Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules 75201

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(c) Special flight permits will not be

issued.

Note 5: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 1998–171–039(A)R2 and 1998–

170–056(A)R2, both dated January 12, 2000.

Issued in Fort Worth, Texas, on November

14, 2000.

Michele M. Owsley,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–30653 Filed 11–30–00; 8:45 am]

BILLING CODE 4910–13–C

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 210–2000]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: The Department of Justice

proposes to exempt a Privacy Act

system of records from subsections (c)

(3) and (4), (d), (e)(1), (e)(2), (e)(4)(G)

and (H), (e)(5), (f), and (g) of the Privacy

Act, 552 U.S.C. 552a. The system of

records is: the ‘‘United States Attorneys’

Office, Giglio Information Files,

JUSTICE/USA–018.’’

The ‘‘United States Attorneys’ Office,

Giglio Information Files, JUSTICE/USA–

018’’ enables United States Attorneys’

offices to maintain and disclose records

of potential impeachment information

received from the Department’s

investigative agencies, in accordance

with Giglio v. United States, 405 U.S.

150 (1972). It permits the United States

Attorneys’ offices to obtain from federal

and state agencies and to maintain and

disclose for law enforcement purposes

records of impeachment information

that is material to the defense. The

exemptions are necessary as explained

in the accompanying rule.

DATES: Submit any comments by

January 2, 2001.

ADDRESSES: Address all comments to

Mary Cahill, Management Analyst,

Management and Planning Staff, Justice

Management Division, Department of

Justice, Washington, DC 20530 (Room

1400, National Place Building).

FOR FURTHER INFORMATION CONTACT:

Mary Cahill—202–307–1823.

SUPPLEMENTARY INFORMATION: In the

notice section of today’s Federal

Register, the Department of Justice

provides a description of the ‘‘Giglio

Information Files, JUSTICE/USA–018.’’

This order relates to individuals rather

than small business entities.

Nevertheless, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–602, it is

hereby stated that the order will not

have ‘‘a significant economic impact on

a substantial number of small entities.’’

List of Subjects in Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Government in the

Sunshine Act, and the Privacy Act.

Dated: November 21, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, it is proposed to

amend part 16 of Title 28 of the Code

of Federal Regulations as follows:

PART 16—[AMENDED]

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. It is proposed to amend § 16.81 by

redesignating current paragraph (g) as (i)

and adding paragraphs (g) and (h) to

read as follows:

§ 16.81 Exemption of the United States

Attorneys Systems-limited access.

* * * * *

(g) The Giglio Information Files

(JUSTICE/USA–018) system of records

is exempt from 5 U.S.C. 552a

subsections (c)(4), (e)(2), (e)(5), and (g)

of the Privacy Act, pursuant to 5 U.S.C.

552a (j)(2), and exempt from subsections

(c)(3), (d), (e)(1), (e)(4)(G) and (H), and

(f), pursuant to 5 U.S.C. 552a (j)(2) and

(k)(2). These exemptions apply to the

extent that information in this system is

subject to exemption pursuant to 5

U.S.C. § 552a(j)(2) and (k)(2).

(h) Exemptions from the particular

subsections are justified for the

following reasons:

(1) From subsection (c)(3); because an

exemption is being claimed for

subsection (d), this subsection will not

be applicable.

(2) From subsection (c)(4); because an

exemption is being claimed for

subsection (d), this subsection will not

be applicable.

(3) From subsection (d); because

access to the records contained in these

systems is not necessary or may impede

an ongoing investigation. Most

information in the records is derivative

from the subject’s employing agency

files, and individual access will be

through the employing agency’s files.

Additionally, other information in the

records may be related to allegations

against an agent or witness that are

currently being investigated. Providing

access to this information would

impede the ongoing investigation.

(4) From subsection (e)(1); because in

the interests of effective law

enforcement and criminal prosecution,

Giglio records will be retained because

they could later be relevant in a

different case; however, this relevance

cannot be determined in advance.

(5) From subsection (e)(2); because the

nature of the records in this system,

which are used to impeach or

demonstrate bias of a witness, requires

that the information be collected from

others.

(6) From subsections (e)(4) (G) and

(H); because this system of records is

exempt from individual access pursuant

to subsections (j) and (k) of the Privacy

Act of 1974.

(7) From subsection (e)(5); because the

information in these records is not being

used to make a determination about the

subject of the records. According to

constitutional principles of fairness

articulated by the Supreme Court in

United States v. Giglio, the records are

required to be disclosed to criminal

defendants to ensure fairness of

criminal proceedings.

(8) From subsection (f); because

records in this system have been

exempted from the access provisions of

subsection (d).

(9) From subsection (g); because

records in this system are compiled for

law enforcement purposes and have

been exempted from the access

provisions of subsections (d) and (f).

* * * * *

[FR Doc. 00–30610 Filed 11–30–00; 8:45 am]

BILLING CODE 4410–07–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 97

[USCG 2000–7080]

RIN 2115–AF97

Cargo Securing on Vessels Operating

in U.S. Waters

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

regulations to implement cargo securing

standards for U.S. and foreign vessels,

75202 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules

carrying general cargoes and hazardous

materials on international voyages, to

parallel the new requirements in

Chapter VI and VII of the International

Convention for the Safety of Life at Sea

(SOLAS). The Coast Guard is also

seeking comments on five options for

the future development of cargosecuring regulations for U.S.-certificated

vessels carrying hazardous materials in

domestic coastwise trade.

DATES: Comments and related material

must reach the Docket Management

Facility on or before March 1, 2001.

ADDRESSES: To make sure your

comments and related material are not

entered more than once in the docket,

please submit them by only one of the

following means:

(1) By mail to the Docket Management

Facility (USCG 2000–7080), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By hand delivery to 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.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments and material

received from the public, as well as

documents mentioned in this preamble

as being available in the docket, will

become part of this docket and will be

available for inspection or copying at

room PL–401 on the Plaza level of the

Nassif Building, 400 Seventh Street

SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday,

except Federal holidays. You may also

find this docket on the Internet at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

questions on this proposed rule, please

contact Mr. Bob Gauvin, Project

Manager, Office of Operating and

Environmental Standards, Commandant

(G–MSO–2), U.S. Coast Guard,

telephone 202–267–1053. For questions

on viewing or submitting material to the

docket, call Dorothy Beard, Chief,

Dockets, Department of Transportation,

telephone 202–366–9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments and related material. If you

do so, please include your name and

address, identify the docket number for

this rulemaking (USCG 2000–7080),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. You may submit your

comments and material by mail, hand

delivery, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please

submit your comments and material by

only one means. If you submit them by

mail or hand delivery, submit them in

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they

reached the Facility, please enclose a

stamped, self-addressed postcard or

envelope. We will consider all

comments and material received during

the comment period. We may change

this proposed rule in view of them.

