Entity type                         --------------------------    Count       Percent
                                                                  U.S.       Unknown
----------------------------------------------------------------------------------------------------------------
Exceed the threshold........................................           23            0           23         30.7
Below the threshold.........................................           20            0           20         26.7
Unknown.....................................................           27            5           32         42.7
                                                             ---------------------------------------------------
    Total...................................................           70            5           75        100.0
----------------------------------------------------------------------------------------------------------------

    The percentage of entities affected by this rule is distributed
among 14 NAICS classified industries. Table 23 lists the frequency,
percentage, and size standard, and size threshold of NAICS codes for
the 20 small businesses found in the sample.

                                                  Table 23--NAICS Codes of Identified Small Businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Threshold
                NAICS code                             Industry                   Count          Percent            Size standard          (revenue in $
                                                                                millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
423860...................................  Transportation Equipment and                   3            15.0  Employees..................             100
                                            Supplies (except Motor Vehicle)
                                            Merchant Wholesalers.
483211...................................  Inland Water Freight                           3            15.0  Employees..................             500
                                            Transportation.
488510...................................  Freight Transportation                         2            10.0  Revenue....................              14
                                            Arrangement.
336611...................................  Ship Building and Repairing.....               1             5.0  Employees..................           1,000
423310...................................  Lumber & Wood Merchant Whls.....               1             5.0  Employees..................             100
423930...................................  Recycling.......................               1             5.0  Employees..................             100
424910...................................  Farm Supplies Merchant Whls.....               1             5.0  Employees..................             100
441222...................................  Boat Dealers....................               1             5.0  Revenue....................              30
483111...................................  Deep Sea transportation.........               1             5.0  Employees..................             500
484230...................................  Other Specialized Trucking Long-               1             5.0  Revenue....................            25.5
                                            Distance.
488210...................................  Support Activities for Rail                    1             5.0  Revenue....................            14.0
                                            Transportation.
488320...................................  Marine Cargo Handling...........               1             5.0  Revenue....................            35.5
541990...................................  All Other Professional &                       1             5.0  Revenue....................              14
                                            Technical Svcs.
561110...................................  Office Administrative Svcs......               1             5.0  Revenue....................               7
561990...................................  All Other Support Svcs..........               1             5.0  Revenue....................               7
                                                                            ----------------
    Total................................  ................................              20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: http://www.sba.gov/sites/default/files/files/Size_Standards_Table(1).pdf.

    We selected the three industries that appeared most frequently in
the random sample of entities. Businesses from these three industries
accounted for approximately 40 percent of the entities in the random
sample. Therefore, we can assume that approximately 40 percent of all
entities affected by this regulation will be in one of these
industries. A brief description of industries affected most by this
rule is presented below:
     Transportation Equipment and Supplies (except Motor
Vehicle) Merchant Wholesalers (423860): This industry comprises
establishments primarily engaged in the merchant wholesale distribution
of transportation equipment and supplies (except marine pleasure craft
and motor vehicles).
     Inland Water Freight Transportation (483211): This U.S.
industry comprises establishments primarily engaged in providing inland
water transportation of cargo on lakes, rivers, or intracoastal
waterways (except on the Great Lakes System).
     Freight Transportation Arrangement (488510): This industry
comprises establishments primarily engaged in arranging transportation
of freight between shippers and carriers. These establishments are
usually known as freight forwarders, marine shipping agents, or customs
brokers and offer a combination of services spanning transportation
modes.
    d. A description of the projected reporting, recordkeeping and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record. The compliance requirements of the
proposed rule consist of upgrading deficient CSMs and reporting lost or

jettisoned cargo. Therefore, this proposed rule would call for a
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). Details on the burden estimate associated with this
collection is available in section VIII.D of this preamble.
    As discussed in section VIII.A, in 2009 through 2011 the Coast
Guard conducted 11,989 vessel inspections and found problems relating
to CSMs in only 7 instances, or about 0.1 percent of the foreign-
flagged vessels were found to have deficient CSMs. We anticipate that
the owners and operators of these vessels will upgrade their manuals to
meet standards and comply with this rule. We do not have detailed
descriptions on each of the deficiency cases. To impute a cost for this
compliance action, we apply the estimate of $7,625 develop a new CSM,
as used in the Regulatory Analysis.
    For reporting lost or jettisoned cargo, we noted in section VIII.A
cost discussions that when one of these incidents occurs, the vessel
staff already collects the needed information for company purposes.
Thus, the only additional cost to the vessel is to report this
information to the Coast Guard. We estimate the additional reporting
will take 0.25 hours for the vessel's Master or other senior officer to
compile and transmit the report to the Coast Guard. We estimate that
the loaded wage rate for the senior officer is $53.00 per hour. The
cost of reporting is $13.25 (0.25 hours * $53 per hour).
    As discussed in section VIII.A, we adjusted the affected population
to account for anticipated growth in container traffic. In our ten-year
analysis, we estimate that the number of vessels that would need to
upgrade their CSM would be 5 in year one each of and increase to 8 in
year ten. We also accounted for this growth in container traffic in our
estimate of lost or jettisoned cargoes. In the section VIII.A cost
discussions we estimate that in the first year the rule would become
effective, 50 incidents of lost or jettisoned cargo would occur. We
estimate that the affected population in that year consists of 7,163
vessels, yielding an incident rate of 0.7 percent (50 incidents/7,163
vessels). To execute a revenue impact analysis we posited that in any
given year each business would have one vessel that would need to
upgrade its CSM and that one of their vessels would have an incident of
lost or jettisoned cargo. Given these assumptions, the total annual
compliance cost for any company is $7,638.25, as shown in Table 24.

