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Vol. 81 Monday, No. 118 June 20, 2016

Pages 39867–40148

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 81, No. 118

Monday, June 20, 2016

Agriculture Department PROPOSED RULES See Food and Nutrition Service Federal Acquisition Regulations: See Forest Service Acquisition Threshold for Special Emergency See Grain Inspection, Packers and Stockyards Procurement Authority, 39882–39883 Administration Strategic Sourcing Documentation, 39883–39886 See National Institute of Food and Agriculture NOTICES See Rural Utilities Service Charter Renewals: Federal Advisory Committees, 39915 Alcohol, Tobacco, Firearms, and Explosives Bureau Education Department NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Proposed Priorities, Requirements, Definitions, and Submissions, and Approvals: Selection Criteria: Notification of Change of Mailing or Premise Address, Striving Readers Comprehensive Literacy Program, 39956–39957 39875–39882 NOTICES Antitrust Division Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Proposed Final Judgments and Impact Statements: Part D Discretionary Grant Application—Individuals with v. GTCR Fund X/A AIV LP, et al., 39957– Disabilities Education Act, 39915–39916 39967 Applications for New Awards: American Overseas Research Centers Program, 39916– Army Department 39920 NOTICES Meetings: Energy Department Board of Visitors, United States Military Academy, See Federal Energy Regulatory Commission 39914–39915 Privacy Act; Systems of Records, 39912–39914 Environmental Protection Agency NOTICES Broadcasting Board of Governors Proposed Consent Decrees: NOTICES Clean Air Act Citizen Suit, 39922–39923 Meetings; Sunshine Act, 39889 Federal Aviation Administration NOTICES Coast Guard Petitions for Exemption; Summaries: RULES BOSH Precision Agriculture, LLC dba Digital Harvest, Inspection of Towing Vessels, 40004–40147 39997 Regattas and Marine Parades; Great Lakes Annual Marine Cable News Network CNN, 39997–39998 Events, 39870–39871 NOTICES Florida Air Transport Inc., 39996–39997 Meetings: Federal Energy Regulatory Commission National Maritime Security Advisory Committee; Teleconferences, 39939–39940 NOTICES Combined Filings, 39920–39922 Records Governing Off-the-Record Communications, 39921– Commerce Department 39922 See Foreign-Trade Zones Board See International Trade Administration Federal Reserve System See National Oceanic and Atmospheric Administration NOTICES NOTICES Change in Bank Control: Agency Information Collection Activities; Proposals, Formations of, Acquisitions by, and Mergers of Bank Submissions, and Approvals, 39889 Holding Companies, 39925 Privacy Act; Systems of Records, 39923–39925 Comptroller of the Currency NOTICES Federal Retirement Thrift Investment Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 39925–39926 Risk Management Guidance for Higher Loan-to-Value Lending Programs in Communities Targeted for Fish and Wildlife Service Revitalization, 39998–40002 NOTICES Endangered and Threatened Wildlife and : Defense Department Four Species of the Santa Rosa Plain; Recovery Plan, See Army Department 39945–39946

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Environmental Assessments; Availability, etc.: NOTICES Wildcat Wind Farm, Draft Habitat Conservation Plan, Agency Information Collection Activities; Proposals, etc., Madison and Tipton Counties, IN, 39947–39949 Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Generic Clearance for the Collection of Qualitative Lower Klamath, Clear Lake, Tule Lake, Upper Klamath, Feedback on Agency Service Delivery, 39926–39927 and Bear Valley National Wildlife Refuges, Klamath County, OR; Siskiyou and Modoc Counties, CA, Grain Inspection, Packers and Stockyards Administration 39946–39947 NOTICES South Bay Salt Pond Restoration Project, Phase 2 at the Agency Information Collection Activities; Proposals, Eden Landing Ecological Reserve, 39949–39951 Submissions, and Approvals, 39887–39888 Permit Applications: Health and Human Services Department Endangered Species, 39955–39956 See Food and Drug Administration Endangered Species Recovery, 39951–39952 See Health Resources and Services Administration Proposed Low-Effect Habitat Conservation Plans: See National Institutes of Health Valley Elderberry Longhorn Beetle and Giant Garter See Substance Abuse and Mental Health Services Snake: South River Pump Station, Yolo County, CA, Administration 39952–39954 NOTICES Agency Information Collection Activities; Proposals, Food and Drug Administration Submissions, and Approvals: NOTICES Grants.gov, 39932–39934 Guidance: Evaluation and Reporting of Age, Race, and Ethnicity Health Resources and Services Administration Data in Medical Device Clinical Studies, 39927– NOTICES 39929 Agency Information Collection Activities; Proposals, Medical Devices; Exemption from Premarket Notification: Submissions, and Approvals, 39931–39932 Method, Metallic Reduction, Glucose (Urinary, Non- Quantitative) Test System in a Reagent Tablet Homeland Security Department Format; Republication, 39929–39930 See Coast Guard Meetings: Housing and Urban Development Department Bone, Reproductive and Urologic Drugs Advisory NOTICES Committee, 39930–39931 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food and Nutrition Service OneCPD Technical Assistance Needs Assessment, 39943– RULES 39944 Emergency Food Assistance Program: Veterans Home Rehabilitation Program, 39944–39945 Requirements for the Distribution and Control of Donated Environmental Impact Statements; Availability, etc.: Foods, 39869–39870 Rebuild by Design Meadowlands Flood Protection Project in Bergen County, NJ, 39940–39943 Foreign Claims Settlement Commission Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Probate Regulation Updates, 39874–39875 Claims of U.S. Nationals Referred to the Commission by Interior Department the Department of State Pursuant to the International See Fish and Wildlife Service Claims Settlement Act, 39967–39968 See Indian Affairs Bureau See Surface Mining Reclamation and Enforcement Office Foreign-Trade Zones Board NOTICES International Trade Administration Approval of Subzone Status: PROPOSED RULES Cabela’s Inc. Tooele, UT, 39889–39890 Price Adjustments in Antidumping Duty Proceedings, Proposed Production Activities: 39873–39874 Foreign-Trade Zone 133—Quad-Cities, Iowa/Illinois; NOTICES Deere and Co., Subzone 133F, 39890–39893 2016 Fee Schedule: National Travel and Tourism Office for the Advance Passenger Information System /I–92 Program, I–94 Forest Service International Arrivals Program, and Survey of NOTICES International Air Travelers Program, 39895–39897 Meetings: Antidumping or Countervailing Duty Investigations, Orders, Land Between the Lakes Advisory Board, 39887 or Reviews: Amorphous Silica Fabric from the People’s Republic of General Services Administration China, 39910–39911 PROPOSED RULES Circular Welded Non-Alloy Steel Pipe from the Republic Federal Acquisition Regulations: of Korea, 39908–39910 Acquisition Threshold for Special Emergency Crystalline Silicon Photovoltaic Cells, Whether or Not Procurement Authority, 39882–39883 Assembled into Modules, from the People’s Republic Strategic Sourcing Documentation, 39883–39886 of China, 39905–39908

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Fresh from the People’s Republic of China, 39897– Nuclear Regulatory Commission 39900 NOTICES New Pneumatic Off-The-Road Tires from India, 39903– Meetings: 39905 Advisory Committee on Reactor Safeguards New Pneumatic Off-The-Road Tires from Sri Lanka, Subcommittee on Planning and Procedures, 39969– 39900–39902 39970 Seamless Refined Copper Pipe and Tube from the Meetings; Sunshine Act, 39970 People’s Republic of China, 39893–39895 Postal Regulatory Commission Justice Department NOTICES See Alcohol, Tobacco, Firearms, and Explosives Bureau New Postal Products, 39970–39972 See Antitrust Division See Foreign Claims Settlement Commission Presidential Documents National Aeronautics and Space Administration PROCLAMATIONS Special Observances: RULES World Elder Abuse Awareness Day (Proc. 9462), 39867– Removal of Outdated and Duplicative Guidance, 39871 PROPOSED RULES 39868 Federal Acquisition Regulations: Acquisition Threshold for Special Emergency Rural Utilities Service Procurement Authority, 39882–39883 NOTICES Strategic Sourcing Documentation, 39883–39886 Funding Availability: Application Deadlines and Requirements for Guarantees National Endowment for the Humanities for Bonds and Notes Issued for Electrification or NOTICES Telephone Purposes Loan Program for Fiscal Year Meetings: 2016, 39888–39889 National Council on the Humanities, 39968–39969 Securities and Exchange Commission National Foundation on the Arts and the Humanities NOTICES See National Endowment for the Humanities Bylaw Amendments: Securities Investor Protection Corp., 39986–39990 National Institute of Food and Agriculture Orders: NOTICES Adjustment for Inflation of the Dollar Amount Tests Agency Information Collection Activities; Proposals, under the Investment Advisers Act, 39985–39986 Submissions, and Approvals, 39888 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 39972–39976 National Institutes of Health Bats EDGX Exchange, Inc., 39981–39984 NOTICES NASDAQ BX, Inc., 39984–39985 Meetings: NASDAQ PHLX, LLC, 39979–39981 Center for Scientific Review, 39935–39936, 39938 NYSE Arca, Inc., 39976–39978 Eunice Kennedy Shriver National Institute of Child The NASDAQ Stock Market, LLC, 39972 Health and Human Development, 39934, 39937 National Center for Complementary and Integrative Social Security Administration Health, 39934–39935 NOTICES National Heart, Lung, and Blood Institute, 39934, 39937– Agency Information Collection Activities; Proposals, 39938 Submissions, and Approvals, 39990–39992 National Human Genome Research Institute, 39935 National Institute of Neurological Disorders and Stroke, 39937 State Department National Institute on Drug Abuse, 39936–39937 NOTICES Agency Information Collection Activities; Proposals, National Oceanic and Atmospheric Administration Submissions, and Approvals: RULES Application for the Permanent Export, Temporary Export, Fisheries of the Northeastern United States: or Temporary Import of Defense Munitions, Defense Northeast Multispecies Fishery; Trimester Total Services, and Related Technical Data, 39994 Allowable Catch Area Closure for the Common Pool Disclosure of Violations of the Arms Export Control Act, Fishery, 39871–39872 39994–39995 NOTICES Statement of Material Change, Merger, Acquisition, or Endangered and Threatened Species: Divestment of a Registered Party, 39992–39993 Take of Anadromous Fish, 39911–39912 Authority to Waive Part of the FREEDOM Support Act, 39993 National Science Foundation NOTICES Substance Abuse and Mental Health Services Meetings: Administration President’s Committee on the National Medal of Science, 39969 NOTICES Permit Modifications under the Antarctic Conservation Act, Agency Information Collection Activities; Proposals, 39969 Submissions, and Approvals, 39938–39939

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Surface Mining Reclamation and Enforcement Office PROPOSED RULES Ensuring that Companies with a History of Financial Separate Parts In This Issue Insolvency, and Their Subsidiary Companies, Are Not Allowed to Self-Bond Coal Mining Operations, 39875 Part II Homeland Security Department, Coast Guard, 40004–40147 Surface Transportation Board NOTICES Abandonment Exemptions: Reader Aids Union Pacific Railroad Co. in Alameda County, CA, 39995–39996 Consult the Reader Aids section at the end of this issue for Quarterly Rail Cost Adjustment Factor, 39996 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Transportation Department To subscribe to the Federal Register Table of Contents See Federal Aviation Administration LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list Treasury Department archives, FEDREGTOC-L, Join or leave the list (or change See Comptroller of the Currency settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 9462...... 39867 7 CFR 250...... 39869 251...... 39869 19 CFR Proposed Rules: 351...... 39873 25 CFR Proposed Rules: 15...... 39874 30 CFR Proposed Rules: 800...... 39875 33 CFR 100...... 39870 34 CFR Proposed Rules: Ch. II ...... 39875 43 CFR Proposed Rules: 30...... 39874 46 CFR 1...... 40004 2...... 40004 15...... 40004 136...... 40004 137...... 40004 138...... 40004 139...... 40004 140...... 40004 141...... 40004 142...... 40004 143...... 40004 144...... 40004 199...... 40004 48 CFR 1817...... 39871 1852...... 39871 Proposed Rules: 2...... 39882 8...... 39883 13 (2 documents) ...... 39882, 39883 19...... 39882 50 CFR 648...... 39871

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Federal Register Presidential Documents Vol. 81, No. 118

Monday, June 20, 2016

Title 3— Proclamation 9462 of June 15, 2016

The President World Elder Abuse Awareness Day, 2016

By the President of the United States of America

A Proclamation Too often, elder abuse, neglect, and exploitation threaten the livelihoods of older individuals and erode their extraordinary potential. One in ten seniors in America experiences mistreatment or abuse—including domestic and sexual violence—and because these incidents are vastly underreported, only a limited number of victims are able to get the help they need. Today, we join our international partners in renewing our commitment to combat and raise awareness of elder abuse, and in striving to ensure security and dignity for all seniors. Worldwide, millions of people—predominantly women—experience different forms of elder abuse, including physical, emotional, and sexual abuse. Theft, fraud, and other types of financial exploitation also affect seniors across socioeconomic lines, and neglect and abandonment can cause great harm to vulnerable older individuals. My Administration is dedicated to addressing this serious problem by providing care to survivors of abuse, transforming our Nation’s criminal justice systems to better understand elder abuse as a criminal issue, and increasing public awareness of warning signs and prevention strategies. Additionally, because the majority of elder abuse vic- tims are women, we are working to support women domestically and abroad and to combat gender-based violence around the world. One of the best measures of a country is how it treats its older citizens. My Administration is devoted to strengthening Medicare, Medicaid, the Older Americans Act, and Social Security. Together, these programs have significantly reduced the rate of seniors living in poverty, helped older Americans access health care and quality care services, and allowed older Americans to remain independent as they age. The Elder Justice Act, enacted as part of the Affordable Care Act, took new steps to address elder abuse, neglect, and exploitation and established an Elder Justice Coordinating Coun- cil through which Federal agencies are working together to address elder abuse and neglect. And our commitment to supporting survivors of all ages is reflected in the Violence Against Women Act, which dedicates Federal funds to victim service providers, law enforcement, and prosecutors working to respond to domestic and sexual violence experienced by older adults. Last year, I was proud to host the White House Conference on Aging to identify ways we can improve the quality of life for older Americans and enable them to live in retirement with dignity. Held once a decade, this conference brought together older Americans, their families, caregivers, and advocates to focus on key issue areas, including the importance of elder justice. In addition to taking new steps to expand protections against financial exploitation, assist victims of crimes, and review the science of understanding and preventing abuse through better screening tools, we have built on many of the Federal efforts already underway and are working to support aging Americans for decades to come. On World Elder Abuse Awareness Day, let us resolve to give all people the tools and support they need to live out their golden years in peace and security. Let us fight cruelty against seniors wherever it exists, and

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together, let us stamp out all forms of elder abuse—here at home and across the globe. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 15, 2016, as World Elder Abuse Awareness Day. I call upon all Americans to observe this day by learning the signs of elder abuse, neglect, and exploitation, and by raising awareness about this important public health issue. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of June, in the year of our Lord two thousand sixteen, and of the Independ- ence of the United States of America the two hundred and fortieth.

[FR Doc. 2016–14638 Filed 6–17–16; 8:45 am] Billing code 3295–F6–P

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Rules and Regulations Federal Register Vol. 81, No. 118

Monday, June 20, 2016

This section of the FEDERAL REGISTER correction resolves these errors by ■ f. Revise newly redesignated contains regulatory documents having general providing the correct title and paragraphs (c)(5)(viii)(G) and (c)(4)(xi). applicability and legal effect, most of which regulatory text for 7 CFR part 250. This ■ g. Remove newly redesignated are keyed to and codified in the Code of final rule correction also makes a paragraph (c)(5)(xiv) and redesignate Federal Regulations, which is published under technical correction in 7 CFR newly redesignated paragraphs 50 titles pursuant to 44 U.S.C. 1510. 250.30(c)(1)(vi) by removing parts (A) (c)(5)(xv) through (xviii) as paragraphs The Code of Federal Regulations is sold by and (B) and combining these sections to (c)(5)(xiv) through (xvii).’’ ■ the Superintendent of Documents. Prices of ensure readers clearly understand the f. On page 23110, in the third column, new books are listed in the first FEDERAL requirements for processing contracts add new paragraph (c)(2). REGISTER issue of each week. set forth in this section. All other ■ g. On page 23110, in the second information in the final rule remains column, add a new instruction d4 to unchanged. read as follows: DEPARTMENT OF AGRICULTURE ■ ‘‘d4. In newly redesignated paragraph Corrections (c)(5)(ii), remove the words ‘‘(c)(4)(iii)’’ Food and Nutrition Service ■ 1. In the final rule title: and add in their place ‘‘(c)(5)(iii).’’ ■ a. On page 23086, in the first column, The addition reads as follows: 7 CFR Parts 250 and 251 revise the final rule subject heading. § 250.30 State processing of donated [FNS–2014–0040] The revision reads as follows: foods. Requirements for the Distribution and RIN 0584–AE29 * * * * * Control of Donated Foods and The (c) * * * Requirements for the Distribution and Emergency Food Assistance Program: (2) These criteria will be reviewed by Control of Donated Foods and The Implementation of the Agricultural Act the appropriate FNS Regional Office Emergency Food Assistance Program: of 2014 during the management evaluation Implementation of the Agricultural Act ■ 2. In 7 CFR part 250, on page 23100, review of the distributing agency. of 2014 in the second column, revise the part Distributing agencies and heading to read as follows: subdistributing agencies which enter AGENCY: Food and Nutrition Service into contracts on behalf of recipient (FNS), USDA. PART 250—DONATION OF FOODS agencies but which do not limit the ACTION: Final rule; correction. FOR USE IN THE UNITED STATES, ITS types of end products which can be sold TERRITORIES AND POSSESSIONS or the number of processors which can SUMMARY: This document contains AND AREAS UNDER ITS sell end products within the State are corrections to the final rule published in JURISDICTION not required to follow the selection the Federal Register on April 19, 2016, criteria. In addition to utilizing these ‘‘Requirements for the Distribution and ■ 3. In § 250.30: ■ selection criteria, when a contracting Control of Donated Foods—The a. On page 23110, in the second and agency enters into a contract both for Emergency Food Assistance Program: third columns, remove (c)(1)(vi)(A) and the processing of donated food and the Implementation of the Agricultural Act (B). purchase of the end products produced ■ b. On page 23110, in the second of 2014.’’ from the donated food, the procurement column, add a new instruction d1 to DATES: This document is effective June standards set forth in 2 CFR part 200, 20, 2016. read as follows: ■ ‘‘d1. Redesignate paragraphs (c)(2) subpart D and Appendix II, Contract FOR FURTHER INFORMATION CONTACT: Provisions for Non-Federal Entity Carolyn Smalkowski, Program Analyst, through (c)(4) as (c)(3) through (c)(5).’’ ■ c. On page 23110, in the second Contracts Under Federal Awards and Policy Branch, Food Distribution column, add a new instruction d2 to USDA implementing regulations at 2 Division, Food and Nutrition Service, read as follows: CFR part 400 and Part 416 must be 3101 Park Center Drive, Room 500, ■ ‘‘d2. In paragraph (c)(1), remove the followed. Recipient agencies which Alexandria, Virginia 22302, or by words ‘‘(c)(3), (c)(4)(ii), and purchase end products produced under telephone (703) 305–2680. (c)(4)(viii)(B)’’ and add in their place Statewide agreements are also required SUPPLEMENTARY INFORMATION: The Food ‘‘(c)(4), (c)(5)(ii), and (c)(5)(viii)(B).’’ ’’ to comply with 2 CFR part 200, subpart and Nutrition Service published a final ■ d. On page 23110, in the second D and USDA implementing regulations rule in the Federal Register, 81 FR column, add a new instruction d3 to at 2 CFR part 400 and Part 416. 23086, on April 19, 2016, to amend read as follows: Contracting agencies shall not enter into Food Distribution regulations at 7 CFR ■ ‘‘d3. In paragraph (c)(1), remove the contracts with processors which cannot part 250 and 7 CFR part 251 to revise words ‘‘(c)(4)(xi)’’ and add in their place demonstrate the ability to meet the and clarify requirements to ensure that ‘‘(c)(5)(xi).’’ ’’ terms and conditions of the regulations USDA donated foods are distributed, ■ e. On page 23110, in the second and the distributing agency agreements; stored, and managed in the safest, most column, revise instructions 4e, 4f, and furnish prior to the delivery of any efficient, and cost-effective manner, at 4g to read as follows: donated foods for processing, a State and recipient agency levels. The ■ ‘‘e. Amend newly redesignated performance bond, an irrevocable letter final rule misstated the title of the rule paragraphs (c)(5)(iii) and (f)(1) by of credit or an escrow account in an and misspelled the word ‘‘Territories’’ removing the reference ‘‘§ 250.3’’ and amount sufficient to protect the contract in the title of 7 CFR part 250 of the adding in its place the reference value of donated food on hand and on regulatory text. This final rule ‘‘§ 250.2’’. order; demonstrate the ability to

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distribute end products to eligible (1) § 100.919 International Bay City unless authorized by the Coast Guard recipient agencies; provide a satisfactory River Roar, Bay City, MI. patrol commander (PATCOM). The record of integrity, business ethics and This special local regulation will be PATCOM may restrict vessel operation performance and provide adequate enforced from 9 a.m. to 6 p.m. on June within the regulated area to vessels storage. 25 and 26, 2016. A regulated area is having particular operating * * * * * established to include all waters of the characteristics. Saginaw River bounded on the north by Vessels permitted to enter this Dated: June 15, 2016. the Liberty Bridge, located at 43°36.3′ regulated area must operate at a no- Telora T. Dean, N., 083°53.4′ W., and bounded on the wake speed and in a manner that will Acting Administrator, Food and Nutrition south by the Veterans Memorial Bridge, not endanger race participants or any Service. located at 43°35.8′ N., 083°53.6′ W. In other craft. [FR Doc. 2016–14498 Filed 6–17–16; 8:45 am] case of rain on any of the race days, this The PATCOM may direct the BILLING CODE 3410–30–P special local regulation may be enforced anchoring, mooring, or movement of an additional day on June 27, 2016 from any vessel within this regulated area. A 9 a.m. until 6 p.m. succession of sharp, short signals by DEPARTMENT OF HOMELAND (2) § 100.914 Trenton Rotary Roar on whistle or horn from vessels patrolling SECURITY the River, Trenton, MI. the area under the direction of the This special local regulation will be PATCOM shall serve as a signal to stop. Coast Guard enforced from 8 a.m. to 8 p.m. on July Vessels so signaled shall stop and shall 15, 16, and 17, 2016. The regulated area comply with the orders of the PATCOM. 33 CFR Part 100 is established to include all waters of Failure to do so may result in expulsion the Detroit River, Trenton, Michigan, from the area, a Notice of Violation for [Docket No. USCG–2016–0458] bounded by an east/west line beginning failure to comply, or both. If it is deemed necessary for the RIN 1625–AA08 at a point of land at the northern end of Elizabeth Park in Trenton, MI, located at protection of life and property, the Regattas and Marine Parades; Great position 42°8.2′ N.; 083°10.6′ W., PATCOM may terminate at any time the Lakes Annual Marine Events extending east to a point near the center marine event or the operation of any of the Trenton Channel located at vessel within the regulated area. AGENCY: Coast Guard, DHS. position 42°8.2′ N.; 083°10.4′ W., In accordance with the general ACTION: Notice of enforcement of extending south along a north/south regulations in § 100.35 of this part, the regulation. line to a point at the Grosse Ile Parkway Coast Guard will patrol the regatta area Bridge located at position 42°7.7′ N.; under the direction of a designated SUMMARY: The Coast Guard will enforce 083°10.5′ W., extending west along a Coast Guard Patrol Commander various special local regulations for line bordering the Grosse Ile Parkway (PATCOM). The PATCOM may be annual regattas and marine parades in Bridge to a point on land located at contacted on Channel 16 (156.8 MHz) the Captain of the Port Detroit zone from position 42°7.7′ N.; 083°10.7′ W., and by the call sign ‘‘Coast Guard Patrol June 25, 2016 through September 24, along the shoreline to the point of Commander.’’ 2016. Enforcement of these regulations origin. This area is in the Trenton Under the provisions of 33 CFR is necessary and intended to ensure Channel between Trenton and Grosse 100.928, vessels transiting within the safety of life on the navigable waters Isle, MI. regulated area shall travel at a no-wake immediately prior to, during, and (3) § 100.915 St. Clair River Classic speed and remain vigilant for event immediately after these regattas or Offshore Race, St. Clair, MI. participants and safety craft. marine parades. During the This special local regulation will be Additionally, vessels shall yield right- aforementioned period, the Coast Guard enforced from 10 a.m. to 7 p.m. each of-way for event participants and event will enforce restrictions upon, and day from July 25, 2015 through July 31, safety craft and shall follow directions control movement of, vessels in a 2015. A regulated area is established to given by the Coast Guard’s on-scene specified area immediately prior to, include all waters of the St. Clair River, representative or by event during, and immediately after regattas St. Clair, Michigan, bounded by latitude representatives during the event. or marine parades. 42°52′00″ N. to the north; latitude The ‘‘on-scene representative’’ of the DATES: The regulations in 33 CFR 42°49′00″ N. to the south; the shoreline Captain of the Port Detroit is any Coast 100.914, 100.915, 100.919, and 100.928 of the St. Clair River on the west; and Guard commissioned, warrant, or petty will be enforced at specified dates and the international boundary line on the officer who has been designated by the times between June 25, 2016 and east. Captain of the Port Detroit to act on his September 24, 2016. (4) § 100.928 Frogtown Race Regatta, behalf. The on-scene representative of the Captain of the Port Detroit will be FOR FURTHER INFORMATION CONTACT: If Toledo, OH. you have questions on this document, The special local regulation will be aboard either a Coast Guard or Coast call or email Petty Officer Todd Manow, enforced from 5 a.m. to 7 p.m. on Guard Auxiliary vessel. The Captain of Prevention Department, U.S. Coast September 24, 2016. This special local the Port, Sector Detroit or his designated Guard Sector Detroit, 110 Mount Elliot regulation will encompass all navigable on scene representative may be Ave., Detroit MI 48207; telephone waters of the United States on the contacted via VHF Channel 16. The rules in this section shall not (313)568–9580, email Todd.M.Manow@ Maumee River, Toledo, OH, from the apply to vessels participating in the uscg.mil. Norfolk and Southern Railway Bridge at River Mile 1.80 to the Anthony Wayne event or to government vessels SUPPLEMENTARY INFORMATION: The Coast Bridge at River Mile 5.16. patrolling the regulated area in the Guard will enforce the following special performance of their assigned duties. local regulations listed in 33 CFR part Special Local Regulations This document is issued under 100, Safety of Life on Navigable Waters, In accordance with § 100.901, entry authority of 33 CFR 100.35 and 5 U.S.C. on the following dates and times, which into, transiting, or anchoring within 552(a). If the Captain of the Port are listed in chronological order: these regulated areas is prohibited determines that any of these special

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local regulations need not be enforced II. Executive Orders 12866 and 13563 PART 1852—SOLICITATION for the full duration stated in this PROVISIONS AND CONTRACT document, he may suspend such Executive Orders (E.O.s) 12866 and CLAUSES enforcement and notify the public of the 13563 direct agencies to assess all costs suspension via a Broadcast Notice to and benefits of available regulatory 1852.210–70, 1852.212–70, and 1852.212–74 Mariners. alternatives and, if regulation is [Removed] ■ Dated: June 14, 2016. necessary, to select regulatory 3. Remove sections 1852.210–70, approaches that maximize net benefits Scott B. Lemasters, 1852.212–70, and 1852.212–74. (including potential economic, Captain, U.S. Coast Guard, Captain of the [FR Doc. 2016–14460 Filed 6–17–16; 8:45 am] Port Detroit. environmental, public health, and safety BILLING CODE 7510–01–P effects, distributive impacts, and [FR Doc. 2016–14483 Filed 6–17–16; 8:45 am] equity). E.O. 13563 emphasizes the BILLING CODE 9110–04–P importance of quantifying both costs DEPARTMENT OF COMMERCE and benefits, of reducing costs, of harmonizing rules, and of promoting National Oceanic and Atmospheric NATIONAL AERONAUTICS AND flexibility. This is not a significant Administration SPACE ADMINISTRATION regulatory action and, therefore, was not subject to review under section 6(b) of 50 CFR Part 648 48 CFR Parts 1817 and 1852 E.O. 12866, Regulatory Planning and [Docket No. 151211999–6343–02] Review, dated September 30, 1993. This RIN 2700–AE28 rule is not a major rule under 5 U.S.C. RIN 0648–XE683 804. Removal of Outdated and Duplicative Fisheries of the Northeastern United Guidance (2016–N010) III. Regulatory Flexibility Act States; Northeast Multispecies Fishery; Trimester Total Allowable AGENCY: National Aeronautics and NASA certifies that this final rule will Catch Area Closure for the Common Space Administration. not have a significant economic impact Pool Fishery on a substantial number of small entities ACTION: Final rule. within the meaning of the Regulatory AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and SUMMARY: National Aeronautics and Flexibility Act, 5 U.S.C. 601, et seq., because this rule removes from the CFR Atmospheric Administration (NOAA), Space Administration (NASA) is issuing Commerce. a final rule amending the NASA FAR only information that is either Supplement (NFS) to remove considered internal Agency ACTION: Temporary rule; area closure. administrative procedures or extraneous duplicative language of the FAR and SUMMARY: This action closes the Cape provisions or clauses that were superseded NFS guidance. The revision Cod/Gulf of Maine yellowtail flounder is part of NASA’s retrospective plan invalidated by previous final rules. Trimester Total Allowable Catch Area to under Executive Order (E.O.) 13563 IV. Paperwork Reduction Act Northeast multispecies common pool completed in August 2011. vessels fishing with gillnet and trawl DATES: Effective: July 20, 2016. The rule does not contain any gear for the remainder of Trimester 1, FOR FURTHER INFORMATION CONTACT: Mr. information collection requirements that through August 31, 2016. The closure is Manuel Quinones, telephone (202) 358– require the approval of the Office of required by regulation because the 2143. Management and Budget under the common pool fishery has caught 90 Paperwork Reduction Act (44 U.S.C. percent of its Trimester 1 quota for Cape SUPPLEMENTARY INFORMATION: chapter 35). Cod/Gulf of Maine yellowtail flounder. I. Background This closure is intended to prevent an List of Subjects in 48 CFR Parts 1817 overage of the common pool’s quota for NASA published a proposed rule in and 1852 this stock. the Federal Register at 81 FR 17124 on March 28, 2016, to remove duplicative Government procurement. DATES: This action is effective June 15, 2016, through August 31, 2016. language of the FAR and superseded Manuel Quinones, NFS guidance. This rule removes from FOR FURTHER INFORMATION CONTACT: Aja the Code of Federal Regulations (CFR) NASA FAR Supplement Manager. Szumylo, Fishery Policy Analyst, (978) those portions of the NFS containing Accordingly, 48 CFR parts 1817 and 281–9195. information that consists of internal 1852 are amended as follows: SUPPLEMENTARY INFORMATION: Federal Agency administrative procedures and ■ regulations at § 648.82(n)(2)(ii) require guidance that does not control the 1. The authority citation for parts the Regional Administrator to close a relationship between NASA and 1817 and 1852 continues to read as common pool Trimester Total contractors or prospective contractors. follows: Allowable Catch (TAC) Area for a stock Additionally, NASA identified a Authority: 51 U.S.C. 20113(a) and 48 CFR when 90 percent of the Trimester TAC number of NFS parts and sections to be chapter 1. is projected to be caught. The closure (1) deleted because of its duplication of applies to all common pool vessels the FAR or (2) relocated as internal PART 1817—SPECIAL CONTRACTING fishing with gear capable of catching Agency operating procedures to a NASA METHODS that stock for the remainder of the maintained Web site available on the trimester. internet at http://www.hq.nasa.gov/ 1817.200 and 1817.204 [Removed] As of June 7, 2016, the common pool office/procurement/regs/nfstoc.htm. No ■ 2. Remove sections 1817.200 and fishery caught approximately 75 percent public comments were received in 1817.204. of the Trimester 1 TAC (5.5 mt) for Cape response to the proposed rule. Cod/Gulf of Maine (CC/GOM) yellowtail

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flounder. We project that 90 percent of the next trimester. However, any 90 percent of the Trimester TAC for a the Trimester 1 TAC will be caught by uncaught portion of the common pool’s stock has been caught. Updated catch June 11, 2016. The fishing year 2016 sub-ACL may not be carried over into information only recently became common pool sub-annual catch limit the following fishing year. available indicating that the common (sub-ACL) for CC/GOM yellowtail Weekly quota monitoring reports for pool fishery has caught 90 percent of its flounder is 14.5 mt. the common pool fishery are on our Trimester 1 TAC for CC/GOM yellowtail Effective June 15, 2016, the CC/GOM Web site at: http:// flounder as of June 11, 2016. The time yellowtail flounder Trimester TAC Area www.greateratlantic.fisheries.noaa.gov/ necessary to provide for prior notice and is closed for the remainder of Trimester ro/fso/MultiMonReports.htm. We will comment, and a 30-day delay in 1, through August 31, 2016, to all continue to monitor common pool catch effectiveness, prevents the immediate common pool vessels on a Northeast through vessel trip reports, dealer- closure of the CC/GOM yellowtail multispecies day-at-sea fishing with reported landings, VMS catch reports, flounder Trimester 1 TAC Area. This gillnet and trawl gear. The CC/GOM and other available information, and, if increases the likelihood that the yellowtail flounder Trimester TAC Area necessary, we will make additional common pool fishery exceeds its quota consists of statistical areas 514 and 521. adjustments to common pool of CC/GOM yellowtail flounder to the The area reopens at the beginning of management measures. detriment of this stock, which could Trimester 2 on September 1, 2016. Classification undermine management objectives of If a vessel declared its trip through the the Northeast Multispecies Fishery This action is required by 50 CFR part Management Plan. Additionally, an Vessel Monitoring System (VMS) or the 648 and is exempt from review under interactive voice response system, and overage of the common pool quota Executive Order 12866. could cause negative economic impacts crossed the VMS demarcation line prior The Assistant Administrator for to the common pool fishery as a result to June 15, 2016, it may complete its trip Fisheries, NOAA, finds good cause of overage paybacks in a future trimester within the Trimester TAC Area. pursuant to 5 U.S.C. 553(b)(B) and 5 or fishing year. Any overage of the Trimester 1 or 2 U.S.C. 553(d)(3) to waive prior notice TACs must be deducted from the and the opportunity for public comment Authority: 16 U.S.C. 1801 et seq. Trimester 3 TAC. If the common pool and the 30-day delayed effectiveness Dated: June 14, 2016. fishery exceeds its sub-ACL for the 2016 period because it would be fishing year, the overage must be impracticable and contrary to the public Emily H. Menashes, deducted from the common pool’s sub- interest. Acting Director, Office of Sustainable ACL for fishing year 2017. Any The regulations require the Regional Fisheries, National Marine Fisheries Service. uncaught portion of the Trimester 1 and Administrator to close a trimester TAC [FR Doc. 2016–14464 Filed 6–15–16; 4:15 pm] Trimester 2 TACs is carried over into area to the common pool fishery when BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 81, No. 118

Monday, June 20, 2016

This section of the FEDERAL REGISTER Compliance, Room 18022, Department proceedings initiated on or after 30 days contains notices to the public of the proposed of Commerce, 14th Street and following the publication date of the issuance of rules and regulations. The Constitution Ave. NW., Washington, DC final rule that results from this purpose of these notices is to give interested 20230. Comments submitted directly to rulemaking. As the prior applicability persons an opportunity to participate in the the Department will be uploaded to the date was not included in the modified rule making prior to the adoption of the final rules. eRulemaking Portal at regulations, 19 CFR 351.102(b)(38) and www.Regulations.gov. 19 CFR 351.401(c), the Department is The Department will consider all not proposing to amend its regulations. DEPARTMENT OF COMMERCE comments received before the close of The only change to the Final Rule being the comment period. All comments addressed in this proposed rule and International Trade Administration responding to this notice will be a request for comment is a change to the matter of public record and will be applicability date of the Final Rule. In 19 CFR Part 351 available on the Federal eRulemaking addition, because the Department is Portal at www.Regulations.gov. The merely clarifying its intent with respect [Docket No. 140929814–4814–01] Department will not accept comments to the applicability date of the Final RIN 0625–AB02 accompanied by a request that part or Rule, and is not altering the substance all of the material be treated of the Final Rule in any way, we are Correction to Applicability Date for confidentially because of its business providing parties with 15 days to Modification of Regulations Regarding proprietary nature or for any other comment on this proposed rule. Price Adjustments in Antidumping reason. Although one commenter commented Duty Proceedings Any questions concerning file on the effective date of the Final Rule, formatting, document conversion, that comment related to which entries AGENCY: Enforcement and Compliance, access on the Internet, or other would be subject to the Final Rule. We International Trade Administration, electronic filing issues should be disagreed with the commenter that it Department of Commerce. addressed to Moustapha Sylla, would be unfair to apply the rule to ACTION: Proposed rule. Enforcement and Compliance entries made prior to the effective date Webmaster, at (202) 482–4685, email of the Final Rule. 81 FR at 15645. We SUMMARY: The Department of Commerce address: webmaster-support@ addressed the entry comment but (the Department) proposes to modify the ita.doc.gov. applicability date contained in the final inadvertently failed to ensure that the FOR FURTHER INFORMATION CONTACT: rule published in the Federal Register applicability date read ‘‘segments of on March 24, 2016, Modification of Jessica Link at (202) 482–1411. proceedings’’ rather than ‘‘proceedings’’ Regulations Regarding Price SUPPLEMENTARY INFORMATION: On March in the Final Rule. Adjustments in Antidumping Duty 24, 2016, the Department published a Classification Proceedings, 81 FR 15641, and is final rule in the Federal Register seeking comments from parties. The modifying 19 CFR 351.102(b)(38) and 19 Executive Order 12866 original applicability date language did CFR 351.401(c). Modification of It has been determined that this not convey the Department’s intention, Regulations Regarding Price proposed rule is not significant for i.e., to apply the newly amended Adjustments in Antidumping Duty purposes of Executive Order 12866. regulation to all segments of Proceedings, 81 FR 15641 (March 24, Paperwork Reduction Act proceedings initiated on or after the 2016) (Final Rule). The Dates section of effective date contained in the Federal the Final Rule states: ‘‘Effective date: This proposed rule contains no new Register notice. This action is necessary April 25, 2016. Applicability date: This collection of information subject to the to ensure that there is no ambiguity in rule will apply to all proceedings Paperwork Reduction Act, 44 U.S.C. the application of the modified initiated on or after April 25, 2016.’’ Chapter 35. regulations. The applicability date does not convey the Department’s intention, i.e., Executive Order 13132 DATES: To be assured of consideration, to apply the newly amended regulations This proposed rule does not contain written comments must be received no to all segments of proceedings initiated policies with federalism implications as later than July 5, 2016. on or after the effective date of the Final that term is defined in section 1(a) of ADDRESSES: All comments must be Rule. Although ‘‘proceedings’’ can be Executive Order 13132, dated August 4, submitted through the Federal interpreted generally to include any 1999 (64 FR 43255 (August 10, 1999)). eRulemaking Portal at http:// segment of an administrative case before www.regulations.gov, Docket No. ITA– Enforcement and Compliance that is Regulatory Flexibility Act 2016–003, unless the commenter does initiated on or after the effective date, The Chief Counsel for Regulation has not have access to the internet. ‘‘proceeding’’ and ‘‘segment of certified to the Chief Counsel for Commenters that do not have access to proceeding’’ are defined separately in 19 Advocacy of the Small Business the internet may submit the original and CFR 351.102(b)(40) and 19 CFR Administration under the provisions of one electronic copy on CD–ROM of each 351.102(b)(47), respectively. To avoid the Regulatory Flexibility Act, 5 U.S.C. set of comments by mail or hand any ambiguity and to clarify the 605(b), that this proposed rule would delivery/courier. All comments should Department’s intent, the applicability not have a significant economic impact be addressed to Paul Piquado, Assistant date is being modified such that the on a substantial number of small Secretary for Enforcement & Final Rule will apply to segments of business entities. This proposed rule

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merely corrects the applicability date of DEPARTMENT OF THE INTERIOR ADDRESSES: You may submit comments the Final Rule, Modification of by one of the following methods: Regulations Regarding Price Bureau of Indian Affairs • Email: [email protected]. Adjustments in Antidumping Duty • By hard copy: Submit by U.S. mail Proceedings, 81 FR 15641 (March 24, 25 CFR Part 15 or hand delivery to: Ms. Elizabeth 2016), which entailed a substantive Appel, Office of Regulatory Affairs and change in the Department’s regulations, 43 CFR Part 30 Collaborative Action, U.S. Department and for which it was determined that [167A2100DD/AAKC001030/ of the Interior, 1849 C Street NW., MS– there would be no significant economic A0A501010.999900 253G] 3071–MIB, Washington, DC 20240. impact on a substantial number of small Please see the SUPPLEMENTARY Probate Regulation Updates entities. As a result, this proposed INFORMATION section of this notice for correction of the applicability date of AGENCY: Bureau of Indian Affairs, information on the Tribal consultation the Final Rule similarly would not have Interior. sessions. a significant economic impact on a ACTION: Notice of Tribal consultation. FOR FURTHER INFORMATION CONTACT: substantial number of small entities. For Elizabeth Appel, Director, Office of this reason, an Initial Regulatory SUMMARY: The Department of the Interior (‘‘Department’’) plans to Regulatory Affairs and Collaborative Flexibility Analysis is not required and conduct two Tribal consultation Action, Office of the Assistant one has not been prepared. sessions with federally recognized Secretary—Indian Affairs; telephone Dated: June 13, 2016. Tribes across the country. These (202) 273–4680, elizabeth.appel@ bia.gov. Paul Piquado, meetings will provide a forum for Tribes Assistant Secretary for Enforcement and to share insights and make SUPPLEMENTARY INFORMATION: recommendations related to the probate Compliance. Tribal Consultation Sessions [FR Doc. 2016–14427 Filed 6–17–16; 8:45 am] of Indian estates. DATES: BILLING CODE 3510–DS–P Written comments must be The Department will be hosting two received by August 1, 2016. Please see Tribal consultation sessions by the SUPPLEMENTARY INFORMATION section teleconference. Tribes were notified of of this notice for dates of Tribal these consultation sessions by letter on consultation sessions. June 8, 2016. The sessions are:

Time Date (eastern time) Location

Tuesday, July 12, 2016 ...... 2:00 p.m.–4:00 p.m ...... Call-in Number: (800) 857–7479 Passcode: 6543434 Wednesday, July 13, 2016 ...... 2:00 p.m.–4:00 p.m ...... Call-in Number: (800) 857–7479 Passcode: 6543434

The Department will also be hosting While individuals may submit funeral 2. Allowing BIA To Make Minor Estate a listening session on Monday, June 27, related claims to be paid from estate Inventory Corrections in Spokane, Washington, in conjunction account funds at any time before the The current regulation, at 43 CFR with the National Congress of American conclusion of the first hearing by the 30.126, requires a judge to issue a Indians mid-year conference. The Office of Hearings and Appeals (OHA), modification order if trust or restricted Department will accept written the Bureau of Indian Affairs (BIA) is property belonging to a decedent is comments received by the date listed in aware that family members sometimes omitted from the inventory of an estate. the DATES section of this notice. suffer financial hardship and lengthy As a result, it can take significant time As described below, we have delays as the estate is finalized and to make minor estate inventory identified three areas for modification claims are approved. corrections to include omitted property. that will have an immediate impact in Revisions under consideration: Revision under consideration: streamlining the probate process. We are • The BIA is considering a regulatory • The BIA is considering a seeking comments with regard to the modification to grant the BIA the modification to this subpart that would following topics, and welcome insight authority to make estate inventory increase the amount of funds available on other aspects of the probate modifications when heirship has to use for funeral expenses. One regulatory framework that could be already been determined by an OHA improved. proposed modification would amend order. The BIA would notify all current regulations by increasing the interested parties to an estate in the Probate Revisions Currently Under amount an individual my request from Consideration event property interests were to be the decedent’s IIM to no more than added. As in this current regulatory 1. Increasing the Monetary Limit for $5,000 for funeral expenses. The section, any modification that would Distribution of IIM Account Funds to account must still contain a minimum result in property taking a different line Pay for Funeral Services From $1,000 to balance of $2,500 in order to approve an of descent would still require OHA $5,000 expense under this section. issuing a decision to re-determine heirs. The regulation, at 25 CFR 15.301 • In the interests of preserving estate For example, if adding property to a currently establishes a monetary limit of account funds for heirs and other decedent’s estate would cause that $1,000 for distribution of Individual claimants, an alternative option would interest to become 5% or more of the Indian Money (IIM) account funds to be to likewise raise the maximum parcel, and thus no longer subject to the pay for funeral expenses. There is an payout to $5,000, but with the limitation American Indian Probate Reform Act’s ongoing concern that $1,000 is not that the total payments could not exceed highly fractionated interest provisions, sufficient to pay for funeral expenses. 40% of the available account balance. OHA would need to issue a new

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decision to re-determine descent and (OSMRE), are announcing a 30-day The petition and exhibits can be distribution of those interests. There extension of the comment period on a viewed and downloaded at http:// would be no change to the requirement petition, submitted pursuant to the www.regulations.gov. The petition has that any removal of property from a Surface Mining Control and been assigned Docket ID: OSM–2016– decedent’s inventory would require Reclamation Act, (SMCRA or the Act), 0006. The petition and exhibits also are action by OHA. See 43 CFR 30.127. requesting that we amend our self- available for inspection at the location bonding regulations to ensure that listed under ADDRESSES. 3. Clarify OHA’s Authority To Order companies with a history of financial We will review and consider all Distribution of Trust Funds insolvency, and their subsidiary comments submitted to the addresses The current regulation at 43 CFR companies, are not allowed to self-bond listed above (see ADDRESSES) by the 30.254 governs how a judge distributes coal mining operations. We are close of the comment period (see a decedent’s trust or restricted property requesting comments on the merits of DATES). when the decedent died without a valid the petition and the rule changes Please include the Docket ID ‘‘OSM– will and has no heirs. The rule suggested in the petition. Comments 2016–0006’’ at the beginning of all establishes different distributions based received will assist the Director of written comments. We cannot ensure on whether 25 U.S.C. 2206(a) applies, OSMRE in making the decision whether that comments received after the close but does not identify trust personalty as to grant or deny the petition. of the comment period (see DATES) or at a stand-alone category of trust property DATES: The comment period for the locations other than those listed above for distribution (where there are no land proposed rule published May 20, 2016 (see ADDRESSES) will be included in the interests in the decedent’s estate or (81 FR 31880) is extended. Electronic or docket or considered in the within the jurisdiction of any tribe). written comments: We will accept development of a proposed rule. Revision under consideration: written comments on the petition that Before including your address, phone • A modification to this regulation are received on or before July 20, 2016. number, or other personal identifying would provide clear authority for OHA ADDRESSES: You may submit comments information in your comment, you to order distribution of trust funds when by any of the following methods: should be aware that your entire there are either no land interests in a Federal eRulemaking Portal: http:// comment—including your personal decedent’s estate or no land interests www.regulations.gov. The petition has identifying information—may be made within the jurisdiction of any tribe. been assigned Docket ID: OSM–2016– publicly available at any time. While Additionally, where the estate contains 0006. Please follow the online you can ask us in your comment to trust personalty associated with one instructions for submitting comments. withhold your personal identifying tribe but interests in trust lands Mail/Hand-Delivery/Courier: Office of information from public review, we associated with another, OHA would Surface Mining Reclamation and cannot guarantee that we will be able to order the trust personalty distributed to Enforcement, Administrative Record, do so. the tribe with sufficient nexus to the Room 252 SIB, 1951 Constitution Dated: June 14, 2016. funds, as determined by the judge, and Avenue NW., Washington, DC 20240. Joseph G. Pizarchik, the land distributed to the tribe with Please include the Docket ID: OSM– jurisdiction over those interests. Director, Office of Surface Mining 2016–0006. Reclamation and Enforcement. Dated: June 8, 2016. FOR FURTHER INFORMATION CONTACT : [FR Doc. 2016–14525 Filed 6–17–16; 8:45 am] Lawrence S. Roberts, Michael Kuhns, Division of Regulatory BILLING CODE 4310–05–P Acting Assistant Secretary—Indian Affairs. Support, 1951 Constitution Ave. NW., [FR Doc. 2016–14574 Filed 6–17–16; 8:45 am] Washington, DC 20240; Telephone: 202–208–2860; Email: mkuhns@ BILLING CODE 4337–15–P DEPARTMENT OF EDUCATION osmre.gov. SUPPLEMENTARY INFORMATION: On May 34 CFR Chapter II DEPARTMENT OF THE INTERIOR 20, 2016, we published a notice seeking [Docket ID: ED–2015–OESE–0129; CFDA comments from the public on the Number: 84.371C.] Office of Surface Mining Reclamation proposed change specified in the and Enforcement petition. 81 FR 31880 (May 20, 2016). RIN 1810–AB25 Specifically, the petition requests that Proposed Priorities, Requirements, 30 CFR Part 800 we amend our self-bonding regulations Definitions, and Selection Criteria— at 30 CFR 800.23 to ensure that [Docket ID: OSM–2016–0006; S1D1S Striving Readers Comprehensive companies with a history of financial SS08011000 SX064A000 167S180110; Literacy Program S2D2S SS08011000 SX064A000 insolvency, and their subsidiary 16XS501520] companies, are not allowed to self-bond AGENCY: Office of Elementary and coal mining operations. Secondary Education, Department of Petition To Initiate Rulemaking; The original comment period is Education. Ensuring That Companies With a scheduled to close on June 20, 2016. ACTION: Proposed priorities, History of Financial Insolvency, and However, we received a request that we Their Subsidiary Companies, Are Not requirements, definitions, and selection extend the comment period to allow criteria. Allowed To Self-Bond Coal Mining additional time to review the petition Operations and provide informed comments on a SUMMARY: The Assistant Secretary for AGENCY: Office of Surface Mining complex issue. After reviewing the the Office of Elementary and Secondary Reclamation and Enforcement, Interior. request, we are extending the deadline Education (Assistant Secretary) ACTION: Notice; extension of comment for submission of comments by 30 days proposes priorities, requirements, period. in order to ensure that potentially definitions, and selection criteria under impacted parties have an adequate the Striving Readers Comprehensive SUMMARY: We, the Office of Surface opportunity to comment. The comment Literacy (SRCL) program. These Mining Reclamation and Enforcement period will now close on July 20, 2016. proposed priorities, requirements,

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definitions, and selection criteria would SUPPLEMENTARY INFORMATION: determining the extent to which eligible replace the priorities, requirements, SEAs submitting applications under the Executive Summary definitions, and selection criteria in the SRCL program will: (1) Provide support SRCL notice inviting applications for Purpose of this Regulatory Action: and technical assistance, based on an new awards for Fiscal Year (FY) 2011, The Department plans to make assessment of local needs, to SRCL published in the Federal Register on competitive grant awards under the subgrantees to ensure improvement in March 10, 2011 (76 FR 13143). The SRCL program to eligible SEAs for the the literacy and pre-literacy Assistant Secretary may use these purpose of advancing literacy skills, achievement of children from birth to priorities, requirements, definitions, and including pre-literacy skills, reading, grade 12 and ensure effectiveness in selection criteria for competitions in FY and writing, for children from birth addressing the needs of disadvantaged 2016 and later years. We take this action through grade 12, with an emphasis on children; (2) establish an independent to address an area of national need by disadvantaged children, including peer review process for awarding providing competitive grant awards to English learners and children with subgrants to prioritize awards to eligible State educational agencies (SEAs) to disabilities. subgrantees that propose a high-quality advance literacy skills, including pre- Summary of the Major Provisions of comprehensive literacy instruction literacy skills, reading, and writing, for This Regulatory Action: In this notice, program and are supported by moderate children from birth through grade 12, we propose to establish priorities, or strong evidence of effectiveness; (3) including English learners and children requirements, definitions, and selection monitor subgrantees’ implementation of with disabilities. criteria that we may require eligible interventions and practices to ensure SEAs to address in order to receive DATES: fidelity to the local plan, as well as We must receive your comments funds under the SRCL program. We on or before July 20, 2016. alignment between the SEA’s State have made an effort to align these comprehensive literacy plan and local ADDRESSES: Submit your comments proposed priorities, requirements, literacy plan; and (4) award subgrants of through the Federal eRulemaking Portal definitions, and selection criteria with sufficient size that target the greatest or via postal mail, commercial delivery, certain new statutory requirements, numbers or percentages of or hand delivery. We will not accept which will apply to any future disadvantaged children, to fully and comments submitted by fax or by email programs, in accordance with the effectively implement the local literacy or those submitted after the comment Department’s authority to ensure an plan. period. To ensure that we do not receive orderly transition to the ESEA, as Costs and Benefits: We have duplicate copies, please submit your amended by the Every Student Succeeds determined that these proposed comments only once. In addition, please Act (ESSA). priorities, requirements, definitions, and include the Docket ID at the top of your In this notice, we propose three selection criteria would not impose comments. priorities. The first priority would focus • significant costs on eligible SEAs. Federal eRulemaking Portal: Go to on how SEAs will ensure that (a) the Program participation is voluntary, and www.regulations.gov to submit your comprehensive literacy instruction the costs imposed on applicants by comments electronically. Information programs funded under this grant are these proposed priorities, requirements, on using Regulations.gov, including supported by moderate evidence of definitions, and selection criteria would instructions for accessing agency effectiveness or strong evidence of be limited to paperwork burden related documents, submitting comments, and effectiveness and (b) local literacy plans to preparing an application. The viewing the docket, is available on the are aligned with the State potential benefits of implementing the site under ‘‘How to use comprehensive literacy plan. Under the programs would outweigh any costs Regulations.gov.’’ second priority, SEAs would be • incurred by applicants, and the costs of Postal Mail, Commercial Delivery, required to have a high-quality plan that actually carrying out activities or Hand Delivery: If you mail or deliver describes the methodology that will be associated with the application would your comments about these proposed used to ensure that local projects serve be paid for with program funds. For regulations, address them to Rosemary the greatest numbers or percentages of these reasons, we have determined that Fennell, Office of Elementary and disadvantaged children. Finally, the the costs of implementation would not Secondary Education, U.S. Department third priority would encourage SEAs to be excessively burdensome for eligible of Education, 400 Maryland Avenue prioritize local literacy plans that align applicants, including small entities. SW., Room 3E228, Washington, DC pre-literacy strategies for children aged Invitation to Comment: We invite you 20202–6450. birth through five with pre-literacy and to submit comments regarding this Privacy Note: The Department’s literacy strategies for students from notice. To ensure that your comments policy is to make all comments received kindergarten through grade five. have maximum effect in developing the from members of the public available for We are also proposing requirements notice of final priorities, requirements, public viewing in their entirety on the intended to ensure that State literacy definitions, and selection criteria, we Federal eRulemaking Portal at teams assess the State comprehensive urge you to identify clearly the specific www.regulations.gov. Therefore, literacy plans on a regular basis and that proposed priority, requirement, commenters should be careful to these plans include continuous definition, or selection criterion your include in their comments only improvement activities. We propose a comment addresses. information that they wish to make number of definitions that clarify terms We invite you to assist us in publicly available. used in the SRCL program. We believe complying with the specific FOR FURTHER INFORMATION CONTACT: that these terms are important to requirements of Executive Orders 12866 Rosemary Fennell, (202) 401–2425 or by understanding the complexity of the and 13536 and their overall requirement email: [email protected]. SRCL program as it relates to of reducing regulatory burden that If you use a telecommunications comprehensive literacy instruction. might result from the proposed device for the deaf (TDD) or a text We are proposing selection criteria priorities, requirements, definitions, and telephone (TTY), call the Federal Relay intended to help identify high-quality selection criteria. Please let us know of Service (FRS), toll free, at 1–800–877– applications. These selection criteria any further opportunities we should 8339. would assist the Department in take to reduce potential costs or increase

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potential benefits while preserving the We believe that encouraging applicants Because the literacy skills of young effective and efficient administration of to focus on proven comprehensive children in grades as early as third grade the program. literacy instruction practices enhances have been connected to later outcomes, During and after the comment period, the quality of programs funded through such as high school graduation and you may inspect all public comments our competitions, improves outcomes postsecondary enrollment,4 we believe about the proposed priorities, for participating children, and generates that an important focus of this program requirements, definitions, and selection a better return on investment for should be investing in the pre-literacy criteria in Room 3E228, 400 Maryland taxpayer funds. In the previous SRCL and literacy skills of disadvantaged Avenue SW., Washington, DC, between competition conducted in 2011, the children, including English learners and the hours of 8:30 a.m. and 4:00 p.m., Department scored applications on the children with disabilities. Washington, DC time, Monday through extent to which SEAs gave priority to Proposed Priority: To meet this Friday of each week except Federal eligible subgrantees that submitted priority, an SEA must describe in its holidays. applications supported by the strongest application a high-quality plan to award Assistance to Individuals with available evidence. With this proposed subgrants that will serve the greatest Disabilities in Reviewing the priority, we intend to clarify and numbers or percentages of Rulemaking Record: On request we will expand upon those efforts by further disadvantaged children, including provide an appropriate accommodation promoting comprehensive literacy English learners and children with or auxiliary aid to an individual with a instruction, in the local literacy plans disabilities. disability who needs assistance to submitted by eligible subgrantees, by Proposed Priority 3—Alignment review the comments or other ensuring that those plans have been within a Birth through Fifth Grade documents in the public rulemaking carefully and rigorously evaluated and Continuum. record for this notice. If you want to will have positive impacts on literacy Background: The Department is schedule an appointment for this type of outcomes. interested in ensuring that the gains accommodation or auxiliary aid, please Proposed Priority: Under this children make in early learning contact the person listed under FOR proposed priority, a State educational programs supported by SRCL funds are FURTHER INFORMATION CONTACT. agency (SEA) must ensure that evidence sustained throughout their education, Purpose of Program: The purpose of plays a central role in the SRCL particularly the elementary years. the SCRL program is to advance literacy subgrants. Specifically, in its high- Meeting this objective necessitates close skills, including pre-literacy skills, quality plan, an SEA must assure (1) alignment at a State and local level reading, and writing, for all children that it will use an independent peer between preschool and elementary from birth through grade 12, with a review process to prioritize awards to education programs; building a special emphasis on disadvantaged eligible subgrantees that propose a high- preschool through fifth grade system children, including English learners and quality comprehensive literacy will help to sustain student success, children with disabilities. Through this instruction program, and that meet the which is especially important in the program, the Department awards conditions set forth in the definition of context of literacy development for competitive grants to SEAs to support moderate evidence of effectiveness or disadvantaged children, including subgrants to local educational agencies strong evidence of effectiveness (as English learners and children with (LEAs) or other eligible subgrantees, defined in 34 CFR 77.1), where evidence disabilities. including early learning providers. is applicable and available, and (2) that Proposed Priority: Under this Program Authority: Section 1502 of the the comprehensive literacy instruction proposed priority, an SEA must describe Elementary and Secondary Education Act of program proposed by eligible in its application a high-quality plan to 1965, as amended by the No Child Left subgrantees will align with the State’s align literacy projects supported by this Behind Act of 2001 (ESEA), and Title III of comprehensive literacy plan as well as grant that serve children from birth to Division H of the Consolidated local needs. Appropriations Act, 2016 (Pub. L. 114–113). age five with programs and systems that Proposed Priority 2—Serving serve students in kindergarten through Proposed Priorities Disadvantaged Children. grade five to improve school readiness Background: Developing and This notice contains three proposed and transitions for children across this improving the literacy skills of priorities. continuum. Proposed Priority 1—Interventions disadvantaged children is essential to Types of Priorities: When inviting and Practices Supported by Moderate or improving children’s academic applications for a competition using one Strong Evidence of Effectiveness. achievement in all subjects and for or more priorities, we designate the type Background: In recent years, the ensuring that children are ready for of each priority as absolute, competitive Department has emphasized evidence- college and career. Disadvantaged based practices in grant competitions.1 children often struggle in grades as early percentage of the following student groups as kindergarten to develop necessary performed ‘‘Below Basic’’ compared to other 2 1 In October 2015, the National Center for reading skills, and literacy gaps student groups in the same category: (1) Students Education Statistics released a summary of the between these children and other who are eligible for Free- and Reduced-Price Lunch; (2) black and Hispanic students; (3) English evidence generated by grants under the Striving children often persist in later grades.3 Readers program awarded in 2006 and 2009 to raise learners; and (4) students with disabilities. U.S. the literacy levels of middle and high school Department of Education, Institute of Education students reading below grade level. Fifteen of the 2 Mulligan, G.M., Hastedt, S., and McCarroll, J.C. Sciences, National Center for Education Statistics, 17 evaluations of the interventions met WWC (2012). First-Time Kindergartners in 2010–11: First National Assessment of Educational Progress, 2013 evidence standards with or without reservations. Findings From the Kindergarten Rounds of the Reading Assessment. Retrieved September 3, 2015, This body of evidence substantially increases the Early Childhood Longitudinal Study, Kindergarten from the Main NAEP Data Explorer (http:// amount of credible information available to district Class of 2010–11 (ECLS–K:2011) (NCES 2012–049). nces.ed.gov/nationsreportcard/naepdata/. administrators trying to decide how to best meet the U.S. Department of Education. Washington, DC: 4 Lesnick, J., Goerge, R., Smithgall, C., & Gwynne needs of struggling adolescent readers. Institute of National Center for Education Statistics. Retrieved J. (2010). Reading on Grade Level in Third Grade: Education Sciences, National Center for Education September 9, 2015 from https://nces.ed.gov/ How Is It Related to High School Performance and Evaluation and Regional Assistance USED, Striving pubsearch/pubsinfo.asp?pubid=2012049. College Enrollment? : Chapin Hall at the Readers on the Effectiveness of Interventions for 3 In 2013, results from the National Assessment of University of Chicago. Retrieved September 9, 2015 Struggling Adolescent Readers, available at http:// Educational Progress (NAEP) Reading Assessment from www.aecf.org/m/resourcedoc/aecf- ies.ed.gov/ncee/pubs/20164001/pdf/20164001.pdf. in the 4th and 8th grade show that a higher ReadingonGradeLevelLongAnal-2010.PDF.

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preference, or invitational through a includes interventions and practices and with specific instruction and notice in the Federal Register. The that are supported by moderate feedback from instructional staff; effect of each type of priority follows: evidence of effectiveness or strong (d) Makes available and uses diverse, Absolute priority: Under an absolute evidence of effectiveness (as defined in high-quality print materials that reflect priority, we consider only applications 34 CFR 77.1), where evidence is the reading and development levels, and that meet the priority (34 CFR applicable and available; and (4) interests, of children; 75.105(c)(3)). includes a plan to track children’s (e) Uses differentiated instructional Competitive preference priority: outcomes consistent with all applicable approaches, including individual and Under a competitive preference priority, privacy requirements. small group instruction and discussion; we give competitive preference to an Prioritization of Subgrants: In (f) Provides opportunities for children application by (1) awarding additional selecting among eligible subgrantees, an to use language with peers and adults in points, depending on the extent to SEA must give priority to eligible order to develop language skills, which the application meets the priority subgrantees serving greater numbers or including developing vocabulary; (34 CFR 75.105(c)(2)(i)); or (2) selecting percentages of disadvantaged children. (g) Includes frequent practice of an application that meets the priority Continuous Program Improvement: reading and writing strategies; over an application of comparable merit Grantees must use data, including the (h) Uses age-appropriate, valid, and that does not meet the priority (34 CFR results of monitoring and evaluations, reliable screening assessments, 75.105(c)(2)(ii)). and other administrative data, to inform diagnostic assessments, formative Invitational priority: Under an the program’s continuous improvement assessment processes, and summative invitational priority we are particularly and decision-making, to improve assessments to identify a child’s interested in applications that meet the program participant outcomes, and to learning needs, to inform instruction, priority. However, we do not give an ensure that disadvantaged children are and to monitor the child’s progress and application that meets the priority a served. Additionally, grantees must the effects of instruction; (i) Uses strategies to enhance preference over other applications (34 ensure that subgrantees, educators, children’s motivation to read and write CFR 75.105(c)(1)). families, and other key stakeholders and children’s engagement in self- Proposed Requirements: receive the results of the evaluations Background: Because the purpose of directed learning; conducted on the effectiveness of the this program is to advance literacy and (j) Incorporates the principles of program in a timely fashion, consistent pre-literacy skills for all children, we universal design for learning; with all applicable Federal, State, and propose that SEAs must ensure that (k) Depends on teachers’ collaboration other privacy requirements. their State literacy teams assess the in planning, instruction, and assessing a Supplement not Supplant: Grantees State comprehensive literacy plans on a child’s progress and on continuous must use funds under this program to regular basis and that these plans professional learning; and supplement, and not supplant, any non- include continuous improvement (l) Links literacy instruction to the Federal funds that would be used to activities. Additionally, to ensure that State’s challenging academic standards, advance literacy skills for children from the comprehensive literacy instruction including standards relating to the birth through grade 12. programs at the local level are ability to navigate, understand, and supported by the most recent, up-to-date Proposed Definitions: write about complex subject matters in research, we propose that SEAs require Background: There are several terms print and digital formats. eligible subgrantees to submit local associated with the SRCL program. Disadvantaged child means a child literacy plans. These terms are not defined in section from birth to grade 12 who is at risk of This NPP adds the statutory 1502 of the ESEA, the Education educational failure or otherwise in need supplement-not-supplant requirement Department General Administrative of special assistance and support, found in section 2301 of the ESEA, as Regulations (EDGAR), or other general including a child with a disability or amended by the ESSA, to SRCL. regulations that apply to this program. who is an English learner. This term Proposed Requirements: The Proposed Definitions: The Assistant may also include a child who is living Assistant Secretary proposes the Secretary proposes the following in poverty, who is far below grade level, following requirements for this program. definitions for this program. We may who has left school before receiving a We may apply one or more of these apply one or more of these definitions regular high school diploma, who is at requirements in any year in which this in any year in which this program is in risk of not graduating with a diploma on program is in effect. effect. time, who is homeless, who is in foster State Comprehensive Literacy Plan: Comprehensive literacy instruction care, or who has been incarcerated. To be considered for an award under means instruction that— Eligible subgrantee means one or this program, an SEA must submit a (a) Includes developmentally more local educational agencies (LEAs) State comprehensive literacy plan appropriate, contextually explicit, and or, in the case of early literacy, one or developed with the assistance of its systematic instruction, and frequent more LEAs or nonprofit providers of State literacy team. Additionally, the practice, in reading and writing across early childhood education with a plan must be reviewed by the State content areas; demonstrated record of effectiveness in literacy team and updated annually if an (b) Includes age-appropriate, explicit, improving early literacy development of SEA receives an award under this systematic, and intentional instruction children from birth through program. in phonological awareness, phonic kindergarten entry and in providing Local Literacy Plan: Grantees must decoding, vocabulary, language professional development in early ensure that they will only fund structure, reading fluency, and reading literacy. subgrantees that submit a local literacy comprehension; High-quality plan means any plan plan that: (1) Is informed by a (c) Includes age-appropriate, explicit developed by the State educational comprehensive needs assessment; (2) instruction in writing, including agency (SEA) that is feasible and has a provides for professional development opportunities for children to write with high probability of successful that is aligned with the State clear purposes, with critical reasoning implementation and, at a minimum, comprehensive literacy plan; (3) appropriate to the topic and purpose, includes—

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(a) The key goals of the plan; (i) Effective instructional strategies leaders with an opportunity to work (b) The key activities to be undertaken that are evidence-based; or under the guidance of experienced and the rationale for how the activities (ii) Strategies for improving student teachers, principals, other school support the key goals; academic achievement or substantially leaders, and faculty of such institutions; (c) A realistic timeline, including key increasing the knowledge and teaching (16) Create programs to enable milestones, for implementing each key skills of teachers; paraprofessionals (assisting teachers activity; (7) Are aligned with, and directly employed by a local educational agency (d) The party or parties responsible related to, academic goals of the school receiving assistance under part A of title for implementing each activity and or LEA; I) to obtain the education necessary for other key personnel assigned to each (8) Are developed with extensive those paraprofessionals to become activity; participation of teachers, principals, certified and licensed teachers; (e) A strong theory, including a other school leaders, parents, (17) Provide follow-up training to rationale for the plan and a representatives of Indian tribes (as teachers who have participated in corresponding logic model as defined in applicable), and administrators of activities described in this paragraph 34 CFR 77.1; schools to be served under this program; that are designed to ensure that the (f) Performance measures at the State (9) Are designed to give teachers of knowledge and skills learned by the and local levels; and English learners, and other teachers and teachers are implemented in the (g) Appropriate financial resources to instructional staff, the knowledge and classroom; or support successful implementation of skills to provide instruction and (18) Where practicable, provide for the plan. appropriate language and academic school staff and other early childhood Independent peer review means a support services to those children, education program providers to address high-quality, transparent review process including the appropriate use of jointly the transition to elementary informed by outside individuals with curricula and assessments; school, including issues related to expertise in literacy development and (10) To the extent appropriate, school readiness. education for children from birth provide training for teachers, principals, State comprehensive literacy plan through grade 12. and other school leaders in the use of means a plan that addresses the pre- Professional development means technology (including education about literacy and literacy needs of children activities that— the harms of copyright piracy), so that (a) Are an integral part of school and from birth through grade 12, with technology and technology applications LEA strategies for providing educators special emphasis on disadvantaged are effectively used in the classroom to (including teachers, principals, other children. A State comprehensive improve teaching and learning in the school leaders, specialized instructional literacy plan aligns policies, resources, curricula and academic subjects in support personnel, paraprofessionals, and practices; contains clear which the teachers teach; and, as applicable, early childhood instructional goals; sets high (11) As a whole, are regularly expectations for all children and educators) with the knowledge and evaluated for their impact on teacher skills necessary to enable students to subgroups of children; and provides for effectiveness and student academic professional development for all succeed in a well-rounded education achievement, with the findings of the and to meet the State’s challenging teachers in effective literacy instruction. evaluations used to improve the quality State literacy team means a team academic standards; of professional development; (b) Are sustained (not stand-alone, comprised of individuals with expertise (12) Are designed to give teachers of in literacy development and education one-day, or short term workshops), children with disabilities or children intensive, collaborative, job-embedded, for children from birth through grade with developmental delays, and other 12. The State literacy team must include data-driven, and classroom-focused; and teachers and instructional staff, the (c) May include activities that— individuals with expertise in the (1) Improve and increase teachers’— knowledge and skills to provide following areas: (i) Knowledge of the academic instruction and academic support (a) Implementing literacy subjects the teachers teach; services to those children, including development practices and instruction (ii) Understanding of how students positive behavioral interventions and for children in the following age/grade learn; or supports, multi-tier system of supports, levels: Birth to school entry, (iii) Ability to analyze student work and use of accommodations; kindergarten through grade 5, grades 6 and achievement from multiple sources, (13) Provide instruction in the use of through 8, and grades 9 through 12; including how to adjust instructional data and assessments to inform and (b) Managing and implementing strategies, assessments, and materials instruct classroom practice; evidence-based literacy programs; based on such analysis; (14) Provide instruction in ways that (c) Evaluating literacy programs; (2) Are an integral part of broad teachers, principals, other school (d) Planning for and implementing schoolwide and districtwide leaders, specialized instructional effective literacy interventions and educational improvement plans; support personnel, and school practices, particularly for disadvantaged (3) Allow personalized plans for each administrators may work more children, struggling readers, English educator to address the educator’s effectively with parents and families; learners, and children with disabilities; specific needs identified in observation (15) Involve the forming of (e) Implementing assessments in the or other feedback; partnerships with institutions of higher areas of phonological awareness, word (4) Improve classroom management education, including, as applicable, recognition, phonics, vocabulary, skills; Tribal Colleges and Universities as comprehension, fluency, and writing; (5) Support the recruitment, hiring, defined in section 316(b) of the Higher and and training of effective teachers, Education Act of 1965, as amended (20 (f) Implementing professional including teachers who became certified U.S.C. 1059c(b)), to establish school- development on literacy development through State and local alternative based teacher, principal, and other and instruction. routes to certification; school leader training programs that A literacy team member may have (6) Advance teacher understanding provide prospective teachers, novice expertise in more than one area. Team of— teachers, principals, and other school members may also include: Library/

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media specialists; parents; literacy peer review process to award subgrants selection criteria after considering coaches; instructors of adult education; that propose a high-quality responses to this notice and other representatives of community-based comprehensive literacy instruction information available to the Department. organizations providing educational program, including: This notice does not preclude us from services to disadvantaged children and (1) A plan to prioritize projects that proposing additional priorities, families; family literacy service will use interventions and practices that requirements, definitions, or selection providers; representatives from local or are supported by moderate evidence of criteria, subject to meeting applicable State school boards; and representatives effectiveness or strong evidence of rulemaking requirements. from related child services agencies. effectiveness (as defined in 34 CFR Note: This notice does not solicit Universal design for learning, as 77.1); and applications. In any year in which we defined under section 103 of the Higher (2) A process to determine— choose to use one or more of these Education Act of 1965, as amended, (i) The alignment of the local project proposed priorities, requirements, means a scientifically valid framework to the State’s comprehensive literacy definitions, and selection criteria, we for guiding educational practice that— plan and local needs; invite applications through a notice in (A) Provides flexibility in the ways (ii) The relevance of cited studies to the Federal Register. information is presented, in the ways the project proposed and identified students respond or demonstrate needs; and Executive Orders 12866 and 13563 knowledge and skills, and in the ways (iii) The extent to which the Regulatory Impact Analysis students are engaged; and intervention or practice is supported by (B) Reduces barriers in instruction, moderate evidence of effectiveness or Under Executive Order 12866, the provides appropriate accommodations, strong evidence of effectiveness, as Secretary must determine whether this supports, and challenges, and maintains defined in 34 CFR 77.1. regulatory action is ‘‘significant’’ and, high achievement expectations for all (c) SEA monitoring plan. therefore, subject to the requirements of students, including students with (1) The extent to which the SEA the Executive order and subject to disabilities and students who are describes a high-quality plan for review by the Office of Management and limited English proficient.5 monitoring local projects, including Budget (OMB). Section 3(f) of Executive Proposed Selection Criteria: how it will ensure that: (i) The Order 12866 defines a ‘‘significant Background: We believe the following interventions and practices that are part regulatory action’’ as an action likely to proposed selection criteria would of the comprehensive literacy result in a rule that may— contribute to our efforts to fund high- instruction program are aligned with the (1) Have an annual effect on the quality applications that will promote SEA’s State comprehensive literacy plan economy of $100 million or more, or comprehensive literacy instruction and; (ii) the interventions and practices adversely affect a sector of the economy, programs under this grant. that subgrantees implement are productivity, competition, jobs, the Proposed Selection Criteria: The supported by moderate evidence of environment, public health or safety, or Assistant Secretary proposes the effectiveness or strong evidence of State, local, or tribal governments or following selection criteria for effectiveness (as defined in 34 CFR communities in a material way (also evaluating an application under this 77.1), to the extent appropriate and referred to as an ‘‘economically program. We may apply one or more of available; and (iii) these interventions significant’’ rule); these criteria in any year in which this and practices are implemented with (2) Create serious inconsistency or program is in effect. In the notice fidelity and aligned with the SEA’s State otherwise interfere with an action taken inviting applications, the application comprehensive literacy plan and local or planned by another agency; package, or both, we will announce the needs. (3) Materially alter the budgetary maximum possible points assigned to (d) Alignment of Resources. impacts of entitlement grants, user fees, each criterion. The extent to which the SEA will: (1) or loan programs or the rights and (a) State-level activities. Target subgrants supporting projects obligations of recipients thereof; or (1) The extent to which the SEA will that will improve instruction for the (4) Raise novel legal or policy issues support and provide technical greatest numbers or percentages of arising out of legal mandates, the assistance to its SRCL program disadvantaged children; and (2) award President’s priorities, or the principles subgrantees to ensure they implement a subgrants of sufficient size to fully and stated in the Executive order. high-quality comprehensive literacy effectively implement the local plan This proposed regulatory action instruction program that will improve while also ensuring that at least— would have an annual effect on the student achievement, including (i) 15 percent of the subgranted funds economy of more than $100 million technical assistance on identifying and serve children from birth through age because the amount of government implementing with fidelity, five; transfers through the SRCL program interventions and practices that are (ii) 40 percent of the subgranted funds exceeds that amount. Therefore, this supported by moderate evidence of serve students in kindergarten through proposed action is ‘‘economically effectiveness or strong evidence of grade five; and significant’’ and subject to review by effectiveness (as defined in 34 CFR (iii) 40 percent of the subgranted OMB under section 3(f)(1) of Executive 77.1), and align with local needs. funds serve students in middle and high Order 12866. Notwithstanding this (2) The extent to which the SEA will school, through grade 12, including an determination, we have assessed the collect data and other information to equitable distribution of funds between potential costs and benefits, both inform the continuous improvement, middle and high schools. quantitative and qualitative, of this and evaluate the effectiveness and Final Priorities, Requirements, proposed regulatory action and have impact, of local projects. Definitions, and Selection Criteria: We determined that the benefits would (b) SEA plan for subgrants. The extent to which the SEA has a will announce the final priorities, justify the costs. high-quality plan to use an independent requirements, definitions, and selection We have also reviewed this proposed criteria in a notice in the Federal regulatory action under Executive Order 5 English learner and limited English proficient Register. We will determine the final 13563, which supplements and have the same meaning. priorities, requirements, definitions, and explicitly reaffirms the principles,

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structures, and definitions governing Need for Regulatory Action Paperwork Reduction Act of 1995 regulatory review established in As part of its continuing effort to Executive Order 12866. To the extent These proposed priorities, reduce paperwork and respondent permitted by law, Executive Order requirements, definitions, and selection burden, the Department provides the 13563 requires that an agency— criteria are needed to implement the (1) Propose or adopt regulations only SRCL program award process in the general public and Federal agencies upon a reasoned determination that manner that the Department believes with an opportunity to comment on their benefits justify their costs will best enable the program to achieve proposed and continuing collections of (recognizing that some benefits and its objectives of implementing effective information in accordance with the costs are difficult to quantify); literacy and pre-literacy interventions Paperwork Reduction Act of 1995 (PRA) (2) Tailor its regulations to impose the and practices, at the local level, for (44 U.S.C. 3506(c)(2)(A)). This helps least burden on society, consistent with disadvantaged children. ensure that: The public understands the obtaining regulatory objectives and Department’s collection instructions, taking into account—among other things Potential Costs and Benefits respondents can provide the requested data in the desired format, reporting and to the extent practicable—the costs The Department believes that the of cumulative regulations; burden (time and financial resources) is proposed priorities, requirements, (3) In choosing among alternative minimized, collection instruments are regulatory approaches, select those definitions, and selection criteria would clearly understood, and the Department approaches that maximize net benefits not impose significant costs on SEAs. can properly assess the impact of (including potential economic, Program participation is voluntary, and collection requirements on respondents. environmental, public health and safety, the costs imposed on applicants by the We estimate that each applicant and other advantages; distributive proposed priorities, requirements, would spend approximately 240 hours impacts; and equity); definitions, and selection criteria would of staff time to address the proposed (4) To the extent feasible, specify be limited to paperwork burden related priorities, requirements, definitions, and performance objectives, rather than the to preparing an application. The selection criteria, prepare the behavior or manner of compliance a potential benefits of implementing the application, and obtain necessary regulated entity must adopt; and program using the proposed priorities, clearances. We expect to receive (5) Identify and assess available requirements, definitions, and selection approximately 52 applications. alternatives to direct regulation, criteria would outweigh any costs Therefore, for the 52 States (including including economic incentives—such as incurred by applicants, and the costs of the District of Columbia and Puerto user fees or marketable permits—to actually carrying out activities Rico), the total burden for completing encourage the desired behavior, or associated with the application would this grant application is 12,480 burden provide information that enables the be paid for with program funds. For hours. The respondent cost is estimated public to make choices. these reasons, the Department has at $40 per hour for each application. Executive Order 13563 also requires determined that the costs of The total cost for approximately 52 an agency ‘‘to use the best available implementation would not be an undue respondents is $499,200 (52 techniques to quantify anticipated burden for eligible applicants, including respondents × 240 hours × $40/hour = present and future benefits and costs as small entities. $499,200). accurately as possible.’’ The Office of Accounting Statement We have prepared an Information Information and Regulatory Affairs of Collection Request (ICR) for this OMB has emphasized that these As required by OMB Circular A–4 collection (1810–NEW). If you want to techniques may include ‘‘identifying (available at www.whitehouse.gov/sites/ review and comment on the ICR, please changing future compliance costs that default/files/omb/assets/omb/circulars/ follow the instructions listed under the might result from technological a004/a&-4.pdf), in the following table ADDRESSES section of this notice. innovation or anticipated behavioral we have prepared an accounting Note: The Office of Information and changes.’’ statement showing the classification of Regulatory Affairs in OMB and the We are issuing these proposed the expenditures associated with the Department of Education review all priorities, requirements, definitions, and provisions of this regulatory action. This comments posted at selection criteria only on a reasoned table provides our best estimate of the www.regulations.gov. determination that their benefits would changes in annual monetized transfers In preparing your comments you may justify their costs. In choosing among as a result of this regulatory action. want to review the ICR, including the alternative regulatory approaches, we Expenditures are classified as transfers supporting materials, in selected those approaches that would from the Federal Government to SEAs. www.regulations.gov by using the maximize net benefits. Based on the Docket ID number specified in this analysis that follows, the Department notice. This proposed collection is believes that this regulatory action is ACCOUNTING STATEMENT CLASSIFICA- identified as proposed collection 1810– consistent with the principles in TION OF ESTIMATED EXPENDITURES AB25. Executive Order 13563. [In millions] We also have determined that this We consider your comments on this proposed regulatory action would not Category Transfers proposed collection of information in— unduly interfere with State, local, and • Deciding whether the proposed tribal governments in the exercise of Annualized Monetized $190M. collection is necessary for the proper their governmental functions. Transfers. performance of our functions, including In this regulatory impact analysis we From Whom To From Federal Gov- whether the information will have discuss the need for regulatory action, Whom? ernment to SEAs. practical use; the potential costs and benefits, net • Evaluating the accuracy of our budget impacts, assumptions, The SRCL program would provide estimate of the burden of the proposed limitations, and data sources, as well as approximately $190,000,000 in collection, including the validity of our regulatory alternatives we considered. competitive grants to eligible SEAs. methodology and assumptions;

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• Enhancing the quality, usefulness, at: www.gpo.gov/fdsys. At this site you via the Federal eRulemaking portal by and clarity of the information we can view this document, as well as all searching for ‘‘FAR Case 2016–004’’. collect; and other documents of this Department Select the link ‘‘Comment Now’’ that • Minimizing the burden on those published in the Federal Register, in corresponds with ‘‘FAR Case 2016– who must respond. This includes text or Adobe Portable Document 004.’’ Follow the instructions provided exploring the use of appropriate Format (PDF). To use PDF you must on the screen. Please include your automated, electronic, mechanical, or have Adobe Acrobat Reader, which is name, company name (if any), and other technological collection available free at the site. ‘‘FAR Case 2016–004’’ on your attached techniques. You may also access documents of the document. Between 30 and 60 days after Department published in the Federal • Mail: General Services publication of this document in the Register by using the article search Administration, Regulatory Secretariat Federal Register, OMB is required to feature at: www.federalregister.gov. Division (MVCB), ATTN: Ms. Flowers, make a decision concerning the Specifically, through the advanced 1800 F Street NW., 2nd Floor, collection of information contained in search feature at this site, you can limit Washington, DC 20405. these proposed priorities, requirements, your search to documents published by Instructions: Please submit comments definitions, and selection criteria. the Department. only and cite FAR Case 2016–004, in all Therefore, to ensure that OMB gives correspondence related to this case. All your comments full consideration, it is Dated: June 15, 2016. Ann Whalen, comments received will be posted important that OMB receives your without change to http:// Delegated the authority to perform the comments on this ICR by July 20, 2016. www.regulations.gov, including any This does not affect the deadline for functions and duties of Assistant Secretary for Elementary and Secondary Education. personal and/or business confidential your comments to us on the proposed information provided. To confirm [FR Doc. 2016–14529 Filed 6–17–16; 8:45 am] priorities, requirements, definitions, and receipt of your comment(s), please selection criteria. BILLING CODE 4000–01–P check www.regulations.gov, If your comments relate to the ICR for approximately two to three days after these proposed priorities, requirements, submission to verify posting (except definitions, and selection criteria, please DEPARTMENT OF DEFENSE allow 30 days for posting of comments specify the Docket ID number and submitted by mail). indicate ‘‘Information Collection GENERAL SERVICES Comments’’ on the top of your ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. comments. Camara Francis, Procurement Analyst, Written requests for information or NATIONAL AERONAUTICS AND at 202–550–0935 for clarification of comments submitted by postal mail or SPACE ADMINISTRATION content. For information pertaining to delivery related to the information status or publication schedules, contact collection requirements should be 48 CFR Parts 2, 13, and 19 the Regulatory Secretariat Division at addressed to the Director of the 202–501–4755. Please cite FAR Case [FAR Case 2016–004; Docket No. 2016– 2016–004. Information Collection Clearance 0004, Sequence No. 1] Division, U.S. Department of Education, SUPPLEMENTARY INFORMATION: 400 Maryland Avenue SW., Mailstop RIN 9000–AN18 I. Background L–OM–2E319LBJ, Room 2E115, Washington, DC 20202–4537. Federal Acquisition Regulation: DOD, GSA, and NASA are proposing Intergovernmental Review: This Acquisition Threshold for Special to revise the FAR to implement section program is subject to Executive Order Emergency Procurement Authority 816 of the National Defense 12372 and the regulations in 34 CFR Authorization Act for Fiscal Year 2016 AGENCY: Department of Defense (DoD), (Pub. L. 114–92). FAR 2.101, 13.003, part 79. One of the objectives of the General Services Administration (GSA), Executive order is to foster an 19.203, and 19.502–2 are being and the National Aeronautics and Space amended to increase the simplified intergovernmental partnership and a Administration (NASA). strengthened federalism. The Executive acquisition threshold for special order relies on processes developed by ACTION: Proposed rule. emergency procurement authority from $300,000 to $750,000 (within the United State and local governments for SUMMARY: DoD, GSA, and NASA are States) and from $1 million to $1.5 coordination and review of proposed proposing to amend the Federal million (outside the United States). The Federal financial assistance. Acquisition Regulation (FAR) to threshold is used for acquisitions of This document provides early implement the National Defense supplies or services that, as determined notification of our specific plans and Authorization Act for Fiscal Year 2016 by the head of the agency, are to be used actions for this program. to raise the simplified acquisition Accessible Format: Individuals with to support a contingency operation or to threshold for special emergency disabilities can obtain this document in facilitate defense against or recovery procurement authority. an accessible format (e.g., braille, large from nuclear, biological, chemical, or print, audiotape, or compact disc) on DATES: Interested parties should submit radiological attack. request to the contact person listed written comments to the Regulatory II. Executive Orders 12866 and 13563 under FOR FURTHER INFORMATION Secretariat Division at one of the CONTACT. addresses shown below on or before Executive Orders (E.O.s) 12866 and Electronic Access to This Document: August 19, 2016 to be considered in the 13563 direct agencies to assess all costs The official version of this document is formation of the final rule. and benefits of available regulatory the document published in the Federal ADDRESSES: Submit comments in alternatives and, if regulation is Register. Free Internet access to the response to FAR case 2016–004 by any necessary, to select regulatory official edition of the Federal Register of the following methods: approaches that maximize net benefits and the Code of Federal Regulations is • Regulations.gov: http:// (including potential economic, available via the Federal Digital System www.regulations.gov. Submit comments environmental, public health and safety

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effects, distributive impacts, and There are no known significant alternatives PART 13—SIMPLIFIED ACQUISITION equity). E.O. 13563 emphasizes the to the rule. The impact of this proposed rule PROCEDURES importance of quantifying both costs on small business is not expected to be and benefits, of reducing costs, of significant. 13.003 [Amended] harmonizing rules, and of promoting ■ 3. Amend section 13.003 by removing flexibility. This is not a significant The Regulatory Secretariat Division from paragraph (b)(1) ‘‘$300,000’’ and regulatory action and, therefore, was not has submitted a copy of the IRFA to the adding ‘‘$750,00’’ in its place. subject to review under section 6(b) of Chief Counsel for Advocacy of the Small PART 19—SMALL BUSINESS E.O. 12866, Regulatory Planning and Business Administration. A copy of the PROGRAMS Review, dated September 30, 1993. This IRFA may be obtained from the proposed rule is not a major rule under Regulatory Secretariat Division. DoD, 19.203 [Amended] GSA, and NASA invite comments from 5 U.S.C. 804. ■ 4. Amend section 19.203 by removing small business concerns and other III. Regulatory Flexibility Act from paragraph (b) ‘‘$300,000’’ and interested parties on the expected adding ‘‘$750,000’’ in its place. DoD, GSA, and NASA do not expect impact of this proposed rule on small this proposed rule to have a significant entities. 19.502–2 [Amended] economic impact on a substantial DoD, GSA, and NASA will also ■ 5. Amend section 19.502–2 by number of small entities within the consider comments from small entities removing from paragraph (a) ‘‘$300,000’’ meaning of the Regulatory Flexibility concerning the existing regulations in and adding ‘‘$750,000’’ in its place. Act, 5 U.S.C. 601, et seq., because the [FR Doc. 2016–14413 Filed 6–17–16; 8:45 am] subparts affected by the proposed rule rule raises the simplified acquisition BILLING CODE 6820–EP–P threshold for special emergency consistent with 5 U.S.C. 610. Interested procurement authority, an arena in parties must submit such comments which a smaller percentage of small separately and should cite 5 U.S.C. 610 DEPARTMENT OF DEFENSE businesses participate, as compared to (FAR Case 2016–004), in larger businesses. However, an initial correspondence. GENERAL SERVICES ADMINISTRATION regulatory flexibility analysis (IRFA) has IV. Paperwork Reduction Act been prepared consistent with 5 U.S.C. 603. The analysis is summarized as The proposed rule does not contain NATIONAL AERONAUTICS AND follows: any information collection requirements SPACE ADMINISTRATION that require the approval of the Office of This proposed rule implements section 816 48 CFR Parts 8 and 13 of the National Authorization Act for Fiscal Management and Budget under the Year (FY) 2016 Public Law 114–92. Paperwork Reduction Act (44 U.S.C. [FAR Case 2015–015; Docket No. 2015– Therefore, the FAR is revised to raise the chapter 35). 0015; Sequence No. 1] simplified acquisition thresholds for special emergency procurement authority. List of Subjects in 48 CFR Parts 2, 13, RIN 9000–AM89 The objective of this proposed rule is to and 19 increase the simplified acquisition thresholds Federal Acquisition Regulation: for special emergency procurement authority Government procurement. Strategic Sourcing Documentation from $300,000 to $750,000 (within the AGENCY: United States) and $1 million to $1.5 million Dated: June 14, 2016. Department of Defense (DoD), (outside the United States) for acquisitions of William Clark, General Services Administration (GSA), and National Aeronautics and Space supplies or services that, as determined by Director, Office of Government-Wide the head of the agency, are to be used to Administration (NASA). Acquisition Policy, Office of Acquisition support a contingency operation or to Policy, Office of Government-Wide Policy. ACTION: Proposed rule. facilitate defense against or recovery from nuclear, biological, chemical, or radiological Therefore, DoD, GSA, and NASA are SUMMARY: DoD, GSA, and NASA are attack. proposing to amend 48 CFR parts 2, 13, proposing to amend the Federal DoD, GSA, and NASA do not expect this and 19, as set forth below: Acquisition Regulation (FAR) to proposed rule to have a significant economic implement a section of the Carl Levin impact on a substantial number of small ■ 1. The authority citation for 48 CFR and Howard P. ‘‘Buck’’ McKeon entities within the meaning of the Regulatory parts 2, 13, and 19 continues to read as Flexibility Act, 5 U.S.C.601, et seq., because National Defense Authorization Act for the rule raises the simplified acquisition follows: Fiscal Year 2015 that provides that the threshold for special emergency Authority: 40 U.S.C. 121(c); 10 U.S.C. contract file shall contain certain procurements, an arena in which a smaller chapter 137; and 51 U.S.C. 20113. documentation if the Federal percentage of small businesses participate, as Government makes a purchase of compared to larger businesses. Between PART 2—DEFINITIONS WORDS AND supplies and services offered under the $300,000 and the increase to $750,000, 188 TERMS Federal Strategic Sourcing Initiative total awards were made of which 45 or 24 (FSSI), but the FSSI is not used. percent were to small businesses in FY 2014, 2.101 [Amended] and 219 total awards were made of which 66 DATES: Interested parties should submit or 30 percent were to small businesses in FY ■ 2. Amend the definition ‘‘Simplified comments to the Regulatory Secretariat 2015. Between $1 million and the increase to acquisition threshold’’ in paragraph (b) Division at one of the addresses shown $1.5 million, 56 total awards were made of of section 2.101 by: below on or before August 19, 2016 to which 10 or 17 percent were small be considered in the formulation of a ■ businesses in FY 2014, and 29 total awards a. Removing from paragraph (1) final rule. were made of which 9 or 31 percent were to ‘‘$300,000’’ and adding in its place ADDRESSES: Submit comments in small businesses in FY 2015. The proposed ‘‘$750,000’’; and rule imposes no reporting, recordkeeping, or response to FAR case 2015–015 by any ■ other information collection requirements. b. Removing from paragraph (2) ‘‘$1 of the following methods: The rule does not duplicate, overlap, or million’’ and adding in its place ‘‘$1.5 • Regulations.gov: http:// conflict with any other Federal rules. million’’. www.regulations.gov.

