Rule2025-20727
Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2025
Effective
November 24, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
This final rule makes non-substantive, technical, organizational, and conforming amendments to existing Coast Guard regulations. This represents a continuation of our practice of periodically issuing rules to keep our regulations up-to-date and accurate. This final rule is deregulatory in nature due to the discontinuation of the Information Collection Request (ICR), Office of Management and Budget (OMB) Control Number 1625-0068. In all other respects, this final rule will have no substantive impact on the regulated public.
Full Text
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<title>Federal Register, Volume 90 Issue 224 (Monday, November 24, 2025)</title>
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[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Rules and Regulations]
[Pages 52867-52882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20727]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 1, 26, 62, 66, 67, 95, 97, 100, 107, 114, 115, 116,
117, 118, 133, 151, 155, 159, 164, 165, and 174
46 CFR Parts 2, 3, 4, 7, 11, 15, 24, 26, 58, 62, 68, 90, 108, 110,
118, 125, 126, 131, 132, 133, 147, 169, 177, 181, 182, and 188
[Docket No. USCG-2024-1103]
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 represents a continuation of our practice of
periodically issuing rules to keep our regulations up-to-date and
accurate. This final rule is deregulatory in nature due to the
discontinuation of the Information Collection Request (ICR), Office of
Management and Budget (OMB) Control Number 1625-0068. In all other
respects, this final rule will have no substantive impact on the
regulated public.
DATES: This final rule is effective November 24, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, type USCG-2024-1103
in the search box and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Dale Murad, Office of Regulations and Administrative
Law, U.S. Coast Guard; telephone 571-607-4608, email
<a href="/cdn-cgi/l/email-protection#3a7e5b565f14774f485b5e7a4f49595d14575356"><span class="__cf_email__" data-cfemail="1652777a73385b636477725663657571387b7f7a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
A. Authority Citation Updates
B. Formatting Amendments To Accompany Technical Amendments in
This Document
C. Technical Amendments to Title 33 of the CFR
D. Technical Amendments to Title 46 of the CFR
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards and Incorporation by Reference
M. Environment
N. Congressional Review Act
I. Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DDH Document Drafting Handbook
DHS Department of Homeland Security
EPA Environmental Protection Agency
FR Federal Register
GPO Government Publishing Office
IBR Incorporation by Reference
ICR Information Collection Request
MHz megahertz
NDAA 2023 James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023, Public Law 117-263
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
Sec. Section
[[Page 52868]]
U.S.C. United States Code
II. Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this final
rule is exempt from notice and public comment rulemaking requirements
because the changes made in this rulemaking involve rules of agency
organization, procedure, or practice. In addition, the Coast Guard
finds that notice and comment procedures are unnecessary under 5 U.S.C.
553(b)(B), as this final rule consists of only technical and editorial
corrections, and these changes will have no substantive effect on the
public.\1\ Finally, under 5 U.S.C. 553(d)(3), the Coast Guard finds,
for the same reasons, that good cause also exists for making this final
rule effective upon publication in the Federal Register.
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\1\ As explained below, notice and comment procedures are also
unnecessary regarding the removal of 33 CFR part 133 because its
removal flows directly from legislative changes made by the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023,
Public Law 117-263 (NDAA 2023), and leaves no room for the exercise
of discretion by the Coast Guard.
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III. Basis and Purpose
The purpose of this final rule, which becomes effective on November
24, 2025, is to make technical and editorial corrections throughout 33
CFR chapter I and 46 CFR chapter I. These changes are necessary to
update authority citations, correct errors, update contact information,
and make other non-substantive amendments that improve the clarity of
the CFR. This rule does not create or change any substantive
requirements.
The legal basis for this final rule rests on the authorities of 5
U.S.C. 552(a) and 553; 14 U.S.C. 102 and 503; Department of Homeland
Security (DHS) Delegation No. 00170.1, Revision No. 01.4; and on
authorities listed at the end of this rule for each CFR part this rule
amends.
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 are intended to provide the public
with more accurate and current regulatory information than exist in the
rules they amend without changing the effect of any Coast Guard
regulations on the public.
A. Authority Citation Updates
This final rule implements updates to DHS Delegation No. 00170.1,
Revision No. 01.4 in 33 CFR parts 1, 26, 62, 66, 67, 95, 97, 107, 114,
115, 117, 118, 133, 151, 155, 159, 164, and 165, and 46 CFR parts 3, 4,
7, 11, 24, 26, 58, 62, 68, 90, 110, 125, 126, 131, 177, 182, and 188.
B. Formatting Amendments To Accompany Technical Amendments in This
Document
While making the technical amendments within this document, we
identified cases where the text of the existing CFR does not meet
current formatting standards and made stylistic changes to bring the
affected portions of the CFR into compliance. Our formatting amendments
reflect direction in three sources prescribing stylistic standards for
Federal documents--the Document Drafting Handbook (DDH),\2\ the
Government Publishing Office (GPO) Style Manual, and Executive Order
12866, 58 FR 51735 (Oct. 4, 1993), which directs Federal agencies to
provide information to the public in plain, understandable language.
The DDH provides guidance on how to follow the formatting and editorial
requirements established in 44 U.S.C. chapter 15 (the Federal Register
Act) and 1 CFR chapter I.\3\ On page 2-55, the DDH refers readers to
the GPO Style Manual as a guide for punctuation, capitalization,
spelling, compounding, and other style matters not addressed in the
DDH.
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\2\ The DDH is published by the Office of the Federal Register.
We consulted the August 2018 edition (Revision 2.2, dated June
2025).
\3\ See the Introduction to the DDH, at <a href="http://www.archives.gov/files/federal-register/write/handbook/ddh.pdf">www.archives.gov/files/federal-register/write/handbook/ddh.pdf</a>.
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Two stylistic changes occur repeatedly in this document. In cases
where this final rule updates a mailing address that includes an
abbreviation of a geographic quadrant, we have removed any periods from
the abbreviation. This reflects Rule 9.17 in the GPO Style Manual,\4\
which states ``in addresses, no period is used with the abbreviations
NW, SW, NE, SE (indicating sectional divisions of cities) following
name or number.'' This final rule further replaces all instances of
``shall'' in regulatory text otherwise amended by this rule with
``must.'' We do so to follow a recommendation in the Federal plain
language guidelines, posted on <a href="http://plainlanguage.gov">plainlanguage.gov</a>, that the word
``shall'' should usually be replaced with the clearer and more commonly
used ``must.''
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\4\ The GPO Style Manual is available at <a href="http://www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf">www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf</a> (Last
accessed 3-12-25).
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C. Technical Amendments to 33 CFR
In Sec. 1.07-100(a)(1), this final rule removes references to
paragraph numbers in 46 U.S.C. 2101 because the paragraphs in that
section of the U.S. Code have been renumbered, and the referenced
paragraph numbers for the definitions of fishing vessel, fish
processing vessel, and fish tender vessel are incorrect. We are not
replacing the paragraph number references, as these definitions are
listed in alphabetical order in the referenced statute, and cross-
referencing to a paragraph number is unnecessary. In addition, Congress
updates 46 U.S.C. 2101 fairly frequently, and if we were to replace the
paragraph numbers, they would likely be rendered incorrect the next
time Congress updates the section.
In Sec. 26.03(b), this final rule replaces the term ``Mega-Hertz''
with ``megahertz (MHz),'' to use GPO's preferred formatting and to help
readers understand the use of the abbreviation elsewhere in the
section.
In Sec. 62.1, this final rule removes paragraph (b)(2), which
references 33 CFR subpart 66.10 (which is deleted elsewhere in this
rule), and redesignates Sec. 62.1(b)(1) as Sec. 62.1(b), as there are
no longer any subordinate paragraphs under paragraph (b).
In Sec. 62.21(c)(2), this final rule corrects internet addresses
and a spelling error.
In Sec. 62.47(a)(2), this final rule removes a reference to fog
detector technology that is no longer in use and provides information
on the technology that has replaced it.
In Sec. 62.63(b)(2), this final rule replaces a reference to
``loran,'' a radio navigation system no longer in use, with
``electronic charting systems.''
In Sec. 66.01-5, this final rule corrects an internet address in
the introductory text.
This final rule removes 33 CFR part 66 subpart 66.10. On June 19,
1998 (63 FR 33570), the Coast Guard, exercising authorities in 14
U.S.C. 83 (now 14 U.S.C. 542) and 33 U.S.C. 1333, announced a merger of
the Uniform State Waterway Marking System with the United States Aids
to Navigation System, to be phased in over a five-year period. As
provided in a sunset provision (33 CFR 66.10-1(b)) that is removed by
this rule, the regulations in the subpart ceased to be in effect after
the phase-in period ended in 2003, when aids to navigation which had
been governed by subpart 66.10, would be governed by part 62 of
subchapter C of title 33.
In Sec. Sec. 67.05-20 and 67.30-5(d), this final rule makes
stylistic and grammatical corrections, changing ``Provided, That'' in
both paragraphs to ``provided that.''
[[Page 52869]]
In Sec. 67.40-1(a), this final rule replaces an outdated
notification method (telegram) with newer methods (electronic mail and
telephone) and, in paragraph (b), removes a reference to telegrams.
Western Union stopped providing telegram service in 2006.\5\
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\5\ See Mike Musgrove, ``The Telegram, 1844-2006,'' Washington
Post (Feb 3, 2006).
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In Sec. 67.40-1(b), this rule replaces the word ``telegraph'' with
the word ``notification,'' consistent with the change made in Sec.
67.40-1(a).
In Sec. 67.50-25, this final rule updates the name of the district
in the section heading and in paragraph (e) to reflect that on July 3,
2025, the Coast Guard announced the renaming of its districts in an all
Coast Guard Message (ALCOAST), ALCOAST 305/25 ``Force Design 2028--
Renaming Coast Guard Districts.'' In paragraph (e), this final rule
also updates a street address, and an internal office routing symbol.
In Sec. 95.010, this final rule removes from the definition of
recreational vessel a reference to a paragraph in 46 U.S.C. 2101
because the paragraphs in that section have been renumbered, as noted
in our discussion of Sec. 1.07-100(a)(1). We are also adding the
phrase ``of that term'' to clarify that the word ``definition'' refers
to the definition of recreational vessel contained in 46 U.S.C. 2101.