Public Meeting

A public meeting was held on this

matter in Room 2415 of the Coast

Guard’s Headquarters Building in

Washington, DC, on February 3, 1999. A

notice of that meeting and its agenda

was published in the Federal Register

(64 FR 1648) on January 11, 1999.

We do not now plan to hold any

further public meetings, but you may

submit a request for one to the Docket

Management Facility at the address

under ADDRESSES explaining why one

would be beneficial. If we determine

that another meeting would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

Several maritime incidents during the

early 1990’s underscored the risk of

serious injury or death, vessel loss,

property damage, and environmental

damage caused by improperly secured

cargo aboard vessels. The most wellknown incident occurred off the New

Jersey coast in early 1992. During a

voyage in bad weather, the M/V Santa

Clara I lost 21 containers overboard,

including 4 containers of the hazardous

material, arsenic trioxide.

The Coast Guard convened a Board of

Inquiry to investigate the M/V Santa

Clara I mishap. The Board found that

the container losses were caused by

cargo securing failures related to bad

weather and human error. Based on its

findings, the Board recommended

adopting the International Maritime

Organization’s (IMO) voluntary

guidelines on cargo securing manuals as

regulations in the International

Convention for the Safety of Life at Sea,

1974 (SOLAS). The Commandant

approved the Board’s recommendation.

With the support of other IMO member

governments, the U.S. led a proposal to

include new requirements for cargo

securing manuals in SOLAS. These

requirements were adopted as part of

the 1994 amendments to SOLAS. These

requirements are located in SOLAS

Chapters VI/5.6 and VII/6.6.

Under SOLAS, all cargo vessels

engaged on international voyages and

equipped with cargo securing systems

or individual securing arrangements

must have a Flag State approved Cargo

Securing Manual (CSM) by December

31, 1997. Under SOLAS and Executive

Order 12234—which authorizes the

Secretary to issue regulations that

implement SOLAS—these requirements

for a cargo securing manual apply to all

U.S.-flag cargo vessels of 500 gross tons

or more, engaged in international trade.

Vessel types affected include generalcargo vessels, cellular containerships,

roll-on/roll-off vessels, passenger/cargo

vessels, supply vessels, bulk vessels

capable of carrying non-bulk cargo,

heavy lift ships, freight ships carrying

packaged or break-bulk cargoes, and

other similar vessels. Any vessel

engaged solely in the carriage of bulk

solids or liquid cargoes is exempt by

SOLAS from the requirements for a

cargo-securing manual.

To conform to these SOLAS

requirements, CSMs must provide upto-date information and guidance to

assist a vessel’s master and crew

regarding the proper use of the

equipment available to adequately stow

and secure the vessel’s cargo.

U.S. Coast Guard Navigation and

Vessel Inspection Circular 10–97 (NVIC

10–97), ‘‘Guidelines for Cargo Securing

Manual Approval,’’ provides interim

guidance for U.S-flag vessel compliance

with the SOLAS requirements. The

NVIC includes CSM submittal, review,

approval, and appeal procedures. A

copy of the NVIC is available in the

public docket or on the Internet at

http://www.uscg.mil/hq/g-m/nvic/.

Problems with cargo securing are not

limited to vessels engaged only in

international trade. There have been a

number of cargo-related marine

casualties (such as loss overboard of

containerized hazardous material)

involving U.S.-flag vessels engaged in

U.S. domestic coastwise trade. The

majority of domestic marine casualties

were caused by poor cargo securing

methods, inadequate equipment, and

poor planning and management of

personnel securing cargo.

Changes in the technology of

transporting hazardous materials,

mostly in container feeder service using

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules 75203

deck barges instead of ships within the

U.S., have altered the management and

oversight of cargo securing operations.

These types of operations have had a

significant number of cargo loss

incidents over the last 5 years. These

cargo losses have directly affected the

safety at the arrival port facilities;

introduced hazardous materials into

U.S. domestic waters, and hazard the

safety of the public in ports and along

adjacent waterways used by commercial

traffic. Because of this trend and the

resulting increased risk of harm to the

public and the environment, the Coast

Guard is considering the need for cargo

securing requirements for U.S. vessels

engaged in U.S. domestic coastwise

trade.

On February 3, 1999, the Coast Guard

held a public meeting to collect

comments on the need for U.S.

regulations for national and

international vessel cargo securing

standards. The notice requested written

and verbal comments that could be

provided before, at, and after the

meeting. Two written comments were

received. You may view them at the

public docket (USCG 1999–4951) on the

Internet at http://dms.dot.gov. The

meeting featured a presentation,

including Coast Guard-collected

casualty and risk-based information, as

well as Coast Guard actions to date. The

14 members of the public and maritime

industry who attended provided no

verbal comments.

We contacted the Towing Safety

Advisory Committee (TSAC) on this

issue during the summer of 1999, and

its executive staff decided to place this

issue on its agenda for the TSAC’s

September 15, 1999 working meeting.

At that meeting, a separate TSAC

Container Barge Working Group was

established, met, and discussed cargo

securing operational standards within

their industry. Several operational

managers for container barge companies

attended the Working Group session

and spoke on their industry standards

for cargo securing. The Working Group

discussed whether there was a need for

national cargo securing standards and

options for reducing risk from

hazardous material cargo transportation

entailing cargo securing.

The Coast Guard has developed its

proposal for options to develop national

regulatory standards in line with the

information received from the public

meeting and TSAC Working Group

session.

Discussion of Proposed Rule

International Requirements for Cargo

Securing

The incorporation of the international

standards from SOLAS for cargo

securing in U.S. regulations is being

completed under the Secretary’s

authority provided by 46 U.S.C.

3306(a)(1). Section 3306 contains broad

authority to prescribe regulations for the

proper inspection and certification of

vessels and their fittings, equipment and

appliances. It also provides regulatory

flexibility for meeting technological

changes.

The Coast Guard has developed

proposed regulations that it intends to

place in a new part 97 in Title 33, Code

of Federal Regulations, Subchapter F,

‘‘Vessel Operating Regulations.’’ This

new part 97 will be consistent with the

rules provided by Chapter VI,

Regulation 5(6) and Chapter VII,

Regulation 6(6) and IMO recommended

guidelines on the development and

approval of CSMs for vessels applicable

to SOLAS. This new part will

describe—

(a) Applicability of and authorities for

the cargo securing rules;

(b) Required elements for cargo

securing systems;

(c) Enforcement actions for failure to

comply with the part while operating in

U.S. waters; and

(d) Ability for an organization to

become an approval authority of CSMs

for the U.S.

Domestic Requirements for Cargo

Securing

At this point, the Coast Guard is not

proposing regulations for U.S. vessels

carrying hazardous materials as breakbulk or containerized cargoes in U.S.

domestic coastwise trade. Rather, the

Coast Guard is seeking comments on

five options for the future development

of national standards for these

operations.

