Coast Guard September 2011 – Federal Register Recent Federal Regulation Documents

This final rule makes non-substantive changes throughout Titles 46 and 49 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping and transportation regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Titles 46 and 49 on October 1, 2011.

The Coast Guard is establishing a temporary safety zone for all waters of the Mississippi River beginning at mile marker 230 and ending at mile marker 234, in the vicinity of Baton Rouge, Louisiana. The temporary safety zone is needed to protect persons and vessels from the potential safety hazards associated with a maritime salvage operation. Entry into this zone is prohibited unless vessels have met the specified instructions or are specifically authorized by the Captain of the Port New Orleans or a designated representative.

The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Smith Point Bridge, 6.1, across Narrow Bay, between Smith Point and Fire Island, New York. The deviation is necessary to facilitate bridge rehabilitation. This deviation allows the bridge to open only one of the two moveable spans for the passage of vessel traffic.

On March 30, 2011, the Coast Guard published a direct final rule that notified the public of the Coast Guard's intent to harmonize structural and performance standards for inflatable recreational personal flotation devices (PFDs) with current voluntary industry consensus standards, and to slightly modify regulatory text in anticipation of a future rulemaking addressing the population for which inflatable recreational PFDs are approved (76 FR 17561). As discussed below, we have received an adverse comment on the direct final rule, and have withdrawn the direct final rule in a notice of withdrawal published separately in this issue of the Federal Register. The Coast Guard seeks comment on the issues raised by the commenters and proposes to make the same changes to the current regulatory text, as modified below.

The Coast Guard is reopening the period for accepting applications for membership to the Lower Mississippi River Waterway Safety Advisory Committee. This Committee provides advice and recommendations to the Department of Homeland Security on matters relating to communications, surveillance, traffic management, anchorages, development and operation of the New Orleans Vessel Traffic Service (VTS), and other related topics dealing with navigation safety on the Lower Mississippi River as required by the U.S. Coast Guard.

The Coast Guard proposes to change the shape and expand the dimensions of anchorage ``D'' at Newport, Rhode Island, to better accommodate increasing cruise ship visits to Newport and to improve navigation safety.

On August 16, 2011 (76 FR 50744), the Coast Guard published a notice of meeting for the Merchant Marine Personnel Advisory Committee in the Federal Register. The Merchant Marine Personnel Advisory Committee was unable to complete all agenda items during a two day working group meeting on September 8-9, 2011 therefore, Coast Guard is adding a day to the meeting. This notice corrects the August 16, 2011 (76 FR 50744) Federal Register notice.

The National Boating Safety Advisory Council (NBSAC) will meet on October 14, 2011, in Washington, DC. NBSAC discusses issues relating to recreational boating safety. This meeting will be open to the public.

The Coast Guard is establishing a temporary moving safety zone during the Swim Around Charleston, a swimming race occurring on waters of the Wando River, the Cooper River, Charleston Harbor, and the Ashley River, in Charleston, South Carolina. The Swim Around Charleston is scheduled to take place on Sunday, October 23, 2011. The temporary safety zone is necessary for the safety of the swimmers, participant vessels, spectators, and the general public during the event. Persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

The Coast Guard is establishing a temporary safety zone on Lake St. Clair, Harrison Township, MI. This zone is intended to restrict vessels from a portion of Lake St. Clair during the Giannangeli Wedding Fireworks.

The United States Coast Guard, in consultation with the United States Environmental Protection Agency, will conduct a public meeting on the International Maritime Organization guidelines for exhaust gas cleaning systems for marine engines. The purpose of this meeting in Washington, DC, is to collect information on how to evaluate exhaust gas cleaning systems to determine under Annex VI regulation 4 of the International Convention for the Prevention of Pollution by Ships, 1973 as modified by the Protocol of 1978 (MARPOL) if such a system should be considered an equivalent that would be at least as effective in reducing sulfur oxide emissions as the requirements of MARPOL Annex VI regulation 14.

The Coast Guard announces the availability of a Draft Programmatic Environmental Assessment (PEA) for the proposed nationwide implementation of the Interagency Operations Centers (IOC) Project.

The Coast Guard is establishing a regulated navigation area (RNA) on the navigable waters of the Sakonnet River under and surrounding construction of the new Route 24 bridge that crosses the Sakonnet River between Tiverton and Portsmouth, Rhode Island. This rule implements certain safety measures including establishment of a temporary channel beneath the bridge, speed restrictions, and suspension of all vessel traffic within the RNA during construction operations that could pose an imminent hazard to vessels operating in the area. This rule is necessary to provide for the safety of life on the navigable waters during construction of the Route 24 bridge over the main channel of the Sakonnet River.

