
[Federal Register Volume 77, Number 120 (Thursday, June 21, 2012)]
[Rules and Regulations]
[Pages 37305-37316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14848]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 1, 2, 27, 40, 45, 66, 80, 83, 84, 85, 100, 101, 110, 
114, 115, 116, 117, 118, 136, 138, 162, 165, and 177

[Docket No. USCG-2012-0306]
RIN 1625-AB86


Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive changes throughout title 33 of 
the Code of Federal Regulations. The purpose of this rule is to make 
conforming amendments and technical corrections to Coast Guard 
navigation and navigable waters regulations. This rule will have no 
substantive effect on the regulated public. These changes are provided 
to coincide with the annual recodification of title 33 on July 1, 2012.

DATES: This final rule is effective June 21, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in 
the

[[Page 37306]]

docket are part of docket USCG-2012-0306 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-2012-0306 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Leo Huott, Coast Guard; telephone 202-372-1027, email 
Leo.S.Huott@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. Abbreviations
II. Regulatory History
III. Background
IV. Basis and Purpose
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 Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

DHS Department of Homeland Security
CFR Code of Federal Regulations
DOT Department of Transportation
FR Federal Register
TSA Transportation Security Administration
OFR Office of the Federal Register
U.S.C. United States Code

II. Regulatory History

    We did not publish a notice of proposed rulemaking for this rule. 
Under 5 U.S.C. 553(b)(A), the Coast Guard finds this rule is exempt 
from notice and comment rulemaking requirements because these changes 
involve rules of agency organization, procedure, or practice. In 
addition, the Coast Guard finds notice and comment procedures are 
unnecessary under 5 U.S.C. 553(b)(B) as this rule consists only of 
corrections and editorial, organizational, and conforming amendments 
and these changes will have no substantive effect on the public. 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.

III. Background

    Each year, the printed edition of title 33 of the Code of Federal 
Regulations (CFR) is recodified on July 1. This rule, which is 
effective June 21, 2012, makes technical and editorial corrections 
throughout title 33. This rule does not create any substantive 
requirements.

IV. Basis and Purpose

    This rule amends 33 CFR part 1 to reflect changes in agency 
organization by adding the authority for District Commanders to 
establish inland waterways navigation regulations within their areas of 
responsibility. In 1999, the Commandant delegated the authority to 
promulgate regulations under 33 U.S.C. 162, Inland Waterways Navigation 
Regulations, to District Commanders without further redelegation. This 
amendment codifies this Commandant delegation.
    Additionally, in 33 CFR part 1, the authority section in subpart 
1.07 is updated to reflect current authorities. The following citations 
are being removed since these are citations with authorities under the 
Department of Transportation (DOT), which no longer apply to the Coast 
Guard: Sec. 6079(d), Public Law 100-690, 102 Stat. 4181, and 49 CFR 
1.46. The following citations are added to the authorities since these 
citations are more relevant to the current civil penalty process: 14 
U.S.C. 92(e), 33 U.S.C. 1321(b)(6)(B), 46 U.S.C. 2103, and Department 
of Homeland Security Delegation No. 0170.1.
    This rule amends Sec.  2.30(b) to reflect the correct citation to 
article 55 of the 1982 United Nations Convention on the Law of the Sea. 
We are removing the citation to article 56 because it speaks to the 
rights, jurisdiction, and duties of the coastal state in the exclusive 
economic zone, but does not reference the definition of exclusive 
economic zones. Article 55 sets out the definition of an exclusive 
economic zone, and is the article relevant to this section.
    This rule revises 33 CFR part 27 to remove all references to 33 
U.S.C. 1319. This statute does not govern the Coast Guard so we may not 
authorize a civil monetary penalty under it. This section also informs 
the public of the maximum civil monetary penalties authorized under 33 
U.S.C. 3852 and 46 U.S.C. 70506.
    This rule revises 33 CFR parts 40 and 45 to reflect changes in 
agency organization by removing 49 CFR 1.46(b) from the authority 
sections in these parts. Because the Coast Guard is no longer a 
component of DOT, delegations from the Secretary of DOT no longer 
apply. The regulation at 49 CFR 1.46(b) currently addresses delegations 
to the Administrator of the Research and Innovative Technology 
Administration, which is a DOT office.
    This rule revises Sec.  66.01-1 by moving current paragraph (a) to 
paragraph (a) of Sec.  66.10-1, which is the proper location. Due to a 
clerical error, the current Sec.  66.01-1 paragraph (a) mistakenly 
replaced the former paragraph (a) in that section. We are now 
correcting that error and restoring the former paragraph (a) to Sec.  
66.01-1 and moving current paragraph (a) in Sec.  66.01-1 to its 
correct location as paragraph (a) of Sec.  66.10-1.
    This rule amends Sec.  80.825 by removing paragraphs (d) and (e) 
from this section. In 1990, the boundary lines of the Mississippi 
Passes, Louisiana were redrawn. The coordinates now located in 
paragraphs (d) and (e) are encompassed by the new boundary lines found 
in paragraphs (a) through (c) so we are removing these superfluous 
coordinates in paragraphs (d) and (e).
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 83. In Sec.  83.10, a space has been removed 
between the heading of the paragraph and the body of the paragraph. In 
Sec.  83.27, a space has been added between ``mine'' and ``clearance'' 
to make them two separate words.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 84. In Sec.  84.01, to avoid any printing 
confusing, cubic meters is replacing meters3. Paragraphs and 
subparagraphs in Sec.  84.03 and Sec.  84.07 use the incorrect Office 
of the Federal Register (OFR) numbering scheme. The incorrect numbering 
scheme is being replaced. In Sec.  84.15, there is a formula for 
intensity of lights. Following this formula, each letter in the formula 
is defined. A colon is being inserted after each letter representation 
and a hard return is added following each colon. The word ``two'' is 
incorrectly spelled as ``tow'' in Sec.  84.17 so the word ``two'' is 
being corrected.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 85. Paragraphs and subparagraphs in Sec.  85.1 
use the incorrect OFR numbering scheme. The incorrect numbering scheme 
is being replaced.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 100. Table 1 in Sec.  100.901 identifies Buffalo 
as a ``Group'' not a ``Sector.'' This is an incorrect identification so 
this section is being

