[Federal Register Volume 65, Number 127 (Friday, June 30, 2000)]
[Rules and Regulations]
[Pages 40516-40520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16625]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100, 110, and 165

[CGD1-99-194]


Temporary Regulations: OPSAIL MAINE 2000, Portland, ME

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations, 
including a regulated area, safety zone and anchorage grounds during 
OPSAIL MAINE 2000 events to be held between July 28 and 30, 2000 in the 
port of Portland, Maine. These regulations are necessary to promote the 
safe navigation of vessels, and the safety of life and property during 
the heavy volume of vessel traffic expected during this event.

DATES: This rule is effective from July 28, 2000 until July 30, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD1-99-194 and are available for inspection and 
copying at the Coast Guard Marine Safety Office, 103 Commercial St. 
Portland, Maine 04101-4726, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant E. Doucette, Chief of 
Response and Planning, Marine Safety Office, Portland at (207) 780-
3251.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 17, 2000, the Coast Guard published a Notice of Proposed 
Rule Making (NPRM) entitled Temporary Regulations: Opsail Maine 2000, 
Portland, Maine in the Federal Register, Volume 65, Page 14498. The 
Coast Guard received 3 letters commenting on the proposed rule. One 
letter suggested a public hearing be held. For reasons set out below, a 
public hearing was not held.

Background and Purpose

    OPSAIL Maine 2000, Inc. is sponsoring the OPSAIL Maine 2000 Parade 
of Tall Ships as well as a fireworks display. These events are 
scheduled to take place between July 28th and 30th 2000 in the Port of 
Portland and surrounding waters. The Coast Guard anticipates up to 
1,000 spectator craft for these events. These regulations create 
temporary anchorage regulations, vessel movement controls, and safety 
zones. The regulations are in effect at various times in Portland 
Harbor between July 28-30, 2000. The expected vessel congestion due to 
the large number of participating and spectator vessels poses a 
significant threat to the safety of life and the safety of the port. 
These rules provide for the safety of life on navigable waters and 
promotes maritime safety and protects participants and spectators 
during this event.

Discussion of Rule

    These regulations create temporary anchorage regulations and vessel 
movement controls. Special local regulations will be in effect for 
parts of Portland Harbor for the period beginning at 11 a.m. on Friday, 
July 28, and ending at 4 p.m. on Friday, July 28. The safety of parade 
participants and spectators will require that spectator craft and all 
other traffic be kept at a safe distance from participating tall ships 
and vessels. No vessel will be permitted to move within the regulated 
area during that time without permission from the Captain of the Port. 
This is required to ensure the safety of both participating and 
spectator vessels during the Parade of Sail. Normal port operations 
will resume within the area following the Parade of Sail.
    These regulations temporarily suspend existing anchorage areas, and 
establish new areas within the port to provide spectator viewing areas 
and maintain a clear parade route for participating vessels. The Parade 
of Sail will begin at Portland Head Light, and proceed along the main 
channel into Portland Harbor. The safety of parade participants and 
spectators require that all vessels remain clear of the main channel 
while the participating vessels are on the parade route.
    These regulations also establish a safety zone around a 
pyrotechnics barge from which fireworks will be launched. An area 
within a 1500-foot radius

[[Page 40517]]

around the vessel is designated as a safety zone. This safety zone is 
needed to protect the maritime public from possible hazards associated 
with the launching of fireworks in Portland Harbor.