Option One: The Coast Guard

develops regulations for the above

described U.S. vessels that meet the

same standards proposed for vessels

required to meet the SOLAS

requirements listed in this rulemaking

as part of the new 33 CFR part 97.

Option Two: The Coast Guard

develops regulations that allow

companies to institute their own

operational cargo securing and safety

management standards for their

vessel(s). These written standards

would be submitted for approval by the

Coast Guard, or to a recognized cargo

standards organization selected by the

Coast Guard for review and approval. If

the vessel’s company has already

established cargo securing standards

within a U.S.-certificated safety

management system that meets 33 CFR

part 96, this would be viewed as being

equivalent to these requirements. The

Coast Guard would amend and republish NVIC 10–97 to provide

guidance on the minimum performance

elements required for the company’s

cargo securing procedures or cargo

securing manual. The Coast Guard

would oversee the use of these

procedures during vessel inspections

and during normal, routine port safety

monitoring of the vessel.

Option Three: The Coast Guard

develops regulations that require a

certificate of loading and securing, prior

to a vessel’s departure for sea, only

when it will transport hazardous

materials which come under the

requirements of 49 CFR part 176. If the

vessel is not carrying hazardous

materials, it would not be required to be

surveyed or have a cargo certificate for

that voyage. A certificate for the cargo

load would be received by the vessel’s

master, who would hire a Coast Guard

recognized cargo surveying organization

to survey the secured cargoes aboard the

vessel before it departs from port. These

regulations would establish standards

for cargo surveying organizations to be

recognized by the Coast Guard and

enforcement authorities of the Coast

Guard for violation of these regulations.

Option Four: The Coast Guard would

develop regulations which would

combine all three of the previously

written options, allowing a vessel’s

owner to choose how to meet the

regulations when a vessel would carry

hazardous materials in domestic trade.

Option Five: The Coast Guard would

not develop separate Federal cargo

stowage and securing regulations but

would incorporate by reference industry

standards (developed in concert with

TSAC) into regulations for coastwiseoperating U.S. vessels. The Coast Guard

would amend and re-publish NVIC 10–

97 to provide guidance on the use of

these industry standards and provide

guidelines on how the industry would

manage and internally audit the use of

the standards by vessel personnel. The

Coast Guard would externally audit the

use of these incorporated standards and

review records of their use during

normal U.S-vessel inspections for

certification or during routine port

safety monitoring of the vessels.

The applicability for these standards

would be for any U.S. vessel which—

(a) Is of 300 gross tons or more;

(b) Carries hazardous materials other

than bulk solids or bulk liquids;

(c) Meets the requirements to hold a

U.S. Coast Guard Certificate of

75204 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules

Inspection under 46 CFR subchapter I

(Parts 90–105); and

(d) Is certificated for domestic

operation on coastwise voyages within

the United States.

The Coast Guard proposes to place

such regulations in 46 CFR part 91 and

does not expect that these national

standards will be applicable to U.S.

vessels that operate only on inland

waterways and rivers; lakes, bays, and

sounds; or Great Lakes routes.

The Coast Guard requests that

respondents, in their written comments

about the five proposed options for

domestic coastwise vessel operations,

list which option they support, and

explain the reason for their support.

Respondents should also provide

reasoning for not supporting the other

four options, and they may offer any

other proposals that they think we

should consider to ensure the safety of

the stowage and securing of hazardous

materials in U.S. domestic coastwise

trade.

Regulatory Evaluation

This proposed 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).

Since this action parallels existing

international requirements, which

became effective on December 31, 1997,

already enforced on vessels in that

trade, we expect no economic impact

from this proposed rule and a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this proposed rule would have

a significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard reviewed the effects

of this enforcement policy when

publishing its NVIC 10–97 on November

7, 1997. It is expected that this policy

will not impact small entities, as there

are few, if any, small entities that own

or operate the craft affected by these

proposed regulations.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed

rule would not have a significant

economic impact on a substantial

number of small entities. If you think

that your business, organization, or

governmental jurisdiction qualifies as a

small entity and this rule would have a

significant economic impact on it,

please submit a comment to the Docket

Management Facility at the address

under ADDRESSES. In your comment,

explain why you think your business,

organization, or governmental

jurisdiction qualifies and how and to

what degree this rule would

economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule so that

they can better evaluate its effects on

them and participate in the rulemaking.

If the rule would affect your small

business, organization, or governmental

jurisdiction, and you have questions

concerning its provisions or options for

compliance, please consult with: Mr.

Bob Gauvin, Project Manager, Office of

Operating and Environmental

Standards, Commandant (G–MSO–2),

U.S. Coast Guard, at 202–267–1053, by

facsimile 202–267–4570, or by email at

rgauvin@comdt.uscg.mil.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

For vessels complying with SOLAS,

this proposed rule has collection-ofinformation requirements already

covered by the SOLAS Cargo Ship

Safety Equipment Certificate (CG–3347),

approved under the Office of

Management and Budget (OMB) control

number 2115–0056. For vessels that

must comply with U.S-certification

requirements, this proposed rule has

collection-of-information requirements

already covered under the U.S. Coast

Guard’s Certificate of Inspection (CG–

841), approved under OMB control

number 2115–0517.

Federalism

We have analyzed this proposed rule

under Executive Order 13132,

Federalism.

It is well settled that States are

precluded from regulating in categories

that are reserved for regulation by the

Coast Guard. It is also well settled, now,

that all of the categories covered in 46

U.S.C. 3306 (design, construction,

alteration, repair, maintenance,

operation, and equipping of vessels, and

cargo handling) are within the field

foreclosed from State regulation. See

United States v. Locke 120 S. Ct. 1135

(2000); Ray v. Atlantic Richfield Co.,

435 U.S. 151 (1978). The exercise of

State authority would conflict with the

exercise of Federal authority under

Federal Statute. Also see International

Association of Independent Tank Vessel

Owners (Intertanko) v. Locke, 148 F.3d

1053 (9th Cir. 1998). Thus, this rule falls

into the above-mentioned categories,

thereby precluding States from

regulating. Because States may not

promulgate rules within these

categories, preemption is not an issue

under Executive Order 13132.

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 regulatory actions not specifically

required by law. 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 proposed

rule would not result in such an

expenditure, we do discuss the effects of

this rule elsewhere in this preamble.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed rule

under Executive Order 13045,

Protection of Children from

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules 75205

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 considered the environmental

impact of this proposed rule and

concluded that, under figure 2–1,

paragraph (34)(e), of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. The

intent of these proposed rules is to

ensure proper securing of cargoes to

stop losses overboard of materials that

can cause damage to the environment.

We expect these regulations to have an

indirect, positive effect on the

environment, by reducing the frequency

of accidental discharges of general and

hazardous material cargoes in the ports

and waterways of the U.S. and the

world. A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 97

Cargo stowage and securing, Cargo

vessels, Hazardous materials,

Incorporation by reference, Reporting

and recordkeeping requirements.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR Chapter I as follows:

PART 97—[ADDED]

1. Add part 97 to Subchapter F read

as follows:

PART 97—RULES FOR THE SAFE

OPERATION OF VESSELS, STOWAGE

AND SECURING OF CARGOES

Subpart A—General

Sec.

