

[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]               
[Page 70780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-12]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 161 and 165

[CGD01-04-133]
RIN 1625-AB17

 
Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable 
Waterways Within the First Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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SUMMARY: The Coast Guard is making two technical corrections to a Final 
Rule published in the Federal Register on August 30, 2007. The Final 
Rule titled ``Regulated Navigation Area; Buzzards Bay, Massachusetts; 
Navigable Waterways within the First Coast Guard District'' contained 
imprecise and potentially confusing cross references regarding the 
applicability of certain regulations implemented by the rule. The 
revised wording provided in this correction is intended to clarify the 
intent of the final rule and eliminate any possible confusion.

DATES: This correction is effective as of December 13, 2007.

ADDRESSES: Comments and material received from the public concerning 
this correction will be made part of the docket for the underlying rule 
and will be available for inspection and copying at the offices of 
Commander, Coast Guard Sector Southeastern New England, East Providence 
Office, 20 Risho Avenue, East Providence, RI 02914, between 8 a.m. and 
3 p.m. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Edward G. LeBlanc at Coast Guard 
Sector Southeastern New England, East Providence, RI, 401-435-2351.

SUPPLEMENTARY INFORMATION:

Background

    On August 30, 2007, the Coast Guard published a Final Rule titled 
``Regulated Navigation Area; Buzzards Bay, Massachusetts; Navigable 
Waterways within the First Coast Guard District'' to amend an existing 
Regulated Navigation Area (RNA) within the waters of the First Coast 
Guard District. (72 FR 50052). Specifically, the Final Rule required 
that certain tank vessels and tug/barge combinations transiting 
Buzzards Bay, Massachusetts, be accompanied by escort tugs and pilots 
operating under a properly endorsed Federal pilot's license. To further 
this objective, the Coast Guard also established a Vessel Movement 
Reporting System (VMRS) for Buzzards Bay, and requires that vessels 
subject to the Vessel Bridge-to-Bridge VHF Radiotelephone regulations 
participate in the VMRS. This correction alters two potentially 
confusing cross-references to regulations mentioned in the final rule. 
The substantive requirements of the rule are not altered by this 
technical correction.

Need for Correction

    The Final Rule amended parts 161 and 165 of Title 33 of the Code of 
Regulations. As explained in the preamble to the Final Rule, the 
inserted language was intended to make the general VMRS operating 
requirements, set forth in subpart B of part 161, applicable to all 
vessels transiting Buzzard's Bay that are subject to the Vessel Bridge-
to-Bridge Radiotelephone Regulations, set forth in 33 CFR part 26. The 
Final Rule, as published, however, erroneously referred to ``Subpart B 
of this chapter'' and ``Subpart B of this part'' in part 161 and part 
165, respectively, instead of referring to ``Subpart B of part 161'' in 
the revisions of both part 161 and part 165. The language substituted 
by this correction is intended to eliminate any potential confusion 
regarding what vessels are required to participate in the Buzzard's Bay 
VMRS, and what is required of those vessels.

List of Subjects

33 CFR Part 161

    Harbors, Navigation (water), Reporting and recordkeeping 
requirements, Vessels, Waterways.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 161 and 165 as follows:

PART 161--VESSEL TRAFFIC MANAGEMENT

0
1. The authority citation for part 161 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70117; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. In Sec.  161.12, revise footnote 5 of table 161.12(c) to read as 
follows:


Sec.  161.12  Vessel operating requirements.

* * * * *
    (c) * * *

    \5\ In addition to the vessels denoted in Section 161.16 of this 
chapter, requirements set forth in subpart B of 33 CFR part 161 also 
apply to any vessel transiting VMRS Buzzards Bay required to carry a 
bridge-to-bridge radiotelephone by part 26 of this chapter.

* * * * *

PART 165--WATERWAYS SAFETY; REGULATED NAVIGATION AREAS AND LIMITED 
ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
4. In Sec.  165.100, revise(d)(5)(iv) to read as follows:


Sec.  165.100  Regulated Navigation Area: Navigable waters within the 
First Coast Guard District.

* * * * *
    (d) * * *
    (5) * * *
    (iv) In addition to the vessels denoted in Sec.  161.16 of this 
chapter, requirements set forth in subpart B of 33 CFR part 161 also 
apply to any vessel transiting VMRS Buzzards Bay required to carry a 
bridge-to-bridge radiotelephone by Part 26 of this chapter.
* * * * *

    Dated: November 29, 2007.
T.V. Skuby,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. E7-24128 Filed 12-12-07; 8:45 am]

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