[Federal Register Volume 66, Number 193 (Thursday, October 4, 2001)]
[Rules and Regulations]
[Pages 50565-50574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24984]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 160

[USCG-2001-10689]
RIN 2115-AG24


Temporary Requirements for Notification of Arrival in U.S. Ports

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: To ensure public safety and security and to ensure the 
uninterrupted flow of commerce, the Coast Guard is temporarily changing 
notification requirements for vessels bound for or departing from U.S. 
ports. This rule temporarily lengthens the usual notification period 
from 24 to 96 hours prior to port entry, requires submission of reports 
to a central national clearinghouse, suspends exemptions for vessels 
operating in compliance with the Automated Mutual Assistance Vessel 
Rescue System, for some vessels operating on the Great Lakes, and 
vessels on scheduled routes, and requires information about persons 
onboard these vessels. These changes are necessary to ensure receipt of 
comprehensive and timely information on vessels entering U.S. ports. 
They will help provide better security information and minimize delays 
in collecting that information.

DATES: This temporary final rule is effective from October 4, 2001 to 
June 15, 2002. Comments and related material must reach the Docket 
Management Facility on or before January 18, 2002.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2001-10689), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400

[[Page 50566]]

Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. The telephone number is 202-
366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LTJG Marcus A. Lines, U.S. Coast Guard (G-MMP), at 202-267-6854. 
If you have questions on viewing or submitting material to the docket, 
call Dorothy Beard, Chief, Dockets, Department of Transportation, at 
202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2001-
10689), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rulemaking, and the rule takes effect immediately. The changes made by 
this temporary rule are specifically authorized under 33 U.S.C. 
1223(a)(5) and 1226 as a response to the terrorist acts that occurred 
on September 11, 2001, and to prevent similar occurrences. They are 
necessary to ensure receipt of comprehensive and timely information on 
vessels entering U.S. ports, and they will help provide better security 
information and minimize delays in collecting that information. 
Therefore, delay in implementing these changes is contrary to the 
public interest, and the Coast Guard finds under 5 U.S.C. 553(b)(B) and 
(d)(3) that notice and comment rulemaking and advance publication are 
not required.

Background and Purpose

    On September 11, 2001, terrorists hijacked four airliners. Three 
crashed into targets in New York City and Washington, D.C. The fourth 
airliner, although apparently aiming for Washington, crashed in 
Somerset County, Pennsylvania. These attacks killed thousands of people 
and heightened the need for security checks on all modes of travel, 
particularly those modes by which foreign nationals can enter the 
country. In the maritime context extra time is needed for security 
checks, and vessels bound for U.S. ports could experience delays in 
entering port if required arrival information is not received early 
enough. The information currently required on the notification of 
arrival (NOA) does not provide sufficient data for security measures to 
protect our nation's ports and waterways. The temporary changes made by 
this rule will help provide better security information and minimize 
delays in collecting that information.

Discussion of Temporary Rule

    Under the present requirements of 33 CFR part 160, subpart C, 
owners, agents, masters, operators, or persons in charge of vessels 
bound for U.S. ports must file notices of arrival before they enter 
port. (Persons required to submit reports will hereafter be called 
``submitters.'') In general, the regulations apply to vessels greater 
than 300 gross tons--and to smaller foreign vessels entering the 
Seventh Coast Guard District--but there are several categories of 
exemption. Notices of arrival are also required for vessels and barges 
containing certain dangerous cargo, and submitters must file notices of 
departure (NODs) for these vessels and barges before they leave a port.
    This rule:
     Changes submission times for NOAs;
     Changes where reports are submitted;
     Suspends exemptions from reporting requirements for some 
vessels;
     Requires additional information to be submitted on NOAs 
and NODs;
     Allows consolidated reports;
     Requires submitters to submit changes to previously 
reported information; and
     Changes the definition of certain dangerous cargo.
    This temporary final rule does not change the provisions of 33 CFR 
160.205. Therefore, any vessel that is unable to meet the reporting 
requirements set forth in this temporary final rule may request a 
waiver from the cognizant Captain of the Port.
    Times for submission. Chart 1, below, summarizes the changes in 
submission times made by this rule.

[[Page 50567]]



