[Federal Register: August 18, 2004 (Volume 69, Number 159)]
[Rules and Regulations]
[Page 51176-51181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 104, 105, and 160
[USCG-2003-16688]
RIN 1625-AA82
Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes;
Electronic Submission
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is changing the definition of certain
dangerous cargo to include ammonium nitrate and certain ammonium
nitrate based fertilizers, in bulk, as well as propylene oxide, alone
or mixed with ethylene oxide, in bulk. This change is necessary to
promote maritime safety and security and facilitate the uninterrupted
flow of commerce by increasing the Coast Guard's ability to maintain
awareness of these cargoes. We are also adding two options for vessels
to submit electronically notices of arrival.
DATES: This temporary final rule is effective from September 17, 2004,
through March 20, 2006.
Comments and related material must reach the Docket Management
Facility on or before November 16, 2004. Comments sent to the Office of
Management and Budget (OMB) on collection of information must reach OMB
on or before November 16, 2004.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2003-16688 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: 202-493-2251.
(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 rule,
call Lieutenant Junior Grade Kimberly Andersen, G-MPP, Coast Guard,
telephone 202-267-2562. If you have
[[Page 51177]]
questions about submitting notices of arrival in extensible markup
language format, please contact Lieutenant Thomas Philbrick of the
Coast Guard's National Vessel Movement Center by electronic mail at
Tom.Philbrick@uscg.dhs.gov. If you have questions on viewing or
submitting material to the docket, call Andrea M. Jenkins, Program
Manager, Docket Operations, telephone 202-366-0271.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
Although we did not publish a notice of proposed rulemaking, we
encourage you to participate in this rulemaking by submitting comments
and related materials. All comments received will be posted, without
change, to the public docket for this rulemaking.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2003-16688), 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 8\1/2\ 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 and select ``simple search'' using
the last five digits of the docket number (16688). 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 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 Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would delay
the implementation of this regulation, risking public safety and
security.
The Coast Guard has participated in briefings with the Bureau of
Alcohol, Tobacco, Firearms and Explosives, the Office of Naval
Intelligence, and the Department of Transportation that provided new
information about the explosive properties of ammonium nitrate and
ammonium nitrate based fertilizers, in bulk, that are listed as
Division 5.1 materials in 49 CFR 172.101. The Coast Guard has also
collected more information regarding the quantities of propylene oxide
shipped on the nation's inland waterways. This new, more accurate
information raises additional concerns about the dangers associated
with handling and transportation of these chemicals.
Background and Purpose
The U.S. Coast Guard published the final rule for notification of
arrival (NOA) in U.S. ports on February 28, 2003 (68 FR 9537). That
final rule made permanent the requirement to submit NOAs 96 hours in
advance of arrival to a centralized location, the National Vessel
Movement Center (NVMC). In addition, it required specific crew and
passenger information and incorporated changes to the CDC definition in
33 CFR 160.204. Since publication of the February 2003 final rule, we
have developed additional concerns about potential security hazards of
bulk ammonium nitrate and propylene oxide cargoes transported on U.S.
waters.
The Coast Guard formally requested input from the Towing Safety
Advisory Committee (TSAC) on September 10, 2003, and from the Chemical
Transportation Advisory Committee (CTAC) on October 23, 2003. CTAC and
TSAC were asked to advise the Coast Guard on the anticipated impact to
their respective industries if bulk, solid ammonium nitrate and
ammonium nitrate fertilizers that are classified as 5.1 oxidizers were
added to our CDC definition. CTAC and TSAC formed a joint working group
on this issue. Although both committees accepted the working group
minutes, the advisory committees submitted separate written reports to
the Coast Guard on January 28, 2004. Both committees acknowledged the
security hazards associated with forms of ammonium nitrate and agreed
that additional security measures were warranted. The Coast Guard will
continue to work closely with both of these committees on cargo
security issues.
In response to these concerns, we are adding ammonium nitrate and
ammonium nitrate based fertilizers, in bulk, that are listed as
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide,
alone or mixed with ethylene oxide, in bulk, to the list of CDCs for
which a notice of arrival is required.
Also, since the February 2003 final rule was published, the Coast
Guard has developed two new means for electronic submittal of NOAs to
the Coast Guard's NVMC. We are making these options available to vessel
owners and operators in this rule.
