that the Commandant finds substantially affects the gross tonnage.
    (v) A non-self-propelled U.S. flag vessel (except a non-self-
propelled vessel that engages on a foreign voyage) unless the vessel
owner requests the application.
    (b) Standard Regulatory Measurement System (subpart C). This system
applies to a vessel not measured under the Convention Measurement
System for which the application of an international agreement or other
law of the United States to the vessel depends on the vessel's tonnage.
Upon request of the vessel owner, this system also applies to a U.S.
flag vessel that is also measured under the Convention Measurement
System.
    (c) Dual Regulatory Measurement System (subpart D). This system may
be applied, at the vessel owner's option, instead of the Standard
Regulatory Measurement System.
    (d) Simplified Regulatory Measurement System (subpart E). This
system may be applied, at the vessel owner's option, instead of the
Standard Regulatory Measurement System to the following vessels:
    (1) A vessel that is under 79 feet in overall length.
    (2) A vessel of any length that is non-self-propelled and does not
engage on foreign voyages.
    (3) A vessel of any length that is operated only for pleasure and
operated only on the Great Lakes.
0
8. Revise Sec.  69.13 to read as follows:

Sec.  69.13  Applying provisions of a measurement system.

    (a) Except as noted under paragraph (c) of this section, all
provisions of a measurement system as prescribed in this part that are
applicable to the vessel, along with associated interpretations of the
Coast Guard, must be observed. These Coast Guard interpretations are
published by, and may be obtained from, Commanding Officer, Marine
Safety Center (MSC-4).
    (b) The provisions of more than one measurement system must not be
applied interchangeably or combined, except where specifically
authorized under this part.
    (c) Unless otherwise provided for by law, the tonnage measurement
rules and procedures that immediately predate the rules and procedures
prescribed in this part may be applied, at the option of the vessel
owner, to the following vessels:
    (1) A vessel which has not been measured and which was contracted
for on or before (effective date of this rule).
    (2) A vessel which has been measured, but which has undergone
modifications contracted for on or before (effective date of this
rule).
0
9. Amend Sec.  69.15 as follows:
0
a. Revise paragraphs (a), (b), (c), and (e) to read as set forth below;
and
0
b. In paragraph (d), remove the words ``to determine its tonnage'' and
add, in their place, the words ``under this part''.

Sec.  69.15  Authorized measurement organizations.

    (a) Except as noted under paragraphs (c) and (d) of this section,
measurement or remeasurement of all vessels under subparts B, C, or D
of this part must be performed by an authorized measurement
organization meeting the requirements of Sec.  69.27 of this subpart. A
current listing of authorized measurement organizations may be obtained
from the Commanding Officer, Marine Safety Center (MSC-4).
    (b) Measurement or remeasurement of all vessels under subpart E of
this part must be performed by the Coast Guard.
    (c) Measurement or remeasurement of all U.S. Coast Guard vessels
and all U.S. Navy vessels of war must be performed by the Coast Guard.
* * * * *
    (e) The appropriate tonnage certificate, as provided for under this
part, is issued by the authorized measurement organization as evidence
of the vessel's measurement under this part.
0
10. Amend Sec.  69.17 as follows:
0
a. Revise paragraph (a) to read as set out below; and
0
b. In paragraph (c), remove the words ``engine and boilers'' and add,
in their place, the word ``engines''.

Sec.  69.17  Application for measurement services.

    (a) The vessel owner is responsible for having the vessel measured
or remeasured under this part. Applications for measurement services
are available from and, once completed, are submitted to the authorized
measurement organization that will perform the measurement services.
The

contents of the application are described in this part under the
requirements for each system.
* * * * *
0
11. Revise paragraphs (a), (b), and (c) of Sec.  69.19 to read as
follows:

Sec.  69.19  Remeasurement.

    (a) If a vessel that is already measured is to undergo a structural
alteration, a change to its service, or if the use of its space is to
be changed, a remeasurement may be required. Vessel owners shall report
immediately to an authorized measurement organization any intent to
structurally alter the vessel or to change its service or the use of
its space. The organization advises the owner if remeasurement is
necessary. Remeasurement is initiated by completing and submitting,
where applicable, the appropriate application for measurement services.
Spaces not affected by the alteration or change need not be remeasured.
    (b) Remeasurement must also be performed as follows:
    (1) When there is a perceived error in the application of this
part, the vessel owner should contact the responsible measurement
organization. Remeasurement is performed to the extent necessary to
verify and correct the error.
    (2) At the vessel owner's option, to reflect the latest tonnage
measurement rules and associated interpretations under this part.
    (c) If a remeasurement or adjustment of tonnage is required, the
organization will issue a new tonnage certificate.
* * * * *
0
12. Add Sec.  69.20 to read as follows:

Sec.  69.20  Applying tonnage thresholds.

