Technical Amendments; Organizational Changes; Miscellaneous Editorial Changes and Conforming Amendments

Federal RegisterJun 28, 1996

Ask Donna

What actually matters in this document.

Text

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 2, 5, 8, 19, 20, 26, 45, 51, 67, 81, 89, 110, 114,

116, 117, 127, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157,

158, 159, 160, 164, 165, 174, 179, 181, 183, and 187

[CGD 96-026]

RIN 2115 AF33

Technical Amendments; Organizational Changes; Miscellaneous

Editorial Changes and Conforming Amendments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

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, remove obsolete regulatory provisions, and make other

technical corrections. This rule will have no substantive effect on the

regulated public.

EFFECTIVE DATE: This rule is effective on June 30, 1996.

ADDRESSES: Unless otherwise indicated, documents referred to 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 8 a.m. and 3 p.m., Monday through Friday, except

Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT:

Janet Walton, Project Manager, Office of Standards Evaluation and

Development (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

and conforming amendments, including changes brought about by the Coast

Guard Headquarters reorganization, to be included in the 1996

recodification of Title 33.

Discussion of Changes

Coast Guard Headquarters recently went through a comprehensive

streamlining and reorganization. The substantive functions it performs

are essentially unchanged; however, many functions have been

consolidated. This rule reflects the redistribution of functions and

responsibilities due to the reorganization.

The rule also makes editorial changes throughout the title to

correct addresses, update cross-references, and make other technical

corrections.

Sections 157.03, 159.3, 181.3, and 183.3 are being reformatted by

reorganizing the definitions into alphabetical order and removing

paragraph designators.

Section 165.T01-005 expired on May 1, 1994 and section 165.702

expired on December 31, 1991. These regulations are no longer needed

and are being removed.

In addition the safety zone in Sec. 165.1112 was originally

established to protect Navy cables and equipment on the ocean floor

which could have been damaged by anchoring, fishing, and similar

activities. The Navy equipment has been removed and this safety zone is

no longer required and is being removed.

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 June 30, 1996.

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.

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 (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 significant federalism implications

[[Page 33661]]

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 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 5

Volunteers.

33 CFR Part 8

Armed forces reserves.

33 CFR Part 19

Navigation (water), Vessels.

33 CFR Part 20

Administrative practice and procedure, Authority delegations

(Government agencies), Penalties, Water pollution control, Waterways.

33 CFR Part 26

Communications equipment, Marine safety, Radio, Telephone, Vessels.

33 CFR Part 45

Military personnel, Reporting and recordkeeping requirements.

33 CFR Part 51

Administrative practice and procedure, Military personnel.

33 CFR Part 67

Continental shelf, Navigation (water), Reporting and recordkeeping

requirements.

33 CFR Part 81

Navigation (water), Reporting and recordkeeping requirements,

Treaties.

33 CFR Part 89

Navigation (water), Reporting and recordkeeping requirements,

Waterways.

33 CFR Part 110

Anchorage grounds.

33 CFR Part 114

Bridges.

33 CFR Part 116

Bridges.

33 CFR Part 117

Bridges.

33 CFR Part 127

Fire prevention, Harbors, Natural gas, Reporting and recordkeeping

requirements, Security measures.

33 CFR Part 140

Continental shelf, Investigations, Marine safety, Occupational

safety and health, Penalties, Reporting and recordkeeping.

33 CFR Part 141

Citizenship and naturalization, Continental shelf, Employment,

Reporting and recordkeeping.

33 CFR Part 144

Continental shelf, Marine safety, Occupational safety and health.

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 159

Sewage disposal, Vessels.

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 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 174

Intergovernmental relations, Marine safety, Reporting and

recordkeeping requirements.

33 CFR Part 179

Maring safety, Reporting and recordkeeping requirements.

33 CFR Part 181

Labeling, Marine safety, Reporting and recordkeeping requirements.

33 CFR Part 183

Marine safety.

33 CFR Part 187

Marine safety, Reporting and recordkeeping requirements,

Administrative practice and procedure.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR parts 1, 2, 5, 8, 19, 20, 26, 45, 51, 67, 81, 89, 110, 114, 116,

117, 127, 140, 141, 144, 148, 151, 153, 154, 155, 156, 157, 158, 159,

160, 164, 165, 174, 179, 181, 183, and 187 as follows:.

PART 1--GENERAL PROVISIONS

1. The authority citation for part 1 is revised 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.,

[[Page 33662]]

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. 1.01-60 [Amended]

2. In Sec. 1.01-60, in paragraph (a), remove the words ``Office of

Navigation and Waterway Services,'' and add, in their place, the word

``Operations,''.

Sec. 1.05-1 [Amended]

3. In Sec. 1.05-1, in paragraph (g), remove the words ``Office of

Navigation Safety and Waterway services, and the Chief, Office of

Marine Safety, Security, and Environmental Protection'' and add, in

their place, the words ``Operations, and the Chief, Marine Safety and

Environmental Protection,''.

Sec. 1.10-5 [Amended]

4. In Sec. 1.10-5, in paragraph (a), remove the words ``Commandant

(GA), U.S. Coast Guard, 2100 Second Street SW., Washington, DC 20593''

and add, in their place, the words ``Chief, Office of Information

Management, U.S. Coast Guard Headquarters, 2100 Second Street SW.,

Washington, DC 20593-0001''; and in paragraph (c), remove the words

``Commandant (GA)'' and add, in their place, the words ``Chief, Office

of Information Management,''.

Sec. 1.26-5 [Amended]

5. In Sec. 1.26-5, in paragraph (b), remove the word ``(G-PS-5),''

and add, in their place, the word ``(G-WPM-3),''.

Secs. 1.01-70 and 1.01-80 [Amended]

6. In addition to the amendments set forth above, in 33 CFR part 1,

remove the words ``Office of Marine Safety, Security and Environmental

Protection'' and add, in their place, the words ``Marine Safety and

Environmental Protection'' in the following places:

(a) Section 1.01-70(b); and

(b) Section 1.01-80(b).

PART 2--JURISDICTION

7. 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]

8. In Sec. 2.05-1, in paragraph (c), remove the number ``82'' and

add, in its place, the number ``80''.

Sec. 2.05-20 [Amended]

9. In Sec. 2.05-20, in paragraph (b), remove the number ``82'' and

add, in its place, the number ``80''.

PART 5--COAST GUARD AUXILIARY

10. The authority citation for part 5 continues to read as follows:

Authority: 14 U.S.C. 633; 49 CFR 1.46.

11. In Sec. 5.01, paragraph (j) is revised to read as follows:

Sec. 5.01 Definitions

* * * * *

(j) Secretary means the Secretary of Transportation when the Coast

Guard operates in the Department of Transportation or the Secretary of

the Navy when the Coast Guard operates as part of the Navy.

