[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8376]
[[Page Unknown]]
[Federal Register: April 8, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Parts 110, 126, and 160
46 CFR Parts 38, 78, 97, and 194
[CGD 92-050]
RIN 2115-AE27
Classifying and Handling Class 1 (Explosive) Materials
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its regulations concerning
the carriage and handling of explosives. These amendments are necessary
because the United States has adopted a new system for classifying and
labeling explosives. These amendments would align terminology in
existing Coast Guard regulations with that used in the new system and
update references to address the new system.
DATES: Comments must be received on or before June 7, 1994.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA) (CGD 92-050), U.S. Coast Guard Headquarters,
2100 Second Street SW., Washington, DC 20593-0001, or may be delivered
to room 3406 at the above address between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (202)
267-6234.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters.
FOR FURTHER INFORMATION CONTACT:
LCDR Mark O'Malley, Port Safety and Security Division, (202) 267-0493.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 92-050) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an unbound format suitable for copying and electronic
filing. If not practical, a second copy of any bound material is
requested. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include reasons why a hearing would
be beneficial.
If it determines that the opportunity for oral presentations will
aid this rulemaking, the Coast Guard will hold a public hearing at a
time and place announced by a later notice in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are LCDR
Mark O'Malley, Project Manager, Port Safety and Security Division, and
Mr. Stephen H. Barber, Project Counsel, Office of Chief Counsel.
Background and Purpose
On December 21, 1990, the Research and Special Programs
Administration (RSPA) published a final rule revising the Hazardous
Material Regulations contained in 49 CFR parts 171 through 180
(December 21, 1990, 55 FR 55402). This final rule also revised the
requirements previously found in 46 CFR part 146 concerning the
transportation of military explosives by vessel and relocated them in
49 CFR part 176. Under this final rule, there is only one regulatory
system common to all explosives. Therefore, the shipment of military
explosives by vessel now must comply with the requirements of 49 CFR
part 176. Furthermore, the old classification system for explosives was
replaced by the United Nations system.
These comprehensive rules for commercial and other explosives treat
military explosives as belonging to Division 1.1, 1.2, 1.3, and 1.4 of
Class 1 (explosive) materials, as defined in 49 CFR 173.50. Under the
old system, military explosives were categorized as Class A, B, or C.
(For a comparison of old versus new classification schemes, see 49 CFR
173.53.)
Sections 78.80-10 and 97.70-10 of 46 CFR are being revised to align
with the more recently revised 49 CFR 176.78. Section 176.78 of 49 CFR
was revised to provide for the use of a power operated truck designated
EE or EX to handle Class 1 (explosive) materials or other cargo in an
area near Class 1 (explosive) materials on board a vessel.
Additionally, paragraph (d) of 46 CFR 176.78 states that a power
operated truck designated LPS, GS, D, or DS may be used under
conditions acceptable to the Captain of the Port (COTP) rather than
requiring Commandant approval. These sections are being revised to
consolidate current regulations for the use of power operated vehicles
on board vessels transporting hazardous materials.
Furthermore, on January 29, 1991, after consultation with the Coast
Guard, RSPA published a final rulemaking revoking 46 CFR part 146
(January 29, 1991; 56 FR 3334).
The purpose of this rulemaking is to update terminology and cross-
references throughout Coast Guard regulations to reflect this new
classification system.
Discussion of Proposed Amendments
This proposal would revise 33 CFR parts 100, 126, and 160 and 46
CFR parts 38, 78, 97, and 194. It would remove references to provisions
in 46 CFR part 146 or replace them with applicable provisions in 49 CFR
part 176. The term ``military explosives'' would be replaced with the
term ``Class 1 (explosive) materials'' or refer to the appropriate
division of Class 1 explosives.
Regulatory Assessment
This proposal 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. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the ``Department of Transportation
Regulatory Policies and Procedures'' (44 FR 11040 February 26, 1979).
