81_FR_59303 81 FR 59136 - Cargo Securing Manuals

81 FR 59136 - Cargo Securing Manuals

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range59136-59137
FR Document2016-20678

The Coast Guard published an interim rule in the Federal Register on May 9, 2016, that prescribes when and how the loss or jettisoning of cargo at sea must be reported. That rule contained a typographical error that erroneously revised a force majeure regulation instead of a notice of hazardous conditions regulation. This document corrects that error.

Federal Register, Volume 81 Issue 167 (Monday, August 29, 2016)
[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Rules and Regulations]
[Pages 59136-59137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20678]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 97 and 160

 [Docket No. USCG-2000-7080]
RIN 1625-AA25 [formerly RIN 2115-AF97]


Cargo Securing Manuals

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

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

SUMMARY: The Coast Guard published an interim rule in the Federal 
Register on May 9, 2016, that prescribes when and how the loss or 
jettisoning of cargo at sea must be reported. That rule contained a 
typographical error that erroneously revised a force majeure regulation 
instead of a notice of hazardous conditions regulation. This document 
corrects that error.

DATES: Effective August 29, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Ken Smith, Office of Operating and Environmental 
Standards (CG-OES-2), Coast Guard; telephone 202-372-1413, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Viewing Documents Associated With This Rule

    To view the interim rule published on May 9, 2016, or other 
documents in the docket for the Cargo Securing Manuals rulemaking, go 
to www.regulations.gov, type the docket number, USCG-2000-7080, in the 
``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' in 
the first item listed. Use the following link to go directly to the 
docket: www.regulations.gov/document?D=USCG-2000-7080-0040.

Background

    In 2013 the Coast Guard proposed to revise 33 CFR 160.215, ``Notice 
of hazardous conditions,'' as part of its supplemental notice of 
proposed rulemaking regarding cargo securing manuals (78 FR 68784, 
November 15, 2013). In 2015, a different rulemaking, regarding notices 
of arrival, redesignated Sec.  160.215 as Sec.  160.216, and inserted a 
provision on force majeure in Sec.  160.215 (80 FR 5281, January 30, 
2015). In 2016, the Coast Guard published an interim rule on cargo 
securing manuals that implemented changes it had proposed in 2013, 
including the amendment of Sec.  160.215 (81 FR 27992, May 9, 2016). 
Because the 2016 rule amended Sec.  160.215 when it should have amended 
the redesignated section, Sec.  160.216, the force majeure provision 
was unintentionally removed and part 160 contained two consecutive 
sections on notice of hazardous conditions. It was an error for the 
interim rule to revise Sec.  160.215 and replace the force majeure 
provision. This rule corrects that error and a cross-reference in 33 
CFR 97.115 to Sec.  160.215.

Need for Correction

    As discussed above, the interim rule published May 9, 2016, 
incorrectly replaced force majeure regulations in Sec.  160.215, 
instead of amending notice of hazardous conditions regulations in Sec.  
160.216.

List of Subjects

33 CFR Part 97

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

33 CFR Part 160

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

    For the reasons stated in the preamble, 33 CFR parts 97 and 160 are 
amended as follows:

PART 97--RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND 
SECURING OF CARGOES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  46 U.S.C. 2103, 3306; E.O. 12234; Department of 
Homeland Security Delegation No. 0170.1(92)(a) and (b).


Sec.  97.115  [Amended]

0
2. In Sec.  97.115(a), remove ``160.215'', and add, in its place, 
``160.216''.

 PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

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

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; 
Department of Homeland Security Delegation No. 0170.1. Subpart C is 
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 
3715.


Sec.  160.216  [Removed]

0
4. Remove Sec.  160.216.


Sec.  160.215  [Redesignated as Sec.  160.216]

0
5. Redesignate Sec.  160.215 as Sec.  160.216.

[[Page 59137]]


0
6. Add new Sec.  160.215 to read as follows:


Sec.  160.215  Force majeure.