* * * * *

PART 8--UNITED STATES COAST GUARD RESERVE

12. the authority citation for part 8 continues to read as follows:

Authority: 14 U.S.C. 633.

13. Section 8.3 is revised to read as follows:

Sec. 8.3 Organization of the Coast Guard Reserve.

(a) The Coast Guard Reserve is organized, trained and equipped

under the direction of the Commandant.

(b) The Director of Reserve and Training is responsible for the

overall administration and supervision of the Reserve.

(c) In Atlantic Area, Integrated Support Commands have

responsibility for local Reserve issues; however, in Pacific Area,

responsibility for local Reserve issues remains with District

Commanders.

(d) Most Coast Guard Reservists are fully integrated into active

duty Coast Guard units. There, Reservists perform the same duties and

have the same responsibilities as their active duty counterparts. Their

integrated work prepares Reservists to perform the duties of their

mobilization assignments while at the same time providing assistance to

the active service. Some Reservists are assigned to dedicated Reserve

units where they train and mobilize in support of national defense

operations.

14. Section 8.5 is revised to read as follows:

Sec. 8.5 Regulations for the Coast Guard Reserve.

(a) Regulations for the Coast Guard Reserve are established by the

Commandant.

(b) Permanent regulations are published in Coast Guard publications

and manuals and include the following:

(1) Coast Guard Regulations.

(2) Coast Guard Organization Manual.

(3) Coast Guard Reserve Administration and Training Manual.

(4) Personnel Manual.

(5) Recruiting Manual.

(6) Military Justice Manual.

(7) Comptroller Manual.

(c) Temporary regulations and orders affecting Reservists are

included in instructions or notices in the Coast Guard directives

system.

(d) Other regulations that affect the Reserve are located in

Department of Defense and Department of the Navy regulations in Title

32 of the Code of Federal Regulations.

15. Section 8.7 is revised to read as follows:

Sec. 8.7 Information.

(a) Information concerning the Coast Guard Reserve may be obtained

from Commandant (G-WTR), U.S. Coast Guard Headquarters, Washington, DC

20593-0001.

(b) Information and requirements for enlistment in the Coast Guard

Reserve or concerning the procurement of officers for the Coast Guard

Reserve can be obtained from the following offices:

(1) Any Coast Guard Recruiting Office.

(2) Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite

450, Arlington, VA 22203.

PART 19--WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND

REGULATIONS \1\

16. The authority citation for part 19 continues to read as

follows:

Authority: Sec. 1, 64 Stat. 1120, sec. 6(b)(1), 80 Stat. 937; 46

U.S.C. note prec. 1, 49 U.S.C. 1655(b)(1); 49 CFR 1.4(a)(2).

Sec. 19.06 [Amended]

17. In Sec. 19.06, in paragraphs (b) and (d), remove the word ``(G-

MVI),'' and add, in its place, the word ``(G-MOC),''.

---------------------------------------------------------------------------

\1\ Also codified as 46 CFR part 6.

---------------------------------------------------------------------------

PART 20--CLASS II CIVIL PENALTIES

18. The authority citation for part 20 continues to read as

follows:

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 49 CFR 1.46.

Sec. 20.102 [Amended]

19. In Sec. 20.102, all paragraph designators are removed.

PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS

20. 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.

[[Page 33663]]

Sec. 26.08 [Amended]

21. In Sec. 26.08, in paragraph (a), remove the words ``Office of

Navigation Safety and Waterway Services,'' and add, in their place, the

words ``Marine Safety and Environmental Protection,''; and in paragraph

(c) introductory text, remove the words, ``Office of Navigation Safety

and Waterway Services,'' and add, in their place, the words ``Marine

Safety and Environmental Protection,''.

PART 45--ENLISTMENT OF PERSONNEL

22. The authority citation for part 45 continues to read as

follows:

Authority: 14 U.S.C. 351, 371; 49 CFR 1.46(b).

Secs. 45.1 and 45.2 [Amended]

23. In 33 CFR part 45, remove the words ``Commandant (G-PMR), U.S.

Coast Guard, Washington, DC 20593.'' and add, in their place, the words

``Coast Guard Recruiting Center, 4200 Wilson Boulevard, Suite 450,

Arlington, VA 22203.'' in the following places:

(a) Section 45.1(b); and

(b) Section 45.2.

PART 51--COAST GUARD DISCHARGE REVIEW BOARD

24. The authority citation for part 51 continues to read as

follows:

Authority: 10 U.S.C. 1553.

Sec. 51.4 [Amended]

25. In Sec. 51.4, all paragraph designators are removed.

Sec. 51.9 [Amended]

26. In Sec. 51.9, in paragraph (b), remove the word ``, (G-PE/44)''

and add, in its place, the word ``(G-WPM),''.

PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED

STRUCTURES

27. 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. 67.10-25 [Amended]

28. In Sec. 67.10-25, in paragraph (a), remove the words ``U.S.

Coast Guard Short Range Aids to Navigation Division,'' and add, in

their place, the words ``the Office of Aids to Navigation, U.S. Coast

Guard Headquarters,''.

PART 81--72 COLREGS: IMPLEMENTING RULES

29. The authority citation for part 81 is revised to read as

follows:

Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.

Sec. 81.18 [Amended]

30. In Sec. 81.18, in paragraph (b), remove the words ``the Office

of Navigation Safety and Waterway Services,'' and add, in their place,

the words ``Marine Safety and Environmental Protection,''.

PART 89--INLAND NAVIGATION RULES: IMPLEMENTING RULES

31. 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]

32. In Sec. 89.18, in paragraph (a), remove the words ``Office of

Navigation Safety and Waterway Services,'' and add, in their place, the

words ``Chief, Marine Safety and Environmental Protection,''.

PART 110--ANCHORAGE REGULATIONS

33. The authority citation for part 110 continues to read as

follows:

Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-

1(g). Section 110.1a and each section listed in it are also issued

under 33 U.S.C. 1233 and 1231.

Sec. 110.128b [Amended]

34. In Sec. 110.128b, in paragraphs (a) and (b), add the words

``(Datum: OHD)'' following the last sentence.

Sec. 110.128c [Amended]

35. In Sec. 110.128c, redesignate paragraph (a) as introductory

text, and add the words ``(Datum: OHD)'' following the last sentence.

Sec. 110.224 [Amended]

36. In Sec. 110.224, the section heading, and in table

110.224(d)(1) in paragraph (d)(2), the entry for Anchorage No. 19 are

revised, and Note i following the table is removed and reserved, to

read as follows:

Sec. 110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait,

Suisun Bay, Sacramento River, San Joaquin River, and connecting waters,

CA.