In Sec. 97.110(a), this final rule updates the name of the point
of contact and substitutes the current contact's email address and
phone number for the public to submit requests to view material
incorporated by reference (IBR) in part 97.
In Sec. 100.30, this final rule identifies the Captain of the Port
(COTP) as the approval authority, except for those applications that
are managed by the State. This change is consistent with 33 CFR
100.35(a), which already acknowledges that COTPs can ``approv[e] plans
for the holding of a regatta or marine parade within his or her . . .
zone.''
In Sec. 107.210(b), this final rule removes the reference to the
paragraph number in 46 U.S.C. 2101 defining public vessel because the
paragraphs in that section have been renumbered for the reasons
provided in our discussion of Sec. 1.07-100(a)(1). We are also
removing the reference to a definition of foreign vessel in 46 U.S.C.
2101 as that definition has been removed from the section entirely. We
are replacing it with a reference to the definition of foreign vessel
in 46 U.S.C. 110, added by Public Law 109-304, Sec. 4, Oct. 6, 2006,
120 Stat. 1487. Finally, we are adding a reference to the definition of
vessel of the United States at 46 U.S.C. 116. Congress also added that
definition in Public Law 109-304.
In Sec. 114.50, this final rule adds an email address as an
additional means for the public to submit appeals for the denial of
bridge permits.
In Sec. 115.50(a), this final rule adds language to require
applicants for authorization to construct a bridge across navigable
waters of the United States to include their email addresses in their
applications. It also adds language advising applicants to refer to
Commandant Publication (COMDTPUB) 16591, Bridge Permit Application
Guide, for guidance on completing the application.
In Sec. 115.60(a), this final rule removes the last three lines of
that paragraph, which relate to procedures for compliance (in
connection with the Coast Guard's issuance of a bridge permit) with
water quality certification requirements under section 401 of the Clean
Water Act, 33 U.S.C. 1341. The language removed from Sec. 115.60(a)
fulfilled requirements previously contained in an Environmental
Protection Agency (EPA) regulation, 40 CFR 121.6(b), that Federal
agencies provide the certifying authority notification of (a) the date
it received a copy of the applicant's certification request to the
certifying authority, (b) the ``applicable reasonable period of time to
act on the certification request,'' and (c) ``the date upon which
waiver will occur if the certifying authority fails or refuses to act
on the certification request.'' See the version of 40 CFR 121.6 in
effect on September 11, 2020. Also see the preamble of ``Clean Water
Act Section 401 Water Quality Certification Improvement Rule,'' 88 FR
66558, 66582 (Sept. 27, 2023), where EPA stated ``the Agency [EPA] is
removing the regulatory text located at Sec. 121.6(b) in the 2020
Rule, which required the Federal agency to communicate the date of
receipt of the request for [water quality] certification, the
reasonable period of time [to act on the request for certification],
and the date waiver [of certification] will occur.'' The 2023 EPA rule
which replaced the 2020 version of Sec. 121.6 renders the removed text
of the EPA rule obsolete, as the 2023 rule sets the date from which the
reasonable period of time begins for certification to occur, and
provides that the reasonable period of time to act on a certification
request is six months, unless the Federal agency and the certifying
authority agree in writing to some other period that does not exceed
one year.
In Sec. 116.55(a), this final rule changes the word
``recommendation'' to ``decision'' to describe a matter subject to
appeal, to conform with the language used elsewhere in the section. We
note here that a matter would not need to be appealed if it were merely
a recommendation.
In Sec. 116.55(b), this final rule adds email as a means of
submitting an appeal under paragraph (a) of this section.
In Sec. Sec. 117.255(a)(3)(i) and (a)(5)(i), this final rule
updates a contact phone number.
In Sec. 117.593(b)(2), this final rule adds language to clarify
how the operation lights at the Chelsea Street Bridge work, to better
reflect what a mariner sees at this location.
In Sec. 117.997(c)(2)(i), this final rule adds the term
``vessels'' after the term ``recreational'' to clarify that the phrase
``that do not qualify under section'' applies only to commercial
vessels. We also correct an incorrect reference to paragraph (d)(2)(ii)
so that Sec. 117.997(c)(2)(i) refers to paragraph (c)(2)(ii), as
paragraph (d) pertains to a different bridge, and paragraph (d)(2)(ii)
does not exist.
In Sec. 117.997(c)(2)(ii), this final rule corrects a
typographical error by adding a space between ``at'' and ``7.''
In Sec. Sec. 117.1087(a), 117.1087(a)(3), and 117.1087(a)(4), this
final rule amends those sections to reflect changes in bridge names
made by the bridge owner. The names of these bridges have already been
corrected in Coast Pilot 6 (page 419),\6\ and are being used in general
messaging between the Coast Guard and the bridge owner, including
messaging regarding deviations.
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\6\ <a href="http://nauticalcharts.noaa.gov/publications/coast-pilot/files/cp6/CPB6_WEB.pdf">nauticalcharts.noaa.gov/publications/coast-pilot/files/cp6/CPB6_WEB.pdf</a> (Last accessed 3-12-25).
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In Sec. 118.3(b), this final rule adds an email address for the
public to submit requests to view material incorporated by reference
(IBR) in part 118.
This final rule removes 33 CFR part 133, which is now obsolete.
Prior to December 23, 2022, when the NDAA 2023, became law, 33 U.S.C.
2712(d) and (e) authorized and required the President to obligate
appropriations into the Oil Spill Liability Trust Fund for removal
actions undertaken by the States, in a procedure (commonly known as
``State access'') that was implemented in 33 CFR part 133. Section
11314 of the NDAA 2023 removed those provisions in old 33 U.S.C.
2712(d) and (e) and substituted the language which is now in current
section 2712(d), for those provisions. That language authorizes States
to use cost-reimbursable agreements and withdraws the Coast Guard's
authority to administer the State access program.
[[Page 52870]]
With the removal of 33 CFR part 133, the Coast Guard will
discontinue the Information Collection Request (ICR), Office of
Management and Budget (OMB) Control Number 1625-0068. Accordingly, this
technical amendment is considered deregulatory under Executive Order
14192 (Unleashing Prosperity Through Deregulation) due to the
elimination of a paperwork requirement. In addition, there is the
triennial savings to the Federal Government (for example, Coast Guard,
DHS and OMB) of not conducting a periodic renewal of the ICR, OMB
Control Number 1625-0068. We consider this a non-quantifiable benefit.
In Sec. 151.51(a)(1), this final rule removes incorrect citations
to paragraphs referring to the definitions of recreational vessels and
uninspected vessels in 46 U.S.C. 2101. This information is incorrect as
the paragraphs in 46 U.S.C. 2101 have been renumbered, as explained in
our discussion of Sec. 1.07-100(a)(1).
In Sec. Sec. 155.4025, 155.4030(b), and 155.4040(c), this final
rule replaces the term ``assessment of structural stability'' with
``assessment of structure and stability.'' The term ``assessment of
structural stability'' implies one distinct action but, as the Coast
Guard stated in a response to comments on its 2008 final rule, Salvage
and Marine Firefighting Requirements; Vessel Response Plans for Oil,
``these are two distinct types of assessments that will be going on at
the same time.'' \7\ We stated in the same paragraph of the 2008 rule
that we agreed, in part, with the points made in the response to
comments and added a sentence to the proposed definition (at 67 FR
31868, 31874 (May 10, 2002)), but did not clarify that the term
referred to two distinct actions. The change we are making in this
final rule will clarify the two distinct actions required--the
assessment of vessel stability and the assessment of structural
integrity.
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\7\ 73 FR 80618, 80631 (Dec. 31, 2008).
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In Sec. Sec. 155.5015(a)(3), 155.5020, and 159.305, this final
rule removes references to paragraph numbers in 46 U.S.C. 2101 as the
paragraphs have been renumbered, as explained in our discussion of
Sec. 1.07-100(a)(1). In Sec. Sec. 155.5015(a)(3) and 159.305, we are
not replacing the paragraph numbers referring to the definitions of
navigable waters of the United States and cruise vessel, respectively.
In Sec. 155.5020, however, we are replacing the paragraph number
referring to the definition of navigable waters of the United States,
now cited in Sec. 155.5020, with ``(23)'' because that regulation
refers to the waters identified in 46 U.S.C. 2101(23) only as a subset
of an alternative definition of that term, and not as the definition of
navigable waters of the United States, which is used in Sec. 155.5020.
In Sec. 164.01(b)(2), this final rule corrects an erroneous
reference to the regulation containing the definition for assistance
towing. 46 CFR 10.103, which the rule referenced prior to this change,
is an IBR section; 46 CFR 10.107, which the rule references after the
change, is the proper location of the definition.
In Sec. Sec. 164.39(b), 165.123(b), 165.169(a), and 165.500(a)(4),
this final rule removes references to paragraph numbers for the
definitions of tanker, tank vessel, and passenger vessel in 46 U.S.C.
2101 for the reasons provided in our discussion of Sec. 1.07-
100(a)(1).
In Sec. 165.911(b)(2), this final rule updates contact information
for the public to request permission to transit security zones in the
Captain of the Port Eastern Great Lakes Zone.
In Sec. 165.923(a)(2)(ii)(C), this final rule removes a reference
to a paragraph number for the definition of commercial service in 46
U.S.C. 2101 for the reasons provided in our discussion of Sec. 1.07-
100(a)(1) pertaining to the renumbering of paragraphs.
In Sec. 165.1141(d)(2), this final rule updates contact
information for the public to request permission to transit through the
San Clemente Safety Zone.
In Sec. 165.1157(a), this final rule adds degree, minute, and
second symbols to the latitude and longitude coordinates for the Santa
Barbara Breakwater Light.
In Sec. 165.1711(c)(6), this final rule removes a reference to an
incorrect paragraph number in 46 U.S.C. 2101 for the reasons provided
in our discussion of Sec. 1.07-100(a)(1). In addition, the adjective
``commercial'' has been removed before the phrase ``fishing vessels,''
as the definition of fishing vessel in Sec. 2101 is ``a vessel that
commercially engages in the catching, taking, or harvesting of fish or
an activity that can reasonably be expected to result in the catching,
taking, or harvesting of fish.'' (Emphasis added.)
This final rule removes Sec. Sec. 174.17(c) and 174.19(c), which
are obsolete paragraphs governing the issuance of certificates of
number to vessels between April 27, 2012, and January 1, 2017. The
appendix referenced in these sections has already been removed.