Discussion of Rule
Notification of Arrival for CDC: The Coast Guard is imposing NOA
requirements in 33 CFR part 160 for shipments of two additional types
of cargo added to the definition of CDC. The first is ammonium nitrate
and ammonium nitrate based fertilizers, in bulk, listed as Division 5.1
materials in 49 CFR 172.101. The second is propylene oxide, alone or
mixed with ethylene oxide, in bulk.
These cargoes have been added to the definition of CDC in Sec.
160.204. This change will require vessels carrying these cargoes to
provide all required NOA information to the U.S. Coast Guard. This
change will increase maritime security and safety and enable the Coast
Guard to reduce the risk of a transportation security incident.
Because 33 CFR parts 104 and 105 rely on the definition of CDC in
part 160, the change to the definition of CDC will cause some vessels
and facilities to become subject to the security planning requirements
of 33 CFR parts 104 and 105 for the first time. This rule conforms the
vessel applicability section in part 104 to include these cargoes and
provides these vessels and facilities with a delay in complying with
the requirements of parts 104 and 105. After the effective date of this
rule, these vessels and facilities will have 3 months to submit
security plans to the U.S. Coast Guard and 6 months for full
compliance.
Electronic Submittal of NOA: We have added to 33 CFR 160.210 two
new methods to electronically submit an NOA to the U.S. Coast Guard's
NVMC. All required information can be entered via Electronic Notice of
Arrival (e-NOA)
[[Page 51178]]
available on the NVMC Web site: http://www.nvmc.uscg.gov.
Alternatively, the NVMC can also accept raw XML (eXtensible Markup
Language) formatted documents that conform to the e-NOA schema. If you
are interested in creating your own application or modifying your
existing business systems to submit XML formatted data to the NVMC,
please contact Lieutenant Thomas Philbrick of the NVMC, at
Tom.Philbrick@uscg.dhs.gov for more information.
Regulatory Evaluation
The Department of Homeland Security considers this rule to be a
``significant regulatory action'' under section 3(f) of Executive Order
12866, Regulatory Planning and Review. The Department, however,
concludes that this regulatory action is not economically significant
under section 3(f)(1). It is also, therefore, ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. Accordingly, this regulation has been reviewed by the Office
of Management and Budget (OMB). A final assessment is available in the
docket as indicated under the ``Public Participation and Request for
Comments'' section of this preamble. A summary of the assessment
follows: The purpose of this regulatory assessment (RA) is to estimate
the costs of this temporary rule, which will change the definition of
CDC to include ammonium nitrate and ammonium nitrate based fertilizers,
in bulk, that are listed as Division 5.1 materials in 49 CFR 172.101,
as well as propylene oxide, alone or mixed with ethylene oxide, in
bulk. This change will promote maritime safety and security and
facilitate the uninterrupted flow of commerce by increasing the Coast
Guard's ability to maintain awareness of these cargoes. Moreover, this
rule provides vessel owners and operators optional methods (online or
via e-mail) to submit NOAs. For the purposes of this analysis, we will
use a period of January 2004 to June 2005 to show the cost.
In our review of the affected population, we have determined that
there are approximately 9,213 barges that can potentially transport
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, as
well as propylene oxide, alone or mixed with ethylene oxide, in bulk,
and approximately 40-50 fleeting facilities that can potentially
receive these cargoes and, therefore, could be impacted by this rule.
However, based on our available data, we note that there are only
approximately 600 movements of these cargoes a year. Therefore, the
actual number of barges used to transport these cargoes would be only a
fraction of the barge population that may potentially transport
ammonium nitrate or propylene oxide. Since the industry may want to
retain the flexibility to use any of these 9,213 barges to carry these
cargoes, we have based our cost estimate on this larger population. For
fleeting facilities, we used 50 fleeting areas to estimate our cost.
There are two elements of cost associated with this rulemaking. The
first cost stems from the NOA requirements, and the second cost is from
the Maritime Transportation Security Act of 2002 (MTSA) regulations.
Currently, vessels that transport CDC cargoes are required to prepare
and submit NOAs to the Coast Guard. In addition, vessels and facilities
that handle CDC cargoes are required to implement security measures, to
be in compliance with the MTSA requirements in 33 CFR parts 104 and
105.
The Coast Guard is temporarily changing the NOA and the MTSA
regulations in 33 CFR parts 104 and 105 by adding ammonium nitrate and
ammonium nitrate based fertilizers, in bulk, that are listed as
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide,
alone or mixed with ethylene oxide, in bulk, to the list of CDCs.