    When a vessel is bound for a port or place of the United States 
under force majeure, it must comply with the requirements in this 
section, but not other sections of this subpart. The vessel must report 
the following information to the nearest Captain of the Port as soon as 
practicable:
    (a) The vessel Master's intentions;
    (b) Any hazardous conditions as defined in Sec.  160.202; and
    (c) If the vessel is carrying certain dangerous cargo or 
controlling a vessel carrying certain dangerous cargo, the amount and 
name of each CDC carried, including cargo UN number if applicable.

    Dated: August 24, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2016-20678 Filed 8-26-16; 8:45 am]
BILLING CODE 9110-04-P



                                                59136              Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations

                                                                                                                                                                                                                         21 CFR
                                                  File No.                                                                       Product name                                                                            section

                                                013–388 1      TYLAN (tylosin phosphate)/HYGROMIX (hygromycin B) Premix ...................................................................................                 558.274
                                                015–166 1      TYLAN TM (tylosin phosphate) Type A medicated article ..............................................................................................         558.625
                                                127–507 1      TYLAN 5 SULFA-G (tylosin phosphate and sulfamethazine), TYLAN 10 SULFA-G (tylosin phosphate and                                                              558.630
                                                                 sulfamethazine), TYLAN 20 SULFA-G (tylosin phosphate and sulfamethazine), TYLAN 40 SULFA-G (tylosin
                                                                 phosphate and sulfamethazine).
                                                141–164 1      TYLAN (tylosin phosphate)/COBAN (monensin) ............................................................................................................      558.355
                                                141–170 1      TYLAN (tylosin phosphate)/MONTEBAN (narasin) .........................................................................................................       558.363
                                                141–198 1      TYLAN TM (tylosin phosphate)/BIO-COX (salinomycin) ................................................................................................          558.550
                                                   1 These NADAs were identified as being affected by guidance for industry #213, ‘‘New Animal Drugs and New Animal Drug Combination Prod-
                                                ucts Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily
                                                Aligning Product Use Conditions with GFI #209,’’ December 2013.


