[Federal Register Volume 72, Number 95 (Thursday, May 17, 2007)]
[Rules and Regulations]
[Pages 27738-27739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2459]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 151
[USCG-2007-28201]
RIN 1625-ZA13
Vessels Carrying Oil, Noxious Liquid Substances, Garbage,
Municipal or Commercial Waste, and Ballast Water; Technical,
Organizational and Conforming Amendment
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes a non-substantive change to Title 33 of the
Code of Federal Regulations. The purpose of this rule is to make a
conforming amendment and technical correction to a Coast Guard
navigation and navigable water regulation. This rule will have no
substantive effect on the regulated public.
DATES: This final rule is effective May 17, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2007-28201 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Ray Davis, Coast Guard, telephone 202-372-1461. If you have
questions on viewing the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard
finds this rule is exempt from notice and comment rulemaking
requirements because this change involves agency organization and
practices, and good cause exists for not publishing an NPRM for the
revision in the rule because it is a non-substantive change. This rule
consists only of a technical and conforming amendment. The change 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, for the same reasons, good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.
Background and Purpose
This rule, which becomes effective May 17, 2007, makes a technical
correction to 33 CFR part 151. This rule does not create any
substantive requirements.
Discussion of Rule
This rule corrects the authority citation in part 151 and amends 33
CFR Sec. 151.2010. When the Coast Guard converted the voluntary
ballast water management guidelines in 33 CFR part 151, Subpart D, into
a mandatory ballast water management program (69 FR 44952, July 28,
2004), we inadvertently did not make changes to Sec. 151.2010 to
reflect several exemptions. Specifically, that crude oil tankers
engaged in coastwise trade and Department of Defense and Coast Guard
vessels were exempted from the mandatory ballast water management
requirements in Sec. 151.2035, which had previously been a voluntary
program as stated by statutory language in the National Invasive
Species Act of 1996 (NISA). We discussed this exemption and its
reasoning in the preamble of the 2004 final rule, stating, ``NISA
authorizes specific exemptions for crude oil tankers engaged in
coastwise trade, and Department of Defense and Coast Guard vessels.
Therefore, we do not currently have the authority to include these
vessels in the applicability for the final rule.'' This statement made
clear our intention to carry that exemption forward into the mandatory
program.
With respect to the exemptions for vessels operating exclusively
within one Captain of the Port (COTP) Zone, the language changed to
include only exemptions for Sec. Sec. 151.2040 and 151.2045, but not
Sec. 151.2035. This exemption is not taken from NISA. The Coast Guard
established it as a discretionary exercise of its regulatory authority
after notice and comment rulemaking. It would be inappropriate to
expand the ballast water management requirements exemption beyond those
previously granted by means of a technical amendment not subject to a
notice and comment rulemaking. These vessels will continue following
the requirements in Sec. 151.2035. While this includes the
requirements in Sec. 151.2035(b), which calls for ballast water
management for vessels operating outside the U.S. EEZ, vessels
operating exclusively in a COTP Zone will not operate outside the U.S.
EEZ and, therefore, compliance with those particular requirements is
not mandatory. These vessels are reminded, however, that they must
comply with Sec. 151.2035(a), which calls for ballast water management
inside of U.S. waters.
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. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
As this rule involves internal agency practices and procedures and a
non-substantive change, it will not impose any costs on the public.
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.
[[Page 27739]]
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. This rule does not require a general
NPRM and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act. Although this rule is exempt, we have reviewed it for
potential economic impact on small entities and determined that it will
not have an impact on small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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 rule 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, paragraphs (34)(a) and (b), of the Instruction from further
environmental documentation because this rule involves editorial,
procedural, and internal agency functions. A final ``Environmental
Analysis Check List'' and a final ``Categorical Exclusion
Determination'' are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 151
Administrative practice and procedure, Oil pollution penalties,
Reporting and recordkeeping requirements, Water pollution control.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 151 as follows:
PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE,
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
0
1. Revise the authority citation for part 151 to read as follows:
Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L.
104-227, 110 Stat. 304; E.O. 12777, 3 CFR 1991 Comp., p. 351;
Department of Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 151.2010 to read as follows:
Sec. 151.2010 Which vessels are exempt from the mandatory
requirements?
(a) Two types of vessels are exempt from the requirements in
Sec. Sec. 151.2035, 151.2040, and 151.2045:
(1) A crude oil tanker engaged in the coastwise trade.
(2) A Department of Defense or Coast Guard vessel subject to the
requirements of section 1103 of the Act, or any vessel of the Armed
Forces, as defined in the Federal Water Pollution Control Act (33
U.S.C. 1322(a)) that is subject to the ``Uniform National Discharge
Standards for Vessels of the Armed Forces'' (33 U.S.C. 1322(n)).
(b) One type of vessel is exempt from the requirements in
Sec. Sec. 151.2040 and 151.2045:
(1) A vessel that operates exclusively within one Captain of the
Port (COTP) Zone.
(2) [Reserved]
Dated: May 11, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. 07-2459 Filed 5-15-07; 9:58 am]
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