[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33359-33365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15928]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 1, 2, 3, 8, 25, 26, 51, 54, 67, 70, 72, 80, 89, 114,
116, 127, 141, 147, 148, 151, 153, 154, 155, 156, 157, 158, 160,
161, 163, 164, 165, 167, 174, 175, and 187.
[CGD 97-023]
Technical Amendments; Organizational Changes; Miscellaneous
Editorial Changes and Conforming Amendments
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This rule amends Title 33, Code of Federal Regulations, to
reflect recent agency organizational changes. It also makes editorial
changes throughout the title to correct addresses, update cross-
references, make conforming amendments, and make other technical
corrections. This rule will have no substantive effect on the regulated
public.
DATES: This rule is effective on June 30, 1997.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the Office of the Executive Secretary, Marine
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second
Street SW., room 3406, Washington, DC 20593-0001 between 9:30 a.m. and
2 p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT: Janet Walton, Project Manager,
Standards Evaluation and Development Division (G-MSR-2), (202) 267-
0257.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Each year Title 33 of the Code of Federal Regulations (CFR) is
recodified on July 1. This rule makes miscellaneous editorial changes,
conforming amendments, and revisions relating to recent Coast Guard
organizational changes, to be included in the 1997 recodification of
Title 33.
Discussion of Changes
As part of its Headquarters reorganization, the Coast Guard changed
senior management position titles from ``Chief'' to ``Assistant
Commandant'' for the Acquisition, Civil Rights, Marine Safety and
Environmental Protection, Operations, and Systems and Human Resources
programs. This rule revises these titles to conform to the current
organization.
This rule also makes editorial changes throughout the title,
corrects addresses, updates cross-references, makes conforming
amendments to geographical descriptions resulting from organizational
changes, and makes other
[[Page 33360]]
technical and editorial corrections. This rule does not change any
substantive requirements of existing regulations.
Section 2.05-35
This rule corrects a codification error that dropped a sentence
from Sec. 2.05-35, Exclusive Economic Zone.
Section 3.70-15
In Sec. 3.70-15, the Coast Guard is revising the description of the
Guam Captain of the Port and Marine Inspection zone to conform to the
provisions of the Compact of Free Association with the Republic of
Palau.
Part 148, Subpart G
On August 4, 1995, DOT published a final rule (60 FR 39849) adding
to 33 CFR part 137 a new subpart G--Limits of Liability. Subpart G set
the limits of liability for U.S. deepwater ports in accordance with
section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704). On
March 7, 1996, the Coast Guard issued its final rule on Financial
Responsibility for Water Pollution (Vessels) (61 FR 9264). In that
rule, the Coast Guard removed 33 CFR part 137 because it no longer
governed vessel financial responsibility. This action erroneously
removed subpart G of part 137 which should have been moved to 33 CFR
part 148, Subchapter NN--Deepwater Ports. In order to correct the
erroneous removal of subpart G, today's final rule adds to 33 CFR part
148 a new subpart G--Limits of Liability, consisting of Sec. 148.701
and Sec. 148.703 which contain the same regulatory text published by
DOT in 1995.
Parts 161, 164, and 165
In parts 161, 164, and 165 the Coast Guard is changing the terms
``Automated Dependent Surveillance'' and ``Automated Dependent
Surveillance Shipborne Equipment (ADS and ADSSE)'' to ``Automatic
Identification System'' and ``Automatic Identification System Shipborne
Equipment (AIS and AISSE)'' wherever it appears in these parts. This
nomenclature change is necessary because of the recent international
acceptance of AIS terminology in the development of equipment
performance standards.
Section 167.154
In Sec. 167.154, paragraph (a) is being revised because one of the
coordinates for the south-eastern approach of the New York Traffic
Separation Scheme was incorrect. This paragraph is revised to reflect
the correct coordinates as adopted by the International Maritime
Organization.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment on it are
unnecessary and it may be made effective in fewer than 30 days after
publication in the Federal Register. Therefore, this final rule is
effective on June 30, 1997.
Regulatory Evaluation
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. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT)(44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary. As
this rule involves internal agency practices and procedures, it will
not impose any costs on the public.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under paragraph 2.B.2.e.(34) of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. This exclusion is in accordance with
paragraphs 2.B.2.e.(34)(a) and (b), concerning regulations that are
editorial or procedural and concerning internal agency functions or
organization. A Categorical Exclusion Determination is available in the
docket for inspection or copying 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 3
Organization and functions (Government agencies).
