as Subpart A]
0
23. Designate Sec. Sec. 100.01 through 100.45 as subpart A under the
heading ``Subpart A--General''.
0
24. In Sec. 100.35, add paragraph (d) to read as follows:
Sec. 100.35 Special local regulations.
* * * * *
(d) We have organized the special local regulations by district.
Subparts B through J contain special local regulations from the First,
Fifth, Seventh, Eighth, Ninth, Eleventh, Thirteenth, Fourteenth, and
Seventeenth Districts, respectively.
Sec. Sec. 100.50 through 100.99 [Added and Reserved]
0
25. Add reserved Sec. Sec. 100.50 through 100.99 to newly designated
subpart A.
Sec. Sec. 100.100 through 100.170 [Designated as Subpart B]
0
26. Designate Sec. Sec. 100.100 through 100.170 as subpart B under the
heading ``Subpart B--First Coast Guard District''.
Sec. Sec. 100.180 through 100.499 [Added and Reserved]
0
27. Add reserved Sec. Sec. 100.180 through 100.499 to newly designated
subpart B.
Sec. 100.500 [Added and Reserved]
0
28. Add reserved Sec. 100.500.
Sec. Sec. 100.500 and 100.501 [Designated as Subpart C]
0
29. Designate Sec. Sec. 100.500 and 100.501 as subpart C under the
heading ``Subpart C--Fifth Coast Guard District''.
Sec. Sec. 100.550 through 100.699 [Added and Reserved]
0
30. Add reserved Sec. Sec. 100.550 through 100.699 to newly designated
subpart C.
Sec. 100.700 [Added and Reserved]
0
31. Add reserved Sec. 100.700.
Sec. Sec. 100.700 through 100.740 [Designated as Subpart D]
0
32. Designate reserved Sec. Sec. 100.700 through 100.740 as subpart D
under the heading ``Subpart D--Seventh Coast Guard District''.
Sec. Sec. 100.750 through 100.799 [Added and Reserved]
0
33. Add reserved Sec. Sec. 100.750 through 100.799 to newly designated
subpart D.
Sec. 100.800 [Added and Reserved]
0
34. Add reserved Sec. 100.800.
Sec. Sec. 100.800 and 100.801 [Designated as Subpart E]
0
35. Designate Sec. Sec. 100.800 and 100.801 as subpart E under the
heading ``Subpart E--Eighth Coast Guard District''.
Sec. Sec. 100.850 through 100.899 [Added and Reserved]
0
36. Add reserved Sec. Sec. 100.850 through 100.899 to newly designated
subpart E.
Sec. 100.900 [Added and Reserved]
0
37. Add reserved Sec. 100.900.
Sec. Sec. 100.900 through 100.929 [Designated as Subpart F]
0
38. Designate Sec. Sec. 100.900 through 100.929 as subpart F under the
heading ``Subpart F--Ninth Coast Guard District''.
Sec. Sec. 100.950 through 100.1099 [Added and Reserved]
0
39. Add reserved Sec. Sec. 100.950 through 100.1099 to newly
designated subpart F.
Sec. 100.1100 [Added and Reserved]
0
40. Add reserved Sec. 100.1100.
[[Page 30879]]
Sec. Sec. 100.1100 through 100.1105 [Designated as Subpart G]
0
41. Designate Sec. Sec. 100.1100 through 100.1105 as subpart G under
the heading ``Subpart G--Eleventh Coast Guard District''.
Sec. Sec. 100.1150 through 100.1299 [Added and Reserved]
0
42. Add reserved Sec. Sec. 100.1150 and 100.1299 to newly designated
subpart G.
Sec. 100.1300 [Added and Reserved]
0
43. Add reserved Sec. 100.1300.
Sec. Sec. 100.1300 through 100.1309 [Designated as Subpart H]
0
44. Designate Sec. Sec. 100.1300 through 100.1309 as subpart H under
the heading ``Subpart H--Thirteenth Coast Guard District''.