                                                                                  Chart 1.--Time for Submission
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            NOA--Initial report                     NOD--Initial report                        NOA--Changes                            NOD--Changes
    Vessel type & voyage time    ---------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Old                 New                 Old                 New                 Old                 New                 Old                 New
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Vessels greater than 300 GT      24 hours..........  At least 96 hours   None..............  None..............  None..............  As soon as          None..............  None
 with a voyage time of 96 hours   160.207...........   before entering                                                                 practicable but
 or greater.                                           each port of                                                                    no later than 24
                                                       destination.                                                                    hours before
                                                      160.T208..........                                                               entering the port.
Vessels greater than 300 GT       24 hours..........  Before departing    None..............  None..............  None..............  As soon as          None..............  None
 voyage time less than 96 hours.  160.207...........   but no less than                                                                practicable but
                                                       24 hours before                                                                 no later than 24
                                                       entering each                                                                   hours before
                                                       port of                                                                         entering the port.
                                                       destination.
                                                      160.T208..........
All vessels carrying dangerous    24 hours..........  At least 96 hours   At least 24 hours   Same--............  None..............  As soon as          None..............  Before departing
 cargo, except barges, with a     160.211(a)........   before entering     unless             160.T214..........                       practicable but
 voyage time of 96 hours or                            each port of        notification was                                            no later than 24
 greater.                                              destination.        made within 2                                               hours before
                                                      160.T212..........   hours of arrival.                                           entering the port.
                                                                          160.213...........
 All vessels carrying dangerous   24 hours..........  Before departing    At least 24 hours   Same--............  None..............  As soon as          None..............  Before departing
 cargo except barges with a       160.211(a)........   but no less than    unless             160.T214..........                       practicable but
 voyage time of less than 96                           24 hours before     notification was                                            no later than 24
 hours.                                                entering each       made within 2                                               hours before
                                                       port of             hours of arrival.                                           entering the port.
                                                       destination.       160.213...........
                                                      160.T212..........
 All barges carrying dangerous    4 hours...........  At least 12 hours   At least 4 hours    Same--............  None..............  As soon as          None..............  Before departing
 cargo.                           160.211(b)........   before entering     before departing,  160.T214..........                       practicable but
                                                       each port of        unless                                                      no later than 12
                                                       destination.        notification was                                            hours before
                                                      160.T212..........   made within 2                                               entering port.
                                                                           hours of arrival.
                                                                          160.211(b)........
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    NOA reports currently must be filed at least 24 hours prior to a 
vessel's entering port. The temporary rule increases that time to at 
least 96 hours, except for:
     Vessels, not carrying certain dangerous cargo, whose 
destination involves a voyage time of less than 96 hours' duration--
these vessels must submit the NOA report before the vessel departs to 
begin its voyage, but not less than 24 hours before entering the port 
of destination;
     Vessels (except barges) carrying certain dangerous cargo 
whose destination involves a voyage time of less than 96 hours 
duration--these vessels must submit the NOA report before the vessel 
departs to begin its voyage, but not less than 24 hours before entering 
the port of destination; and
     Barges carrying certain dangerous cargo--currently reports 
for these barges must be filed at least 4 hours before entering the 
port of destination, and the temporary rule increases that time to at 
least 12 hours.
    Vessels and barges carrying certain dangerous cargo are currently 
subject to NOD requirements. The submission times for these NODs--
within two hours of arrival or at least four (for barges) or 24 hours 
(for other vessels) prior to departure--remain unchanged.
    Reports submitted to central national clearinghouse. Most NOA and 
NOD reports will go to the new National Vessel Movement Center (NVMC) 
instead of to individual Captains of the Port (COTPs). The NVMC will 
reformat the reported data and distribute it immediately to cognizant 
COTPs. NOA reports for foreign vessels of 300 gross tons or less 
operating in the Seventh Coast Guard District must continue to be sent 
to cognizant COTPs.
    Exemptions suspended. This temporary rule suspends existing 
exemptions so that Canadian-flag and some U.S. vessels operating on the 
Great Lakes, vessels on scheduled routes, and vessels entering U.S. 
ports in compliance with the Automated Mutual Assistance Vessel Rescue 
System (AMVER) are required to submit NOA reports.
    New information required. Submitters must provide the following 
information in addition to the information currently required on NOAs 
and NODs:
     A general description of the vessel's cargo, e.g. grain, 
containers, oil, etc.;
     The date of departure from each port listed in the NOA. 
Estimated dates can be reported initially, with actual dates reported 
prior to each departure;
     Location or position information for reports filed for 
vessels not carrying certain dangerous cargo;
     Lists of every person on board the vessel. One list must 
be submitted for crewmembers and one for non-crewmembers including 
passengers. The lists must contain basic information about the person: 
name, date of birth, nationality, and (for crewmembers) position or 
duties on board ship. Many vessels already provide this information for 
use by the Immigration and Naturalization Service (INS) and can use INS 
reports to satisfy this new requirement.
    Consolidated reporting. Submitters currently have to file separate 
NOA reports with the COTPs for each U.S. port their vessels intend to 
enter. This temporary rule allows submitters to file a single report 
listing all consecutive U.S. destinations during the voyage, along with 
estimated arrival dates for each port; but a vessel carrying dangerous 
cargo must notify the NVMC whenever it leaves a port listed in its NOA 
report.