The Coast Guard expects the economic impact of this proposal to be so
minimal that a full evaluation is unnecessary. This proposal would
conform terminology and cross references throughout Coast Guard
regulations with a new, already established classification system. It
would have no economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' include independently owned and operated
small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632).
This proposal is administrative in nature and would conform
existing regulations to a new system for classifying and labeling the
explosives. It would have no economic impact on entities large or
small.
Because it expects the impact of this proposal to be minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have significant economic impact on a substantial
number of small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. This proposal involves
administrative changes in terminology and clearly does not have any
environmental impact. A Categorical Exclusion Determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 126
Explosives, Harbors, Hazardous substances, Reporting and
recordkeeping requirements.
33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Vessels, Waterways,
Reporting and recordkeeping requirements.
46 CFR Part 38
Cargo vessels, Fire prevention, Gases, Hazardous materials
transportation, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 78
Marine safety, Navigation (water), Passenger vessels, Penalties,
Reporting and recordkeeping requirements.
46 CFR Part 97
Cargo vessels, Marine safety, Navigation (water), Reporting and
recordkeeping requirements.
46 CFR Part 194
Explosives, Hazardous materials transportation, Marine safety,
Oceanographic research vessels.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR parts 110, 126, and 160 and 46 CFR parts 38, 78, 97,
and 194 as follows:
TITLE 33--[AMENDED]
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 is revised to read as
follows:
Authority: 33 U.S.C. 471, 2071; 49 CFR 1.46 and 33 CFR 1.05-
1(g). Section 110.1a and each section listed in it are also issued
under 33 U.S.C. 1223 and 1231.
Sec. 110.157 [Amended]
2. In Sec. 110.157, in paragraph (c)(1), remove the words ``, Title
46 Code of Federal Regulations, Part 146, or'' and the words ``46 CFR
part 146, and'' and, in paragraph (c)(7), remove the words ``or
`Subchapter N--Dangerous Cargoes' (42 CFR Part 146)''.
3. In Sec. 110.168, revise the section heading and paragraphs
(b)(2), (c)(1), (d) (1) through (5) and (d) (7) and (8), (f)(4)(iv),
and (f)(4)(v) to read as follows and, in paragraph (f)(6), remove the
words ``military explosives'' wherever they appear and add, in their
place, the words ``Class 1 (explosive) materials'':
Sec. 110.168 Hampton Roads, Virginia, and adjacent waters.
* * * * *
(b) * * *
(2) Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and
1.4 explosives, as defined in 49 CFR 173.50.
(c) General regulations. (1) Except as otherwise provided, this
section applies to vessels over 20 meters long and vessels carrying or
handling dangerous cargo or Class 1 (explosive) materials while
anchored in an anchorage ground described in this section.
* * * * *
(d) Regulations for vessels handling or carrying dangerous cargoes
or Class 1 (explosive) materials. (1) This paragraph (d) applies to
every vessel, except a naval vessel, handling or carrying dangerous
cargoes or Class 1 (explosive) materials.
(2) Unless otherwise directed by the Captain of the Port, each
vessel handling or carrying dangerous cargoes or Class 1 (explosive)
materials must be anchored or moored within Anchorage Berth E-1.
(3) Each vessel, including each tug and stevedore boat, used for
loading or unloading dangerous cargoes or Class 1 (explosive) materials
in an anchorage, must carry a written permit issued by the Captain of
the Port.
(4) The Captain of the Port may require every person having
business aboard a vessel handling or carrying dangerous cargoes or
Class 1 (explosive) materials while in an anchorage, other than a
member of the crew, to hold either a pass issued by the Captain of the
Port or another form of identification prescribed by the Captain of the
Port.
(5) Each person having business aboard a vessel handling or
carrying dangerous cargoes or Class 1 (explosive) materials while in an
anchorage, other than a member of the crew, shall present the pass or
other form of identification prescribed by paragraph (d)(4) of this
section to any Coast Guard boarding officer who requests it.
