[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8376]


[[Page Unknown]]

[Federal Register: April 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Parts 110, 126, and 160

46 CFR Parts 38, 78, 97, and 194

[CGD 92-050]
RIN 2115-AE27

 

Classifying and Handling Class 1 (Explosive) Materials

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations concerning 
the carriage and handling of explosives. These amendments are necessary 
because the United States has adopted a new system for classifying and 
labeling explosives. These amendments would align terminology in 
existing Coast Guard regulations with that used in the new system and 
update references to address the new system.

DATES: Comments must be received on or before June 7, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA) (CGD 92-050), U.S. Coast Guard Headquarters, 
2100 Second Street SW., Washington, DC 20593-0001, or may be delivered 
to room 3406 at the above address between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (202) 
267-6234.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters.

FOR FURTHER INFORMATION CONTACT:
LCDR Mark O'Malley, Port Safety and Security Division, (202) 267-0493.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD 92-050) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If not practical, a second copy of any bound material is 
requested. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial.
    If it determines that the opportunity for oral presentations will 
aid this rulemaking, the Coast Guard will hold a public hearing at a 
time and place announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are LCDR 
Mark O'Malley, Project Manager, Port Safety and Security Division, and 
Mr. Stephen H. Barber, Project Counsel, Office of Chief Counsel.

Background and Purpose

    On December 21, 1990, the Research and Special Programs 
Administration (RSPA) published a final rule revising the Hazardous 
Material Regulations contained in 49 CFR parts 171 through 180 
(December 21, 1990, 55 FR 55402). This final rule also revised the 
requirements previously found in 46 CFR part 146 concerning the 
transportation of military explosives by vessel and relocated them in 
49 CFR part 176. Under this final rule, there is only one regulatory 
system common to all explosives. Therefore, the shipment of military 
explosives by vessel now must comply with the requirements of 49 CFR 
part 176. Furthermore, the old classification system for explosives was 
replaced by the United Nations system.
    These comprehensive rules for commercial and other explosives treat 
military explosives as belonging to Division 1.1, 1.2, 1.3, and 1.4 of 
Class 1 (explosive) materials, as defined in 49 CFR 173.50. Under the 
old system, military explosives were categorized as Class A, B, or C. 
(For a comparison of old versus new classification schemes, see 49 CFR 
173.53.)
    Sections 78.80-10 and 97.70-10 of 46 CFR are being revised to align 
with the more recently revised 49 CFR 176.78. Section 176.78 of 49 CFR 
was revised to provide for the use of a power operated truck designated 
EE or EX to handle Class 1 (explosive) materials or other cargo in an 
area near Class 1 (explosive) materials on board a vessel. 
Additionally, paragraph (d) of 46 CFR 176.78 states that a power 
operated truck designated LPS, GS, D, or DS may be used under 
conditions acceptable to the Captain of the Port (COTP) rather than 
requiring Commandant approval. These sections are being revised to 
consolidate current regulations for the use of power operated vehicles 
on board vessels transporting hazardous materials.
    Furthermore, on January 29, 1991, after consultation with the Coast 
Guard, RSPA published a final rulemaking revoking 46 CFR part 146 
(January 29, 1991; 56 FR 3334).
    The purpose of this rulemaking is to update terminology and cross-
references throughout Coast Guard regulations to reflect this new 
classification system.

Discussion of Proposed Amendments

    This proposal would revise 33 CFR parts 100, 126, and 160 and 46 
CFR parts 38, 78, 97, and 194. It would remove references to provisions 
in 46 CFR part 146 or replace them with applicable provisions in 49 CFR 
part 176. The term ``military explosives'' would be replaced with the 
term ``Class 1 (explosive) materials'' or refer to the appropriate 
division of Class 1 explosives.

Regulatory Assessment

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the ``Department of Transportation 
Regulatory Policies and Procedures'' (44 FR 11040 February 26, 1979). 
The Coast Guard expects the economic impact of this proposal to be so 
minimal that a full evaluation is unnecessary. This proposal would 
conform terminology and cross references throughout Coast Guard 
regulations with a new, already established classification system. It 
would have no economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632).
    This proposal is administrative in nature and would conform 
existing regulations to a new system for classifying and labeling the 
explosives. It would have no economic impact on entities large or 
small.
    Because it expects the impact of this proposal to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, will not have significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. This proposal involves 
administrative changes in terminology and clearly does not have any 
environmental impact. A Categorical Exclusion Determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 126

    Explosives, Harbors, Hazardous substances, Reporting and 
recordkeeping requirements.

33 CFR Part 160

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

46 CFR Part 38

    Cargo vessels, Fire prevention, Gases, Hazardous materials 
transportation, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 78

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

46 CFR Part 97

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

46 CFR Part 194

    Explosives, Hazardous materials transportation, Marine safety, 
Oceanographic research vessels.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 110, 126, and 160 and 46 CFR parts 38, 78, 97, 
and 194 as follows:

TITLE 33--[AMENDED]

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 is revised to read as 
follows:

    Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also issued 
under 33 U.S.C. 1223 and 1231.


