Seagoing Barges, 56612-56618 [C1-2013-20351]
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56612
Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of South Carolina, through the
South Carolina Department of Health
and Environmental Control (SCDHEC),
have determined that no further
response activities under CERCLA are
appropriate. However, this deletion
does not preclude future actions under
Superfund or other regulatory authority.
DATES: This action is effective
September 13, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–SFUND–
2005–0011. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
Regional Site Information Repository:
The EPA Record Center, Attn: Ms. Anita
Davis, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, Georgia
30303–8960. Hours of Operation (by
appointment only): 8:30 a.m. to 4:00
p.m., Monday through Friday.
Local Site Information Repository:
Florence County Library, 509 S. Dargan
Street, Florence, South Carolina 29506.
Hours of Operation: 9:00 a.m.–8:30 p.m.,
Monday through Thursday. 9:00 a.m.–
5:30 p.m., Friday through Saturday. 2:00
p.m.–6:00 p.m., Sunday.
FOR FURTHER INFORMATION CONTACT:
Yvonne Jones, Remedial Project
Manager, Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960, 404–
562–8793, jones.yvonneo@epa.gov.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Koppers Co.,
Inc. (Florence Plant) Superfund Site
(Site) located in Florence, South
Carolina. A Notice of Intent to Delete for
this Site was published in the Federal
Register on April 24, 2013.
The closing date for comments on the
Notice of Intent to Delete was May 24,
2013. No public comments were
received during the comment period.
Therefore, a responsiveness summary
was not prepared and placed in both the
docket, EPA–HQ–SFUND–2005–0011,
on www.regulations.gov, and in the
local repositories listed above.
The EPA maintains the NPL as the list
of sites that appear to present a
significant risk to public health, welfare,
or the environment. Deletion from the
NPL does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to Part 300
is amended by removing ‘‘Koppers Co.,
Inc. (Florence Plant),’’ ‘‘Florence, South
Carolina.’’
■
[FR Doc. 2013–21622 Filed 9–12–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and
188
[Docket No. USCG–2011–0363]
RIN 1625–AC03 (Formerly RIN 1625–AB71)
Seagoing Barges
Correction
In rule document 2013–20351
appearing on pages 53285–53336 in the
issue of Thursday, August 29, 2013,
make the following corrections:
§ 24.05–1
[Corrected]
(1) On page 53304, above footnote ‘‘1’’
insert the heading ‘‘Footnotes:’’.
■
§ 30.01–5
[Corrected]
(2) On page 53312, in footnote ‘‘9’’ in
the first line, ‘‘. . .’’ should read
‘‘* * *’’.
■
§ 188.05–1
[Corrected]
(3) Beginning on page 53328, Table
188.05–1(a) is corrected to read as set
forth below:
■
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
TABLE 188.05–1(a)
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
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Method of
propulsion, qualified by size or
other limitation 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(1) Motor, all vessels except seagoing motor vessels ≥300 gross
tons.
All vessels carrying combustible or flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except recreational vessels
not engaged in trade.7
All vessels >15 gross tons
carrying freight-for-hire,
except those covered by
columns 2 and 3. All vessels carrying dangerous
cargoes, when required
by 46 CFR part 98.
All vessels not
covered by columns 2, 3, 4,
and 6.
None.
(ii) All vessels <100 gross
tons that—
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All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
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TABLE 188.05–1(a)—Continued
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
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Method of
propulsion, qualified by size or
other limitation 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All vessels carrying combustible or flammable liquid
cargo in bulk.5
(A) Carry more than 6
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 6
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry more than 6
passengers and are
ferries.
(iii) All vessels ≥100 gross
tons that—
(A) Carry more than 12
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 12
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry at least 1
passenger and are
ferries.
(iv) These regulations do
not apply to—
(A) Recreational vessels not engaged in
trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer persons in addition to
the crew.
(C) Fishing vessels not
engaged in ocean or
coastwise service.
Such vessels may
carry persons on the
legitimate business of
the vessel 6 in addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying more
than 12 passengers on an
international voyage, except recreational vessels
not engaged in trade.7
All vessels, including recreational vessels, not engaged in trade. This does
not include vessels covered by columns 2 and 3,
and vessels engaged in
the fishing industry.
All vessels not
covered by columns 2, 3, 4,
6, and 7.
All vessels engaged in
oceanographic
research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
(2) Motor, seagoing motor vessels ≥300 gross
tons.
