statement of any changes made in the proposed rule as a result of such
comments. We received no specific comments in response to the IRFA.
However, in response to one commenter's suggestion, when we finalize
this interim rule we intend to make 33 CFR part 97, subpart A,
applicable to all self-propelled vessels, regardless of tonnage, and
not just to vessels of 500 gross tons or more. Also in response to
comments, we have removed seagoing barges and other non-self-propelled
vessels from the applicability of subpart A; this subpart now is
applicable only to self-propelled vessels. In all other respects, the
interim rule is substantively unchanged from our SNPRM proposals.
    c. The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the interim rule as a result of the comments. We received no
comments from the Chief Counsel for Advocacy of the SBA after the
publication of the SNPRM.
    d. A description of, and an estimate of, the number of small
entities to which the proposed rule will apply or an explanation of why
no such estimate is available. The applicable population consists of
self-propelled vessels that carry any cargo other than solid or liquid
bulk commodities and are--
     U.S.-flagged vessels engaged in international trade; or
     Foreign-flagged vessels that are in the U.S. trade.
    Section VII.A.3, Affected Population, of this preamble presents an
estimate of 6,436 vessels that will be subject to the interim rule. As
described in Section VIII, Regulatory Analyses, of this preamble, we
found that 83 vessels in the affected population were U.S.-flagged. For
the cost analysis, we found that these vessels were currently in
compliance with the CSM requirements. Also for the cost analysis, we
assumed that compliance would continue throughout the 10-year forecast
period and we continue with that assumption in this FRFA. The focus of
this FRFA is on the 4,353 foreign-flagged vessels, which may be under
the control of U.S. entities or foreign entities. Table 23 displays a
break-out of this population by the type of entity that owns or
operates these vessels.

              Table 23--Non-U.S. Vessels by Type of Entity
------------------------------------------------------------------------
                   Entity type                      Count      Percent
------------------------------------------------------------------------
Business........................................      6,345        99.87
Government......................................          7         0.11
Not-for-Profit..................................          1         0.02
                                                 -----------------------
  Total.........................................      6,353       100.00
------------------------------------------------------------------------

    All the government entities exceed the threshold for being
classified as a small entity, as they are either agencies of a foreign
government or exceed the 50,000 population threshold. We excluded these
government entities from the revenue impact analysis. The single not-
for-profit entity is also deemed not small, as it is part of an
international organization.
    To analyze the potential impact on these businesses, we produced a

random sample with a 95-percent confidence level and a confidence
interval of 5 percent.\33\ The resulting sample consisted of 288
businesses. We researched public and proprietary databases and company
Web sites for the location of the company, entity type (subsidiary or
parent company), primary line of business, employee size, revenue, and
other information.\34\ During the initial research, we found 1 entity
that is now out of business and excluded it from the analysis. We found
that 142 of the companies in our sample are based in countries other
than the United States. There are another 78 entities for which we
could not locate address information. Since they operate foreign-
flagged vessels and we could not find location information in the Coast
Guard databases and other sources, we inferred that they are operated
by firms outside of the United States. Combining this information, we
identified a total of 221 non-U.S. companies and excluded them from
this revenue impact analysis. The population for the revenue impact
analysis consists of the remaining 67 businesses from the working
sample, and we found address information that locates all 67 of them in
the United States.
---------------------------------------------------------------------------

    \33\ We selected a statistical sample so we would not need to
research and collect employee size and revenue information for the
entire affected operator population. We selected the operators in
the sample through a random number generator process available in
most statistical or spreadsheet software.
    \34\ We used information and data from Cortera
(www.cortera.com), Manta (http://Manta.com), and ReferenceUSA
(http://www.referenceusa.com).
---------------------------------------------------------------------------

    We researched and compiled the employee size and revenue data for
the 67 U.S. businesses and we compared this information to the SBA
``Table of Small Business Size Standards'' to determine if an entity is
small in its primary line of business as classified in the North
American Industry Classification System (NAICS).\35\ We determined that
35 businesses exceeded the SBA small business size standards, and 32
businesses, or 48 percent of the sample, are small by the SBA
standards. The information on location and size determination is
summarized in Table 24.
---------------------------------------------------------------------------

    \35\ The SBA lists small business size standards for industries
described in the North American Industry Classification System. See
http://www.sba.gov/content/table-small-business-size-standards.

              Table 24--U.S. Business by Size Determination
------------------------------------------------------------------------
                    Entity type                      Entities   Percent
------------------------------------------------------------------------
Exceed the threshold...............................        35       52.2
Below the threshold................................        32       47.8
                                                    --------------------
  Total............................................        67      100.0
------------------------------------------------------------------------

    These 32 businesses that are below the SBA size thresholds are
distributed among 16 NAICS classified industries. Table 25 lists the
frequency, percentage, size standard, and size threshold of NAICS codes
for the 32 small businesses found in the sample.