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Submit comments via the Federal power, reduce costs, and improve the requirements established by section eRulemaking portal by searching for overall performance. The primary goals 836. Additionally, FAR 13.301 is ‘‘FAR Case 2015–015’’.’’ Select the link of FSSI are to— updated to clarify that for micro- ‘‘Comment Now’’ that corresponds with • Strategically source across federal purchases made using the ‘‘FAR Case 2015–015.’’ Follow the agencies; governmentwide purchase card, instructions provided on the screen. • Establish mechanisms to increase purchase card holders shall follow the Please include your name, company total cost savings, value, and documentation requirements in name (if any), and ‘‘FAR Case 2015– socioeconomic participation; Appendix B of OMB Circular A–123 • 015’’ on your attached document(s). Collaborate with industry to (available at https:// • develop optimal solutions; Mail: General Services • www.whitehouse.gov/sites/default/files/ Administration, Regulatory Secretariat Share best practices; and omb/assets/omb/circulars/a123/a123_ • Create a strategic sourcing Division, ATTN: Ms. Flowers, 1800 F appendix_b.pdf), which prescribes community of practice. Street NW., 2nd floor, Washington, DC management guidance on the use of Strategic Sourcing drives both dollar 20405. savings and process improvements. The purchase cards. Instructions: Please submit comments Federal Government, suppliers and This new FAR rulemaking requires only and cite ‘‘FAR case 2015–015’’ in ultimately the U.S. taxpayers benefit contracting officers when purchasing all correspondence related to this case. when government can better articulate supplies or services that are offered Comments received will generally be its requirements and provide committed under the FSSI, but the FSSI is not used, posted without change to http:// purchase volumes, and in return, to document the contract file to include www.regulations.gov, including any industry suppliers can provide better a brief analysis of the comparative personal and/or business confidential pricing and more valuable solutions. value, including price and nonprice information provided. To confirm Specific benefits of Strategic Sourcing factors, between the supplies and receipt of your comment, please check include— services offered under the FSSI and www.regulations.gov, approximately • Meet OMB’s goal for cross- those offered under the source(s) to be two to three business days after government participation; used for the purchase. submission to verify posting (except • Assist with socioeconomic goals; III. Applicability to Contracts for allow 30 days for posting of comments • Collect and analyze data; submitted by mail.) • Identify trends; Amounts not Greater Than the • Simplified Acquisition Threshold FOR FURTHER INFORMATION CONTACT: For Re-engineer high cost business (SAT), Commercial Items, and clarification of content, contact Mr. processes; • Commercially Available Off-the-Shelf Michael O. Jackson, Procurement Replicate cost-saving business processes; (COTS) Items Analyst, at 202–208–4949. For • information pertaining to status or Share lessons learned and best 41 U.S.C. 1905 governs the practices; publication schedules, contact the • applicability of laws to contracts or Regulatory Secretariat Division at 202– Realize cost efficiencies; subcontracts in amounts not greater • Streamline procurement process; 501–4755. Please cite ‘‘FAR Case 2015– than the SAT. 41 U.S.C. 1906 requires and 015.’’ • Drive additional discounts. that the FAR include a list of provisions SUPPLEMENTARY INFORMATION: By ensuring consideration of of law that are inapplicable to the acquisition of commercial items (other I. Background strategically sourced vehicles, the proposed documentation requirement than the acquisition of commercially Section 836 of the Carl Levin and will raise the visibility of these available off-the-shelf (COTS) items). 41 Howard P. ‘‘Buck’’ McKeon National solutions, promote their use, and help to U.S.C. 1907 requires that the FAR Defense Authorization Act for Fiscal better leverage the Government’s buying include a list of provisions of law that Year 2015 (NDAA) (Pub. L. 113–291) power. are inapplicable to the acquisition of was enacted on December 19, 2014. This This proposed rule complements COTS items. It is anticipated that at the provision is part of subtitle D, Federal other efforts and strategies being time of the final rule the FAR Council Information Technology Acquisition developed under the Category will approve these determinations. Reform, of title VIII of the NDAA. It Management Initiative, which builds on IV. Executive Orders 12866 and 13563 established that when the Federal the success of strategic sourcing by Government makes a purchase of managing entire categories of common Executive Orders (E.O.s) 12866 and supplies or services offered under the purchases across the Government and 13563 direct agencies to assess all costs Federal Strategic Sourcing Initiative utilizing teams of experts to manage and benefits of available regulatory (FSSI), but the FSSI is not used, the those specific categories to drive down alternatives and, if regulation is contract file for the purchase shall total cost and improve performance. See necessary, to select regulatory include a brief analysis of the Transforming the Federal Marketplace: approaches that maximize net benefits comparative value, including price and Simplifying Federal Procurement to (including potential economic, nonprice factors, between the supplies Drive Performance, Drive Innovation, environmental, public health and safety and services offered under the FSSI and and Increase Savings (December 4, effects, distributive impacts, and those offered under the source(s) to be 2014) available at https:// equity). E.O. 13563 emphasizes the used for the purchase. The goals and www.whitehouse.gov/sites/default/files/ importance of quantifying both costs benefits of the FSSI Program as taken omb/procurement/memo/simplifying- and benefits, of reducing costs, of directly from the FSSI strategic sourcing federal-procurement-to-improve- harmonizing rules, and of promoting Web site (www.strategicsourcing.gov) performance-drive-innovation-increase- flexibility. This is a significant are— savings.pdf. regulatory action and, therefore, was Strategic sourcing is the structured subject to Office of Information and and collaborative process of critically II. Proposed FAR Changes Regulatory Affairs (OIRA) review under analyzing an organization’s spending The purpose of the proposed FAR Section 6(b) of E.O. 12866, Regulatory patterns to better leverage its purchasing changes is to update FAR 8.004 to add Planning and Review, dated September

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30, 1993. This proposed rule is not a with targeted groups against that baseline, ■ c. Removing from the newly major rule under 5 U.S.C. 804. quantify the expected changes, and compare designated paragraph (a)(1) ‘‘paragraph this with actual results as required by OMB (a)’’ and ‘‘paragraph (b)’’ and adding V. Regulatory Flexibility Act guidance on strategic sourcing. Each ‘‘paragraph (a)(1)’’ and ‘‘paragraph DoD, GSA, and NASA do not expect participating agency will continue to be responsible for achieving its socio-economic (a)(2)’’ in their places, respectively; this proposed rule to have a significant ■ goals and will need to evaluate the impact of d. Removing from the newly economic impact on a substantial FSSI sourcing recommendations. redesignated paragraph (a)(1)(ii) number of small entities within the There is no reporting required by ‘‘paragraph (a)(1)’’ and adding meaning of the Regulatory Flexibility Government contractors, all action on the ‘‘paragraph (a)(1)(i)’’ in its place; Act, 5 U.S.C. 601, et seq., because the rule is internal to the Government. ■ e. Redesignating paragraph (b) as proposed rule only affects the internal The rule does not duplicate, overlap, or paragraph (a)(2); and operating procedures of the conflict with any other Federal rules. ■ f. Adding new paragraph (b). No viable alternatives were determined at Government. The addition reads as follows: However, an Initial Regulatory this rulemaking stage. Flexibility Analysis (IRFA) was The Regulatory Secretariat Division 8.004 Use of other sources. performed and is summarized as has submitted a copy of the IRFA to the * * * * * follows: Chief Counsel for Advocacy of the Small (b) Documentation requirements This rule implements section 836 of the Business Administration. A copy of the relating to the Federal Strategic Carl Levin and Howard P. ‘‘Buck’’ McKeon IRFA may be obtained from the Sourcing Initiative (FSSI). When National Defense Authorization Act for Fiscal Regulatory Secretariat Division. DoD, purchasing supplies or services that are Year 2015, which provides that the contract GSA and NASA invite comments from offered under the FSSI, but the FSSI is file shall contain certain documentation if small business concerns and other not used, the contract file shall be the Federal Government makes a purchase of supplies and services offered under the interested parties on the expected documented to include a brief analysis Federal Strategic Sourcing Initiative (FSSI), impact of this rule on small entities. of the comparative value, including but the FSSI is not used. DoD, GSA, and NASA will also price and nonprice factors, between the The goal of the rule is to have contracting consider comments from small entities supplies and services offered under the officers consider use of the GSA Federal concerning the existing regulations in FSSI and those offered under the Strategic Sourcing Initiative (FSSI) when subparts affected by the rule in source(s) to be used for the purchase purchasing items that are available through accordance with 5 U.S.C. 610. Interested (section 836 of Pub. L. 113–291). FSSI. parties must submit such comments According to the Federal Procurement Data separately and should cite 5 U.S.C. 610 PART 13—SIMPLIFIED ACQUISITION System, in Fiscal Year 2014, the Federal PROCEDURES Government made approximately 170,403 (FAR Case 2015–015), in correspondence. contract awards (not including modifications ■ 3. Amend section 13.301 by revising and orders), of which approximately 85,624 VI. Paperwork Reduction Act paragraph (b) to read as follows: (50.25 percent) were awarded to about 43,545 unique small business entities. The rule The proposed rule does not contain 13.301 Governmentwide commercial requires action by contracting officers when any information collection requirements purchase card. purchasing items available through FSSI and that require the approval of the Office of * * * * * will not directly affect any small entities. It Management and Budget under the specifically requires the contracting officer to (b)(1) Agencies using the place certain documentation in the contract Paperwork Reduction Act, 44 U.S.C. Governmentwide commercial purchase file if the Federal Government makes a chapter 35. card shall establish procedures for use purchase of supplies and services offered List of Subjects in 48 CFR Parts 8 and and control of the card that comply with under the Federal Strategic Sourcing 13 the Treasury Financial Manual for Initiative (FSSI), but the FSSI is not used. Guidance of Departments and Agencies The rule could indirectly affect small Government procurement. (TFM 4–4500) (available at http:// businesses that offer supplies or services Dated: June 14, 2016. under the FSSI as the rule will require tfm.fiscal.treasury.gov/v1/p4/c450.html, contracting officers to consider FSSI vendors William F. Clark, the Office of Management and Budget’s when they may not have done so in the past, Director, Office of Government-wide Circular A–123, Appendix B (available and this could lead to more sales for those Acquisition Policy, Office of Acquisition at https://www.whitehouse.gov/sites/ small businesses. There are currently 137 Policy, Office of Government-wide Policy. default/files/omb/assets/omb/circulars/ entities awarded under the FSSI, of which 78 Therefore, DoD, GSA and NASA a123/a123_appendix_b.pdf), and that (57 percent) are small entities. The required propose amending 48 CFR parts 8 and are consistent with the terms and consideration of FSSI offerings does not 13 as set forth below: conditions of the current GSA credit directly have a negative effect on entities not card contract. awarded an FSSI contract, but the required ■ 1. The authority citation for 48 CFR contracting officer consideration and parts 8 and 13 continues to read as (2) Agency procedures should not documentation requirement could indirectly follows: limit the use of the Governmentwide lead to more purchases going to those commercial purchase card to micro- Authority: 40 U.S.C. 121(c); 10 U.S.C. vendors involved in the FSSI. purchases. Agency procedures should chapter 137; and 51 U.S.C. 20113. An explicit goal of Federal strategic encourage use of the card in greater sourcing is to maintain and/or enhance socio- PART 8—REQUIRED SOURCES OF dollar amounts by contracting officers to economic goals. Partnering with small SUPPLIES AND SERVICES place orders and to pay for purchases businesses during key stages of the strategic against contracts established under part sourcing process will enable the FSSI to meet ■ 2. Amend section 8.004 by— 8 procedures, when authorized; and to or exceed socio-economic goals. As part of ■ the FSSI process, current spending with a. Redesignating paragraphs (a)(1) and place orders and/or make payment small business is baselined for each initiative (2) as paragraphs (a)(1)(i) and (ii), under other contractual instruments, to gain an understanding of how much is respectively; when agreed to by the contractor. See being spent. Then sourcing strategies are ■ b. Redesignating the introductory 32.1110(d) for instructions for use of the developed that expand the business done paragraph as paragraph (a)(1); appropriate clause when payment under

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a written contract will be made through use of the card. * * * * * [FR Doc. 2016–14412 Filed 6–17–16; 8:45 am] BILLING CODE 6820–EP–P

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Notices Federal Register Vol. 81, No. 118

Monday, June 20, 2016

This section of the FEDERAL REGISTER Individuals who use collection of information is necessary contains documents other than rules or telecommunication devices for the deaf for the proper performance of the proposed rules that are applicable to the (TDD) may call the Federal Information functions of the agency, including public. Notices of hearings and investigations, Relay Service (FIRS) at 1–800–877–8339 whether the information will have committee meetings, agency decisions and between 8:00 a.m. and 8:00 p.m., practical utility; (2) the accuracy of the rulings, delegations of authority, filing of petitions and applications and agency Eastern Standard Time, Monday agency’s estimate of burden including statements of organization and functions are through Friday. the validity of the methodology and examples of documents appearing in this SUPPLEMENTARY INFORMATION: The assumptions used; (3) ways to enhance section. purpose of the meeting is to: the quality, utility and clarity of the 1. Discuss Environmental Education; information to be collected; and (4) and ways to minimize the burden of the DEPARTMENT OF AGRICULTURE 2. Effectively communicate future collection of information on those who land management plan activities. are to respond, including through the Forest Service The meeting is open to the public. use of appropriate automated, Board discussion is limited to Forest electronic, mechanical, or other Land Between The Lakes Advisory technological collection techniques or Board Service staff and Board members. Written comments are invited and other forms of information technology. AGENCY: Forest Service, USDA. should be sent to Tina Tilley, Area Comments regarding this information collection received by July 20, 2016 will ACTION: Notice of meeting. Supervisor, Land Between The Lakes, 100 Van Morgan Drive, Golden Pond, be considered. Written comments SUMMARY: The Land Between The Lakes Kentucky 42211; and must be received should be addressed to: Desk Officer for Advisory Board (Board) will meet in by July 5, 2016, in order for copies to Agriculture, Office of Information and Regulatory Affairs, Office of Golden Pond, Kentucky. The Board is be provided to the members for this Management and Budget (OMB), New authorized under section 450 of the meeting. Board members will review Executive Office Building, 725 17th Land Between The Lakes Protection Act written comments received, and at their Street NW., Washington, DC 20503. of 1998 (Act) and operates in request, oral clarification may be Commentors are encouraged to submit compliance with the Federal Advisory requested for a future meeting. their comments to OMB via email to: Committee Act. The purpose of the Meeting Accommodations: If you are [email protected] or fax Board is to advise the Secretary of a person requiring reasonable (202) 395–5806 and to Departmental Agriculture on the means of promoting accommodation, please make requests Clearance Office, USDA, OCIO, Mail public participation for the land and in advance for sign language resource management plan for the Stop 7602, Washington, DC 20250– interpreting, assistive listening devices, recreation area; and environmental 7602. Copies of the submission(s) may or other reasonable accommodation. For education. Board information can be be obtained by calling (202) 720–8681. access to the facility or proceedings, found at the following Web site: http:// An agency may not conduct or please contact the person listed in the www.landbetweenthelakes.us/. sponsor a collection of information section titled FOR FURTHER INFORMATION DATES: The meeting will be held at 9:00 unless the collection of information CONTACT. All reasonable displays a currently valid OMB control a.m. on July 19, 2016. accommodation requests are managed All Board meetings are subject to number and the agency informs on a case by case basis. cancellation. For status of meeting prior potential persons who are to respond to to attendance, please contact the person Dated: June 10, 2016. the collection of information that such listed under FOR FURTHER INFORMATION Tina R. Tilley, persons are not required to respond to CONTACT. Area Supervisor, Land Between The Lakes. the collection of information unless it displays a currently valid OMB control ADDRESSES: [FR Doc. 2016–14577 Filed 6–17–16; 8:45 am] The meeting will be held at number. the Land Between The Lakes BILLING CODE 3411–15–P Administration Building, 100 Van Grain Inspection, Packers and Morgan Drive, Golden Pond, Kentucky. Stockyard Administration DEPARTMENT OF AGRICULTURE Written comments may be submitted Title: Swine Contract Library. as described under SUPPLEMENTARY Grain Inspection, Packers and OMB Control Number: 0580–0021. INFORMATION. All comments, including Stockyard Administration Summary of Collection: The Swine names and addresses when provided, Packer Marketing Contracts, subtitle of are placed in the record and are Submission for OMB Review; the Livestock Mandatory Reporting Act available for public inspection and Comment Request of 1999, amended the Packers and copying. The public may inspect Stockyards Act (P&S Act) to mandate comments received at Land Between June 15, 2016. the establishment of a library of swine The Lakes Adminstrative Building. The Department of Agriculture has packer marketing contracts (swine Please call ahead to facilitate entry into submitted the following information contract library), and a monthly report the building. collection requirement(s) to OMB for of types of contracts in existence and FOR FURTHER INFORMATION CONTACT: review and clearance under the available and commitments under such Christine Bombard, Board Coordinator, Paperwork Reduction Act of 1995, contracts. On February 17, 2016, a final by phone at 270–924–2002 or via email Public Law 104–13. Comments are rule was published re-establishing at [email protected]. requested regarding (1) whether the regulatory authority for the Swine

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Contract Library’s regulations (9 CFR are to respond, including through the educational loan repayment agreements part 206) by amending the regulations’ use of appropriate automated, with veterinarians who agree to provide authority citation to include Subtitle B electronic, mechanical, or other veterinary services in veterinarian of Title II of the P&S Act (7 U.S.C. 198– technological collection techniques or shortage situation for a determined 198b). The collection of information is other forms of information technology. period of time. NIFA will collect necessary for the Grain Inspection, Comments regarding this information information using the Shortage Packers and Stockyards Administration collection received by July 20, 2016 will Situation Nomination Form, (GIPSA) to perform the functions be considered. Written comments Application Form, Records and Reports, required for the mandatory reporting of should be addressed to: Desk Officer for and Surveys. swine packer marketing contract Agriculture, Office of Information and Need and Use of the Information: The information. Regulatory Affairs, Office of information collected allows the Need and Use of the Information: Management and Budget (OMB), New National Institute of Food and Information is required from packers for Executive Office Building, 725 17th Agriculture to request from VMLRP processing plants that meet certain Street NW., Washington, DC 20502. applicants’ information related to criteria, including size as measured by Commenters are encouraged to submit eligibility, qualification, career interests, annual slaughter. This information is their comments to OMB via email to: and recommendations necessary to collected using forms P&SP–341, 342 [email protected] or evaluate their applications for and 343. GIPSA is responsible for fax (202) 395–5806 and to Departmental repayment of educational indebtedness implementing and enforcing the P&S Clearance Office, USDA, OCIO, Mail in return for agreeing to provide Act, including the swine contract Stop 7602, Washington, DC 20250– veterinary services in veterinarian library. The information collection and 7602. Copies of the submission(s) may shortage situations. The information recordkeeping requirements for the be obtained by calling (202) 720–8958. will also be used to determine an swine contract library are essential for An agency may not conduct or applicant’s eligibility for participation maintaining a mandatory library of sponsor a collection of information in the program. The information also information on contracts used by unless the collection of information allows the VMLRP to assess program packers to purchase swine from displays a currently valid OMB control processes and impact, make program producers and monthly reports of number and the agency informs improvements based on process commitments under such contracts. potential persons who are to respond to feedback, and provide feedback to State Description of Respondents: Business the collection of information that such Animal Health Officials on veterinarian or other for-profit; Farms. persons are not required to respond to shortage situations, which can aide Number of Respondents: 54. the collection of information unless it them during the nomination process. Frequency of Responses: Reporting: displays a currently valid OMB control Description of Respondents: On occasion; Monthly. number. Individuals or households; Business or Total Burden Hours: 2,600. National Institute of Food and other for-profit. Charlene Parker, Agriculture Number of Respondents: 1,190. Frequency of Responses: Reporting: Departmental Information Collection Title: Veterinary Medicine Loan Clearance Officer. Biennially. Repayment Program (VMLRP). Total Burden Hours: 11,979. [FR Doc. 2016–14492 Filed 6–17–16; 8:45 am] OMB Control Number: 0524–NEW. BILLING CODE 3410–KD–P Summary of Collection: In January Ruth Brown, 2003, the National Veterinary Medical Departmental Information Collection Service Act (NVMSA) was passed into Clearance Officer. DEPARTMENT OF AGRICULTURE law adding section 1415A to the [FR Doc. 2016–14416 Filed 6–17–16; 8:45 am] National Agricultural Research, BILLING CODE 3410–09–P National Institute of Food and Extension, and Teaching Policy Act of Agriculture 1997. This law established a new Submission for OMB Review; Veterinary Medicine Loan Repayment DEPARTMENT OF AGRICULTURE Comment Request Program (VMLRP) (7 U.S.C. 3151a) authorizing the Secretary of Agriculture Rural Utilities Service June 14, 2016. to carry out a program of entering into The Department of Agriculture has agreements with veterinarians under Announcement of Application submitted the following information which they agree to provide veterinary Deadlines and Requirements for collection requirement(s) to OMB for services in veterinarian shortage Section 313A Guarantees for Bonds review and clearance under the situations. The purpose of the program and Notes Issued for Electrification or Paperwork Reduction Act of 1995, is to assure an adequate supply of Telephone Purposes Loan Program for Public Law 104–13. Comments are trained food animal veterinarians in Fiscal Year (FY) 2016 requested regarding (1) whether the shortage situations and provide USDA AGENCY: Rural Utilities Service, USDA. collection of information is necessary with a pool of veterinary specialists to ACTION: Notice; correction. for the proper performance of the assist in the control and eradication of functions of the agency, including animal disease outbreaks. The National SUMMARY: The Rural Utilities Service whether the information will have Institute of Food and Agriculture (NIFA) (RUS), an agency of the United States practical utility; (2) the accuracy of the will designate geographic and practice Department of Agriculture (USDA), agency’s estimate of burden including areas that have a shortage of food supply published a document in the Federal the validity of the methodology and veterinarians in order to carry out the Register of June 14, 2016, concerning assumptions used; (3) ways to enhance VMLRP goals of strengthening the the Announcement of Application the quality, utility and clarity of the nation’s animal health infrastructure Deadlines and Requirements for Section information to be collected; and (4) and supplementing the Federal response 313A Guarantees for Bonds and Notes ways to minimize the burden of the during animal health emergencies. NIFA Issued for Electrification or Telephone collection of information on those who will carry out NVMSA by entering into Purposes Loan Program for Fiscal Year

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(FY) 2016. The document contained honoring the 65th anniversary of VOA’s Needs and Uses: The regulations (19 incorrect dates. Georgian Service, a resolution honoring CFR 358.101–104) provide procedures FOR FURTHER INFORMATION CONTACT: For the 20th anniversary of VOA’s Bosnian for requesting the Secretary of further information contact Amy Service, and a resolution honoring the Commerce to permit the importation of McWilliams, Management Analyst, 1400 15th anniversary of Radio the Radio supplies, such as food, clothing, and Independence Avenue SW., STOP 1568, Free Europe/Radio Liberty Balkan medical, surgical, and other supplies, Room 0226–S, Washington, DC 20250– Service’s Macedonian Unit. The Board for use in emergency relief work free of 1568. Telephone: (202) 205–8663; email: will receive a report from the Chief antidumping and countervailing duties. [email protected]. Executive Officer and Director of BBG. Affected Public: Business or other for- The Board will also hear from profit organizations. Corrections representatives of the BBG’s networks Frequency: Varies. In the Federal Register of June 14, regarding the BBG’s impact model, Respondent’s Obligation: Voluntary. 2016, in the FR Doc. 2016–14009, make including examples or areas where BBG This information collection request the following corrections to read as has had impact through its journalism may be viewed at www.reginfo.gov. follows: as well as impact as a driving ethos for Follow the instructions to view the 1. On page 38660, in the third BBG’s journalism. Department of Commerce collections column, correct the DATES caption to This meeting will be available for currently under review by OMB. read: public observation via streamed Written comments and webcast, both live and on-demand, on recommendations for the proposed DATES: Completed applications must be the agency’s public Web site at information collection should be sent received by RUS no later than 5:00 p.m. www.bbg.gov. Information regarding this within 30 days of publication of this Eastern Daylight Time (EDT) on Friday, meeting, including any updates or notice to OIRA Submission@ July 15, 2016. adjustments to its starting time, can also omb.eop.gov or fax to (202) 395–5806. 2. On page 38660, in the third be found on the agency’s public Web Dated: June 15, 2016. site. column, in the Overview section, Glenna Mickelson, correct the Due Date for Applications The public may also attend this meeting in person at the address listed Management Analyst, Office of the Chief caption to read: Information Officer. above as seating capacity permits. Due Date for Applications: Members of the public seeking to attend [FR Doc. 2016–14462 Filed 6–17–16; 8:45 am] Applications must be received by RUS the meeting in person must register at BILLING CODE 3510–DS–P by 5:00 p.m. Eastern Daylight Time http://bbgboardmeetingjune2016.event (EDT) on Friday, July 15, 2016. brite.com by 12:00 p.m. (EDT) on June DEPARTMENT OF COMMERCE 3. On page 38661, column one, in the 22. For more information, please contact II. Award Information section, correct BBG Public Affairs at (202) 203–4400 or Foreign-Trade Zones Board the Application Date caption to read: by email at [email protected]. Application Date: Applications must CONTACT PERSON FOR MORE INFORMATION: [Order No. 2001] be received by RUS by no later than 5:00 Persons interested in obtaining more Approval of Subzone Status; Cabela’s p.m. Eastern Daylight Time (EDT) on information should contact Oanh Tran Inc.; Tooele, Utah Friday, July 15, 2016. at (202) 203–4545. Pursuant to its authority under the Foreign- Dated: June 14, 2016. Oanh Tran, Trade Zones Act of June 18, 1934, as Brandon McBride, Director of Board Operations. amended (19 U.S.C. 81a–81u), the Foreign- Administrator, Rural Utilities Service. [FR Doc. 2016–14652 Filed 6–16–16; 4:15 pm] Trade Zones Board (the Board) adopts the [FR Doc. 2016–14491 Filed 6–17–16; 8:45 am] BILLING CODE 8610–01–P following Order: BILLING CODE P Whereas, the Foreign-Trade Zones Act provides for ‘‘. . . the establishment DEPARTMENT OF COMMERCE . . . of foreign-trade zones in ports of BROADCASTING BOARD OF entry of the United States, to expedite GOVERNORS Submission for OMB Review; and encourage foreign commerce, and Comment Request for other purposes,’’ and authorizes the Government in the Sunshine Act Foreign-Trade Zones Board to grant to Meeting Notice The Department of Commerce will submit to the Office of Management and qualified corporations the privilege of DATE AND TIME: Thursday, June 23, Budget (OMB) for clearance the establishing foreign-trade zones in or 2016, 9:45 a.m.–12:00 p.m. EDT. following proposal for collection of adjacent to U.S. Customs and Border information under the provisions of the Protection ports of entry; PLACE: Cohen Building, Room 3321, Paperwork Reduction Act (44 U.S.C. Whereas, the Board’s regulations (15 330 Independence Ave. SW., CFR part 400) provide for the Washington, DC 20237. Chapter 35). Agency: International Trade establishment of subzones for specific SUBJECT: Notice of Meeting of the Administration. uses; Broadcasting Board of Governors. Title: Procedures for Importation of Whereas, the SUMMARY: The Broadcasting Board of Supplies for Use in Emergency Relief Corporation, grantee of Foreign-Trade Governors (Board) will be meeting at the Work. Zone 30, has made application to the time and location listed above. The Form Number(s): N/A. Board for the establishment of a subzone Board will vote on a consent agenda OMB Control Number: 0625–0256. at the facility of Cabela’s Inc., located in consisting of the minutes of its April 20, Type of Request: Regular Submission. Tooele, Utah, (FTZ Docket B–03–2016, 2016 meeting, a resolution honoring the Burden Hours: 15. docketed January 20, 2016); 65th anniversary of Voice of America’s Number of Respondents: 1. Whereas, notice inviting public (VOA) Armenian Service, a resolution Average Hours per Response: 15. comment has been given in the Federal

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Register (81 FR 4250, January 26, 2016) knuckleboom loaders (and their cabs) hydraulic tubes; return manifolds; and the application has been processed (duty free) for the foreign-status inputs reservoir tanks; fuel injection pumps; pursuant to the FTZ Act and the Board’s noted below. Customs duties also could fuel pumps; oil pumps; regulating regulations; and, possibly be deferred or reduced on valves; gear pumps; hydraulic pumps; Whereas, the Board adopts the foreign-status production equipment. main pumps; diesel exhaust fluid lines; findings and recommendations of the The components and materials charge pump piston rings; disk brake examiner’s memorandum, and finds that sourced from abroad include: Silicone pistons; hydraulic reservoirs; pump the requirements of the FTZ Act and the dosing module hoses; polyvinyl shafts; steering cylinder barrels; Board’s regulations are satisfied; chloride reflectors; plastic labels/plugs/ compressors; blower fan assemblies; Now, therefore, the Board hereby push button switches/washers/input exhaust stack diffusers; air conditioners; approves subzone status at the facility of shaft seals/rings/vent breather clamps/ vapor condensers; evaporator coils; Cabela’s Inc., located in Tooele, Utah bearings; rubber hoses/hose pipes/ heater/evaporator coils; refrigerant (Subzone 30B), as described in the transmission hose tubes/rings/o-rings/o- hoses; heater coils; hose assembly application and Federal Register notice, ring kits/dust seals/gaskets/o-ring breathers; joint breathers; aluminum subject to the FTZ Act and the Board’s packings/brake seals/differential charge air coolers; heat exchangers; regulations, including Section 400.13. assembly shaft seals/oil pan gaskets/ hydraulic oil coolers; oil coolers; Signed at Washington, DC, this 2nd day of seals/guide rings/seal kits/u-rings/boots/ condenser cores; fuel filters; fuel inlet June 2016. bump shifter boots/damper absorbers/ tubes; oil filters; oil filter elements; Paul Piquado, door stop bumpers/grommets/ring receiver-dryers; transmission oil filters; Assistant Secretary of Commerce for supports/isolators/mount absorbers/ air cleaners; transmission pump filters; Enforcement and Compliance, Alternate mount isolators; cork gaskets; paper catalytic converters; filter elements; Chairman, Foreign-Trade Zones Board. gaskets/seals/installation instructions; filter heads; air intake guards; boom Andrew McGilvray, adhesive paper anti-skid pads; non- tubes; catwalk platforms; Executive Secretary. asbestos friction disks; glass rear view counterweights; counterweight [FR Doc. 2016–14530 Filed 6–17–16; 8:45 am] mirrors; steel hydraulic reservoir tanks/ weldments; door grills; grapple rotators; wiring harness cables/alloy rippers/ heel supports; housing weldments; BILLING CODE 3510–DS–P scarifier plates/alloy u-bolts/screws/ hydraulic boom tubes; hydraulic oil bolts/studs/plugs/nuts/retainer plate & lines; hydraulic reservoirs for forestry DEPARTMENT OF COMMERCE nut assemblies/fittings/bushings/ equipment; jib boom assemblies; log springs/lock plates/washers/shims/pins/ loader grapples; lower frame cover Foreign-Trade Zones Board rings/clutch rollers/kingpins/fasteners/ plates; main boom assemblies; manifold retainers/clamps/straps/caps/balls/ core returns; muffler adapters; pressure [B–40–2016] beaded adapters/bucket tooth adapter tubes; reinforcement plates; stabilizer Foreign-Trade Zone (FTZ) 133—Quad- kits/flanges/spacers/cylinder shaft seals/ assemblies; stabilizer manifolds; suction Cities, Iowa/Illinois; Notification of shafts/hose supports/joint assemblies/o- tubes; upper frames; bucket ripper teeth; Proposed Production Activity; Deere & ring fittings/push beam trunnions/ flare bucket teeth; multi-purpose Company; Subzone 133F return oil lines/ring forks/shim kits/ buckets; backhoe buckets; excavator (Construction and Forestry sleeves/splined couplings/couplers/ buckets; loader buckets; skid steer Equipment); Dubuque, Iowa threaded nipples/toolboxes/toolbox buckets; cutting edge end bits; dozer assemblies/toolbox lid covers; cast iron blades; dozer blade cutting edges; dura- Deere & Company (Deere), operator of raw castings; iron mounting adapters; max blade cutting edges; fork Subzone 133F, submitted a notification bronze bushings; copper electric assemblies; hydraulic clamp kits; pallet of proposed production activity to the connectors; aluminum valve housings; forks; pallet fork tines; ripper shank FTZ Board for its facility within disk saw teeth; insert teeth; tooth kits; assemblies; bucket teeth; axles; axle Subzone 133F, located in Dubuque, center cutting edges; outer cutting casings; axle housings; axles with Iowa. The notification conforming to the edges; bucket locks; fitting keys; hinge differential; ball joints; battery boxes; requirements of the regulations of the leaves; gas-operated cylinders; brackets; battery disconnect brackets; boom locks; FTZ Board (15 CFR 400.22) was boom stops; latches; dust caps; fuel bottom rollers; brackets; brake assembly received on May 26, 2016. filler caps; identification plates; diesel shims; brake disks; bucket links; bucket The facility is used for the production engines; gear box pistons; air cleaner sensor tubes; bucket tooth adapters; of construction and forestry equipment. hoses; air intake assemblies; air intake bucket tooth plugs; bucket tooth Pursuant to 15 CFR 400.14(b), FTZ stacks; diesel exhaust fluid pressure retainers; cast brackets; clutch assembly activity would be limited to the specific lines; duct plate manifolds; exhaust gas bearing covers; clutch brake disk foreign-status materials and components recirculation clamps; foot well carriers; coolant tubes; cooler guards; and specific finished products described assemblies; fuel lines; oil pans; orifices; cooler tubes; cutting edges; diesel in the submitted notification (as piston rings; thermostat assembly emission exhaust fluid lines; disk brake described below) and subsequently covers; thermostat housings; valve hubs; driver casting assemblies; duct authorized by the FTZ Board. covers; hydraulic cylinders; steering plate housings; dura-max cutting edges; Production under FTZ procedures cylinders; thumb kit clamps; fan drive end bits; exhaust pipe assemblies; fan could exempt Deere from customs duty motors; hydraulic motors; hydrostatic adapters; fan guards; fitting yokes; foot payments on the foreign-status motors; hydraulic cylinder kits; control pedals; four wheel drive axles; components used in export production. hydraulic cylinder ports; oil line front axles; fuel tank assemblies; fuel On its domestic sales, Deere would be assemblies; parking brake pistons; tank brackets; fuel tank enclosure able to choose the duty rate during steering cylinder kits; steering cylinder guards; grill frames; grill frame customs entry procedures that applies to rods; cooler bypass manifolds; hydraulic assemblies; handrail supports; handrail backhoes, crawler dozers, crawler manifolds; hydraulic oil tubes; tubes; harness fan drive assemblies; heat loaders, skid steer loaders, tracked feller hydraulic vent assembly tubes; oil line shield plates; hood weldments; bunchers, tracked harvesters, tubes; pressure manifolds; return line hydraulic tanks; impact breakers; joint

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housings; grill frame supports; pipe covers; grill housing weldments; rear cover assemblies; tube assemblies; cylinder lines; loader bucket links; cylinder guards; gusset weldments; heat axle hydraulic system tubes; bar cranks; locks; lower carrier plates; machined shield mount plates; heater line tubes; battery mounting structures; bellcranks; mounting brackets; mounting plates; oil steel brackets; hub cap covers; hydraulic cab guards; casting covers; channels; lines; output shafts; park brake hose tubes; hydraulic plate partitions; coolant heater tubes; cooling package housings; pilot base struts; pin type idler brackets; idler bracket weldments; brackets; cover plates; cylinder boom forks; pistons; piston rods; pivot idler covers; impactor breakers; input tubes; cylinder tubes; dipstick tubes; castings; pivot shifts; brake plates; flanges; input shafts; input shaft hubs; door latch tubes; elbow flange fittings; power link casting assemblies; quick isolator brackets; joystick mounting engine control panel covers; engine couplers; rear axles; breaker rods; rod brackets; jump start covers; linkage frame guards; extinguisher brackets; fire assemblies; rubber boom stops; self- electric mechanisms; lift cylinder suppression tubes; flange rollers; frame leveling arms; service guide links; shift bosses; load center consoles; load center guard doors; front axle housings; front collars; bucket side protector shrouds; covers; lower links; lower link wheel drive axle guards; fuel filter side boom assemblies; bucket standard assemblies; lower link bosses; lower tubes; fuel tanks; gear housings; gear teeth; stabilizer street pads; suction pipe link kits; lower weldment links; runners; guard plates; heeler arm half assemblies; support plates; surge tank moldboard end bits; mufflers; nozzle clamps; hinge bracket plates; hose supports; swivel housings; tie rod assemblies; nut plates; oil tubes; outer brackets; hose guide plates; hose routing assemblies; tie rod ends; transmission accumulator arms; parking brakes; pedal brackets; hydraulic boom system tubes; mounts; bucket twin tiger teeth; valve assembly mountings; pedal base hydraulic pump manifold tubes; mounting brackets; bucket wear assembly brackets; pedal brackets; pedal hydraulic pump system tubes; hydraulic shrouds; weldment brackets; wheel mounting brackets; pitch link reservoir assemblies; hydraulic suction flanges; wheel flange hubs; yoke shims; assemblies; pivot arm levers; pivot tubes; hydraulic tank covers; hydraulic rubber track belts; 4-bolt flange fittings; covers; pivot shafts; plate brackets; tubes; keel door guards; front shields; access panel covers; air flow tubes; air pressure bracket assemblies; pump leveling ladders; lift links; links; log plenums; air cleaner/pre cleaner mount brackets; hydraulic pump forks; lower assembly frames; lower brackets; axle assemblies; axle drive spacers; push blocks; push beam casting debris guards; lower frames; lower housings; quick coupler back covers; pivots; quik-tach links; rear bumpers; radiator tubes; main booms; main backer plate weldments; baffle brackets; rear engine mount brackets; rippers; cylinder tubes; main frames; mounting battery service doors; boom lock relay brackets; retention bosses; retrieval rings; non-leveling ladders; oil filter assemblies; boom bosses; bracket hitches; axle guards; rigid drawbars; brackets; pilot line tubes; plate covers; harnesses; bracket plates; bracket ripper frame mounts; ripper lift arms; plate guards; platform supports; posts; supports; bracket weldments; brake ripper shanks; blade ripper teeth; power management tubes; pressure line assembly disks; brake housings; brake ripper/scar beams; riser brackets; tubes; radiators; radiator tubes; rear line tubes; brake pistons; brake shoes; scarifier casting links; scraper blades; assembly links; removable panel covers; bucket pivot bosses; bucket teeth; transmission screens; screen sheet caps; retainer plates; roller flanges; rotary bucket tooth pin fasteners; bulkhead screen shields; separator plates; shafts; manifold brackets; routing bridge brackets; bulkhead plates; cast steps; shank and tooth assemblies; shank brackets; saw motor tubes; secondary central ship covers; channel plates; assembly rippers; shank guards; side booms; side hood shields; slider frames; charge air coolers; chin strap guards; panel brackets; side shield bumpers; stabilizer feet; steel oil lines; steel one bucket chisel teeth; clutch assembly single bar shoes; skid steer mounting bend tubes; stick cylinder tubes; axles; clutch assembly roller sets; frames; sliding front roller frames; structural tubes; suction line tubes; cooling module assemblies; cooling spring brackets; standard bucket teeth; suction saw pump tubes; suction tank packages; cooling package support bucket star teeth; steel guide rings; steel end tubes; supports; swing table brackets; cooling system radiators; final upper lift arms; steering bellcranks; assembly frames; tank assemblies; tank drive covers; cover guard assemblies; steering columns; steering links; brackets; tank fill return line tubes; tank cross flow oil coolers; cylinder transport steering shafts; step assemblies; striker strap brackets; test manifolds; torque brackets; decomposition tubes; diesel bolt brackets; striker plates; suction tube arm brackets; torsional dampers; track exhaust fluid tank header assemblies; lines; sulfur compatible mufflers; drive tubes; track frame kits; oil line diesel exhaust fluid tank lid covers; support assemblies; support brackets; tubes; fire suppression tube kits; deflector plates; diesel exhaust fluid support weldments; surge tank brackets; undercarriages; undercarriage insulated pressure lines; diesel exhaust tandem drive housings; toe guard removable plates; valve mount brackets; fluid suction lines; differential support angle brackets; toggle/rocker valve plates; wear plate weldments; housings; planetary assembly disks; switches; track frames; track frame kits; wear resistant teeth; weldment covers; brake separator disk plates; drive track frame tie down plates; weldment doors; weldment supports; housings; electrical box supports; transmission guards; transmission wiper/monitor covers; wrist frames; engine harness bracket assemblies; housing axles; transmission hydrostatic hydraulic accumulators; brake valves; engine mounting bracket supports; covers; transmission oil line pipes; control valves; flow control hydraulic exhaust bracket weldments; exhaust trunnions; upper carrier plates; upper valves; hydraulic pressure valves; single nozzles; exhaust pipes; exhaust stack link bosses; upper rear panel covers; pilot controllers; transmission shift plenums; fan harness brackets; fan valve brackets; wear plates; weight valves; valve kits; solenoid hydraulic mount plates; fan mounting brackets; weldment assembly brackets; yoke dust valves; check valves; pressure relief fan shroud brackets; filter brackets; fuel shields; scarifier attachments; jointers; valves; vent valves; drain valves; quik- filter brackets; foot pedal assemblies; transmission case covers; breaker tach couplers; solenoid valves; injection foot throttle brackets; footwell assembly mounting frames; shank assemblies; nozzles; manual hydraulic valves; pilot covers; forks; fork tines; frame kits; scarifier ripper shanks; scarifier shanks; control valves; valves; shifting friction disks; front consoles; fuel filler weld-on shanks; rockers; hand brake controllers; electrohydraulic controllers; pipes; fuel tank strap brackets; fuse arm assemblies; rear axle gussets; access hydraulic control valves; thermostats; plate covers; grading buckets; grill doors; adapter plates; air duct covers; thermostatic control valves; block

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valves; valve housings; cylinders; disk transmission housing covers; levers; slip differential housings; pinion carrier housings; duct plates; end plates; transmission oil lines; transmission oil shaft assemblies; differential locks; hydraulic valve plates; joint steering tubes; wheel gears; yokes; yoke with powertrain ring gears; pressure ring housings; manifold plates; valve shafts; yoke with tubes; universal joint housings; half sleeves; ball stud caps; pistons; valve spools; thermostat crosses; universal joint yokes; yokes; exhaust adaptors; exhaust tube housing with plugs; control valve clutch assembly disks; clutch assembly assemblies; muffler pipes; muffler tubes; manifolds; hydraulic manifolds; pistons; clutch disks; clutch disk plates; input gears; shaft assembly rings; clutch hydraulic vent tubes; manifolds; quick clutch kits; clutch plates; diaphragms; disk with outer splines; clutch disks attach couplers; rotary manifolds; disk carrier drums; friction plates; with inner splines; forward clutch thermostat covers; valve mounting torque converter housings; axle clutch shafts; clutch disks; steering column plates; valve sleeves; ball bearings; disks; mounting ring plates; output shaft kits; axle assembly ring gears; roller bearings; clutch assembly solid shims; output shaft wheel hubs; differential assembly flanges; guide bearings; axial bearings; needle output yokes; pinions; planet pinion rings; magnetic disks; rear differential bearings; clutch assembly ball bearings; carriers; planetary assemblies; torque bevel gears; section rings; axle guards; cylindrical roller bearings; spherical converter covers; control valve gaskets; axle guard doors; belly pan covers; roller bearings; tapered roller bearings; exhaust gas recirculation gaskets; gas cylinder guards; diesel exhaust fuel line thrust bearings; clutch assembly roller exhaust gaskets; steel gaskets; steering tubes; engine side shields; exhaust bearings; needle rollers; bearing cups; shaft guide rings; tube seals; axle tubes; fan supports; frame supports; fuel bearing races; axle housing shafts; cross housing shaft seals; drive shaft yoke leak off hoses; hydraulic plates; rear pinion shafts; differential shafts; seals; input seal kits; metal gaskets; seal shields; screen guards; stacking blade driveshafts; gear pinion shafts; gearbox gaskets; seal kits; sealing rings; turbo oil cutting edges; thermostat cover with housing output shafts; power takeoff return gaskets; differential output seals; plugs; tie rod end caps; water tank shafts; rear axle shaft assemblies; stub oil seals; oscillating pin seals; shaft assemblies; lift arms; main booms; shafts; sun transmission shafts; torque seals; wheel end seals; boom lock mounting frames; mounting rail guides; pivot frames; clutch assembly shafts; converter shafts; transmission input assemblies; front guards; lower lift arms; flange shaft tubes; end yoke fittings; shafts; transmission pivot shafts; lubrication fittings; upper lift arms; front differential gear and pinions; universal driveshafts; pressed flanged winches; wiper motors; electric motor pinion gears; planetary shafts; steel oil housings; bush bearings; axial guide fan assemblies; electric motors; breaker pipes; air conditioner housings; bushings; bearings; bearing cones; points; alternator belts; alternators; glow articulation guards; axle guard doors; bushings; drive shaft roller bearings; plugs; rear lenses; coolant heaters; brake bearing covers; control valve plates; gear thrust washers; handrail spacers; resistors; heater coils; venturi welded cylinder covers; decomposition tube pitch bushings; roll bushings; self- assemblies; radar sensors; satellite assemblies; differential pressure rings; aligning bushings; torque converters; modules; GPS (global positioning differential pinion shafts; dust shields; system) antennas; multiband antennas; disc brake planetary assemblies; final engine side shields; felling head drives; final drive assemblies; power display monitors; tracked feller buncher deflector plates; front shields; grill transmissions; transmissions; monitors; 12-volt resistors; relays; relay fronts; middle shields; motor actuators; transmission motors; axle bevel gears; modules; push switches; limit switches; oil suction tubes; planetary drive clutch double flange idlers; idlers; clutches; locking switches; magnetic pickup disks; rear shields; shaft assembly caps; axle ball joints; cross and bearing switches; parking brake assembly side shafts; speed sensor covers; assemblies; universal joints; bevel gears; switches; pressure switches; switches; structure supports; transmission cover bevel gear drives; carrier disks; center temperature switches; speed sensor plates; transmission pump plates; upper housings; clutch assembly disks; control connector kits; electrical connector cylinder guards; water tank weldments; valve pistons; converter housings; assemblies; control consoles; 12-volt yoke deflectors; temperature sensors; couplings; cross shafts; diaphragms; monitors; electrical control kits; thermocouple sensors; diesel exhaust differential side gears; differential electronic control units; ripper control fluid tank headers; electrical system assembly pistons; differential case assemblies; transmission controllers; senders; fuel senders; filler tube housings; disk carriers; disk with outer vehicle controllers; shift selectors; dipsticks; oil dipsticks; pressure splines; drivers; end yokes; fork shifters; steering column modules; flood lamps; sensors; angle sensors; vehicle monitors; fork tine assemblies; fuel injection magnetic pickup sensors; rotary sensors; exhaust chemical sensors; chemical pump gears; gears; gear box flanges; gear self-leveling rotary sensors; sensors; instrument clusters; instrument input flanges; gear separator plates; transmission sensors; AC (air panels; speed sensors; engine gearbox splined couplings; helical gears; conditioning)/heater harnesses; engine controllers; seat swivel kits; armrest housings; input clutch gears; internal wiring harnesses; ergo power cables; foams; arm pad assemblies; armrest gears; middle housings; oil feed flanges; ignition wiring harnesses; transmission assemblies; and, armrest bracket plates output shaft solid shims; output yokes; wiring harnesses; cab wiring harnesses; (duty rates range from free to 9%). parking brake pistons; pinion shafts; chassis wiring harnesses; control valve Public comment is invited from planetary gears; planetary pinions; wiring harness cables; wiring harnesses; interested parties. Submissions shall be planet pinion carriers; planetary mount frames; cab mount casting addressed to the FTZ Board’s Executive assemblies; pressure rings; rear output isolators; cooling inlet screens; fenders; Secretary at the address below. The shafts; rear section housings; ring gears; fender steps; mini hoods; side hoods; closing period for their receipt is August ring gear and pinions; ring gear and side hood weldments; steps; brake 1, 2016. pinion differentials; ring gear carriers; drums; brake covers; brake assembly A copy of the notification will be roller sets; running disks; universal joint housings; brake plates; disc brakes; park available for public inspection at the yoke guards; sealing cap covers; brakes; gear box planetary assemblies; Office of the Executive Secretary, transmission output shaft steel sheets; axle bearing covers; driven gears; Foreign-Trade Zones Board, Room side gears; spur gears; sun gears; sun straight bevel gears; differential bevel 21013, U.S. Department of Commerce, gear shafts; synchronizer assemblies; gears; differential gear and pinions; 1401 Constitution Avenue NW., transmission cases; transmission covers; drive flanges; gears with teeth; gearshift Washington, DC 20230–0002, and in the

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‘‘Reading Room’’ section of the FTZ listed in the ‘‘Final Results’’ section final results of this review by 60 days.8 Board’s Web site, which is accessible below. The revised deadline for these final via www.trade.gov/ftz. DATES: Effective Date: June 20, 2016. results of review is June 10, 2016. For further information, contact Diane Finver at [email protected] or FOR FURTHER INFORMATION CONTACT: Scope of the Order (202) 482–1367. Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, The merchandise subject to the order Dated: June 10, 2016. International Trade Administration, is seamless refined copper pipe and Elizabeth Whiteman, U.S. Department of Commerce, 14th tube. The product is currently classified Acting Executive Secretary. Street and Constitution Avenue NW., under Harmonized Tariff Schedule of [FR Doc. 2016–14428 Filed 6–17–16; 8:45 am] Washington, DC 20230; telephone: (202) the United States (‘‘HTSUS’’) item BILLING CODE 3510–DS–P 482–4406. numbers 7411.10.1030 and 7411.10.1090. Products subject to this SUPPLEMENTARY INFORMATION: order may also enter under HTSUS item DEPARTMENT OF COMMERCE Background numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. On December 7, 2015, the Department International Trade Administration Although the HTSUS numbers are published its Preliminary Results. On provided for convenience and customs February 11, 2016, the Golden Dragon [A–570–964] purposes, the written description of the Group Companies 3 submitted a case scope of this order remains dispositive.9 Seamless Refined Copper Pipe and brief and on February 16, 2016, Cerro Tube From the People’s Republic of Flow Products, LLC, Wieland Copper Analysis of Comments Received China: Final Results of Antidumping Products, LLC, Mueller Copper Tube Duty Administrative Review; 2013– Products Inc., and Mueller Copper Tube All issues raised in the case and 2014 Company, Inc. (collectively, rebuttal briefs filed by parties in this ‘‘Petitioners’’) submitted a rebuttal review are addressed in the Issues and AGENCY: Enforcement and Compliance, brief.4 In accordance with 19 CFR Decision Memorandum. A list of the International Trade Administration, 351.302(d)(1)(i) and 19 CFR issues that parties raised and to which Department of Commerce. 351.104(a)(2)(ii), on March 28, 2016, the we responded in the Issues and SUMMARY: On December 7, 2015, the Department rejected the Golden Dragon Decision Memorandum follows as an Department of Commerce (‘‘the Group Companies’ case brief because it appendix to this notice. The Issues and Department’’) published in the Federal contained untimely filed new factual Decision Memorandum is a public Register the preliminary results of the information.5 On March 29, 2016, the document and is on file electronically 2013–2014 administrative review of the Golden Dragon Group Companies via Enforcement and Compliance’s antidumping duty order on seamless resubmitted a redacted version of this Antidumping and Countervailing Duty refined copper pipe and tube from the case brief.6 Centralized Electronic Service System People’s Republic of China (‘‘PRC’’).1 Extension of Deadlines for Final Results (‘‘ACCESS’’). ACCESS is available to The period of review (‘‘POR’’) is registered users at http:// November 1, 2013, through October 31, As explained in the memorandum access.trade.gov, and is available to all 2014. We invited parties to comment on from the Acting Assistant Secretary for parties in the Central Records Unit, our Preliminary Results. Based on our Enforcement & Compliance, the room B8024 of the main Department of analysis of the comments received, we Department has exercised its discretion Commerce building. In addition, a made certain changes to the margin to toll all administrative deadlines due complete version of the Issues and calculations for the mandatory to the recent closure of the Federal Decision Memorandum can be accessed respondent Golden Dragon Precise 7 Government. All deadlines in this directly at http://enforcement.trade.gov/ Copper Tube Group, Inc., Hong Kong segment of the proceeding have been frn/index.html. The signed paper copy GD Trading Co., Ltd., and Golden extended by four days. Additionally, on Dragon Holding (Hong Kong) and electronic version of the Issues and March 23, 2016, the Department Decision Memorandum are identical in International, Ltd. and eight affiliated extended the time period for issuing the producers that comprise the GD Single content. 2 Entity. The final weighted-average 3 Respondent’s submissions in this administrative dumping margins for this review are 8 See Memorandum to Gary Taverman, Associate review are filed on behalf of Golden Dragon Precise Deputy Assistant Director, Antidumping and Copper Tube Group, Inc., Hong Kong GD, Trading Countervailing Duty Operations, through Abdelali 1 See Seamless Refined Copper Pipe and Tube Co., Ltd., GD Copper Cooperatief UA, Golden Elouaradia, Office Director, Antidumping and from the People’s Republic of China: Preliminary Dragon Holding (Hong Kong) International, Ltd., Countervailing Duty Operations, Office IV, Results and Partial Rescission of Administrative and GD Copper (U.S.A.) (‘‘Golden Dragon Group concerning, ‘‘2013–2014 Administrative Review of Review; 2013–2014, 80 FR 75968 (December 7, Companies’’). the Antidumping Duty Order on Seamless Refined 2015) (‘‘Preliminary Results’’). 4 See Submission to the Department from the Copper Pipe and Tube from the People’s Republic 2 The GD Single Entity includes the following Petitioners, concerning, ‘‘Rebuttal Brief of the of China: Extension of Deadline for Final Results of companies: (1) Golden Dragon Precise Copper Tube Copper Tube Coalition,’’ dated February 16, 2016. Antidumping Duty Administrative Review,’’ dated Group, Inc.; (2) Golden Dragon Holding (Hong 5 See Letter to the Golden Dragon Group March 23, 2016. Kong) International, Ltd.; (3) Hong Kong GD Companies from Robert Bolling, Program Manager, 9 For a complete description of the scope of this Trading Co., Ltd.; (4) Shanghai Longyang Precise AD/CVD Operations, Office IV, dated March 28, order, see Memorandum to Paul Piquado, Assistant Copper Compound Copper Tube Co., Ltd.; (5) 2016. Secretary for Enforcement and Compliance, from Jiangsu Canghuan Copper Industry Co., Ltd.; (6) 6 See Letter to the Department from the Golden Christian Marsh, Deputy Assistant Secretary for Guangdong Longfeng Precise Copper Tube Co., Ltd.; Dragon Group Companies, concerning, Antidumping and Countervailing Duty Operations, (7) Wuxi Jinlong Chuancun Precise Copper Tube ‘‘Resubmitted Case Brief; Seamless Refined Copper regarding ‘‘Issues and Decision Memorandum for Co., Ltd.; (8) Longkou Longpeng Precise Copper Pipe and Tube from China,’’ dated March 29, 2016. the Final Results of the 2013–2014 Administrative Tube Co., Ltd.; (9) Xinxiang Longxiang Precise 7 See Memorandum to the Record from Ron Review of the Antidumping Duty Order on Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Lorentzen, Acting A/S for Enforcement & Seamless Refined Copper Pipe and Tube from the Processing Co., Ltd.; and (11) Chonqing Longyu Compliance, regarding, ‘‘Tolling of Administrative People’s Republic of China’’ (‘‘Issues and Decision Precise Copper Tube Co., Ltd. (the ‘‘GD Single Deadlines As a Result of the Government Closure Memorandum’’), dated concurrently with, and Entity’’). See Preliminary Results at 75968. During Snowstorm Jonas,’’ dated January 27, 2016. hereby adopted by, this notice.

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Changes Since the Preliminary Results • We revised the distance used in our records and the selection and review of calculation of inland freight expenses original documentation containing Based on a review of the record and using record information. comments received from interested relevant information. The results of the parties regarding our Preliminary Verification verification are outlined in the public Results, we made the following version of the verification reports. The As provided in section 782(i) of the verification reports are on file revisions to the margin calculations for Tariff Act of 1930, as amended (the 10 electronically via ACCESS. the GD Single Entity: ‘‘Act’’), the Department verified • We revised a deduction for information provided by the Golden Final Results unrefunded VAT from the calculation of Dragon Group Companies.11 The net U.S. price. Department conducted the verification We determine that the following • We revised the valuation of the by- using standard verification procedures weighted-average dumping margin product offset for recycled copper. including the examination of relevant exists for the POR:

Weighted-Average Exporter dumping margin (percent)

Golden Dragon Precise Copper Tube Group, Inc./Golden Dragon Holding (Hong Kong) International Co., Ltd./Hong Kong GD Trading Co., Ltd./Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan Copper Industry Co., Ltd./Guangdong Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd./Longkou Longpeng Precise Copper Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./Chonqing Longyu Precise Copper Tube Co., Ltd ...... 0.00

Assessment for consumption on or after the prior to liquidation of the relevant Pursuant to section 751(a)(2)(A) of the publication date, as provided by section entries during this POR. Failure to Act, and 19 CFR 351.212(b), the 751(a)(2)(C) of the Act: (1) For the comply with this requirement could Department will determine, and U.S. exporters identified above, the cash result in the Department’s presumption Customs and Border Protection (‘‘CBP’’) deposit rate will be zero; (2) for that reimbursement of antidumping shall assess, antidumping duties on all previously investigated or reviewed PRC duties has occurred and the subsequent appropriate entries covered by this and non-PRC exporters that received a assessment of doubled antidumping review. The Department intends to issue separate rate in a previously completed duties. segment of this proceeding, the cash assessment instructions to CBP 15 days Notifications to All Parties after the publication date of the final deposit rate will continue to be the results of this review. existing exporter-specific rate; (3) for all This notice also serves as a reminder For the companies identified above, PRC exporters of subject merchandise to parties subject to Administrative which comprise the GD Single Entity, that have not been found to be entitled Protective Order (‘‘APO’’) of their the weighted-average dumping margin a separate rate, the cash deposit rate will responsibility concerning the return or is zero. Therefore, the Department will be that for the PRC-wide entity (i.e., destruction of proprietary information instruct CBP to liquidate appropriate 60.85 percent); and (4) for all non-PRC disclosed under APO in accordance entries by the companies that comprise exporters of subject merchandise which with 19 CFR 351.305, which continues the GD Single Entity without regard to have not received their own rate, the to govern business proprietary antidumping duties.12 For entries that cash deposit rate will be the rate information in this segment of the were not reported in the U.S. sales applicable to the PRC exporter that proceeding. Timely written notification databases submitted by companies supplied that non-PRC exporter. These of the return or destruction of APO individually examined during this deposit requirements, when imposed, materials, or conversion to judicial review, the Department will instruct shall remain in effect until further protective order, is hereby requested. CBP to liquidate such entries at the notice. Failure to comply with the regulations and terms of an APO is a violation PRC-wide rate. Disclosure For entries that were not reported in which is subject to sanction. the U.S. sales databases submitted by We intend to disclose the calculations We are issuing and publishing these companies individually examined performed regarding these final results final results of administrative review during this review, the Department will within five days of the date of and notice in accordance with sections instruct CBP to liquidate such entries at publication of this notice in accordance 751(a)(1) and 777(i) of the Act. the PRC-wide rate. with 19 CFR 351.224(b). Dated: June 10, 2016. Cash Deposit Requirements Notification to Importers Regarding the Paul Piquado, Reimbursement of Duties Assistant Secretary for Enforcement and The following cash deposit Compliance. requirements will be effective upon This notice also serves as a final publication of the final results of this reminder to importers of their Appendix—Issues and Decision administrative review for shipments of responsibility under 19 CFR 351.402(f) Memorandum the subject merchandise from the PRC to file a certificate regarding the Summary entered, or withdrawn from warehouse, reimbursement of antidumping duties Background

10 See Issues and Decision Memorandum. Constructed Export Price Sales Questionnaire the Questionnaire Responses of Golden Dragon 11 See Memorandum to the File through Robert Responses of GD Copper (U.S.A.), Inc.,’’ dated Precise Copper Tube Group, Inc.,’’ dated February Bolling, Program Manager, AD/CVD Operations, January 1, 2016. See also Memorandum to the File 3, 2016. through Robert Bolling, Program Manager, AD/CVD Office IV, concerning, ‘‘Verification of the 12 See 19 CFR 351.212(b)(1). Operations, Office IV, concerning, ‘‘Verification of

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Scope of the Order FOR FURTHER INFORMATION CONTACT: the United States, including flights with Discussion of the Issues Richard Champley at: (202) 482–4753, fewer than 10 passengers. It reports the Comment 1: Surrogate Value for Recovered or [email protected]; or total volume of air traffic and various Copper By-Product subsets of traffic. A differentiating Comment 2: Application of Financial Claudia Wolfe at: (202) 482–4555, or Ratios to Recovered Inputs [email protected]. feature of the I–92 is that the I–92 Comment 3: Inland Freight Surrogate Value SUPPLEMENTARY INFORMATION: reports the number of U.S. citizens vs. Comment 4: Distance From Port to Background: Consistent with the ‘‘all other citizens.’’ The information Warehouse guidelines in OMB Circular A–25, collected from this program has been Comment 5: Calculation of Unrecovered federal agencies are responsible for based upon the Advance Passenger Value-Added Tax (‘‘VAT’’) conducting a biennial review of all Information System (APIS) since July Comment 6: Whether To Value Water as a 2010. All carriers serving the United Direct Material Input Recommendation programs to determine the types of activities subject to user fees and the States must transmit APIS data (from [FR Doc. 2016–14426 Filed 6–17–16; 8:45 am] basis upon which user fees are to be set. their automated flight manifests) to CBP BILLING CODE 3510–DS–P The U.S. Department of Commerce, for each flight coming to or departing International Trade Administration from the United States. Canada also is included in this program. The DEPARTMENT OF COMMERCE (ITA), recently completed a biennial review and will be notifying the public, information collected provides non-stop International Trade Administration on a rolling basis, on the various ITA point-to-point air traffic totals between user fee adjustments. the United States and all other countries [Docket No.: 160606495–6495–01] In addition to OMB Circular A–25, the and between U.S. and foreign airports. RIN 0625–XC019 NTTO follows OMB Circular A–130, This information is further subset by the which mandates that federal agencies number of passengers on U.S. flag or 2016 Fee Schedule for National Travel develop and maintain a comprehensive foreign flag carriers. In addition, there is and Tourism Office for the Advance set of information management policies a breakout of scheduled or charter flight Passenger Information System/I–92 for use across the government, and to passengers. In the monthly, quarterly Program, I–94 International Arrivals promote the application of information and annual I–92 reports, there are four Program, and Survey of International technology to improve the use and sets of tables. The first three sets have Air Travelers Program dissemination of information in the an arrivals portion (Ia, IIa, and IIIa), as well as a departures section (Id, IId, and AGENCY: International Trade operation of Federal programs. The role of NTTO is to enhance the international IIId). The fourth table is a summary of Administration, U.S. Department of traffic by flag of carrier. To learn more Commerce. competitiveness of the U.S. travel and tourism industry and increase its about this program, go to: http:// ACTION: Notice of revised fee schedule. exports, thereby creating U.S. travel.trade.gov/research/programs/i92/ SUMMARY: Consistent with the employment and economic growth. The index.asp. The current 2016 and guidelines in OMB Circular A–25,1 primary functions of the NTTO are: (1) historical fees (1990–2015) for this federal agencies are responsible for Management of the travel and tourism program can be found at: http:// conducting a biennial review of all statistical system for assessing the travel.trade.gov/research/reports/i92/ programs to determine the types of economic contribution of the industry index.asp. Fees for APIS/I–92 products activities subject to user fees and the and providing the sole source for include a 5 percent fee increase between basis upon which user fees are to be set. characteristic statistics on international 2015 and 2016. The U.S. Department of Commerce, travel to and from the United States; (2) The I–94 International Arrivals National Travel and Tourism Office design and administration of export Program is a core part of the U.S. travel (NTTO) is raising the fees for 2016 data expansion activities; (3) development and tourism statistical system. This for the monthly, quarterly and annual and management of tourism policy, program provides the U.S. government data from the Advance Passenger strategy and advocacy; and, (4) technical and the public with the official U.S. Information System (APIS)/I–92 assistance for expanding this key export monthly and annual overseas visitor Program, the I–94 International Arrivals (international tourism) and assisting in arrivals to the United States along with Program, and the annual custom reports, domestic economic development. There select Mexican and Canadian visitor data tables or files from the Survey of are three main research programs in statistics. The NTTO manages the International Air Travelers Program. which the public may obtain additional program in cooperation with the CBP. The NTTO has been providing this data data on the international travelers to The program collects and reports for a fee for many years and has and from the United States in addition overseas non-U.S. resident visitor developed a subscriber base for each of to free information posted to the NTTO arrivals to the United States. U.S. these programs. The 2016 fee schedules Web site. The revised 2016 fees are for government data consists of the DHS for each program are available on the the monthly, quarterly or annual data I–94 data, which non-U.S. citizens from NTTO Web site. The fees collected for from the APIS/I–92 Program, the I–94 overseas and Mexico must complete to these reports go to pay ITA costs to International Arrivals Program, and the enter the United States. All visitation develop the reports as well as to support annual custom reports, data tables or data is processed by residency (world research for the continuation and files from the Survey of International region and country), for total arrivals, expansion of improvements to the data Air Travelers Program. type of visa, mode of transportation, age provided by the NTTO. The revised fee The APIS/I–92 program is a joint of traveler, address (state level only) schedule is effective immediately upon effort between the Department of while in the United States port of entry, publication of this Notice. Homeland Security Customs and Border and select percentage change DATES: This fee schedule is effective Protection (CBP) and the NTTO to comparisons year-over-year. The June 20, 2016. provide international air traffic statistics information is presented in a report data to the government and the travel entitled the Summary of International 1 https://www.whitehouse.gov/omb/circulars_ industry. The system is a source of data Travel to the United States with 35 a025. on all international flights to and from tables including the categories above.

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NTTO publishes arrivals data to its Web international gateway airports. The structure for the SIAT reports, the tables site on a monthly basis, and reports and Survey is administered either aboard will show there is no fee increase for the custom reports or tables are available on flights or in the airport gate area, of the vast majority of the standard published a monthly, quarterly or annual basis. over 90 participating airlines (foreign reports and their corresponding Excel More information about this program is and U.S.) departing 26 U.S. tables as there has not been for the last available at http://travel.trade.gov/ international gateways. The Survey data five years. The only reports or data for research/programs/i94/index.asp. The is ‘‘weighted’’ to census data. For which the NTTO is revising the fees are current 2016 and historical fees (1992– example, non-resident inbound survey shown below; the past fees are 2015) for this program can be found at: responses are weighted to the ‘‘100%’’ accessible through the above links. http://travel.trade.gov/research/reports/ population of DHS I–94 arrival records i94/index.html. Fees for I–94 products to adjust for over and under sampling. Fee Schedule increases for the APIS/ include a 5 percent fee increase between Resident outbound data is weighted I–92 program, the I–94 International 2015 and 2016. based on DHS I–92 U.S. departure data. Arrivals Program and the Survey of The Survey of International Air Data are available on a quarterly and International Air Travelers (SIAT) Travelers Program is a primary research annual basis for either non-resident Program are shown in the tables below. program which gathers statistical data inbound or resident outbound. It can be All fees shown are 5 percent greater in about air passenger travelers in U.S.— delivered in a standard national report 2016 than in 2015. For the I–94 overseas and Mexican air markets format or as a custom report, data table, program, the NTTO is eliminating the (Canada is excluded). The program also or excel. Data files are also available. To print files and will only provide a PDF serves as the cornerstone for NTTO’s learn more about this program, go to: and Excel file to save costs and provide efforts to assist U.S. businesses to http://travel.trade.gov/research/ an Excel version of the reports. For the improve their competitiveness and programs/ifs/index.asp. The current SIAT, a majority of the reports offered effectiveness in the international travel 2016 and historical fees (1983–2015) for will see no fee increase between 2015 market. The Survey is conducted on this program can be found at: http:// and 2016. The custom reports, data selected flights which have departed, or travel.trade.gov/research/reports/ifs/ tables and files see a 5 percent fee are about to depart, from the major U.S. index.asp. When viewing the current fee increase in 2016.

2016 Fee

APIS/I–92 Program: Monthly Reports printed ...... $1,995 Monthly Reports (PDF and Excel) ...... 2,985 Quarterly Reports printed ...... 1,800 Quarterly Reports (PDF and Excel) ...... 2,690 Annual Report printed ...... 1,400 Annual Report (PDF and Excel) ...... 2,090 Data Files, for internal use only ...... 23,745 I–94 International Arrivals Program: Monthly Subscription (PDF and Excel) ...... 2,130 Quarterly Subscription (PDF and Excel) ...... 1,870 Annual Issue (PDF and Excel) ...... 1,290 Annual, data file (CD–ROM) ...... 14,580 Quarterly, data file (CD–ROM) ...... 16,365 Combined 2015 and 2016 International I–94 Arrivals Data: Monthly Subscription (PDF and Excel) ...... 3,240 Quarterly Subscription (PDF and Excel) ...... 2,755 Annual Issue (PDF and Excel) ...... 1,740 Survey of International Air Travelers Program: CUSTOM TABLE—1st table, in Excel ...... 2,365 CUSTOM TABLE—all other tables in Excel ...... 1,430 Custom Reports with Excel and pdf (First banner) ...... 8,875 Custom Reports with Excel and pdf (Second banner) ...... 7,985 Custom Reports with Excel and pdf (Third + banners) ...... 7,145

Method for Determining Fees NTTO research is implemented using constraints experienced by current or fixed price contracts. Within the potential subscribers (such as limits to ITA collects, retains, and expends contracts are built-in cost adjustments. purchase by credit card, or sole source/ user fees pursuant to delegated The NTTO considers program cost open bid requirements) and factored in authority under the Mutual Educational changes due to the needed level of the annual percentage change in the and Cultural Exchange Act as timeliness and other quality of service Consumer Price Index (used to authorized in its annual appropriations considerations as well as needed or determine rate of inflation). acts. For each program, NTTO has a set actual improvements such as new report In the analysis of these fees, it was of subscribers who have been using this formats, more travelers surveyed, or determined that the services provided data, some for decades. Most rely upon other enhancements to the research data offer special benefits to an identifiable this data as the only federal source to provided. The NTTO also generally recipient beyond those that accrue to define the international travel market to considers the current demand for each the general public. The NTTO this country and to their destination or program by comparing changes from calculated the actual cost of providing for their sector. one year to the next before setting fees. its data services in order to provide a Fees are set taking into account the In adjusting its current fees, NTTO basis for setting each fee. Actual cost cost of providing this data. Most of the also considered the purchasing incorporates direct and indirect costs

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(including operations and maintenance), Bird Trading Co., Ltd. (Golden Bird) and In accordance with 19 CFR 351.309, overhead, and charges for the use of Qingdao Tiantaixing Foods Co., Ltd. we invited parties to comment on our capital facilities. NTTO also took into (QTF), withheld requested information, Preliminary Results. QTF, Petitioners account additional factors when pricing significantly impeded this and Xinboda all submitted timely-filed goods and services, including adequacy administrative review, and did not case briefs, pursuant to our regulations.6 of cost recovery, affordability, available cooperate to the best of their abilities. Additionally, Petitioners and Xinboda efficiencies, inflation, pricing history, Accordingly, pursuant to sections 776(a) submitted timely-filed rebuttal briefs.7 fee elasticity considerations (including and (b) of the Tariff Act of 1930, as Finally, on March 3, 2016, the client ability to pay for NTTO data), and amended (the Act), we continue to use Department held a public hearing where service delivery alternatives. adverse facts available (AFA) and find counsel for QTF, Xinboda and Petitioners presented arguments in their Conclusion that neither Golden Bird nor QTF is eligible for separate rate status and thus, case and rebuttal briefs. Based on the information provided both companies are part of the PRC- Scope of the Order above, the NTTO believes its revised wide entity. The final dumping margins fees are consistent with the objective of are listed below in the ‘‘Final Results of The merchandise covered by the order OMB Circular A–25 to ‘‘promote Administrative Review’’ section of this includes all grades of garlic, whole or efficient allocation of the nation’s notice. The period of review (POR) is separated into constituent cloves. Fresh resources by establishing charges for November 1, 2013, through October 31, garlic that are subject to the order are special benefits provided to the 2014. currently classified under the recipient that are at least as great as the Harmonized Tariff Schedule of the cost to the U.S. Government of DATES: Effective Date: June 20, 2016. United States (HTSUS) 0703.20.0000, providing the special benefits . . .’’ FOR FURTHER INFORMATION CONTACT: 0703.20.0005, 0703.20.0010, OMB Circular A–25(5)(b). Jacqueline Arrowsmith, AD/CVD 0703.20.0015, 0703.20.0020, Operations, or Thomas Gilgunn, Office Dated: June 15, 2016. 0703.20.0090, 0710.80.7060, VII, Enforcement and Compliance, Julie P. Heizer, 0710.80.9750, 0711.90.6000, International Trade Administration, 0711.90.6500, 2005.90.9500, Deputy Director, National Travel & Tourism U.S. Department of Commerce, 14th Office, U.S. Department of Commerce. 2005.90.9700, 2005.99.9700. Although Street and Constitution Avenue NW., the HTSUS numbers are provided for [FR Doc. 2016–14527 Filed 6–17–16; 8:45 am] Washington, DC 20230; telephone 202– convenience and customs purposes, the BILLING CODE 3510–DR–P 482–5255 or 202–482–4236, written product description remains respectively. dispositive. For a full description of the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: scope of this order, please see ‘‘Scope of the Order’’ in the accompanying Issues International Trade Administration Background and Decision Memorandum.8 [A–570–831] The Department published the Partial Rescission of Administrative Preliminary Results on December 7, Review 2015.2 As explained in the Fresh Garlic From the People’s In the Preliminary Results, we stated memorandum from the Acting Assistant Republic of China: Final Results and our intention to preliminarily rescind Secretary for Enforcement and Final Rescission of the 20th this administrative review with respect Compliance, the Department has Antidumping Duty Administrative to Jinxiang Kaihua Imp & Exp Co. Ltd. exercised its discretion to toll all Review; 2013–2014 (Kaihua), because we found its POR administrative deadlines due to the AGENCY: Enforcement and Compliance, sales to not be bona fide in the recent closure of the Federal concurrent new shipper review.9 We International Trade Administration, Government. All deadlines in this Department of Commerce. received no comments on our intent to segment of the proceeding have been rescind the review of Kaihua for the SUMMARY: The Department of Commerce extended by four business days. The (the Department) published the revised deadline for the final results of 6 See Case Brief filed by Qingdao Tiantaixing Preliminary Results of the 20th 3 this review was April 11, 2016. On Foods Co., Ltd. (QTF Case Brief) (January 11, 2016); administrative review of the April 4, 2016, the Department extended Petitioners’ Case Brief (January 15, 2016); Letter antidumping duty order on fresh garlic the deadline in this proceeding by 30 from Shenzhen Xinboda Industrial Co., Ltd. from the People’s Republic of China days to May 11, 2016.4 On May 4, 2016, (‘‘Xinboda’’) ‘‘Fresh Garlic from the People’s (PRC) on December 7, 2015.1 We gave Republic of China—Case Brief,’’ (January 19, 2016) the Department extended the deadline (Xinboda’s Case Brief). interested parties an opportunity to in this proceeding by another 30 days to 7 See Letter from Shenzhen Xinboda Industrial comment on the Preliminary Results. June 10, 2016.5 Co., Ltd. (‘‘Xinboda’’) ‘‘Fresh Garlic from the Based upon our analysis of the People’s Republic of China—Xinboda Rebuttal comments and information received, we Brief,’’ (February 2, 2016) (Xinboda’s Rebuttal 2 See Preliminary Results. Brief); see also Petitioners’ Rebuttal Brief (February made changes to the margin calculation 3 See Memorandum to the Record from Ron 2, 2016). for these final results regarding one of Lorentzen, Acting A/S for Enforcement & 8 See Memorandum to Paul Piquado, Assistant the mandatory respondents, Shenzhen Compliance, regarding ‘‘Tolling of Administrative Secretary for Enforcement and Compliance, from Xinboda Industrial Co., Ltd. (Xinboda). Deadlines As a Result of the Government Closure Christian Marsh, Deputy Assistant Secretary for We also continue to find that the other During Snowstorm Jonas,’’ (January 27, 2016). Antidumping and Countervailing Duty Operations, 4 See Memorandum to Christian Marsh, ‘‘Fresh ‘‘Issues and Decision Memorandum for the Final mandatory respondents, Hebei Golden Garlic from the People’s Republic of China: Results of Antidumping Duty Administrative Extension of Deadline for Final Results of the Review: Fresh Garlic from the People’s Republic of 1 See Fresh Garlic From the People’s Republic of Antidumping Duty Administrative Review,’’ (April China; 2013–2014,’’ dated concurrently with this China: Preliminary Results, Preliminary Intent To 4, 2016). notice (I&D Memo). Rescind, and Partial Rescission of the 20th 5 See Memorandum to Christian Marsh, ‘‘Fresh 9 See Fresh Garlic From the People’s Republic of Antidumping Duty Administrative Review; 2013– Garlic from the People’s Republic of China: China: Final Rescission of the Semiannual 2014, 80 FR 75972 (December 7, 2015) (Preliminary Extension of Deadline for Final Results of the Antidumping Duty New Shipper Review of Jinxiang Results) and accompanying Issues and Decision Antidumping Duty Administrative Review,’’ (May Kaihua Imp & Exp Co., Ltd., 80 FR 60881 (October Memorandum (PDM). 4, 2016). 8, 2015).