D. Technical Amendments to 46 CFR
In Sec. 2.01-7, footnote 7, this final rule removes references to
paragraphs in 46 U.S.C. 2101 defining passenger and passenger(s)-for-
hire, as the paragraphs have been renumbered. For more detail, see our
explanation of the change to 33 CFR 1.07-100(a)(1).
In Sec. 3.01-1, this final rule removes a reference to a paragraph
number in 46 U.S.C. 2101 defining oceanographic research vessel because
the paragraphs in that section of the U.S. Code have been renumbered.
For more detail, see our explanation of the change to 33 CFR 1.07-
100(a)(1).
In Sec. Sec. 4.03-50 and 7.1, this final rule removes a reference
to a paragraph number in 46 U.S.C. 2101 for the definitions of
recreational vessel, seagoing barges and seagoing motor vessels because
the paragraphs in that section of the U.S. Code have been renumbered.
For more detail, see our explanation of the change to 33 CFR 1.07-
100(a)(1).
In Sec. 11.301, this final rule removes the reference to
paragraphs 11(a) and 11(c) in 46 U.S.C. 2101 for the definitions of
fishing vessel and fish-tender vessel because the paragraphs in section
2101 have been renumbered, and the referenced paragraph numbers are no
longer correct. We are not replacing the paragraph numbers, as
definitions in section 2101 are listed in alphabetical order, and
cross-referencing to a paragraph number is unnecessary for these
definitions. We are retaining a reference to the subordinate paragraph
associated with the definition of uninspected passenger vessels,
however, because that subordinate paragraph designation remains
unchanged and subordinate paragraphs (A) and (B) contain separate
definitions.
In Sec. Sec. 11.491(a) and 11.551, this final rule removes a
reference to a U.S. Code paragraph in 46 U.S.C. 2101 for the definition
of offshore supply vessel, as the paragraph has been renumbered. For
more detail, see our explanation of the change to 33 CFR 1.07-
100(a)(1).
In Sec. 15.105, this final rule removes the reference to
paragraphs 12 and 14 in 46 U.S.C. 2101 because the paragraphs in
section 2101 have been renumbered and the referenced paragraph numbers
are no longer correct. We are not replacing the paragraph numbers, as
definitions in section 2101 are listed in alphabetical order, and
cross-referencing to a paragraph number is unnecessary for the
definitions of fishing vessel and fish-tender vessel. We are retaining
a reference to the subordinate paragraph associated with the definition
of uninspected passenger vessels, however, because that subordinate
paragraph designation remains unchanged and subordinate paragraphs (A)
and (B) contain separate definitions.
In Sec. 15.403(e), this final rule removes the reference to
paragraphs for the
[[Page 52871]]
definitions of fishing vessels and fish-tender vessels in 46 U.S.C.
2101 because the paragraphs in section 2101 have been renumbered, and
the referenced paragraph number is no longer correct. We are not
replacing the paragraph numbers, as definitions in section 2101 are
listed in alphabetical order, and cross-referencing to a paragraph
number is unnecessary. We are retaining a reference to the subordinate
paragraph associated with the definition of uninspected passenger
vessels, however, because that subordinate paragraph designation
remains unchanged and subordinate paragraphs (A) and (B) contain
separate definitions.
In Sec. Sec. 15.720(b) this final rule removes references to
paragraphs in the definitions of offshore supply vessel and mobile
offshore drilling unit in 46 U.S.C. 2101, as the paragraphs in section
2101 have been renumbered. For more detail, see our explanation of the
change to 33 CFR 1.07-100(a)(1).
In Sec. 15.1101(a), this final rule removes the reference to
paragraphs 11(a) and 11(c) in 46 U.S.C. 2101 because the paragraphs in
section 2101 have been renumbered and the referenced paragraph numbers
for the definitions of fishing vessel and fish-tender vessel are no
longer correct. For the reasons provided in our discussion of 33 CFR
1.07-100(a)(1), we are not replacing the paragraph numbers. We are
retaining a reference to the subordinate paragraphs associated with the
definition of uninspected passenger vessels, however, because the
subordinate paragraphs contain separate definitions.
In Sec. 24.10-1, this final rule changes a reference in the
definition of motorboat from table 24.05-1(a) in Sec. 24.05-1 to table
2.01-7(a) in 46 CFR 2.01-7(a). In 2014, the Coast Guard issued a rule
which removed table 24.05-1(a) from the CFR on the grounds that the
table unnecessarily duplicated table 2.01-7(a).\8\ However, due to a
drafting error, the rule did not update this cross-reference, and we
correct that here.
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\8\ 79 FR 58270, 58272 (Sept. 29, 2014)
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In Sec. Sec. 26.15-1(a) and 58.25-5(a), this final rule removes
references to the U.S. Code paragraphs in 46 U.S.C. 2101 defining
uninspected vessel, tanker, and tank vessel, as the paragraphs in
section 2101 have been renumbered. For more detail, see our explanation
of the change to 33 CFR 1.07-100(a)(1).
In Sec. 62.50-30(k)(3), this final rule corrects a cross-
reference. Section 62.50-30(k)(3) incorrectly references paragraph (f)
of Sec. 111.70-3 because the reference to that paragraph was not
changed when the Coast Guard updated Sec. 111.70-3 in 1996 to
eliminate obsolete requirements. This amendment corrects that oversight
by changing the reference to paragraph (b) of Sec. 111.70-3, which now
contains the material that had been in paragraph (f) of the 1995
version of Sec. 111.70-3.\9\
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\9\ In 1995, 46 CFR 111.70-3 contained paragraphs (a) to (k).
Paragraph (f) was titled ``Low voltage release.'' On February 2,
1996 (at 61 FR 4137), the Coast Guard proposed to revise 46 CFR
subpart 111.70, stating ``the revision will eliminate obsolete
requirements.'' Section 111.70-3 was revised in the interim final
rule on June 4, 1996 (see 61 FR 28281 at <a href="http://www.govinfo.gov/content/pkg/FR-1996-06-04/pdf/96-13416.pdf">www.govinfo.gov/content/pkg/FR-1996-06-04/pdf/96-13416.pdf</a>). The revision contains
paragraphs (a) to (d). Paragraph (b), titled ``Low-voltage
release,'' now contains the material which had been in paragraph (f)
of the 1995 version of Sec. 111.70-3.
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In Sec. 68.55, this final rule removes a reference to the U.S.
Code paragraph in 46 U.S.C. 2101 defining oil, as the paragraphs in
section 2101 have been renumbered. For more detail, see our explanation
of the change to 33 CFR 1.07-100(a)(1).
In Sec. 90.10-23, this final rule changes a reference in the
definition of motorboat from a table which has been removed (table
90.05-1(a)) to a table with the same information in it (table 2.01-
7(a)). This should have been done in a rulemaking published on
September 29, 2014, which stated at 79 FR 58270, 58272:
``This rule amends the following sections to remove repetitive
tables: 46 CFR 24.05-1(a) . . ., 90.05-1(a) . . . . The repetitive
tables are duplications of information contained in table 2.01-7(A)
[sic], and therefore we replace the tables with a reference back to
the complete, original table published as table 2.01-7(A) [sic] in
46 CFR 2.01-7(a).''
In Sec. 108.151(b), this final rule corrects a grammatical error
by adding the word ``of.''
In Sec. 110.01-3(c), this final rule removes a reference to the
U.S. Code paragraph (14a) in 46 U.S.C. 2101 defining conversion, as the
paragraphs in section 2101 have been renumbered. For more detail, see
our explanation of the change to 33 CFR 1.07-100(a)(1). In addition,
the word ``Major'' has been added before ``conversions'' because the
current definition given in section 2101, and the definition given in
the 1997 version of section 2101 (which contained paragraph 14a), was
for ``major conversions.''
In Sec. 118.400(f),\10\ this final rule corrects a reference to
``paragraph (f) of this section'' to refer instead to paragraph (g). We
redesignated Sec. 118.400(f) as Sec. 118.400(g) in 86 FR 73171
(December 27, 2021), but failed to make a conforming change to the
reference at that time.
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\10\ Subpart D of Part 118 is titled ``Fixed Fire Extinguishing
and Detecting Systems.'' Section 118.400 is titled ``Where
required.''
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In Sec. 125.180(b)(4), this final rule corrects citations to
sections in 46 CFR subchapter L, which incorporate by reference the
American Bureau for Shipping's Rules for Building and Classing Mobile
Offshore Drilling Units. It does not change the meaning of the
regulations.
In Sec. 126.180, this final rule removes a reference to the higher
level paragraph in 46 U.S.C. 2101, as the number of the paragraph in
that U.S. Code section containing the definition of passenger has
changed. Because Sec. 126.180 refers the reader to a specific
subordinate paragraph of the definition of ``passenger,'' we are
revising the reference, ``46 U.S.C. 2101(21)(B)'' rather than deleting
everything after ``2101.'' Our revision refers the reader to
subordinate paragraph (B) of the paragraph containing the definition of
passenger in 46 U.S.C. 2101. That paragraph applies specifically to a
passenger on an offshore supply vessel.
In Sec. 131.540(a), this final rule corrects the misspelling of
the word ``each.''
In Sec. 132.130(a), this final rule corrects the misspelling of
the word ``fire.''
In Sec. 133.130(b)(4)(i), this final rule corrects an editorial
error by deleting the redundant words ``and list'' from the phrase
``Within the limits of trim and list and list specified . . . .''
In Sec. 147.65(b)(1), this final rule removes the words ``of
pressure'' from the sentence ``If cylinder weight or liquid level,
adjusted for temperature, shows a 5 percent loss of pressure, the
cylinder must be refilled.'' A loss of cylinder weight or liquid level,
adjusted for temperature, is distinct from a loss of pressure, so the
earlier language was illogical.
In Sec. 169.101, this final rule deletes a reference to a U.S.
Code paragraph defining sailing school vessel because the paragraphs in
46 U.S.C. 2101 have been renumbered, and the paragraph cited is no
longer the correct one. For more detail, see our explanation of the
change to 33 CFR 1.07-100(a)(1).
In Sec. 177.410(b), this final rule removes the words ``meet as''
from the phrase ``. . . and meet as accepted by the Commandant as
meeting . . .'' as both redundant and ungrammatical.