In the Federal Register published on September 8, 2011, the Coast Guard published a Temporary Final Rule changing the date of the special local regulation for this year's Wilmington YMCA Triathlon. In that Temporary Final Rule, the line number for the temporary line in the Table to Sec. 100.501 was wrong. This Correction fixes that error. The date and all other details in the Final Rule were correct.

The Coast Guard is establishing a temporary safety zone on the Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of the Cuyahoga River during the Head of the Cuyahoga. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with a rowing regatta.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard intends to submit Information Collection Requests (ICRs) to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of revisions to the following collections of information: 1625-0037, Certificates of Compliance, Boiler/Pressure Vessel Repairs, Cargo Gear Records, and Shipping Papers, 1625-0041, Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates, 1625-0042, Requirements for Lightering of Oil and Hazardous Material Cargoes, and l625-0044, Outer Continental Shelf ActivitiesTitle 33 CFR Subchapter N. Our ICRs describe the information we seek to collect from the public. Before submitting these ICRs to OIRA, the Coast Guard is inviting comments as described below.

The Coast Guard announces a series of public meetings to receive comments on a notice of proposed rulemaking (NPRM) entitled ``Inspection of Towing Vessels'' that was published in the Federal Register on August 11, 2011. As stated in that document, the regulations proposed in the NPRM would establish safety regulations governing the inspection, standards, and safety management systems of towing vessels. The proposal includes provisions covering: Specific electrical and machinery requirements for new and existing towing vessels, the use and approval of third-party auditors and surveyors, and procedures for obtaining Certificates of Inspection. Without making a specific proposal in the NPRM regarding potential requirements for hours of service or crew endurance management for mariners aboard towing vessels, the Coast Guard also welcomes comments on these two important issues, which are discussed in the NPRM.

The Coast Guard is establishing a temporary safety zone on Lake Erie, Cedar Point, Sandusky, OH. This zone is intended to restrict vessels from a portion of Lake Erie during the Revolution 3 Triathlon. This temporary safety zone is necessary to protect participants, spectators and vessels from the hazards associated with a triathlon event.

The Coast Guard will establish special local regulation during the Chesapeake Bay Workboat Race, a series of boat races to be held on the waters of Back River, Poquoson, Virginia. These special local regulations are necessary to provide for the safety of life on navigable waters during the events. This action is intended to restrict vessel traffic during the power boat races on the Back River in the vicinity of Messick Point, in Poquoson, Virginia.

In compliance with the Paperwork Reduction Act of 1995, the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0009, Oil Record Book for Ships. Before submitting this ICR to OMB, the Coast Guard is inviting comments as described below.

The Coast Guard is establishing a temporary safety zone in the navigable waters near pier 48 in the San Francisco Bay, San Francisco, California in support of the Corporate Party on Hornblower Yacht. This temporary 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 their designated representative.

The Coast Guard has received recommendations from the National Boating Safety Advisory Council (NBSAC) regarding potential ways to improve the recreational boating accident reporting process. NBSAC recommended that the Coast Guard: (1) Use a two-tiered reporting system for boating accidents; and (2) take steps to clarify what, how, and when information is reported. This notice solicits public comment on the NBSAC recommendations, as well as general public comment on the burden involved in reporting accidents, and other alternative means of reporting or collecting information.

The Coast Guard proposes to amend its vessel inspection regulations to add the International Anti-fouling System (IAFS) Certificate to the list of certificates a recognized classification society may issue on behalf of the Coast Guard. This action is being taken in response to recently enacted legislation implementing the International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001. This proposed rule would enable recognized classification societies to apply to the Coast Guard for authorization to issue IAFS Certificates to vessel owners on behalf of the Coast Guard.

The Coast Guard is establishing a temporary safety zone on Lake Erie, Cleveland, OH. This zone is intended to restrict vessels from a portion of Lake Erie during the Cleveland National Air Show. This safety zone is necessary to protect persons and vessels from the potential safety hazards associated with high speed, low altitude acrobatic and military aircraft.

The Coast Guard is establishing a temporary safety zone for a portion of the Gulf of Mexico for the waters off Orange Beach, Alabama. This action is necessary for the protection of crews, vessels, persons, and spectators on navigable waters during the Thunder on the Gulf high speed boat races. Entry into, transiting or anchoring in this zone is prohibited to all vessels, mariners, and persons unless specifically authorized by the Captain of the Port (COTP) Mobile or a designated representative.