[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Rules and Regulations]
[Pages 51176-51181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 104, 105, and 160

[USCG-2003-16688]
RIN 1625-AA82


Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes; 
Electronic Submission

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is changing the definition of certain 
dangerous cargo to include ammonium nitrate and certain ammonium 
nitrate based fertilizers, in bulk, as well as propylene oxide, alone 
or mixed with ethylene oxide, in bulk. This change is necessary to 
promote maritime safety and security and facilitate the uninterrupted 
flow of commerce by increasing the Coast Guard's ability to maintain 
awareness of these cargoes. We are also adding two options for vessels 
to submit electronically notices of arrival.

DATES: This temporary final rule is effective from September 17, 2004, 
through March 20, 2006.
    Comments and related material must reach the Docket Management 
Facility on or before November 16, 2004. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before November 16, 2004.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2003-16688 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: 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. The telephone 
number is 202-366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Lieutenant Junior Grade Kimberly Andersen, G-MPP, Coast Guard, 
telephone 202-267-2562. If you have

[[Page 51177]]

questions about submitting notices of arrival in extensible markup 
language format, please contact Lieutenant Thomas Philbrick of the 
Coast Guard's National Vessel Movement Center by electronic mail at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Andrea M. Jenkins, Program 
Manager, Docket Operations, telephone 202-366-0271.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    Although we did not publish a notice of proposed rulemaking, we 
encourage you to participate in this rulemaking by submitting comments 
and related materials. All comments received will be posted, without 
change, to the public docket for this rulemaking.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2003-16688), 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 electronic means, mail, fax, or 
delivery 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 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 that 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.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and select ``simple search'' using 
the last five digits of the docket number (16688). You may also visit 
the Docket Management Facility in 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.
    Privacy Act: Anyone can search all comments received into any of 
our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov.

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM would delay 
the implementation of this regulation, risking public safety and 
security.
    The Coast Guard has participated in briefings with the Bureau of 
Alcohol, Tobacco, Firearms and Explosives, the Office of Naval 
Intelligence, and the Department of Transportation that provided new 
information about the explosive properties of ammonium nitrate and 
ammonium nitrate based fertilizers, in bulk, that are listed as 
Division 5.1 materials in 49 CFR 172.101. The Coast Guard has also 
collected more information regarding the quantities of propylene oxide 
shipped on the nation's inland waterways. This new, more accurate 
information raises additional concerns about the dangers associated 
with handling and transportation of these chemicals.

Background and Purpose

    The U.S. Coast Guard published the final rule for notification of 
arrival (NOA) in U.S. ports on February 28, 2003 (68 FR 9537). That 
final rule made permanent the requirement to submit NOAs 96 hours in 
advance of arrival to a centralized location, the National Vessel 
Movement Center (NVMC). In addition, it required specific crew and 
passenger information and incorporated changes to the CDC definition in 
33 CFR 160.204. Since publication of the February 2003 final rule, we 
have developed additional concerns about potential security hazards of 
bulk ammonium nitrate and propylene oxide cargoes transported on U.S. 
waters.
    The Coast Guard formally requested input from the Towing Safety 
Advisory Committee (TSAC) on September 10, 2003, and from the Chemical 
Transportation Advisory Committee (CTAC) on October 23, 2003. CTAC and 
TSAC were asked to advise the Coast Guard on the anticipated impact to 
their respective industries if bulk, solid ammonium nitrate and 
ammonium nitrate fertilizers that are classified as 5.1 oxidizers were 
added to our CDC definition. CTAC and TSAC formed a joint working group 
on this issue. Although both committees accepted the working group 
minutes, the advisory committees submitted separate written reports to 
the Coast Guard on January 28, 2004. Both committees acknowledged the 
security hazards associated with forms of ammonium nitrate and agreed 
that additional security measures were warranted. The Coast Guard will 
continue to work closely with both of these committees on cargo 
security issues.
    In response to these concerns, we are adding ammonium nitrate and 
ammonium nitrate based fertilizers, in bulk, that are listed as 
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide, 
alone or mixed with ethylene oxide, in bulk, to the list of CDCs for 
which a notice of arrival is required.
    Also, since the February 2003 final rule was published, the Coast 
Guard has developed two new means for electronic submittal of NOAs to 
the Coast Guard's NVMC. We are making these options available to vessel 
owners and operators in this rule.