[[Page 50568]]

    Changes to submitted reports. Currently we do not require 
submitters to notify COTPs when information submitted in an NOA or NOD 
changes. This temporary rule requires submitters to notify the NVMC (or 
the COTP in the case of smaller foreign vessels in the Seventh 
District) when previously-submitted information changes. For example, a 
submitter must report the actual date of departure in place of the 
estimated date.
    See Chart 1, above, for the submission times applicable to 
reporting changes. Changes to NOAs must be reported as soon as 
practicable but no less than 24 hours (12 hours for barges) prior to 
entering port. Changes to NODs must be reported prior to a vessel's 
departure. When reporting changes, submitters only have to report the 
information that is being added, deleted, or altered. A complete 
resubmission of all information is not necessary. Submitters only need 
to report changes in a vessel's arrival or departure time if the 
previously-reported date changes, or if a previously-reported time 
changes by six hours or more.
    Definition of certain dangerous cargo. The 33 CFR 160.203 
definition of certain dangerous cargo is being changed, to accomplish 
two objectives. First, the changes clarify the existing definition by 
consolidating Coast Guard and Research and Special Programs 
Administration (RSPA) requirements for certain Division 1.5 materials 
that may be allowed to be transported only under a RSPA exemption. 
Additionally, UN hazardous class division numbers are added to further 
clarify the products subject to this regulation. Second, the changes 
add certain hazardous material products the Coast Guard believes pose 
an undue risk to the public if these products were to be hijacked or 
subjected to intentional damage.

Regulatory Evaluation

    This temporary rule is not a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, Regulatory Planning and 
Review, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. It has been reviewed by 
the Office of Management and Budget under that Order. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040, February 26, 1979).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Assessment under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary; however, a Regulatory 
Assessment has been prepared and may be viewed in the docket for this 
project. Existing NOA regulations require vessels greater than 300 
gross tons to provide the COTP of the vessel's port of arrival with 
specific information about the vessel and its voyage 24 hours before 
arriving in any U.S. port. Vessels that meet AMVER requirements, some 
vessels operating on the Great Lakes, and vessels on scheduled routes 
are exempt from the NOA reporting requirements in 33 CFR 160.207. As 
described in the ``discussion of temporary rule'' section of this 
preamble, the Coast Guard is temporarily changing NOA regulations. We 
estimate that providing the Coast Guard with the additional information 
about passengers, crew, and cargo will impose minimal burden on vessels 
already complying with the notification requirements of 33 CFR part 
160, subpart C. By suspending some exemptions, the new rule imposes a 
heavier burden on vessels that are exempt under existing regulations 
but that now will be required to file NOA reports in accordance with 
Sec. 160.T208. As explained below, the total cost of this temporary 
rule should not exceed $565,986:
    Cost and Burden. Coast Guard data on Notification of Arrival 
information for 1998 and 1999 were used to estimate the maximum 
populations affected by this temporary rule. Table 1 categorizes the 
affected vessel population into four sub-populations. They are:
     ``Non-AMVER/Non-Great Lakes Vessels''--vessels already 
required to comply with NOA regulations;
     ``AMVER''--vessels complying with the Automated Mutual 
Assistance Vessel Rescue system and exempt from NOA requirements under 
existing regulations;
     ``Great Lakes Vessels''--vessels greater than 300 gross 
tons, on Great Lakes routes, that are exempt from NOA requirements 
under existing regulations; and
     ``Vessels on Scheduled Routes''--vessels operating upon a 
route that is described in a schedule that is submitted to the Captain 
of the Port for each port or place of destination listed in the 
schedule. The table also sets out the number of vessels and their total 
number of U.S. port calls (arrivals) for each vessel sub-population.

    Table 1.--Number of Vessels and U.S. Port Calls for 1998 and 1999
------------------------------------------------------------------------
                                                      Annual    Monthly
                                 1998       1999     average    average
------------------------------------------------------------------------
Non-AMVER/Non-Great Lakes:
    Vessels.................      9,795      9,538      9,667         NA
    U.S. Port Calls.........     63,090     63,482     63,286      5,274
AMVER:
    Vessels.................        625        609        617         NA
    U.S. Port Calls.........      4,027      4,052      4,040        337
Great Lakes:
    Vessels.................         83         82         83         NA
    U.S. Port Calls.........        840        786        813         68
                             -------------------------------------------
Totals:
    Vessels.................     10,503     10,229     10,367         NA
    U.S. Port Calls.........     67,957     68,320     68,139     5,679
------------------------------------------------------------------------
* These estimates include vessels on scheduled routes that will
  experience about the same costs as the other vessels in this
  population.

    Currently, vessels less than 300 gross tons making ports of call in 
the Seventh Coast Guard District have to file NOA reports with the 
COTP. The temporary rule maintains this requirement, and the estimate 
of the vessels and port calls presented in Table 1 accounts for this 
special group. Additionally, under the current rule vessels have to 
file multiple NOA reports if they are visiting multiple U.S. ports on 
the same voyage. Under the temporary rule, vessels that make calls to 
multiple U.S. ports will not have to file multiple NOA reports; rather, 
the temporary rule allows a single report

[[Page 50569]]

listing all destinations in the United States along with estimated 
arrival dates for each port. The Coast Guard does not currently collect 
or maintain information on how many vessels make multiple U.S. port 
calls under separate NOA reports to estimate the number of consolidated 
reports under the temporary rule. The totals above, therefore, 
represent a conservative estimate, a ``worst-case scenario,'' of the 
numbers of vessels and NOA reports that will be affected by the 
temporary rule. Finally, vessels that make scheduled trips outside of 
their COTP zones will no longer be exempt from NOA requirements. We do 
not know how many of these vessels and port calls exist, though we know 
they are included in the population of non-AMVER/non-Great Lakes 
vessels. Additionally, we know their requirements are virtually 
identical to new requirements for non-AMVER/non-Great Lakes vessels; 
for the purposes of analysis, these vessels and port calls are included 
in the non-AMVER/non-Great Lakes population.