                          Table 24--Annual Compliance Cost for Revenue Impact Analysis
----------------------------------------------------------------------------------------------------------------
                                                   Loaded wage                     Hours              Total cost
----------------------------------------------------------------------------------------------------------------
Cost to upgrade 1 CSM....................  N/A........................  N/A........................       $7,625
Cost to report 1 hazardous condition.....  53.........................  0.25.......................        13.25
                                          ----------------------------------------------------------------------
    Total................................                                                               7,638.25
----------------------------------------------------------------------------------------------------------------

    For each business in our sample with revenue data, we calculated
the impact as the assumed cost of $7,638.25 as a percentage of that
business's annual revenue. This produced a range of potential revenue
impacts across the sample. Table 25 presents the impact data in ranges
of less than 1 percent, 1 to 3 percent, and greater than 3 percent. As
shown in Table 25, for 60 percent of the companies, the revenue impact
is less than 1 percent of annual revenue and between 1 percent and 3
percent of annual revenue for another 20 percent.

         Table 25--Estimated Revenue Impact on Small Businesses
------------------------------------------------------------------------
                 Impact class                      Count       Percent
------------------------------------------------------------------------
<1%...........................................           12         60.0
1%-3%.........................................            4         20.0
>3%...........................................            4         20.0
                                               -------------------------
  Total.......................................           20        100.0
------------------------------------------------------------------------

    As shown in Table 18, the highest cost to industry in any one year
on an undiscounted basis is $62,790 in year 10. The revenue impact
analysis indicates that 60 percent of the affected population would
have an impact of less than 1 percent and the other 20 percent would
have an impact between 1 percent and 3 percent. If you think that your
business, organization, or governmental jurisdiction qualifies as a
small entity and that this rule would have a significant economic
impact on it, please submit a comment to the Docket Management Facility
at the address under ADDRESSES. In your comment, explain why you think
it qualifies and how and to what degree this rule would economically
affect it.
    e. An identification, to the extent practicable, of all relevant
Federal rules which may duplicate, overlap or conflict with the
proposed rule. This proposed rule does not duplicate or conflict with
other Federal rules. This rulemaking concerns vessel operations and the
Coast Guard has sole jurisdiction over this area at the Federal level.
States may not regulate in categories reserved for regulation by the
Coast Guard, so this proposed rule will not duplicate or conflict with
any State regulations.
    f. Descriptions of any significant alternatives to the proposed
rule which accomplish the stated objectives of applicable statutes and
which minimize any significant economic impact of the proposed rule on
small entities. Alternatives were considered in this proposed rule and
are discussed in section VIII.A of this preamble. Alternatives include
various ways to apply the requirements to prepare and implement CSMs to
U.S.-flagged vessels in coastwise trade. However, we concluded that
standards developed for international trade cannot be economically
justified for vessels operating only domestically at this time.
Therefore, the focus of this rulemaking is exclusively on vessels in
international trade.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Mr. Ken Smith
using the contact information in FOR FURTHER INFORMATION CONTACT. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The

Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

D. Collection of Information

    This rule would call for a new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other similar
actions. The title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
preparing and reporting for the development of a CSM, revising a CSM,
notification of other hazardous conditions, and notification of lost or
jettisoned cargo.
    This collection of information applies to rulemaking procedures
regarding cargo securing manuals. Specific areas covered in this
information collection include 33 CFR Part 97, ``Cargo Securing
Manuals;'' 33 CFR Part 160, ``Ports and Waterways Safety-General;'' and
46 CFR Part 97, ``Operations.'' This rule would align the CFR with
SOLAS.
    Title: Cargo Securing Manuals.
    OMB Control Number: 1625-NEW
    Summary of Collection of Information: The rule would add a new part
97, ``Cargo Securing Manuals'' to chapter 33 of the CFR. The collection
of information burden for CSMs derives from one of these three events:
     A SOLAS container vessel built after the rule becomes
effective would need to develop and implement a CSM. The new vessel
will need an approved CSM.
     If a vessel changes its type, the CSM must be revised. An
example of a type change is when a general break-bulk carrier is
modified to become a containership.
     If an existing vessel either changes 15 percent of its
cargo securing systems or more than 15 percent of its portable securing
devices, then the CSM must be revised.
    Additionally, the rule would impose burdens for the notification of
hazardous conditions. Currently, these notifications are made via VHS
radio, satellite radio, cell phones, and other forms of electronic
communication. The proposed rule specifically allows for electronic
communications and we anticipate this will continue to be how the
notifications are transmitted.
    Need for Information: Vessel owners and operators need to develop
and implement CSMs to fulfill international safety standards
established by SOLAS. The Coast Guard needs timely information on
hazardous conditions to carry out its missions relating to protecting
vessels, their crews and passengers, and the environment.
    Proposed Use of Information: For new and modified CSMs, Coast
Guard-authorized third party organizations would review these manuals
and if found acceptable, approve them. The Coast Guard would use the
information from the notification of hazardous conditions to inform
other vessel operators/waterway users of the situation and initiate any
needed measures to reduce or eliminate the hazard. These actions would
lead to a reduction of vessel casualties and pollution.
    Description of Respondents: There are two groups of respondents
impacted by this rule. The first group consists of owners and operators
of U.S.-flagged vessels that need to submit new or revised CSMs to the
recognized classification societies. The second group consists of the
operators of vessels that would be required to report hazardous
conditions.
    Number of Respondents: We estimate that there would be 149
respondents affected annually by the proposed CSM requirements. The
total is divided into these two classes: (1) 6 related to CSM plans,
and (2) 143 for notifications of hazardous conditions, which include
lost or jettisoned cargo and other incidents. Table 26 describes the
calculations for developing the estimates of each requirement relating
to the CSM plans.