[[Page 37307]]

revised to reflect ``Sector.'' ``Bell'' and ``Russel'' are incorrectly 
spelled in Sec. Sec.  100.912 and 100.916, respectively. The correct 
spellings of ``Belle'' and ``Russell'' are being inserted.
    This rule revises 33 CFR part 101 to remove a reference to an 
outdated assessment tool. On May 16, 2012, the Transportation Security 
Administration (TSA) announced that the TSA Maritime Self-Assessment 
Risk Module, developed to support the Coast Guard's regulatory efforts 
promulgated pursuant to the Maritime Transportation Security Act of 
2002, will no longer be available. Since this assessment tool will no 
longer be available, the reference to this tool in section 101.510(a) 
must be removed.
    This rule amends 33 CFR part 110 to reflect changes in geographic 
coordinates and command boundaries. Based on a previous technical 
amendment, several geographic coordinates were updated in Sec.  110.60. 
Several notes in Sec.  110.155 refer back to Sec.  110.60. Therefore, 
since several geographic coordinates changed in Sec.  110.60, the notes 
in Sec.  110.155 also need to reflect that change. Additionally, in 
1996, the command boundaries for the Captain of the Port Long Island 
were redrawn. Because of this, the anchorage areas in Randall Bay, 
Freeport, and Long Island were redrawn under the command of the Captain 
of the Port Long Island. Section 110.156 is being updated to reflect 
this command change.
    The authority section in 33 CFR part 110 is also revised to correct 
a citation. The delegation of rulemaking authority to establish 
anchorages is cited incorrectly as 33 CFR 1.05-1(g). The citation is 
being changed to reflect that 33 CFR 1.05-1 is the correct authority.
    This rule revises the definitional section in Sec.  114.05 to 
reflect the format in the definitions in Sec.  117.4. The letter 
designations, including the period after each word, are removed. The 
definitions will now read as sentences beginning with the word to be 
defined. The format used in the definitional section in Sec.  117.4 is 
preferred and this change will create format consistency in the two 
sections.
    Additionally, this rule revises Sec.  114.20(a) to replace the 
words ``a tracing'' with the words ``as-built plans.'' This change does 
not change the substance of the regulation but replaces a term of art 
with an updated, more accurate term of art.
    This rule revises 33 CFR part 115 to correct grammatically 
incorrect or passive phrases. In Sec.  115.01, the phrase ``for 
construction of or modification to'' is replaced with active language, 
``to construct or modify.'' The grammar in Sec.  115.05 is corrected by 
replacing the word ``be'' with ``is.''
    In Sec.  115.40, we are replacing the words ``approval of'' with 
``a formal permit action from''. This section addresses the fact that 
bridge repairs do not require permitting if they only replace worn or 
obsolete parts of an already-approved bridge. ``Approved'' is already 
used in the short paragraph and ``a formal permit action'' is a more 
accurate description of the Coast Guard's role. Therefore, this section 
has been changed to incorporate permit instead of approval.
    In Sec.  115.50, we are changing the word ``referred'' to ``refer'' 
as it is grammatically correct.
    In Sec.  115.60, the word ``construction'' is removed from the 
heading. This section focuses on applications for permits to construct, 
modify, or replace bridges. The word ``construction'' in the title does 
not accurately indicate the breadth of the regulation so the word is 
being removed. Also, in paragraph (d) of this section, we are removing 
a comma after the word ``disapproval'' since the comma makes the 
sentence grammatically incorrect.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 116. In Sec.  116.15(a), we are replacing 
``Bridge Administration Program'' with the correct office designation 
of ``Office of Bridge Programs.''
    This rule amends 33 CFR part 117 to correct the current names of 
the following bridges with their accurate names: Main Street (U.S. 17) 
Bridge; Baltimore Harbor-Patapsco Bridge; Debbie's Creek Bridge; 
SR543 Bridge; Beaufort Channel, NC Bridge; and Rancocas River 
(Creek) Bridge. Because we are changing existing bridge names to the 
accurate names, the headings in Sec. Sec.  117.325(a), 117.541, 
117.715, 117.719, 117.745, 117.822, and 117.823 are changed 
accordingly, and the sections are redesignated to follow the 
alphabetical order of state waterways set out in this subpart. Also, in 
Sec.  117.571, ``4.0'' is changed to ``0.4'' to reflect the correct 
mile marker. In Sec.  117.965, ``Bay City'' is changed to ``Bridge 
City'' to reflect the correct location.
    The rules in new Sec. Sec.  117.566 and 117.823 are rewritten to 
clarify bridge operation and appropriate bridge contacts. Although the 
substance of the regulations is unchanged, the revisions make them 
easier to understand.
    The rule amends Sec.  118.160 to include the following language in 
paragraph (b): ``(in the closed to navigation position for 
drawbridges)''. This language will follow the phrase ``the bridge 
channel span''. The substance of the rule is not changing, but 
inserting the additional language makes the regulation clearer.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 136. There are commas missing from the following 
sections in part 136: 136.3, 136.5, and 136.101. We are adding commas 
in the appropriate places in these sections. In Sec.  136.305, we are 
correcting the spelling of the word ``regarding'', and in that same 
section, we are replacing ``of'' with ``and'', which is the appropriate 
conjunction.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 138. In Sec.  138.20, we are adding missing 
commas in the appropriate places. Also in that section, we are adding a 
space between the end of the sentence and the beginning of the next 
sentence.
    This rule corrects non-substantive typographical and spelling 
errors in 33 CFR part 162. In Sec.  162.120, we are correcting the 
spelling of two cities' names.
    This rule amends 33 CFR 165.941 by removing the word ``fireworks'' 
from the section heading. This section speaks to safety zones for 
annual events in the Captain of the Port Detroit Zone. The word 
``fireworks'' in the heading does not accurately indicate the breadth 
of the regulation, which applies to any annual event requiring a safety 
zone. We are also removing paragraph (a)(5) titled ``Alpena Fireworks, 
Alpena, MI'' in its entirety, as it is no longer under the 
responsibility of the Captain of the Port Detroit Zone, and this event 
was moved to another section by a previous rulemaking. This rule also 
rewords the notification section in paragraph (f) to clarify already-
established Coast Guard practice, stating that the Captain of the Port 
``may'' issue, ``if deemed necessary,'' a notice cancelling a safety 
zone, instead of mandating that he or she issue a notice of 
cancellation.
    We are revising an authority in 33 CFR part 177.09(b)(2) to reflect 
a correct citation. There is currently a reference to 46 U.S.C., 
pointing out the authority under which certain civil penalties are 
assessed. Currently, paragraph (b)(2) makes a general reference to this 
title but immediately following that, it incorrectly lists title 43 
instead of 46. We are changing the misquoted reference to 46 U.S.C.
    This rule amends Sec. Sec.  1.05-1(j), 114.50, 165.920(b), and 
100.901 in title 33 to update internal Coast Guard office designations 
as well as certain personnel titles. Changes in personnel titles 
included in this rule are only technical revisions reflecting changes 
in

[[Page 37308]]

agency procedures and organization, and do not indicate new 
authorities.
    Finally, this rule amends Sec. Sec.  114.50, 118.3(b), and 66.01-5 
in title 33 to update various physical addresses for Coast Guard 
offices as well as Web site addresses and contact information.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility.
    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
Because this rule involves non-substantive changes and internal agency 
practices and procedures, it will not impose any additional costs on 
the public.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules 
exempt from the notice and comment requirements of the APA are not 
required to examine the impact of the rule on small entities. 
Nevertheless, 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.
    There is no cost to this rule and we do not expect it to have an 
impact on small entities because the provisions of this rule are 
technical and non-substantive. It will have no substantive effect on 
the public and will impose no additional costs. Therefore, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this final rule will not 
have a significant economic impact on a substantial number of small 
entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Leo Huott by phone at 202-372-1565 or via 
email at Leo.S.Huott@uscg.mil. The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. 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).

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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

[[Page 37309]]

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.

M. 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, paragraphs (34)(a) and (b) of the Instruction. This rule 
involves regulations that are editorial, procedural, or concern 
internal agency functions or organizations. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

33 CFR Part 2

    Administrative practice and procedure, Law enforcement.

33 CFR Part 27

    Administrative practice and procedure, Penalties.

33 CFR Part 40

    Military academies.