Vessels that transport such cargoes will now be required to prepare and
submit NOAs. Furthermore, vessels and facilities that handle ammonium
nitrate and ammonium nitrate based fertilizers, in bulk, that are
listed as Division 5.1 materials in 49 CFR 172.101, as well as
propylene oxide, alone or mixed with ethylene oxide, in bulk, will now
have to implement security measures. Security measures can include
preparing security plans and assessments; hiring and training security
personnel; and installing security equipment.
The total 18-month cost discounted to its present value (PV) at 7
percent is presented below.
Total Rulemaking Cost (January 2004--June 2005)
----------------------------------------------------------------------------------------------------------------
Affected entity Year 2004 Year 2005 PV for 2005 Total PV cost
----------------------------------------------------------------------------------------------------------------
NOA requirements:
Increase in NOA submittals.................. $8,209 $4,105 $3,836 $12,046
Previously not covered by NOA............... 46,614 23,307 21,782 68,396
-----------------
Total cost.............................. 54,824 27,412 25,619 80,442
MTSA--Vessel Security:
Company-level cost.......................... 89,200 43,000 40,187 129,387
Vessel-level cost........................... 460,650 230,325 215,257 675,907
-----------------
Total cost.............................. 549,850 273,325 255,444 805,294
MTSA--Facility Security:
First Group facility........................ 3,395,500 1,151,850 1,203,598 4,599,098
Second Group facility....................... 2,769,000 874,200 817,009 3,586,009
-----------------
Total cost.............................. 6,164,500 2,026,050 2,020,607 8,185,107
=================
Total Cost.......................... .............. .............. .............. 9,070,843
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Detail may not calculate to total due to independent rounding.
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
[[Page 51179]]
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 notice of proposed rulemaking 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.
We expect that this rule may have an economic impact on some small
entities, as defined by the Small Business Administration (SBA). Small
entities affected by this rule fall into two groups: (1) Those small
entities that currently carry or handle CDCs in addition to ammonium
nitrate and ammonium nitrate based fertilizers in bulk listed as
Division 5.1 materials in 49 CFR 171.101 and propylene oxide, alone or
mixed with ethylene oxide, in bulk; and (2) those small entities that
currently carry or handle only ammonium nitrate and ammonium nitrate
based fertilizers in bulk listed as Division 5.1 materials in 49 CFR
171.101 and propylene oxide, alone or mixed with ethylene oxide, in
bulk.
Small entities in the first category currently submit NOA reports
and comply with the security measures and planning requirements of the
MTSA regulations. These entities will have to submit a greater number
of NOA reports for the newly-covered cargoes. They may have to revise
existing security plans and change security measures to cover these
cargoes.
Small entities in the second category will, for the first time,
have to comply with NOA requirements in 33 CFR part 160 for shipments
of these cargoes and comply with the security measures and planning
requirements of the MTSA regulations in 33 CFR parts 104 and 105.
The Coast Guard is particularly interested in the impact of this
rule on small entities. If you are a small entity, we specifically
request comments regarding the economic impact of this rule on you.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant Junior Grade Kimberly Andersen,
G-MPP, Coast Guard, telephone 202-267-2562.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small businesses. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This temporary final rule calls for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other, similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
This temporary final rule modifies two existing OMB-approved
collections 1625-0077 (formerly 2115-0622) and 1625-0100 (formerly
2115-0557). The request for approval of this Collection of Information
is available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble.
Summaries of the revised collections follow.
Title: Security Plans for Ports, Vessels, Facilities, and Outer
Continental Shelf Facilities and Other Security-Related Requirements.
OMB Control Number: 1625-0077.
Summary of the Collection of Information: The Coast Guard requires
security assessments and plans for vessels and facilities. This
temporary final rule provides a framework to ensure adequate security
planning, drilling, and communication procedures by requiring vessels
to develop and submit for approval Vessel Security Assessments (VSA)
and Vessel Security Plans (VSP), and by requiring facilities to develop
and submit Facility Security Assessments (FSA) and Facility Security
Plans (FSP).
Need for Information: The primary need for information is to
identify the adequate security mitigating measures that will be
implemented when needed.
Proposed Use of Information: The information will be used to
identify and communicate the security mitigating measures to the Coast
Guard and necessary personnel.
Description of the Respondents: The Company Security Officer, or
another designated person, for owners and operators of the affected
vessels and facilities is responsible for developing the VSA and VSP
for vessels, or the FSA and FSP for facilities.