In Sec. 181.115(b), this final rule, applicable to 46 CFR
subchapters T and K, removes implementation deadlines that have passed
and are no longer relevant. This final rule also corrects an error in
Sec. 181.115 resulting from a previous rulemaking, published at 81 FR
48220 (July 22, 2016). That 2016 rulemaking split an earlier version of
Sec. 181.400 into two sections to separate
[[Page 52872]]
the identification of spaces required to have fixed fire extinguishing
systems from the identification of spaces required to have fire
detection systems. The portion of Sec. 181.400 dealing with fire
extinguishing systems remained in Sec. 181.400, and the portion
relating to fire detection systems was moved to Sec. 181.405. Section
181.115, which had referred only to Sec. 181.400, was not changed in
the 2016 rulemaking. This final rule corrects Sec. 118.115 by adding a
reference to Sec. 181.405 to reflect that the identification of spaces
required to have fire detection systems is now set out in that section.
This final rule splits 46 CFR 181.300(d) into two separate
paragraphs and redesignates what had been paragraph (e) as paragraph
(f). The first sentence of paragraph (d), ``A fire pump may be driven
by a propulsion engine,'' remains in paragraph (d). The second
sentence, ``A fire pump must be permanently connected to the fire main
and may be connected to the bilge system to meet the requirements of
Sec. 182.520 of this chapter,'' is now paragraph (e). Having both
requirements in one paragraph has caused confusion because people have
incorrectly inferred that the second sentence is only applicable if the
first sentence is true. Regardless of whether the fire pump is driven
by a propulsion engine, however, the pump must be permanently attached
to the vessel. A separate, portable pump does not meet the requirements
set out in 46 CFR subpart D.
This final rule adds paragraphs (c), (d), and (e) to Sec. 181.400.
The language added here pertains to fire suppression system
requirements and is being moved from the section addressing fire
detection systems in 46 CFR 181.405. A 2016 rule \11\ for harmonizing
fire safety standards split requirements (previously consolidated in
Sec. 181.400) for both fire suppression and detection systems into
Sec. Sec. 181.400 (Fire suppression systems) and 181.405 (Fire
detection systems). The rulemaking inadvertently put some of the fire
suppression requirements into the fire detection section. Rearranging
these paragraphs will not change the requirements, but it will make the
organization of the subpart more logical and consistent with the
original intent as proposed. The original intent of the 2016 change is
explained at 79 FR 2271, in the NPRM titled ``Harmonization of
Standards for Fire Protection, Detection, and Extinguishing
Equipment,'' and published on January 13, 2014. There, we stated:
---------------------------------------------------------------------------
\11\ 81 FR 48299, 48300 (July 22, 2016)
The existing regulations at Sec. 181.400 contain the
requirements for both fire extinguishing systems and fire detection
systems on small passenger vessels regulated under 46 CFR subchapter
T. We propose to separate, for clarity, these requirements by
removing the regulations for fire detection systems in Sec.
181.400(c) through (g) and moving these regulations to proposed new
Sec. 181.405(a) through (e). Further, we propose to amend the title
of Sec. 181.400 to ``Spaces required to have fixed fire
extinguishing systems,'' in order to clarify that this section would
---------------------------------------------------------------------------
contain the requirements for fire extinguishing systems only.
In Sec. 181.405, this final rule removes fire suppression system
requirements that are currently listed in the section designated for
fire detection systems. As explained in the preceding paragraph
regarding Sec. 181.400, the 2016 rule harmonizing fire safety
standards split Sec. 181.400, which contained requirements for both
fire suppression and detection systems, into Sec. 181.400 (Fire
suppression systems) and Sec. 181.405 (Fire detection systems). The
rulemaking inadvertently left some fire suppression requirements in the
fire detection section. Rearranging these paragraphs will not change
the requirements, but it will make the organization of the subpart more
logical.
In Sec. 182.115(c) and (d), this final rule removes an
implementation deadline that has passed and is no longer relevant.
In Sec. 188.10-77, this final rule changes a reference, in the
definition of vessel, from a table (table 24.05-1(a)) which has been
removed to another table (table 2.01-7(a)) with the same information in
it. This change should have been done in a rulemaking published on
September 29, 2014, where we stated the following, at 79 FR 58270,
58272:
This final rule amends 46 CFR 24.05-1(a) to remove repetitive
tables. The repetitive tables are duplications of information
contained in table 2.01-7(A)[sic], and therefore we replace the
tables with a reference back to the complete, original table
published as table 2.01-7(A) [sic] in 46 CFR 2.01-7(a).
V. Regulatory Analyses
We developed this final rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
Executive Order 14192 (Unleashing Prosperity Through Deregulation)
directs agencies to significantly reduce the private expenditures
required to comply with Federal regulations and provides that ``any new
incremental costs associated with new regulations shall, to the extent
permitted by law, be offset by the elimination of existing costs
associated with at least 10 prior regulations.''
The Office of Management and Budget (OMB) has not designated this
final rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, this rule has not been reviewed by
OMB.
This final rule is considered an Executive Order 14192 deregulatory
action due to the elimination of a paperwork requirement. This final
rule involves non-substantive, technical amendments and internal agency
practices and procedures; it will not impose any additional costs. The
technical amendments in this final rule fit into categories that
involve (1) correcting inadvertent typographical errors in the CFR; (2)
modifying existing language in the CFR by addition or subtraction to
improve the readability or clarity of regulations; (3) removing
irrelevant information, such as expired regulatory provisions or
cancelled reference material, and replacing outdated regulatory
information with current information, where applicable; and (4)
revising office contact information and mailing addresses. This final
rule will not impose any additional costs to the public or the Federal
Government, because none of the technical and editorial changes in this
final rule will impose new regulatory requirements. A summary of these
amendments by category and by CFR title and section are presented in
table 1.
[[Page 52873]]
Table 1--Summary of Regulatory Changes by CFR Title and Section
------------------------------------------------------------------------
CFR section or Description of
CFR title part changes Economic impact
------------------------------------------------------------------------
33............. 67.05-20, 67.30- Improves the Corrects various
5(d), accuracy of typographical
117.997(c)(2)(ii regulatory errors.
), 155.4025, information by
Table correcting
155.4030(b), erroneous
Table 155 information.
4040(c),
164.01(b)(2).
46............. 108.151(b), Improves the Corrects various
131.540(a), accuracy of typographical
132.130(a), regulatory errors.
181.300(d), information by
181.405,. correcting
erroneous
information.
33............. 26.03(b), Improves the Improves
62.47(a)(2), accuracy of readability by
62.63(b)(2), regulatory removing or
67.40-1(a) information by replacing
95.010, 100.30, correcting irrelevant and
107.210(b), erroneous outdated
116.55(a), information. information.
117.593(b)(2),
117.997(c)(2)(i)
,
117.1087(a)(3),
117.1087(a)(4),
151.51(a)(1),
165.1711(c)(6).
33............. 1.07-100(a)(1), Adds clarifying Improves
62.1(b)(2), language and readability by
66.10, 67.40- removes removing or
1(b), 115.50(a), redundant, replacing
115.60(a), confusing, or irrelevant and
155.5015(a)(3), incorrect outdated
155.5020, language. information.
159.305,
164.39(b),
165.123(b),
165.169(a),
165.500(a)(4),
165.923(a)(2)(ii
)(C),
165.1141(d)(2),
165.1157(a),
174.17(c),
174.19(c).
46............. 2.01-7 footnote Adds clarifying Improves
7, 3.01-1, 4.03- language and readability by
50, 7.1, 11.301, removes removing or
11.491(a), redundant, replacing
11.551, 15.105, confusing, or irrelevant and
15.403(e), incorrect outdated
15.720(b), language. information.
15.1101(a),
24.10-1, 26.15-
1(a), 58.25-
5(a), 62.50-
30(k)(3), 68.55,
90.10-23, 110.01-
3(c),
118.400(f),
125.180(b)(4),
126.180,
133.130(b)(4)(i)
, 147.65(b)(1),
169.101,
177.410(b),
181.115(b),
181.400,
182.115(c),
182.115(d),
188.10-77.
33............. 62.21(c)(2), Updates office Improves the
66.01-5, 67.50- contact accuracy of
25(e), information or regulatory
97.110(a), mailing information
114.50, addresses. through
116.55(b), administrative
117.255(a)(3)(i) changes.
,
117.255(a)(5)(i)
, 117.1087(a),
118.3(b),
165.911(b)(2).
------------------------------------------------------------------------
Also, as discussed in the ``Discussion of the Rule'' section above,
this final rule removes 33 CFR part 133, which is now obsolete. Prior
to December 23, 2022, the date in which the NDAA 2023, became law, 33
U.S.C. 2712(d) and (e) authorized and required the President to
obligate appropriations into the Oil Spill Liability Trust Fund for
removal actions undertaken by the States, in a procedure (commonly
known as ``State access'') that was implemented in 33 CFR part 133.
Section 11314 of the NDAA 2023 removed those provisions in 33 U.S.C.
2712(d) and (e) and substituted the language, which is now in section
2712(d), for those provisions. That language authorizes States to use
cost-reimbursable agreements and withdraws the Coast Guard's authority
to administer the State access program.
The benefits of the non-substantive technical amendments are
increased accuracy of regulatory information by correcting erroneous
information, and improved readability and clarity of regulations by
removing redundant or confusing language and by removing expired or
cancelled provisions that are no longer relevant. In addition,
correcting technical items such as office contact details and location
coordinates will improve the ability to reference and contact the
correct entities.
B. Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, requires
federal agencies to consider the potential impact on small entities
when they issue a rule after being required to first publish a general
NPRM. Under 5 U.S.C. 604(a), a regulatory flexibility analysis is not
required for this final rule because, under provisions in 553(b)(B), we
were not required to publish a general NPRM. Therefore, we did not
conduct a regulatory flexibility analysis for this rule.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this final rule so that they can better
evaluate its effects on them and participate in the rulemaking. The
Coast Guard will not retaliate against small entities that question or
complain about this final rule or any policy or action of the Coast
Guard.
D. Collection of Information
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. However, with
the removal of 33 CFR part 133 the Coast Guard will discontinue the ICR
OMB Control Number 1625-0068.
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
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
[[Page 52874]]
State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Although this final rule will not result in such expenditure, we
do discuss the effects of this final rule elsewhere in this preamble.