                                  Table 26--Estimates of Number of Respondents
----------------------------------------------------------------------------------------------------------------
              Class                       Requirement                Description           Count        Total
----------------------------------------------------------------------------------------------------------------
CSM Plans........................  Develop CSM--new vessel..  From U.S. vessel                    3  ...........
                                                               population data of 26
                                                               vessels (Table 4),
                                                               average new builds 2009-
                                                               2011.
                                   Revise CSM--change in      MISLE data shows none of            0  ...........
                                    vessel type.               the affected vessels
                                                               have changed vessel
                                                               type from 2001-2012.
                                   Revise CSM--replace CSM    Annual rate of 11.3%                3  ...........
                                    systems or equipment.      from information
                                                               supplied by an approved
                                                               organization. Applied
                                                               to U.S. population (see
                                                               Table 4), (26 * 11.3%).
                                   CSM Total................  ........................  ...........            6
Notifications....................  Notifications of           From MISLE, average of            141  ...........
                                    hazardous condition.       2009-2011 notifications.
                                   Notifications of lost or   U.S. notifications,                 2  ...........
                                    jettisoned cargo.          Table 9, year 10.
                                   Notifications Total......  ........................  ...........          143
                                                                                -------------------------
    Grand Total..................  .........................  ........................  ...........          149
----------------------------------------------------------------------------------------------------------------

    Frequency of Response: A CSM is valid indefinitely, as long as it
does not meet any of the conditions for a revision. The reporting of
hazardous conditions occurs as needed. In the subsequent ``Number of
Respondents'' section, we present annual estimates of the reports.
    Burden of Response: The burden hours per requirement is estimated
and shown below in Table 27.

                Table 27--Annual Burden Hours Per Request
------------------------------------------------------------------------
           Requirement                Hours               Notes
------------------------------------------------------------------------
Develop new CSM..................           48  8 hours to survey the
                                                 vessel and 40 hours to
                                                 draft the CSM.
Revise CSM--change in vessel type           48  8 hours to survey the
                                                 vessel and 40 hours to
                                                 draft the CSM.
Revise CSM--change in cargo                 20  20 hours to revise the
 securing systems or equipment.                  existing CSM.
Notification of hazardous                 0.25  0.25 hours for vessel
 condition.                                      crew to prepare and
                                                 transmit the notice.
Notification of lost of                   0.25  0.25 hours for vessel
 jettisoned cargo.                               crew to prepare and
                                                 transmit the notice.
------------------------------------------------------------------------

    Estimated Total Annual Burden: We estimate that the total annual
burden to industry will be 240 hours (rounded). Table 28 displays the
total burden hours for each request:

                   Table 28--Total Annual Burden Hours
------------------------------------------------------------------------
                          Requirement                             Hours
------------------------------------------------------------------------
Develop new CSM................................................      144
Revise CSM--change in vessel type..............................        0
Revise CSM--change in cargo securing systems or equipment......       60
Notification of hazardous condition............................    35.25
Notification of lost of jettisoned cargo.......................      0.5
------------------------------------------------------------------------

    Reason For Proposed Change: The rule would require collections of
information regarding these two activities: (1) development or revision
of a CSM, and 2) notification of hazardous conditions, including lost
or jettisoned cargo.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this SNPRM to OMB for its review of
the collection of information.
    We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
    If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the
collection requirements in this final rule can be enforced, OMB must
approve Coast Guard's request to collect this information.

