05-24319. Marine Safety Center Address Change

AGENCY:

Coast Guard, DHS.

ACTION:

Technical amendment.

SUMMARY:

This technical amendment makes non-substantive changes throughout chapters I of title 33 and title 46 of the Code of Federal Regulations. The purpose of this amendment is to change the address of the United States Coast Guard Marine Safety Center as it appears in Coast Guard regulations. This rule will have no substantive effect on the regulated public.

DATES:

These changes are effective December 21, 2005. We will accept comments on this technical amendment through February 21, 2006.

ADDRESSES:

You may submit comments identified by Coast Guard docket number USCG-2005-23172 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:

(1) Web Site: http://dms.dot.gov.

(2) Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.

(3) Fax: [phone].

(4) Delivery: Room PL-401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

(5) Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this amendment, call Commander Hung Nguyen, Executive Officer, United States Coast Guard Marine Safety Center, telephone [phone]. If you have questions on viewing the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone [phone].

SUPPLEMENTARY INFORMATION:

Submitting comments: If you submit a comment, please include your name and address, identify the docket number for this rulemaking (USCG-2005-23172), indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 81/2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this rule in view of them.

Viewing comments and documents: To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://dms.dot.gov at any time, click on “Simple Search,” enter the last five digits of the docket number for this rulemaking, and click on “Search.” You may also visit the Docket Management Facility in room PL-401 on the Plaza level of the Nassif Building, 400 Seventh, Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy Act: Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation's Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov.

Regulatory History

We did not publish a notice of proposed rulemaking (NPRM) for this amendment. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that this technical amendment is exempt from notice and comment rulemaking requirements because the amendment only makes non-substantive address changes. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The MSC left its previous location on December 9, 2005, and correspondence should be directed to the new address.

Background and Purpose

The office of the United States Coast Guard Marine Safety Center will change locations resulting in the need for an address change in the Code of Federal Regulations. This rule also changes the abbreviated designation of the Marine Safety Center from “G-MSC” to “MSC” throughout chapters I of title 33 and title 46.

Regulatory Evaluation

This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). Because this amendment makes only address changes, we expect the economic impact to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

It is not expected that this amendment will have a significant economic impact on any small entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this technical amendment will not have a significant economic impact on a substantial number of small entities.

Collection of Information

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

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 amendment under that Order and have determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

This amendment 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.

Protection of Children

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

Indian Tribal Governments

This amendment 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.

Energy Effects

We have analyzed this amendment 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.

Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This amendment does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

Environment

We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(a), of the Instruction from further environmental documentation. Paragraph (34)(a) excludes regulatory actions that are editorial or procedural, such as those updating addresses. Under figure 2-1, paragraph (34)(a), of the Instruction, an Environmental Analysis Check List and a Categorical Exclusion Determination are not required for this technical amendment.

List of Subjects

33 CFR Part 104

• Maritime security
• Reporting and recordkeeping requirements
• Security measures
• Vessels

33 CFR Part 120

• Passenger vessels
• Reporting and recordkeeping requirements
• Security measures
• Terrorism

33 CFR Part 157

• Cargo vessels
• Oil pollution
• Reporting and recordkeeping requirements

33 CFR Part 159

• Alaska
• Reporting and recordkeeping requirements
• Sewage disposal
• Vessels

46 CFR Part 31

• Cargo vessels
• Marine safety
• Reporting and recordkeeping requirements

46 CFR Part 39

• Cargo vessels
• Fire prevention
• Hazardous materials transportation
• Marine safety
• Occupational safety and health
• Reporting and recordkeeping requirements

46 CFR Part 44

• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 50

• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 63

• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 69

• Measurement standards
• Penalties
• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 71

• Marine safety
• Passenger vessels
• Reporting and recordkeeping requirements

46 CFR Part 91

• Cargo vessels
• Marine safety
• Reporting and recordkeeping requirements

46 CFR Part 107

• Marine safety
• Oil and gas exploration
• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 108

• Fire prevention
• Marine safety
• Occupational safety and health
• Oil and gas exploration
• Vessels

46 CFR Part 110

• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 116

• Fire prevention
• Marine safety
• Passenger vessels
• Seamen

46 CFR Part 127

• Cargo vessels
• Fire prevention
• Marine safety
• Occupational safety and health
• Reporting and recordkeeping requirements
• Seamen

46 CFR Part 133

• Cargo vessels
• Marine safety
• Reporting and recordkeeping requirements

46 CFR Part 153

• Administrative practice and procedure
• Cargo vessels
• Hazardous materials transportation
• Marine safety
• Reporting and recordkeeping requirements
• Water pollution control

46 CFR Part 154

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

46 CFR Part 161

• Fire prevention
• Marine safety
• Reporting and recordkeeping requirements

46 CFR Part 162

• Fire prevention
• Marine safety
• Oil pollution
• Reporting and recordkeeping requirements

46 CFR Part 170

• Marine safety
• Reporting and recordkeeping requirements
• Vessels

46 CFR Part 177

• Marine safety
• Passenger vessels
• Reporting and recordkeeping requirements

46 CFR Part 189

• Marine safety
• Oceanographic research vessels
• Reporting and recordkeeping requirements

46 CFR Part 199

• Cargo vessels
• Marine safety
• Oil and gas exploration
• Passenger vessels
• Reporting and recordkeeping requirements

For the reasons discussed in the preamble, and under the authority of 14 U.S.C. 633; 5 U.S.C. 552(a); 33 CFR 1.05-1(a)-(d); and, Department of Homeland Security Delegation No. 0170.1, the Coast Guard amends titles 33 and 46 of the Code of Federal Regulations as set forth below:

1. Wherever it appears in chapters I of titles 33 and/or 46, the phrase “Commanding Officer, Marine Safety Center (MSC) 400 Seventh Street, SW., Room 6302, Nassif Building, Washington, DC 20590-0001” is revised to read “Commanding Officer (MSC), USCG Marine Safety Center, 1900 Half Street, SW., Suite 1000, Room 525, Washington, DC 20024 for visitors and private courier service delivery. Send all regular mail to Commanding Officer (MSC), USCG Marine Safety Center, 2100 2nd Street, SW., Washington, DC 20593.”

2. Wherever it appears in chapters I of titles 33 and/or 46, the phrase “U.S. Coast Guard Marine Safety Center (G-MSC)” is revised to read “U.S. Coast Guard Marine Safety Center (MSC)”.

Dated: December 15, 2005.

Stefan G. Venckus,

Chief, Office of Regulations and Administrative Law, United States Coast Guard.