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Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified by size or
other limitation 1
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
All manned barges except
those covered by columns
2 and 3.
All barges carrying passengers or passengers-for-hire
except those
covered by column 3.
None.
All tank barges carrying cargoes listed in Table 151.05
of this chapter or
unlisted cargoes
that would otherwise be subject to
part 151.1 11 12
All seagoing barges except
a seagoing barge that is
covered by column 2 or 3,
or that is unmanned for
the purposes of operating
or navigating the barge,
and that carries neither a
hazardous material as
cargo nor a flammable or
combustible liquid, including oil, in bulk quantities
of 250 barrels or more.
All barges carrying passengers or passengers-for-hire
except those
covered by columns 3 and 6.
All seagoing
barges engaged in
oceanographic
research.
All tank barges carrying cargoes listed in Table 151.05
of this chapter or
unlisted cargoes
that would otherwise be subject to
part 151.1 11 12
All vessels carrying combustible or flammable liquid
cargo in bulk.5
(4) Non-self-propelled vessels
≥100 gross tons.
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(3) Non-self-propelled vessels
<100 gross tons.
All vessels carrying combustible or flammable liquid
cargo in bulk.5.
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(ii) All ferries <100 gross
tons carrying more than 6
passengers and all ferries
≥100 gross tons that carry
at least 1 passenger.
(iii) These regulations do not
apply to—
(A) Recreational vessels not engaged in
trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer persons in addition to
the crew.
(C) Fishing vessels not
engaged in ocean or
coastwise service
may carry persons on
the legitimate business of the vessel 6 in
addition to the crew,
as restricted by the
definition of passenger.7
(i) All vessels that—
(A) Carry more than 6
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 6
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and is a submersible
vessel.7
(E) Carry more than 12
passengers on an
international voyage.
(F) Carry more than 6
passengers and are
ferries.
(iii) All vessels that—
(A) Carry more than 12 passengers-for-hire whether
chartered or not, or
(B) Carry more than 12 passengers when chartered
with the crew provided, or
(C) Carry more than 12 passengers when chartered
with no crew provided, or
(D) Carry at least 1 passenger-for-hire and is a
submersible vessel.7
(E) Carry more than 12 passengers on an international voyage.
(F) Carry at least 1 passenger and are ferries.
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56615
TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified by size or
other limitation 1
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(5)
vessels
≤700 gross tons.
All vessels carrying combustible or flammable liquid
cargo in bulk.5
All vessels carrying dangerous cargoes, when required by 46 CFR part 98.
All vessels not
covered by columns 2, 3, 4,
and 6.
None.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
(6) Sail 13 vessels
>700 gross tons.
All vessels carrying combustible or flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except recreational vessels
not engaged in trade.7
(ii) All vessels <100 gross
tons that—
(A) Carry more than 6
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 6
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry more than 6
passengers and are
ferries.
(iii) All vessels ≥100 gross
tons that—
(A) Carry more than 12
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 12
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry at least 1
passenger and are
ferries.
(iv) These regulations do
not apply to—
(A) Recreational vehicles not engaged in
trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer persons in addition to
the crew.
(C) Fishing vessels, not
engaged in ocean or
coastwise service.
Such vessels may
carry persons on the
legitimate business of
the vessel 6 in addition to the crew, as
restricted by the definition of passenger.7
(i) All vessels carrying passengers or passengersfor-hire, except recreational vessels.7
(ii) All ferries that carry at
least 1 passenger.
All vessels carrying dangerous cargoes, when required by 46 CFR part 98.
None.
None.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
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Sail 13
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Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
TABLE 188.05–1(a)—Continued
Method of
propulsion, qualified by size or
other limitation 1
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
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(7) Steam, vessels
≤19.8 meters
(65 feet) in
length.
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All vessels carrying combustible or flammable liquid
cargo in bulk.5
21:29 Sep 12, 2013
(i) All vessels carrying more
than 12 passengers on an
international voyage, except recreational vessels
not engaged in trade.7
(ii) All vessels <100 gross
tons that—
(A) Carry more than 6
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 6
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry more than 6
passengers and are
ferries.
(iii) All vessels ≥100 gross
tons that—
(A) Carry more than 12
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 12
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry at least 1
passenger and are
ferries.
