
[Federal Register: June 25, 2008 (Volume 73, Number 123)]
[Rules and Regulations]               
[Page 35959-35961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn08-28]                         

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 31

[USCG-2008-0394]
RIN 1625-ZA18

 
Shipping; Technical, Organizational, and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule makes non-substantive changes to Title 46, part 31 
of the Code of Federal Regulations. The purpose of this rule is to make 
conforming amendments and technical corrections to Coast Guard shipping 
regulations. Specifically, this final rule updates 46 CFR 31.10-16 
concerning inspection and certification of shipboard cargo gear. This 
rule will have no substantive effect on the regulated public.

DATES: This final rule is effective June 25, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0394 and are available for inspection or 
copying at the Docket Management Facility, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LCDR Reed Kohberger, CG-5232, Coast Guard, telephone 202-372-1471. 
If you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Regulatory History
II. Background and Purpose
III. Discussion of Rule
IV. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Collection of Information
    D. Federalism
    E. Unfunded Mandates Reform Act
    F. Taking of Private Property
    G. Civil Justice Reform
    H. Protection of Children
    I. Indian Tribal Governments
    J. Energy Effects
    K. Technical Standards

[[Page 35960]]

    L. Environment

I. Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard 
finds this rule is exempt from notice and comment rulemaking 
requirements because these changes involve agency organization and 
practices, and good cause exists for not publishing an NPRM for all 
revisions in the rule because they are all non-substantive changes. 
This rule consists only of corrections and editorial, organizational, 
and conforming amendments. These changes will have no substantive 
effect on the public; therefore, it is unnecessary to publish an NPRM. 
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same 
reasons, good cause exists for making this rule effective less than 30 
days after publication in the Federal Register.

II. Background and Purpose

    The Coast Guard periodically makes technical amendments to Title 46 
of the Code of Federal Regulations. This rule, which becomes effective 
June 25, 2008, updates 46 CFR 31.10-16 concerning inspection and 
certification of shipboard cargo gear. This rule does not create any 
substantive requirements.

III. Discussion of Rule

    This rule adds the National Cargo Bureau, Inc. (NCB) to 46 CFR 
31.10-16(e) as an organization authorized by the Coast Guard to perform 
inspections of shipboard cargo gear. In a letter dated March 28, 2007, 
the Chief of the Office of Vessel Activities, U.S. Coast Guard, 
confirmed that the NCB is authorized to perform such inspections, and 
has been since 1960. In a Federal Register notice dated December 24, 
1960, the Coast Guard announced that valid current certificates and/or 
registers issued by the NCB may be accepted as prima facie evidence of 
the condition of such gear. 25 FR 13730. The letter and notice are 
available under docket number USCG-2008-0394 where indicated under the 
ADDRESSES section of this preamble. This technical amendment will 
afford the public appropriate notice of the NCB's existing 
authorization to conduct shipboard cargo gear inspections.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analysis 
based on 12 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. As this rule involves internal agency 
practices and procedures and non-substantive changes, it will not 
impose any costs on the public.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
This rule does not require a general NPRM and, therefore, is exempt 
from the requirements of the Regulatory Flexibility Act. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

F. Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

G. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

H. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

I. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

J. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

K. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are

[[Page 35961]]

technical standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) that are developed or adopted by 
voluntary consensus standards bodies. This rule does not use technical 
standards. Therefore, we did not consider the use of voluntary 
consensus standards.

L. Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraphs (34)(a) and (b) of the Instruction, from further 
environmental documentation because this rule involves editorial, 
procedural, and internal agency functions. A final ``Environmental 
Analysis Check List'' and a final ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR part 31 as follows:

PART 31--INSPECTION AND CERTIFICATION

0
1. The authority citation for part 31 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3205, 3306, 3307, 
3703; 46 U.S.C. Chapter 701; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 
1991 Comp., p. 351; Department of Homeland Security Delegation No. 
0170.1. Section 31.10-21 also issued under the authority of Sect. 
4109, Pub. L. 101-380, 104 Stat. 515.

0
2. In Sec.  31.10-16, revise paragraph (e) to read as follows:


Sec.  31.10-16  Inspection and certification of cargo gear-TB/ALL.

* * * * *
    (e) The authorization for organizations to perform the required 
inspection is granted by the Chief, Office of Vessel Activities, 
Commandant (CG-543), and will continue until superseded, canceled, or 
modified. The following organizations are currently recognized by the 
Commandant (CG-543) as having the technical competence to handle the 
required inspection:
    (1) National Cargo Bureau, Inc., with home offices at 17 Battery 
Place, Suite 1232, New York, NY 10004.
    (2) The International Cargo Gear Bureau, Inc., with home office at 
321 West 44th Street, New York, NY 10036.

    Dated: June 19, 2008.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. E8-14293 Filed 6-24-08; 8:45 am]

BILLING CODE 4910-15-P