Discussion of Comments and Changes

    The Coast Guard received three comments during the comment period.
    One comment concerned access by residents to Cushing Island and by 
commercial ferries and water taxis to Cushing Island. The writer cited 
33 CFR Sec. 100.CGD1-194(c)(2) of the Notice of Proposed Rule Making, 
which provides some pre-arranged movement of commercial vessels, and 
requested to meet and discuss access issues. A meeting was held on June 
12, 2000 at the Marine Safety Office in Portland with those inspected 
and uninspected small passenger vessel operators most affected, 
including the author of this comment, to coordinate some limited and 
controlled harbor movements prior to and in the early stages of, the 
timeframe for the regulated area. The Coast Guard recognizes that 
service to inhabited islands in Casco Bay will be disrupted. The 
specifics of these temporary regulations are designed to minimize 
interference to this service, while maintaining a necessary level of 
safety.
    The Coast Guard received one comment regarding small passenger 
vessels engaged in scenic cruises of the waters affected by the 
regulated area. The author of the comment was concerned that his 
business would be severely impacted by the closure of the main channel 
during the OPSAIL Parade. A follow-up telephone conversation with the 
author of the comment indicated that he believed the regulated area was 
for the entire four days of OPSAIL, rather than the limited 11 a.m. to 
4 p.m. period on July 28, 2000 set aside for the parade. Small 
passenger vessel operators are not required by this rule to remain at 
the dock. These vessels may operate outside of the regulated area 
during the Parade of Sail, or may anchor in designated spectator areas 
along with other spectator craft.
    The final comment received discussed the potential impact to 
lobstermen and requested a public hearing. In a follow-up conversation, 
the author of the comment indicated that he believed that the regulated 
area was for the entire four days of the OPSAIL marine events. The 
regulated area established for the Parade of Sail is for a limited 
duration and a limited area of the harbor. Once this was clarified, the 
author's concerns were alleviated. In addition, the local Coast Guard 
is working to, and will continue to work to coordinate efforts between 
OPSAIL Maine organizers and the local fishermen to address the concerns 
of fishermen.
    The Coast Guard has discussed and made available the proposed 
regulations to the local Port Safety Forums and Area Committee. The 
Marine Safety Office hosted Small Passenger Vessel Operator meetings 
during which the NPRM was discussed. In March these temporary 
regulations were explained and by April were provided to the public at 
various ``fisherman gatherings'', via facsimile, e-mail and web page 
postings. For these reasons, the limited number of written comments 
received and the special meeting held on June 12th, the Coast Guard 
feels that a public hearing is not necessary.
    The coordinates identifying the aids to navigation positions 
defining the boundary of Spectator Anchorage E have been changed from 
those listed in the NPRM. The actual aids to navigation cited in the 
NPRM are correct and form the boundary of the anchorage. This change 
merely corrects the coordinates of the aids and has no regulatory 
effect.

Regulated Area

    A regulated area in Portland Harbor will be in effect from 11 a.m. 
to 4 p.m. on July 28, 2000. This regulated area is needed to protect 
the maritime public and participating vessels from possible hazards to 
navigation associated with a parade of tall ships transiting the waters 
of Portland Outer Harbor into port, and a large number of spectator 
craft anchored in close proximity throughout the duration of these 
events. This regulated area includes vessel anchoring and operating 
restrictions, including the restriction of vessel movement within the 
area. This Regulated Area covers the waters of Portland Outer Harbor, 
Main Harbor and vicinity. It includes the following temporary 
anchorages established under 33 CFR Sec. 110.T136 created under this 
rule: Anchorage B, Anchorage C, Spectator Anchorage D along the east 
shore of South Portland, and Spectator Anchorage E off the southeast 
shore of Cushing Island. Following the tall ship parade, Portland 
Harbor will reopen in sequence with the movement and mooring of the 
final flotilla of tall ships. After the final flotilla of tall ships 
has passed Anchorage B, vessel operators anchored in the anchorage 
areas may depart for locations outside Portland Harbor. This regulated 
area is effective from 11 a.m. until 4 p.m. on July 28, 2000.

Anchorage Regulations

    The Coast Guard has established temporary Anchorage Regulations for 
participating OPSAIL MAINE 2000 ships and spectator craft. The 
Anchorage regulations in 33 CFR Sec. 110.132 are temporarily suspended 
by this regulation and new Anchorage Grounds and regulations are 
temporarily established.
    The anchorage regulations temporarily establish Anchorage Grounds 
for spectator vessel use only. They restrict all other vessels from 
using these Anchorage Grounds during a portion of the OPSAIL MAINE 2000 
event. Anchorage B will contain the official reviewing vessel. 
Anchorage C is designated for small vessel temporary anchorages. 
Additionally, Spectator Anchorage D is designated along the eastern 
shore of South Portland in the Outer Harbor, and Spectator Anchorage E 
is designated on the southeast shore of Cushing Island. These 
anchorages are needed to provide viewing areas for spectator vessels 
while maintaining a clear parade route for the participating OPSAIL 
MAINE 2000 vessels and to protect boaters and spectator vessels from 
the hazards associated with a parade of tall ships transiting in close 
proximity in the waters of Portland Harbor. These regulations are 
effective from 11 a.m. until 4 p.m. on July 28, 2000.