Cost of the Temporary Rule

    For vessels covered by the current NOA rule, providing the Coast 
Guard with a list of the crew and a list of persons in addition to the 
crew will impose minimal burden, since this information is already 
collected on a form submitted to INS (INS form I-418). Vessels that 
were previously exempt from NOA requirements, however, will now have to 
provide the Coast Guard with NOA reports in addition to providing the 
crew/persons-in-addition-to-the-crew lists. Also, all vessels will now 
need to submit a brief description of the cargo on board.
    For non-exempt vessels that were covered by the current NOA 
rulemaking or similar requirements (non-AMVER/non-Great Lakes, vessels 
on scheduled routes), we assume 10 minutes (0.167 hours) will be spent 
retrieving and transmitting the crew/persons-in-addition-to-the-crew 
lists and writing the paragraph concerning cargo. We assume that there 
will be a $2 transmittal fee (fax, email, telephone, etc.) to provide 
this information to the Coast Guard. We assume that clerical labor will 
complete these tasks at a cost of $31.00 per hour (loaded labor rate, 
2001). Based on 1998 and 1999 data, we assume an average of 5,274 port 
calls are made each month, which means an estimated 47,466 port calls 
will be made over the time period of this rulemaking (9 months-until 
June 15, 2002). The summary of unit costs and total rulemaking costs 
for non-AMVER/non-Great Lakes vessels is presented in Table 2.

                                         Table 2.--Total Rulemaking Costs for Non-AMVER/Non-Great Lakes Vessels
                                                                [October 2001-June 2002]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Cost per         Total Rulemaking
        Port Calls during Temporary Rule           Labor Hours per     Labor Hours during  Cost per Labor Hour      Information         Cost for These
                                                      Port Call          Temporary Rule                             Transmittal            Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
47,466.........................................               0.167                7,911               $31.00                $2.00            $340,173
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Detail may not calculate to total due to independent rounding.
 *These estimates include vessels on scheduled routes that will experience about the same costs as the other vessels in this population.

    Previously exempt vessels (AMVER and vessels that transit only the 
Great Lakes) will incur the new cost of an NOA report, since they have 
not had to complete or submit this documentation in the past. Based on 
the current, OMB-approved Collection of Information for NOA (OMB-2115-
0557), we estimate that it will take 10 minutes (0.167 hours) to 
complete the report, plus an additional 5 minutes (0.083 hours) for the 
general description of the cargo. We assume that clerical labor will 
complete the report at a cost of $31.00 per hour. Additionally, these 
vessels will need to develop and submit the crew/persons-in-addition-
to-the-crew lists, which they did not previously have to complete. 
Based on information from the INS (OMB-1115-0083), it will require 60 
minutes (1.000 hour) to complete the lists, for a total of 75 minutes 
(1.250 hours) for the entire submission (NOA report, cargo description, 
and crew/persons-in-addition-to-the-crew lists). There will be a $2 
transmittal fee to provide the information to the Coast Guard. Based on 
1998 and 1999 data, we assume an average of 405 port calls are made by 
this population of vessels each month, which means an estimated 3,645 
port calls will be made over the time period of this rulemaking. The 
summary of unit costs and total rulemaking costs for AMVER/Great Lakes 
vessels is presented in Table 3.

                                             Table 3.--Total Rulemaking Costs for AMVER/Great Lakes Vessels
                                                                [October 2001-June 2002]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Cost per         Total Rulemaking
        Port Calls during Temporary Rule           Labor Hours per     Labor Hours during  Cost per Labor Hour      Information         Cost for These
                                                      Port Call          Temporary Rule                             Transmittal            Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
3,645..........................................               1.250                4,549               $31.00                $2.00            $148,305
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Detail may not calculate to total; due to independent rounding.

    Finally, all vessels affected will need to communicate with the 
National Vessel Movement Center (NVMC) upon departure from a U.S. port 
when their next port of call is also a U.S. port. Vessels will phone or 
fax the date of departure to the NVMC along with the name of the port 
just departed. The NVMC will transmit this information to the COTP in 
the next port of call. We assume this will require 1 minute (0.017 
hours) per departure and clerical labor ($31.00 per hour) will make the 
call or send the fax. We assume the transmittal fee will be $1.00 per 
call/fax. There are an estimated 5,679 departures each month, which 
corresponds to the equal number of monthly arrivals. There will be an 
estimated 51,111 departures over the 9-month period of the temporary 
rule (until June 15, 2002). The cost and burden for notifying NVMC of 
the date of departure and last port of call is presented in Table 4.

[[Page 50570]]



                      Table 4.--Total Rulemaking Costs for Providing NVMC with Date of Departure and Last Port of Call Information
                                                                [October 2001-June 2002]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                      Cost per         Total Rulemaking
     Port Departures during Temporary Rule         Labor Hours per     Labor Hours during  Cost per Labor Hour      Information         Cost for These
                                                      Port Call          Temporary Rule                             Transmittal            Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
51,111.........................................               0.017                  852               $31.00                $1.00             $77,508
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Detail may not calculate to total; due to independent rounding.

