Coast Guard December 2010 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone in support of the New Year's Eve Celebration for the City of San Francisco Fireworks Display. The temporary safety zone will extend 100 feet from the nearest point of the barge during the loading, transit, and arrival of the pyrotechnics, and will extend 1,000 feet from the nearest point of the barge during the fireworks display. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with the pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or her designated representative.

The United States Coast Guard will conduct a public meeting on the International Maritime Organization guidelines for exhaust gas cleaning systems for marine engines in Washington, DC. The purpose of this meeting will be to collect information for updates to CG-543 policy letter 09-01 that provide guidance for exhaust gas cleaning systems under MARPOL Annex VI regulation 4.

The National Maritime Security Advisory Committee (NMSAC) will meet in Washington, DC to discuss various issues relating to national maritime security. This meeting will be open to the public.

The Coast Guard is establishing a temporary safety zone encompassing all waters within 100 yards of Pier 90/91 between terminal 89 and the Elliott Bay Marina Breakwater on Elliott Bay in Seattle, Washington. The safety zone is necessary to help ensure the safety of the maritime public due to discarded military munitions discovered in close proximity to Pier 91 and will do so by prohibiting any person or vessel from entering or remaining in the safety zone unless authorized by the Captain of the Port or his designated representative.

The U.S. Coast Guard (USCG) announces the availability of the Draft Programmatic Environmental Assessment (PEA) for the Nationwide Use of High Frequency (HF) and Ultra High Frequency (UHF) Sound Navigation and Ranging (SONAR) Technology and Draft Finding of No Significant Impact (FONSI). The USCG is proposing the nationwide use of active SONAR technologies that operate at frequencies of 50 kiloHertz (kHz) and greater from mobile platforms. Active SONAR technology would be used in support of USCG missions to locate, image, and classify submerged/underwater targets of interest (TOI). The PEA is a program- level document that will provide the USCG with management-level analysis of the potential impacts of each alternative on the human and natural environments.

The Commander, Fifth Coast Guard District has issued a temporary deviation from the regulations governing the operation of the Sassafras River (Route 213) Bridge, mile 10.0, in Georgetown, MD. The deviation is necessary to facilitate mechanical repairs and gate replacement. This deviation allows the drawbridge to remain in the closed to navigation position.

In Section 305 of the Coast Guard Authorization Act of 2010, Congress directs the Secretary of the Department in which the Coast Guard is operating to conduct a study, in conjunction with the Environmental Protection Agency, on Ship Emission Reduction Technology for cargo and passenger vessels that operate in United States waters and ports. For this study, the Coast Guard and the Environmental Protection Agency will survey new technology and new applications of existing technology for reducing air emissions from cargo and passenger vessels regulated under the Clean Air Act and the Act to Prevent Pollution from Ships, and identify the impediments, including any laws or regulations, to the implementation of this technology. Through this notice, the Coast Guard and the Environmental Protection Agency invite the public to provide information on the state of current and future air emission reduction technology, including specific comments on any impediments to this technology.

In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding four Information Collection Requests (ICRs), abstracted below, to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) requesting an extension of its approval for the following collections of information: (1) 1625-0002, Applications for Vessel Inspection, Waiver, and Continuous Synopsis Record; (2) 1625-0017, Various International Agreement Safety Certificates and Documents; (3) 1625-0019, Alternative Compliance for International and Inland Navigation Rules33 CFR Parts 81 and 89; (4) and 1625-0030, Oil and Hazardous Materials Transfer Procedures. Our ICRs describe the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties.

The National Boating Safety Advisory Council (NBSAC) and its subcommittees will meet on January 14-16, 2011, in Orlando, Florida. NBSAC discusses issues relating to recreational boating safety. The meetings will be open to the public.

By this direct final rule, the Coast Guard is amending its ``Coast Guard Whistleblower Protection'' regulations to conform to statutory protections for all members of the Armed Forces. The revised regulations broaden the protection already afforded uniformed members of the Coast Guard by: Providing that uniformed Coast Guard members may make protected communications to other persons and organizations in additiPn to Members of Congress or an Inspector General, and expanding the subject matter of protected communications to include information that the member reasonably believes constitutes evidence of sexual harassment and discrimination, among other subjects. Additionally, changes to the regulations update the responsibilities of the Inspector General of the Department of Homeland Security to conform to relevant statutory provisions.

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.

