98-9965. Vessels Carrying Dangerous Packaged Goods Board of Local Inspectors; Composition and Functions

[Federal Register Volume 63, Number 73 (Thursday, April 16, 1998)]
[Rules and Regulations]
[Pages 18836-18837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9965]


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PANAMA CANAL COMMISSION

35 CFR Parts 113 and 115

RIN 3207-AA26


Vessels Carrying Dangerous Packaged Goods Board of Local 
Inspectors; Composition and Functions

AGENCY: Panama Canal Commission.

ACTION: Final rule.

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SUMMARY: The Panama Canal Commission is amending its rules in part 113 
to prohibit the loading or off-loading of explosive cargo not destined 
for U.S. Government use at Commission facilities. The changes to 35 CFR 
part 113 are required by recent changes to commercial ports in the 
Republic of Panama which now provide a sufficiency of safe anchorages 
and facilities for the loading and unloading of explosive cargo for 
cargo not consigned to the Commission. As a result of these changes, 
the Commission is required to cease offering such services under the 
Panama Canal Treaty of 1977.
    The Commission is also changing, in part 115, the requirement that 
the Administrator or his designee perform certain appointment functions 
and transferring those functions to the Marine Operations Director. 
This change makes this section consistent with the nomenclature changes 
called for by an internal reorganization at the Commission and the 
changes to 35 CFR part 115, published January 14, 1998.

DATES: Effective April 16, 1998.

FOR FURTHER INFORMATION CONTACT: John A. Mills, Secretary, Panama Canal 
Commission, 1825 I Street NW., Suite 1050, Washington, DC 20006-5402; 
Telephone: [phone]; Facsimile: [phone]; or John L. 
Haines, Jr., General Counsel, Panama Canal Commission, Facsimile: 011-
507-272-3748.

SUPPLEMENTARY INFORMATION: The change to 35 CFR part 115 is a result of 
an internal reorganization of the Panama Canal Commission. The Board of 
Local Inspectors (BLI) has existed at the Panama Canal pursuant to 
statute or executive order since 1912, two years before the waterway 
opened its doors to world shipping. One of the BLI's primary functions 
is the investigation of marine accidents. Since 1966, the agency's 
Marine Director has served, ex officio, as Supervising Inspector and, 
in that latter capacity, has overseen the operations of the BLI.
    As a result of this internal reorganization, the Marine Director 
(previously an active-duty or retired U.S. Naval officer) is to be 
known as the Maritime Operations Director. Duties previously carried 
out by the Supervising Inspector had been assumed by the Administrator 
or his designee. This change removes the Administrator from the system 
of appointments for a BLI chairman when the designated Chairman is 
absent or circumstances require the appointment of a specially 
qualified individual to serve on the BLI.
    Because these changes are technical or internal in nature and do 
not place a burden on Canal users, the Commission has determined to 
promulgate a final rule without opportunity for comment.

[[Page 18837]]

    The Commission is exempt from Executive Order 12866 and its 
provisions do not apply to this rule. Even if the Order were 
applicable, the rule would not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act. The implementation of the rule will have no adverse effect on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic or export markets.
    Finally, the Secretary of the Panama Canal Commission certifies 
these changes meet the applicable standards set out in sections 2(a) 
and 2(b)(2) of Executive Order 12778.

List of Subjects

35 CFR Part 113

    Cargo vessels, Hazardous materials transportation, Reporting and 
recordkeeping requirements.

35 CFR Part 115

    Organization and functions (Government agencies), Panama Canal.

    For the reasons stated in the Preamble, the Panama Canal Commission 
amends 35 CFR Parts 113 and 115 as follows:

PART 113--DANGEROUS CARGOES

    1. The authority citation for part 113 is revised to read as 
follows:

    Authority: 22 U.S.C. 3811; EO 12215, 45 FR 36043, 3 CFR 1980 
Comp., p. 257.

    2. Revise Sec. 113.49(b) to read as follows:


Sec. 113.49  Class 1, Explosives.

* * * * *
    (b) Explosive cargo to be used for other than official U.S. 
Government purposes may not be loaded or off-loaded at facilities of 
the Panama Canal Commission. Explosive anchorages prescribed in 
Secs. 101.8(a)(2) and (3) and 101.8(c)(2) of this chapter may be used 
upon approval of the Marine Safety Advisor, or his designee, and with 
the concurrence of the Canal Operations Captain.
* * * * *

PART 115--BOARD OF LOCAL INSPECTORS; COMPOSITION AND FUNCTIONS

    1. The authority citation for part 115 continues to read as 
follows:

    Authority: 22 U.S.C. 3778; E.O. 12215, 45 FR 36043, 3 CFR 1980 
Comp., p. 257.


Sec. 115.2  [Amended]

    2. Amend Sec. 115.2 as follows:
    In paragraph (b) remove the word ``Administrator'' and add, in its 
place, the words ``Marine Operations Director''.

    Dated: April 10, 1998.
John A. Mills,
Secretary.
[FR Doc. 98-9965 Filed 4-15-98; 8:45 am]
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