97.100 Purpose.

97.110 To whom does this subpart apply?

97.120 Definitions.

97.130 Incorporation by reference.

Subpart B—Cargo Securing Manual

97.200 To whom does this subpart apply?

97.210 Cargo Securing Manual (CSM)—

General.

97.220 Cargo securing devices and

arrangements.

97.230 Inspection and maintenance of cargo

securing devices.

97.240 Handling and safety instructions for

cargo securing devices.

97.250 Evaluation of forces acting on cargo

units and securing devices.

97.260 Use of portable cargo securing

devices on various cargoes.

97.270 Special requirements for RO–RO

vessels or bulk carriers.

97.280 Stowage and securing of containers

and other standardized cargoes.

Subpart C—How will Cargo Securing

Manual Requirements be Approved and

Enforced?

97.300 Purpose.

97.310 To Whom does this subpart apply?

97.320 How do I receive approval on a U.S.

vessel’s Cargo Securing Manual?

97.330 When I amend an approved Cargo

Securing Manual, will the amendments

have to be reviewed and approved by a

U.S. Cargo Securing Manual Approval

Authority?

97.340 How do I appeal a decision made by

a U.S. Cargo Securing Manual Approval

Authority?

97.350 How will the Coast Guard handle

compliance and enforcement of these

regulations?

Subpart D—Authorization of an

Organization to Act on Behalf of the U.S.

97.400 Purpose.

97.410 To whom does this regulation

apply?

97.420 How does an organization submit a

request to be authorized to approve

Cargo Securing Manuals for U.S. vessels?

97.430 How will the Coast Guard decide

whether to approve an organization’s

request to be authorized?

97.440 What happens if the Coast Guard

disapproves an organization’s request to

be authorized?

97.450 How will I know what the Coast

Guard requires of my organization if my

organization receives authorization?

97.460 How does the Coast Guard terminate

an organization’s authorization?

97.470 What is the status of a certificate if

the issuing organization has its authority

terminated?

97.480 What further obligations exist for an

organization if the Coast Guard

terminates its authorization?

Authority: 46 U.S.C. 2103 and 3306 et.

seq.; 49 CFR 1.46.; and E.O. 12234.

Subpart A—General

§ 97.100 Purpose.

This subpart implements the

requirement that certain vessels

operating in U.S. waters on

international voyages, carrying general

and hazardous materials as break-bulk

or containerized cargoes must comply

with Chapter VI/5 and VII/6 of the

International Convention for the Safety

of Life at Sea (SOLAS), 1974, stowage

and securing requirements (adopted in

London on May 24, 1994, and effective

on December 31, 1997).

Note: All chapters of SOLAS are available

from the International Maritime

Organization, Publication Section, 4 Albert

Embankment, London, SE1 75R, United

Kingdom, Telex 23588. Please indicate

document reference number ‘‘IMO–110E’’ in

your request.

§ 97.110 To whom does this subpart

apply?

This subpart applies to you if—

(a) You are the master of a U.S. vessel

and it must comply to Chapter VI/5 or

Chapter VII/6 of SOLAS due to the cargo

the vessel carries on international

voyages;

(b) You are the master of a foreign

vessel and it must comply to Chapter

VI/5 or Chapter VII/6 of SOLAS due to

the cargo the vessel carries on

international voyages;

(c) You are the owner of a U.S. vessel

that is not required to meet Chapter VI/

5 or Chapter VII/6 of SOLAS but request

application of this subpart.

(d) You are an organization applying

to be selected as a U.S. CSM Approval

Authority to review and issue approval

certification on CSMs for U.S.-flag

vessels.

§ 97.120 Definitions.

As used in this part—

Administration means the

Government of the State whose flag the

ship is entitled to fly.

Cargo securing devices means all

fixed and portable devices used to

secure and support cargo units to a ship.

Cargo Securing Manual (CSM) means

a manual or documents developed to

meet the requirements of SOLAS or this

part that are used by the Master of a

cargo vessel to instruct and provide

reference on how to properly stow and

secure cargoes on the vessel for which

it is developed.

CSM Approval Authority means an

organization recognized by the

Commandant of the Coast Guard which

meets the requirements of subpart D, 33

CFR part 97, and has been authorized

under this part to conduct certain

actions and issue approval letters on

behalf of the United States.

Captain of the Port (COTP) means the

U.S. Coast Guard officer as described in

33 CFR 6.01–3, commanding a Captain

of the Port zone described in 33 CFR

part 3, or that person’s authorized

representative.

Cargo unit means vehicles (road

vehicles, roll trailers, etc.), railway

wagons, containers, flats, pallets,

portable tanks, intermediate bulk

containers (IBC), packaged units, unit

loads, other cargo units such as

shipping cassettes, cargo entities such as

steel coils and heavy cargo items such

as locomotives and transformers.

Loading equipment, or any part thereof,

transported on the ship, but which is

not permanently fixed to the ship, is

also considered a cargo unit.

Hazardous material means a

substance or material, determined by

the Secretary of Transportation to be

75206 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules

capable of posing an unreasonable risk

to health, safety, and property when

transported in commerce, and which

has been so designated. The term

includes hazardous substances,

hazardous wastes, marine pollutants,

and elevated temperature materials as

defined in 49 CFR part 171, materials

designated as hazardous under the

provisions of 49 CFR 172.101, and

materials that meet the defining criteria

for hazard classes and divisions in 49

CFR part 173.

Maximum Securing Load (MSL)

means the allowable load capacity for a

device used to secure cargo to a ship.

Safe Working Load (SWL) may be

substituted for MSL for securing

purposes provided this is equal to or

exceeds the strength defined by MSL.

Non-standardized cargo means cargo

that requires individual stowage and

securing arrangements.

Officer In Charge, Marine Inspection

(OCMI) means the U.S. Coast Guard

officer as described in 46 CFR 1.01–

15(b), in charge of an inspection zone

described in 33 CFR part 3, or that

person’s authorized representative.

Semi-standardized cargo means cargo

for which the ship is provided a

securing system capable of

accommodating a limited variety of

cargo units, such as vehicles, trailers,

etc.

SOLAS means the International

Convention for the Safety of Life at Sea,

1974, as amended.

Standardized cargo means cargo for

which the ship is provided an approved

securing system based upon cargo units

of a specific type.

Vessel engaged on an international

voyage means a vessel to which this part

applies that is—

(1) Arriving at a place under the

jurisdiction of the United States from a

place in a foreign country;

(2) Making a voyage between places

outside of the United States; or

(3) Departing from a place under the

jurisdiction of the United States and for

a place in a foreign country.

§ 97.130 Incorporation by reference.