Sec. 110.157  [Amended]

    2. In Sec. 110.157, in paragraph (c)(1), remove the words ``, Title 
46 Code of Federal Regulations, Part 146, or'' and the words ``46 CFR 
part 146, and'' and, in paragraph (c)(7), remove the words ``or 
`Subchapter N--Dangerous Cargoes' (42 CFR Part 146)''.
    3. In Sec. 110.168, revise the section heading and paragraphs 
(b)(2), (c)(1), (d) (1) through (5) and (d) (7) and (8), (f)(4)(iv), 
and (f)(4)(v) to read as follows and, in paragraph (f)(6), remove the 
words ``military explosives'' wherever they appear and add, in their 
place, the words ``Class 1 (explosive) materials'':


Sec. 110.168  Hampton Roads, Virginia, and adjacent waters.

* * * * *
    (b) * * *
    (2) Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and 
1.4 explosives, as defined in 49 CFR 173.50.
    (c) General regulations. (1) Except as otherwise provided, this 
section applies to vessels over 20 meters long and vessels carrying or 
handling dangerous cargo or Class 1 (explosive) materials while 
anchored in an anchorage ground described in this section.
* * * * *
    (d) Regulations for vessels handling or carrying dangerous cargoes 
or Class 1 (explosive) materials. (1) This paragraph (d) applies to 
every vessel, except a naval vessel, handling or carrying dangerous 
cargoes or Class 1 (explosive) materials.
    (2) Unless otherwise directed by the Captain of the Port, each 
vessel handling or carrying dangerous cargoes or Class 1 (explosive) 
materials must be anchored or moored within Anchorage Berth E-1.
    (3) Each vessel, including each tug and stevedore boat, used for 
loading or unloading dangerous cargoes or Class 1 (explosive) materials 
in an anchorage, must carry a written permit issued by the Captain of 
the Port.
    (4) The Captain of the Port may require every person having 
business aboard a vessel handling or carrying dangerous cargoes or 
Class 1 (explosive) materials while in an anchorage, other than a 
member of the crew, to hold either a pass issued by the Captain of the 
Port or another form of identification prescribed by the Captain of the 
Port.
    (5) Each person having business aboard a vessel handling or 
carrying dangerous cargoes or Class 1 (explosive) materials while in an 
anchorage, other than a member of the crew, shall present the pass or 
other form of identification prescribed by paragraph (d)(4) of this 
section to any Coast Guard boarding officer who requests it.
    (6) * * *
    (7) Each non-self-propelled vessel handling or carrying dangerous 
cargoes or Class 1 (explosive) materials must have a tug in attendance 
at all times while at anchor.
    (8) Each vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials while at anchor must display by day a red flag in 
a prominent location and by night a fixed red light.
* * * * *
    (f) * * *
    (4) * * *
    (iv) A vessel may not anchor in Anchorage Berth E-1, unless it is 
handling or carrying dangerous cargoes or Class 1 (explosive) 
materials.
    (v) A vessel may not anchor within 500 yards of Anchorage Berth E-1 
without the permission of the Captain of the Port, if the berth is 
occupied by a vessel handling or carrying dangerous cargoes or Class 1 
(explosive) materials.
* * * * *
    4. In Sec. 110.214, revise the section heading, paragraph (b)(12) 
introductory text and, in the note to paragraph (b)(12), paragraphs 
(b)(12) (ii), (iii), and (iv) as follows:


Sec. 110.214  Los Angeles and Long Beach Harbors, California.

* * * * *
    (b) * * *
    (12) No vessel, while carrying, loading, or unloading Division 1.1, 
1.2, 1.3, or 1.4 (explosive) materials as defined in 49 CFR 173.50 or 
cargoes of particular hazard as listed by Sec. 126.10 of this chapter, 
may be anchored in an anchorage without permission from the Captain of 
the Port.

    Note: * * *
* * * * *
    (ii) Division 1.1 or 1.2 (explosive) materials (as defined in 49 
CFR 173.50), any amount.
    (iii) Division 1.3 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 1 net ton at any one time.
    (iv) Division 1.4 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 10 net tons at any one time.
* * * * *
    5. The heading to part 126 is revised to read as follows:

PART 126--HANDLING OF CLASS 1 (EXPLOSIVE) MATERIALS OR OTHER 
DANGEROUS CARGOES WITHIN OR CONTIGUOUS TO WATERFRONT FACILITIES

    6. The authority citation for part 126 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.


Sec. 126.05  [Amended]

    7. In Sec. 126.05(a), remove the words ``parts 146 and'' and add, 
in their place, the word ``part''.


Sec. 126.07  [Amended]

    8. In Sec. 126.07(a), remove the words ``parts 146 and'' and add, 
in their place, the word ``part''.
    9. Section 126.09 is revised to read as follows:


Sec. 126.09  Designated dangerous cargo.

