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

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Parts 1, 5, 104, 151, 155, 161, 164, 165, 174, and 175</CFR> <CFR>46 CFR Parts 3, 15, 70, 117, 118, 119, and 147</CFR> <DEPDOC>[Docket No. USCG-2023-0759]</DEPDOC> <SUBJECT>Navigation and Navigable Waters, and Shipping; Technical, Organizational, and Conforming Amendments</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This final rule makes non-substantive, technical, organizational, and conforming amendments to existing Coast Guard regulations. This final rule is a continuation of our practice of periodically issuing rules to keep our regulations up-to-date and accurate. This final rule will have no substantive effect on the regulated public. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective April 3, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this preamble as being available in the docket, go to <E T="03">www.regulations.gov,</E> type USCG-2023-0759 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For information about this document, call or email Mr. Dale Murad, Coast Guard; telephone 202-372-3747, email <E T="03">Dale.Murad@uscg.mil</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Table of Contents for Preamble </HD> <EXTRACT> <FP SOURCE="FP-2">I. Abbreviations</FP> <FP SOURCE="FP-2">II. Regulatory History</FP> <FP SOURCE="FP-2">III. Basis and Purpose</FP> <FP SOURCE="FP-2">IV. Discussion of the Rule</FP> <FP SOURCE="FP1-2">A. Authority Citation Updates</FP> <FP SOURCE="FP1-2">B. Technical Amendments to Title 33 of the CFR</FP> <FP SOURCE="FP1-2">C. Technical Amendments to Title 46 of the CFR</FP> <FP SOURCE="FP-2">V. Regulatory Analyses</FP> <FP SOURCE="FP1-2">A. Regulatory Planning and Review</FP> <FP SOURCE="FP1-2">B. Small Entities</FP> <FP SOURCE="FP1-2">C. Assistance for Small Entities</FP> <FP SOURCE="FP1-2">D. Collection of Information</FP> <FP SOURCE="FP1-2">E. Federalism</FP> <FP SOURCE="FP1-2">F. Unfunded Mandates</FP> <FP SOURCE="FP1-2">G. Taking of Private Property</FP> <FP SOURCE="FP1-2">H. Civil Justice Reform</FP> <FP SOURCE="FP1-2">I. Protection of Children</FP> <FP SOURCE="FP1-2">J. Indian Tribal Governments</FP> <FP SOURCE="FP1-2">K. Energy Effects</FP> <FP SOURCE="FP1-2">L. Technical Standards and Incorporation by Reference</FP> <FP SOURCE="FP1-2">M. Environment</FP> </EXTRACT> <HD SOURCE="HD1">I. Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">CG-MER Office of Marine Environmental Response Policy</FP> <FP SOURCE="FP-1">DDH Document Drafting Handbook</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">GPO Government Publishing Office</FP> <FP SOURCE="FP-1">OMB Office of Management and Budget</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Regulatory History</HD> We did not publish a notice of proposed rulemaking for this rule. Under Title 5 of the United States Code (U.S.C.), section 553(b)(A), the Coast Guard finds that this final rule is exempt from notice and public comment rulemaking requirements, because these changes involve rules of agency organization, procedure, or practice. In addition, the Coast Guard finds that notice and comment procedures are unnecessary for this final rule under 5 U.S.C. 553(b)(B), as this rule consists of only technical and editorial corrections, and these changes will have no substantive effect on the public. Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause also exists for making this final rule effective upon publication in the <E T="04">Federal Register</E> . <HD SOURCE="HD1">III. Basis and Purpose</HD> This final rule, which becomes effective on April 3, 2024, makes technical and editorial corrections throughout titles 33 and 46 of the Code of Federal Regulations (CFR). These changes are necessary to update authority citations, correct errors, update contact information, and make other non-substantive amendments that improve the clarity of the CFR. This rule does not create or change any substantive requirements. This final rule is issued under the authorities of 5 U.S.C. 552(a) and 553; 14 U.S.C. 102 and 503; Department of Homeland Security (DHS) Delegation No. 00170.1, Revision No. 01.3; and authorities listed at the end of this rule for each CFR part this rule amends. <HD SOURCE="HD1">IV. Discussion of the Rule</HD> The Coast Guard periodically issues technical, organizational, and conforming amendments to existing regulations in titles 33 and 46 of the CFR. These technical amendments provide the public with accurate and current regulatory information, but do not change the effect of any Coast Guard regulations on the public. <HD SOURCE="HD2">A. Authority Citation Updates</HD> This final rule updates the authority