                                                  Table 25--NAICS Codes of Identified Small Businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
           NAICS code                       Industry                Count          Percent                   Size standard                Size threshold
--------------------------------------------------------------------------------------------------------------------------------------------------------
483111..........................  Deep Sea Freight                         12            37.5  Number of employees......................             500
                                   Transportation.
488510..........................  Freight Transportation                    5            15.6  Revenue..................................     $14,000,000
                                   Arrangement.
487210..........................  Scenic & Sightseeing                      2             6.3  Revenue..................................      $7,000,000
                                   Transportation, Water.
423310..........................  Lumber & Wood Merchant Whls               1             3.1  Number of employees......................             100
423860..........................  Transportation Equipment                  1             3.1  Number of employees......................             100
                                   and Supplies, Except Motor
                                   Vehicles.
424420..........................  Packaged Frozen Food                      1             3.1  Number of employees......................             100
                                   Merchant Wholesalers.
424910..........................  Farm Supplies Merchant Whls               1             3.1  Number of employees......................             100
424990..........................  Other Miscellaneous                       1             3.1  Number of employees......................             100
                                   Nondurable Goods Merchant
                                   Wholesalers.
441222..........................  Boat Dealers...............               1             3.1  Revenue..................................     $25,500,000
483113..........................  Coastal and Great Lakes                   1             3.1  Number of employees......................             500
                                   Freight Transportation.
484230..........................  Specialized Freight                       1             3.1  Revenue..................................     $14,000,000
                                   Tracking Long Distance.
488210..........................  Support Activities for Rail               1             3.1  Revenue..................................             500
                                   Transportation.
488320..........................  Marine Cargo Handling......               1             3.1  Revenue..................................     $25,500,000
493130..........................  Farm Product Warehousing &                1             3.1  Revenue..................................     $14,000,000
                                   Storage.
532411..........................  Commercial Air, Rail, and                 1             3.1  Revenue..................................     $32,500,000
                                   Water Transportation
                                   Equipment Rental and
                                   Leasing.
541618..........................  Other Management Consulting               1             3.1  Revenue..................................     $15,000,000
                                   Services.
                                                              ------------------------------------------------------------------------------------------
    Total.......................  ...........................              32            99.7  .........................................  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We selected the two industries that appeared most frequently in the
random sample of entities. Businesses from these two industries
accounted for 17 entities, or 53 percent of the entities in the random
sample. Therefore, we assume that approximately 53 percent of all
entities affected by this regulation will be in one of these
industries. A brief description of the two industries affected most by
this rule follows.
     Deep Water Freight Transportation (483111): This industry
comprises establishments primarily engaged in providing deep sea
transportation of cargo to or from foreign ports.
     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.
    e. A description of the projected reporting, recordkeeping, and
other compliance requirements of the rule, including an estimate of the
classes of small entities that 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 rule consist of upgrading
deficient CSMs and reporting lost or jettisoned cargo. Therefore, this
rule calls 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 are available in Section VIII.D of this preamble.
    As discussed in Section VIII.A, Regulatory Planning and Review,
from 2011 through 2013, the Coast Guard conducted 14,358 vessel
inspections and found problems relating to CSMs in only 9 instances,
which amounts to approximately 0.1 percent of the foreign-flagged
vessels whose CSMs were deficient. We anticipate that the owners or
operators of these vessels will upgrade their CSMs to meet standards
and comply with this rule. We do not have detailed descriptions on each
of the deficiency cases. To estimate a cost for this compliance action,
we apply the estimate of $7,625 to remedy a 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 Master or senior officer is $53.00 per
hour. The cost of reporting is $13.25 (0.25 hours x $53 per hour).
    As discussed in Section VIII.A, Regulatory Planning and Review, we
adjusted the affected population to account for anticipated growth in
container traffic. In our 10-year analysis, we estimate that the number
of vessels that will need to upgrade their CSMs will be 4 in Years 1
through 5, and will increase to 6 in Year 10. We also accounted for
this growth in container traffic in our estimate of lost or jettisoned
cargoes. In Section VIII.A, Cost Discussions, we estimate that in the
first year the rule becomes effective, 20 incidents of lost or
jettisoned cargo will occur. We estimate that the affected population
in that year consists of 6,436 U.S.- and foreign-flagged vessels,
yielding an incident rate of 0.3 percent (20 incidents/6,436 vessels).
To execute a revenue impact analysis, we posited that in any given
year, each business would have one vessel that will need to upgrade its
CSM and one vessel that will experienc 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 26.