33 CFR Part 45

    Military personnel, Reporting and recordkeeping requirements.

33 CFR Part 66

    Intergovernmental relations, Navigation (water), Reporting and 
recordkeeping requirements.

33 CFR Part 80

    Navigation (water), Treaties, Waterways.

33 CFR Parts 83, 84, and 162

    Navigation (water), Waterways.

33 CFR Part 85

    Fishing vessels, Navigation (water), Waterways.

33 CFR Part 100

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

33 CFR Part 101

    Harbors, Maritime security, Reporting and recordkeeping 
requirements, Security measures, Vessels, Waterways.

33 CFR Part 110

    Anchorage grounds.

33 CFR Parts 114, 116, and 117

    Bridges.

33 CFR Part 115

    Administrative practice and procedure, Bridges, Reporting and 
recordkeeping requirements.

33 CFR Part 118

    Bridges.

33 CFR Part 136

    Administrative practice and procedure, Advertising, Claims, Oil 
pollution, Penalties, Reporting and recordkeeping requirements.

33 CFR Part 138

    Hazardous materials transportation, Insurance, Oil pollution, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 165

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

33 CFR Part 177

    Marine safety.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 1, 2, 27, 40, 45, 66, 80, 83, 84, 85, 100, 101, 110, 114, 
115, 116, 117, 118, 136, 138, 162, 165, and 177 as follows:

PART 1--GENERAL PROVISIONS

Subpart 1.05--Rulemaking

0
1. The authority citation for subpart 1.05 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Amend Sec.  1.05-1 as follows:
0
a. Add paragraph (e)(1)(vii) to read as set forth below; and
0
b. In paragraph (j), remove the words ``District Bridge Chief'' 
wherever they appear, and add, in their place, the words ``District 
Bridge Programs Chief''.


Sec.  1.05-1  Delegation of rulemaking authority.

* * * * *
    (e) * * *
    (1) * * *
    (vii) The establishment of inland waterways navigation regulations.
* * * * *

Subpart 1.07-- Enforcement; Civil and Criminal Penalty Proceedings

0
3. The authority citation for subpart 1.07 is revised to read as 
follows:

    Authority: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 U.S.C. 
1321(b)(6)(B); 46 U.S.C. 2103; Department of Homeland Security 
Delegation 0701.1.

PART 2--JURISDICTION

0
4. The authority citation for part 2 continues to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80 
Stat. 931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249, 6 
U.S.C. 101 note and 468; Department of Homeland Security Delegation 
No. 0170.1.


Sec.  2.30  [Amended]

0
5. In Sec.  2.30(b), following the words ``as reflected in Article'', 
remove the number ``56'' and add, in its place, the number ``55''.

PART 27-- ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

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

    Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as amended 
by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 (28 U.S.C. 2461 
note); Department of Homeland Security Delegation No. 0170.1, sec. 2 
(106).

0
7. Revise Sec.  27.3 to read as follows:


Sec.  27.3  Penalty Adjustment Table.

    Table 1 identifies the statutes administered by the Coast Guard 
that authorize a civil monetary penalty. The ``adjusted maximum 
penalty'' is the maximum penalty authorized by the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended, as determined 
by the Coast Guard.

[[Page 37310]]



