Navigation and Navigable Waters; Technical, Organizational, and Conforming Amendments
Federal Register: June 25, 2010 (Volume 75, Number 122)
Rules and Regulations
Page 36273-36288
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr25jn10-4
DEPARTMENT OF HOMELAND SECURITY
Coast Guard 33 CFR Parts 1, 3, 8, 13, 19, 23, 25, 26, 27, 51, 67, 81, 84, 89, 96, 101, 104, 105, 110, 114, 116, 118, 120, 126, 127, 128, 135, 140, 141, 144, 148, 149, 150, 151, 153, 154, 155, 156, 157, 158, 159, 160, 164, 165, 167, 169, 174, 179, 181, and 183
Docket No. USCG-2010-0351
RIN 1625-ZA25
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 waters 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.
DATES: This final rule is effective June 25, 2010.
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-2010-0351 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-2010-0351 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Diane LaCumsky, Coast Guard; telephone 202-372-1025, e- mail Diane.M.LaCumsky@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. Discussion of Rule
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)(3)(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 procedure are unnecessary under 5 U.S.C. 553 (b)(3)(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. This rulemaking also implements the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996, by revising the Penalty Adjustment Table published in 33
CFR 27.3. This revision reflects statutorily prescribed adjustments of civil monetary penalties (CMP) for 2010. These statutes do not allow for discretion in implementation, rendering prior notice and comment unnecessary and contrary to the public interest.
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 25, 2010, makes technical and editorial corrections throughout
Title 33 in time to be reflected in the recodification. This rule does not create any substantive requirements.
III. Discussion of Rule
This rule amends 33 CFR Part 1 by adding a new paragraph to clarify the Coast Guard's District Commanders' authority to redelegate signature of
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temporary deviations for bridge operating schedules. This rule clarifies existing practice which allows the District Commander to give the District Bridge Chief the authority to sign temporary deviations.
This rule revises 33 CFR Part 3 to designate Sector Honolulu Marine
Inspection Zone and Captain of the Port Zone boundaries to accurately reflect current agency practice. We also add a new section to 33 CFR
Part 3, to reflect internal agency organization providing for Officer in Charge, Marine Inspection (OCMI) authority in the Far East Maritime
Inspection Zone. Additionally, we are adding a new paragraph to Part 3 to establish agency procedure and practice in execution of Search and
Rescue in the Atlantic Area Search and Rescue Regions (SRR).
In this rule, the Coast Guard is publishing the 2010 Civil Monetary
Penalty Inflation Adjustments. These adjustments, in 33 CFR Part 27, 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 publication in this final rule of the adjustments for 2010 establishes agency procedure for publishing the annual prescribed adjustment of civil penalties as a part of the Coast Guard's annual technical amendment to 33 CFR, as opposed to publishing separate rulemakings for the annual adjustments.
The last inflation adjustments were made in 2009. 74 FR 68150,
December 23, 2009. The 2010 adjustments are based on the change in the
Consumer Price Index for All Urban Consumers (CPI-U) from June 2008 to
June 2009. The recorded change in CPI-U during that period was -1.43 percent. 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 and the 2010 amounts are therefore identical to the 2009 amounts.
This rule revises 33 CFR Part 155 to correct a typographical error found in 33 CFR 155.4030(g), which erroneously states the pumping rate factor as 0.16 gpm/ft2 instead of 0.016 gpm/ft2. In the preamble to the salvage and marine firefighting final rule, the Coast Guard expressly disagreed with the suggestion that the application rates for foam be made consistent with National Fire Protection Association (NFPA) 11 and 11A which require a minimum application rate of 0.16 gallons per minute per square foot (gpm/ft2) for a fuel spill involving flammable liquids in depth. 73 FR 80618, December 31, 2008. Instead, as reflected in the preamble of that rule, Sec. 155.4030(g) was intended to meet the quantity of foam requirements in the existing 46 CFR 34.20-5, and Coast
Guard NVIC 06-72 ``Guide to Fixed Fire-Fighting Equipment Aboard
Merchant Vessels.'' These standards require a quantity of foam large enough to supply foam to one tenth of the surface over the cargo tanks, or the horizontal sectional area of the single largest tank. However, this minimum application rate was not reflected correctly in Sec. 155.4030(g) due to a typographical error in the final rule. Thus, the pumping rate factor is corrected from 0.16 gpm/ft2 to 0.016 gpm/ft2. As discussed in the preamble to the salvage and marine firefighting final rule, the Coast Guard clearly intended to use the extinguishing agent application rate of 0.016 gpm/ft2 to calculate the amount necessary to address a contained fire involving 10 percent of the deck area of the vessel for 20 minutes. If this typographical error was not corrected and the application rate remained at 0.16 gpm/ft2, industry would be required to use 10 times the amount of foam than was considered in the final rule, resulting in increased cost and burden to industry.