G. Taking of Private Property
This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(Governmental Actions and Interference with Constitutionally Protected
Property Rights), which addresses governmental actions and interference
with property rights.
H. Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this final rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This final rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it will not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
K. Energy Effects
We have analyzed this final rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (for example,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This final rule does not use technical standards or incorporation
by reference. Therefore, we did not consider the use of voluntary
consensus standards.
M. Environment
We have analyzed this final rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a determination that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.
This final rule is categorically excluded under paragraph A3 and
L54 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev
1. Paragraph A3 pertains to: Promulgation of rules, issuance of rulings
or interpretations, and the development and publication of policies,
orders, directives, notices, procedures, manuals, advisory circulars,
and other guidance documents of the following nature: (a) Those of a
strictly administrative or procedural nature; (b) Those that implement,
without substantive change, statutory or regulatory requirements; (c)
Those that implement, without substantive change, procedures, manuals,
and other guidance documents; (d) Those that interpret or amend an
existing regulation without changing its environmental effect; (e)
Technical guidance on safety and security matters; or (f) Guidance for
the preparation of security plans. Paragraph L54 pertains to
``Regulations which are editorial or procedural, such as those updating
addresses or establishing application procedures.'' This final rule
makes non-substantive technical, organizational, and conforming
amendments to existing Coast Guard regulations and also, as explained
above, implements without substantive changes, statutory requirements
made by the NDAA 2023. This final rule is a continuation of our
practice of periodically issuing rules to keep our regulations up-to-
date and accurate.
N. Congressional Review Act
Before a rule can take effect, 5 U.S.C. 801, the Congressional
Review Act, requires agencies to submit the rule and a report
indicating whether it is a major rule to Congress and the Comptroller
General. Under 5 U.S.C. 804(3)(C), rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties are not considered to be a rule for
the purposes of the Congressional Review Act. This technical amendment
is a rule of agency organization, procedure, or practice that will not
substantially affect the rights or obligations of non-agency parties,
thus it is not required to be submitted for review under the CRA.
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 62
Navigation (water).
33 CFR Part 66
Intergovernmental relations, Navigation (water), Reporting and
recordkeeping requirements.
33 CFR Part 67
Continental shelf, Navigation (water), Reporting and recordkeeping
requirements.
33 CFR Part 95
Alcohol abuse, Drug abuse, Marine safety, Penalties.
33 CFR Part 97
Cargo vessels, Incorporation by reference, Marine safety,
Navigation (water), Reporting and recordkeeping requirements.
33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 52875]]
requirements, Security measures, Waterways.
33 CFR Part 107
Harbors, Marine safety, Maritime security, Navigation (water),
Reporting and recordkeeping requirements, Security measures, Vessels,
Waterways.
33 CFR Part 114
Bridges.
33 CFR Part 115
Administrative practice and procedure, Bridges, Reporting and
recordkeeping requirements.
33 CFR Part 116
Bridges.
33 CFR Part 117
Bridges.
33 CFR Part 118
Bridges.
33 CFR Part 133
Intergovernmental relations, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 155
Alaska, Hazardous substances, Incorporation by reference, Oil
pollution, Reporting and recordkeeping requirements.
33 CFR Part 159
Alaska, Reporting and recordkeeping requirements, Sewage disposal,
Vessels.
33 CFR Part 164
Incorporation by reference, 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 174
Intergovernmental relations, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
46 CFR Part 3
Coastal zone, Oceanographic research vessels, Reporting and
recordkeeping requirements, Research.
46 CFR Part 4
Administrative practice and procedure, Drug testing,
Investigations, Marine safety, Nuclear vessels, Radiation protection,
Reporting and recordkeeping requirements, Safety, Transportation.
46 CFR Part 7
Law enforcement, Vessels.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 15
Incorporation by reference, Reporting and recordkeeping
requirements, Seamen, Vessels.
46 CFR Part 24
Marine safety.
46 CFR Part 26
Marine safety, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 58
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 62
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 68
Oil pollution, Vessels.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 108
Fire prevention, Marine safety, Occupational safety and health, Oil
and gas exploration, Vessels.
46 CFR Part 110
Incorporation by reference, Reporting and recordkeeping
requirements, Vessels.
46 CFR Part 118
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 125
Administrative practice and procedure, Cargo vessels, Hazardous
materials transportation, Incorporation by reference, Marine safety,
Seamen.
46 CFR Part 126
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 131
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements.
46 CFR Part 132
Cargo vessels, Fire prevention, Marine safety, Reporting and
recordkeeping requirements.
46 CFR Part 133
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 147
Hazardous materials transportation, Incorporation by reference,
Labeling, Marine resources, Marine safety, Packaging and containers,
Reporting and recordkeeping requirements.
46 CFR Part 169
Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Schools, Vessels.
46 CFR Part 177
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 181
Fire prevention, Marine safety, Passenger vessels, Reporting and
recordkeeping requirements.
46 CFR Part 182
Marine safety, Passenger vessels.
46 CFR Part 188
Marine safety, Oceanographic research vessels.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 1, 26, 62, 66, 67, 95, 97, 100, 107, 114, 115, 116, 117,
118, 133, 151, 155, 159, 164, 165, and 174 and 46 CFR parts 2, 3, 4, 7,
11, 15, 24, 26, 58, 62, 68, 90, 108, 110, 118, 125, 126, 131, 132, 133,
147, 169, 177, 181, 182, and 188 as follows:
Title 33--Navigation and Navigable Waters
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 is revised to read as follows:
Authority: 14 U.S.C. 502, 503, 505; 33 U.S.C. 401, 491, 525,
1321, 2716, and 2716a;
[[Page 52876]]
42 U.S.C. 9615; 49 U.S.C. 322; DHS Delegation No. 00170.1, Revision
No. 01.4; 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.
Sec. 1.07-100 [Amended]
0
2. Amend Sec. 1.07-100 in paragraph (a)(1), by removing the text
``(11a), (11b), or (11c), respectively''.
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
0
3. The authority citation for part 26 is revised to read as follows:
Authority: 14 U.S.C. 102, 33 U.S.C. 1201-1208; Pub. L. 107-295,
116 Stat. 2064; DHS Delegation No. 00170.1, Revision No. 01.4. Rule
1, International Regulations for the Prevention of Collisions at
Sea.
Sec. 26.03 [Amended]
0
4. Amend Sec. 26.03 in paragraph (b), by removing the text ``Mega-
Hertz'' and adding in its place the text ``megahertz (MHz)''.
PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM
0
5. The authority citation for part 62 is revised to read as follows:
Authority: 14 U.S.C. 544; 43 U.S.C. 1333; 46 U.S.C. 70031,
70041; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 62.1 [Amended]
0
6. Amend Sec. 62.1 by removing paragraph (b)(2), and redesignate
paragraph (b)(1) as paragraph (b).
0
7. Amend Sec. 62.21 by revising paragraph (c)(2) to read as follows:
Sec. 62.21 General.
* * * * *
(c) * * *
(2) The United States Coast Pilot, published by the National Ocean
Service and available from NOAA Certified Printer Partners listed at
<a href="http://www.nauticalcharts.noaa.gov/enconline/enconline.html">www.nauticalcharts.noaa.gov/enconline/enconline.html</a>. Free on-line
versions and weekly updates supplement the information shown on
nautical charts and are available directly from NOAA at
<a href="http://distribution.charts.noaa.gov/weekly_updates/">distribution.charts.noaa.gov/weekly_updates/</a>. Subjects such as local
navigation regulations, channel and anchorage peculiarities, dangers,
climatological data, routes, and port facilities are covered.
* * * * *
0
8. Amend Sec. 62.47 by revising paragraph (a)(2) to read as follows:
Sec. 62.47 Sound signals.
(a) * * *
(2) Where no live watch is maintained, sound signals are normally
operated continuously. However, most are equipped with Mariner Radio
Activated Sound Systems (MRASS) that are activated by the mariner by
keying their VHF radio microphone five (5) times on the designated
charted frequency. Channels 81a (157.075 MHz) and channel 83a (157.175
MHz) are the two most common frequencies, but others may be designated
and charted. (Mariners may consult the appropriate U.S. Coast Guard
Light List volume or local notice to mariners for specific activation
frequencies and instructions.) Activated signals will normally operate
for 45 minutes after the signal is triggered.
* * * * *
Sec. 62.63 [Amended]
0
9. Amend Sec. 62.63 in paragraph (b)(2), by removing the word
``loran'' and adding, in its place, the words ``electronic charting
systems''.
PART 66--PRIVATE AIDS TO NAVIGATION
0
10. The authority citation for part 66 is revised to read as follows:
Authority: 14 U.S.C. 542, 543, 544; 43 U.S.C. 1333; Pub. L. 107-
296, 116 Stat. 2135; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 66.01-5 [Amended]
0
11. Amend Sec. 66.01-5 in the introductory text, by removing the text
``http://www.uscg.mil/forms/form_public_use.asp'' and adding in its
place the text ``www.dcms.uscg.mil/forms/''.
Subpart 66.10 [Removed]
0
12. Remove subpart 66.10, consisting of Sec. Sec. 66.10-1 through
66.10-35.
PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED
STRUCTURES
0
13. The authority citation for part 67 is revised to read as follows:
Authority: 14 U.S.C. 503, 544; 43 U.S.C. 1333; DHS Delegation
No. 00170.1, Revision No. 01.4.
Sec. 67.05-20 [Amended]
0
14. Amend Sec. 67.05-20 by removing the text ``: Provided, That'' and
adding, in its place, the text ``; provided that''.
Sec. 67.30-5 [Amended]
0
15. Amend Sec. 67.30-5 in paragraph (d), by removing the text ``:
Provided, That'' and adding, in its place, the text ``; provided
that''.
Sec. 67.40-1 [Amended]
0
16. Amend Sec. 67.40-1 as follows:
0
a. In paragraph (a), remove the word ``telegram'' and add in its place
the text ``electronic mail, telephone,''; and
0
b. In paragraph (b), remove the word ``telegram'' and add in its place
the word ``notification''.
0
17. Amend Sec. 67.50-25 by revising paragraph (e) to read as follows:
Sec. 67.50-25 USCG Heartland District.
* * * * *
(e) Applications. All applications for private aids to navigation
and all correspondence dealing with private aids to navigation and
obstruction lighting must be addressed to Commander (dpw), USCG
Heartland District, Hale Boggs Federal Building, 500 Poydras Street,
Suite 1324, New Orleans, Louisiana 70130-3396.
