Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan, Delay of Effective Date, 78928-78929 [2010-31699]

Download as PDF 78928 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations Flooding source(s) City of Hamilton Maps are available for City of Middletown Maps are available for City of Monroe Maps are available for City of Oxford Maps are available for City of Trenton Maps are available for * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation Communities affected inspection at 20 High Street, Hamilton, OH 45011. inspection at 1 Donham Plaza, Middletown, OH 45042. inspection at 233 South Main Street, Monroe, OH 45050. inspection at 101 East High Street, Oxford, OH 45056. inspection at 11 East State Street, Trenton, OH 45067. Unincorporated Areas of Butler County Maps are available for inspection at 130 High Street, 3rd Floor, Hamilton, OH 45011. Village of New Miami Maps are available for inspection at 268 Whitaker Avenue, Hamilton, OH 45011. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: December 10, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010–31666 Filed 12–16–10; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 45 [Docket No. USCG–1998–4623] RIN 1625–AA17 Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan, Delay of Effective Date Coast Guard, DHS. Notice of delay of effective date and reopening of the comment period. AGENCY: ACTION: The Coast Guard announces that it is delaying the effective date of certain revisions in 46 CFR part 45 as amended by the final rule published in the November 18, 2010, Federal Register (75 FR 70595), and soliciting comments on those amendments. DATES: Effective Date. This action is effective December 20, 2010. The effective date of revisions to 46 CFR Table 45.171, § 45.187, and § 45.191(a), as revised in the final rule published in the November 18, 2010, Federal Register (75 FR 70595) is delayed until srobinson on DSKHWCL6B1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:01 Dec 16, 2010 Jkt 223001 June 15, 2011. All other provisions of the final rule are effective on December 20, 2010. Comment Period. Comments must be received at the address provided below no later than January 18, 2011. Comments are limited to the subject matter described below. ADDRESSES: You may submit comments identified by docket number USCG– 1998–4623 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. 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–1998–4623 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to https://www.regulations.gov, inserting USCG–1998–4623 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Mr. Thomas Jordan, Office of Design and Engineering Standards, Naval Architecture Division (CG–5212), Coast Guard; telephone 202–372–1370, e-mail Thomas.D.Jordan@uscg.mil. If you have questions on viewing or submitting material to the docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Background and Purpose On November 18, 2010, the Coast Guard published a final rule (75 FR 70595) regarding special load line regimes for certain river barges operating on Lake Michigan. This rule finalized interim regulations that have been in effect since 2002, with some changes. The final regulations are scheduled to go into effect on December 20, 2010. For reasons explained herein, we are extending the effective date of the revised weather restrictions (found in 46 CFR Table 45.171, § 45.187, and § 45.191(a) of the final rule) for 6 months and requesting public comment on that provision. United States vessels operating on Lake Michigan are normally required to have a load line assignment. River barges do not typically qualify for load line assignment because their hull construction is not robust enough for unrestricted operations on the Great E:\FR\FM\17DER1.SGM 17DER1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations Lakes. However, we have established special load line regimes whereby certain river barges may operate on select Great Lakes routes under limited conditions. These are conditional exemptions: The barges are exempted from the normal Great Lakes load line requirement only if they comply with the specified provisions for the route. On all routes, the tows are restricted to not more than 5 nautical miles from shore. And because river barges are not as robustly constructed as vessels designed for Great Lakes service, certain weather restrictions pertain to the routes in order to ensure the safety of the tow. It is up to the tow master to review the weather forecast and interpret it against the particular weather restrictions for the route. In reviewing marine weather forecast services for the routes, the National Weather Service (NWS) Nearshore Marine Forecasts for Lake Michigan were identified as providing localized forecasts for the specific