Discussion of Rule

    Notification of Arrival for CDC: The Coast Guard is imposing NOA 
requirements in 33 CFR part 160 for shipments of two additional types 
of cargo added to the definition of CDC. The first is ammonium nitrate 
and ammonium nitrate based fertilizers, in bulk, listed as Division 5.1 
materials in 49 CFR 172.101. The second is propylene oxide, alone or 
mixed with ethylene oxide, in bulk.
    These cargoes have been added to the definition of CDC in Sec.  
160.204. This change will require vessels carrying these cargoes to 
provide all required NOA information to the U.S. Coast Guard. This 
change will increase maritime security and safety and enable the Coast 
Guard to reduce the risk of a transportation security incident.
    Because 33 CFR parts 104 and 105 rely on the definition of CDC in 
part 160, the change to the definition of CDC will cause some vessels 
and facilities to become subject to the security planning requirements 
of 33 CFR parts 104 and 105 for the first time. This rule conforms the 
vessel applicability section in part 104 to include these cargoes and 
provides these vessels and facilities with a delay in complying with 
the requirements of parts 104 and 105. After the effective date of this 
rule, these vessels and facilities will have 3 months to submit 
security plans to the U.S. Coast Guard and 6 months for full 
compliance.
    Electronic Submittal of NOA: We have added to 33 CFR 160.210 two 
new methods to electronically submit an NOA to the U.S. Coast Guard's 
NVMC. All required information can be entered via Electronic Notice of 
Arrival (e-NOA)

[[Page 51178]]

available on the NVMC Web site: http://www.nvmc.uscg.gov.
    Alternatively, the NVMC can also accept raw XML (eXtensible Markup 
Language) formatted documents that conform to the e-NOA schema. If you 
are interested in creating your own application or modifying your 
existing business systems to submit XML formatted data to the NVMC, 
please contact Lieutenant Thomas Philbrick of the NVMC, at 
[email protected] for more information.

Regulatory Evaluation

    The Department of Homeland Security considers this rule to be a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866, Regulatory Planning and Review. The Department, however, 
concludes that this regulatory action is not economically significant 
under section 3(f)(1). It is also, therefore, ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security. Accordingly, this regulation has been reviewed by the Office 
of Management and Budget (OMB). A final assessment is available in the 
docket as indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. A summary of the assessment 
follows: The purpose of this regulatory assessment (RA) is to estimate 
the costs of this temporary rule, which will change the definition of 
CDC to include ammonium nitrate and ammonium nitrate based fertilizers, 
in bulk, that are listed as Division 5.1 materials in 49 CFR 172.101, 
as well as propylene oxide, alone or mixed with ethylene oxide, in 
bulk. This change will promote maritime safety and security and 
facilitate the uninterrupted flow of commerce by increasing the Coast 
Guard's ability to maintain awareness of these cargoes. Moreover, this 
rule provides vessel owners and operators optional methods (online or 
via e-mail) to submit NOAs. For the purposes of this analysis, we will 
use a period of January 2004 to June 2005 to show the cost.
    In our review of the affected population, we have determined that 
there are approximately 9,213 barges that can potentially transport 
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, as 
well as propylene oxide, alone or mixed with ethylene oxide, in bulk, 
and approximately 40-50 fleeting facilities that can potentially 
receive these cargoes and, therefore, could be impacted by this rule. 
However, based on our available data, we note that there are only 
approximately 600 movements of these cargoes a year. Therefore, the 
actual number of barges used to transport these cargoes would be only a 
fraction of the barge population that may potentially transport 
ammonium nitrate or propylene oxide. Since the industry may want to 
retain the flexibility to use any of these 9,213 barges to carry these 
cargoes, we have based our cost estimate on this larger population. For 
fleeting facilities, we used 50 fleeting areas to estimate our cost.
    There are two elements of cost associated with this rulemaking. The 
first cost stems from the NOA requirements, and the second cost is from 
the Maritime Transportation Security Act of 2002 (MTSA) regulations. 
Currently, vessels that transport CDC cargoes are required to prepare 
and submit NOAs to the Coast Guard. In addition, vessels and facilities 
that handle CDC cargoes are required to implement security measures, to 
be in compliance with the MTSA requirements in 33 CFR parts 104 and 
105.
    The Coast Guard is temporarily changing the NOA and the MTSA 
regulations in 33 CFR parts 104 and 105 by adding ammonium nitrate and 
ammonium nitrate based fertilizers, in bulk, that are listed as 
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide, 
alone or mixed with ethylene oxide, in bulk, to the list of CDCs. 
Vessels that transport such cargoes will now be required to prepare and 
submit NOAs. Furthermore, vessels and facilities that handle ammonium 
nitrate and ammonium nitrate based fertilizers, in bulk, that are 
listed as Division 5.1 materials in 49 CFR 172.101, as well as 
propylene oxide, alone or mixed with ethylene oxide, in bulk, will now 
have to implement security measures. Security measures can include 
preparing security plans and assessments; hiring and training security 
personnel; and installing security equipment.
    The total 18-month cost discounted to its present value (PV) at 7 
percent is presented below.