* * * * *

(d) * * *

Table 110.224(d)(1)

------------------------------------------------------------------------

Anchorage No. General location Purpose Specific regulations

------------------------------------------------------------------------

* * * * *

19........... do................. do........... Note b.

* * * * *

------------------------------------------------------------------------

Notes: * * *

i. [Reserved]

* * * * *

Secs. 110.236 and 110.237 [Amended]

37. In addition to the amendments set forth above, in 33 CFR part

110, add the words ``(Datum: OHD)'' following the last sentence in the

paragraph in the following places:

(a) Section 110.236 (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6),

and (a)(7); and

(b) Section 110.237(a).

PART 114--GENERAL

38. The authority citation for part 114 is revised 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).

Sec. 114.01 [Amended]

39. In Sec. 114.01, in paragraphs (a)(2) and (c)(2) add the word

``unreasonably'' immedidately before the word ``obstructive''.

Sec. 114.05 [Amended]

40. In Sec. 114.05, paragraph (l), in both the paragraph heading

and text, remove the words ``Office of Navigation Safety and Waterway

Services'' and add, in their place, the word ``Operations''.

Sec. 114.50 [Amended]

41. In Sec. 114.50, remove the words ``Office of Navigation Safety

and Waterway Services,'' and add, in their place, the words ``Chief,

Office of Bridge Administration,''.

PART 116--ALTERATION OF UNREASONABLY OBSTRUCTIVE BRIDGES

42. The authority citation for part 116 continues to read as

follows:

Authority: 33 U.S.C. 401, 521; 49 U.S.C. CFR 1.4, 1.46(c).

Sec. 116.55 [Amended]

43. In Sec. 116.55, in paragraphs (a) and (b), remove the words

``Bridge Administration Division'' and add, in their place, the words

``Office of Bridge Administration''; and remove the words ``Office of

Navigation Safety and Waterway Services'' and add, in their place, the

word ``Operations''.

Sec. 116.10, 116.15, 116.20, 116.25, 116.30, 116.35, 116.40, and

116.45 [Amended]

44. In addition to the amendment set forth above, in 33 CFR part

116, remove the words ``Bridge Administration Division'' and add, in

their place, the words ``Office of Bridge Administration'' in the

following places:

(a) Section 116.10(c):

(b) Section 116.15 (a), (c), and (d);

(c) Section 116.20 (a) and (b);

[[Page 33664]]

(d) Section 116.25(a);

(e) Section 116.30 section heading, paragraphs (a), (d), (e), and

(g);

(f) Section 116.35(c);

(g) Section 116.40 (a), (b), and (c); and

(h) Section 116.45 (a) and (b).

PART 117--DRAWBRIDGE OPERATION REGULATIONS

45. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

Sec. 117.15 [Amended]

46. In Sec. 117.15, in paragraph (a)(3), remove the word ``part''

and add, in its place, the word ``party''.

Sec. 117.17 [Amended]

47. In Sec. 117.17, in the text, remove the word ``part'' and add,

in its place, the word ``pass''.

Sec. 117.47 [Amended]

48. In Sec. 117.47, in the section heading and paragraph (a),

remove the word ``gages'' and add, in its place, the word ``gauges'';

and in the note at the end of the section, remove the word ``gage'' and

add, in its place, the word ``gauge''.

49. In Sec. 117.1051, paragraph (e)(2)(i) is revised to read as

follows:

Sec. 117.1051 Lake Washington Ship Canal.

* * * * *

(e) * * *

(2) * * *

(i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m.

to 6 p.m.

* * * * *

50. In 33 CFR part 117, in Appendix A, the entries for the state of

California are revised to read as follows:

Appendix A to Part 117--Drawbridges Equipped With Radiotelephones

--------------------------------------------------------------------------------------------------------------------------------------------------------

Calling Working

Waterway Mile Location Bridge name and owner Call sign channel channel

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

California

Carquinez Strait...................... 7.0 Martinez................ Southern Pacific RR..... KQ 7193................. 16 14

Cerritos Channel...................... 4.8 Long Beach.............. Henry Ford (Badger) WHX 947................. 16 13

Avenue, Port of Los

Angeles.

4.9 Long Beach.............. Schuyler Heim, CA DOT... KXJ 749................. 16 13

Channel Street........................ 0 San Francisco........... 3rd Street, San WXY 959................. 16 9

Francisco.

0.2 San Francisco........... 4th Street, San WXY 970................. 16 9

Francisco.

Connection Slough..................... 2.5 Mandeville Island....... South Real Estate WHV 225................. 16 9

Company.

Cordelia Slough....................... 1.5 Benicia................. Southern Pacific RR..... KA 98642................ 16 9

Georgianna Slough..................... 4.5 Isleton................. Tyler Island, Sacramento WHU 246................. 16 9

Co.

12.4 Walnut Grove............ Georgianna Sl, WHU 254................. 16 9

Sacramento, Co.

Islais Creek.......................... 0.4 San Francisco........... 3rd Street, San WXY 977................. 16 9

Francisco.

Little Potato Slough.................. 1.0 Terminous............... Potato Slough, CA DOT, KSK 278................. 16 9

SR12.

Middle River.......................... 8.6 Bacon Island............ Bacon Island, San WBE 8326................ 16 9

Joaquin Co.

Mokelumne River....................... 3.0 Isleton................. Mokelumne, CA DOT, SR12. KMJ 382................. 16 9

12.1 Walnut Grove............ Millers Ferry, WBE 8326................ 16 9

Sacramento, Co.

Napa River............................ 2.8 Vallejo................. Mare Island Causeway, Military license only, 16 13

Navy. No FCC..

Oakland Inner Harbor Tidal Canal...... 5.2 Oakland................. Park Street, Alameda WHX 996................. 16 9

County.

5.6 Oakland................. Fruitvale Avenue, WQB 330................. 16 9

Alameda County.

6.0 Oakland................. High Street, Alameda WHX 488................. 16 9

County.

Old River............................. 10.4 Orwood.................. Santa Fe Railroad Bridge WHU 322................. 16 9

14.8 Victoria Island......... Victoria Island, CA DOT. KXE 301................. 16 9

Pacheco Creek......................... 1.1 Martinez................ Avon, Southern Pacific KA 97324................ 16 6

RR.

Petaluma River........................ 13.7 Petaluma................ D Street Bridge, WQX 644................. 16 9

Petaluma.