(a) The Director of the Federal

Register approves certain material that

is incorporated by reference into this

subpart under 5 U.S.C. 552(a) and 1 CFR

part 51. To enforce the edition other

than specified in paragraph (b) of this

section, the Coast Guard must publish

notice of the change in the Federal

Register and the material must be

available to the public. You may inspect

all material at the Office of the Federal

Register, 800 North Capitol St., NW.,

Suite 700, Washington, DC, and at the

U.S. Coast Guard Office of Design and

Engineering Standards (G–MSE), 2100

Second St., SW., Washington, DC

20593–0001, and receive it from the

source listed in paragraph (b) of this

section.

(b) The material approved for

incorporation by reference in this

subpart and the sections affected are as

follows:

International Maritime Organization

(IMO)

4 Albert Embankment, London, SE1

7SR, United Kingdom:

Assembly Resolution 533(13)

(Res.A.533(13)), Elements to be taken

into account when considering the

Safe Stowage and Securing of Cargo

Units and Vehicles in Ships,

November 17, 1983–97—subpart B.

Assembly Resolution 581(14)

(Res.A.581(14)), Guidelines for

Securing Arrangements for the

transport of Road Vehicles on RO–RO

Ships, November 20, 1985–97—

subpart B.

Maritime Safety Committee Circular 745

(MSC/Circ. 745), Guidelines for the

Preparation of the Cargo Securing

Manual, June 13, 1996–97—subpart B

and C.

Subpart B—Cargo Securing Manual

§ 97.200 To whom does this subpart

apply?

This subpart applies to—

(a) A U.S. cargo vessel of 500 gross

tons or more that must comply to

Chapter VI/5 or Chapter VII/6 of SOLAS

and that does not solely carry liquid or

solid cargoes in bulk on international

voyages;

(b) A foreign cargo vessel of 500 gross

tons or more that must comply to

Chapter VI/5 or Chapter VII/6 of SOLAS

and that does not solely carry liquid or

solid cargoes in bulk on international

voyages;

(c) Any U.S. cargo vessel that is not

required to meet Chapter VI/5 or

Chapter VII/6 of SOLAS but requests

application of this subpart.

§ 97.210 Cargo Securing Manuals (CSM)—

General.

(a) Each vessel that must meet this

part must have a manual on board that

has been approved by its Flag

Administration that, at a minimum, is

developed with chapters or sections that

cover the following subjects:

(1) Securing devices and

arrangements.

(2) Inspection and maintenance of

cargo securing systems.

(3) Stowage and securing of nonstandardized and semi-standardized

cargo.

(4) Stowage and securing of

containers and other standardized cargo.

(b) The information and requirements

that are developed in the CSM must be

consistent with—

(1) The vessel’s trim and stability

booklet;

(2) The vessel’s International Load

Line Certificate;

(3) The vessel’s hull strength loading

manual (if provided); and

(4) The requirements of 49 CFR part

176 if applicable to the cargoes being

carried.

Note to paragraph (b): The guidance

provided by the CSM should by no means

rule out the principles of good seamanship,

nor can it replace experience in stowage and

securing practices.

(c) The CSM must describe the

specific arrangements and cargo

securing devices provided on board the

vessel for use with and securing of cargo

units, containers, vehicles, and other

entities.

(d) Cargo securing instructions must

be developed within the CSM based on

the transverse, longitudinal and vertical

forces that may arise during a vessel

voyage due to adverse sea and weather

conditions.

(e) The CSM must contain guidance

that—

(1) Directs when cargo securing

should be completed; and

(2) Explains how the cargo securing

should be accomplished, by whom, with

what securing devices, and to which

specific securing points or fittings on

the vessel. This guidance should

recommend how often the securing

needs to be examined during a vessel’s

voyage at sea to ensure that the securing

system has not failed or loosened due to

vessel movement through a heavy

seaway or adverse weather conditions.

(f) The cargo securing devices

described in a vessel’s CSM should be

suitable and adaptable to the quantity,

type of packaging, and physical

properties of the cargo being carried.

(g) The description of the cargo

securing devices should show the

number of securing devices needed to

properly secure cargo in line with the

guidelines of the CSM, and list where

and how many reserve cargo securing

devices are to be kept in the vessel’s

inventory.

(h) The CSM should include

information on the strength of MSL, and

instructions for use and maintenance of,

specific cargo securing devices carried

aboard the vessel.

§ 97.220 Cargo securing devices and

arrangements.

(a) The CSM must provide

descriptions of the fixed cargo securing

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules 75207

devices provided aboard the vessel,

which must include the following:

(1) A list, a plan, or both of the fixed

cargo securing devices aboard the vessel

with a description and specification for

the devices, which includes the—

(i) Name of the device’s manufacturer;

(ii) Type designation of the device

with a simple sketch for ease of

identification;

(iii) Materials the devices are made of;

(iv) Identification markings;

(v) Strength test results or ultimate

tensile strength test results;

(vi) Results of non-destructive testing;

and

(vii) Securing device’s maximum

securing load (MSL).

(2) Fixed securing devices attached to

a vessel’s bulkheads, web frames,

stanchions, decks or other vessel

structures must be listed in the CSM by

type, where provided, and include each

device’s MSL.

(3) For vessels that were existing

when these regulations became effective

under SOLAS (after December 31, 1997)

with standardized fixed securing

devices, the information on the device’s

MSL and location of securing points is

acceptable.

(b) The CSM must provide

descriptions of portable cargo securing

devices provided to the vessel, which

must include the following:

(1) A list of the portable cargo

securing devices provided aboard the

vessel and specification for the device,

which includes the—

(i) Name of the device’s manufacturer;

(ii) Type designation of the device

with a simple sketch for ease of

identification;

(iii) Materials the device is made of,

including its safe operational

temperatures;

(iv) Identification markings;

(v) Strength test results or ultimate

tensile strength test results;

(vi) Results of non-destructive testing;

and

(vii) Portable securing device’s

maximum securing load (MSL).

(2) These lists should include the use

and MSL for each portable securing

device carried aboard the vessel,

including but not limited to container

stacking fittings, container deck

securing fittings, fittings for interlocking

of containers, bridge fittings, chains,

wire lashings, rods, tensioners, securing

gear for automobiles and other vehicles,

and trestles and jacks used for vehicle

trailers.

(3) Other materials that support

securing, such as anti-skid boards,

should also be listed in the portable

securing device section of the CSM.

§ 97.230 Inspection and maintenance of

cargo securing devices.

The CSM must have a chapter or

section on the inspection of all the

vessel’s cargo securing devices. These

securing device inspections must be

carried out under the responsibility of

the vessel’s master. This chapter or

section should include—

(a) A listing of requirements or a

timeline for the inspection or re-testing

of fixed and portable cargo securing

devices aboard the vessel as required by

regulatory equipment standards;

(b) A listing of requirements for when

and how to complete visual

examinations of all the vessel’s onboard

fixed and portable cargo securing

system devices;

(c) Procedures for accepting,

maintaining, repairing or rejecting fixed

or portable cargo securing devices

during examination, re-testing, or use;

and

(d) A record book section to keep the

vessel’s records of the inspections, retesting and maintenance completed on

the vessel’s fixed or portable cargo

securing devices.