    (a) General. Tonnage thresholds are applied using the vessel's
tonnage assigned under this part, and as provided for by paragraphs (b)
through (d) of this section. In general, and except as under paragraphs
(b) and (c) of this section, tonnage thresholds expressed in terms of
``gross tonnage,'' ``gross tonnage ITC,'' or ``GT ITC'' are applied
using Convention Measurement System tonnage (if assigned) and
thresholds expressed in terms of ``gross tons,'' ``registered gross
tons,'' or ``GRT'' are applied using the Regulatory Measurement System
tonnage (if assigned). Similarly, in general, and except as under
paragraphs (b) and (c) of this section, tonnage thresholds expressed in
terms of ``net tonnage,'' ``net tonnage ITC,'' or ``NT ITC'' are
applied using Convention Measurement System tonnage (if assigned) and
thresholds expressed in terms of ``net tons,'' ``registered net tons,''
or ``NRT'' are applied using the Regulatory Measurement System tonnage
(if assigned).
    (b) International Conventions. Unless otherwise provided for by
law, apply tonnage thresholds in international conventions as follows:
    (1) For vessels measured under the Convention Measurement System,
apply all tonnage thresholds using Convention Measurement System
tonnage, except as provided for under the following international
tonnage grandfathering provisions, which may be applied at the option
of the vessel owner:
    (i) Article 3(2)(d) of the Convention.
    (A) For a U.S. flag vessel, this Article allows associated tonnage
thresholds in effect on or before July 18, 1994 to be applied, at the
vessel owner's option, using Regulatory Measurement System tonnage, to
a vessel whose keel was laid on or before July 18, 1982, and which did
not subsequently undergo alterations resulting in a change in its
tonnage of a magnitude deemed by the Commandant to constitute a
substantial variation in its tonnage.
    (B) For a foreign flag vessel, this Article allows associated
tonnage thresholds in effect on or before July 18, 1994, to be applied,
at the vessel owner's option, using the foreign country's national
measurement system tonnage to a vessel whose keel was laid on or before
July 18, 1982, and which did not subsequently undergo alterations
resulting in a change in its tonnage of a magnitude deemed by that
country to constitute a substantial variation in its tonnage.
    (ii) International Maritime Organization (IMO) Resolutions A.494
(XII) of November 19, 1981 and A.541 (XIII) of November 17, 1983.
    (A) For a U.S. flag vessel, these resolutions allow tonnage
thresholds in effect on July 18, 1994 to be applied using the gross
register tonnage (Regulatory Measurement System), to a vessel whose
keel was laid on or after July 18, 1982 but before July 19, 1994, and
which did not subsequently undergo alterations resulting in a change
substantially affecting its tonnage as deemed by the Commandant.
    (B) For a foreign flag vessel, these resolutions allow tonnage
thresholds in effect on July 18, 1994 to be applied, at the vessel
owner's option, using the foreign country's national measurement system
tonnage, to a vessel whose keel was laid on or after July 18, 1982, but
on or before July 18, 1994, and which did not undergo alterations after
July 18, 1994 of a magnitude deemed by that country to constitute a
substantial variation in its tonnage subject to the provisions of these
resolutions.
    (iii) Any other international grandfathering provisions as
authorized under appropriate International Maritime Organization
instruments to which the United States is a party, or which are
otherwise recognized or accepted by the United States.
    (2) For all other vessels, apply all tonnage thresholds using
Regulatory Measurement System tonnage.
    (c) Federal Statutes and Regulations. Unless otherwise provided for
by law, apply tonnage thresholds in Federal statutes and regulations as
follows:
    (1) For vessels measured under the Convention Measurement System
only, apply all thresholds using Convention Measurement System tonnage.
    (2) For vessels measured under the Regulatory Measurement System
only, apply all thresholds using Regulatory Measurement System tonnage.
    (3) For all other vessels, apply thresholds in effect before July
19, 1994 using the vessel's Regulatory Measurement System tonnage, and
all other thresholds using the vessel's Convention Measurement System
tonnage.
    (d) Alternate Tonnage.
    (1) Alternate tonnage is a regulatory framework established by
Public Law 104-324, which authorizes the Coast Guard to establish
tonnage thresholds based on the Convention Measurement System as an
alternative to tonnage thresholds based on the Regulatory Measurement
System. Although Public Law 104-324 addresses only thresholds in
Federal statutes, it does not preclude establishing alternate tonnage
thresholds for Federal regulations that currently specify thresholds
that were based on the Regulatory Measurement System, where
appropriate.
    (2) A vessel regulated to an alternate tonnage threshold
established under this part must not be measured under the Regulatory
Measurement System.

Sec.  69.25  [Amended]

0
13. Amend Sec.  69.25 as follows:
0
a. In paragraph (a), after the words ``General violation. The'', add
the word ``vessel''; and
0
b. In paragraphs (a) and (b), remove the figure ``$20,000'', and add,
in its place, the figure ``$30,000''.
0
14. Amend Sec.  69.27 as follows:
0
a. Revise paragraphs (a), (b) introductory text, (b)(4), and (b)(5) to
read as follows; and
0
b. In paragraphs (c)(3) and (c)(4), remove the words ``Convention,
Standard, and Dual Measurement Systems'' and add, in their place, the
words ``subparts B, C, or D of this part''.

Sec.  69.27  Delegation of authority to measure vessels.

    (a) Under 46 U.S.C. 14103, the Coast Guard is authorized to
delegate to a ``qualified person'' the authority to measure and certify
U.S. flag vessels under this part.
    (b) Authority to measure and certify U.S. flag vessels under the
Convention Measurement System and Standard and Dual Regulatory
Measurement Systems may be delegated to an organization that:
* * * * *
    (4) Is capable of providing all measurement services under subparts
B, C, or D of this part for vessels domestically and internationally;
    (5) Maintains a tonnage measurement staff that has practical
experience in measuring U.S. flag vessels under subparts B, C, or D of
this part; and
* * * * *
0
15. Add Sec.  69.28 to read as follows:

Sec.  69.28  Acceptance of measurement by a foreign country.

    (a) The Commandant must accept the measurement of a foreign flag
vessel by a foreign country as complying with subpart B of this part
if--
    (1) The vessel was measured under the terms of the Convention and
the foreign country is party to the Convention; or
    (2) The Commandant finds that the laws and regulations of that
country related to measurement are similar to those of subpart B of
this part.
    (b) The Commandant may accept the measurement of a foreign flag
vessel by a foreign country as complying with subpart C, D, or E of
this part if the Commandant finds that the laws and regulations of that
country related to measurement are substantially similar to those of
subpart C, D, or E, respectively, of this part.

Subpart B--Convention Measurement System

0
16. Amend Sec.  69.53 by removing the definitions of ``Gross tonnage''
and ``Net tonnage'' and by adding the definition of ``Boundary
bulkhead'' to read as follows:

Sec.  69.53  Definitions.

* * * * *
    Boundary bulkhead means the bulkhead or partition that separates an
enclosed interior space from the surrounding weather. In general, the
exterior bulkhead of a deck structure is the boundary bulkhead.
* * * * *

Sec.  69.55  [Amended]

0
17. Amend Sec.  69.55 paragraph (d) by removing the words ``and year''
and by adding, after the word ``built'', the words ``and delivery date
(or scheduled delivery date)''.

Sec.  69.57  [Amended]

0
18. Amend Sec.  69.57 as follows:
0
a. In the section heading, add the word ``ITC'' after the words ``Gross
tonnage''; and
0
b. After the words ``Gross tonnage'' and the text ``GT'', wherever they
appear, add the word ``ITC''.

Sec.  69.59  [Amended]

0
19. In Sec.  69.59, at the end of the section, add a sentence to read
as follows:

Sec.  69.59  Enclosed spaces.

    * * * Portable enclosed spaces, regardless of method of attachment
to the vessel, are treated as enclosed spaces as defined in this
section.
0
20. Amend Sec.  69.61 as follows:
0
a. Revise paragraph (a) to read as set out below; and
0
b. In paragraph (g), remove the words ``paragraphs (b) through (f)''
and add, in their place, the words ``paragraphs (a) through (f)''.

Sec.  69.61  Excluded spaces.