Sacramento River...................... 12.8 Rio Vista............... Rio Vista, CA DOT, SR12. KMJ 384................. 16 9

15.7 Isleton................. Isleton, CA DOT, SR160.. KMJ 383................. 16 9

26.7 Walnut Grove............ Walnut Grove, Sacto Co., KMJ 491................. 16 9

SR E-13.

33.4 Paintersville........... Paintersville, CA DOT, KMJ 381................. 16 9

SR160.

46.0 Freeport................ Freeport Sacto Co., SR E- KMJ 490................. 16 9

9.

59.0 Sacramento.............. Tower Bridge, CA DOT.... KDO 739................. 16 9

59.4 Sacramento.............. I Street Southern WHW 554................. 16 9

Pacific RR.

San Leandro Bay....................... 0 Alameda................. Bay Farm Island, CA DOT. WHX 870................. 16 9

[[Page 33665]]

Steamboad Slough...................... 11.2 Courtland............... Steamboat Slough, CA WHX 295................. 16 9

DOT, SR160.

Three Mile Slough..................... 0.1 Rio Vista............... Three Mile Slough, CA KMJ 385................. 16 9

DOT, SR160.

Turner Cut............................ 2.3 McDonald Island......... Zuckerman Bros. Br, WHV 959................. 16 9

Delta Farms.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 127--LIQUEFIED NATURAL GAS WATERFRONT FACILITIES

51. The authority citation for part 127 continues to read as

follows:

Authority: 33 U.S.C. 1231; 49 CFR 1.46.

Sec. 127.003 [Amended]

52. In Sec. 127.003, in paragraph (a), remove the word ``(G-MTH),''

and add, in its place, the word ``(G-MOC),''; and in paragraph (b),

under the entry for National Fire Protection Association, before the

words ``Batterymarch Park'' add the number ``1''.

Sec. 127.015 [Amended]

53. In Sec. 127.015, in paragraphs (c)(1) and (d), remove the words

``Office of Marine Safety, Security and Environmental Protection'' and

add, in their place, the words ``Marine Safety and Environmental

Protection''.

PART 140--GENERAL

54. The authority citation for part 140 continues to read as

follows:

Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46.

Sec. 140.7 [Amended]

55. In Sec. 140.7, in paragraph (a), remove the words ``Merchant

Vessel Inspection and Documentation Division (G-MVI),'' and add, in

their place, the words ``Office of Compliance (G-MOC),''; and in

paragraph (b) under American National Standards Institute, remove the

words ``1430 Broadway, New York, NY 10018'' and add, in their place,

the words ``11 West 42nd Street, New York, NY 10036''.

Sec. 140.15 [Amended]

56. In Sec. 140.15, paragraph (b), remove the words ``Coast Guard

Publication CG-190, ``Equipment Lists'' and add, in their place, the

words ``COMDTINST M16714.3 (Series) Equipment List'' and remove the

word ``(G-MVI),'' and add, in its place, the word ``(G-MSE),''.

PART 141--PERSONNEL

57. The authority citation for part 141 is revised to read as

follows:

Authority: 43 U.S.C. 1356; 49 CFR 1.46(z).

Sec. 141.20 [Amended]

58. In Sec. 141.20, in paragraph (c), remove the word ``(G-MVP),''

and add, in its place, the word ``(G-MOC),''.

PART 144--LIFESAVING APPLIANCES

59. The authority citation for part 144 continues to read as

follows:

Authority: 43 U.S.C. 1333d; 46 U.S.C. 3102(a); 46 CFR 1.46.

Sec. 144.30-5 [Amended]

60. In Sec. 144.30-5, in paragraph (a), remove the word ``(G-

MVI),'' and add, in its place, the word ``(G-MSE),''.

PART 148--GENERAL

61. 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).

Secs. 148.211 and 148.217 [Amended]

62. In 33 CFR part 148, remove the words ``Office of Marine Safety,

Security and Environmental Protection'' and add, in their place, the

words ``Marine Safety and Environmental Protection'' in the following

places:

(a) Section 148.211 introductory text; and

(b) Section 148.217(a).

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,

MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

63. The authority citation for part 151 continues to read as

follows:

Authority: 33 U.S.C. 1321(j)(1)(C) and 1903(b); E.O. 12777; 3

CFR, 1991 Comp. p. 351; 49 CFR 1.46.

Sec. 151.1012 [Amended]

64. In Sec. 151.1012, in paragraph (a), remove the word ``(G-MPS-

1),'' and add, in its place, the word ``(G-MOC),''.

Sec. 151.1021 [Amended]

65. In Sec. 151.1021, in paragraphs (b)(1) and (c), remove the

words ``Office of Marine Safety, Security and Environmental

Protection'' and add, in their place, the words ``Marine Safety and

Environmental Protection''.

Sec. 151.27 and 151.28 [Amended]

66. In addition to the amendments set forth above, in 33 CFR part

151, remove the word ``(G-MEP-6)'' and add, in its place, the word

``(G-MOR)'' in the following places:

(a) Section 151.27(b); and

(b) Section 151.28(a), (b), and (c).

PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES,

DISCHARGE REMOVAL

67. The authority citation for part 153 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]

68. In Sec. 153.103, in paragraph (d), remove the words ``Office of

Marine Safety, Security and Environmental Protection'' and add, in

their place, the words ``Marine Safety and Environmental Protection''.

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

69. 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. 154.106 [Amended]

70. In Sec. 154.106, in paragraph (b), under the entry American

National Standards Institute, remove the words ``1430 Broadway, New

York, NY 10018'' and add, in their place, the words ``11 West 42nd

Street, New York, NY 10036''; and under the entry for National Fire

Protection Association, before the words ``Batterymarch Park'' add the

number ``1''.

[[Page 33666]]

Sec. 154.108 [Amended]

71. In Sec. 154.108, in paragraphs (a) and (d), remove the words

``Office of Marine Safety, Security and Environmental Protection'' and

add, in their place, the words ``Marine Safety and Environmental

Protection''.

Sec. 154.1075 [Amended]

72. In Sec. 154.1075, in paragraph (d), remove the word ``(G-

MEP),'' and add, in its place, the word ``(G-MOR),''.

Appendix C, Part 154 [Amended]

73. In 33 CFR part 154, in Appendix C, in paragraph 6.3.2, remove

the word ``(G-MEP-6),'' and add, in its place, the word ``(G-MOR),''.

Secs. 154.800, 154.802, 154.806, 154.822, 154.826, 154.828, and

Appendix A [Amended]

74. In addition to the amendments set forth above, in 33 CFR part

154, remove the word ``(G-MTH)'' and add, in its place, the word ``(G-

MSO)'' in the following places:

(a) Section 154.800(b);

(b) Section 154.802, in the definition of certifying entity;

(c) Section 154.806(a), (b), (d), and the note at the end of the

section;

(d) Section 154.822(a)(2) and (b);

(e) Section 154.826(a)(3);

(f) Section 154.828(a)(3); and

(g) Appendix A to part 154, introductory text.