Sec. Sec. 100.1350 through 100.1399 [Added and Reserved]
0
45. Add reserved Sec. Sec. 100.1350 through 100.1399 to newly
designated subpart H.
Sec. 100.1400 [Added and Reserved]
0
46. Add reserved Sec. 100.1400.
Sec. Sec. 100.1400 and 100.1401 [Designated as Subpart I]
0
47. Designate Sec. Sec. 100.1400 and 100.1401 as subpart I under the
heading ``Subpart I--Fourteenth Coast Guard District''.
Sec. Sec. 100.1450 through 100.1699 [Added and Reserved]
0
48. Add reserved Sec. Sec. 100.1450 through 100.1699 to newly
designated subpart I.
0
48a. Add subpart J, consisting of reserved Sec. Sec. 100.1700 through
100.1799, to read as follows:
Subpart J--Seventeenth Coast Guard District
Sec. Sec. 100.1700 through 100.1799 [Reserved]
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
49. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.149 [Amended]
0
50. In Sec. 117.149, remove the text ``3rd'' and ``4th'' and add, in
their place, the text ``Third'' and ``Fourth'', respectively.
Sec. 117.163 [Amended]
0
51. In Sec. 117.163(b), remove the text ``3rd'' and add, in its place,
the text ``Third''.
Sec. 117.175 [Amended]
0
52. In Sec. 117.175(b,), remove the word ``Counties'' and add, in its
place, the word ``counties''.
Sec. 117.193 [Amended]
0
53. In Sec. 117.193, remove the words ``Highway and Bicycle'' and add,
in their place, the words ``highway and bicycle''.
0
54. Revise Sec. 117.523 to read as follows:
Sec. 117.523 Back River.
The draw of the Barter's Island Bridge, mile 2.0, between Hodgdon
and Barters Island at Boothbay, shall open on signal from June 1
through October 31; except that, from 5 p.m. to 8 a.m., the draw shall
be opened on signal if notice was given to the drawtender from 8 a.m.
to 5 p.m. From November 1 through May 31 the draw shall open on signal
if at least 24 hours notice is given to the drawtender or to the Maine
Department of Transportation at Augusta.
0
55. Revise Sec. 117.621 to read as follows:
Sec. 117.621 West Bay
The draw of the West Bay Bridge, mile 1.2, at Osterville, shall
operate as follows:
(a) From November 1 through April 30, the draw shall open on signal
if at least a twenty-four hours advance notice is given.
(b) From May 1 through June 15, the draw shall open on signal from
8 a.m. to 6 p.m.
(c) From June 16 through September 30, the draw shall open on
signal from 7 a.m. to 9 p.m.
(d) From October 1 through October 31, the draw shall open on
signal from 8 a.m. to 6 p.m.
(e) At all other times from May 1 through October 31, the draw
shall open on signal if at least a four-hours advance notice is given
by calling the number posted at the bridge.
0
56. Revise Sec. 117.622 to read as follows:
Sec. 117.622 Weymouth Fore River.
The draw of the Quincy Weymouth SR3A bridge, mile 3.5 between
Quincy Point and North Weymouth, Massachusetts, shall open on signal,
except that:
(a) From 6:30 a.m. to 9 a.m. and from 4:30 p.m. to 6:30 p.m.,
Monday through Friday, except holidays observed in the locality, the
draw need not be opened.
(b) The draw shall open on signal at all times for self-propelled
vessels greater than 10,000 gross tons.
(c) From noon to 6 p.m. on Thanksgiving Day, from 6 p.m. on
December 24 to midnight on December 25, and from 6 p.m. on December 31
to midnight on January 1, the draw shall open on signal after at least
a two-hour advance notice is given by calling the number posted at the
bridge.
Sec. 117.755 [Amended]
0
57. In Sec. 117.755 introductory text, remove the words ``Monmouth
County highway bridge'' and add, in their place, the words ``Sea Bright
Bridge''.
Sec. 117.791 [Amended]
0
58. Amend Sec. 117.791 as follows:
0
a. In paragraph (c), remove the text ``CSX Transportation Bridge'' and
add, in its place, the text ``Livingston Ave. (Amtrak) Bridge''.