                                                  Therefore, under authority delegated                        email Mr. Ken Smith, Office of                                   replaced force majeure regulations in
                                                to the Commissioner of Food and Drugs                         Operating and Environmental Standards                            § 160.215, instead of amending notice of
                                                and redelegated to the Center for                             (CG–OES–2), Coast Guard; telephone                               hazardous conditions regulations in
                                                Veterinary Medicine, and in accordance                        202–372–1413, email Ken.A.Smith@                                 § 160.216.
                                                with § 514.116 Notice of withdrawal of                        uscg.mil.
                                                                                                                                                                               List of Subjects
                                                approval of application (21 CFR                               SUPPLEMENTARY INFORMATION:
                                                514.116), notice is given that approval                                                                                        33 CFR Part 97
                                                of NADAs 012–548, 013–162, 013–388,                           Viewing Documents Associated With
                                                                                                              This Rule                                                          Cargo stowage and securing, Cargo
                                                015–166, 127–507, 141–164, 141–170,                                                                                            vessels, Hazardous materials,
                                                and 141–198, and all supplements and                             To view the interim rule published on                         Incorporation by reference, Reporting
                                                amendments thereto, is hereby                                 May 9, 2016, or other documents in the                           and recordkeeping requirements.
                                                withdrawn, effective September 8, 2016.                       docket for the Cargo Securing Manuals
                                                  Elsewhere in this issue of the Federal                      rulemaking, go to www.regulations.gov,                           33 CFR Part 160
                                                Register, FDA is amending the animal                          type the docket number, USCG–2000–                                 Administrative practice and
                                                drug regulations to reflect the voluntary                     7080, in the ‘‘SEARCH’’ box and click                            procedure, Harbors, Hazardous
                                                withdrawal of approval of these                               ‘‘SEARCH.’’ Click on ‘‘Open Docket                               materials transportation, Marine safety,
                                                applications.                                                 Folder’’ in the first item listed. Use the                       Navigation (water), Personally
                                                  Dated: August 8, 2016.                                      following link to go directly to the                             identifiable information, Reporting and
                                                Tracey H. Forfa,
                                                                                                              docket: www.regulations.gov/                                     recordkeeping requirements, Seamen,
                                                                                                              document?D=USCG-2000-7080-0040.                                  Vessels, Waterways.
                                                Deputy Director, Center for Veterinary
                                                Medicine.                                                     Background                                                         For the reasons stated in the
                                                [FR Doc. 2016–19915 Filed 8–26–16; 8:45 am]                     In 2013 the Coast Guard proposed to                            preamble, 33 CFR parts 97 and 160 are
                                                BILLING CODE 4164–01–P                                        revise 33 CFR 160.215, ‘‘Notice of                               amended as follows:
                                                                                                              hazardous conditions,’’ as part of its                           PART 97—RULES FOR THE SAFE
                                                                                                              supplemental notice of proposed                                  OPERATION OF VESSELS, STOWAGE
                                                DEPARTMENT OF HOMELAND                                        rulemaking regarding cargo securing                              AND SECURING OF CARGOES
                                                SECURITY                                                      manuals (78 FR 68784, November 15,
                                                                                                              2013). In 2015, a different rulemaking,                          ■ 1. The authority citation for part 97
                                                Coast Guard                                                   regarding notices of arrival,                                    continues to read as follows:
                                                                                                              redesignated § 160.215 as § 160.216, and
                                                33 CFR Parts 97 and 160                                                                                                          Authority: 46 U.S.C. 2103, 3306; E.O.
                                                                                                              inserted a provision on force majeure in                         12234; Department of Homeland Security
                                                [Docket No. USCG–2000–7080]
                                                                                                              § 160.215 (80 FR 5281, January 30,                               Delegation No. 0170.1(92)(a) and (b).
                                                                                                              2015). In 2016, the Coast Guard
                                                RIN 1625–AA25 [formerly RIN 2115–AF97]                        published an interim rule on cargo                               § 97.115      [Amended]
                                                                                                              securing manuals that implemented                                ■ 2. In § 97.115(a), remove ‘‘160.215’’,
                                                Cargo Securing Manuals                                        changes it had proposed in 2013,                                 and add, in its place, ‘‘160.216’’.
                                                AGENCY:       Coast Guard, DHS.                               including the amendment of § 160.215
                                                                                                              (81 FR 27992, May 9, 2016). Because the                          PART 160—PORTS AND WATERWAYS
                                                ACTION:      Correcting amendments.                           2016 rule amended § 160.215 when it                              SAFETY—GENERAL
                                                SUMMARY:  The Coast Guard published an                        should have amended the redesignated
                                                interim rule in the Federal Register on                       section, § 160.216, the force majeure                            ■ 3. The authority citation for part 160
                                                May 9, 2016, that prescribes when and                         provision was unintentionally removed                            continues to read as follows:
                                                how the loss or jettisoning of cargo at                       and part 160 contained two consecutive                             Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
                                                sea must be reported. That rule                               sections on notice of hazardous                                  Chapter 701; Department of Homeland
                                                contained a typographical error that                          conditions. It was an error for the                              Security Delegation No. 0170.1. Subpart C is
                                                erroneously revised a force majeure                           interim rule to revise § 160.215 and                             also issued under the authority of 33 U.S.C.
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                              replace the force majeure provision.                             1225 and 46 U.S.C. 3715.
                                                regulation instead of a notice of
                                                hazardous conditions regulation. This                         This rule corrects that error and a cross-
                                                                                                                                                                               § 160.216      [Removed]
                                                document corrects that error.                                 reference in 33 CFR 97.115 to § 160.215.
                                                                                                                                                                               ■   4. Remove § 160.216.
                                                DATES: Effective August 29, 2016.                             Need for Correction
                                                FOR FURTHER INFORMATION CONTACT: If                             As discussed above, the interim rule                           § 160.215      [Redesignated as § 160.216]
                                                you have questions on this rule, call or                      published May 9, 2016, incorrectly                               ■   5. Redesignate § 160.215 as § 160.216.