          Table 1--Civil Monetary Penalty Inflation Adjustments
------------------------------------------------------------------------
                                                          2012 Adjusted
      U.S. Code citation        Civil monetary penalty  maximum  penalty
                                      description          amount  ($)
------------------------------------------------------------------------
14 U.S.C. 88(c)...............  Saving Life and                    8,000
                                 Property.
14 U.S.C. 645(i)..............  Confidentiality of                 4,000
                                 Medical Quality
                                 Assurance Records
                                 (first offense).
14 U.S.C. 645(i)..............  Confidentiality of                30,000
                                 Medical Quality
                                 Assurance Records
                                 (subsequent offenses).
16 U.S.C. 4711(g)(1)..........  Aquatic Nuisance                  35,000
                                 Species in Waters of
                                 the United States.
19 U.S.C. 70..................  Obstruction of Revenue             3,000
                                 Officers by Masters
                                 of Vessels.
19 U.S.C. 70..................  Obstruction of Revenue               700
                                 Officers by Masters
                                 of Vessels--Minimum
                                 Penalty.
19 U.S.C. 1581(d).............  Failure to Stop Vessel             5,000
                                 When Directed;
                                 Master, Owner,
                                 Operator or Person in
                                 Charge \1\.
19 U.S.C. 1581(d).............  Failure to Stop Vessel             1,000
                                 When Directed;
                                 Master, Owner,
                                 Operator or Person in
                                 Charge--Minimum
                                 Penalty \1\.
33 U.S.C. 471.................  Anchorage Ground/                    110
                                 Harbor Regulations
                                 General.
33 U.S.C. 474.................  Anchorage Ground/                    300
                                 Harbor Regulations
                                 St. Mary's River.
33 U.S.C. 495(b)..............  Bridges/Failure to                25,000
                                 Comply with
                                 Regulations \2\.
33 U.S.C. 499(c)..............  Bridges/Drawbridges               25,000
                                 \2\.
33 U.S.C. 502(c)..............  Bridges/Failure to                25,000
                                 Alter Bridge
                                 Obstructing
                                 Navigation \2\.
33 U.S.C. 533(b)..............  Bridges/Maintenance               25,000
                                 and Operation \\.
33 U.S.C. 1208(a).............  Bridge to Bridge                     800
                                 Communication;
                                 Master, Person in
                                 Charge or Pilot.
33 U.S.C. 1208(b).............  Bridge to Bridge                     800
                                 Communication; Vessel.
33 U.S.C. 1232(a).............  PWSA Regulations......            40,000
33 U.S.C. 1236(b).............  Vessel Navigation:                 8,000
                                 Regattas or Marine
                                 Parades; Unlicensed
                                 Person in Charge.
33 U.S.C. 1236(c).............  Vessel Navigation:                 8,000
                                 Regattas or Marine
                                 Parades; Owner
                                 Onboard Vessel.
33 U.S.C. 1236(d).............  Vessel Navigation:                 3,000
                                 Regattas or Marine
                                 Parades; Other
                                 Persons.
33 U.S.C. 1321(b)(6)(B)(i)....  Oil/Hazardous                     15,000
                                 Substances:
                                 Discharges (Class I
                                 per violation).
33 U.S.C. 1321(b)(6)(B)(i)....  Oil/Hazardous                     40,000
                                 Substances:
                                 Discharges (Class I
                                 total under
                                 paragraph).
33 U.S.C. 1321(b)(6)(B)(ii)...  Oil/Hazardous                     15,000
                                 Substances:
                                 Discharges (Class II
                                 per day of violation).
33 U.S.C. 1321(b)(6)(B)(ii)...  Oil/Hazardous                    190,000
                                 Substances:
                                 Discharges (Class II
                                 total under
                                 paragraph).
33 U.S.C. 1321(b)(7)(A).......  Oil/Hazardous                     40,000
                                 Substances:
                                 Discharges (per day
                                 of violation)
                                 Judicial Assessment.
33 U.S.C. 1321(b)(7)(A).......  Oil/Hazardous                      1,100
                                 Substances:
                                 Discharges (per
                                 barrel of oil or unit
                                 discharged) Judicial
                                 Assessment.
33 U.S.C. 1321(b)(7)(B).......  Oil/Hazardous                     40,000
                                 Substances: Failure
                                 to Carry Out Removal/
                                 Comply With Order
                                 (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C).......  Oil/Hazardous                     40,000
                                 Substances: Failure
                                 to Comply with
                                 Regulation Issued
                                 Under 1321(j)
                                 (Judicial Assessment).
33 U.S.C. 1321(b)(7)(D).......  Oil/Hazardous                      4,000
                                 Substances:
                                 Discharges, Gross
                                 Negligence (per
                                 barrel of oil or unit
                                 discharged) Judicial
                                 Assessment.
33 U.S.C. 1321(b)(7)(D).......  Oil/Hazardous                    130,000
                                 Substances:
                                 Discharges, Gross
                                 Negligence--Minimum
                                 Penalty (Judicial
                                 Assessment).
33 U.S.C. 1322(j).............  Marine Sanitation                  3,000
                                 Devices; Operating.
33 U.S.C. 1322(j).............  Marine Sanitation                  8,000
                                 Devices; Sale or
                                 Manufacture.
33 U.S.C. 1608(a).............  International                      8,000
                                 Navigation Rules;
                                 Operator.
33 U.S.C. 1608(b).............  International                      8,000
                                 Navigation Rules;
                                 Vessel.
33 U.S.C. 1908(b)(1)..........  Pollution from Ships;             40,000
                                 General.
33 U.S.C. 1908(b)(2)..........  Pollution from Ships;              8,000
                                 False Statement.
33 U.S.C. 2072(a).............  Inland Navigation                  8,000
                                 Rules; Operator.
33 U.S.C. 2072(b).............  Inland Navigation                  8,000
                                 Rules; Vessel.
33 U.S.C. 2609(a).............  Shore Protection;                 40,000
                                 General.
33 U.S.C. 2609(b).............  Shore Protection;                 15,000
                                 Operating Without
                                 Permit.
33 U.S.C. 2716a(a)............  Oil Pollution                     40,000
                                 Liability and
                                 Compensation.
33 U.S.C. 3852(a)(1)(A).......  Clean Hulls; Civil                37,500
                                 Enforcement.
33 U.S.C. 3852(a)(1)(B).......  Clean Hulls; Civil                50,000
                                 Enforcement.
42 U.S.C. 9609(a).............  Hazardous Substances,             35,000
                                 Releases, Liability,
                                 Compensation (Class
                                 I).
42 U.S.C. 9609(b).............  Hazardous Substances,             35,000
                                 Releases, Liability,
                                 Compensation (Class
                                 II).
42 U.S.C. 9609(b).............  Hazardous Substances,            100,000
                                 Releases, Liability,
                                 Compensation (Class
                                 II subsequent
                                 offense).
42 U.S.C. 9609(c).............  Hazardous Substances,             35,000
                                 Releases, Liability,
                                 Compensation
                                 (Judicial Assessment).
42 U.S.C. 9609(c).............  Hazardous Substances,            100,000
                                 Releases, Liability,
                                 Compensation
                                 (Judicial Assessment
                                 subsequent offense).
46 U.S.C. App 1505(a)(2)......  Safe Containers for                8,000
                                 International Cargo.
46 U.S.C. App 1712(a).........  International Ocean                6,000
                                 Commerce
                                 Transportation--Commo
                                 n Carrier Agreements
                                 per violation.
46 U.S.C. App 1712(a).........  International Ocean               30,000
                                 Commerce
                                 Transportation--Commo
                                 n Carrier Agreements
                                 per violation--
                                 Willfull violation.
46 U.S.C. App 1712(b).........  International Ocean               60,000
                                 Commerce
                                 Transportation--Commo
                                 n Carrier Agreements--
                                 Fine for tariff
                                 violation (per
                                 shipment).
46 U.S.C. App 1805(c)(2)......  Suspension of                     70,000
                                 Passenger Service.
46 U.S.C. 2110(e).............  Vessel Inspection or               8,000
                                 Examination Fees.
46 U.S.C. 2115................  Alcohol and Dangerous              7,000
                                 Drug Testing.
46 U.S.C. 2302(a).............  Negligent Operations:              6,000
                                 Recreational Vessels.
46 U.S.C. 2302(a).............  Negligent Operations:             30,000
                                 Other Vessels.

[[Page 37311]]

