
[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]               
[Page 59997-60004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se10-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 2, 7, 9, 10, 11, 25, 27, 28, 31, 54, 70, 76, 112, 
114, 121, 129, 131, 150, 154, 160, 177, 184, and 401

[Docket No. USCG-2010-0759]
RIN 1625-ZA27

 
Shipping; Technical, Organizational, and Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule makes non-substantive changes throughout Title 
46 of the Code of Federal Regulations. The purpose of this rule is to 
make conforming amendments and technical corrections to Coast Guard 
regulations. This rule will have no substantive effect on the regulated 
public. These changes are provided to coincide with the annual 
recodification of Title 46 on October 1, 2010.

DATES: This final rule is effective September 29, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0759 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2010-0759 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Diane LaCumsky, Coast Guard; telephone 202-372-1025, e-
mail Diane.M.LaCumsky@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Regulatory History
II. Background
III. Discussion of Rule
IV. Regulatory Analyses
    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
    L. Environment

I. Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(A) and (b)(B), we find that this rule is 
exempt from notice and comment rulemaking requirements because these 
changes involve rules of agency organization, procedure, or practice. 
In addition, good cause exists for not publishing an NPRM for all 
revisions in the rule because the revisions 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 
upon publication in the Federal Register.

II. Background

    Each year the printed edition of Title 46 of the Code of Federal 
Regulations is recodified on October 1. This rule, which becomes 
effective September 29,

[[Page 59998]]

2010, makes technical and editorial corrections throughout Title 46. 
This rule does not create any substantive requirements.