This rule also revises 33 CFR Part 155 to correct an omission in the wording of 33 CFR 155.4035(b)(1). This technical amendment changes the salvage and marine firefighting final rule to align with the Coast
Guard's intent that either the NFPA pre-fire plan or an alternative fire plan are acceptable for meeting the requirement for a marine firefighting pre-fire plan. In the preamble to the salvage and marine firefighting final rule, the Coast Guard said, ``We added wording to allow SOLAS vessels to use their SOLAS fire plans in lieu of a fire plan developed under NFPA 1405 to Sec. 155.4035(b)(1).'' 73 FR 80624,
December 31, 2008. However, this was inadvertently not added to Sec. 155.4035(b)(1) in the final rule. We are correcting this omission by revising Sec. 155.4035(b)(1) to reflect modification to this section as it was originally intended and stated in the preamble to the final rule. Additionally, although the preamble used the term ``SOLAS fire plans,'' there is no such document under the International Convention for the Safety of Life at Sea, 1974, as amended, (SOLAS). The revision to Sec. 155.4035(b)(1) uses the correct reference: ``SOLAS Chapter II- 2, Regulation 15.''
This rule revises 33 CFR Part 158 to implement non-discretionary provisions in the Act to Prevent Pollution from Ships (APPS) (33 U.S.C. 1901, et al.). APPS mandates pollution reception facilities' certificates issued under 33 U.S.C. 1905(c) are valid for a 5-year period or until certain conditions are met. We are revising 33 CFR Part 158 to incorporate this change to APPS as prescribed by the Coast Guard
Authorization Act of 1996 (Pub. L. 104-324).
This rule removes an unnecessary note explaining LORAN-C functions in 33 CFR Part 167. The note provides no substantive guidance or requirement and is no longer applicable to the description of traffic separation schemes and precautionary areas in Sector New York.
This rule corrects latitude/longitude coordinates of certain Coast
Guard Sector Marine Inspection Zones, Captain of the Port Zones, and other areas in 33 CFR Parts 110 and 167.
This rule updates various addresses for Coast Guard offices throughout Title 33 of the Code of Federal Regulations in order to conform to new mailing addresses and mailing address formats that came into use June 15, 2009. This rule also updates internal Coast Guard office designators, as well as certain personnel titles throughout
Title 33. 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.
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.
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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
Page 36275
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 this rule will not impose any additional costs 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.
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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, eliminate ambiguity, and reduce 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 and/or procedural, such as those updating addresses or establishing application procedures. An environmental analysis checklist and a categorical exclusion determination are 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 3
Organization and functions (Government agencies). 33 CFR Part 8
Armed forces reserves. 33 CFR Part 13
Decorations, medals, awards. 33 CFR Part 19
Navigation (water), Vessels. 33 CFR Part 23
Aircraft, Signs and symbols, Vessels. 33 CFR Part 25
Authority delegations (Government agencies), Claims. 33 CFR Part 26
Communications equipment, Marine safety, Radio, Telephone, Vessels. 33 CFR Part 27
Administrative practice and procedure, Penalties. 33 CFR Part 51
Administrative practice and procedure, Military personnel.