(iv) These regulations do
not apply to—
(A) Recreational vessels not engaged in
trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer persons in addition to
the crew.
(C) Fishing vessels not
engaged in ocean or
coastwise service.
Such vessels may
carry persons on the
legitimate business of
the vessel 6 in addition to the crew, as
restricted by the definition of passenger.7
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All tugboats and towboats.
All vessels carrying dangerous cargoes, when required by 46 CFR part 98.
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All vessels not
covered by columns 2, 3, 4,
and 6.
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None.
13SER1
otherwise be subject to these
parts.12
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
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TABLE 188.05–1(a)—Continued
Vessels
inspected and
certificated under
Subchapter D—
Tank Vessels 2
Vessels inspected and certificated under Subchapter
H—Passenger Vessels 2 3 4 5
or Subchapter K or T—
Small Passenger Vessels 2 3 4
Vessels inspected and
certificated under Subchapter I—Cargo and Miscellaneous Vessels 2 5
Vessels subject
to the provisions
of Subchapter
C—Uninspected
Vessels 2 3 6 7 8
Vessels subject
to the provisions
of Subchapter
U—Oceanographic Vessels 2 3 6 7 9
Vessels subject to
the provisions of
Subchapter O—Certain Bulk and Dangerous Cargoes 10
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
(8) Steam, vessels
>19.8 meters
(65 feet) in
length.
emcdonald on DSK67QTVN1PROD with RULES
Method of
propulsion, qualified by size or
other limitation 1
All vessels carrying combustible or flammable liquid
cargo in bulk.5
(i) All vessels carrying more
than 12 passengers on an
international voyage, except recreational vessels
not engaged in trade.7
(ii) All vessels <100 gross
tons that—
(A) Carry more than 6
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 6
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry more than 6
passengers and are
ferries.
(iii) All vessels ≥100 gross
tons that—
(A) Carry more than 12
passengers-for-hire
whether chartered or
not, or
(B) Carry more than 12
passengers when
chartered with the
crew provided, or
(C) Carry more than 12
passengers when
chartered with no
crew provided, or
(D) Carry at least 1
passenger-for-hire
and are submersible
vessels.7
(E) Carry at least 1
passenger and are
ferries.
(iv) These regulations do
not apply to—
(A) Recreational vehicles not engaged in
trade.
(B) Documented cargo
or tank vessels
issued a permit to
carry 16 or fewer persons in addition to
the crew.
(C) Fishing vessels not
engaged in ocean or
coastwise service.
Such vessels may
carry persons on the
legitimate business of
the vessel 6 in addition to the crew, as
restricted by the definition of passenger.7
All vessels engaged in
oceanographic
research.
All vessels carrying
cargoes in bulk
that are listed in
part 153, table 1,
or part 154, table
4, or unlisted cargoes that would
otherwise be subject to these
parts.12
All vessels not covered by
columns 2, 3, 6, and 7.
None.
Key to symbols used in this table: ≤ means less than or equal to; > means greater than; < means less than; and ≥ means greater than or equal to.
Footnotes:
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Federal Register / Vol. 78, No. 178 / Friday, September 13, 2013 / Rules and Regulations
1 Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
2 Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W (Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 through 179 apply whenever packaged
hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
3 Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical Schools) of this
chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels) and part 168 of subchapter R
(Nautical Schools) of this chapter.
4 Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this chapter
covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels less than 100 gross
tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
5 Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of the vessel is
not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in bulk. The portion of the vessel used
for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
6 Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
7 The terms ‘‘passenger(s)’’ and ‘‘passenger(s)-for-hire’’ are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel onboard shall
not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
8 Boilers and machinery are subject to examination on vessels over 40 feet in length.
9 Under 46 U.S.C. 441 an oceanographic research vessel ‘‘* * * being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in
oceanographic research, * * *. Under 46 U.S.C. 443, ‘‘an oceanographic research vessel shall not be deemed to be engaged in trade or commerce.’’ If or when an
oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons employed in the business of the vessel.
10 Bulk dangerous cargoes are cargoes specified in table 151.01–10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
11 For manned tankbarges, see § 151.01–10(c) of this chapter.
12 See § 151.01–15, 153.900(d), or 154.30 of this chapter as appropriate.
13 Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
[FR Doc. C1–2013–20351 Filed 9–12–13; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2013–0274]
RIN 2126–AB62
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
Hazardous Materials Safety Permits
rules to update the current
incorporation by reference of the ‘‘North
American Standard Out-of-Service
Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403.’’ The rules currently
reference the April 1, 2012, edition of
the out-of-service criteria and through
this final rule, FMCSA incorporates the
April 1, 2013, edition.