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Final Results. Therefore, we are Final Determination of No Shipments Yongjia Trade Co., Ltd., Shenzhen rescinding this administrative review In the Preliminary Results, the Yuting Foodstuff Co., Ltd., Jining with respect to Kaihua. Department preliminarily determined Shengtai Vegetables & Fruits Co., Ltd., Shenzhen Bainong Co., Ltd., Weifang Analysis of Comments Received that the companies listed in Appendix III timely filed ‘‘no shipment’’ Hongqiao International Logistics Co., We addressed all issues raised in the certifications and did not have any Ltd., and Yantai Jinyan Trading Inc. reviewable transactions during the POR. demonstrated their eligibility for a case and rebuttal briefs by parties in this 12 review in the I&D Memo. Appendix I Consistent with the Department’s separate rate. No party has placed any provides a list of the issues which assessment practice in non-market evidence on the record of this review to contradict that finding. Therefore, we parties raised. The I&D Memo is a economy (NME) cases, we completed continue to find that these companies public document and is on file in the the review with respect to the are eligible for a separate rate. Central Records Unit (CRU), Room companies listed in Appendix III. Based on the certifications submitted by the The separate rate for non-selected B8024 of the main Department of companies is normally the amount Commerce building, as well as aforementioned companies, and the fact that CBP provided no evidence to equal to the weighted average of the electronically via Enforcement and calculated weighted-average dumping Compliance’s Antidumping and contradict the claims by the aforementioned companies of no margins established for mandatory Countervailing Duty Centralized respondents, excluding any zero and de Electronic Service System (ACCESS). shipments, we continue to determine that these companies did not have any minimis margins, and any margins ACCESS is available to registered users determined entirely on adverse facts at http://access.trade.gov and in the reviewable transactions during the POR. As noted in the ‘‘Assessment Rates’’ available.13 Here, the only individually- CRU. In addition, a complete version of examined respondent for which the the I&D Memo can be accessed directly section below, the Department intends to issue appropriate instructions to CBP Department has determined a weighted- on the Internet at http:// for the companies listed below based on average margin is Xinboda. As that enforcement.trade.gov/frn/index.html. the final results of this review. margin is not zero, de minimis, or based The signed I&D Memo and the entirely on facts available, the electronic versions of the I&D Memo are PRC-Wide Entity Department determines that Xinboda’s identical in content. As discussed in the Preliminary rate will be assigned to the non-selected Changes Since the Preliminary Results Results, the Department preliminarily separate rate recipients. determined 38 companies to be part of Final Results of Administrative Review Based on a review of the record and the PRC-wide entity.11 In addition to the comments received from interested two mandatory respondents which The weighted-average dumping parties regarding our Preliminary failed to cooperate to the best of their margins for the administrative review Results, and for the reasons explained in ability to comply with the Department’s are as follows: the I&D Memo, we revised the margin requests for information, there were 36 companies for which a review was Weighted- calculation for Xinboda. Accordingly, average for the Final Results, the Department requested, and not withdrawn, which Exporter margin has also updated the margin to be did not file a separate rate application (dollars per assigned to companies eligible for a or certification, and did not file a no kilogram) shipments certification. Accordingly, separate rate but not selected for Shenzhen Xinboda Industrial individual examination; this margin is the Department determined that these companies are part of the PRC-wide Co., Ltd ...... 2.75 the same as Xinboda’s margin. The Jinan Farmlady Trading Co., Ltd 2.75 Calculation Memo for Xinboda’s Final entity. Jining Maycarrier Import & Ex- Results and the Surrogate Values Memo As discussed in detail in the I&D port Co., Ltd ...... 2.75 contain further explanation of our Memo, the Department continues to find Jining Shunchang Import & Ex- changes to Xinboda’s factors of Golden Bird and QTF to be part of the port Co., Ltd ...... 2.75 production.10 For a list of all issues PRC-wide entity. QTF commented on Jinxiang Feiteng Import & Export our preliminary decision that it is part Co., Ltd ...... 2.75 addressed in these Final Results, please of the PRC-wide entity, and we have Jinxiang Guihua Food Co., Ltd .. 2.75 refer to Appendix I accompanying this addressed QTF’s comments in the I&D Jinxiang Hejia Co., Ltd ...... 2.75 notice. Memo. Jining Yongjia Trade Co., Ltd ..... 2.75 Thus, for these final results, the Shenzhen Yuting Foodstuff Co., 10 Ltd ...... 2.75 See Memorandum to the File, through Thomas Department continues to find all 38 Gilgunn Program Manager, Office VII, Enforcement Jining Shengtai Vegetables & and Compliance, from Jacqueline Arrowsmith, companies to be part of the PRC-wide Fruits Co., Ltd ...... 2.75 International Trade Analyst, Office VII, entity. A full list of companies Shenzhen Bainong Co., Ltd ...... 2.75 Enforcement and Compliance, regarding 20th determined to be part of the PRC-wide Weifang Hongqiao International Antidumping Administrative Review of Fresh entity can be found in Appendix II. Logistics Co., Ltd ...... 2.75 Garlic from the People’s Republic of China: Yantai Jinyan Trading Inc ...... 2.75 Calculation Memorandum for the Final Results of Separate Rates Shenzhen Xinboda Industrial Co., Ltd., dated concurrently with and hereby adopted by this In the Preliminary Results, the 12 See Preliminary Results. notice (‘‘Calculation Memo for Xinboda’s Final Department found that non-selected 13 Neither the Act nor the Department’s Results’’) and Memorandum to the File, through companies Jinan Farmlady Trading Co., regulations address the establishment of the rate Thomas Gilgunn Program Manager, Office VII, applied to individual companies not selected for Enforcement and Compliance, from Jacqueline Ltd., Jining Maycarrier Import & Export examination where the Department limited its Arrowsmith, International Trade Analyst, Office Co, Ltd., Jining Shunchang Import & examination in an administrative review pursuant VII, Enforcement and Compliance, regarding 20th Export Co., Ltd., Jinxiang Feiteng Import to section 777A(c)(2) of the Act. The Department’s Antidumping Administrative Review of Fresh & Export Co., Ltd., Jinxiang Guiha Food practice in cases involving limited selection based Garlic from the People’s Republic of China: on exporters accounting for the largest volumes of Surrogate Values for the Final Results, dated Co., Ltd., Jinxiang Hejia Co., Ltd., Jining exports has been to look to section 735(c)(5) of the concurrently with and hereby adopted by this Act for guidance, which provides instructions for notice (‘‘Surrogate Values Memo’’). 11 Id., at 72626. calculating the all-others rate in an investigation.

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Weighted- PRC-wide entity rate. Additionally, if Administrative Protective Orders average the Department determines that an This notice also serves as a reminder Exporter margin exporter had no shipments of the (dollars per to parties subject to administrative kilogram) subject merchandise, any suspended protective order (APO) of their entries that entered under that responsibility concerning the return or PRC-Wide Rate ...... 4.71 exporter’s case number (i.e., at that destruction of proprietary information exporter’s rate) will be liquidated at the disclosed under APO in accordance 18 In addition, the Department continues PRC-wide entity rate. with 19 CFR 351.305(a)(3), which to find that the companies identified in Cash Deposit Requirements continues to govern business Appendix II are part of the PRC-wide proprietary information in this segment entity. The following cash deposit of the proceeding. Timely written requirements will be effective upon Assessment Rates notification of the return or destruction publication of the final results of this of APO materials, or conversion to Pursuant to section 751(a)(2)(A) of the administrative review for all shipments judicial protective order, is hereby Act, and 19 CFR 351.212(b), the of the subject merchandise entered, or Department has determined, and U.S. requested. Failure to comply with the withdrawn from warehouse, for regulations and terms of an APO is a Customs and Border Protection (CBP) consumption on or after the publication shall assess antidumping duties on all violation which is subject to sanction. date, as provided for by section We are issuing and publishing these appropriate entries of subject 751(a)(2)(C) of the Act: (1) For the final results of administrative review in merchandise in accordance with the exporter listed above, the cash deposit accordance with sections 751(a)(1) and final results of this review. The rate will be the rate established in the 777(i) of the Act. Department intends to issue appropriate final results of review (except, if the rate assessment instructions directly to CBP is zero or de minimis, i.e., less than 0.5 Dated: June 10, 2016. 15 days after publication of the final percent, a zero cash deposit rate will be Paul Piquado, results of this administrative review. required for that company); (2) for Assistant Secretary for Enforcement and Where the respondent reported previously investigated or reviewed PRC Compliance. reliable entered values, we calculated and non-PRC exporters not listed above Appendix I—Issues and Decision importer- (or customer-) specific ad that have separate rates, the cash Memorandum valorem rates by aggregating the deposit rate will continue to be the dumping margins calculated for all U.S. exporter-specific rate published for the I. Summary II. Background sales to each importer (or customer) and most recent period; (3) for all PRC dividing this amount by the total III. Scope of the Order exporters of subject merchandise which IV. Discussion of the Issues entered value of the sales to each have not been found to be entitled to a 14 Comment 1: Whether the Department’s importer (or customer). Where the separate rate, the cash deposit rate will Selection of Romania as the Surrogate Department calculated a weighted- be the PRC-wide rate of $4.71 per Country Was Appropriate average dumping margin by dividing the kilogram; and (4) for all non-PRC Comment 2: The Department’s Rejection of total amount of dumping for reviewed exporters of subject merchandise which Mexico as a Surrogate Country Violated sales to that party by the total sales have not received their own rate, the the Department’s New Factual quantity associated with those Information Regulations and Was Not in cash deposit rate will be the rate Accordance With Law transactions, the Department will direct applicable to the PRC exporters that CBP to assess importer-specific Comment 3: Whether QTF Cooperated to supplied that non-PRC exporter. The the Best of Its Ability in This Review assessment rates based on the resulting deposit requirements shall remain in Comment 4: Accounting for Storage and 15 per-unit rates. Where an importer- (or effect until further notice. Transportation Factors for Input Garlic customer-) specific ad valorem or per- Bulbs Consumed by Excelink unit rate is greater than de minimis, the Disclosure Comment 5: The Department Should Department will instruct CBP to collect We intend to disclose the calculations Adjust the Weight Denominator for the appropriate duties at the time of performed within five days of the date Brokerage and Handling and Trucking and Remove Letter of Credit Expense liquidation.16 Where an importer- (or of publication of this notice to parties in customer-) specific ad valorem or per- Comment 6: Modifying Preliminary this proceeding in accordance with 19 Analysis To Account for Water unit rate is zero or de minimis, the CFR 351.224(b). Consumed in Producing Fresh Peeled- Department will instruct CBP to Notification to Importers Clove Garlic liquidate appropriate entries without V. Conclusion regard to antidumping duties.17 We This notice also serves as a final Appendix II—List of Companies Under intend to instruct CBP to liquidate reminder to importers of their Review Subject to the PRC-Wide Rate entries containing subject merchandise responsibility under 19 CFR 351.402(f) exported by the PRC-wide entity at the to file a certificate regarding the 1. Anqiu Friend Food Co., Ltd. PRC-wide rate. reimbursement of antidumping duties 2. Dalian New Century Food Co., Ltd. Pursuant to the Department’s prior to liquidation of the relevant 3. Foshan Fuyi Food Co, Ltd. assessment practice, for entries that entries during this POR. Failure to 4. Goodwave Technology Development Ltd. 5. Guangxi Lin Si Fu Bang Trade Co., Ltd. were not reported in the U.S. sales comply with this requirement could databases submitted by companies 6. Hebei Golden Bird Trading Co., Ltd. result in the Department’s presumption 7. Hejiahuan (Zhongshan) Electrical AP individually examined during this that reimbursement of antidumping 8. Henan Weite Industrial Co., Ltd. review, the Department will instruct duties occurred and the subsequent 9. Heze Ever-Best International Trade Co., CBP to liquidate such entries at the assessment of doubled antidumping Ltd. (f/k/a Shandong Heze International duties. Trade and Developing Company) 14 See 19 CFR 351.212(b)(1). 10. Jining Trans-High Trading Co., Ltd. 15 Id. 18 See Non-Market Economy Antidumping 11. Jinxiang Dongyun Freezing Storage Co., 16 Id. Proceedings: Assessment of Antidumping Duties, 76 Ltd. (a/k/a Jinxiang Eastward Shipping 17 See 19 CFR 351.106(c)(2). FR 65694 (October 24, 2011). Import and Export Limited Company)

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12. Jinxiang Dongyun Import & Export Co., DEPARTMENT OF COMMERCE 1930, as amended (Act), Petitioners 4 Ltd. requested alignment of the final CVD 13. Jinxiang Grand Agricultural Co., Ltd. International Trade Administration determination of off road tires from Sri 14. Jinxiang Infarm Fruits & Vegetables Co., Lanka with the final AD determination [C–542–801] Ltd. of off road tires from India. Therefore, 15. Jinxiang Meihua Garlic Produce Co., Ltd. Certain New Pneumatic Off-the-Road in accordance with section 705(a)(1) of 16. Jinxiang Shanyang Freezing Storage Co., Tires From Sri Lanka: Preliminary the Act and 19 CFR 351.210(b)(4), we Ltd. Affirmative Countervailing Duty are aligning the final CVD determination 17. Jinxiang Tianma Freezing Storage Co., Determination, Preliminary Affirmative with the India final AD determination. Ltd. Critical Circumstances Determination, Consequently, the final CVD 18. Jinxiang Xian Baishite Trade Co., Ltd. determination will be issued on the (a/k/a Jinxiang Best Trade Co., Ltd.) and Alignment of Final Determination With Final Antidumping Determination same date as the India final AD 19. Juye Homestead Fruits and Vegetables determination, which is currently Co., Ltd. AGENCY: Enforcement and Compliance, scheduled to be issued no later than 20. Laiwu Jiahe Fruit and Vegatable Co., Ltd. International Trade Administration, October 25, 2016, unless postponed. 21. Qingdao Everfresh Trading Co., Ltd. Department of Commerce. 22. Qingdao Tiantaixing Foods Co., Ltd. Scope of the Investigation SUMMARY: The Department of Commerce 23. Shandong Longtai Fruits and Vegetables (the Department) preliminarily The scope of the investigation covers Co., Ltd. determines that countervailable off road tires, which are tires with an off 24. Shanghai Ever Rich Trade Company road tire size designation. For a 25. Shanghai LJ International Trading Co., subsidies are being provided to producers and exporters of certain new complete description of the scope of the Ltd. investigation, see Appendix I. 26. Shenzhen Xunong Trade Co., Ltd. pneumatic off-the-road tires (off road 27. Sunny Import & Export Limited tires) from Sri Lanka and that critical Scope Comments circumstances exist. The period of 28. Tangerine International Trading Co. Certain interested parties commented 29. Weifang Chenglong Import & Export Co., investigation is January 1, 2015, through December 31, 2015. Interested parties on the scope of the investigation as it Ltd. appeared in the Initiation Notice. For 30. Weifang He Lu Food Import & Export Co., are invited to comment on this preliminary determination. discussion of those comments, see the Ltd. Preliminary Decision Memorandum.5 31. Weifang Naike Foodstuffs Co., Ltd. DATES: Effective Date: June 20, 2016. 32. Weifang Shennong Foodstuff Co., Ltd. FOR FURTHER INFORMATION CONTACT: Methodology 33. XuZhou Heiners Agricultural Co., Ltd. Elizabeth Eastwood, AD/CVD The Department is conducting this 34. Zhengzhou Dadi Garlic Industry Co., Ltd. Operations, Enforcement and CVD investigation in accordance with 35. Zhengzhou Huachao Industrial Co., Ltd. Compliance, International Trade section 701 of the Act. For each of the 36. Zhengzhou Xuri Import & Export Co., Ltd. Administration, U.S. Department of subsidy programs found 37. Zhengzhou Yuanli Trading Co., Ltd. Commerce, 14th Street and Constitution countervailable, we preliminarily 38. Zhong Lian Farming Product (Qingdao) Avenue NW., Washington, DC 20230; determine that there is a subsidy (i.e., a Co., Ltd. telephone: (202) 482–3874. financial contribution by an ‘‘authority’’ Appendix III—Companies That Have Alignment of Final Countervailing Duty that gives rise to a benefit to the Certified No Shipments (CVD) Determination With Final recipient) and that the subsidy is 6 Antidumping Duty (AD) Determination specific. For a full description of the 1. Jining Yifa Garlic Produce Co., Ltd. methodology underlying our 2. Jinxiang Richfar Fruits & Vegetables Co., On February 3, 2016, the Department preliminary conclusions, see the Ltd. initiated this CVD investigation of off Preliminary Decision Memorandum. 3. Jinxiang Yuanxin Import & Export Co., Ltd. 1 road tires from Sri Lanka. On the same The Preliminary Decision 4. Landling Qingshui Vegetable Foods Co., day, the Department also initiated Memorandum is a public document and Ltd. antidumping duty (AD) and CVD is on file electronically via Enforcement 5. Qingdao Lianghe International Trade Co., investigations of off road tires from and Compliance’s Antidumping and Ltd. India.23 This CVD investigation and the 6. Qingdao Sea-line International Trading Co. Countervailing Duty Centralized India AD investigation cover the same Electronic Service System (ACCESS). 7. Qingdao Xiangtiangfeng Foods Co., Ltd. class or kind of merchandise. 8. Shandong Chenhe International Tradeing ACCESS is available to registered users On May 11, 2016, in accordance with at http://access.trade.gov, and is Co., Ltd. section 705(a)(1) of the Tariff Act of 9. Shandong Jinxiang Zhengyang Import & 4 Export Co., Ltd. Petitioners in this investigation are Titan Tire 1 See Certain New Pneumatic Off-the-Road Tires Corporation and the United Steel, Paper and 10. Shijazhuang Goodman Trading Co., Ltd. From India, the People’s Republic of China, and Sri Forestry, Rubber, Manufacturing, Energy, Allied [FR Doc. 2016–14423 Filed 6–17–16; 8:45 am] Lanka: Initiation of Countervailing Duty Industrial and Service Workers International Union, Investigations, 81 FR 7067 (February 10, 2016) AFL–CIO, CLC. BILLING CODE 3510–DS–P (Initiation Notice). 5 See Memorandum from Christian Marsh, Deputy 2 See Certain New Pneumatic Off-the-Road Tires Assistant Secretary for Antidumping and From India and the People’s Republic of China: Countervailing Duty Operations, to Paul Piquado, Initiation of Less Than-Fair-Value Investigations, 81 Assistant Secretary for Enforcement and FR 7073 (February 10, 2016). Compliance, regarding ‘‘Decision Memorandum for 3 At this time, the Department also initiated AD the Affirmative Preliminary Determination in the and CVD investigations of off road tires from the Countervailing Duty Investigation of Certain New People’s Republic of China (PRC). However, on Pneumatic Off-The-Road Tires from Sri Lanka,’’ March 1, 2016, the U.S. International Trade dated concurrently with this notice (Preliminary Commission (ITC) found that imports of off road Decision Memorandum). tires from the PRC were negligible and terminated 6 See sections 771(5)(B) and (D) of the Act the PRC AD and CVD investigations. See Certain regarding financial contribution; section 771(5)(E) New Pneumatic Off-the-Road-Tires From China, of the Act regarding benefit; and section 771(5A) of India, and Sri Lanka, 81 FR 10663 (March 1, 2016). the Act regarding specificity.

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available to all parties in the Central Subsidy In accordance with section 705(b)(2) Records Unit, Room B8024 of the main Company rate of the Act, if our final determination is Department of Commerce building. In (percent) affirmative, the ITC will make its final addition, a complete version of the Camso Loadstar (Private), Ltd.8 2.90 determination within 45 days after the Preliminary Decision Memorandum can All Others ...... 2.90 Department makes its final be accessed directly at http:// determination. enforcement.trade.gov/frn/. The signed As noted above, we preliminarily Disclosure and Public Comment Preliminary Decision Memorandum and determine that critical circumstances the electronic version of the Preliminary exist for Camso Loadstar and the The Department intends to disclose to Decision Memorandum are identical in companies covered by the ‘‘all others’’ interested parties the calculations content. rate. Therefore, in accordance with performed in connection with this sections 703(d)(1)(B) and 703(e)(2) of preliminary determination within five Preliminary Affirmative Determination the Act, we are directing U.S. Customs days of its public announcement.9 Case of Critical Circumstances and Border Protection to suspend briefs may be submitted to ACCESS no On May 24, 2016, Petitioners filed a liquidation of all entries of off road tires later than seven days after the date on timely critical circumstances allegation, from Sri Lanka that are entered, or which the final verification report is pursuant to section 703(e)(1) of the Act withdrawn from warehouse, for issued in this proceeding. Rebuttal and 19 CFR 351.206(c)(1), alleging that consumption on or after the date which briefs, limited to issues raised in case is 90 days before the publication of this critical circumstances exist with respect briefs, may be submitted no later than notice in the Federal Register, and to to imports of off road tires from Sri five days after the deadline date for case require a cash deposit for such entries 10 Lanka.7 We preliminarily determine that briefs. of merchandise in the amounts critical circumstances exist for Camso indicated above. Parties who submit case briefs or Loadstar (Private) Ltd. (Camso Loadstar) rebuttal briefs in this proceeding are and the companies covered by the ‘‘all Verification encouraged to submit with each others’’ rate. For discussion of our As provided in section 782(i)(1) of the argument: (1) A statement of the issue; determination, see the Preliminary Act, we intend to verify the information (2) a brief summary of the argument; 11 Decision Memorandum. submitted by Camso Loadstar and the and (3) a table of authorities. This Government of Sri Lanka (GOSL) prior summary should be limited to five pages Preliminary Determination and total, including footnotes. Suspension of Liquidation to making our final determination. U.S. International Trade Commission Interested parties who wish to request In accordance with section a hearing, or to participate if one is 703(d)(1)(A)(i) of the Act, we calculated In accordance with section 703(f) of requested, must do so in writing within a CVD rate for the individually- the Act, we will notify the ITC of our 30 days after the publication of this investigated producer/exporter of the determination. In addition, we are preliminary determination in the subject merchandise. In accordance making available to the ITC all non- Federal Register.12 Requests should with sections 703(d) and 705(c)(5)(A) of privileged and non-proprietary contain the party’s name, address, and the Act, for companies not investigated, information relating to this telephone number; the number of we apply an ‘‘all others’’ rate, which is investigation. We will allow the ITC participants; and a list of the issues to access to all privileged and business normally calculated by weighting the be discussed. If a request for a hearing proprietary information in our files, subsidy rates of the individually- is made, the Department intends to hold provided the ITC confirms that it will examined respondents by those the hearing at the U.S. Department of not disclose such information, either companies’ exports of the subject Commerce, 14th Street and Constitution publicly or under an administrative Avenue NW., Washington, DC 20230, at merchandise to the United States. Under protective order, without the written section 705(c)(5)(A)(i) of the Act, the a date, time, and location to be consent of the Assistant Secretary for determined. Parties will be notified of ‘‘all others’’ rate should exclude zero Enforcement and Compliance. and de minimis rates or any rates based the date, time, and location of any hearing. solely on the facts available calculated 8 The Department selected as its mandatory for the producers/exporters individually respondents in this investigation Camso Loadstar Parties must file their case and investigated. Because we individually and Loadstar Private Limited (Loadstar). See the rebuttal briefs, and any requests for a investigated only one producer/ Memorandum to Christian Marsh, Deputy Assistant hearing, electronically using ACCESS.13 Secretary for Antidumping and Countervailing Duty exporter, we applied the rate calculated Operations, from Whitley Herndon, International Electronically-filed documents must be for that producer/exporter as the ‘‘all Trade Compliance Analyst, entitled ‘‘Respondent received successfully in their entirety by others’’ rate. Selection for the Countervailing Duty Investigation 5:00 p.m. Eastern Time on the due dates of Certain New Pneumatic Off-The-Road Tires from established above.14 We preliminarily determine that Sri Lanka,’’ dated February 25, 2016. However, on countervailable subsidies are being April 1, 2016, Camso Loadstar notified the This determination is issued and provided with respect to the Department that Camso Loadstar and Loadstar are published pursuant to sections 703(f) not separate companies; rather, Loadstar is the manufacture, production, or exportation previous name for Camso Loadstar. Specifically, and 777(i) of the Act and 19 CFR of the subject merchandise. We Camso Loadstar stated that, on June 24, 2015, 351.205(c). preliminarily determine the Loadstar changed its name to Camso Loadstar. See countervailable subsidy rates to be: Letter from Camso Loadstar, entitled ‘‘Certain Off- 9 See 19 CFR 351.224(b). the-Road Tires from Sri Lanka,’’ dated April 1, 10 See 19 CFR 351.309. 2016. As a result, we are assigning a cash deposit 11 7 See Letter from Petitioners, regarding Certain rate to Camso Loadstar because this is the name of See 19 CFR 351.309(c)(2) and (d)(2). New Pneumatic Off-The-Road Tires from Sri the currently existing company. For further 12 See 19 CFR 351.310(c). Lanka—Petitioners’ Critical Circumstances discussion, see the Preliminary Decision 13 See 19 CFR 351.303(b)(2)(i). Allegation, dated May 24, 2016. Memorandum. 14 See 19 CFR 351.303(b)(1).

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Dated: June 13, 2016. numerical size designations listed in the suffix is intended to differentiate among Paul Piquado, following sections of the Tire and Rim tires for light trucks, and other vehicles or Assistant Secretary for Enforcement and Association Year Book, as updated annually, other services, which use a similar Compliance. unless the tire falls within one of the specific designation. exclusions set forth below. The sections of Appendix I—Scope of the Investigation the Tire and Rim Association Year Book Example: 8R17.5 LT, 8R17.5 HC; listing numerical size designations of covered LT—Identifies light truck tires for service on The scope of this investigation is certain certain off road tires include: trucks, buses, trailers, and multipurpose new pneumatic off-the-road tires (certain off The table of mining and logging tires passenger vehicles used in nominal road tires). Certain off road tires are tires with included in the section on Truck-Bus tires; an off road tire size designation. The tires highway service; The entire section on Off-the-Road tires; included in the scope may be either tube- ST—Special tires for trailers in highway The entire section on Agricultural tires; type 15 or tubeless, radial, or non-radial, service; and and regardless of whether for original equipment M/C—Identifies tires and rims for The following tables in the section on manufacturers or the replacement market. motorcycles. Industrial/ATV/Special Trailer tires: Subject tires may have the following prefix • Industrial, Mining, Counterbalanced Lift The following types of tires are also or suffix designation, which appears on the Truck (Smooth Floors Only); excluded from the scope: Pneumatic tires sidewall of the tire: • Industrial and Mining (Other than that are not new, including recycled or Prefix designations: Smooth Floors); retreaded tires and used tires; non-pneumatic DH—Identifies a tire intended for agricultural • Construction Equipment; tires, including solid rubber tires; aircraft and logging service which must be • Off-the-Road and Counterbalanced Lift mounted on a DH drop center rim. tires; and turf, lawn and garden, and golf Truck (Smooth Floors Only); tires. Also excluded from the scope are VA—Identifies a tire intended for agricultural • Aerial Lift and Mobile Crane; and mining and construction tires that have a rim and logging service which must be • Utility Vehicle and Lawn and Garden diameter equal to or exceeding 39 inches. mounted on a VA multipiece rim. Tractor. Such tires may be distinguished from other IF—Identifies an agricultural tire to operate Certain off road tires, whether or not at 20 percent higher rated load than mounted on wheels or rims, are included in tires of similar size by the number of plies standard metric tires at the same inflation the scope. However, if a subject tire is that the construction and mining tires pressure. imported mounted on a wheel or rim, only contain (minimum of 16) and the weight of VF—Identifies an agricultural tire to operate the tire is covered by the scope. Subject such tires (minimum 1500 pounds). at 40 percent higher rated load than merchandise includes certain off road tires The subject merchandise is currently standard metric tires at the same inflation produced in the subject countries whether classifiable under Harmonized Tariff pressure. mounted on wheels or rims in a subject Schedule of the United States (HTSUS) Suffix designations: country or in a third country. Certain off road subheadings: 4011.20.1025, 4011.20.1035, ML—Mining and logging tires used in tires are covered whether or not they are 4011.20.5030, 4011.20.5050, 4011.61.0000, intermittent highway service. accompanied by other parts, e.g., a wheel, 4011.62.0000, 4011.63.0000, 4011.69.0050, DT—Tires primarily designed for sand and rim, axle parts, bolts, nuts, etc. Certain off 4011.92.0000, 4011.93.4000, 4011.93.8000, paver service. road tires that enter attached to a vehicle are 4011.94.4000, 4011.94.8000, 8431.49.9038, NHS—Not for Highway Service. not covered by the scope. TG—Tractor Grader, off-the-road tire for use Specifically excluded from the scope are 8431.49.9090, 8709.90.0020, and on rims having bead seats with nominal passenger vehicle and light truck tires, racing 8716.90.1020. Tires meeting the scope +0.188″ diameter (not for highway service). tires, mobile home tires, motorcycle tires, all- description may also enter under the K—Compactor tire for use on 5° drop center terrain vehicle tires, bicycle tires, on-road or following HTSUS subheadings: or semi-drop center rims having bead seats on-highway trailer tires, and truck and bus 4011.99.4550, 4011.99.8550, 8424.90.9080, with nominal minus 0.032 diameter. tires. Such tires generally have in common 8431.20.0000, 8431.39.0010, 8431.49.1090, IND—Drive wheel tractor tire used in that the symbol ‘‘DOT’’ must appear on the 8431.49.9030, 8432.90.0005, 8432.90.0015, industrial service. sidewall, certifying that the tire conforms to 8432.90.0030, 8432.90.0080, 8433.90.5010, SL—Service limited to agricultural usage. applicable motor vehicle safety standards. 8503.00.9560, 8708.70.0500, 8708.70.2500, FI—Implement tire for agricultural towed Such excluded tires may also have the 8708.70.4530, 8716.90.5035 and highway service. following prefixes and suffixes included as 8716.90.5055. While HTSUS subheadings are CFO—Cyclic Field Operation. part of the size designation on their SS—Differentiates tires for off-highway sidewalls: provided for convenience and customs vehicles such as mini and skid-steer Prefix letter designations: purposes, the written description of the subject merchandise is dispositive. loaders from other tires which use similar AT—Identifies a tire intended for service on size designations such as 7.00–15TR and All-Terrain Vehicles; Appendix II—List of Topics Discussed 7.00–15NHS, but may use different rim P—Identifies a tire intended primarily for bead seat configurations. in the Preliminary Decision service on passenger cars; Memorandum All tires marked with any of the prefixes LT—Identifies a tire intended primarily for or suffixes listed above in their sidewall service on light trucks; I. Summary markings are covered by the scope regardless T—Identifies a tire intended for one-position II. Background of their intended use. ‘‘temporary use’’ as a spare only; and III. Scope Comments In addition, all tires that lack any of the ST—Identifies a special tire for trailers in IV. Scope of the Investigation prefixes or suffixes listed above in their highway service. V. Critical Circumstances sidewall markings are included in the scope, Suffix letter designations: regardless of their intended use, as long as VI. Injury Test TR—Identifies a tire for service on trucks, the tire is of a size that is among the VII. Subsidies Valuation buses, and other vehicles with rims having VIII. Analysis of Programs specified rim diameter of nominal plus 15 While tube-type tires are subject to the scope IX. ITC Notification 0.156″ or plus 0.250″; of this proceeding, tubes and flaps are not subject X. Verification MH—Identifies tires for Mobile Homes; merchandise and therefore are not covered by the XI. Conclusion scope of this proceeding, regardless of the manner HC—Identifies a heavy duty tire designated [FR Doc. 2016–14538 Filed 6–17–16; 8:45 am] in which they are sold (e.g., sold with or separately for use on ‘‘HC’’ 15″ tapered rims used on from subject merchandise). trucks, buses, and other vehicles. This BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE 1930, as amended (Act), Petitioners 3 Records Unit, Room B8024 of the main requested alignment of the final CVD Department of Commerce building. In International Trade Administration determinations of off road tires from addition, a complete version of the India and Sri Lanka with the final AD Preliminary Decision Memorandum can [C–533–870] determination of off road tires from be accessed directly at http:// Certain New Pneumatic Off-the-Road India. Therefore, in accordance with enforcement.trade.gov/frn/. The signed Tires From India: Preliminary section 705(a)(1) of the Act and 19 CFR Preliminary Decision Memorandum and Affirmative Countervailing Duty 351.210(b)(4), we are aligning the final the electronic version of the Preliminary Determination, Preliminary Affirmative CVD determinations with the final India Decision Memorandum are identical in Critical Circumstances Determination, AD determination. Consequently, the content. in Part, and Alignment of Final final CVD determinations will be issued Preliminary Determination of Critical Determination With Final Antidumping on the same date as the final India AD Circumstances, in Part Determination determination, which is currently scheduled to be issued no later than In accordance with section 703(e)(1) AGENCY: Enforcement and Compliance, October 25, 2016. of the Act, we preliminarily find that International Trade Administration, critical circumstances exist with respect Department of Commerce. Scope of the Investigation to imports of off road tires from India for SUMMARY: The Department of Commerce The scope of the investigation covers all other exporters or producers not (the Department) preliminarily off road tires, which are tires with an off individually examined. A discussion of determines that countervailable road tire size designation. For a our determination can be found in the subsidies are being provided to complete description of the scope of the Preliminary Decision Memorandum. producers and exporters of certain new investigation, see Appendix I. Preliminary Determination and pneumatic off-the-road tires (off road Scope Comments Suspension of Liquidation tires) from India. The period of Certain interested parties commented In accordance with section investigation is January 1, 2015, through 703(d)(1)(A)(i) of the Act, we calculated December 31, 2015. Interested parties on the scope of the investigation as it appeared in the Initiation Notice. For a CVD rate for each individually- are invited to comment on this investigated producer/exporter of the preliminary determination. discussion of those comments, see the Preliminary Decision Memorandum.4 subject merchandise. We preliminarily DATES: Effective Date: June 20, 2016. determine that countervailable subsidies FOR FURTHER INFORMATION CONTACT: Methodology are being provided with respect to the Spencer Toubia, AD/CVD Operations, The Department is conducting this manufacture, production, or exportation Enforcement and Compliance, CVD investigation in accordance with of the subject merchandise. In International Trade Administration, section 701 of the Act. For each of the accordance with sections 703(d) and U.S. Department of Commerce, 14th subsidy programs found 705(c)(5)(A) of the Act, for companies Street and Constitution Avenue NW., countervailable, we preliminarily not individually examined, we apply an Washington, DC 20230; telephone: determine that there is a subsidy (i.e., a ‘‘all-others’’ rate, which is normally (202) 482–0123. financial contribution by an ‘‘authority’’ calculated by weighting the subsidy that gives rise to a benefit to the rates of the individual companies as Alignment of Final Countervailing Duty recipient) and that the subsidy is respondents by those companies’ (CVD) Determination With Final specific.5 For a full description of the exports of the subject merchandise to Antidumping Duty (AD) Determination methodology underlying our the United States. Under section On the same day the Department preliminary conclusions, see the 705(c)(5)(A)(i) of the Act, the all-others initiated this CVD investigation, the Preliminary Decision Memorandum. rate should exclude zero and de Department also initiated an AD The Preliminary Decision minimis rates or any rates based entirely investigation of off road tires from India Memorandum is a public document and on facts otherwise available pursuant to and a CVD investigation of off road tires is on file electronically via Enforcement section 776 of the Act. Neither of the from Sri Lanka.12 This CVD, the India and Compliance’s Antidumping and mandatory respondents’ rates in this AD, and the Sri Lanka CVD Countervailing Duty Centralized preliminary determination were zero or investigations cover the same Electronic Service System (ACCESS). de minimis or based entirely on facts merchandise. ACCESS is available to registered users otherwise available. Accordingly, in this On May 11, 2016, in accordance with at http://access.trade.gov, and is preliminary determination, we have section 705(a)(1) of the Tariff Act of available to all parties in the Central calculated the ‘‘all-others’’ rate by weight averaging the calculated subsidy 1 See Certain New Pneumatic Off-the-Road Tires 3 Petitioners in this investigation are Titan Tire rates of the two individually From India, the People’s Republic of China, and Sri Corporation and the United Steel, Paper and investigated respondents. In order to Lanka: Initiation of Countervailing Duty Forestry, Rubber, Manufacturing, Energy, Allied Investigations, 81 FR 7067 (February 10, 2016) Industrial and Service Workers International Union, ensure that business proprietary (Initiation Notice). See also Certain New Pneumatic AFL–CIO, CLC. information is not disclosed through the Off-the-Road Tires From India and the People’s 4 See Memorandum from Christian Marsh, Deputy all-others rate, we have used the Republic of China: Initiation of Less Than-Fair- Assistant Secretary for Antidumping and respondent’s publicly-ranged sales data Value Investigations, 81 FR 7073 (February 10, Countervailing Duty Operations, to Paul Piquado, 2016). Assistant Secretary for Enforcement and for exports of subject merchandise to the 6 2 At this time, the Department also initiated AD Compliance, regarding ‘‘Certain New Pneumatic United States. and CVD investigations of off road tires from the Off-the-Road Tires from India: Preliminary People’s Republic of China (PRC). However, on Affirmative Countervailing Duty Determination 6 See Preliminary Decision Memorandum at March 1, 2016, the U.S. International Trade Decision Memorandum,’’ dated concurrently with ‘‘CALCULATION OF THE ALL-OTHERS RATE’’ Commission (ITC) found that imports of off road this notice (Preliminary Decision Memorandum). (for further explanation of the business propretiary tires from the PRC were negligible and terminated 5 See sections 771(5)(B) and (D) of the Act information concerns); see also Memorandum to the the PRC AD and CVD investigations. See Certain regarding financial contribution; section 771(5)(E) File, ‘‘Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road-Tires From China, of the Act regarding benefit; and section 771(5A) of New Pneumatic Off-the-Road Tires from India: India, and Sri Lanka, 81 FR 10663 (March 1, 2016). the Act regarding specificity. Continued

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We preliminarily determine the information relating to this time, and location of the hearing two countervailable subsidy rates to be: investigation. We will allow the ITC days before the scheduled date. access to all privileged and business This determination is issued and Subsidy proprietary information in our files, published pursuant to sections 703(f) Company rate and 777(i) of the Act and 19 CFR (percent) provided the ITC confirms that it will not disclose such information, either 351.205(c). ATC Tires Private Limited ...... 7.64 publicly or under an administrative Dated: June 13, 2016. Balkrishna Industries Limited 7 ... 4.70 protective order, without the written Paul Piquado, All-Others ...... 6.17 consent of the Assistant Secretary for Assistant Secretary for Enforcement and Enforcement and Compliance. Compliance. In accordance with sections In accordance with section 705(b)(2) 703(d)(1)(B) and (2) of the Act, we are of the Act, if our final determination is Appendix I directing U.S. Customs and Border affirmative, the ITC will make its final Scope of the Investigation Protection (CBP) to suspend liquidation determination within 45 days after the The scope of this investigation is certain of all entries of off road tires from India Department makes its final new pneumatic off-the-road tires (certain off that are entered, or withdrawn from determination. road tires). Certain off road tires are tires with warehouse, for consumption on or after an off road tire size designation. The tires the date of the publication of this notice Disclosure and Public Comment included in the scope may be either tube- 9 in the Federal Register, and to require The Department intends to disclose type or tubeless, radial, or non-radial, regardless of whether for original equipment a cash deposit for such entries of calculations performed for this merchandise in the amounts indicated manufacturers or the replacement market. preliminary determination to the parties above. Moreover, because we Subject tires may have the following prefix within five days of the date of public preliminarily find critical circumstances or suffix designation, which appears on the announcement of this determination in sidewall of the tire: exist with respect to all other exporters accordance with 19 CFR 351.224(b). Prefix designations: or producers not individually examined, Case briefs or other written comments DH—Identifies a tire intended for agricultural in accordance with section 703(e)(2)(A) may be submitted to the Assistant and logging service which must be of the Act, we are directing CBP to Secretary for Enforcement and mounted on a DH drop center rim. apply the suspension of liquidation to Compliance no later than seven days VA—Identifies a tire intended for agricultural any unliquidated entries entered, or after the date on which the final and logging service which must be withdrawn from warehouse for mounted on a VA multipiece rim. consumption by these companies, on or verification report is issued in this IF—Identifies an agricultural tire to operate after the date which is 90 days prior to proceeding, and rebuttal briefs, limited at 20 percent higher rated load than the date of publication of this notice in to issues raised in case briefs, may be standard metric tires at the same inflation the Federal Register. submitted no later than five days after pressure. the deadline date for case briefs.8 A VF—Identifies an agricultural tire to operate Verification table of contents, list of authorities used, at 40 percent higher rated load than and an executive summary of issues standard metric tires at the same inflation As provided in section 782(i)(1) of the pressure. Act, we intend to verify the information should accompany any briefs submitted Suffix designations: submitted by the respondents prior to to the Department, pursuant to 19 CFR making our final determination. 351.309(c)(2) and (d)(2). This summary ML—Mining and logging tires used in should be limited to five pages total, intermittent highway service. U.S. International Trade Commission DT—Tires primarily designed for sand and including footnotes. paver service. In accordance with section 703(f) of Pursuant to 19 CFR 351.310(c), NHS—Not for Highway Service. the Act, we will notify the ITC of our interested parties who wish to request a TG—Tractor Grader, off-the-road tire for use determination. In addition, we are hearing must submit a written request to on rims having bead seats with nominal making available to the ITC all non- the Assistant Secretary for Enforcement +0.188’’ diameter (not for highway service). ° privileged and non-proprietary and Compliance, U.S. Department of K—Compactor tire for use on 5 drop center Commerce, filed electronically using or semi-drop center rims having bead seats with nominal minus 0.032 diameter. Preliminary Determination Margin Calculation for ACCESS. An electronically-filed request All-Others,’’ dated concurrently with this IND—Drive wheel tractor tire used in memorandum. must be received successfully, and in its industrial service. 7 The Department selected as its mandatory entirety, by ACCESS by 5:00 p.m. SL—Service limited to agricultural usage. respondents in this investigation ATC Tires Private Eastern Time, within 30 days after the FI—Implement tire for agricultural towed Limited and Balkrishna Industries Limited. See date of publication of this notice. highway service. Department Memorandum, ‘‘Countervailing Duty Requests should contain the party’s CFO—Cyclic Field Operation. Investigation of Certain New Pneumatic Off-the- SS—Differentiates tires for off-highway Road Tires from India: Respondent Selection,’’ name, address, and telephone number; the number of participants; and a list of vehicles such as mini and skid-steer dated February 24, 2016 (Respondent Selection loaders from other tires which use similar Memorandum). On April 8, 2016, TVS Srichakra the issues to be discussed. If a request size designations such as 7.00–15TR and Ltd. (TVS) submitted voluntary responses to our for a hearing is made, the Department Initial Questionnaire. See Letter from TVS, 7.00–15NHS, but may use different rim ‘‘Countervailing Duty Investigation on Imports of intends to hold the hearing at the U.S. bead seat configurations. Certain New Pneumatic Off-the-Road Tires from Department of Commerce, 14th Street All tires marked with any of the prefixes India -Questionnaire Response,’’ dated April 8, and Constitution Avenue NW., or suffixes listed above in their sidewall 2016. On May 4, 2016, we determined that we did Washington, DC 20230, at a date, time, markings are covered by the scope regardless not have the resources to select to select TVS as a voluntary respondent because to do so would be and specific location to be determined. of their intended use. unduly burdensome and would inhibit the timely Parties will be notified of the date, time, completion of this investigation. Therefore, we have and location of any hearing. Parties 9 While tube-type tires are subject to the scope of not analyzed any voluntary responses. See should confirm by telephone the date, this proceeding, tubes and flaps are not subject Department Memorandum, ‘‘Countervailing Duty merchandise and therefore are not covered by the Investigation of Certain New Pneumatic Off-the- scope of this proceeding, regardless of the manner Road Tires from India: Selection of an Additional 8 See 19 CFR 351.309; see also 19 CFR 351.303 in which they are sold (e.g., sold with or separately Respondent,’’ dated May 4, 2016. (for general filing requirements). from subject merchandise).

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In addition, all tires that lack any of the trucks, buses, and other vehicles. This DEPARTMENT OF COMMERCE prefixes or suffixes listed above in their suffix is intended to differentiate among sidewall markings are included in the scope, tires for light trucks, and other vehicles or International Trade Administration regardless of their intended use, as long as other services, which use a similar [A–570–979] the tire is of a size that is among the designation. numerical size designations listed in the following sections of the Tire and Rim Example: 8R17.5 LT, 8R17.5 HC; Crystalline Silicon Photovoltaic Cells, Association Year Book, as updated annually, LT—Identifies light truck tires for service on Whether or Not Assembled Into unless the tire falls within one of the specific trucks, buses, trailers, and multipurpose Modules, From the People’s Republic exclusions set forth below. The sections of passenger vehicles used in nominal of China: Final Results of Antidumping the Tire and Rim Association Year Book highway service; Duty Administrative Review and Final listing numerical size designations of covered ST—Special tires for trailers in highway Determination of No Shipments; 2013– certain off road tires include: service; and The table of mining and logging tires 2014 included in the section on Truck-Bus tires; M/C—Identifies tires and rims for motorcycles. AGENCY: Enforcement and Compliance, The entire section on Off-the-Road tires; International Trade Administration, The following types of tires are also The entire section on Agricultural tires; Department of Commerce. and excluded from the scope: Pneumatic tires The following tables in the section on that are not new, including recycled or SUMMARY: On December 28, 2015, the Industrial/ATV/Special Trailer tires: retreaded tires and used tires; non-pneumatic Department of Commerce (the • Industrial, Mining, Counterbalanced Lift tires, including solid rubber tires; aircraft ‘‘Department’’) published its Truck (Smooth Floors Only); tires; and turf, lawn and garden, and golf preliminary results in the 2013–2014 • Industrial and Mining (Other than tires. Also excluded from the scope are administrative review of the Smooth Floors); • mining and construction tires that have a rim antidumping duty order on crystalline Construction Equipment; silicon photovoltaic cells, whether or • Off-the-Road and Counterbalanced Lift diameter equal to or exceeding 39 inches. Truck (Smooth Floors Only); Such tires may be distinguished from other not assembled into modules (‘‘solar • Aerial Lift and Mobile Crane; and tires of similar size by the number of plies cells’’), from the People’s Republic of • Utility Vehicle and Lawn and Garden that the construction and mining tires China (‘‘PRC’’).1 The period of review Tractor. contain (minimum of 16) and the weight of (‘‘POR’’) is December 1, 2013, through Certain off road tires, whether or not such tires (minimum 1500 pounds). November 30, 2014. This administrative mounted on wheels or rims, are included in The subject merchandise is currently review covers two mandatory the scope. However, if a subject tire is classifiable under Harmonized Tariff respondents: (1) The collapsed entity imported mounted on a wheel or rim, only Schedule of the United States (HTSUS) Yingli 2 and (2) the collapsed entity the tire is covered by the scope. Subject subheadings: 4011.20.1025, 4011.20.1035, 3 merchandise includes certain off road tires Trina. Based on our analysis of the produced in the subject countries whether 4011.20.5030, 4011.20.5050, 4011.61.0000, mounted on wheels or rims in a subject 4011.62.0000, 4011.63.0000, 4011.69.0050, 1 See Crystalline Silicon Photovoltaic Cells, country or in a third country. Certain off road 4011.92.0000, 4011.93.4000, 4011.93.8000, Whether or Not Assembled Into Modules, From the tires are covered whether or not they are 4011.94.4000, 4011.94.8000, 8431.49.9038, People’s Republic of China: Preliminary Results of 8431.49.9090, 8709.90.0020, and Antidumping Duty Administrative Review and accompanied by other parts, e.g., a wheel, Preliminary Determination of No Shipments; 2013– rim, axle parts, bolts, nuts, etc. Certain off 8716.90.1020. Tires meeting the scope 2014, 80 FR 80746 (December 28, 2015) road tires that enter attached to a vehicle are description may also enter under the (‘‘Preliminary Results’’), and accompanying not covered by the scope. following HTSUS subheadings: Preliminary Decision Memorandum (‘‘PDM’’). Specifically excluded from the scope are 4011.99.4550, 4011.99.8550, 8424.90.9080, 2 In these final results of review, the Department passenger vehicle and light truck tires, racing 8431.20.0000, 8431.39.0010, 8431.49.1090, has continued to treat the mandatory respondent tires, mobile home tires, motorcycle tires, all- Yingli Energy (China) Company Limited and the 8431.49.9030, 8432.90.0005, 8432.90.0015, terrain vehicle tires, bicycle tires, on-road or following eight companies as a single entity: (1) on-highway trailer tires, and truck and bus 8432.90.0030, 8432.90.0080, 8433.90.5010, Baoding Tianwei Yingli New Energy Resources Co., tires. Such tires generally have in common 8503.00.9560, 8708.70.0500, 8708.70.2500, Ltd.; (2) Tianjin Yingli New Energy Resources Co., Ltd.; (3) Hengshui Yingli New Energy Resources that the symbol ‘‘DOT’’ must appear on the 8708.70.4530, 8716.90.5035 and 8716.90.5055. While HTSUS subheadings are Co., Ltd.; (4) Lixian Yingli New Energy Resources sidewall, certifying that the tire conforms to Co., Ltd.; (5) Baoding Jiasheng Photovoltaic applicable motor vehicle safety standards. provided for convenience and customs Technology Co., Ltd.; (6) Beijing Tianneng Yingli Such excluded tires may also have the purposes, the written description of the New Energy Resources Co., Ltd.; (7) Hainan Yingli following prefixes and suffixes included as subject merchandise is dispositive. New Energy Resources Co., Ltd.; (8) Shenzhen part of the size designation on their Yingli New Energy Resources Co., Ltd. (collectively sidewalls: Appendix II ‘‘Yingli’’). See Preliminary Results, 80 FR at 80746, Prefix letter designations: and PDM at 6–8; see also the December 18, 2015 List of Topics Discussed in the Preliminary memorandum from Jeff Pedersen International AT—Identifies a tire intended for service on Decision Memorandum Trade Analyst, AD/CVD Operations, Office IV to All-Terrain Vehicles; Abdelali Elouaradia Director AD/CVD Operations, P—Identifies a tire intended primarily for I. Summary Office IV, concerning affiliation and single entity service on passenger cars; II. Background status. LT—Identifies a tire intended primarily for III. Scope Comments 3 In these final results of review, the Department service on light trucks; IV. Scope of the Investigation has continued to treat the mandatory respondent T—Identifies a tire intended for one-position V. Critical Circumstances Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science & Technology Co., Ltd. ‘‘temporary use’’ as a spare only; and VI. Injury Test ST—Identifies a special tire for trailers in and the following four companies as a single entity: VII. Subsidies Valuation (1) Yancheng Trina Solar Energy Technology Co., highway service. VIII. Loan Benchmark and Interest Rates Ltd.; (2) Changzhou Trina Solar Yabang Energy Co., Suffix letter designations: IX. Analysis of Programs Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; (4) TR—Identifies a tire for service on trucks, X. Calculation of All-Others Rate Hubei Trina Solar Energy Co., Ltd. (collectively buses, and other vehicles with rims having ‘‘Trina’’). See Preliminary Results, 80 FR at 80746, XI. ITC Notification and PDM; see also the December 18, 2015 specified rim diameter of nominal plus XII. Disclosure and Public Comment ″ ″ memorandum from Thomas Martin International 0.156 or plus 0.250 ; XIII. Conclusion Trade Analyst, AD/CVD Operations, Office IV to MH—Identifies tires for Mobile Homes; Abdelali Elouaradia Director AD/CVD Operations, [FR Doc. 2016–14537 Filed 6–17–16; 8:45 am] HC—Identifies a heavy duty tire designated Office IV concerning affiliation and single entity for use on ‘‘HC’’ 15″ tapered rims used on BILLING CODE 3510–DS–P status.

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comments received, we made certain photovoltaic cells, whether or not Changes Specific to Trina changes to our margin calculations for partially or fully assembled into other • Revised surrogate value choices for Yingli and Trina. The final dumping products, including, but not limited to, certain direct materials, material offsets, margins for this review are listed in the modules, laminates, panels and building and movement expenses. ‘‘Final Results’’ section below. integrated materials.10 Merchandise • Revised the imputed credit expense FOR FURTHER INFORMATION CONTACT: Jeff covered by this review is classifiable calculation. Pedersen and Thomas Martin, AD/CVD under subheading 8501.61.0000, • Revised the warranty expense Operations, Office IV, Enforcement & 8507.20.80, 8541.40.6020, 8541.40.6030, calculation. • Compliance, International Trade and 8501.31.8000 of the Harmonized Revised the calculation of domestic Administration, Department of Tariff Schedule of the United States inland insurance and marine insurance Commerce, 14th Street and Constitution (‘‘HTSUS’’). Although the HTSUS expenses. Avenue NW., Washington, DC 20230; subheadings are provided for telephone: (202) 482–2769 or (202) 482– Changes Specific to Yingli convenience and customs purposes, our 3936, respectively. • Revised surrogate value choices for written description of the scope of the certain direct materials and movement Background order is dispositive. expenses. • On December 28, 2015, the Analysis of Comments Received Corrected a conversion error. Department published its Preliminary Final Determination of No Shipments Results in this review. On January 27, All issues raised in the case and 2016, SolarWorld Americas Inc. rebuttal briefs filed by parties in this In the Preliminary Results, we found (‘‘Petitioner’’), Yingli, and Trina review are addressed in the Issues and that Jiangsu Sunlink PV Technology Co., requested a hearing. On February 2, Decision Memorandum,11 which is Ltd. and Shanghai JA Solar Technology 2016, Petitioner, Yingli, and Trina hereby adopted by this notice. A list of Co., Ltd. each had no shipments during 4 12 submitted case briefs. On February 10, the issues that parties raised, and to the POR. We did not receive any comments concerning our finding of no 2016, Petitioner, Yingli, and Trina which we responded in the Issues and 5 shipments by these two companies. For submitted rebuttal briefs. On March 4, Decision Memorandum, follows as an 2016, Yingli and Trina withdrew their these final results, the Department appendix to this notice. The Issues and requests for a hearing.6 On March 9, continues to find that Jiangsu Sunlink Decision Memorandum is a public 2016, Petitioner withdrew its request for PV Technology Co., Ltd. and Shanghai a hearing.7 Thus, there are no document and is on file electronically JA Solar Technology Co., Ltd. did not outstanding hearing requests. On via Enforcement and Compliance’s have any reviewable transactions of January 27, 2016, the Department tolled Antidumping and Countervailing Duty subject merchandise during the POR. all administrative deadlines as a result Centralized Electronic Service System Separate Rates of the government closure due to (‘‘ACCESS’’). ACCESS is available to Snowstorm ‘‘Jonas.’’ 8 Subsequently, the registered users at https:// In the Preliminary Results, the Department extended the deadline for access.trade.gov and in the Central Department determined that Trina, the final results of this review until June Records Unit, room B8024 of the main Yingli, and 15 other separate rate 13, 2016.9 Department of Commerce building. In applicants (‘‘separate rate respondents’’),13 had demonstrated their Scope of the Order addition, a complete version of the Issues and Decision Memorandum can eligibility for separate rates 14 but The merchandise covered by the order be accessed directly on the Internet at determined to treat six other 15 is crystalline silicon photovoltaic cells, http://enforcement.trade.gov/frn/. The companies subject to this review as and modules, laminates, and panels, paper copy and electronic version of the part of the PRC-wide entity because they consisting of crystalline silicon Issues and Decision Memorandum are did not establish their eligibility to 16 identical in content. receive a separate rate. Since the 4 See Letters to the Department from Petitioner, Preliminary Results, the Department has ‘‘Solar World Americas, Inc.’s Case Brief,’’ Yingli Changes Since the Preliminary Results not received any comments that would ‘‘Yingli’s Case Brief,’’ and Trina ‘‘Trina’s Case warrant a review of our preliminary Brief,’’ all dated February 2, 2016. Based on a review of the record and 5 See Letters to the Department from Petitioner, ‘‘Solar World Americas, Inc.’s Rebuttal Brief,’’ comments received from interested 12 See Preliminary Results, 80 FR at 80746, and Yingli ‘‘Yingli’s Rebuttal Brief,’’ and Trina ‘‘Trina’s parties regarding our Preliminary PDM at 5–6. Rebuttal Brief,’’ all dated February 10, 2016. Results, and for the reasons explained in 13 These companies are: (1) Yingli; (2) Trina; (3) 6 See Letters to the Department from Yingli the Issues and Decision Memorandum, BYD (Shangluo) Industrial Co., Ltd.; (4) Dongguan ‘‘Withdrawal of Yingli’s Hearing Request,’’ and Sunworth Solar Energy Co., Ltd.; (5) ERA Solar Co., Trina ‘‘Withdrawal of Hearing Request,’’ both dated we made the following revisions to our Ltd.; (6) Jiangsu High Hope Int’l Group; (7) Ningbo March 4, 2016. preliminary calculations of the Qixin Solar Electrical Appliance Co., Ltd.; (8) 7 See Letter to the Department from Petitioner, weighted-average dumping margins for Shanghai BYD Co., Ltd.; (9) Shenzhen Glory ‘‘Withdrawal of Request for Hearing,’’ dated March Industries Co., Ltd. (10) Shenzhen Topray Solar Co., 9, 2016. Trina and Yingli: Ltd.; (11) Wuxi Suntech Power Co., Ltd./Luoyang 8 See January 27, 2016, memorandum to the Suntech Power Co., Ltd.; (12) Canadian Solar record from Ron Lorentzen, Acting Assistant 10 For a complete description of the scope of the International Limited; (13) Canadian Solar Secretary for Enforcement and Compliance, entitled order, see Memorandum from Christian Marsh, Manufacturing (Changshu) Inc.; (14) Canadian Solar ‘‘Tolling of Administrative Deadlines as a Result of Deputy Assistant Secretary for Antidumping and Manufacturing (Luoyang) Inc.; (15) ET Solar Energy the Government Closure during Snowstorm Countervailing Duty Operations, to Paul Piquado, Limited; (16) JA Solar Technology Yangzhou Co., ‘Jonas’.’’ Assistant Secretary for Enforcement and Ltd.; and (17) JingAo Solar Co., Ltd. 9 See April 26, 2016 and May 26, 2016 Compliance, ‘‘Decision Memorandum for the Final 14 See PDM at 10–12. memoranda from Jeff Pedersen, Senior International Results of the 2013–2014 Antidumping Duty 15 These companies are: (1) Canadian Solar Inc.; Trade Compliance Analyst, Office IV, Antidumping Administrative Review of Crystalline Silicon (2) ET Solar Industry Limited; (3) MS Solar and Countervailing Duty Operations to Christian Photovoltaic Cells, Whether or Not Assembled into Investments LLC; (4) Yingli Green Energy Americas, Marsh Deputy Assistant Secretary for Antidumping Modules, from the People’s Republic of China,’’ Inc.; (5) Yingli Green Energy Holding Co., Ltd.; and and Countervailing Duty Operations concerning (‘‘Issues and Decision Memorandum’’), dated (6) Yingli Green Energy International Trading extensions of the deadline for these final results of concurrently with this notice. Company Limited. review. 11 See Issues and Decision Memorandum. 16 See PDM at 10–15.

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separate rate determinations regarding weighted-average dumping margin to Dumping Margin for Separate Rate these companies. Therefore, we the separate rate companies that it did Recipients’’ dated concurrently with continue to find that these 15 separate not individually examine, but which this notice.17 rate respondents are eligible for a demonstrated their eligibility for a Final Results separate rate while the other six separate rate, based on the mandatory companies are not, and thus these six respondent’s dumping margins as We determine that the following companies are part of the PRC-wide explained in the memorandum to the weighted-average dumping margins entity. The Department assigned a file regarding ‘‘Calculation of the Final exist for the POR:

Weighted-average Exporter dumping margin (percent)

Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./ Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd ...... 12.19 Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd ...... 6.12 BYD (Shangluo) Industrial Co., Ltd ...... 8.52 Canadian Solar International Limited ...... 8.52 Canadian Solar Manufacturing (Changshu) Inc ...... 8.52 Canadian Solar Manufacturing (Luoyang) Inc ...... 8.52 Dongguan Sunworth Solar Energy Co., Ltd ...... 8.52 ERA Solar Co., Ltd ...... 8.52 ET Solar Energy Limited ...... 8.52 JA Solar Technology Yangzhou Co., Ltd ...... 8.52 Jiangsu High Hope Int’l Group ...... 8.52 JingAo Solar Co., Ltd ...... 8.52 Ningbo Qixin Solar Electrical Appliance Co., Ltd ...... 8.52 Shanghai BYD Co., Ltd ...... 8.52 Shenzhen Glory Industries Co., Ltd ...... 8.52 Shenzhen Topray Solar Co., Ltd ...... 8.52 Wuxi Suntech Power Co., Ltd./Luoyang Suntech Power Co., Ltd ...... 8.52

Disclosure Where the respondent reported reliable valorem or per-unit rate is zero or de entered values, the Department minimis, the Department will instruct We intend to disclose the calculations calculated importer- (or customer)- CBP to liquidate appropriate entries performed for these final results of specific ad valorem rates by aggregating without regard to antidumping duties.20 review within five days of publication the dumping margins calculated for all For merchandise that was not of this notice in the Federal Register in U.S. sales to the importer- (or customer) reported in the U.S. sales database accordance with 19 CFR 351.224(b). and dividing this amount by the total submitted by an exporter individually Assessment Rates entered value of the sales to the examined during this review, but that importer- (or customer).18 Where the entered under the case number of that The Department will determine, and Department calculated an importer- (or exporter (i.e., at the individually- U.S. Customs and Border Protection customer)-specific weighted-average examined exporter’s cash deposit rate), (‘‘CBP’’) shall assess, antidumping dumping margin by dividing the total the Department will instruct CBP to duties on all appropriate entries covered amount of dumping for reviewed sales liquidate such entries at the PRC-wide by this review. The Department intends to the importer- (or customer) by the rate. Additionally, if the Department to issue assessment instructions to CBP total sales quantity associated with determines that an exporter under 15 days after the publication date of those transactions, the Department will review had no shipments of the subject these final results of this review. In direct CBP to assess importer- (or merchandise, any suspended entries accordance with 19 CFR 351.212(b)(1), customer)-specific assessment rates that entered under that exporter’s case we are calculating importer- (or based on the resulting per-unit rates.19 number will be liquidated at the PRC- customer-) specific assessment rates for Where an importer- (or customer)- wide rate.21 the merchandise subject to this review. specific ad valorem or per-unit rate is For any individually examined greater than de minimis, the Department Cash Deposit Requirements respondent whose weighted-average will instruct CBP to collect the The following cash deposit dumping margin is above de minimis appropriate duties at the time of requirements will be effective upon (i.e., 0.50 percent), the Department will liquidation. Where either the publication of the final results of this calculate importer- (or customer)- respondent’s weighted average dumping administrative review for shipments of specific assessment rates for margin is zero or de minimis, or an the subject merchandise from the PRC merchandise subject to this review. importer (or customer-) specific ad entered, or withdrawn from warehouse,

17 See Memorandum to the File, from Jeff 19 Id. 21 See Non-Market Economy Antidumping Pedersen through Howard Smith, Program Manager, 20 See Antidumping Proceedings: Calculation of Proceedings: Assessment of Antidumping Duties, 76 AD/CVD Operations, Office IV, ‘‘Calculation of the the Weighted-Average Dumping Margin and FR 65694 (October 24, 2011), for a full discussion Final Margin for Separate Rate Recipients,’’ dated Assessment Rate in Certain Antidumping Duty of this practice. concurrently with this notice. Proceedings; Final Modification, 77 FR 8101, 8103 18 See 19 CFR 351.212(b)(1). (February 14, 2012).

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for consumption on or after the this notice in accordance with sections DEPARTMENT OF COMMERCE publication date of this notice in the 751(a)(1) and 777(i) of the Act. International Trade Administration Federal Register, as provided by section Dated: June 13, 2016. 751(a)(2)(C) of the Act: (1) For the Paul Piquado, [A–580–809] exporters listed above, the cash deposit rate will be the rate listed for each Assistant Secretary for Enforcement and Compliance. Circular Welded Non-Alloy Steel Pipe exporter in the table in the ‘‘Final From the Republic of Korea: Final Results’’ section of this notice; (2) for Appendix—Issues and Decision Results of Antidumping Duty previously investigated PRC and non- Memorandum Administrative Review; 2013–2014 PRC exporters that received a separate Summary rate in a prior segment of this AGENCY: Enforcement and Compliance, Background International Trade Administration, proceeding, the cash deposit rate will Scope of the Order continue to be the existing exporter- Department of Commerce. specific rate; (3) for all PRC exporters of Discussion of the Issues SUMMARY: On December 8, 2015, the subject merchandise that have not been Comment 1: Surrogate Country Department of Commerce (the found to be entitled to a separate rate, Comment 2: Conversion of the Market Department) published the Preliminary the cash deposit rate will be the rate Economy Price for Wafers Results of its administrative review of previously established for the PRC-wide Comment 3: Valuation of ‘‘Unclassified the antidumping duty order on circular entity (i.e., 238.95 percent); 22 and (4) for Stores’’ of Polysilicon welded non-alloy steel pipe (CWP) from all non-PRC exporters of subject Comment 4: Valuation of Brokerage and the Republic of Korea (Korea) for the merchandise which have not received Handling in Doing Business in Thailand period November 1, 2013, through Comment 5: Whether the Department should October 31, 2014.1 The review covers their own rate, the cash deposit rate will adjust the brokerage and handling SV be the rate applicable to the PRC used for Trina in the Preliminary Results three producers/exporters of the subject exporter that supplied that non-PRC Comment 6: Calculation of Surrogate Labor merchandise: Husteel Co., Ltd. exporter. These deposit requirements, Value (Husteel), Hyundai HYSCO (HYSCO), when imposed, shall remain in effect Comment 7: Surrogate Value for Aluminum and SeAH Steel Corporation (SeAH). until further notice. Angle Keys For these final results, we continue to Comment 8: Surrogate Value for Aluminum find that Husteel and HYSCO sold Notification to Importers Regarding the Frames subject merchandise at below normal Reimbursement of Duties Comment 9: Differential Pricing value. We also determine that SeAH did This notice also serves as a final Comment 10: Valuing Tempered Glass not make sales of subject merchandise at reminder to importers of their Comment 11: Surrogate Value for Junction below normal value. Boxes responsibility under 19 CFR 351.402(f) DATES: Effective Date: June 20, 2016. to file a certificate regarding the Comment 12: Financial Statements Comment 13: Surrogate Value for Semi- FOR FURTHER INFORMATION CONTACT: reimbursement of antidumping duties finished Polysilicon Ingots and Blocks Joseph Shuler, Jennifer Meek, or Lana prior to liquidation of the relevant Comment 14: Surrogate Value for Backsheets Nigro, AD/CVD Operations, Office I, entries during this POR. Failure to Comment 15: World Cup Sponsorship Enforcement and Compliance, comply with this requirement could Comment 16: Data Source to use to Value International Trade Administration, result in the Department’s presumption Polysilicon and Wafers U.S. Department of Commerce, 14th that reimbursement of antidumping Comment 17: Calculation of Scrap for Waste Street and Constitution Avenue NW., duties has occurred and the subsequent Cells and Modules Washington, DC 20230; telephone (202) assessment of double antidumping Comment 18: Whether the Department 482–1293, (202) 482–2778, or (202) 482– duties. applied the correct surrogate value to Trina’s silver paste 1779, respectively. Administrative Protective Order Comment 19: Whether the Department Background (‘‘APO’’) should apply partial AFA to Trina’s Following the Preliminary Results, the This notice also serves as a reminder unreported factors of production for purchased solar cells Department sent a supplemental to parties subject to APO of their Comment 20: Whether the Department questionnaire to SeAH and received a responsibility concerning the return or erroneously valued certain overhead timely response.2 destruction of proprietary information items as direct materials On January 4 and January 20, 2016, disclosed under APO in accordance Comment 21: Whether the Department the Department extended the briefing with 19 CFR 351.305, which continues applied the correct surrogate value to schedule.3 On April 5, 2016, the to govern business proprietary nitrogen Comment 22: Whether the Department information in this segment of the 1 See Circular Welded Non-Alloy Steel Pipe From proceeding. Timely written notification should not include import data with zero the Republic of Korea: Preliminary Results and of the return or destruction of APO quantities in the average unit SV Partial Rescission of Antidumping Duty materials, or conversion to judicial calculation Administrative Review; 2013–2014, 80 FR 76267 Comment 23: Whether the Department (December 8, 2015) (Preliminary Results) and protective order, is hereby requested. should revise the SV for brokerage and accompanying Preliminary Decision Memorandum. Failure to comply with the regulations handling 2 See Letter to SeAH, ‘‘Antidumping Duty and terms of an APO is a violation Comment 24: Whether the Department Administrative Review of Circular Welding Non- which is subject to sanction. should revise Trina’s credit expenses Alloy Steel Pipe from the Republic of Korea: We are issuing these final results of Supplemental Questionnaire,’’ (December 18, 2015); and inventory carrying costs see also Letter from SeAH, ‘‘Administrative Review administrative review and publishing Comment 25: Whether the Department of the Antidumping Order on Circular Welded Non- should revise Trina’s warranty expenses Alloy Steel Pipe from Korea for the 2013–2014 22 See Crystalline Silicon Photovoltaic Cells, when calculating CEP Review Period—Response to December 18 Whether or Not Assembled Into Modules, From the Comment 26: Whether the Department Supplemental Questionnaire,’’ (December 28, 2015). People’s Republic of China: Final Results of should revise Trina’s insurance expenses 3 See Memorandum to the File, ‘‘Extension of the Antidumping Duty Administrative Review and Briefing Schedule,’’ (January 4, 2016) and Final Determination of No Shipments; 2012–2013, [FR Doc. 2016–14532 Filed 6–17–16; 8:45 am] Memorandum to all interested parties, ‘‘Second 80 FR 40998, 41002 (July 14, 2015). BILLING CODE 3510–DS–P Extension of the Briefing Schedule,’’ (January 20,

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Department issued a memorandum United States (HTSUS) subheadings: factory production to shipment to the extending the time period for issuing 7306.30.10.00, 7306.30.50.25, U.S. customer.8 the final results of this administrative 7306.30.50.32, 7306.30.50.40, Final Results of the Review review by 60 days, from April 12, 2016 7306.30.50.55, 7306.30.50.85, and to June 10, 2016, as permitted by section 7306.30.50.90. Although the HTSUS As a result of this review, we 751(a)(3)(A) of the Tariff Act of 1930, as numbers are provided for convenience determine that the following weighted- amended (the Act) and 19 CFR and customs purposes, the written average dumping margins exist for the 351.213(h)(2).4 product description remains dispositive. period November 1, 2013 through On January 7, 2016, Husteel and October 31, 2014: A full description of the scope of the HYSCO both requested a hearing. These requests were subsequently withdrawn.5 order is contained in the memorandum Weighted- On February 3, 2016, we received case from Christian Marsh, Deputy Assistant average Secretary for Antidumping and Producer/Exporter dumping briefs from JMC Steel Group (JMC) and margin Allied Tube and Conduit (Allied) (the Countervailing Duty Operations to Paul (percent) petitioners), Husteel, HYSCO, and Piquado, Assistant Secretary for SeAH.6 On February 12, 2015, we Enforcement and Compliance, Husteel Co., Ltd ...... 1.42 received rebuttal briefs from the ‘‘Decision Memorandum for the Final Hyundai HYSCO ...... 1.62 SeAH Steel Corporation ...... 0.00 petitioners, SeAH, and HYSCO.7 Results of Antidumping Duty Administrative Review: Circular Scope of the Order Welded Non-Alloy Steel Pipe from the Disclosure The merchandise subject to the order Republic of Korea: 2013–2014,’’ dated We will disclose the calculations used is circular welded non-alloy steel pipe concurrently with this notice (Issues in our analysis to parties to these and tube. The product is currently and Decision Memorandum), and which proceedings within five days of the date classified under the following is hereby adopted by this notice. of publication of this notice pursuant to Harmonized Tariff Schedule of the Analysis of Comments Received 19 CFR 351.224(b). Assessment Rates 2016); we also extended the deadline to submit All issues raised in the parties’ briefs rebuttal briefs. See memorandum to all interested are addressed in the Issues and Decision Pursuant to section 751(a)(2)(A) and parties, ‘‘Extension of the Deadline to submit (C) of the Act, and 19 CFR 351.212(b)(1), Rebuttal Briefs,’’ (February 5, 2016). Memorandum. A list of the issues raised 4 See Memorandum to Christian Marsh, Deputy is attached to this notice as an the Department has determined, and Assistant Secretary for Antidumping and Appendix. The Issues and Decision U.S. Customs and Border Protection Countervailing Duty Operations entitled ‘‘Circular Memorandum is a public document and (CBP) shall assess, antidumping duties Welded Non-Alloy Steel Pipe from the Republic of on all appropriate entries of subject Korea: Extension of Time Limit for Final Results of is on file electronically via Enforcement Antidumping Duty Administrative Review,’’ (April and Compliance’s Antidumping and merchandise in accordance with the 5, 2016). Countervailing Duty Centralized final results of this review. The 5 See Letter from Hyundai Steel Company, Electronic Service System (ACCESS). Department intends to issue assessment ‘‘Administrative Review of Circular Welded Non- ACCESS is available to registered users instructions to CBP 15 days after the Alloy Steel Pipe from the Republic of Korea: date of publication of these final results Request for Public Hearing,’’ (January 7, 2016); see at http://access.trade.gov, and is also Letter from Husteel, ‘‘Certain Circular Welded available to all parties in the Central of review. For assessment purposes, Husteel, Non-Alloy Steel Pipe from the Republic of Korea, Records Unit, room B8024 of the main Case No. A–580–809: Request for Hearing,’’ HYSCO, and SeAH reported the name of Department of Commerce building. In (January 7, 2016); and the withdrawal requests, see the importer of record and the entered See Letter from Hyundai Steel Company, addition, a complete version of the value for all of their sales to the United ‘‘Administrative Review of Circular Welded Non- Issues and Decision Memorandum can States during the period of review Alloy Steel Pipe from the Republic of Korea: be accessed directly on the Internet at Withdrawal of Request for Hearing,’’ (February 22, (POR). Accordingly, for each http://trade.gov/enforcement. The 2016); see also Letter from Husteel, ‘‘Certain respondent, we calculated importer- Circular Welded Non-Alloy Steel Pipe from the signed Issues and Decision specific ad valorem antidumping duty Republic of Korea, 11/1/2014–10/31/2014 Memorandum and the electronic Administrative Review, Case No. A–580–809: assessment rates on the basis of the ratio Withdrawal of Request for Hearing,’’ (February 19, versions of the Issues and Decision of the total amount of dumping 2016). Memorandum are identical in content. calculated for the importer’s examined 6 See Case Brief of the Petitioners, ‘‘Circular Welded Non-Alloy Steel Pipe From the Republic of Changes From the Preliminary Results sales and the total entered value of those Korea: Case Brief,’’ (February 3, 2016); see also Case same sales in accordance with 19 CFR Brief of Husteel, ‘‘Certain Circular Welded Non- Based on our analysis of the 351.212(b)(1). Where an importer- Alloy Steel Pipe from the Republic of Korea, Case comments received from interested specific assessment rate is zero or de No. A–580–809: Case Brief,’’ (February 3, 2016); parties, we have made certain changes minimis (i.e., less than 0.5 percent), we Case Brief of HYSCO, ‘‘Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea: for SeAH since the Preliminary Results. will instruct CBP to liquidate the Case Brief,’’ (February 3, 2016); Case Brief of SeAH, For home market sales that SeAH appropriate entries without regard to ‘‘Administrative Review of the Antidumping Order identified as consignment sales, in antidumping duties in accordance with on Circular Welded Non-Alloy Steel Pipe from accordance with the Department’s 19 CFR 351.106(c)(2). Korea for the 2013–2014 Review Period—Case Brief,’’ (February 3, 2016). practice, we have used the date the For entries of subject merchandise 7 See Rebuttal Brief of the petitioners, ‘‘Circular customer withdrew the merchandise during the POR produced by Husteel, Welded Non-Alloy Steel Pipe From the Republic of from consignment inventory as the HYSCO, and SeAH which they did not Korea: Rebuttal Brief,’’ (February 12, 2016), and see appropriate date of sale. For all know were destined for the United Rebuttal Brief from Hundai HYSCO, ‘‘Certain Circular Welded Non-Alloy Steel Pipe from the remaining sales we continue to follow States, we will instruct CBP to liquidate Republic of Korea: Rebuttal Brief,’’ (February 12, our practice as described in the 2016); see also Rebuttal Brief from SeAH, Preliminary Results. Additionally, we 8 For a discussion of these changes, see the ‘‘Administrative Review of the Antidumping Order have recalculated inventory carrying accompanying Issues and Decision Memorandum at on Circular Welded Non-Alloy Steel Pipe from Comment 7 and SeAH’s Final Determination Korea for the 2013–2014 Review Period—Rebuttal costs for direct shipment CEP sales Calculation Memorandum dated concurrently with Brief,’’ (February 12, 2016). based on the inventory period from this Federal Register notice.