    (a) Excluded space means an enclosed space which is excluded from
the total volume of all enclosed spaces (V) in calculating gross
tonnage ITC. Spaces that are below the upper deck and open to the sea,
as well as those spaces listed in paragraphs (b) through (f) of this
section, are excluded spaces, except as under paragraph (g) of this
section.
* * * * *

Sec.  69.63  [Amended]

0
21. Amend Sec.  69.63 as follows:
0
a. In the section heading, add the word ``ITC'' after the words ``Net
tonnage''; and
0
b. After the words ``net tonnage'', ``gross tonnage'', ``GT'', and
``NT'', wherever they appear, add the word ``ITC''.
0
22. Revise Sec.  69.65 to read as follows:

Sec.  69.65  Calculation of volumes.

    (a) Volumes V and Vc used in calculating gross tonnage
ITC and net tonnage ITC, respectively, must be measured and calculated
according to accepted naval architectural practices for the spaces
concerned.
    (b) Measurements must be taken, regardless of the fitting of
insulation or the like, to the inner side of the shell or structural
boundary plating in vessels constructed of metal, and to the outer
surface of the shell or to the inner side of structural boundary
surfaces in all other vessels.
0
23. Revise Sec.  69.69 to read as follows:

Sec.  69.69  Tonnage certificates.

    (a) On request of the vessel owner, the authorized measurement
organization must issue an International Tonnage Certificate (1969) as
evidence of the vessel's measurement under this subpart for a vessel
that is 24 meters (79.0 feet) or more in registered length, will engage
on a foreign voyage, and is not a vessel of war. The Certificate is
delivered to the vessel owner or master and must be maintained on board
the vessel when it is engaged on a foreign voyage. For a vessel for
which a remeasurement under Sec.  69.71 of this subpart resulted in a
net tonnage ITC decrease due to changes other than alterations or
modifications to the vessel deemed by the Commandant to be of a major
character, an International Tonnage Certificate (1969) reflecting the
decreased net tonnage ITC will not be reissued until 12 months have
elapsed from the date of measurement indicated on the current
certificate.
    (b) If an International Tonnage Certificate (1969) is not issued
for a vessel measured under this part, the measurement organization
must issue a U.S. Tonnage Certificate as evidence of the vessel's
measurement under this subpart, which must also indicate the vessel's
measurement under any other subpart of this part. There is no
requirement to maintain the U.S. Tonnage Certificate on board the
vessel.
    (c) For a vessel that transfers flag to a foreign country that is
party to the Convention, the International Tonnage Certificate (1969)
remains valid for a period not to exceed 3 months after the flag
transfer, or until an International Tonnage Certificate (1969) is
issued under authority of the foreign country to replace it, whichever
is earlier.

Sec.  69.71  [Amended]

0
24. In Sec.  69.71(c)(2), remove the word ``Coast Guard'', and in its
place add the word ``Commandant''.
0
25. In Sec.  69.73, revise the section heading and paragraph (b) to
read as follows:

Sec.  69.73  Treatment of novel type vessels.

* * * * *
    (b) Requests for a determination must be submitted to the
Commandant, explaining the reasons for seeking a determination, and
including a description of the spaces in question, if applicable.
0
26. In Sec.  69.75, revise Figures 1-11 to read as follows:
BILLING CODE 9110-04-P

Sec.  69.75  Figures.
[GRAPHIC] [TIFF OMITTED] TP08AP14.000

[GRAPHIC] [TIFF OMITTED] TP08AP14.001

BILLING CODE 9110-04-C

Subpart C--Standard Regulatory Measurement System

0
27. Revise the heading for Subpart C to read as shown above.

Sec.  69.101  [Amended]

0
28. In Sec.  69.101, after the word ``Standard'', add the word
``Regulatory''.
0
29. Amend Sec.  69.103 as follows:
0
a. In the definition of ``Gross tonnage'', after the word ``Gross'',
add the word ``register'';
0
b. Add, in alphabetical order, the definitions of ``Line of the normal
frames'', ``Line of the ordinary frames'', ``Normal frame'', ``Ordinary
frame'', ``Tonnage interval'', ``Tonnage station'', ``Water ballast
double bottom'', and ``Zone of influence method'' to read as set forth
below;

0
c. In the definition of ``Net tonnage'', after the word ``Net'', add
the word ``register''; and
0
d. Revise the definitions of ``Superstructure'' and ``Uppermost
complete deck'' to read as set forth below.

Sec.  69.103  Definitions.

* * * * *
    Line of the normal frames means the imaginary horizontal line that
connects the inboard faces of the smallest normal frames.
    Line of the ordinary frames means the line of intersection of the
imaginary surface or surfaces tangent to the inboard faces of the
ordinary frames (or the inside of the vessel's skin, if there are no
ordinary frames), and the imaginary plane running transversely through
the vessel at the tonnage station of interest.
* * * * *
    Normal frame means a frame, regardless of size, used to stiffen a
structure.
    Ordinary frame means a primary side or bottom frame or floor used
for strengthening the hull.
* * * * *
    Superstructure means all permanently closed-in structures,
including all portable enclosed spaces, on or above the line of the
uppermost complete deck or, if the vessel has a shelter deck, on or
above the line of the shelter deck. Examples of superstructure spaces
include forecastles, bridges, poops, deckhouses, breaks, portable
tanks, and modular quarters units.
* * * * *
    Tonnage interval means the longitudinal distance between transverse
sections of a vessel's under-deck, between-deck, or superstructure when
divided into an even number of equal parts for purposes of volume
integration.
* * * * *
    Tonnage station means the longitudinal location of each transverse
section where breadth and depth measurements are taken when calculating
under-deck volumes under this subpart. Tonnage stations are numbered
consecutively from fore to aft, beginning with the number one.
    Uppermost complete deck is defined in Sec.  69.108 of this subpart.
    Water ballast double bottom means a space at the bottom of a vessel
between the inner and outer bottom plating, used solely for water
ballast.
    Zone of influence method means a Simpson's first rule integration
method for determining volumes of under-deck spaces that limits the
sectional areas associated with these spaces to the sectional areas at
adjacent under-deck tonnage stations, depending on their proximity to
those stations. For stations for which the under-deck sectional areas
are multiplied by four, the zone of influence extends two-thirds of a
tonnage interval on either side of the under-deck station, and for the
remaining stations, the zone of influence extends one-third of a
tonnage interval on either side of the station.

Sec.  69.105  [Amended]

0
30. Amend Sec.  69.105 paragraph (d) by removing the words ``and
year'', and, after the word ``built'', adding the words ``and delivery
date (or scheduled delivery date)''.
0
31. Amend Sec.  69.107 as follows:
0
a. Revise the section heading, paragraph (a) introductory text, and
paragraph (b) to read as set forth below; and
0
b. Add paragraph (c).

Sec.  69.107  Gross and net register tonnage.