 
46 U.S.C. 2302(c)(1)..........  Operating a Vessel                 7,000
                                 While Under the
                                 Influence of Alcohol
                                 or a Dangerous Drug.
46 U.S.C. 2306(a)(4)..........  Vessel Reporting                   8,000
                                 Requirements: Owner,
                                 Charterer, Managing
                                 Operator, or Agent.
46 U.S.C. 2306(b)(2)..........  Vessel Reporting                   1,100
                                 Requirements: Master.
46 U.S.C. 3102(c)(1)..........  Immersion Suits.......             8,000
46 U.S.C. 3302(i)(5)..........  Inspection Permit.....             1,100
46 U.S.C. 3318(a).............  Vessel Inspection;                 8,000
                                 General.
46 U.S.C. 3318(g).............  Vessel Inspection;                 8,000
                                 Nautical School
                                 Vessel.
46 U.S.C. 3318(h).............  Vessel Inspection;                 1,100
                                 Failure to Give
                                 Notice IAW 3304(b).
46 U.S.C. 3318(i).............  Vessel Inspection;                 1,100
                                 Failure to Give
                                 Notice IAW 3309(c).
46 U.S.C. 3318(j)(1)..........  Vessel Inspection;                15,000
                                 Vessel >=1600 Gross
                                 Tons.
46 U.S.C. 3318(j)(1)..........  Vessel Inspection;                 3,000
                                 Vessel <1600 Gross
                                 Tons.
46 U.S.C. 3318(k).............  Vessel Inspection;                15,000
                                 Failure to Comply
                                 with 3311(b).
46 U.S.C. 3318(l).............  Vessel Inspection;                 8,000
                                 Violation of 3318(b)-
                                 3318(f).
46 U.S.C. 3502(e).............  List/count of                        110
                                 Passengers.
46 U.S.C. 3504(c).............  Notification to                   15,000
                                 Passengers.
46 U.S.C. 3504(c).............  Notification to                      800
                                 Passengers; Sale of
                                 Tickets.
46 U.S.C. 3506................  Copies of Laws on                    300
                                 Passenger Vessels;
                                 Master.
46 U.S.C. 3718(a)(1)..........  Liquid Bulk/Dangerous             40,000
                                 Cargo.
46 U.S.C. 4106................  Uninspected Vessels...             8,000
46 U.S.C. 4311(b)(1)..........  Recreational Vessels             300,000
                                 (maximum for related
                                 series of violations).
46 U.S.C. 4311(b)(1)..........  Recreational Vessels;              6,000
                                 Violation of 4307(a).
46 U.S.C. 4311(c).............  Recreational vessels..             1,100
46 U.S.C. 4507................  Uninspected Commercial             8,000
                                 Fishing Industry
                                 Vessels.
46 U.S.C. 4703................  Abandonment of Barges.             1,100
46 U.S.C. 5116(a).............  Load Lines............             8,000
46 U.S.C. 5116(b).............  Load Lines; Violation             15,000
                                 of 5112(a).
46 U.S.C. 5116(c).............  Load Lines; Violation              8,000
                                 of 5112(b).
46 U.S.C. 6103(a).............  Reporting Marine                  35,000
                                 Casualties.
46 U.S.C. 6103(b).............  Reporting Marine                   8,000
                                 Casualties; Violation
                                 of 6104.
46 U.S.C. 8101(e).............  Manning of Inspected               1,100
                                 Vessels; Failure to
                                 Report Deficiency in
                                 Vessel Complement.
46 U.S.C. 8101(f).............  Manning of Inspected              15,000
                                 Vessels.
46 U.S.C. 8101(g).............  Manning of Inspected              15,000
                                 Vessels; Employing or
                                 Serving in Capacity
                                 not Licensed by USCG.
46 U.S.C. 8101(h).............  Manning of Inspected               1,100
                                 Vessels; Freight
                                 Vessel <100 GT, Small
                                 Passenger Vessel, or
                                 Sailing School Vessel.
46 U.S.C. 8102(a).............  Watchmen on Passenger              1,100
                                 Vessels.
46 U.S.C. 8103(f).............  Citizenship                          800
                                 Requirements.
46 U.S.C. 8104(i).............  Watches on Vessels;               15,000
                                 Violation of 8104(a)
                                 or (b).
46 U.S.C. 8104(j).............  Watches on Vessels;               15,000
                                 Violation of 8104(c),
                                 (d), (e), or (h).
46 U.S.C. 8302(e).............  Staff Department on                  110
                                 Vessels.
46 U.S.C. 8304(d).............  Officer's Competency                 110
                                 Certificates.
46 U.S.C. 8502(e).............  Coastwise Pilotage;               15,000
                                 Owner, Charterer,
                                 Managing Operator,
                                 Agent, Master or
                                 Individual in Charge.
46 U.S.C. 8502(f).............  Coastwise Pilotage;               15,000
                                 Individual.
46 U.S.C. 8503................  Federal Pilots........            40,000
46 U.S.C. 8701(d).............  Merchant Mariners                    800
                                 Documents.
46 U.S.C. 8702(e).............  Crew Requirements.....            15,000
46 U.S.C. 8906................  Small Vessel Manning..            35,000
46 U.S.C. 9308(a).............  Pilotage: Great Lakes;            15,000
                                 Owner, Charterer,
                                 Managing Operator,
                                 Agent, Master or
                                 Individual in Charge.
46 U.S.C. 9308(b).............  Pilotage: Great Lakes;            15,000
                                 Individual.
46 U.S.C. 9308(c).............  Pilotage: Great Lakes;            15,000
                                 Violation of 9303.
46 U.S.C. 10104(b)............  Failure to Report                  8,000
                                 Sexual Offense.
46 U.S.C. 10314(a)(2).........  Pay Advances to Seamen               800
46 U.S.C. 10314(b)............  Pay Advances to                      800
                                 Seamen; Remuneration
                                 for Employment.
46 U.S.C. 10315(c)............  Allotment to Seamen...               800
46 U.S.C. 10321...............  Seamen Protection;                 7,000
                                 General.
46 U.S.C. 10505(a)(2).........  Coastwise Voyages:                 7,000
                                 Advances.
46 U.S.C. 10505(b)............  Coastwise Voyages:                 7,000
                                 Advances;
                                 Remuneration for
                                 Employment.
46 U.S.C. 10508(b)............  Coastwise Voyages:                 7,000
                                 Seamen Protection;
                                 General.
46 U.S.C. 10711...............  Effects of Deceased                  300
                                 Seamen.
46 U.S.C. 10902(a)(2).........  Complaints of                        800
                                 Unfitness.
46 U.S.C. 10903(d)............  Proceedings on                       110
                                 Examination of Vessel.
46 U.S.C. 10907(b)............  Permission to Make                   800
                                 Complaint.
46 U.S.C. 11101(f)............  Accommodations for                   800
                                 Seamen.
46 U.S.C. 11102(b)............  Medicine Chests on                   800
                                 Vessels.
46 U.S.C. 11104(b)............  Destitute Seamen......               110
46 U.S.C. 11105(c)............  Wages on Discharge....               800

[[Page 37312]]

 
46 U.S.C. 11303(a)............  Log Books; Master                    300
                                 Failing to Maintain.
46 U.S.C. 11303(b)............  Log Books; Master                    300
                                 Failing to Make Entry.
46 U.S.C. 11303(c)............  Log Books; Late Entry.               200
46 U.S.C. 11506...............  Carrying of Sheath                    80
                                 Knives.
46 U.S.C. 12151(a)............  Documentation of                  15,000
                                 Vessels (violation
                                 per day).
46 U.S.C. 12151(c)............  Engaging in Fishing              130,000
                                 After Falsifying
                                 Eligibility (fine per
                                 day).
46 U.S.C. 12309(a)............  Numbering of                       6,000
                                 Undocumented Vessels--
                                 Willfull violation.
46 U.S.C. 12309(b)............  Numbering of                       1,100
                                 Undocumented Vessels.
46 U.S.C. 12507(b)............  Vessel Identification             15,000
                                 System.
46 U.S.C. 14701...............  Measurement of Vessels            30,000
46 U.S.C. 14702...............  Measurement; False                30,000
                                 Statements.
46 U.S.C. 31309...............  Commercial Instruments            15,000
                                 and Maritime Liens.
46 U.S.C. 31330(a)(2).........  Commercial Instruments            15,000
                                 and Maritime Liens;
                                 Mortgagor.
46 U.S.C. 31330(b)(2).........  Commercial Instruments            35,000
                                 and Maritime Liens;
                                 Violation of 31329.
46 U.S.C. 70119...............  Port Security.........            30,000
46 U.S.C. 70119(b)............  Port Security--                   50,000
                                 Continuing Violations.
46 U.S.C. 70506...............  Maritime Drug Law                  5,000
                                 Enforcement;
                                 Penalties.
49 U.S.C. 5123(a)(1)..........  Hazardous Materials:              60,000
                                 Related to Vessels--
                                 Maximum Penalty.
49 U.S.C. 5123(a)(1)..........  Hazardous Materials:                 300
                                 Related to Vessels--
                                 Minimum Penalty.
49 U.S.C. 5123(a)(2)..........  Hazardous Materials:             110,000
                                 Related to Vessels--
                                 Penalty from
                                 Fatalities, Serious
                                 Injuries/Illness or
                                 substantial Damage to
                                 Property.
------------------------------------------------------------------------
Note: The changes in Civil Penalties for calendar year 2012, shown
  above, are based on the change in CPI-U from June 2009 to June 2010.
  The recorded change in CPI-U during that period was 1.05%. Because of
  the small change in CPI-U and the required rules for rounding, there
  was no change to any of the maximum penalty amounts from the previous
  adjustment.
\1\ Enacted under the Tariff Act of 1930, exempt from inflation
  adjustments.
\2\ These penalties increased in accordance with the statute to $10,000
  in 2005, $15,000 in 2006, $20,000 in 2007, and $25,000 in 2008 and
  thereafter.

PART 40--CADETS OF THE COAST GUARD

0
8. The authority citation for part 40 is revised to read as follows:

    Authority: 14 U.S.C. 182 and 633.