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

75. 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.

Sec. 155.140 [Amended]

76. In Sec. 155.140, in paragraph (a), remove the words ``Marine

Environmental Protection Division (G-MEP), room 2100,'' and add, in

their place the words ``Office of Compliance (G-MOC),''; and in

paragraph (b), under the entry for Oil Companies International Marine

Forum, remove the words ``6th Floor, Portland House, Stag Place, London

SW1E 5BH England'' and add, in their place, the words ``15th Floor, 96

Victoria Street, London SW1E 5JW England''.

Sec. 155.1035 [Amended]

77. In Sec. 155.1035, in paragraph (b)(5)(i), remove the word ``G-

MOS-4'' and add, in its place, the word ``G-MSO-4''.

Sec. 155.1065 [Amended]

78. In Sec. 155.1065, in paragraph (a), remove the word ``(G-

MRO),'' and add, in its place, the word ``(G-MOR),''.

Sec. 155.1070 [Amended]

79. In Sec. 155.1070, paragraph (f), remove the words ``Office of

Marine Safety and Environmental Protection,'' and add, in their place,

the words ``Marine Safety and Environmental Protection,''.

Appendix B to Part 155 [Amended]

80. In 33 CFR part 155, in Appendix B to the part, in paragraph

6.5, remove the word ``(G-MRO)'' and add, in its place, the word ``(G-

MOR)''.

PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS

81. 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]

82. In Sec. 156.110, in paragraphs (a) and (d), remove the words

``Office of Marine Safety, Security and Environmental Protection,'' and

add, in their place, the words ``Marine Safety and Environmental

Protection,''.

Sec. 156.111 [Amended]

83. In Sec. 156.111, in paragraph (a), remove the words ``Marine

Environmental Protection Division (G-MEP), room 2100,'' and add, in

their place the words ``Office of Compliance (G-MOC),''.

PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT

RELATING TO TANK VESSELS CARRYING OIL IN BULK

84. 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. Subpart G is issued under section 4115(b), Pub. L. 101-380,

104 Stat. 520.

85. Section 157.03 is revised to read as follows:

Sec. 157.03 Definitions.

Except as otherwise stated in a subpart:

Amidships means the middle of the length.

Ballast voyage means the voyage that a tank vessel engages in after

it leaves the port of final cargo discharge.

Breadth or B means the maximum molded breadth of a vessel in

meters.

Cargo tank length means the length from the forward bulkhead of

the forwardmost cargo tanks, to the after bulkhead of the aftermost

cargo tanks.

Center tank means any tank inboard of a longitudinal bulkhead.

Clean ballast means ballast which:

(1) If discharged from a vessel that is stationary into clean, calm

water on a clear day, would not--

(i) Produce visible traces of oil on the surface of the water or on

adjoining shore lines; or

(ii) Cause a sludge or emulsion to be deposited beneath the surface

of the water or upon adjoining shore lines; or

(2) If verified by an approved cargo monitor and control system,

has an oil content that does not exceed 15 p.m.

Combination carrier means a vessel designed to carry oil or solid

cargoes in bulk.

Crude oil means any liquid hydrocarbon mixture occurring naturally

in the earth, whether or not treated to render it suitable for

transportation, and includes crude oil from which certain distillate

fractions may have been removed, and crude oil to which certain

distillate fractions may have been added.

Deadweight or DWT means the difference in metric tons between the

lightweight displacement and the total displacement of a vessel

measured in water of specific gravity 1.025 at the load waterline

corresponding to the assigned summer freeboard.

Dedicated clean ballast tank means a cargo tank that is allocated

solely for the carriage of clean ballast.

Domestic trade means trade between ports or places within the

United States, its territories and possessions, either directly or via

a foreign port including trade on the navigable rivers, lakes, and

inland waters.

Double bottom means watertight protective spaces that do not carry

any oil and which separate the bottom of tanks that hold any oil within

the cargo tank length from the outer skin of the vessel.

Double hull means watertight protective spaces that do not carry

any oil and which separate the sides, bottom, forward end, and aft end

of tanks that hold any oil within the cargo tank length from the outer

skin of the vessel as prescribed in Sec. 157.10d.

Doubles sides means watertight protective spaces that do not carry

any oil and which separate the sides of tanks that hold any oil within

the cargo tank length from the outer skin of the vessel.

Existing vessel means means any vessel that is not a new vessel.

Foreign trade means any trade that is not domestic trade.

From the nearest land means means from the baseline from which the

[[Page 33667]]

territorial sea of the United States is established in accordance with

international law.

Inland vessel means a vessel that is not oceangoing and that does

not operate on the Great Lakes.

Instantaneous rate of discharge of oil content means the rate of

discharge of oil in liters per hour at any instant, divided by the

speed of the vessel in knots at the same instant.

Integrated tug barge means a tug and a tank barge with a mechanical

system that allows the connection of the propulsion unit (the tug) to

the stern of the cargo carrying unit (the tank barge) so that the two

vessels function as a single self-propelled vessel.

Large primary structural member includes any of the following:

(1) Web frames.

(2) Girders.

(3) Webs.

(4) Main brackets.

(5) Transverses.

(6) Stringers.

(7) Struts in transverse web frames when there are 3 or more struts

and the depth of each is more than \1/15\ of the total depth of the

tank.

Length or L means the distance in meters from the fore side of the

stem to the axis of the rudder stock on a waterline at 85 percent of

the least molded depth measured from the molded baseline, or 96 percent

of the total length on that waterline, whichever is greater. In vessels

designed with drag, the waterline is measured parallel to the designed

waterline.

Lightweight means the displacement of a vessel in metric tons

without cargo, oil fuel, lubricating oil, ballast water, fresh water,

and feedwater in tanks, consumable stores, and any persons and their

effects.

Major conversion means a conversion of an existing vessel that:

(1) Substantially alters the dimensions or carrying capacity of the

vessel, except a conversion that includes only the installation of

segregated ballast tanks, dedicated clean ballast tanks, a crude oil

washing system, double sides, a double bottom, or a double hull;

(2) Changes the type of vessel;

(3) Substantially prolongs the vessel's service life; or

(4) Otherwise so changes the vessel that it is essentially a new

vessel, as determined by the Commandant (G-MOC).

MARPOL Protocol means the Protocol of 1978 Relating to the

International Convention for the Prevention of Pollution from Ships,

1973, done at London on February 17, 1978. This Protocol incorporates

and modifies the International Convention for the Prevention of

Pollution from Ships, 1973, done at London on November 2, 1973.