III. Discussion of Rule

    This rule revises 46 Part 1 by deleting all references to 
``Assessment, Integration and Risk Management Directorate (CG-51),'' as 
this directorate no longer exists.
    This rule revises 46 Part 1 by deleting all references to ``Office 
of Waterways Management (CG-541),'' as this office no longer exists.
    This rule revises 46 Part 1 by adding a reference to the ``Office 
of International and Domestic Port Security (CG-541).'' This new office 
was created under the existing Prevention Policy Directorate (CG-54).
    This rule revises 46 Part 1 by adding a reference to ``Marine 
Transportation Systems Management Directorate (CG-55).'' This new 
directorate was created to manage the Coast Guard's portfolio of 
waterways management programs and assets and will coordinate Coast 
Guard activities to promote development of national and international 
consensus on waterways, management policies, goals, objectives, and 
strategies.
    In addition, this rule revises 46 Part 1 by adding references to 
``Office of Bridge Programs (CG-551),'' ``Office of Marine 
Transportation Systems (CG-552),'' and ``Office of Navigation Systems 
(CG-553).'' These new offices were created under the Marine 
Transportation Systems Management Directorate (CG-55).
    This rule revises 46 CFR Part 2 by eliminating the requirement that 
an inspector must complete and submit ``Form CG-858, Certificate of 
Inspections Amendment,'' to amend a vessel's Certificate of Inspection. 
The paragraph will clarify that the original Certificate of Inspection 
may be amended and re-issued with the original renewal date pending 
approval of the Officer in Charge, Marine Inspection.
    This rule revises 46 CFR Part 2 by removing references to a Letter 
of Compliance and to a Tank Vessel Examination Letter and replacing 
them with a reference to a Certificate of Compliance. Letters of 
Compliance and Tank Vessel Examination Letters are no longer issued, 
and were combined to form Certificates of Compliance in the mid-1990s. 
It also clarifies the office and the appropriate chain of command for 
actions regarding vessel fees.
    This rule revises 46 CFR Part 2 by clarifying the chain-of-command 
procedure in various instances without making changes to the chain of 
command.
    This rule revises 46 CFR Part 2 to add that a credit card or wire 
transfer is an acceptable form of payment for all fees required by 
subpart 2.10.
    This rule revises 46 CFR Part 2 to update the address for mailing a 
payment made by check for vessel inspection and to add a new address 
for mailing a payment using a credit card.
    This rule revises 46 CFR Part 2 to remove ``midperiod'' and add, in 
its place, ``annual and periodic'' to more accurately describe the 
period between inspections.
    This rule revises 46 CFR Part 7 by correcting grammatical errors.
    This rule revises 46 CFR Part 9 to remove ``steamship,'' as this is 
an outdated term which is no longer used to describe vessels.
    This rule revises 46 CFR Part 10 to correct a table titled ``Table 
10.215(a)--Medical and Physical Requirements for Mariner Endorsement,'' 
in which four pieces of data are located in the wrong columns.
    This rule revises 46 CFR Part 28 to update the delegation of 
authority from the Secretary of Transportation to the Secretary of 
Homeland Security in an instance where it had not already been changed.
    This rule revises 46 CFR Parts 31 and 70 to capitalize the word 
``office'' in ``Office of the Commandant.''
    This rule revises 46 CFR Part 54 to remove a redundant paragraph 
and replace it with the paragraph originally intended. The 2009 CFR 
included similar paragraphs describing the pressure measurement 
restrictions for condensers and heat exchangers eligible for exemption 
from shop inspection. This rule removes the less specific, earlier 
version of the paragraph at Sec.  54.01-15(a)(5) and leaves the more 
recently updated version of the paragraph, redesignating it as Sec.  
54.01-15(a)(5) from Sec.  54.01-15(a)(4). This rule returns the 
original paragraph at Sec.  54.01-15(a)(4) regarding Class I, II, and 
III pressure vessels, to its intended place. The original paragraph was 
present in the 2008 CFR but erroneously omitted from the 2009 
publication.
    This rule revises 46 CFR Part 129 to replace the word ``part'' with 
the word ``subchapter'' where ``subchapter'' is intended.
    This rule revises 46 CFR Part 150 to correct a table with 
mislabeled footnotes.
    This rule revises 46 CFR Part 154 to remove a redundant section at 
Sec.  154.30.
    This rule corrects 46 CFR Part 177 to make the metric value of 15 
feet accurate. The section currently lists the metric value of 15 feet 
at 3.8 meters. This rule changes the metric value to 4.572 meters in 
every instance, ensuring consistency between the values when expressed 
in both metric and imperial units.
    This rule updates various addresses for Coast Guard offices 
throughout Title 46 so that they conform to new mailing addresses and 
mailing address formats that came into use on June 15, 2009. This rule 
also updates internal Coast Guard office designators, as well as 
certain organizational titles, throughout Title 46. Changes in 
organizational titles included in this rule are only technical 
revisions reflecting changes in agency procedure and organization, and 
do not indicate new authorities.
    Throughout Title 46, this rule removes all references to Loran 
towers and coordinates, which are no longer in use, and changes all 
references to Search and Rescue Transponders (SARTs) to Search and 
Rescue Transmitters (SARTs), as transponders are no longer in use.
    This rule updates various citations to the CFR that were overlooked 
in past revisions of Title 46.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
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. The Office of 
Management and Budget has not reviewed it under that Order. Because 
this rule involves non-substantive changes and addresses internal 
agency practices and procedures, it will not impose additional 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.
    We estimate that this rule will not impose additional costs and 
should have little or no impact on small entities because the 
provisions of this rule are technical and non-substantive. Therefore, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule

[[Page 59999]]

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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Taking of Private Property

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

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

L. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraph (34)(a) of the Instruction. This rule involves 
regulations that are editorial and procedural, such as those updating 
addresses or establishing application procedures. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects

46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

46 CFR Part 2

    Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 7

    Law enforcement, Vessels.

46 CFR Part 9

    Government employees, Vessels, Wages.

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 11

    Incorporation by reference, Penalties, Reporting and recordkeeping 
requirements, Schools, Seamen.

46 CFR Part 25

    Fire prevention, Penalties, Marine safety, Reporting and 
recordkeeping requirements.

46 CFR Part 27

    Fire prevention, Marine safety, Reporting and recordkeeping 
requirements, Vessels.

46 CFR Part 28

    Alaska, Fire prevention, Fishing vessels, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Seamen.

46 CFR Part 31

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 54

    Reporting and recordkeeping requirements, Vessels.

46 CFR Part 70

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 76

    Fire prevention, Marine safety, Passenger vessels.

46 CFR Part 112

    Vessels.