Note to paragraph (d): Electronic means of

keeping records required by this section are

considered acceptable for meeting this

requirement.

§ 97.240 Handling and safety instructions

for cargo securing devices.

A chapter or section of the CSM must

discuss the proper ways to handle

securing devices, and provide safety

instructions relating to the handling of

securing devices by ship or shore

personnel when securing and

unsecuring units of cargo aboard the

vessel. This written information should

include specific safety instructions

related to the securing and unsecuring

of containers and other standardized

cargoes as described by § 97.280.

§ 97.250 Evaluation of forces acting on

cargo units and securing devices.

A chapter or section of the CSM must

have lists, tables, graphs, or diagrams

that provide the following:

(a) An outline of the vessel’s

accelerations that can be expected in

various positions onboard the vessel for

adverse sea conditions with a range of

applicable metacentric height (GM)

values.

(b) Calculated examples of the forces

acting on typical cargo units when

subjected to the accelerations provided

in paragraph (a) of this section, and the

angles of roll and metacentric height

(GM) values above which the forces

acting on the cargo units exceed the

permissible limits for the specified

securing arrangements as far as

practicable;

(c) Written examples of how to

calculate the number and strength of

portable securing devices required to

counteract the forces referred to in

paragraph (b) of this section, as well as

the safety factors to be used for the

different types of vessel portable cargo

securing devices;

(d) The person who develops a CSM

must convert the calculation methods

used into a form suited for a particular

vessel, its securing devices and the

cargo carried. This form may consist of

applicable diagrams, tables, calculated

examples; and

(e) Other operational arrangements

such as electronic data processing (EDP)

or use of a loading computer may be

accepted as alternatives to the

requirements in paragraphs (a) and (d)

of this section, providing that the

system contains the same information.

Note to § 97.250: Examples of how to

complete the strength calculations of portable

cargo securing devices required by paragraph

(d) are provided in Annex 13 of the Code of

Safe Practice for Cargo Stowage and Securing

(Res.A.714 (17)), IMO Publication: IMO—

292E.

§ 97.260 Use of portable cargo securing

devices on various cargoes.

A chapter or section of the CSM must

provide—

(a) Direction to the vessel’s master for

the correct application of portable

securing devices, taking into account

the following:

(1) Duration of a voyage.

(2) Geographical area of the voyage

with regard to the minimum safe

operational temperature of portable

securing devices.

(3) Sea conditions which may be

expected.

(4) Dimensions, designs, and

characteristics of the ship.

(5) Estimated static and dynamic

forces during the voyage.

(6) Type and packaging of cargo units,

including vehicles.

(7) Intended stowage pattern of the

cargo units, including vehicles.

(8) Mass and dimensions of the cargo

units and vehicles.

(b) A part of this chapter or section of

the CSM must describe the application

of portable cargo securing devices as to

the number of lashings and allowable

lashing angles. Where necessary, the

text should be supplemented by suitable

drawings or sketches to facilitate the

correct understanding and proper

application of the securing devices to

various types of cargo and cargo units.

The text should include warnings that

certain cargoes have low friction

75208 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules

resistance, and it is advisable to place

soft boards or other anti-skid materials

under such cargoes to increase friction

when secured.

(c) A part of this chapter or section of

the CSM must contain

recommendations for vessel locations

and the methods of stowing and

securing—

(1) Containers;

(2) Trailers and other cargo carrying

vehicles;

(3) Palletized cargoes;

(4) Unit loads and single load items

(e.g. wood pulp, paper rolls, etc.);

(5) Heavy weight cargoes; and

(6) Cars or other vehicles.

§ 97.270 Special requirements for RO–RO

vessels or bulk carriers.

(a) RO–RO vessels must have a

section in their CSM that provide

sketches showing the layout of fixed

securing devices with MSL

identification as well as the distances

between securing points in all

directions.

(b) Designs or sketches of cargo

securing arrangements for cargo units,

including vehicles and containers on

RO–RO passenger vessels, must show—

(1) The minimum strength

requirements for securing devices used;

(2) Forces due to ship motion;

(3) Angle of heel after damage or

flooding; and

(4) Other considerations relevant to

the effectiveness of the cargo securing

arrangements that must be taken into

account.

(c) When bulk carriers carry cargo

units falling under the applicability of

§ 97.110, this cargo must be stowed and

secured per a CSM approved under this

part.

Note to § 97.270: IMO Assembly

Resolutions A.533(13) and A.581(14) should

be utilized in the development of this section

of the CSM involving special requirements.

§ 97.280 Stowage and securing of

containers and other standardized cargoes.

A section or chapter must be provided

in the CSM on the following:

(a) The stowage and securing of

containers, within or without cell

guides, and other standardized cargoes

for vessels carrying such cargo units.

(b) A comprehensive and

understandable loading plan or sets of

plans must be provided with the

overview of—

(1) Longitudinal and athwartship

views of the underdeck and deck

stowage locations of containers as

appropriate;

(2) Alternative stowage patterns for

containers of different dimensions;

(3) Maximum stack masses;

(4) Permissible vertical sequences of

masses of stacks;

(5) Maximum stack heights with

respect to approved sight lines; and

(6) Application of securing devices

using suitable symbols to display

stowage positions, stack mass, sequence

of masses in stack, and stack height.

(c) This section or chapter of the CSM

must support the interpretation of the

stowage and securing plan for container

stowage, explaining—

(1) The use of specified securing

devices;

(2) Any guiding or limiting

parameters, such as dimensions of

containers, maximum stack masses,

sequence of masses in stacks, stacks

affected by wind load, height of stacks;

and

(3) Any specific warnings of possible

consequences from misuse of securing

devices or misinterpretations of

instructions given.

(d) Necessary cargo stowage and

securing information must be provided

in the CSM with deviations from the

general instructions provided in

paragraph (b) of this section, including

appropriate warnings of possible misuse

of securing devices or misinterpretation

of instructions provided. Information

should be provided with regard to—

(1) Alternative vertical sequences of

masses in stacks;

(2) Stacks affected by wind load in the

absence of outer stacks;

(3) Alternative stowage of containers

with various dimensions; and

(4) Permissible reduction of securing

effort with regard to lower stack masses,

lesser stack heights or other reasons.

(e) This section or chapter of the CSM

must present the distribution of

accelerations on which the stowage and

securing system is based. Information

on forces induced by wind and sea on

deck, as well as, information of the

nominal increase of forces or

accelerations due to changes from initial

stability on the stow, must be provided.