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unreviewed entries at the all-others rate Notification Regarding Administrative DEPARTMENT OF COMMERCE if there is no rate for the intermediate Protective Order company or companies involved in the International Trade Administration This notice also serves as a reminder transaction. For a full discussion of this [A–570–038] clarification, see Antidumping and to parties subject to administrative Countervailing Duty Proceedings: protective order (APO) of their Certain Amorphous Silica Fabric From Assessment of Antidumping Duties, 68 responsibility concerning the the People’s Republic of China: FR 23954 (May 6, 2003). disposition of proprietary information Postponement of Preliminary disclosed under APO in accordance Determination of the Less-Than-Fair- Cash Deposit Requirements with 19 CFR 351.305(a)(3), which Value Investigation continues to govern business The following cash deposit AGENCY: Enforcement and Compliance, proprietary information in this segment requirements will be effective upon International Trade Administration, publication of the notice of final results of the proceeding. Timely written Department of Commerce. notification of the return or destruction of administrative review for all DATES: Effective Date: June 20, 2016. of APO materials, or conversion to shipments of subject merchandise FOR FURTHER INFORMATION CONTACT: judicial protective order, is hereby entered or withdrawn from warehouse, Scott Hoefke at (202) 482–4947 or Mike requested. Failure to comply with the for consumption, on or after the date of Heaney at (202) 482–4475, AD/CVD publication, as provided by section regulations and the terms of an APO is Operations, Enforcement and 751(a)(2)(C) of the Act: (1) The cash a sanctionable violation. Compliance, International Trade deposit rate for Husteel, HYSCO, and Notification to Interested Parties Administration, Department of SeAH will be equal to the respective Commerce, 14th Street and Constitution weighted-average dumping margins These final results of administrative Avenue NW., Washington, DC 20230. established in the final results of this review are issued and published in SUPPLEMENTARY INFORMATION: review; (2) for merchandise exported by accordance with sections 751(a)(1) and Background manufacturers or exporters not covered 777(i)(1) of the Act. in this review, but covered in a prior On February 16, 2016, the Department Dated: June 10, 2016. segment of the proceeding, the cash of Commerce (the Department) initiated deposit rate will continue to be the Paul Piquado, an antidumping duty investigation on company-specific rate published for the Assistant Secretary for Enforcement and certain amorphous silica fabric from the most recently completed segment of this Compliance. People’s Republic of China.1 The notice proceeding in which that manufacturer Appendix—List of Issues Discussed in of initiation stated that the Department, or exporter participated; (3) if the in accordance with section 733(b)(1)(A) the Issues and Decision Memorandum exporter is not a firm covered in this of the Tariff Act of 1930, as amended review, a prior review, or the original Summary (the Act), and 19 CFR 351.205(b)(1), investigation but the manufacturer is, Background would issue its preliminary the cash deposit rate will be the rate Changes Since the Preliminary Results determination for this investigation, established for the most recently List of Comments unless postponed, no later than 140 completed segment of this proceeding Scope of the Order days after the date of the initiation. The for the manufacturer of subject Discussion of the Issues deadline for the preliminary merchandise; and (4) the cash deposit Comment 1: Whether the Cohen’s d Test determination of this antidumping duty rate for all other manufacturers or Measures ‘‘Targeted’’ or Masked investigation is currently July 5, 2016. exporters will continue to be 4.80 Dumping percent, the ‘‘all others’’ rate established Comment 2: Whether the Ratio Test Is Postponement of the Preliminary pursuant to a court decision.9 These Arbitrary and Whether the ‘‘Meaningful Determination cash deposit requirements, when Difference Requirement’’ Was Satisfied Section 733(c)(1)(A) of the Act imposed, shall remain in effect until Comment 3: Whether Consideration of an permits the Department to postpone the further notice. Alternative Comparison Method Is time limit for the preliminary Permitted in Administrative Reviews determination if it receives a timely Notification to Importers Regarding the Comment 4: Whether the Mixed request from the petitioner for Reimbursement of Duties Methodology Leads to Zeroing postponement. The Department may Comment 5: The Appropriate Universe of This notice serves as a final reminder postpone the preliminary determination HYSCO’s Home Market Sales to importers of their responsibility under section 733(c)(1) of the Act until Comment 6: Whether Certain HYSCO Sales under 19 CFR 351.402(f)(2) to file a no later than 190 days after the date on Are Outside the Ordinary Course of certificate regarding the reimbursement which the Department initiates an Trade of antidumping duties prior to investigation. Comment 7: SeAH’s Reported Credit On June 1, 2016, Auburn liquidation of the relevant entries Expense for Back-to-Back U.S. Sales Manufacturing, Inc. (the Petitioner) during this review period. Failure to Comment 8: Whether To Use SeAH’s submitted a timely request pursuant to comply with this requirement could Reported Nominal Outside Diameter section 733(c)(1) of the Act and 19 CFR result in the Department’s presumption Comment 9: Husteel’s Cost Reallocation 351.205(e) for a 50-day postponement of that reimbursement of antidumping Comment 10: HYSCO’s Cost Reallocation the preliminary determination in this duties occurred and the subsequent Comment 11: SeAH’s Cost Reallocation investigation.2 The petitioner stated that assessment of doubled antidumping Comment 12: Whether To Assign HYSCO’s duties. Cash Deposit Rate to Hyundai Steel 1 See Certain Amorphous Silica Fabric from the Recommendation People’s Republic of China: Initiation of Less-Than- 9 Fair-Value Investigation, 81 FR 8913 (February 23, See Circular Welded Non-Alloy Steel Pipe From [FR Doc. 2016–14425 Filed 6–17–16; 8:45 am] Korea: Notice of Final Court Decision and Amended 2016). Final Determination, 60 FR 55833 (November 3, BILLING CODE 3510–DS–P 2 See Letter from Petitioner, ‘‘Certain Amorphous 1995). Silica Fabric from the People’s Republic of China:

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a postponement is necessary for the the co-managers), for NMFS’s evaluation hatchery programs in the Nooksack Department to conduct a complete and and determination under Limit 6 of the River Basin in Washington State. The thorough analysis. The petitioner Endangered Species Act (ESA) 4(d) Rule HGMPs were updated and submitted to further stated that a postponement is for threatened salmon and steelhead. NMFS from 2013 to 2015, pursuant to needed to allow time to address the The HGMPs specify the propagation of limit 6 of the 4(d) Rule for salmon and various deficiencies in the questionnaire salmon in the Nooksack River Basin in steelhead. The hatchery programs responses submitted in this case. The Washington State. include releases of ESA-listed Chinook petitioner submitted its request more NMFS provides this notice to advise salmon, and non-listed coho, pink, and than 25 days before the scheduled date other agencies and the public of its fall-run chum salmon into the Nooksack of the preliminary determination.3 plans to analyze effects related to the River Basin. For the reasons stated above, and action, and obtain suggestions and NEPA requires Federal agencies to because there are no compelling reasons information that may be useful to the conduct environmental analyses of their to deny the petitioner’s request, the scope of issues and alternatives to proposed major actions to determine if Department is postponing the include in the EIS. the actions may affect the human preliminary determination in this DATES: Written or electronic scoping environment. NMFS’s action of investigation in accordance with section comments must be received at the determining that the co-managers’ 733(c)(1)(A) of the Act and 19 CFR appropriate address or email mailbox HGMPs meet criteria under Limit 6 of 351.205(b)(2) by 50 days until August (see ADDRESSES) no later than 5 p.m. the 4(d) Rule for salmon and steelhead 24, 2016. Pacific Time July 20, 2016. promulgated under the ESA, is a major The deadline for the final Federal action subject to environmental ADDRESSES: Written comments may be review under NEPA. Therefore, NMFS determination will continue to be 75 sent by any of the following methods: days after the date of the preliminary • Email to the following address: is seeking public input on the scope of determination, unless postponed at a [email protected] the required NEPA analysis, including later date. with the following identifier in the the range of reasonable alternatives, This notice is issued and published subject line: Nooksack Hatcheries recommendations for relevant analysis pursuant to section 733(c)(1) of the Act Scoping. methods, and information associated and 19 CFR 351.205(f)(1). • Mail or hand-deliver to NMFS with impacts of the alternatives to the Dated: June 13, 2016. Sustainable Fisheries Division, 510 resources listed below or other relevant Paul Piquado, Desmond Drive SE., Suite 103, Lacey, resources. WA 98503. NMFS will perform an environmental Assistant Secretary for Enforcement and review of the HGMPs and prepare an Compliance. • Fax to (360) 753–9517. Comments received will be available EIS that will identify potentially [FR Doc. 2016–14535 Filed 6–17–16; 8:45 am] significant direct, indirect, and BILLING CODE 3510–DS–P for public inspection, by appointment, during normal business hours at the cumulative impacts on the following above address. All Personal Identifying resources that may be affected by the DEPARTMENT OF COMMERCE Information (for example, name, Proposed Action or its alternatives: • address, etc.) voluntarily submitted by Listed and Non-listed Species and National Oceanic and Atmospheric the commenter may be publicly their habitats Administration • Water Quantity accessible. Do not submit Confidential • Business Information or otherwise Socioeconomics RIN 0648–XE673 • Environmental Justice sensitive or protected information. • Cumulative Impacts Endangered and Threatened Species; FOR FURTHER INFORMATION CONTACT: NMFS will rigorously explore and Take of Anadromous Fish Steve Leider, NMFS, by phone at (360) objectively evaluate a full range of 753–4650, or email to steve.leider@ AGENCY: National Marine Fisheries reasonable alternatives in the EIS, noaa.gov. Service (NMFS), National Oceanic and including the Proposed Action and a no- Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: action alternative. Other alternatives may include a decreased production Commerce. ESA-Listed Species Covered in This alternative. ACTION: Notice of intent to prepare an Notice Environmental Impact Statement; For all potentially significant impacts, request for comments. Steelhead (Oncorhynchus mykiss): the EIS will identify measures to avoid, Threatened, naturally and artificially minimize, and mitigate the impacts, SUMMARY: Pursuant to the National produced in Puget Sound. where feasible. Environmental Policy Act (NEPA), this Chinook salmon (O. tshawytscha): Request for Comments notice announces that NMFS intends to Threatened, naturally and artificially obtain information necessary to prepare produced in Puget Sound. NMFS provides this notice to: (1) an Environmental Impact Statement Chum salmon (O. keta): Threatened, Advise other agencies and the public of (EIS) for 11 Hatchery and Genetic naturally and artificially produced Hood its plans to analyze effects related to the Management Plans (HGMPs) for salmon Canal summer-run. action, and (2) obtain suggestions and hatchery programs jointly submitted by Bull trout (Salvelinus confluentus): information that may be useful to the the Washington Department of Fish and Threatened Puget Sound/Washington scope of issues and the full range of Wildlife (WDFW), the Lummi Nation, Coast. alternatives to include in the EIS. NMFS invites comment from all the Nooksack Indian Tribe, the Upper Background Skagit Indian Tribe, and the Swinomish interested parties to ensure that the full Indian Tribal Community (referred to as The WDFW, the Lummi Nation, the range of issues related to the 11 salmon Nooksack Indian Tribe, the Upper HGMPs is identified. Comments should Request for Extension of the Deadline for the Skagit Indian Tribe, and the Swinomish be as specific as possible. Preliminary Determination,’’ dated June 1, 2016. Indian Tribal Community, have jointly Written comments concerning the 3 See 19 CFR 351.205(e). submitted to NMFS HGMPs for 11 Proposed Action and the environmental

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review should be directed to NMFS as action will be effective on the date Dated: June 15, 2016. described above (see ADDRESSES). All following the end of the comment Aaron Siegel, comments and materials received, period unless comments are received Alternate OSD Federal Register Liaison including names and addresses, will which result in a contrary Officer, Department of Defense. become part of the administrative record determination. and may be released to the public. A0190–45 OPMG ADDRESSES: You may submit comments, Authority SYSTEM NAME: identified by docket number and title, Military Police Reporting Program The environmental review of the 11 by any of the following methods: Records (MPRP) (November 19, 2012, 77 salmon HGMPs in the Nooksack River * Federal Rulemaking Portal: http:// FR 69445). Basin of Washington State will be www.regulations.gov. Follow the conducted in accordance with CHANGES: instructions for submitting comments. requirements of the NEPA of 1969 as SYSTEM ID: amended (42 U.S.C. 4321 et seq.), NEPA * Mail: Department of Defense, Office Delete entry and replace with Regulations (40 CFR parts 1500–1508), of the Deputy Chief Management ‘‘A0190–45 OPMG (CID).’’ other appropriate Federal laws and Officer, Directorate for Oversight and regulations, and policies and procedures Compliance, Regulatory and Audit SYSTEM NAME: of NMFS for compliance with those Matters Office, 4800 Mark Center Drive, Delete entry and replace with regulations. This notice is being Mailbox #24, Alexandria, VA 22350– ‘‘Criminal Investigation Command (CID) furnished in accordance with 40 CFR 1700. Information Management System 1501.7 to obtain suggestions and Instructions: All submissions received Records (CIMS).’’ information from other agencies and the must include the agency name and SYSTEM LOCATION: public on the scope of issues and docket number for this Federal Register alternatives to be addressed in the EIS. Delete entry and replace with document. The general policy for Dated: June 15, 2016. ‘‘Decentralized to Army installations comments and other submissions from which created the Military Police Angela Somma, members of the public is to make these Report. Official mailing addresses are Chief, Endangered Species Division, Office submissions available for public published as an appendix to the Army’s of Protected Resources, National Marine viewing on the Internet at http:// Fisheries Service. compilation of systems of records www.regulations.gov as they are notices. The official copy of the military [FR Doc. 2016–14484 Filed 6–17–16; 8:45 am] received without change, including any police report and other law enforcement BILLING CODE 3510–22–P personal identifiers or contact related documents are maintained at the information. U.S. Army Crime Records Center, 27130 Telegraph Road, Quantico, VA 22134– FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE Ms. 2253. Tracy Rogers, Department of the Army, Department of the Army Automated records of the Military Privacy Office, U.S. Army Records Police Report (MPR) and Reports of [Docket ID USA–2016–HQ–0024] Management and Declassification Investigation (ROI) are maintained by Agency, 7701 Telegraph Road, Casey the U.S. Army Criminal Investigation Privacy Act of 1974; System of Building, Suite 144, Alexandria, VA Command (USACIDC) G6 as part of the Records 22325–3905; telephone (703) 428–6185. CID Information Management Systems AGENCY: Department of the Army, DoD. SUPPLEMENTARY INFORMATION: The (CIMS) suite of Army Law Enforcement (LE) applications located at 27130 ACTION: Notice to alter a System of Department of the Army’s notices for Telegraph Road, Quantico, VA 22134– Records. systems of records subject to the Privacy 2253.’’ Act of 1974 (5 U.S.C. 552a), as amended, SUMMARY: The Department of the Army have been published in the Federal CATEGORIES OF INDIVIDUALS COVERED BY THE proposes to alter a system of records Register and are available from the SYSTEM: notice A0190–45 OPMG, entitled address in FOR FURTHER INFORMATION Delete entry and replace with ‘‘Any ‘‘Military Police Reporting Program CONTACT or from the Defense Privacy individual, civilian, government civilian Records (MPRP)’’ in its existing and Civil Liberties Division Web site at employee, or military personnel, inventory of records systems subject to http://dpcld.defense.gov/. The proposed involved in or suspected of being the Privacy Act of 1974, as amended. involved in, reporting or witnessing This system provides detailed criminal systems reports, as required by 5 U.S.C. possible criminal activity affecting the investigative information to 552a(r) of the Privacy Act, as amended, interests, property, and/or personnel of Commanders and designated Army were submitted on May 27, 2016, to the the U.S. Army.’’ officials to foster a positive House Committee on Oversight and environment, promote and safeguard the Government Reform, the Senate CATEGORIES OF RECORDS IN THE SYSTEM: morale, physical well-being and general Committee on Homeland Security and Delete entry and replace with welfare of soldiers in their units. MPRP Governmental Affairs, and the Office of ‘‘Criminal information or investigative also enables the maintenance of Management and Budget (OMB) files involving the Department of the discipline, law, and order through pursuant to paragraph 4 of Appendix I Army which may consist of military investigation of complaints and to OMB Circular No. A–130, ‘‘Federal police reports or similar reports incidents and possible criminal Agency Responsibilities for Maintaining containing investigative data, prosecution, civil court action, or Records About Individuals,’’ revised supporting or sworn statements, regulatory order in accordance with November 28, 2000 (December 12, 2000 affidavits, provisional passes, receipts United States Law. 65 FR 77677). for prisoners or detained persons, DATES: Comments will be accepted on or reports of action taken, disposition of before July 20, 2016. This proposed cases, results of Army Law Enforcement

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compliance and assessments, police PURPOSE: Federal, state, local and/or foreign law officer credentials, and Military Delete entry and replace with enforcement agencies in accomplishing Working Dog Team records. ‘‘Provides detailed criminal and enforcing criminal laws; analyzing Specific data to include: Name, Social investigative information to modus operandi, detecting organized Security Number (SSN), DOD ID Commanders and designated Army criminal activity, or criminal justice Number, rank, date and place of birth, officials to foster a positive employment. Information may be chronology of events, reports of environment, promote and safeguard the disclosed to foreign countries under the investigation and criminal intelligence morale, physical well-being and general provisions of international agreements reports containing statements of welfare of soldiers in their units. and arrangements including the Status witnesses, suspects, subject and Enables the maintenance of discipline, of Forces Agreements regulating the responding police officer, summary and law, and order through investigation of stationing and status of DoD military administrative data pertaining to complaints and incidents and possible and civilian personnel, or Treaties. To the Department of Veterans Affairs preparation and distribution of the criminal prosecution, civil court action, to adjudicate veteran claims for report, basis for allegations, Serious or or regulatory order in accordance with disability benefits, post-traumatic stress Sensitive Incident Reports, modus United States Law. To conduct criminal investigations, disorder, and other veteran operandi and other investigative crime prevention, prevention of high entitlements. information from Federal, State, and risk behavior and criminal intelligence To Federal, state, and local agencies local investigative and intelligence activities; to accomplish management to comply with the Victim and Witness agencies and departments. Indices studies involving the analysis, Assistance Program and the Victims’ contain codes for the type of crime, compilation of statistics, and quality Rights and Restitution Act of 1990, location of investigation, year and date control, to ensure that completed when the agency is requesting of offense, names and personal investigations are legally sufficient and information on behalf of the individual; identifiers consisting of photos, driver result in overall improvement in local law enforcement agencies and license numbers, Service component, techniques, training and private sector entities for the purposes organization, sex, marital status, height, professionalism. Includes personnel of complying with mandatory weight, eye color, hair color, race, security, internal security, criminal, and background checks, i.e., Brady Handgun ethnicity, complexion, nation of origin, other law enforcement matters, all of Violence Prevention Act (18 U.S.C. 922) home and work telephone numbers, and which are essential to the effective and the National Child Protection Act of citizenship of persons who have been operation of the Department of the 1993 (42 U.S.C. 5119 et seq.); local child subjects of electronic surveillance, Army. protection services or family support suspects, subjects and victims of crimes, To provide Commanders with agencies for the purpose of providing report number which allows access to criminal history reports, in accordance assistance to the individual. records noted above; agencies, firms, with Army Policy, to identify soldiers To victims and witnesses of a crime Army and Defense Department with founded criminal offenses and for purposes of providing information organizations which were the subjects open investigations occurring during consistent with the requirements of the or victims of criminal investigations, their period of service. Victim and Witness Assistance Program, and disposition and suspense of To determine suitability for access or regarding the investigation and offenders listed in criminal investigative continued access to classified disposition of an offense. case files. Witness identification data information; suitability for promotion, To the Immigration and consisting of name, SSN, rank, date and employment, or assignment; suitability Naturalization Service, Department of place of birth, driver license number, for access to military installations or Justice, for use in alien admission and Service Component, organization, sex, industrial firms engaged in government naturalization inquiries conducted marital status, height, weight, eye color, projects/contracts; suitability for awards under Section 105 of the Immigration hair color, race, ethnicity, complexion, or similar benefits; use in current law and Naturalization Act of 1952, as nation of origin, home and work enforcement investigation or program of amended. telephone numbers, and citizenship.’’ any type including applicants; use in The DoD Blanket Routine Uses set judicial or adjudicative proceedings forth at the beginning of the Army’s AUTHORITY FOR MAINTENANCE OF THE SYSTEM: including litigation or in accordance compilation of systems of records with a court order; advising higher notices may also apply to this system. Delete entry and replace with ‘‘10 The complete list of DoD Blanket U.S.C. 3013, Secretary of the Army; 18 authorities and Army commands of the important developments impacting on Routine Uses can be found online at: U.S.C. 921–922, Brady Handgun http://dpcld.defense.gov/Privacy/ Violence Prevention Act; 28 U.S.C. 534, security, good order or discipline; reporting of statistical data to Army SORNsIndex/ Uniform Federal Crime Reporting Act of BlanketRoutineUses.aspx.’’ 1988; 42 U.S.C. 5119 et seq., National commands and higher authority.’’ Child Protection Act of 1993; 42 U.S.C. ROUTINE USES OF RECORDS MAINTAINED IN THE POLICIES AND PRACTICES FOR STORING, 10607, Victims’ Rights and Restitution SYSTEM, INCLUDING CATEGORIES OF USERS AND RETRIEVING, ACCESSING, RETAINING, AND Act of 1990; Section 105 of the THE PURPOSES OF SUCH USES: DISPOSING OF RECORDS IN THE SYSTEM: Immigration and Naturalization Act of Delete entry and replace with ‘‘In STORAGE: 1952; DoD Directive 1030.02, Victim addition to those disclosures generally Delete entry and replace with and Witness Assistance; Army permitted under 5 U.S.C. 552a(b) of the ‘‘Electronic storage media and paper Regulation 190–45, Military Police Law Privacy Act of 1974, as amended, the records.’’ Enforcement Reporting; Army records contained therein may * * * * * Regulation 195–2, Criminal specifically be disclosed outside the Investigation Activities; Army DoD as a routine use pursuant to 5 SAFEGUARDS: Regulation 190–12, Military Police U.S.C. 552a(b)(3) as follows: Delete entry and replace with ‘‘Access Military Working Dog Program; and E.O. Information concerning criminal or to system with sensitive information is 9397 (SSN), as amended.’’ possible criminal activity is disclosed to controlled by DoD Common Access

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Card (CAC) authentication with Public Federal advisory committee meeting INFORMATION CONTACT section. Pursuant Key Infrastructure (PKI) encryption for will take place. to 41 CFR 102–3.140d, the committee is authorized users having a need-to-know. DATES: The meeting will be held on not obligated to allow a member of the CID grants access to the system via DD Monday, July 11, 2016, Time 08:00– public to speak or otherwise address the Form 2875 when endorsed by the 11:00 a.m. Members of the public committee during the meeting, and individual’s supervisor as need to know. wishing to attend the meeting will be members of the public attending the Criminal records reports are sent via required to show a government photo ID committee meeting will not be authorized government electronic mail upon entering West Point in order to permitted to present questions from the with PKI encryption or through a DoD gain access to the meeting location. All floor or speak to any issue under CAC enabled system with members of the public are subject to consideration by the committee. authentication through PKI encryption security screening. Because the committee meeting will be to Commanders with a need-to-know. ADDRESSES: The meeting will be held in held in a Federal Government facility on Need-to-know includes persons whose the Haig Room, Jefferson Hall, West a military post, security screening is official duties require access to Point, New York 10996. required. A government photo ID is information for purposes relating to risk FOR FURTHER INFORMATION CONTACT: Mrs. required to enter post. Please note that assessment and management. Deadra K. Ghostlaw, the Designated security and gate guards have the right Servers are maintained in a secure Federal Officer for the committee, in to inspect vehicles and persons seeking DOD facility with restricted access. writing at: Secretary of the General Staff, to enter and exit the installation. The Paper records stored in secure ATTN: Deadra K. Ghostlaw, 646 Swift United States Military Academy, container/file cabinet with access Road, West Point, NY 10996; by email Jefferson Hall, is fully handicap restricted to those with a need-to- at: [email protected] or BoV@ accessible. Wheelchair access is know.’’ usma.edu; or by telephone at (845) 938– available at the south entrance of the RETENTION AND DISPOSAL: 4200. building. For additional information about public access procedures, contact Delete entry and replace with SUPPLEMENTARY INFORMATION: The Mrs. Ghostlaw, the committee’s ‘‘Criminal investigations data/ committee meeting is being held under Designated Federal Officer, at the email information is retained for 40 years after the provisions of the Federal Advisory address or telephone number listed in date of final report. Committee Act of 1972 (5 U.S.C., FOR FURTHER INFORMATION CONTACT Soldier’s criminal history reports sent Appendix, as amended), the the to commanders are deleted or destroyed Government in the Sunshine Act of section. by shredding after the Soldier departs 1976 (5 U.S.C. 552b, as amended), and Written Comments or Statements: the unit.’’ 41 CFR 102–3.150. The USMA BoV Pursuant to 41 CFR 102–3.105(j) and provides independent advice and 102–3.140 and section 10(a)(3) of the SYSTEM MANAGER AND ADDRESS: recommendations to the President of the Federal Advisory Committee Act, the Delete entry and replace with ‘‘U.S. United States on matters related to public or interested organizations may Army Criminal Investigation Command morale, discipline, curriculum, submit written comments or statements (USACIDC) G6, 27130 Telegraph Road, instruction, physical equipment, fiscal to the committee, in response to the Quantico, VA 22134–2253.’’ affairs, academic methods, and any stated agenda of the open meeting or in * * * * * other matters relating to the Academy regard to the committee’s mission in general. Written comments or CONTESTING RECORD PROCEDURES: that the Board decides to consider. Purpose of the Meeting: This is the statements should be submitted to Mrs. Delete entry and replace with ‘‘The 2016 Summer Meeting of the USMA Ghostlaw, the committee Designated Army’s rules for accessing records and BoV. Members of the Board will be Federal Officer, via electronic mail, the for contesting contents and appealing provided updates on Academy issues. preferred mode of submission, at the initial agency determinations are Proposed Agenda: The Board Chair address listed in the FOR FURTHER contained in 32 CFR part 505, Army will discuss the following topics: INFORMATION CONTACT section. Each page Privacy Program or may be obtained Proposed change to ‘‘Rules of the USMA of the comment or statement must from the system manager.’’ Board of Visitors;’’ Key Events; Second include the author’s name, title or * * * * * Semester Highlights; Class of 2020; affiliation, address, and daytime phone [FR Doc. 2016–14478 Filed 6–17–16; 8:45 am] Summer Military Program Highlights; number. Written comments or BILLING CODE 5001–06–P Women’s Boxing; Intellectual Capital statements should be submitted to Mrs. Update; SHARP (Sexual Harassment Ghostlaw, the committee Designated and Assault Response and Prevention) Federal Officer, via electronic mail, the DEPARTMENT OF DEFENSE Update; Athletic Department preferred mode of submission, at the Restructure Update; USMA address listed in the FOR FURTHER Department of the Army Construction Update; and Upcoming INFORMATION CONTACT section. Written Events. comments or statements being Board of Visitors, United States Public’s Accessibility to the Meeting: submitted in response to the agenda set Military Academy (USMA) Pursuant to 5 U.S.C. 552b and 41 CFR forth in this notice must be received by AGENCY: Department of the Army, DoD. 102–3.140 through 102–3.165 and the Designated Federal Official at least ACTION: Notice of committee meeting. subject to the availability of space, this seven business days prior to the meeting meeting is open to the public. Seating is to be considered by the committee. The SUMMARY: Under the provisions of the on a first to arrive basis. Attendees are Designated Federal Official will review Federal Advisory Committee Act of requested to submit their name, all timely submitted written comments 1972 (5 U.S.C., Appendix, as amended), affiliation, and daytime phone number or statements with the committee the Government in the Sunshine Act of seven business days prior to the meeting Chairperson and ensure the comments 1976 (5 U.S.C. 552b, as amended), and to Mrs. Ghostlaw, via electronic mail, are provided to all members of the 41 CFR 102–3.150, the Department of the preferred mode of submission, at the committee before the meeting. Written Defense announces that the following address listed in the FOR FURTHER comments or statements received after

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this date may not be provided to the Systems to Adult Sexual Assault Crimes DEPARTMENT OF EDUCATION committee until its next meeting. Panel. Panel members will be appointed [Docket No. ED–2016–ICCD–0071] Pursuant to 41 CFR 102–3.140d, the as experts or consultants pursuant to 5 committee is not obligated to allow a U.S.C. 3109 to serve as special Agency Information Collection member of the public to speak or government employee members. Each Activities; Submission to the Office of otherwise address the committee during member is appointed to provide advice Management and Budget for Review the meeting. However, the committee on behalf of the Government on the and Approval; Comment Request; Part Designated Federal Official and basis of their best judgment without D Discretionary Grant Application— Chairperson may choose to invite representing any particular point of Individuals With Disabilities Education certain submitters to present their view and in a manner that is free from Act (1894–0001) comments verbally during the open conflict of interest. Except for portion of this meeting or at a future AGENCY: Department of Education (ED), reimbursement of official Panel-related meeting. The Designated Federal Office of Special Education and travel and per diem, members serve Officer, in consultation with the Rehabilitative Services (OSERS). without compensation. The DoD, as committee Chairperson, may allot a ACTION: Notice. specific amount of time for submitters to necessary and consistent with the present their comments verbally. Panel’s mission and DoD policies and SUMMARY: In accordance with the procedures, may establish Paperwork Reduction Act of 1995 (44 Brenda S. Bowen, subcommittees, task forces, or working U.S.C. chapter 3501 et seq.), ED is Army Federal Register Liaison Officer. groups to support the Panel, and all proposing an extension of an existing [FR Doc. 2016–14510 Filed 6–17–16; 8:45 am] subcommittees must operate under the information collection. BILLING CODE 3710–08–P provisions of FACA and the DATES: Interested persons are invited to Government in the Sunshine Act. submit comments on or before July 20, Subcommittees will not work 2016. DEPARTMENT OF DEFENSE independently of the Panel and must ADDRESSES: To access and review all the Office of the Secretary report all recommendations and advice documents related to the information solely to the Panel for full deliberation collection listed in this notice, please Charter Renewal of Department of and discussion. Subcommittees, task use http://www.regulations.gov by Defense Federal Advisory Committees forces, or working groups have no searching the Docket ID number ED– authority to make decisions and 2016–ICCD–0071. Comments submitted AGENCY: Department of Defense. recommendations, verbally or in in response to this notice should be ACTION: Renewal of Federal Advisory writing, on behalf of the Panel. No submitted electronically through the Committee. subcommittee or any of its members can Federal eRulemaking Portal at http:// www.regulations.gov by selecting the SUMMARY: The Department of Defense update or report, verbally or in writing, directly to the DoD or any Federal Docket ID number or via postal mail, (DoD) is publishing this notice to commercial delivery, or hand delivery. officers or employees. The Panel’s DFO, announce that it is renewing the charter Please note that comments submitted by pursuant to DoD policy, must be a full- for the Judicial Proceedings Since Fiscal fax or email and those submitted after time or permanent part-time DoD Year 2012 Amendments Panel (‘‘the the comment period will not be Panel’’). employee, and must be in attendance for accepted. Written requests for the duration of each and every Panel/ FOR FURTHER INFORMATION CONTACT: Jim information or comments submitted by subcommittee meeting. The public or Freeman, Advisory Committee postal mail or delivery should be Management Officer for the Department interested organizations may submit addressed to the Director of the of Defense, 703–692–5952. written statements to the Panel Information Collection Clearance membership about the Panel’s mission SUPPLEMENTARY INFORMATION: This Division, U.S. Department of Education, and functions. Such statements may be committee’s charter is being renewed in 400 Maryland Avenue SW., LBJ, Room accordance with the Federal Advisory submitted at any time or in response to 2E–349, Washington, DC 20202–4537. Committee Act (FACA) of 1972 (5 the stated agenda of planned Panel FOR FURTHER INFORMATION CONTACT: For U.S.C., Appendix, as amended) and 41 meetings. All written statements must specific questions related to collection CFR 102–3.50(a). The charter and be submitted to the Panel’s DFO who activities, please contact Debra contact information for the Panel’s will ensure the written statements are Sturdivant, 202–245–7539. Designated Federal Officer (DFO) can be provided to the membership for their SUPPLEMENTARY INFORMATION: The obtained at http://www.facadatabase. consideration. Department of Education (ED), in gov/. Dated: June 15, 2016. accordance with the Paperwork The Panel will conduct an Aaron Siegel, Reduction Act of 1995 (PRA) (44 U.S.C. independent review and assessment of 3506(c)(2)(A)), provides the general judicial proceedings conducted under Alternate OSD Federal Register Liaison public and Federal agencies with an Officer, Department of Defense. the Uniform Code of Military Justice opportunity to comment on proposed, (UCMJ) involving adult sexual assault [FR Doc. 2016–14482 Filed 6–17–16; 8:45 am] revised, and continuing collections of and related offenses since the BILLING CODE 5001–06–P information. This helps the Department amendments made to the UCMJ by assess the impact of its information section 541 of the National Defense collection requirements and minimizes Authorization Act for Fiscal Year 2012 the public’s reporting burden. It also for the purpose of developing helps the public understand the recommendations for improvements to Department’s information collection such proceedings. The Panel shall requirements and provide the requested consist of five members, two of whom data in the desired format. ED is must have served on the Response soliciting comments on the proposed

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information collection request (ICR) that Catalog of Federal Domestic Assistance assistance under sections 316 through is described below. The Department of (CFDA) Number: 84.274A. 320 of part A of title III, under part B Education is especially interested in DATES: of title III, or under title V of the HEA. public comment addressing the Applications Available: June 20, 2016. Note: You may view lists of title III- and following issues: (1) Is this collection Deadline for Transmittal of title V-eligible institutions at the following necessary to the proper functions of the Applications: August 4, 2016. link: https://ww2.ed.gov/about/offices/list/ Department; (2) will this information be Deadline for Intergovernmental ope/idues/t3t5-eligibiles-2015.pdf. The processed and used in a timely manner; Review: October 3, 2016. eligibility status is still current for (3) is the estimate of burden accurate; institutions listed at this link. You may also Full Text of Announcement (4) how might the Department enhance view the list of Historically Black Colleges and Universities at 34 CFR 608.2. the quality, utility, and clarity of the I. Funding Opportunity Description Invitational Priority 2. Projects that information to be collected; and (5) how Purpose of Program: The American propose to leverage technology to might the Department minimize the Overseas Research Centers (AORC) provide open access to the AORC’s burden of this collection on the Program provides grants to consortia of resources such as conference respondents, including through the use institutions of higher education (IHEs) proceedings, and teaching, research, and of information technology. Please note to establish or operate an AORC that outreach materials for use by the that written comments received in promotes postgraduate research, scholarly and general public. response to this notice will be exchanges, and area studies. considered public records. AORC grants may be used to pay all Program Authority: 20 U.S.C. 1128a. Title of Collection: Part D or a portion of the cost of establishing Areas of National Need: In Discretionary Grant Application— or operating a center or program, accordance with section 601(c) of the Individuals with Disabilities Education including: The cost of operation and HEA (20 U.S.C. 1121(c)) the Secretary Act (1894–0001). maintenance of overseas facilities; the has consulted with and received OMB Control Number: 1820–0028. cost of organizing and managing recommendations regarding national Type of Review: An extension of an conferences; the cost of teaching and need for expertise in foreign languages existing information collection. research materials; the cost of Respondents/Affected Public: State, and world regions from the head acquisition, maintenance, and Local, and Tribal Governments. officials of a wide range of Federal preservation of library collections; the Total Estimated Number of Annual agencies. The Secretary has taken these cost of bringing visiting scholars and Responses: 800. recommendations into account, and a Total Estimated Number of Annual faculty to the center to teach or to list of foreign languages and world Burden Hours: 20,000. conduct research; the cost of faculty and regions identified by the Secretary as Abstract: Under the Individuals with staff stipends and salaries; the cost of areas of national need may be found on Disabilities Education Act discretionary faculty, staff, and student travel; and the the following Web site: http:// grants are authorized to support cost of publication and dissemination of www2.ed.gov/about/offices/list/ope/ technology, State personnel materials for the scholarly and general iegps/consultation-2016.pdf. development, personnel preparation, public. Applicable Regulations: (a) The parent training and information, and Priorities: This notice contains two Education Department General technical assistance activities. This invitational priorities. Administrative Regulations (EDGAR) in grant application provides the forms Invitational Priority: Under 34 CFR 34 CFR parts 75, 77, 79, 82, 84, 86, 97, and information necessary for 75.105(c)(1), we do not give an 98, and 99. (b) The Office of applicants to submit an application for application that meets the priority a Management and Budget (OMB) funding, and information for use by competitive or absolute preference over Guidelines to Agencies on technical reviewers to determine the other applications. Governmentwide Debarment and quality of the application. These priorities are: Suspension (Nonprocurement) in 2 CFR Invitational Priority 1. Projects that part 180, as adopted and amended as Dated: June 15, 2016. propose outreach and related activities regulations of the Department in 2 CFR Tomakie Washington, designed to inform scholars and faculty part 3485. (c) The Uniform Acting Director, Information Collection at community colleges and minority- Administrative Requirements, Cost Clearance Division, Office of the Chief Privacy serving institutions of potential Principles, and Audit Requirements for Officer, Office of Management. fellowships and other research and Federal Awards in 2 CFR part 200, as [FR Doc. 2016–14488 Filed 6–17–16; 8:45 am] professional development opportunities adopted and amended as regulations of BILLING CODE 4000–01–P at the AORC and encourage and the Department in 2 CFR part 3474. facilitate the participation of these Note: The regulations in 34 CFR part 86 individuals in AORC programs. DEPARTMENT OF EDUCATION apply to institutions of higher education For the purpose of this priority: only. Community college means an Applications for New Awards; institution that meets the definition in II. Award Information American Overseas Research Centers section 312(f) of the Higher Education Program Type of Award: Discretionary grants. Act of 1965, as amended (HEA) (20 Estimated Available Funds: $650,000. AGENCY: Office of Postsecondary U.S.C. 1058(f)); or an institution of Contingent upon the availability of Education, Department of Education. higher education (as defined in section funds and the quality of applications, ACTION: Notice. 101 of the HEA) that awards degrees and we may make additional awards in FY certificates, more than 50 percent of 2017 from the list of unfunded Overview Information: which are not bachelor’s degrees (or an applications from this competition. American Overseas Research Centers equivalent) or master’s, professional, or Estimated Range of Awards: $48,000– Program other advanced degrees. $65,000 per year. Notice inviting applications for new Minority-serving institution means an Estimated Average Size of Awards: awards for fiscal year (FY) 2016 institution that is eligible to receive $56,000 per year.

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Maximum Award: The maximum project narrative, including titles, part 79. Information about award amount is $65,000. We will reject headings, footnotes, quotations, Intergovernmental Review of Federal any application that proposes a budget references, and captions, as well as all Programs under Executive Order 12372 exceeding $65,000 for a single budget text in figures and graphs. Text in charts is in the application package for this period of 12 months. and tables may be single-spaced. You program. Estimated Number of Awards: 10. should also include a table of contents 5. Funding Restrictions: We reference Note: The Department is not bound by any in the project narrative, which will not regulations outlining funding estimates in this notice. be counted against the page limit. restrictions in the Applicable • Project Period: Up to 48 months. Use a font that is either 12 point or Regulations section of this notice. larger, or no smaller than 10 pitch 6. Data Universal Numbering System III. Eligibility Information (characters per inch). Number, Taxpayer Identification • 1. Eligible Applicants: Consortia of Use one of the following fonts: Number, and System for Award United States institutions of higher Times New Roman, Courier, Courier Management: To do business with the education that receive more than 50 New, or Arial. An application submitted Department of Education, you must— percent of their funding from public or in any other font (including Times a. Have a Data Universal Numbering private United States sources, have a Roman and Arial Narrow) will not be System (DUNS) number and a Taxpayer permanent presence in the country in accepted. Identification Number (TIN); which the center is located, and are The page limit does not apply to Part b. Register both your DUNS number organizations described in section I, the Application for Federal Assistance and TIN with the System for Award 501(c)(3) of the Internal Revenue Code face sheet (SF 424); Part II, the Budget Management (SAM) (formerly the of 1986, which are exempt from taxation Information Summary form (ED Form Central Contractor Registry), the under section 501(a) of such code. 524); Part III A, the one-page Project Government’s primary registrant 2. Cost Sharing or Matching: This Abstract form; Part III B, the database; program does not require cost sharing or Performance Measure Form(s); and Part c. Provide your DUNS number and matching. IV, the Assurances and Certifications. TIN on your application; and You must include your complete d. Maintain an active SAM IV. Application and Submission response to the selection criteria and registration with current information Information priorities in Part III, the Project while your application is under review 1. Address to Request Application Narrative. by the Department and, if you are Package: Cheryl E. Gibbs, U.S. We will reject your application if you awarded a grant, during the project Department of Education, 400 Maryland exceed the page limit. period. Avenue SW., Room 3E245, Washington, 3. Submission Dates and Times: You can obtain a DUNS number from DC 20202–4260. Telephone: (202) 453– Applications Available: June 20, 2016. Dun and Bradstreet at the following 5690 or by email: [email protected]. Deadline for Transmittal of Web site: http://fedgov.dnb.com/ If you use a telecommunications Applications: August 4, 2016. webform. A DUNS number can be device for the deaf (TDD) or a text Applications for grants under this created within one to two business days. telephone (TTY), call the Federal Relay program must be submitted If you are a corporate entity, agency, Service (FRS), toll free, at 1–800–877– electronically using the Grants.gov institution, or organization, you can 8339. Apply site (Grants.gov). For information obtain a TIN from the Internal Revenue Individuals with disabilities can (including dates and times) about how Service. If you are an individual, you obtain a copy of the application package to submit your application can obtain a TIN from the Internal in an accessible format (e.g., braille, electronically, or in paper format by Revenue Service or the Social Security large print, audiotape, or compact disc) mail or hand delivery if you qualify for Administration. If you need a new TIN, by contacting the program contact an exception to the electronic please allow two to five weeks for your person listed in this section. submission requirement, please refer to TIN to become active. 2. Content and Form of Application Other Submission Requirements in The SAM registration process can take Submission: Requirements concerning section IV of this notice. approximately seven business days, but the content of an application, together We do not consider an application may take upwards of several weeks, with the forms you must submit, are in that does not comply with the deadline depending on the completeness and the application package for this requirements. accuracy of the data you enter into the Individuals with disabilities who program. SAM database. Thus, if you think you Page Limit: The application narrative need an accommodation or auxiliary aid might want to apply for Federal is where you, the applicant, address the in connection with the application financial assistance under a program selection criteria that reviewers use to process should contact the person listed administered by the Department, please evaluate your application. You must under FOR FURTHER INFORMATION allow sufficient time to obtain and limit the application narrative (Part III) CONTACT in section VII of this notice. If register your DUNS number and TIN. to no more than 30 pages. Partial pages the Department provides an We strongly recommend that you will count as a full page toward the page accommodation or auxiliary aid to an register early. limit. For the purpose of determining individual with a disability in compliance with the page limit, each connection with the application Note: Once your SAM registration is active, page on which there are words will be process, the individual’s application it may be 24 to 48 hours before you can counted as one full page. Applicants remains subject to all other access the information in, and submit an application through, Grants.gov. must use the following standards: requirements and limitations in this • A ‘‘page’’ is 8.5″ x 11″, on one side notice. If you are currently registered with only, with 1″ margins at the top, bottom, Deadline for Intergovernmental SAM, you may not need to make any and both sides. Page numbers and an Review: October 3, 2016. changes. However, please make certain identifier may be within the 1″ margin. 4. Intergovernmental Review: This that the TIN associated with your DUNS • Double space (no more than three program is subject to Executive Order number is correct. Also note that you lines per vertical inch) all text in the 12372 and the regulations in 34 CFR will need to update your registration

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annually. This may take three or more through the site, as well as the hours of • You must upload any narrative business days. operation. sections and all other attachments to Information about SAM is available at • Applications received by your application as files in a read-only, www.SAM.gov. To further assist you Grants.gov are date and time stamped. non-modifiable Portable Document with obtaining and registering your Your application must be fully Format (PDF). Do not upload an DUNS number and TIN in SAM or uploaded and submitted and must be interactive or fillable PDF file. If you updating your existing SAM account, date and time stamped by the upload a file type other than a read- we have prepared a SAM.gov Tip Sheet, Grants.gov system no later than 4:30:00 only, non-modifiable PDF (e.g., Word, which you can find at: http:// p.m., Washington, DC time, on the Excel, WordPerfect, etc.) or submit a www2.ed.gov/fund/grant/apply/sam- application deadline date. Except as password-protected file, we will not faqs.html. otherwise noted in this section, we will review that material. Please note that In addition, if you are submitting your not accept your application if it is this could result in your application not application via Grants.gov, you must (1) received—that is, date and time being considered for funding because be designated by your organization as an stamped by the Grants.gov system—after the material in question—for example, Authorized Organization Representative 4:30:00 p.m., Washington, DC time, on the project narrative—is critical to a (AOR); and (2) register yourself with the application deadline date. We do meaningful review of your proposal. For Grants.gov as an AOR. Details on these not consider an application that does that reason it is important to allow steps are outlined at the following not comply with the deadline yourself adequate time to upload all Grants.gov Web page: www.grants.gov/ requirements. When we retrieve your material as PDF files. The Department web/grants/register.html. application from Grants.gov, we will will not convert material from other 7. Other Submission Requirements: notify you if we are rejecting your formats to PDF. Applications for grants under this application because it was date and time • Your electronic application must program must be submitted stamped by the Grants.gov system after comply with any page-limit electronically unless you qualify for an 4:30:00 p.m., Washington, DC time, on requirements described in this notice. exception to this requirement in the application deadline date. • After you electronically submit accordance with the instructions in this • The amount of time it can take to your application, you will receive from section. upload an application will vary Grants.gov an automatic notification of a. Electronic Submission of depending on a variety of factors, receipt that contains a Grants.gov Applications. including the size of the application and tracking number. This notification Applications for grants under the the speed of your Internet connection. indicates receipt by Grants.gov only, not American Overseas Research Centers Therefore, we strongly recommend that receipt by the Department. Grants.gov Program, CFDA Number 84.274A, must you do not wait until the application will also notify you automatically by be submitted electronically using the deadline date to begin the submission email if your application met all the Governmentwide Grants.gov Apply site process through Grants.gov. Grants.gov validation requirements or if at www.Grants.gov. Through this site, • You should review and follow the there were any errors (such as you will be able to download a copy of Education Submission Procedures for submission of your application by the application package, complete it submitting an application through someone other than a registered offline, and then upload and submit Grants.gov that are included in the Authorized Organization Representative your application. You may not email an application package for this program to or inclusion of an attachment with a file electronic copy of a grant application to ensure that you submit your application name that contains special characters). us. in a timely manner to the Grants.gov You will be given an opportunity to system. You can also find the Education We will reject your application if you correct any errors and resubmit, but you Submission Procedures pertaining to submit it in paper format unless, as must still meet the deadline for Grants.gov under News and Events on described elsewhere in this section, you submission of applications. qualify for one of the exceptions to the the Department’s G5 system home page electronic submission requirement and at www.G5.gov. In addition, for specific Once your application is successfully submit, no later than two weeks before guidance and procedures for submitting validated by Grants.gov, the Department the application deadline date, a written an application through Grants.gov, will retrieve your application from statement to the Department that you please refer to the Grants.gov Web site Grants.gov and send you an email with qualify for one of these exceptions. at: www.grants.gov/web/grants/ a unique PR/Award number for your Further information regarding applicants/apply-for-grants.html. application. calculation of the date that is two weeks • You will not receive additional These emails do not mean that your before the application deadline date is point value because you submit your application is without any disqualifying provided later in this section under application in electronic format, nor errors. While your application may have Exception to Electronic Submission will we penalize you if you qualify for been successfully validated by Requirement. an exception to the electronic Grants.gov, it must also meet the You may access the electronic grant submission requirement, as described Department’s application requirements application for the Training Program at elsewhere in this section, and submit as specified in this notice and in the www.Grants.gov. You must search for your application in paper format. application instructions. Disqualifying the downloadable application package • You must submit all documents errors could include, for instance, for this program by the CFDA number. electronically, including all information failure to upload attachments in a read- Do not include the CFDA number’s you typically provide on the following only, non-modifiable PDF; failure to alpha suffix in your search (e.g., search forms: The Application for Federal submit a required part of the for 84.274, not 84.274A). Assistance (SF 424), the Department of application; or failure to meet applicant Please note the following: Education Supplemental Information for eligibility requirements. It is your • When you enter the Grants.gov site, SF 424, Budget Information—Non- responsibility to ensure that your you will find information about Construction Programs (ED 524), and all submitted application has met all of the submitting an application electronically necessary assurances and certifications. Department’s requirements.

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• We may request that you provide us falls on a Federal holiday, the next If you qualify for an exception to the original signatures on forms at a later business day following the Federal electronic submission requirement, you date. holiday), you mail or fax a written (or a courier service) may deliver your Application Deadline Date Extension statement to the Department, explaining paper application to the Department by in Case of Technical Issues with the which of the two grounds for an hand. You must deliver the original and Grants.gov System: If you are exception prevents you from using the two copies of your application by hand, experiencing problems submitting your Internet to submit your application. on or before the application deadline application through Grants.gov, please If you mail your written statement to date, to the Department at the following contact the Grants.gov Support Desk, the Department, it must be postmarked address: U.S. Department of Education, toll free, at 1–800–518–4726. You must no later than two weeks before the Application Control Center, Attention: obtain a Grants.gov Support Desk Case application deadline date. If you fax (CFDA Number 84.274A), 550 12th Number and must keep a record of it. your written statement to the Street SW., Room 7041, Potomac Center If you are prevented from Department, we must receive the faxed Plaza, Washington, DC 20202–4260. electronically submitting your statement no later than two weeks The Application Control Center application on the application deadline before the application deadline date. accepts hand deliveries daily between date because of technical problems with Address and mail or fax your 8:00 a.m. and 4:30:00 p.m., Washington, the Grants.gov system, we will grant you statement to: Cheryl E. Gibbs, U.S. DC time, except Saturdays, Sundays, an extension until 4:30:00 p.m., Department of Education, 400 Maryland and Federal holidays. Washington, DC time, the following Avenue SW., Room 3E245, Washington, Note for Mail or Hand Delivery of Paper business day to enable you to transmit DC 20202–4260. FAX: (202) 453–5780. Applications: If you mail or hand deliver your application electronically or by Your paper application must be your application to the Department— hand delivery. You also may mail your submitted in accordance with the mail (1) You must indicate on the envelope application by following the mailing or hand delivery instructions described and—if not provided by the Department—in instructions described elsewhere in this in this notice. Item 11 of the SF 424 the CFDA number, notice. b. Submission of Paper Applications including suffix letter, if any, of the If you submit an application after by Mail. competition under which you are submitting 4:30:00 p.m., Washington, DC time, on If you qualify for an exception to the your application; and the application deadline date, please (2) The Application Control Center will electronic submission requirement, you mail to you a notification of receipt of your FOR contact the person listed under may mail (through the U.S. Postal grant application. If you do not receive this FURTHER INFORMATION CONTACT in Service or a commercial carrier) your notification within 15 business days from the section VII of this notice and provide an application to the Department. You application deadline date, you should call explanation of the technical problem must mail the original and two copies the U.S. Department of Education you experienced with Grants.gov, along of your application, on or before the Application Control Center at (202) 245– with the Grants.gov Support Desk Case application deadline date, to the 6288. Number. We will accept your Department at the following address: application if we can confirm that a Note: Applicants must include in the one- U.S. Department of Education, page abstract submitted with the application technical problem occurred with the Application Control Center, Attention: a statement indicating if they have addressed Grants.gov system and that the problem (CFDA Number 84.274A), LBJ Basement the invitational priorities. affected your ability to submit your Level 1, 400 Maryland Avenue SW., application by 4:30:00 p.m., Washington, DC 20202–4260. V. Application Review Information Washington, DC time, on the You must show proof of mailing 1. Selection Criteria: The selection application deadline date. We will consisting of one of the following: criteria for this program are in 34 CFR contact you after we determine whether (1) A legibly dated U.S. Postal Service 75.209(a) and 75.210 in EDGAR, and are your application will be accepted. postmark. listed in the application package. Note: The extensions to which we refer in (2) A legible mail receipt with the 2. Review and Selection Process: We this section apply only to the unavailability date of mailing stamped by the U.S. remind potential applicants that in of, or technical problems with, the Grants.gov Postal Service. reviewing applications in any system. We will not grant you an extension (3) A dated shipping label, invoice, or if you failed to fully register to submit your discretionary grant competition, the receipt from a commercial carrier. Secretary may consider, under 34 CFR application to Grants.gov before the (4) Any other proof of mailing application deadline date and time or if the 75.217(d)(3), the past performance of the technical problem you experienced is acceptable to the Secretary of the U.S. applicant in carrying out a previous unrelated to the Grants.gov system. Department of Education. award, such as the applicant’s use of If you mail your application through Exception to Electronic Submission funds, achievement of project the U.S. Postal Service, we do not objectives, and compliance with grant Requirement: You qualify for an accept either of the following as proof exception to the electronic submission conditions. The Secretary may also of mailing: consider whether the applicant failed to requirement, and may submit your (1) A private metered postmark. application in paper format, if you are submit a timely performance report or (2) A mail receipt that is not dated by submitted a report of unacceptable unable to submit an application through the U.S. Postal Service. the Grants.gov system because— quality. • You do not have access to the Note: The U.S. Postal Service does not In addition, in making a competitive Internet; or uniformly provide a dated postmark. Before grant award, the Secretary requires • You do not have the capacity to relying on this method, you should check various assurances including those upload large documents to the with your local post office. applicable to Federal civil rights laws Grants.gov system; and We will not consider applications that prohibit discrimination in programs • No later than two weeks before the postmarked after the application or activities receiving Federal financial application deadline date (14 calendar deadline date. assistance from the Department of days or, if the fourteenth calendar day c. Submission of Paper Applications Education (34 CFR 100.4, 104.5, 106.4, before the application deadline date by Hand Delivery. 108.8, and 110.23).

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For this competition, a panel of non- information as directed by the Secretary VIII. Other Information Federal reviewers will review each under 34 CFR 75.118. The Secretary Accessible Format: Individuals with application in accordance with the may also require more frequent disabilities can obtain this document selection criteria in 34 CFR 75.209 and performance reports under 34 CFR and a copy of the application package in 75.210. The individual scores of the 75.720(c). Performance reports for the an accessible format (e.g., braille, large reviewers will be added and the sum AORC Program must be submitted print, audiotape, or compact disc) on divided by the number of reviewers to electronically using the International request to the program contact person determine the peer review score Resource Information System (IRIS), the listed under FOR FURTHER INFORMATION received in the review process. International and Foreign Language CONTACT in section VII of this notice. 3. Risk Assessment and Special Education office Web-based reporting Electronic Access to This Document: Conditions: Consistent with 2 CFR system. For information about the The official version of this document is 200.205, before awarding grants under system and to view the instructions on this program the Department conducts a the document published in the Federal reporting, please go to http://iris.ed.gov/ Register. Free Internet access to the review of the risks posed by applicants. iris/pdfs/AORC.pdf. Under 2 CFR 3474.10, the Secretary may official edition of the Federal Register (c) Under 34 CFR 75.250(b), the and the Code of Federal Regulations is impose special conditions and, in Secretary may provide a grantee with appropriate circumstances, high-risk available via the Federal Digital System additional funding for data collection at: www.gpo.gov/fdsys. At this site you conditions on a grant if the applicant or analysis and reporting. In this case the grantee is not financially stable; has a can view this document, as well as all Secretary establishes a data collection other documents of this Department history of unsatisfactory performance; period. has a financial or other management published in the Federal Register, in 4. Performance Measures: The system that does not meet the standards text or PDF. To use PDF you must have Department intends to use the following in 2 CFR part 200, subpart D; has not Adobe Acrobat Reader, which is program measures to assess the fulfilled the conditions of a prior grant; available free at the site. effectiveness of the Overseas Centers You may also access documents of the or is otherwise not responsible. projects: Department published in the Federal VI. Award Administration Information AORC Performance Measure: Number Register by using the article search 1. Award Notices: If your application of individuals conducting postgraduate feature at: www.federalregister.gov. is successful, we notify your U.S. research utilizing the services of Title VI Specifically, through the advanced Representative and U.S. Senators and AORCs. search feature at this site, you can limit send you a Grant Award Notification AORC Performance Measure: your search to documents published by (GAN); or we may send you an email Percentage of AORC Program the Department. containing a link to access an electronic participants who advanced in their Dated: June 15, 2016. version of your GAN. We may notify professional field two years after their Lynn B. Mahaffie, you informally, also. participation. Deputy Assistant Secretary for Policy, If your application is not evaluated or 5. Continuation Awards: In making a Planning, and Innovation, Delegated the not selected for funding, we notify you. continuation grant under 34 CFR Duties of the Assistant Secretary for 2. Administrative and National Policy 75.253, the Secretary considers, among Postsecondary Education. Requirements: We identify other things: Whether a grantee has [FR Doc. 2016–14528 Filed 6–17–16; 8:45 am] administrative and national policy made substantial progress in achieving BILLING CODE 4000–01–P requirements in the application package the goals and objectives of the project; and reference these and other whether the grantee has expended funds requirements in the Applicable in a manner that is consistent with its DEPARTMENT OF ENERGY Regulations section of this notice. approved application and budget; and, We reference the regulations outlining if the Secretary has established Federal Energy Regulatory the terms and conditions of an award in performance measurement Commission the Applicable Regulations section of requirements, the performance targets in this notice and include these and other the grantee’s approved application. Combined Notice of Filings #1 specific conditions in the GAN. The In making a continuation grant, the GAN also incorporates your approved Take notice that the Commission Secretary also considers whether the application as part of your binding received the following electric rate grantee is operating in compliance with commitments under the grant. filings: 3. Reporting: (a) If you apply for a the assurances in its approved Docket Numbers: ER14–2952–005. grant under this competition, you must application, including those applicable Applicants: Midcontinent ensure that you have in place the to Federal civil rights laws that prohibit Independent System Operator, Inc. necessary processes and systems to discrimination in programs or activities Description: Report Filing: 2016–06– comply with the reporting requirements receiving Federal financial assistance 14_SSR Cost Allocation Refund Report in 2 CFR part 170 should you receive from the Department (34 CFR 100.4, to be effective N/A. funding under the competition. This 104.5, 106.4, 108.8, and 110.23). Filed Date: 6/14/16. does not apply if you have an exception VII. Agency Contacts Accession Number: 20160614–5037. under 2 CFR 170.110(b). Comments Due: 5 p.m. ET 7/5/16. (b) At the end of your project period, FOR FURTHER INFORMATION CONTACT: Docket Numbers: ER15–767–002. you must submit a final performance Cheryl E. Gibbs, U.S. Department of Applicants: Midcontinent report, including financial information, Education, 400 Maryland Avenue SW., Independent System Operator, Inc. as directed by the Secretary. If you Room 3E245, Washington, DC 20202– Description: Report Filing: 2016–06– receive a multiyear award, you must 4260. Telephone: (202) 453–5690 or by 14_White Pine 2 Refund Report to be submit an annual performance report email: [email protected]. effective N/A. that provides the most current If you use a TDD or a TTY, call the Filed Date: 6/14/16. performance and financial expenditure FRS, toll free, at 1–800–877–8339. Accession Number: 20160614–5047.

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Comments Due: 5 p.m. ET 7/5/16. and 214 of the Commission’s decisional record of the proceeding. Docket Numbers: ER16–628–002. Regulations (18 CFR 385.211 and Unless the Commission determines that Applicants: Florida Power & Light 385.214) on or before 5:00 p.m. Eastern the prohibited communication and any Company. time on the specified comment date. responses thereto should become a part Description: Compliance filing: Protests may be considered, but of the decisional record, the prohibited Florida Power & Light Company Market- intervention is necessary to become a off-the-record communication will not Based Rate Tariff Compliance Filing to party to the proceeding. be considered by the Commission in be effective 5/21/2016. eFiling is encouraged. More detailed reaching its decision. Parties to a Filed Date: 6/14/16. information relating to filing proceeding may seek the opportunity to requirements, interventions, protests, respond to any facts or contentions Accession Number: 20160614–5114. service, and qualifying facilities filings made in a prohibited off-the-record Comments Due: 5 p.m. ET 7/5/16. can be found at: http://www.ferc.gov/ communication, and may request that Docket Numbers: ER16–1920–000. docs-filing/efiling/filing-req.pdf. For the Commission place the prohibited Applicants: Tucson Electric Power other information, call (866) 208–3676 communication and responses thereto Company. (toll free). For TTY, call (202) 502–8659. in the decisional record. The Description: § 205(d) Rate Filing: Dated: June 14, 2016. Commission will grant such a request Revised Interconnection Agreement and only when it determines that fairness so Nathaniel J. Davis, Sr., Transmission Service Agreement to be requires. Any person identified below as effective 8/15/2016. Deputy Secretary. having made a prohibited off-the-record Filed Date: 6/14/16. [FR Doc. 2016–14517 Filed 6–17–16; 8:45 am] communication shall serve the Accession Number: 20160614–5066. BILLING CODE 6717–01–P document on all parties listed on the Comments Due: 5 p.m. ET 7/5/16. official service list for the applicable proceeding in accordance with Rule Docket Numbers: ER16–1921–000. DEPARTMENT OF ENERGY Applicants: New England Power 2010, 18 CFR 385.2010. Company. Federal Energy Regulatory Exempt off-the-record Description: Notice of Cancellation of Commission communications are included in the Prior Service Agreement of New decisional record of the proceeding, England Power Company. [Docket No. RM98–1–000] unless the communication was with a cooperating agency as described by 40 Filed Date: 6/14/16. Records Governing Off-the-Record CFR 1501.6, made under 18 CFR Accession Number: 20160614–5126. Communications; Public Notice Comments Due: 5 p.m. ET 7/5/16. 385.2201(e)(1)(v). Docket Numbers: ER16–1922–000. This constitutes notice, in accordance The following is a list of off-the- with 18 CFR 385.2201(b), of the receipt record communications recently Applicants: Midcontinent of prohibited and exempt off-the-record received by the Secretary of the Independent System Operator, Inc. communications. Commission. The communications Description: Compliance filing: 2016– Order No. 607 (64 FR 51222, listed are grouped by docket numbers in 06–14_Tariff revisions for Market September 22, 1999) requires ascending order. These filings are Participant Funded Projects (MPFPs) to Commission decisional employees, who available for electronic review at the be effective 8/6/2015. make or receive a prohibited or exempt Commission in the Public Reference Filed Date: 6/14/16. off-the-record communication relevant Room or may be viewed on the Accession Number: 20160614–5138. to the merits of a contested proceeding, Commission’s Web site at http:// Comments Due: 5 p.m. ET 7/5/16. to deliver to the Secretary of the www.ferc.gov using the eLibrary link. The filings are accessible in the Commission, a copy of the Enter the docket number, excluding the Commission’s eLibrary system by communication, if written, or a last three digits, in the docket number clicking on the links or querying the summary of the substance of any oral field to access the document. For docket number. communication. assistance, please contact FERC Online Any person desiring to intervene or Prohibited communications are Support at FERCOnlineSupport@ protest in any of the above proceedings included in a public, non-decisional file ferc.gov or toll free at (866) 208–3676, or must file in accordance with Rules 211 associated with, but not a part of, the for TTY, contact (202)502–8659.

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Docket No. File date Presenter or requester

Prohibited: 1. CP14–115–000, CP14–103–000 ...... 5–23–2016 Ruth A. Carter. 2. CP11–161–000 ...... 6–6–2016 FERC Staff.1 3. CP16–21–000 ...... 6–6–2016 John Puffer. Exempt: 1. CP15–17–000, CP14–554–000, CP15–16–000 ...... 5–31–2016 U.S. House Representative Sanford D. Bishop, Jr. 2. CP16–9–000 ...... 5–31–2016 U.S. House Representative Stephen F. Lynch. 3. P–12966–004 ...... 6–1–2016 FERC Staff.2 4. CP16–116–000 ...... 6–6–2016 State of Texas Lieutenant Governor Dan Patrick. 5. CP15–558–000 ...... 6–6–2016 U.S. House Representative Michael G. Fitzpatrick. 6. P–2744–043 ...... 6–6–2016 FERC Staff.3 7. CP14–96–000 ...... 6–7–2016 State of New York Assemblyman Steven H. Cymbrowitz. 8. P–14677–001 ...... 6–9–2016 FERC Staff.4

Dated: June 14, 2016. time on the specified comment date. ENVIRONMENTAL PROTECTION Nathaniel J. Davis, Sr., Protests may be considered, but AGENCY Deputy Secretary. intervention is necessary to become a [FRL–9947–91–OGC; EPA–HQ–OGC–2016– [FR Doc. 2016–14519 Filed 6–17–16; 8:45 am] party to the proceeding. 0336] BILLING CODE 6717–01–P Filings in Existing Proceedings Proposed Consent Decree, Clean Air Docket Numbers: RP16–1020–001. Act Citizen Suit DEPARTMENT OF ENERGY Applicants: Gulf South Pipeline AGENCY: Environmental Protection Federal Energy Regulatory Company, LP. Agency (EPA). Commission Description: Tariff Amendment: ACTION: Notice of proposed consent Amendment to RP16–1020–000 to be decree; request for public comment. Combined Notice of Filings effective 6/7/2016. SUMMARY: In accordance with section Take notice that the Commission has Filed Date: 6/10/16. 113(g) of the Clean Air Act, as amended received the following Natural Gas Accession Number: 20160610–5076. (‘‘CAA’’ or the ‘‘Act’’), notice is hereby Pipeline Rate and Refund Report filings: Comments Due: 5 p.m. ET 6/22/16. given of a proposed consent decree in Filings Instituting Proceedings Docket Numbers: RP16–864–000. Sierra Club v. McCarthy, Civil Action Docket Numbers: RP16–1024–000. No. 1:16–cv–235 (D. D.C.). On February Applicants: Columbia Gas 12, 2016, the Sierra Club filed a Applicants: Rockies Express Pipeline Transmission, LLC. LLC. complaint in the United States District Description: § 4(d) Rate Filing: Neg Description: Report Filing: Court for the District of Columbia, Rate 2016–06–09 BP K# 949178 to be Modernization II Settlement Refund alleging that Gina McCarthy, in her effective 6/10/2016. Report—RP16–314 to be effective N/A. official capacity as Administrator of the Filed Date: 6/9/16. Filed Date: 6/10/16. United States Environmental Protection Accession Number: 20160609–5165. Accession Number: 20160610–5092. Agency (‘‘EPA’’), failed to perform a Comments Due: 5 p.m. ET 6/21/16. non-discretionary duty to grant or deny Comments Due: 5 p.m. ET 6/22/16. Docket Numbers: RP16–1025–000. within 60 days a petition submitted by Applicants: Sabine Pipe Line LLC. Any person desiring to protest in any Sierra Club on September 29, 2015 Description: § 4(d) Rate Filing: Sabine of the above proceedings must file in requesting that EPA object to a CAA Pipe Line LLC June 9, 2016 Nomination accordance with Rule 211 of the Title V permit issued by the Tennessee Timeline Cleanup Filing to be effective Commission’s Regulations (18 CFR Department of Environment and 7/9/2016. 385.211) on or before 5:00 p.m. Eastern Conservation (‘‘TDEC’’) for the Filed Date: 6/9/16. time on the specified comment date. Tennessee Valley Authority’s (‘‘TVA’’) Accession Number: 20160609–5196. The filings are accessible in the Bull Run Fossil , located in Comments Due: 5 p.m. ET 6/21/16. Commission’s eLibrary system by Clinton, Tennessee. The proposed Any person desiring to intervene or clicking on the links or querying the consent decree would establish a protest in any of the above proceedings docket number. deadline for EPA to take such action. must file in accordance with Rules 211 DATES: Written comments on the eFiling is encouraged. More detailed and 214 of the Commission’s proposed consent decree must be information relating to filing Regulations (18 CFR 385.211 and received by July 20, 2016. requirements, interventions, protests, § 385.214) on or before 5:00 p.m. Eastern service, and qualifying facilities filings ADDRESSES: Submit your comments, can be found at: http://www.ferc.gov/ identified by Docket ID number EPA– 1 Email conversation dated May 16, 2016 with HQ–OGC–2016–0336 online at Greg Lorto. docs-filing/efiling/filing-req.pdf. For 2 Memo forwarding letter dated May 26, 2016 other information, call (866) 208–3676 www.regulations.gov (EPA’s preferred from the U.S. Department of the Interior to the State (toll free). For TTY, call (202) 502–8659. method); by email to oei.docket@ of Utah Department of Natural Resources. epa.gov; by mail to EPA Docket Center, 3 Telephone Record from June 6, 2016 call with Dated: June 13, 2016. Environmental Protection Agency, Tom Plante, consultant for the Menominee and Park Nathaniel J. Davis, Sr., Mailcode: 2822T, 1200 Pennsylvania Mill Hydroelectric Project. Deputy Secretary. 4 Telephone Record from June 8, 2016 call with Ave. NW., Washington, DC 20460–0001; Jason Garber of Montana Department of [FR Doc. 2016–14518 Filed 6–17–16; 8:45 am] or by hand delivery or courier to EPA Environmental Quality. BILLING CODE 6717–01–P Docket Center, EPA West, Room 3334,

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1301 Constitution Ave. NW., II. Additional Information About close of the comment period will be Washington, DC, between 8:30 a.m. and Commenting on the Proposed Consent marked ‘‘late.’’ EPA is not required to 4:30 p.m. Monday through Friday, Decree consider these late comments. excluding legal holidays. Comments on If you submit an electronic comment, A. How can I get a copy of the consent EPA recommends that you include your a disk or CD–ROM should be formatted decree? in Word or ASCII file, avoiding the use name, mailing address, and an email The official public docket for this of special characters and any form of address or other contact information in action (identified by Docket ID No. encryption, and may be mailed to the the body of your comment and with any EPA–HQ–OGC–2016–0336) contains a mailing address above. disk or CD ROM you submit. This copy of the proposed consent decree. ensures that you can be identified as the FOR FURTHER INFORMATION CONTACT: The official public docket is available submitter of the comment and allows Charles Starrs, Air and Radiation Law for public viewing at the Office of EPA to contact you in case EPA cannot Office (2322A), Office of General Environmental Information (‘‘OEI’’) read your comment due to technical Counsel, U.S. Environmental Protection Docket in the EPA Docket Center, EPA difficulties or needs further information Agency, 1200 Pennsylvania Ave. NW., West, Room 3334, 1301 Constitution on the substance of your comment. Any Washington, DC 20460; telephone: (202) Ave. NW., Washington, DC. The EPA identifying or contact information 564–1996; email address: Docket Center Public Reading Room is provided in the body of a comment will [email protected]. open from 8:30 a.m. to 4:30 p.m., be included as part of the comment that Monday through Friday, excluding legal is placed in the official public docket, SUPPLEMENTARY INFORMATION: holidays. The telephone number for the and made available in EPA’s electronic Public Reading Room is (202) 566–1744, public docket. If EPA cannot read your I. Additional Information About the and the telephone number for the OEI Proposed Consent Decree comment due to technical difficulties Docket is (202) 566–1752. and cannot contact you for clarification, The proposed consent decree would An electronic version of the public EPA may not be able to consider your docket is available through resolve a lawsuit filed by Sierra Club comment. www.regulations.gov. You may use seeking to compel the Administrator to Use of the www.regulations.gov Web www.regulations.gov to submit or view take actions under CAA section site to submit comments to EPA public comments, access the index electronically is EPA’s preferred method 505(b)(2). Under the terms of the listing of the contents of the official proposed consent decree, EPA would for receiving comments. The electronic public docket, and access those public docket system is an ‘‘anonymous agree to sign its response granting or documents in the public docket that are denying the petition filed by Sierra access’’ system, which means EPA will available electronically. Once in the not know your identity, email address, regarding the TVA’s Bull Run Fossil system, key in the appropriate docket or other contact information unless you Plant, located in Clinton, Tennessee, identification number then select provide it in the body of your comment. pursuant to section 505(b)(2) of the ‘‘search.’’ In contrast to EPA’s electronic public CAA, on or before November 10, 2016. It is important to note that EPA’s docket, EPA’s electronic mail (email) Under the terms of the proposed policy is that public comments, whether system is not an ‘‘anonymous access’’ consent decree, EPA would submitted electronically or in paper, system. If you send an email comment expeditiously deliver notice of EPA’s will be made available for public directly to the Docket without going viewing online at www.regulations.gov response to the Office of the Federal through www.regulations.gov, your without change, unless the comment Register for review and publication email address is automatically captured contains copyrighted material, following signature of such response. In and included as part of the comment Confidential Business Information that is placed in the official public addition, the proposed consent decree (‘‘CBI’’), or other information whose outlines the procedure for the Plaintiffs docket, and made available in EPA’s disclosure is restricted by statute. electronic public docket. to request costs of litigation, including Information claimed as CBI and other attorney fees. information whose disclosure is Dated: June 10, 2016. For a period of thirty (30) days restricted by statute is not included in Lorie J. Schmidt, following the date of publication of this the official public docket or in the Associate General Counsel. notice, the Agency will accept written electronic public docket. EPA’s policy is [FR Doc. 2016–14526 Filed 6–17–16; 8:45 am] comments relating to the proposed that copyrighted material, including BILLING CODE 6560–50–P consent decree from persons who are copyrighted material contained in a not named as parties or intervenors to public comment, will not be placed in the litigation in question. EPA or the EPA’s electronic public docket but will FEDERAL RESERVE SYSTEM be available only in printed, paper form Department of Justice may withdraw or [Docket No. OP–1541] withhold consent to the proposed in the official public docket. Although consent decree if the comments disclose not all docket materials may be Privacy Act of 1974; Notice of facts or considerations that indicate that available electronically, you may still Amended System of Records access any of the publicly available such consent is inappropriate, docket materials through the EPA AGENCY: Board of Governors of the improper, inadequate, or inconsistent Docket Center. Federal Reserve System. with the requirements of the Act. Unless ACTION: Notice of amended system of EPA or the Department of Justice B. How and to whom do I submit records. determines that consent to this consent comments? decree should be withdrawn, the terms You may submit comments as SUMMARY: Pursuant to the provisions of of the consent decree will be affirmed. provided in the ADDRESSES section. the Privacy Act of 1974, 5 U.S.C. 552a, Please ensure that your comments are notice is given that the Board of submitted within the specified comment Governors of the Federal Reserve period. Comments received after the System (Board) is modifying BGFRS–1

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(FRB-Recruiting and Placement Federal Reserve System, 20th Street and Equinix CH3–1905 Lunt Avenue, Elk Records), to account for a new Constitution Avenue NW., Washington, Grove, IL 60007. electronic system that Board staff will DC 20551, or (202) 452–5289, or CATEGORIES OF INDIVIDUALS COVERED BY THE use to identify, track, screen, and select [email protected]. SYSTEM: for certain positions at the Board. In Telecommunications Device for the Deaf Persons who seek employment with connection with the implementation, (TDD) users may contact (202) 263– the Board of Governors of the Federal the Board is amending the system of 4869. Reserve System. records to update the location and SUPPLEMENTARY INFORMATION: In manager, the categories of records, the accordance with the Privacy Act of CATEGORIES OF RECORDS IN THE SYSTEM: access controls, the retention period, 1974, 5 U.S.C. 552a, the Board proposes Records in the system include and the record source categories, and to to modify system of records BGFRS–1 resumes, applications, and supporting identify the authority more specifically. (FRB-Recruiting and Placement documentation submitted by persons The Board is not adding or deleting any Records). The Board is replacing an seeking employment; information from routine uses or changing the exemptions electronic system that it uses to assist job fairs; job referrals; notes from claimed for this system of records. Board staff in identifying, tracking, interviews with applicants; notes of DATES: In accordance with 5 U.S.C. screening, and selecting individuals for interviews with references; and offer 552a(e)(4) and (11), the public is given positions at the Board. In connection letters and related documentation, a 30-day period in which to comment; with the implementation, the Board is including verification of education and/ and the Office of Management and amending the system of records to or military status. The records also Budget (OMB), which has oversight update the location and manager, the include information regarding access to responsibility under the Privacy Act, categories of records, the access and use of the electronic systems. requires a 40-day period in which to controls, the retention period, and the Certain information is also retained to conclude its review of the system. record source categories, and is also enable the Board’s Office of Diversity Therefore, please submit any comments identifying the authority more and Inclusion to monitor and track the on or before July 20, 2016. The amended specifically. The Board is not adding or Board’s recruiting and hiring system of records will become effective deleting any routine uses or changing performance. August 1, 2016, without further notice, the exemptions claimed for this system AUTHORITY FOR MAINTENANCE OF THE SYSTEM: unless comments dictate otherwise. of records. Sections 10 and 11 of the Federal ADDRESSES: The public, OMB, and In accordance with 5 U.S.C. 552a(r), a Reserve Act (12 U.S.C. 244 and 248(l)). Congress are invited to submit report of this system of records is being comments, identified by the docket filed with the Chair of the House PURPOSE(S): number above, by any of the following Committee on Oversight and These records are collected and methods: Government Reform, the Chair of the maintained to assist the Board in • Agency Web site: http:// Senate Committee on Homeland recruiting, hiring, and retaining www.federalreserve.gov. Follow the Security and Governmental Affairs, and qualified employees, and to allow the instructions for submitting comments at the Administrator of the Office of Board to periodically review its hiring http://www.federalreserve.gov/ Information and Regulatory Affairs of practices. generalinfo/foia/ProposedRegs.cfm. the Office of Management and Budget. • Federal eRulemaking Portal: http:// By order of the Board of Governors of ROUTINE USES OF RECORDS MAINTAINED IN THE www.regulations.gov. Follow the the Federal Reserve System, acting SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: instructions for submitting comments. through the Secretary of the Board • Email: regs.comments@ under delegated authority. General routine uses A, B, C, D, E, F, federalreserve.gov. Include docket G, H, and I apply to this system. Records Dated: June 14, 2016. number in the subject line of the may also be used to disclose message. Robert deV. Frierson, information to any source from which • Fax: 202/452–3819 or 202/452– Secretary of the Board. additional information is requested (to 3102. System of Records the extent necessary to identify the • Mail: Robert deV. Frierson, individual, inform the source of the Secretary, Board of Governors of the BGFRS–1 purpose(s) of the request, and identify Federal Reserve System, 20th Street and the type of information requested), SYSTEM NAME: Constitution Avenue NW., Washington, when necessary to obtain information DC 20551. FRB—Recruiting and Placement relevant to a Board decision to hire or Records. All public comments will be made retain an employee, issue a security available on the Board’s Web site at SYSTEM LOCATION: clearance, conduct a security or www.federalreserve.gov/generalinfo/ Board of Governors of the Federal suitability investigation of an foia/ProposedRegs.cfm as submitted, Reserve System, 20th Street and individual, classify jobs, let a contract, unless modified for technical reasons. Constitution Avenue NW., Washington, or issue a license, grant, or other benefit. Accordingly, comments will not be DC 20551. Copies of resumes, POLICIES AND PRACTICES FOR STORING, edited to remove any identifying or applications, supporting RETRIEVING, ACCESSING, RETAINING, AND contact information. Public comments documentation, and offer information DISPOSING OF RECORDS IN THE SYSTEM: may also be viewed electronically or in may also be stored by the hiring STORAGE: paper form in Room 3515, 1801 K Street managers in their respective Board Records in this system are stored (between 18th and 19th Streets NW., offices and electronic systems. securely in paper and stored on secure Washington, DC 20006 between 9:00 Some of the records may be stored by servers as electronic records. a.m. and 5:00 p.m. on weekdays. contractors on behalf of the Board. The FOR FURTHER INFORMATION CONTACT: Alye contractors are: PeopleFluent Inc., 434 RETRIEVABILITY: S. Foster, Senior Special Counsel, Legal Fayetteville Street, 9th Floor, Raleigh, Paper records are retrieved by year, Division, Board of Governors of the NC 27601, and Oracle Corporation, hiring division, or recruited position,

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not by individually identifiable labels. economist or research assistant FEDERAL RESERVE SYSTEM Electronic records are retrieved by name positions in the economics divisions of or other identifying aspects. the Board is the Senior Associate Formations of, Acquisitions by, and Director, Division of Research and Mergers of Bank Holding Companies ACCESS CONTROLS: Statistics. Access to records is limited to those The companies listed in this notice whose official duties require it. Paper NOTIFICATION PROCEDURES: have applied to the Board for approval, records are secured by lock and key and pursuant to the Bank Holding Company electronic records are password An individual desiring to learn of the Act of 1956 (12 U.S.C. 1841 et seq.) protected. The electronic storage existence of their record or gain access (BHC Act), Regulation Y (12 CFR part systems have the ability to track to his or her record in this system of 225), and all other applicable statutes individual actions within the records shall submit a request in writing and regulations to become a bank applications. The audit and to the Secretary of the Board, Board of holding company and/or to acquire the accountability controls are based on Governors of the Federal Reserve assets or the ownership of, control of, or Board standards which, in turn, are System, 20th Street and Constitution the power to vote shares of a bank or based on applicable laws and Avenue NW., Washington, DC 20551. bank holding company and all of the regulations. The controls assist in The request should contain: (1) A banks and nonbanking companies detecting security violations and statement that it is made pursuant to the owned by the bank holding company, performance or other issues within the Privacy Act of 1974, (2) the name of the including the companies listed below. electronic systems. system of records expected to contain The applications listed below, as well Access is restricted to authorized the record requested or a concise as other related filings required by the employees and contractors within the description of such system of records, Board, are available for immediate Board and vendor customer support (3) necessary information to verify the inspection at the Federal Reserve Bank personnel who require access for official identity of the requester, and (4) any indicated. The applications will also be business purposes. Board users are other information that may assist in the available for inspection at the offices of classified into different roles and rapid identification of the record for the Board of Governors. Interested common access and usage rights are which access is being requested. persons may express their views in established for each role. User roles are writing on the standards enumerated in RECORD ACCESS PROCEDURES: used to delineate between the different the BHC Act (12 U.S.C. 1842(c)). If the types of access requirements such that Same as ‘‘Notification procedures’’ proposal also involves the acquisition of users are restricted to data that is above. a nonbanking company, the review also required in the performance of their includes whether the acquisition of the duties. Periodic audits and reviews are CONTESTING RECORD PROCEDURES: nonbanking company complies with the standards in section 4 of the BHC Act conducted to determine whether Same as ‘‘Notification procedures’’ (12 U.S.C. 1843). Unless otherwise authenticated users still require access above except that the envelope should noted, nonbanking activities will be and whether there have been any be clearly marked ‘‘Privacy Act conducted throughout the United States. unauthorized changes in any Amendment Request.’’ The request for Unless otherwise noted, comments information maintained. amendment of a record should: (1) regarding each of these applications Identify the system of records RETENTION AND DISPOSAL: must be received at the Reserve Bank containing the record for which The current retention period for indicated or the offices of the Board of amendment is requested, (2) specify the application materials of applicants who Governors not later than July 15, 2016. portion of that record requested to be are not hired is two years. The Board is A. Federal Reserve Bank of amended, and (3) describe the nature of presently re-evaluating the retention Minneapolis (Jacquelyn K. Brunmeier, and reasons for each requested schedule for all application materials, Assistant Vice President) 90 Hennepin amendment. however, and until the existing Avenue, Minneapolis, Minnesota retention period is confirmed as RECORD SOURCE CATEGORIES: 55480–0291: appropriate or a new retention period is 1. Uptown Bancorporation, Inc., set, the Board will maintain the Information is provided by the Britton, South Dakota; to acquire at least application materials indefinitely. individual to whom the record pertains; 72 percent of First American State Bank, Application materials for applicants the transcript or notes from interviews Oldham, South Dakota. with the individual; notes from who are hired are kept in the Board of Governors of the Federal Reserve employee’s official personnel file and interviews and supporting System, June 15, 2016. documentation from references; maintained in accordance with the Michele Taylor Fennell, System of Records entitled BGFRS–4, recruiters; job referrals; and official Assistant Secretary of the Board. ‘‘FRB—General Personnel Records.’’ transcripts and other documentation from schools identified by the [FR Doc. 2016–14494 Filed 6–17–16; 8:45 am] SYSTEM MANAGER AND ADDRESS: individual. BILLING CODE 6210–01–P The system manager for records other than those involving the recruitment of EXEMPTIONS CLAIMED FOR THE SYSTEM: economist or research assistant Certain portions of this system of FEDERAL RETIREMENT THRIFT positions in the economics divisions of records may be exempt from 5 U.S.C. INVESTMENT BOARD the Board is the Assistant Director, 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and Talent Acquisition, Management (I), and (f) of the Privacy Act pursuant Sunshine Act; Board Member Meeting Division, Board of Governors of the to subsections 5 U.S.C. 552a(k)(2) and TIME AND DATE: 8:30 a.m. (Eastern Time) Federal Reserve System, 20th Street and (k)(5). Constitution Avenue NW., Washington, June 27, 2016 (In-Person). DC 20551. The system manager for [FR Doc. 2016–14415 Filed 6–17–16; 8:45 am] PLACE: 10th Floor Board Meeting Room, records involving the recruitment of BILLING CODE 6210–01–P 77 K Street NE., Washington, DC 20002.