DATES: Effective September 13, 2013.
The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of September 13, 2013.
FOR FURTHER INFORMATION CONTACT:
Brian Routhier, Mechanical Engineer,
Federal Motor Carrier Safety
Administration, Office of Policy, 1200
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:44 Sep 12, 2013
Jkt 229001
New Jersey Avenue SE., Washington,
DC 20590–0001, by telephone at (202)
366–1225 or via email brian.routhier@
dot.gov. Office hours are from 8 a.m. to
4:30 p.m. e.t., Monday through Friday,
except Federal holidays. If you have
questions on viewing the docket,
contact Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress has enacted several statutory
provisions to improve the safety of
hazardous materials transported in
interstate commerce. Specifically, in
provisions codified at 49 U.S.C. 5105(e),
relating to inspections of motor vehicles
carrying hazardous material and 49
U.S.C. 5109, relating to motor carrier
safety permits, it has required the
Secretary of the Department of
Transportation to promulgate
regulations as part of a comprehensive
safety program on hazardous material
safety permits. The FMCSA
Administrator has been delegated
authority under 49 CFR 1.87 to carry out
the rulemaking functions vested in the
Secretary of Transportation.
Subsequently, FMCSA has promulgated
regulations to address the Congressional
mandate. Such regulations on hazardous
materials are the underlying provisions
that have utilized material incorporated
by reference discussed in this notice.
The Administrative Procedure Act
(APA) (5 U.S.C. 553) specifically
provides that adherence to its notice
and public comment rulemaking
procedures are not required where the
Agency finds there is good cause (and
incorporates the finding and a brief
statement of reasons to support the
finding in the rules issued) to dispense
with such procedures. Generally, good
cause exists where the Agency
determines that notice and public
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
comment procedures are impracticable,
unnecessary, or contrary to the public
interest. Ibid. This document updates an
incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR
385.415(b)(1). The revision does not
impose new requirements or
substantively change the Code of
Federal Regulations. For these reasons,
the FMCSA finds good cause that notice
and public comment procedures are
unnecessary.
II. Background
Currently, 49 CFR 385.415 prescribes
operational requirements for motor
carriers transporting hazardous
materials for which a hazardous
materials safety permit is required.
Section 385.415(b)(1) requires that
motor carriers must ensure a pre-trip
inspection be performed on each motor
vehicle to be used to transport a
highway route controlled quantity of a
Class 7 (radioactive) material, in
accordance with the requirements of the
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Parts 173.403.’’ With regard to the
specific edition of the out-of-service
criteria, 49 CFR 385.4, as amended on
October 1, 2012 (77 FR 59818)
references the April 1, 2012, edition.
Today’s final rule amends § 385.4 by
replacing the reference to the April 1,
2012 edition date with the new edition
date of April 1, 2013.
FMCSA reviewed the April 1, 2013,
edition and determined there are no
substantive changes that would result in
motor carriers being subjected to a new
standard. Because the CVSA
discontinued the printing and
E:\FR\FM\13SER1.SGM
13SER1
]]>Agencies
[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56612-56618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2013-20351]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 2, 24, 30, 70, 90, 91, and 188
[Docket No. USCG-2011-0363]
RIN 1625-AC03 (Formerly RIN 1625-AB71)
Seagoing Barges
Correction
In rule document 2013-20351 appearing on pages 53285-53336 in the
issue of Thursday, August 29, 2013, make the following corrections:
Sec. 24.05-1 [Corrected]
0
(1) On page 53304, above footnote ``1'' insert the heading
``Footnotes:''.
Sec. 30.01-5 [Corrected]
0
(2) On page 53312, in footnote ``9'' in the first line, ``. . .''
should read ``* * *''.