0
b. In paragraph (d), remove the text ``state highway bridge'' and add,
in its place, the text ``Troy-Menands Bridge''.
0
c. In paragraph (e) introductory text, remove the text ``highway
bridge'' and add, in its place, the text ``Troy-Green Bridge''.
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
59. The authority citation for part 151 continues to read as follows:
Authority: 33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101;
Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat. 1063),
Sec. 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Delegation No.
0170.1, sec. 2(77).
Sec. 151.1021 [Amended]
0
60. In Sec. 151.1021(b)(1), after the word ``Prevention'', add the
word ``Policy''.
Sec. 151.1513 [Amended]
0
61. In Sec. 151.1513, in the second sentence, after the text
``submitted in writing'', add the text ``by email to
[email protected], or''.
Sec. 151.2005 [Amended]
0
62. Amend Sec. 151.2005(b) as follows:
0
a. Remove the definition for ``International Maritime Organization
(IMO) ballast water management guidelines''; and
0
b. In the definition for ``Shipboard Technology Evaluation Program
(STEP)'', remove the text ``http://www.uscg.mil/
environmental_standards/'' and add, in its place, the text ``http://
www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-
Policy-CG-5P/Commercial-Regulations-standards-CG-5PS/office-oes/''.
[[Page 30880]]
Sec. 151.2026 [Amended]
0
63. In Sec. 151.2026(b), after the text ``20593-7430'', add the text
``, or by email to [email protected]''.
Sec. 151.2036 [Amended]
0
64. In Sec. 151.2036, in the second sentence, after the text
``submitted in writing'', add the text ``by email to
[email protected], or''.
0
65. Amend Sec. 151.2065 by revising the introductory text and
paragraph (b) to read as follows:
Sec. 151.2065 Equivalent reporting methods for vessels other than
those entering the Great Lakes or Hudson River after operating outside
the U.S. Exclusive Economic Zone or Canadian equivalent.
For vessels required to report under Sec. 151.2060(b)(3) of this
subpart, the Chief, Environmental Standards Division (CG-OES-3), acting
for the Assistant Commandant for Prevention Policy (CG-5P), may, upon
receipt of a written request, consider and approve alternative methods
of reporting if--
* * * * *
(b) Compliance with Sec. 151.2060 of this subpart is economically
or physically impractical. The Chief, Environmental Standards Division
(CG-OES-3), will approve or disapprove a request submitted in
accordance with this section within 30 days of receipt of the request.
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
0
66. The authority citation for part 154 continues to read as follows:
Authority: 33 U.S.C. 1225, 1231, 1321(j)(1)(C), (j)(5), (j)(6),
and (m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland
Security Delegation No. 0170.1. Subpart F is also issued under 33
U.S.C. 2735. Vapor control recovery provisions of Subpart P are also
issued under 42 U.S.C. 7511b(f)(2).
0
67. In Sec. 154.1020, remove the definition for ``Dispersant Mission
Planner 2 or (DMP2)'' and add in alphabetical order a definition for
``Estimated Dispersant System Potential Calculator (EDSP)''.
The addition reads as follows:
Sec. 154.1020 Definitions.
* * * * *
Estimated Dispersant System Potential Calculator (EDSP) means an
internet-accessible application that estimates EDAC for different
dispersant response systems. The NSFCC will use EDSP for evaluating
OSRO dispersant classification levels.
* * * * *
Sec. 154.1045 [Amended]
0
68. In Sec. 154.1045(i)(2)(ii), remove the text ``DMP2'' and add, in
its place, the text ``EDSP''.
Appendix C to Part 154 [Amended]
0
69. In Appendix C to part 154, paragraphs 8.2.1.2 and 8.2.3(i), remove
the text ``Dispersant Mission Planner 2'' and ``DMP2'' wherever they
appear, and add, in their place, the text ``EDSP''.