Number of Respondents: The existing OMB-approved number of
respondents is 16,855. This rule would increase that number by 52. The
total number of respondents is 16,907.
Frequency of Response: The existing OMB-approved number of
responses (as adjusted on February 18, 2004) is 81,118. This rule will
increase that number by 9,263. The total number of responses is 90,381.
Burden of Response: The development burden for the VSAs and VSPs
for vessels, and the FSAs and FSPs for facilities, is estimated to be
approximately 80 hours depending on the size of the company and the
number and types of vessels or facilities the company owns. Updating
the assessments and plans is estimated to be approximately one to four
hours depending on the size of the company and the number and types of
vessels or facilities the company owns.
Estimate of Total Annual Burden: The existing OMB-approved total
annual burden is 1,873,458 hours. This rule will increase that number
by 9,999 hours. The estimated total annual burden is 1,883,457 hours.
Title: Advance Notice of Vessel Arrival.
OMB Control Number: 1625-0100.
Summary of the Collection of Information: The Coast Guard requires
pre-arrival notices from certain vessels entering a port or place in
the United States. This temporary final rule adds the requirement to
vessels carrying ammonium nitrate and ammonium nitrate based
fertilizers that are listed as Division 5.1 materials in 49 CFR
172.101, in bulk, as well as propylene oxide, alone or mixed with
ethylene oxide, in bulk.
Need for Information: The primary need for information is to
identify the adequate security mitigating measures that will be
implemented when needed.
Proposed Use of Information: The information will be used to
identify and communicate the security mitigating measures to the Coast
Guard and necessary personnel.
[[Page 51180]]
Description of the Respondents: Respondents are the owner, agent,
master, operator, or person in charge of a vessel that arrives at or
departs from a port or place in the United States.
Number of Respondents: The existing OMB-approved number of
respondents is 10,367. This rule would increase that number by 111. The
total number of respondents is 10,478.
Frequency of Response: The existing OMB-approved number of
responses is 68,289. This rule will increase that number by 2,288. The
total number of responses is 70,577.
Burden of Response: The existing OMB-approved burden of response is
approximately 2.5 hours. This rule will increase that number by 0.25
hours. The estimated burden of response is 2.75 hours.
Estimate of Total Annual Burden: The existing OMB-approved total
annual burden is 173,904 hours. This rule will increase that number by
1,621 hours. The estimated total annual burden is 175,525 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this temporary final rule to the
Office of Management and Budget (OMB) for its review of the collection
of information. Due to the circumstances surrounding this temporary
rule, we asked for ``emergency processing'' of our request. We received
OMB approval for these collections of information on July 29, 2004.
We ask for public comment on the collection of information to help
us determine how useful the information is; whether it can help us
perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. We received OMB
approval for these collections of information on 29 July 2004.
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if the rule 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.
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. This rule changes the requirements in the notification of
arrival regulations. They are procedural in nature and therefore, are
categorically excluded, under figure 2-1, paragraphs (34)(a) and (d),
of the Instruction from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket
where indicated under ADDRESSES.
List of Subjects
33 CFR Part 104
Maritime security, Reporting and recordkeeping requirements,
Security measures, Vessels.
33 CFR Part 105
Facilities, Maritime security, Reporting and recordkeeping
requirements, Security measures.
33 CFR Part 160
Administrative practice and procedure; Harbors; Hazardous materials
transportation; Marine safety; Navigation (water); Reporting and
recordkeeping requirements; Vessels; Waterways.
0
For the reasons discussed in the preamble, the Coast Guard temporarily
amends 33 CFR parts 104, 105, and 160 as follows:
PART 104--MARITIME SECURITY: VESSELS
0
1. The authority citation for part 104 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
of Homeland Security Delegation No. 0170.1.
0
2. In Sec. 104.105, temporarily suspend paragraph (a)(9) and add a new
paragraph (a)(12) to read as follows:
[[Page 51181]]
Sec. 104.105 Applicability.
(a) * * *
(12) Barge carrying CDC in bulk or barge that is subject to 46 CFR
Chapter I, subchapter I, that is engaged on an international voyage.
* * * * *
0
3. In Sec. 104.115, temporarily add a new paragraph (d) to read as
follows:
Sec. 104.115 Compliance dates.