Safety Zones

    The Coast Guard has established a safety zone in Portland Harbor 
for a fireworks display, that will be in effect on July 28, 2000. In 
the case of inclement weather, the fireworks display will be held on 
either July 29 or 30, 2000 and the safety zone would be in effect on 
one of those dates. The safety zone is needed to protect the maritime 
public from possible hazards associated with the launching of fireworks 
in Portland Harbor. The safety zone covers a 1500-foot radius around a 
barge located in Anchorage A used for the fireworks display. This 
regulation is in effect from 9 p.m. until 11 p.m. on July 28-30, 2000.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. The 
Office of Management and Budget has not reviewed it 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).
    Due to the short duration of these marine events and fireworks 
events, the limited areas and the advance notice provided to the 
maritime community,

[[Page 40518]]

the Coast Guard expects the economic impact of this regulation to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) of the 
regulatory policies and procedures of the Department of Transportation 
is unnecessary.
    The primary impact of this rule will be on vessels wishing to 
transit the affected waterways during the Parade of Sail on July 28, 
2000. Although this rule prevents traffic from transiting a portion of 
Portland Harbor, that restriction is limited in duration, affects only 
a limited area and has been will publicized, allowing mariners to make 
alternative plans for operating in the affected area. Moreover, the 
magnitude of the event itself would hamper or prevent normal transit of 
the waterway, even absent these regulations, which are designed to 
ensure the Parade is conducted in a safe and orderly fashion.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will 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.
    Because it expects the impact of this rule to be so minimal, the 
Coast Guard certifies under section 601(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601et seq.) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
operate in portions of Portland Harbor. This rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: the restrictions are of limited duration, 
affect only limited areas, and have been well publicized and 
coordinated, allowing affected mariners to make alternative plans for 
operating in the area.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard 
offered to assist small entities in understanding this rule so that 
they could better evaluate its effects on them and participate in the 
rulemaking process. No requests for assistance in understanding this 
rule were received.
    Small businesses may send comments on the actions of the 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 would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this rule under E.O. 13132 and determined that 
this rule does not have implications for federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

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

Environment

    We have considered the environmental impact of this rule and 
concluded that, under Figure 2-1, paragraph 34 (f), (g) and (h), of 
Commandant Instruction M16475.1C, it will have no significant 
environmental impact and it is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and record keeping 
requirements, Waterways.

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard will 
amend 33 CFR Parts 100, 110, and 165 as follows:

PART 100--MARINE EVENTS

    1. The authority for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 
100.35.

    2. Add Temporary Sec. 100.35 T-01-194 to read as follows:


Sec. 100.35T-01-194  Regulated Area, Main Harbor, Portland, Maine.

    (a) Regulated Area. A regulated area is established in the waters 
of Portland Harbor, Outer Harbor, Main Harbor and vicinity within the 
following boundaries: east of the Casco Bay Bridge in the Fore River; 
east of the line drawn from Fish Point at 43 deg.39.9' N-70 deg.14.2' W 
to Back Cove Approach Buoy No. 3 (LLNR 7845) at 43 deg.40.2' N-
70 deg.14.1' W; south of the line thence drawn to Back Cove Approach 
Buoy No. 4 (LLNR 7850) at 43 deg.40.1' N-70 deg.13.3' W; south-
southwest of the line thence drawn to Back Cove Approach Buoy No. 2 
(LLNR 7850) at 43 deg.40.1' N-70 deg.13.3' W; south-southwest of the 
line thence drawn to Casco Bay Channel Buoy No. 2 (LLNR 72535) at 
43 deg.39.8' N-70 deg.12.8' W; south-southwest of the line thence drawn 
to House Island Buoy 1 (LLNR 7220) at 43 deg.39.3' N-70 deg.12.3' W; 
west of the line thence drawn to the northernmost of Cushing Island 
43 deg.38.8' N-70 deg.12.1' W; west of the line from the easternmost 
point of Cushing Island at 43 deg.38.7' N-70 deg.11.4' W to Ram Island 
Ledge (LLNR 7575) at 43 deg.37.9' N-70 deg.11.3' W; north of the line 
thence drawn to Portland Head