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33 CFR Part 67
Continental shelf, Navigation (water), Reporting and recordkeeping requirements. 33 CFR Part 81
Navigation (water), Reporting and recordkeeping requirements,
Treaties. 33 CFR Part 84
Navigation (water), Waterways. 33 CFR Part 89
Navigation (water), Reporting and recordkeeping requirements,
Waterways. 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 104
Maritime security, Reporting and recordkeeping requirements,
Security measures, Vessels. 33 CFR Part 105
Maritime security, Reporting and recordkeeping requirements,
Security measures. 33 CFR Part 110
Anchorage grounds. 33 CFR Parts 114, 116, and 118
Bridges. 33 CFR Part 120
Passenger vessels, Reporting and recordkeeping requirements,
Security measures, Terrorism. 33 CFR Part 126
Explosives, Harbors, Hazardous substances, Reporting and recordkeeping requirements. 33 CFR Part 127
Fire prevention, Harbors, Hazardous substances, Natural gas,
Reporting and recordkeeping requirements, Security measures. 33 CFR Part 128
Harbors, Reporting and recordkeeping requirements, Security measures, Terrorism. 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 141
Citizenship and naturalization, Continental shelf, Employment,
Reporting and recordkeeping requirements. 33 CFR Part 144
Continental shelf, Marine safety, Occupational safety and health. 33 CFR Part 148
Administrative practice and procedure, Environmental protection,
Harbors, Petroleum. 33 CFR Part 149
Fire prevention, Harbors, Marine safety, Navigation (water),
Occupational safety and health, Oil pollution. 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 Parts 153
Oil pollution, 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 157
Cargo vessels, Oil pollution, Reporting and recordkeeping requirements. 33 CFR Part 158
Administrative practice and procedure, Harbors, Oil pollution,
Penalties, Reporting and recordkeeping requirements, Water pollution control. 33 CFR Part 159
Alaska, Reporting and recordkeeping requirements, Sewage disposal,
Vessels. 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 164
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 33 CFR Part 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. 33 CFR Part 174
Intergovernmental relations, Marine safety, Reporting and recordkeeping requirements. 33 CFR Part 179
Marine safety, Reporting and recordkeeping requirements. 33 CFR Part 181
Labeling, Marine safety, Reporting and recordkeeping requirements. 33 CFR Part 183
Marine safety. 0
For the reasons discussed in the preamble, the Coast Guard amends 33 parts 1, 3, 8, 13, 19, 23, 25, 26, 27, 51, 67, 81, 84, 89, 96, 101, 104, 105, 110, 114, 116, 118, 120, 126, 127, 128, 135, 140, 141, 144, 148, 149, 150, 151, 153, 154, 155, 156, 157, 158, 159, 160, 164, 165, 167, 169, 174, 179, 181, and 183.
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.
Page 36277
Sec. 1.01-60 [Amended] 0 2. In Sec. 1.01-60(a), remove the words ``Assistant Commandant for
Operations'' and add, in their place, the words ``Deputy Commandant for
Operations (CG-DCO)''. 0 3. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add, in its place, the text indicated in the right column:
Section
Remove
Add
1.01-70(b)...................... (G-M)............. (CG-5). 1.05-20(a)...................... Second Street SW, 2nd St. SW., Stop
Washington, DC
7121, Washington, 20593-0001.
DC 20593-7121. 1.10-5(a)....................... Second St., SW,
2nd St. SW., Stop
Washington, DC
7101, Washington, 20593-0001.
DC 20593-7101. 1.26-5(b)....................... (G-WPM-3), 2100
(CG-1221) 2nd St.
Second St., SW,
SW., Stop 7801,
Washington, DC
Washington, DC 20593.
20593-7801.
0 4. Amend Sec. 1.05-1 as follows: 0 a. In paragraph (g), remove the words ``Assistant Commandant for
Operations'' and add, in their place, the words ``Deputy Commandant for
Operations (CG-DCO)''; and 0 b. Add new paragraph (j) to read as follows:
Sec. 1.05-1 Delegation of rulemaking authority.
* * * * *
(j) The Commandant has redelegated to Coast Guard District
Commanders the authority to redelegate in writing to the Coast Guard
District Bridge Chief, with the reservation that this authority must not be further redelegated, the authority to issue temporary deviations from drawbridge operating regulations as the District Bridge Chief deems necessary.
Sec. 1.10-5 [Amended] 0 5. In Sec. 1.10-5(a) and (c), after the words ``Information
Management'', add the designation ``(CG-61)''.
Sec. 1.20-1 [Amended] 0 6. Amend Sec. 1.20-1 as follows: 0 a. In paragraph(c), remove the words ``Chief counsel, U.S. Coast
Guard'' and add, in their place, the words ``Judge Advocate General and
Chief Counsel, U.S. Coast Guard (CG-094)''; and after the words
``Chief, Office of Claims and Litigation'', add the designation ``(CG- 0945)''. 0 b. In paragraph (d), remove the words ``Chief Counsel or the Deputy
Chief Counsel of the Coast Guard'' and add, in their place, the words
``Judge Advocate General and Chief Counsel or the Deputy Judge Advocate
General and Deputy Chief Counsel of the Coast Guard (CG-094)''.