Sec. 188.05-1 [Corrected]
0
(3) Beginning on page 53328, Table 188.05-1(a) is corrected to read as
set forth below:
Table 188.05-1(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vessels inspected
and certificated Vessels inspected Vessels subject
Vessels inspected under Subchapter H-- and certificated Vessels subject to Vessels subject to to the provisions
Method of propulsion, qualified and certificated Passenger Vessels 2 under Subchapter I-- the provisions of the provisions of of Subchapter O--
by size or other limitation \1\ under Subchapter 3 4 5 or Subchapter Cargo and Subchapter C-- Subchapter U-- Certain Bulk and
D--Tank Vessels K or T--Small Miscellaneous Uninspected Oceanographic Dangerous Cargoes
\2\ Passenger Vessels 2 Vessels 2 5 Vessels 2 3 6 7 8 Vessels 2 3 6 7 9 \10\
3 4
Column 1 Column 2.......... Column 3........... Column 4........... Column 5.......... Column 6.......... Column 7
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Motor, all vessels except All vessels (i) All vessels All vessels >15 All vessels not None. All vessels
seagoing motor vessels >=300 carrying carrying more than gross tons covered by carrying cargoes
gross tons. combustible or 12 passengers on carrying freight- columns 2, 3, 4, in bulk that are
flammable liquid an international for-hire, except and 6. listed in part
cargo in bulk.\5\ voyage, except those covered by 153, table 1, or
recreational columns 2 and 3. part 154, table
vessels not All vessels 4, or unlisted
engaged in carrying dangerous cargoes that
trade.\7\ cargoes, when would otherwise
required by 46 CFR be subject to
part 98. these parts.\12\
(ii) All vessels
<100 gross tons
that--
[[Page 56613]]
(A) Carry more than
6 passengers-for-
hire whether
chartered or not,
or
(B) Carry more than
6 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry more than
6 passengers and
are ferries.
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not,
or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry at least
1 passenger and
are ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not
engaged in trade.
(B) Documented
cargo or tank
vessels issued a
permit to carry 16
or fewer persons
in addition to the
crew.
(C) Fishing vessels
not engaged in
ocean or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
(2) Motor, seagoing motor All vessels (i) All vessels All vessels, All vessels not All vessels All vessels
vessels >=300 gross tons. carrying carrying more than including covered by engaged in carrying cargoes
combustible or 12 passengers on recreational columns 2, 3, 4, oceanographic in bulk that are
flammable liquid an international vessels, not 6, and 7. research. listed in part
cargo in bulk.\5\ voyage, except engaged in trade. 153, table 1, or
recreational This does not part 154, table
vessels not include vessels 4, or unlisted
engaged in covered by columns cargoes that
trade.\7\ 2 and 3, and would otherwise
vessels engaged in be subject to
the fishing these parts.\12\
industry.
[[Page 56614]]
(ii) All ferries
<100 gross tons
carrying more than
6 passengers and
all ferries >=100
gross tons that
carry at least 1
passenger.
(iii) These
regulations do not
apply to--
(A) Recreational
vessels not
engaged in trade.
(B) Documented
cargo or tank
vessels issued a
permit to carry 16
or fewer persons
in addition to the
crew.
(C) Fishing vessels
not engaged in
ocean or coastwise
service may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
(3) Non-self-propelled vessels All vessels (i) All vessels All manned barges All barges None. All tank barges
<100 gross tons. carrying that-- except those carrying carrying cargoes
combustible or (A) Carry more than covered by columns passengers or listed in Table
flammable liquid 6 passengers-for- 2 and 3. passengers-for- 151.05 of this
cargo in bulk.\5\ hire whether hire except those chapter or
chartered or not, covered by column unlisted cargoes
or. 3. that would
(B) Carry more than otherwise be
6 passengers when subject to part
chartered with the 151.1 11 12
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least
1 passenger-for-
hire and is a
submersible
vessel.\7\.
(E) Carry more than
12 passengers on
an international
voyage..
(F) Carry more than
6 passengers and
are ferries..
(4) Non-self-propelled vessels All vessels (iii) All vessels All seagoing barges All barges All seagoing All tank barges
>=100 gross tons. carrying that-- except a seagoing carrying barges engaged in carrying cargoes
combustible or (A) Carry more than barge that is passengers or oceanographic listed in Table
flammable liquid 12 passengers-for- covered by column passengers-for- research. 151.05 of this
cargo in bulk.\5\. hire whether 2 or 3, or that is hire except those chapter or
chartered or not, unmanned for the covered by unlisted cargoes
or. purposes of columns 3 and 6. that would
(B) Carry more than operating or otherwise be
12 passengers when navigating the subject to part
chartered with the barge, and that 151.1 11 12
crew provided, or. carries neither a
(C) Carry more than hazardous material
12 passengers when as cargo nor a
chartered with no flammable or
crew provided, or. combustible
(D) Carry at least liquid, including
1 passenger-for- oil, in bulk
hire and is a quantities of 250
submersible barrels or more.
vessel.\7\.