33 CFR Part 8
Armed forces reserves.
33 CFR Part 25
Authority delegations (Government agencies) Claims.
33 CFR Part 26
Communications equipment, Marine safety, Radio, Telephone, Vessels.
33 CFR Part 51
Administrative practice and procedure, Military personnel.
33 CFR Part 54
Alimony, Child support, Military personnel, Wages.
33 CFR Part 67
Continental shelf, Navigation (water), Reporting and recordkeeping
requirements.
33 CFR Part 70
Navigation (water), Penalties.
33 CFR Part 72
Government publications, Navigation (water).
33 CFR Part 80
Navigation (water), Treaties, Waterways.
33 CFR Part 89
Navigation (water), Reporting and recordkeeping requirements,
Waterways.
33 CFR Part 114
Bridges.
33 CFR Part 116
Bridges.
33 CFR Part 127
Fire prevention, Harbors, Natural gas, Reporting and recordkeeping
requirements, Security measures.
33 CFR Part 141
Citizenship and naturalization, Continental shelf, Employment,
Reporting and recordkeeping requirements.
33 CFR Part 147
Continental shelf, Marine safety, Navigation (water).
[[Page 33361]]
33 CFR Part 148
Administrative practice and procedure, Environmental protection,
Harbors, Petroleum.
33 CFR Part 151
Administrative practice and procedure, Oil pollution, Penalties,
Reporting and recordkeeping requirements, Water pollution control.
33 CFR Part 153
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 154
Fire prevention, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 155
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
33 CFR Part 157
Cargo vessels, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 158
Administrative practice and procedure, Harbors, Oil pollution,
Penalties, Reporting and recordkeeping requirements, Water pollution
control.
33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.
33 CFR Part 161
Harbors, Navigation (water), Reporting and recordkeeping
requirements, Vessels, Waterways.
33 CFR Part 163
Cargo Vessels, Harbors, Navigation (water), Waterways.
33 CFR Part 164
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
33 CFR Part 167
Harbors, Marine safety, Navigation (water), Waterways.
33 CFR Part 174
Intergovernmental relations, Marine safety, Reporting and
recordkeeping requirements.
33 CFR Part 175
Marine safety.
33 CFR Part 187
Marine safety, Reporting and recordkeeping requirements,
Administrative practice and procedure.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 1, 2, 3, 8, 25, 26, 51, 54, 67, 70, 72, 80, 89, 114, 116,
127, 141, 147, 148, 151, 153, 154, 155, 156, 157, 158, 160, 161, 163,
164, 165, 167, 174, 175, and 187 as follows:
PART 1--GENERAL PROVISIONS
Subpart 1.01--Delegation of Authority
1. The authority citation for subpart 1.01 continues to read as
follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 46 U.S.C. 9615; 49 U.S.C. 322; 49 CFR 1.45(b), 1.46;
section 1.01-70 also issued under the authority of E.O. 12580, 3
CFR, 1987 Comp., p. 193; and sections 1.01-80 and 1.01-85 also
issued under the authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
Sec. 1.01-40 [Amended]
2. In Sec. 1.01-40 remove the words ``order or revocation'' and
add, in their place, the words ``order of revocation''.
Sec. 1.01-60 [Amended]
3. In Sec. 1.01-60(a), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
Sec. 1.01-70 [Amended]
4. In Sec. 1.01-70(b), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
Sec. 1.01-80 [Amended]
5. In Sec. 1.01-80(b), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
Subpart 1.05--Rulemaking
6. 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; 49 CFR 1.4(b), 1.45(b),
and 1.46.
Sec. 1.05-1 [Amended]
7. In Sec. 1.05-1(g), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for'' wherever it appears in
the paragraph.
PART 2--JURISDICTION
8. The authority citation for part 2 continues to read as follows:
Authority: 14 U.S.C. 633, 80 Stat. 931 (49 U.S.C. 1655(b)); 49
CFR 1.4(b), 1.46(b).
Sec. 2.05-1 [Amended]
9. In Sec. 2.05-1(c), remove the words ``part 80 of this chapter''
and add, in their place, the words ``46 CFR 7''.
10. Revise Sec. 2.05-35 to read as follows:
Sec. 2.05-35 Exclusive Economic Zone.