Sec. 1.26-5 [Amended] 0 7. In Sec. 1.26-5(b), remove the designation ``(G-WPM-3)'' and add, in its place, the designation ``(CG-1221)''.
Sec. 1.26-15 [Amended] 0 8. In Sec. 1.26-15(d), (d)(1), and (d)(4), remove the designation
``(FS)'' and add, in its place, the designation ``(CG-9)''.
Sec. 1.26-20 [Amended] 0 9. In Sec. 1.26-20(b), remove the designation ``(FS)'' and add, in its place, the designation ``(CG-9)''.
PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES 0 10. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 92; Pub. L. 107-296, 116 Stat. 2135;
Department of Homeland Security Delegation No. 0170.1, para. 2(23). 0 11. Amend Sec. 3.01-1 as follows: 0 a. Redesignate paragraph (b) as paragraph (b)(1); and 0 b. Add paragraph (b)(2) to read as follows:
Sec. 3.01-1 General description.
* * * * *
(b) * * *
(2) For search and rescue (SAR) mission execution in the Atlantic
Area, Districts may execute SAR missions to the full extent of the
Area's Search and Rescue Region (SRR). Under this plan, Districts in the Atlantic Area will assume SAR Coordinator responsibilities and will act as SAR Mission Coordinator for any case prosecuted within their expanded regions. The exact coordinates of Atlantic Area's SRR can be found in the United States National Search and Rescue Supplement to the
International Aeronautical and Maritime Search and Rescue Manual.
* * * * * 0 12. Revise Sec. 3.70-10 to read as follows:
Sec. 3.70-10 Sector Honolulu Marine Inspection Zone and Captain of the Port Zone.
Sector Honolulu's office is located in Honolulu, HI. The boundaries of Sector Honolulu's Marine Inspection Zone and Captain of the Port
Zone comprise the State of Hawaii, including all the islands and atolls of the Hawaiian chain and the adjacent waters of the exclusive economic zone (EEZ); and the following islands and their adjacent waters of the
EEZ: American Samoa, Johnston Atoll, Palmyra Atoll, Kingman Reef, Wake
Island, Jarvis Island, Howland and Baker Islands, and Midway Island.
Sector Honolulu's Marine Inspection Zone also includes the Independent
State of Samoa. 0 13. In Sec. 3.70-15, remove the words ``on Victor Wharf, U.S. Naval
Base, Guam.'', and add, in their place, the words ``in Santa Rita,
Guam.''; and at the end of the last sentence, add a new sentence to read as follows:
Sec. 3.70-15 Sector Guam Marine Inspection Zone and Captain of the
Port Zone.
* * * Sector Guam's Marine Inspection Zone also includes the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia. 0 14. Add Sec. 3.70-20 to read as follows:
Sec. 3.70-20 Activities Far East Marine Inspection Zone.
(a) Activities Far East's office is located in Yokota, Japan. The boundaries of Activities Far East's Marine Inspection Zone coincide with the boundaries of the Fourteenth Coast Guard District, which are described in Sec. 3.70-1, excluding those areas within the Honolulu and Guam Marine Inspection Zones, as described in this part.
(b) Only for this part, the boundary between Activities Far East and Activities Europe Marine Inspection Zones is demarked by a southerly line bisecting the border of the Republic of India and the
Islamic Republic of Pakistan.
Page 36278
PART 8--UNITED STATES COAST GUARD RESERVE 0 15. The authority citation for part 8 continues to read as follows:
Authority: 14 U.S.C. 633.
Sec. 8.7 [Amended] 0 16. In Sec. 8.7(a), remove the phrase ``(G-WTR), 2100 Second St., SW.,
Washington, DC 20593-0001'' and add, in its place, the phrase ``(CG- 13), 2100 2nd St. SW., Stop 7801, Washington, DC 20593-7801''.
