This PDF is the current document as it appeared on Public Inspection on 08/26/2016 at 08:45 am.
Coast Guard, DHS.
The Coast Guard published an interim rule in the Federal Register on May 9, 2016, that prescribes when and how the loss or jettisoning of cargo at sea must be reported. That rule contained a typographical error that erroneously revised a force majeure regulation instead of a notice of hazardous conditions regulation. This document corrects that error.
Effective August 29, 2016.Start Further Info
FOR FURTHER INFORMATION CONTACT:
If you have questions on this rule, call or email Mr. Ken Smith, Office of Operating and Environmental Standards (CG-OES-2), Coast Guard; telephone 202-372-1413, email Ken.A.Smith@uscg.mil.End Further Info End Preamble Start Supplemental Information
Viewing Documents Associated With This Rule
To view the interim rule published on May 9, 2016, or other documents in the docket for the Cargo Securing Manuals rulemaking, go to www.regulations.gov, type the docket number, USCG-2000-7080, in the “SEARCH” box and click “SEARCH.” Click on “Open Docket Folder” in the first item listed. Use the following link to go directly to the docket: www.regulations.gov/document?D=USCG-2000-7080-0040.
In 2013 the Coast Guard proposed to revise 33 CFR 160.215, “Notice of hazardous conditions,” as part of its supplemental notice of proposed rulemaking regarding cargo securing manuals (78 FR 68784, November 15, 2013). In 2015, a different rulemaking, regarding notices of arrival, redesignated § 160.215 as § 160.216, and inserted a provision on force majeure in § 160.215 (80 FR 5281, January 30, 2015). In 2016, the Coast Guard published an interim rule on cargo securing manuals that implemented changes it had proposed in 2013, including the amendment of § 160.215 (81 FR 27992, May 9, 2016). Because the 2016 rule amended § 160.215 when it should have amended the redesignated section, § 160.216, the force majeure provision was unintentionally removed and part 160 contained two consecutive sections on notice of hazardous conditions. It was an error for the interim rule to revise § 160.215 and replace the force majeure provision. This rule corrects that error and a cross-reference in 33 CFR 97.115 to § 160.215.
Need for Correction
As discussed above, the interim rule published May 9, 2016, incorrectly replaced force majeure regulations in § 160.215, instead of amending notice of hazardous conditions regulations in § 160.216.Start List of Subjects
List of Subjects
- Cargo stowage and securing
- Cargo vessels
- Hazardous materials
- Incorporation by reference
- Reporting and recordkeeping requirements
- Administrative practice and procedure
- Hazardous materials transportation
- Marine safety
- Navigation (water)
- Personally identifiable information
- Reporting and recordkeeping requirements
For the reasons stated in the preamble, 33 CFR parts 97 and 160 are amended as follows:Start Part
PART 97—RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND SECURING OF CARGOESEnd Part Start Amendment Part
1. The authority citation for part 97 continues to read as follows:End Amendment Part
2. In § 97.115(a), remove “160.215”, and add, in its place, “160.216”.End Amendment Part Start Part
PART 160—PORTS AND WATERWAYS SAFETY—GENERALEnd Part Start Amendment Part
3. The authority citation for part 160 continues to read as follows:End Amendment Part
4. Remove § 160.216.End Amendment Part
5. Redesignate § 160.215 as § 160.216.End Amendment Part Start Printed Page 59137 Start Amendment Part
6. Add new § 160.215 to read as follows:End Amendment Part
When a vessel is bound for a port or place of the United States under force majeure, it must comply with the requirements in this section, but not other sections of this subpart. The vessel must report the following information to the nearest Captain of the Port as soon as practicable:
(a) The vessel Master's intentions;
(b) Any hazardous conditions as defined in § 160.202; and
(c) If the vessel is carrying certain dangerous cargo or controlling a vessel carrying certain dangerous cargo, the amount and name of each CDC carried, including cargo UN number if applicable.
Dated: August 24, 2016.
Director of Commercial Regulations and Standards.
[FR Doc. 2016-20678 Filed 8-26-16; 8:45 am]
BILLING CODE 9110-04-P