(f) Recommendations must be

included in this section or chapter of

the CSM which provide guidelines for

reducing the risk of cargo losses from

deck stowage by restrictions to stack

masses or stack heights, when loading

scenarios could lead to stability

conditions which may generate longer

than normal accelerations or motions.

(g) Any symbols used in the sketches

required by this section must be used

consistently throughout the CSM.

Subpart C—How Will Cargo Securing

Manuals Requirements Be Approved

and Enforced?

§ 97.300 Purpose.

The purpose of this subpart is to

provide you, the person who develops

a vessel’s CSM, all the information

required to submit the CSM for approval

and compliance.

§ 97.310 To whom does this subpart

apply?

This subpart applies to—

(a) A developer of a CSM, or the

owner or operator of a U.S. cargo vessel

of 500 gross tons or more that must

comply to Chapter VI/5 or Chapter VII/

6 of SOLAS, and that does not solely

carry liquid or solid cargoes in bulk on

international voyages;

(b) Owner, operator, or Master of a

vessel of 500 gross tons or more that

must comply to Chapter VI/5 or Chapter

VII/6 of SOLAS and does not solely

carry liquid or solid cargoes in bulk on

international voyages; and

(c) A developer of a CSM, or the

owner or operator of any U.S. cargo

vessel that is not required to meet

Chapter VI/5 or Chapter VII/6 of SOLAS

but requests approval of a developed

CSM for the vessel.

§ 97.320 How do I receive approval on a

U.S. vessel’s Cargo Securing Manual?

(a) The CSM developer, or the owner

or operator of a vessel, may submit a

CSM meeting this part to a U.S. CSM

Approval Authority for review and

approval. Commandant (G–MOC) is the

responsible office in the Coast Guard for

overseeing and managing the review

and approval of U.S. vessel CSM

applications. A list of U.S. CSM

Approval Authorities can be received by

contacting Commandant (G–MOC), 2100

Second Street SW., Washington, DC

20593–0001.

(b) For a CSM to be approved, one

copy of the original CSM for the vessel

must be provided to a U.S. CSM

Approval Authority for review. This

copy will not be returned after the

review process but will be kept for

records of the actions taken on the

review and approval, or disapproval of

the CSM. The CSM and any

amendments must be dated, with a

‘‘change of page’’ document included

within the CSM, to ensure continuous

documentation of amendments made to

the manual and the dates they are

completed.

(c) When the review process is

complete, the U.S. CSM Approval

Authority will provide a written

statement to the provider of the CSM,

which will indicate if the CSM is

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules 75209

approved, requires amendment to

complete the approval process, or is

disapproved. The submitter of a

disapproved CSM may resubmit

amendments (with the CSM to be

reviewed further) if discrepancies noted

in the disapproval can be rectified by

new information that was excluded or

that further expands the CSM to fully

meet the requirements of this part.

(d) The original of the CSM approval

letter provided by the U.S. CSM

Approval Authority must be kept with

the CSM onboard the vessel. The CSM

and its approval letter must be made

available for Coast Guard personnel

examination whenever requested.

§ 97.330 When I amend an approved Cargo

Securing Manual, will the amendments have

to be reviewed and approved by a U.S.

Cargo Securing Manual Approval

Authority?

Only certain amendments to an

approved CSM require that you

resubmit the amended CSM for review

and re-approval by a U.S. CSM

Approval Authority—

(a) Reconfiguration of a vessel from

one type of cargo carriage to another

(e.g., a general break-bulk cargo vessel to

a container or a RO–RO vessel);

(b) Reconfiguration or replacement of

15 percent or more of the vessel’s fixed

cargo securing or tie down systems with

different types of devices or systems;

and

(c) Replacement of 15 percent or more

of the vessel’s portable cargo securing

devices, with different types of devices

for securing the cargo not already used

aboard the vessel (e.g., wire lashings

replaced with turnbuckles or chains).

§ 97.340 How do I appeal a decision made

by a U.S. Cargo Securing Manual Approval

Authority?

(a) You may submit a written appeal

to the U.S. CSM Approval Authority

requesting reconsideration of

information in dispute. Within 30 days

of receiving the appeal, the CSM

Approval Authority must provide the

vessel owner with a written ruling on

the request with a copy to Commandant

(G–MOC).

(b) If you are dissatisfied with the

CSM Approval Authority’s ruling, you

may submit a request of appeal on the

matter to Commandant (G–MOC). You

must make this appeal in writing,

including documentation and evidence

which needs to be considered. You may

ask the Commandant (G–MOC) to stay

the effect of the appealed decision by

the CSM Approval Authority while the

request is under review by the Coast

Guard.

(c) The Commandant (G–MOC) will

make a decision on your appeal and

send you a written response of the

decision. That decision will be the final

Coast Guard action on your appeal.

§ 97.350 How will the Coast Guard handle

compliance and enforcement of these

regulations?

(a) While operating in waters under

the jurisdiction of the United States, the

Coast Guard may board any vessel

required to meet this part or SOLAS to

determine that the vessel has a CSM

onboard. The Coast Guard will also

verify that the vessel’s Flag

Administration or an authorized

organization acting on behalf of the Flag

Administration has approved the CSM.

(b) A foreign vessel that does not

comply with these regulations or

SOLAS may be detained by order of the

COTP or OCMI. Detainment may occur

at the port or terminal where the

violation is found until in the opinion

of the detaining authority the vessel can

go to sea without presenting an

unreasonable threat of harm to the port,

the marine environment, the vessel, or

its crew. The detention order may allow

the vessel to go to another area of the

port, if needed, rather than stay at the

place where the violation was found.

(c) If any vessel that must comply

with this part, or with the requirements

of SOLAS for approved CSMs, is found

in violation of this part, a vessel owner

or Master, or any person in charge of the

vessel, may be liable for a civil penalty

under 46 U.S.C. 3318.

Subpart D—Authorization of an

Organization to Act on Behalf of the

U.S.

§ 97.400 Purpose.

(a) This subpart establishes criteria

and procedures for organizations to be

authorized by the Coast Guard to act on

behalf of the U.S. The authorization is

necessary in order for an organization to

perform reviews of CSMs for U.S.

vessels and approve them as delegated

by the Coast Guard as required by this

part.

(b) To receive an up-to-date list of

organizations authorized to act under

this subpart, send a self-addressed,

stamped envelope, and written request

to the Commandant (G–MOC), 2100

Second Street SW., Washington, DC

20593–0001.

§ 97.410 To whom does this regulation

apply?

This subpart applies to all U.S.

organizations that seek authorization to

complete reviews of U.S. vessel CSMs

and issue U.S. approval letters of their

compliance with international

requirements and this part, on behalf of

the U.S.

§ 97.420 How does an organization submit

a request to be authorized to approve cargo

securing manuals for U.S. vessels?

