Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices 16693

update feature is consistent with the

Act.

The Commission, in the exercise of

the authority delegated to it by

Congress, and in light of its experience

regulating securities markets and market

participants, has determined that

approval of the March 1995 Amended

SOES Rules until October 2, 1995 is

consistent with maintaining investor

protection and fair and orderly markets,

and that these goals, on balance,

outweigh any possible anti-competitive

effects on order entry firms and their

customers.

Accordingly, the Commission finds

that the rule change is consistent with

the Act and the rules and regulations

thereunder applicable to the NASD and,

in particular, Sections 15A(b)(6),

15A(b)(9), and 15A(b)(11). In addition,

the Commission finds that the rule

change is consistent with the

Congressional objectives for the equity

markets, set out in Section 11A, of

achieving more efficient and effective

market operations, fair competition

among brokers and dealers, and the

economically efficient execution of

investor orders in the best market.

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act, that the

instant rule change SR–NASD–95–8 be,

and hereby is, approved, effective

March 28, 1995 through October 2,

1995.

By the Commission.

Jonathan G. Katz,

Secretary.

[FR Doc. 95–7987 Filed 3–30–95; 8:45 am]

BILLING CODE 8010–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

[CGD 95–015]

Load Lines: Barges on Lake Michigan

AGENCY: Coast Guard, DOT.

ACTION: Notice.

SUMMARY: The Coast Guard proposes to

amend its current policy exempting

unmanned, river-service, dry-cargo

barges operating on Lake Michigan

between Chicago (Calumet Harbor),

Illinois, and Milwaukee, Wisconsin,

from the requirement that they have a

Great Lakes Load Line Certificate. In

order to qualify for the exemption, the

barges must meet certain specified

requirements intended to provide a

level of safety equivalent to that

provided under the Great Lakes load

line regulations. Also, the Coast Guard

proposes to exempt similar barges under

the same requirements operating

between Chicago (Calumet Harbor),

Illinois, and St. Joseph (Benton Harbor),

Michigan. These changes should

facilitate the movement of goods along

these routes while maintaining an

equivalent level of safety.

DATES: This exemption is effective

March 31, 1995. Comments must be

received on or before May 15, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 95–015),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this notice. Comments

will become part of this docket and will

be available for inspection or copying at

room 3406, U.S. Coast Guard

Headquarters, between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. William Hayden, Office of Marine

Safety, Security and Environmental

Protection, U.S. Coast Guard (G–MTH–

3), room 1308, 2100 Second Street, SW.,

Washington DC 20593–0001. The

telephone number is (202) 267–2988.

SUPPLEMENTARY INFORMATION:

Changes to the Chicago to Milwaukee

Route Exemption

On September 21, 1992, the Coast

Guard published a notice in the Federal

Register (57 FR 43479) announcing that

unmanned barges designed for river

service and carrying dry, non-hazardous

cargo from the Illinois River system, via

Chicago and Lake Michigan, to

Milwaukee, Wisconsin, are exempt from

the requirement that they have a Great

Lakes Load Line Certificate under 46

CFR part 45. In order to qualify for the

exemption, the barges must have a

Limited Service Domestic Voyage Load

Line Certificate and meet certain special

operating restrictions and conditions.

Under 46 CFR 45.15(a), Coast Guard

determined that, due to the sheltered

nature of the voyage along the coast of

Lake Michigan and to the special

restrictions and conditions imposed, it

would be unreasonable to require these

barges to have a Great Lakes load line

under 46 CFR part 45.

Based on experience gained since

1992, the Coast Guard is making the

following changes to the special

restrictions and conditions for the

exemption:

(1) The lead barge of the tow must

have a raked bow. [See paragraph II.4.

below.] Comments received at a joint

Coast Guard/industry meeting held in

Muskegon, Michigan, on October 24,

1994, indicated that using a box (square

end) barge as the lead for the tow greatly

reduces the transit speed, thereby

increasing the transit time.

Representatives from several companies

operating barges on the Chicago to

Milwaukee route stated that they now

use a rake-end barge as the lead barge.

An increase in speed should reduce the

transit time to a harbor of safe refuge in

the event of an adverse change in the

weather.

(2) Paragraph III.5. allows the initial

load line survey for barges less than 10

years old to be conducted with the barge

remaining in the water, rather than

drydocked or hauled out of the water as

presently required. A survey afloat

should be sufficient in light of the

restricted nature of the route, the

relatively benign environment of river

service, and the relatively small portion

of time the barges would be operating

on Lake Michigan. When the barge

reaches 10 years of age or upon

expiration of its Limited Service

Domestic Voyage Load Line Certificate,

whichever occurs first, the survey must

include drydocking. [See paragraph

III.6.]

(3) Carrying cargo to a Lake Michigan

port not along the designated route is

prohibited. [See paragraph II.2.] The

purpose for the exemption is to provide

uninterrupted service between the

inland waterway system and certain

Lake Michigan ports and not to

circumvent traditional intra-lake service

provided by Great Lakes-capable barges.

Establishment of the Chicago to St.

Joseph Route Exemption

As recommended by ABS Americans

(ABS) on January 9, 1995, the Coast

Guard is granting that a similar

exemption with the same restrictions for

voyages between Calumet Harbor and

Benton Harbor, St. Joseph, Michigan.

The Coast Guard is allowing 45 days for

public comment and may amend this

exemption based on the comments

received.

To eliminate duplicative paperwork,

an approval for operation on one route

constitutes an approval for operation on

both routes. [See paragraph I.3.]