* * * * *
PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR
A DANGEROUS DRUG
0
18. The authority citation for part 95 is revised to read as follows:
Authority: 33 U.S.C. 1701, 46 U.S.C. 2302; DHS Delegation No.
00170.1, Revision No. 01.4.
0
19. Amend Sec. 95.010 by revising the definition of ``Recreational
vessel'' to read as follows:
Sec. 95.010 Definition of terms as used in this part.
* * * * *
Recreational vessel means a vessel meeting the definition of that
term in 46 U.S.C. 2101 that is then being used only for pleasure.
* * * * *
PART 97--RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND
SECURING OF CARGOES
0
20. The authority citation for part 97 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234; DHS Delegation No.
00170.1, Revision No. 01.4.
0
21. Amend Sec. 97.110 by revising paragraph (a) to read as follows:
Sec. 97.110 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection by contacting Mr. Douglas Lincoln, of the Coast
[[Page 52877]]
Guard's Vessel and Facility Operating Standards Division, Commandant
(CG-OES-2); telephone 571-613-1069, email <a href="/cdn-cgi/l/email-protection#c682a9b3a1aaa7b5e894e88aafa8a5a9aaa8f586b3b5a5a1e8abafaa"><span class="__cf_email__" data-cfemail="bdf9d2c8dad1dcce93ef93f1d4d3ded2d1d38efdc8cededa93d0d4d1">[email protected]</span></a>,
and is available from the sources listed below. It is also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email: <a href="/cdn-cgi/l/email-protection#0365712d6a6d70736660776a6c6d436d6271622d646c75"><span class="__cf_email__" data-cfemail="c8aebae6a1a6bbb8adabbca1a7a688a6a9baa9e6afa7be">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>.
* * * * *
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. 100.30 [Amended]
0
23. Amend Sec. 100.30 by removing the text ``District Commander'' and
adding, in its place, the text ``Captain of the Port''.
PART 107--NATIONAL VESSEL AND FACILITY CONTROL MEASURES AND LIMITED
ACCESS AREAS
0
24. The authority citation for part 107 is revised to read as follows:
Authority: 14 U.S.C. 701; 46 U.S.C. 70051, 70052, 70053;
Presidential Proclamation 6867, 61 FR 8843, 3 CFR, 1996 Comp., p. 8;
Presidential Proclamation 7757, 69 FR 9515 (March 1, 2004);
Secretary of Homeland Security Order 2004-001; DHS Delegation No.
00170.1, Revision No. 01.4, and 33 CFR 1.05-1.
0
25. Amend Sec. 107.210 by revising paragraph (b) to read as follows:
Sec. 107.210 Applicability.
* * * * *
* * * * *
(b) This subpart does not apply to the following: foreign vessels,
as defined by 46 U.S.C. 110; public vessels, as defined by 46 U.S.C.
2101, when they are being operated for non-commercial purposes; or to
vessels of the United States, as defined by 46 U.S.C. 116, when
entering Cuban territorial waters under force majeure.
PART 114--GENERAL
0
26. The authority citation for part 114 is revised to read as follows:
Authority: 33 U.S.C. 401, 406, 491, 494, 495, 499, 502, 511,
513, 514, 516, 517, 519, 521, 522, 523, 525, 528, 530, 533, and
535(c), (e), and (h); 14 U.S.C. 503; 49 U.S.C. 1655(g); Pub. L. 107-
296, 116 Stat. 2135; 33 CFR 1.05-1 and 1.01-60, DHS Delegation No.
00170.1, Revision No. 01.4.
Sec. 114.50 [Amended]
0
27. Amend Sec. 114.50 by removing the text ``DC 20593-7418'' and
adding, in its place, the text ``DC 20593-7418 or <a href="/cdn-cgi/l/email-protection#c880999be59b858ae58b8fe58a9a8f88bdbbabafe6a5a1a4"><span class="__cf_email__" data-cfemail="1c544d4f314f515e315f5b315e4e5b5c696f7f7b32717570">[email protected]</span></a>''.
PART 115--BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE
PROCEDURES
0
28. The authority citation for part 115 is revised to read as follows:
Authority: Mar. 3, 1899, Ch. 425, sec. 9, 30 Stat. 1151 (33
U.S.C. 401); Mar. 23, 1906, Ch. 1130, sec. 1, 34 Stat. 84 (33 U.S.C.
491); sec. 5, 28 Stat. 362, as amended (33 U.S.C. 499); sec. 11, 54
Stat. 501, as amended (33 U.S.C. 521); Aug 2, 1946, Ch. 753, title
V, sec. 502, 60 Stat. 847, as amended (33 U.S.C. 525); 86 Stat. 732
(33 U.S.C. 535); 14 U.S.C. 503.
0
29. Amend Sec. 115.50 by revising paragraph (a) to read as follows:
Sec. 115.50 Application for bridge permits.
(a) Application. An application for authorization to construct a
bridge across navigable waters of the United States must include the
name, address, telephone number, and email address of the applicant;
the waterway and location of the bridge; a citation to the applicable
act of Congress; when appropriate, a citation to the State legislation
authorizing the bridge; a map of the location and plans of the bridge
showing the features which affect navigation; papers to establish the
identity of the applicant. Additional guidance on completing the
application can be found in the Bridge Permit Application Guide,
COMDTPUB16591.series.
* * * * *
115.60 [Amended]
0
30. Amend Sec. 115.60, paragraph (a), by removing the last three
sentences.
PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES
0
31. The authority citation for part 116 continues to read as follows:
Authority: 33 U.S.C. 401, 521.
Sec. 116.55 [Amended]
0
32. Amend Sec. 116.55 as follows:
0
a. In paragraph (a), remove the text ``recommendation'', and add, in
its place, the text ``decision''; and
0
b. In paragraph (b), remove the text ``DC 20593-7318'', and add, in its
place, the text ``DC 20593-7318, or <a href="/cdn-cgi/l/email-protection#194c4a5a5e5d5a56596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="83d6d0c0c4c7c0ccc3f6f0e0e4adeeeaef">[email protected]</span></a>''.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
33. The authority citation for part 117 is revised read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.4.
Sec. 117.255 [Amended]
0
34. Amend Sec. 117.255 in paragraphs (a)(3)(i) and (a)(5)(i), by
removing the text ``(703) 836-2396'' and adding, in its place, the text
``(571) 513-3745''.
Sec. 117.593 [Amended]
0
35. Amend Sec. 117.593 in paragraph (b)(2), by removing the text ``a
range light display with one solid green light and one'' and adding, in
its place, the text ``a solid green light over a''.
0
36. Amend Sec. 117.997 by revising paragraphs (c)(2)(i) and (ii) to
read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albermarle and Chesapeake Canal.
* * * * *
(c) * * *
(2) * * *
(i) Need not open for the passage of recreational vessels, or
commercial vessels that do not qualify under paragraph (c)(2)(ii) of
this section.
(ii) Need not open for commercial cargo vessels, including tugs,
and tugs with tows, unless 2 hours advance notice has been given to the
Gilmerton Bridge at 757-485-5567.
* * * * *
Sec. 117.1087 [Amended]
0
37. Amend Sec. 117.1087 as follows:
0
a. Remove the text ``Canadian National'' wherever it appears and add in
its place the text ``Fox Valley & Lake Superior Railroad'';
0
b. Remove the text ``Main Street'' wherever it appears and add in its
place the text ``Ray Nitschke''; and
0
c. Remove the text ``Walnut Street'' wherever it appears and add in its
place the text ``Bart Starr Memorial''.
PART 118--BRIDGE LIGHTING AND OTHER SIGNALS
0
38. The authority citation for part 118 is revised to read as follows:
Authority: 33 U.S.C. 494; 14 U.S.C. 503, 544; DHS Security
Delegation No. 00170.1, Revision No. 01.4.
Sec. 118.3 [Amended]
0
39. Amend Sec. 118.3 in paragraph (b), by removing the text ``DC
20593-7418'' and adding, in its place, the text ``DC 20593-7418, or
<a href="/cdn-cgi/l/email-protection#f3bba2a0dea0beb1deb0b4deb1a1b4b386809094dd9e9a9f"><span class="__cf_email__" data-cfemail="bff7eeec92ecf2fd92fcf892fdedf8ffcaccdcd891d2d6d3">[email protected]</span></a>''.
[[Page 52878]]
PART 133 [Removed]
0
40. Remove part 133, consisting of Sec. Sec. 133.1 through 133.25.
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
41. The authority citation for part 151 is revised to read as follows:
Authority: 33 U.S.C. 1902, 1903, 1908; 46 U.S.C. 6101; 46 U.S.C.
70034; Pub. L. 104-227, 110 Stat. 3034; sec. 623, Pub. L. 108-293,
118 Stat. 1063; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351;
DHS Delegation No. 00170.1, Revision No. 01.4.
0
42. Amend Sec. 151.51 by revising paragraph (a)(1) to read as follows:
Sec. 151.51 Applicability.
(a) * * *
(1) Is of United States registry or nationality, or one operated
under the authority of the United States, including recreational
vessels defined in 46 U.S.C. 2101 and uninspected vessels defined in 46
U.S.C. 2101, wherever located; or
* * * * *
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
0
43. The authority citation for part 155 is revised to read as follows:
Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1321(j), 1903(b),
2735; 46 U.S.C. 70011; 70034; E.O. 12777, 56 FR 54757, 3 CFR, 1991
Comp., p. 351; DHS Delegation No. 00170.1, Revision No. 01.4.
Section 155.1020 also issued under section 316 of Pub. L. 114-120.
Section 155.480 also issued under section 4110(b) of Pub. L. 101-
380.
Sec. 155.4025 [Amended]
0
44. Amend Sec. 155.4025 by removing the text ``structural stability''
from the definition ``Assessment of structural stability'' and adding
in its place the text ``structure and stability''.
0
45. Amend Sec. 155.4030(b) by revising the heading of table
155.4030(b), and paragraphs (b)(1)(i)(B) and (D), to read as follows:
Sec. 155.4030 Required salvage and marine firefighting services to
list in response plans.
* * * * *
(b) * * *
Table 1 to Sec. 155.4030(b)--Salvage and Marine Firefighting Services
and Response Timeframes
Service Location of incident response
activity timeframe
------------------------------------------------------------------------
* * * * *
(1)..................................... * * * ..............