[[Page 60000]]

46 CFR Part 114

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 121

    Communications equipment, Marine safety, Navigation (water), 
Passenger vessels.

46 CFR Part 129

    Cargo vessels, Hazardous materials transportation, 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 150

    Hazardous materials transportation, Marine safety, Occupational 
safety and health, Reporting and recordkeeping requirements.

46 CFR Part 154

    Cargo vessels, Gases, Hazardous materials transportation, Marine 
safety, Reporting and recordkeeping requirements.

46 CFR Part 160

    Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 177

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 184

    Communications equipment, Marine safety, Navigation (water), 
Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 401

    Administrative practice and procedure, Great Lakes, Navigation 
(water), Penalties, Reporting and recordkeeping requirements, Seamen.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR parts 1, 2, 7, 9, 10, 11, 25, 27, 28, 31, 54, 70, 76, 112, 114, 
121, 129, 131, 150, 154, 160, 177, 184, and 401.

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

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

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.


Sec.  1.01-10  [Amended]

0
2. Amend Sec.  1.01-10 as follows:
0
a. Revise paragraph (b)(1) introductory text to read as set out below.
0
b. Remove paragraph (b)(1)(iii) and redesignate paragraph (b)(1)(iv) as 
paragraph (b)(1)(iii).


Sec.  1.01-10  Organization.

* * * * *
    (b) * * *
    (1) The Assistant Commandant for Marine Safety, Security, and 
Stewardship (CG-5), under the general direction of the Commandant, 
directs, supervises, and coordinates the activities of: The Commercial 
Regulations and Standards Directorate (CG-52), consisting of the Office 
of Design and Engineering Standards (CG-521), the Office of Operating 
and Environmental Standards (CG-522), and the Office of Standards 
Evaluation and Development (CG-523); the Response Policy Directorate 
(CG-53), consisting of the Office of Law Enforcement (CG-531), the 
Office of Counterterrorism and Defense Operations (CG-532), the Office 
of Incident Management and Preparedness (CG-533), the Office of Search 
and Rescue (CG-534), and the Office of Contingency Exercises (CG-535); 
the Prevention Policy Directorate (CG-54), consisting of the Office of 
International and Domestic Port Security (CG-541), the Office of 
Auxiliary and Boating Safety (CG-542), the Office of Vessel Activities 
(CG-543), the Office of Port and Facility Activities (CG-544), the 
Office of Investigations and Casualty Analysis (CG-545); and the Marine 
Transportation and Systems Management Directorate (CG-55), consisting 
of the Office of Bridge Programs (CG-551), the Office of Marine 
Transportation Systems (CG-552), and the Office of Navigation Systems 
(CG-553). The Deputy Commandant for Operations (CG-DCO), under the 
general direction of the Commandant, directs, supervises, and 
coordinates the activities of the Operations Resource Management 
Directorate (CG-DCO-R), consisting of the Office of Workforce 
Management (CG-DCO-R-1), the Office of Budget Development (CG-DCO-R-2), 
the Office of Budget Execution (CG-DCO-R-3), and the Office of 
Information Resources (CG-DCO-R-6). The Port Safety and Security 
programs administered by the Chief, Office of Vessel Activities (CG-
543), and the Marine Environmental Response programs administered by 
the Chief, Office of Incident Management and Preparedness (CG-533), are 
guided by regulations contained in 33 CFR chapter I. The Assistant 
Commandant for Marine Safety, Security, and Stewardship (CG-5) 
exercises technical control over the Commanding Officer, National 
Maritime Center (NMC), and, through the District Commander, supervises 
the administration of the Marine Safety Division of District Offices 
and Officers in Charge, Marine Inspection.
* * * * *

PART 2--VESSEL INSPECTIONS

0
3. 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. 2110, 3103, 
3205, 3306, 3307, 3703; 46 U.S.C. Chapter 701; E.O. 12234, 45 FR 
58801, 3 CFR, 1980 Comp., p. 277; Department of Homeland Security 
Delegation No. 0170.1. Subpart 2.45 also issued under the Act Dec. 
27, 1950, Ch. 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. 
Note prec. 1).


0
4. Revise Sec.  2.01-5(c) to read as follows:


Sec.  2.01-5  Certificate of inspection.