[[Page 40519]]

Light (LLNR 7565) at 43 deg.37.4' N-70 deg.12.5' W; thence along the 
shore of South Portland back to the Casco Bay Bridge. All coordinates 
are NAD 1983.
    (b) Enforcement dates: This regulation will be enforced from 11 
a.m. until 4 p.m. on July 28, 2000.
    (c) Special Local Regulations.
    (1) No vessel except OPSAIL MAINE 2000 participating vessels and 
their assisting tugs, spectator vessels, and those vessels exempt from 
the regulations in this action, may enter or navigate within the 
Regulated Area, unless specifically authorized by the Coast Guard 
Captain of the Port, Portland, Maine or his on-scene representative.
    (2) Commercial vessels which need to transit the Regulated Area, 
and are not going to a spectator vessel anchorage, must obtain 
permission from the Coast Guard Captain of the Port, Portland, Maine or 
his on-scene representative, prior to entering the Regulated Area.
    (3) Spectator vessels within the Regulated Area shall remain in 
designated anchorages during the effective period unless specifically 
authorized by the Coast Guard Captain of the Port, Portland, or his on-
scene representative.
    (4) Spectator vessels transiting the Regulated Area must do so at a 
no wake speed, or at speeds not to exceed 5 knots, whichever is less.
    (5) Not withstanding paragraph (c)(1) of this section, no vessel 
other than OPSAIL MAINE 2000, their assisting tugs, and enforcement 
vessels, may enter or navigate within the boundaries of the main 
shipping channel within the Regulated Area unless they are specifically 
authorized to do so by the Coast Guard Captain of the Port, Portland, 
Maine or his on-scene representative. Authorization may be obtained by 
contacting Coast Guard Group Portland on channel 16 VHF-FM. Any vessel 
authorized to enter the Regulated Area during the Parade of Tall Ships 
must not, under any circumstances, cross through the parade, or 
maneuver alongside within 100 yards of any OPSAIL MAINE 2000 vessel.
    (6) No vessel is permitted to anchor in the main shipping channel 
at any time. Vessels which need to anchor to maintain position will 
only do so in designated temporary anchorage areas.
    (7) All persons and vessels shall comply with the instructions of 
on-scene Coast Guard patrol personnel. On-scene patrol personnel 
include commissioned, Warrant and Petty Officers of the Coast Guard on 
board Coast Guard, Coast Guard Auxiliary, or local law enforcement 
vessels.

PART 110--ANCHORAGE GROUNDS

    3. The authority citizen for Part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    4. From July 28 through July 30, 2000 Sec. 110.32 is suspended and 
new Sec. 110.T01-136 is added as follows:


Sec. 110.T01-136  Portland Harbor, ME.