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
0
70. The authority citation for part 155 continues to read as follows:
Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1225, 1231,
1321(j), 1903(b), 2735; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp.,
p. 351; Department of Homeland Security Delegation No. 0170.1.
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.
0
71. In Sec. 155.1020, remove the definition for ``Dispersant Mission
Planner 2 (DMP2)'' and add in alphabetical order a definition for
``Estimated Dispersant System Potential Calculator (EDSP)'' to read as
follows:
Sec. 155.1020 Definitions.
* * * * *
Estimated Dispersant System Potential Calculator (EDSP) means an
internet-accessible application that estimates EDAC for different
dispersant response systems. The NSFCC will use EDSP for evaluating
OSRO dispersant classification levels.
* * * * *
Sec. 155.1050 [Amended]
0
72. In Sec. 155.1050(k)(2)(ii), remove the text ``Dispersant Mission
Planner 2'' and add, in its place, the text ``EDSP''.
Appendix B to Part 155 [Amended]
0
73. In Appendix B to part 155, paragraphs 8.2.1.2 and 8.2.3(i), remove
the text ``Dispersant Mission Planner 2'' and ``DMP2'' wherever they
appear, and add, in their place, the text ``EDSP''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
0
74. The authority citation for part 156 continues to read as follows:
Authority: 33 U.S.C. 1225, 1231, 1321(j); 46 U.S.C. 3703,
3703a, 3715; E.O. 11735, 3 CFR 1971-1975 Comp., p. 793; Department
of Homeland Security Delegation No. 0170.1.
Sec. 156.210 [Amended]
0
75. In Sec. 156.210(b), remove the text ``(CG-5)'' and add, in its
place, the text ``(CG-ENG)''.
PART 161--VESSEL TRAFFIC MANAGEMENT
0
76. The authority citation for part 161 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
77. Amend Sec. 161.2 as follows:
0
a. Remove the word ``sector'' wherever it appears, and add, in its
place, the word ``zone'';
0
b. Add definitions in alphabetical order for ``Center'' and
``Published'';
0
c. In the definition of ``Vessel Traffic Service Area or VTS Area'',
remove the word ``sectors'' and add, in its place, the word ``zones'';
and
0
d. In the introductory text of the definition of ``VTS User'', remove
the word ``area'' and add, in its place, the word ``Area''.
The additions read as follows:
Sec. 161.2 Definitions.
* * * * *
Center means a Vessel Traffic Center or Vessel Movement Center.
* * * * *
Published means available in a widely-distributed and publicly
available medium (e.g., VTS User's Manual, ferry schedule, Notice to
Mariners).
* * * * *
0
78. Redesignate the note at the end of the section as Note 1 to Sec.
161.4 and revise it to read as follows:
Sec. 161.4 Requirement to carry the rules.
* * * * *
Note 1 to Sec. 161.4: These rules are contained in the
applicable U.S. Coast Pilot, the VTS User's Manual which may be
obtained by contacting the appropriate VTS or downloaded from the
Coast Guard Navigation Center website (https://www.navcen.uscg.gov).
Sec. 161.5 [Amended]
0
79. In Sec. 161.5(b), remove the text ``Vessel Traffic Center (VTC)''
and add, in its place, the text ``VTC''.
Sec. 161.12 [Amended]
0
80. Amend Sec. 161.12 in Table 1 to Sec. 161.12(c) as follows:
0
a. In entry (10)(ii), in the ``Monitoring area'' column, remove the
words ``Strait of Juan de Fuca'' and add, in their place, the words
``Salish Sea'';
[[Page 30881]]
0
b. In entry (12), remove the text ``Mary's'' wherever it appears and
add, in its place, the text ``Marys''; and
0
c. In Note 6, remove the word ``sector'' and add, in its place, the
word ``zone''.
Sec. 161.17 [Removed and Reserved]
0
81. Remove and reserve Sec. 161.17.
0
82. Amend Sec. 161.55 by revising paragraph (c)(3) to read as follows:
Sec. 161.55 Vessel Traffic Service Puget Sound and the Cooperative
Vessel Traffic Service for the Juan de Fuca Region.