                                 Total Rulemaking Cost (January 2004--June 2005)
----------------------------------------------------------------------------------------------------------------
                 Affected entity                     Year 2004       Year 2005      PV for 2005    Total PV cost
----------------------------------------------------------------------------------------------------------------
NOA requirements:
    Increase in NOA submittals..................          $8,209          $4,105          $3,836         $12,046
    Previously not covered by NOA...............          46,614          23,307          21,782          68,396
                                                 -----------------
        Total cost..............................          54,824          27,412          25,619          80,442
MTSA--Vessel Security:
    Company-level cost..........................          89,200          43,000          40,187         129,387
    Vessel-level cost...........................         460,650         230,325         215,257         675,907
                                                 -----------------
        Total cost..............................         549,850         273,325         255,444         805,294
MTSA--Facility Security:
    First Group facility........................       3,395,500       1,151,850       1,203,598       4,599,098
    Second Group facility.......................       2,769,000         874,200         817,009       3,586,009
                                                 -----------------
        Total cost..............................       6,164,500       2,026,050       2,020,607       8,185,107
                                                 =================
            Total Cost..........................  ..............  ..............  ..............      9,070,843
----------------------------------------------------------------------------------------------------------------
Detail may not calculate to total due to independent rounding.

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

[[Page 51179]]

owned and operated and are not dominant in their fields, and 
governmental jurisdictions with populations of less than 50,000. This 
rule does not require 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.
    We expect that this rule may have an economic impact on some small 
entities, as defined by the Small Business Administration (SBA). Small 
entities affected by this rule fall into two groups: (1) Those small 
entities that currently carry or handle CDCs in addition to ammonium 
nitrate and ammonium nitrate based fertilizers in bulk listed as 
Division 5.1 materials in 49 CFR 171.101 and propylene oxide, alone or 
mixed with ethylene oxide, in bulk; and (2) those small entities that 
currently carry or handle only ammonium nitrate and ammonium nitrate 
based fertilizers in bulk listed as Division 5.1 materials in 49 CFR 
171.101 and propylene oxide, alone or mixed with ethylene oxide, in 
bulk.
    Small entities in the first category currently submit NOA reports 
and comply with the security measures and planning requirements of the 
MTSA regulations. These entities will have to submit a greater number 
of NOA reports for the newly-covered cargoes. They may have to revise 
existing security plans and change security measures to cover these 
cargoes.
    Small entities in the second category will, for the first time, 
have to comply with NOA requirements in 33 CFR part 160 for shipments 
of these cargoes and comply with the security measures and planning 
requirements of the MTSA regulations in 33 CFR parts 104 and 105.
    The Coast Guard is particularly interested in the impact of this 
rule on small entities. If you are a small entity, we specifically 
request comments regarding the economic impact of this rule on you.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Lieutenant Junior Grade Kimberly Andersen, 
G-MPP, Coast Guard, telephone 202-267-2562.
    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 businesses. 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 temporary final rule calls for a 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 
collections, 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.
    This temporary final rule modifies two existing OMB-approved 
collections 1625-0077 (formerly 2115-0622) and 1625-0100 (formerly 
2115-0557). The request for approval of this Collection of Information 
is available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. 
Summaries of the revised collections follow.
    Title: Security Plans for Ports, Vessels, Facilities, and Outer 
Continental Shelf Facilities and Other Security-Related Requirements.
    OMB Control Number: 1625-0077.
    Summary of the Collection of Information: The Coast Guard requires 
security assessments and plans for vessels and facilities. This 
temporary final rule provides a framework to ensure adequate security 
planning, drilling, and communication procedures by requiring vessels 
to develop and submit for approval Vessel Security Assessments (VSA) 
and Vessel Security Plans (VSP), and by requiring facilities to develop 
and submit Facility Security Assessments (FSA) and Facility Security 
Plans (FSP).
    Need for Information: The primary need for information is to 
identify the adequate security mitigating measures that will be 
implemented when needed.
    Proposed Use of Information: The information will be used to 
identify and communicate the security mitigating measures to the Coast 
Guard and necessary personnel.
    Description of the Respondents: The Company Security Officer, or 
another designated person, for owners and operators of the affected 
vessels and facilities is responsible for developing the VSA and VSP 
for vessels, or the FSA and FSP for facilities.
    Number of Respondents: The existing OMB-approved number of 
respondents is 16,855. This rule would increase that number by 52. The 
total number of respondents is 16,907.
    Frequency of Response: The existing OMB-approved number of 
responses (as adjusted on February 18, 2004) is 81,118. This rule will 
increase that number by 9,263. The total number of responses is 90,381.
    Burden of Response: The development burden for the VSAs and VSPs 
for vessels, and the FSAs and FSPs for facilities, is estimated to be 
approximately 80 hours depending on the size of the company and the 
number and types of vessels or facilities the company owns. Updating 
the assessments and plans is estimated to be approximately one to four 
hours depending on the size of the company and the number and types of 
vessels or facilities the company owns.
    Estimate of Total Annual Burden: The existing OMB-approved total 
annual burden is 1,873,458 hours. This rule will increase that number 
by 9,999 hours. The estimated total annual burden is 1,883,457 hours.
    Title: Advance Notice of Vessel Arrival.
    OMB Control Number: 1625-0100.
    Summary of the Collection of Information: The Coast Guard requires 
pre-arrival notices from certain vessels entering a port or place in 
the United States. This temporary final rule adds the requirement to 
vessels carrying ammonium nitrate and ammonium nitrate based 
fertilizers that are listed as Division 5.1 materials in 49 CFR 
172.101, in bulk, as well as propylene oxide, alone or mixed with 
ethylene oxide, in bulk.
    Need for Information: The primary need for information is to 
identify the adequate security mitigating measures that will be 
implemented when needed.
    Proposed Use of Information: The information will be used to 
identify and communicate the security mitigating measures to the Coast 
Guard and necessary personnel.