PART 45--ENLISTMENT OF PERSONNEL

0
9. The authority citation for part 45 is revised to read as follows:

    Authority: 14 U.S.C. 351, 371; Pub. L. 107-296, 116 Stat. 2135.

PART 66--PRIVATE AIDS TO NAVIGATION

0
10. The authority citation for part 66 continues to read as follows:

    Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 1333; Pub. L. 107-
296, 116 Stat. 2135; Department of Homeland Security Delegation No. 
0170.1.


0
11. In Sec.  66.01-1, revise paragraph (a) to read as follows:


Sec.  66.01-1  Basic provisions.

    (a) No person, public body, or instrumentality not under the 
control of the Commandant, exclusive of the Armed Forces, will 
establish and maintain, discontinue, change or transfer ownership of 
any aid to maritime navigation, without first obtaining permission to 
do so from the Commandant.
* * * * *


Sec.  66.01-5   [Amended]

0
12. In Sec.  66.01-5 introductory text, following the text ``CG-2554 
at'', remove the text `` http://www.uscgboating.org/safety/aton/aids.htm'', and add, in its place, the text ``http://www.uscg.mil/forms/form_public_use.asp''.

0
13. Amend Sec.  66.10-1 as follows:
0
a. Redesignate paragraphs (a) and (b) as paragraphs (b) and (c), 
respectively; and
0
b. Add new paragraph (a) to read as follows:


Sec.  66.10-1  General.

    (a) The Uniform State Waterway Marking System's (USWMS) aids to 
navigation provisions for marking channels and obstructions (see Sec.  
66.10-15) may be used in those navigable waters of the U.S. that have 
been designated as state waters for private aids to navigation and in 
those internal waters that are non-navigable waters of the U.S. All 
other provisions for the use of regulatory markers and other aids to 
navigation must be in accordance with United States Aid to Navigation 
System, described in part 62 of this subchapter.
* * * * *

PART 80--COLREGS DEMARCATION LINES

0
14. The authority citation for part 80 is revised to read as follows:

    Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).


Sec.  80.155  [Amended]

0
15. In Sec.  80.155(g), remove the word ``Nichols'' and add, in its 
place, the word ``Nicholl''.


Sec.  80.825  [Amended]

0
16. In Sec.  80.825, remove paragraphs (d) and (e).

PART 83--RULES

0
17. The authority citation for part 83 continues to read as follows:

    Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1028 (33 U.S.C. 
2001); Department of Homeland Security Delegation No. 0170.1.

0
18. In Sec.  83.10, revise paragraph (l) to read as follows:


Sec.  83.10  Traffic separation schemes (Rule 10).

* * * * *
    (l) Exemption; laying, servicing, or picking up submarine cable. A 
vessel restricted in her ability to maneuver when engaged in an 
operation for the laying, servicing, or picking up of a submarine 
cable, within a traffic

[[Page 37313]]

separation scheme, is exempted from complying with this rule to the 
extent necessary to carry out the operation.


Sec.  83.27  [Amended]

0
19. In Sec.  83.27(f), remove the word ``mineclearance'' wherever it 
appears, and add, in its place, the words ``mine clearance''.

PART 84--ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND 
SHAPES

0
20. The authority citation for part 84 continues to read as follows:

    Authority: 33 U.S.C. 2071; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  84.01  [Amended]

0
21. In Sec.  84.01(b), following the text ``design waterline ('', 
remove the text ``meters3'', and add, in its place, the text 
``cubic meters''.


Sec.  84.03  [Amended]

0
22. In Sec.  84.03(f)(2), following the text ``Rule 27(b)'', remove the 
text ``(i)'', and add, in its place, the text ``(1)''.


Sec.  84.07  [Amended]

0
23. Amend Sec.  84.07 as follows:
0
a. In paragraph (a), remove the text ``Rule 26 (c)(ii)'', and add, in 
its place, the text ``Rule 26(c)(2)''; and remove the text ``Rule 
26(c)(i)'', and add, in its place, the text ``Rule 26(c)(1)''; and
0
b. In paragraph (b), remove the text ``Rule 27(d)(i) and (ii)'', and 
add, in its place, the text ``Rule 27(d)(1) and (2)''; and remove the 
text ``Rule 27(b)(i) and (ii)'' wherever it appears, and add, in its 
place, the text ``Rule 27(b)(1) and (2)''.

0
24. Revise Sec.  84.15(a) to read as follows:


Sec.  84.15  Intensity of lights.

    (a) The minimum luminous intensity of lights will be calculated by 
using the formula:

I = 3.43 x 10\6\ x T x D\2\ x K-D

where I is luminous intensity in candelas under service conditions,
T is threshold factor 2 x 10-7 lux,
D is range of visibility (luminous range) of the light in nautical 
miles,
K is atmospheric transmissivity. For prescribed lights the value of 
K will be 0.8, corresponding to a meteorological visibility of 
approximately 13 nautical miles.
* * * * *


Sec.  84.17  [Amended]

0
25. In Sec.  84.17(c) ``Note to paragraph (c)'', remove the word 
``Tow'', and add, in its place, the word ``Two''.

PART 85--ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING 
IN CLOSE PROXIMITY

0
26. The authority citation for part 85 is revised to read as follows:

    Authority: Sec. 3, Pub. L. 96-591.


Sec.  85.1  [Amended]

0
27. In Sec.  85.1, remove the text ``Rule 26(b)(i) and (c)(i)'', and 
add, in its place, the text ``Rule 26(b)(1) and (c)(1)''.

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
28. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.


Sec.  100.901  [Amended]

0
29. In Sec.  100.901 ``Table 1'', remove the words ``Group Buffalo'', 
and add, in their place, the words ``Sector Buffalo''.

0
30. Revise the heading of Sec.  100.912 to read as follows:


Sec.  100.912  Detroit Belle Isle Grand Prix, Detroit MI.

* * * * *


Sec.  100.916  [Amended]

0
31. In Sec.  100.916(a), remove the word ``Russel'' wherever it 
appears, and add, in its place, the word ``Russell''.

PART 101--MARITIME SECURITY: GENERAL

0
32. The authority citation for part 101 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33 
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation Number 0170.1.


0
33. Revise Sec.  101.510 to read as follows:


Sec.  101.510  Assessment tools.

    Ports, vessels, and facilities required to conduct security 
assessments by part 103, 104, 105, or 106 of this subchapter may use 
any assessment tool that meets the standards set out in part 103, 104, 
105, or 106, as applicable. These tools may include USCG assessment 
tools, which are available from the cognizant COTP or at http://www.uscg.mil/hq/g-m/nvic, as set out in the following:
    (a) Navigation and Vessel Inspection Circular titled, ``Guidelines 
for Port Security Committees, and Port Security Plans Required for U.S. 
Ports'' (NVIC 9-02 change 2);
    (b) Navigation and Vessel Inspection Circular titled, ``Security 
Guidelines for Vessels'', (NVIC 10-02 change 1); and
    (c) Navigation and Vessel Inspection Circular titled, ``Security 
Guidelines for Facilities'', (NVIC 11-02 change 1).

PART 110--ANCHORAGE REGULATIONS

0
34. The authority citation for part 110 is revised to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.


0
35. In Sec.  110.155, revise the notes following paragraphs (a)(2), 
(a)(3), (f)(3), and (h)(4) to read as follows:


Sec.  110.155  Port of New York.