waters covered by the exemption routes. The Nearshore forecast waters are a 5-mile wide corridor along the Lake shoreline. This corridor is further divided into coastwise zones: There are five zones between Milwaukee and Calumet, two zones between Calumet and Burns Harbor, and seven zones beyond Burns Harbor to Muskegon. The Nearshore forecast takes into account wind direction and speed for these zones, and the resulting wave conditions expected over the forecast period. In addition to geographic coverage, the general ‘‘Small Craft Advisory’’ (SCA) threshold conditions for the Great Lakes are sustained winds or gusts between 22 and 33 knots inclusive, and/ or seas or waves greater than 4 feet. Small Craft Advisories may also be issued when lake ice exists that could be hazardous to small boats. Although river barges are not customary small craft, the SCA threshold conditions align closely with the weather limits for the routes that have been in effect with the interim regulations. While the SCA wind range is higher than the interim regulation’s wind limits, the compensating factor is that the effects of the winds are analyzed for wave conditions in the Nearshore zones, as opposed to an open Lake forecast. We believe that this will lead to more-accurate wave forecasts within the Nearshore waters actually transited by the tows. In this regard, we believe that the use of the SCA is also a reasonable clarification of the ‘‘fair weather conditions’’ for the Burns Harbor route, since the zone forecast similarly VerDate Mar<15>2010 16:01 Dec 16, 2010 Jkt 223001 considers the effect of wind direction on wave heights along that route. For these reasons, the final rule substituted SCA conditions as the limiting weather criteria for all routes because they align closely with the interim weather limitations, and offer the benefit of simplifying and clarifying the weather restrictions without adversely affecting any operations. Since publishing the final rule, however, the Coast Guard has received several comments from operators contending that the use of SCA criteria would reduce the number of operational days on the Burns Harbor route. Therefore, in order to provide operators with an opportunity to comment specifically on that issue, the Coast Guard is delaying the implementation of the SCA weather criteria and reopening the comment period. Meanwhile, the weather limitations that are in the present regulations, as summarized in original Table 45.171, will remain in effect during the delay period. All other revisions in the final rule enter into force on December 20, 2010. Request for Public Comment The Coast Guard is soliciting public comment on the weather limitations for these routes. Comments are particularly requested in regard to the following issues: • Suitability of the Nearshore SCA for the limiting weather conditions. • Alternative limiting conditions if SCA conditions are considered excessive or otherwise inappropriate. We are also interested in comments regarding operator practices and interpretation of the ‘‘fair weather’’ requirement for the Burns Harbor route found in the interim regulations. This notice is issued under authority of 5 U.S.C. 553. Dated: December 13, 2010. J.G. Lantz, Director of Commercial Regulations and Standards. [FR Doc. 2010–31699 Filed 12–16–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648–XZ20 Fraser River Sockeye Salmon Fisheries; Inseason Orders National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 78929 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary orders; inseason orders; request for comments. NMFS publishes Fraser River salmon inseason orders to regulate salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2010 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen fisheries during the period the Panel exercised jurisdiction over these fisheries. DATES: The effective dates for the inseason orders are set out in this document under the heading Inseason Orders. Comments will be accepted through January 3, 2011. ADDRESSES: You may submit comments, identified by 0648–XZ20 by any one of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. Fax: 206–526–6736. Mail: NMFS NWR, 7600 Sand Point Way, NE., Seattle, WA 98115. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Peggy Busby, by phone at 206–526– 4323, peggy.busby@noaa.gov. SUPPLEMENTARY INFORMATION: The Treaty between the Government of the United States of America and the Government of Canada concerning Pacific Salmon was signed at Ottawa on January 28, 1985, and subsequently was given effect in the United States by the Pacific Salmon Treaty Act (Act) at 16 U.S.C. 3631–3644. Under authority of the Act, Federal regulations at 50 CFR part 300, subpart F provide a framework for the SUMMARY: E:\FR\FM\17DER1.SGM 17DER1