[[Page 51180]]

    Description of the Respondents: Respondents are the owner, agent, 
master, operator, or person in charge of a vessel that arrives at or 
departs from a port or place in the United States.
    Number of Respondents: The existing OMB-approved number of 
respondents is 10,367. This rule would increase that number by 111. The 
total number of respondents is 10,478.
    Frequency of Response: The existing OMB-approved number of 
responses is 68,289. This rule will increase that number by 2,288. The 
total number of responses is 70,577.
    Burden of Response: The existing OMB-approved burden of response is 
approximately 2.5 hours. This rule will increase that number by 0.25 
hours. The estimated burden of response is 2.75 hours.
    Estimate of Total Annual Burden: The existing OMB-approved total 
annual burden is 173,904 hours. This rule will increase that number by 
1,621 hours. The estimated total annual burden is 175,525 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this temporary final 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 these collections of information on July 29, 2004.
    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 these collections of information on 29 July 2004.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if the rule 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, we 
do discuss the effects of this rule 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. This rule changes the requirements in the notification of 
arrival regulations. They are procedural in nature and therefore, are 
categorically excluded, under figure 2-1, paragraphs (34)(a) and (d), 
of the Instruction from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects

33 CFR Part 104

    Maritime security, Reporting and recordkeeping requirements, 
Security measures, Vessels.

33 CFR Part 105

    Facilities, Maritime security, Reporting and recordkeeping 
requirements, Security measures.

33 CFR Part 160

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


0
For the reasons discussed in the preamble, the Coast Guard temporarily 
amends 33 CFR parts 104, 105, and 160 as follows:

PART 104--MARITIME SECURITY: VESSELS

0
1. The authority citation for part 104 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department 
of Homeland Security Delegation No. 0170.1.


0
2. In Sec.  104.105, temporarily suspend paragraph (a)(9) and add a new 
paragraph (a)(12) to read as follows:

[[Page 51181]]

Sec.  104.105  Applicability.

    (a) * * *
    (12) Barge carrying CDC in bulk or barge that is subject to 46 CFR 
Chapter I, subchapter I, that is engaged on an international voyage.
* * * * *

0
3. In Sec.  104.115, temporarily add a new paragraph (d) to read as 
follows:


Sec.  104.115  Compliance dates.

* * * * *
    (d) Owners or operators of vessels that carry ammonium nitrate or 
ammonium nitrate based fertilizers, in bulk, that are listed as 
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide, 
alone or mixed with ethylene oxide, in bulk, as listed in the 
definition of certain dangerous cargo (CDC) in Sec.  160.204 of this 
title, must:
    (1) Submit vessel security plans to the U.S. Coast Guard in 
accordance with subpart D of this part not later than December 16, 
2004.
    (2) Be operating in full compliance with the requirements of this 
part not later than March 16, 2005.