    The total cost and burden of the rule is presented in Table 5.

                Table 5.--Total Rulemaking Cost for All Affected Vessels [October 2001-June 2002]
----------------------------------------------------------------------------------------------------------------
                                                                            Burden per
                                                  Arrivals/     Cost per     Arrival/      Total        Total
                                                  Departures    Arrival/    Departure    Rulemaking   Rulemaking
                                                               Departure     (hours)        Cost        Burden
----------------------------------------------------------------------------------------------------------------
Arr. Non-AMVER/Non-Great Lakes.................       47,466        $7.17        0.167     $340,173        7,911
Arr. AMVER/Great Lakes.........................        3,645        40.75        1.250      148,305        4,549
Dep. all vessels...............................       51,111         1.52        0.017       77,508          852
                                                ----------------------------------------------------------------
    Totals.....................................      102,222  ...........  ...........     $565,986      13,312
----------------------------------------------------------------------------------------------------------------
Detail may not calculate to total due to independent rounding.
* These estimates include vessels on scheduled routes that will experience about the same costs as the other
  vessels in this population.

    The temporary rule is expected to divert current Coast Guard 
resources without any real change in operating costs. No new costs for 
the Coast Guard are anticipated.

Need for the Temporary Rule

    This rule will ensure the timely receipt of advance information 
about vessels and people entering U.S. ports and will help minimize 
disruption to commerce. The additional information required by this 
temporary rule will increase security and provide protection for the 
nation's ports and waterways. There will be some savings from the 
consolidated NOA submission for two or more consecutive arrivals at 
U.S. call.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. 
This rule was not preceded by a general notice of proposed rulemaking 
and, therefore, is exempt from the requirements of the Regulatory 
Flexibility Act. Although this rule is exempt, we have reviewed it for 
potential economic impact on small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant economic impact on a substantial 
number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule will have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule modifies an existing collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 
CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Advance Notice of Vessel Arrival and Departure.
    OMB Control Number: 2115-0557.
    Summary of the Collection of Information: The Coast Guard requires 
pre-arrival messages from any vessel entering a port or place in the 
United States. This rule will amend 33 CFR part 160 to temporarily 
require:
     earlier receipt of the notice of arrival--96 hours instead 
of 24 hours--from vessels currently required to provide advance 
notification of arrival;
     notice of arrival reports to be submitted to a central 
clearinghouse, the National Vessel Movement Center;
     suspend the current exemption from notice of arrival 
reporting requirements for vessels operating in compliance with the 
Automated Mutual Assistance Vessel Rescue System, some vessels 
operating on the Great Lakes, and vessels on scheduled routes; and
     require crew lists, passenger lists, and general 
description of cargo to be

[[Page 50571]]

provided as additional items in the notice of arrival report.
    The temporary changes will be in effect until June 15, 2002.
    Need for Information: To ensure port safety and security and to 
ensure the uninterrupted flow of commerce, the Coast Guard must 
temporarily change regulations relating to the Notifications of Arrival 
requirements.
    Proposed use of Information: This information is required to 
control vessel traffic, develop contingency plans, and enforce 
regulations.
    Description of the Respondents: The respondents are owners, agents, 
masters, operators, or persons in charge of vessels bound for or 
departing from U.S. ports.
    Number of Respondents: The existing OMB-approved collection number 
of respondents is 9,834. This temporary rule will increase the number 
of respondents by 533 to a total of 10,367.
    Frequency of Response: The existing OMB-approved collection annual 
number of responses is 126,722. This temporary rule will increase the 
number of responses by 9,556 to a total of 136,278.
    Burden of Response: The existing OMB-approved collection burden of 
response is 10 minutes (0.167 hours). This temporary rule will increase 
the burden of response by 5 minutes (0.083 hours) to a total of 15 
minutes (0.250 hours).
    Estimate of Total Annual Burden: The existing OMB-approved 
collection total annual burden is 21,288 hours. This temporary rule 
will increase the total annual burden by 17,749 hours to a total of 
39,037 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we submitted a copy of this rule to the Office of Management 
and Budget (OMB) for its review of the collection of information. Due 
to the circumstances surrounding this temporary rule, we asked for 
``emergency processing'' of our request. We received OMB approval for 
the collection of information on September 26, 2001. It is valid until 
March 31, 2002.
    We ask for public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. We received OMB 
approval for the collection of information on September 26, 2001. It is 
valid until March 31, 2002.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such an expenditure, the 
effects of this rule are discussed elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

Energy Effects

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

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This temporary final rule changes the 
requirements established in the notification of arrival regulations. 
They are procedural in nature and therefore are categorically excluded. 
A ``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 160

    Administrative practice and procedure; Harbors; Hazardous materials 
transportation; Marine safety; Navigation (water); Reporting and 
recordkeeping requirements; Vessels; Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 160 as follows:

[[Page 50572]]

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

Subpart C--Notifications of Arrival, Departures, Hazardous 
Conditions, and Certain Dangerous Cargoes

    1. The authority citation for part 160 is revised to read as 
follows:

    Authority: 33 U.S.C. 1223, 1226, 1231; 49 CFR 1.46.