(6) * * *
(7) Each non-self-propelled vessel handling or carrying dangerous
cargoes or Class 1 (explosive) materials must have a tug in attendance
at all times while at anchor.
(8) Each vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials while at anchor must display by day a red flag in
a prominent location and by night a fixed red light.
* * * * *
(f) * * *
(4) * * *
(iv) A vessel may not anchor in Anchorage Berth E-1, unless it is
handling or carrying dangerous cargoes or Class 1 (explosive)
materials.
(v) A vessel may not anchor within 500 yards of Anchorage Berth E-1
without the permission of the Captain of the Port, if the berth is
occupied by a vessel handling or carrying dangerous cargoes or Class 1
(explosive) materials.
* * * * *
4. In Sec. 110.214, revise the section heading, paragraph (b)(12)
introductory text and, in the note to paragraph (b)(12), paragraphs
(b)(12) (ii), (iii), and (iv) as follows:
Sec. 110.214 Los Angeles and Long Beach Harbors, California.
* * * * *
(b) * * *
(12) No vessel, while carrying, loading, or unloading Division 1.1,
1.2, 1.3, or 1.4 (explosive) materials as defined in 49 CFR 173.50 or
cargoes of particular hazard as listed by Sec. 126.10 of this chapter,
may be anchored in an anchorage without permission from the Captain of
the Port.
Note: * * *
* * * * *
(ii) Division 1.1 or 1.2 (explosive) materials (as defined in 49
CFR 173.50), any amount.
(iii) Division 1.3 (explosive) materials (as defined in 49 CFR
173.50), in excess of 1 net ton at any one time.
(iv) Division 1.4 (explosive) materials (as defined in 49 CFR
173.50), in excess of 10 net tons at any one time.
* * * * *
5. The heading to part 126 is revised to read as follows:
PART 126--HANDLING OF CLASS 1 (EXPLOSIVE) MATERIALS OR OTHER
DANGEROUS CARGOES WITHIN OR CONTIGUOUS TO WATERFRONT FACILITIES
6. The authority citation for part 126 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
Sec. 126.05 [Amended]
7. In Sec. 126.05(a), remove the words ``parts 146 and'' and add,
in their place, the word ``part''.
Sec. 126.07 [Amended]
8. In Sec. 126.07(a), remove the words ``parts 146 and'' and add,
in their place, the word ``part''.
9. Section 126.09 is revised to read as follows:
Sec. 126.09 Designated dangerous cargo.
The term designated dangerous cargo means Division 1.1 and 1.2
explosives, as defined in 49 CFR 173.50.
10. In Sec. 126.10, paragraph (a) is revised to read as follows:
Sec. 126.10 Cargo of particular hazard.
* * * * *
(a) Division 1.1 or 1.2 explosives, as defined in 49 CFR 173.50.
* * * * *
Sec. 126.19 [Amended]
11. In Sec. 126.19, remove the paragraph designation from paragraph
(a) introductory text and redesignate paragraphs (a)(1), (a)(2), and
(a)(3) as paragraphs (a), (b), and (c), respectively, and remove the
words ``military explosives'' wherever they appear and add, in their
place, the words ``Class 1 (explosive) materials''.
Sec. 126.21 [Amended]
12. In Sec. 126.21(b), remove the words ``military explosives''
wherever they appear and add, in their place, the words ``Class 1
(explosive) materials''.
13. In Sec. 126.27, paragraphs (b)(1), (b)(2), and (c) are revised
to read as follows:
Sec. 126.27 General permit for handling dangerous cargo.
* * * * *
(b) * * *
(1) Division 1.3 (explosive) materials (as defined in 49 CFR
173.50), in excess of 1 net ton at any one time.
(2) Division 1.4 (explosive) materials (as defined in 49 CFR
173.50), in excess of 10 net tons at any one time.