    (a) The vessel's gross register tonnage is the sum of the following
tonnages, less the tonnages of certain spaces exempt under Sec.
69.117:
* * * * *
    (b) The vessel's net register tonnage is the gross register tonnage
less deductions under Sec. Sec.  69.119 and 69.121.
    (c) The authorized measurement organization must issue a U.S.
Tonnage Certificate as evidence of a vessel's measurement under this
subpart, which must also indicate the vessel's measurement under
subpart B of this part, if applicable. There is no requirement to
maintain the U.S. Tonnage Certificate on board the vessel.
0
32. Add Sec.  69.108 to read as follows:

Sec.  69.108  Uppermost complete deck.

    (a) Defined. ``Uppermost complete deck'' means the uppermost deck
which extends from stem to stern and from side to side at all points of
its length and is bound by the vessel's hull.
    (b) Restrictions. The uppermost complete deck must not--
    (1) Extend above any space exempted as open space under paragraph
(d) of Sec.  69.117;
    (2) Extend below the design waterline, except in the case of
vessels such as submersibles, where the entire uppermost complete deck
is submerged during normal operations; or
    (3) Rest directly on consecutive or alternating ordinary bottom
frames or floors for a distance of over one-half of the tonnage length.
    (c) Deck discontinuities. Decking athwartships of the following
deck discontinuities is not considered to be part of the uppermost
complete deck:
    (1) Through-deck openings that are not protected from the sea and
the weather, such as would be provided by hatch covers or a surrounding
superstructure that encloses the opening and whose area is more than 10
percent of the total deck area from stem to stern as viewed from above.
    (2) Middle line openings conforming to the requirements of Sec.
69.117(e)(2).
    (3) Deck recesses that are not through-hull for which the depth of
the deck recess at its deepest point is more than 5 feet below adjacent
portions of the deck, and whose area (as viewed from above) is more
than 10 percent of the total deck area from stem to stern, as viewed
from above.
    (4) Notches bound by a deck below that wrap around from the ends to
the sides of the vessel for which the depth at the deepest point is
more than 5 feet below adjacent portions of the deck, the area is more
than 1 percent of the total deck area from stem to stern as viewed from
above, the length of the notch in the direction of the vessel's
longitudinal axis exceeds 10 feet at any point across its width, and
the width of the notch in the direction of the vessel's longitudinal
axis exceeds 2 feet at any point along its length.
0
33. Amend Sec.  69.109 as follows:
0
a. In paragraph (c) after the words ``two or less'', ``more than two'',
and ``is the second'', add the word ``enumerated'';
0
b. Revise paragraphs (d), (e)(2), (f)(2), (n), and (o)(1) to read as
set forth below;
0
c. Add paragraphs (f)(4) and (p) to read as set forth below;
0
d. In paragraph (f)(1), after the words ``inboard face of the'', add
the word ``ordinary'';
0
e. In paragraph (g)(2), after the words ``division of the tonnage
length'' add the words ``, whose location is referred to as a tonnage
station, and assigned sequential tonnage station numbers, beginning at
the stem'';
0
f. In paragraph (h)(1) remove the word ``cellular'' and add, in its
place, the words ``water ballast'', and in paragraphs (h)(2) and
(h)(3), after the words ``tank top of a'', add the words ``water
ballast'';
0
g. In paragraph (i)(3), after the words ``Where there is no'', add the
words ``water ballast'';
0
h. In paragraph (i)(4) remove the word ``certerline'' and add, in its
place, the word ``centerline''; and
0
i. In paragraph (m), after the words ``six inches in height in its'',
add the words ``water ballast''.

Sec.  69.109  Under-deck tonnage.

* * * * *
    (d) Enumerating the decks to identify the second deck from the
keel. The

uppermost complete deck is an enumerated deck. Decks below the
uppermost complete deck that extend from stem to stern and side to side
at all points along their lengths are also enumerated, provided they
are not disqualified by either of the following deck discontinuities:
    (1) A through-deck opening that is not fitted with a cover (or
equivalent) and whose area is more than 10 percent of the total deck
area, as viewed from above.
    (2) A deck recess that is not through-hull for which the depth at
its deepest point is more than 5 feet below adjacent portions of the
deck and whose area as viewed from above is more than 10 percent of the
total deck area from stem to stern, as viewed from above.
    (e) * * *
    (2) If the tonnage deck is stepped, the line of the tonnage deck is
the longitudinal line of the underside of the lowest portion of that
deck parallel with the upper portions of that deck. Steps that do not
extend from side to side or are less than 3 feet in length are ignored
when establishing the line of the tonnage deck. (See Sec.  69.123,
figures 1 and 2.) Spaces between the line of the tonnage deck and the
higher portions of that deck are not included in under-deck tonnage.
    (f) * * *
    (2) For a vessel having a headblock or square end with framing
which extends from the tonnage deck to the bottom of the vessel, the
tonnage length terminates on the inboard face of the headblock or
ordinary end frames. (See Sec.  69.123, figure 4.)
* * * * *
    (4) The forward and after termini of the tonnage length must be a
distance of no more than 8\1/2\ feet from the associated inboard
surface of the skin of the hull at the bow and stern as measured at the
centerline of the vessel, and the after terminus must not be forward of
the centerline of the rudderstock.
* * * * *
    (n) Spaces open to the sea. In calculating the tonnage of spaces
below the uppermost complete deck, subtract from each breadth
measurement the portion of that measurement that spans a space, or a
portion thereof, that is open to the sea.
    (o) * * *
    (1) An open vessel is a vessel without an uppermost complete deck.
* * * * *
    (p) General requirements on ordinary frames.
    (1) Construction. An ordinary frame must not be penetrated by an
intersecting frame used to strengthen the vessel's hull, except in a
vessel of wooden construction. Ordinary frames must be of the same
material, or have the same material properties, as the adjacent hull,
and attach to the adjacent hull to at least the same extent as adjacent
ordinary and normal frames. If comprised of different elements, the
elements must be joined to each other to the same extent that the frame
is joined to the hull. The frame, or portions thereof, not meeting
these requirements must be treated as if not there when establishing
the line of the ordinary frames.
    (2) Frame spacing and extension. Ordinary frames used to establish
the line of the ordinary frames must be spaced on centers that are a
maximum of 4 feet apart. These frames must extend for a length of at
least one tonnage interval that begins at, ends at, or crosses the
associated tonnage station. For a longitudinally-framed vessel, the
frames must begin and end at a transverse ordinary frame or at the
vessel's hull.
    (3) Different sized framing. When an ordinary frame has a different
depth of frame than an adjacent ordinary frame, the line of ordinary
frames is established using the set of alternating frames that yields
the smallest sectional area at the associated tonnage station, with the
sectional area based on the frame with the smallest depth of frame in
the chosen alternating set.
    (4) Frame openings. If an opening in an ordinary frame exceeds an
area of 255 square inches (345 square inches in a fuel tank), or is
penetrated by a frame other than an ordinary frame, the line of the
ordinary frames is established as if the frame material above and
inboard of the opening is not there. Similarly, frame material
separating adjacent openings that are within the longest linear
dimension of either opening must be treated as if not there when
establishing the line of the ordinary frames.
    (5) Asymmetrical framing. Where ordinary frames are configured such
that the line of the ordinary frames would be asymmetrical about the
centerline of the vessel, breadth measurements are determined by taking
half-breadths on the side of the vessel that yields the greatest
sectional area at the associated tonnage station, and multiplying those
half-breadths by a factor of two to yield the full breadths.
0
34. Amend Sec.  69.111 as follows:
0
a. Revise paragraph (b)(2) to read as set forth below;
0
b. In paragraph (c)(1), remove the words ``inboard face of the normal
side frames'' and add, in their place, the words ``normal frames''; and
0
c. In paragraph (c)(3), remove the words ``between the faces of the
normal side frames''; and after the words ``of the space'', add the
words ``to the line of the normal frames''.