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STATUS: Parts will be open to the public • Regulations.gov: http:// of issues with service, or focus attention and part will be closed to the public. www.regulations.gov. Submit comments on areas where communication, training MATTERS TO BE CONSIDERED: via the Federal eRulemaking portal by or changes in operations might improve searching for ‘‘Information Collection delivery of products or services. These Open to the Public 3090–0297, Generic Clearance for the collections will allow for ongoing, 1. Approval of the Minutes of the May Collection of Qualitative Feedback on collaborative and actionable 23, 2016 Joint Board Member/ETAC Agency Service Delivery.’’ Select the communications between the Agency Meeting link ‘‘Submit a Comment’’ that and its customers and stakeholders. It 2. Monthly Reports corresponds with ‘‘Information will also allow feedback to contribute (a) Participant Activity Report Collection 3090–0297, Generic directly to the improvement of program (b) Investment Performance Report Clearance for the Collection of management. (c) Legislative Report Qualitative Feedback on Agency Service Feedback collected under this generic 3. Vendor Financials Delivery.’’ Follow the instructions clearance will provide useful provided at the ‘‘Submit a Comment’’ information, but it will not yield data Closed to the Public screen. Please include your name, that can be generalized to the overall Information covered under 5 U.S.C. company name (if any), and population. This type of generic 552b(c)(9)(B). ‘‘Information Collection 3090–0297’’ on clearance for qualitative information will not be used for quantitative CONTACT PERSON FOR MORE INFORMATION: your attached document. • information collections that are Kimberly Weaver, Director, Office of Mail: General Services designed to yield reliably actionable External Affairs, (202) 942–1640. Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., results, such as monitoring trends over Dated: June 16, 2016. Washington, DC 20405. Attn: Ms. time or documenting program Megan Grumbine, Flowers/IC 3090–0297, Generic performance. General Counsel, Federal Retirement Thrift Clearance. Such data uses require more rigorous Investment Board. Instructions: Please submit comments designs that address: The target [FR Doc. 2016–14591 Filed 6–16–16; 11:15 am] only and cite Information Collection population to which generalizations BILLING CODE 6760–01–P 3090–0297, Generic Clearance for the will be made, the sampling frame, the Collection of Qualitative Feedback on sample design (including stratification Agency Service Delivery, in all and clustering), the precision GENERAL SERVICES correspondence related to this requirements or power calculations that ADMINISTRATION collection. Comments received generally justify the proposed sample size, the will be posted without change to http:// expected response rate, methods for [OMB Control No. 3090–0297; Docket No. www.regulations.gov, including any assessing potential non-response bias, 2016–0001; Sequence 3] personal and/or business confidential the protocols for data collection, and any testing procedures that were or will Submission for OMB Review; General information provided. To confirm receipt of your comment(s), please be undertaken prior fielding the study. Services Administration Acquisition Depending on the degree of influence check www.regulations.gov, Regulation; Generic Clearance for the the results are likely to have, such approximately two to three days after Collection of Qualitative Feedback on collections may still be eligible for submission to verify posting (except Agency Service Delivery submission for other generic allow 30 days for posting of comments mechanisms that are designed to yield AGENCY: General Services submitted by mail). quantitative results. The Digital Administration (GSA). FOR FURTHER INFORMATION CONTACT: Ms. Government Strategy released by the ACTION: Notice of request for an Hada Flowers, Office of White House in May, 2012 drives extension to an existing OMB clearance. Governmentwide Policy, GSA, at 202– agencies to have a more customer- 501–4755, or email hada.flowers@ centric focus. Because of this, GSA SUMMARY: Under the provisions of the gsa.gov. anticipates an increase in requests to Paperwork Reduction Act, the use this generic clearance, as the plan Regulatory Secretariat Division will be SUPPLEMENTARY INFORMATION: states that: A customer-centric principle submitting to the Office of Management A. Purpose charges us to do several things: Conduct and Budget (OMB) a request to review A notice was published in the Federal research to understand the customer’s and approve an extension of a Register at 81 FR 20638 on April 8, business, needs and desires; ‘‘make previously approved information 2016. No comments were received. The content more broadly available and collection requirement regarding the information collection activity will accessible and present it through Generic Clearance for the Collection of garner qualitative customer and multiple channels in a program- and Qualitative Feedback on Agency Service stakeholder feedback in an efficient, device-agnostic way; make content more Delivery. timely manner, in accordance with the accurate and understandable by DATES: Submit comments on or before Administration’s commitment to maintaining plain language and content July 20, 2016. improving service delivery. By freshness standards; and offer easy ADDRESSES: Submit comments regarding qualitative feedback we mean paths for feedback to ensure we this burden estimate or any other aspect information that provides useful continually improve service delivery. of this collection of information, insights on perceptions and opinions, The customer-centric principle holds including suggestions for reducing this but are not statistical surveys that yield true whether our customers are internal burden to: Office of Information and quantitative results that can be (e.g., the civilian and military federal Regulatory Affairs of OMB, Attention: generalized to the population of study. workforce in both classified and Desk Officer for GSA, Room 10236, This feedback will provide insights unclassified environments) or external NEOB, Washington, DC 20503. into customer or stakeholder (e.g., individual citizens, businesses, Additionally submit a copy to GSA by perceptions, experiences and research organizations, and state, local, any of the following methods: expectations, provide an early warning and tribal governments).’’

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B. Annual Reporting Burden specific age, race, and ethnic groups. Studies.’’ Received comments will be Respondents: 160,082. This draft guidance is not final nor is it placed in the docket and, except for Responses per Respondent: 1. in effect at this time. those submitted as ‘‘Confidential Total Annual Responses: 160,082. DATES: Although you can comment on Submissions,’’ publicly viewable at Hours per response: 3.8386 minutes. any guidance at any time (see 21 CFR http://www.regulations.gov or at the Total Burden hours: 10,241. 10.115(g)(5)), to ensure that the Agency Division of Dockets Management considers your comment of this draft between 9 a.m. and 4 p.m., Monday C. Public Comments through Friday. guidance before it begins work on the • Public comments are particularly final version of the guidance, submit Confidential Submissions—To invited on: Whether this collection of either electronic or written comments submit a comment with confidential information is necessary and whether it on the draft guidance by September 19, information that you do not wish to be will have practical utility; whether our 2016. made publicly available, submit your estimate of the public burden of this comments only as a written/paper ADDRESSES: You may submit comments submission. You should submit two collection of information is accurate, as follows: and based on valid assumptions and copies total. One copy will include the methodology; ways to enhance the Electronic Submissions information you claim to be confidential with a heading or cover note that states quality, utility, and clarity of the Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS information to be collected. following way: Obtaining Copies of Proposals: • CONFIDENTIAL INFORMATION.’’ The Federal eRulemaking Portal: http:// Agency will review this copy, including Requesters may obtain a copy of the www.regulations.gov. Follow the information collection documents from the claimed confidential information, in instructions for submitting comments. its consideration of comments. The the General Services Administration, Comments submitted electronically, Regulatory Secretariat Division (MVCB), second copy, which will have the including attachments, to http:// claimed confidential information 1800 F Street NW., Washington, DC www.regulations.gov will be posted to 20405, telephone 202–501–4755. Please redacted/blacked out, will be available the docket unchanged. Because your for public viewing and posted on http:// cite OMB Control No. 3090–0297, comment will be made public, you are Generic Clearance for the Collection of www.regulations.gov. Submit both solely responsible for ensuring that your copies to the Division of Dockets Qualitative Feedback on Agency Service comment does not include any Delivery, in all correspondence. Management. If you do not wish your confidential information that you or a name and contact information to be Dated: June 14, 2016. third party may not wish to be posted, made publicly available, you can David A. Shive, such as medical information, your or provide this information on the cover Chief Information Officer. anyone else’s Social Security number, or sheet and not in the body of your [FR Doc. 2016–14509 Filed 6–17–16; 8:45 am] confidential business information, such comments and you must identify this BILLING CODE 6820–34–P as a manufacturing process. Please note information as ‘‘confidential.’’ Any that if you include your name, contact information marked as ‘‘confidential’’ information, or other information that will not be disclosed except in DEPARTMENT OF HEALTH AND identifies you in the body of your accordance with 21 CFR 10.20 and other HUMAN SERVICES comments, that information will be applicable disclosure law. For more posted on http://www.regulations.gov. information about FDA’s posting of • Food and Drug Administration If you want to submit a comment comments to public dockets, see 80 FR with confidential information that you 56469, September 18, 2015, or access [Docket No. FDA–2016–D–0734] do not wish to be made available to the the information at: http://www.fda.gov/ public, submit the comment as a Evaluation and Reporting of Age, regulatoryinformation/dockets/ written/paper submission and in the Race, and Ethnicity Data in Medical default.htm. manner detailed (see ‘‘Written/Paper Device Clinical Studies; Draft Docket: For access to the docket to Submissions’’ and ‘‘Instructions’’). Guidance for Industry and Food and read background documents or the Drug Administration Staff; Availability Written/Paper Submissions electronic and written/paper comments received, go to http:// AGENCY: Food and Drug Administration, Submit written/paper submissions as www.regulations.gov and insert the HHS. follows: docket number, found in brackets in the • ACTION: Notice of availability. Mail/Hand delivery/Courier (for heading of this document, into the written/paper submissions): Division of ‘‘Search’’ box and follow the prompts SUMMARY: The Food and Drug Dockets Management (HFA–305), Food and/or go to the Division of Dockets Administration (FDA or Agency) is and Drug Administration, 5630 Fishers Management, 5630 Fishers Lane, Rm. announcing the availability of the draft Lane, Rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852. guidance entitled ‘‘Evaluation and • For written/paper comments An electronic copy of the guidance Reporting of Age, Race, and Ethnicity submitted to the Division of Dockets document is available for download Data in Medical Device Clinical Management, FDA will post your from the Internet. See the Studies.’’ The purpose of this document comment, as well as any attachments, SUPPLEMENTARY INFORMATION section for is to outline FDA’s proposed except for information submitted, information on electronic access to the recommendations and expectations for marked and identified, as confidential, guidance. Submit written requests for a the evaluation and reporting of age, if submitted as detailed in single hard copy of the draft guidance race, and ethnicity data in medical ‘‘Instructions.’’ document entitled ‘‘Evaluation and device clinical studies. The primary Instructions: All submissions received Reporting of Age, Race, and Ethnicity intent of these recommendations is to must include the Docket No. FDA– Data in Medical Device Clinical improve the quality, consistency, and 2016–D–0734 for ‘‘Evaluation and Studies’’ to the Office of the Center transparency of data regarding the Reporting of Age, Race, and Ethnicity Director, Guidance and Policy performance of medical devices within Data in Medical Device Clinical Development, Center for Devices and

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Radiological Health, Food and Drug recommended analyses of study document. Please use the document Administration, 10903 New Hampshire subgroup data with a framework for number 1500026 to identify the Ave., Bldg. 66, Rm. 5431, Silver Spring, considering demographic data when guidance you are requesting. MD 20993–0002 or the Office of interpreting overall study outcomes; and IV. Paperwork Reduction Act of 1995 Communication, Outreach, and (3) specify FDA’s recommendations for Development, Center for Biologics reporting age, race, and ethnicity- This draft guidance refers to currently Evaluation and Research, Food and specific information in summaries and approved collections of information Drug Administration, 10903 New labeling for approved or cleared medical found in FDA regulations. These Hampshire Ave., Bldg. 71, Rm. 3128, devices. FDA believes these collections of information are subject to Silver Spring, MD 20993–0002. Send recommendations will help improve the review by the Office of Management and one self-addressed adhesive label to quality, consistency, and transparency Budget (OMB) under the Paperwork assist that office in processing your of data regarding the performance of Reduction Act of 1995 (44 U.S.C. 3501– request. medical devices within specific age, 3520). These collections of information race, and ethnic groups as well as in 21 CFR part 812 have been approved FOR FURTHER INFORMATION CONTACT: encourage appropriate enrollment of under OMB control number 0910–0078; Kathryn O’Callaghan, Center for Devices diverse populations including relevant the collections of information in 21 CFR and Radiological Health, Food and Drug age, race, and ethnic groups. Proper part 807, subpart E, have been approved Administration, 10903 New Hampshire evaluation and reporting of these data under OMB control number 0910–0120; Ave., Bldg. 66, Rm. 5428, Silver Spring, can benefit patients, clinicians, the collections of information in 21 CFR MD 20993–0002, 301–796–6349; or researchers, regulators, and other part 814, subparts A through E, have Stephen Ripley, Center for Biologics stakeholders. been approved under OMB control Evaluation and Research, Food and This document extends the policy number 0910–0231; the collections of Drug Administration, 10903 New established in FDA’s guidance entitled information in 21 CFR part 814, subpart Hampshire Ave., Bldg. 71, Rm. 7301, ‘‘Evaluation of Sex-Specific Data in H, have been approved under OMB Silver Spring, MD 20993–0002, 240– Medical Device Clinical Studies’’ to control number 0910–0332; the 402–7911. additional demographic subgroups of collections of information in 21 CFR SUPPLEMENTARY INFORMATION: age, race, and ethnicity (Ref. 3). Upon part 822 have been approved under I. Background finalization of this draft guidance, FDA OMB control number 0910–0449; and intends to integrate the content of both the collections of information in 21 CFR Section 907 of the Food and Drug guidances into one document. part 801 have been approved under Administration Safety and Innovation OMB control number 0910–0485. Act (Pub. L 112–144) (FDASIA) directed II. Significance of Guidance the Agency to publish and provide to This draft guidance is being issued V. Reference Congress a report describing the extent consistent with FDA’s good guidance The following reference is on display to which clinical trial participation and practices regulation (21 CFR 10.115). in the Division of Dockets Management safety and effectiveness data by The draft guidance, when finalized, will (see ADDRESSES) and is available for demographic subgroups, including sex, represent the current thinking of FDA viewing by interested persons between age, race, and ethnicity, is included in on the evaluation and reporting of age, 9 a.m. and 4 p.m., Monday through applications submitted to FDA (Ref 1). race, and ethnicity data in medical Friday; it is also available electronically Section 907 also directed FDA to device clinical studies. It does not at http://www.regulations.gov. FDA has publish and provide to Congress an establish any rights for any person and verified the Web site address, as of the action plan outlining recommendations is not binding on FDA or the public. date this document publishes in the for improving the completeness and You can use an alternative approach if Federal Register, but Web sites are quality of analyses of data on it satisfies the requirements of the subject to change over time. demographic subgroups in summaries of applicable statutes and regulations. product safety and effectiveness data 1. FDA Report: Collection, Analysis, and III. Electronic Access Availability of Demographic Subgroup and in labeling; on the inclusion of such Data for FDA-Approved Medical data, or the lack of availability of such Persons interested in obtaining a copy Products, issued August 2013, required data, in labeling; and on improving the of the draft guidance may do so by under FDASIA section 907, available at public availability of such data to downloading an electronic copy from http://www.fda.gov/downloads/ patients health care providers and the Internet. A search capability for all RegulatoryInformation/Legislation/ researchers, and to indicate the Center for Devices and Radiological FederalFoodDrugand applicability of these recommendations Health guidance documents is available CosmeticActFDCAct/ to the types of medical products at http://www.fda.gov/MedicalDevices/ SignificantAmendmentstotheFDCAct/ addressed in section 907. In the Action DeviceRegulationandGuidance/ FDASIA/UCM365544.pdf. 2. FDA’s Action Plan to Enhance the Plan, FDA committed to developing this GuidanceDocuments/default.htm. Collection and Availability of draft guidance as part of the strategy to Guidance documents are also available Demographic Subgroup Data (August, fulfill FDASIA requirements (Ref. 2). at http://www.fda.gov/ 2014), available at http://www.fda.gov/ This guidance outlines FDA’s BiologicsBloodVaccines/ downloads/RegulatoryInformation/ recommendations and expectations for GuidanceCompliance Legislation/FederalFoodDrug patient enrollment, data analysis, and Regulatoryinformation/Guidances/ andCosmeticActFDCAct/ reporting of age, race, and ethnicity data default.htm or http:// SignificantAmendmentstotheFDCAct/ in medical device clinical studies. www.regulations.gov. Persons unable to FDASIA/UCM410474.pdf. Specific objectives of this guidance are download an electronic copy of 3. FDA’s guidance entitled ‘‘Evaluation of Sex-Specific Data in Medical Device to (1) encourage the collection and ‘‘Evaluation and Reporting of Age, Race, Clinical Studies’’ (August 22, 2014), consideration of age, race, ethnicity, and and Ethnicity Data in Medical Device available at http://www.fda.gov/ associated covariates (e.g., body size, Clinical Studies’’ may send an email downloads/medicaldevices/ biomarkers, bone density) during the request to [email protected] deviceregulationandguidance/ study design stage; (2) outline to receive an electronic copy of the guidancedocuments/ucm283707.pdf.

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Dated: June 14, 2016. comment will be made public, you are redacted/blacked out, will be available Leslie Kux, solely responsible for ensuring that your for public viewing and posted on http:// Associate Commissioner for Policy. comment does not include any www.regulations.gov. Submit both [FR Doc. 2016–14461 Filed 6–17–16; 8:45 am] confidential information that you or a copies to the Division of Dockets BILLING CODE 4164–01–P third party may not wish to be posted, Management. If you do not wish your such as medical information, your or name and contact information to be anyone else’s Social Security number, or made publicly available, you can DEPARTMENT OF HEALTH AND confidential business information, such provide this information on the cover HUMAN SERVICES as a manufacturing process. Please note sheet and not in the body of your that if you include your name, contact comments and you must identify this Food and Drug Administration information, or other information that information as ‘‘confidential.’’ Any [Docket No. FDA–2016–P–1026] identifies you in the body of your information marked as ‘‘confidential’’ comments, that information will be will not be disclosed except in Medical Devices; Exemption From posted on http://www.regulations.gov. accordance with 21 CFR 10.20 and other Premarket Notification: Method, • If you want to submit a comment applicable disclosure law. For more Metallic Reduction, Glucose (Urinary, with confidential information that you information about FDA’s posting of Non-Quantitative) Test System in a do not wish to be made available to the comments to public dockets, see 80 FR Reagent Tablet Format; Republication public, submit the comment as a 56469, September 18, 2015, or access written/paper submission and in the the information at: http://www.fda.gov/ AGENCY: Food and Drug Administration, manner detailed (see ‘‘Written/Paper regulatoryinformation/dockets/ HHS. Submissions’’ and ‘‘Instructions’’). default.htm. ACTION: Notice; republication. Written/Paper Submissions Docket: For access to the docket to read background documents or the SUMMARY: The Food and Drug Submit written/paper submissions as Administration (FDA) is republishing in electronic and written/paper comments follows: received, go to http:// its entirety a notice entitled ‘‘Medical • Mail/Hand delivery/Courier (for www.regulations.gov and insert the Devices; Exemption from Premarket written/paper submissions): Division of docket number, found in brackets in the Notification: Method, Metallic Dockets Management (HFA–305), Food heading of this document, into the Reduction, Glucose (Urinary, Non- and Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts Quantitative) Test System in a Reagent Lane, Rm. 1061, Rockville, MD 20852. Tablet Format’’ that published in the • For written/paper comments and/or go to the Division of Dockets Federal Register on May 4, 2016 (81 FR submitted to the Division of Dockets Management, 5630 Fishers Lane, Rm. 26802). FDA is republishing to correct Management, FDA will post your 1061, Rockville, MD 20852. an inadvertent error in the Docket comment, as well as any attachments, FOR FURTHER INFORMATION CONTACT: Ana Number and to announce a revised except for information submitted, Loloei Marsal, Center for Devices and comment period. FDA is announcing marked and identified, as confidential, Radiological Health (CDRH), Food and that it has received a petition requesting if submitted as detailed in Drug Administration, 10903 New exemption from the premarket ‘‘Instructions.’’ Hampshire Ave., Bldg. 66, Rm. 4552, notification requirements for a method, Instructions: All submissions received Silver Spring, MD 20993–0002, 301– metallic reduction, glucose (urinary, must include the Docket No. FDA– 796–8774, anahita.loloeimarsal@ non-quantitative) test system in a 2016–P–1026 for ‘‘Medical Devices; fda.hhs.gov. reagent tablet format that is intended to Exemption From Premarket SUPPLEMENTARY INFORMATION: measure glucosuria (glucose in urine). Notification: Method, Metallic Method, metallic reduction, glucose Reduction, Glucose (Urinary, Non- I. Statutory Background (urinary, non-quantitative) test systems Quantitative) Test System in a Reagent Under section 513 of the Federal in a reagent tablet format are used in the Tablet Format.’’ Received comments Food, Drug, and Cosmetic Act (the diagnosis and treatment of carbohydrate will be placed in the docket and, except FD&C Act) (21 U.S.C. 360c), FDA must metabolism disorders including diabetes for those submitted as ‘‘Confidential classify devices into one of three mellitus, hypoglycemia, and Submissions,’’ publicly viewable at regulatory classes: Class I, class II, or hyperglycemia. FDA is publishing this http://www.regulations.gov or at the class III. FDA classification of a device notice to obtain comments in Division of Dockets Management is determined by the amount of accordance with procedures established between 9 a.m. and 4 p.m., Monday regulation necessary to provide a by the Food and Drug Administration through Friday. reasonable assurance of safety and Modernization Act of 1997 (FDAMA). • Confidential Submissions—To effectiveness. Under the Medical Device DATES: Submit either electronic or submit a comment with confidential Amendments of 1976 (1976 written comments by July 20, 2016. information that you do not wish to be amendments) (Pub. L. 94–295), as ADDRESSES: You may submit comments made publicly available, submit your amended by the Safe Medical Devices as follows: comments only as a written/paper Act of 1990 (Pub. L. 101–629), devices submission. You should submit two are to be classified into class I (general Electronic Submissions copies total. One copy will include the controls) if there is information showing Submit electronic comments in the information you claim to be confidential that the general controls of the FD&C following way: with a heading or cover note that states Act are sufficient to assure safety and • Federal eRulemaking Portal: http:// ‘‘THIS DOCUMENT CONTAINS effectiveness; into class II (special www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The controls) if general controls, by instructions for submitting comments. Agency will review this copy, including themselves, are insufficient to provide Comments submitted electronically, the claimed confidential information, in reasonable assurance of safety and including attachments, to http:// its consideration of comments. The effectiveness, but there is sufficient www.regulations.gov will be posted to second copy, which will have the information to establish special controls the docket unchanged. Because your claimed confidential information to provide such assurance; and into

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class III (premarket approval) if there is FDA must publish in the Federal DEPARTMENT OF HEALTH AND insufficient information to support Register its final determination HUMAN SERVICES classifying a device into class I or class regarding the exemption of the device II and the device is a life sustaining or that was the subject of the notice. If FDA Food and Drug Administration life supporting device, or is for a use fails to respond to a petition under this [Docket No. FDA–2016–N–0001] which is of substantial importance in section within 180 days of receiving it, preventing impairment of human health the petition shall be deemed granted. Bone, Reproductive and Urologic or presents a potential unreasonable risk II. Criteria for Exemption Drugs Advisory Committee; Notice of of illness or injury. Meeting Most generic types of devices that There are a number of factors FDA were on the market before the date of may consider to determine whether a AGENCY: Food and Drug Administration, the 1976 amendments (May 28, 1976) 510(k) is necessary to provide HHS. (generally referred to as preamendments reasonable assurance of the safety and ACTION: Notice. devices) have been classified by FDA effectiveness of a class II device. These under the procedures set forth in section factors are discussed in the guidance the SUMMARY: The Food and Drug 513(c) and (d) of the FD&C Act through Agency issued on February 19, 1998, Administration (FDA) announces a the issuance of classification regulations entitled ‘‘Procedures for Class II Device forthcoming public advisory committee into one of these three regulatory Exemptions from Premarket meeting of the Bone, Reproductive and classes. Devices introduced into Notification, Guidance for Industry and Urologic Drugs Advisory Committee. interstate commerce for the first time on CDRH Staff’’ (Ref. 1). The general function of the committee is or after May 28, 1976 (generally referred to provide advice and recommendations to as postamendments devices), are III. Proposed Class II Device to the Agency on FDA’s regulatory classified through the premarket Exemptions issues. The meeting will be open to the notification process under section FDA has received the following public. 510(k) of the FD&C Act (21 U.S.C. petition requesting an exemption from DATES: The meeting will be held on 360(k)). Section 510(k) of the FD&C Act premarket notification for a class II October 19, 2016, from 8:15 a.m. to 5 and the implementing regulations, 21 device: Martin O’Connor, Germaine p.m. CFR part 807, require persons who Laboratories, Inc., 11030 Wye Dr., San ADDRESSES: FDA White Oak Campus, intend to market a new device to submit Antonio, TX 78217, for its Method, 10903 New Hampshire Ave., Bldg. 31 a premarket notification (510(k)) Metallic Reduction, Glucose (urinary, Conference Center, the Great Room (Rm. containing information that allows FDA non-quantitative) classified under 21 1503), Silver Spring, MD 20993–0002. to determine whether the new device is CFR 862.1340. FDA previously Answers to commonly asked questions ‘‘substantially equivalent’’ within the announced that it received this petition including information regarding special meaning of section 513(i) of the FD&C in a notice entitled ‘‘Medical Devices; accommodations due to a disability, Act to a legally marketed device that Exemption from Premarket Notification: visitor parking, and transportation may does not require premarket approval. Method, Metallic Reduction, Glucose be accessed at: http://www.fda.gov/ On November 21, 1997, the President (Urinary, Non-Quantitative) Test System AdvisoryCommittees/ signed into law FDAMA (Pub. L. 105– in a Reagent Tablet Format’’ that AboutAdvisoryCommittees/ 115). Section 206 of FDAMA, in part, appeared in the Federal Register of May ucm408555.htm. added a new section, 510(m), to the 4, 2016 (81 FR 26802). The document FD&C Act. Section 510(m)(1) of the was published with the incorrect docket FOR FURTHER INFORMATION CONTACT: FD&C Act requires FDA, within 60 days number. This notice includes the correct Kalyani Bhatt, Center for Drug after enactment of FDAMA, to publish docket number for the petition. Evaluation and Research, Food and in the Federal Register a list of each Drug Administration, 10903 New type of class II device that does not IV. Reference Hampshire Ave., Bldg. 31, Rm. 2417, require a report under section 510(k) of The following reference is on display Silver Spring, MD 20993–0002, 301– the FD&C Act to provide reasonable in the Division of Dockets Management 796–9001, FAX: 301–847–8533, email: assurance of safety and effectiveness. (see ADDRESSES) and is available for [email protected], or FDA Advisory Section 510(m) of the FD&C Act further viewing by interested persons between Committee Information Line, 1–800– provides that a 510(k) will no longer be 9 a.m. and 4 p.m., Monday through 741–8138 (301–443–0572 in the required for these devices upon the date Friday; it is also available electronically Washington, DC area). A notice in the of publication of the list in the Federal at http://www.regulations.gov. FDA has Federal Register about last minute Register. FDA published that list in the verified the Web site address, as of the modifications that impact a previously Federal Register of January 21, 1998 (63 date this document publishes in the announced advisory committee meeting FR 3142). Section 510(m)(2) of the FD&C Act Federal Register, but Web sites are cannot always be published quickly provides that 1 day after date of subject to change over time. enough to provide timely notice. publication of the list under section 1. ‘‘Procedures for Class II Device Therefore, you should always check the 510(m)(1), FDA may exempt a device on Exemptions from Premarket Notification, Agency’s Web site at http:// its own initiative or upon petition of an Guidance for Industry and CDRH Staff,’’ www.fda.gov/AdvisoryCommittees/ interested person if FDA determines February 1998, (http://www.fda.gov/ default.htm and scroll down to the downloads/MedicalDevices/ that a 510(k) is not necessary to provide appropriate advisory committee meeting DeviceRegulationandGuidance/ link, or call the advisory committee reasonable assurance of the safety and GuidanceDocuments/UCM080199.pdf). effectiveness of the device. This section information line to learn about possible requires FDA to publish in the Federal Dated: June 14, 2016. modifications before coming to the Register a notice of intent to exempt a Leslie Kux, meeting. device, or of the petition, and to provide Associate Commissioner for Policy. SUPPLEMENTARY INFORMATION: a 30-day comment period. Within 120 [FR Doc. 2016–14459 Filed 6–17–16; 8:45 am] Agenda: The committee will discuss days of publication of this document, BILLING CODE 4164–01–P the efficacy and safety of new drug

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application (NDA) 201656 ucm111462.htm for procedures on (Federal Home Visiting Program), (desmopressin), 0.75 mcg/0.1 mL and public conduct during advisory administered by HRSA in partnership 1.5 mcg/0.1 mL nasal spray, submitted committee meetings. with the Administration for Children by Serenity Pharmaceuticals, LLC, for Notice of this meeting is given under and Families, supports voluntary, the proposed treatment of adult onset the Federal Advisory Committee Act (5 evidence-based home visiting services nocturia. U.S.C. app. 2). during pregnancy and to parents with FDA intends to make background Dated: June 10, 2016. young children up to kindergarten material available to the public no later Jill Hartzler Warner, entry. States, Tribal entities, and certain than 2 business days before the meeting. Associate Commissioner for Special Medical nonprofit organizations are eligible to If FDA is unable to post the background Programs. receive funding from the Federal Home material on its Web site prior to the [FR Doc. 2016–14418 Filed 6–17–16; 8:45 am] Visiting Program and have the flexibility meeting, the background material will BILLING CODE 4164–01–P to tailor the program to serve the be made publicly available at the specific needs of their communities. location of the advisory committee Funding recipients may sub award grant meeting, and the background material DEPARTMENT OF HEALTH AND funds to organizations, otherwise will be posted on FDA’s Web site after HUMAN SERVICES known as Local Implementing Agencies the meeting. Background material is available at http://www.fda.gov/ (LIAs), in order to provide services to Health Resources and Services eligible families in at-risk communities. AdvisoryCommittees/Calendar/ Administration default.htm. Scroll down to the Need and Proposed Use of the appropriate advisory committee meeting Agency Information Collection Information: This information collection link. Activities: Proposed Collection: Public is requested to conduct a pilot study to Procedure: Interested persons may Comment Request test the reliability of a standardized cost present data, information, or views, reporting tool for the provision of AGENCY: Health Resources and Services orally or in writing, on issues pending evidence-based home visiting services. Administration, HHS. before the committee. Written The information collected will be used ACTION: submissions may be made to the contact Notice. to: Test the reliability and feasibility of person on or before October 4, 2016. SUMMARY: In compliance with the implementing a proposed set of Oral presentations from the public will requirement for opportunity for public standardized cost metrics and be scheduled between approximately 1 comment on proposed data collection organizational characteristics across p.m. and 2 p.m. Those individuals projects (Section 3506(c)(2)(A) of the various contexts; estimate preliminary interested in making formal oral Paperwork Reduction Act of 1995), the total costs for implementing evidence- presentations should notify the contact Health Resources and Services based home visiting services, including person and submit a brief statement of Administration (HRSA) announces ranges; and further refine cost metrics the general nature of the evidence or plans to submit an Information and the cost reporting tool based on arguments they wish to present, the Collection Request (ICR), described feedback received through the pilot names and addresses of proposed below, to the Office of Management and study. Proposed standard cost metrics participants, and an indication of the Budget (OMB). Prior to submitting the have been developed based on a review approximate time requested to make ICR to OMB, HRSA seeks comments their presentation on or before of the existing literature for measures of from the public regarding the burden September 26, 2016. Time allotted for home visiting costs, as well as from estimate, below, or any other aspect of each presentation may be limited. If the ongoing discussions with developers of the ICR. number of registrants requesting to evidence-based home visiting models. speak is greater than can be reasonably DATES: Comments on this ICR must be Likely Respondents: Organizations accommodated during the scheduled received no later than August 19, 2016. including LIAs providing evidence- open public hearing session, FDA may ADDRESSES: Submit your comments to based home visiting services through conduct a lottery to determine the [email protected] or mail the HRSA the Federal Home Visiting Program. Information Collection Clearance speakers for the scheduled open public Burden Statement: Burden in this hearing session. The contact person will Officer, Room 10–29, 5600 Fishers Lane, Rockville, MD 20857. context means the time expended by notify interested persons regarding their persons to generate, maintain, retain, FOR FURTHER INFORMATION CONTACT: To request to speak by September 27, 2016. disclose or provide the information Persons attending FDA’s advisory request more information on the requested. This includes the time committee meetings are advised that the proposed project or to obtain a copy of needed to review instructions; to Agency is not responsible for providing the data collection plans and draft develop, acquire, install and utilize access to electrical outlets. instruments, email [email protected] FDA welcomes the attendance of the or call the HRSA Information Collection technology and systems for the purpose public at its advisory committee Clearance Officer at (301) 443–1984. of collecting, validating and verifying information, processing and meetings and will make every effort to SUPPLEMENTARY INFORMATION: When maintaining information, and disclosing accommodate persons with disabilities. submitting comments or requesting If you require accommodations due to a information, please include the and providing information; to train disability, please contact Kalyani Bhatt information request collection title for personnel and to be able to respond to at least 7 days in advance of the reference. a collection of information; to search meeting. Information Collection Request Title: data sources; to complete and review FDA is committed to the orderly Maternal, Infant, and Early Childhood the collection of information; and to conduct of its advisory committee Home Visiting Program Cost Reporting transmit or otherwise disclose the meetings. Please visit our Web site at Pilot Study. information. The total annual burden http://www.fda.gov/ OMB No.: 0906–xxxx—New. hours estimated for this Information AdvisoryCommittees/ Abstract: The Maternal, Infant, and Collection Request are summarized in AboutAdvisoryCommittees/ Early Childhood Home Visiting Program the table below.

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TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of Total burden per Total burden Form name respondents responses per responses response hours respondent (in hours)

Cost Elements Table ...... 90 1 90 4 360 Organizational Characteristics Table ...... 90 1 90 0.5 45

Total ...... 90 ...... 90 ...... 405

HRSA specifically requests comments In compliance with the requirement (202) 690–6162. Send written comments on (1) the necessity and utility of the of section 3506(c)(2)(A) of the and recommendations for the proposed proposed information collection for the Paperwork Reduction Act of 1995, information collections within 30 days proper performance of the agency’s Grants.gov (EGOV), Department of of this notice directly to the Grants.gov functions, (2) the accuracy of the Health and Human Services, is OMB Desk Officer; faxed to OMB at estimated burden, (3) ways to enhance publishing the following summary of a 202–395–6974. the quality, utility, and clarity of the proposed collection for public information to be collected, and (4) the comment. Interested persons are invited Proposed Project use of automated collection techniques to send comments regarding this burden Application for Federal Assistance or other forms of information estimate or any other aspect of this Research and Related SF424 OMB No. technology to minimize the information collection of information, including any collection burden. of the following subjects: (1) The 4040–0001. 3 Year Extension and assignment as a Jason E. Bennett, necessity and utility of the proposed information collection for the proper Common Form. Director, Division of the Executive Secretariat. performance of the agency’s functions; Office: Grants.gov. [FR Doc. 2016–14417 Filed 6–17–16; 8:45 am] (2) the accuracy of the estimated BILLING CODE 4165–15–P burden; (3) ways to enhance the quality, Abstract: The Application for Federal utility, and clarity of the information to Assistance SF–424 Research and be collected; and (4) the use of Related is an OMB-approved collection DEPARTMENT OF HEALTH AND (4040–0001). This information HUMAN SERVICES automated collection techniques or other forms of information technology to collection is used by more than 26 [30-Day notice] minimize the information collection Federal grant-making entities for burden. research and related projects. This IC Agency Information Collection originally was to expire on June 30, To obtain copies of the supporting Request. 30-Day Public Comment 2016. The expiration date has been statement and any related forms for the Request, Grants.gov extended to July 31, 2016. We are proposed paperwork collections requesting a three-year clearance of this AGENCY: Office of the Secretary, HHS. referenced above, email your request, Agency Information Collection including your address, phone number, collection and that it be designated as a Request; 30-Day Public Comment OMB number, to [email protected], Common Form. Request; Grants.gov. or call the Reports Clearance Office on Estimated Annualized Burden Table:

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Form name respondents responses per response hours respondent (in hours)

SF–424 Application for Federal Assistance—Research and Related ...... 137,407 1 1 137,407 Research and Related Budget 5 Year ...... 121,416 1 1 121,416 Research and Related Budget 10 Year ...... 1,118 1 1 1,118 SF–424 Research and Related Multi-Project Cover ...... 1,570 1 1 1,570 Research & Related Multi-Project 10 Year Budget ...... 1,570 1 1 1,570 R & R Multi-Project Subaward Budget Attachment(s) Form 10YR 30ATT ..... 1,570 ...... 1,570 R & R Subaward Budget Attachment(s) Form ...... 217 ...... 217 R & R Subaward Budget Attachment(s) Form 5 YR 30 ATT ...... 121,088 1 1 121,088 R & R Subaward Budget Attachment(s) Form 10 YR 30 ATT ...... 1,118 1 1 1,118 Research & Related Senior/Key Person Profile ...... 218 1 1 218 Research and Related Senior/Key Person Profile (Expanded) ...... 136,940 1 1 136,940 Research And Related Other Project Information ...... 137,699 1 1 137,699 SBIR/STTR Information ...... 21,289 1 1 21,289

Total ...... 683,220 ...... 683,220

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Terry S. Clark, publishing the following summary of a or call the Reports Clearance Office on Asst. Information Collection Clearance proposed collection for public (202) 690–6162. Send written comments Officer. comment. Interested persons are invited and recommendations for the proposed [FR Doc. 2016–14489 Filed 6–17–16; 8:45 am] to send comments regarding this burden information collections within 30 days BILLING CODE 4151–AE–P estimate or any other aspect of this of this notice directly to the Grants.gov collection of information, including any OMB Desk Officer; faxed to OMB at of the following subjects: (1) The 202–395–6974. DEPARTMENT OF HEALTH AND necessity and utility of the proposed HUMAN SERVICES information collection for the proper Proposed Project performance of the agency’s functions; [30-Day notice] Application for Federal Assistance (2) the accuracy of the estimated SF424 OMB No. 4040–0004. burden; (3) ways to enhance the quality, Agency Information Collection 3 Year Extension and assignment as a utility, and clarity of the information to Request; 30-Day Public Comment Common Form. Request, Grants.gov be collected; and (4) the use of automated collection techniques or Office: Grants.gov. AGENCY: Office of the Secretary, HHS. other forms of information technology to Abstract: The Application for Federal Agency Information Collection minimize the information collection Assistance SF–424 is an OMB-approved Request; 30-Day Public Comment burden. collection (4040–0004). This Request, Grants.gov. To obtain copies of the supporting information collection is used by more In compliance with the requirement statement and any related forms for the than 26 Federal grant-making entities. of section 3506(c)(2)(A) of the proposed paperwork collections This IC expires on June 30, 2016. We are Paperwork Reduction Act of 1995, referenced above, email your request, requesting a three-year clearance of this Grants.gov (EGOV), Department of including your address, phone number, collection and that it be designated as a Health and Human Services, is OMB number, to [email protected], Common Form.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Forms Type of respondent Number of responses per burden hours Total burden (if necessary) respondents respondent per response hours

SF–424 Application for Federal Assistance ...... Grant Applicant ...... 14,883 1 1 14,883

Total ...... 14,883 ...... 14,883

Terry S. Clark, proposed collection for public and recommendations for the proposed Asst. Information Collection Clearance comment. Interested persons are invited information collections within 30 days Officer. to send comments regarding this burden of this notice directly to the Grants.gov [FR Doc. 2016–14487 Filed 6–17–16; 8:45 am] estimate or any other aspect of this OMB Desk Officer; faxed to OMB at BILLING CODE 4151–AE–P collection of information, including any 202–395–6974. of the following subjects: (1) The Proposed Project necessity and utility of the proposed DEPARTMENT OF HEALTH AND information collection for the proper Application for Federal Assistance HUMAN SERVICES performance of the agency’s functions; SF–424 Individual. (2) the accuracy of the estimated [30-Day notice] 3 Year Extension. burden; (3) ways to enhance the quality, Office: Grants.gov. utility, and clarity of the information to Agency Information Collection Abstract: 4040–0005 is an OMB- be collected; and (4) the use of Request, 30-Day Public Comment approved collection. This information automated collection techniques or Request, Grants.gov collection is used by more than 2 other forms of information technology to Federal grant-making entities, but not by minimize the information collection AGENCY: Office of the Secretary, HHS. HHS. Therefore, burden hours are not burden. Agency Information Collection reported for HHS. Since this IC is used To obtain copies of the supporting Request. 30-Day Public Comment by more than 2 Federal grant-making statement and any related forms for the Request, Grants.gov. entities, Grants.gov seeks to assign this proposed paperwork collections In compliance with the requirement as a common form. This IC expires on referenced above, email your request, of section 3506(c)(2)(A) of the July 31, 2016. We are requesting a three- including your address, phone number, Paperwork Reduction Act of 1995, year clearance for 4040–0005 and that OMB number, to [email protected], Grants.gov (EGOV), Department of the form be designated as a common or call the Reports Clearance Office on Health and Human Services, is forms. publishing the following summary of a (202) 690–6162. Send written comments

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ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Forms Type of Number of responses per burden hours Total burden (if necessary) espondent respondents respondent per response hours

Application for Federal Assistance SF–424 Indi- Grant Applicant...... 0 1 1 0 vidual.

Total ...... 0 ...... 0

Terry S. Clark, Place: Bethesda North Marriott Hotel & Place: Crystal Gateway Marriott, 1700 Asst. Information Collection Clearance Conference Center, 5701 Marinelli Road, Jefferson Davis Highway, Arlington, VA Officer. North Bethesda, MD 20852. 22202. Contact Person: Michael P Reilly, Ph.D., [FR Doc. 2016–14493 Filed 6–17–16; 8:45 am] Contact Person: Carla Walls, Ph.D., Scientific Review Officer, Division of Scientific Review Officer, Office of Scientific BILLING CODE 4151–AE–P Scientific Review, Eunice Kennedy Shriver Review/DERA, National Heart, Lung, and National Institute, of Child Health and Blood Institute, 6701 Rockledge Drive, Room Human Development, NIH, 6710B Rockledge 7200, Bethesda, MD 20892, 301–496–9659, DEPARTMENT OF HEALTH AND Drive, Room 2137B, Bethesda, MD 20892, [email protected]. HUMAN SERVICES (301) 435–6898, [email protected]. Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel, (Catalogue of Federal Domestic Assistance National Institutes of Health Data Coordinating Center for Sub-Saharan Program Nos. 93.864, Population Research; Africa Consortium. Eunice Kennedy Shriver National 93.865, Research for Mothers and Children; Date: July 6, 2016. Institute of Child Health & Human 93.929, Center for Medical Rehabilitation Time: 12:30 p.m. to 4:30 p.m. Research; 93.209, Contraception and Development; Notice of Closed Agenda: To review and evaluate grant Infertility Loan Repayment Program, National Meetings applications. Institutes of Health, HHS) Place: Crystal Gateway Marriott, 1700 Pursuant to section 10(d) of the Dated: June 14, 2016. Jefferson Davis Highway, Arlington, VA 22202. Federal Advisory Committee Act, as Michelle Trout, Contact Person: Michael P Reilly, Ph.D., amended (5 U.S.C. App.), notice is Program Analyst, Office of Federal Advisory hereby given of the following meetings. Scientific Review Officer, Office of Scientific Committee Policy. Review/DERA, National Heart, Lung, and The meeting will be closed to the [FR Doc. 2016–14439 Filed 6–17–16; 8:45 am] Blood Institute, 6701 Rockledge Drive, Room public in accordance with the BILLING CODE 4140–01–P 7200, Bethesda, MD 20892, 301–496–9659, provisions set forth in section 552b(c)(4) [email protected]. and 552b(c)(6), title 5 U.S.C., as (Catalogue of Federal Domestic Assistance amended. The grant applications and DEPARTMENT OF HEALTH AND Program Nos. 93.233, National Center for the discussions could disclose HUMAN SERVICES Sleep Disorders Research; 93.837, Heart and confidential trade secrets or commercial Vascular Diseases Research; 93.838, Lung property such as patentable material, National Institutes of Health Diseases Research; 93.839, Blood Diseases and personal information concerning and Resources Research, National Institutes individuals associated with the grant National Heart, Lung, and Blood of Health, HHS) applications, the disclosure of which Institute; Notice of Closed Meetings Dated: June 14, 2016. would constitute a clearly unwarranted Michelle Trout, invasion of personal privacy. Pursuant to section 10(d) of the Program Analyst, Office of Federal Advisory Name of Committee: Eunice Kennedy Federal Advisory Committee Act, as Committee Policy. Shriver National Institute of Child Health amended (5 U.S.C. App.), notice is [FR Doc. 2016–14437 Filed 6–17–16; 8:45 am] and Human Development Special Emphasis hereby given of the following meetings. BILLING CODE 4140–01–P Panel, DSR–W51. The meetings will be closed to the Date: July 11–12, 2016. public in accordance with the Time: 8:30 a.m. to 5:00 p.m. provisions set forth in sections DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant HUMAN SERVICES applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: Bethesda North Marriott Hotel & as amended. The grant applications and National Institutes of Health Conference Center, 5701 Marinelli Road, the discussions could disclose North Bethesda, MD 20852. confidential trade secrets or commercial National Center for Complementary & Contact Person: Carla Walls, Ph.D., property such as patentable material, Integrative Health; Notice of Closed Scientific Review Officer, Division of and personal information concerning Meeting Scientific Review, Eunice Kennedy Shriver individuals associated with the grant National Institute of Child Health and applications, the disclosure of which Pursuant to section 10(d) of the Human Development, NIH, 6710B Rockledge would constitute a clearly unwarranted Federal Advisory Committee Act, as Drive, Room 2137B, Bethesda, MD 20892, amended (5 U.S.C. App.), notice is (301) 435–6898, [email protected]. invasion of personal privacy. hereby given of the following meeting. Name of Committee: Eunice Kennedy Name of Committee: National Heart, Lung, The meeting will be closed to the Shriver National Institute of Child Health and Blood Institute Special Emphasis Panel; public in accordance with the and Human Development Special Emphasis Sub-Saharan Africa Consortium for Sickle Panel, DSR–W50. Cell Disease. provisions set forth in sections Date: July 12, 2016. Date: July 6, 2016. 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Time: 8:00 a.m. to 5:00 p.m. Time: 8:00 a.m. to 12:00 p.m. as amended. The grant applications and Agenda: To review and evaluate grant Agenda: To review and evaluate grant the discussions could disclose applications. applications. confidential trade secrets or commercial

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property such as patentable material, Contact Person: Lita Proctor, Ph.D., Scientific Review, National Institutes of and personal information concerning Extramural Research Programs Staff, Program Health, 6701 Rockledge Drive, Room 3206, individuals associated with the grant Director, Human Microbiome Project, Bethesda, MD 20892, 301–755–4355, applications, the disclosure of which National Human Genome Research Institute, [email protected]. 5635 Fishers Lane, Suite 4076, Bethesda, MD Name of Committee: Center for Scientific would constitute a clearly unwarranted 20892, 301–496–4550, proctorlm@ invasion of personal privacy. Review Special Emphasis Panel; SPARC: Pre- mail.nih.gov. Clinical Development of Existing Market- Name of Committee: National Center for (Catalogue of Federal Domestic Assistance Approved Devices to Support New Market Complementary and Integrative Health Program Nos. 93.172, Human Genome Indications. Special Emphasis Panel; NCCIH Training, Research, National Institutes of Health, HHS) Date: July 12, 2016. Career Development, Fellowship, and Time: 12:00 p.m. to 4:00 p.m. Dated: June 14, 2016. Research Grant Review. Agenda: To review and evaluate grant Date: July 28, 2016. Sylvia L. Neal, applications. Time: 12:00 p.m. to 5:00 p.m. Program Analyst, Office of Federal Advisory Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant Committee Policy. Rockledge Drive, Bethesda, MD 20892. applications. [FR Doc. 2016–14436 Filed 6–17–16; 8:45 am] Contact Person: Robert C. Elliott, Ph.D., Place: National Institutes of Health, BILLING CODE 4140–01–P Scientific Review Officer, Center for NCCIH, Suite 401, 6707 Democracy Scientific Review, National Institutes of Boulevard, Bethesda, MD 20892, (Virtual Health, 6701 Rockledge Drive, Room 3130, Meeting). DEPARTMENT OF HEALTH AND MSC 7850, Bethesda, MD 20892, 301–435– Contact Person: Martina Schmidt, Ph.D., 3009, [email protected]. Chief, Office of Scientific Review, National HUMAN SERVICES Name of Committee: Center for Scientific Center for Complementary & Integrative Review Special Emphasis Panel; Member Health, NIH, 6707 Democracy Blvd., Suite National Institutes of Health Conflict: Cancer Biology. 401, Bethesda, MD 20892, 301–594–3456, Date: July 13, 2016. [email protected]. Center for Scientific Review; Notice of Time: 11:00 a.m. to 3:00 p.m. (Catalogue of Federal Domestic Assistance Closed Meetings Agenda: To review and evaluate grant Program Nos. 93.213, Research and Training applications. in Complementary and Integrative Health, Pursuant to section 10(d) of the Federal Advisory Committee Act, as Place: National Institutes of Health, 6701 National Institutes of Health, HHS) Rockledge Drive, Bethesda, MD 20892, amended (5 U.S.C. App.), notice is Dated: June 14, 2016. (Telephone Conference Call). hereby given of the following meetings. Michelle Trout, Contact Person: Charles Morrow, MD, The meetings will be closed to the Ph.D., Scientific Review Officer, Center for Program Analyst, Office of Federal Advisory public in accordance with the Scientific Review, National Institutes of Committee Policy. provisions set forth in sections Health, 6701 Rockledge Drive, Room 6202, [FR Doc. 2016–14435 Filed 6–17–16; 8:45 am] 552b(c)(4) and 552b(c)(6), title 5 U.S.C., MSC 7804, Bethesda, MD 20892, 301–451– BILLING CODE 4140–01–P as amended. The grant applications and 4467, [email protected]. the discussions could disclose Name of Committee: Center for Scientific confidential trade secrets or commercial Review Special Emphasis Panel; PAR Panel: DEPARTMENT OF HEALTH AND property such as patentable material, NIDDK Translational Research. HUMAN SERVICES and personal information concerning Date: July 14, 2016. individuals associated with the grant Time: 1:00 p.m. to 5:00 p.m. National Institutes of Health Agenda: To review and evaluate grant applications, the disclosure of which applications. National Human Genome Research would constitute a clearly unwarranted Place: National Institutes of Health, 6701 Institute; Notice of Closed Meeting invasion of personal privacy. Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific (Virtual Meeting). Pursuant to section 10(d) of the Contact Person: John Bleasdale, Ph.D., Federal Advisory Committee Act, as Review Special Emphasis Panel; PAR 13– 109: Mechanistic Insights from Birth Cohorts. Scientific Review Officer, Center for amended (5 U.S.C. App.), notice is Date: July 11, 2016. Scientific Review, National Institutes of hereby given of the following meeting. Time: 9:00 a.m. to 1:00 p.m. Health, 6701 Rockledge Drive, Room 6170, The meeting will be closed to the Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, 301–435– public in accordance with the applications. 4514, [email protected]. provisions set forth in sections Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892, Review Special Emphasis Panel; as amended. The grant applications and (Telephone Conference Call). Fellowships: AIDS and AIDS related the discussions could disclose Contact Person: Valerie Durrant, Ph.D., applications. confidential trade secrets or commercial Scientific Review Officer, Center for Date: July 15, 2016. property such as patentable material, Scientific Review, National Institutes of Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 3148, Agenda: To review and evaluate grant and personal information concerning MSC 7770, Bethesda, MD 20892, (301) 827– applications. individuals associated with the grant 6390, [email protected]. Place: Residence Inn Bethesda, 7335 applications, the disclosure of which Name of Committee: Center for Scientific Wisconsin Avenue, Bethesda, MD 20814. would constitute a clearly unwarranted Review Special Emphasis Panel; Member Contact Person: Jingsheng Tuo, Ph.D., invasion of personal privacy. Conflicts: Social and Behavioral Influences Scientific Review Officer, Center for Name of Committee: National Human on HIV Prevention and Treatment. Scientific Review, National Institutes of Genome Research Institute Special Emphasis Date: July 12, 2016. Health, 6701 Rockledge Drive, Room 3196, Panel; ENCODE DCC and DAC. Time: 10:00 a.m. to 3:00 p.m. Bethesda, MD 20892, 301–451–5953, tuoj@ Date: July 15, 2016. Agenda: To review and evaluate grant csr.nih.gov. Time: 10:00 a.m. to 1:00 p.m. applications. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Review Special Emphasis Panel; applications. Rockledge Drive, Bethesda, MD 20892, Fellowships: Physiology and Pathobiology of Place: NHGRI, 5635FL, 3rd Floor (Telephone Conference Call). Cardiovascular and Respiratory Systems. Conference Room, Fishers Lane, Rockville, Contact Person: Shalanda A. Bynum, MPH, Date: July 18–19, 2016. MD 20852 (Telephone Conference Call). Ph.D., Scientific Review Officer, Center for Time: 8:00 a.m. to 3:00 p.m.

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Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., MSC 7717, Bethesda, MD 20892, 301–435– applications. as amended. The grant applications and 0229, [email protected]. Place: Wyndham Grand Chicago the discussions could disclose Name of Committee: Center for Scientific Riverfront, 71 East Upper Wacker Drive, Review Special Emphasis Panel; AREA Chicago, IL 60601. confidential trade secrets or commercial property such as patentable material, application in Infectious Diseases and Contact Person: Abdelouahab Aitouche, Microbiology. Ph.D., Scientific Review Officer, Center for and personal information concerning Date: July 18, 2016. Scientific Review, National Institutes of individuals associated with the grant Time: 8:30 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4222, applications, the disclosure of which Agenda: To review and evaluate grant MSC 7812, Bethesda, MD 20892, 301–435– would constitute a clearly unwarranted applications. 2365, [email protected]. invasion of personal privacy. Place: Residence Inn Bethesda, 7335 Name of Committee: Center for Scientific Wisconsin Avenue, Bethesda, MD 20814. Name of Committee: AIDS and Related Review Special Emphasis Panel; NS16–021: Contact Person: Liangbiao Zheng, Ph.D., Research Integrated Review Group; AIDS- Mechanistic Basis of Diffuse White Matter Scientific Review Officer, Center for associated Opportunistic Infections and Disease in VCID. Scientific Review, National Institutes of Cancer Study Section. Date: July 19, 2016. Health, 6701 Rockledge Drive, Room 3202, Date: July 11, 2016. Time: 10:00 a.m. to 5:00 p.m. MSC 7808, Bethesda, MD 20892, 301–996– Time: 8:00 a.m. to 6:30 p.m. Agenda: To review and evaluate grant 5819, [email protected]. applications. Agenda: To review and evaluate grant applications. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Review Special Emphasis Panel; AREA Rockledge Drive, Bethesda, MD 20892, Place: Mayflower Park Hotel, 405 Olive Way, Seattle, WA 98101. Application in Parasitic Infection. (Virtual Meeting). Date: July 18, 2016. Contact Person: Linda MacArthur, Ph.D., Contact Person: Eduardo A. Montalvo, Ph.D., Scientific Review Officer, Center for Time: 1:00 p.m. to 4:00 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5108, applications. Health, 6701 Rockledge Drive, Room 4187, Place: Residence Inn Bethesda, 7335 Bethesda, MD 20892, 301–537–9986, MSC 7852, Bethesda, MD 20892, (301) 435– 1168, [email protected]. Wisconsin Avenue, Bethesda, MD 20814. [email protected]. Contact Person: Fouad A. El-Zaatari, Ph.D., Name of Committee: Center for Scientific Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel; PAR–15– Review Special Emphasis Panel; Scientific Review, National Institutes of 357: Understanding Alzheimer’s Disease in Bioengineering Sciences and Technologies: Health, 6701 Rockledge Drive, Room 3206, the Context of the Aging Brain. AREA Review. MSC 7808, Bethesda, MD 20892, (301) 435– Date: July 12, 2016. Date: July 19, 2016. 1149, [email protected]. Time: 11:00 a.m. to 5:00 p.m. Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel; Member applications. applications. Place: National Institutes of Health, 6701 Conflict: Cancer Immunopathology and Place: National Institutes of Health, 6701 Immunotherapy. Rockledge Drive, Bethesda, MD 20892, Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Date: July 18, 2016. (Virtual Meeting). Time: 1:00 p.m. to 3:00 p.m. Contact Person: Michael L. Bloom, Ph.D., Contact Person: Boris P. Sokolov, Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5217A, Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 6187, Rockledge Drive, Bethesda, MD 20892 MSC 7804, Bethesda, MD 20892, 301–451– MSC 7846, Bethesda, MD 20892, 301–408– 9115, [email protected]. (Telephone Conference Call). 0132, [email protected]. Contact Person: Jeffrey Smiley, Ph.D., Name of Committee: Center for Scientific (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Review Special Emphasis Panel; Member Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of Conflict: Sleep, Depression, Addictions, and 93.333, Clinical Research, 93.306, 93.333, Health, 6701 Rockledge Drive, Room 6194, Child/Adolescent Health. 93.337, 93.393–93.396, 93.837–93.844, MSC 7804, Bethesda, MD 20892, 301–594– Date: July 13, 2016. 93.846–93.878, 93.892, 93.893, National 7945, [email protected]. Institutes of Health, HHS) Time: 8:00 a.m. to 3:00 p.m. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Dated: June 14, 2016. applications. Program Nos. 93.306, Comparative Medicine; Natasha M. Copeland, Place: National Institutes of Health, 6701 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, Program Analyst, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 93.846–93.878, 93.892, 93.893, National Committee Policy. (Virtual Meeting). Contact Person: Wind Cowles, Ph.D., Institutes of Health, HHS). [FR Doc. 2016–14434 Filed 6–17–16; 8:45 am] Scientific Review Officer, Center for Dated: June 14, 2016. BILLING CODE 4140–01–P Scientific Review, National Institutes of Sylvia L. Neal, Health, 6701 Rockledge Drive, Room 3172, Bethesda, MD 20892, [email protected]. Program Analyst, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. Name of Committee: Center for Scientific HUMAN SERVICES Review Special Emphasis Panel; Mentored [FR Doc. 2016–14433 Filed 6–17–16; 8:45 am] Training in Comparative and Veterinary BILLING CODE 4140–01–P National Institutes of Health Medicine. Date: July 14–15, 2016. Center for Scientific Review Notice of Time: 8:00 a.m. to 7:00 p.m. DEPARTMENT OF HEALTH AND Closed Meetings Agenda: To review and evaluate grant HUMAN SERVICES Pursuant to section 10(d) of the applications. Place: National Institutes of Health, 6701 National Institutes of Health Federal Advisory Committee Act, as Rockledge Drive, Bethesda, MD 20892 amended (5 U.S.C. App.), notice is (Virtual Meeting). National Institute on Drug Abuse; hereby given of the following meetings. Contact Person: Kenneth Ryan, Ph.D., Notice of Closed Meeting The meetings will be closed to the Scientific Review Officer, Center for public in accordance with the Scientific Review, National Institutes of Pursuant to section 10(d) of the provisions set forth in sections Health, 6701 Rockledge Drive, Room 3218, Federal Advisory Committee Act, as

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amended (5 U.S.C. App), notice is would constitute a clearly unwarranted Agenda: To review and evaluate grant hereby given of the following meeting. invasion of personal privacy. applications. The meeting will be closed to the Place: Embassy Suites at the Chevy Chase Name of Committee: National Institute of Pavilion, 4300 Military Road NW., public in accordance with the Neurological Disorders and Stroke Special provisions set forth in sections Washington, DC 20015. Emphasis Panel; NST–1 Member Conflict. Contact Person: Joanna Kubler-Kielb, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 16, 2016. Scientific Review Officer, Scientific Review as amended. The grant applications and Time: 7:00 a.m. to 8:00 p.m. Branch, Eunice Kennedy Shriver National the discussions could disclose Agenda: To review and evaluate grant Institute of Child Health and Human confidential trade secrets or commercial applications. Development, NIH, 6710B Rockledge Drive, property such as patentable material, Place: Wyndham Grand Chicago Room 2127D, Bethesda, MD 20892, (301) Riverfront, 71 E. Wacker Drive, Chicago, IL 435–6916, [email protected]. and personal information concerning 60601. This notice is being published less than 15 individuals associated with the grant Contact Person: William Benzing, Ph.D., days prior to the meeting due to the timing applications, the disclosure of which Scientific Review Administrator, Scientific limitations imposed by the review and would constitute a clearly unwarranted Review Branch, NINDS/NIH/DHHS, funding cycle. invasion of personal privacy. Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892– (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Program Nos. 93.864, Population Research; Drug Abuse Special Emphasis Panel; 9529, 301–496–0660, benzingw@ mail.nih.gov. 93.865, Research for Mothers and Children; Exploratory Studies of Smoking Cessation 93.929, Center for Medical Rehabilitation Interventions for People with Schizophrenia This notice is being published less than 15 Research; 93.209, Contraception and (R21/R33). days prior to the meeting due to the timing Infertility Loan Repayment Program, National Date: July 8, 2016. limitations imposed by the review and Institutes of Health, HHS) Time: 1:00 p.m. to 3:00 p.m. funding cycle. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Dated: June 14, 2016. applications. Program Nos. 93.853, Clinical Research Michelle Trout, Place: National Institutes of Health, Related to Neurological Disorders; 93.854, Program Analyst, Office of Federal Advisory Neuroscience Center, 6001 Executive Biological Basis Research in the Committee Policy. Boulevard, Rockville, MD 20852 (Telephone Neurosciences, National Institutes of Health, [FR Doc. 2016–14440 Filed 6–17–16; 8:45 am] Conference Call). HHS) Contact Person: Jose F. Ruiz, Ph.D., BILLING CODE 4140–01–P Scientific Review Officer, Office of Dated: June 14, 2016. Extramural Policy and Review, National Sylvia L. Neal, Institute on Drug Abuse, NIH, Room 4228, Program Analyst, Office of Federal Advisory DEPARTMENT OF HEALTH AND MSC 9550, 6001 Executive Blvd., Bethesda, Committee Policy. HUMAN SERVICES MD 20892–9550, (301) 451–3086, ruizjf@ [FR Doc. 2016–14442 Filed 6–17–16; 8:45 am] nida.nih.gov. National Institutes of Health BILLING CODE 4140–01–P (Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug Abuse and National Heart, Lung, and Blood Addiction Research Programs, National Institute; Notice of Closed Meetings Institutes of Health, HHS) DEPARTMENT OF HEALTH AND HUMAN SERVICES Pursuant to section 10(d) of the Dated: June 14, 2016. Federal Advisory Committee Act, as Natasha M. Copeland, National Institutes of Health amended (5 U.S.C. App.), notice is Program Analyst, Office of Federal Advisory hereby given of the following meetings. Committee Policy. Eunice Kennedy Shriver National The meetings will be closed to the [FR Doc. 2016–14441 Filed 6–17–16; 8:45 am] Institute of Child Health & Human public in accordance with the Development; Notice of Closed BILLING CODE 4140–01–P provisions set forth in sections Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the as amended. The grant applications and DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as the discussions could disclose HUMAN SERVICES amended (5 U.S.C. App.), notice is confidential trade secrets or commercial property such as patentable material, National Institutes of Health hereby given of the following meeting. The meeting will be closed to the and personal information concerning National Institute of Neurological public in accordance with the individuals associated with the grant Disorders and Stroke; Notice of Closed provisions set forth in section 552b(c)(4) applications, the disclosure of which Meeting and 552b(c)(6), Title 5 U.S.C., as would constitute a clearly unwarranted amended. The grant applications and invasion of personal privacy. Pursuant to section 10(d) of the the discussions could disclose Name of Committee: National Heart, Lung, Federal Advisory Committee Act, as confidential trade secrets or commercial and Blood Institute Special Emphasis Panel; amended (5 U.S.C. App.), notice is property such as patentable material, NHLBI Conference Grant Review (R13). hereby given of the following meeting. and personal information concerning Date: July 12, 2016. The meeting will be closed to the individuals associated with the grant Time: 8:30 a.m. to 5:00 p.m. public in accordance with the applications, the disclosure of which Agenda: To review and evaluate grant provisions set forth in sections would constitute a clearly unwarranted applications. Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), title 5 U.S.C., invasion of personal privacy. as amended. The grant applications and Rockledge Drive, Room 7184, Bethesda, MD the discussions could disclose Name of Committee: Eunice Kennedy 20892 (Telephone Conference Call). Shriver National Institute of Child Health Contact Person: YingYing Li-Smerin, MD, confidential trade secrets or commercial and Human Development Initial Review Ph.D., Scientific Review Officer, Office of property such as patentable material, Group, Function, Integration, and Scientific Review/DERA, National Heart, and personal information concerning Rehabilitation Sciences Subcommittee. Lung, and Blood Institute, 6701 Rockledge individuals associated with the grant Date: June 24, 2016. Drive, Room 7184, Bethesda, MD 20892– applications, the disclosure of which Time: 8:00 a.m. to 5:00 p.m. 7924, 301–435–0277, [email protected].

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Name of Committee: National Heart, Lung, limitations imposed by the review and Institute on Drug Abuse, National and Blood Institute Special Emphasis Panel; funding cycle. Institute on Alcohol Abuse and NHLBI Emerging Investigator Award (EIA). (Catalogue of Federal Domestic Assistance Alcoholism, National Institute of Mental Date: July 13, 2016. Program Nos. 93.306, Comparative Medicine; Health, Agency for Health Care Policy Time: 2:00 p.m. to 6:00 p.m. 93.333, Clinical Research, 93.306, 93.333, and Research, National Institute of Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, applications. Justice, and other sources, as well as 93.846–93.878, 93.892, 93.893, National other SAMHSA programs. To Place: Bethesda Marriott, 5151 Pooks Hill Institutes of Health, HHS) Road, Bethesda, MD 20814. accomplish this, the ATTCs develop Contact Person: Kristen Page, Ph.D., Dated: June 14, 2016. and update state-of-the-art, research- Scientific Review Officer, Office of Scientific based curricula and professional Review/DERA, National Heart, Lung, and Sylvia L. Neal, Program Analyst, Office of Federal Advisory development training. Blood Institute, 6701 Rockledge Drive, Room CSAT monitors the performance of 7185, Bethesda, MD 20892, 301–496–2434, Committee Policy. [email protected]. ATTC events. The ATTCs hold three [FR Doc. 2016–14432 Filed 6–17–16; 8:45 am] types of events: Technical assistance (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.233, National Center for events, meetings, and trainings. An Sleep Disorders Research; 93.837, Heart and ATTC technical assistance event is Vascular Diseases Research; 93.838, Lung DEPARTMENT OF HEALTH AND defined as a jointly planned Diseases Research; 93.839, Blood Diseases HUMAN SERVICES consultation generally involving a series and Resources Research, National Institutes of contacts between the ATTC and an of Health, HHS) Substance Abuse and Mental Health outside organization/institution during Dated: June 14, 2016. Services Administration which the ATTC provides expertise and Michelle Trout, gives direction toward resolving a Program Analyst, Office of Federal Advisory Agency Information Collection problem or improving conditions. An Committee Policy. Activities: Proposed Collection; ATTC meeting is defined as an ATTC [FR Doc. 2016–14438 Filed 6–17–16; 8:45 am] Comment Request sponsored or co-sponsored event in which a group of people representing BILLING CODE 4140–01–P In compliance with Section one or more agencies other than the 3506(c)(2)(A) of the Paperwork ATTC work cooperatively on a project, Reduction Act of 1995 concerning DEPARTMENT OF HEALTH AND problem, and/or policy. An ATTC opportunity for public comment on HUMAN SERVICES training is defined as an ATTC- proposed collections of information, the sponsored or co-sponsored event of at National Institutes of Health Substance Abuse and Mental Health least three hours that focuses on the Services Administration (SAMHSA) enhancement of knowledge and/or Center for Scientific Review; Notice of will publish periodic summaries of skills. Higher education classes are Closed Meeting proposed projects. To request more included in this definition, with each information on the proposed projects or Pursuant to section 10(d) of the course considered as one training event. to obtain a copy of the information CSAT currently uses seven (7) Federal Advisory Committee Act, as collection plans, call the SAMHSA instruments to monitor the performance amended (5 U.S.C. App.), notice is Reports Clearance Officer at (240) 276– and improve the quality of ATTC hereby given of the following meeting. 1243. The meeting will be closed to the events. Two (2) of these forms, the Comments are invited on: (a) Whether public in accordance with the Meeting Follow-up Form and the the proposed collections of information provisions set forth in sections Technical Assistance Follow-up Form, are necessary for the proper 552b(c)(4) and 552b(c)(6), title 5 U.S.C., are currently approved by the Office of performance of the functions of the as amended. The grant applications and Management and Budget (OMB) through agency, including whether the the discussions could disclose approval for CSAT Government information shall have practical utility; confidential trade secrets or commercial Performance and Results Act (GPRA) property such as patentable material, (b) the accuracy of the agency’s estimate Customer Satisfaction instruments and personal information concerning of the burden of the proposed collection (OMB No. 0930–0197). CSAT is not individuals associated with the grant of information; (c) ways to enhance the seeking any action related to these two applications, the disclosure of which quality, utility, and clarity of the forms at this time. They are merely would constitute a clearly unwarranted information to be collected; and (d) referenced here to provide clarity and invasion of personal privacy. ways to minimize the burden of the context to the description of the forms collection of information on CSAT uses to monitor the performance Name of Committee: Center for Scientific respondents, including through the use of the ATTCs. Review Special Emphasis Panel; Molecular of automated collection techniques or The remaining five (5) instruments for Targets for Cancer Intervention. program monitoring and quality Date: June 27–28, 2016. other forms of information technology. Time: 8:00 a.m. to 5:00 p.m. improvement of ATTC events are Project: Addiction Technology Transfer currently approved by the OMB (OMB Agenda: To review and evaluate grant Centers (ATTC) Network Program applications. No. 0930–0216) for use through April Place: Embassy Suites at the Chevy Chase Monitoring (OMB No. 0930–0216)— 30, 2013. These five forms are as Pavilion, 4300 Military Road NW., Extension follows: Event Description Form; Washington, DC 20015. The Substance Abuse and Mental Training Post Event Form; Training Contact Person: Careen K. Tang-Toth, Health Administration’s (SAMHSA) Follow-up Form; Meeting Post Event Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Center for Substance Abuse Treatment Form; and Technical Assistance Post Health, 6701 Rockledge Drive, Room 6214, (CSAT) will continue to monitor Event Form. Sixty percent of the forms MSC 7804, Bethesda, MD 20892, (301)435– program performance of its Addiction are administered in person to 3504, [email protected]. Technology Transfer Centers (ATTCs). participants at educational and training This notice is being published less than 15 The ATTCs disseminate current health events, who complete the forms by days prior to the meeting due to the timing services research from the National paper and pencil. Ten percent of the

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training courses are online, and thus, status of certification or licensure, CSAT is proposing to continue to use those forms are administered online. workplace role, employment setting, the form as is. The remaining thirty percent is made up satisfaction with the quality of the (5) Technical Assistance (TA) Post of 30-day follow-up forms that are training and training materials, and to Event Form. This form is distributed to distributed to consenting participants assess their level of skills in the topic technical assistance participants at the via electronic mail using an online area. There are no revisions to the form. end of the TA event. This form asks survey tool. At this time, CSAT is CSAT is proposing to continue to use approximately 30 questions of each requesting approval to extend the use of the form as is. individual that participated in the TA these five forms as is, with no revisions. (3) Training Follow-up Form. The event. TA participants are asked to A description of each of these forms Training Follow-up form, which is follows. administered 30-days after the event to report demographic information, (1) Event Description Form (EDF). The 25% of consenting participants, asks education, profession, field of study, EDF collects descriptive information about 25 questions. The form asks status of certification or licensure, about each of the events of the ATTC participants to report demographic workplace role, employment setting, Network. This instrument asks information, satisfaction with the and satisfaction with the quality of the approximately 10 questions of ATTC quality of the training and training event and event materials, and to assess faculty/staff relating to the event focus materials, and to assess their level of their level of skills in the topic area. No and format, as well as publications to be skills in the topic area. No revisions are revisions are being made to the form. used during the event. It allows the being made to the form. CSAT is CSAT is proposing to continue to use ATTC Network and CSAT to track the proposing to continue to use the form as the form as is. number and types of events held. There is. (6) The information collected on the are no revisions to the form. CSAT is (4) Meeting Post Event Form. This ATTC forms will assist CSAT in proposing to continue to use the form as form is distributed to meeting documenting the numbers and types of is. participants at the end of the meeting, participants in ATTC events, describing (2) Training Post Event Form. This and collected from them before they the extent to which participants report form is distributed to training leave. This form asks approximately 30 improvement in their clinical participants at the end of the training questions of each individual that competency, and which method is most activity, and collected from them before participated in the meeting. Meeting effective in disseminating knowledge to they leave. For training events which participants are asked to report take place over an extended period of demographic information, education, various audiences. This type of time, this form is completed after the profession, field of study, status of information is crucial to support CSAT final session of training. The form asks certification or licensure, workplace in complying with GPRA reporting approximately 30 questions of each role, employment setting, and requirements and will inform future individual that participated in the satisfaction with the quality of the event development of knowledge training. Training participants are asked and event materials, and to assess their dissemination activities. to report demographic information, level of skills in the topic area. No The chart below summarizes the education, profession, field of study, revisions are being made to the form. annualized burden for this project.

Responses Hourly Type of respondent Number of per Total Hours per Total annual wage Total hour cost respondents respondent responses response burden hours cost

ATTC Faculty/Staff: Event Description Form ...... 250 1 250 .25 62.50 $20.64 $1,290 Meeting and Technical Assistance Partici- pants: Post-Event Form ... 5,000 1 5,000 .12 600 20.64 12,384

Follow-up Form ..... Covered under CSAT Government Performance and Results Act (GPRA) Customer Satisfaction form (OMB # 0930– 0197)

Training Participants: Post-Event Form ... 30,000 1 30,000 .16 4,800 20.64 99,072 Follow-up Form ..... 7,500 1 7,500 .16 1,200 20.64 24,768

Total ...... 42,750 ...... 42,750 ...... 6,662.50 ...... 137,514

Send comments to Summer King, Written comments should be received DEPARTMENT OF HOMELAND SAMHSA Reports Clearance Officer, by August 19, 2016. SECURITY Room 15E57–B, 5600 Fishers Lane, Summer King, Rockville, MD 20852 OR email a copy Coast Guard at [email protected]. Statistician. [FR Doc. 2016–14511 Filed 6–17–16; 8:45 am] [USCG–2016–0499] BILLING CODE 4162–20–P National Maritime Security Advisory Committee; Teleconference

AGENCY: Coast Guard, DHS.

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ACTION: Notice of teleconference Committee Act (Title 5, United States Dated: June 15, 2016. meeting. Code, Appendix). K.P. McAvoy, The National Maritime Security Captain, U.S. Coast Guard, Acting Director SUMMARY: The National Maritime of Inspections and Compliance. Security Advisory Committee will meet Advisory Committee operates under the authority of 46 U.S.C. 70112. The [FR Doc. 2016–14512 Filed 6–17–16; 8:45 am] on July 5, 2016, via teleconference to BILLING CODE 9110–04–P discuss various issues relating to National Maritime Security Advisory national maritime security. This Committee provides advice, consults meeting will be open to the public. with, and makes recommendations to the Secretary of Homeland Security, via DEPARTMENT OF HOUSING AND DATES: The Committee will meet by URBAN DEVELOPMENT teleconference on Tuesday, July 5, 2016 the Commandant of the Coast Guard, on from 3 p.m. to 5 p.m. Eastern Daylight matters relating to national maritime [Docket No. FR–5953–N–01] Time. This meeting may close early if security. Notice of Intent To Prepare a Draft all business is finished. To join the Agenda of Meeting teleconference, contact the individual Environmental Impact Statement (EIS) for the Rebuild by Design listed in the FOR FURTHER INFORMATION The agenda for the July 5, 2016 Meadowlands Flood Protection Project CONTACT section to obtain the needed teleconference is as follows: in Bergen County, New Jersey information no later than 3 p.m. on July (1) Coast Guard Cyber Security 1, 2016. The number of teleconference Tasking. At their last public meeting, AGENCY: Office of the Assistant lines is limited and will be available on the Committee was asked to provide Secretary for Community Planning and a first-come, first-served basis. Written recommendations concerning a Cyber Development, HUD. comments for distribution to Committee Security Information Sharing and ACTION: Notice of intent to prepare an members before the meeting must be Analysis Center. A copy of the tasking EIS. submitted no later than June 27, 2016. can be found at http:// SUMMARY: The U.S. Department of ADDRESSES: Written comments may be homeport.uscg.mil/nmsac. The National Housing and Urban Development (HUD) submitted to the docket for this notice, Maritime Security Advisory Committee gives notice that the State of New Jersey USCG–2016–0499, using the Federal will meet via teleconference to receive Department of Environmental Protection eRulemaking Portal at http:// the report of the working group and www.regulations.gov. To facilitate (NJDEP), on behalf of the State of New provide recommendations. The public public participation, we are inviting Jersey through its Department of will be provided an opportunity to public comment on the issues to be Community Affairs (NJDCA), as the considered by the Committee as listed comment prior to any voting on this recipient of U.S. Department of Housing in the ‘‘Agenda’’ section below. If you issue. and Urban Development (HUD) grant encounter technical difficulties, contact (2) Transportation Worker funds, and as the ‘‘Responsible Entity,’’ the individual in the FOR FURTHER Identification Credential; Next as that term is defined by HUD INFORMATION CONTACT section of this Generation Specifications. At the last regulations at 24 CFR 58.2(a)(7)(i), document for alternate instructions. public meeting The Committee was intends to prepare an Environmental Instructions: All submissions must tasked with providing recommendations Impact Statement (EIS) for the Rebuild include the words ‘‘Department of on what the next generation of by Design (RBD) Meadowlands Flood Homeland Security’’ and the docket Transportation Worker Credentials and Protection Project (the Proposed number for this action. Comments readers should incorporate. A copy of Project). The State of New Jersey, received will be posted without the tasking can be found at http:// through NJDCA, has designated the alteration at http://regulations.gov, homeport.uscg.mil/nmsac. The National NJDEP as the Lead Agency to prepare the EIS for the Proposed Project in including any personal information Maritime Security Advisory Committee accordance with the National provided. You may review a Privacy Act will meet via teleconference to receive Environmental Policy Act (NEPA). The notice regarding the Federal Docket the report of the working group and Management system in the March 24, EIS will analyze the environmental provide recommendations. The public effects of alternatives for the 2005, issue of the Federal Register (70 will be provided an opportunity to FR 15086). construction of flood risk reduction comment prior to any voting on this measures within the Boroughs of Little Docket Search: For access to the issue. docket to read documents or comments Ferry, Moonachie, Carlstadt, and related to this notice, go to http:// (3) Extremely Hazardous Cargo Teterboro, and the Township of South www.regulations.gov, type USCG–2016– Strategy. The Committee will receive a Hackensack, all in Bergen County, New 0499 in the Search box, press Enter, and tasking to work with the Chemical Jersey (the Project Area). Such measures then click on the item you wish to view. Transportation Advisory Committee in will be designed to address the impacts of coastal and riverine (fluvial) flooding FOR FURTHER INFORMATION CONTACT: Mr. developing an implementation strategy on the quality of the human Ryan Owens, Alternate Designated for the Strategy. environment in the Project Area due to Federal Official of the National During the July 5, 2016 meeting via both sea level rise and storm hazards, Maritime Security Advisory Committee, teleconference, a public comment will including heavy rainfall events and 2703 Martin Luther King Jr. Avenue SE., be held from approximately 4:45 p.m. to intense coastal storm events. The Washington, DC 20593, Stop 7581, 5 p.m. Speakers are requested to limit approximate Project Area boundaries Washington, DC 20593–7581; telephone their comments to three minutes. Please are: Hackensack River to the east; 202–372–1108 or email ryan.f.owens@ note that this public comment period Paterson Plank Road and the southern uscg.mil. may start before 4:45 p.m. if all other boundary of Carlstadt to the south; State SUPPLEMENTARY INFORMATION: Notice of agenda items have been covered and Route 17 to the west; and Interstate 80 this meeting via teleconference is in may end before 5 p.m. if all those and the northern boundary of the compliance with the Federal Advisory wishing to comment have done so. Borough of Little Ferry to the north.