* * * * *
    (c) Amending certificates. When, because of a change in the 
character of the vessel or vessel's route, equipment, etc., the vessel 
does not comply with the requirements of the Certificate of Inspection 
previously issued, an amended certificate may be issued at the 
discretion of the Officer in Charge, Marine Inspection, to whom a 
request is made.

0
5. Revise Sec.  2.01-6 to read as follows:


Sec.  2.01-6  Certificates issued to foreign vessels.

    (a) Issuance of a Certificate of Compliance (COC). Foreign vessels 
of countries which are signatory to the International Convention for 
the Safety of Life at Sea, 1974, are issued a Certificate of Compliance 
(CG-3585) upon satisfactory completion of a compliance examination by 
the Officer in Charge, Marine Inspection:
    (1) A foreign passenger vessel that is registered in a country 
which is signatory to the International Convention for the Safety of 
Life at Sea, 1974, visits U.S. ports with U.S. citizens as passengers 
or embarks passengers in U.S. ports, and holds a valid Passenger Ship 
Safety Certificate;
    (2) A foreign vessel that is suitable for carriage of hazardous 
cargoes in bulk as defined in 46 CFR subchapter 0 and is in compliance 
with Tankship Cargo Venting and Handling Systems and Minimum Pollution 
Prevention Regulations and Transfer Procedures (33

[[Page 60001]]

CFR parts 155, 156, 157, and 159), and Navigation Safety Inspection 
Regulations (33 CFR part 164);
    (3) A foreign Mobile Offshore Drilling Unit that complies with 
standards listed in 33 CFR 143.207 and is engaged in U.S. Outer 
Continental Shelf activities;
    (4) A foreign vessel that is suitable for carriage of cargoes as 
defined in 46 CFR subchapter D and is in compliance with Tankship Cargo 
Venting and Handling Systems and Minimum Safety Standards (SOLAS 74--46 
CFR part 35), Pollution Prevention Regulations and Transfer Procedures 
(33 CFR parts 155, 156, 157, and 159), and Navigation Safety 
Regulations (33 CFR part 164).
    (b) Foreign vessels of countries which are non-signatory to the 
International Convention for the Safety of Life at Sea, 1974, are 
issued a Temporary Certificate of Inspection (CG-854) and a Certificate 
of Inspection (CG-841), respectively, as described in Sec.  2.01-5. Any 
amendments to these certificates shall be accomplished in accordance 
with Sec.  2.01-5(c).
    (c) Description of COC. CG-3585 describes the vessel's particulars, 
type of vessel examined, type of certificate(s) required by the 
International Convention for Safety of Life at Sea, 1974, the period of 
validity, subsequent exams required to maintain the certificates 
validity, the Officer in Charge, Marine Inspection zone where the exam 
was completed in and if there are any deficiencies as to applicable 
regulations at the time the vessel was examined. If there are 
deficiencies issued, they are listed in the examination record section 
of the COC.


Sec.  2.10-1  [Amended]

0
6. In Sec.  2.10-1(a), after the words ``foreign vessels required to 
have'', remove the words ``either a Letter of Compliance or a Tank 
Vessel Examination Letter'' and add, in their place, the words ``a 
Certificate of Compliance''.

0
7. In Sec.  2.10-5, add a third sentence to paragraph (d) to read as 
follows:


Sec.  2.10-5  Exemptions.

* * * * *
    (d) * * * The Officer in Charge, Marine Inspection will endorse and 
forward the request to Commandant (CG-DCO-83) for decision.


Sec.  2.10-10  [Amended]

0
8. Amend Sec.  2.10-10 as follows:
0
a. Remove the text ``CG-DCO-R-3'' and add, in its place, the text ``CG-
DCO-83''; and
0
b. Remove the text ``G-MRP'' and add, in its place, the text ``CG-DCO-
83''.
0
9. Amend Sec.  2.10-20 as follows:
0
a. In paragraph (b), add a second sentence;
0
b. Revise paragraph (d);
0
c. In paragraph (e), remove the text ``CG-DCO-R-3'' and add, in its 
place, the text ``CG-DCO-83'';
0
d. In paragraph (e), remove the text ``G-MRP'' and add, in its place, 
the text ``CG-DCO-83''; and
0
e. In paragraph (f), remove the words ``Marine Safety or Marine 
Inspection Office'' and add, in their place, the words ``Coast Guard 
Sector, Officer in Charge, Marine Inspection, or Marine Safety 
Detachment''.
    The addition and revision read as follows:


Sec.  2.10-20  General Requirements.