    (a) * * *
    (2) * * *

    Note to paragraph (a)(2):  The special anchorage area in this 
anchorage is described in Sec.  110.60.

    (3) * * *

    Note to paragraph (a)(3):  The special anchorage area in this 
anchorage is described in Sec.  110.60.


* * * * *
    (f) * * *
    (3) * * *

    Note to paragraph (f)(3):  The special anchorage area in this 
anchorage is described in Sec.  110.60.

* * * * *
    (h) * * *
    (4) * * *

    Note to paragraph (h)(4):  The special anchorage area in this 
anchorage is described in Sec.  110.60.

* * * * *


Sec.  110.156  [Amended]

0
36. In Sec.  110.156(b)(1) following the words ``Captain of the Port 
of'', remove the words ``New York'', and add, in their place, the words 
``Long Island Sound''.

PART 114--GENERAL

0
37. The authority citation for part 114 continues 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. 633; 49 U.S.C. 1655(g); Pub. L. 107-
296, 116 Stat. 2135; 33 CFR 1.05-1 and 1.01-60, Department of 
Homeland Security Delegation Number 0170.1.


0
38. Revise Sec.  114.05 to read as follows:


Sec.  114.05  Definitions.

    The following definitions apply to this subchapter:
    Approved means approved by the Commandant unless otherwise stated.

[[Page 37314]]

    Bridge means a structure erected across navigable waters of the 
United States, and includes causeways, approaches, fenders, and other 
appurtenances thereto.
    Coast Guard District Commander or District Commander means an 
officer of the Coast Guard designated as such by the Commandant to 
command all Coast Guard activities within his or her district. (See 
part 3 of this chapter for descriptions of Coast Guard Districts.)
    Commandant means Commandant, U.S. Coast Guard, Department of 
Homeland Security, Washington, DC 20593.
    Deputy Commandant for Operations means the officer of the Coast 
Guard designated by the Commandant as the staff officer in charge of 
``Operations'' (DCO), U.S. Coast Guard Headquarters.
    District Office or Coast Guard District Office means the Office of 
the Commander of a Coast Guard District.
    Headquarters or Coast Guard Headquarters means the Office of the 
Commandant, U.S. Coast Guard, Department of Homeland Security, 
Washington, DC 20593-7000.
    Permit means the license permitting construction of bridges and 
approaches thereto in or over navigable waters of the United States, 
issued under the rules and regulations in this subchapter.
    Secretary means the Secretary of Homeland Security or any person to 
whom he or she has delegated his or her authority in the matter 
concerned.
    United States Coast Guard or Coast Guard means the organization or 
agency established by the Act of January 28, 1915, as amended (14 
U.S.C. 1).


Sec.  114.20  [Amended]

0
39. In Sec.  114.20(a), following the text ``required to furnish'', 
remove the text ``a tracing'' and add, in its place, the text ``as-
built plans''.


Sec.  114.50  [Amended]

0
40. Amend Sec.  114.50 as follows:
0
a. Remove the text ``(CG-551)'', and add, in its place, the text ``(CG-
BRG)'';
0
b. Following the text ``2nd St. SW., Stop'' remove the text ``7683'' 
and add, in its place, the text ``7580''; and
0
c. Following the text ``DC 20593-'', remove the text ``7683'', and add, 
in its place, the text ``7580''.

PART 115--BRIDGE LOCATIONS AND CLEARANCES; ADMINISTRATIVE 
PROCEDURES

0
41. The authority citation for part 115 is revised to read as follows:

    Authority: c. 425, sec. 9, 30 Stat. 1151 (33 U.S.C. 401); c. 
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); c. 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. 633.


Sec.  115.01  [Amended]

0
42. In Sec.  115.01, following the words ``a permit'', remove the words 
``for construction of or modification to'', and add, in their place, 
the words ``to construct or modify''.


Sec.  115.05  [Amended]

0
43. In Sec.  115.05, following the words ``authority. If there'', 
remove the word ``be'', and add, in its place, the word ``is''.


Sec.  115.40  [Amended]

0
44. In Sec.  115.40, following the words ``routine maintenance 
without'', remove the words ``approval of'', and add, in their place, 
the words ``a formal permit action from''.


Sec.  115.50  [Amended]

0
45. In Sec.  115.50(h)(1), following the words ``in feet and'', remove 
the word ``referred'', and add, in its place, the word ``refer''.

0
46. Amend Sec.  115.60 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraph (a), following the words ``construction of the bridge, 
reviews'', remove the text ``,''; and
0
c. In paragraph (d)(3), following the text ``reasons for the 
disapproval'', remove the text ``,''.


Sec.  115.60  Procedures for handling applications for bridge 
construction permits.

* * * * *

PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES

0
47. The authority citation for part 116 is revised to read as follows:

    Authority:  33 U.S.C. 401, 521.


Sec.  116.15  [Amended]

0
48. In Sec.  116.15(a), remove the words ``Bridge Administration 
Program'', and add, in their place, the words ``Office of Bridge 
Programs''.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
49. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.325  [Amended]

0
50. In Sec.  117.325(a), remove the text ``(US 17)'', and add, in its 
place, the text ``(US 1/SR 90)''.


Sec.  117.541  [Redesignated as Sec.  117.566]

0
51. Redesignate Sec.  117.541 as Sec.  117.566.

0
52. In newly redesignated Sec.  117.566, revise the section heading and 
paragraph (a) to read as follows:


Sec.  117.566  Patapsco River--Middle Branch.

    (a) The draw of the Hanover Street S2 bridge, mile 12.0 across the 
Middle Branch of the Patapsco River at Baltimore, will open on signal 
from 5 a.m. to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 p.m. to 9:00 p.m. 
The draw need not be opened from 6:30 a.m. to 9:30 a.m. and 4 p.m. to 6 
p.m.; however, fire boats, police boats, and other vessels engaged in 
emergency operations will be passed immediately during this period. 
When a vessel desires to pass the draw from 9 p.m. to 5 a.m., notice 
will be given to the superintendent of the bridge, either at the bridge 
before 9 p.m. or at the superintendent's residence after 9 p.m. If the 
notice is given from 5 a.m. to 9 p.m. or if at least one half hour has 
elapsed since the notice was given, the draw will open promptly at the 
time requested.
* * * * *


Sec.  117.571  [Amended]

0
53. In Sec.  117.571 introductory text, remove ``4.0'', and add, in its 
place, the text ``0.4''.


Sec.  117.719  [Redesignated as Sec.  117.718]

0
54. Redesignate Sec.  117.719 as Sec.  117.718.


Sec.  117.715  [Redesignated as Sec.  117.719]

0
55. Redesignate Sec.  117.715 as 117.719.


Sec.  117.719  [Amended]

0
56. In newly redesignated Sec.  117.719, revise the section heading to 
read as follows:


Sec.  117.719  Glimmer Glass (Debbie's Creek).

* * * * *


Sec.  117.745  [Amended]

0
57. Amend Sec.  117.745 as follows:
0
a. Revise the section heading to read as set forth below; and
0
b. In paragraph (b) introductory text, remove the text ``SR543 
Drawbridge'', and add, in its place, the text ``Riverside-Delanco/SR 
543 Drawbridge''.


Sec.  117.745  Rancocas Creek.