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The State of New Jersey through will be published in the Federal A public scoping meeting (described NJDCA is the Grantee of HUD Register and local media outlets at that herein); scheduled community advisory Community Development Block Grant time in accordance with HUD and CEQ group meetings associated with the Disaster Recovery (CDBG–DR) funds Regulations. Any person or agency preparation of the EIS; meetings with that have been appropriated under the interested in receiving notice and the applicable cooperating, involved, Disaster Relief Appropriations Act of commenting on the Draft Scope of Work and interested agencies, as necessary; 2013 (Pub. L. 113–2, approved January or Draft EIS should contact the and meetings with Section 106 29, 2013) related to disaster relief, long- individual named in this notice under consulting parties, including federally term recovery, restoration of the heading FOR FURTHER INFORMATION recognized Indian tribes. Once infrastructure and housing, and CONTACT no later than July 20, 2016. completed and released, the Draft EIS economic revitalization in the most DATES: Comments on the Draft Scope of will be available for public and agency impacted and distressed areas resulting Work are requested by this notice and review and comment. from a major disaster that was declared will be accepted until July 20, 2016. With NJDEP serving as the Lead pursuant to the Robert T. Stafford ADDRESSES: Comments on the Draft Agency, the EIS will be prepared in Disaster Relief and Emergency Scope of Work are requested by this accordance with NEPA, CEQ regulations Assistance Act of 1974 (Stafford Act) in notice and will be accepted by the found at 40 CFR parts 1500–1508, and calendar year 2012 for Hurricane Sandy. individuals named in this notice under HUD regulations found at 24 CFR part The Proposed Project was developed the heading FOR FURTHER INFORMATION 58. In accordance with 42 U.S.C. 5304(g) and selected as a winning concept CONTACT. and HUD’s regulations at 24 CFR part 58 through HUD’s and the Hurricane Sandy Comments may also be submitted: (1) (entitled, ‘‘Environmental Review Rebuilding Task Force’s RBD Online to the NJDCA Web site at http:// Procedures for Entities Assuming HUD competition. The RBD competition www.nj.gov/dca/divisions/ Environmental Responsibilities’’), HUD promotes the development of innovative sandyrecovery/review/; or (2) U.S. Mail has provided for assumption of its resilience projects in the Sandy-affected to: Ms. Laura Shea, Assistant NEPA authority by the State of New region. HUD has allocated $150 million Commissioner, Sandy Recovery Jersey through the NJDCA, with NJDCA in CDBG–DR funds for the planning, Division, New Jersey Department of delegating NEPA Lead Agency design, and implementation of this responsibility to the NJDEP for the Project. Receipt of CDBG–DR funding Community Affairs, 101 South Broad Street, P.O. Box 800, Trenton, NJ 08625– administration of the Proposed Project. requires compliance with NEPA. The EIS will also comply, as This Notice of Intent to prepare an EIS 0800. Comments will also be accepted at the necessary, with Section 106 of the is, therefore, being published in National Historic Preservation Act, the accordance with NEPA, the Council of NEPA scoping meeting to be held on July 6, 2016. All comments received by Clean Water Act, Executive Order 12898 Environmental Quality (CEQ) NEPA ‘‘Federal Actions to Address Regulations found at 40 CFR parts July 20, 2016 will be considered prior to the acceptance, certification, and Environmental Justice in Minority 1500–1508, HUD implementing Populations and Low-Income regulations at 24 CFR part 58, and distribution of the Final Scope of Work, which will reflect substantive comments Populations,’’ Executive Order 11990 HUD’s additional environmental review ‘‘Protection of Wetlands,’’ Executive requirements for the Project published received during the public scoping period and used as input into the Order 11988 ‘‘Floodplain Management,’’ in a Federal Register notice on October Executive Order 13690 ‘‘Establishing a 16, 2014 (79 FR 62182). This Notice of development of the Draft EIS. Commenters are also requested to Federal Flood Risk Management Intent to prepare a EIS (as defined at 40 Standard and a Process for Further CFR 1508.22) is in accordance with CEQ submit: (a) Any information related to reports or other environmental studies Soliciting and Considering Stakeholder Regulations, and represents the Input,’’ and other applicable Federal, beginning of the public scoping process planned or completed in the Project State, and local laws and regulations. as outlined in 40 CFR 1501.7. Area; (b) major issues that the Draft EIS A Draft Public Scoping Document, or should consider; and (c) any FOR FURTHER INFORMATION CONTACT: For Draft Scope of Work to prepare an EIS recommended mitigation measures and further information, to request a copy of (Draft Scope of Work), for the Proposed alternatives associated with the the Draft Scope of Work, to comment on Project is available at www.rbd- Proposed Project. the Draft Scope of Work, and/or to meadowlands.nj.gov. The Draft Scope of Federal agencies having jurisdiction address questions concerning the Work outlines the Proposed Project’s by law, special expertise, or other Proposed Project, please contact NJDEP purpose and need, initial range of special interest should report their via (1) email at rbd-meadowlands@ alternatives, resource areas to be interest and indicate their readiness to dep.nj.gov; or (2) U.S. Mail to Mr. addressed in the EIS, proposed aid in the EIS effort as a ‘‘Cooperating Dennis Reinknecht, RBD Program analytical methodologies, and other Agency.’’ Written requests of Manager, Engineering and Construction, elements associated with the Project and individuals and organizations to Office of Flood Hazard Risk Reduction this NEPA process as known at this participate as Section 106 Consulting Measures, 501 East State Street, Mail early stage. Parties under the National Historic Code 501–01A, P.O. Box 420, Trenton, Following the public scoping process, Preservation Act may also be made to NJ 08625–0420. a Draft EIS will be prepared that the individual named in this notice Persons may also view the Draft analyzes the Proposed Project. Once the under the heading FOR FURTHER Scope of Work by visiting the Rebuild Draft EIS is certified as complete, a INFORMATION CONTACT. by Design-Meadowlands Web site at notice will then be sent to appropriate The public and agencies will also be www.rbd-meadowlands.nj.gov. government agencies, groups, and offered an opportunity to comment on SUPPLEMENTARY INFORMATION: individuals known to have an the purpose and need, range of involvement or interest in the Draft EIS alternatives, level of detail, A. Project Background and particularly in the environmental methodologies, and other elements of HUD launched the RBD competition impact issues identified therein. A the Draft Scope of Work through public in the summer of 2013 (July 29, 2013, Notice of Availability of the Draft EIS and agency outreach that will consist of: 78 FR 45551) to develop ideas to

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improve physical, ecological, economic, of the immediate challenges following proposed flood protection system would and social resilience in regions affected the hurricane. The goal of the Proposed also provide ancillary benefits by by Hurricane Sandy. The competition Project is to reduce such damages, enhancing natural areas and allowing sought to promote innovation by impacts, and losses during future events public access to open spaces and developing flexible solutions that would by decreasing the flooding risk in the increased recreational opportunities increase regional resilience. The Project Area. along the Hackensack River. The EIS Proposed Project was one of the will examine alternatives that best meet B. Purpose of and Need for the competition’s winning concepts; it was the purpose and need of the Proposed Proposed Project developed with the primary goal of Project. reducing flood risk in the Project Area. The Proposed Project includes the C. Project Alternatives HUD awarded $150 million to the State construction of flood risk reduction of New Jersey for the Proposed Project. measures designed to address the The EIS will examine three build The EIS will analyze potential impacts impacts of coastal and riverine (fluvial) alternatives, as well as a No Action of certain alternatives involving flooding on the quality of the human Alternative. Each of the three build construction of flood risk reduction environment due to both storm hazards alternatives will seek to reduce the flood measures designed to address the and sea level rise within the Project risk within the Project Area. These impacts of coastal and riverine (fluvial) Area. The purpose of the Proposed alternatives vary by the type of flooding in the Project Area, stemming Project is to reduce flood risk in the infrastructure that is proposed. from the award-winning RBD design. Project Area, thereby protecting critical Alternative 1 will analyze the use of The Project Area is vulnerable to both infrastructure, residences, and levees, berms, barriers, or floodwalls to inland and coastal flooding. Hurricane businesses from the more frequent and reduce flood risk. Alternative 2 will Sandy exposed the vulnerabilities intense flood events anticipated in the analyze the impacts of substantial within the Project Area after low-lying future. drainage improvements achieved areas were inundated by coastal storm The Proposed Project is needed to through a series of local projects within surges. Within the Project Area, rainfall- address: (1) Systemic inland flooding the Project Area to reduce flood risk, induced flooding is more common and from high-intensity rainfall/runoff Alternative 3, a hybrid of Alternatives 1 happens more frequently than coastal events, and (2) coastal flooding from and 2, will analyze the impacts of storm surge flooding. However, during storm surges and abnormally high tides. blending new infrastructure and Hurricane Sandy the impacts of rainfall In addition to reducing flooding in the drainage improvements to reduce flood flooding were considerably less than Project Area, the Proposed Project is risk in the Project Area. those from coastal storm surge flooding. needed to directly protect life, public Each alternative is being evaluated If Hurricane Sandy had been a health, and property in the Project Area, through the ongoing engineering substantial rainfall event as well as a reduce flood insurance rates and claims feasibility analysis and application of storm surge event, the Project Area’s from future events, and potentially preliminary screening criteria. These past history of flooding during heavy restore property values to the extent alternatives will be further developed rainfall events indicates that the storm possible with the available funding. The and modified as the EIS process could have further increased flood Proposed Project is needed to increase proceeds. Each alternative must be levels and property damages. community resiliency, including implementable within the limits of the Hurricane Sandy significantly protecting accessibility to, and on-going CDBG–DR funding available at the latest impacted the Project Area, highlighting operations of, critical health care by September 30, 2022. The three build existing deficiencies in the Project services, emergency services, and alternatives, as currently proposed, are Area’s resiliency and ability to transportation and utility infrastructure. summarized below. adequately protect vulnerable The Proposed Project will also deliver Alternative 1 or the Structural Flood populations and critical infrastructure co-benefits, potentially integrating the Reduction Alternative. Alternative 1 from flooding during major storm flood hazard risk reduction strategy will analyze various structural, events. These impacts included with civic, cultural, and recreational infrastructure-based solutions that extensive inland flooding due to major values to incorporate active and passive would be constructed to provide tidal surges, with significant damage to recreational uses, multi-use facilities, protection from both fluvial and tidal/ residential and commercial properties, public spaces, and other design storm surge flooding. This alternative, to impacts to critical health care facilities, elements that integrate the Proposed the extent practical, would provide a and the failure of critical power, Project into the fabric of the community Federal Emergency Management Agency transportation, and water and sewer to the extent practical with the available (FEMA) Certifiable level of flood infrastructure. Approximately 1,600 funding. protection to a portion of the Project homes, 600 rental properties, and 1,900 To address these needs, the Proposed Area. This alternative may consist of a businesses within the Project Area were Project would combine hard range of structures, including levees, damaged by Hurricane Sandy. Loss of infrastructure (such as bulkheads or berms, barriers, drainage structures, income, loss of property taxes, and other floodwalls), soft landscaping features pump stations, floodgates, and/or other Sandy-related property damage were (such as berms and/or levees), and/or a hard and soft infrastructure to achieve estimated to be in excess of $40 million series of drainage improvements that the required level of flood protection. within the Project Area, including over would reduce flooding in the Project Different routing alignments and $20 million in property damages alone. Area, with freshwater basins and the different levels of flood protection are The average amount of property damage Meadowlands wetlands themselves also being considered. to each structure in the Project Area increasing flood storage capacity and Alternative 2 or the Fluvial/Rain ranged from approximately $1,000 to flood protection. The Proposed Project Event Drainage Improvement $12,000. Nearly 30 percent of the would connect to and potentially Alternative. Alternative 2 will analyze a structures damaged within the Project expand existing and future marshland series of storm water drainage projects Area were renter-occupied; finding restoration efforts by the New Jersey aimed at reducing the occurrence of affordable replacement housing for Sports and Exhibition Authority. Urban higher frequency, small- to medium- renters within the Project Area was one design features integrated into the scale flooding events that impact the

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communities located in the Project EIS process and the basis for their Dated: June 10, 2016. Area. Together, these interventions involvement. Harriet Tregoning, would provide a system of improved E. Scoping Principal Deputy Assistant, Secretary for storm water management, and may Community Planning and Development. include both local drainage A public scoping meeting on the Draft [FR Doc. 2016–14524 Filed 6–17–16; 8:45 am] improvements and wetlands restoration Scope of Work will be held on July 6, BILLING CODE 4210–67–P to protect communities located in the 2016, from 6:00 until 8:00 p.m. at the Project Area and address day-to-day Robert J. Craig School, located at 20 water management challenges. These West Park Street, Moonachie, NJ 07074. DEPARTMENT OF HOUSING AND interventions may include: Drainage The public meeting facility will be URBAN DEVELOPMENT ditches, pipes, and pump stations at handicapped-accessible to the mobility- strategic locations; increased roadway impaired. Interpreter services will be [Docket No. FR–5910–N–09] elevations; new green infrastructure made available for persons who are (e.g., wetland drainage basins, hearing or visually impaired, upon 60-Day Notice of Proposed Information bioswales), water storage areas, and advance request. Interpreter services Collection: OneCPD Technical water control structures; cleaning and will also be made available for persons Assistance Needs Assessment de-snagging of existing waterways; and with Limited English Proficiency AGENCY: Office of Community Planning increasing and enhancing public open through a language access service, upon and Development, HUD. space. advance request. The EIS scoping ACTION: Notice. Alternative 3 or the Hybrid meeting will provide an opportunity for Alternative. Alternative 3 will analyze a the public to learn more about the SUMMARY: HUD is seeking approval from strategic, synergistic blend of new Project and provide input on the EIS the Office of Management and Budget infrastructure and local drainage and the NEPA process. (OMB) for the information collection improvements to reduce flood risk in During the meeting, an overview of described below. In accordance with the the Project Area. Components of the Proposed Project will be provided, Paperwork Reduction Act, HUD is Alternatives 1 and 2 will be combined as well as details on the early requesting comment from all interested to provide an integrated, hybrid solution development of alternatives. The public parties on the proposed collection of that employs a combination of scoping meeting will also provide an information. The purpose of this notice appropriate levees, berms, drainage opportunity for the public to provide is to allow for 60 days of public structures, pump stations, and/or comment on the Draft Scope of Work. comment. floodgates, coupled with local drainage The Draft Scope of Work will be made DATES: Comments Due Date: August 19, improvement projects, to achieve the available to the public for review and 2016. maximum amount of flood protection comment at the scoping meeting. An within the boundaries of the Project electronic version of the Draft Scope of ADDRESSES: Interested persons are Area. Work is available at www.rbd- invited to submit comments regarding No Action Alternative. The No Action meadowlands.nj.gov. this proposal. Comments should refer to Alternative will also be evaluated in Comments on the Draft Scope of Work the proposal by name and/or OMB accordance with CEQ Regulations at 40 may be provided during the scoping Control Number and should be sent to: CFR 1502.14(d). The No Action meeting, or via the methods specified in Colette Pollard, Reports Management Alternative represents the status quo or this notice under the heading FOR Officer, QDAM, Department of Housing baseline conditions without FURTHER INFORMATION CONTACT. and Urban Development, 451 7th Street implementation of any of the Comments on the Draft Scope of Work SW., Room 4186, Washington, DC improvements associated with the are requested by this notice and will be 20410–5000; telephone (202) 402–3400 Proposed Project. accepted and considered until July 20, (this is not a toll-free number) or email The alternatives analysis will consist 2016. at [email protected] for a copy of of a comparison of the four alternatives’ the proposed forms or other available F. Probable Environmental Effects impacts on the human environment information. Persons with hearing or pursuant to 24 CFR part 58, as well as The following areas have been speech impairments may access this how well each alternative meets the identified for analysis in the EIS: Land number through TTY by calling the toll- Purpose of and Need for the Proposed use and land use planning; visual free Federal Relay Service at (800) 877– Project. This process, which will be quality and aesthetics; socioeconomics 8339. described in detail in the Draft EIS, will and community/population and FOR FURTHER INFORMATION CONTACT: lead to the designation of a Preferred housing; environmental justice; cultural Kenneth Rogers, Senior CPD Specialist, Alternative. and historic resources; transportation, Department of Housing and Urban traffic, and circulation, including airport Development, 451 7th Street SW., Room D. Need for the EIS operations; noise and vibration; air 7218, Washington, DC 20410–5000; The Proposed Project described above quality; greenhouse gas emissions; email me at [email protected] has the potential to significantly affect global climate change; recreation; or telephone (202) 402–4396. This is not the quality of the human environment. utilities and service systems; public a toll-free number. Persons with hearing An EIS will therefore be prepared in services; biological resources, including or speech impairments may access this accordance with NEPA requirements. threatened and endangered species; number through TTY by calling the toll- Responses to this notice will be used to: geology and soils; hydrology and free Federal Relay Service at (800) 877– (1) Determine significant environmental flooding, including floodplain 8339. Copies of available documents issues; (2) assist in developing a range management; water resources, water submitted to OMB may be obtained of alternatives to be considered; (3) quality, and waters of the United States, from Ms. Pollard. identify issues that the EIS should including wetlands; coastal zone SUPPLEMENTARY INFORMATION: This address; and (4) identify agencies and management; hazards and hazardous notice informs the public that HUD is other parties that will participate in the materials; and cumulative impacts. seeking approval from OMB for the

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information collection described in Type of Request: Extension. programs and projects that increase the Section A. Form Number: N/A. supply of affordable housing units, Description of the need for the prevent and reduce homelessness, A. Overview of Information Collection information and proposed use: improve data collection and reporting, Title of Information Collection: Application information is needed to and use coordinated neighborhood and OneCPD Technical Assistance Needs determine competition winners, i.e., the community development strategies to Assessment. technical assistance providers best able revitalize and strengthen their OMB Approval Number: 2506–0198. to develop efficient and effective communities.

Number of Frequency of Responses Burden hour Annual burden Hourly cost Information collection respondents response per annum per response hours per response Annual cost

Application ...... 52 1 52 100 5,200 $0 $0 Work Plans ...... 23 10 230 18 4,140 40 165,600 Reports ...... 23 4 72 6 432 40 17,280 Recordkeeping ...... 23 12 276 6 1,656 40 66,240

Total ...... 11,248 ...... 249,120

B. Solicitation of Public Comment DEPARTMENT OF HOUSING AND or telephone (202) 708–2290. This is not URBAN DEVELOPMENT a toll-free number. Persons with hearing This notice is soliciting comments or speech impairments may access this [Docket No. FR–5910–N–10] from members of the public and affected number through TTY by calling the toll- parties concerning the collection of 60-Day Notice of Proposed Information free Federal Relay Service at (800) 877– information described in Section A on Collection: Veterans Home 8339. the following: Rehabilitation Program Copies of available documents (1) Whether the proposed collection submitted to OMB may be obtained AGENCY: Office of Community Planning of information is necessary for the from Ms. Williams. and Development, HUD. proper performance of the functions of SUPPLEMENTARY INFORMATION: This the agency, including whether the ACTION: Notice. notice informs the public that HUD is information will have practical utility; SUMMARY: HUD is seeking approval from seeking approval from OMB for the (2) The accuracy of the agency’s the Office of Management and Budget information collection described in estimate of the burden of the proposed (OMB) for the information collection Section A. collection of information; described below. In accordance with the Paperwork Reduction Act, HUD is A. Overview of Information Collection (3) Ways to enhance the quality, requesting comment from all interested Title of Information Collection: utility, and clarity of the information to parties on the proposed collection of Veterans Home Rehabilitation Program. be collected; and information. The purpose of this notice (4) Ways to minimize the burden of is to allow for 60 days of public OMB Approval Number: 2506–new. the collection of information on those comment. Type of Request: New. who are to respond; including through DATES: Comments Due Date: August 19, Form Number: SF–424; HUD 424–CB; the use of appropriate automated 2016. HUD 424–CBW; SF–LLL; HUD 2880; collection techniques or other forms of ADDRESSES: Interested persons are HUD 2990; HUD 2991; HUD 2993; HUD information technology, e.g., permitting invited to submit comments regarding 2994A; HUD 27061; and HUD 27300. electronic submission of responses. this proposal. Comments should refer to Description of the need for the HUD encourages interested parties to the proposal by name and/or OMB information and proposed use: The submit comments in response to these Control Number and should be sent to: purpose of this submission is for questions. Colette Pollard, Reports Management applications for the Veterans Home Officer, QDAM, Department of Housing Rehabilitation Program grant process. C. Authority and Urban Development, 451 7th Street The Veterans Home Rehabilitation SW., Room 4186, Washington, DC Section 3507 of the Paperwork program is funded by the Consolidated 20410–5000; telephone (202) 402–3400 Appropriations Act of 2016, Section Reduction Act of 1995, 44 U.S.C. (this is not a toll-free number) or email Chapter 35. 1079 (Pub. L. 113–291). Information is at [email protected] for a copy of required to rate and rank competitive Dated: June 8, 2016. the proposed forms or other available applications and to ensure eligibility of Harriet Tregoning, information. Persons with hearing or applicants for funding. Quarterly Principal Deputy Assistant Secretary for speech impairments may access this reporting is required to monitor grant Community Planning and Development. number through TTY by calling the toll- management. [FR Doc. 2016–14520 Filed 6–17–16; 8:45 am] free Federal Relay Service at (800) 877– 8339. Respondents: Public. BILLING CODE 4210–67–P FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: Jackie L. Williams, Ph.D., Director, 200. Office of Rural Housing and Economic Estimated Number of Responses: 200. Development, Department of Housing Frequency of Response: Once. and Urban Development, 451 7th Street SW., Room 7240, Washington, DC Average Hours per Response: 2,548. 20410; email at [email protected] Total Estimated Burdens: 63,700.

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Estimated number of Annual Total Burden per Total annual Burden cost respondents responses responses responses hours per instrument

HUD–424CB ...... 200 1 200 3.12 624 15,600 HUD–424CBW ...... 200 1 200 3.12 624 15,600 HUD–2880 ...... 200 1 200 2 400 10,000 HUD–2991 ...... 200 1 200 0 0 0 HUD–2993 ...... 200 1 200 0 0 0 HUD–2994A ...... 200 1 200 .5 100 2,500 HUD–27061 ...... 200 1 200 1 200 5,000 HUD–27300 ...... 200 1 200 3 600 15,000

200 1 200 ...... 2,548 63,700

B. Solicitation of Public Comment SUMMARY: We, the U.S. Fish and primary goal of our endangered species This notice is soliciting comments Wildlife Service, announce the program and the Endangered Species from members of the public and affected availability of the Recovery Plan for four Act of 1973, as amended (Act; 16 U.S.C. parties concerning the collection of plant species of the Santa Rosa Plain: 1531 et seq.). Recovery means information described in Section A on The Sonoma sunshine, Burke’s improvement of the status of listed the following: goldfields, the Sebastopol meadowfoam, species to the point at which listing is (1) Whether the proposed collection and the Sonoma County Distinct no longer appropriate under the criteria of information is necessary for the Population Segment of the California specified in section 4(a)(1) of the Act. proper performance of the functions of Tiger Salamander. The recovery plan The Act requires the development of the agency, including whether the includes recovery objectives and recovery plans for listed species, unless information will have practical utility; criteria, and specific actions necessary such a plan would not promote the (2) The accuracy of the agency’s to achieve removal of the species from conservation of a particular species. estimate of the burden of the proposed the Federal Lists of Endangered and We listed Blennosperma bakeri collection of information; Threatened Wildlife and Plants. (Sonoma sunshine), Lasthenia burkei (3) Ways to enhance the quality, ADDRESSES: You may obtain a copy of (Burke’s goldfields), and Limnanthes utility, and clarity of the information to the recovery plan from our Web site at vinculans (Sebastopol meadowfoam) as be collected; and http://www.fws.gov/endangered/ endangered on December 2, 1991 (56 FR (4) Ways to minimize the burden of species/recovery-plans.html. 61173). The present ranges of these the collection of information on those Alternatively, you may contact the species are predominantly located on who are to respond; including through Sacramento Fish and Wildlife Office, the Santa Rosa Plain, which is located the use of appropriate automated U.S. Fish and Wildlife Service, 2800 in central Sonoma County, bordered on collection techniques or other forms of Cottage Way, Suite W–2605, the south and west by the Laguna de information technology, e.g., permitting Sacramento, CA 95825 (telephone 916– Santa Rosa, on the east by the Coast electronic submission of responses. 414–6700). Range foothills, and on the north by the Russian River. However, the geographic HUD encourages interested parties to FOR FURTHER INFORMATION CONTACT: area covered by this recovery plan submit comments in response to these Jennifer Norris, Field Supervisor, at the questions. includes all known locations of the above street address by telephone (see species, some of which are outside of C. Authority ADDRESSES). the Plain. They are annual plants that Section 3507 of the Paperwork SUPPLEMENTARY INFORMATION: We exist only in seasonal wetlands. Reduction Act of 1995, 44 U.S.C. announce the availability of the We listed the Sonoma County Chapter 35. Recovery Plan for the following four California tiger salamander, which we identified as a distinct population Dated: June 8, 2016. species of the Santa Rosa Plain: • segment (DPS), as endangered on March Harriet Tregoning, Blennosperma bakeri (Sonoma sunshine) 19, 2003 (68 FR 13498). The species is Principal Deputy Assistance Secretary for • endemic to the Santa Rosa Plain. The Community Planning and Development. Lasthenia burkei (Burke’s goldfields) • Limnanthes vinculans (Sebastopol Sonoma County California tiger [FR Doc. 2016–14522 Filed 6–17–16; 8:45 am] meadowfoam) salamander requires seasonal wetlands BILLING CODE 4210–67–P • Sonoma County Distinct Population for breeding, and the surrounding Segment of the California Tiger uplands (upland habitat) for dispersal, Salamander (Ambystoma feeding, growth, maturation, and DEPARTMENT OF THE INTERIOR californiense) maintenance of the juvenile and adult The recovery plan includes recovery population. Fish and Wildlife Service objectives and criteria, and specific The loss, degradation, and [FWS–R8–ES–2016–N071; FXES11130000– actions necessary to achieve removal of fragmentation of seasonal wetlands due 156–FF08E00000] the species from the Federal Lists of to development have led to population Endangered and Threatened Wildlife declines for all four species. While Endangered and Threatened Wildlife and Plants. ongoing agricultural practices have and Plants; Recovery Plan for Four disturbed seasonal wetlands, certain Species of the Santa Rosa Plain Background agricultural practices, such as irrigated AGENCY: Fish and Wildlife Service, Recovery of endangered or threatened or grazed pasture, have protected habitat Interior. animals and plants to the point where from intensive development and are they are again secure, self-sustaining compatible with persistence of these ACTION: Notice of availability. members of their ecosystems is a listed species. However, conversion of

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pastures to vineyards is a current threat Authority Æ Klamath Refuge Basin National of high magnitude. We developed our recovery plan Wildlife Refuge Complex Headquarters, 4009 Hill Road, Tulelake, CA 96134. Recovery Plan Goals under the authority of section 4(f) of the Act, 16 U.S.C. 1533(f). We publish this Æ The following libraries: For the The purpose of a recovery plan is to notice under section 4(f) of the location of libraries with a copy of this provide a framework for the recovery of Endangered Species Act of 1973, as document, see Public Availability of species so that protection under the Act amended (16 U.S.C. 1531 et seq.). Documents under SUPPLEMENTARY is no longer necessary. A recovery plan INFORMATION. includes scientific information about Dated: May 31, 2016. the species and provides criteria that Ren Lohoefener, Submitting Comments: You may enable us to gauge whether downlisting Regional Director, Pacific Southwest Region. submit written comments by one of the or delisting the species is warranted. [FR Doc. 2016–14456 Filed 6–17–16; 8:45 am] following methods: Furthermore, recovery plans help guide BILLING CODE 4333–15–P • Electronically: Go to the Federal our recovery efforts by describing eRulemaking Portal: http:// actions we consider necessary for each www.regulations.gov. In the Search box, species’ conservation and by estimating DEPARTMENT OF THE INTERIOR enter FWS–R8–NWRS–2016–0063, time and costs for implementing needed which is the docket number for this Fish and Wildlife Service recovery measures. notice. Then, on the right side of the The ultimate goal of this recovery screen, click ‘‘Open Docket Folder’’ to plan is to recover Blennosperma bakeri [FWS–R8–NWRS–2016–0063; locate the documents and submit a (Sonoma sunshine), Lasthenia burkei FXRS12610800000–167–FF08R00000] comment. (Burke’s goldfields), Limnanthes • By hard copy: Submit by U.S. mail vinculans (Sebastopol meadowfoam), Lower Klamath, Clear Lake, Tule Lake, or hand-delivery to: Public Comments and California Tiger Salamander Upper Klamath, and Bear Valley Processing, Attn: FWS–R8–NWRS– Sonoma County Distinct Population National Wildlife Refuges, Klamath 2016–0063; U.S. Fish and Wildlife Segment (Ambystoma californiense) so County, OR; Siskiyou and Modoc Service Headquarters, MS: BPHC; 5275 that they can be delisted. To meet the Counties, CA: Draft Comprehensive recovery goals, the following objectives Conservation Plan/Environmental Leesburg Pike, Falls Church, VA 22041– have been identified: Impact Statement 3803. 1. Restore habitat conditions to AGENCY: Fish and Wildlife Service, We request that you send comments sustain viable (meta) populations of Interior. by only the methods described above. species to support self-sufficiency in We will post all information received on ACTION: Notice availability; extension of http://www.regulations.gov. This perpetuity. public comment period. 2. Maintain the current geographic, generally means that we will post any elevational, and ecological distribution SUMMARY: We, the Fish and Wildlife personal information you provide us of each listed species. Service (Service), announce the (see the Public Comments under 3. Maintain the genetic structure and extension of the public comment period SUPPLEMENTARY INFORMATION for more diversity of existing populations. on the Draft Comprehensive information). 4. Protect and manage sufficient Conservation Plan (CCP) and FOR FURTHER INFORMATION CONTACT: habitat to ensure that the listed entity is Environmental Impact Statement (EIS) Klamath Refuge Planner, (916) 414– able to adapt to unforeseen or unknown for Lower Klamath, Clear Lake, Tule 6464 (phone). threats, such as climate change. Lake, Upper Klamath, and Bear Valley 5. Reintroduce individuals to National Wildlife Refuges (Refuges). We SUPPLEMENTARY INFORMATION: We successfully establish new populations opened the comment period on May 6, announce the extension of the public in historically occupied areas. 2016, via a Federal Register notice, and comment period on the Draft 6. Minimize the contribution of extant now extend it to accommodate public Comprehensive Conservation Plan or potential threats. requests. If you have already submitted (CCP) and Environmental Impact comments, you do not need to resubmit Statement (EIS) for Lower Klamath, 7. Monitor species population trends them. They will be considered. Clear Lake, Tule Lake, Upper Klamath, across multiple years (and varied and Bear Valley National Wildlife climatic conditions) to determine DATES: The comment period for the Refuges (Refuges). We opened the whether abundances are sustainable. document published in the Federal comment period on May 6, 2016, via a 8. Manage occurrences on a case-by- Register of May 6, 2016 (81 FR 27468) is extended. To ensure consideration, Federal Register notice (81 FR 27468), case basis during consultation, with an and now extend it to accommodate emphasis on protections to identified we must receive your written comments by August 4, 2016. Comments submitted public requests. If you have already core areas. submitted comments, you do not need As Blennosperma bakeri (Sonoma electronically using the Federal eRulemaking Portal (see ADDRESSES) to resubmit them. They will be sunshine), Lasthenia burkei (Burke’s considered. goldfields), Limnanthes vinculans must be received by 11:59 p.m. Eastern (Sebastopol meadowfoam), and Time on the closing date. Public Availability of Documents California Tiger Salamander Sonoma ADDRESSES: County Distinct Population Segment Document Availability: You may In addition to any methods in (Ambystoma californiense) meet obtain copies of the documents in the ADDRESSES, you can view or obtain reclassification and recovery criteria, we following places: documents at the following locations: will review their status and consider • Internet: http://www.regulations.gov • Public Libraries: The table below them for removal from the Federal Lists (Docket Number FWS–R8–NWRS– lists the libraries where the document of Endangered and Threatened Wildlife 2016–0063). can be found during regular library and Plants. • In Person: hours.

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Library Address Phone No.

Klamath County Main ...... 126 South Third Street, Klamath Falls, OR 97601 ...... (541) 882–8894 Keno Branch ...... 15555 Hwy 66, #1, Keno, OR 97627 ...... (541) 273–0750 Malin Branch ...... 2307 Front Street, Malin, OR 97632 ...... (541) 723–5210 Merrill Branch ...... 365 Front Street, Merrill, OR 97633 ...... (541) 798–5393 S. Suburban Branch ...... 3625 Summers Lane, Klamath Falls, OR 97603 ...... (541) 273–3679 Tulelake Branch ...... 451 Main Street, Tulelake, CA 96134 ...... (530) 667–2291 Butte Valley Branch ...... 800 West Third Street, Dorris, CA 96023 ...... (530) 397–4932 Redding ...... 1100 Parkview Ave., Redding, CA 96001 ...... (530) 245–7250 Multnomah Co. Central ...... 801 SW 10th Ave, Portland, OR 97205 ...... (530) 988–5123 Sacramento Public Central Branch ...... 828 I St., Sacramento, CA 95814 ...... (916) 264–2700 Medford ...... 205 S. Central Ave, Medford, OR 95701 ...... (541) 774–8689

Public Comments DEPARTMENT OF THE INTERIOR www.fws.gov/midwest/endangered/ permits/hcp/wildcat/. We request that you send comments Fish and Wildlife Service • U.S. Mail: You can obtain the only by one of the methods described in documents by mail from the Indiana ADDRESSES. If you submit a comment via [FWS–R3–ES–2016–N089; FF03E00000– Ecological Services Field Office (see FOR http://www.regulations.gov, your entire FXES11120300000–167] FURTHER INFORMATION CONTACT). comment—including your personal • In-Person: To view hard copies of identifying information—will be posted Draft Environmental Assessment, Draft the documents in person, go to one of on the Web site. We will post all Habitat Conservation Plan, and Draft the Ecological Services Offices (8 a.m. to hardcopy comments on http:// Implementing Agreement; Receipt of 4 p.m.) listed under FOR FURTHER www.regulations.gov as well. If you an Application for an Incidental Take INFORMATION CONTACT. submit a hardcopy comment that Permit, Wildcat Wind Farm, Madison Comment submission: In your includes personal identifying and Tipton Counties, Indiana comment, please specify whether your comment addresses the draft HCP, draft information, you may request at the top AGENCY: Fish and Wildlife Service, of your document that we withhold this EA, or draft IA, or any combination of Interior. the aforementioned documents, or other information from public review. ACTION: Notice of availability; request supporting documents. You may submit However, we cannot guarantee that we for comments. written comments by one of the will be able to do so. Comments and following methods: materials we receive, as well as SUMMARY: We, the U.S. Fish and • Electronically: Submit by email to documents associated with the notice, Wildlife Service (Service), have received [email protected]. will be available for public inspection an application from Wildcat Wind Farm • By hard copy: Submit by U.S. mail on http://www.regulations.gov at Docket I, LLC (applicant), for an incidental take or hand-delivery to U.S. Fish and No. FWS–R8–NWRS–2016–0063. permit (ITP) under the Endangered Wildlife Service; Bloomington Species Act of 1973, as amended (ESA), Ecological Services Field Office; 620 S. Public Meetings for its Wildcat Wind Farm (Wildcat) Walker Street; Bloomington, IN 47403. The locations, dates, and times of (project). If approved, the ITP would be FOR FURTHER INFORMATION CONTACT: public meetings will be listed in a for a 28-year period and would Scott Pruitt, Field Supervisor, planning update distributed to the authorize the incidental take of an Bloomington, Indiana, Ecological endangered species, the Indiana bat, and project mailing list and posted on the Services Field Office, U.S. Fish and a threatened species, the northern long- refuge planning Web site at http:// Wildlife Service, 620 South Walker eared bat. The applicant has prepared a www.fws.gov/refuge/Tule_Lake/what_ Street, Bloomington, IN 47403; draft habitat conservation plan (HCP) we_do/conservation.html. telephone: 812–334–4261, extension that describes the actions and measures 214. that the applicant would implement to Environmental Protection Agency SUPPLEMENTARY INFORMATION: We have Comments avoid, minimize, and mitigate incidental take of the Indiana bat and received an application from Wildcat To view comments on the draft CCP/ northern long-eared bat. The ITP Wind Farm I LLC (WWF) for an EIS from the Environmental Protection application also includes a draft incidental take permit under the ESA Agency (EPA), go to https:// implementing agreement (IA). We also (16 U.S.C. 1531 et seq.). If approved, the ITP would be for a 28-year period and cdxnodengn.epa.gov/cds-enepa-public/ announce the availability of a draft would authorize incidental take of the action/eis/search. Environmental Assessment (DEA), which has been prepared in response to endangered Indiana bat (Myotis sodalis) Ren Lohoefener, the permit application in accordance and the threatened northern long-eared Regional Director, Pacific Southwest Region, with the requirements of the National bat (Myotis septentrionalis). The applicant has prepared a draft Sacramento, California. Environmental Policy Act (NEPA). We HCP that covers the operation of the [FR Doc. 2016–14621 Filed 6–17–16; 8:45 am] request public comment on the Wildcat Wind Farm (Wildcat). The BILLING CODE 4333–15–P application and associated documents. project consists of a wind-powered DATES: We will accept comments electric generation facility located in an received or postmarked on or before approximately 24,434-acre area in August 4, 2016. Madison and Tipton Counties, Indiana. ADDRESSES: Document availability: The draft HCP describes the following: • Internet: You may obtain copies of (1) Biological goals and objectives of the the documents on the Internet at http:// HCP; (2) covered activities; (3) permit

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duration; (4) project area; (5) management strategy to ensure that the aboveground electrical collector system, alternatives to the taking that were ITP terms are satisfied, and to account one substation containing transformers considered; (5) public participation; (6) for changed and unforeseen that feed electricity into an existing 138- life history of the Indiana bat and circumstances. kilovolt (kV) electrical tie-in line (an northern long-eared bat; (6) approximately 1.5-mile-long line that Purpose and Need for Action quantification of the take for which connects the substation to the switching authorization is requested; (7) In accordance with NEPA, the Service station), three permanent meteorological assessment of direct and indirect effects has prepared an EA to analyze the towers, and an operations and of the taking on the Indiana bat within impacts to the human environment that maintenance building. Project facilities the Midwest Recovery Unit (as would occur if the requested ITP were and infrastructure is placed on private delineated in the 2007 Indiana Bat Draft issued and the associated HCP were land via long-term easement agreements Recovery Plan, Service) and rangewide; implemented. between the applicant and respective (8) assessment of direct and indirect Proposed Action landowners. effects of the taking on the northern The draft HCP describes the impacts Section 9 of the ESA prohibits the long-eared bat within the Service’s of take associated with the operation of ‘‘taking’’ of threatened and endangered Midwest region and range wide; (9) the Wildcat Wind Farm and includes species. However, provided certain conservation program consisting of measures to avoid, minimize, mitigate, criteria are met, the Service is avoidance and minimization measures, and monitor the impacts of incidental authorized to issue permits under mitigation, monitoring, and adaptive section 10(a)(1)(B) of the ESA for take of take on the Indiana bat and the northern management; (10) funding for the HCP; federally listed species when, among long-eared bat. The applicant will (11) procedures to deal with changed other things, such a taking is incidental mitigate for take and associated impacts and unforeseen circumstances; and (12) to, and not the purpose of, otherwise through protection and restoration of methods for ITP amendments. lawful activities. Under the ESA, the maternity colony habitat at one or more In addition to the draft HCP, the term ‘‘take’’ means to harass, harm, documented maternity colonies. applicant has prepared a draft IA to pursue, hunt, shoot, wound, kill, trap, Maternity colony habitat mitigation, document the responsibilities of the capture, or collect endangered and including any restored habitat, will parties. The Service invites comment on threatened species, or to attempt to occur on private land and be the IA as well as the applicant’s HCP. permanently protected by restrictive Under the NEPA (43 U.S.C. 4321 et engage in any such conduct. Our implementing regulations define covenants approved by the Service. seq.) and the ESA, the Service Chapter 5 of the HCP describes the announces that we have gathered the ‘‘harm’’ as an act which actually kills or injures wildlife, and such act may Conservation Program, including details information necessary to: of avoidance and minimization 1. Determine the impacts and include significant habitat modification or degradation that results in death or measures, compensatory mitigation, and formulate alternatives for an EA related adaptive management that will limit to: injury to listed species by significantly impairing essential behavioral patterns, and mitigate for the take of Indiana bats a. Issuance of an ITP to the applicant and northern long-eared bats. for the take of the Indiana bat and the including breeding, feeding, or sheltering (50 CFR 17.3). Harass, as The Service is soliciting information northern long-eared bat, and regarding the adequacy of the HCP to b. Implementation of the associated defined, means ‘‘an intentional or avoid, minimize, mitigate, and monitor HCP; and negligent act or omission which creates 2. Evaluate the application for ITP the likelihood of injury to wildlife by the proposed incidental take of the issuance, including the HCP, which annoying it to such an extent as to covered species and to provide for provides measures to minimize and significantly disrupt normal behavioral adaptive management. In compliance mitigate the effects of the proposed patterns which include, but are not with section 10(c) of the ESA (16 U.S.C. incidental take of the Indiana bat and limited to, breeding, feeding, or 1539(c)), the Service is making the ITP the northern long-eared bat. sheltering’’ (50 CFR 17.3). application materials available for The HCP analyzes, and the ITP would public review and comment as Background cover, take from harassment and harm, described above. The WWF application is unusual in and killing of bats due to the operation We invite comments and suggestions that the wind facility has been of the Wildcat project. If issued, the ITP from all interested parties on the draft operational since 2012. The project would authorize incidental take documents associated with the ITP includes 125 GE 1.6-megawatt (MW) consistent with the applicant’s HCP and application (HCP, HCP Appendices, and wind turbines and has a total energy the ITP. To issue the ITP, the Service IA), and request that comments be as capacity of 200 MW. The need for the must find that the application, specific as possible. In particular, we proposed action (i.e., issuance of an ITP) including its HCP, satisfies the criteria request information and comments on is based on the potential that operation of section 10(a)(1)(B) of the ESA and the the following topics: of the Wildcat Wind Farm could result Service’s implementing regulations at 1. Whether adaptive management and in take of Indiana bats and northern 50 CFR parts 13 and 17.22. If the ITP is monitoring provisions in the Proposed long-eared bats. issued, the applicant would receive Action alternative are sufficient; The HCP provides a detailed assurances under the Service’s No 2. Any threats to the Indiana bat and conservation plan to ensure that the Surprises policy, as codified at 50 CFR the northern long-eared bat that may incidental take caused by the operation 17.22(b)(5). influence its population over the life of of the project will not appreciably The applicant proposes to operate a the ITP that are not addressed in the reduce the likelihood of the survival maximum of 125 wind turbines and draft HCP or draft EIS; and recovery of the Indiana bat and associated facilities (described below) 3. Any new information on white- northern long-eared bat, and provides for a period of 28 years in Madison and nose syndrome effects on the Indiana mitigation to fully offset the impact of Tipton Counties, Indiana. The project bat and the northern long-eared bat; and the taking. Further, the HCP provides a will consist of wind turbines, associated 4. Any other information pertinent to long-term monitoring and adaptive access roads, an underground and evaluating the effects of the proposed

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action on the Indiana bat and the Bloomington, Indiana (see FOR FURTHER Public Scoping Meeting: A public northern long-eared bat. INFORMATION CONTACT). scoping meeting will be held on Thursday, June 30, 2016, from 1:00 p.m. Alternatives in the Draft EA Authority to 3:00 p.m., at Don Edwards San The DEA contains an analysis of four We provide this notice under section Francisco Bay National Wildlife Refuge alternatives: (1) No Action alternative, 10(c) of the ESA (16 U.S.C. 1531 et seq.) Headquarters—Third Flood Auditorium in which all 125 turbines would be and its implementing regulations (50 located at 1 Marshlands Road, Fremont, feathered up to 5.0 meters per second CFR 17.22), the NEPA (42 U.S.C. 4371 California, 94555. The details of the (m/s) from 1⁄2 hour before sunset to 1⁄2 et seq.) and its implementing public scoping meeting will be posted hour after sunrise from March 15 regulations (40 CFR 1506.6; 43 CFR part on the SBSP Restoration Project’s Web through May 15, and all turbines would 46), and the NHPA (16 U.S.C. 470 et site (http://www.southbayrestoration be feathered up to 6.9 m/s from 1⁄2 hour seq.) and its implementing regulations .org/events/). Scoping meeting details before sunset to 1⁄2 hour after sunrise (36 CFR 800). will also be emailed to the Project’s from August 1 through October 15, the Dated: May 25, 2016. Stakeholder Forum and to those primary spring and fall migratory Lynn Lewis, interested parties who request to be periods of the Indiana bat and the Assistant Regional Director, Ecological notified. Notification requests can be northern long-eared bat, each year Services, Midwest Region. made by emailing the SBSP Restoration during the operational life (27 years) of [FR Doc. 2016–14566 Filed 6–17–16; 8:45 am] Project’s public outreach coordinator, Wildcat; (2) the 5.0 m/s Cut-In Speed BILLING CODE 4310–55–P Ariel Ambruster, at aambrust@ (feathered) Alternative including ccp.csus.edu (email) or 510–815–7111 implementation of the HCP and (phone). Issuance of a 28-year ITP; (3) the 6.5 m/ DEPARTMENT OF THE INTERIOR Reasonable Accommodations: s Cut-In Speed (feathered) Alternative, Persons needing reasonable including implementation of the HCP Fish and Wildlife Service accommodations in order to attend and and issuance of a 28-year ITP; and (4) [FWS–R8–R–2016–N061; participate in the public scoping the 4.0 m/s Cut-In Speed (Feathered) FXRS282108E8PD0–167–F2013227943] meeting should contact Ariel Ambruster Alternative, including implementation at least 1 week in advance of the of the HCP and Issuance of a 28-year South Bay Salt Pond Restoration meeting to allow time to process the ITP. The DEA considers the direct, Project, Phase 2 at the Eden Landing request. indirect, and cumulative effects of the Ecological Reserve; Intent To Prepare ADDRESSES: alternatives, including any measures an Environmental Impact Statement/ Submitting Comments: Send written under the Proposed Action alternative Environmental Impact Report comments to Chris Barr, Deputy intended to minimize and mitigate such AGENCY: Fish and Wildlife Service, Complex Manager, Don Edwards San impacts. The DEA also identifies three Interior. Francisco Bay National Wildlife Refuge, additional alternatives that were ACTION: Notice of intent; announcement 1 Marshlands Road, Fremont, CA 94555, considered but were eliminated from or to Scott Wilson, CDFW Regional consideration as detailed in Section 3.4 of meeting; request for public comments. Manager, Bay Delta Region, Silverado of the DEA. Trail, Napa, CA 94558. The Service invites comments and SUMMARY: We, the U.S. Fish and Alternatively, you may send written suggestions from all interested parties Wildlife Service (USFWS), in comments by facsimile to 510–792– on the content of the DEA. In particular, coordination with the California 5828, or via the Internet through the information and comments regarding Department of Fish and Wildlife public comments link on the SBSP the following topics are requested: (CDFW), are preparing a joint Restoration Project Web site at 1. The direct, indirect, or cumulative environmental impact statement/ www.southbayrestoration.org/Question_ effects that implementation of any environmental impact report (EIS/EIR) Comment.html. Your correspondence alternative could have on the human for the proposed restoration of ponds at should indicate which issue your environment; the CDFW’s Eden Landing Ecological comments pertain to. 2. Whether or not the significance of Reserve (Reserve) in Alameda County, Mailing List: To have your name the impact on various aspects of the California. We intend to gather added to our mailing list, contact Ariel human environment has been information necessary to prepare an EIS Ambruster; telephone (510) 815–7111; adequately analyzed; and pursuant to the National Environmental email [email protected]. 3. Any other information pertinent to Policy Act (NEPA). We encourage the FOR FURTHER INFORMATION CONTACT: evaluating the effects of the proposed public and other agencies to participate Chris Barr, Refuge Manager, USFWS, action on the human environment. in the NEPA scoping process by 510–792–0222 (phone). attending the public scoping meeting SUPPLEMENTARY INFORMATION: Public Comments We, the and/or by sending written suggestions U.S. Fish and Wildlife Service You may submit your comments and and information on the issues and (USFWS), in coordination with the materials concerning the notice by one concerns that should be addressed in California Department of Fish and of the methods listed in ADDRESSES. We the draft EIS/EIR, including the range of Wildlife (CDFW), are preparing a joint request that you send comments only by alternatives, appropriate mitigation environmental impact statement/ one of the methods described in measures, and the nature and extent of environmental impact report (EIS/EIR) ADDRESSES. potential environmental impacts. for the proposed restoration of ponds Comments and materials we receive, DATES: E1, E1C, E2, E2C, E4, E4C, E5, E5C, E6, as well as documents associated with Submitting Comments: To ensure that E6C, and E7 at the CDFW’s Eden the notice, will be available for public we have adequate time to evaluate and Landing Ecological Reserve (Reserve) in inspection by appointment, during incorporate suggestions and other input, Alameda County, California. normal business hours, at the Indiana we must receive your comments on or Phase 2 of the SBSP Restoration Ecological Services Field Office in before July 20, 2016. Project at Eden Landing is intended to

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restore and enhance a mix of considered in a separate project-level and alternatives to be addressed in the approximately 2,300 acres of wetland EIS/EIR, the draft of which was EIS/EIR. The range of alternatives may habitats while simultaneously providing published in August of 2015 and is include varying approaches to restoring flood protection and wildlife-oriented expected to be finalized in the summer and enhancing a mix of wetland public access and recreation in the of 2016. habitats, as well as varying levels and South Bay. Proposed Action means of flood management, and We intend to gather information recreation and public access necessary to prepare an EIS pursuant to The CDFW now proposes restoration components which correspond to the the National Environmental Policy Act or enhancement of approximately 2,300 project objectives. (NEPA). We encourage the public and acres of former salt ponds in the other agencies to participate in the southern half of the CDFW-owned Eden The Phase 2 EIS/EIR for Eden Landing NEPA scoping process by attending the Landing pond complex. Phase 2 project- will identify the anticipated effects of public scoping meeting and/or by level actions to be evaluated in this EIS/ the alternatives (both negative and sending written suggestions and EIR are project-level habitat restoration beneficial) and describe and analyze information on the issues and concerns of approximately 2,300 acres of former direct, indirect, and cumulative impacts that should be addressed in the draft salt ponds, while also providing of each alternative. EIS/EIR, including the range of recreation and public access NEPA Compliance alternatives, appropriate mitigation opportunities, and maintaining or measures, and the nature and extent of improving current levels of flood This EIS/EIR is a project-level potential environmental impacts. protection in the surrounding environmental document that is tiered Background communities. from the programmatic portion of the Habitat restoration actions evaluated 2007 Final EIS/EIR for the SBSP The SBSP Restoration Project is in the EIS/EIR may include the Restoration Project. Information located in the Bay, in following: gathered through this scoping process northern California. The project is a • Breaching levees at one or more will assist us in developing a reasonable multiagency, multiphase effort to restore locations to allow tidal flows into the range of alternatives to continue to and enhance a mix of wetland habitats ponds. address the restoration of Eden Landing while simultaneously providing flood • Adding water control structures to salt ponds and collaborative integration protection and wildlife-oriented public allow some ponds to be retained as access and recreation in the South Bay. with adjacent landowners and operators enhanced managed ponds for pond- of public infrastructure. The SBSP Restoration Project as a whole dependent bird species. contains over 15,000 acres of former • Increasing habitat complexity by A detailed description of the industrial salt production ponds in adding deep-water channels, islands, proposed action and alternatives will be three complexes: The Ravenswood pond and/or habitat transition zones. included in the EIS/EIR. For each issue complex, the Alviso pond complex, and • Modifying pond bottom elevations or potential impact identified, the EIS/ the Eden Landing pond complex. The or topography to redirect tidal flows. EIR will include a discussion of the Ravenswood and Alviso pond • Using dredged or upland fill parameters used in evaluating the complexes are owned and managed by material to speed marsh vegetation impacts as well as recommended the U.S. Fish and Wildlife Service as establishment. mitigation, indicating the effectiveness part of the Don Edwards San Francisco Recreation and public access actions of mitigation measures proposed to be Bay National Wildlife Refuge (Refuge). may include the following: implemented and what, if any, The Eden Landing Ecological Reserve • Maintain the existing trail that runs additional measures would be required (Reserve) is owned by the California along the top of the large Federal levee to reduce the degree of impact. The EIS/ Department of Fish and Wildlife that forms the southern edge of the EIR will include an analysis of the (CDFW). complex. This may involve constructing restoration, flood management, and In 2007, the USFWS and the CDFW bridge(s) over any changes that are made recreation and public access published a Final EIS/EIR for the SBSP to that levee. components associated with the Restoration Project (72 FR 71937– • Complete the Bay Trail spine along proposed restoration. 71939). The SBSP Restoration project the eastern edge of the pond complex. We will conduct environmental presented in the Final EIS/EIR was both • Adding a spur trail along the review in accordance with the programmatic, covering a 50-year northern edge of Pond E6 from the Bay period, as well as project-level, Trail spine to the site of the former requirements of NEPA, as amended (42 addressing the specific components and Alvarado Salt Works. U.S.C. 4321 et seq.), its implementing implementation of Phase 1. Both the • Convert the above spur trail into a regulations (40 CFR parts 1500–1508), USFWS and the CDFW selected the loop by building a footbridge over Old other applicable regulations, and our Tidal Emphasis Alternative (Alternative Alameda Creek and a trail back to the procedures for compliance with those C) for implementation. Alternative C Bay Trail spine. regulations. The environmental represents a goal of 90 percent of the Flood protection may include: document will be prepared to meet both salt ponds restored to tidal action and • Raising and improving existing the requirements of NEPA and the 10 percent restored to managed ponds. levees or berms or making other California Environmental Quality Act This ratio of restoration is guided by the improvements to maintain or increase (CEQA). The CDFW is the CEQA lead Adaptive Management Plan. coastal flood risk protection. agency and USFWS is the lead agency Implementation of Phase 1 actions under NEPA. We are the NEPA lead began in 2008 and was completed in Alternatives agency because we provide a variety of 2016. The northern half of the Eden The EIS/EIR will consider a range of biological monitoring, financial and Landing pond complex was addressed alternatives and their impacts, including management support on this CDFW in Phase 1 and is now complete. the No Action/No Project Alternative. unit. We anticipate that a Draft EIS/EIR The Phase 2 actions at the Alviso and Scoping is designed to be an early and will be available for public review in Ravenswood pond complexes were open process to determine the issues November 2016.

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Public Comment endangered species. With some general husbandry activities at the We are furnishing this notice in exceptions, the Endangered Species Act Oakland Zoo in Oakland, California, for accordance with section 1501.7 of the (Act) prohibits activities with the purpose of enhancing the species’ NEPA implementing regulations to endangered and threatened species survival. unless a Federal permit allows such obtain suggestions and information from Permit No. TE–170381 other agencies and the public on the activity. The Act also requires that we scope of issues to be addressed in the invite public comment before issuing Applicant: Bill Stagnaro, San Francisco, EIS/EIR. We invite written comments recovery permits to conduct certain California activities with endangered species. from interested parties to ensure The applicant requests a permit identification of the full range of issues. DATES: Comments on these permit renewal to take (harass by survey, Before including your address, phone applications must be received on or capture, handle, and release) the San number, email address, or other before July 20, 2016. Francisco garter snake (Thamnophis personal identifying information in your ADDRESSES: Written data or comments sirtalis tetrataenia); and take (harass by comment, you should be aware that should be submitted to the Endangered survey using taped vocalization your entire comment—including your Species Program Manager, U.S. Fish and callback) the California Ridgway’s rail personal identifying information—may Wildlife Service, Region 8, 2800 Cottage (California clapper r.) (Rallus obsoletus be made publicly available at any time. Way, Room W–2606, Sacramento, CA obsoletus) (R. longirostris o.) in While you can ask us in you comment 95825 (telephone: 916–414–6464; fax: conjunction with survey activities to withhold your personal identifying 916–414–6486). Please refer to the throughout the range of the species in information from public review, we respective permit number for each California for the purpose of enhancing cannot guarantee that we will be able to application when submitting comments. the species’ survival. do so. FOR FURTHER INFORMATION CONTACT: Daniel Marquez, Fish and Wildlife Permit No. TE–94719B Public Scoping Meeting Biologist; see ADDRESSES (telephone: Applicant: Richard Lis, Redding, In addition to providing written 760–431–9440; fax: 760–431–9624). California comments, the public is encouraged to SUPPLEMENTARY INFORMATION: The The applicant requests a permit to attend a public scoping meeting on following applicants have applied for take (harass by survey, capture, handle, Thursday, June 30, 2016, to provide us scientific research permits to conduct release, collect vouchers, and collect with suggestions and information on the certain activities with endangered branchiopod cysts) the Conservancy scope of issues and alternatives to species under section 10(a)(1)(A) of the fairy shrimp (Branchinecta conservatio), consider when drafting the EIS/EIR. The Act (16 U.S.C. 1531 et seq.). We seek longhorn fairy shrimp (Branchinecta location of the public scoping meeting review and comment from local, State, longiantenna), fairy shrimp is provided in DATES. and Federal agencies and the public on (Branchinecta sandiegonensis), Persons needing reasonable the following permit requests. Riverside fairy shrimp (Streptocephalus accommodations in order to attend and Applicants woottoni), and vernal pool tadpole participate in the public meeting should shrimp (Lepidurus packardi) in contact us at the address in ADDRESSES Permit No. TE–080779 conjunction with survey activities no later than 1 week before the public Applicant: Melissa Busby, San Diego, throughout the range of the species in meeting. Information regarding the California California for the purpose of enhancing proposed restoration is available in the species’ survival. alterative formats upon request. We will The applicant requests a permit accept written comments at the scoping renewal to take (survey by pursuit) the Permit No. TE–94702B meeting or afterwards. Quino checkerspot butterfly (Euphydryas editha quino); and take Applicant: Kristin Hubbard, Redding, Alexandra Pitts, (harass by survey, capture, handle, California Acting Regional Director, Pacific Southwest release, collect vouchers, analyze soil The applicant requests a permit to Region. samples, and collect branchiopod cysts) take (harass by survey, capture, handle, [FR Doc. 2016–14565 Filed 6–17–16; 8:45 am] the Conservancy fairy shrimp release, collect vouchers, and collect BILLING CODE 4333–15–P (Branchinecta conservatio), longhorn branchiopod cysts) the Conservancy fairy shrimp (Branchinecta fairy shrimp (Branchinecta conservatio), longiantenna), San Diego fairy shrimp longhorn fairy shrimp (Branchinecta DEPARTMENT OF THE INTERIOR (Branchinecta sandiegonensis), longiantenna), San Diego fairy shrimp Riverside fairy shrimp (Streptocephalus (Branchinecta sandiegonensis), Fish and Wildlife Service woottoni), and vernal pool tadpole Riverside fairy shrimp (Streptocephalus [FWS–R8–ES–2016–N097; shrimp (Lepidurus packardi) in woottoni), and vernal pool tadpole FXES11130800000–167–FF08E00000] conjunction with survey activities shrimp (Lepidurus packardi) in throughout the range of the species in conjunction with survey activities Endangered Species Recovery Permit California for the purpose of enhancing throughout the range of the species in Applications the species’ survival. California for the purpose of enhancing the species’ survival. AGENCY: Fish and Wildlife Service, Permit No. TE–85448A Interior. Permit No. TE–94998A Applicant: East Bay Zoological Society, ACTION: Notice of receipt of permit Oakland, California Applicant: Leonard Liu, Oakland, applications; request for comment. The applicant requests a permit California SUMMARY: We, the U.S. Fish and renewal to take (receive, handle, and The applicant requests a permit Wildlife Service, invite the public to administer veterinary treatment and renewal to take (harass by survey using comment on the following applications care) the California condor (Gymnogyps taped vocalization callback) the to conduct certain activities with californianus) in conjunction with California Ridgway’s rail (California

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clapper r.) (Rallus obsoletus obsoletus) Permit No. TE–036550 ACTION: Notice of availability; receipt of (R. longirostris o.) in conjunction with permit application; proposed low-effect Applicant: Nina Jimerson-Kidd, survey activities in Marin, Sonoma, habitat conservation plan; request for Murrieta, California Napa, Solano, Contra Costa, Alameda, comment. Santa Clara, San Mateo, and San The applicant requests a permit Francisco Counties, California, for the renewal to take (survey by pursuit) the SUMMARY: We, the U.S. Fish and purpose of enhancing the species’ Quino checkerspot butterfly Wildlife Service (Service), have received survival. (Euphydryas editha quino) in an application from the Sacramento conjunction with survey activities Regional County Sanitation District Permit No. TE–174305 throughout the range of the species in (applicant) for a 5-year incidental take Applicant: Vandenberg Air Force Base, California for the purpose of enhancing permit under the endangered Species Vandenberg AFB, California the species’ survival. Act of 1973, as amended (Act). The application addresses the potential for The applicant requests a permit Permit No. TE–157199 ‘‘take’’ of two listed animals, the valley renewal to take (harass by survey, and Applicant: Julie Stout, San Diego, elderberry longhorn beetle and giant locate and monitor nests) the California California garter snake, likely to result from the least tern (Sternula antillarum browni) construction of a new flood protection (Sterna a. browni); take (harass by The applicant requests a permit levee and raised all-weather access road survey, locate and monitor nests, and renewal to take (harass by survey, and around the existing South River Pump remove brown-headed cowbird locate and monitor nests) the California Station. The applicant would (Molothrus ater) eggs and chicks from least tern (Sternula antillarum browni) implement a conservation program to parasitized nests) the southwestern (Sterna a. browni) in conjunction with minimize and mitigate the project willow flycatcher (Empidonax traillii survey activities throughout the range of activities, as described in the applicant’s extimus) in Santa Barbara County, the species in California for the purpose low-effect habitat conservation plan California; and remove/reduce to of enhancing the species’ survival. (HCP). We request comments on the possession Nasturtium gambelii Public Comments application package, which includes the (Rorippa g.) (Gambel’s watercress), HCP and our preliminary determination Deinandra increscens subsp. villosa We invite public review and comment that the HCP qualifies as a ‘‘low-effect’’ (Gaviota tarplant), Layia carnosa (beach on each of these recovery permit HCP, eligible for a categorical exclusion layia), Eriodictyon capitatum (Lompoc applications. Comments and materials under the National Environmental yerba santa), Cirsium loncholepis (La we receive will be available for public Policy Act of 1969, as amended (NEPA). Graciosa thistle), and Diplacus inspection, by appointment, during We discuss our basis for this vandenbergensis (Vandenberg normal business hours at the address determination in our environmental monkeyflower) from Federal lands in listed in the ADDRESSES section of this action statement (EAS), also available Santa Barbara County, California, in notice. for public review. conjunction with survey and research Before including your address, phone DATES: To ensure consideration, please activity for the purpose of enhancing the number, email address, or other send your written comments by July 20, species’ survival. personal identifying information in your comment, you should be aware that 2016. Permit No. TE–789255 your entire comment—including your ADDRESSES: Applicant: Robert Patton, San Diego, personal identifying information—may Submitting Comments: Please address California be made publicly available at any time. written comments to Lori Rinek, Section While you can ask us in your comment 10 Coordinator, U.S. Fish and Wildlife The applicant requests a permit to withhold your personal identifying Service, Bay-Delta Fish and Wildlife renewal to take (harass by survey, locate information from public review, we Office, 650 Capitol Mall, Suite 8–300, and monitor nests, handle/mark eggs, cannot guarantee that we will be able to Sacramento, CA 95814. Alternatively, capture, band, and release) the do so. you may send comments by facsimile to California least tern (Sternula (916) 930–5654. antillarum browni) (Sterna a. browni) in Angela Picco, Reviewing Documents: You may conjunction with survey and population Acting Regional Director, Pacific Southwest obtain copies of the HCP and EAS from monitoring activities in San Diego Region, Sacramento, California. the individuals in FOR FURTHER County, California, for the purpose of [FR Doc. 2016–14424 Filed 6–17–16; 8:45 am] INFORMATION CONTACT, or from the Bay- enhancing the species’ survival. BILLING CODE 4333–15–P Delta Fish and Wildlife Office Web site Permit No. TE–118356 at http://www.fws.gov/sfbaydelta. Copies of these documents are also Applicant: Olofson Environmental, Inc., DEPARTMENT OF THE INTERIOR available for public inspection, by Oakland, California appointment, during regular business Fish and Wildlife Service The applicant requests a permit hours, at the Bay-Delta Fish and renewal to take (harass by survey using Wildlife Office. taped vocalization callback) the [FWS–R8–ES–2016–N091; FOR FURTHER INFORMATION CONTACT: Lori California Ridgway’s rail (California FXES11120808BYD–167–FF08FBDTOO] Rinek, at the address shown above or at clapper r.) (Rallus obsoletus obsoletus) Proposed Low-Effect Habitat (916) 930–5603. (R. longirostris o.) in conjunction with Conservation Plan for the Valley SUPPLEMENTARY INFORMATION: survey activities in Marin, Sonoma, Elderberry Longhorn Beetle and Giant Introduction Napa, Solano, Contra Costa, Alameda, Garter Snake; South River Pump Santa Clara, San Mateo, and San Station, Yolo County, California We have received an application from Francisco Counties, California, for the the Sacramento Regional County purpose of enhancing the species’ AGENCY: Fish and Wildlife Service, Sanitation District (applicant) for a 5- survival. Interior. year incidental take permit under the

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endangered Species Act of 1973, as (1) The taking will be incidental; covered activities by fully implementing amended (Act). The application (2) The applicants will, to the the HCP. The applicant will satisfy the addresses the potential for ‘‘take’’ of two maximum extent practicable, minimize mitigation requirements by purchasing listed animals, the valley elderberry and mitigate the impact of such taking; 55 VELB credits from a USFWS- longhorn beetle and giant garter snake, (3) The applicants will develop a approved conservation bank and likely to result from the construction of proposed HCP and ensure that adequate transplanting the removed elderberry a new flood protection levee and raised funding for the HCP will be provided; shrubs to the conservation bank, and by all-weather access road around the (4) The taking will not appreciably restoring temporarily impacted upland existing South River Pump Station. reduce the likelihood of the survival GGS habitat to pre-project conditions Below we refer to both species, and recovery of the species in the wild; within the same calendar year (Option collectively, as the covered species. The and 1). If final restoration of a portion of the applicant would implement a (5) The applicants will carry out any temporarily impacted upland GGS conservation program to minimize and other measures that the Service may habitat occurs the calendar year mitigate the project activities, as require as being necessary or following the initial impact, then the described in the applicant’s low-effect appropriate for the purposes of the HCP. applicant will satisfy additional habitat conservation plan (HCP). We Proposed Project mitigation requirements by dedicating request comments on the application 0.780 acre of created GGS habitat at the package, which includes the HCP, and The draft HCP addresses potential South Stone Lake Giant Garter Snake our preliminary determination that the effects to the covered species that may Mitigation Preserve or through the HCP qualifies as a ‘‘low-effect’’ HCP, result from the proposed activities. The purchase of mitigation credits from a eligible for a categorical exclusion under applicant seeks incidental take USFWS-approved conservation/ the National Environmental Policy Act authorization for covered activities mitigation bank (Option 2). To minimize of 1969, as amended (NEPA). We within the 136.4-acre South River Pump effects to VELB, the applicant is discuss our basis for this determination Station site, located at 30030 South proposing to implement the avoidance in our environmental action statement River Road, in Sacramento County, and minimization measures outlined in (EAS), also available for public review. California. The federally threatened the Formal Programmatic Consultation valley elderberry longhorn beetle for Projects with Relatively Small Effects Background Information (Desmocerus californicus dimorphus) on the VELB (USFWS 1996a) and the Section 9 of the Act (16 U.S.C. 1531– (VELB) and the federally threatened Conservation Guidelines for the VELB 1544 et seq.) and our regulations in the giant garter snake (Thamnophis gigas) (USFWS 1999a). To minimize effects to Code of Federal Regulations (50 CFR 17) (GGS) are the covered species in the GGS, the applicant is proposing to prohibit the taking of fish and wildlife applicant’s proposed HCP. implement the avoidance, species listed as endangered or The applicant would seek incidental minimization, and conservation threatened under section 4 of the Act. take authorization for these two covered measures as specified in Appendix C of Take of federally listed fish or wildlife species and would receive assurances the Programmatic Formal Consultation is defined under the Act as to harass, under our ‘‘No Surprises’’ regulations for U.S. Army Corps of Engineers 404 harm, pursue, hunt, shoot, wound, kill, (50 CFR 17.22(b)(5) and 17.32(b)(5)). Permitted Projects with Relatively Small trap, capture, or collect listed species, or Proposed Covered Activities Effects on the Giant Garter Snake within attempt to engage in such conduct. The Butte, Colusa, Glenn, Fresno, Merced, term ‘‘harass’’ is defined in the Construction of a new flood Sacramento, San Joaquin, Solano, regulations as to carry out actions that protection levee and raised all-weather Stanislaus, Sutter and Yolo Counties, create the likelihood of injury to listed access road will result in the permanent California (USFWS 1997). species to such an extent as to removal of 23 elderberry shrubs, significantly disrupt normal behavioral considered potential habitat for the Proposed Action and Alternatives patterns, which include, but are not VELB, and temporary impacts to 10.775 Our proposed action (see below) is limited to, breeding, feeding, or acres of riparian scrub, ruderal, annual approving the applicant’s HCP and sheltering (50 CFR 17.3). The term grassland, agricultural crop, and urban issuance of an incidental take permit for ‘‘harm’’ is defined in the regulations as vegetation communities considered take resulting from implementation of significant habitat modification or upland habitat for GGS. The following the covered activities. As required by degradation that results in death or actions are proposed as the ‘‘covered the Act, the applicant’s HCP considers injury of listed species by significantly activities’’ under the HCP: Site alternatives to the take under the impairing essential behavioral patterns, preparation; removal; transplanting proposed action. The HCP considers the including breeding, feeding, or elderberry shrubs, embankment environmental consequences of two sheltering (50 CFR 17.3). However, degrade; excavation of inspection trench alternatives to the proposed action: (1) under specified circumstances, the and borrow material; construction of the The No Action Alternative; and (2) the Service may issue permits that allow the levee; construction and removal of West Borrow Site Alternative. take of federally listed species, provided temporary access road (if needed); No Action Alternative that the take that occurs is incidental to, construction of access roads, but not the purpose of, an otherwise maintenance roads, and a permanent Under the No-Action Alternative, we lawful activity. access road for the borrow site; and site would not issue an incidental take Regulations governing permits for restoration. The applicant seeks a 5-year permit, the applicant would not build endangered and threatened species are permit to cover the activities associated the flood protection levee and access at 50 CFR 17.22 and 17.32, respectively. with this proposed construction within road, the elderberry shrubs and upland Section 10(a)(1)(B) of the Act contains the 136.4-acre project site. GGS habitat would not be disturbed, provisions for issuing such incidental and the applicant would not implement take permits to non-Federal entities for Proposed Mitigation Measures proposed mitigation measures. While the take of endangered and threatened The applicant proposes to avoid, this No-Action Alternative would avoid species, provided the following criteria minimize, and mitigate the effects to the take of the covered species, it is are met: covered species associated with the considered infeasible because should a

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significant flood event occur along the the mitigation measures, will materials we receive, as well as Sacramento River, sewer service could individually and cumulatively have a supporting documentation we used in be impacted for thousands of customers minor or negligible effect on the species preparing the EAS, will be available for in the communities that Sacramento covered in the HCP. Therefore, issuance public inspection by appointment, Regional County Sanitation District of the ITP is a ‘‘low-effect’’ action and during normal business hours, at our serves. For this reason, the No-Action qualifies as a categorical exclusion office (see FOR FURTHER INFORMATION Alternative has been rejected. under the National Environmental CONTACT). Policy Act (NEPA) (40 CFR 1506.6), as West Borrow Site Alternative provided by the Department of the Public Availability of Comments Under the West Borrow Site Interior Manual (516 DM 2 Appendix 1 Alternative, the borrow material and 516 DM 6 Appendix 1). Before including your address, phone necessary to construct the flood Determination of whether a habitat number, or other personal identifying protection levee would be procured conservation plan qualifies as a low information in your comment, you from an agricultural field located to the effect is based on the following three should be aware that your entire west of the project site, and an criteria: (1) Implementation of the comment—including your personal alternative haul road would need to be proposed HCP would result in minor or identifying information—might be made constructed. The West Borrow Site negligible effects on federally listed, publicly available at any time. While Alternative would impact the same proposed, and candidate species and you can ask us in your comment to number of elderberry shrubs and their habitats; (2) implementation of the withhold your personal identifying acreage of GGS upland habitat as the proposed HCP would result in minor or information from public review, we Proposed Action Alternative. In negligible effects on other cannot guarantee that we will be able to addition to those impacts, there would environmental values or resources; and do so. be 0.422 acre of GGS aquatic habitat (3) impacts of the HCP, considered impacts associated with construction of together with the other past, present, Next Steps the alternative haul road, as well as an and reasonably foreseeable projects, additional 19.58 acres of GGS upland would not result, over time, in We will evaluate the permit habitat impacts. For this reason, the cumulative effects to environmental application, including the HCP and West Borrow Site Alternative has been values or resources that would be comments we receive, to determine rejected. considered significant. Based upon the whether the application meets the preliminary determinations in the EAS, requirements of section 10(a) of the Act. Proposed Action we do not intend to prepare further We will also evaluate whether issuance Under the Proposed Action NEPA documentation. We will consider of the incidental take permit would Alternative, we would issue an public comments when making the final comply with section 7(a)(2) of the Act incidental take permit for the determination on whether to prepare an by conducting an intra-Service applicant’s proposed project, which additional NEPA document on the consultation pursuant to section 7(a)(2) includes the activities described above. proposed action. of the Act. If the requirements are met, The Proposed Action Alternative would Public Comments we will issue a permit to the applicant result in the permanent removal of 23 for the incidental take of the valley elderberry shrubs, considered potential We request data, comments, new elderberry longhorn beetle and giant habitat for the VELB and temporary information, or suggestions from the garter snake from the implementation of impacts to 10.775 acres of upland public, other concerned governmental the covered activities described in the agencies, the scientific community, habitat for GGS. To mitigate for these low-effect Habitat Conservation Plan for Tribes, industry, or any other interested effects, the applicant proposes to the valley elderberry longhorn beetle purchase 55 VELB credits from a party on this notice. We particularly and giant garter snake, South River USFWS-approved conservation bank seek comments on the following: Pump Station, Sacramento, California. and transplant the removed elderberry (1) Our preliminary determination We will make the final permit decision shrubs to the conservation bank, and that the applicant’s proposal will have restore temporarily impacted upland a minor or negligible effect on the valley no sooner than 30 days after publication GGS habitat to pre-project conditions elderberry longhorn beetle and giant of this notice in the Federal Register. within the same calendar year (Option garter snake and the HCP qualifies as a Authority 1). If final restoration of a portion of the low-effect HCP. temporarily impacted upland GGS (2) Biological information concerning We publish this notice under the habitat occurs the calendar year the species; National Environmental Policy Act of following the initial impact, then the (3) Relevant data concerning the 1969, as amended (42 U.S.C. 4321–4347 applicant will satisfy additional species; et seq.; NEPA), and its implementing mitigation requirements, in addition to (4) Additional information concerning regulations in the Code of Federal what is proposed in Option 1, by the range, distribution, population size, Regulations (CFR) at 40 CFR 1500–1508, dedicating 0.780 acre of created GGS and population trends of the species; as well as in compliance with section habitat at the South Stone Lake Giant (5) Current or planned activities in the 10(c) of the Endangered Species Act (16 Garter Snake Mitigation Preserve or subject area and their possible impacts U.S.C. 1531–1544 et seq.; Act). through the purchase of mitigation on the species; and credits from a USFWS-approved (6) Identification of any other Kaylee Allen, conservation/mitigation bank (Option environmental issues that should be Field Supervisor, Bay-Delta Fish and Wildlife 2). considered with regard to the proposed Office, Sacramento, California. project and permit action. [FR Doc. 2016–14567 Filed 6–17–16; 8:45 am] National Environmental Policy Act You may submit your comments and BILLING CODE 4333–15–P We made a preliminary determination materials by one of the methods listed that the applicants’ project, including above in ADDRESSES. Comments and

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DEPARTMENT OF THE INTERIOR contact us directly at the telephone trissyllepsis) for presence/absence number listed above (see FOR FURTHER surveys; and take (scope burrows) Fish and Wildlife Service INFORMATION CONTACT). Finally, you may gopher tortoises (Gopherus polyphemus) [FWS–R4–ES–2016–N103] hand-deliver comments to the Fish and for presence/absence surveys in Wildlife Service office listed above (see Baldwin and Mobile Counties, Alabama. ADDRESSES). Receipt of Applications for Permit Application Number: TE Before including your address, Endangered Species Permits 070796–8 telephone number, email address, or AGENCY: Fish and Wildlife Service, other personal identifying information Applicant: Apogee Environmental & Interior. in your comments, you should be aware Archaeological, Inc., Whitesburg, KY ACTION: Notice. that your entire comment—including The applicant requests an amendment your personal identifying information— SUMMARY: We, the U.S. Fish and of their current permit to take (capture may be made publicly available at any Wildlife Service, invite the public to with mist net or harp trap, enter time. While you can ask us in your comment on the following applications hibernacula and roosts, band; radio-tag; comments to withhold your personal to conduct certain activities with and wing punch) Ozark big-eared bat identifying information from public endangered species. With some (Corynorhinus townsendii ingens) for review, we cannot guarantee that we exceptions, the Endangered Species Act the purpose of conducting presence/ will be able to do so. (ESA) prohibits activities with listed absence surveys throughout the range of species unless a Federal permit is issued Permit Applications the species. that allows such activities. The ESA Permit Application Number: TE Permit Application Number: TE requires that we invite public comment 56749B–1 98532B–0 before issuing these permits. DATES: We must receive written data or Applicant: Patrick R. Moore, Little Rock, Applicant: John A. Fridell, Weaverville, comments on the applications at the AR NC address given below by July 20, 2016. The applicant requests an amendment The applicant requests a permit to ADDRESSES: Documents and other of his current permit to add take (capture, identify, tag, release, and information submitted with the authorization to take (enter hibernacula salvage relict shells) Appalachian elktoe applications are available for review, or maternity roost caves, salvage dead (Alasmidonta raveneliana), Carolina subject to the requirements of the bats, capture with mist nets or harp heelsplitter (Lasmigona decorata), dwarf Privacy Act and Freedom of Information traps, handle, identify, collect hair wedgemussel (Alasmidonta Act, by any party who submits a written samples, band, radio tag, light-tag, swab, heterondon), James River spinymussel request for a copy of such documents to and wing-punch) Virginia big-eared bat (Pleurobema collina), little-wing the following office within 30 days of (Corynorhinus (=plecotus) townsendii pearlymussel (Pegias fabula), Tar River the date of publication of this notice: virginianus) in addition to conducting spinymussel (Elliptio steinstansana), U.S. Fish and Wildlife Service, those activities with the Indiana bat and noonday globe (Patera clarki Ecological Services, 1875 Century (Myotis sodalis), gray bat (Myotis nantahala) in North Carolina and South Boulevard, Suite 200, Atlanta, GA 30345 grisescens), northern long-eared bat Carolina for qualitative and quantitative (Attn: Karen Marlowe, Acting Permit (Myotis septentrionalis), and Ozark big- surveys, relocation and monitoring Coordinator). eared bat (Corynorhinus townsendii efforts, and other scientific research to FOR FURTHER INFORMATION CONTACT: ingens) and to add authorization to promote management and recovery of Karen Marlowe, Acting 10(a)(1)(A) conduct all activities in the states of the species. Minnesota, Wisconsin, Maryland, Permit Coordinator, telephone 205–726– Permit Application Number: TE Vermont, New Jersey, and Delaware for 2667; facsimile 205–726–2479. 810274–12 scientific research aimed at recovery of SUPPLEMENTARY INFORMATION: The Applicant: Eco-Tech Consultants, Inc., public is invited to comment on the the species, such as presence/absence Frankfort, KY following applications for permits to surveys, studies to document habitat conduct certain activities with use, population monitoring, and The applicant requests renewal of endangered and threatened species evaluation of potential impacts of white- their permit to take (enter hibernacula under section 10(a)(1)(A) of the nose syndrome or other threats. or maternity roost caves, salvage dead Endangered Species Act of 1973, as Permit Application Number: TE bats, capture with mist nets or harp amended (16 U.S.C. 1531 et seq.), and 125557–2 traps, handle, identify, collect hair our regulations in the Code of Federal samples, band, radio-tag, light-tag, and Regulations (CFR) at 50 CFR 17. This Applicant: Barbara P. Allen, Gulf wing-punch) Indiana bats (Myotis notice is provided under section 10(c) of Shores, AL sodalis), gray bats (Myotis grisescens), the Act. The applicant requests renewal of her Virginia big eared bats (Corynorhinus If you wish to comment, you may permit to continue the following townsendii virginianus), northern long submit comments by any one of the activities: Take (monitor nests, excavate, eared bats (Myotis septentrionalis), and following methods. You may mail temporarily retain nestlings, and Ozark big-eared bats (Corynorhinus comments to the Fish and Wildlife relocate) Kemp’s ridley sea turtles townsendii ingens) while conducting Service’s Regional Office (see (Lepidochelys kempii), loggerhead sea presence/absence surveys, studies to ADDRESSES section) or send them via turtles (Caretta caretta), and green sea document habitat use, and population electronic mail (email) to permitsR4ES@ turtles (Chelonia mydas) for purposes of monitoring; take (capture, identify, fws.gov. Please include your name and monitoring and protecting nests; take release) blackside dace (Phoxinus return address in your email message. If (capture, mark, and release); Alabama cumberlandensis), Citico darter you do not receive a confirmation from beach mice (Peromyscus polionotus (Etheostoma sitikuense), Cumberland the Fish and Wildlife Service that we ammobates) and Perdido Key beach arrow darter (Etheostoma sagitta have received your email message, mice (Peromyscus polionotus sagitta), Cumberland darter (Etheostoma

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susannae), diamond darter (Crystallaria parvulus), fine-lined pocketbook Dated: June 13, 2016. cincotta), duskytail darter (Etheostoma (Lampsilis altilis), southern pigtoe Leopoldo Miranda, percnurum), Kentucky arrow darter (Pleurobema georgianum), Alabama Assistant Regional Director, Ecological (Etheostoma sagitta spilotum), marbled moccasinshell (Medionidus Services, Southeast Region. darter (Etheostoma marmorpinnum), acutissimus), fat threeridge (Amblema [FR Doc. 2016–14552 Filed 6–17–16; 8:45 am] palezone shiner (Notropis albizonatus), neisleri), purple bankclimber BILLING CODE 4310–55–P snail darter (Percina tanasi), and tuxedo (Elliptoideus sloatianus), shiny-rayed darter (Etheostoma lemniscatum) while pocketbook (Hamiota subangulata), gulf conducting presence/absence surveys; moccasinshell (Medionidus DEPARTMENT OF JUSTICE and take (capture, identify, release, penicillatus), oval pigtoe (Pleurobema collect relict shells) 53 endangered and pyriforme), and cylindrical lioplax Bureau of Alcohol, Tobacco, Firearms threatened species of freshwater (Lioplax cyclostomaformis) for and Explosives mussels while conducting presence/ presence/absence surveys in Georgia. absence surveys. Activities are [OMB Number 1140–0080] permitted in 39 states. Permit Application Number: TE Permit Application Number: TE 98596B–0 Agency Information Collection Activities; Proposed eCollection 114069–3 Applicant: Sarah E. Veselka, Fairmont, eComments Requested; Notification of Applicant: Fairchild Tropical Botanic WV Change of Mailing or Premise Address Garden, Gables, FL The applicant requests a permit to AGENCY: Bureau of Alcohol, Tobacco, The applicant requests renewal and take (capture, handle, release) pink amendment of their current permit to Firearms and Explosives, Department of mucket pearly mussel (Lampsilis Justice continue collection of seeds and abrupta), northern riffleshell ACTION: 60-Day notice. cuttings (removal and reduction to (Epioblasma torulosa rangiana), possession) of Key tree fanshell (Cyprogenia stegaria), clubshell SUMMARY: The Department of Justice ( robinii), Garber’s spurge (Pleurobema clava), snuffbox (DOJ), Bureau of Alcohol, Tobacco, (Chamaesyce garberi), Cape Sable (Epioblasma triquetra), rayed bean thoroughwort (Chromolaena frustrate), Firearms and Explosives (ATF), will (Villosa fabalis), spectaclecase Vahl’s boxwood (Buxus vahlii), submit the following information Catesbaea melanocarpa (no common (Cumberlandia monodonta), sheepnose collection request to the Office of name), and Agave eggersiana (no (Plethobasus cyphyus), and rabbitsfoot Management and Budget (OMB) for common name) and add authorization (Quadrula cylindrica cylindrica) for review and approval in accordance with to collect seeds and cuttings of Florida presence/absence surveys throughout the Paperwork Reduction Act of 1995. semaphore cactus (Consolea the species’ ranges. DATES: Comments are encouraged and will be accepted for 60 days until corallicola), Calyptranthes thomasiana Permit Application Number: TE August 19, 2016. (no common name), and St. Thomas 064856–3 prickly ash (Zanthoxylum FOR FURTHER INFORMATION CONTACT: If thomasianum), along with the proposed Applicant: Trent A. Farris, Gulf Shores, you have additional comments endangered sand flax (Linum arenicola), AL especially on the estimated public Big Pine partridge pea (Chamaecrista burden or associated response time, lineata var. keyensis), wedge spurge The applicant requests renewal of his suggestions, or need a copy of the (Euphorbia (Chamaesyce) deltoidea ssp. permit to take (trap, mark, examine, and proposed information collection serpyllum), and the proposed threatened release) Alabama beach mouse instrument with instructions or Blodgett’s silverbush (Argythamnia (Peromyscus polionotus ammobates), additional information, please contact: blodgetii) from Key West National Perdido Key beach mouse (Peromyscus Shawn Stevens, ATF Industry Liaison, Wildlife Refuge, Crocodile Lake polionotus trissyllepsis), Choctawatchee Federal Explosives Licensing Center, National Wildlife Refuge, National Key beach mouse (Peromyscus polionotus 244 Needy Road, Martinsburg, WV Deer Refuge, Everglades National Park, allophrys), and St. Andrew beach mouse 25405, at telephone: 304–616–4421. and Virgin Islands National Park for (Peromyscus polionotus peninsularis) Written comments and/or suggestions propagation, conducting genetic studies, for presence/absence surveys in can also be directed to the Office of and long-term seed storage. Alabama and Florida. Management and Budget, Office of Information and Regulatory Affairs, Permit Application Number: TE Permit Application Number: TE 089074–3 Attention Department of Justice Desk 834070–3 Officer, Washington, DC 20503 or sent Applicant: Corblu Ecology Group, LLC, Applicant: Point Defiance Zoo & to [email protected]. Woodstock, GA Aquarium, Tacoma, WA SUPPLEMENTARY INFORMATION: Written The applicant requests renewal of comments and suggestions from the their permit to take (capture, identify, The applicant requests renewal of public and affected agencies concerning release) blue shiner (Cyprineila their current permit to continue to the proposed collection of information caerulea), Etowah darter (Etheostoma cooperate with the U.S. Fish and are encouraged. Your comments should etowahae), Cherokee darter (Etheostoma Wildlife Service in the captive address one or more of the following scotti), amber darter (Percina antesella), propagation and reintroduction of the four points: goldline darter (Percina aurolineata), red wolf (Canis rufus), which may • Evaluate whether the proposed Conasauga logperch (Percina jenkinsi), include take (capture, handle, tag, and collection of information is necessary eastern indigo snake (Drymarchon release) in addition to the normal for the proper performance of the corais couperi) and take (capture, husbandry activities carried out by the functions of the agency, including identify, release, collect relict shells) permittee for which no permit is whether the information will have Coosa moccasinshell (Medionidus required. practical utility;