The Exclusive Economic Zone (EEZ) of the United States is a zone
contiguous to the territorial sea, including zones contiguous to the
territorial sea of the United States, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands (to the extent
consistent with the Covenant and the United Nations Trusteeship
Agreement), and the United States overseas territories and possessions.
The EEZ extends to a distance 200 nautical miles from the baseline from
which the breadth of the territorial sea is measured. In cases where
the maritime boundary with a neighboring State remains to be
determined, the boundary of the EEZ will be determined by the United
States and the other State concerned in accordance with equitable
principles.
PART 3--COAST GUARD AREAS, DISTRICTS, MARINE INSPECTION ZONES, AND
CAPTAIN OF THE PORT ZONES
11. The authority citation for part 3 continues to read as follows:
Authority: 14 U.S.C. 633; 49 CFR 1.45, 1.46.
Sec. 3.70-15 [Amended]
12. In Sec. 3.70-15, remove paragraph (b)(3).
PART 8--UNITED STATES COAST GUARD RESERVE
13. The authority citation for part 8 continues to read as follows:
Authority: 14 U.S.C. 633.
14. In Sec. 8.1, paragraph (b)(1) is revised to read as follows:
Sec. 8.1 Functions of the Coast Guard Reserve.
* * * * *
(b) * * *
1. Partial or full mobilization under 10 U.S.C. 12301;
* * * * *
[[Page 33362]]
Sec. 8.5 [Amended]
15. In Sec. 8.5, in paragraph (b)(3), remove the words
``Administration and Training'' and add, in their place, the word
``Policy''.
PART 25--CLAIMS
16. The authority citation for part 25 continues to read as
follows:
Authority: 14 U.S.C. 633; 49 CFR 1.45(a); 49 CFR 1.45(b); 49 CFR
1.46(b), unless otherwise noted.
Sec. 25.103 [Amended]
17. In Sec. 25.103, remove the words ``Governor's Island, New York,
New York, 10004'' and add, in their place, the words ``300 East Main
Street, Suite 965, Norfolk, VA 23510-9113''.
Sec. 25.111 [Amended]
18. In Sec. 25.111(b) introductory text, remove the words
``Governor's Island, New York, New York, 10004'' and add, in their
place, the words ``300 East Main Street, Suite 965, Norfolk, VA 23510-
9113''.
PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS
19. The authority citation for part 26 continues to read as
follows:
Authority: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b),
1.46; Rule 1, International Regulations for the Prevention of
Collisions at Sea.
Sec. 26.08 [Amended]
20. In Sec. 26.08(a), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
PART 51--COAST GUARD DISCHARGE REVIEW BOARD
21. The authority citation for part 51 continues to read as
follows:
Authority: 10 U.S.C. 1553.
Sec. 51.2 [Amended]
22. In Sec. 51.2(a), remove the word ``Secretry'' and add, in its
place, the word ``Secretary''.
PART 54--ALLOTMENTS FROM ACTIVE DUTY PAY FOR CERTAIN SUPPORT
OBLIGATIONS
23. The authority citation for part 54 continues to read as
follows:
Authority: 42 U.S.C. 665(c).
Sec. 54.07 [Amended]
24. In Sec. 54.07, remove the words ``(LGL), U.S. Coast Guard Pay
and Personnel Center'' and add, in their place, the words '', Coast
Guard Human Resources Service and Information Center''.
PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED
STRUCTURES
25. The authority citation for part 67 continues to read as
follows:
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 49 CFR 1.46.
Sec. 67.50-10 [Removed]
26. Remove Sec. 67.50-10.
PART 70--INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION
27. The authority citation for part 70 continues to read as
follows:
Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92,
633, 642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411, 412;
14 U.S.C. 84, 86, 92, 633, 642).
Sec. 70.05-20 [Amended]
28. In Sec. 70.05-20, remove the words ``46 CFR 136.05'' and add,
in their place, the words ``46 CFR 4''.
PART 72--MARINE INFORMATION
29. The authority citation for part 72 continues to read as
follows:
Authority: 14 U.S.C. 93, 49 CFR 1.46.
30. Revise Sec. 72.01-10 to read as follows:
Sec. 72.01-10 Notice to Mariners.