Sec.  69.111  Between-deck tonnage.

* * * * *
    (b) * * *
    (2) If the uppermost complete deck is stepped, the line of the
uppermost complete deck is the longitudinal line of the underside of
the lowest portion of that deck parallel with the upper portions of
that deck. Steps that do not extend from side to side or are less than
3 feet in length are ignored when establishing the line of the
uppermost complete deck. Spaces between the line of the uppermost
complete deck and the higher portions of the deck are included in
superstructure tonnage.
* * * * *
0
35. Amend Sec.  69.113 as follows:
0
a. Revise paragraphs (a) and (b)(1) to read as set forth below;
0
b. In paragraph (b)(3), after the words ``inside breadth'', add the
words ``to the line of the normal frames''; and
0
c. In paragraph (f), add a sentence to the end of the paragraph to read
as set forth below.

Sec.  69.113  Superstructure tonnage.

    (a) Defined. ``Superstructure tonnage'' means the tonnage of all
superstructure spaces.
    (b) * * *
    (1) Measure the length of each structure along its centerline at
mid-height to the line of the normal frames. (See Sec.  69.123, figure
11.)
* * * * *
    (f) * * * All measurements are terminated at the line of the normal
frames.
0
36. Revise Sec.  69.115(c) to read as follows:

Sec.  69.115  Excess hatchway tonnage.

* * * * *
    (c) From the sum of the tonnage of the hatchways under this
section, subtract one-half of one percent of the vessel's gross
register tonnage exclusive of the hatchway tonnage. The remainder is
added as excess hatchway tonnage in calculating the gross register
tonnage.
0
37. Amend Sec.  69.117 as follows:
0
a. Revise the section heading and paragraphs (c)(3), (d)(1), (d)(2)
introductory text, and (d)(2)(i) to read as set forth below;
0
b. In paragraph (a), remove the word ``gross'';
0
c. Remove paragraphs (c)(4) and (f)(4)(iii);

0
d. Redesignate paragraphs (f)(4)(iv) through (f)(4)(ix) to (f)(4)(iii)
through (f)(4)(viii), respectively;
0
e. In paragraph (d)(3) introductory text, after the text ``(d)(2)(i)'',
add the text ``, (d)(2)(ii), and''; remove the word ``through''; and
add as the last sentence, ``The following additional requirements
apply:'';
0
f. Add paragraphs (d)(3)(i), (d)(3)(ii), and (d)(8) to read as set
forth below;
0
g. In paragraphs (d)(5)(ii) and (d)(6)(iii), after the words ``tightly
against the'', add the words ``weather side of the'';
0
h. In paragraph (d)(7), remove the initial word ``A'', and add, in its
place, the words ``Notwithstanding the opening size requirements of
paragraph(d)(2) of this section, a'';
0
i. In paragraph (e) introductory text, remove the words ``next lower
deck'' and add, in their place, the words ``uppermost complete deck'';
0
j. In paragraph (e)(1), remove the words ``next lower deck'', and add,
in their place, ``uppermost complete deck'', and after the words
``exempt from'', delete the word ``gross'';
0
k. In paragraph (e)(2)(v), add as the last sentence, ``Battening,
caulking, seals, or gaskets of any material may not be used in
association with any middle line opening cover.'';
0
l. In paragraph (f) introductory text, remove the word ``gross'';
0
m. In paragraph (f)(4), after the words ``to be exempted from'', remove
the word ``gross'', and after the words ``percent of the vessel's
gross'', add the word ``register'';
0
n. In paragraph (f)(5), add as the last sentence, ``Changes in vessel
service must also be reported if a water ballast justification was
required to be submitted for the vessel.''; and
0
o. In paragraph (g)(3), after the words ``under-deck was divided'', add
the words ``, and the zone of influence method must be applied if the
ordinary frames upon which the under-deck breadth measurements are
based do not have the same depth of frame''.

Sec.  69.117  Spaces exempt from inclusion in tonnage.

* * * * *
    (c) * * *
    (3) A passenger space located on, or above the first deck above the
uppermost complete deck is exempt from tonnage. To qualify as the first
deck above the uppermost complete deck, the deck must be at least 6
inches above the uppermost complete deck at all points along its
length.
    (d) * * *
    (1) Structures that are located on or above the line of the
uppermost complete deck that are under cover (sheltered), but open to
the weather are exempt from tonnage as open space. The following
additional requirements apply:
    (i) If a structure is divided into compartments, only those
compartments which are open to the weather are exempt from tonnage
under the provisions of this section.
    (ii) Open space cannot progress vertically through openings in a
deck within the structure.
    (iii) A space that is outside a structure's boundary bulkhead as
defined in Sec.  69.53 is considered open to the weather provided the
space is eligible to be treated as an excluded space under the
provisions of Sec.  69.61, regardless of whether or not the space is
fitted with means designed for securing cargo or stores.
    (2) A structure is considered open to the weather when an exterior
end bulkhead of the structure is open and, except as provided in
paragraphs (d)(4), (d)(5), and (d)(6) of this section, is not fitted
with any means of closing. To be considered open to the weather, the
end bulkhead must not have a coaming height of more than 2 feet in way
of any required opening nor any permanent obstruction within 2\1/2\
feet of the opening, it must be fitted with a deck or platform that is
a minimum of 2\1/2\ feet wide on the exterior side of the opening, and
it must have one of the following:
    (i) Two openings, each at least 3 feet wide and at least 4 feet
high in the clear, one on each side of the centerline of the structure.
If the openings lead to two separate interior compartments, there must
be circulation of open space between the two compartments via a single
such opening, or series of such openings, in the intermediate
bulkhead(s).
* * * * *
    (3) * * *
    (i) For the interior compartment to be considered open to the
weather, any compartment or series of compartments from which the open
space progresses must have an opening or openings meeting the
requirements for end bulkhead openings, except that the opening(s) need
not be located in the forward or after end of the compartment.
    (ii) Open space may not progress from a space that is open under
the provisions of paragraph (d)(1)(iii) of this section unless the
space may also be considered open under another provision of this
section.
* * * * *
    (8) A structure is considered open to the weather if--
    (i) Both sides of the structure are open and not fitted with any
means of closing other than temporary covers meeting the requirements
of paragraphs (d)(4), (d)(5), and (d)(6) of this section;
    (ii) The openings are directly across from each other, are not
separated by a bulkhead or bulkheads, and do not have any permanent
obstruction within 2\1/2\ feet of either opening; and
    (iii) The openings have a continuous height of at least 3 feet, or
the full height of the structure, whichever is less, and either extend
the full length of the structure or each have an area of 60 square
feet.
* * * * *