0
4. In Sec.  104.410, temporarily add a new paragraph (g) to read as 
follows:


Sec.  104.410  Submission and approval.

* * * * *
    (g) Owners or operators of vessels that carry ammonium nitrate or 
ammonium nitrate based fertilizers, in bulk, that are listed as 
Division 5.1 materials in 49 CFR 172.101, as well as propylene oxide, 
alone or mixed with ethylene oxide, in bulk, as listed in the 
definition of certain dangerous cargo (CDC) in Sec.  160.204 of this 
title, must submit vessel security plans to the U.S. Coast Guard in 
accordance with subpart D of this part not later than December 16, 
2004.

PART 105--MARITIME SECURITY: FACILITIES

0
5. The authority citation for part 105 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191; 
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No. 0170.1.


0
6. In Sec.  105.115, temporarily add a new paragraph (c) to read as 
follows:


Sec.  105.115  Compliance dates.

* * * * *
    (c) Owners or operators of facilities that receive vessels carrying 
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, that 
are listed as Division 5.1 materials in 49 CFR 172.101, as well as 
propylene oxide, alone or mixed with ethylene oxide, in bulk, as listed 
in the definition of certain dangerous cargo (CDC) in Sec.  160.204 of 
this title, and are not otherwise required to comply with this part 
must:
    (1) Submit facility security plans to the U.S. Coast Guard in 
accordance with subpart D of this part not later than December 16, 
2004.
    (2) Be operating in full compliance with the requirements of this 
part not later than March 16, 2005.

0
7. In Sec.  105.410, temporarily add a new paragraph (g) to read as 
follows:


Sec.  105.410  Submission and approval.

* * * * *
    (g) Owners or operators of facilities that receive vessels carrying 
ammonium nitrate and ammonium nitrate based fertilizers, in bulk, that 
are listed as Division 5.1 materials in 49 CFR 172.101, as well as 
propylene oxide, alone or mixed with ethylene oxide, in bulk, as listed 
in the definition of certain dangerous cargo (CDC) in Sec.  160.204 of 
this title, and are not otherwise required to comply with this part, 
must submit facility security plans to the U.S. Coast Guard in 
accordance with subpart D of this part not later than December 16, 
2004.

PART 160--PORTS AND WATERWAYS SAFETY-GENERAL

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

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; 
Department of Homeland Security Delegation No. 0170.1. Subpart D is 
also issued under the authority of 33 U.S.C. 125 and 46 U.S.C. 3715.


0
9. In Sec.  160.204, in the definition for ``Certain dangerous cargo 
(CDC)'', add new temporary paragraphs (9) and (10) to read as follows:


Sec.  160.204  Definitions.

* * * * *
Certain Dangerous Cargo (CDC)
* * * * *
    (9) Ammonium nitrate and ammonium nitrate based fertilizers, in 
bulk, listed as a Division 5.1 material in 49 CFR 172.101.
    (10) Propylene oxide, alone or mixed with ethylene oxide, in bulk.
* * * * *

0
10. In Sec.  160.210, temporarily suspend paragraph (a), and 
temporarily add a new paragraph (e) to read as follows:


Sec.  160.210  Methods for submitting an NOA.

* * * * *
    (e) Submission to the National Vessel Movement Center (NVMC). 
Except as provided in paragraphs (b) and (c) of this section, vessels 
must submit NOA information required by Sec.  160.206 (entries 1-9 to 
Table 160.206) to the NVMC, United States Coast Guard, 408 Coast Guard 
Drive, Kearneysville, WV 25430, by:
    (1) Electronic submission via the electronic NOA (e-NOA) available 
on the NVMC web site at http://www.nvmc.uscg.gov;
    (2) Electronic submission via web service of formatted XML 
(eXtensible Markup Language) documents. E-mail [email protected] to 
ask for the XML schema details;
    (3) E-mail at [email protected]. Workbook available at http://www.nvmc.uscg.gov;
    (4) Fax at 1-800-547-8724 or 304-264-2684. Workbook available at 
http://www.nvmc.uscg.gov; or,
    (5) Telephone at 1-800-708-9823 or 304-264-2502.

    Dated: August 9, 2004.
Thomas H. Collins,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 04-18899 Filed 8-17-04; 8:45 am]
BILLING CODE 4910-15-P