(a) An organization must send a

written request for authorization to the

Commandant (G–MOC), Office of

Compliance, 2100 Second Street SW.,

Washington, DC 20593–0001. The

request must include the following:

(1) A certified copy of the

organization’s certificate of

incorporation on file with a U.S. state,

including the name and address of the

organization, with written statements or

documents which—

(i) Show that the organization’s

owners, managers, and employees are

free from influence or control by vessel

shipbuilders, owners, operators, lessors,

or other related commercial interest as

evidenced by past and present business

practices;

(ii) Show that the organization has a

demonstrated capability to competently

evaluate CSMs for completeness and

sufficiency per the requirements of

SOLAS and this part;

(iii) Demonstrate an acceptable degree

of financial security, based on recent

audits by certified public accountants

over the last 5 years; and

(iv) Show that the organization

maintains a corporate office in the

United States that has adequate

resources and staff to support all aspects

of CSM review, approval, and

recordkeeping.

(2) A listing of the organization’s

principal executives, with telephone

and telefax numbers;

(3) A written description of the

organization, covering the ownership,

managerial structure, and organization

components, including directly

affiliated agencies and their functions,

utilized for supporting technical

services;

(4) A written list of technical services

the organization offers;

(5) A written general description of

the geographical area the organization

serves;

(6) A written general description of

the clients the organization is serving, or

intends to serve;

(7) A written description of the type

of similar work performed by the

organization in the past, noting the

amount and extent of such work

performed within the previous 3 years;

(8) A written listing of the full-time

professional staff employed by the

organization and available for technical

review and approval of CSMs, including

any—

(i) Naval architects, naval engineers,

or both, with copies of their professional

credentials such as college degrees,

75210 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Proposed Rules

specialized training certificates, or the

like; and

(ii) Coast Guard issued Merchant

Marine licenses for operation of vessels

with unlimited tonnage certification for

cargo vessel operation with a summary

of underway experience.

(9) Written proof of staff competency

to perform tasks, evidenced by detailed

summaries of each individual’s

experience (measured in months or

years), during the past 5 years of

evaluating maritime cargo securing

systems. Experience summaries must be

documented on company letterhead and

endorsed by a company executive who

has had direct observation of the

individual and quality of his or her

work product;

(10) Written standards used by the

organization for internal quality control

to ensure consistency in CSM review

and approval procedures by qualified

professionals;

(11) A description of the

organization’s training program for

assuring continued competency of

professional employees identified in the

application involved in CSM review and

approval; and

(12) A list of five or more business

references, including names, addresses,

and telephone numbers of principal

managers, who can provide evidence of

the organization’s competence within

the past 2 years.

(b) The written request from the

organization must also include a

statement to the Coast Guard that Coast

Guard officials may inspect the

organization’s facilities and records of

CSM review and approval on behalf of

the U.S. at any time.

(c) Commandant (G–MOC) may

request additional information other

than that required by this section in

order to complete its evaluation of an

organization. If this should occur,

Commandant (G–MOC) will provide a

written request for the information

directly to the organization applying for

authorization of CSM Approval

Authority.

§ 97.430 How will the Coast Guard decide

whether to approve an organization’s

request to be authorized?

(a) First, the Commandant (G–MOC)

will evaluate the organization’s request

for authorization and supporting written

materials, looking for evidence of the

following:

(1) The organization’s clear

assignment of management duties;

(2) Ethical standards for managers and

CSM reviewers;

(3) Procedures for personnel training,

qualification, certification, and requalification that are consistent with

recognized industry standards;

(4) Acceptable standards available for

the organization’s internal auditing and

management review;

(5) Recordkeeping standards for CSM

review and approval;

(6) Methods used to review and

certify CSMs;

(7) Methods for handling appeals; and

(8) Overall procedures consistent with

IMO Resolution A.739(18), ‘‘Guidelines

for the Authorization of Organizations

Acting on Behalf of the

Administration.’’

(b) After a favorable evaluation of the

organization’s written request, the Coast

Guard will arrange to visit the

organization’s corporate and port offices

for an on-site evaluation of operations.

(c) When a request is approved, the

recognized organization and the Coast

Guard will enter into a written

agreement. This agreement will define

the scope, terms, conditions, and

requirements of the authorization.

Conditions of this agreement are found

in § 97.450 of this part.

§ 97.440 What happens if the Coast Guard

disapproves an organization’s request to be

authorized?

(a) The Coast Guard will write to the

organization explaining why it did not

meet the criteria for authorization.

(b) The organization may then correct

the deficiencies and reapply.

§ 97.450 How will I know what the Coast

Guard requires of my organization if my

organization receives authorization?

Your organization will enter into a

written agreement with the Coast Guard.

This written agreement will specify—

(a) How long the authorization is

valid;

(b) Which duties and responsibilities

the organization may perform and what

approval letters it may issue on behalf

of the U.S.;

(c) Reports and information the

organization must send to the

Commandant (G–MOC);

(d) Actions the organization must take

to renew the agreement when it expires;

and

(e) Actions the organization must take

if the Coast Guard should revoke its

authorization under this subpart.

§ 97.460 How does the Coast Guard

terminate an organization’s authorization?

At least every 12 months, the Coast

Guard evaluates organizations

authorized under this subpart. If an

organization fails to maintain acceptable

standards, the Coast Guard may

terminate that organization’s

authorization and remove the

organization from the Commandant’s

list of authorized organizations.

§ 97.470 What is the status of a certificate

if the issuing organization has its authority

terminated?

Any CSM approval certificate issued

by a U.S. CSM Approval Authority

whose authorization is later terminated

remains valid as long as amendments

have not been completed which require

it to be re-approved, as required by

§ 97.330. In such a situation, the owner

of the vessel should contact the

Commandant (G–MOC) directly to

request information on which

authorized organizations are available to

act on behalf of the U.S. to complete a

new review and approval of the vessel’s

amended CSM.

§ 97.480 What further obligations exist for

an organization if the Coast Guard

terminates its authorization?

The written agreement by which an

organization receives authorization from

the Coast Guard places it under certain

obligations if the Coast Guard revokes

that authorization. The organization

agrees to send written notice of its

termination to act on behalf of the U.S.

to all vessel owners that have received

CSM approvals for their vessel manuals.

In that notice, the organization must

include—

(a) A written statement explaining

why the organization’s authorization

was terminated by the Coast Guard;

(b) An explanation of the status of

issued approvals; and

(c) A current list of organizations

authorized by the Coast Guard to

conduct CSM reviews and approvals.

Dated: November 21, 2000.

Joseph J. Angelo,

Director of Standards, Acting Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 00–30447 Filed 11–30–00; 8:45 am]

BILLING CODE 4910–15–U

POSTAL SERVICE

39 CFR Part 111

Shipping Label Requirements

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: The U.S. Postal Service, in its

efforts to make package shipping easier

for mailers, is developing standard

guidelines for creating package shipping

labels. The following changes are

proposed to the markings (and

endorsements) and Delivery

Confirmation requirements in support of

this effort:

• Addition of a service indicator at

the top of the label to identify the class

of mail.