                          Table 26--Annual Compliance Cost for Revenue Impact Analysis
----------------------------------------------------------------------------------------------------------------
                              Cost                                  Loaded wage        Hours        Total cost
----------------------------------------------------------------------------------------------------------------
Upgrading 1 CSM.................................................             N/A             N/A          $7,625
Reporting 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 27 presents the impact data in ranges
of less than 1 percent, 1 to 3 percent, 3 to 5 percent, and greater
than 5 percent. As shown in this table, for approximately 62 percent of
the companies, the revenue impact is less than 1 percent of annual
revenue, and for approximately 28 percent of the companies, the revenue
impact is between 1 percent and 3 percent.

         Table 27--Estimated Revenue Impact on Small Businesses
------------------------------------------------------------------------
                                                              Percentage
              Revenue impact class                  Count         of
                                                              companies
------------------------------------------------------------------------
Less than 1%....................................         20         62.5
1% to 3%........................................          9         28.1
3% to 5%........................................          1          3.1
Less than 5%....................................          2          6.3
                                                 -----------------------
  Total.........................................         32        100.0
------------------------------------------------------------------------

    As shown in Table 22, the highest cost to industry in any one year
on an undiscounted basis is $114,786, which occurs in Year 10.
    The revenue impact analysis indicates that 62 percent of the
affected population will have an impact of less than 1 percent and the
other 28 percent will have an impact between 1 percent and 3 percent.
    f. A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the interim rule. Also, include a description explaining why
each one of the other significant alternatives to the rule considered
by the agency which affect the impact on small entities was rejected.
Our cost estimate for the reporting of the lost or jettisoned cargo was
based on information indicating that the vessel's crew already collects
the needed information for business reasons. The only additional step
required by this interim rule is to prepare the message to the Coast
Guard, and that message can be delivered by a variety of electronic
media. Thus, this interim rule minimizes the burden to a vessel's crew
in order to provide additional information to the Coast Guard to
enhance its execution of its maritime environmental protection mission.
    For CSMs, this interim rule is based solely on current requirements
contained in SOLAS and current Coast Guard guidance. Our regulatory
analysis indicates that 99 percent of the subject vessels currently
comply with these requirements. This rule enhances the Coast Guard's
maritime safety mission without adding any new requirements to vessel
owners and operators.
    Alternatives were considered in this interim rule and are discussed
in section VIII.A, Cost Discussions, 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 interim rule is exclusively on vessels in
international trade.
    g. For a covered agency, as defined in section 609(d)(2), a
description of the steps the agency has taken to minimize any
additional cost of credit for small entities. The Coast Guard is not a
covered agency.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 calls 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 CSMs. 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 will align the CFR with SOLAS.
    TITLE: Cargo Securing Manuals.
    OMB CONTROL NUMBER: 1625-0122.
    SUMMARY OF COLLECTION OF INFORMATION: The rule will 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 will 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, the CSM must be revised.
    Additionally, this interim rule will 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 rule specifically allows for
electronic communications, and we anticipate this will continue to be
how the notifications are transmitted.
    Need for Information: Vessel owners or 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 will review these CSMs and,
if they are found to be acceptable, approve them. The Coast Guard will
use the information from the notification of hazardous conditions to
inform other vessel operators or waterway users of the situation and
initiate any needed measures to reduce or eliminate the hazard. These
actions will lead to a reduction of vessel casualties and pollution.
    Description of Respondents: There are three groups of respondents
impacted by this interim rule:
     Owners or operators of U.S.-flagged vessels that will need
to submit new or revised CSMs to the recognized classification
societies.
     Recognized classification societies and other approved
third-party organizations that will review the CSMs on behalf of the
Coast Guard.
     The operators of vessels that will be required to report
hazardous conditions.
    Number of Respondents: We estimate that there will be 276
respondents affected annually by the CSM requirements. The total is
divided into these three classes: (1) 83 for new CSMs; (2) 9 for
revisions to existing CSMs; and (3) 184 notifications of hazardous
conditions, which include lost or jettisoned cargo and other incidents.
Table 28 describes the calculations for developing the estimates of
each requirement relating to the CSM plans.