Agencies

[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Rules and Regulations]
[Pages 78928-78929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31699]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 45

[Docket No. USCG-1998-4623]
RIN 1625-AA17


Limited Service Domestic Voyage Load Lines for River Barges on 
Lake Michigan, Delay of Effective Date

AGENCY: Coast Guard, DHS.

ACTION: Notice of delay of effective date and reopening of the comment 
period.

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

SUMMARY: The Coast Guard announces that it is delaying the effective 
date of certain revisions in 46 CFR part 45 as amended by the final 
rule published in the November 18, 2010, Federal Register (75 FR 
70595), and soliciting comments on those amendments.

DATES: Effective Date. This action is effective December 20, 2010. The 
effective date of revisions to 46 CFR Table 45.171, Sec.  45.187, and 
Sec.  45.191(a), as revised in the final rule published in the November 
18, 2010, Federal Register (75 FR 70595) is delayed until June 15, 
2011. All other provisions of the final rule are effective on December 
20, 2010.
    Comment Period. Comments must be received at the address provided 
below no later than January 18, 2011. Comments are limited to the 
subject matter described below.

ADDRESSES: You may submit comments identified by docket number USCG-
1998-4623 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    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-1998-4623 and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to https://www.regulations.gov, 
inserting USCG-1998-4623 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. Thomas Jordan, Office of Design and Engineering 
Standards, Naval Architecture Division (CG-5212), Coast Guard; 
telephone 202-372-1370, e-mail Thomas.D.Jordan@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    On November 18, 2010, the Coast Guard published a final rule (75 FR 
70595) regarding special load line regimes for certain river barges 
operating on Lake Michigan. This rule finalized interim regulations 
that have been in effect since 2002, with some changes. The final 
regulations are scheduled to go into effect on December 20, 2010. For 
reasons explained herein, we are extending the effective date of the 
revised weather restrictions (found in 46 CFR Table 45.171, Sec.  
45.187, and Sec.  45.191(a) of the final rule) for 6 months and 
requesting public comment on that provision.
    United States vessels operating on Lake Michigan are normally 
required to have a load line assignment. River barges do not typically 
qualify for load line assignment because their hull construction is not 
robust enough for unrestricted operations on the Great

[[Page 78929]]

Lakes. However, we have established special load line regimes whereby 
certain river barges may operate on select Great Lakes routes under 
limited conditions. These are conditional exemptions: The barges are 
exempted from the normal Great Lakes load line requirement only if they 
comply with the specified provisions for the route. On all routes, the 
tows are restricted to not more than 5 nautical miles from shore. And 
because river barges are not as robustly constructed as vessels 
designed for Great Lakes service, certain weather restrictions pertain 
to the routes in order to ensure the safety of the tow. It is up to the 
tow master to review the weather forecast and interpret it against the 
particular weather restrictions for the route.
    In reviewing marine weather forecast services for the routes, the 
National Weather Service (NWS) Nearshore Marine Forecasts for Lake 
Michigan were identified as providing localized forecasts for the 
specific waters covered by the exemption routes. The Nearshore forecast 
waters are a 5-mile wide corridor along the Lake shoreline. This 
corridor is further divided into coastwise zones: There are five zones 
between Milwaukee and Calumet, two zones between Calumet and Burns 
Harbor, and seven zones beyond Burns Harbor to Muskegon. The Nearshore 
forecast takes into account wind direction and speed for these zones, 
and the resulting wave conditions expected over the forecast period.
    In addition to geographic coverage, the general ``Small Craft 
Advisory'' (SCA) threshold conditions for the Great Lakes are sustained 
winds or gusts between 22 and 33 knots inclusive, and/or seas or waves 
greater than 4 feet. Small Craft Advisories may also be issued when 
lake ice exists that could be hazardous to small boats.
    Although river barges are not customary small craft, the SCA 
threshold conditions align closely with the weather limits for the 
routes that have been in effect with the interim regulations. While the 
SCA wind range is higher than the interim regulation's wind limits, the 
compensating factor is that the effects of the winds are analyzed for 
wave conditions in the Nearshore zones, as opposed to an open Lake 
forecast. We believe that this will lead to more-accurate wave 
forecasts within the Nearshore waters actually transited by the tows.
    In this regard, we believe that the use of the SCA is also a 
reasonable clarification of the ``fair weather conditions'' for the 
Burns Harbor route, since the zone forecast similarly considers the 
effect of wind direction on wave heights along that route.
    For these reasons, the final rule substituted SCA conditions as the 
limiting weather criteria for all routes because they align closely 
with the interim weather limitations, and offer the benefit of 
simplifying and clarifying the weather restrictions without adversely 
affecting any operations. Since publishing the final rule, however, the 
Coast Guard has received several comments from operators contending 
that the use of SCA criteria would reduce the number of operational 
days on the Burns Harbor route. Therefore, in order to provide 
operators with an opportunity to comment specifically on that issue, 
the Coast Guard is delaying the implementation of the SCA weather 
criteria and reopening the comment period. Meanwhile, the weather 
limitations that are in the present regulations, as summarized in 
original Table 45.171, will remain in effect during the delay period. 
All other revisions in the final rule enter into force on December 20, 
2010.

Request for Public Comment

    The Coast Guard is soliciting public comment on the weather 
limitations for these routes. Comments are particularly requested in 
regard to the following issues:
     Suitability of the Nearshore SCA for the limiting weather 
conditions.
     Alternative limiting conditions if SCA conditions are 
considered excessive or otherwise inappropriate.
    We are also interested in comments regarding operator practices and 
interpretation of the ``fair weather'' requirement for the Burns Harbor 
route found in the interim regulations.
    This notice is issued under authority of 5 U.S.C. 553.

    Dated: December 13, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2010-31699 Filed 12-16-10; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.