(a) ``Notice to Mariners'' is intended to advise mariners of new
hydrographic discoveries, changes in channels and navigational aids,
and information concerning the safety of navigation. ``Notice to
Mariners'' also contains information--
(1) Useful in updating the latest editions of charts and
publications of the National Imagery and Mapping Agency, National Ocean
Service, U.S. Army Corps of Engineers, and Coast Guard;
(2) Selected from the ``Local Notice to Mariners'' issued and
published by the 1st, 5th, 7th,
8th, 9th, 11th, 13th,
14th, and 17th Coast Guard districts; and
(3) Compiled from foreign notices to mariners, ship reports, and
similar cooperating observer reports.
(b) ``Notice to Mariners'' is published weekly by the National
Imagery and Mapping Agency. The ``Notice to Mariners'' is prepared by
the:
(1) Coast Guard;
(2) National Ocean Service; and
(3) National Imagery and Mapping Agency.
(c) This notice may be obtained free of charge, upon request to the
National Ocean Service (NOS): phone: (301) 436-6990/(800) 638-8972;
FAX: (301) 436-6829; or mail: National Ocean Service/NOAA, Distribution
Division N/ACC3, Riverdale, MD 20737-1199. Request should be based on
affirmative need for the information.
31. Revise Sec. 72.01-25 to read as follows:
Sec. 72.01-25 Marine broadcast notice to mariners.
(a) The Coast Guard broadcasts notices to mariners on its own or
U.S. Navy radio stations to report navigational warnings containing
information of importance to the safety of navigation of vessels, such
as the position of ice and derelicts, defects, and changes to aids to
navigation, and drifting mines. Radio stations broadcasting marine
information are listed in ``Radio Navigational Aids'' (National Imagery
and Mapping Agency publications 117A and 117B) and United States Coast
Pilots.
(b) Any person may purchase ``Radio Navigational Aids'' from:
(1) Any authorized agent for the sale of National Imagery and
Mapping Agency charts and publications.
(2) The National Imagery and Mapping Agency Depots or Offices.
(3) The National Ocean Service (NOS): phone: (301) 436-6990/(800)
638-8972; FAX: (301) 436-6829; or mail: National Ocean Service/NOAA,
Distribution Division N/ACC3, Riverdale, MD 20737-1199.
(c) Any person may purchase United States Coast Pilots from any
authorized agent for the sale of National Ocean Service charts and
publications whose names and addresses are contained in the National
Ocean Service Chart Catalogs.
32. Revise Sec. 72.01-40 to read as follows:
Sec. 72.01-40 Single copies.
Single copies of the ``Notice to Mariners'' described in
Sec. 72.01-10 may be obtained or consulted at:
(a) Coast Guard District Commanders' Offices;
(b) National Ocean Service Field Offices;
(c) The National Imagery and Mapping Agency; and
(d) Custom Houses.
PART 80--COLREGS DEMARCATION LINES
33. The authority citation for part 80 continues to read as
follows:
Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a); 49 CFR
1.46.
34. Remove the undesignated heading ``THIRD DISTRICT'', immediately
following Sec. 80.150 and immediately preceding Sec. 80.155; and add
the undesignated heading, ``Fifth District'',
[[Page 33363]]
immediately following Sec. 80.170 and immediately preceding
Sec. 80.501.
PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES
35. The authority citation for part 89 continues to read as
follows:
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14).
Sec. 89.18 [Amended]
36. In Sec. 89.18(a), remove the word ``Chief,'' and add, in its
place, the words ``offices of Assistant Commandant for''.
PART 114--GENERAL
37. The authority citation for part 114 continues to read as
follows:
Authority: 33 U.S.C. 401, 491, 499, 521, 525, and 535; 14 U.S.C.
633; 49 U.S.C. 1655(g); 49 CFR 1.46(c).
38. Revise Sec. 114.05(l) to read as follows:
Sec. 114.05 Definitions.
* * * * *
(l) Assistant Commandant for Operations. The term ``Assistant
Commandant for Operations'' means the officer of the Coast Guard
designated by the Commandant as the staff officer in charge of the
Office of Navigation Safety and Waterway Services, U.S. Coast Guard
Headquarters.
Sec. 114.50 [Amended]
39. In Sec. 114.50, remove the words ``U.S. Coast Guard''
immediately preceding the word ``Chief''.
PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES
40. The authority citation for part 116 continues to read as
follows:
Authority: 33 U.S.C. 401, 521; 49 U.S.C. 1655(g); 49 CFR 1.4,
1.46(c).