                                  Table 28--Estimates of Number of Respondents
----------------------------------------------------------------------------------------------------------------
               Class                     Requirement            Description            Count           Total
----------------------------------------------------------------------------------------------------------------
CSM...............................  Develop CSM, new       83 in Year 1.........              83  ..............
                                     vessel.
                                    Revise CSM, change in  MISLE data shows none               0  ..............
                                     vessel type.           of the affected
                                                            vessels have changed
                                                            vessel type from
                                                            2001-2012.
                                    Revise CSM, replace    Annual rate of 11.3%                9  ..............
                                     CSM systems or         from information
                                     equipment.             supplied by an
                                                            approved
                                                            organization.
                                                            Applied to U.S.
                                                            population (see
                                                            Table 3), (83 x
                                                            11.3%).
                                                                                -------------------------------
    CSM Total.....................  .....................  .....................  ..............              92
Notifications.....................  Notifications of       From MISLE, average               180  ..............
                                     hazardous condition.   of 2009-2011
                                                            notifications.
                                    Notifications of lost  U.S. notifications,                 4  ..............
                                     or jettisoned cargo.   Table 8, year 10.
                                                                                -------------------------------
    Notifications Total...........  .....................  .....................  ..............             184
                                                                                -------------------------------
        Grand Total...............  .....................  .....................  ..............             276
----------------------------------------------------------------------------------------------------------------

    Frequency of Response: A CSM is valid indefinitely, provided 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 29.

                Table 29--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
 securing systems or equipment.                      the existing CSM.
Notification of hazardous                     0.25  0.25 hours for
 condition.                                          vessel crew to
                                                     prepare and
                                                     transmit the
                                                     notice.
Notification of lost of jettisoned            0.25  0.25 hours for
 cargo.                                              vessel crew to
                                                     prepare and
                                                     transmit the
                                                     notice.
------------------------------------------------------------------------

    Estimated Total Annual Burden: We estimate that the total annual
burden to industry will be 4,210 hours. Table 30 displays the total
burden hours for each request:

                   Table 30--Total Annual Burden Hours
------------------------------------------------------------------------
                         Requirement                             Hours
------------------------------------------------------------------------
Develop new CSM..............................................      3,984
Revise CSM, change in vessel type............................          0
Revise CSM, change in cargo securing systems or equipment....        180
Notification of hazardous condition..........................         45
Notification of lost or jettisoned cargo.....................          1
                                                              ----------
  Total......................................................      4,210
------------------------------------------------------------------------
Note: Total does not exactly sum due to independent rounding.

    Reason For Change: This interim rule will 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.
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that we consider the impact of paperwork and other information
collection burdens imposed on the public. According to the 1995
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid OMB control number.
    This interim rule will impose new information collection
requirements. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507(d)), we will submit these new information collection
requirements to OMB for its review. Notice of OMB information
collection will be published in a future Federal Register notice.

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 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.) \36\
---------------------------------------------------------------------------

    \36\ 529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).
---------------------------------------------------------------------------

    This rule on cargo securing falls into the category of vessel
operation. Because the States may not regulate within this category,
the rule is consistent with the principles of federalism and preemption
requirements in E.O. 13132.
    Additionally, 33 CFR 160.215 is promulgated under the authority of
the Ports and Waterways Safety Act, Title I, and therefore, under the
principles of Locke, preempts any conflicting or similar State
regulations.\37\ The Locke court also held that Congress preempted the
field of marine casualty reporting. The Coast Guard does not believe
that this proposed amendment to an existing reporting requirement would
be preemptive of any existing State or local regulations or
requirements. However, any prospective State requirement for
information reporting that conflicts with or is similar to the one
proposed in this interim rule would be inconsistent with the federalism
principles enunciated in Locke and therefore would be preempted.
---------------------------------------------------------------------------

    \37\ See our statement to this effect, 68 FR 9537 at 9543 (Feb.
28, 2003).
---------------------------------------------------------------------------

    The Coast Guard recognizes the key role that State and local
governments may have in making regulatory determinations. Additionally,
for rules with federalism implications and preemptive effect, E.O.
13132 specifically directs agencies to consult with State and local
governments during the rulemaking process. If you believe this interim
rule has implications for federalism under E.O. 13132, please contact
the person listed in the FOR FURTHER INFORMATION CONTACT section of
this preamble.

F. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4, 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 rule will not result in such an expenditure, we do discuss
the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

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

J. Indian Tribal Governments

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it

will 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 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 rule uses technical standards other than voluntary consensus
standards. It incorporates two circulars and one resolution adopted by
arms of the International Maritime Organization, an international
organization under United Nations auspices, of which the United States
is a member state. The two circulars describe in detail how a vessel's
owner or operator may comply with CSM requirements contained in the
International Convention for the Safety of Life at Sea. The resolution
provides guidelines for third parties acting on behalf of a government
agency like the Coast Guard.
    All three documents may be obtained from the IMO using the address
given in the regulatory text for new 33 CFR 97.110.