(i)..................................... * * * ..............
(B) Begin assessment of structure and 3 3
stability..............................
* * * * *
(D) Assessment of structure and 12 18
stability..............................
* * * * *
------------------------------------------------------------------------
* * * * *
0
46. Amend Sec. 155.4040(c) by revising table 155.4040(c) rows (1)(ii)
and (iv), to read as follows:
Sec. 155.4040 Response times for each salvage and marine firefighting
service.
(a) * * *
(c) * * *
Table 1 to Sec. 155.4040(c)--Response Timeframe End Points
------------------------------------------------------------------------
Service Response timeframe ends when
------------------------------------------------------------------------
* * * * *
(ii) Begin assessment of structure and A structural assessment of
stability. the vessel has been
initiated.
* * * * *
(iv) Assessment of structure and stability Initial analysis is
completed. This is a
continual process, but at
the time specified an
analysis needs to be
completed.
* * * * *
------------------------------------------------------------------------
* * * * *
Sec. 155.5015 [Amended]
0
47. Amend Sec. 155.5015 in paragraph (a)(3), by removing the text
``(17a)''.
Sec. 155.5020 [Amended]
0
48. Amend Sec. 155.5020 in the definition for ``Navigable waters of
the United States'', by removing the text ``(17a)'' and adding, in its
place, the text ``(23)''.
PART 159--MARINE SANITATION DEVICES
0
49. The authority citation for part 159 is revised to read as follows:
Authority: 33 U.S.C. 1322(b)(1); 49 CFR 1.45(b). Subpart E also
issued under authority of sec. 1(a)(4), Pub. L. 106-554, 114 Stat.
2763; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 159.305 [Amended]
0
50. Amend Sec. 159.305, in the definition for Cruise Vessel, by
removing the text ``(22)''.
PART 164--NAVIGATION SAFETY REGULATIONS
0
51. The authority citation for part 164 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3703, 70034; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277. Sec. 164.13 also issued under 46 U.S.C.
8502. Sec. 164.46 also issued under 46 U.S.C. 70114 and Sec. 102 of
Pub. L. 107-295. Sec. 164.61 also issued under 46 U.S.C. 6101. DHS
Delegation No. 00170.1, Revision No. 01.4.
Sec. 164.01 [Amended]
0
52. Amend Sec. 164.01 in paragraph (b)(2), by removing the text ``46
CFR 10.103'' and adding in its place the text ``46 CFR 10.107''.
0
53. Amend Sec. 164.39 in paragraph (b), by revising the definition of
Tanker to read as follows:
Sec. 164.39 Steering gear: Foreign tankers.
* * * * *
(b) * * *
Tanker means a self-propelled vessel defined as a tanker or a tank
vessel by 46 U.S.C. 2101.
* * * * *
[[Page 52879]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
54. The authority citation for part 165 is revised to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 165.123 [Amended]
0
55. Amend Sec. 165.123 in paragraph (b), in the definition of Cruise
ship, by removing the text ``(22)''.
Sec. 165.169 [Amended]
0
56. Amend Sec. 165.169 in paragraphs (a)(14)(i) and (15)(i), by
removing the text ``(22)''.
Sec. 165.500 [Amended]
0
57. Amend Sec. 165.500, paragraph (a)(4), by removing the text
``(22)''.
0
58. Amend Sec. 165.911 by revising paragraph (b)(2) to read as
follows:
Sec. 165.911 Security Zones; Captain of the Port Eastern Great Lakes
Zone.
* * * * *
(b) * * *
(2) Persons or vessels desiring to transit the area of Ginna
Nuclear Power Plant security zones must contact the Captain of Port
Eastern Great Lakes at telephone number (716) 843-9570, or on VHF/FM
channel 16 to seek permission to transit the area. Persons desiring to
transit the area of the Nine Mile Point and Fitzpatrick Nuclear Power
Plants, or the Moses-Saunders Power Dam or Long Sault Spillway Dam
security zones must contact the Commanding Officer, Marine Safety Unit
Thousand Islands at telephone number (315) 774-8724 or on VHF/FM
channel 16 to seek permission to transit the area. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his or her designated representative.
* * * * *
Sec. 165.923 [Amended]
0
59. Amend Sec. 165.923, paragraph (a)(2)(ii)(C), by removing the text
``(5)'' after the text ``46 U.S.C. 2101''.
0
60. Amend Sec. 165.1141 by revising paragraph (d)(2) to read as
follows:
Sec. 165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San
Clemente Island, CA.
* * * * *
(d) * * *
(2) Mariners requesting permission to transit through any section
of the zone may request authorization to do so from the San Clemente
Island Range Control, call sign ``STARBURST'' by either calling 619-
313-2293 or establishing a VHF bridge to bridge radio connection on
Channel 82A. Immediately upon completing transit, the vessel operator
must promptly notify the STARBURST Range Control of safe passage
through the safety zone. Failure to expeditiously notify STARBURST
Range Control of passage through the safety zone will result in a
determination by the Navy that the vessel is still in the safety zone,
thereby restricting the use of the area for naval operations. If the
Navy determines that facilitating safe transit through the zone
negatively impacts range operations, the Navy will cease this practice
and enforce the safety zones in these two areas without exception.
* * * * *
Sec. 165.1157 [Amended]
0
61. Amend Sec. 165.1157 in paragraph (a), by removing the text ``34-
24-17.364 N, 119-41-16.260W'' and adding, in its place, the text
``34[deg]24'17.364'' N, 119[deg]41'16.260'' W''.
Sec. 165.1711 [Amended]
0
62. Amend Sec. 165.1711 in paragraph (c)(6), by removing the text
``commercial'' and ``(11a)''.
PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS
0
63. The authority citation for part 174 continues to read as follows:
Authority: 46 U.S.C. 6101 and 12302; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 174.17 [Amended]
0
64. Amend Sec. 174.17 by removing paragraph (c).
Sec. 174.19 [Amended]
0
65. Amend Sec. 174.19 by removing paragraph (c).
TITLE 46--SHIPPING
PART 2--VESSEL INSPECTIONS
0
66. The authority citation for part 2 continues to read as follows:
Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103,
2110, 3306, 3316, 3703, 70034; DHS Delegation No. 00170.1, Revision
No. 01.4; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec.
1-105.
Sec. 2.01-7 [Amended]
0
67. Amend footnote 7 to table 2.01-7(a) by removing the text
``(21)(21a)''.
PART 3--DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS
0
68. The authority citation for part 3 is revised to read as follows:
Authority: 46 U.S.C. 2113, 3306; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 3.01-1 [Amended]
0
69. Amend Sec. 3.01-1 by removing the text ``(18)''.
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
0
70. The authority citation for part 4 is revised to read as follows:
Authority: 14 U.S.C. 102; 43 U.S.C. 1333; 46 U.S.C. 2103, 2303A,
2306, 6101, 6301, 6305, 70034; 50 U.S.C. 198; DHS Delegation
00170.1, Revision No. 01.4. Subpart 4.40 issued under 49 U.S.C.
1131(a)(1)(E).
Sec. 4.03-50 [Amended]
0
71. Amend Sec. 4.03-50 by removing the text ``(25)''.
PART 7--BOUNDARY LINES
0
72. The authority citation for part 7 is revised to read as follows:
Authority: 14 U.S.C. 503; 33 U.S.C. 151; DHS Delegation
00170.1, Revision No. 01.4.
Sec. 7.1 [Amended]
0
73. Amend Sec. 7.1 by removing the text ``(32)'' and ``(33)''.
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
74. The authority citation for part 11 is revised 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, 8903,
8904, 8906, and 70105; E.O. 10173; DHS Delegation No. 00170.1,
Revision No. 01.4. Section 11.107 is also issued under the authority
of 44 U.S.C. 3507.
0
75. Amend Sec. 11.301 as follows:
0
a. In paragraph (h)(1), remove the text ``(11)(a)'';
0
b. In paragraph (h)(2), remove the text ``(11)(c)''; and
0
c. Revise paragraph (i) to read as follows:
Sec. 11.301 Requirements for STCW officer endorsements.
* * * * *
(i) Mariners serving on, and owners or operators of uninspected
passenger vessels as defined in subparagraph (B) of the definition of
uninspected passenger vessel in 46 U.S.C. 2101, do not need to hold an
STCW endorsement. The vessels concerned are not subject to further
obligation under STCW because of their special operating conditions as
small vessels engaged in domestic, near-coastal voyages.
Sec. 11.491 [Amended]
0
76. Amend Sec. 11.491 in paragraph (a), by removing the text ``(19)''.
[[Page 52880]]
Sec. 11.551 [Amended]
0
77. Amend Sec. 11.551 by removing the text ``(19)''.
PART 15--MANNING REQUIREMENTS
0
78. 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 DHS Delegation No. 00170.1, Revision No. 01.4.
0
79. Amend Sec. 15.105 as follows:
0
a. In paragraph (f)(1), remove the text ``(12)'';
0
b. In paragraph (f)(2), remove the text ``(14)''; and
0
c. Revise paragraph (g)(3) to read as follows:
Sec. 15.105 General.
* * * * *
(g) * * *
(3) Uninspected passenger vessels (UPVs) as defined in subparagraph
(B) of the definition of uninspected passenger vessel in 46 U.S.C.
2101.
* * * * *
0
80. Amend Sec. 15.403 as follows:
0
a. In paragraph (e)(1)(i), remove the text ``(11)(a)'';
0
b. In paragraph (e)(1)(ii), remove the text ``(11)(c)''; and
0
c. Revise paragraph (e)(2)(iii), to read as follows:
Sec. 15.403 When credentials for ratings are required.
* * * * *
(e) * * *
(2) * * *
(iii) Uninspected passenger vessels (UPVs) as defined in
subparagraph (B) of the definition of uninspected passenger vessel in
46 U.S.C. 2101.
Sec. 15.720 [Amended]
0
81. Amend Sec. 15.720 as follows:
0
a. In paragraph (b)(1), remove the text ``(19)''; and
0
b. In paragraph (b)(2), remove the text ``(15a)''.
0
82. Amend Sec. 15.1101 as follows:
0
a. In paragraph (a)(1)(i), remove the text ``(11)(a)'';
0
b. In paragraph (a)(1)(ii), remove the text ``(11)(c)''; and
0
c. Revise paragraph (a)(2)(iii) to read as follows:
Sec. 15.1101 General.