* * * * *
(c) * * *
(3) A vessel of less than 100 meters in length is exempt from the
provisions set forth in Sec. 161.13(b)(3) of this part.
* * * * *
Sec. 161.70 [Amended]
0
83. In entry 4 to the Table to Sec. 161.70(d) and entry 3 to the Table
to Sec. 161.70(f), remove the word ``Sector'' and add, in its place,
the word ``Zone''.
PART 164--NAVIGATION SAFETY REGULATIONS
0
84. The authority citation for part 164 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 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. Department of Homeland Security Delegation No.
0170.1, para. II (70), (92.a), (92.b), (92.d), (92.f), and (97.j).
0
85. Amend Sec. 164.72 by revising paragraph (b)(2)(ii)(C) to read as
follows:
Sec. 164.72 Navigational-safety equipment, charts or maps, and
publications required on towing vessels.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(C) Tidal-current tables published by private entities using data
provided by the NOS, or river-current tables published by a river
authority;
* * * * *
Title 46--Shipping
PART 2--VESSEL INSPECTIONS
0
86. The authority citation for part 2 continues to read as follows:
Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1231, 1903; 43
U.S.C. 1333; 46 U.S.C. 2103, 2110, 3306, 3703; Department of
Homeland Security Delegation No. 0170.1(II)(77), (90), (92)(a),
(92)(b); E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-
105.
Subpart 2.01--Inspecting and Certificating of Vessels
Sec. 2.01-7 [Amended]
0
87. Section 2.01-7 is amended in column 4 to Table 2.01-7(a), paragraph
(a)(2)(i), by removing the comma after the text ``recreational
vessels''.
Subpart 2.10--Fees
0
88. Amend 2.10-20 by revising paragraphs (d) introductory text,
(d)(1)(ii) and (iii), and (d)(2)(ii) and (iii) to read as follows:
Sec. 2.10-20 General requirements.
* * * * *
(d) Unless otherwise specified or if payment is made through
www.pay.gov, fees required by this subpart must be submitted using one
of the following methods:
(1) * * *
(ii) For payment by check, made payable to U.S. Treasury, with
delivery by postal service, USCG Vessel Inspections Fees, P.O. Box
979118, St. Louis, MO 63197-9000.
(iii) For payment by check, made payable to U.S. Treasury, with
delivery by overnight courier, USCG Vessel Inspection Fees, Lockbox No.
979118, U.S. Bank Government Lockbox, 1005 Convention Plaza, ATTN:
GOVERNMENT LOCKBOX, SL-MOC1 GL, St. Louis, MO 63101.
(2) * * *
(ii) For payment by check, made payable to U.S. Treasury, with
delivery by postal service, USCG User Fees, P.O. Box 979125, St. Louis,
MO 63197-9000.
(iii) For payment by check, made payable to U.S. Treasury, with
delivery by overnight courier, USCG User Fees, Lockbox No. 979125, U.S.
Bank Government Lockbox, 1005 Convention Plaza, ATTN: GOVERNMENT
LOCKBOX, SL-MOC1 GL, St. Louis, MO 63101.
* * * * *
PART 10--MERCHANT MARINER CREDENTIAL
0
89. The authority citation for part 10 continues to read as follows:
Authority: 14 U.S.C. 503; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 0170.1.
Sec. 10.203 [Amended]
0
90. Amend Sec. 10.203 as follows:
0
a. Remove paragraph (a); and
0
b. Redesignate paragraphs (b) through (d) as paragraphs (a) through
(c).
Sec. 10.209 [Amended]
0
91. In Sec. 10.209, in paragraphs (d) introductory text and (h), after
``Sec. Sec. '', add ``10.223,''.
0
92. Amend Sec. 10.221 by revising paragraph (b) to read as follows:
Sec. 10.221 Citizenship.
* * * * *
(b) Proof of citizenship or alien status must be submitted to the
Transportation Security Administration (TSA) with the applicant's TWIC
application in accordance with 49 CFR 1572.17(a)(11).