Sec.  69.119  [Amended]

0
38. Amend Sec.  69.119 as follows:
0
a. In the section heading and paragraph (a), remove the word ``gross'';
and
0
b. In paragraphs (d) and (m), after the word ``gross'', add the word
``register''.
0
39. Amend Sec.  69.121 as follows:
0
a. In paragraphs (a), (b)(2)(vii), (d)(3), (e)(1), (e)(2)(i) through
(e)(2)(iii), and (e)(3)(i) through (e)(3)(iii), after the word
``gross'', wherever it appears, add the word ``register''; and in
paragraphs (e)(2)(iii) and (e)(3)(iii), remove the words ``vessel's
owner'' and add, in their place, the words ``vessel owner''; and
0
b. In paragraph (b)(1), remove the word ``gross'', wherever it appears;
and
0
c. Revise paragraph (d)(1) to read as follows:

Sec.  69.121  Engine room deduction.

* * * * *
    (d) * * *
    (1) Under Sec.  69.117(b)(4), framed-in spaces located above the
line of the uppermost complete deck and used for propelling machinery
or for admitting light or air to a propelling machinery space are
exempt from inclusion in tonnage. However, upon written request to a
measurement organization listed in Sec.  69.15, the vessel owner may
elect to have these spaces included in calculating the gross register
tonnage, then deducted from the gross register tonnage as propelling
machinery spaces under paragraph (b)(2)(viii) of this section when
calculating the net register tonnage.
0
40. In Sec.  69.123, revise Figures 1-14 to read as follows:
BILLING CODE 9110-04-P

Sec.  69.123  Figures.
[GRAPHIC] [TIFF OMITTED] TP08AP14.002

[GRAPHIC] [TIFF OMITTED] TP08AP14.003

[GRAPHIC] [TIFF OMITTED] TP08AP14.004

BILLING CODE 9110-04-C

Subpart D--Dual Regulatory Measurement System

0
41. Revise the heading of subpart D to read as shown above.

Sec.  69.151  [Amended]

0
42. In Sec.  69.151, after the words ``one net'' and ``two net'', add
the word ``register'', and remove the words ``the Dual Measurement
System'' and add, in their place, the words ``this subpart''.

Sec.  69.153  [Amended]

0
43. In Sec.  69.153, after the words ``two gross'' and ``higher
gross'', add the word ``register''.

Sec.  69.155  [Amended]

0
44. In Sec.  69.155, remove the words ``the Dual Measurement System''
and add, in their place, the words ``this subpart'' and remove the
words ``the Standard Measurement System in''.

Sec.  69.157  [Amended]

0
45. In Sec.  69.157, in the definitions of ``Gross tonnage'' and ``Net
tonnage'', before the word ``tonnage'', add the word ``register''.

Sec.  69.159  [Amended]

0
46. In Sec.  69.159, remove the words ``for the Standard Measurement
System''.
0
47. Amend Sec.  69.161 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraphs (a) introductory text, (a)(5), and (b), after the word
``gross'', add the word ``register'';
0
c. In paragraph (b) after the word ``net'' add the word ``register'';
and
0
d. Add paragraph (c) to read as follows:

Sec.  69.161  Gross and net register tonnages.

* * * * *

    (c) The authorized measurement organization must issue a U.S.
Tonnage Certificate as evidence of a vessel's measurement under this
subpart, which must also indicate the vessel's measurement under
subpart B of this part, if applicable. There is no requirement to
maintain the U.S. Tonnage Certificate on board the vessel.

Sec.  69.163  [Amended]

0
48. In Sec.  69.163, remove the words ``the dual Measurement System''
and add, in their place, the words ``this subpart''.

Sec.  69.165  [Amended]

0
49. In Sec.  69.165, remove the words ``the dual Measurement System''
and add, in their place, the words ``this subpart''.

Sec.  69.167  [Amended]

0
50. In Sec.  69.167, remove the words ``the dual Measurement System''
and add, in their place, the words ``this subpart''.

Sec.  69.169  [Amended]

0
51. Amend Sec.  69.169 as follows:
0
a. In the section heading, remove the word ``gross''.
0
b. In Sec.  69.169, remove the word ``gross'', wherever it appears.

Sec.  69.173  [Amended]

0
52. In Sec.  69.173, before the word ``tonnage'', wherever it appears,
add the word ``register''.

Sec.  69.175  [Amended]

0
53. Amend Sec.  69.175 as follows:
0
a. In paragraph (a), after the words ``two net'', add the word
``register''; and remove the words ``one net tonnage'', and add, in
their place, the words ``one net register tonnage corresponding to the
lower gross and net register tonnages'';
0
b. In paragraph (b), after the words ``two net'', add the word
``register''; and
0
c. In paragraph (c), after the words ``low net'', add the word
``register'', and after the words ``On these vessels,'' add the words
``a load line must be assigned at a level below the line of the second
deck, and''.

Sec.  69.177  [Amended]

0
54. Amend Sec.  69.177 as follows:
0
a. In paragraph (a)(1), remove the words ``the Dual Measurement
System'' and add, in their place, the words ``this subpart'';
0
b. In paragraph (a)(6)(i), after the words ``one net'', add the word
``register'';
0
c. In paragraph (c), after the word ``two net'', add the word
``register''; and
0
d. In paragraph (d), after the words ``side of the vessel'' add the
words ``, except in the case of a freeboard deck line mark placed at
the location of the second deck if the second deck is the actual
freeboard deck for purposes of a vessel's load line assignment''.
0
55. In Sec.  69.181, revise Examples (1) and (2) to read as follows:

Sec.  69.181  Locating the line of the second deck.