PART 13--DECORATIONS, MEDALS, RIBBONS AND SIMILAR DEVICES 0 17. The authority citation for part 13 continues to read as follows:
Authority: Secs. 500, 633, 63 Stat. 536, 545, sec. 6(b)(1), 80
Stat. 938; 14 U.S.C. 500, 633; 49 U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).
Sec. 13.01-15 [Amended] 0 18. In Sec. 13.01-15(a), remove the phrase ``Washington, DC 20593'' and add, in its place, the phrase ``2nd St. SW., Stop 7000, Washington,
DC 20593-7000''.
PART 19--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND
REGULATIONS 0 19. The authority citation for part 19 continues to read as follows:
Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46
U.S.C. note prec. 1, 49 U.S.C. 108; Department of Homeland Security
Delegation No. 0170.1.
Sec. 19.06 [Amended] 0 20. In Sec. 19.06, in paragraph (b) introductory text, remove the phrase ``(G-MOC), U.S. Coast Guard, Washington, DC 20593-0001'' and add, in its place, the phrase ``(CG-543), 2100 2nd St. SW., Stop 7000,
Washington, DC 20593-7000''; and in paragraph (d), remove the phrase
``(G-MOC)'' and add, in its place, the phrase ``(CG-543)''.
PART 23--DISTINCTIVE MARKINGS FOR COAST GUARD VESSELS AND AIRCRAFT 0 21. The authority citation for part 23 continues to read as follows:
Authority: Secs. 638, 639, 63 Stat. 546; 14 U.S.C. 638, 639,
E.O. 10707, 3 CFR, 1954-1958 Comp., p. 364.
Sec. 23.10 [Amended] 0 22. In Sec. 23.10(d), remove the phrase ``Washington, D.C. 20593'' and add, in its place, the phrase ``2100 2nd St. SW., Stop 7000,
Washington, DC 20593-7000''.
Sec. 23.12 [Amended] 0 23. In Sec. 23.12(c), remove the phrase ``Washington, D.C. 20593'' and add, in its place, the phrase ``2100 2nd St. SW., Stop 7000,
Washington, DC 20593-7000''.
PART 25--CLAIMS 0 24. The authority citation for part 25 continues to read as follows:
Authority: 14 U.S.C. 633; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR 1.46(b), unless otherwise noted.
Sec. 25.103 [Amended] 0 25. In Sec. 25.103, after the words ``assistance from the Coast
Guard'', remove the phrase ``Maintenance and Logistics Command Atlantic
(lc), located at 300 East Main Street, Suite 965, Norfolk, VA 23510- 9113 or from the Coast Guard Maintenance and Logistics Command Pacific
(lc), located at Coast Guard Island, Alameda, California, 94501, or from Commandant (G-LCL), U.S. Coast Guard, Washington, DC 20593'' and add, in its place, the phrase ``Legal Service Command, Claims Division
(LSC-5), located at 300 East Main Street, Suite 400, Norfolk, VA 23510- 9100, or from Commandant (CG-0945), 2100 2nd St., SW., Stop 7121,
Washington, DC 20593-7121''.
Sec. 25.111 [Amended] 0 26. In Sec. 25.111(b)(3), remove the phrase ``United States Coast
Guard, 2100 Second Street, SW., Washington, D.C. 20593'' and add, in its place, the phrase ``(CG-0945), 2100 2nd St., SW., Stop 7121,
Washington, DC 20593-7121''; and to the undesignated text following paragraph (b)(3) add the designation ``Note to paragraph (b):''.
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS 0 27. The authority citation for part 26 continues 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.
Rule 1, International Regulations for the Prevention of Collisions at Sea.
Sec. 26.08 [Amended] 0 28. In Sec. 26.08(c) introductory text, remove the phrase ``2100
Second Street, SW., Washington, D.C. 20593-0001'' and add, in its place, the phrase ``(CG-5), 2100 2nd St., SW., Stop 7355, Washington,
DC 20593-7355''.
PART 27--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION 0 29. The authority citation for part 27 continues to read as follows:
Authority: Secs. 16, Pub. L. 101410, 104 Stat. 890, as amended by Sec. 31001(s)(1), Pub. L. 104134, 110 Stat. 1321 (28 U.S.C. 2461 note); Department of Homeland Security Delegation No. 0170.1, sec. 2
(106). 0 30. Revise Sec. 27.3 to read as follows:
Sec. 27.3 Penalty Adjustment Table.