* * * * *
0
93. Amend Sec. 10.229 by revising paragraph (b) to read as follows:
Sec. 10.229 Replacement of lost merchant mariner credentials.
* * * * *
(b) The duplicate credential will have the same authority, wording,
and expiration date as the lost credential.
* * * * *
Sec. 10.232 [Amended]
0
94. Amend Sec. 10.232 in paragraphs (e)(1) and (e)(2)(i) by removing
the text ``raise in grade'' and add, in its place, the text ``raise of
grade.
Sec. 10.239 [Amended]
0
95. In Table 1 to Sec. 10.239, remove the text ``12.601(c)'' wherever
it appears, and, in its place, add the text ``12.602(a)''.
Sec. 10.305 [Amended]
0
96. Amend Sec. 10.305 as follows:
0
a. In paragraph (a)(2), in the first sentence remove the text ``After
January 1, 2017, applicants'' and add, in its place, the text
``Applicants'' and in the second sentence remove the text ``meets'' and
add, in its place, the text ``previously met''; and
0
b. In paragraph (c), remove the text ``MMC'' and add, in its place, the
text ``a medical certificate''.
Sec. 10.402 [Amended]
0
97. In Sec. 10.402, remove the text ``Vessel Activities (CG-CVC)'' in
paragraph (b) introductory text and add, in its place, the text
``Merchant Mariner Credentialing''; and after the text ``and include'',
add the text ``the following''.
Sec. 10.410 [Amended]
0
98. Amend Sec. 10.410 by removing paragraph (f) and redesignating
paragraphs (g) and (h) as (f) and (g), respectively.
[[Page 30882]]
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
99. The authority citation for part 11 continues 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; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
Sec. 11.201 [Amended]
0
100. In Sec. 11.201(b), revise the citation ``Sec. 11.467(i)'' to
read ``Sec. 11.467(h)''.
Sec. 11.211 [Amended]
0
101. In Sec. 11.211(c)(2), remove the text ``raise in grade'' and add,
in its place, the text ``raise of grade''.
Sec. 11.301 [Amended]
0
102. Amend Sec. 11.301 as follows:
0
a. In paragraph (b)(1) remove the text ``upgrade'' and add, in its
place, the text ``raise of grade'';
0
b. Remove paragraph (g); and
0
c. Redesignate paragraphs (h) through (j) as paragraphs (g) through
(i).
Sec. 11.305 [Amended]
0
103. In Sec. 11.305(a)(3)(i), remove the word ``shiphandling'', and
add, in its place, the words ``ship handling''.
Sec. 11.307 [Amended]
0
104. In Sec. 11.307(a)(3)(i), remove the word ``shiphandling'', and
add, in its place, the words ``ship handling''.
Sec. 11.309 [Amended]
0
105. In Table 1 to Sec. 11.309(e), remove the text ``A-II/2'' in the
third column heading and add, in its place, the text ``A-II/1''.
Sec. 11.311 [Amended]
0
106. Amend Sec. 11.311 as follows:
0
a. In paragraph (a)(3)(i), remove the word ``shiphandling'', and add,
in its place, the words ``ship handling''; and
0
b. In Table 1 to Sec. 11.311(d), remove the text ``A-II/3'' in the
third column heading and add, in its place, the text ``A-II/2''.
Sec. 11.313 [Amended]
0
107. In Sec. 11.313(a)(3)(i), remove the word ``shiphandling'', and
add, in its place, the words ``ship handling''.
Sec. 11.315 [Amended]
0
108. In Sec. 11.315, in paragraph (c), remove the text ``A-II/3'' and
add, in its place, the text ``A-II/2'' and in Table 1 to Sec.
11.315(d), third column heading, remove the text ``A-II/3'' and add, in
its place, the text ``A-II/2''.
Sec. 11.319 [Amended]
0
109. Amend Sec. 11.319 as follows:
0
a. In paragraph (c), remove the text ``A-II/3'' and add, in its place,
the text ``A-II/1'' and in Table 1 to Sec. 11.315(d), third column
heading, remove the text ``A-II/3'' and add, in its place, the text
``A-II/1''.