* * * * *
(a) * * *
(2) * * *
(iii) Uninspected passenger vessels as defined in subparagraph (B)
of the definition of uninspected passenger vessel in 46 U.S.C. 2101.
* * * * *
PART 24--GENERAL PROVISIONS
0
83. The authority citation for part 24 is revised to read as follows:
Authority: 46 U.S.C. 2103, 2113, 4302; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1-105; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 24.10-1 [Amended]
0
84. Amend Sec. 24.10-1, in the introductory text of the definition for
Motorboat, by removing the text ``column five of table 24.05-1(a) in
Sec. 24.05-1,'' and adding, in its place, the text ``column 5 of table
2.01-7(a) in Sec. 2.01-7(a) of this chapter,''.
PART 26--OPERATIONS
0
85. The authority citation for part 26 is revised 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; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 26.15-1 [Amended]
0
86. Amend Sec. 26.15-1, paragraph (a), by removing the text ``(43)''.
PART 58--MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS
0
87. The authority citation for part 58 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 58.25-5 [Amended]
0
88. Amend Sec. 58.25-5 in paragraph (a), in the definition of ``Tank
Vessel'', by removing the text ``(38)'' and ``(39)''.
PART 62--VITAL SYSTEM AUTOMATION
0
89. The authority citation for part 62 is revised to read as follows:
Authority: 46 U.S.C. 3306, 3703, 8105; sec. 617, Pub. L. 111-
281, 124 Stat. 2905; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 62.50-30 [Amended]
0
90. Amend Sec. 62.50-30 in paragraph (k)(3), by removing the text
``(f)'', and adding, in its place, the text ``(b)''.
PART 68--DOCUMENTATION OF VESSELS: EXCEPTIONS TO COASTWISE
QUALIFICATION
0
91. The authority citation for part 68 is revised to read as follows:
Authority: 14 U.S.C. 946; 31 U.S.C. 9701; 42 U.S.C. 9118; 46
U.S.C. 2103, 2110; 46 U.S.C. app. 876; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 68.55 [Amended]
0
92. Amend Sec. 68.55 in the definition of ``Oil'', by removing the
text ``(20)''.
PART 90--GENERAL PROVISIONS
0
93. The authority citation for part 90 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1-105; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 90.10-23 [Amended]
0
94. Amend Sec. 90.10-23, in the introductory paragraph, by removing
the text ``Column 5 of table 90.05-1(a)'', and adding, in its place,
the text ``column 5 of table 2.01-7(a) in Sec. 2.01-7(a) of this
chapter,''.
PART 108--DESIGN AND EQUIPMENT
0
95. The authority citation for part 108 continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3102, 3306; DHS Delegation
No. 00170.1, Revision No. 01.4.
Sec. 108.151 [Amended]
0
96. Amend Sec. 108.151 in paragraph (b), by removing the text ``one
the'' and adding, in its place, the text ``one of the''.
PART 110--GENERAL PROVISIONS
0
97. The authority citation for part 110 is revised to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 3307, 3703; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.4; Sec. 110.01-2 also issued under 44
U.S.C. 3507. Sections 110.15-1 and 110.25-1 also issued under sec.
617, Pub. L. 111-281, 124 Stat. 2905.
Sec. 110.01-3 [Amended]
0
98. Amend Sec. 110.01-3 in paragraph (c), by removing the text
``Conversions specified in 46 U.S.C. 2101(14a)'' and adding, in its
place, the text ``Major conversions, as defined in 46 U.S.C. 2101''.
PART 118--FIRE PROTECTION EQUIPMENT
0
99. The authority citation for part 118 continues to read as follows:
[[Page 52881]]
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 118.400 [Amended]
0
100. Amend Sec. 118.400 in paragraph (f) introductory text, by
removing the text ``paragraph (f)'' and adding, in its place, the text
``paragraph (g)''.
PART 125--GENERAL
0
101. The authority citation for part 125 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306, 3307; 49 U.S.C. App. 1804; sec.
617, Pub. L. 111-281, 124 Stat. 2905; DHS Delegation No. 00170.1,
Revision No. 01.4.
Sec. 125.180 [Amended]
0
102. Amend Sec. 125.180 in paragraph (b)(4), by removing the text
``Sec. Sec. 133.140 and 133.150'' and adding, in its place, the text
``Sec. Sec. 134.140 and 134.150''.
PART 126--INSPECTION AND CERTIFICATION
0
103. The authority citation for part 126 is revised to read as follows:
Authority: 46 U.S.C. 3205, 3306, 3307, 70034; 46 U.S.C. Chapter
701; sec. 617, Pub. L. 111-281, 124 Stat. 2905; E.O. 11735, 38 FR
21243, 3 CFR 1971-1975 Comp., p. 793; DHS Delegation 00170.1,
Revision No. 01.4.
0
104. Revise Sec. 126.180 to read as follows:
Sec. 126.180 Carriage of passengers.
No passengers as defined by subparagraph (B) of the definition of
passenger in 46 U.S.C. 2101 may be carried aboard an OSV except in an
emergency.
PART 131--OPERATIONS
0
105. The authority citation for part 131 is revised to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101, 10104; E.O.
12234, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 3 CFR, 1991 Comp., p.
351; DHS Delegation No. 00170.1, Revision No. 01.4. Section 131.990
also issued under sec. 617, Pub. L. 111-281, 124 Stat. 2905.
Sec. 131.540 [Amended]
0
106. Amend Sec. 131.540 paragraph (a), by removing the text ``ach
lifesaving'' and adding, in its place, the text ``each lifesaving''.
PART 132--FIRE-PROTECTION EQUIPMENT
0
107. The authority citation for part 132 continues to read as follows:
Authority: 46 U.S.C. 3306, 3307; sec. 617, Pub. L. 111-281, 124
Stat. 2905; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 132.130 [Amended]
0
108. Amend Sec. 132.130, paragraph (a), by removing the text ``ire
stations'' and adding, in its place, the text ``fire stations''.
PART 133--LIFESAVING SYSTEMS
0
109. The authority citation for part 133 continues to read as follows:
Authority: 46 U.S.C. 3306, 3307; DHS Delegation 00170.1,
Revision No. 01.4.
Sec. 133.130 [Amended]
0
110. Amend Sec. 133.130, paragraph (b)(4)(i), by removing the text
``and list and list'' and adding in its place the text ``and list''.
PART 147--HAZARDOUS SHIPS' STORES
0
111. The authority citation for part 147 continues to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 147.65 [Amended]
0
112. Amend Sec. 147.65 in paragraph (b)(1), by removing the text ``of
pressure'' from the third sentence.
PART 169--SAILING SCHOOL VESSELS
0
113. The authority citation for part 169 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; Pub. L. 103-
206, 107 Stat. 2439; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975
Comp., p. 793; DHS Delegation 00170.1, Revision No. 01.4; Sec.
169.117 also issued under the authority of 44 U.S.C. 3507.
Sec. 169.101 [Amended]
0
114. Amend Sec. 169.101 by removing the text ``(30)''.
PART 177--CONSTRUCTION AND ARRANGEMENT
0
115. The authority citation for part 177 is revised to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 177.410 [Amended]
0
116. Amend Sec. 177.410, paragraph (b), by removing the text ``meet
as'' from the first sentence.
PART 181--FIRE PROTECTION EQUIPMENT
0
117. The authority citation for part 181 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.4.
Sec. 181.115 [Amended]
0
118. Amend Sec. 181.115 in paragraph (b), as follows:
0
a. Remove the text ``Sec. 181.400'' and add, in its place, the text
``Sec. Sec. 181.400 and 181.405''; and
0
b. Remove the text ``on or before March 11, 1999.''
0
119. Amend Sec. 181.300 as follows:
0
a. Revise paragraph (d);
0
b. Redesignate paragraph (e) as paragraph (f); and
0
c. Add new paragraph (e).
The revision and addition read as follows:
Sec. 181.300 Fire Pumps.
* * * * *
(d) A fire pump may be driven by a propulsion engine.
(e) A fire pump must be permanently connected to the fire main and
may be connected to the bilge system to meet the requirements of Sec.
182.520 of this chapter.
* * * * *
0
120. Amend Sec. 181.400 by adding paragraphs (c), (d), and (e) to read
as follows:
Sec. 181.400 Spaces required to have fixed fire extinguishing
systems.
* * * * *
(c) All griddles, broilers, and deep fat fryers must be fitted with
a grease extraction hood in compliance with Sec. 181.425 of this
subchapter.
(d) An enclosed vehicle space must be fitted with an automatic
sprinkler system that meets the requirements of part 76 of this
chapter.
(e) A partially enclosed vehicle space must be fitted with a manual
sprinkler system that meets the requirements of part 76 of this
chapter.
0
121. Amend Sec. 181.405 as follows:
0
a. Remove and reserve paragraph (b);
0
b. Revise paragraph (d); and
0
c. Remove paragraph (e).
The revision reads as follows:
Sec. 181.405 Spaces required to have fire detection systems.
* * * * *
(d) An enclosed vehicle space must be fitted with a fire detection
and alarm system of an approved type that is installed in accordance
with part 76 of this chapter.
[[Page 52882]]
PART 182--MACHINERY INSTALLATION
0
122. The authority citation for part 182 is revised to read as follows:
Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980
Comp., p. 277; DHS Delegation No. 00170.1, Revision No. 01.4.
Sec. 182.115 [Amended]
0
123. Amend Sec. 182.115 as follows:
0
a. In paragraph (c) remove the text ``on or before March 11, 1999'';
and
0
b. In paragraph (d) remove the text ``On or before March 11, 1999, an''
and add, in its place, the text ``An''.
PART 188--GENERAL PROVISIONS
0
124. The authority citation for part 188 is revised to read as follows:
Authority: 6 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277, sec. 1-105; DHS Delegation No. 00170.1,
Revision No. 01.4.
0
125. Revise Sec. 188.10-77 to read as follows:
Sec. 188.10-77 Vessel.
Where the word ``vessel'' is used in this subchapter, it will be
considered to include all inspected and certificated oceanographic
research vessels as listed in column 6 of table 2.01-7(a) in Sec.
2.01-7(a) of this chapter.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2025-20727 Filed 11-21-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 24, 2025.
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