Sec. 116.55 [Amended]
41. In Sec. 116.55, in paragraph (a), remove the words ``Chief,
Operations'' and add, in its place, the words ``Assistant Commandant
for Operations''; and paragraph (b) is revised to read as follows:
Sec. 116.55 Appeals.
* * * * *
(b) The appeal must be submitted in writing to the Assistant
Commandant for Operations, U.S. Coast Guard, 2100 Second Street, SW.,
Washington, DC 20593-0001, within 60 days after the District
Commander's or the Chief's, Office of Bridge Administration decision.
The Assistant Commandant for Operations will make a decision on the
appeal within 90 days after receipt of the appeal. The Assistant
Commandant for Operations' decision of this appeal shall constitute
final agency action.
* * * * *
PART 127--WATERFRONT FACILITIES HANDLING LIQUEFIED NATURAL GAS AND
LIQUEFIED HAZARDOUS GAS
42. The authority citation for part 127 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Table 1 to Part 127 [Redesignated as Table 127.005]
43. In 33 CFR part 127, Table 1 is redesignated as Table 127.005.
Sec. 127.005 [Amended]
44. In Sec. 127.005 remove the words ``Table 1 to this part'' and
add, in their place, the words ``Table 127.005'' wherever they appear
in this section.
Sec. 127.015 [Amended]
45. In Sec. 127.015, in paragraphs (c)(1) and (d), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
Sec. 127.1605 [Amended]
46. In Sec. 127.1605, introductory text, remove the word ``are''
and add, in its place, the word ``area''.
PART 141--PERSONNEL
47. The authority citation for part 141 continues to read as
follows:
Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).
Sec. 141.5 [Amended]
48. In Sec. 141.5, in paragraph (b)(1), remove the words ``46
U.S.C. 672a'' and add, in their place, the words ``46 U.S.C. 8103'';
and in paragraph (b)(2) remove the words ``46 U.S.C. 1132'' and add, in
their place, the words ``46 U.S.C. 7102 and 8103''.
PART 147--SAFETY ZONES
49. The authority citation for part 147 is revised to read as
follows:
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; 49 CFR 1.46.
PART 148--GENERAL
50. The authority citation for part 148 continues to read as
follows:
Authority: Secs. 5(a), 5(b), Pub. L. 93-627, 88 Stat. 2131 (33
U.S.C. 1504(a), (b)); 49 CFR 1.46(s).
Sec. 148.211 and 148.217 [Amended]
51. In 33 CFR part 148, remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for'' in the following
sections:
(a) Section 148.211 introductory text; and
(b) Section 148.217(a).
52. A new subpart G consisting of Secs. 148.701 and 148.703, is
added to read as follows:
Subpart G--Limits of Liability
Sec.
148.701 Purpose.
148.703 Limits of liability.
Subpart G--Limits of Liability
Sec. 148.701 Purpose.
This subpart sets forth the limits of liability for U.S. deepwater
ports in accordance with section 1004 of the Oil Pollution Act of 1990
(33 U.S.C. 2704).
Sec. 148.703 Limits of liability.
(a) The limits of liability for U.S. deepwater ports will be
established by the Secretary of Transportation on a port-by-port basis,
after review of the maximum credible spill and associated costs for
which the port would be liable. The limit for a deepwater port will not
be less than $50 million or more than $350 million.
(1) The limit of liability for the LOOP deepwater port licensed and
operated by Louisiana Offshore Oil Port, Inc., is $62,000,000.
(2) [Reserved]
(b) [Reserved]
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
Subpart B--Transportation of Municipal and Commercial Waste
53. The authority citation for subpart B continues to read as
follows:
Authority: 33 U.S.C. 2602; 49 CFR 1.46.
Sec. 151.1021 [Amended]
54. In Sec. 151.1021, in paragraphs (b)(1) and (c), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES,
DISCHARGE REMOVAL
55. The authority citation for part 153 is continues to read as
follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 1321; 42 U.S.C. 9615; E.O.
12580, 3 CFR, 1987 Comp., p. 193; E.O. 12777, 3 CFR, 1991 Comp., p.
351; 49 CFR 1.45 and 1.46.
Sec. 153.103 [Amended]
56. In Sec. 153.103(d), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
[[Page 33364]]
57. Revise Sec. 153.205 to read as follows:
Sec. 153.205 Fines.