New vessel means:

(1) A U.S. vessel in domestic trade that:

(i) Is constructed under a contract awarded after December 31,

1974;

(ii) In the absence of a building contract, has the keel laid or is

at a similar stage of construction after June 30, 1975;

(iii) Is delivered after December 31, 1977; or

(iv) Has undergone a major conversion for which:

(A) The contract is awarded after December 31, 1974;

(B) In the absence of a contract, conversion is begun after June

30, 1975; or

(C) Conversion is completed after December 31, 1977; and

(2) A foreign vessel or a U.S. vessel in foreign trade that:

(i) Is constructed under a contract awarded after December 31,

1975;

(ii) In the absence of a building contract, has the keel laid or is

at a similar stage of construction after June 30, 1976;

(iii) Is delivered after December 31, 1979; or

(iv) Has undergone a major conversion for which:

(A) The contract is awarded after December 31, 1975;

(B) In the absence of a contract, conversion is begun after June

30, 1976; or

(C) Conversion is completed after December 31, 1979.

Oceangoing has the same meaning as defined in Sec. 151.05 of this

chapter.

Oil means oil of any kind or in any form including, but not limited

to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes

other than dredged spoil. This includes liquid hydrocarbons as well as

animal and vegetable oils.

Oil fuel means any oil used as fuel for machinery in the vessel in

which it is carried.

Oil spill response vessel means a vessel that is exclusively

dedicated to operations to prevent or mitigate environmental damage due

to an actual or impending accidental oil spill. This includes a vessel

that performs routine service as an escort for a tank vessel, but

excludes a vessel that engages in any other commercial activity, such

as the carriage of any type of cargo.

Oil tanker means a vessel that is constructed or adapted primarily

to carry crude oil or products in bulk as cargo. This includes a tank

barge, a tankship, and a combination carrier, as well as a vessel that

is constructed or adapted primarily to carry noxious liquid substances

in bulk as cargo and which also carries crude oil or products in bulk

as cargo.

Oil mixture means a mixture with any oil content.

Permeability of a space means the ratio of the volume within a

space that is assumed to be occupied by water to the total volume of

that space.

Product means any liquid hydrocarbon mixture in any form, except

crude oil, petrochemicals, and liquefied gases.

Segregated ballast means the ballast water introduced into a tank

that is completely separated from the cargo oil and oil fuel system and

that is permanently allocated to the carriage of ballast.

Slop tank means a tank specifically designated for the collection

of cargo drainings, washings, and other oil mixtures.

Tank means an enclosed space that is formed by the permanent

structure of a vessel, and designed for the carriage of liquid in bulk.

Tank barge means a tank vessel not equipped with a means of self-

propulsion.

Tank vessel means a vessel that is constructed or adapted primarily

to carry, or that carries, oil or hazardous material in bulk as cargo

or cargo residue, and that--

(1) Is a vessel of the United States;

(2) Operates on the navigable waters of the United States; or

(3) Transfers oil or hazardous material in a port or place subject

to the jurisdiction of the United States. This does not include an

offshore supply vessel, or a fishing vessel or fish tender vessel of

not more than 750 gross tons when engaged only in fishing industry.

Tankship means a tank vessel propelled by mechanical power or sail.

Wing tank means a tank that is located adjacent to the side shell

plating.

Sec. 157.06 [Amended]

85a. In Sec. 157.06, in paragraph (c), remove the words ``Office of

Merchant Marine Safety'' and add, in their place, the words ``Marine

Safety and Environmental Protection'', each time they appear in the

paragraph.

Sec. 157.06 and 157.306 [Amended]

86. In addition to the amendments set forth above, in 33 CFR part

157, remove the words ``Office of Marine Safety, Security and

Environmental Protection'' and add, in their place, the words ``Marine

Safety and Environmental Protection'' in the following places:

(a) Section 157.06(c);

[[Page 33668]]

(b) Section 157.06(d); and

(c) Section 157.306(a).

Secs. 157.04, 157.24a, 157.102, 157.110, 157.144, 157.147, 157.202,

157.208, 157.302, and 157.306 [Amended]

87. In addition to the amendments set forth above, in 33 CFR part

157, remove the word ``(G-MVI)'' and add, in its place, the word ``(G-

MOC)'' in the following places:

(a) Section 157.04(b) and (d)(5);

(b) Section 157.24a (b)(1) and (c)(1);

(c) Section 157.102 introductory text;

(d) Section 157.110 introductory text;

(e) Section 157.144(a);

(f) Section 157.147(a);

(g) Section 157.202 introductory text;

(h) Section 157.208 introductory text;

(i) Section 157.302(a); and

(j) Section 157.306(c).

PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES,

AND GARBAGE

88. The authority citation for part 158 continues to read as

follows:

Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.

89. Section 158.140(a)(2) is revised to read as follows:

Sec. 158.140 Applying for a Certificate of Adequacy.

(a) * * *

(1) * * *

(2) An applicant for a Certificate of Adequacy required by section

158.135(c) must apply on Form C to the COTP of the Zone in which the or

terminal is located.

* * * * *

Sec. 158.160 [Amended]

90. In Sec. 158.160, in paragraph (c) introductory text, remove the

words ``Commandant (G-MPS-1) or''.

Sec. 158.190 [Amended]

91. In Sec. 158.190, in paragraphs (c)(1) and (d), remove the words

``Office of Marine Safety, Security and Environmental Protection'' and

add, in their place, the words ``Marine Safety and Environmental

Protection''.

PART 159--MARINE SANITATION DEVICES

92. The authority citation for part 159 continues to read as

follows:

Authority: Sec. 312(b)(1), 86 Stat. 871 (33 U.S.C. 1322(b)(1));

49 CFR 1.45(b) and 1.46 (l) and (m).

93. Section 159.3 is revised to read as follows:

Sec. 159.3 Definitions.

In this part:

Coast Guard means the Commandant or his authorized representative.

Discharge includes, but is not limited to, any spilling, leaking,

pouring, pumping, emitting, emptying, or dumping.

Existing vessel includes any vessel, the construction of which was

initiated before January 30, 1975.

Fecal coliform bacteria are those organisms associated with the

intestine of warm-blooded animals that are commonly used to indicate

the presence of fecal material and the potential presence of organisms

capable of causing human disease.

Inspected vessel means any vessel that is required to be inspected

under 46 CFR Ch. I.

Manufacturer means any person engaged in manufacturing, assembling,

or importing of marine sanitation devices or of vessels subject to the

standards and regulations promulgated under section 312 of the Federal

Water Pollution Control Act.