* * * * *
(d) Owners or operators of vessels that carry ammonium nitrate or
ammonium nitrate based fertilizers, in bulk, that are listed as
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide,
alone or mixed with ethylene oxide, in bulk, as listed in the
definition of certain dangerous cargo (CDC) in Sec. 160.204 of this
title, must:
(1) Submit vessel security plans to the U.S. Coast Guard in
accordance with subpart D of this part not later than December 16,
2004.
(2) Be operating in full compliance with the requirements of this
part not later than March 16, 2005.
0
4. In Sec. 104.410, temporarily add a new paragraph (g) to read as
follows:
Sec. 104.410 Submission and approval.
* * * * *
(g) Owners or operators of vessels that carry ammonium nitrate or
ammonium nitrate based fertilizers, in bulk, that are listed as
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide,
alone or mixed with ethylene oxide, in bulk, as listed in the
definition of certain dangerous cargo (CDC) in Sec. 160.204 of this
title, must submit vessel security plans to the U.S. Coast Guard in
accordance with subpart D of this part not later than December 16,
2004.
PART 105--MARITIME SECURITY: FACILITIES
0
5. The authority citation for part 105 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.
0
6. In Sec. 105.115, temporarily add a new paragraph (c) to read as
follows:
Sec. 105.115 Compliance dates.
* * * * *
(c) Owners or operators of facilities that receive vessels carrying
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, that
are listed as Division 5.1 materials in 49 CFR 172.101, as well as
propylene oxide, alone or mixed with ethylene oxide, in bulk, as listed
in the definition of certain dangerous cargo (CDC) in Sec. 160.204 of
this title, and are not otherwise required to comply with this part
must:
(1) Submit facility security plans to the U.S. Coast Guard in
accordance with subpart D of this part not later than December 16,
2004.
(2) Be operating in full compliance with the requirements of this
part not later than March 16, 2005.
0
7. In Sec. 105.410, temporarily add a new paragraph (g) to read as
follows:
Sec. 105.410 Submission and approval.
* * * * *
(g) Owners or operators of facilities that receive vessels carrying
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, that
are listed as Division 5.1 materials in 49 CFR 172.101, as well as
propylene oxide, alone or mixed with ethylene oxide, in bulk, as listed
in the definition of certain dangerous cargo (CDC) in Sec. 160.204 of
this title, and are not otherwise required to comply with this part,
must submit facility security plans to the U.S. Coast Guard in
accordance with subpart D of this part not later than December 16,
2004.
PART 160--PORTS AND WATERWAYS SAFETY-GENERAL
0
8. The authority citation for part 160 continues to read as follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart D is
also issued under the authority of 33 U.S.C. 125 and 46 U.S.C. 3715.
0
9. In Sec. 160.204, in the definition for ``Certain dangerous cargo
(CDC)'', add new temporary paragraphs (9) and (10) to read as follows:
Sec. 160.204 Definitions.
* * * * *
Certain Dangerous Cargo (CDC)
* * * * *
(9) Ammonium nitrate and ammonium nitrate based fertilizers, in
bulk, listed as a Division 5.1 material in 49 CFR 172.101.
(10) Propylene oxide, alone or mixed with ethylene oxide, in bulk.
* * * * *
0
10. In Sec. 160.210, temporarily suspend paragraph (a), and
temporarily add a new paragraph (e) to read as follows:
Sec. 160.210 Methods for submitting an NOA.
* * * * *
(e) Submission to the National Vessel Movement Center (NVMC).
Except as provided in paragraphs (b) and (c) of this section, vessels
must submit NOA information required by Sec. 160.206 (entries 1-9 to
Table 160.206) to the NVMC, United States Coast Guard, 408 Coast Guard
Drive, Kearneysville, WV 25430, by:
(1) Electronic submission via the electronic NOA (e-NOA) available
on the NVMC web site at http://www.nvmc.uscg.gov;
(2) Electronic submission via web service of formatted XML
(eXtensible Markup Language) documents. E-mail sans@nvmc.uscg.gov to
ask for the XML schema details;
(3) E-mail at sans@nvmc.uscg.gov. Workbook available at http://www.nvmc.uscg.gov
;
(4) Fax at 1-800-547-8724 or 304-264-2684. Workbook available at
http://www.nvmc.uscg.gov; or,
(5) Telephone at 1-800-708-9823 or 304-264-2502.
Dated: August 9, 2004.
Thomas H. Collins,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 04-18899 Filed 8-17-04; 8:45 am]
BILLING CODE 4910-15-P