Section 311(b)(5) of the Act prescribes that any person who fails
to notify the appropriate agency of the United States Government
immediately of a discharge is, upon conviction, fined in accordance
with Title 18, U.S. Code, or imprisoned for not more than 5 years, or
both.
Table 1 to Part 153 [Amended]
58. In Table 1 to part 153, under the heading ``Coast Guard
District Offices'' remove the entry for the 2nd District;
and in the entry for the 5th District remove the word
``804'' and add, in its place, the word ``757''.
59. In Table 2 to part 153, remove the word ``2nd'' and
add, in its place, the word ``8th'' wherever it appears in
the Table; and under the heading ``Region IV'' revise the entries for
Alabama and Mississippi to read as follows:
Table 2.--Standard Administrative Regions of States and Coresponding
Coast Guard Districts and EPA Regions
States and EPA region Coast Guard district
* * * * *
Region IV:
* * * * *
Alabama.................................. 8th
Mississippi.............................. 8th
* * * * *
PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK
60. The authority citation for part 154 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; 49 CFR 1.46. Subpart F is
also issued under 33 U.S.C. 2735.
Sec. 154.108 [Amended]
61. In Sec. 154.108, in paragraphs (a) and (d), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
62. The authority citation for part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; Sec. 2, E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46. Sections
155.100 through 155.130, 155.350 through 155.400, 155.430, 155.440,
155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33
U.S.C. 1903(b); and Secs. 155.1110 and 155.1150 also issued under 33
U.S.C. 2735.
Sec. 155.350 [Amended]
63. In Sec. 155.350, in paragraph (a)(2), remove the word
``155.10'' and add, in its place, the word ``151.10''.
Sec. 155.1065 [Amended]
64. In Sec. 155.1065(h), remove the words ``Chief, Office of Marine
Safety, Security and Environmental Protection'' and add, in their
place, the words ``Assistant Commandant for Marine Safety and
Environmental Protection''.
Sec. 155.1070 [Amended]
65. In Sec. 155.1070(f) introductory text, remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
66. The authority citation for part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C) and (D); 46 U.S.C.
3703a. Subparts B and C are also issued under 46 U.S.C. 3715.
Sec. 156.110 [Amended]
67. In Sec. 156.110, in paragraphs (a) and (d), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT
RELATING TO TANK VESSELS CARRYING OIL IN BULK
68. The authority citation for part 157 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR
1.46. Subparts G, H, and I are also issued under sec. 4115(b), Pub.
L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.
Sec. 157.06 [Amended]
69. In Sec. 157.06 in paragraphs (c) and (d), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
Sec. 157.07 [Amended]
70. In Sec. 157.07, remove the word ``fullfill'' and add, in its
place, the word ``fulfill''.
71. In Sec. 157.08, in paragraph (n)(2), remove the word ``or'; and
add new paragraphs (n) (4), (5), and (6) to read as follows:
Sec. 157.08 Applicability of Subpart B.
* * * * *
(n) * * *
(4) A vessel documented under 46 U.S.C., Chapter 121, that was
equipped with a double hull before August 12, 1992;
(5) A barge of less than 1,500 gross tons as measured under 46
U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo in or
adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and
waters tributary thereto and in the waters of the Aleutian Islands and
the Alaskan Peninsula west of 155 degrees west longitude; or
(6) A vessel in the National Defense Reserve Fleet pursuant to 50
App. U.S.C. 1744.
Sec. 157.306 [Amended]
72. In Sec. 157.306(a), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for''.
PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES,
AND GARBAGE
73. The authority citation for part 158 continues to read as
follows:
Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.
Sec. 158.190 [Amended]
74. In Sec. 158.190, in paragraphs (c)(1) and (d), remove the word
``Chief,'' and add, in its place, the words ``Assistant Commandant
for''.
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL
75. The authority citation for part 160 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46.
Sec. 160.7 [Amended]
76. In Sec. 160.7(c), remove the word ``Chief,'' and add, in its
place, the words ``Assistant Commandant for'' wherever it appears in
the paragraph.
PART 161--VESSEL TRAFFIC MANAGEMENT
77. The authority citation for part 161 continues to read as
follows:
Authority: 33 U.S.C. 1231; 33 U.S.C. 1223; 49 CFR 1.46.