For the reasons set out above, the

Coast Guard, under 46 U.S.C. 5108 and

46 CFR 45.15(a), amends the exemption

announced in the notice of September

21, 1992, (57 FR 43479) as follows:

LIMITED SERVICE DOMESTIC

VOYAGE LOAD LINE ROUTES:

CHICAGO, ILLINOIS, TO MILWAUKEE,
16694 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Notices

WISCONSIN, AND CHICAGO,

ILLINOIS, TO ST. JOSEPH, MICHIGAN

I. General

1. A barge operating under the

following restrictions and complying

with the following conditions is exempt,

under 46 CFR 45.15(a), from 46 CFR

part 45, Great Lakes Load Lines.

2. This exemption supersedes the

exemption announced in the notice

published in the Federal Register on

September 21, 1992, (57 FR 43479).

3. An approval for operation on either

route described in paragraph II.2. results

in an approval for operation on both

routes. A load line certificate under

paragraph II for operation on either

route may be amended, upon written

request to ABS Americans, to include

operation on both routes.

II. Operating Restrictions

Each barge must have a Limited

Service Domestic Voyage Load Line

Certificate under 46 CFR part 44. The

following restrictions apply and must

appear on the certificate:

1. The certificate is valid only for

unmanned, river-service, dry-cargo

barges.

2. Barge operation is limited to

voyages between Calumet Harbor,

Chicago, Illinois, and Milwaukee,

Wisconsin, and between Calumet

Harbor and Benton Harbor, St. Joseph,

Michigan. Barges may make stops at

intermediate ports along a route;

however, they may not carry cargo

directly from a Lake Michigan port on

one route to a Lake Michigan port on the

other route without first entering the

river system at Calumet Harbor.

3. Hazardous materials, as defined in

46 CFR part 148 and 49 CFR chapter 1,

subchapter C, may not be carried as

cargo. Cargo is limited to dry

commodities, such as steel products,

heavy machinery, dry bulk fertilizer,

grain, bulk cement, scrap materials, and

forest products.

4. The towing vessel must have

adequate horsepower to handle the size

of the tow, with a minimum of 1,000

horsepower. The tow is limited to a

maximum of three barges, with the lead

barge having a raked bow.

5. Before beginning each voyage, the

towing vessel operator shall ensure that

each barge of the tow meets the

following requirements:

(a) Deck and side shell plating is free

of visible holes, fractures, or serious

indentations, as well as damage that

would be considered in excess of

normal wear.

(b) The cargo box side and end

coamings are watertight.

(c) All manholes are covered and

secured watertight.

6. The towing vessel operator shall

maintain radio contact with the local

weather radio network.

7. Before getting underway, the

towing vessel operator shall determine

the weather expected along the

proposed route. If the following wind

speed and wave height limits are

expected to be exceeded at any time

during the course of the planned voyage

on Lake Michigan, the towing vessel

may not leave harbor:

(a) When operating between Chicago

and Milwaukee.

Wind

direction

Continous

velocity

(knots)

Wave height

SE, E, NE .. 15 4 feet (1.2 m).

N, S, W,

NW, SW.

20 4 feet (1.2 m).

(b) When operating between Chicago

and St. Joseph.

Wind

direction

Continuous

velocity

(knots)

Wave height

N, W, NW,

SW.

15 4 feet (1.2 m).

E, S, NE,

SE.

20 4 feet (1.2 m).

While underway, if the wind speed

and wave height exceed the limits

above, the towing vessel must proceed

immediately to the nearest harbor of

safe refuge.

8. The distance from shore during the

course of a voyage may not exceed 5

nautical miles.

9. Towing is permitted only if ice

conditions are such that operation of the

vessel is not imperiled.

10. Precautions must be taken to

prevent shifting of cargo.

11. The operational requirements in

paragraph II are in addition to other

applicable requirements for operation

on the Great Lakes.

III. Barge Conditions

A barge that meets the following

requirements is eligible for a Limited

Service Domestic Voyage Load Line

Certificate. ABS Americas is authorized

to issue these certificates on behalf of

the Coast Guard.

In determining a barge’s suitability for

assignment of a limited service load

line, the following variances apply:

1. The barge length to depth ratio

must not exceed 22.

2. The barge must be built and

maintained to the minimum scantlings

of the American Bureau of Shipping

(ABS) River Rules in effect at the time

of construction. ABS must be provided

with evidence demonstrating

compliance with the ABS River Rules.

3. The freeboard assigned to the barge

must be at least 24 inches (610

millimeters). For an open-hopper barge,

the operating freeboard combined with

the height of the cargo box coamings

must be at least 54 inches (1372

millimeters).

4. An initial load line survey under 46

CFR 42.09–25 and subsequent annual

surveys under 46 CFR 42.09–40 are

required to determine compliance with

the requirements of this notice, the

condition of all watertight openings and

closures, and the structural integrity of

the barge.

5. At the request of the owner, a lightvessel structural survey may be

conducted with the barge remaining in

the water, rather than drydocked or

hauled out as required by 46 CFR 42.09–

25(a), if the barge is less than 10 years

old and the following are met:

(a) The draft during the survey does

not exceed 15 inches (380 millimeters).

(b) The barge is empty and thoroughly

cleaned of all debris, excessive rust,

scale, mud, and liquids.

(c) Gaugings are taken to the extent

necessary to verify that the scantlings

are in accordance with approved

drawings.

(d) The bottom and side shell plating

below the light waterline are closely

examined internally. If the surveyor

determines that sufficient cause exists,

the surveyor may require that the barge

be drydocked or hauled out and further

external examination conducted.

6. When the barge reaches 10 years of

age or upon the expiration of the

Limited Service Domestic Voyage Load

Line Certificate, whichever occurs first,

the barge must be drydocked or hauled

out and examined externally.

Dated: March 24, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security, and

Environmental Protection.

[FR Doc. 95–7861 Filed 3–30–95; 8:45 am]

BILLING CODE 4910–14–P

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ended March 24, 1995

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et seq.). The due date for