    2. In Sec. 160.201, temporarily suspend paragraph (c) and (d), and 
temporarily add paragraphs (e), (f), and (g) to read as follows:


Sec. 160.201  Applicability and exceptions to applicability.

* * * * *
    (e) Section 160.T208 does not apply to the following:
    (1) Each vessel of 300 gross tons or less, except a foreign vessel 
of 300 gross tons or less entering any port or place in the Seventh 
Coast Guard District as described by Sec. 3.35-1(b) of this chapter.
    (2) Each vessel operating exclusively within a Captain of the Port 
zone.
    (3) [Reserved]
    (4) Each vessel arriving at a port or place under force majeure.
    (5) [Reserved]
    (6) Each barge.
    (7) Each public vessel.
    (8) [Reserved].
    (9) U.S. vessels, except tank vessels, operating solely between 
U.S. ports on the Great Lakes.
    (f) Sections 160.T212 and 160.T214 apply to each vessel arriving at 
or departing from a port or place in the United States carrying certain 
dangerous cargo. A vessel submitting a notice of arrival under 
Sec. 160.T212 need not submit another notice as required in 
Sec. 160.T208.
    (g) Sections 160.T208, 160.T212, and 160.T214 apply to each vessel 
upon the waters of the Mississippi River between its mouth and mile 
235, Lower Mississippi River, above Head of Passes. Sections 160.207, 
160.211, and 160.213 do not apply to each vessel upon the waters of the 
Mississippi River between its sources and mile 235, above Head of 
Passes, and all the tributaries emptying thereinto and their 
tributaries, and that part of the Atchafalaya River above its junction 
with the Plaquemine-Morgan City alternate waterway, and the Red River 
of the North.
    3. In Sec. 160.203, temporarily suspend the definition of ``Certain 
dangerous cargo'', and temporarily add in alphabetic order new 
definitions for ``Certain dangerous cargo,'' ``Crewmember'', 
``Nationality'', and ``Persons in addition to crewmembers'' 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.
    (b) Division 5.1, Oxidizing materials, or Division 1.5, blasting 
agents, for which a permit is required under 49 CFR 176.415, or for 
which a permit is required as a condition of a Research and Special 
Programs Administration exemption.
    (c) Division 4.3, Spontaneously Combustible products in excess of 
60 metric tons per vessel.
    (d) Division 6.1, Poison-Inhalation Hazard, products in bulk 
packagings.
    (e) Class 7, highway route controlled quantity radioactive 
material, or fissile material, controlled shipment, as defined in 49 
CFR 173.403.
    (f) Each cargo under Table 1 of 46 CFR part 153 when carried in 
bulk.
    (g) Each cargo under Table 4 of 46 CFR part 154 when carried in 
bulk.
    (h) Butylene Oxide, Chlorine, and Phosphorous, elemental when 
carried in bulk.
    Crewmember means all persons carried on board the vessel to provide 
navigation and maintenance of the vessel, its machinery, systems, and 
arrangements essential for propulsion and safe navigation or to provide 
services for other persons on board.
* * * * *
    Nationality means the state (nation) in which a person is a citizen 
or to which a person owes permanent allegiance.
* * * * *
    Persons in addition to crewmembers means any person onboard the 
vessel, including passengers, who are not included on the list of 
crewmembers.
* * * * *

    4. A new temporary Sec. 160.T204 is added to read as follows:


Sec. 160.T204  Reporting of notification of arrival and Notification of 
departure.

    (a)(1) Until October 15, 2001, all vessels required to report the 
information in Sec. 160.T208, Sec. 160.T212, or Sec. 160.T214, must 
submit the report to the cognizant Captain of the Port (COTP).
    (2) From October 15, 2001, until June 15, 2002, all vessels 
required to report notice of arrival and departure information in 
Secs. 160.T208, 160.T212, or 160.T214, other than vessels 300 or less 
gross tons operating in the Seventh Coast Guard District, must submit 
the notice to the National Vessel Movement Center (NVMC), United States 
Coast Guard, 408 Coast Guard Drive, Kearneysville, W.V., 25430, by:
    (i) Telephone at 1-800-708-9823;
    (ii) Fax at 1-800-547-8724; or
    (iii) E-mail at [email protected].


Note to paragraph (a):
    Information about the National Vessel Movement Center is available 
on its website at http://www.nvmc.uscg.gov/. 
    (b) Those vessels 300 or less gross tons operating in the Seventh 
Coast Guard District required by Sec. 160.T208, Sec. 160.T212, or 
Sec. 160.T214 to report notice of arrival and departure information 
must submit the notice to the cognizant Captain of the Port (COTP).


Sec. 160.207  [Suspended]

    5. Temporarily suspend Sec. 160.207.
    6. A new temporary Sec. 160.T208 is added to read as follows:


Sec. 160.T208  Notice of arrival: Vessels bound for ports or places in 
the United States.