* * * * *
(c) No Class 1 (explosive) materials (as defined in 49 CFR 173.50)
or other dangerous cargoes prohibited from, or not permitted for,
transportation by 46 CFR part 148 or 49 CFR parts 171 through 179 may
be present on the waterfront facility.
* * * * *
PART 160--PORTS AND WATERWAYS SAFETY
14. The authority citation for part 160 continues to read as
follows:
Authority: 33 U.S.C. 1231; 49 CFR 1.46.
15. Section 160.203 is amended by revising the heading and
paragraph (a) of the definition of Certain dangerous cargo to read as
follows:
Sec. 160.203 Definitions.
* * * * *
Certain dangerous cargo includes any of the following:
(a) Division 1.1 or 1.2 (explosive) materials, as defined in 49 CFR
173.50.
* * * * *
TITLE 46--[AMENDED]
PART 38--LIQUEFIED FLAMMABLE GASES
16. The authority citation for part 38 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 3306, 3703; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
17. In Sec. 38.01-2, revise paragraph (a)(9)(i) to read as follows:
Sec. 38.01-2 Transportation of portable cylinders or portable tanks
containing or having previously contained liquefied flammable gases in
dry cargo spaces--TB/ALL.
(a) * * *
(9) * * *
(i) Division 1.1, 1.2, 1.3, or 1.4 (explosive) materials, as
defined in 49 CFR 173.50.
* * * * *
PART 78--OPERATIONS
18. The authority citation for part 78 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp.,
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
19. Section 78.80-10 is revised to read as follows:
Sec. 78.80-10 Use of power-operated industrial trucks in various
locations.
(a) Spaces containing hazardous materials. The use of power-
operated industrial trucks in spaces containing hazardous materials
must be in accordance with 49 CFR 176.78.
(b) Other spaces. Any standard commercial type power-operated
industrial truck in safe operating condition and having the minimum
safety features of Sec. 78.80-7(c) may be used in spaces, and for
handling cargo in spaces, not otherwise prohibited by this subpart.
PART 97--OPERATIONS
20. The authority citation for part 97 is revised to read as
follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 2103, 3306, 6101; 49
U.S.C. App. 1804; E.O. 11735, 38 FR 21243; 3 CFR, 1971-1975 Comp.,
p. 793; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR
1.46.
21. Section 97.70-10 is revised to read as follows:
Sec. 97.70-10 Use of power-operated industrial trucks in various
locations.
(a) Spaces containing hazardous materials. The use of power-
operated industrial trucks in space containing hazardous materials must
be in accordance with 49 CFR 176.78.
(b) Other spaces. Any standard commercial type power-operated
industrial truck in safe operating condition and having the minimum
safety features of Sec. 97.70-7(c) may be used in spaces, and for
handling cargo in spaces, not otherwise prohibited by this subpart.
22. The heading to part 194 is revised to read as follows:
PART 194--HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER
HAZARDOUS MATERIALS
23. The authority citation for part 194 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 2113, 3306; 49 U.S.C. App. 1804; E.O.
12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46.
24. In Sec. 194.05-7, paragraphs (a), (b), and (d) introductory
text are revised to read as follows:
Sec. 194.05-7 Explosives--Detail requirements.
(a) Except as otherwise provided by this part, Division 1.1 and 1.2
(explosive) materials (as defined in 49 CFR 173.50) and blasting-caps
must be carried in magazines specifically fitted for that purpose as
described by subpart 194.10 of this part.
(b) Class 1 (explosive) materials (as defined in 49 CFR 173.50)
must be identified by their appropriate DOT classification.
* * * * *
(d) On-deck stowage of unfused depth-charges or other unfused-case-
type Class 1 (explosive) materials (as defined in 49 CFR 173.50) is
authorized as follows:
* * * * *
Dated: March 8, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-8376 Filed 4-7-94; 8:45 am]
BILLING CODE 4910-14-M