Table to Sec. 27.3 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 to Sec. 27.3--Civil Monetary Penalty Inflation Adjustments
2010 adjusted
U.S. code citation
Civil monetary penalty description
maximum penalty amount ($)
14 U.S.C. 88(c)................................. Saving Life and Property....................
8,000 14 U.S.C. 645(i)................................ Confidentiality of Medical Quality Assurance
4,000
Records (first offense). 14 U.S.C. 645(i)................................ Confidentiality of Medical Quality Assurance
30,000
Records (subsequent offenses). 16 U.S.C. 4711(g)(1)............................ Aquatic Nuisance Species in Waters of the
35,000
United States. 19 U.S.C. 70.................................... Obstruction of Revenue Officers by Masters
3,000 of Vessels. 19 U.S.C. 70.................................... Obstruction of Revenue Officers by Masters
700 of Vessels-Minimum Penalty. 19 U.S.C. 1581(d)............................... Failure to Stop Vessel When Directed;
5,000
Master, Owner, Operator or Person in Charge
\1\. 19 U.S.C. 1581(d)............................... Failure to Stop Vessel When Directed;
1,000
Master, Owner, Operator or Person in Charge-
Minimum Penalty \1\. 33 U.S.C. 471................................... Anchorage Ground/Harbor Regulations General.
110
Page 36279
33 U.S.C. 474................................... Anchorage Ground/Harbor Regulations St.
300
Mary's river. 33 U.S.C. 495(b)................................ Bridges/Failure to Comply with Regulations
25,000
\2\. 33 U.S.C. 499(c)................................ Bridges/Drawbridges \2\.....................
25,000 33 U.S.C. 502(c)................................ Bridges/Failure to Alter Bridge Obstructing
25,000
Navigation \2\. 33 U.S.C. 533(b)................................ Bridges/Maintenance and Operation \2\.......
25,000 33 U.S.C. 1208(a)............................... Bridge to Bridge Communication; Master,
800
Person in Charge or Pilot. 33 U.S.C. 1208(b)............................... Bridge to Bridge Communication; Vessel......
800 33 U.S.C. 1232(a)............................... PWSA Regulations............................
40,000 33 U.S.C. 1236(b)............................... Vessel Navigation: Regattas or Marine
8,000
Parades; Unlicensed Person in Charge. 33 U.S.C. 1236(c)............................... Vessel Navigation: Regattas or Marine
8,000
Parades; Owner Onboard Vessel. 33 U.S.C. 1236(d)............................... Vessel Navigation: Regattas or Marine
3,000
Parades; Other Persons. 33 U.S.C. 1319.................................. Pollution Prevention........................
40,000 33 U.S.C. 1319(2)(A)............................ Pollution Prevention (per violation)........
15,000 33 U.S.C. 1319(2)(A)............................ Pollution Prevention (Maximum--repeated
40,000 violations). 33 U.S.C. 1319(2)(B)............................ Pollution Prevention (per day of violation).
15,000 33 U.S.C. 1319(2)(B)............................ Pollution Prevention (Maximum--repeated
190,000 violations). 33 U.S.C. 1321(b)(6)(B)(i)...................... Oil/Hazardous Substances: Discharges (Class
15,000
I per violation). 33 U.S.C. 1321(b)(6)(B)(i)...................... Oil/Hazardous Substances: Discharges (Class
40,000
I total under paragraph). 33 U.S.C. 1321(b)(6)(B)(ii)..................... Oil/Hazardous Substances: Discharges (Class
15,000
II per day of violation). 33 U.S.C. 1321(b)(6)(B)(ii)..................... Oil/Hazardous Substances: Discharges (Class
190,000
II total under paragraph). 33 U.S.C. 1321(b)(7)(A)......................... Oil/Hazardous Substances: Discharges (per
40,000 day of violation) Judicial Assessment. 33 U.S.C. 1321(b)(7)(A)......................... Oil/Hazardous Substances: Discharges (per
1,100 barrel of oil or unit discharged) Judicial
Assessment. 33 U.S.C. 1321(b)(7)(B)......................... Oil/Hazardous Substances: Failure to Carry
40,000
Out Removal/Comply With Order (Judicial
Assessment). 33 U.S.C. 1321(b)(7)(C)......................... Oil/Hazardous Substances: Failure to Comply
40,000 with Regulation Issued Under 1321(j)
(Judicial Assessment). 33 U.S.C. 1321(b)(7)(D)......................... Oil/Hazardous Substances: Discharges, Gross
4,000
Negligence (per barrel of oil or unit discharged) Judicial Assessment. 33 U.S.C. 1321(b)(7)(D)......................... Oil/Hazardous Substances: Discharges, Gross
130,000
Negligence-Minimum Penalty (Judicial
Assessment). 33 U.S.C. 1322(j)............................... Marine Sanitation Devices; Operating........