    (a) The owner, agent, master, operator, or person in charge of a 
vessel on a voyage of 96 hours or more must submit the information 
under paragraph (c) of this section at least 96 hours before entering 
the port or place of destination.
    (b) The owner, agent, master, operator, or person in charge of a 
vessel on a voyage of less than 96 hours must submit the information 
under paragraph (c) of this section prior to departing the port or 
place of departure, but no less than 24 hours before entering the port 
or place of destination.
    (c) The following information must be submitted as prescribed by 
Sec. 160.T204:
    (1) Name of port(s) or place(s) of destination in the United 
States;
    (2) Estimated date and time of arrival at each port or place;
    (3) Name of the vessel;
    (4) Country of registry of the vessel;
    (5) Call sign of the vessel;
    (6) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (7) Name of the registered owner of the vessel;
    (8) Name of the operator of the vessel;
    (9) Name of the classification society of the vessel;
    (10) General description of cargo onboard the vessel (e.g.: grain, 
container, oil, etc.);
    (11) Date of departure and name of the port from which the vessel 
last departed;
    (12) Name and telephone number of a 24-hour point of contact for 
each port included in the notice of arrival;
    (13) Location or position of the vessel at the time of the report;

[[Page 50573]]

    (14) A list of crewmembers onboard the vessel. The list must 
include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or mariners document number; and
    (v) Position or duties on the vessel;
    (15) A list of persons in addition to the crew onboard the vessel. 
The list must include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality; and
    (iv) Passport number.
    (d) You may submit a copy of INS Form I-418 to meet the 
requirements of paragraphs (c)(14) and (c)(15) of this section.
    (e)(1) Any changes to the information required by paragraphs (c) or 
(h) of this section must be reported as soon as practicable but no less 
than 24 hours before entering the port of destination.
    (2) Any changes to the arrival time or the departure time in a 
submitted notice of arrival (NOA) that are less than six (6) hours need 
not be reported.
    (3) When reporting changes, only report specific items to be 
corrected in the submitted NOA report. Do not resubmit the entire NOA 
report.
    (f) International Safety Management (ISM) Code (Chapter IX of 
SOLAS) Notice. If you are the owner, agent, master, operator, or person 
in charge of a vessel that is 500 gross tons or more and engaged on a 
foreign voyage to the United States, you must provide the ISM Code 
notice described in paragraph (g) as follows:
    (1) ISM Code notice beginning January 26, 1998, if your vessel is--
a passenger vessel carrying more than 12 passengers, a tank vessel, a 
bulk freight vessel, or a high-speed freight vessel.
    (2) ISM Code notice beginning July 1, 2002, if your vessel is--a 
freight vessel not listed in paragraph (f)(1) of this section or a 
self-propelled mobile offshore drilling unit (MODU).
    (g) ISM Code notice includes the following:
    (1) The date of issuance for the company's Document of Compliance 
certificate that covers the vessel.
    (2) The date of issuance for the vessel's Safety Management 
Certificate, and,
    (3) The name of the Flag Administration, or the recognized 
organization(s) representing the vessel flag administration, that 
issued those certificates.
    (h) Any vessel planning to enter two or more consecutive ports or 
places in the United States during a single voyage may submit one 
consolidated Notification of Arrival at least 96 hours before entering 
the port or place of destination. The consolidated notice must include 
the port name and estimated arrival date for each destination of the 
voyage. Any vessel submitting a consolidated notice under this section 
must still meet the requirements of paragraph (e) of this section 
concerning changes to required information.


Sec. 160.211  [Suspended]

    7. Temporarily suspend Sec. 160.211.
    8. A new temporary Sec. 160.T212 is added to read as follows:


Sec. 160.T212  Notice of arrival: Vessels carrying certain dangerous 
cargo.