E. Federalism

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under E.O. 13132 and
have determined that it does not have implications for federalism. Our
analysis follows.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S.Ct. 1135 (March 6, 2000).
    This proposed rule on cargo securing falls into the category of
vessel operation. Because the States may not regulate within this
category, preemption under E.O. 13132 is not an issue.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E. O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under E.O. 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. The Administrator of the Office of Information and Regulatory
Affairs has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under E.O.
13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
    This proposed rule uses technical standards other than voluntary
consensus standards. It incorporates guidance developed by the IMO, an
international organization under United Nations auspices. We are not
aware of any voluntary consensus standards that are pertinent to this
rule. If you are aware of voluntary consensus standards that might
apply, please identify them by sending a comment to the docket using
one of the methods under ADDRESSES. In your comment, please explain why
you think the standards might apply.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
action falls under section 2.B.2, figure 2-1, paragraph (34)(a) and
involves regulations which are editorial or procedural. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects

33 CFR Part 97

    Cargo stowage and securing, Cargo vessels, Hazardous materials,
Reporting and recordkeeping requirements, Incorporation by reference.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.

46 CFR Part 97

    Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes
to add 33 CFR part 97 and amend 33 CFR Part 160 and 46 CFR Part 97 as
follows:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

0
1. Add part 97 to read as follows:

PART 97--RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND
SECURING OF CARGOES

Subpart A--CARGO SECURING MANUALS
97.100 Applicability--Electronic documentation.
97.105 Definitions.
97.110 Incorporation by reference.
97.115 Reporting lost or jettisoned cargo.
97.120 Cargo securing manuals.
97.121-97.199 [Reserved]
97.200 Cargo securing manual (CSM) approval for U.S.-flagged vessels
on international voyages.
97.205 Requirements for amending an approved cargo securing manual
(CSM).
97.210 Appeals.
97.211-97.299 [Reserved]
97.300 Authorized cargo securing manual (CSM) approval authorities.
97.305 Requests for authorization to act as cargo securing manual
(CSM) approval authority.
97.310 Criteria for authorization.
97.320 Requirements for authorized approval organizations.
97.320 Revocation of authorization.
Subpart B--[Reserved]

    Authority: 46 U.S.C. 2103, 3306; E.O. 12234; Department of
Homeland Security Delegation No. 0170.1(92)(a) and (b).

PART 97--RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND
SECURING OF CARGOES

Subpart A--Cargo Securing Manuals

Sec.  97.100  Applicability--Electronic documentation.

    (a) This part applies to--
    (1) A vessel of 500 gross tons or more on an international voyage
that must comply with Chapter VI/5.6 or Chapter VII/5 of the
International Convention for the Safety of Life at Sea, 1974 as amended
(SOLAS) and that does not solely carry liquid or solid cargoes in bulk,
and that is either a U.S.-flagged cargo vessel, or a foreign-flagged
cargo vessel that is operating in waters subject to the jurisdiction of
the United States;
    (2) A U.S.-flagged cargo vessel that is less than 500 gross tons
but that chooses to have this part applied to it by submitting a cargo
securing manual for approval in accordance with Sec.  97.200(a)(3);
    (3) A foreign-flagged cargo vessel of 500 gross tons or more on an
international voyage from a country not signatory to SOLAS that would
otherwise be required to comply with Chapter VI/5.6 or Chapter VII/5 of
SOLAS and that does not solely carry liquid or solid cargoes in bulk
and is operating in waters subject to the jurisdiction of the United
States; and
    (4) Any organization applying to be selected as a cargo securing
manual approval authority.
    (b) This part does not apply to a vessel owned by the Maritime
Administration that is part of the Ready Reserve Force or the title of
which is vested in the United States and which is used for public
purposes only.
    (c) Any manual, letter, request, appeal, or ruling required by this
part may be provided or submitted in electronic form as well as in
printed form.

Sec.  97.105  Definitions.

    As used in this part--
    Approval authority means a CSM approval authority, as that term is
defined in this section.
    Cargo means the goods or merchandise conveyed in a vessel, and
includes but is not limited to cargo that can be measured as a ``cargo
unit'' as that term is used in the International Maritime
Organization's Code of Safe Practice for Cargo Stowage and Securing,
2003 edition: ``a vehicle, container, flat, pallet, portable tank,
packaged unit, or any other entity, etc., and loading equipment, or any
part thereof, which belongs to the ship but is not fixed to the ship .
. .''; but it does not include other vessel equipment or the incidental
personal possessions of persons on board the vessel.
    Cargo safe access plan (CSAP) means a plan included in the cargo
securing manual that provides detailed information on safe access for
persons engaged in work connected with cargo stowage and securing on
ships that are specifically designed and fitted for the purpose of
carrying containers.
    Cargo securing manual (CSM) means an electronic or printed manual
developed to meet the requirements of SOLAS and this part that is used
by the master of a vessel to properly stow and

secure cargoes on the vessel for which it is developed.
    Cargo securing manual approval authority or CSM approval authority
means an organization that meets the requirements of this part, and
that the Commandant has authorized to conduct certain actions and issue
electronic or printed approval letters on behalf of the United States.
    Captain of the Port (COTP) means the U.S. Coast Guard officer as
described in 33 CFR 6.01-3.
    Commandant, except as otherwise specified, means the Chief, Office
of Operating and Environmental Standards, whose address is COMDT (CG-
OES) 2100 2nd Street SW., Stop 7126, Washington, DC 20593-7126 and
whose telephone number is<PHONE_NUMBER>.
    Container means an article of transport equipment described in 49
CFR 450.3.
    Container vessel means a vessel specifically designed and fitted
for the purpose of carrying containers.
    International voyage means a voyage between a port or place in one
country (or its possessions) and a port or place in another country.