(E) Carry more than
12 passengers on
an international
voyage..
(F) Carry at least
1 passenger and
are ferries..
[[Page 56615]]
(5) Sail \13\ vessels <=700 All vessels (i) All vessels All vessels All vessels not None. All vessels
gross tons. carrying carrying more than carrying dangerous covered by carrying cargoes
combustible or 12 passengers on cargoes, when columns 2, 3, 4, in bulk that are
flammable liquid an international required by 46 CFR and 6. listed in part
cargo in bulk.\5\ voyage, except part 98. 153, table 1, or
recreational part 154, table
vessels not 4, or unlisted
engaged in cargoes that
trade.\7\ would otherwise
(ii) All vessels be subject to
<100 gross tons these parts.\12\
that--.
(A) Carry more than
6 passengers-for-
hire whether
chartered or not,
or.
(B) Carry more than
6 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\.
(E) Carry more than
6 passengers and
are ferries..
(iii) All vessels
>=100 gross tons
that--.
(A) Carry more than
12 passengers-for-
hire whether
chartered or not,
or.
(B) Carry more than
12 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or.
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\.
(E) Carry at least
1 passenger and
are ferries..
(iv) These
regulations do not
apply to--.
(A) Recreational
vehicles not
engaged in trade..
(B) Documented
cargo or tank
vessels issued a
permit to carry 16
or fewer persons
in addition to the
crew..
(C) Fishing
vessels, not
engaged in ocean
or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\.
(6) Sail \13\ vessels >700 All vessels (i) All vessels All vessels None. None. All vessels
gross tons. carrying carrying carrying dangerous carrying cargoes
combustible or passengers or cargoes, when in bulk that are
flammable liquid passengers-for- required by 46 CFR listed in part
cargo in bulk.\5\ hire, except part 98. 153, table 1, or
recreational part 154, table
vessels.\7\ 4, or unlisted
(ii) All ferries cargoes that
that carry at would
least 1 passenger..
[[Page 56616]]
otherwise be
subject to these
parts.\12\
(7) Steam, vessels <=19.8 All vessels (i) All vessels All tugboats and All vessels not None. All vessels
meters (65 feet) in length. carrying carrying more than towboats. All covered by carrying cargoes
combustible or 12 passengers on vessels carrying columns 2, 3, 4, in bulk that are
flammable liquid an international dangerous cargoes, and 6. listed in part
cargo in bulk.\5\ voyage, except when required by 153, table 1, or
recreational 46 CFR part 98. part 154, table
vessels not 4, or unlisted
engaged in cargoes that
trade.\7\ would otherwise
(ii) All vessels be subject to
<100 gross tons these parts.\12\
that--.
(A) Carry more than
6 passengers-for-
hire whether
chartered or not,
or.
(B) Carry more
than 6
passengers when
chartered with
the crew
provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry more than
6 passengers and
are ferries.
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not,
or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry at least
1 passenger and
are ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vessels not
engaged in trade.
(B) Documented
cargo or tank
vessels issued a
permit to carry 16
or fewer persons
in addition to the
crew.
(C) Fishing vessels
not engaged in
ocean or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
[[Page 56617]]
(8) Steam, vessels >19.8 meters All vessels (i) All vessels All vessels not None. All vessels All vessels
(65 feet) in length. carrying carrying more than covered by columns engaged in carrying cargoes
combustible or 12 passengers on 2, 3, 6, and 7. oceanographic in bulk that are
flammable liquid an international research. listed in part
cargo in bulk.\5\ voyage, except 153, table 1, or
recreational part 154, table
vessels not 4, or unlisted
engaged in cargoes that
trade.\7\ would otherwise
(ii) All vessels be subject to
<100 gross tons these parts.\12\
that--.
(A) Carry more than
6 passengers-for-
hire whether
chartered or not,
or.
(B) Carry more than
6 passengers when
chartered with the
crew provided, or.
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry more than
6 passengers and
are ferries.