    (a)(1) The owner, agent, master, operator, or person in charge of a 
vessel, other than a barge, carrying certain dangerous cargo that is 
bound for a port or place in the United States that is 96 hours or more 
away from the vessel's port of departure must report the information in 
paragraph (b) of this section at least 96 hours before entering the 
port or place of destination; or
    (2) The owner, agent, master, operator, or person in charge of a 
vessel, other than a barge, carrying certain dangerous cargo that is 
bound for a port or place in the United States that is less than 96 
hours away from the vessel's port of departure must report the 
information in paragraph (b) of this section prior to departing the 
port or place of departure, but no less than 24 hours before entering 
the port or place of destination.
    (b) The following information must be submitted as prescribed by 
Sec. 160.T204:
    (1) Name of port(s) or place(s) of destination in the United 
States;
    (2) Estimated date and time of arrival at each port or place;
    (3) Name of the vessel;
    (4) Country of registry of the vessel;
    (5) Call sign of the vessel;
    (6) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (7) Name of the registered owner of the vessel;
    (8) Name of the operator of the vessel;
    (9) Name of the classification society of the vessel;
    (10) Date of departure and name of the port from which the vessel 
last departed;
    (11) Name and telephone number of a 24-hour point of contact for 
each port included in the notice of arrival;
    (12) Location or position of the vessel at the time of the report;
    (13) Name of each of the certain dangerous cargoes carried;
    (14) Amount of each of the certain dangerous cargoes carried;
    (15) Stowage location of each of the certain dangerous cargoes 
carried;
    (16) General description of cargo, other than dangerous cargoes, 
onboard the vessel;
    (17) Operational condition of the equipment under Sec. 164.35 of 
this chapter;
    (18) A list of crewmembers onboard the vessel. The list must 
include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or mariners document number; and
    (v) Position or duties on the vessel;
    (19) A list of persons in addition to the crew onboard the vessel. 
The list must include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality; and
    (iv) Passport number; and
    (c) You may submit a copy of INS Form I-418 to meet the 
requirements of paragraphs (b)(18) and (b)(19) of this section.
    (d)(1) Any changes to the information required by paragraphs (b) or 
(f) of this section must be reported as soon as practicable but no less 
than 24 hours before entering the port of destination.
    (2) Any changes to the information required by paragraph (e) of 
this section must be reported as soon as practicable but no less than 
12 hours before entering the port of destination.
    (3) Any changes to the arrival time or the departure time in a 
submitted notice of arrival (NOA) that are less than six (6) hours need 
not be reported.
    (4) When reporting changes, only report specific items to be 
corrected in the submitted NOA report. Do not resubmit the entire NOA 
report.
    (e) The owner, agent, master, operator, or person in charge of a 
barge bound for a port or place in the United States carrying certain 
dangerous cargo shall report the information required in paragraphs 
(b)(1) through (b)(6) and (b)(10) through (b)(19) of this section as 
prescribed by Sec. 160.T204 at least 12 hours before entering that port 
or place.
    (f) Any vessel planning to enter two or more consecutive ports or 
places in the United States during a single voyage may submit one 
consolidated Notification of Arrival at least 96 hours before entering 
the first U.S. port or place of destination. The consolidated notice 
must include the port name and estimated arrival date for each

[[Page 50574]]

destination of the voyage. Any vessel submitting a consolidated notice 
under this section must still meet the requirements of paragraphs (d) 
of this section concerning changes to required information.


Sec. 160.213  [Suspended]

    9. Temporarily suspend Sec. 160.213.
    10. A new temporary Sec. 160.T214 is added to read as follows:


Sec. 160.T214  Notice of departure: Vessels carrying certain dangerous 
cargo.

    (a) The owner, agent, master, operator, or person in charge of a 
vessel, except a barge, departing from a port or place in the United 
States for any other port or place and carrying certain dangerous 
cargo, must submit a notice of departure as prescribed by Sec. 160.T204 
at least 24 hours before departing, unless this notification was made 
within 2 hours after the vessel's arrival, of the:
    (1) Name of port(s) or place(s) of destination in the United 
States;
    (2) Estimated date and time of arrival at each port or place;
    (3) Name of the vessel;
    (4) Country of registry of the vessel;
    (5) Call sign of the vessel;
    (6) International Maritime Organization (IMO) international number 
or, if the vessel does not have an assigned IMO international number, 
the official number of the vessel;
    (7) Name of the registered owner of the vessel;
    (8) Name of the operator of the vessel;
    (9) Name of the classification society of the vessel;
    (10) Date and time of departure and name of the port from which the 
vessel last departed;
    (11) Name and telephone number of a 24-hour point of contact for 
each port included in the notice of arrival;
    (12) Location or position of the vessel at the time of the report;
    (13) Name of each of the certain dangerous cargoes carried;
    (14) Amount of each of the certain dangerous cargoes carried;
    (15) Stowage location of each of the certain dangerous cargoes 
carried;
    (16) General description of cargo, other than dangerous cargoes, 
onboard the vessel;
    (17) Operational condition of the equipment under Sec. 164.35 of 
this chapter;
    (18) A list of crewmembers onboard the vessel. The list must 
include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or mariners document number; and
    (v) Position or duties on the vessel;
    (19) A list of persons in addition to the crew onboard the vessel. 
The list must include the following information for each person:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality; and
    (iv) Passport number; and
    (b) You may submit a copy of INS Form I-418 to meet the 
requirements of paragraphs (a)(18) and (a)(19) of this section.
    (c)(1) Any changes to the information required by paragraph (a) of 
this section must be reported prior to departing.
    (2) Any changes to the arrival time or the departure time in a 
submitted notice of departure (NOD) that are less than six (6) hours 
need not be reported.
    (3) When reporting changes, only report specific items to be 
corrected in the submitted NOD report. Do not resubmit the entire NOD 
report.
    (d) The owner, agent, master, operator, or person in charge of a 
barge departing from a port or place in the United States for any other 
port or place and carrying certain dangerous cargo shall report the 
information required in paragraphs (a)(1) through (a)(6) and (a)(10) 
through (19) of this section as prescribed by Sec. 160.T204 at least 4 
hours before departing, unless this report was made within 2 hours 
after the barge's arrival.

    Dated: October 1, 2001.
Paul J. Pluta,
Rear Admiral, USCG, Assistant Commandant for Marine Safety and 
Environmental Protection.
[FR Doc. 01-24984 Filed 10-2-01; 11:29 am]
BILLING CODE 4910-15-P