M. Environment

    We have analyzed this 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 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraph (34)(d) and under section 6(a) of the ``Appendix to National
Environmental Policy Act: Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency Policy'' (67 FR 48244, July 23,
2002). This rule involves regulations which concern documentation and
equipping of vessels, as well as regulations concerning vessel
operation safety standards. An environmental analysis checklist and a
categorical exclusion are available in the docket where indicated under
ADDRESSES.

List of Subjects

33 CFR Part 97

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

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Personally
identifiable information, Reporting and recordkeeping requirements,
Seamen, 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 amends
33 CFR chapter I and 46 CFR part 97 as follows:

Title 33--Navigation and Navigable Waters

0
1. Add part 97 to subchapter F to read as follows:

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.
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.
97.315 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 subpart applies to--
    (1) A self-propelled cargo 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), that does not solely carry liquid or solid
cargoes in bulk, and that is either a U.S.-flagged self-propelled cargo
vessel, or a foreign-flagged self-propelled cargo vessel that is
operating in waters subject to the jurisdiction of the United States;
    (2) A U.S.-flagged self-propelled cargo vessel that chooses to have
this subpart applied to it by submitting a cargo securing manual for
approval in accordance with Sec.  97.200(a)(3);
    (3) A foreign-flagged self-propelled cargo vessel of 500 gross tons
or more on an international voyage from a country that is not a
signatory to SOLAS, that would otherwise be required to comply with
Chapter VI/5.6 or Chapter VII/5 of SOLAS, that does not solely carry
liquid or solid cargoes in bulk, and that 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 subpart 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

subpart may be provided or submitted in electronic form or in printed
form.

Sec.  97.105  Definitions.

    As used in this subpart--
    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 subpart and 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 subpart, 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 Commandant
(CG-OES), 2703 Martin Luther King, Jr. Avenue SE., Stop 7509,
Washington, DC 20593-7509 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 subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection by contacting Mr. Ken Smith of the Coast Guard's Vessel and
Facility Operating Standards Division, Commandant (CG-OES-2); telephone
202-372-1413, email<EMAIL_ADDRESS>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) MSC.1/Circ.1352, Amendments to the Code of Safe Practice for
Cargo Stowage and Securing (CSS Code), June 30, 2010 (Maritime Safety
Committee Circular), IBR approved for Sec.  97.120(b).
    (2) MSC.1/Circ. 1353/Rev.1, Revised Guidelines for the Preparation
of the Cargo Securing Manual, December 15, 2014 (Maritime Safety
Committee Circular), IBR approved for Sec.  97.120(a).
    (3) Resolution A.739(18) (Res.A.739(18)), Guidelines for the
Authorization of Organizations Acting on Behalf of the Administration,
November 22, 1993 (Assembly Resolution), IBR approved for Sec.
97.310(a).

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) 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 (c) of this
section, the vessel must also report it as soon as possible in
accordance with 49 CFR 176.48.
    (b) 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.
    (c) 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) Any vessel to which this subpart 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 MSC.1/Circ. 1353/Rev.1, (incorporated by reference, see 33 CFR
97.110).
    (b) 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 MSC.1/Circ.1352, Annex 14, Guidance on Providing Safe
Working Conditions for Securing of Containers on Deck (incorporated by
reference, see 33 CFR 97.110).
    (c) While operating in waters under the jurisdiction of the United
States, the Coast Guard may board any vessel to which this subpart
applies to determine that the vessel has the document(s) required by
paragraph (a) of this section on board. Any foreign-flagged vessel
found not to be in compliance with paragraph (a) of this section may be
detained by order of the Captain of the Port 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) Owners of U.S.-flagged vessels on international voyages must
have Cargo Securing Manuals (CSMs) approved in accordance with this
part.
    (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 CSM approval authority applications and
providing 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 subpart 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/Rev.1) 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, on board 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 of the following events occurs:
    (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 CSM 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 submitter with a final written
ruling on the request, with a copy to the Commandant.
    (b) A submitter 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 submitter 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 submitter 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.

    The following organizations are authorized to act on behalf of the
United States for the review and approval of CSMs:
    (a) 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 ``Summary of
Authorizations'' link.
    (b) The National Cargo Bureau, Inc., 17 Battery Place, Suite 1232,
New York, NY 10004-1110,<PHONE_NUMBER>, http://www.natcargo.org.

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); and
    (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 United States 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 Res.A.739(18), (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. 1225 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 on board 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
3. 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
4. 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: April 28, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-10725 Filed 5-6-16; 8:45 am]
BILLING CODE 9110-04-P