(iii) All vessels
>=100 gross tons
that--
(A) Carry more than
12 passengers-for-
hire whether
chartered or not,
or
(B) Carry more than
12 passengers when
chartered with the
crew provided, or
(C) Carry more than
12 passengers when
chartered with no
crew provided, or
(D) Carry at least
1 passenger-for-
hire and are
submersible
vessels.\7\
(E) Carry at least
1 passenger and
are ferries.
(iv) These
regulations do not
apply to--
(A) Recreational
vehicles not
engaged in trade.
(B) Documented
cargo or tank
vessels issued a
permit to carry 16
or fewer persons
in addition to the
crew.
(C) Fishing vessels
not engaged in
ocean or coastwise
service. Such
vessels may carry
persons on the
legitimate
business of the
vessel \6\ in
addition to the
crew, as
restricted by the
definition of
passenger.\7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key to symbols used in this table: <= means less than or equal to; > means greater than; < means less than; and >= means greater than or equal to.
Footnotes:
[[Page 56618]]
\1\ Where length is used in this table, it means the length measured from end to end over the deck, excluding sheer. This expression means a straight
line measurement of the overall length from the foremost part of the vessel to the aftermost part of the vessel, measured parallel to the centerline.
\2\ Subchapters E (Load Lines), F (Marine Engineering), J (Electrical Engineering), N (Dangerous Cargoes), S (Subdivision and Stability), and W
(Lifesaving Appliances and Arrangements) of this chapter may also be applicable under certain conditions. The provisions of 49 CFR parts 171 through
179 apply whenever packaged hazardous materials are on board vessels (including motorboats), except when specifically exempted by law.
\3\ Public nautical schoolships, other than vessels of the Navy and Coast Guard, must meet the requirements of part 167 of subchapter R (Nautical
Schools) of this chapter, Civilian nautical schoolships, as defined by 46 U.S.C. 1331, must meet the requirements of subchapter H (Passenger Vessels)
and part 168 of subchapter R (Nautical Schools) of this chapter.
\4\ Subchapter H (Passenger Vessels) of this chapter covers only those vessels of 100 gross tons or more, subchapter T (Small Passenger Vessels) of this
chapter covers only those vessels of less than 100 gross tons, and subchapter K (Small Passenger Vessels) of this chapter covers only those vessels
less than 100 gross tons carrying more than 150 passengers or overnight accommodations for more than 49 passengers.
\5\ Vessels covered by subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter, where the principal purpose or use of
the vessel is not for the carriage of liquid cargo, may be granted a permit to carry a limited amount of flammable or combustible liquid cargo in
bulk. The portion of the vessel used for the carriage of the flammable or combustible liquid cargo must meet the requirements of subchapter D (Tank
Vessels) in addition to the requirements of subchapter H (Passenger Vessels) or I (Cargo and Miscellaneous Vessels) of this chapter.
\6\ Any vessel on an international voyage is subject to the requirements of the International Convention for Safety of Life at Sea, 1974 (SOLAS).
\7\ The terms ``passenger(s)'' and ``passenger(s)-for-hire'' are as defined in 46 U.S.C. 2101(21)(21a). On oceanographic vessels, scientific personnel
onboard shall not be deemed to be passengers nor seamen, but for calculations of lifesaving equipment, etc., must be counted as persons.
\8\ Boilers and machinery are subject to examination on vessels over 40 feet in length.
\9\ Under 46 U.S.C. 441 an oceanographic research vessel ``* * * being employed exclusively in instruction in oceanography or limnology, or both, or
exclusively in oceanographic research, * * *. Under 46 U.S.C. 443, ``an oceanographic research vessel shall not be deemed to be engaged in trade or
commerce.'' If or when an oceanographic vessel engages in trade or commerce, such vessel cannot operate under its certificate of inspection as an
oceanographic vessel, but shall be inspected and certified for the service in which engaged, and the scientific personnel aboard then become persons
employed in the business of the vessel.
\10\ Bulk dangerous cargoes are cargoes specified in table 151.01-10(b); in table 1 of part 153, and in table 4 of part 154 of this chapter.
\11\ For manned tankbarges, see Sec. 151.01-10(c) of this chapter.
\12\ See Sec. 151.01-15, 153.900(d), or 154.30 of this chapter as appropriate.
\13\ Sail vessel means a vessel with no auxiliary machinery on board. If the vessel has auxiliary machinery, refer to motor vessels.
[FR Doc. C1-2013-20351 Filed 9-12-13; 8:45 am]
BILLING CODE 1505-01-D