0
b. In footnote 2 to Table 1 to Sec. 11.319(d), remove the text
``(a)(2)'' and add, in its place, the text ``(a)(3)''; and
0
c. In footnote 3 to Table 1 to Sec. 11.319(d), remove the text
``(a)(3)'' and add, in its place, the text ``(a)(4)''.
Sec. 11.331 [Amended]
0
110. In Table 1 to Sec. 11.331(e), third column heading, remove the
text ``A-III/2'' and add, in its place, the text ``A-III/3''.
Sec. 11.333 [Amended]
0
111. In Table 1 to Sec. 11.333(d), third column heading, remove the
text ``A-III/2'' and add, in its place, the text ``A-III/3''.
Sec. 11.430 [Amended]
0
112. In Sec. 11.430(e), remove the text ``raise-in-grade'' and add, in
its place, the text ``raise of grade''.
Sec. 11.464 [Amended]
0
113. In Sec. 11.464(g)(1), remove the text ``(f)'', and add, in its
place, the text ``(e)''.
Sec. 11.465 [Amended]
0
114. In Sec. 11.465(a), second sentence, remove the text ``upgrade
it'' and add, in its place, the text ``raise of grade''.
Sec. 11.480 [Amended]
0
115. In Sec. 11.480(b)(2), remove the word ``Intercoastal'' and add,
in its place, the word ``Intracoastal''.
Sec. 11.603 [Amended]
0
116. In Sec. 11.603, remove the text ``first or second class''; and
after the text ``radiotelegraph operator license'', add the text ''
(T)''.
Sec. 11.1105 [Amended]
0
117. In Sec. 11.1105(d), remove the text ``11.301(h)'' and add, in its
place, the text ``10.107''.
PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS
0
118. The authority citation for part 12 continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.
Sec. 12.601 [Amended]
0
119. Amend Sec. 12.601 by removing paragraph (c).
Sec. 12.603 [Amended]
0
120. Amend Sec. 12.603 as follows:
0
a. Remove paragraph (b);
0
b. Redesignate paragraphs (c) through (e) as paragraphs (b) through
(d), respectively;
0
c. In newly redesignated paragraph (d) introductory text, remove the
text ``paragraphs (b) and (c)'' and add, in its place, the text
``paragraph (b)''; and
0
d. Revise the heading of Table 1 to Sec. 12.603(e) to read ``Table 1
to Sec. 12.603(d)''.
Sec. 12.607 [Amended]
0
121. Amend Sec. 12.607 as follows:
0
a. Remove paragraph (b);
0
b. Redesignate paragraphs (c) through (e) as paragraphs (b) through
(d), respectively;
0
c. In newly redesignated paragraph (d), remove the text ``paragraphs
(b) and (c)'' and add, in its place, the text ``paragraph (b)''; and
0
d. Revise the heading of Table 1 to Sec. 12.607(e) to read ``Table 1
to Sec. 12.607(d)''.
Sec. 12.613 [Amended]
0
122. In Sec. 12.613(a)(3), remove the text ``Sec. 12.601(c)'' and
add, in its place, the text ``Sec. 12.602''.
PART 15--MANNING REQUIREMENTS
0
123. The authority citation for part 15 continues 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 Department of Homeland Security Delegation No. 0170.1.
Sec. 15.530 [Amended]
0
124. In Sec. 15.530(b)(4)(iv), after the text ``subpart'', remove the
text ``J'' and add, in its place, the text ``I''.
0
125. Amend Sec. 15.860 by revising paragraphs (b)(3), (c)(1) and (2),
(d)(1) and (2), (e)(1) and (2), (f), (g), and (h) introductory text and
(h)(1) to read as follows:
Sec. 15.860 Tankerman.
* * * * *
(b) * * *
(3) At least two tankerman-engineers must be carried.