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• Evaluate the accuracy of the Square, 145 N Street NE., Room 3E– Washington, DC 20530 (telephone: agency’s estimate of the burden of the 405B, Washington, DC 20530. 202–616–5924). proposed collection of information, Dated: June 15, 2016. Patricia A. Brink, including the validity of the methodology and assumptions used; Jerri Murray, Director of Civil Enforcement. • Evaluate whether and if so how the Department Clearance Officer for PRA, U.S. United States District Court for the quality, utility, and clarity of the Department of Justice. District of Columbia [FR Doc. 2016–14463 Filed 6–17–16; 8:45 am] information to be collected can be United States of America, Department of enhanced; and BILLING CODE 4410–FY–P Justice, Antitrust Division, 450 5th Street • Minimize the burden of the NW., Suite 7000, Washington, DC 20530, collection of information on those who Plaintiff, v. GTCR Fund X/A AIV LP, 300 are to respond, including through the DEPARTMENT OF JUSTICE North LaSalle Street, Suite 5600, Chicago, IL use of appropriate automated, 60654, Cision US Inc., 130 East Randolph electronic, mechanical, or other Antitrust Division Street, 7th Floor, Chicago, IL 60601, UBM PLC, Ogier House, The Esplanade, St. Helier, technological collection techniques or Jersey, JE4 9WG, PRN Delaware, Inc., 2 Penn other forms of information technology, United States v. GTCR Fund X/A AIV LP, et al.; Proposed Final Judgment Plaza, 15th Floor, New York, NY 10121, and e.g., permitting electronic submission of PWW Acquisition LLC, 300 North LaSalle responses. and Competitive Impact Statement Street, Suite 5600, Chicago, IL 60654, Defendants. Overview of this information collection Notice is hereby given pursuant to the Case No.: 1:16–cv–01091 1. Type of Information Collection Antitrust Procedures and Penalties Act, Judge: Thomas F. Hogan (check justification or form 83): 15 U.S.C. 16(b)–(h), that a proposed Filed: 06/10/2016 Final Judgment, Hold Separate Extension of a currently approved COMPLAINT collection. Stipulation and Order, and Competitive 2. The Title of the Form/Collection: Impact Statement have been filed with The United States of America Notification of Change of Mailing or the United States District Court for the (‘‘United States’’), acting under the Premise Address District of Columbia in United States of direction of the Attorney General of the 3. The agency form number, if any, America v. GTCR Fund X/A AIV LP et United States, brings this civil action to enjoin the proposed acquisition of and the applicable component of the al., Civil Action No. 1:16–cv–01091. On Defendant PRN Delaware, Inc. (‘‘PRN’’), Department sponsoring the collection: June 10, 2016, the United States filed a a subsidiary of Defendant UBM plc Form number (if applicable): None. Complaint alleging that GTCR and (‘‘UBM’’), by Defendant GTCR Fund Component: Bureau of Alcohol, Cision’s proposed acquisition of PR X/A AIV LP (‘‘GTCR’’) through its Tobacco, Firearms and Explosives, U.S. Newswire from UBM plc would violate subsidiary Defendant PWW Acquisition Department of Justice. Section 7 of the Clayton Act, 15 U.S.C. LLC (‘‘PWW’’) (collectively, the 4. Affected public who will be asked 18. The proposed Final Judgment, filed ‘‘transaction’’), and to obtain other or required to respond, as well as a brief at the same time as the Complaint, equitable relief. abstract: requires the defendants to divest PR Primary: Business or other for-profit. Newswire’s Agility and Agility Plus I. NATURE OF THE ACTION Other (if applicable): None. business. 1. Businesses, nonprofits, and other Abstract: During the term of a license organizations rely on media contact Copies of the Complaint, proposed or permit, a licensee or permittee may databases to identify journalists and Final Judgment, and Competitive Impact move his business or operations to a other influencers for public relations new address at which he intends to Statement are available for inspection purposes. GTCR’s subsidiary, Defendant regularly carry on his business or on the Antitrust Division’s Web site at Cision US Inc. (‘‘Cision’’), operates the operations, without procuring a new http://www.justice.gov/atr and at the dominant media contact database in the license or permit. However, in every Office of the Clerk of the United States United States as part of its flagship case, the licensee or permittee shall District Court for the District of public relations workflow software notify the Chief, Federal Explosives Columbia. Copies of these materials may suite. As a result of the transaction, Licensing Center of the change. This be obtained from the Antitrust Division GTCR will acquire UBM’s PR Newswire collection of information is contained in upon request and payment of the business, which operates the third 27 CFR 555.54. copying fee set by Department of Justice largest media contact database in the 5. An estimate of the total number of regulations. United States as part of its public respondents and the amount of time Public comment is invited within 60 relations workflow software suites sold estimated for an average respondent to days of the date of this notice. Such under the Agility and Agility Plus respond: An estimated 1,000 comments, including the name of the brands (‘‘Agility’’). Cision and Agility respondents will take 10 minutes to submitter, and responses thereto, will be compete directly to serve media contact respond. posted on the Antitrust Division’s Web database customers throughout the 6. An estimate of the total public site, filed with the Court, and, under United States. burden (in hours) associated with the 2. Cision and Agility face limited collection: The estimated annual public certain circumstances, published in the competition in the sale of media contact burden associated with this collection is Federal Register. Comments should be databases in the United States. Only one 170 hours. directed to Scott A. Scheele, Chief, other media contact database has gained If additional information is required Telecommunications and Media more than a de minimis market share. contact: Jerri Murray, Department Enforcement Section, Antitrust Elimination of the competition between Clearance Officer, United States Division, Department of Justice, 450 Cision and Agility would leave many Department of Justice, Justice Fifth Street NW., Suite 7000, customers in the United States with Management Division, Policy and only two media contact database Planning Staff, Two Constitution companies capable of fulfilling their

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needs. The two remaining companies PWW—a subsidiary of GTCR—agreed to 13. Media contact databases constitute would have decreased incentives to acquire PR Newswire from UBM for a a relevant product market and line of discount their media contact database base purchase price of $850 million. commerce under Section 7 of the subscription prices during negotiations The transaction would result in GTCR Clayton Act, 15 U.S.C. 18. GTCR, with prospective customers or improve becoming the new owner of Agility, through Cision, and UBM, through PR their products to meet competition. As eliminating it as an independent Newswire, are participants in this a result, the transaction would likely competitor in the media contact market. result in many consumers paying higher database market. B. Relevant Geographic Market net prices and receiving lower quality IV. TRADE AND COMMERCE products and services than they would 14. The relevant geographic market is absent the transaction. A. Relevant Product Market: Media the United States. Customers in the 3. Accordingly, the transaction likely Contact Databases United States generally require a would substantially lessen competition database that provides comprehensive 10. Media contact databases enable coverage of U.S.-based media contacts in the media contact database market in users to look up the contact information the United States in violation of Section and value a domestic presence for sales, of one or more of the following classes service, and support. A hypothetical 7 of the Clayton Act, 15 U.S.C. 18, and of persons: Print journalists, broadcast should be enjoined. monopolist of databases with U.S. journalists, online journalists, other based-media contacts and a U.S. II. JURISDICTION, VENUE, AND journalists, or other ‘‘influencers’’ (e.g., presence would be able profitably to INTERSTATE COMMERCE individuals that are influential on social impose small but significant and non- 4. The United States brings this action media with respect to a given topic). transitory price increases on customers under Section 15 of the Clayton Act, 15 Media contact databases typically also in the United States. U.S.C. 25, as amended, to prevent and enable users to create customized lists of contacts they can then use for C. Anticompetitive Effects of the restrain Defendants from violating Transaction Section 7 of the Clayton Act, 15 U.S.C. targeting outreach to particular groups 18. of journalists and influencers important 15. Customers in the United States 5. This Court has subject matter to the users. Customers typically have few effective choices for media jurisdiction over this action pursuant to purchase annual subscriptions to media contact databases. For many customers, Section 15 of the Clayton Act, 15 U.S.C. contact databases at prices individually there are only three media contact 25, and 28 U.S.C. 1331, 1337(a), and negotiated with public relations databases with sufficiently robust and 1345. Defendants are engaged in workflow software companies. up-to-date coverage of U.S.-based media interstate commerce and in activities 11. Media contact databases are contacts to meet their public relations substantially affecting interstate essential to the day-to-day operations of needs. The transaction will merge two commerce. GTCR, through Cision and many large companies and public of those databases and will thus be a other subsidiaries, and UBM, through relations agencies. Those organizations ‘‘merger to duopoly’’ for those PRN and other subsidiaries, market and frequently need to maintain contact customers, leaving Cision as one of only sell their respective products and with a large number of journalists and two bidders they would seriously services, including their public relations influencers across a wide variety of consider. Although there are nominally workflow software suites, throughout media outlets. For such organizations, other media contact databases, they the United States and regularly transact manually maintaining up-to-date lists of serve a very small segment of the market business and transmit data in all relevant media contacts would be and lack sufficient coverage to satisfy connection with these activities in the highly labor-intensive and imprecise. many customers’ public relations needs. flow of interstate commerce. Thus, that approach does not present a 16. The elimination of competition 6. Defendants have consented to viable alternative to purchasing access from Agility would substantially reduce venue and personal jurisdiction in this to a media contact database. On the the two remaining bidders’ incentives to District. This Court has personal other hand, Cision and PR Newswire offer lower prices, better services, or jurisdiction over each Defendant, and have developed longstanding and better products to win business from venue is proper under Section 12 of the collaborative relationships with media prospective customers. Consumers in Clayton Act, 15 U.S.C. 22, and 28 U.S.C. outlets that they can leverage to more the United States will likely experience 1391(b) and (c). efficiently update their media contact higher prices, worse services, and databases. They also have sizable user inferior products as a result. Moreover, III. THE DEFENDANTS AND THE bases on which they can rely to identify many customers for whom only two TRANSACTION and flag out-of-date contact information media contact database options will 7. GTCR is a private equity firm in their media contact databases. remain in the market after the headquartered in Chicago, Illinois. 12. Developing and maintaining a transaction will be vulnerable to GTCR owns Cision, a leading public media contact database competitive anticompetitive effects resulting from relations workflow software company. with those offered by the three coordinated interaction. The two Cision’s U.S. revenues were companies with more than a de minimis remaining companies could identify approximately $227 million in 2015. share would be highly costly and labor- customers with limited options, and the 8. UBM is a global events marketing intensive. To develop such a database, resultant coordinated interaction could and communications services business it would be necessary to compile keep prices high, quality low, and headquartered in St. Helier, Jersey. UBM contact information for at least several innovation diminished for such owns the PR Newswire business, a hundred thousand media contacts. In customers. leading provider of commercial addition, after compiling that 17. In addition, Agility plays a unique newswire services. PR Newswire’s 2015 information, a media contact database competitive role in the marketplace. As U.S. revenues totaled approximately company would need to incur an aggressive, frequently low-cost $209 million. significant ongoing costs to update that bidder for contracts with prospective 9. Pursuant to a Purchase and Sale information frequently to ensure its media contact database customers, Agreement dated December 14, 2015, accuracy. Agility pressures its two rivals to lower

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their bid prices or risk losing substantial c. award the United States its costs in acquisition. The Complaint alleges that numbers of customers. No such this action; and the proposed acquisition likely would constraint will remain after the d. award the United States such other substantially lessen competition in the transaction. and further relief as may be just and media contact database market in the 18. Cision currently has a dominant proper. United States in violation of Section 7 share of the media contact database Dated: June 10, 2016 of the Clayton Act, 15 U.S.C. 18. This market in the United States. The Respectfully submitted, loss of competition would likely result transaction would further enhance its FOR PLAINTIFF UNITED STATES OF in customers paying higher prices for market position and bargaining power AMERICA: media contact databases and receiving with many customers. Accordingly, the /s/ lllllllllllllllllll lower quality services. transaction increases the likelihood that Renata B. Hesse (D.C. Bar #466107) At the same time the Complaint was Cision could profitably exercise its Principal Deputy Assistant Attorney General filed, the United States also filed a Hold market power in the future. /s/ lllllllllllllllllll Separate Stipulation and Order (‘‘Hold D. Entry Patricia A. Brink Separate Order’’) and proposed Final Director of Civil Enforcement Judgment, which are designed to 19. Due to the costs of developing and eliminate the anticompetitive effects of updating a media contact database with /s/ lllllllllllllllllll Scott A. Scheele (D.C. Bar #429061) the acquisition. Under the proposed information for at least several hundred Final Judgment, which is explained thousand media contacts, it is unlikely Chief, Telecommunications & Media Enforcement Section more fully below, Defendants are that entry or expansion into the media /s/ lllllllllllllllllll required to divest PR Newswire’s contact database market in the United business of providing the Agility and States would be timely, likely, or Lawrence M. Frankel (D.C. Bar #441532) Assistant Chief, Telecommunications & Agility Plus-branded public relations sufficient to defeat the likely Media Enforcement Section workflow software to customers located anticompetitive effects of the /s/ lllllllllllllllllll in the United States and the United transaction. Kingdom (the ‘‘Agility Business’’ or 20. Moreover, Cision and PR Jonathan M. Justl * Brent E. Marshall ‘‘Agility’’). Under the terms of the Hold Newswire’s positions in the marketplace Matthew Jones (D.C. Bar #1006602) Separate Order, Defendants will take have afforded them advantages Trial Attorneys certain steps to ensure that the Agility unavailable to most new entrants. It United States Department of Justice, Business is operated as a competitively would take an extensive period of time Antitrust Division, Telecommunications & independent, economically viable and for a new entrant to build relationships Media Enforcement Section, 450 Fifth Street ongoing business concern, that the with media outlets, to build its NW., Suite 7000, Washington, DC 20530, Agility Business will remain reputation among purchasers, and to Phone: 202-598-8164, Facsimile: 202-514-6381, E-mail: jonathan.justl@ independent and uninfluenced by the grow its user base to be comparable to consummation of the acquisition, and the Defendants’ offerings. usdoj.gov * Attorney of Record that competition is maintained during V. VIOLATION ALLEGED the pendency of the ordered divestiture. United States District Court for the District The United States and Defendants 21. The United States hereby of Columbia incorporates paragraphs 1 through 20. have stipulated that the proposed Final United States of America, Plaintiff, v. Judgment may be entered after 22. The transaction would likely GTCR Fund X/A AIV LP, Cision US Inc., substantially lessen competition in the UBM PLC, PRN Delaware, Inc., and PWW compliance with the APPA. Entry of the national market for media contact Acquisition LLC, Defendants. proposed Final Judgment would databases in violation of Section 7 of the Case No.: 1:16–cv–01091 terminate this action, except that the Clayton Act, 15 U.S.C. 18. Judge: Thomas F. Hogan Court would retain jurisdiction to 23. Unless enjoined, the transaction Filed: 06/10/2016 construe, modify, or enforce the would likely have the following provisions of the proposed Final COMPETITIVE IMPACT STATEMENT anticompetitive effects, among others: Judgment and to punish violations a. competition in the development, Plaintiff United States of America thereof. (‘‘United States’’), pursuant to Section provision, and sale of media contact II. Description of the Events Giving Rise 2(b) of the Antitrust Procedures and databases in the United States will to the Alleged Violation likely be substantially lessened; Penalties Act (‘‘APPA’’ or ‘‘Tunney b. prices for media contact databases Act’’), 15 U.S.C. 16, files this A. The Defendants and the Proposed will likely increase; and Competitive Impact Statement relating Transaction c. innovation and quality of media to the proposed Final Judgment contact databases will likely decrease. submitted for entry in this civil antitrust GTCR is a private equity firm proceeding. headquartered in Chicago, Illinois. VI. REQUESTED RELIEF GTCR owns Defendant Cision US Inc. 24. The United States requests that I. Nature and Purpose of the Proceeding (‘‘Cision’’), a leading public relations this Court: Defendant GTCR Fund X/A AIV LP workflow software company. Cision’s a. adjudge and decree that the (‘‘GTCR’’), through its subsidiary U.S. revenues were approximately $227 transaction violates Section 7 of the Defendant PWW Acquisition LLC million in 2015. Clayton Act, 15 U.S.C. 18; (‘‘PWW’’), and Defendant UBM plc UBM is a global events marketing and b. permanently enjoin and restrain (‘‘UBM’’) entered into a Purchase and communications services business Defendants and all persons acting on Sale Agreement, dated December 14, headquartered in St. Helier, Jersey. UBM their behalf from carrying out the 2015, pursuant to which GTCR intends owns the PR Newswire business, a transaction, or entering into any other to acquire PR Newswire from UBM for leading provider of commercial agreement, understanding, or plan by $850 million. The United States filed a newswire services. PR Newswire’s 2015 which PR Newswire would be acquired civil antitrust Complaint on June 10, U.S. revenues totaled approximately by GTCR, Cision, or any affiliated entity; 2016, seeking to enjoin the proposed $209 million.

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Cision is the dominant media contact The Complaint further alleges that the database market in the United States database provider the United States relevant geographic market is the United would be timely, likely, or sufficient to through its flagship public relations States. Customers in the United States defeat the likely anticompetitive effects workflow software suite.1 Pursuant to generally require a database that of the proposed acquisition. the proposed transaction, GTCR will provides comprehensive coverage of Moreover, Cision and PR Newswire’s acquire UBM’s PR Newswire business, U.S.-based media contacts and value a positions in the marketplace have which through Agility is the third- domestic presence for sales, service, and afforded them advantages unavailable to largest media contact database provider support. According to the Complaint, a most new entrants. Over the years, in the United States. The proposed hypothetical monopolist of databases Cision and PR Newswire have acquisition would eliminate PR with U.S.-based media contacts and a developed longstanding and Newswire as an independent competitor U.S. presence would be able profitably collaborative relationships with media and further enhance Cision’s dominant to impose small but significant and non- outlets that they can leverage to more position in the media contact database transitory price increases on customers efficiently update their media contact market. in the United States. databases. They also have sizable user The proposed acquisition, as initially bases on which they can rely to identify ii. The Proposed Acquisition Would agreed to by Defendants on December and flag out-of-date contact information Produce Anticompetitive Effects 14, 2015, would lessen competition in their media contact databases. It substantially in the media contact According to the Complaint, would take an extensive period of time database market in the United States. customers in the United States have few for a new entrant to build such This acquisition is the subject of the meaningful choices for media contact relationships with media outlets, to Complaint and proposed Final databases. For many customers, only build its reputation among purchasers, Judgment filed today by the United Cision, PR Newswire (through Agility), and to grow its user base to be States. and a third firm provide media contact comparable to the Defendants’ offerings. databases with sufficiently robust and B. Competitive Effects of the up-to-date coverage of U.S.-based media III. Explanation of the Proposed Final Transaction in the Media Contact contacts to meet their public relations Judgment Database Market needs. The proposed acquisition will be A. Divestiture of the Agility Business i. The Relevant Market a ‘‘merger to duopoly’’ for these The divestiture requirement of the customers, leaving Cision—which is proposed Final Judgment will eliminate Media contact databases enable users already the dominant provider in the to look up the contact information for the anticompetitive effects of the market—as one of only two bidders they transaction in the media contact journalists and other ‘‘influencers’’ (e.g., would seriously consider. Although individuals that are influential on social database market in the United States by there are other nominal providers of maintaining Agility as an independent, media with respect to a given topic). media contact databases, these firms Media contact databases typically also economically viable competitor. The serve a very small segment of the market proposed Final Judgment requires enable users to create customized lists and lack sufficient coverage to meet of contacts they can use for targeting Defendants to divest Agility to Innodata many customers’ needs. Inc. (‘‘Innodata’’) or another acquirer outreach to particular groups of The elimination of competition from acceptable to the United States in its journalists and influencers important to Agility would substantially reduce the sole discretion. Pursuant to Paragraph the users. Customers usually purchase two remaining bidders’ incentives to annual subscriptions to media contact IV.A, Defendants’ divestiture of Agility offer lower prices, better services, or must be completed within thirty (30) databases at prices individually better products to win business from negotiated with public relations calendar days after (i) the signing of the prospective customers. As alleged in the Hold Separate Order, or (ii) workflow software companies. Complaint, prior to the proposed Media contact databases are essential consummation of the transaction, acquisition, Agility was an aggressive, whichever is later. The United States to the day-to-day operations of many frequently low-cost bidder for contracts large companies and public relations may, in its sole discretion, agree to one with prospective media contact database or more extensions of this time period agencies. These organizations often customers, and the loss of competition need to maintain contact with a large not to exceed 90 calendar days in total. from Agility will likely result in higher The ‘‘Divestiture Assets’’ are defined number of journalists and influencers prices, worse services, and inferior across a wide variety of media outlets. in Paragraph II.D of the proposed Final products. In addition, the overall Judgment to cover all tangible assets For such organizations, manually reduction in significant media contact maintaining up-to-date lists of all comprising the Agility Business and all database providers from three to two intangible assets used in the relevant media contacts would be highly will leave many customers vulnerable to labor intensive and imprecise. Thus, for development, marketing, and provision anticompetitive effects resulting from of public relations workflow software by these organizations, manually coordinated interaction. Cision and the maintaining media contacts is not a the Agility Business. Those assets other remaining firm could identify include all of Agility’s contracts with viable alternative to purchasing access customers with limited options and, to a media contact database. For these customers whose primary location is through coordinated interaction, raise inside the United States or the United reasons, the Complaint alleges that those customers’ prices and reduce the media contact databases constitute a Kingdom, and all of Agility’s quality of services that they receive. 2 relevant product market and line of intellectual property. commerce under Section 7 of the iii. Timely Entry Is Unlikely 2 The divestiture assets do not include, however, Clayton Act, 15 U.S.C. 18. Due to the costs of developing and contracts with Agility customers whose primary updating a media contact database with location is outside the United States and the United 1 ‘‘Public relations workflow software’’ refers to information for at least several hundred Kingdom, or certain assets that PR Newswire used software that a developer has designed for the for non-Agility products, such as PR Newswire’s purpose of enabling users to identify media thousand media contacts, the Complaint Oracle Enterprise Single Sign-On user contacts, monitor media coverage, and/or analyze a alleges that it is unlikely that entry or authentication system and leases for real property media campaign’s performance. expansion into the media contact used by both the Agility Business and other PR

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Pursuant to Paragraph IV.I of the the anticompetitive effects of the competitiveness of the Divestiture proposed Final Judgment, the assets acquisition in the provision of media Assets. must be divested in such a way as to contact databases in the United States. IV. Remedies Available to Potential satisfy the United States in its sole B. Notification of Future Transactions Private Litigants discretion that the operations can and will be operated by the purchaser as a Section XI of the proposed Final Section 4 of the Clayton Act, 15 viable, ongoing business that can Judgment requires Cision, Defendant U.S.C. 15, provides that any person who compete effectively in the relevant PRN Delaware, Inc., and GTCR, during has been injured as a result of conduct market. To this end, the Defendants any period in which GTCR or its related prohibited by the antitrust laws may must divest the entire Agility Business, entities have a direct or indirect bring suit in federal court to recover including the media contact database as controlling ownership interest or certain three times the damages the person has well as the other Agility software management rights in Cision suffered, as well as costs and reasonable modules, as the media contact database (collectively, the ‘‘Operating attorneys’ fees. Entry of the proposed is often sold with these other modules Defendants’’), to provide advanced Final Judgment will neither impair nor as part of an integrated suite. notification of certain transactions not assist the bringing of any private Defendants must take all reasonable otherwise subject to the reporting and antitrust damage action. Under the steps necessary to accomplish the waiting period requirements of the Hart- provisions of Section 5(a) of the Clayton divestiture quickly and shall cooperate Scott-Rodino Antitrust Improvements Act, 15 U.S.C. 16(a), the proposed Final with prospective purchasers. Act of 1976, as amended, 15 U.S.C. 18a Judgment has no prima facie effect in In addition, Paragraph IV.G of the (the ‘‘HSR Act’’). Specifically, the any subsequent private lawsuit that may proposed Final Judgment gives the Operating Defendants shall not acquire be brought against Defendants. purchaser of the Divestiture Assets the any assets of or any interest in any V. Procedures Available for right to require Defendants to enter into provider of public relations workflow Modification of the Proposed Final a transition services agreement. This software during the term of the Final Judgment provision is designed to ensure that the Judgment without providing notification purchaser can obtain any transitional The United States and Defendants to the United States at least thirty (30) have stipulated that the proposed Final services necessary to facilitate calendar days in advance of the continuous operation of the divested Judgment may be entered by the Court transaction. Section XI then provides for after compliance with the provisions of assets until the purchaser can provide waiting periods and opportunities for such capabilities independently. the APPA, provided that the United the United States to obtain additional In the event that Defendants do not States has not withdrawn its consent. information similar to the provisions of accomplish the divestiture within the The APPA conditions entry upon the periods prescribed in the proposed the HSR Act before such transactions Court’s determination that the proposed Final Judgment, Section V of the can be consummated. This provision is Final Judgment is in the public interest. proposed Final Judgment provides that intended to inform the Antitrust The APPA provides a period of at the Court will appoint a trustee selected Division of transactions that may raise least sixty (60) days preceding the by the United States to effect the competitive concerns similar to those effective date of the proposed Final divestiture. If a trustee is appointed, the remedied here and to provide the Judgment within which any person may proposed Final Judgment provides that Antitrust Division with the opportunity, submit to the United States written Defendants will pay all costs and if needed, to seek effective relief. comments regarding the proposed Final expenses of the trustee. The trustee’s C. Hold Separate Provisions Judgment. Any person who wishes to commission will be structured so as to comment should do so within sixty (60) provide an incentive for the trustee In connection with the proposed Final days of the date of publication of this based on the price obtained and the Judgment, Defendants have agreed to Competitive Impact Statement in the speed with which the divestiture is the terms of a Hold Separate Order, Federal Register, or the last date of accomplished. After his or her which is intended to ensure that the publication in a newspaper of the appointment becomes effective, the Divestiture Assets are operated as a summary of this Competitive Impact trustee will file monthly reports with competitively independent and Statement, whichever is later. All the Court and the United States setting economically viable ongoing business comments received during this period forth his or her efforts to accomplish the concern and that competition is will be considered by the United States divestiture. At the end of six months maintained during the pendency of the Department of Justice, which remains after the trustee’s appointment, if the ordered divestiture. Sections V(A)–(B) free to withdraw its consent to the divestiture has not been accomplished, of the Hold Separate Order specify that proposed Final Judgment at any time the trustee and the United States will the Divestiture Assets will be prior to the Court’s entry of judgment. make recommendations to the Court, maintained as separate viable The comments and the response of the which shall enter such orders as businesses and that Operating United States will be filed with the appropriate, in order to carry out the Defendants’ employees will not gain Court. In addition, comments will be purpose of the trust, including access to the books and records or the posted on the U.S. Department of extending the trust or the term of the competitively sensitive sales, marketing Justice, Antitrust Division’s Internet trustee’s appointment. and pricing information of or be Web site and, under certain The divestiture provisions of the involved in decision-making related to circumstances, published in the Federal proposed Final Judgment will eliminate the Divestiture Assets prior to Register. divestiture. Sections V(C)–(E) further Written comments should be Newswire businesses. Thus, Defendants will be able require that Defendants use all submitted to: to retain back-office systems or other assets and reasonable efforts to maintain and Scott A. Scheele contracts used at the corporate level to support their increase the sales and revenues of the Chief, Telecommunications and Media remaining operations, and which an acquirer could supply for itself. In addition, inclusion of U.K. Divestiture Assets and that they provide Enforcement Section customers, along with U.S. customers, will give the sufficient working capital and credit to Antitrust Division divestiture buyer greater scale. maintain the condition and United States Department of Justice

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450 5th Street NW., Suite 7000 15 U.S.C. 16(e)(1)(A) & (B). In breached its duty to the public in Washington, DC 20530 considering these statutory factors, the consenting to the decree. The court is court’s inquiry is necessarily a limited required to determine not whether a The proposed Final Judgment provides one as the government is entitled to particular decree is the one that will that the Court retains jurisdiction over ‘‘broad discretion to settle with the best serve society, but whether the this action, and the parties may apply to defendant within the reaches of the settlement is ‘‘within the reaches of the the Court for any order necessary or public interest.’’ United States v. public interest.’’ More elaborate appropriate for the modification, Microsoft Corp., 56 F.3d 1448, 1461 requirements might undermine the interpretation, or enforcement of the (D.C. Cir. 1995); see generally United effectiveness of antitrust enforcement by Final Judgment. States v. SBC Commc’ns, Inc., 489 F. consent decree. VI. Alternatives to the Proposed Final Supp. 2d 1 (D.D.C. 2007) (assessing Bechtel, 648 F.2d at 666 (emphasis Judgment public interest standard under the added) (citations omitted).4 In Tunney Act); United States v. US determining whether a proposed The United States considered, as an Airways Group, Inc., 38 F. Supp. 3d 69, settlement is in the public interest, a alternative to the proposed Final 75 (D.D.C. 2014) (explaining that the district court ‘‘must accord deference to Judgment, a full trial on the merits ‘‘court’s inquiry is limited’’ in Tunney the government’s predictions about the against Defendants. The United States Act settlements); United States v. InBev efficacy of its remedies, and may not could have continued the litigation and N.V./S.A., No. 08–1965 (JR), 2009–2 require that the remedies perfectly sought preliminary and permanent Trade Cas. (CCH) ¶ 76,736, 2009 U.S. match the alleged violations.’’ SBC injunctions against consummation of Dist. LEXIS 84787, at *3 (D.D.C. Aug. Commc’ns, 489 F. Supp. 2d at 17; see the proposed transaction. The United 11, 2009) (noting that the court’s review also US Airways, 38 F. Supp. 3d at 75 States is satisfied, however, that the of a consent judgment is limited and (noting that a court should not reject the divestiture of assets described in the only inquires ‘‘into whether the proposed remedies because it believes proposed Final Judgment will preserve government’s determination that the others are preferable); Microsoft, 56 F.3d competition in the media contact proposed remedies will cure the at 1461 (noting the need for courts to be database market in the United States. antitrust violations alleged in the ‘‘deferential to the government’s Thus, the proposed Final Judgment complaint was reasonable, and whether predictions as to the effect of the would achieve all or substantially all of the mechanism to enforce the final proposed remedies’’); United States v. the relief the United States would have judgment are clear and manageable.’’).3 Archer-Daniels-Midland Co., 272 F. obtained through litigation, but avoids As the United States Court of Appeals Supp. 2d 1, 6 (D.D.C. 2003) (noting that the time, expense, and uncertainty of a for the District of Columbia Circuit has the court should grant due respect to the full trial on the merits of the Complaint. held, under the APPA a court considers, United States’ prediction as to the effect VII. Standard of Review Under the among other things, the relationship of proposed remedies, its perception of APPA for the Proposed Final Judgment between the remedy secured and the the market structure, and its views of specific allegations set forth in the the nature of the case). The Clayton Act, as amended by the government’s complaint, whether the Courts have greater flexibility in APPA, requires that proposed consent decree is sufficiently clear, whether approving proposed consent decrees judgments in antitrust cases brought by enforcement mechanisms are sufficient, than in crafting their own decrees the United States be subject to a sixty- and whether the decree may positively following a finding of liability in a day comment period, after which the harm third parties. See Microsoft, 56 litigated matter. ‘‘[A] proposed decree court shall determine whether entry of F.3d at 1458–62. With respect to the must be approved even if it falls short the proposed Final Judgment ‘‘is in the adequacy of the relief secured by the of the remedy the court would impose public interest.’’ 15 U.S.C. 16(e)(1). In decree, a court may not ‘‘engage in an on its own, as long as it falls within the making that determination, the court, in unrestricted evaluation of what relief range of acceptability or is ‘within the accordance with the statute as amended would best serve the public.’’ United reaches of public interest.’ ’’ United in 2004, is required to consider: States v. BNS, Inc., 858 F.2d 456, 462 States v. Am. Tel. & Tel. Co., 552 F. (A) the competitive impact of such (9th Cir. 1988) (quoting United States v. Supp. 131, 151 (D.D.C. 1982) (citations judgment, including termination of Bechtel Corp., 648 F.2d 660, 666 (9th omitted) (quoting United States v. Gillette Co., 406 F. Supp. at 716), aff’d alleged violations, provisions for Cir. 1981)); see also Microsoft, 56 F.3d sub nom. Maryland v. United States, enforcement and modification, duration at 1460–62; United States v. Alcoa, Inc., 460 U.S. 1001 (1983); see also U.S. of relief sought, anticipated effects of 152 F. Supp. 2d 37, 40 (D.D.C. 2001); Airways, 38 F. Supp. 3d at 75 (noting alternative remedies actually InBev, 2009 U.S. Dist. LEXIS 84787, at that room must be made for the considered, whether its terms are *3. Courts have held that: government to grant concessions in the ambiguous, and any other competitive [t]he balancing of competing social and negotiation process for settlements considerations bearing upon the political interests affected by a proposed (citing SBC Commc’ns, 489 F. Supp. 2d adequacy of such judgment that the antitrust consent decree must be left, in at 15)); United States v. Alcan court deems necessary to a the first instance, to the discretion of the Aluminum Ltd., 605 F. Supp. 619, 622 determination of whether the consent Attorney General. The court’s role in protecting the public interest is one of judgment is in the public interest; and 4 Cf. BNS, 858 F.2d at 464 (holding that the (B) the impact of entry of such insuring that the government has not court’s ‘‘ultimate authority under the [APPA] is judgment upon competition in the limited to approving or disapproving the consent 3 The 2004 amendments substituted ‘‘shall’’ for decree’’); United States v. Gillette Co., 406 F. Supp. relevant market or markets, upon the ‘‘may’’ in directing relevant factors for court to 713, 716 (D. Mass. 1975) (noting that, in this way, public generally and individuals consider and amended the list of factors to focus on the court is constrained to ‘‘look at the overall alleging specific injury from the competitive considerations and to address picture not hypercritically, nor with a microscope, violations set forth in the complaint potentially ambiguous judgment terms. Compare 15 but with an artist’s reducing glass’’). See generally U.S.C. 16(e) (2004), with 15 U.S.C. 16(e)(1) (2006); Microsoft, 56 F.3d at 1461 (discussing whether ‘‘the including consideration of the public see also SBC Commc’ns, 489 F. Supp. 2d at 11 remedies [obtained in the decree are] so benefit, if any, to be derived from a (concluding that the 2004 amendments ‘‘effected inconsonant with the allegations charged as to fall determination of the issues at trial. minimal changes’’ to Tunney Act review). outside of the ‘reaches of the public interest’ ’’).

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(W.D. Ky. 1985) (approving the consent prompt and less costly settlement Cision US Inc., UBM plc, PRN decree even though the court may have through the consent decree process.’’ Delaware, Inc., and PWW Acquisition imposed a greater remedy). To meet this 119 Cong. Rec. 24,598 (1973) (statement LLC (collectively, ‘‘Defendants’’), by standard, the United States ‘‘need only of Sen. Tunney). Rather, the procedure their respective attorneys, have provide a factual basis for concluding for the public interest determination is consented to the entry of this Final that the settlements are reasonably left to the discretion of the court, with Judgment without trial or adjudication adequate remedies for the alleged the recognition that the court’s ‘‘scope of any issue of fact or law, and without harms.’’ SBC Commc’ns, 489 F. Supp. of review remains sharply proscribed by this Final Judgment constituting any 2d at 17. precedent and the nature of Tunney Act evidence against or admission by any Moreover, the court’s role under the proceedings.’’ SBC Commc’ns, 489 F. party regarding any issue of fact or law; APPA is limited to reviewing the Supp. 2d at 11.5 A court can make its AND WHEREAS, Defendants agree to remedy in relationship to the violations public interest determination based on be bound by the provisions of this Final that the United States has alleged in its the competitive impact statement and Judgment pending its approval by the Complaint, and does not authorize the response to public comments alone. US Court; court to ‘‘construct [its] own Airways, 38 F. Supp. 3d at 76. AND WHEREAS, the essence of this hypothetical case and then evaluate the Final Judgment is the prompt and decree against that case.’’ Microsoft, 56 VIII. Determinative Documents certain divestiture of certain rights or F.3d at 1459; see also US Airways, 38 There are no determinative materials assets by the Defendants to assure that F. Supp. 3d at 75 (noting that the court or documents within the meaning of the competition is not substantially must simply determine whether there is APPA that were considered by the lessened; a factual foundation for the United States in formulating the AND WHEREAS, the United States government’s decisions such that its proposed Final Judgment. requires Defendants to make certain conclusions regarding the proposed Dated: June 10, 2016 divestitures for the purpose of settlements are reasonable); InBev, 2009 Respectfully submitted, remedying the loss of competition U.S. Dist. LEXIS 84787, at *20 (‘‘the alleged in the Complaint; /s/ lllllllllllllllllll ‘public interest’ is not to be measured by AND WHEREAS, Defendants have comparing the violations alleged in the Jonathan M. Justl * represented to the United States that the complaint against those the court Brent E. Marshall Matthew Jones (D.C. Bar #1006602) divestitures required below can and will believes could have, or even should Trial Attorneys, United States Department of be made and that Defendants will later have, been alleged’’). Because the Justice, Antitrust Division, raise no claim of hardship or difficulty ‘‘court’s authority to review the decree Telecommunications & Media Enforcement as grounds for asking the Court to depends entirely on the government’s Section, 450 Fifth Street NW., Suite 7000, modify any of the divestiture provisions exercising its prosecutorial discretion by Washington, DC 20530, Phone: 202–598– contained below; bringing a case in the first place,’’ it 8164, Facsimile: 202–514–6381 E-mail: NOW THEREFORE, before any follows that ‘‘the court is only [email protected]. testimony is taken, without trial or authorized to review the decree itself,’’ * Attorney of Record adjudication of any issue of fact or law, and not to ‘‘effectively redraft the and upon consent of the parties, it is United States District Court for the complaint’’ to inquire into other matters ORDERED, ADJUDGED AND DECREED: that the United States did not pursue. District of Columbia I. Jurisdiction Microsoft, 56 F.3d at 1459–60. As this United States of America, Plaintiff, v. Court confirmed in SBC GTCR Fund X/A AIV LP, Cision US Inc., This Court has jurisdiction over the Communications, courts ‘‘cannot look UBM PLC, PRN Delaware, Inc., and PWW subject matter of and each of the parties beyond the complaint in making the Acquisition LLC, Defendants. to this action. The Complaint states a public interest determination unless the Case No.: 1:16–cv–01091 claim upon which relief may be granted complaint is drafted so narrowly as to Judge: Thomas F. Hogan against Defendants under Section 7 of make a mockery of judicial power.’’ SBC Filed: 06/10/2016 the Clayton Act, as amended (15 U.S.C. Commc’ns, 489 F. Supp. 2d at 15. [PROPOSED] FINAL JUDGMENT 18). In its 2004 amendments, Congress made clear its intent to preserve the WHEREAS, Plaintiff, United States of II. Definitions practical benefits of utilizing consent America, filed its Complaint on June As used in this Final Judgment: decrees in antitrust enforcement, adding lll, 2016, and the United States and A. ‘‘Acquirer’’ means Innodata or the unambiguous instruction that Defendants GTCR Fund X/A AIV LP, another entity to whom Defendants ‘‘[n]othing in this section shall be divest the Divestiture Assets. construed to require the court to 5 See United States v. Enova Corp., 107 F. Supp. B. ‘‘Agility Business’’ means the 2d 10, 17 (D.D.C. 2000) (noting that the ‘‘Tunney conduct an evidentiary hearing or to Act expressly allows the court to make its public business of providing the Agility and require the court to permit anyone to interest determination on the basis of the Agility Plus-branded Public Relations intervene.’’ 15 U.S.C. 16(e)(2); see also competitive impact statement and response to Workflow Software to customers located US Airways, 38 F. Supp. 3d at 76 comments alone’’); United States v. Mid-Am. in the United States and the United Dairymen, Inc., No. 73–CV–681–W–1, 1977–1 Trade (indicating that a court is not required Cas. (CCH) ¶ 61,508, 1977 U.S. Dist. LEXIS 15858, Kingdom. For the avoidance of doubt, to hold an evidentiary hearing or to at *22 (W.D. Mo. 1977) (‘‘Absent a showing of the Agility Business does not include permit intervenors as part of its review corrupt failure of the government to discharge its other products and services offered by under the Tunney Act). The language duty, the Court, in making its public interest PRN prior to the Transaction (including finding, should . . . carefully consider the wrote into the statute what Congress explanations of the government in the competitive press release distribution, Vintage intended when it enacted the Tunney impact statement and its responses to comments in filings, MediaVantage, Profnet, or Act in 1974, as Senator Tunney order to determine whether those explanations are content production services). explained: ‘‘[t]he court is nowhere reasonable under the circumstances.’’); S. Rep. No. C. ‘‘Cision’’ means defendant Cision 93–298, at 6 (1973) (‘‘Where the public interest can compelled to go to trial or to engage in be meaningfully evaluated simply on the basis of US Inc., a Delaware corporation with its extended proceedings which might have briefs and oral arguments, that is the approach that headquarters in Chicago, Illinois; its the effect of vitiating the benefits of should be utilized.’’). successors and assigns; its subsidiaries,

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divisions, groups, affiliates, level PRN employees who oversee the their directors, officers, managers, partnerships, and joint ventures; and Agility Business but who also have agents, and employees. their directors, officers, managers, responsibilities for other PRN III. Applicability agents, and employees. businesses. D. ‘‘Divestiture Assets’’ means the E. ‘‘GTCR’’ means defendant GTCR A. This Final Judgment applies to Agility Business, including: Fund X/A AIV LP, a limited partnership GTCR, Cision, UBM, PRN, and PWW, as 1. All tangible assets that comprise with its headquarters in Chicago, defined above and as set forth herein, the Agility Business, including research Illinois; its successors and assigns; its and all other persons in active concert and development activities; all fixed subsidiaries, divisions, groups, or participation with any of them who assets, personal property, inventory, affiliates, partnerships, and joint receive actual notice of this Final office furniture, materials, supplies, and ventures; and their directors, officers, Judgment by personal service or other tangible property and all assets managers, agents, and employees. otherwise. used exclusively in connection with the F. ‘‘Innodata’’ means Innodata Inc., a B. If, prior to complying with Section Agility Business; all licenses, permits, Delaware corporation with its IV and V of this Final Judgment, and authorizations issued by any headquarters in Hackensack, New Defendants sell or otherwise dispose of governmental organization relating to Jersey; its successors and assigns; its all or substantially all of their assets or the Agility Business; all contracts, subsidiaries, divisions, groups, of lesser business units that include the teaming arrangements, agreements, affiliates, partnerships, and joint Divestiture Assets, they shall require the leases, commitments, certifications, and ventures; and their directors, officers, purchaser to be bound by the provisions understandings relating to the Agility managers, agents, and employees. of this Final Judgment. Defendants need not obtain such an agreement from the Business, including supply agreements; G. ‘‘Operating Defendants’’ means Acquirer of the assets divested pursuant all customer lists, contracts, accounts, Cision and PRN. ‘‘Operating to this Final Judgment. and credit records; all repair and Defendants’’ also means GTCR during performance records; and all other any period in which GTCR or its IV. Divestitures records relating to the Agility Business; subsidiaries, divisions, groups, affiliates, partnerships, joint ventures, A. Defendants are ordered and and directed, within thirty (30) calendar 2. All intangible assets used in the directors, officers, managers, agents, and employees, either individually or in any days after (i) the signing of the Hold development, marketing, and provision Separate Stipulation and Order in this of Public Relations Workflow Software combination, have a direct or indirect controlling ownership interest or any matter, or (ii) consummation of the by the Agility Business, including, but Transaction, whichever is later, to not limited to all patents, licenses and management role in Cision or have the right to appoint one or more members divest the Divestiture Assets in a sublicenses, intellectual property, manner consistent with this Final copyrights, trademarks, trade names, of Cision’s board. H. ‘‘PRN’’ means defendant PRN Judgment to an Acquirer acceptable to service marks, service names, technical the United States, in its sole discretion. information, computer software and Delaware, Inc., a Delaware corporation with its headquarters in New York, New The United States, in its sole discretion, related documentation, know how, trade may agree to one or more extensions of secrets, drawings, blueprints, designs, York; its successors and assigns; its subsidiaries, divisions, groups, this time period not to exceed ninety design protocols, quality assurance and (90) calendar days in total, and shall control procedures, design tools and affiliates, partnerships, and joint ventures; and their directors, officers, notify the Court in such circumstances. simulation capability, all manuals and Defendants agree to use their best efforts technical information Defendants managers, agents, and employees. I. ‘‘PR Newswire’’ means the PR to divest the Divestiture Assets as provide to their own employees, Newswire business that PWW will expeditiously as possible. customers, suppliers, agents or acquire from UBM pursuant to a B. In the event Operating Defendants licensees, and all research data definitive agreement dated December are attempting to divest the Divestiture concerning historic and current research 14, 2015, including PRN, its foreign PR Assets to an Acquirer other than and development efforts relating to the Newswire affiliates, and certain other Innodata, Operating Defendants Agility Business, including, but not assets and liabilities specified in the promptly shall make known, by usual limited to designs of developmental definitive agreement. and customary means, the availability of versions, and the results of successful J. ‘‘Public Relations Workflow the Divestiture Assets. Defendants shall and unsuccessful designs and Software’’ means software that a inform any person making inquiry developmental versions; developer has designed for the purpose regarding a possible purchase of the Provided, however, that the Divestiture of enabling users to identify media Divestiture Assets that they are being Assets do not include contracts with contacts, monitor media coverage, and/ divested pursuant to this Final Agility customers whose primary or analyze a media campaign’s Judgment and provide that person with location is outside the United States and performance. a copy of this Final Judgment. the United Kingdom; PR Newswire’s K. ‘‘PWW’’ means defendant PWW Defendants shall offer to furnish to all Oracle Enterprise Single Sign-On user Acquisition, LLC, a limited liability prospective Acquirers, subject to authentication system; PR Newswire’s company with its headquarters in customary confidentiality assurances, Sendmail Web Service for third-party Chicago, Illinois. all information and documents relating email distribution; PR Newswire’s L. ‘‘Transaction’’ means the to the Divestiture Assets customarily Avalanche application platform; PR transaction sought to be enjoined by the provided in a due diligence process Newswire’s IT infrastructure, Complaint. except such information or documents intellectual property, software, content, M. ‘‘UBM’’ means defendant UBM subject to the attorney-client privileges and data that comprise PR Newswire’s plc, a public limited company with its or work-product doctrine. Defendants businesses other than the Agility headquarters in St. Helier, Jersey; its shall make available such information to Business; leases for real property used successors and assigns; its subsidiaries, the United States at the same time that by both the Agility Business and other divisions, groups, affiliates, such information is made available to PR Newswire businesses; and senior- partnerships, and joint ventures; and any other person.

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C. Defendants shall provide the the intent and capability (including the agreement, on such terms and Acquirer and the United States necessary managerial, operational, conditions as the United States information relating to the personnel technical and financial capability) of approves including confidentiality involved in the production, operation, competing effectively in the Public requirements and conflict of interest development and sale of the Divestiture Relations Workflow Software business; certifications. The Divestiture Trustee Assets to enable the Acquirer to make and shall account for all monies derived offers of employment. Defendants will 2. shall be accomplished so as to from the sale of the assets sold by the not interfere with any negotiations by satisfy the United States, in its sole Divestiture Trustee and all costs and the Acquirer to employ any defendant discretion, that none of the terms of any expenses so incurred. After approval by employee whose primary responsibility agreement between an Acquirer and the Court of the Divestiture Trustee’s is the production, operation, Defendants give Defendants the ability accounting, including fees for its development or sale of the Divestiture unreasonably to raise the Acquirer’s services yet unpaid and those of any Assets. costs, to lower the Acquirer’s efficiency, professionals and agents retained by the D. Defendants shall permit or otherwise to interfere in the ability of Divestiture Trustee, all remaining prospective Acquirers of the Divestiture the Acquirer to compete effectively. money shall be paid to Operating Assets to have reasonable access to V. Appointment of Divestiture Trustee Defendants and the trust shall then be personnel and to make inspections of terminated. The compensation of the the physical facilities of the Divestiture A. If Operating Defendants have not Divestiture Trustee and any Assets; access to any and all divested the Divestiture Assets within professionals and agents retained by the environmental, zoning, and other permit the time period specified in Section Divestiture Trustee shall be reasonable documents and information; and access IV.A., Operating Defendants shall notify in light of the value of the Divestiture to any and all financial, operational, or the United States of that fact in writing. Assets and based on a fee arrangement other documents and information Upon application of the United States, providing the Divestiture Trustee with customarily provided as part of a due the Court shall appoint a Divestiture an incentive based on the price and diligence process. Trustee selected by the United States terms of the divestiture and the speed E. Operating Defendants shall warrant and approved by the Court to effect the with which it is accomplished, but to the Acquirer that each asset will be divestiture of the Divestiture Assets. timeliness is paramount. If the operational on the date of sale. B. After the appointment of a Divestiture Trustee and Operating F. Defendants shall not take any Divestiture Trustee becomes effective, Defendants are unable to reach action that will impede in any way the only the Divestiture Trustee shall have agreement on the Divestiture Trustee’s permitting, operation, or divestiture of the right to sell the Divestiture Assets. or any agents’ or consultants’ the Divestiture Assets. The Divestiture Trustee shall have the compensation or other terms and G. At the option of the Acquirer and power and authority to accomplish the conditions of engagement within 14 subject to the approval of the United divestiture to an Acquirer acceptable to calendar days of appointment of the States in its sole discretion, Defendants the United States at such price and on Divestiture Trustee, the United States shall enter into contracts with the such terms as are then obtainable upon may, in its sole discretion, take Acquirer for any transitional services reasonable effort by the Divestiture appropriate action, including making a that may be necessary to facilitate Trustee, subject to the provisions of recommendation to the Court. The continuous operation of the Divestiture Sections IV, V, and VI of this Final Divestiture Trustee shall, within three Assets until the Acquirer can provide Judgment, and shall have such other (3) business days of hiring any other such capabilities independently. powers as this Court deems appropriate. professionals or agents, provide written H. Operating Defendants shall warrant Subject to Section V.D. of this Final notice of such hiring and the rate of to the Acquirer that there are no Judgment, the Divestiture Trustee may compensation to Operating Defendants material defects in the environmental, hire at the cost and expense of and the United States. zoning or other permits pertaining to the Operating Defendants any investment E. Defendants shall use their best operation of each asset, and that bankers, attorneys, or other agents, who efforts to assist the Divestiture Trustee following the sale of the Divestiture shall be solely accountable to the in accomplishing the required Assets, Defendants will not undertake, Divestiture Trustee, reasonably divestiture. The Divestiture Trustee and directly or indirectly, any challenges to necessary in the Divestiture Trustee’s any consultants, accountants, attorneys, the environmental, zoning, or other judgment to assist in the divestiture. and other agents retained by the permits relating to the operation of the Any such investment bankers, attorneys, Divestiture Trustee shall have full and Divestiture Assets. or other agents shall serve on such terms complete access to the personnel, books, I. Unless the United States otherwise and conditions as the United States records, and facilities of the business to consents in writing, the divestiture approves including confidentiality be divested, and Defendants shall pursuant to Section IV, or by Divestiture requirements and conflict of interest develop financial and other information Trustee appointed pursuant to Section certifications. relevant to such business as the V, of this Final Judgment, shall include C. Defendants shall not object to a sale Divestiture Trustee may reasonably the entire Divestiture Assets, and shall by the Divestiture Trustee on any request, subject to reasonable protection be accomplished in such a way as to ground other than the Divestiture for trade secret or other confidential satisfy the United States, in its sole Trustee’s malfeasance. Any such research, development, or commercial discretion, that the Divestiture Assets objections by Defendants must be information or any applicable can and will be used by the Acquirer as conveyed in writing to the United States privileges. Defendants shall take no part of a viable, ongoing Public and the Divestiture Trustee within ten action to interfere with or to impede the Relations Workflow Software business. (10) calendar days after the Divestiture Divestiture Trustee’s accomplishment of The divestitures, whether pursuant to Trustee has provided the notice the divestiture. Section IV or Section V of this Final required under Section VI. F. After its appointment, the Judgment, D. The Divestiture Trustee shall serve Divestiture Trustee shall file monthly 1. shall be made to an Acquirer that, at the cost and expense of Operating reports with the United States and, as in the United States’ sole judgment, has Defendants pursuant to a written appropriate, the Court setting forth the

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Divestiture Trustee’s efforts to proposed divestiture and list the name, IX. Affidavits accomplish the divestiture ordered address, and telephone number of each A. Within twenty (20) calendar days under this Final Judgment. To the extent person not previously identified who of the filing of the Complaint in this such reports contain information that offered or expressed an interest in or matter, and every thirty (30) calendar the Divestiture Trustee deems desire to acquire any ownership interest days thereafter until the divestiture has confidential, such reports shall not be in the Divestiture Assets, together with been completed under Section IV or V, filed in the public docket of the Court. full details of the same. Defendants shall deliver to the United Such reports shall include the name, B. Within fifteen (15) calendar days of States an affidavit as to the fact and address, and telephone number of each receipt by the United States of such manner of its compliance with Section person who, during the preceding IV or V of this Final Judgment. Each month, made an offer to acquire, notice, the United States may request such affidavit shall include the name, expressed an interest in acquiring, from Defendants, the proposed address, and telephone number of each entered into negotiations to acquire, or Acquirer, any other third party, or the person who, during the preceding thirty was contacted or made an inquiry about Divestiture Trustee, if applicable, (30) calendar days, made an offer to acquiring, any interest in the Divestiture additional information concerning the acquire, expressed an interest in Assets, and shall describe in detail each proposed divestiture, the proposed acquiring, entered into negotiations to contact with any such person. The Acquirer, and any other potential acquire, or was contacted or made an Divestiture Trustee shall maintain full Acquirer. Defendants and the inquiry about acquiring, any interest in records of all efforts made to divest the Divestiture Trustee shall furnish any the Divestiture Assets, and shall Divestiture Assets. additional information requested within G. If the Divestiture Trustee has not fifteen (15) calendar days of the receipt describe in detail each contact with any accomplished the divestiture ordered of the request, unless the parties shall such person during that period. Each under this Final Judgment within six otherwise agree. such affidavit shall also include a months after its appointment, the description of the efforts Defendants C. Within thirty (30) calendar days have taken to solicit buyers for the Divestiture Trustee shall promptly file after receipt of the notice or within with the Court a report setting forth (1) Divestiture Assets, and to provide twenty (20) calendar days after the required information to prospective the Divestiture Trustee’s efforts to United States has been provided the accomplish the required divestiture, (2) Acquirers, including the limitations, if additional information requested from the reasons, in the Divestiture Trustee’s any, on such information. Assuming the Defendants, the proposed Acquirer, any judgment, why the required divestiture information set forth in the affidavit is third party, and the Divestiture Trustee, has not been accomplished, and (3) the true and complete, any objection by the whichever is later, the United States Divestiture Trustee’s recommendations. United States to information provided To the extent such report contains shall provide written notice to by Defendants, including limitation on information that the Divestiture Trustee Defendants and the Divestiture Trustee, information, shall be made within deems confidential, such report shall if there is one, stating whether or not it fourteen (14) calendar days of receipt of not be filed in the public docket of the objects to the proposed divestiture. If such affidavit. Court. The Divestiture Trustee shall at the United States provides written B. Within twenty (20) calendar days the same time furnish such report to the notice that it does not object, the of the filing of the Complaint in this United States which shall have the right divestiture may be consummated, matter, Defendants shall deliver to the to make additional recommendations subject only to Defendants’ limited right United States an affidavit that describes consistent with the purpose of the trust. to object to the sale under Section V.C. in reasonable detail all actions The Court thereafter shall enter such of this Final Judgment. Absent written Defendants have taken and all steps orders as it shall deem appropriate to notice that the United States does not Defendants have implemented on an carry out the purpose of the Final object to the proposed Acquirer or upon ongoing basis to comply with Section Judgment, which may, if necessary, objection by the United States, a VIII of this Final Judgment. Defendants include extending the trust and the term divestiture proposed under Section IV shall deliver to the United States an of the Divestiture Trustee’s appointment or Section V shall not be consummated. affidavit describing any changes to the by a period requested by the United Upon objection by Defendants under efforts and actions outlined in States. Section V.C., a divestiture proposed Defendants’ earlier affidavits filed H. If the United States determines that under Section V shall not be pursuant to this Section within fifteen the Divestiture Trustee has ceased to act consummated unless approved by the (15) calendar days after the change is or failed to act diligently or in a Court. implemented. reasonably cost-effective manner, it may C. Defendants shall keep all records of recommend the Court appoint a VII. Financing all efforts made to preserve and divest the Divestiture Assets until one year substitute Divestiture Trustee. Defendants shall not finance all or after such divestiture has been any part of any purchase made pursuant VI. Notice of Proposed Divestiture completed. A. Within two (2) business days to Section IV or V of this Final following execution of a definitive Judgment. X. Compliance Inspection divestiture agreement, Operating VIII. Hold Separate A. For the purposes of determining or Defendants or the Divestiture Trustee, securing compliance with this Final whichever is then responsible for Until the divestiture required by this Judgment, or of any related orders such effecting the divestiture required herein, Final Judgment has been accomplished, as any Hold Separate Order, or of shall notify the United States of any Defendants shall take all steps necessary determining whether the Final proposed divestiture required by to comply with the Hold Separate Judgment should be modified or Section IV or V of this Final Judgment. Stipulation and Order entered by this vacated, and subject to any legally If the Divestiture Trustee is responsible, Court. Defendants shall take no action recognized privilege, from time to time it shall similarly notify Defendants. The that would jeopardize the divestiture authorized representatives of the United notice shall set forth the details of the ordered by this Court. States Department of Justice, including

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consultants and other persons retained 1976, as amended, 15 U.S.C. 18a (the XIV. Expiration of Final Judgment by the United States, shall, upon written ‘‘HSR Act’’), the Operating Defendants, Unless this Court grants an extension, request of an authorized representative without providing advance notification this Final Judgment shall expire ten of the Assistant Attorney General in to the United States Department of years from the date of its entry. charge of the Antitrust Division, and on Justice, Antitrust Division, shall not reasonable notice to Defendants, be directly or indirectly acquire any assets XV. Public Interest Determination permitted: of or any interest, including any Entry of this Final Judgment is in the 1. access during Defendants’ office financial, security, loan, equity or public interest. The parties have hours to inspect and copy, or at the management interest, in any provider of complied with the requirements of the option of the United States, to require Public Relations Workflow Software Antitrust Procedures and Penalties Act, Defendants to provide hard copy or during the term of this Final Judgment. 15 U.S.C. 16, including making copies electronic copies of, all books, ledgers, available to the public of this Final accounts, records, data, and documents Such notification shall be provided to the Department of Justice in the same Judgment, the Competitive Impact in the possession, custody, or control of Statement, and any comments thereon Defendants, relating to any matters format as, and per the instructions relating to the Notification and Report and the United States’ responses to contained in this Final Judgment; and comments. Based upon the record 2. to interview, either informally or on Form set forth in the Appendix to Part before the Court, which includes the the record, Defendants’ officers, 803 of Title 16 of the Code of Federal Competitive Impact Statement and any employees, or agents, who may have Regulations as amended, except that the comments and response to comments their individual counsel present, information requested in Items 5 filed with the Court, entry of this Final regarding such matters. The interviews through 9 of the instructions must be Judgment is in the public interest. shall be subject to the reasonable provided only about Public Relations convenience of the interviewee and Workflow Software. Notification shall Date: llllllllllllllllll without restraint or interference by be provided at least thirty (30) calendar Court approval subject to procedures of Defendants. days prior to acquiring any such Antitrust Procedures and Penalties Act, 15 B. Upon the written request of an interest, and shall include, beyond what U.S.C. 16 authorized representative of the may be required by the applicable lllllllllllllllllllll Assistant Attorney General in charge of instructions, the names of the principal United States District Judge the Antitrust Division, Defendants shall representatives of the parties to the [FR Doc. 2016–14497 Filed 6–17–16; 8:45 am] submit written reports or responses to agreement who negotiated the BILLING CODE P written interrogatories, under oath if agreement, and any management or requested, relating to any of the matters strategic plans discussing the proposed contained in this Final Judgment as may transaction. If within the 30-day period DEPARTMENT OF JUSTICE be requested. after notification, representatives of the C. No information or documents Department of Justice make a written Foreign Claims Settlement obtained by the means provided in this request for additional information, the Commission Section shall be divulged by the United Operating Defendants shall not [OMB Number 1105–0100] States to any person other than an consummate the proposed transaction authorized representative of the or agreement until thirty (30) calendar Agency Information Collection executive branch of the United States, days after submitting all such additional Activities; Proposed Collection except in the course of legal proceedings information. Early termination of the Comments Requested; Extension to which the United States is a party waiting periods in this paragraph may Without Change, of a Previously (including grand jury proceedings), or be requested and, where appropriate, Approved Collection; Claims of U.S. for the purpose of securing compliance granted in the same manner as is Nationals Referred to the Commission with this Final Judgment, or as applicable under the requirements and by the Department of State Pursuant to otherwise required by law. provisions of the HSR Act and rules Section 4(a)(1)(C) of the International D. If at the time information or promulgated thereunder. This Section Claims Settlement Act of 1949 documents are furnished by Defendants shall be broadly construed and any AGENCY: Foreign Claims Settlement to the United States, Defendants ambiguity or uncertainty regarding the Commission, Department of Justice. represent and identify in writing the filing of notice under this Section shall material in any such information or be resolved in favor of filing notice. ACTION: 60-Day notice. documents to which a claim of SUMMARY: The Foreign Claims protection may be asserted under Rule XII. No Reacquisition Settlement Commission (Commission), 26(c)(1)(g) of the Federal Rules of Civil Operating Defendants may not Department of Justice (DOJ), will be Procedure, and Defendants mark each reacquire any part of the Divestiture submitting the following information pertinent page of such material, Assets during the term of this Final collection request to the Office of ‘‘Subject to claim of protection under Judgment. Management and Budget (OMB) for Rule 26(c)(1)(g) of the Federal Rules of review and approval in accordance with Civil Procedure,’’ then the United States XIII. Retention of Jurisdiction the Paperwork Reduction Act of 1995. shall give Defendants ten (10) calendar days notice prior to divulging such This Court retains jurisdiction to DATES: Comments are encouraged and material in any legal proceeding (other enable any party to this Final Judgment will be accepted for 60 days until than a grand jury proceeding). to apply to this Court at any time for August 19, 2016. further orders and directions as may be FOR FURTHER INFORMATION CONTACT: If XI. Notification necessary or appropriate to carry out or you have additional comments Unless such transaction is otherwise construe this Final Judgment, to modify especially on the estimated public subject to the reporting and waiting any of its provisions, to enforce burden or associated response time, period requirements of the Hart-Scott- compliance, and to punish violations of suggestions, or need a copy of the Rodino Antitrust Improvements Act of its provisions. proposed information collection

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instrument with instructions or estimated for an average respondent to meeting pursuant to the National additional information, please contact respond: It is estimated that 500 Foundation on the Arts and Humanities Jeremy LaFrancois, Foreign Claims individual respondents will complete Act of 1965 (20 U.S.C. 951–960, as Settlement Commission, 600 E Street the application, and that the amount of amended). The Committee meetings of NW., Suite 6002, Washington, DC time estimated for an average the National Council on the Humanities 20579. respondent to reply is approximately will be held on July 14, 2016, as follows: SUPPLEMENTARY INFORMATION: Written two hours each. The policy discussion session (open to 6. An estimate of the total public comments and suggestions from the the public) will convene at 10:30 a.m. burden (in hours) associated with the public and affected agencies concerning until approximately 11:30 a.m., collection: 1,000 annual burden hours. the proposed collection of information followed by the discussion of specific If additional information is required are encouraged. Your comments should grant applications and programs before contact: Jerri Murray, Department address one or more of the following the Council (closed to the public) from Clearance Officer, United States four points: 11:30 a.m. until 12:30 p.m. Department of Justice, Justice Challenge Grants: Room 4089. —Evaluate whether the proposed Management Division, Policy and Digital Humanities: Room 4085. collection of information is necessary Planning Staff, Two Constitution Education Programs: Room 2002. for the proper performance of the Square, 145 N Street NE., 3E.405B, Federal/State Partnership: Conference functions of the Bureau of Justice Washington, DC 20530. Room C. Statistics, including whether the Dated: June 15, 2016. Preservation and Access Programs: information will have practical utility; Room P003. —Evaluate the accuracy of the agency’s Jerri Murray, Department Clearance Officer for PRA, U.S. Public Programs: Room P002. estimate of the burden of the Research Programs: Room 4002. proposed collection of information, Department of Justice. [FR Doc. 2016–14465 Filed 6–17–16; 8:45 am] In addition, the Jefferson Lecture including the validity of the Committee (closed to the public) will BILLING CODE 4410–BA–P methodology and assumptions used; meet from 2:30 p.m. until 3:30 p.m. in —Evaluate whether and if so how the Room P002. quality, utility, and clarity of the The plenary session of the National NATIONAL FOUNDATION ON THE information to be collected can be Council on the Humanities will convene ARTS AND THE HUMANITIES enhanced; and on July 15, 2016, at 9:00 a.m. in the —Minimize the burden of the collection Conference Center at Constitution of information on those who are to Meeting of National Council on the Humanities Center. The agenda for the morning respond, including through the use of session (open to the public) will be as appropriate automated, electronic, AGENCY: National Endowment for the follows: mechanical, or other technological Humanities. collection techniques or other forms A. Minutes of the Previous Meeting ACTION: Notice of meeting. of information technology, e.g., B. Reports 1. Chairman’s Remarks permitting electronic submission of SUMMARY: Pursuant to the Federal 2. Deputy Chairman’s Remarks responses. Advisory Committee Act, notice is 3. Presentation by Guest Speaker Dr. hereby given that the National Council Overview of This Information David J. Skorton, Secretary of the on the Humanities will meet to advise Collection Smithsonian Institution the Chairman of the National 4. Congressional Affairs Report 1. Type of Information Collection: Endowment for the Humanities (NEH) 5. Reports on Policy and General Extension of a currently approved with respect to policies, programs and Matters collection. procedures for carrying out his a. Challenge Grants 2. The Title of the Form/Collection: functions; to review applications for b. Digital Humanities Statement of Claim for filing of Claims financial assistance under the National c. Education Programs Referred to the Commission under Foundation on the Arts and Humanities d. Federal/State Partnership section 4(a)(1)(C) of the International Act of 1965 and make recommendations e. Preservation and Access Programs Claims Settlement Act of 1949. thereon to the Chairman; and to f. Public Programs 3. The agency form number: FCSC–1. consider gifts offered to NEH and make g. Research Programs Foreign Claims Settlement Commission, recommendations thereon to the Department of Justice. Chairman. The remainder of the plenary session 4. Affected public who will be asked will be for consideration of specific DATES: or required to respond, as well as a brief The meeting will be held on applications and therefore will be abstract: Thursday, July 14, 2016, from 10:30 a.m. closed to the public. Primary: Individuals. until 12:30 p.m., and Friday, July 15, As identified above, portions of the Other: Corporations. 2016, from 9:00 a.m. until adjourned. meeting of the National Council on the Abstract: Information will be used as ADDRESSES: The meeting will be held at Humanities will be closed to the public a basis for the Commission to receive, Constitution Center, 400 7th Street SW., pursuant to sections 552b(c)(4), examine, adjudicate and render final Washington, DC 20506. See 552b(c)(6) and 552b(c)(9)(b) of Title 5 decisions with respect to claims for SUPPLEMENTARY INFORMATION section for U.S.C., as amended. The closed sessions compensation of U.S. nationals, referred room numbers. will include review of personal and/or to the Commission by the Department of FOR FURTHER INFORMATION CONTACT: proprietary financial and commercial State pursuant to section 4(a)(1)(C) of Elizabeth Voyatzis, Committee information given in confidence to the the International Claims Settlement Act Management Officer, 400 7th Street agency by grant applicants, and of 1949, as amended, 22 U.S.C. SW., 4th Floor, Washington, DC 20506; discussion of certain information, the 1623(A)(1)(C). (202) 606–8322; [email protected]. premature disclosure of which could 5. An estimate of the total number of SUPPLEMENTARY INFORMATION: The significantly frustrate implementation of respondents and the amount of time National Council on the Humanities is proposed agency action. I have made

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this determination pursuant to the NATIONAL SCIENCE FOUNDATION DATES: November 1, 2013 to March authority granted me by the Chairman’s 31, 2017. Delegation of Authority to Close Notice of Permit Modification Received Under the Antarctic Conservation Act The permit modification was issued on Advisory Committee Meetings dated June 14, 2016. April 15, 2016. of 1978 Nadene G. Kennedy, Please note that individuals planning AGENCY: National Science Foundation. to attend the public sessions of the Polar Coordination Specialist, Division of Polar Programs. meeting are subject to security screening ACTION: Notice of permit modification procedures. If you wish to attend any of request received and permit issued [FR Doc. 2016–14419 Filed 6–17–16; 8:45 am] the public sessions, please inform NEH under the Antarctic Conservation Act of BILLING CODE 7555–01–P as soon as possible by contacting Ms. 1978, Public Law 95–541. Katherine Griffin at (202) 606–8322 or SUMMARY: [email protected]. Please also provide The National Science NUCLEAR REGULATORY advance notice of any special needs or Foundation (NSF) is required to publish COMMISSION accommodations, including for a sign a notice of requests to modify permits language interpreter. issued to conduct activities regulated Advisory Committee on Reactor and permits issued under the Antarctic Safeguards (ACRS); Meeting of the Dated: June 15, 2016. Conservation Act of 1978. NSF has ACRS Subcommittee on Planning and Elizabeth Voyatzis, published regulations under the Procedures; Notice of Meeting Committee Management Officer. Antarctic Conservation Act at Title 45 [FR Doc. 2016–14468 Filed 6–17–16; 8:45 am] Part 670 of the Code of Federal The ACRS Subcommittee on Planning and Procedures will hold a meeting on BILLING CODE 7536–01–P Regulations. This is the required notice of a requested permit modification and July 6, 2016, Room T–2B3, 11545 permit issued. Rockville Pike, Rockville, Maryland. The meeting will be open to public FOR FURTHER INFORMATION CONTACT: NATIONAL SCIENCE FOUNDATION attendance with the exception of a Nature McGinn, ACA Permit Officer, portion that may be closed pursuant to Division of Polar Programs, Rm. 755, President’s Committee on the National 5 U.S.C. 552b(c)(2) and (6) to discuss National Science Foundation, 4201 Medal of Science; Notice of Meeting organizational and personnel matters Wilson Boulevard, Arlington, VA 22230. that relate solely to the internal In accordance with the Federal Or by email: [email protected]. personnel rules and practices of the Advisory Committee Act (Pub. L. 92– SUPPLEMENTARY INFORMATION: The ACRS, and information the release of 463 as amended), the National Science Foundation issued a permit (ACA 2014– which would constitute a clearly Foundation announces the following 003) to Jennifer Burns on July 18, 2012. unwarranted invasion of personal meeting: The issued permit allows the applicant privacy. Name and Committee Code: to study the interaction of Weddell seal The agenda for the subject meeting President’s Committee on the National condition and the timing of molting and shall be as follows: Medal of Science (1182). reproduction. This involves capture, Date and Time: Friday, July 22, 2016, restrain, and sedation of adult female Wednesday, July 6, 2016—12:00 p.m. 9:00 a.m.–2:00 p.m.. seals, VHF and TDR/GPS tag Until 1:00 p.m. Place: National Science Foundation, deployments, and visual surveys. Pups The Subcommittee will discuss 4201 Wilson Boulevard, Arlington, VA of these females are flipper-tagged. proposed ACRS activities and related 22230. These permitted activities may take matters. The Subcommittee will gather Type of Meeting: Closed. place in ASPAs 121, 155, and 157 information, analyze relevant issues and Contact Person: Dr. Sherrie Green, amongst other areas in McMurdo facts, and formulate proposed positions Program Manager, Room 935, National Sound. Previous modifications, dated and actions, as appropriate, for Science Foundation, 4201 Wilson Blvd., December 2, 2014 and November 12, deliberation by the Full Committee. Arlington, VA 22230; Telephone: 703– 2015, covered changes to handling, Members of the public desiring to 292–4757. sampling, marking, and tagging methods provide oral statements and/or written Purpose of Meeting: To provide as allowed under NMFS MMPA permit comments should notify the Designated advice and recommendations to the #17411. Federal Official (DFO), Quynh Nguyen President in the selection of the 2015 Now the applicant proposes a permit (Telephone 301–415–5844 or Email: National Medal of Science recipients. modification to extend the expiration [email protected]) five days prior Agenda: To review and evaluate date of her ACA permit that currently to the meeting, if possible, so that nominations as part of the selection expires on February 28, 2017. This arrangements can be made. Thirty-five process for awards. modification will extend the time hard copies of each presentation or Reason for Closing: The nominations allowed to conduct the permitted handout should be provided to the DFO being reviewed include information of a activities until March 31, 2017. The thirty minutes before the meeting. In personal nature where disclosure would total number of takes and harassments addition, one electronic copy of each constitute unwarranted invasions of will not exceed those already allowed presentation should be emailed to the personal privacy. These matters are under both the ACA and NMFS MMPA DFO one day before the meeting. If an exempt under 5 U.S.C. 552b(c) and (6) permits. The extension is primarily to electronic copy cannot be provided of the Government in the Sunshine Act. allow for additional surveys. The within this timeframe, presenters Environmental Officer has reviewed the should provide the DFO with a CD Dated: June 15, 2016. modification request and has containing each presentation at least Crystal Robinson, determined that the amendment is not thirty minutes before the meeting. Committee Management Officer. a material change to the permit, and it Electronic recordings will be permitted [FR Doc. 2016–14496 Filed 6–17–16; 8:45 am] will have a less than a minor or only during those portions of the BILLING CODE 7555–01–P transitory impact. meeting that are open to the public.

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Detailed procedures for the conduct of Week of June 27, 2016—Tentative reasonable accommodation will be and participation in ACRS meetings made on a case-by-case basis. Tuesday, June 28, 2016 were published in the Federal Register * * * * * on October 21, 2015 (80 FR 63846). 9:30 a.m.—Briefing on Human Capital Members of the public may request to Information regarding changes to the and Equal Opportunity receive this information electronically. agenda, whether the meeting has been Employment (Public Meeting) If you would like to be added to the canceled or rescheduled, and the time (Contact: Kristin Davis: 301–287– distribution, please contact the Nuclear allotted to present oral statements can 0707) Regulatory Commission, Office of the be obtained by contacting the identified This meeting will be webcast live at Secretary, Washington, DC 20555 (301– DFO. Moreover, in view of the the Web address—http://www.nrc.gov/. 415–1969), or email possibility that the schedule for ACRS Week of July 4, 2016—Tentative [email protected] or meetings may be adjusted by the [email protected]. Chairman as necessary to facilitate the Thursday, July 7, 2016 Dated: June 16, 2016. conduct of the meeting, persons 9:30 a.m.—Strategic Programmatic planning to attend should check with Denise L. McGovern, Overview of the Reactors Operating the DFO if such rescheduling would Policy Coordinator, Office of the Secretary. Business Line (Public Meeting) result in a major inconvenience. [FR Doc. 2016–14697 Filed 6–16–16; 4:15 pm] (Contact: Trent Wertz: 301–415– If attending this meeting, please enter BILLING CODE 7590–01–P 1568) through the One White Flint North building, 11555 Rockville Pike, Week of July 11, 2016—Tentative POSTAL REGULATORY COMMISSION Rockville, MD. After registering with There are no meetings scheduled for security, please contact Mr. Theron the week of July 11, 2016. [Docket Nos. CP2016–202; CP2016–203; Brown (240–888–9835) to be escorted to CP2016–204; CP2016–205; CP2016–206; the meeting room. Week of July 18, 2016—Tentative CP2016–208; CP2016–209] Dated: June 9, 2016. Thursday, July 21, 2016 New Postal Products Mark L. Banks, 9:30 a.m.—Briefing on Project Aim Chief, Technical Support Branch, Advisory (Public Meeting) (Contact: Janelle AGENCY: Postal Regulatory Commission. Committee on Reactor Safeguards. Jessie: 301–415–6775) ACTION: Notice. [FR Doc. 2016–14485 Filed 6–17–16; 8:45 am] This meeting will be webcast live at BILLING CODE 7590–01–P SUMMARY: The Commission is noticing the Web address—http://www.nrc.gov/. recent Postal Service filings for the Week of July 25, 2016—Tentative Commission’s consideration concerning NUCLEAR REGULATORY negotiated service agreements. This COMMISSION Thursday, July 28, 2016 notice informs the public of the filing, 9:00 a.m.—Hearing on Combined invites public comment, and takes other [NRC–2016–0001] Licenses for Levy Nuclear Plant, administrative steps. Units 1 and 2: Section 189a. of the DATES: Comments are due: June 22, Sunshine Act Meeting Notice Atomic Energy Act Proceeding 2016 (Comment due date applies to all (Public Meeting) (Contact: Donald Docket Nos. listed above). DATE: June, 20, 27, July 4, 11, 18, 25, Habib: 301–415–1035) 2016. ADDRESSES: Submit comments * * * * * electronically via the Commission’s PLACE: Commissioners’ Conference The schedule for Commission Filing Online system at http:// Room, 11555 Rockville Pike, Rockville, meetings is subject to change on short www.prc.gov. Those who cannot submit Maryland. notice. For more information or to verify comments electronically should contact STATUS: Public and closed. the status of meetings, contact Denise the person identified in the FOR FURTHER Week of June 20, 2016 McGovern at 301–415–0681 or via email INFORMATION CONTACT section by at [email protected]. telephone for advice on filing Monday, June 20, 2016 * * * * * alternatives. 9:00 a.m.—Meeting with Department of The NRC Commission Meeting FOR FURTHER INFORMATION CONTACT: Energy Office of Nuclear Energy Schedule can be found on the Internet David A. Trissell, General Counsel, at (Public Meeting) (Contact: Albert at: http://www.nrc.gov/public-involve/ 202–789–6820. public-meetings/schedule.html. Wong: 301–415–3081) SUPPLEMENTARY INFORMATION: This meeting will be webcast live at * * * * * the Web address—http://www.nrc.gov/. The NRC provides reasonable Table of Contents accommodation to individuals with Thursday, June 23, 2016 I. Introduction disabilities where appropriate. If you II. Docketed Proceeding(s) 8:55 a.m.—Affirmation Session (Public need a reasonable accommodation to Meeting) (Tentative) participate in these public meetings, or I. Introduction Entergy Nuclear Vermont Yankee, need this meeting notice or the The Commission gives notice that the LLC and Entergy Nuclear transcript or other information from the Postal Service has filed request(s) for the Operations, Inc. (Vermont Yankee public meetings in another format (e.g. Commission to consider matters related Nuclear Power Station), Appeal of braille, large print), please notify to negotiated service agreement(s). The LBP–15–18 and Petition for Kimberly Meyer, NRC Disability requests(s) may propose the addition or Reconsideration of SRM–SECY–14– Program Manager, at 301–287–0739, by removal of a negotiated service 0125 (Tentative) videophone at 240–428–3217, or by agreement from the market dominant or 9:00 a.m. Discussion of Security Issues email at Kimberly.Meyer-Chambers@ the competitive product list, or the (Closed Ex. 3) nrc.gov. Determinations on requests for modification of an existing product

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currently appearing on the market Service of Filing a Functionally POSTAL REGULATORY COMMISSION dominant or the competitive product Equivalent Global Plus 1C Negotiated [Docket Nos. CP2016–199; CP2016–200; list. Service Agreement and Application for CP2016–201] Section II identifies the docket Non-Public Treatment of Materials Filed number(s) associated with each Postal Under Seal; Filing Acceptance Date: New Postal Products Service request, the title of each Postal June 14, 2016; Filing Authority: 39 AGENCY: Service request, the request’s acceptance U.S.C. 3642 and 39 CFR 3020.30 et seq.; Postal Regulatory Commission. date, and the authority cited by the Public Representative: Curtis E. Kidd; ACTION: Notice. Postal Service for each request. For each Comments Due: June 22, 2016. request, the Commission appoints an SUMMARY: The Commission is noticing officer of the Commission to represent 4. Docket No(s).: CP2016–205; Filing recent Postal Service filings for the the interests of the general public in the Title: Notice of the United States Postal Commission’s consideration concerning proceeding, pursuant to 39 U.S.C. 505 Service of Filing a Functionally negotiated service agreements. This (Public Representative). Section II also Equivalent Global Plus 1C Negotiated notice informs the public of the filing, establishes comment deadline(s) Service Agreement and Application for invites public comment, and takes other pertaining to each request. Non-Public Treatment of Materials Filed administrative steps. The public portions of the Postal Under Seal; Filing Acceptance Date: DATES: Comments are due: June 21, Service’s request(s) can be accessed via June 14, 2016; Filing Authority: 39 2016 (Comment due date applies to all the Commission’s Web site (http:// U.S.C. 3642 and 39 CFR 3020.30 et seq.; Docket Nos. listed above). www.prc.gov). Non-public portions of Public Representative: Kenneth R. ADDRESSES: Submit comments the Postal Service’s request(s), if any, Moeller; Comments Due: June 22, 2016. electronically via the Commission’s can be accessed through compliance Filing Online system at http:// with the requirements of 39 CFR 5. Docket No(s).: CP2016–206; Filing Title: Notice of the United States Postal www.prc.gov. Those who cannot submit 3007.40. comments electronically should contact The Commission invites comments on Service of Filing a Functionally the person identified in the FOR FURTHER whether the Postal Service’s request(s) Equivalent Global Plus 1C Negotiated INFORMATION CONTACT section by in the captioned docket(s) are consistent Service Agreement and Application for telephone for advice on filing with the policies of title 39. For Non-Public Treatment of Materials Filed alternatives. request(s) that the Postal Service states Under Seal; Filing Acceptance Date: concern market dominant product(s), June 14, 2016; Filing Authority: 39 FOR FURTHER INFORMATION CONTACT: applicable statutory and regulatory U.S.C. 3642 and 39 CFR 3020.30 et seq.; David A. Trissell, General Counsel, at requirements include 39 U.S.C. 3622, 39 Public Representative: Kenneth R. 202–789–6820. U.S.C. 3642, 39 CFR part 3010, and 39 Moeller; Comments Due: June 22, 2016. SUPPLEMENTARY INFORMATION: CFR part 3020, subpart B. For request(s) 6. Docket No(s).: CP2016–208; Filing Table of Contents that the Postal Service states concern competitive product(s), applicable Title: Notice of the United States Postal I. Introduction statutory and regulatory requirements Service of Filing a Functionally II. Docketed Proceeding(s) Equivalent Global Plus 1C Negotiated include 39 U.S.C. 3632, 39 U.S.C. 3633, I. Introduction 39 U.S.C. 3642, 39 CFR part 3015, and Service Agreement and Application for 39 CFR part 3020, subpart B. Comment Non-Public Treatment of Materials Filed The Commission gives notice that the deadline(s) for each request appear in Under Seal; Filing Acceptance Date: Postal Service has filed request(s) for the section II. June 14, 2016; Filing Authority: 39 Commission to consider matters related U.S.C. 3642 and 39 CFR 3020.30 et seq.; to negotiated service agreement(s). The II. Docketed Proceeding(s) Public Representative: Lyudmila Y. requests(s) may propose the addition or 1. Docket No(s).: CP2016–202; Filing Bzhilyanskaya; Comments Due: June 22, removal of a negotiated service Title: Notice of the United States Postal 2016. agreement from the market dominant or Service of Filing a Functionally the competitive product list, or the 7. Docket No(s).: CP2016–209; Filing Equivalent Global Plus 3 Negotiated modification of an existing product Title: Notice of the United States Postal Service Agreement and Application for currently appearing on the market Non-Public Treatment of Materials Filed Service of Filing a Functionally dominant or the competitive product Under Seal; Filing Acceptance Date: Equivalent Global Plus 1C Negotiated list. June 14, 2016; Filing Authority: 39 Service Agreement and Application for Section II identifies the docket U.S.C. 3642 and 39 CFR 3020.30 et seq.; Non-Public Treatment of Materials Filed number(s) associated with each Postal Public Representative: Katalin K. Under Seal; Filing Acceptance Date: Service request, the title of each Postal Clendenin; Comments Due: June 22, June 14, 2016; Filing Authority: 39 Service request, the request’s acceptance 2016. U.S.C. 3642 and 39 CFR 3020.30 et seq.; date, and the authority cited by the 2. Docket No(s).: CP2016–203; Filing Public Representative: Lyudmila Y. Postal Service for each request. For each Title: Notice of the United States Postal Bzhilyanskaya; Comments Due: June 22, request, the Commission appoints an Service of Filing a Functionally 2016. officer of the Commission to represent Equivalent Global Plus 1C Negotiated This notice will be published in the the interests of the general public in the Service Agreement and Application for Federal Register. proceeding, pursuant to 39 U.S.C. 505 Non-Public Treatment of Materials Filed (Public Representative). Section II also Under Seal; Filing Acceptance Date: Stacy L. Ruble, establishes comment deadline(s) June 14, 2016; Filing Authority: 39 Secretary. pertaining to each request. U.S.C. 3642 and 39 CFR 3020.30 et seq.; [FR Doc. 2016–14495 Filed 6–17–16; 8:45 am] The public portions of the Postal Public Representative: Curtis E. Kidd; Service’s request(s) can be accessed via BILLING CODE 7710–FW–P Comments Due: June 22, 2016. the Commission’s Web site (http:// 3. Docket No(s).: CP2016–204; Filing www.prc.gov). Non-public portions of Title: Notice of the United States Postal the Postal Service’s request(s), if any,

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can be accessed through compliance SECURITIES AND EXCHANGE The Commission finds that it is with the requirements of 39 CFR COMMISSION appropriate to designate a longer period 3007.40. within which to take action on the [Release No. 34–78063; File No. SR– proposed rule change so that it has The Commission invites comments on NASDAQ–2016–056] whether the Postal Service’s request(s) sufficient time to consider the proposed in the captioned docket(s) are consistent Self-Regulatory Organizations; The rule change. Accordingly, the with the policies of title 39. For NASDAQ Stock Market LLC; Notice of Commission, pursuant to Section 6 request(s) that the Postal Service states Designation of a Longer Period for 19(b)(2) of the Act, designates July 29, concern market dominant product(s), Commission Action on a Proposed 2016, as the date by which the Commission should either approve or applicable statutory and regulatory Rule Change, as Modified by disapprove or institute proceedings to requirements include 39 U.S.C. 3622, 39 Amendment No. 1 Thereto, Relating to determine whether to disapprove the U.S.C. 3642, 39 CFR part 3010, and 39 the Listing and Trading of the Shares proposed rule change (File Number SR– CFR part 3020, subpart B. For request(s) of the PowerShares Variable Rate NASDAQ–2016–056), as modified by that the Postal Service states concern Investment Grade Portfolio, a Series of the PowerShares Actively Managed Amendment No. 1 thereto. competitive product(s), applicable Exchange-Traded Fund Trust statutory and regulatory requirements For the Commission, by the Division of Trading and Markets, pursuant to delegated include 39 U.S.C. 3632, 39 U.S.C. 3633, June 14, 2016. authority.7 39 U.S.C. 3642, 39 CFR part 3015, and On April 13, 2016, the NASDAQ 39 CFR part 3020, subpart B. Comment Stock Market LLC (‘‘Exchange’’) filed Robert W. Errett, deadline(s) for each request appear in with the Securities and Exchange Deputy Secretary. section II. Commission (‘‘Commission’’), pursuant [FR Doc. 2016–14447 Filed 6–17–16; 8:45 am] to Section 19(b)(1) of the Securities BILLING CODE 8011–01–P II. Docketed Proceeding(s) Exchange Act of 1934 (‘‘Act’’) 1 and Rule 1. Docket No(s).: CP2016–199; Filing 19b–4 thereunder,2 a proposed rule Title: Notice of the United States Postal change to list and trade shares of the SECURITIES AND EXCHANGE Service of Filing a Functionally PowerShares Variable Rate Investment COMMISSION Equivalent Global Plus 1C Negotiated Grade Portfolio, a series of the PowerShares Actively Managed Service Agreement and Application for [Release No. 34–78061; File No. SR– Exchange-Traded Fund Trust. The Non-Public Treatment of Materials Filed BatsBZX–2016–22] proposed rule change was published for Under Seal; Filing Acceptance Date: comment in the Federal Register on Self-Regulatory Organizations; Bats June 13, 2016; Filing Authority: 39 May 2, 2016.3 On May 5, 2016, the BZX Exchange, Inc.; Notice of Filing U.S.C. 3642 and 39 CFR 3020.30–.35; Exchange filed Amendment No. 1 to the and Immediate Effectiveness of a Public Representative: Cassie D’Souza; proposed rule change.4 The Commission Proposed Rule Change Related to Fees Comments Due: June 21, 2016. received no comment letters on the as They Apply to the Equity Options 2. Docket No(s).: CP2016–200; Filing proposed rule change. Platform Title: Notice of the United States Postal Section 19(b)(2) of the Act 5 provides Service of Filing a Functionally that, within 45 days of the publication June 14, 2016. Equivalent Global Plus 1C Negotiated of notice of the filing of a proposed rule Pursuant to section 19(b)(1) of the Service Agreement and Application for change, or within such longer period up Securities Exchange Act of 1934 (the Non-Public Treatment of Materials Filed to 90 days as the Commission may ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Under Seal; Filing Acceptance Date: designate if it finds such longer period notice is hereby given that on June 1, June 13, 2016; Filing Authority: 39 to be appropriate and publishes its 2016, Bats BZX Exchange, Inc. (the U.S.C. 3642 and 39 CFR 3020.30–.35; reasons for so finding or as to which the ‘‘Exchange’’ or ‘‘BZX’’) filed with the Public Representative: Curtis E. Kidd; self-regulatory organization consents, Securities and Exchange Commission Comments Due: June 21, 2016. the Commission shall either approve the (‘‘Commission’’) the proposed rule proposed rule change, disapprove the 3. Docket No(s).: CP2016–201; Filing change as described in Items I, II and III proposed rule change, or institute below, which Items have been prepared Title: Notice of the United States Postal proceedings to determine whether the Service of Filing a Functionally by the Exchange. The Exchange has proposed rule change should be designated the proposed rule change as Equivalent Global Plus 1C Negotiated disapproved. The 45th day after one establishing or changing a member Service Agreement and Application for publication of the notice for this due, fee, or other charge imposed by the Non-Public Treatment of Materials Filed proposed rule change is June 16, 2016. Exchange under section 19(b)(3)(A)(ii) Under Seal; Filing Acceptance Date: The Commission is extending this 45- of the Act 3 and Rule 19b–4(f)(2) day time period. June 13, 2016; Filing Authority: 39 thereunder,4 which renders the U.S.C. 3642 and 39 CFR 3020.30–.35; proposed rule change effective upon Public Representative: Curtis E. Kidd; 1 15 U.S.C. 78s(b)(1). 2 filing with the Commission. The Comments Due: June 21, 2016. 17 CFR 240.19b–4. Commission is publishing this notice to 3 See Securities Exchange Act Release No. 77715 This notice will be published in the (April 26, 2016), 81 FR 26285. solicit comments on the proposed rule Federal Register. 4 In Amendment No. 1, the Exchange amended change from interested persons. certain representations regarding the holdings of the Stacy L. Ruble, Fund, made numerous technical and clarifying 6 15 U.S.C. 78s(b)(2). changes, and added where closing price Secretary. 7 information for certain assets held by the Fund 17 CFR 200.30–3(a)(31). [FR Doc. 2016–14457 Filed 6–17–16; 8:45 am] could be found. Amendment No. 1 is available at: 1 15 U.S.C. 78s(b)(1). 2 BILLING CODE 7710–FW–P http://www.sec.gov/comments/sr-nasdaq-2016-056/ 17 CFR 240.19b–4. nasdaq2016056-1.pdf. 3 15 U.S.C. 78s(b)(3)(A)(ii). 5 15 U.S.C. 78s(b)(2). 4 17 CFR 240.19b–4(f)(2).