* * * * *
    (b) * * * Payment may also be made by credit card or wire transfer.
* * * * *
    (d) Unless otherwise specified, fees required by this subpart must 
be mailed to the following addresses: For payment by credit card, U.S. 
Coast Guard Finance Center (OGR), 1430A Kristina Way, Chesapeake, VA 
23326; For payment by check, made payable to U.S. Treasury, with 
delivery by postal service, USCG Inspection Fees, P.O. Box 70952, 
Charlotte, NC 28272-0952; or by overnight courier, Wachovia QLP 
Lockbox-D1113-022, Lockbox 70952, 1525 West WT Harris Blvd., Charlotte, 
NC 28262.
* * * * *


Sec.  2.10-101  [Amended]

0
10. Amend Sec.  2.10-101(c) by removing the word ``midperiod'' and 
adding, in its place, the words ``annual and periodic''.

0
11. Amend Sec.  2.10-105 as follows:
0
a. In paragraph (b), remove the text ``CG-DCO-R-3'' and add, in its 
place, the text ``CG-DCO-83''; and
0
b. In paragraph (e), add a fourth sentence to read as follows:


Sec.  2.10-105  Prepayment of annual vessel inspection fees.

* * * * *
    (e) * * * The Officer in Charge, Marine Inspection will endorse and 
forward the request to Commandant (CG-DCO-83) for decision.


Sec.  2.10-115  [Amended]

0
12. Amend Sec.  2.10-115(b) by removing the text ``CG-DCO-R-3'' and 
adding, in its place, the text ``CG-DCO-83''.


Sec.  2.10-125  [Amended]

0
13. Amend Sec.  2.10-125 as follows:
0
a. In paragraph (a), remove the word ``Letter'' wherever it appears and 
add, in its place, the word ``Certificate''; and
0
b. In paragraph (b), remove the words ``Tank Vessel Examination 
Letter'' and add, in their place, the words ``Certificate of 
Compliance''.


Sec.  2.10-130  [Amended]

0
14. Amend Sec.  2.10-130 as follows:
0
a. In paragraph (a), remove the word ``Letter'' and add, in its place, 
the word ``Certificate''; and
0
b. In paragraph (b), remove the word ``Letter'' and add, in its place, 
the word ``Certificate''.


Sec.  2.75-1  [Amended]

0
15. Amend Sec.  2.75-1(c) by removing the words ``Environmental 
Protection'' wherever they appear and adding, in their place, the word 
``Stewardship''.

PART 7--BOUNDARY LINES

0
16. The authority citation for part 7 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 151, 1222; Department of 
Homeland Security Delegation No. 0170.1.

0
17. Revise Sec.  7.65 to read as follows:


Sec.  7.65  Charleston Harbor, SC.

    A line drawn from Charleston Light on Sullivans Island to latitude 
32[deg]40.7' N. longitude 79[deg]42.9' W. (Charleston Lighted Whistle 
Buoy ``2C''); thence to a point on Folly Island at latitude 
32[deg]41.0' N. longitude 79[deg]53.2' W.

PART 9--EXTRA COMPENSATION FOR OVERTIME SERVICES

0
18. The authority citation for part 9 continues to read as follows:

    Authority: 46 U.S.C. 2103; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  9.14  [Amended]

0
19. In Sec.  9.14, after the words ``fees against'', remove the word 
``steamship''.

PART 10--MERCHANT MARINER CREDENTIAL

0
20. The authority citation for part 10 continues to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 
75; 46 U.S.C. 7701, 8906 and 70105; Executive Order 10173; 
Department of Homeland Security Delegation No. 0170.1.