citations in 33 CFR parts 1, 151, 155, 161, 164, and 175, and 46 CFR parts 3, 15, 70, 117, 118, 119, and 147. Specifically, this final rule implements the updates to DHS Delegation No. 00170.1, Revision No. 01.3 in 33 CFR parts 1, 151, 155, 161,164, and 175, and 46 CFR parts 3, 15, 70, 117, 118, 119, and 147. <HD SOURCE="HD2">B. Formatting Amendments To Accompany Technical Amendments in this Document</HD> The Office of the Federal Register's Document Drafting Handbook (DDH) provides guidance on how to follow the formatting and editorial requirements established in 44 U.S.C. chapter 15 (the <E T="04">Federal Register</E> Act) and 1 CFR chapter I. See the Introduction to the DDH, which is at <E T="03">www.archives.gov/files/federal-register/write/handbook/ddh.pdf</E> . At page 2-55, the DDH refers readers to the Government Publishing Office (GPO) Style Manual as a guide for punctuation, capitalization, spelling, compounding, and other style matters not addressed in the DDH. In a note on page 2-29, the DDH states, “Even if you have only one note, appendix, table, or figure, you must still designate it as `Note 1', `Appendix A', etc.” To comply with this guidance, we have numbered any unnumbered tables and notes, which are otherwise being amended in this document. In an example on page 77, the GPO Style Manual provides that the word “table” should be capitalized when the word is part of the title of the table. The GPO Style Manual is at <E T="03">www.govinfo.gov/content/pkg/GPO-STYLEMANUAL-2016/pdf/GPO-STYLEMANUAL-2016.pdf</E> . To comply with this guidance, we have capitalized the word “table” wherever it is used in these technical amendments as part of the title of the table. <HD SOURCE="HD2">C. Technical Amendments to Title 33 of the CFR</HD> In § 1.05-1(d), this final rule updates language to reflect the new rulemaking delegation memo for rulemakings from Coast Guard Headquarters issued by the Commandant on April 6, 2023. Specifically, these changes reflect current delegations in Commandant Memorandum 16704, which delegates rulemaking authority to the following headquarters individuals and offices: Assistant Commandant of Prevention Policy (CG-5P), the Assistant Commandant for Response Policy (CG-5R), the Assistant Commandant for Resources (CG-8), and the Judge Advocate General (CG-094). The revised language preserves and incorporates verbatim the limitation of this delegation to those regulations determined nonsignificant within the meaning of Executive Order 12866, which had been in what was subparagraph (d)(2). As noted above, the Memo only addresses delegations of rulemaking authorities to headquarters organizations, in this case, those covered in paragraph (d) of 33 CFR 1.05-1; it does not affect delegations to field offices, which are covered in paragraph (e) of § 1.05-1. In § 5.26(b), this final rule replaces the outdated reference to the Coast Guard Institute with a reference to the Coast Guard Education and Training Quota Management Command. In 2017, the Coast Guard Institute was decommissioned and functionally replaced by the Coast Guard Education and Training Quota Management Command. In § 104.400(b), this final rule removes an outdated address, as the Marine Safety Center no longer has a location in Arlington, Virginia. In §§ 151.27 and 151.28, this final rule updates language to reflect the current directorate, office titles, and individuals fulfilling those responsibilities, and corrects mailing, email, and electronic submission addresses. This final rule replaces the outdated “CG-CVC-1” title with “CG-MER” and updates instructions for submitting plans and revisions electronically. It also removes paragraph (h) in both sections. The paragraphs being removed address the use of forms, which are no longer used. In the note to what is currently labeled “Table 155.1050(k)”, and in §§ 155.1065(h), 155.1070(g), 155.5067(c), 155.5075(a), and 155.5075(b), this final rule removes outdated language and replaces it with the names of current directorates, office titles, and individuals fulfilling those responsibilities. The text “Table 155.1050(k)” has been changed to “Table 1 to § 155.1050(k),” and its note has been changed to “Note 1” in accordance with the DDH. In addition, in §§ 155.1065(h), 155.1070(g), and 155.5075(a) and (b), this final rule removes the text, “Incident Management and Preparedness Policy,” and replaces that text with “Emergency Management.” In addition, it corrects mailing, email, and electronic submission addresses. In § 155.1065(a), this final rule substitutes “must” for the obsolete term “sh ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 52k characters. 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