Sec.  97.110  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
U.S. Coast Guard, Headquarters, Office of Operating and Environmental
Standards (CG-OES), 2100 Second Street SW., Stop 7126, Washington, DC
20593-7126, and is available from the sources listed below. It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) International Maritime Organization (IMO), Publications
Section, 4 Albert Embankment, London, SE1 7SR, United Kingdom, +44(0)20
7735 7611, http://www.imo.org.
    (1) Maritime Safety Committee Circular 1353 (MSC.1/Circ. 1353),
Guidelines for the Preparation of the Cargo Securing Manual, June 30,
2010-97, IBR approved for Sec.  97.120.
    (2) Maritime Safety Committee Circular 1352 (MSC.1/Circ.1352),
Cargo Stowage and Securing (CSS Code) Annex 14 Guidance on Providing
Safe Working Conditions for Securing of Containers on Deck, June 30,
2010-97, IBR approved for Sec.  97.120.
    (3) Assembly Resolution 739(18) (Res.A.739(18)), Guidelines for the
Authorization of Organizations Acting on Behalf of the Administration,
November 4, 1993-97, IBR approved for Sec.  97.310.

Sec.  97.115  Reporting lost or jettisoned cargo.

    (a) In the event a vessel loses or jettisons at sea any cargo
described in paragraph (b)(1) of this section, it must comply with the
immediate notification requirements of 33 CFR 160.215, and if the cargo
contains hazardous material as defined in paragraph (b)(2) of this
section the vessel must also report as soon as possible in accordance
with 49 CFR 176.48.
    (b)(1) The cargo to which this section applies includes any
container, and any other cargo the loss or jettisoning of which could
adversely affect the safety of any vessel, bridge, structure, or shore
area or the environmental quality of any port, harbor, or navigable
waterway of the United States.
    (2) As used in this section, ``hazardous material'' means a
substance or material designated by the Secretary of Transportation as
capable of posing an unreasonable risk to health, safety, and property
when transported in commerce. The term includes hazardous substances,
hazardous wastes, marine pollutants, and elevated temperature materials
as defined in 49 CFR 171.8, materials designated as hazardous under the
provisions of 49 CFR 172.101, and materials that meet the defining
criteria for hazard classes and divisions in 49 CFR part 173.

Sec.  97.120  Cargo securing manuals.

    (a)(1) Any vessel to which this part applies must have a cargo
securing manual (CSM) on board that has been approved by the government
of the country whose flag the vessel is entitled to fly; and a CSM
approved after June 30, 2010 must at a minimum meet the guidelines in
Maritime Safety Committee Circular 1353 (MSC.1/Circ. 1353), Guidelines
for the Preparation of the Cargo Securing Manual (incorporated by
reference, see 33 CFR 97.110).
    (2) A container vessel with a keel laid on or after January 1, 2015
must include a cargo safe access plan that at a minimum meets the
guidelines in Maritime Safety Committee Circular 1352 (MSC.1/
Circ.1352), Cargo Stowage and Securing (CSS Code) Annex 14 Guidance on
Providing Safe Working Conditions for Securing of Containers on Deck
(incorporated by reference, see 33 CFR 97.110).
    (b) While operating in waters under the jurisdiction of the United
States, the Coast Guard may board any vessel to which this part applies
to determine that the vessel has the document(s) required by paragraph
(a) of this section onboard. Any foreign-flagged vessel found not to be
in compliance with paragraph (a) may be detained by order of the COTP
at the port or terminal where the noncompliance is found until the COTP
determines that the vessel can go to sea without presenting an
unreasonable threat of harm to the port, the marine environment, the
vessel, or its crew.

Sec. Sec.  97.121-97.199  [Reserved]

Sec.  97.200  Cargo securing manual (CSM) approval for U.S.-flagged
vessels on international voyages.

    (a)(1) An applicant for CSM approval may be the owner or operator
of the vessel, or a person acting on the owner or operator's behalf.
    (2) The Commandant is responsible for overseeing and managing the
review and approval of approval authority applications and provides an
up-to-date list of organizations authorized to act under this subpart,
which is available at http://www.uscg.mil/hq/cg5/cg522/cg5222 or by
requesting it in writing from the Commandant and enclosing a self-
addressed, stamped envelope.
    (3) The applicant must submit two dated copies of a CSM that meets
the requirements of this part to a CSM approval authority for review
and approval. If any amendments are submitted they must be dated. The
CSM must include a ``change page'' document to ensure continuous
documentation of amendments made and the dates they were completed.
    (4) The approval authority will retain one copy of the CSM for its
records.
    (b) If the approval authority completes the review process and
approves the CSM, the approval authority will provide a CSM approval
letter on its letterhead, containing--
    (1) Date of CSM approval;
    (2) A subject line reading: ``APPROVAL OF CARGO SECURING MANUAL
(AMENDMENT--if applicable) FOR THE M/V --------, OFFICIAL NUMBER ------
--'';
    (3) The following statement: ``This is to certify that the Cargo
Securing Manual (Amendment--if applicable) dated -------- for the M/V
--------, Official Number --------, has been approved on behalf of the
United States. The Cargo