Marine sanitation device and device includes any equipment for

installation on board a vessel which is designed to receive, retain,

treat, or discharge sewage, and any process to treat such sewage.

New vessel includes any vessel, the construction of which is

initiated on or after January 30, 1975.

Person means an individual, partnership, firm, corporation, or

association, but does not include an individual on board a public

vessel.

Public vessel means a vessel owned or bare-boat chartered and

operated by the United States, by a State or political subdivision

thereof, or by a foreign nation, except when such vessel is engaged in

commerce.

Recognized facility means any laboratory or facility listed by the

Coast Guard as a recognized facility under this part.

Sewage means human body wastes and the wastes from toilets and

other receptacles intended to receive or retain body waste.

Territorial seas means the belt of the seas measured from the line

of ordinary low water along that portion of the coast which is in

direct contact with the open sea and the line marking the seaward limit

of inland waters, and extending seaward a distance of 3 miles.

Type I marine sanitation device means a device that, under the test

conditions described in Secs. 159.123 and 159.125, produces an effluent

having a fecal coliform bacteria count not greater than 1,000 per 100

milliliters and no visible floating solids.

Type II marine sanitation device means a device that, under the

test conditions described in Secs. 159.126 and 159.126a, produces an

effluent having a fecal coliform bacteria count not greater than 200

per 100 milliliters and suspended solids not greater than 150

milligrams per liter.

Type III marine sanitation device means a device that is designed

to prevent the overboard discharge of treated or untreated sewage or

any waste derived from sewage.

Uninspected vessel means any vessel that is not required to be

inspected under 46 CFR Chapter I.

United States includes the States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,

the Canal Zone, and the Trust Territory of the Pacific Islands.

Vessel includes every description of watercraft or other artificial

contrivance used, or capable of being used, as a means of

transportation on the waters of the United States.

Sec. 159.201 [Amended]

94. In Sec. 159.201, in paragraph (a), remove the word ``(G-MVI),''

and add, in its place, the word ``(G-MOC),''.

Secs. 159.12, 159.15, 159.17, 159.19, and 159.205 [Amended]

95. In addition to the amendments set forth above, in 33 CFR part

159, remove the word ``(G-MVI),'' and add, in its place, the word ``(G-

MSE),'' in the following places:

(a) Section 159.12(c);

(b) Section 159.15 (a) and (c);

(c) Section 159.17 (a) and (c);

(d) Section 159.19(a); and

(e) Section 159.205 (j) and (k).

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

96. The authority citation for part 160 continues to read as

follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 3703a (note); 49 CFR 1.46.

Section 160.207(c)(5) is issued under 4115(b), Pub. L. 101-380, 104

Stat. 520.

Sec. 160.7 [Amended]

97. In Sec. 160.7, in paragraph (c), remove the words ``Office of

Marine Safety, Security and Environmental Protection'' and add, in

their place, the words ``Marine Safety and Environmental Protection''

wherever it appears in the paragraph.

Sec. 160.113 [Amended]

98. In Sec. 160.113, in paragraph (d), remove the word

``operationg'' and add, in its place,the word ``operating''.

Sec. 160.201 [Amended]

99. In Sec. 160.201, in paragraph (c) introductory text, remove the

words ``Sections 160.207 and 160.209 do'' and

[[Page 33669]]

add, in their place, the words ``Section 160.207 does''.

PART 164--NAVIGATION SAFETY REGULATIONS

100. The authority citation for part 164 continues to read as

follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 2103, 3703; 49 CFR 1.46.

Sec. 164.13 also issued under 46 U.S.C. 8502 sec. 4114(a), Pub. L.

101-380, 104 Stat. 517 (46 U.S.C. 3703 note). Sec. 164.61 also

issued under 46 U.S.C. 6101.

Sec. 164.03 [Amended]

101. In Sec. 164.03, in paragraph (a), remove the words ``U.S.

Coast Guard, Marine Environmental Protection Division (G-MEP), room

2100'' and add, in their place, the words ``Office of Vessel Traffic

Management (G-MOV), Coast Guard Headquarters''.

Sec. 164.41 [Amended]

102. In Sec. 164.41, in paragraph (a)(3), remove the words ``Office

of Navigation Safety and Waterway Services,'' and add, in their place,

the words ``Chief, Operations,''.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

103. 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, Subpart F [Amended]

104. In 33 CFR part 165, in the Table of Contents, under Subpart F,

remove the entry for Sec. 165.T01-134.

Sec. 165.T01-005 [Removed]

105. Section 165.T01-005 is removed.

Secs. 165.202, 165.203, and 165.204 [Redesignated as Secs. 165.815,

165.817, and 165.819]

106. Sections 165.202, 165.203, and 165.204 are redesignated as

sections 165.815, 165.817, and 165.819.

Sec. 165.702 [Removed]

107. Section 165.702 is removed.

Sec. 165.1112 [Removed]

Section 165.1112 is removed.

Sec. 165.1402 [Amended]

108. In Sec. 165.1402, in paragraphs (a) and (b)(4), add the words

``(Based on WGS 84 Datum)'' following the last sentence in the

paragraph.

Sec. 165.1406 [Amended]

109. In Sec. 165.1406, in paragraph (a), add the words ``(Datum:

OHD)'' following the last sentence in the paragraph.

PART 174--STATE NUMBERING AND CASUALTY REPORTING SYSTEMS

110. 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]

111. In Sec. 174.3, all paragraph designators are removed.

Secs. 174.7 and 174.125 [Amended]

112. In addition to the amendments set forth above, in 33 CFR part

174, remove the words ``U.S. Coast Guard Auxiliary, Boating, and

Consumer Affairs Division,'' and add, in their place, the words

``Office of Boating Safety,'' in the following places:

(a) Section 174.7; and

(b) Section 174.125.

PART 179--DEFECT NOTIFICATION

113. The authority citation for part 179 continues to read as

follows:

Authority: 43 U.S.C. 1333; 46 U.S.C. 4302, 4307, 4310, and 4311;

49 CFR 1.46.

Sec. 179.19 [Amended]

114. In Sec. 179.19, in the text, remove the words ``U.S. Coast

Guard Recreational Boating Product Assurance Branch,'' and add, in

their place, the words ``Recreational Boating Product Assurance

Division,''.

PART 181--MANUFACTURER REQUIREMENTS

115. The authority citation for part 181 continues to read as

follows:

Authority: 46 U.S.C. 4302 and 4310; 49 CFR 1.46.

116. Section 181.3 is revised to read as follows:

Sec. 181.3 Definitions.