    The term designated dangerous cargo means Division 1.1 and 1.2 
explosives, as defined in 49 CFR 173.50.
    10. In Sec. 126.10, paragraph (a) is revised to read as follows:


Sec. 126.10  Cargo of particular hazard.

* * * * *
    (a) Division 1.1 or 1.2 explosives, as defined in 49 CFR 173.50.
* * * * *


Sec. 126.19  [Amended]

    11. In Sec. 126.19, remove the paragraph designation from paragraph 
(a) introductory text and redesignate paragraphs (a)(1), (a)(2), and 
(a)(3) as paragraphs (a), (b), and (c), respectively, and remove the 
words ``military explosives'' wherever they appear and add, in their 
place, the words ``Class 1 (explosive) materials''.


Sec. 126.21  [Amended]

    12. In Sec. 126.21(b), remove the words ``military explosives'' 
wherever they appear and add, in their place, the words ``Class 1 
(explosive) materials''.
    13. In Sec. 126.27, paragraphs (b)(1), (b)(2), and (c) are revised 
to read as follows:


Sec. 126.27  General permit for handling dangerous cargo.

* * * * *
    (b) * * *
    (1) Division 1.3 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 1 net ton at any one time.
    (2) Division 1.4 (explosive) materials (as defined in 49 CFR 
173.50), in excess of 10 net tons at any one time.
* * * * *
    (c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50) 
or other dangerous cargoes prohibited from, or not permitted for, 
transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 may 
be present on the waterfront facility.
* * * * *

PART 160--PORTS AND WATERWAYS SAFETY

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

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    15. Section 160.203 is amended by revising the heading and 
paragraph (a) of the definition of Certain dangerous cargo to read as 
follows:


Sec. 160.203  Definitions.

* * * * *
    Certain dangerous cargo includes any of the following:
    (a) Division 1.1 or 1.2 (explosive) materials, as defined in 49 CFR 
173.50.
* * * * *

TITLE 46--[AMENDED]

PART 38--LIQUEFIED FLAMMABLE GASES

    16. The authority citation for part 38 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    17. In Sec. 38.01-2, revise paragraph (a)(9)(i) to read as follows:


Sec. 38.01-2  Transportation of portable cylinders or portable tanks 
containing or having previously contained liquefied flammable gases in 
dry cargo spaces--TB/ALL.

    (a) * * *
    (9) * * *
    (i) Division 1.1, 1.2, 1.3, or 1.4 (explosive) materials, as 
defined in 49 CFR 173.50.
* * * * *

PART 78--OPERATIONS

    18. The authority citation for part 78 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp., 
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46.

    19. Section 78.80-10 is revised to read as follows:


Sec. 78.80-10  Use of power-operated industrial trucks in various 
locations.

    (a) Spaces containing hazardous materials. The use of power-
operated industrial trucks in spaces containing hazardous materials 
must be in accordance with 49 CFR 176.78.
    (b) Other spaces. Any standard commercial type power-operated 
industrial truck in safe operating condition and having the minimum 
safety features of Sec. 78.80-7(c) may be used in spaces, and for 
handling cargo in spaces, not otherwise prohibited by this subpart.

PART 97--OPERATIONS

    20. The authority citation for part 97 is revised to read as 
follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49 
U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp., 
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 
1.46.

    21. Section 97.70-10 is revised to read as follows:


Sec. 97.70-10  Use of power-operated industrial trucks in various 
locations.

    (a) Spaces containing hazardous materials. The use of power-
operated industrial trucks in space containing hazardous materials must 
be in accordance with 49 CFR 176.78.
    (b) Other spaces. Any standard commercial type power-operated 
industrial truck in safe operating condition and having the minimum 
safety features of Sec. 97.70-7(c) may be used in spaces, and for 
handling cargo in spaces, not otherwise prohibited by this subpart.
    22. The heading to part 194 is revised to read as follows:

PART 194--HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER 
HAZARDOUS MATERIALS

    23. The authority citation for part 194 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 2113, 3306; 49 U.S.C. App. 1804; E.O. 
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    24. In Sec. 194.05-7, paragraphs (a), (b), and (d) introductory 
text are revised to read as follows:


Sec. 194.05-7  Explosives--Detail requirements.

    (a) Except as otherwise provided by this part, Division 1.1 and 1.2 
(explosive) materials (as defined in 49 CFR 173.50) and blasting-caps 
must be carried in magazines specifically fitted for that purpose as 
described by subpart 194.10 of this part.
    (b) Class 1 (explosive) materials (as defined in 49 CFR 173.50) 
must be identified by their appropriate DOT classification.
* * * * *
    (d) On-deck stowage of unfused depth-charges or other unfused-case-
type Class 1 (explosive) materials (as defined in 49 CFR 173.50) is 
authorized as follows:
* * * * *
    Dated: March 8, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-8376 Filed 4-7-94; 8:45 am]
BILLING CODE 4910-14-M