Securing Manual (Amendment--if applicable) was reviewed for compliance
with Maritime Safety Committee Circular 1353 (MSC.1/Circ. 1353) for
content, and correctness of the calculations on which the approval is
based. This approval letter is to be kept with the Cargo Securing
Manual, as proof of compliance with regulations VI/5.6 and VII5 of the
2004 amendments to the International Convention for the Safety of Life
at Sea (SOLAS) 1974.'';
    (4) Signature of the approval authority official responsible for
review and approval of the CSM; and
    (5) The approval authority's seal or stamp.
    (c) If the approval authority completes the review process and
disapproves the CSM, the approval authority will provide a letter on
its letterhead, containing--
    (1) Date of CSM disapproval; and
    (2) Explanation of why the CSM was disapproved and what the
submitter must do to correct deficiencies.
    (d) The submitter of a disapproved CSM may resubmit the CSM with
amendments for further review, either to correct deficiencies noted by
the approval authority, or to expand the CSM to fully meet the
requirements of this part.
    (e) The original copy of the CSM approval letter must be kept with
the approved CSM and its amendments, together with supporting documents
and calculations used in granting the approval, onboard the vessel for
review by Coast Guard personnel upon request.

Sec.  97.205  Requirements for amending an approved cargo securing
manual (CSM).

    Resubmission and re-approval by a CSM approval authority are
required after any event listed in this section.
    (a) Reconfiguration of a vessel from one type of cargo carriage to
another (e.g., a general break-bulk cargo vessel reconfigured to a
container or a roll-on/roll-off vessel).
    (b) Reconfiguration or replacement of 15 percent or more of the
vessel's fixed cargo securing or tie down systems with different types
of devices or systems.
    (c) Replacement of 15 percent or more of the vessel's portable
cargo securing devices, with different types of devices for securing
the cargo not already used aboard the vessel (e.g., wire lashings
replaced with turnbuckles or chains).

Sec.  97.210  Appeals.

    (a) A vessel owner or operator, or person acting on their behalf,
who disagrees with a decision of a cargo securing manual approval
authority may submit a written appeal to the approval authority
requesting reconsideration of information in dispute. Within 30 days of
receiving the appeal, the approval authority must provide the vessel
owner with a final written ruling on the request, with a copy to the
Commandant.
    (b) A vessel owner who is dissatisfied with the approval
authority's final written ruling may appeal directly to the Commandant.
The appeal must be made in writing and include the documentation and
supporting evidence the owner wants to be considered, and may ask the
Commandant to stay the effect of the appealed decision while it is
under review by the Commandant.
    (c) The Commandant will make a decision on the appeal and send a
formal response to the vessel owner and a copy to the approval
authority. The Commandant's decision will constitute final agency
action on the appeal request.

Sec. Sec.  97.211-97.299  [Reserved]

Sec.  97.300  Authorized cargo securing manual (CSM) approval
authorities.

    (a) The following organizations are authorized to act on behalf of
the U.S. for the review and approval of CSMs:
    (1) The American Bureau of Shipping, ABS Plaza, 16855 Northchase
Drive, Houston, TX 77060,<PHONE_NUMBER>, http://www.eagle.org.
    (2) Lloyd's Register of Shipping, 71 Fenchurch Street, London EC3M
4BS, United Kingdom, +44(0)20 7709 9166, http://www.lr.org.
    (3) Any recognized classification society to which the Coast Guard
has delegated issuance of a Cargo Ship Safety Equipment Certificate in
accordance with 46 CFR 8.320(b)(4). A list of these organizations can
be found at www.uscg.mil/hq/cg5/cg522/cg5222 in the Alternate
Compliance Program site under ``Programs & Services''.
    (4) The National Cargo Bureau, Inc., 17 Battery Place, Suite 1232,
New York, NY 10004-1110,<PHONE_NUMBER>, http://www.natcargo.org.
    (b) Reserved.

Sec.  97.305  Requests for authorization to act as cargo securing
manual (CSM) approval authority.