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                                                                  Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations                                          59137

                                                ■ 6. Add new § 160.215 to read as                       FOR FURTHER INFORMATION CONTACT:   If                 DEPARTMENT OF VETERANS
                                                follows:                                                you have questions on this temporary                  AFFAIRS
                                                                                                        deviation, call or email Eric A.
                                                § 160.215   Force majeure.                                                                                    38 CFR Part 36
                                                                                                        Washburn, Bridge Administrator,
                                                  When a vessel is bound for a port or
                                                                                                        Western Rivers, Coast Guard; telephone                RIN 2900–AP77
                                                place of the United States under force
                                                                                                        (314) 269–2378, email Eric.Washburn@
                                                majeure, it must comply with the                                                                              Loan Guaranty: Delegation of
                                                requirements in this section, but not                   uscg.mil.
                                                                                                                                                              Authority
                                                other sections of this subpart. The vessel              SUPPLEMENTARY INFORMATION:       The U.S.
                                                must report the following information to                Army Rock Island Arsenal requested a                  AGENCY:    Department of Veterans Affairs.
                                                the nearest Captain of the Port as soon                 temporary deviation for the Rock Island               ACTION:   Final rule.
                                                as practicable:
                                                                                                        Railroad and Highway Drawbridge, mile                 SUMMARY:    This document amends the
                                                  (a) The vessel Master’s intentions;
                                                  (b) Any hazardous conditions as                       482.9, at Rock Island, Illinois across the            Department of Veterans Affairs (VA)
                                                defined in § 160.202; and                               Upper Mississippi River. It has a                     loan guaranty regulations to correct an
                                                  (c) If the vessel is carrying certain                 vertical clearance of 23.8 feet above                 oversight in the delegation of authority
                                                dangerous cargo or controlling a vessel                 normal pool in the closed-to-navigation               to exercise the powers and functions of
                                                carrying certain dangerous cargo, the                   position. Navigation on the waterway                  the Secretary with respect to the
                                                amount and name of each CDC carried,                    consists primarily of commercial tows                 guaranty or insurance of loans and the
                                                including cargo UN number if                            and recreational watercraft. The Rock                 rights and liabilities arising therefrom.
                                                applicable.                                             Island Railroad and Highway                           This document also incorporates into
                                                  Dated: August 24, 2016.                               Drawbridge currently operates in                      regulatory form delegatory authority
                                                                                                        accordance with 33 CFR 117.5, which                   already granted certain VA loan
                                                J.G. Lantz,
                                                                                                        states the general requirement that                   guaranty officials to administer and
                                                Director of Commercial Regulations and
                                                                                                        drawbridges shall open promptly and                   manage properties acquired by VA.
                                                Standards.
                                                                                                        fully for the passage of vessels when a               DATES: Effective Date: August 29, 2016.
                                                [FR Doc. 2016–20678 Filed 8–26–16; 8:45 am]
                                                                                                        request to open is given in accordance                FOR FURTHER INFORMATION CONTACT: John
                                                BILLING CODE 9110–04–P
                                                                                                        with the subpart.                                     Bell III, Assistant Director for Loan
                                                                                                                                                              Policy and Valuation (262), Veterans
                                                                                                           The deviation period is from 5 a.m. on             Benefits Administration, Department of
                                                DEPARTMENT OF HOMELAND                                  September 14, 2016 to 5 a.m. on
                                                SECURITY                                                                                                      Veterans Affairs, 810 Vermont Avenue
                                                                                                        September 15, 2016 when the draw span                 NW., Washington, DC 20420, telephone
                                                Coast Guard                                             will remain in the closed-to-navigation               (202) 632–8786. (This is not a toll-free
                                                                                                        position. During this time the bridge                 telephone number.)
                                                33 CFR Part 117                                         owner will facilitate critical repairs to             SUPPLEMENTARY INFORMATION: VA is
                                                                                                        the locking mechanisms on the rail deck               amending 38 CFR 36.4345(b)(1),
                                                [Docket No. USCG–2016–0768]                             of the bridge that are essential to the               Delegation of authority, to add Principal
                                                Drawbridge Operation Regulation;                        continued safe operation of the                       Under Secretary for Benefits and Deputy
                                                Upper Mississippi River, Rock Island,                   drawbridge. The bridge will not be able               Under Secretary for Economic
                                                IL                                                      to open for emergencies and there is no               Opportunity to the list of VA employees
                                                                                                        immediate alternate route for vessels to              who hold authority to exercise the
                                                AGENCY: Coast Guard, DHS.                               pass this section of the Upper                        powers and functions of the Secretary
                                                ACTION:Notice of deviation from                         Mississippi River. The Coast Guard will               with respect to the guaranty or
                                                drawbridge regulation.                                  also inform the users of the waterway                 insurance of loans and the rights and
                                                                                                        through our Local and Broadcast                       liabilities arising therefrom. VA is also
                                                SUMMARY:   The Coast Guard has issued a
                                                                                                        Notices to Mariners of the change in                  adding to the list Deputy Director, Loan
                                                temporary deviation from the operating                                                                        Guaranty Service; Assistant Director,
                                                schedule that governs the Rock Island                   operating schedule for the bridge so that
                                                                                                        vessels can arrange their transits to                 Loan Guaranty Service; and Realty
                                                Railroad and Highway Drawbridge                                                                               Officer, Loan Guaranty Service.
                                                across the Upper Mississippi River, mile                minimize any impact caused by the
                                                                                                                                                                 The positions of Principal Under
                                                482.9, at Rock Island, Illinois. The                    temporary deviation.
                                                                                                                                                              Secretary for Benefits and Deputy Under
                                                deviation is necessary to allow the                        In accordance with 33 CFR 117.35(e),               Secretary for Economic Opportunity
                                                bridge owner time to facilitate repairs to              the drawbridge must return to its regular             were not originally included in 38 CFR
                                                the locking mechanisms on the rail deck                 operating schedule immediately at the                 36.4345(b)(1) because they did not exist
                                                of the bridge. This deviation allows the                end of the effective period of this                   at the time the regulation was
                                                bridge to be maintained in the closed-                  temporary deviation. This deviation                   promulgated. VA inadvertently omitted
                                                to-navigation position for critical repairs             from the operating regulations is                     the delegatory authority to the positions
                                                that are essential to the continued safe                authorized under 33 CFR 117.35.                       of Deputy Director, Assistant Director,
                                                operation of the drawbridge.                                                                                  and Realty Officer Loan Guaranty
                                                DATES: This deviation is effective from                   Dated: August 24, 2016.
                                                                                                                                                              Service. Accordingly, VA is amending
                                                5 a.m. on September 14, 2016 to 5 a.m.                  Eric A. Washburn,                                     this regulatory provision to add these
                                                on September 15, 2016.                                  Bridge Administrator, Western Rivers.                 positions to the list of VA employees to
jstallworth on DSK7TPTVN1PROD with RULES