(c) * * *
(1) At least two tankerman-PICs or restricted tankerman-PICs must
be carried; and
(2) At least two tankerman-engineers must be carried, unless only
one
[[Page 30883]]
engineer is required, in which case at least one tankerman-engineer
must be carried.
(d) * * *
(1) One or two, at least one tankerman-PIC or restricted tankerman-
PIC must be carried; or
(2) More than two, at least two tankerman-PICs or restricted
tankerman-PICs must be carried.
(e) * * *
(1) One or two, at least one tankerman-PIC, restricted tankerman-
PIC, tankerman-PIC (barge), or restricted tankerman-PIC (barge) must be
carried; or
(2) More than two, at least two tankerman-PICs, restricted
tankerman-PICs, tankerman-PICs (barge), or restricted tankerman-PICs
(barge) must be carried.
(f) The following personnel aboard each tankship certified for
voyages beyond the boundary line, as described in part 7 of this
chapter, must hold valid MMDs or MMCs, endorsed as follows:
(1) The master and chief mate must each hold a tankerman-PIC or
restricted tankerman-PIC endorsement.
(2) The chief, first assistant, and cargo engineers must each hold
a tankerman-engineer or tankerman-PIC endorsement.
(3) Each credentialed officer acting as the PIC of a transfer of
liquid cargo in bulk must hold a tankerman-PIC or restricted tankerman-
PIC endorsement.
(4) Each officer or crewmember who is assigned by the PIC duties
and responsibilities related to the cargo or cargo-handling equipment
during a transfer of liquid cargo in bulk, but is not directly
supervised by the PIC, must hold a tankerman-assistant endorsement.
(g) The endorsements required by this section must be for the
classification of the liquid cargo in bulk or of the cargo residue
being carried.
(h) All individuals serving on tankships certified for voyages
beyond the boundary line, as described in part 7 of this chapter, must
hold an appropriate STCW endorsement, as follows:
(1) For tankerman-PIC, an STCW endorsement as Advanced Oil Tanker
Cargo Operations, Advanced Chemical Tanker Cargo Operations, or
Advanced Liquefied Gas Tanker Cargo Operations, as appropriate.
* * * * *
Sec. 15.1101 [Amended]
0
126. In Sec. 15.1101(a)(2) introductory text, after the text
``domestic'', add the text ``, near coastal''.
PART 16--CHEMICAL TESTING
0
127. The authority citation for part 16 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701;
Department of Homeland Security Delegation No. 0170.1.
Sec. 16.220 [Amended]
0
128. In Sec. 16.220(a), remove the text ``Sec. 10.227(e)'' and add,
in its place, the text ``Sec. 10.227(g)''.
PART 26--OPERATIONS
0
129. Revise the authority citation for part 26 to read as follows:
Authority: 46 U.S.C. 3306, 4105, 4106, 6101, 8105; Pub. L. 103-
206, 107 Stat. 2439; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; Department of Homeland Security Delegation No. 0170.1.
PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS
0
130. The authority citation for part 28 continues to read as follows:
Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603;
Department of Homeland Security Delegation No. 0170.1.
Sec. 28.210 [Amended]
0
131. In Sec. 28.210(b)(1)(ii), remove the text ``Sec.
10.205(h)(1)(ii)'' and add, in its place, the text ``Sec. 11.201(i)''.
PART 162--ENGINEERING EQUIPMENT
0
132. The authority citation for part 162 continues to read as follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of
Homeland Security Delegation No. 0170.1.
Subpart 162.060--Ballast Water Management Systems
Sec. 162.060-14 [Amended]
0
133. In Sec. 162.060-14(b), after the text ``Washington, DC 20593-
7430'', add the text ``, or by email to [email protected]''.
Sec. 162.060-42 [Amended]
0
134. In Sec. 162.060-42(a)(3), after the text ``Washington, DC 20593-
7430'', add the text ``, or by email to [email protected]''.
Dated: June 11, 2019.
M.W. Mumbach,
Acting Chief, Office of Regulations and Administrative Law, U.S. Coast
Guard.
[FR Doc. 2019-12561 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P