    An organization seeking authorization as a CSM approval authority
must make a request to the Commandant for authorization. The request
must include, in writing, the items listed in this section or as
otherwise specified by the Commandant.
    (a) A certified copy of the organization's certificate of
incorporation or partnership on file with a U.S. State, including the
name and address of the organization, with written statements or
documents which show that--
    (1) The organization's owners, managers, and employees are free
from influence or control by vessel shipbuilders, owners, operators,
lessors, or other related commercial interests as evidenced by past and
present business practices;
    (2) The organization has demonstrated, through other related work,
the capability to competently evaluate CSMs for completeness and
sufficiency according to the requirements of SOLAS and this part;
    (3) The organization has an acceptable degree of financial
security, based on recent audits by certified public accountants over
the last 5 years; and
    (4) The organization maintains a corporate office in the United
States that has adequate resources and staff to support all aspects of
CSM review, approval, and recordkeeping.
    (b) A listing of the names of the organization's principal
executives, with titles, telephone and telefax numbers.
    (c) A written general description of the organization, covering the
ownership, managerial structure, and organization components, including
any directly affiliated organizations, and their functions utilized for
supporting technical services.
    (d) A written list of technical services the organization offers.
    (e) A written general description of the geographical area the
organization serves.
    (f) A written general description of the clients the organization
is serving, or intends to serve.
    (g) A written general description of similar work performed by the
organization in the past, noting the amount and extent of such work
performed within the previous 3 years.
    (h) A written listing of the names of full-time professional staff
employed by the organization and available for technical review and
approval of CSMs including:
    (1) Naval architects and naval engineers, with copies of their
professional credentials, college degrees, and specialized training
certificates.
    (2) Merchant mariners with Coast Guard-issued credentials, with a
summary of their working experience on board cargo vessels (including
vessel tonnage and types of cargo).
    (3) Written proof of staff competence to perform CSM review and
approval, evidenced by detailed summaries of each individual's
experience (measured in months) during the past 5 years of evaluating
maritime cargo securing

systems. Experience summaries must be documented on company letterhead
and endorsed by a company executive who has had direct observation of
the individual and quality of his or her work product.
    (j) A complete description of the organization's internal quality
control processes including written standards used by the organization
to ensure consistency in CSM review and approval procedures by
qualified professionals.
    (k) A description of the organization's training program for
assuring continued competency of professional employees performing CSM
review and approval who are identified in the application.
    (l) Evidence of financial stability over the past 5-year period,
such as financial reports completed independently by certified public
accountants.
    (m) A list of five or more business references, including names,
addresses, and telephone numbers of principal executives, who can
attest to the organization's competence within the past 2 years.
    (n) A statement to the Coast Guard that gives its officials
permission to inspect the organization's facilities and records of CSM
review and approval on behalf of the U.S. at any time with reasonable
advance notice.
    (o) Any additional information the organization deems to be
pertinent.

Sec.  97.310  Criteria for authorization.

    (a) The Commandant will evaluate the organization's request for
authorization and supporting written materials, looking for evidence
of--
    (1) The organization's clear assignment of management duties;
    (2) Ethical standards for managers and cargo securing manual (CSM)
reviewers;
    (3) Procedures for personnel training, qualification,
certification, and re-qualification that are consistent with recognized
industry standards;
    (4) Acceptable standards available for the organization's internal
auditing and management review;
    (5) Recordkeeping standards for CSM review and approval;
    (6) Methods used to review and certify CSMs;
    (7) Experience and knowledge demonstrating competency to evaluate
CSMs for completeness and sufficiency according to the requirements of
SOLAS;
    (8) Methods for handling appeals; and
    (9) Overall procedures consistent with IMO Resolution A.739(18),
``Guidelines for the Authorization of Organizations Acting on Behalf of
the Administration'' (incorporated by reference, see Sec.  97.110).
    (b) After a favorable evaluation of the organization's request, the
Commandant may arrange to visit the organization's corporate and port
offices for an on-site evaluation of operations.
    (c) When a request is approved, the organization and the Coast
Guard will enter into the written agreement provided for by 33 CFR
97.315. If the request is not approved, the Commandant will give the
organization a written explanation, and the organization may resubmit
its request if it corrects any noted deficiencies.

Sec.  97.315  Requirements for authorized approval organizations.

    Approved organizations will enter into a written agreement with the
Coast Guard that specifies:
    (a) The period the authorization is valid;
    (b) Which duties and responsibilities the organization may perform
and what approval letters it may issue on behalf of the U.S.;
    (c) Reports and information the organization must send to the
Commandant;
    (d) Actions the organization must take to renew the agreement when
it expires; and
    (e) Actions the organization must take if the Commandant revokes
authorization pursuant to 33 CFR 97.320.

Sec.  97.320  Revocation of authorization.

    The Commandant may revoke a cargo securing manual (CSM) approval
authority's authorization and remove it from the list of CSM approval
authorities if it fails to maintain acceptable standards. For the
purposes of 46 CFR subpart 1.03, such a revocation would be treated as
involving the recognition of a classification society and could be
appealed pursuant to 46 CFR 1.03-15(h)(4). Upon revocation, the former
approval authority must send written notice to each vessel owner whose
CSM it approved. The notice must include the current list of CSM
approval authorities and state:
    (a) That its authorization as a CSM approval authority has been
revoked;
    (b) The Coast Guard's explanation for the revocation; and
    (c) That the vessel's CSM remains valid as long as amendments have
not been completed which require it to be re-approved pursuant to 33
CFR 97.200 or 97.205.

Subpart B--[Reserved]

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
2. The authority citation for part 160 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 11225 and 46 U.S.C.
3715.

0
3. Revise Sec.  160.215 to read as follows:

Sec.  160.215  Notice of hazardous conditions.