* * * * *

[[Page 37315]]

Sec.  117.822  [Removed]

0
58. Remove Sec.  117.822.


Sec.  117.823  [Redesignated as Sec.  117.822]

0
59. Redesignate Sec.  117.823 as Sec.  117.822.

0
60. Add Sec.  117.823 to read as follows:


Sec.  117.823  Gallants Channel.

    The draw of the US 70 bridge, mile 0.1, at Beaufort, will open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open on the hour and 
on the half hour; except that Monday through Friday the bridge need not 
open between the hours of 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge will open on signal.


Sec.  117.965  [Amended]

0
61. In Sec.  117.965, following the text ``mile 4.5 at'', remove the 
text ``Bay'', and add, in its place, the text ``Bridge''.

PART 118--BRIDGE LIGHTING AND OTHER SIGNALS

0
62. The authority citation for part 118 continues to read as follows:

    Authority:  33 U.S.C. 494; 14 U.S.C. 85, 633; Department of 
Homeland Security Delegation No. 0170.1.


Sec.  118.3  [Amended]

0
63. In Sec.  118.3(b) following the text ``2100 2nd St. SW., Stop'', 
remove the text ``7683'' and add, in its place, the text ``7580''; and 
following the text ``DC 20593-'', remove the text ``7683'' and add, in 
its place, the text ``7580''.


Sec.  118.160  [Amended]

0
64. In Sec.  118.160(b), following the words ``the bridge channel 
span'', add the words ``(in the closed to navigation position for 
drawbridges)''.

PART 136--OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; 
DESIGNATION OF SOURCE; AND ADVERTISEMENT

0
65. The authority citation for part 136 continues to read as follows:

    Authority:  33 U.S.C. 2713(e) and 2714; Sec. 1512 of the 
Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov. 25, 
2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 68 FR 10619, 3 
CFR, 2004 Comp., p. 166; Department of Homeland Security Delegation 
No. 0170.1, para. 2(80).


Sec.  136.3  [Amended]

0
66. In Sec.  136.3, following the text ``from the Director'', add the 
text ``,''.


Sec.  136.5  [Amended]

0
67. In Sec.  136.5(b), in the definition of ``NPFC'', following the 
text ``means the Director'', add the text ``,''.


Sec.  136.101  [Amended]

0
68. In Sec.  136.101(b), following the text ``received at the 
Director'', add the text ``,''.


Sec.  136.305  [Amended]

0
69. Amend Sec.  136.305 as follows:
0
a. In paragraph (b)(3), following the words ``The type'', remove the 
word ``of'', and add, in its place, the word ``and''; and
0
b. In paragraph (b)(6), following the words ``whom further 
communication'', remove the word ``regrading'', and add, in its place, 
the word ``regarding''.

PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) 
AND OPA 90 LIMITS OF LIABILITY (VESSELS AND DEEPWATER PORTS)

0
70. The authority citation for part 138 continues to read as follows:

    Authority:  33 U.S.C. 2704; 33 U.S.C. 2716, 2716a; 42 U.S.C. 
9608, 9609; Sec. 1512 of the Homeland Security Act of 2002, Public 
Law 107-296, Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 
552(d)); E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 198; E.O. 
12777, Sec. 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, 
68 FR 10619, 3 CFR, 2004 Comp., p. 166; Department of Homeland 
Security Delegation Nos. 0170.1 and 5110. Section 138.30 also issued 
under the authority of 46 U.S.C. 2103 and 14302.


Sec.  138.20  [Amended]

0
71. Amend Sec.  138.20(b) as follows:
0
a. In the definition of ``Application'', following the text ``U.S. 
Coast Guard'', add the text ``,'';
0
b. In the definition of ``Certificant'', following the text ``U.S. 
Coast Guard'', add the text ``,''; and
0
c. In the definition of ``E-COFR'', remove the text ``http://www.npfc.gov/cofr'', and add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.


Sec.  138.40  [Amended]

0
72. In Sec.  138.40, remove the text ``http://www.npfc.gov/cofr'', and 
add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.


Sec.  138.45  [Amended]

0
73. In Sec.  138.45(a), remove the text ``http://www.npfc.gov/cofr'', 
and add, in its place, the text ``https://npfc.uscg.mil/cofr/default.aspx''.


Sec.  138.240  [Amended]

0
74. In Sec.  138.240(b), following the words ``liability in the'', add 
a space; and following the text ``Register.'', add a space.

PART 162--INLAND WATERWAYS NAVIGATION REGULATIONS

0
75. The authority citation for part 162 continues to read as follows:

    Authority:  33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  162.120  [Amended]

0
76. In Sec.  162.120(a), following the text ``(Manistee County), 
Frankfort,'' remove the text ``Charlevois, and Petroskey'', and add, in 
its place, the text ``Charlevoix, and Petoskey''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


Sec.  165.920  [Amended]

0
78. In Sec.  165.920(b), following the text ``telephone at (313) 568-
'', remove the text ``9580'', and add, in its place, the text ``9560''; 
and following the text ``by writing to:'', remove the text ``MSO'', and 
add, in its place, the text ``Sector''.


Sec.  165.941  [Amended]

0
79. Amend Sec.  165.941 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraph (a)(4)(i), following the words ``southern end of'', 
remove the word ``Harsen's'', and add, in its place, the word 
``Harsens'';
0
c. Remove paragraph (a)(5);
0
d. Redesignate paragraphs (a)(6) through (a)(56) as (a)(5) through 
(a)(55), respectively;
0
e. In newly redesignated paragraphs (a)(6), (a)(35), (a)(41), and 
(a)(49), remove the words ``Grosse Point'' wherever they appear, and 
add, in their place, the words ``Grosse Pointe'';
0
f. In newly redesignated paragraph (a)(24) introductory text, remove 
the word ``Kellys'' wherever it appears, and add, in its place, the 
word ``Kelleys'';
0
g. In newly redesignated paragraph (a)(37)(i), remove the word 
``Russel'', and add, in its place, the word ``Russell'';
0
h. In newly redesignated paragraphs (a)(44) introductory text and 
(a)(44)(i), remove the words ``Grosse Isle'' wherever they appear, and 
add, in their place, the words ``Grosse Ile''; and
0
i. In paragraph (f), following the words ``to Mariners. The Captain of 
the Port'',

[[Page 37316]]

remove the word ``will'', and add, in its place, the word ``may''; and 
following the words ``section is cancelled'', add the words ``if deemed 
necessary''.


Sec.  165.941  Safety Zones; Annual Events in the Captain of the Port 
Detroit Zone.

* * * * *

PART 177--CORRECTION OF ESPECIALLY HAZARDOUS CONDITIONS

0
80. The authority citation for part 177 is revised to read as follows:

    Authority:  46 U.S.C. 4302, 4311; Pub. L. 103-206, 107 Stat. 
2439.


Sec.  177.09  [Amended]

0
81. In Sec.  177.09(b)(2), following the text ``any other provision 
of'', remove the text ``43 U.S.C.'', and add, in its place, the text 
``46 U.S.C.''.

    Dated: June 12, 2012.
Kathryn A. Sinniger,
Chief, Office of Regulations and Administrative Law U.S. Coast Guard.
[FR Doc. 2012-14848 Filed 6-20-12; 8:45 am]
BILLING CODE 9110-04-P