In 1999, the Transportation Equity Act for the 21st Century made $5 million available to the Secretary of Homeland Security for payment per year of Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. In 2005, the law was amended, and the amount was increased to $5.5 million. The Coast Guard is publishing this notice to satisfy a requirement of the Act that a detailed accounting of the projects, programs, and activities funded under the national recreational boating safety program provision of the Act be published annually in the Federal Register. In this notice, we have specified the amount of monies the Coast Guard has committed, obligated, or expended during fiscal year 2010, as of September 30, 2010.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Witt Penn Bridge at mile 3.1, across the Hackensack River, at Jersey City, New Jersey. Under this temporary deviation a two-hour advance notice for bridge opening will be required to facilitate bridge repairs.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Clinton Railroad Drawbridge across the Upper Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter and when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24 hours advance notice is given.

The Coast Guard is establishing a safety zone upon the navigable water of the San Diego Bay in San Diego, CA in support of the two San Diego Parade of Lights Fireworks Displays on December 12 and December 19, 2010. This safety zone is necessary to ensure the safety of vessels, spectators, participants and others in the vicinity of the fireworks displays. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative.

In this rule, the Coast Guard codifies traffic separation schemes in the approaches to Portland, ME; in the approaches to Boston, MA; in the approaches to Narragansett Bay, RI and Buzzards Bay, MA; and in the approaches to the Cape Fear River, NC. In addition, the Coast Guard updates the current regulations for the traffic separation scheme in the approaches to Chesapeake Bay, VA. The Coast Guard established these traffic separation schemes between 1978 and 2004 under authority of the Ports and Waterways Safety Act. The International Maritime Organization adopted these traffic separation schemes and describes them in their publication, ``Ships Routeing,'' Ninth Edition, 2008. In addition, these traffic separation schemes are already shown on nautical charts and in the United States Coast Pilot published by the National Oceanic and Atmospheric Administration.

In section 707 of the Coast Guard Authorization Act of 2010, Congress directs the Secretary of the Department in which the Coast Guard is operating to report on the availability, feasibility, and potential cost of technology to detect the loss of oil carried as cargo or as fuel on tank and non-tank vessels greater than 400 gross tons. Through this Notice, the Coast Guard seeks information about the current state of technology to detect loss of oil into the water.

The Coast Guard proposes to change the regulations that govern the operation of the US 50 Bridge over Isle of Wight (Sinepuxent) Bay, mile 0.5, at Ocean City, MD. This proposed rule will require any mariner requesting an opening in the evening hours during the off- season, to do so before the tender office has vacated for the night. The proposed change will ensure draw tender availability for every scheduled opening. The Coast Guard also proposes to change the waterway location from Isle of Wight Bay to Isle of Wight (Sinepuxent) Bay. This waterway is known locally as both Isle of Wight Bay and Sinepuxent Bay.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Burlington Railroad Drawbridge across the Upper Mississippi River, mile 403.1, at Burlington, Iowa. The deviation is necessary to allow the bridge owner time to replace the swing span with a lift span and to construct the right descending tower. This deviation allows the bridge to be maintained in the closed-to-navigation position for sixty-two days.

In this rule the Coast Guard establishes seven anchorage grounds in Long Island Sound. These anchorages are located in Connecticut and New York State waters. This action is necessary to aid in facilitating the safe and secure anchoring and transiting of vessels, particularly deep draft vessels, transiting Long Island Sound or awaiting entry to a port or facility in New York and Connecticut.

The Coast Guard proposes to establish a drawbridge opening schedule for the Duluth Aerial Lift Bridge for vessels under 300 gross tons. Scheduled drawbridge openings were requested by various local entities to help reduce traffic congestion near the drawbridge during the peak navigation and tourist season. The scheduled drawbridge openings are expected to improve traffic congestion in the area and enhance safety for all modes of transportation.

The Coast Guard announces the release of Maritime Security (MARSEC) Directive 104-6 (Rev. 4). This Directive only applies to U.S. flagged vessels subject to the Maritime Transportation Security Act (MTSA) on international voyages through or in designated high risk waters, and provides additional counter-piracy guidance and mandatory measures for these vessels operating in these areas where acts of piracy and armed robbery against ships are prevalent. MARSEC Directive 104-6 (Rev. 4) also includes an annex that provides specific direction for vessels operating around the Horn of Africa. MARSEC Directives are designated Sensitive Security Information (SSI) and are not subject to public release.

The Coast Guard seeks public comment on updating vessel inspection fees. The Coast Guard, by regulation, establishes inspection fees for U.S. commercial vessels required to maintain a Certificate of Inspection and foreign tankships and mobile offshore drilling units required to maintain a Certificate of Compliance. This includes overseas inspection and examination fees. The Coast Guard is considering options for updating and/or restructuring these inspection fees to ensure their adequacy and equity, and for adapting to changes that have occurred since they were last modified in 1998. The Coast Guard seeks information on factors to consider when updating these fees.