    (a) The anchorages. All anchorages in this paragraph are effective 
as specified. Vessel operators using the anchorages in this paragraph 
must comply with the general operational requirements specified in 
paragraph (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage B.
    (i) That area bounded by the following points; 43 deg.39.5' N-
70 deg.13.25' W (Fort Gorges Island Ledge Buoy 4. LLNR 7685); 
43 deg.39.8' N-70 deg.12.8' W; 43 deg.39.4' N-70 deg.12.4' W; 
43 deg.39.1' N-70 deg.12.9' W (NAD 1983).
    (ii) Anchorage B is intended for general purposes, but especially 
for use by oil tankers and other large deep-draft ships entering harbor 
at night and intending to proceed to the dock allotted at daylight the 
following morning or as soon as practicable. This area is also to be 
used for quarantine anchorage. Vessels must be so anchored in this area 
as to leave at all times an open usable channel at least 100 feet wide 
for passage of ferry and other boats between Portland and islands in 
Luckse Sound and Hussey Sound. Any vessels anchored in this area shall 
be ready to move on short notice when ordered to do so by the Captain 
of the Port, or on scene Coast Guard patrol personnel.
    (2) Anchorage C.
    (i) That area bounded by the following points: the eastern most 
point on House Island 43 deg.39.2' N-70 deg.12.4' W, to the point on 
Cushing Island at 43 deg.38.8' N-70 deg.12.1' W; thence along the 
western shore of Cushing Island to its southernmost point at 
43 deg.38.1' N-70 deg.12.4' W; to Maine Approach Lighted Bell Buoy 
``12'', (LLNR 7580) at 43 deg.38.0' N-70 deg.12.5' W; to Fort Scammel 
Point Light 2 (LLNR 7605) at 43 deg.38.9' N-70 deg.12.9' W; thence 
along the south-eastern shoreline to the beginning. (All positions NAD 
1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (3) Spectator Anchorage D.
    (i) That area bound by the following points: Spring Point Ledge 
Light (LLNR 7610) at 43 deg.39.1' N-70 deg.13.5' W (NAD 1983); to 
Portland Head Light, (LLNR 7565) 43 deg.37.4' N-70 deg.12.5' W (NAD 
1983); thence along the shoreline of South Portland to the point of 
beginning. (All positions NAD 1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (4) Spectator Anchorage E.
    (i) That area bounded by the following points: the eastern most 
point of Cushing Island at 43 deg.38.7' N-70 deg.11.3' W; to Ram Island 
Ledge Light (LLNR 7575) at 43 deg.37.9' N-70 deg.11.3' W; to the 
floating aid to navigation Maine Approach Lighted Bell Buoy ``12'', 
(LLNR 7580) at 43 deg.38.0' N-70 deg.12.5' W; to the southern most 
point of Cushing Island; thence along the south-eastern shore to the 
point of beginning. (All positions NAD 1983.)
    (ii) This anchorage is intended for use by small vessels and for 
temporary anchorages.
    (b) Enforcement dates: This section will be enforced from 11 a.m. 
until 4 p.m. on July 28, 2000.
    (c) Regulations. Vessel operators using any of the anchorages 
established in this section shall:
    (i) ensure their vessels remain safety in position under all 
prevailing conditions.
    (ii) Comply as directed by on-scene Coast Guard patrol personnel. 
On-scene Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, or local law enforcement vessels.
    (iii) Vacate anchorages after termination of the effective period 
for those areas.
    (iv) Not leave vessels unattended in any anchorage or spectator 
area at any time.
    (v) Not tie off to any buoy.
    (vi) Not maneuver between anchored vessels.
    (vii) Not nest or tie off to other vessels in that anchorage or 
spectator area.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

    5. The authority citation for Part 165 continues to read:

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 
and 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

    6. Add new Sec. 165.T01-195 to read as follows:


Sec. 165.T01-195  Safety Zone: OPSAIL Maine 2000 Fireworks Display, 
Portland Harbor, Portland, ME.

    (a) Location. The following area is a safety zone: All waters in a 
1500-foot radius of a pyrotechnics barge located at approximate 
position 43 deg.40'07" N-70 deg.13'45" W (NAD 1983).

[[Page 40520]]

    (b) Effective dates. This regulation is effective from 9 p.m. until 
11 p.m. on July 28, 29 and 30, 2000 respectively.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) Vessel operators must maneuver as directed by on-scene Coast 
Guard patrol personnel. On scene Coast Guard patrol personnel include 
commissioned, warrant, and petty officers of the Coast Guard on board 
Coast Guard, Coast Guard Auxiliary, or law enforcement vessels.

    Dated: June 21, 2000.
R.F. Duncan,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District, Boston, Massachusetts.
[FR Doc. 00-16625 Filed 6-29-00; 8:45 am]
BILLING CODE 4910-15-M