0
21. Amend Sec.  10.215(a) by revising Table 10.215(a) to read as 
follows:

[[Page 60002]]



                                       Table 10.215(a)--Medical and Physical Requirements for Mariner Endorsements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                              Demonstration of physical
            Credential                      Vision test                  Hearing test              General medical exam                ability
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) Deck officer, including pilot  Sec.   10.215(b)(1)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(ii) Engineering officer.........  Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(iv) Radio officer...............  Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(v) Offshore installation          Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
 manager, barge supervisor, or
 ballast control operator.
(vi) Able seaman.................  Sec.   10.215(b)(1)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(vii) QMED.......................  Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(viii) RFPNW.....................  Sec.   10.215(b)(1)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(ix) RFPEW.......................  Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(x) Tankerman....................  Sec.   10.215(b)(2)           Sec.   10.215(c)              Sec.   10.215(d)(1)           Sec.   10.215(e)(1)
(xi) Food handler serving on       ............................  ............................  Sec.   10.215(d)(2)           ...........................
 vessels to which STCW does not
 apply.
(xii) Food handler serving on      ............................  ............................  Sec.   10.215(d)(2)           Sec.   10.215(e)(1)
 vessels to which STCW applies.
(xiii) Ratings, including entry    ............................  ............................  ............................  Sec.   10.215(e)(2)
 level, serving on vessels to
 which STCW applies, other than
 those listed above.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS

0
22. The authority citation for part 11 continues to read as follows:

    Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, 
and 70105; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 11.107 is also issued under the 
authority of 44 U.S.C. 3507.


Sec.  11.302  [Amended]

0
23. Amend Sec.  11.302(g) by removing the text ``Sec.  1.03-45'' and 
adding, in its place, the text ``Sec.  1.03-40''.

PART 25--REQUIREMENTS

0
24. The authority citation for part 25 continues to read as follows:

    Authority: 33 U.S.C. 1903(b); 46 U.S.C. 3306, 4102, 4302; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  25.01-3  [Amended]

0
25-26. Amend Sec.  25.01-3(a), third sentence, by removing the words 
``Office of Compliance'' and adding, in their place, the words ``Office 
of Vessel Activities'', and in paragraph (b) by removing the words 
``3069 Solomons Island Road, Edgewater, MD 21037'' and adding, in their 
place, the words ``613 Third Street, Suite 10, Annapolis, MD 21403''.

PART 27--TOWING VESSELS

0
27. The authority citation for part 27 continues to read as follows:

    Authority: 46 U.S.C. 3306, 4102 (as amended by Pub. L. 104-324, 
110 Stat. 3901); Department of Homeland Security Delegation No. 
0170.1.


Sec.  27.102  [Amended]

0
28. Amend Sec.  27.102(b), in the table heading, by removing the words 
``3069 Solomons Island Road, Edgewater, MD 21037'' and adding, in their 
place, the words ``613 Third Street, Suite 10, Annapolis, MD 21403''.

PART 28--REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
29. The authority citation for part 28 continues to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.1.


Sec.  28.10  [Amended]

0
30. Amend Sec.  28.10 as follows:
0
a. After the words ``pursuant to a delegation of authority by the'', 
remove the words ``Secretary of Transportation'' and add, in their 
place, the words ``Secretary of Homeland Security''; and
0
b. After the words ``set forth in'', remove the words ``49 CFR 
1.46(b)'' and add, in their place, the words ``Department of Homeland 
Security Delegation No. 0170.1''.


Sec.  28.40  [Amended]

0
31. Amend Sec.  28.40(b), in the table heading, by removing the words 
``3069 Solomons Island Road, Edgewater, MD 21037'' and adding, in their 
place, the words ``613 Third Street, Suite 10, Annapolis, MD 21403''.


Sec.  28.50  [Amended]

0
32. In Sec.  28.50, in the definition of Coast Guard Representative, 
remove the words ``Fishing Vessels Safety Division'' and add, in their 
place, the words ``Fishing Vessels Division''.


Sec.  28.265  [Amended]

0
33. Amend Sec.  28.265(d)(4)(vii) by removing the words ``LORAN 
coordinate,''.


Sec.  28.820  [Amended]

0
34. In 28.820(a)(2), second sentence, after the words ``bilge system 
requirements of'', remove the text ``Sec.  28.760(c)'' and add, in its 
place, the text ``Sec.  28.255(d)''.