As used in this part:

Associated equipment means:

(1) Any system, part, or component of a boat as originally

manufactured or any similar part or component manufactured or sold for

replacement, repair, or improvement of such system, part, or component;

(2) Any accessory or equipment for, or appurtenance to, a boat; and

(3) Any marine safety article, accessory, or equipment intended for

use by a person or board a boat; but

(4) Excluding radio equipment.

Boat means any vessel manufactured or used primarily for

noncommercial use; leased, or rented, or chartered to another for the

latter's noncommercial use; or engaged in the carrying of six or fewer

passengers.

Date of certification means the date on which a boat or item of

associated equipment is certified to comply with all applicable U.S.

Coast Guard safety standards in effect on that date.

Date of manufacture means the month and year during which

construction or assembly of a boat or item of associated equipment

begins.

Manufacturer means any person engaged in:

(1) The manufacture, construction, or assembly of boats or

associated equipment; or

(2) The importation into the United States for sale of boats,

associated equipment, or components thereof.

Model year means the period beginning August 1 of any year and

ending on July 31 of the following year. Each model year is designated

by the year in which it ends.

Private label merchandiser means any person engaged in the business

of selling and distributing, under his own trade name, boats, or items

of associated equipment manufactured by another.

Sec. 181.4 [Amended]

117. In Sec. 181.4, paragraph (a), remove the words ``United States

Coast Guard Survival Systems Branch (G-MVI-3),'' and add, in their

place, the words ``Lifesaving and Fire Safety Standards Division (G-

MSE-4),''.

Secs. 181.31 and 181.33 [Amended]

118. In addition to the amendments set forth above, in 33 CFR part

181, remove the words ``U.S. Coast Guard Recreational Boating Product

Assurance Branch,'' and add, in their place, the words ``Recreational

Boating Product Assurance Division,'' in the following places:

(a) Section 181.31 (a) and (b); and

(b) Section 181.33(b).

PART 183--BOATS AND ASSOCIATED EQUIPMENT

119. The authority citation for part 183 continues to read as

follows:

Authority: 46 U.S.C. 4302; 49 CFR 1.46.

120. In Section 183.3 the definitions are revised to read as

follows:

Sec. 183.3 Definitions.

Beam means the transverse distance between the outer sides of the

boat excluding handles, and other similar fittings, attachments, and

extensions.

Boat means any vessel manufactured or used primarily for

noncommercial use; leased, rented, or chartered to another for the

latter's noncommercial use; or engaged in the carrying of six or fewer

passengers.

Full transom means a transom with a maximum width which exceeds

one-half the maximum beam of the boat.

[[Page 33670]]

Length means the straight line horizontal measurement of the

overall length from the foremost part of the boat to the aftermost part

of the boat, measured from end to end over the deck excluding sheer,

and measured parallel to the centerline. Bow sprits, bumpkins, rudders,

outboard motor brackets, handles, and other similar fittings,

attachments, and extensions are not included in the measurement.

Monohull boat means a boat on which the line of intersection of the

water surface and the boat at any operating draft forms a single closed

curve. For example, a catamaran, trimaran, or a pontoon boat is not a

monohull boat.

Motorwell means any arrangement of bulkheads or structures that

prevents water from entering the passenger carrying area of the boat

through any cutout area in the transom for mounting an outboard motor.

Motorwell height means the vertical distance from the lowest point

of water ingress along the top of the motorwell to a line representing

a longitudinal extension of the centerline of the boat's bottom

surface, excluding keels. This distance is measured as a projection on

the centerline plane of the boat. See Figure 183.3.

Permanent appurtenances means equipment that is mounted or

fastened, so that it is not removable without the use of tools. Seats,

inboard engines, windshields, helm stations, or hardtops are permanent

appurtenances. Outboard motors, controls, batteries, and portable fuel

tanks are not permanent appurtenances.

Remote steering means any mechanical assist device which is rigidly

attached to the boat and used in steering the vessel, including but not

limited to mechanical, hydraulic, or electrical control systems.

Sailboat means a boat designed or intended to use sails as the

primary means of propulsion.

Sheer means the topmost line in a boat's side. The sheer intersects

the vertical centerline plane of the boat at the forward end and

intersects the transom (stern) at the aft end. For the purposes of this

definition, the topmost line in a boat's side is the line defined by a

series of points of contact with the boat structure, by straight lines

at 45 degree angles to the horizontal and contained in a vertical plane

normal to the outside edge of the boat as seen from above and which are

brought into contact with the outside of the horizontal boat. A boat is

horizontal when it is transversely level and when the lowest points at

40 percent and 75 percent of the boat's length behind the most forward

point of the boat are level.

Transom means the surface at the stern of a boat projecting or

facing aft. The upper boundary of the transom is the line defined by a

series of points of contact, with the boat structure, by straight lines

at 45 degree angles to the horizontal and contained in a vertical

longitudinal plane and which are brought into contact with the stern of

the horizontal boat. A boat is horizontal when it is transversely level

and when the lowest points at 40 percent and 75 percent of the boat's

length behind the most forward point of the boat are level.

Vessel includes every description of watercraft, other than a

seaplane on the water, used or capable of being used as a means of

transportation on the water.

* * * * *

Sec. 183.5 [Amended]

121. In Sec. 183.5, in paragraph (a), remove the words ``United

States Coast Guard Recreational Boating Product Assurance Branch,'' and

add, in their place, the words ``Recreational Boating Product Assurance

Division,''; and in paragraph (b), under the entry for Institute of

Electrical and Electronic Engineers, remove the words ``3435 East 47th

Street, New York, NY 10017'' and add, in their place, the words ``445

Hoes Lane, Piscataway, NJ 08854''; and under the entry for National

Fire Protection Association, before the words ``Batterymarch Park'' add

the number ``1''.

Sec. 183.110 [Amended]

122. In Sec. 183.110, in the definition of ASTM, remove the words

``Room 4210,'' and add, in their place, the words ``Room 1308,''; and

remove the word ``appoved'' and add, in its place, the word

``approved''.

Sec. 183.402 [Amended]

123. In Sec. 183.402, all paragraph designators are removed.

PART 187--VESSEL IDENTIFICATION SYSTEM

124. The authority citation for part 187 continues to read as

follows:

Authority: 46 U.S.C. 2103; 49 CFR 1.46.

Secs. 187.7 and 187.9 [Amended]

125. In 33 CFR part 187, remove the word ``(G-NAB)'' and add, in

its place, the word ``(G-OPB)'' in the following places:

(a) Section 187.7(a); and

(b) Section 187.9(b).

Dated: June 21, 1996.

Howard L. Hime,

Acting Director of Standards, Marine Safety and Environmental

Protection.

[FR Doc. 96-16488 Filed 6-27-96; 8:45 am]

BILLING CODE 4910-14-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.