    (a) Whenever there is a hazardous condition either onboard a vessel
or caused by a vessel or its operation, the owner, agent, master,
operator, or person in charge must immediately notify the nearest Coast
Guard Sector Office or Group Office, and in addition submit any report
required by 46 CFR 4.05-10.
    (b) When the hazardous condition involves cargo loss or jettisoning
as described in 33 CFR 97.115, the notification required by paragraph
(a) of this section must include--
    (1) What was lost, including a description of cargo, substances
involved, and types of packages;
    (2) How many were lost, including the number of packages and
quantity of substances they represent;
    (3) When the incident occurred, including the time of the incident
or period of time over which the incident occurred;
    (4) Where the incident occurred, including the exact or estimated
location of the incident, the route the ship was taking, and the
weather (wind and sea) conditions at the time or approximate time of
the incident; and
    (5) How the incident occurred, including the circumstances of the
incident, the type of securing equipment that was used, and any other
material failures that may have contributed to the incident.

TITLE 46--SHIPPING

PART 97--OPERATIONS

0
4. The authority citation for part 97 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. 5103, 5106; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p.
277; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; Department
of Homeland Security Delegation No. 0170.1.

0
5. Add Sec.  97.12-10 to read as follows:

Sec.  97.12-10  Cargo securing manuals.

    Each U.S.-flagged vessel that must comply with Chapter VI/5.6 or
Chapter VII/5 of the International Convention for

the Safety of Life at Sea, 1974 as amended must have on board a cargo
securing manual that meets the requirements of 33 CFR part 97.

    Dated: November 1, 2013,
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-26886 Filed 11-14-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 21, 2009 (Volume 74, Number 161)]
[Rules and Regulations]
[Page 42177-42178]
[DOCID:fr21au09-7]

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 721

[EPA-HQ-OPPT-2008-0252; FRL-8433-9]
RIN 2070-AB27

Certain Chemical Substances; Withdrawal of Significant New Use
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of final rules.

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

SUMMARY: EPA is withdrawing two significant new use rules (SNURs)
promulgated under section 5(a)(2) of the

Toxic Substances Control Act (TSCA) for chemical substances which were
the subject of premanufacture notices (PMNs), i.e., multi-walled carbon
nanotubes (PMN P-08-177) and single-walled carbon nanotubes (PMN P-08-
328). These chemical substances are subject to TSCA section 5(e)
consent orders issued by EPA. EPA published the SNURs using direct
final rulemaking procedures. EPA received a notice of intent to submit
adverse comments on these rules. Therefore, the Agency is withdrawing
these SNURs, as required under the expedited SNUR rulemaking process.
EPA also intends to publish in the Federal Register, under separate
notice and comment rulemaking procedures, proposed SNURS for these two
chemical substances.

DATES: This final rule is effective August 21, 2009.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Karen Chu, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    A list of potentially affected entities is provided in the Federal
Register of June 24, 2009 (74 FR 29982) (FRL-8417-6). If you have
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

II. What Rules are Being Withdrawn?

     In the Federal Register of June 24, 2009 (74 FR 29982), EPA issued
several direct final SNURs, including SNURs for the two chemical
substances that are the subject of this withdrawal. These direct final
rules were issued pursuant to the procedures in 40 CFR part 721,
subpart D. In accordance with 40 CFR 721.160(c)(3)(ii), EPA is
withdrawing the rules issued for multi-walled carbon nanotubes (PMN P-
08-177) and single-walled carbon nanotubes (PMN P-08-328) because the
Agency received a notice of intent to submit adverse comments. EPA
intends to propose SNURs for these two chemical substances via notice
and comment rulemaking in a future Federal Register document.
     For further information regarding EPA's expedited process for
issuing SNURs, interested parties are directed to 40 CFR part 721,
subpart D, and the Federal Register of July 27, 1989 (54 FR 31314). The
record for the direct final SNURs for these chemical substances which
are being withdrawn was established at EPA-HQ-OPPT-2008-0252. That
record includes information considered by the Agency in developing
these rules and the notice of intent to submit adverse comments.

III. How Do I Access the Docket?

     To access the electronic docket, please go to http://
www.regulations.gov and follow the online instructions to access docket
ID no. EPA-HQ-OPPT-2008-0252. Additional information about the Docket
Facility is provided under ADDRESSES in the Federal Register document
of June 4, 2009 (74 FR 29982). If you have questions, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

IV. What Statutory and Executive Order Reviews Apply to this Action?

     This final rule revokes or eliminates an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this withdrawal will not have any
adverse impacts, economic or otherwise. The statutory and executive
order review requirements applicable to the direct final rule were
discussed in the Federal Register document of June 24, 2009 (74 FR
29982). Those review requirements do not apply to this action because
it is a withdrawal and does not contain any new or amended
requirements.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: August 17, 2009.
Wendy C. Hamnett,
Acting Director, Office of Pollution Prevention and Toxics.

0
 Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec.  721.10155  [Removed]

0
2. By removing Sec.  721.10155.

Sec.  721.10156  [Removed]

0
3. By removing Sec.  721.10156.

[FR Doc. E9-20150 Filed 8-20-09; 8:45 am]

BILLING CODE 6560-50-S