PART 31--INSPECTION AND CERTIFICATION

0
35. 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.


Sec.  31.10-1  [Amended]

0
36. In Sec.  31.10-1(b), third sentence, after the words ``examined at 
the'', remove the words ``office of the Commandant'' and add, in their 
place, the words ``Office of the Commandant''.

PART 54--PRESSURE VESSELS

0
37. The authority citation for part 54 continues to read as follows:

    Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703; 
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; Department of 
Homeland Security Delegation No. 0170.1.

0
38. In Sec.  54.01-15, revise paragraphs (a)(4) and (a)(5) to read as 
follows:

[[Page 60003]]

Sec.  54.01-15  Exemptions from shop inspection and plan approval 
(modifies U-1(c)(2)).

* * * * *
    (a) * * *
    (4) Class I, II, and III pressure vessels that meet the 
requirements of Sec.  54.01-5(c)(3) and (c)(4).
    (5) Condensers and heat exchangers, regardless of size, when the 
design is such that the liquid phase is not greater than 689 kPa (100 
psig) and 200 [deg]F (93 [deg]C) and the vapor phase is not greater 
than 103 kPa (15 psig) provided that the Officer in Charge, Marine 
Inspection is satisfied that system overpressure conditions are 
addressed by the owner or operator.
* * * * *

PART 70--GENERAL PROVISIONS

0
39. The authority citation for part 70 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Pub. L. 103-206, 107 Stat. 
2439; 49 U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1; Section 70.01-15 also issued under the authority of 44 
U.S.C. 3507.


Sec.  70.35-5  [Amended]

0
40. In Sec.  70.35-5(a), second sentence, after the words ``examined at 
the'', remove the words ``office of the Commandant'' and add, in their 
place, the words ``Office of the Commandant''.

PART 76--FIRE PROTECTION EQUIPMENT

0
41. The authority citation for part 76 continues to read as follows:

    Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 
Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  76.15-5  [Amended]

0
42. Amend Sec.  76.15-5(e)(3) by removing the words ``paragraph (e)'' 
and adding, in their place, the words ``paragraph (d)''.

PART 112--EMERGENCY LIGHTING AND POWER SYSTEMS

0
43. The authority citation for part 112 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  112.15-5  [Amended]

0
44. Amend Sec.  112.15-5(j) by removing the word ``loran,''.

PART 114--GENERAL PROVISIONS

0
45. The authority citation for part 114 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; Pub. L. 103-206, 107 
Stat. 2439; 49 U.S.C. App. 1804; Department of Homeland Security No. 
0170.1; Sec.  114.900 also issued under 44 U.S.C. 3507.


Sec.  114.600  [Amended]

0
46. Amend Sec.  114.600(b) by removing the words ``3069 Solomons Island 
Road, Edgewater, MD 21037'' and adding, in their place, the words ``613 
Third Street, Suite 10, Annapolis, MD 21403''.

PART 121--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
47. The authority citation for part 121 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  121.510  [Amended]

0
48. Amend Sec.  121.510(a)(7) by removing the words ``LORAN 
coordinates,''.

PART 129--ELECTRICAL INSTALLATIONS

0
49. The authority citation for part 129 continues to read as follows:

    Authority: 46 U.S.C. 3306; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  129.110  [Amended]

0
50. Amend Sec.  129.110 by removing the word ``part'' and adding, in 
its place, the word ``subchapter''.

PART 131--OPERATIONS

0
51. The authority citation for part 131 continues 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; Department of Homeland Security Delegation No. 0170.1.


Sec.  131.890  [Amended]

0
52. Amend Sec.  131.890 by removing the word ``Transponder'' and 
adding, in its place, the word ``Transmitter''.

PART 150--COMPATIBILITY OF CARGOES

0
53. The authority citation for part 150 continues to read as follows:

    Authority: 46 U.S.C. 3306, 3703; Department of Homeland Security 
Delegation No. 0170.1. Section 150.105 issued under 44 U.S.C. 3507; 
Department of Homeland Security Delegation No. 0170.1.