                                                ADDRESSES: The docket for this                          [FR Doc. 2016–20648 Filed 8–26–16; 8:45 am]           whom the authority to exercise the
                                                deviation, USCG–2016–0768, is                           BILLING CODE 9110–04–P                                powers and functions of the Secretary
                                                available at http://www.regulations.gov.                                                                      with respect to the guaranty or
                                                Type the docket number in the                                                                                 insurance of loans and the rights and
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                                                                          liabilities arising therefrom.
                                                Click on Open Docket Folder on the line                                                                          VA is removing from 38 CFR
                                                associated with this deviation.                                                                               36.4345(b)(1) the positions of Director,


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Document Created: 2016-08-26 23:49:30
Document Modified: 2016-08-26 23:49:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesEffective August 29, 2016.
ContactIf you have questions on this rule, call or email Mr. Ken Smith, Office of Operating and Environmental Standards (CG-OES-2), Coast Guard; telephone 202-372-1413, email [email protected]
FR Citation81 FR 59136 
RIN Number1625-AA25 and 2115-AF97
CFR Citation33 CFR 160
33 CFR 97
CFR AssociatedAdministrative Practice and Procedure; Harbors; Hazardous Materials Transportation; Marine Safety; Navigation (water); Personally Identifiable Information; Seamen; Vessels; Waterways; Cargo Stowage and Securing; Cargo Vessels; Hazardous Materials; Incorporation by Reference and Reporting and Recordkeeping Requirements

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