3,000 33 U.S.C. 1322(j)............................... Marine Sanitation Devices; Sale or
8,000
Manufacture. 33 U.S.C. 1608(a)............................... International Navigation Rules; Operator....
8,000 33 U.S.C. 1608(b)............................... International Navigation Rules; Vessel......
8,000 33 U.S.C. 1908(b)(1)............................ Pollution from Ships; General...............
40,000 33 U.S.C. 1908(b)(2)............................ Pollution from Ships; False Statement.......
8,000 33 U.S.C. 2072(a)............................... Inland Navigation Rules; Operator...........
8,000 33 U.S.C. 2072(b)............................... Inland Navigation Rules; Vessel.............
8,000 33 U.S.C. 2609(a)............................... Shore Protection; General...................
40,000 33 U.S.C. 2609(b)............................... Shore Protection; Operating Without Permit..
15,000 33 U.S.C. 2716a(a).............................. Oil Pollution Liability and Compensation....
40,000 42 U.S.C. 9609(a)............................... Hazardous Substances, Releases, Liability,
35,000
Compensation (Class I). 42 U.S.C. 9609(b)............................... Hazardous Substances, Releases, Liability,
35,000
Compensation (Class II). 42 U.S.C. 9609(b)............................... Hazardous Substances, Releases, Liability,
100,000
Compensation (Class II subsequent offense). 42 U.S.C. 9609(c)............................... Hazardous Substances, Releases, Liability,
35,000
Compensation (Judicial Assessment). 42 U.S.C. 9609(c)............................... Hazardous Substances, Releases, Liability,
100,000
Compensation (Judicial Assessment subsequent offense). 46 U.S.C. App 1505(a)(2)........................ Safe Containers for International Cargo.....
8,000 46 U.S.C. App 1712(a)........................... International Ocean Commerce Transportation-
6,000
Common Carrier Agreements per violation. 46 U.S.C. App 1712(a)........................... International Ocean Commerce Transportation-
30,000
Common Carrier Agreements per violation--
Willfull violation. 46 U.S.C. App 1712(b)........................... International Ocean Commerce Transportation-
60,000
Common Carrier Agreements-Fine for tariff violation (per shipment). 46 U.S.C. App 1805(c)(2)........................ Suspension of Passenger Service.............
70,000 46 U.S.C. 2110(e)............................... Vessel Inspection or Examination Fees.......
8,000 46 U.S.C. 2115.................................. Alcohol and Dangerous Drug Testing..........
7,000 46 U.S.C. 2302(a)............................... Negligent Operations: Recreational Vessels..
6,000 46 U.S.C. 2302(a)............................... Negligent Operations: Other Vessels.........
30,000 46 U.S.C. 2302(c)(1)............................ Operating a Vessel While Under the Influence
7,000 of Alcohol or a Dangerous Drug. 46 U.S.C. 2306(a)(4)............................ Vessel Reporting Requirements: Owner,
8,000
Charterer, Managing Operator, or Agent. 46 U.S.C. 2306(b)(2)............................ Vessel Reporting Requirements: Master.......
1,100 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 Inspection; General..................
8,000 46 U.S.C. 3318(g)............................... Vessel Inspection; Nautical School Vessel...
8,000 46 U.S.C. 3318(h)............................... Vessel Inspection; Failure to Give Notice
1,100
IAW 3304(b).
Page 36280
46 U.S.C. 3318(i)............................... Vessel Inspection; Failure to Give Notice
1,100
IAW 3309(c). 46 U.S.C. 3318(j)(1)............................ Vessel Inspection; Vessel >= 1600 Gross Tons
15,000 46 U.S.C. 3318(j)(1)............................ Vessel Inspection; Vessel