Sec. 161.2 [Amended]
78. In Sec. 161.2, in paragraph (1) in the definition for Hazardous
Vessel Operating Condition, remove the words ``automated dependent
surveillance equipment'' and add, in their place, the words ``Automatic
Identification System equipment''.
Sec. 161.23 [Amended]
79. In Sec. 161.23(c), remove the words ``Automated Dependent
Surveillance''
[[Page 33365]]
and add, in their place, the words ``Automatic Identification System';
and remove the word ``ADSSE'' and add, in its place, the word ``AISSE''
wherever it appears in the section and in the note immediately
following the section.
PART 163--TOWING OF BARGES
80. The authority citation for part 163 is revised to read as
follows:
Authority: 33 U.S.C. 152, 2071; 49 CFR 1.46.
PART 164--NAVIGATION SAFETY REGULATIONS
81. The authority citation for part 164 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 2103, 3703; 49 CFR
1.46. Sec. 164.13 also issued under 46 U.S.C. 8502. Sec. 164.61 also
issued under 46 U.S.C. 6101.
Sec. 164.41 [Amended]
82. In Sec. 164.41, in paragraph (a)(3), remove the word ``Chief,''
and add, in its place, the words ``Assistant Commandant for''.
Sec. 164.43 [Amended]
83. In Sec. 164.43, in the heading and paragraph (a), remove the
words ``Automated Dependent Surveillance'' and add, in their place, the
words ``Automatic Identification System'; and remove the word ``ADSSE''
and add, in its place, the word ``AISSE'' wherever it appears in the
section.
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
84. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
PART 165--[Amended]
85. Remove the undesignated heading, ``Second Coast Guard
District'', immediately following Sec. 165.178 and immediately
preceding Sec. 165.205.
Sec. 165.205 [Redesignated as Sec. 165.821]
86. Section 165.205 is redesignated as Sec. 165.821.
Sec. 165.1704 [Amended]
87. In Sec. 165.1704, in paragraph (c)(6) and in the note
immediately following the section, remove the words ``Automated
Dependent Surveillance'' and add, in their place, the words ``Automatic
Identification System'; and remove the word ``ADSSE'' and add, in its
place, the word ``AISSE'' wherever it appears in the section and in the
note immediately following the section.
PART 167--OFFSHORE TRAFFIC SEPARATION SCHEMES
88. The authority citation for part 167 continues to read as
follows:
Authority: 33 U.S.C. 1223; 49 CFR 1.46.
89. Revise Sec. 167.154(a) to read as follows:
Sec. 167.154 South-eastern approach.
(a) A separation zone is established bounded by a line connecting
the following geographical positions:
Latitude Longitude
40 deg.03.10' N 73 deg.17.93' W
40 deg.06.50' N 73 deg.22.73' W
40 deg.22.45' N 73 deg.43.55' W
40 deg.23.20' N 73 deg.42.70' W
40 deg.08.72' N 73 deg.20.10' W
40 deg.05.32' N 73 deg.15.28' W
PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS
90. The authority citation for part 174 continues to read as
follows:
Authority: 46 U.S.C. 6101, 12302; 49 CFR 1.46.
Sec. 174.3 [Amended]
91. In Sec. 174.3 remove the definition for the term Act.
92. Revise Sec. 174.5 to read as follows:
Sec. 174.5 Requirements for approval.
The Commandant approves a State numbering system if he finds, after
examination of the information submitted by a State, that the State
numbering system and vessel casualty reporting system meet the
requirements in this part, 46 U.S.C. 6102, and in Chapter 123 of Title
46 U.S. Code relating to numbering and casualty reporting.
PART 175--EQUIPMENT REQUIREMENTS
93. The authority citation for part 175 continues to read as
follows:
Authority: 46 U.S.C. 4302; 49 CFR 1.46.
Sec. 175.17 [Amended]
94. In Sec. 175.17 remove paragraph (g).
PART 187--VESSEL IDENTIFICATION SYSTEM
95. The authority citation for part 187 continues to read as
follows:
Authority: 46 U.S.C. 2103; 49 CFR 1.46.
Sec. 187.201 [Amended]
96. In Sec. 187.201(c), remove the words ``issuing Coast Guard
Vessel Documentation Office'' and add, in their place, the words
``Coast Guard National Vessel Documentation Center'.
Dated: June 10, 1997.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 97-15928 Filed 6-18-97; 8:45 am]
BILLING CODE 4910-14-P