* * * * *
BILLING CODE 9110-04-P

[GRAPHIC] [TIFF OMITTED] TP08AP14.005

0
56. In Sec.  69.183(a), (b), and (c), revise the images to read as
follows:

Sec.  69.183  Figures.

    (a) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.006

    (b) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.007

    (c) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.008

BILLING CODE 9110-04-C

Subpart E--Simplified Regulatory Measurement System

0
57. Revise the heading to Subpart E to read as shown above.

Sec.  69.201  [Amended]

0
58. In Sec.  69.201, after the word ``Simplified'' and before the word
``Measurement'', add the word ``Regulatory''.

0
59. Revise Sec.  69.205 to read as follows:

Sec.  69.205  Application for measurement services.

    (a) Except as noted under paragraph (c) of this section, to apply
for measurement under this subpart, the vessel owner must complete an
Application for Simplified Measurement (form CG-5397). If the vessel is
documented, or intended to be documented, as a vessel of the United
States under part 67 of this chapter, the vessel owner must submit the
application form to the National Vessel Documentation Center.
Otherwise, the form is not further processed, but may be retained, at
the vessel owner's option, as evidence of the tonnage measurement under
this part.
    (b) The Application for Simplified Measurement (form CG-5397) must
include the following information:
    (1) Vessel's name and number (e.g., official number, International
Maritime Organization (IMO) number, Coast Guard number).
    (2) Vessel hull identification number or other number assigned by
builder.
    (3) Hull material.
    (4) Hull shape.
    (5) Overall length, breadth, and depth of vessel and each of the
vessel's individual hulls.
    (6) Location of any propelling machinery (e.g., inside or outside
of the hull).
    (7) Dimensions of the principal deck structure, if its volume
exceeds the volume of the hull.
    (c) At the vessel owner's option, a Builder's Certification and
First Transfer of Title (form CG-1261) which includes the same
information specified in paragraph (b) of this section may be submitted
to the National Vessel Documentation Center instead of the Application
for Simplified Measurement for a vessel that is documented, or intended
to be documented, as a vessel of the United States under part 67 of
this chapter.

Sec.  69.207  [Amended]

0
60. In Sec.  69.207(a), remove the word ``half''; and remove the text
``.05'' and add, in its place, the word ``tenth''.
0
61. Amend Sec.  69.209 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraph (a), after the word ``gross'', wherever it appears, add
the word ``register'';
0
c. In paragraphs (b) introductory text, (b)(1)(i), (b)(1)(ii), and
(b)(2), after the words ``net'' and ``gross'', wherever they appear,
add the word ``register''; and
0
d. Add paragraph (c) to read as follows:

Sec.  69.209  Gross and net register tonnages.

* * * * *
    (c) Certification of measurement. For a vessel that is documented
as a vessel of the United States under part 67 of this chapter, the
vessel's Certificate of Documentation serves as evidence of measurement
under this subpart. For all other vessels, a completed Application for
Simplified Measurement (form CG-5397) serves as evidence of the tonnage
measurement under this part.
0
62. Add Sec.  69.211 to read as follows:

Sec.  69.211  Treatment of novel type vessels.

    Refer questions regarding the application of the tonnage
measurement rules under this subpart to novel type vessels to the
Commandant.

    Dated: March 25, 2014.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2014-07321 Filed 4-7-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Proposed Rules]
[Pages 23933-23935]
[FR Doc No: 2020-08803]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0052]
RIN 1625-AA09

Drawbridge Operation Regulation; Long Creek, Nassau, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Loop Parkway Bridge across Long Creek, mile 0.7 at Nassau,
New York. The bridge owner, New York State Department of Transportation
(NYSDOT), submitted a request to modify bridge openings and expects
that this change to the regulations will better serve the needs of the
community while continuing to meet the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or
before June 1, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0052 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Loop Parkway Bridge at mile 0.7, across Long Creek, Nassau, New
York, has a vertical clearance of 21 feet at mean high water and 25 at
mean low water. Horizontal clearance is approximately 75.5 feet. The
waterway users include recreational and commercial vessels including
fishing vessels.
    The existing drawbridge operating regulations are listed at 33 CFR
117.799(f).
    In 2005, the owner of the bridge, New York State Department of
Transportation, requested a temporary test deviation for an alternate
drawbridge operation regulation; however, it was never followed up with
a rulemaking. The bridge owner assumed since the temporary test
deviation was a success, new signage reflecting the temporary deviation
was installed and the bridge has been operating under that temporary
test deviation for the past 15 years. After a recent construction
operation commenced, the bridge operator began operating the bridge
under the existing regulation. USCG Sector Long Island Sound received
several complaints from mariners who were upset the bridge was no
longer operating under the old temporary test deviation. We have
implemented a new temporary test deviation for this proposed rule
change. Based on the data that was provided by the bridge owner, the
number of requested bridge openings has decreased over the years, while
the vehicular traffic has increased. The schedule restricts bridge
openings during vehicular rush hours, allowing openings twice per hour.
This schedule allows less congestion buildup of vehicular traffic while
providing mariners with a reliable, consistent time they can request a
bridge opening.

III. Discussion of Proposed Rule

    The proposed rule provides for commercial vessels engaged in
commerce, the draw shall open Monday thru Friday from 6:20 a.m. to 9:50
a.m. and 3:20 p.m. to 7:20 p.m. on signal at 20 and 50 minutes after
the hour, and on signal at all other times. For all other vessels, the
draw shall open on Monday thru Friday from 6:20 a.m. to 7:20 a.m. on
signal at 20 and 50 minutes after the hour, and the draw shall open on
Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 a.m. on
signal at 20 and 50 minutes after the hour, and on signal at all other
times. The reason for these changes is to minimize excessive bridge
openings which were a direct cause of accelerated deterioration of the
bridge.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C.

605(b) that this proposed rule would not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    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 (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect 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 that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. 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 will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.799(f) to read as follows:

Sec.  117.799   Long Island, New York Inland Waterway from East
Rockaway Inlet to Shinnecock Canal.