Table 1 to Part 150 [Amended]

0
54. In Table 1 to Part 150, in the ``Footnote'' column, remove the 
numeral ``2'' for each row that includes the following in the 
``Chemical name'' column:
0
a. Alkyl acrylate-Vinyl pyridine copolymer in Toluene
0
b. Alkyl(C3-C4)benzenes
0
c. Alkyl(C5-C8)benzenes
0
d. Alkyl(C9+)benzenes
0
e. Alkylbenzene, Alkylindane, Alkylindene mixture (each C12-C17)
0
f. Benzene hydrocarbon mixtures (having 10% Benzene or more)
0
g. Butylbenzene, see Alky(C3-C4)benzenes
0
h. Butyl phenol, Formaldehyde resin in Xylene
0
i. Butyl toluene
0
j. Cymene
0
k. Decylbenzene, see Alkyl(C9+) benzenes
0
l. Dialkyl(C10-C14) benzenes, see Alkyl(C9+) benzenes
0
m. Dichloromethane
0
n. Diethylbenzene
0
o. Diisopropylbenzene
0
p. Diisopropyl naphthalene
0
q. Diphenyl
0
r. Dodecanol
0
s. Dodecylamine, Tetradecylamine mixture
0
t. Dodecyl hydroxypropyl sulfide
0
u. Ethylbenzene
0
v. Ethyl toluene
0
w. 1-Hexadecylnaphthalene, 1,4-bis(Hexadecyl)naphthalene mixture
0
x. Methyl naphthalene
0
y. Naphthalene
0
z. 1-Phenyl-1-xylyl ethane
0
aa. Poly(2+)cyclic aromatics
0
bb. Polyolefinamine in alkyl(C2-C4)benzenes
0
cc. Sulfuric acid, spent
0
dd. Tetradecylbenzene, see Alkyl(C9+) benzenes
0
ee. Tetrahydronaphthalene
0
ff. Tetramethylbenzene
0
gg. Titanium tetrachloride
0
hh. Toluene
0
ii. Xylene
0
jj. Xylenes, Ethylbenzene mixture

PART 154--SAFETY STANDARDS FOR SELF-PROPELLED VESSELS CARRYING BULK 
LIQUEFIED GASES

0
55. The authority citation for part 154 continues to read as follows:

    Authority: 46 U.S.C. 3703, 9101; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  154.30  [Removed and Reserved]

0
56. Remove and reserve Sec.  154.30.

PART 160--LIFESAVING EQUIPMENT

0
57. The authority citation for part 160 continues to read as follows:


[[Page 60004]]


    Authority: 46 U.S.C. 2103, 3306, 3703 and 4302; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.


Sec.  160.151-57  [Amended]

0
58. Amend Sec.  160.151-57(b)(8) by removing the word ``Transponder'' 
and adding, in its place, the word ``Transmitter''.

PART 177--CONSTRUCTION AND ARRANGEMENT

0
59. The authority citation for part 177 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  177.820  [Amended]

0
60. Amend Sec.  177.820 in paragraphs (d)(1) and (2) by removing the 
words ``3.8 meters'' and adding, in their places, the words ``4.572 
meters''.

PART 184--VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

0
61. The authority citation for part 184 continues to read as follows:

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; Department of Homeland Security Delegation No. 
0170.1.


Sec.  184.510  [Amended]

0
62. Amend Sec.  184.510(a)(7) by removing the words ``LORAN 
coordinates,''.

PART 401--GREAT LAKES PILOTAGE REGULATIONS

0
63. The authority citation for part 401 continues to read as follows:

    Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 
Department of Homeland Security Delegation No. 0170.1; 46 CFR 
401.105 also issued under the authority of 44 U.S.C. 3507.


Sec.  401.110  [Amended]

0
64. Amend Sec.  401.110(a)(9) by removing the text ``CG-54122'' and 
adding, in its place, the text ``CG-5522''.

    Dated: September 17, 2010.
Sandra Selman,
Acting Chief, Office of Regulations and Administrative Law, United 
States Coast Guard.
[FR Doc. 2010-23766 Filed 9-28-10; 8:45 am]
BILLING CODE 9110-04-P