* * * * *
    (f) The draw of the Loop Parkway Bridge across Long Creek, mile
0.7, shall open for commercial vessels engaged in commerce, the draw
shall open Monday thru Friday from 6:20 a.m. to 9:50 a.m. and 3:20 p.m.
to 7:20 p.m. on signal at 20 and 50 minutes after the hour, and on
signal at all other times. For all other vessels, the draw shall open
on Monday thru Friday from 6:20 a.m. to 7:20 p.m. on signal at 20 and
50 minutes after the hour, and the draw shall open on

Saturday, Sunday and Federal Holidays from 7:20 a.m. to 8:20 p.m. on
signal at 20 and 50 minutes after the hour, and on signal at all other
times.
* * * * *

    Dated: April 21, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2020-08803 Filed 4-29-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Rules and Regulations]
[Pages 63513-63515]
[FR Doc No: 2023-19932]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 178 / Friday, September 15, 2023 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1398; Project Identifier AD-2023-00472-P;
Amendment 39-22525; AD 2023-16-06]
RIN 2120-AA64

Airworthiness Directives; Hamilton Sundstrand Corporation
Propellers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Hamilton Sundstrand Corporation (Hamilton Sundstrand) Model 14SF-17 and
14SF-19 propellers. This AD was prompted by a report of an auxiliary
motor and pump failing to feather a propeller in flight. This AD
requires replacement of a certain auxiliary motor and pump. This AD
also prohibits installation of a certain auxiliary motor and pump on
any propeller. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective October 20, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 20,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1398; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, and other
information. The address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Hamilton Sundstrand, One Hamilton Road, Windsor Locks, CT
06096; phone:<PHONE_NUMBER>; email: [email protected].
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is
also available at regulations.gov under Docket No. FAA-2023-1398.

FOR FURTHER INFORMATION CONTACT: Isabel Saltzman, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone:
(781) 238-7649; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Hamilton Sundstrand
Model 14SF-17 and 14SF-19 propellers. The NPRM published in the Federal
Register on June 27, 2023 (88 FR 41513). The NPRM was prompted by a
report of an auxiliary motor and pump installed on a non-Hamilton
Sundstrand propeller failing to feather the propeller in flight through
either the primary or the backup means. The failure was caused by motor
magnets in the auxiliary motor and pump that were de-bonded due to
corrosion at the magnet and housing interface. The de-bonded motor
magnets prevented motor rotation. Hamilton Sundstrand Model 14SF-17 and
14SF-19 propellers use the same auxiliary motor and pump. These
propellers are installed on, but not limited to, Viking Air Limited
(type certificate previously held by Bombardier Inc.; Canadair Limited)
Model CL-215-6B11 (CL-215T & CL-415 Variants) airplanes. In the NPRM,
the FAA proposed to require the removal from service of an auxiliary
motor and pump having part number (P/N) 782655-3 (Aerocontrolex P/N
4122-006009) and replacement with an auxiliary motor and pump having P/
N 782655-4 (Aerocontrolex P/N 4122-056000). In the NPRM, the FAA also
proposed to prohibit installation of an auxiliary motor and pump having
P/N 782655-3 (Aerocontrolex P/N 4122-006009) on any propeller. The FAA
is issuing this AD to address the unsafe condition on these products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes, this AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Hamilton Sundstrand Corporation Service Bulletin
(SB) 14SF-61-168, Revision 1, dated December 21, 2016. This service
information specifies instructions for replacing the auxiliary motor
and pump. Hamilton Sundstrand Corporation is a UTC Aerospace Systems
Company. This service information is identified as both Hamilton
Sundstrand Corporation and UTC Aerospace Systems. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 20 propellers installed on
airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replace auxiliary motor and pump......  2 work-hours x $85 per           $11,000         $11,170        $223,400
                                         hour = $170.
Perform post-installation system test.  1 work-hour x $85 per                  0              85           1,700
                                         hour = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2023-16-06 Hamilton Sundstrand Corporation: Amendment 39-22525;
Docket No. FAA-2023-1398; Project Identifier AD-2023-00472-P.

(a) Effective Date

    This airworthiness directive (AD) is effective October 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Hamilton Sundstrand Corporation (Hamilton
Sundstrand) Model 14SF-17 and 14SF-19 propellers.

    Note 1 to paragraph (c):  These propellers are known to be
installed on, but not limited to, Viking Air Limited (type
certificate previously held by Bombardier Inc.; Canadair Limited)
Model CL-215-6B11 (CL-215T and CL-415 Variants) airplanes.

(d) Subject

    Joint Aircraft System Component (JASC) Code 6123, Propeller
Feathering/Reversing.

(e) Unsafe Condition

    This AD was prompted by a report of an auxiliary motor and pump
failing to feather a propeller in flight. The FAA is issuing this AD
to prevent the failure of a certain auxiliary motor and pump to
feather propellers. The unsafe condition, if not addressed, could
result in reduced controllability of the aircraft and consequent
loss of control of the aircraft.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) Within 90 days after the effective date of this AD, remove
from service an auxiliary motor and pump having part number (P/N)
782655-3 (Aerocontrolex P/N 4122-006009) and replace with an
auxiliary motor and pump having P/N 782655-4 (Aerocontrolex P/N
4122-056000) in accordance with the Accomplishment Instructions,
paragraphs 3.B., 3.C., and 3.E. of Hamilton Sundstrand Corporation
Service Bulletin (SB) 14SF-61-168, Revision 1, dated December 21,
2016 (Hamilton Sundstrand SB 14SF-61-168, Revision 1).
    (2) After replacement of the auxiliary motor and pump, perform a
post-installation system test in accordance with the Accomplishment
Instructions, paragraph 3.F. of Hamilton Sundstrand SB 14SF-61-168,
Revision 1.

(h) Installation Prohibition

    After the effective date of this AD, do not install an auxiliary
motor and pump having P/N 782655-3 (Aerocontrolex P/N 4122-006009)
on any propeller.

(i) No Return of Parts

    Where the service information referenced in the Accomplishment
Instructions, paragraph 3.B. of Hamilton Sundstrand SB 14SF-61-168,
Revision 1, specifies returning certain parts to the manufacturer
for modification, this AD does not include that requirement.

(j) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of
this AD if you performed those actions before the effective date of
this AD using Hamilton Sundstrand SB 14SF-61-168, Original Issue,
dated December 14, 2016.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, East Certification Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the branch office, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For more information about this AD, contact Isabel Saltzman,
Aviation Safety Engineer, FAA, 1701 Columbia Avenue, College Park,
GA 30337; phone:<PHONE_NUMBER>; email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference

(IBR) of the service information listed in this paragraph under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Hamilton Sundstrand Corporation Service Bulletin 14SF-61-
168, Revision 1, dated December 21, 2016.

    Note 2 to paragraph (m)(2)(i): Hamilton Sundstrand Corporation
is a UTC Aerospace Systems Company. This service information is
identified as both Hamilton Sundstrand Corporation and UTC Aerospace
Systems.

    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Hamilton Sundstrand, One Hamilton Road, Windsor Locks, CT 06096;
phone:<PHONE_NUMBER>; email: [email protected].
    (4) You may view this service information at FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 24, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-19932 Filed 9-14-23; 8:45 am]
BILLING CODE 4910-13-P