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I. Self-Regulatory Organization’s code PC and are assessed a standard fee Market Maker orders equal to or greater Statement of the Terms of Substance of of $0.48 per contract. The Exchange is than 0.30% of average TCV. the Proposed Rule Change proposing to increase the standard fee Pursuant to Customer Add Volume The Exchange filed a proposal to for Customer orders that remove Tier 6, the Exchange currently provides amend the fee schedule applicable to liquidity in Penny Pilot Securities from an enhanced rebate of $0.53 per contract Members 5 and non-members of the $0.48 to $0.49 per contract. In addition for executions of orders yielding fee Exchange pursuant to BZX Rules 15.1(a) to the modification to the Fee Codes and code PY where a Member has an ADAV and (c). Associated Fees table, the Exchange in Customer orders equal to or greater The text of the proposed rule change proposes to update the Standard Rates than 1.60% of average TCV. The is available at the Exchange’s Web site table of the fee schedule to reflect this Exchange proposes to reduce the at www.batstrading.com, at the change. qualifying criteria for Customer Add principal office of the Exchange, and at Tiered Pricing Changes Volume Tier 6 and to provide a rebate the Commission’s Public Reference of $0.53 for any Member with an ADAV Room. The Exchange currently offers in Customer orders equal to or greater multiple tiers that provide either a than 1.30% of average TCV. II. Self-Regulatory Organization’s reduced fee or an enhanced rebate for The Exchange notes that no changes Statement of the Purpose of, and Members that reach certain volume are required to the Standard Rates table Statutory Basis for, the Proposed Rule thresholds. The Exchange proposes of the fee schedule in connection with Change various modifications to its tiered the changes to footnote 1. In its filing with the Commission, the pricing structure, as set forth below. Exchange included statements Firm, Broker Dealer and Joint Back concerning the purpose of and basis for Customer Penny Pilot Add Tiers Office Penny Pilot Add Volume Tiers the proposed rule change and discussed 11 12 Customer orders that add liquidity on Firm, Broker Dealer, and Joint any comments it received on the 13 the Exchange in Penny Pilot Securities Back Office orders that add liquidity proposed rule change. The text of these yield fee code PY and receive a standard on the Exchange in Penny Pilot statements may be examined at the rebate of $0.25 per contract. In addition, Securities yield fee code PF and receive places specified in Item IV below. The footnote 1 of the fee schedule currently a standard rebate of $0.36 per contract. Exchange has prepared summaries, set sets forth eight different types of In addition, footnote 2 of the fee forth in sections A, B, and C below, of Customer Penny Pilot Add Tiers, each schedule currently sets forth four the most significant parts of such providing an enhanced rebate to a different types of Firm, Broker Dealer statements. Member’s Customer orders that yield fee and Joint Back Office Penny Pilot Add (A) Self-Regulatory Organization’s code PY upon satisfying monthly Volume Tiers, each providing an Statement of the Purpose of, and volume criteria required by the enhanced rebate to a Member’s orders Statutory Basis for, the Proposed Rule respective tier. that yield fee code PF upon satisfying Change monthly volume criteria required by the The Exchange proposes to amend respective tier. 1. Purpose Customer Add Volume Tier 5 to increase the rebate provided and to The Exchange proposes to eliminate The Exchange proposes to modify its reduce the qualification criteria for the Firm, Broker Dealer, and Joint Back fee schedule applicable to the tier. Specifically, the Exchange proposes Office Penny Pilot Add Volume Tiers 1 Exchange’s equity options platform to modify Customer Add Volume Tier 5 and 2 under footnote 2, which currently (‘‘BZX Options’’) to: (1) Modify the to provide a rebate of $0.53 per contract provide Members with rebate of $0.40 standard fee for Customer 6 orders that instead of $0.52 per contract for all per contract and $0.42 per contract, remove liquidity in Penny Pilot executions of orders that yield PY for respectively, for Firm, Broker Dealer, Securities 7; (2) modify and delete qualifying Members. In order to qualify and Joint Back Office orders that add several tiers pursuant to the Exchange’s for Customer Add Volume Tier 5, the liquidity in Penny Pilot Securities tiered pricing structure; and (3) modify Exchange currently requires a Member where the Member meets applicable the Exchange’s routing fees, as further criteria. In connection with this change, to: (1) Have an ADAV 8 in Customer described below. the Exchange proposes to rename Tier 3 orders equal to or greater than 0.80% of under footnote 2 as Tier 1. Customer Orders That Remove Liquidity average TCV; 9 and (2) have an ADAV in in Penny Pilot Securities Market Maker 10 orders equal to or In addition to the modifications to footnote 2, the Exchange proposes to The Exchange is proposing to modify greater than 0.40% of average TCV. In addition to the increase rebate for update the Standard Rates table of the the standard fee for Customer orders fee schedule to reflect these changes. that remove liquidity in Penny Pilot Customer Add Volume Tier 5, the Securities. Such orders, when executed Exchange proposes to reduce the second 11 The term ‘‘Firm’’ applies to any transaction on the Exchange, currently yield fee prong of the qualifying criteria to require a Member to have an ADAV in identified by a Member for clearing in the Firm range at the OCC, excluding any Joint Back Office 5 The term ‘‘Member’’ is defined as ‘‘any transaction. registered broker or dealer that has been admitted 8 ‘‘ADAV’’ means average daily volume calculated 12 The term ‘‘Broker Dealer’’ applies to any order to membership in the Exchange.’’ See Exchange as the number of contracts added per day. for the account of a broker dealer, including a Rule 1.5(n). 9 ‘‘TCV’’ means total consolidated volume foreign broker dealer, that clears in the Customer 6 The term ‘‘Customer’’ applies to any transaction calculated as the volume reported by all exchanges range at the OCC. identified by a Member for clearing in the Customer to the consolidated transaction reporting plan for 13 The term ‘‘Joint Back Office’’ applies to any range at the Options Clearing Corporation (‘‘OCC’’), the month for which the fees apply. transaction identified by a Member for clearing in excluding any transaction for a Broker Dealer or a 10 The term ‘‘Market Maker’’ applies to any the Firm range at the OCC that is identified with ‘‘Professional’’ as defined in Exchange Rule 16.1. transaction identified by a Member for clearing in an origin code as Joint Back Office. A Joint Back 7 The term ‘‘Penny Pilot Security’’ applies to the Market Maker range at the OCC, where such Office participant is a Member that maintains a those issues that are quoted pursuant to Exchange Member is registered with the Exchange as a Market Joint Back Office arrangement with a clearing Rule 21.5, Interpretation and Policy .01. Maker as defined in Rule 16.1(a)(37). broker-dealer.

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Non-Customer Penny Pilot Take Volume Member with an ADAV in Customer options exchanges in Non-Penny Tiers orders equal to or greater than 1.30% of Securities, as further described below. Non-Customer 14 orders that remove average TCV. With respect to Non-Customer orders liquidity from the Exchange in Penny In addition to the modifications to in Non-Penny Pilot Securities, the Pilot Securities yield fee code PP and footnote 3, the Exchange proposes to Exchange appends fee code RO to all are charged a standard fee of $0.50 per update the Standard Rates table of the such orders routed to and executed at contract. In addition, footnote 3 of the fee schedule to reflect these changes. other options exchanges. Pursuant to fee code RO, the Exchange charges a fee of fee schedule currently sets forth four Non-Customer Non-Penny Pilot Take $1.20 per contract. The Exchange different types of Non-Customer Penny Volume Tier proposes to increase this fee from $1.20 Pilot Take Volume Tiers, each providing Non-Customer orders that remove a reduced fee to a Member’s Non- per contract to $1.25 per contract to liquidity from the Exchange in Non- account for additional Routing Costs Customer orders that yield fee code PP Penny Pilot Securities 15 yield fee code upon satisfying monthly volume criteria incurred by the Exchange. NP and are charged a standard fee of With respect to Customer orders in required by the respective tier. $0.99 per contract. In addition, footnote The Exchange proposes to eliminate Non-Penny Pilot Securities the 13 of the fee schedule currently sets Non-Customer Take Volume Tier 1 Exchange applies one of two fee codes: forth a Non-Customer Non-Penny Pilot under footnote 3, which currently (1) Fee code RP, which results in a fee Take Volume Tier that provides a results in a fee to Members of $0.49 per of $0.25 per contract and applies to all reduced fee of $0.95 per contract to a contract for Non-Customer orders that Customer orders (including orders in remove liquidity in Penny Pilot Member’s Non-Customer orders that Penny Pilot Securities) routed to and Securities where the Member meets yield fee code NP upon satisfying executed at AMEX, BOX, BX Options, applicable criteria. In connection with monthly volume criteria required by the CBOE, EDGX Options, ISE Mercury, this change, the Exchange proposes to tier. The Exchange proposes to MIAX or PHLX; or (2) fee code RR, rename Tier 2 through 4 under footnote eliminate the Non-Customer Non-Penny which results in a fee of $0.90 per 3 as Tiers 1 through 3. Pilot Take Volume Tier. Thus, the contract and applies to all Customer The Exchange also proposes to amend Exchange proposes to remove footnote orders in Non-Penny Pilot Securities current Non-Customer Take Volume 13 in its entirety as well as the reference routed to and executed at ARCA, C2, Tier 2 (to be re-numbered as Non- to footnote 13 appended to fee code NP. ISE, ISE Gemini or NOM. The Exchange Customer Take Volume Tier 1) to reduce In addition to the elimination of proposes to increase the fee under fee the fee charged to qualifying Members footnote 13, the Exchange proposes to code RR from $0.90 per contract to under such tier as well as to reduce the update the Standard Rates table of the $1.00 per contract to account for qualification criteria for the tier. fee schedule to reflect this change. additional Routing Costs incurred by the Specifically, the Exchange proposes to Routing Fees Exchange. The Exchange does not modify current Non-Customer Take propose any change to fee code RP. The Exchange proposes to modify the Volume Tier 2 to charge a fee of $0.44 As set forth above, the Exchange’s fees charged for orders routed away per contract instead of $0.47 per proposed approach to routing fees is to from the Exchange and executed at contract for all executions of orders that set forth in a simple manner certain flat various away options exchanges.16 The yield fee code PP for qualifying fees that approximate the cost of routing Exchange currently charges flat rate Members. In order to qualify for current to other options exchanges. The Non-Customer Take Volume Tier 2, the routing fees for executions at away Exchange then monitors the fees Exchange currently requires a Member options exchanges that have been charged as compared to the costs of its to: (1) Have an ADAV in Customer placed into groups based on the routing services, as well as monitoring orders equal to or greater than 0.80% of approximate cost of routing to such for specific fee changes by other options average TCV; and (2) have an ADAV in venues. The grouping of away options exchanges, and intends to adjust its flat Market Maker orders equal to or greater exchanges is based on the cost of routing fees and/or groupings to ensure than 0.40% of average TCV. In addition transaction fees assessed by each venue that the Exchange’s fees do indeed to the reduced fee for current Non- as well as costs to the Exchange for result in a rough approximation of Customer Take Volume Tier 2, the routing (i.e., clearing fees, connectivity overall Routing Costs, and are not Exchange proposes to reduce the second and other infrastructure costs, significantly higher or lower in any area. prong of the qualifying criteria to membership fees, etc.) (collectively, The increases are proposed primarily in require a Member to have an ADAV in ‘‘Routing Costs’’). To address different order to account for increased Routing Market Maker orders equal to or greater fees at various other options exchanges, Costs incurred by the Exchange. than 0.30% of average TCV. the Exchange proposes to increase fees Implementation Date Pursuant to current Non-Customer applicable to routing to certain away Take Volume Tier 4 (to be re-numbered The Exchange proposes to implement as Non-Customer Take Volume Tier 3), 15 The term ‘‘Non-Penny Pilot Security’’ applies these amendments to its fee schedule to those issues that are not Penny Pilot Securities immediately. the Exchange currently charges a quoted pursuant to Exchange Rule 21.5, reduced fee of $0.46 per contract for Interpretation and Policy .01. 2. Statutory Basis executions of orders yielding fee code 16 Other options exchanges to which the PP where a Member has an ADAV in Exchange routes include: Bats EDGX Exchange, Inc. The Exchange believes that the Customer orders equal to or greater than (‘‘EDGX Options’’), BOX Options Exchange LLC proposed rule change is consistent with (‘‘BOX’’), Chicago Board Options Exchange, Inc. the requirements of the Act and the 1.60% of average TCV. The Exchange (‘‘CBOE’’), C2 Options Exchange, Inc. (‘‘C2’’), proposes to further reduce both the fee International Securities Exchange, Inc. (‘‘ISE’’), ISE rules and regulations thereunder that and qualifying criteria for current Non- Gemini, LLC (‘‘ISE Gemini’’), ISE Mercury, LLC are applicable to a national securities Customer Take Volume Tier 4 to instead (‘‘ISE Mercury’’), Miami International Securities exchange, and, in particular, with the Exchange, LLC (‘‘MIAX’’), Nasdaq Options Market requirements of section 6 of the Act.17 charge a fee of $0.44 per contract for any LLC (‘‘NOM’’), Nasdaq OMX BX LLC (‘‘BX Options’’), Nasdaq OMX PHLX LLC (‘‘PHLX’’), Specifically, the Exchange believes that 14 The term ‘‘Non-Customer’’ applies to any NYSE Arca, Inc. (‘‘ARCA’’), and NYSE MKT LLC transaction that is not a Customer order. (‘‘AMEX’’). 17 15 U.S.C. 78f.

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the proposed rule change is consistent The proposed modifications to the simplified and easy to understand with section 6(b)(4) of the Act,18 in that criteria required to qualify for current pricing model. The Exchange believes it provides for the equitable allocation Customer Add Volume Tiers 5 and 6 that a pricing model based on of reasonable dues, fees and other and Non-Customer Take Volume Tiers 2 approximate Routing Costs is a charges among members and other and 4 are intended to incentivize reasonable, fair and equitable approach persons using any facility or system additional Members to send Customer to pricing. Specifically, the Exchange which the Exchange operates or orders and/or Market Maker orders to believes that its proposal to modify fees controls. The Exchange notes that it the Exchange in an effort to qualify for is fair, equitable and reasonable because operates in a highly competitive market the enhanced rebate or lower fee made the fees are generally an approximation in which market participants can available by the tiers. Similarly, the of the cost to the Exchange for routing readily direct order flow to competing increase to the rebate provided for orders to such exchanges. The Exchange venues if they deem fee levels to be Members that qualify for Customer Add believes that its flat fee structure for excessive. Volume Tier 5 and the reduction of the orders routed to various venues is a fair The Exchange believes that its fees charged to Members that qualify for and equitable approach to pricing, as it proposal to change the standard fee Non-Customer Take Volume Tiers 2 and will provide certainty with respect to charged for Customer orders that 4 are intended to incentivize additional execution fees at groups of away options remove liquidity in Penny Pilot Members to send Customer orders and/ exchanges. In order to achieve its flat fee Securities under fee code PC from $0.48 or Market Maker orders to the Exchange. structure, taking all costs to the to $0.49 per contract is reasonable, fair In order to offset such changes, the Exchange into account, the Exchange and equitable and non-discriminatory, Exchange is also eliminating certain will in some instances charge a higher because the change will apply equally to other pricing incentives currently premium to route to certain options all participants, and because, while the offered by the Exchange. Particularly, exchanges than to others. As a general change marks an increase in fees for the Exchange has proposed to eliminate matter, the Exchange believes that the Customer orders in Penny Pilot Non-Customer Take Volume Tier 1, proposed fees will allow it to recoup Securities, such proposed fees remain Firm, Broker Dealer, and Joint Back and cover its costs of providing routing consistent with pricing previously Office Penny Pilot Add Volume Tiers 1 services to such exchanges and to make offered by the Exchange as well as and 2, and the Non-Customer Non- some additional profit in exchange for competitors of the Exchange and does Penny Pilot Take Volume Tier. the services it provides. The Exchange not represent a significant departure Although these changes will result in also believes that the proposed increase from the Exchange’s general pricing fewer ways to qualify for enhanced to the fee structure for orders routed to structure and will allow the Exchange to rebates or reduced fees, the Exchange and executed at these away options earn additional revenue that can be used believes such changes are offset by the exchanges is fair and equitable and not to offset the addition of new pricing other changes described above, unreasonably discriminatory in that it incentives, including those introduced particularly the reduction of certain applies equally to all Members. Finally, as part of this proposal. criteria needed to qualify for remaining the Exchange notes that it intends to Further, the Exchange believes that tiers. consistently evaluate its routing fees, the proposed modifications to the tiered The proposed changes are broadly including profit and loss attributable to pricing structure are reasonable, fair and intended to incentivize participants to routing, as applicable, in connection equitable, and non-discriminatory. The increase their participation on the with the operation of a flat fee routing Exchange operates in a highly Exchange, which will increase the service, and would consider future competitive market in which market liquidity and market quality on the adjustments to the proposed pricing participants may readily send order Exchange. Thus, the Exchange believes structure to the extent it was recouping flow to many competing venues if they that the proposed tiers, as proposed to a significant profit or loss from routing deem fees at the Exchange to be be amended are reasonable, fair and to away options exchanges. excessive. The proposed fee structure equitable, and non-discriminatory, for remains intended to attract order flow to the reasons set forth above with respect (B) Self-Regulatory Organization’s the Exchange by offering market to volume-based pricing generally and Statement on Burden on Competition participants a competitive pricing because such changes will incentivize The Exchange believes the proposed structure. The Exchange believes it is participants to further contribute to amendments to its fee schedule would reasonable to offer and incrementally market quality. The Exchange also not impose any burden on competition modify incentives intended to help to believes that the tiered pricing structure that is not necessary or appropriate in contribute to the growth of the remains consistent with pricing furtherance of the purposes of the Act. Exchange. previously offered by the Exchange as Rather, the proposal is a competitive Volume-based rebates such as those well as other options exchanges and proposal that is seeking to sustain and currently maintained on the Exchange does not represent a significant further the growth of the Exchange by have been widely adopted by options departure from such pricing structures. updating a standard fee as well as the exchanges and are equitable because With respect to the proposed Exchange’s tiered pricing structure and they are open to all Members on an increases under the Exchange’s routing updating the Exchange’s fees for routing equal basis and provide additional structure, the Exchange again notes that orders to away options exchanges based benefits or discounts that are reasonably it operates in a highly competitive on Routing Costs. related to the value of an exchange’s market in which market participants can With respect to the increase to the market quality associated with higher readily direct order flow to competing standard Customer fee to remove levels of market activity, such as higher venues or providers of routing services liquidity in Penny Pilot Securities, the levels of liquidity provision and/or if they deem fee levels to be excessive. Exchange does not believe that the growth patterns, and introduction of As explained above, the Exchange seeks increase represents a significant higher volumes of orders into the price to approximate the cost of routing to departure from pricing previously and volume discovery processes. other options exchanges, including offered by the Exchange nor does the other applicable costs to the Exchange Exchange believe that the increase 18 15 U.S.C. 78f(b)(4). for routing, in order to provide a results in any burden on competition.

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Additionally, Members may opt to (C) Self-Regulatory Organization’s proposed rule change between the disfavor the Exchange’s pricing if they Statement on Comments on the Commission and any person, other than believe that alternatives offer them Proposed Rule Change Received From those that may be withheld from the better value. Members, Participants or Others public in accordance with the With respect to the proposed tiered The Exchange has not solicited, and provisions of 5 U.S.C. 552, will be pricing changes, the Exchange has does not intend to solicit, comments on available for Web site viewing and structured the proposed fees and rebates this proposed rule change. The printing in the Commission’s Public to attract additional volume to the Exchange has not received any written Reference Room, 100 F Street NE., Exchange. Particularly, the Exchange is comments from members or other Washington, DC 20549, on official proposing various changes to tiers that interested parties. business days between the hours of will result in increased rebates provided III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of such or reduced fees charged or that will Proposed Rule Change and Timing for filing will also be available for make certain tiers more easily attainable Commission Action inspection and copying at the principal for more Members. In order to offset office of the Exchange. All comments The foregoing rule change has become received will be posted without change; such changes, the Exchange is also effective pursuant to section 19(b)(3)(A) the Commission does not edit personal eliminating certain other pricing of the Act 20 and paragraph (f) of Rule identifying information from incentives currently offered by the 19b–4 thereunder.21 At any time within Exchange. Accordingly, the Exchange 60 days of the filing of the proposed rule submissions. You should submit only does not believe that the proposed change, the Commission summarily may information that you wish to make changes to the Exchange’s tiered pricing temporarily suspend such rule change if available publicly. All submissions structure burdens competition, but it appears to the Commission that such should refer to File Number SR– instead, enhances competition as such action is necessary or appropriate in the BatsBZX–2016–22 and should be submitted on or before July 11, 2016. changes are all intended to increase the public interest, for the protection of competitiveness of the Exchange. Also, investors, or otherwise in furtherance of For the Commission, by the Division of the Exchange believes that the price the purposes of the Act. Trading and Markets, pursuant to delegated 22 changes contribute to, rather than IV. Solicitation of Comments authority. Robert W. Errett, burden competition, as such changes are Interested persons are invited to broadly intended to incentivize submit written data, views, and Deputy Secretary. participants to increase their arguments concerning the foregoing, [FR Doc. 2016–14445 Filed 6–17–16; 8:45 am] participation on the Exchange, which including whether the proposed rule BILLING CODE 8011–01–P will increase the liquidity and market change is consistent with the Act. quality on the Exchange, which will Comments may be submitted by any of then further enhance the Exchange’s the following methods: SECURITIES AND EXCHANGE ability to compete with other exchanges. COMMISSION Electronic Comments With respect to the proposed changes • to the routing fee structure, the Use the Commission’s Internet [Release No. 34–78065; File No. SR– comment form (http://www.sec.gov/ Exchange believes that the proposed NYSEArca–2016–85] rules/sro.shtml); or fees are competitive in that they will • Send an email to rule- Self-Regulatory Organizations; NYSE continue to provide a simple approach [email protected]. Please include File to routing pricing that some Members Arca, Inc.; Notice of Filing and Number SR–BatsBZX–2016–22 on the Immediate Effectiveness of Proposed may favor. Additionally, Members may subject line. opt to disfavor the Exchange’s pricing, Rule Change Amending the NYSE Arca including pricing for transactions on the Paper Comments Equities Schedule of Fees and Exchange as well as routing fees, if they • Send paper comments in triplicate Charges for Exchange Services believe that alternatives offer them to Secretary, Securities and Exchange June 14, 2016. better value. In particular, with respect Commission, 100 F Street NE., 1 to routing services, such services are Washington, DC 20549–1090. Pursuant to section 19(b)(1) of the available to Members from other broker- All submissions should refer to File Securities Exchange Act of 1934 (the 2 3 dealers as well as other options Number SR–BatsBZX–2016–22. This file ‘‘Act’’) and Rule 19b–4 thereunder, exchanges. The Exchange also notes that number should be included on the notice is hereby given that, on June 1, 2016, NYSE Arca, Inc. (the ‘‘Exchange’’ Members may choose to mark their subject line if email is used. To help the or ‘‘NYSE Arca’’) filed with the orders as ineligible for routing to avoid Commission process and review your Securities and Exchange Commission incurring routing fees.19 comments more efficiently, please use only one method. The Commission will (the ‘‘Commission’’) the proposed rule Based on the foregoing, the Exchange post all comments on the Commission’s change as described in Items I, II, and does not believe that any of the Internet Web site (http://www.sec.gov/ III below, which Items have been proposed changes will impair the ability rules/sro.shtml). Copies of the prepared by the self-regulatory of Members or competing venues to submission, all subsequent organization. The Commission is maintain their competitive standing in amendments, all written statements publishing this notice to solicit the financial markets. with respect to the proposed rule comments on the proposed rule change change that are filed with the from interested persons. 19 See Exchange Rule 21.1(d)(7) (describing ‘‘Book Commission, and all written Only’’ orders) and Exchange Rule 21.9(a)(1) communications relating to the 22 17 CFR 200.30–3(a)(12). (describing the Exchange’s routing process, which 1 15 U.S.C. 78s(b)(1). requires orders to be designated as available for 20 15 U.S.C. 78s(b)(3)(A). 2 15 U.S.C. 78a. routing). 21 17 CFR 240.19b–4(f). 3 17 CFR 240.19b–4.

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I. Self-Regulatory Organization’s The Exchange proposes to permit ETP and credits. The Exchange believes that Statement of the Terms of the Substance Holders and Market Makers to the proposal to utilize a lower of the Proposed Rule Change alternatively qualify for Tier 2 fees and requirement of an ETP Holder or Market credits if they provide liquidity of Maker providing liquidity of 0.10% or The Exchange proposes to amend the 0.10% or more of the US CADV per more of US CADV, rather than 0.30% or NYSE Arca Equities Schedule of Fees month, and are affiliated with an OTP more of US CADV, is reasonable and Charges for Exchange Services (the Holder or OTP Firm that provides an because to qualify for the proposed ‘‘Fee Schedule’’) to provide a second ADV of electronic posted Customer and alternative an ETP Holder or Market way to qualify for Tier 2 fees and credits Professional Customer executions in all Maker would also be required to be for orders executed on the Exchange. issues on NYSE Arca Options affiliated with an OTP Holder or OTP The Exchange proposes to implement (excluding mini options) of at least Firm and in addition, the ETP Holder’s the fee change effective June 1, 2016. 1.50% of total Customer equity and ETF and Market Maker’s affiliated OTP The proposed rule change is available option ADV as reported by The Options Holder or OTP Firm would be required on the Exchange’s Web site at Clearing Corporation (‘‘OCC’’).6 The to provide an ADV of electronic posted www.nyse.com, at the principal office of Exchange is not proposing to change the Customer and Professional Customer the Exchange, and at the Commission’s level of fees and credits applicable to executions in all issues on NYSE Arca Public Reference Room. Tier 2. The purpose of the proposed rule Options (excluding mini options) of at II. Self-Regulatory Organization’s change is to adopt an alternative method least 1.50% of total Customer equity and Statement of the Purpose of, and for ETP Holders and Market Makers to ETF option ADV as reported by OCC. Statutory Basis for, the Proposed Rule qualify for Tier 2 fees and credits. The The Exchange believes that expanding Change Exchange believes that the proposal the basis for Tier 2 to include Customer would create an added incentive for equity and ETF options ADV will better In its filing with the Commission, the ETP Holders and Market Makers to reflect the correlation between options self-regulatory organization included bring additional order flow to a public trading and the underlying securities, statements concerning the purpose of, market while also providing an which trade at the Exchange, including and basis for, the proposed rule change alternative method for ETP Holders and ETFs. In this respect, the Exchange and discussed any comments it received Market Makers to qualify for Tier 2 fees notes that Equity and ETF Customer on the proposed rule change. The text and credits. The Exchange notes that volume is a widely followed benchmark of those statements may be examined at Bats BZX Exchange (‘‘BZX’’) also of industry volume and is indicative of the places specified in Item IV below. provides pricing that combines a industry market share. The Exchange The Exchange has prepared summaries, participant’s equities and options believes that the proposal is equitable set forth in sections A, B, and C below, trading on that exchange.7 and not unfairly discriminatory because of the most significant parts of such The proposed changes are not all ETP Holders and Market Makers statements. otherwise intended to address any other would be subject to the same fee A. Self-Regulatory Organization’s problem, and the Exchange is not aware structure and be offered the same Statement of the Purpose of, and of any significant problem that the alternative to qualifying for Tier 2 fees Statutory Basis for, the Proposed Rule affected market participants would have and credits. Moreover, Tier 2 fees and Change in complying with the proposed credits would be available for all ETP changes. Holders and Market Makers to satisfy, 1. Purpose 2. Statutory Basis including those that are not affiliated The Exchange proposes to amend the with an NYSE Arca Options OTP Holder Fee Schedule to provide a second way The Exchange believes that the or OTP Firm. ETP Holders and Market to qualify for Tier 2 fees and credits for proposed rule change is consistent with Makers that are not affiliated with an orders executed on the Exchange.4 The section 6(b) of the Act,8 in general, and NYSE Arca Options OTP Holder or OTP Exchange proposes to implement the fee furthers the objectives of sections 6(b)(4) Firm would continue to be eligible for change effective June 1, 2016. and 6(b)(5) of the Act,9 in particular, Tier 2 fees and credits subject to their Currently, ETP Holders and Market because it provides for the equitable meeting the current requirements. Makers qualify for Tier 2 fees and allocation of reasonable dues, fees, and Further, the Exchange believes that credits by providing liquidity an average other charges among its members, the proposal is reasonable and would daily share volume per month of 0.30% issuers and other persons using its create an added incentive for ETP or more, but less than 0.70% of United facilities and does not unfairly Holders and Market Makers to execute States consolidated average daily discriminate between customers, additional orders on the Exchange. The volume (‘‘US CADV’’).5 issuers, brokers or dealers. Exchange believes that the proposed The Exchange believes that the change is equitable and not unfairly proposal to amend Tier 2 is reasonable 4 discriminatory because providing The Tier 2 fees and credits are available for because it provides ETP Holders round lots and odd lots with a per share price [sic] incentives for orders in exchange-listed $1.00 or above. affiliated with an NYSE Arca Options securities that are executed on a 5 The Exchange proposes to use the same OTP Holder or OTP Firm with an registered national securities exchange definition [sic] US CADV for purposes of the additional way to qualify for Tier 2 fees proposed alternative to qualifying for Tier 2. (rather than relying on certain available Specifically, US CADV would mean the United off-exchange execution methods) would 6 The proposed change is similar to pricing tiers States Consolidated Average Daily Volume for contribute to investors’ confidence in transactions reported to the Consolidated Tape, currently in place on the Exchange. The Exchange’s excluding odd lots through January 31, 2014 (except Cross Asset Tier 1 and Cross Asset Tier 2 already the fairness of their transactions and for purposes of Lead Market Maker pricing), and provide for fees and credits based on liquidity would benefit all investors by excludes volume on days when the market closes provided by an affiliated OTP Holder or OTP Firm. deepening the Exchange’s liquidity See Fee Schedule. early and on the date of the annual reconstitution pool, supporting the quality of price of the Russell Investments Indexes. Transactions 7 See BZX Fee Schedule at http://www.bats.com/ _ that are not reported to the Consolidated Tape are us/equities/membership/fee schedule/bzx/. discovery, promoting market not included in US CADV. See Fee Schedule, 8 15 U.S.C. 78f(b). transparency and improving investor footnote 3. 9 15 U.S.C. 78f(b)(4) and (5). protection.

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Volume-based rebates and fees such with other exchanges and with Electronic Comments as the ones currently in place on the alternative trading systems that have • Exchange, and as proposed herein, have been exempted from compliance with Use the Commission’s Internet been widely adopted in the cash the statutory standards applicable to comment form (http://www.sec.gov/ equities markets and are equitable exchanges. Because competitors are free rules/sro.shtml); or because they are open to all ETP to modify their own fees and credits in • Send an email to rule- Holders and Market Makers on an equal response, and because market [email protected]. Please include File basis and provide additional benefits or participants may readily adjust their Number SR–NYSEArca–2016–85 on the discounts that are reasonably related to order routing practices, the Exchange subject line. the value to an exchange’s market believes that the degree to which fee quality associated with higher levels of changes in this market may impose any Paper Comments market activity, such as higher levels of burden on competition is extremely • liquidity provision and/or growth limited. As a result of all of these Send paper comments in triplicate patterns, and introduction of higher considerations, the Exchange does not to Brent J. Fields, Secretary, Securities volumes of orders into the price and believe that the proposed changes will and Exchange Commission, 100 F Street volume discovery processes. Further, impair the ability of ETP Holders or NE., Washington, DC 20549–1090. the Exchange believes that the proposed competing order execution venues to amendment to Tier 2 will provide such All submissions should refer to File maintain their competitive standing in Number SR–NYSEArca–2016–85. This enhancements in market quality on both the financial markets. the Exchange’s equity market and file number should be included on the options market by incentivizing C. Self-Regulatory Organization’s subject line if email is used. To help the increased participation on both Statement on Comments on the Commission process and review your platforms. Proposed Rule Change Received From comments more efficiently, please use The Exchange believes that it is Members, Participants, or Others only one method. The Commission will subject to significant competitive forces, post all comments on the Commission’s as described below in the Exchange’s No written comments were solicited Internet Web site (http://www.sec.gov/ statement regarding the burden on or received with respect to the proposed rules/sro.shtml). Copies of the competition. rule change. submission, all subsequent For the foregoing reasons, the III. Date of Effectiveness of the amendments, all written statements Exchange believes that the proposal is Proposed Rule Change and Timing for with respect to the proposed rule consistent with the Act. Commission Action change that are filed with the B. Self-Regulatory Organization’s Commission, and all written Statement on Burden on Competition The foregoing rule change is effective communications relating to the upon filing pursuant to section proposed rule change between the In accordance with section 6(b)(8) of 11 19(b)(3)(A) of the Act and Commission and any person, other than the Act,10 the Exchange believes that the 12 subparagraph (f)(2) of Rule 19b–4 those that may be withheld from the proposed rule change would not impose thereunder, because it establishes a due, any burden on competition that is not public in accordance with the fee, or other charge imposed by the provisions of 5 U.S.C. 552, will be necessary or appropriate in furtherance Exchange. of the purposes of the Act. Instead, the available for Web site viewing and Exchange believes that the proposal to At any time within 60 days of the printing in the Commission’s Public add an additional way to qualify for Tier filing of such proposed rule change, the Reference Room, 100 F Street NE., 2 would encourage the submission of Commission summarily may Washington, DC 20549 on official additional liquidity to a public temporarily suspend such rule change if business days between the hours of exchange, thereby promoting price it appears to the Commission that such 10:00 a.m. and 3:00 p.m. Copies of such discovery and transparency and action is necessary or appropriate in the filing also will be available for enhancing order execution public interest, for the protection of inspection and copying at the principal opportunities for ETP Holders and investors, or otherwise in furtherance of office of the Exchange. All comments Market Makers. The Exchange believes the purposes of the Act. If the received will be posted without change; that this could promote competition Commission takes such action, the the Commission does not edit personal Commission shall institute proceedings between the Exchange and other identifying information from under section 19(b)(2)(B) 13 of the Act to execution venues, including those that submissions. You should submit only determine whether the proposed rule currently offer similar order types and information that you wish to make comparable transaction pricing, by change should be approved or disapproved. available publicly. All submissions encouraging additional orders to be sent should refer to File Number SR– to the Exchange for execution. IV. Solicitation of Comments NYSEArca–2016–85, and should be Finally, the Exchange notes that it submitted on or before July 11, 2016. operates in a highly competitive market Interested persons are invited to in which market participants can submit written data, views, and For the Commission, by the Division of readily favor competing venues if they arguments concerning the foregoing, Trading and Markets, pursuant to delegated deem fee levels at a particular venue to including whether the proposed rule authority.14 be excessive or rebate opportunities change is consistent with the Act. Robert W. Errett, available at other venues to be more Comments may be submitted by any of Deputy Secretary. favorable. In such an environment, the the following methods: [FR Doc. 2016–14449 Filed 6–17–16; 8:45 am] Exchange must continually adjust its BILLING CODE 8011–01–P fees and rebates to remain competitive 11 15 U.S.C. 78s(b)(3)(A). 12 17 CFR 240.19b–4(f)(2). 10 15 U.S.C. 78f(b)(8). 13 15 U.S.C. 78s(b)(2)(B). 14 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Exchange Traded Fund Shares quoting A. Self-Regulatory Organization’s COMMISSION in decimals at $3.00 or higher shall have Statement of the Purpose of, and a minimum increment of $.10, and all Statutory Basis for, the Proposed Rule [Release No. 34–78060; File No. SR–Phlx– 2016–47] options on stocks and index options Change quoting in decimals under $3.00 shall 1. Purpose Self-Regulatory Organizations; have a minimum increment of $.05. The purpose of this filing is to amend NASDAQ PHLX LLC; Notice of Filing (i)(A) No Change. and Immediate Effectiveness of a Phlx Rule 1034 to extend the Penny Proposed Rule Change Relating to (B) For a pilot period scheduled to Pilot through December 31, 2016 or the Extension of the Exchange’s Penny expire [June 30] December 31, 2016 or date of permanent approval, if earlier,5 Pilot Program and Replacement of the date of permanent approval, if and to change the date when delisted Penny Pilot Issues That Have Been earlier (the ‘‘pilot’’), certain options classes may be replaced in the Penny Delisted shall be quoted and traded on the Pilot. The Exchange believes that Exchange in minimum increments of extending the Penny Pilot will allow for June 14, 2016. $0.01 for all series in such options with further analysis of the Penny Pilot and Pursuant to Section 19(b)(1) of the a price of less than $3.00, and in a determination of how the program Securities Exchange Act of 1934 minimum increments of $0.05 for all should be structured in the future. (‘‘Act’’),1 and Rule 19b–4 2 thereunder, series in such options with a price of Under the Penny Pilot, the minimum notice is hereby given that on June 10, $3.00 or higher, except that options price variation for all participating 2016, NASDAQ PHLX LLC (‘‘Phlx’’ or overlying the PowerShares QQQ Trust options classes, except for the Nasdaq- ‘‘Exchange’’) filed with the Securities (‘‘QQQQ’’)®, SPDR S&P 500 Exchange 100 Index Tracking Stock (‘‘QQQQ’’), and Exchange Commission (‘‘SEC’’ or Traded Funds (‘‘SPY’’), and iShares the SPDR S&P 500 Exchange Traded ‘‘Commission’’) the proposed rule Russell 2000 Index Funds (‘‘IWM’’) Fund (‘‘SPY’’) and the iShares Russell change as described in Items I and II, shall be quoted and traded in minimum 2000 Index Fund (‘‘IWM’’), is $0.01 for below, which Items have been prepared increments of $0.01 for all series all quotations in options series that are by the Exchange. The Commission is regardless of the price. A list of such quoted at less than $3 per contract and publishing this notice to solicit options shall be communicated to $0.05 for all quotations in options series comments on the proposed rule change membership via an Options Trader Alert that are quoted at $3 per contract or from interested persons. (‘‘OTA’’) posted on the Exchange’s Web greater. QQQQ, SPY and IWM are I. Self-Regulatory Organization’s site. quoted in $0.01 increments for all options series. The Penny Pilot is Statement of the Terms of Substance of The Exchange may replace any pilot the Proposed Rule Change currently scheduled to expire on June issues that have been delisted with the 30, 2016. The Exchange is filing with the next most actively traded multiply The Exchange proposes to extend the Commission a proposal to amend Phlx listed options classes that are not yet time period of the Penny Pilot through 3 Rule 1034 (Minimum Increments) to included in the pilot, based on trading December 31, 2016 or the date of extend through December 31, 2016 or activity in the previous six months. The permanent approval, if earlier, and to the date of permanent approval, if replacement issues may be added to the provide a revised date for adding earlier, the Penny Pilot Program in pilot on the second trading day replacement issues to the Penny Pilot. options classes in certain issues (‘‘Penny following July 1, [2015] 2016 [and The Exchange proposes that any Penny Pilot’’ or ‘‘Pilot’’), and to change the January 1, 2016]. Pilot Program issues that have been date when delisted classes may be (C) No Change. delisted may be replaced on the second replaced in the Penny Pilot.4 (ii)–(v) No Change. trading day following July 1, 2016. The The text of the amended Exchange replacement issues will be selected rule is set forth immediately below. * * * * * based on trading activity in the previous Proposed new language is in italics The text of the proposed rule change six months.6 and proposed deleted language is is available on the Exchange’s Web site This filing does not propose any [bracketed]. at http://nasdaqomxphlx. substantive changes to the Penny Pilot NASDAQ PHLX Rules cchwallstreet.com, at the principal Program; all classes currently Options Rules office of the Exchange, and at the participating in the Penny Pilot will Commission’s Public Reference Room. remain the same and all minimum * * * * * increments will remain unchanged. The II. Self-Regulatory Organization’s Rule 1034. Minimum Increments Statement of the Purpose of, and 5 The options exchanges in the U.S. that have (a) Except as provided in sub- Statutory Basis for, the Proposed Rule pilot programs similar to the Penny Pilot (together paragraphs (i)(B) and (iii) below, all Change ‘‘pilot programs’’) are currently working on a options on stocks, index options, and proposal for permanent approval of the respective In its filing with the Commission, the pilot programs. 6 The replacement issues will be announced to 1 Exchange included statements 15 U.S.C. 78s(b)(1). the Exchange’s membership via an Options Trader 2 17 CFR 240.19b–4. concerning the purpose of and basis for Alert (OTA) posted on the Exchange’s Web site. The 3 References herein to rules refer to rules of Phlx, the proposed rule change and discussed Exchange proposes in its Penny Pilot rule that unless otherwise noted. any comments it received on the replacement issues will be selected based on 4 The Penny Pilot was established in January 2007 proposed rule change. The text of these trading activity in the previous six months. The and was last extended in 2014. See Securities replacement issues would be identified based on Exchange Act Release Nos. 55153 (January 23, statements may be examined at the The Options Clearing Corporation’s trading volume 2007), 72 FR 4553 (January 31, 2007) (SR–Phlx– places specified in Item IV below. The data. For example, for the July replacement, trading 2006–74) (notice of filing and approval order Exchange has prepared summaries, set volume from December 1, 2015 through May 30, establishing Penny Pilot); and 75286 (June 24, forth in sections A, B, and C below, of 2016 would be analyzed. The month immediately 2015), 80 FR 37333 (June 30, 2015) (SR–Phlx–2015– preceding the replacement issues’ addition to the 54) (notice of filing and immediate effectiveness the most significant aspects of such Pilot Program (i.e., June) would not be used for extending the Penny Pilot through June 30, 2016). statements. purposes of the six-month analysis.

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Exchange believes the benefits to public time allowing the Exchange to continue the Pilot Program. Accordingly, the customers and other market participants to compete for order flow with other Commission designates the proposed who will be able to express their true exchanges in option issues trading as rule change as operative upon filing prices to buy and sell options have been part of the Pilot. with the Commission.14 demonstrated to outweigh the potential At any time within 60 days of the C. Self-Regulatory Organization’s increase in quote traffic. filing of such proposed rule change, the Statement on Comments on the Commission summarily may 2. Statutory Basis Proposed Rule Change Received From temporarily suspend such rule change if Members, Participants, or Others The Exchange believes that its it appears to the Commission that such proposal is consistent with Section 6(b) No written comments were either action is necessary or appropriate in the of the Act,7 in general, and furthers the solicited or received. public interest, for the protection of 8 objectives of Section 6(b)(5) of the Act, III. Date of Effectiveness of the investors, or otherwise in furtherance of in particular, in that it is designed to Proposed Rule Change and Timing for the purposes of the Act. If the prevent fraudulent and manipulative Commission Action Commission takes such action, the acts and practices, to promote just and Commission shall institute proceedings equitable principles of trade, to foster The Exchange has filed the proposed under Section 19(b)(2)(B) 15 of the Act to cooperation and coordination with rule change pursuant to Section determine whether the proposed rule 9 persons engaged in facilitating 19(b)(3)(A)(iii) of the Act and Rule change should be approved or 10 transactions in securities, and to remove 19b–4(f)(6) thereunder. Because the disapproved. impediments to and perfect the proposed rule change does not: (i) mechanism of a free and open market Significantly affect the protection of IV. Solicitation of Comments and a national market system and, in investors or the public interest; (ii) Interested persons are invited to general, to protect investors and the impose any significant burden on submit written data, views, and public interest. competition; and (iii) become operative arguments concerning the foregoing, In particular, the proposed rule prior to 30 days from the date on which including whether the proposed rule change, which extends the Penny Pilot it was filed, or such shorter time as the change is consistent with the Act. for an additional six months through Commission may designate, if Comments may be submitted by any December 31, 2016 or the date of consistent with the protection of of the following methods: investors and the public interest, the permanent approval, if earlier, and Electronic Comments changes the date for replacing Penny proposed rule change has become • Pilot issues that were delisted to the effective pursuant to Section 19(b)(3)(A) Use the Commission’s Internet second trading day following July 1, of the Act and Rule 19b–4(f)(6)(iii) comment form (http://www.sec.gov/ thereunder. rules/sro.shtml); or 2016, will enable public customers and • other market participants to express A proposed rule change filed under Send an email to rule-comments@ Rule 19b–4(f)(6) 11 normally does not their true prices to buy and sell options sec.gov. Please include File Number SR– become operative prior to 30 days after for the benefit of all market participants. Phlx–2016–47 on the subject line. the date of the filing.12 However, This is consistent with the Act. Paper Comments pursuant to Rule 19b–4(f)(6)(iii),13 the B. Self-Regulatory Organization’s Commission may designate a shorter • Send paper comments in triplicate Statement on Burden on Competition time if such action is consistent with the to Brent J. Fields, Secretary, Securities The Exchange does not believe that protection of investors and the public and Exchange Commission, Station the proposed rule change will impose interest. The Exchange has asked the Place, 100 F Street NE., Washington, DC any burden on competition not Commission to waive the 30-day 20549–9303. necessary or appropriate in furtherance operative delay so that the proposal may All submissions should refer to File of the purposes of the Act. To the become operative immediately upon Number SR–Phlx–2016–47. This file contrary, this proposal is pro- filing. The Commission believes that number should be included on the competitive because it allows Penny waiving the 30-day operative delay is subject line if email is used. To help the Pilot issues to continue trading on the consistent with the protection of Commission process and review your Exchange. investors and the public interest comments more efficiently, please use Moreover, the Exchange believes that because doing so will allow the Pilot only one method. The Commission will the proposed rule change will allow for Program to continue without post all comments on the Commission’s further analysis of the Pilot and a interruption in a manner that is Internet Web site http://www.sec.gov/ determination of how the Pilot should consistent with the Commission’s prior rules/sro.shtml. be structured in the future; and will approval of the extension and expansion Copies of the submission, all serve to promote regulatory clarity and of the Pilot Program and will allow the subsequent amendments, all written consistency, thereby reducing burdens Exchange and the Commission statements with respect to the proposed on the marketplace and facilitating additional time to analyze the impact of rule change that are filed with the investor protection. Commission, and all written The Pilot is an industry-wide 9 15 U.S.C. 78s(b)(3)(A)(iii). communications relating to the initiative supported by all other option 10 17 CFR 240.19b–4(f)(6). proposed rule change between the exchanges. The Exchange believes that 11 17 CFR 240.19b–4(f)(6). Commission and any person, other than 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– those that may be withheld from the extending the Pilot will allow for 4(f)(6)(iii) requires the Exchange to give the continued competition between market Commission written notice of the Exchange’s intent public in accordance with the participants on the Exchange trading to file the proposed rule change along with a brief similar products as their counterparts description and the text of the proposed rule 14 For purposes only of waiving the operative change, at least five business days prior to the date delay for this proposal, the Commission has on other exchanges, while at the same of filing of the proposed rule change, or such considered the proposed rule’s impact on shorter time as designated by the Commission. The efficiency, competition, and capital formation. See 7 15 U.S.C. 78f(b). Exchange has satisfied this pre-filing requirement. 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b)(5). 13 17 CFR 240.19b–4(f)(6)(iii). 15 15 U.S.C. 78s(b)(2)(B).

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provisions of 5 U.S.C. 552, will be solicit comments on the proposed rule Pilot Securities,8 respectively, and available for Web site viewing and change from interested persons. result in a standard rebate of $0.01 per printing in the Commission’s Public contract. The Exchange proposes to I. Self-Regulatory Organization’s Reference Room, 100 F Street NE., increase the standard rate for all Statement of the Terms of Substance of Washington, DC 20549, on official Customer orders in Penny Pilot the Proposed Rule Change business days between the hours of Securities and Non-Penny Pilot 10:00 a.m. and 3:00 p.m. Copies of the The Exchange filed a proposal to Securities to a standard rebate of $0.05 filing also will be available for amend the fee schedule applicable to per contract. In addition to reflecting the inspection and copying at the principal Members 5 and non-members of the increase in the Fee Codes and office of Phlx. All comments received Exchange pursuant to EDGX Rules Associated Fees portion of the will be posted without change; the 15.1(a) and (c). Exchange’s fee schedule for fee codes Commission does not edit personal The text of the proposed rule change PC and NC, the Exchange proposes to identifying information from is available at the Exchange’s Web site delete the reference to the $0.01 rebate submissions. You should submit only at www.batstrading.com, at the on the Standard Rates table with respect information that you wish to make principal office of the Exchange, and at to fee codes PC and NC. The Standard available publicly. the Commission’s Public Reference Rates table provides a range of rebates and fees applicable to executions on the All submissions should refer to File Room. Number SR–Phlx–2016–47 and should Exchange in summary form. II. Self-Regulatory Organization’s In addition to the standard rebate be submitted on or before July 11, 2016. Statement of the Purpose of, and provided to all Customer orders, the For the Commission, by the Division of Statutory Basis for, the Proposed Rule Exchange offers several Customer Trading and Markets, pursuant to delegated Change Volume Tiers pursuant to footnote 1. 16 authority. The Customer Volume Tiers currently Robert W. Errett, In its filing with the Commission, the consist of six separate tiers, each Deputy Secretary. Exchange included statements providing an enhanced rebate to a [FR Doc. 2016–14444 Filed 6–17–16; 8:45 am] concerning the purpose of and basis for Member’s Customer orders that yield fee the proposed rule change and discussed BILLING CODE 8011–01–P codes PC or NC upon satisfying monthly any comments it received on the volume criteria required by the proposed rule change. The text of these respective tier. Pursuant to Customer SECURITIES AND EXCHANGE statements may be examined at the Volume Tier 1, the lowest volume tier, COMMISSION places specified in Item IV below. The a Member currently receives a rebate of Exchange has prepared summaries, set $0.05 per contract where the Member [Release No. 34–78062; File No. SR– forth in Sections A, B, and C below, of has an ADV 9 in Customer orders equal BatsEDGX–2016–21] the most significant parts of such to or greater than 0.10% of average statements. TCV.10 Because the Exchange is Self-Regulatory Organizations; Bats (A) Self-Regulatory Organization’s increasing its standard rebate to $0.05 EDGX Exchange, Inc.; Notice of Filing Statement of the Purpose of, and per share, the Exchange proposes to and Immediate Effectiveness of a Statutory Basis for, the Proposed Rule delete current Tier 1 and to re-number Proposed Rule Change Related to Fees Change Tiers 2 through 6 as Tiers 1 through 5. as They Apply to the Equity Options Platform 1. Purpose Tiered Pricing Changes In addition to the Customer Volume June 14, 2016. The Exchange proposes to amend its fee schedule for its equity options Tiers described above and in footnote 1 Pursuant to Section 19(b)(1) of the platform (‘‘EDGX Options’’) to: (1) of the fee schedule, the Exchange also Securities Exchange Act of 1934 (the Increase the Exchange’s standard rates provides reduced fees or enhanced ‘‘Act’’),1 and Rule 19b–4 thereunder,2 rebates under the Market Maker Volume for Customer 6 orders executed on the notice is hereby given that on June 1, Tiers described in footnote 2. Fee codes EDGX Options and to make related 2016, Bats EDGX Exchange, Inc. (the PM and NM are currently appended to changes; (2) modify the criteria to ‘‘Exchange’’ or ‘‘EDGX’’) filed with the all Market Maker 11 qualify for a tier under the Exchange’s orders in Penny Securities and Exchange Commission existing tiered pricing structure; and (3) Pilot Securities and Non-Penny Pilot (‘‘Commission’’) the proposed rule modify the Exchange’s routing fees, as Securities, respectively, and result in a change as described in Items I, II and III further described below. standard fee of $0.19 per contract. The below, which Items have been prepared by the Exchange. The Exchange has Customer Orders 8 The term ‘‘Non-Penny Pilot Security’’ applies to designated the proposed rule change as those issues that are not Penny Pilot Securities one establishing or changing a member Fee codes PC and NC are currently quoted pursuant to Exchange Rule 21.5, appended to all Customer orders in Interpretation and Policy .01. due, fee, or other charge imposed by the 9 Penny Pilot Securities 7 and Non-Penny ‘‘ADV’’ means average daily volume calculated Exchange under Section 19(b)(3)(A)(ii) as the number of contracts added or removed, of the Act 3 and Rule 19b–4(f)(2) combined, per day. thereunder,4 which renders the 5 The term ‘‘Member’’ is defined as ‘‘any 10 ‘‘TCV’’ means total consolidated volume registered broker or dealer that has been admitted calculated as the volume reported by all exchanges proposed rule change effective upon to membership in the Exchange.’’ See Exchange to the consolidated transaction reporting plan for filing with the Commission. The Rule 1.5(n). the month for which the fees apply, excluding Commission is publishing this notice to 6 The term ‘‘Customer’’ applies to any transaction volume on any day that the Exchange experiences identified by a Member for clearing in the Customer an Exchange System Disruption and on any day range at the Options Clearing Corporation (‘‘OCC’’), with a scheduled early market close. 16 17 CFR 200.30–3(a)(12). excluding any transaction for a Broker Dealer or a 11 The term ‘‘Market Maker’’ applies to any 1 15 U.S.C. 78s(b)(1). ‘‘Professional’’ as defined in Exchange Rule 16.1. transaction identified by a Member for clearing in 2 17 CFR 240.19b–4. 7 The term ‘‘Penny Pilot Security’’ applies to the Market Maker range at the OCC, where such 3 15 U.S.C. 78s(b)(3)(A)(ii). those issues that are quoted pursuant to Exchange Member is registered with the Exchange as a Market 4 17 CFR 240.19b–4(f)(2). Rule 21.5, Interpretation and Policy .01. Maker as defined in Rule 16.1(a)(37).

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Market Maker Volume Tiers in footnote various away options exchanges.12 The charged as compared to the costs of its 2 consist of seven separate tiers, each Exchange currently charges flat rate routing services, as well as monitoring providing a reduced fee or rebate to a routing fees for executions at away for specific fee changes by other options Member’s Market Maker orders that options exchanges that have been exchanges, and intends to adjust its flat yield fee codes PM or NM upon placed into groups based on the routing fees and/or groupings to ensure satisfying monthly volume criteria approximate cost of routing to such that the Exchange’s fees do indeed required by the respective tier. venues. The grouping of away options result in a rough approximation of exchanges is based on the cost of overall Routing Costs, and are not The Exchange proposes to modify the transaction fees assessed by each venue significantly higher or lower in any area. qualifying criteria for Customer Volume as well as costs to the Exchange for The increases are proposed primarily in Tier 6 (as described above, the Exchange routing (i.e., clearing fees, connectivity order to account for increased Routing proposes to re-number such tier as and other infrastructure costs, Costs incurred by the Exchange. Customer Volume Tier 5, hereafter membership fees, etc.) (collectively, Implementation Date ‘‘current Customer Volume Tier 6’’) ‘‘Routing Costs’’). To address different under footnote 1 and for Market Maker fees at various other options exchanges, The Exchange proposes to implement Volume Tier 7 under footnote 2, as the Exchange proposes to increase fees these amendments to its fee schedule further described below. applicable to routing to certain away immediately. Pursuant to current Customer Volume options exchanges in Non-Penny 2. Statutory Basis Tier 6, a Member currently will receive Securities, as further described below. a rebate of $0.21 per contract where: (1) With respect to Non-Customer orders The Exchange believes that the proposed rule change is consistent with The Member has an ADV in Customer in Non-Penny Pilot Securities, the the requirements of the Act and the orders equal to or greater than 0.20% of Exchange appends fee code RO to all rules and regulations thereunder that average TCV; and (2) the Member has an such orders routed to and executed at are applicable to a national securities ADV in Market Maker orders equal to or other options exchanges. Pursuant to fee exchange, and, in particular, with the greater than 0.15% of average TCV. code RO, the Exchange charges a fee of requirements of Section 6 of the Act.13 Similarly, pursuant to Market Maker $1.20 per contract. The Exchange Specifically, the Exchange believes that Volume Tier 7, the Exchange provides a proposes to increase this fee from $1.20 the proposed rule change is consistent reduced fee of $0.10 per contract where: per contract to $1.25 per contract to with Section 6(b)(4) of the Act,14 in that (1) The Member has an ADV in account for additional Routing Costs it provides for the equitable allocation Customer orders equal to or greater than incurred by the Exchange. of reasonable dues, fees and other 0.20% of average TCV; and (2) the With respect to Customer orders in Non-Penny Pilot Securities the charges among members and other Member has an ADV in Market Maker persons using any facility or system orders equal to or greater than 0.15% of Exchange applies one of two fee codes: (1) Fee code RP, which results in a fee which the Exchange operates or average TCV. Thus, the qualifying controls. criteria for current Customer Volume of $0.25 per contract and applies to all Customer orders (including orders in The Exchange believes its proposed Tier 6 and Market Maker Volume Tier increase to the standard rebate provided 7 are identical. Penny Pilot Securities) routed to and executed at AMEX, BOX, BX Options, to Customer orders executed on the In order to encourage the entry of CBOE, ISE Mercury, MIAX or PHLX; or Exchange (as well as the related additional orders to the Exchange, the (2) fee code RR, which results in a fee changes) is reasonable, fair and Exchange proposes to modify current of $0.90 per contract and applies to all equitable, and non-discriminatory in Customer Volume Tier 6 and Market Customer orders in Non-Penny Pilot that the rebate will provide additional Maker Volume Tier 7 to reduce the Securities routed to and executed at incentive to all Members to enter criteria necessary to qualify. ARCA, BZX Options, C2, ISE, ISE Customer orders to the Exchange. The Specifically, the Exchange proposes to Gemini or NOM. The Exchange Exchange also believes the rebate for provide the same rebate, $0.21 per proposes to increase the fee under fee Customer orders remains consistent contract, and reduced fee, $0.10 per code RR from $0.90 per contract to with pricing previously offered by the contract, as it currently provides for $1.00 per contract to account for Exchange as well as other options these tiers, respectively, and to provide additional Routing Costs incurred by the exchanges and does not represent a such rebate or fee where: (1) The Exchange. The Exchange does not significant departure from such pricing. Member has an ADV in Customer orders propose any change to fee code RP. Further, the Exchange believes that equal to or greater than 0.20% of As set forth above, the Exchange’s the proposed modifications to the tiered average TCV; and (2) the Member has an proposed approach to routing fees is to pricing structure are reasonable, fair and ADV in Market Maker orders equal to or set forth in a simple manner certain flat equitable, and non-discriminatory. The greater than 0.10% of average TCV. fees that approximate the cost of routing Exchange operates in a highly Thus, the Exchange proposes to reduce to other options exchanges. The competitive market in which market the criteria of the second prong from Exchange then monitors the fees participants may readily send order 0.15% of average TCV to 0.10% of flow to many competing venues if they average TCV. The Exchange believes 12 Other options exchanges to which the deem fees at the Exchange to be that this change will make current Exchange routes include: Bats BZX Exchange, Inc. excessive. As a relatively new options Customer Volume Tier 6 and Market (‘‘BZX Options’’), BOX Options Exchange LLC exchange, the proposed fee structure (‘‘BOX’’), Chicago Board Options Exchange, Inc. remains intended to attract order flow to Maker Volume Tier 7 more attainable (‘‘CBOE’’), C2 Options Exchange, Inc. (‘‘C2’’), for additional Members. International Securities Exchange, Inc. (‘‘ISE’’), ISE the Exchange by offering market Gemini, LLC (‘‘ISE Gemini’’), ISE Mercury, LLC participants a competitive yet simple Routing Fees (‘‘ISE Mercury’’), Miami International Securities pricing structure. At the same time, the Exchange, LLC (‘‘MIAX’’), Nasdaq Options Market Exchange believes it is reasonable to The Exchange proposes to modify the LLC (‘‘NOM’’), Nasdaq OMX BX LLC (‘‘BX fees charged for orders routed away Options’’), Nasdaq OMX PHLX LLC (‘‘PHLX’’), NYSE Arca, Inc. (‘‘ARCA’’), and NYSE MKT LLC 13 15 U.S.C. 78f. from the Exchange and executed at (‘‘AMEX’’). 14 15 U.S.C. 78f(b)(4).

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offer and incrementally modify orders to such exchanges. The Exchange choose to mark their orders as ineligible incentives intended to help to believes that its flat fee structure for for routing to avoid incurring routing contribute to the growth of the orders routed to various venues is a fair fees.15 Accordingly, the Exchange does Exchange. and equitable approach to pricing, as it not believe that the proposed change Volume-based rebates such as those will provide certainty with respect to will impair the ability of Members or currently maintained on the Exchange execution fees at groups of away options competing venues to maintain their have been widely adopted by options exchanges. In order to achieve its flat fee competitive standing in the financial exchanges and are equitable because structure, taking all costs to the markets. they are open to all Members on an Exchange into account, the Exchange equal basis and provide additional will in some instances charge a higher (C) Self-Regulatory Organization’s benefits or discounts that are reasonably premium to route to certain options Statement on Comments on the related to the value of an exchange’s exchanges than to others. As a general Proposed Rule Change Received From market quality associated with higher matter, the Exchange believes that the Members, Participants or Others levels of market activity, such as higher proposed fees will allow it to recoup The Exchange has not solicited, and levels of liquidity provision and/or and cover its costs of providing routing does not intend to solicit, comments on growth patterns, and introduction of services to such exchanges and to make this proposed rule change. The higher volumes of orders into the price some additional profit in exchange for Exchange has not received any written and volume discovery processes. The the services it provides. The Exchange comments from members or other proposed modification to the criteria also believes that the proposed increase interested parties. required to qualify for current Customer to the fee structure for orders routed to III. Date of Effectiveness of the Volume Tier 6 and Market Maker and executed at these away options Proposed Rule Change and Timing for Volume Tier 7 is intended to incentivize exchanges is fair and equitable and not Members to send additional Customer unreasonably discriminatory in that it Commission Action orders and Market Maker orders to the applies equally to all Members. Finally, The foregoing rule change has become Exchange in an effort to qualify for the the Exchange notes that it intends to effective pursuant to Section 19(b)(3)(A) enhanced rebate or lower fee made consistently evaluate its routing fees, of the Act 16 and paragraph (f) of Rule available by the tiers. including profit and loss attributable to 19b–4 thereunder.17 At any time within The Exchange believes that the routing, as applicable, in connection 60 days of the filing of the proposed rule proposed tiers, as proposed to be with the operation of a flat fee routing change, the Commission summarily may amended are reasonable, fair and service, and would consider future temporarily suspend such rule change if equitable, and non-discriminatory, for adjustments to the proposed pricing it appears to the Commission that such the reasons set forth above with respect structure to the extent it was recouping action is necessary or appropriate in the to volume-based pricing generally and a significant profit or loss from routing public interest, for the protection of because such changes will incentivize to away options exchanges. investors, or otherwise in furtherance of participants to further contribute to the purposes of the Act. market quality. The proposed tiers will (B) Self-Regulatory Organization’s provide an additional way for market Statement on Burden on Competition IV. Solicitation of Comments participants to qualify for enhanced The Exchange believes the proposed Interested persons are invited to rebates or reduced fees. The Exchange amendments to its fee schedule would submit written data, views, and also believes that the tiered pricing not impose any burden on competition arguments concerning the foregoing, structure remains consistent with that is not necessary or appropriate in including whether the proposed rule pricing previously offered by the furtherance of the purposes of the Act. change is consistent with the Act. Exchange as well as other options Rather, the proposal is a competitive Comments may be submitted by any of exchanges and does not represent a proposal that is seeking to further the the following methods: significant departure from such pricing growth of the Exchange and to update structures. the Exchange’s fees for routing orders to Electronic Comments With respect to the proposed away options exchanges based on • Use the Commission’s Internet increases under the Exchange’s routing Routing Costs. With respect to the comment form (http://www.sec.gov/ structure, the Exchange again notes that increase to the standard Customer rebate rules/sro.shtml); or it operates in a highly competitive and other tiered pricing changes, the • Send an email to rule-comments@ market in which market participants can Exchange has structured the proposed sec.gov. Please include File Number SR– readily direct order flow to competing fees and rebates to attract additional BatsEDGX–2016–21 on the subject line. venues or providers of routing services volume to the Exchange. With respect to Paper Comments if they deem fee levels to be excessive. the proposed changes to the routing fee As explained above, the Exchange seeks structure, the Exchange believes that the • Send paper comments in triplicate to approximate the cost of routing to proposed fees are competitive in that to Secretary, Securities and Exchange other options exchanges, including they will continue to provide a simple Commission, 100 F Street NE., other applicable costs to the Exchange approach to routing pricing that some Washington, DC 20549–1090. for routing, in order to provide a Members may favor. Additionally, All submissions should refer to File simplified and easy to understand Members may opt to disfavor the Number SR–BatsEDGX–2016–21. This pricing model. The Exchange believes Exchange’s pricing, including pricing file number should be included on the that a pricing model based on for transactions on the Exchange as well subject line if email is used. To help the approximate Routing Costs is a as routing fees, if they believe that reasonable, fair and equitable approach alternatives offer them better value. In 15 See Exchange Rule 21.1(d)(7) (describing ‘‘Book to pricing. Specifically, the Exchange particular, with respect to routing Only’’ orders) and Exchange Rule 21.9(a)(1) (describing the Exchange’s routing process, which believes that its proposal to modify fees services, such services are available to requires orders to be designated as available for is fair, equitable and reasonable because Members from other broker-dealers as routing). the fees are generally an approximation well as other options exchanges. The 16 15 U.S.C. 78s(b)(3)(A). of the cost to the Exchange for routing Exchange also notes that Members may 17 17 CFR 240.19b–4(f).

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Commission process and review your The Commission is publishing this reconstitution in all calculations of fees comments more efficiently, please use notice to solicit comments on the and credits because it is not reflective of only one method. The Commission will proposed rule change from interested a member’s normal trading. The post all comments on the Commission’s persons. Exchange expresses this under the rule Internet Web site (http://www.sec.gov/ by stating that, ‘‘[f]or purposes of I. Self-Regulatory Organization’s rules/sro.shtml). Copies of the calculating Consolidated Volume and Statement of the Terms of Substance of submission, all subsequent the extent of a member’s trading the Proposed Rule Change amendments, all written statements activity, expressed as a percentage of or with respect to the proposed rule The Exchange proposes to amend the ratio to Consolidated Volume, the date change that are filed with the Rule 7018(a) to delete text from the of the annual reconstitution of the Commission, and all written preamble [sic] the rule concerning Russell Investments Indexes shall be communications relating to the Consolidated Volume. excluded from both total Consolidated proposed rule change between the The text of the proposed rule change Volume and the member’s trading Commission and any person, other than is available on the Exchange’s Web site activity.’’ The Exchange believes that those that may be withheld from the at http:// the text stating ‘‘expressed as a public in accordance with the nasdaqomxbx.cchwallstreet.com/, at the percentage of, or ratio to, Consolidated provisions of 5 U.S.C. 552, will be principal office of the Exchange, and at Volume’’ may be confusing to market available for Web site viewing and the Commission’s Public Reference participants in understanding how the printing in the Commission’s Public Room. Exchange excludes trading activity on Reference Room, 100 F Street NE., II. Self-Regulatory Organization’s the day of the Russell Investment Washington, DC 20549, on official Statement of the Purpose of, and reconstitution should the Exchange ever business days between the hours of Statutory Basis for, the Proposed Rule adopt a fee or credit tier based on a 10:00 a.m. and 3:00 p.m. Copies of such Change different measure of Consolidated filing will also be available for Volume. Specifically, the Exchange inspection and copying at the principal In its filing with the Commission, the seeks to clarify that all trading activity office of the Exchange. All comments Exchange included statements on the date of the Russell Investment received will be posted without change; concerning the purpose of and basis for reconstitution (including trading the Commission does not edit personal the proposed rule change and discussed activity not based on a percentage or identifying information from any comments it received on the ratio of Consolidated Volume) is submissions. You should submit only proposed rule change. The text of these excluded from a member’s trading information that you wish to make statements may be examined at the activity for determining credit and fee available publicly. All submissions places specified in Item IV below. The tiers. This proposed change has no should refer to File Number SR– Exchange has prepared summaries, set impact on the Exchange at this time, as BatsEDGX–2016–21 and should be forth in sections A, B, and C below, of all tiers under the rule are currently submitted on or before July 11, 2016. the most significant aspects of such expressed as a percentage of statements. For the Commission, by the Division of Consolidated Volume; however, if the Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s Exchange adopted a new metric, such as authority.18 Statement of the Purpose of, and a certain nominal level of share volume Robert W. Errett, Statutory Basis for, the Proposed Rule (e.g., a requirement to add 5 million Deputy Secretary. Change shares), the Exchange wants to ensure that member understand that all trading [FR Doc. 2016–14446 Filed 6–17–16; 8:45 am] 1. Purpose activity on the day of the Russell BILLING CODE 8011–01–P The purpose of the proposed rule Investment reconstitution would be change is to delete rule text from the excluded for purposes of determining SECURITIES AND EXCHANGE preamble of Rule 7018(a) concerning what fees and credits a member COMMISSION Consolidated Volume. The rule qualifies for. currently defines Consolidated Volume [Release No. 34–78064; File No. SR–BX– as the total consolidated volume 2. Statutory Basis 2016–029] reported to all consolidated transaction The Exchange believes that its reporting plans by all exchanges and proposal is consistent with Section 6(b) Self-Regulatory Organizations; of the Act 4 in general, and furthers the NASDAQ BX, Inc.; Notice of Filing and trade reporting facilities during a month in equity securities, excluding executed objectives of Sections 6(b)(4) and 6(b)(5) Immediate Effectiveness of Proposed 5 Rule Change To Amend Rule 7018(a) orders with a size of less than one round of the Act in particular, in that it lot. The Exchange excludes from the provides for the equitable allocation of June 14, 2016. calculations of fees and credits that have reasonable dues, fees and other charges Pursuant to Section 19(b)(1) of the a Consolidated Volume component all among members and issuers and other Securities Exchange Act of 1934 trading that occurs on the date of the persons using any facility or system (‘‘Act’’),1 and Rule 19b–4 thereunder,2 annual reconstitution of the Russell which the Exchange operates or notice is hereby given that on June 1, Investments. The annual reconstitution controls, and is not designed to permit 2016, NASDAQ BX, Inc. (‘‘Exchange’’) represents a day of abnormal trading unfair discrimination between filed with the Securities and Exchange volume, as the Russell Investment customers, issuers, brokers, or dealers. Commission (‘‘SEC’’ or ‘‘Commission’’) indexes adjust holdings to accurately The Exchange believes that deleting the proposed rule change as described reflect the current state of equity rule text from the preamble of Rule in Items I, II, and III, below, which Items markets and their market segments.3 7018(a) concerning Consolidated have been prepared by the Exchange. Consequently, the Exchange excludes Volume is reasonable because it will the date of the Russell Investment help clarify how credit and fee tiers that 18 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 3 See https://www.ftserussell.com/research- 4 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. insights/russell-reconstitution. 5 15 U.S.C. 78f(b)(4) and (5).

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rely on a calculation of Consolidated the public interest; (ii) for the protection For the Commission, by the Division of Volume will be handled by the of investors; or (iii) otherwise in Trading and Markets, pursuant to delegated Exchange during the annual Russell furtherance of the purposes of the Act. authority.7 Indexes reconstitution. Currently, the If the Commission takes such action, the Robert W. Errett, rule text could be interpreted to apply Commission shall institute proceedings Deputy Secretary. to only a member organization’s trading to determine whether the proposed rule [FR Doc. 2016–14448 Filed 6–17–16; 8:45 am] activity under a fee or credit tier that is should be approved or disapproved. BILLING CODE 8011–01–P expressed as a ratio or percentage of IV. Solicitation of Comments Consolidated Volume. The Exchange believes that, should it ever adopt a Interested persons are invited to submit written data, views, and SECURITIES AND EXCHANGE credit or fee tier based on another COMMISSION measure of Consolidated Volume, such arguments concerning the foregoing, an interpretation would undermine the including whether the proposed rule Exchange’s intent to exclude the change is consistent with the Act. [Investment Advisers Act of 1940; Release abnormal trading activity that occurs on Comments may be submitted by any of No. IA–4421/June 14, 2016] that day. Accordingly, the Exchange the following methods: Order Approving Adjustment for believes that it is reasonable to remove Electronic Comments Inflation of the Dollar Amount Tests in the potentially confusing rule text. • The Exchange believes that deleting Use the Commission’s Internet Rule 205–3 Under the Investment rule text from the preamble of Rule comment form (http://www.sec.gov/ Advisers Act of 1940 7018(a) concerning Consolidated rules/sro.shtml); or • Send an email to rule-comments@ I. Background Volume is an equitable allocation and is sec.gov. Please include File Number SR– not unfairly discriminatory because the Section 205(a)(1) of the Investment BX–2016–029 on the subject line. proposed change only serves to clarify Advisers Act of 1940 (‘‘Advisers Act’’) the application of the rule and does not Paper Comments generally prohibits an investment alter how Consolidated Volume is • Send paper comments in triplicate adviser from entering into, extending, calculated. Thus, the Exchange will to Brent J. Fields, Secretary, Securities renewing, or performing any investment apply the same process to all similarly and Exchange Commission, 100 F Street advisory contract that provides for situated member organizations that seek NE., Washington, DC 20549–1090. compensation to the adviser based on a share of capital gains on, or capital to qualify under a fee or credit tier All submissions should refer to File appreciation of, the funds of a client under the rule that relies on a Number SR–BX–2016–029. This file (also known as performance calculation of Consolidated Volume. number should be included on the compensation or performance fees).1 B. Self-Regulatory Organization’s subject line if email is used. To help the Section 205(e) authorizes the Securities Statement on Burden on Competition Commission process and review your and Exchange Commission comments more efficiently, please use The Exchange does not believe that (‘‘Commission’’) to exempt any advisory only one method. The Commission will the proposed rule change will impose contract from the performance fee post all comments on the Commission’s any burden on competition not prohibition if the contract is with Internet Web site (http://www.sec.gov/ necessary or appropriate in furtherance persons who the Commission of the purposes of the Act. The rules/sro.shtml). Copies of the submission, all determines do not need the protections proposed rule change is being made to of the prohibition, on the basis of clarify the rule and avoid potential subsequent amendments, all written statements with respect to the proposed certain factors described in that market participant confusion that may 2 rule change that are filed with the section. Rule 205–3 under the Advisers be caused by the existing rule text. As Act exempts an investment adviser from such, the Exchange does not believe that Commission, and all written communications relating to the the prohibition against charging a client the proposed change places any burden performance fees in certain on competition whatsoever. proposed rule change between the Commission and any person, other than circumstances when the client is a C. Self-Regulatory Organization’s those that may be withheld from the ‘‘qualified client.’’ The rule allows an Statement on Comments on the public in accordance with the adviser to charge performance fees if the Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be client has at least a certain dollar Members, Participants, or Others available for Web site viewing and amount in assets under management printing in the Commission’s Public (currently, $1,000,000) with the adviser No written comments were either immediately after entering into the solicited or received. Reference Room, 100 F Street NE., Washington, DC 20549, on official advisory contract (‘‘assets-under- III. Date of Effectiveness of the business days between the hours of management test’’) or if the adviser Proposed Rule Change and Timing for 10:00 a.m. and 3:00 p.m. Copies of the reasonably believes, immediately prior Commission Action filing also will be available for to entering into the contract, that the The foregoing rule change has become inspection and copying at the principal client had a net worth of more than a effective pursuant to Section office of the Exchange. All comments 19(b)(3)(A)(ii) of the Act.6 received will be posted without change; 7 17 CFR 200.30–3(a)(12). 1 At any time within 60 days of the the Commission does not edit personal 15 U.S.C. 80b–5(a)(1). 2 Under section 205(e), the Commission may filing of the proposed rule change, the identifying information from determine that persons do not need the protections Commission summarily may submissions. You should submit only of section 205(a)(1) on the basis of such factors as temporarily suspend such rule change if information that you wish to make ‘‘financial sophistication, net worth, knowledge of it appears to the Commission that such available publicly. and experience in financial matters, amount of assets under management, relationship with a action is: (i) Necessary or appropriate in All submissions should refer to File registered investment adviser, and such other Number SR–BX–2016–029 and should factors as the Commission determines are consistent 6 15 U.S.C. 78s(b)(3)(A)(ii). be submitted on or before July 11, 2016. with [section 205].’’ 15 U.S.C. 80b–5(e).

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certain dollar amount (currently, the effects of inflation by reference to with assets held jointly with a spouse) $2,000,000) (‘‘net worth test’’).3 historic and current levels of the PCE of more than $2,100,000. The Dodd-Frank Wall Street Reform Index, the dollar amount of the assets- By the Commission. and Consumer Protection Act (‘‘Dodd- under-management test would remain Brent J. Fields, Frank Act’’) 4 amended section 205(e) of $1,000,000, and the dollar amount of the Secretary. the Advisers Act to provide that, by July net worth test would increase from 21, 2011 and every five years thereafter, $2,000,000 to $2,100,000.9 These dollar [FR Doc. 2016–14450 Filed 6–17–16; 8:45 am] the Commission shall adjust for amounts—which are rounded to the BILLING CODE 8011–01–P inflation the dollar amount thresholds nearest $100,000 as required by section included in rules issued under section 205(e) of the Advisers Act—would SECURITIES AND EXCHANGE 205(e), rounded to the nearest reflect inflation from 2011 to the end of COMMISSION $100,000.5 The Commission last issued 2015. an order to revise the dollar amount The Commission’s notice established [Release No. SIPA–177; File No. SIPC–2016– thresholds of the assets-under- a deadline of June 13, 2016 for 01] management and net worth tests (to submission of requests for a hearing. No $1,000,000 and $2,000,000, respectively, requests for a hearing have been Securities Investor Protection as discussed above) on July 12, 2011.6 received by the Commission. Corporation; Notice of Filing of Rule 205–3 currently codifies the Proposed Bylaw Amendments Relating threshold amounts revised by the 2011 III. Effective Date of the Order to Assessment of SIPC Members Order and states that the Commission This Order is effective as of August will issue an order on or about May 1, June 15, 2016. 15, 2016. To the extent that contractual Pursuant to section 3(e)(1) of the 2016, and approximately every five relationships are entered into prior to years thereafter, adjusting for inflation Securities Investor Protection Act of the Order’s effective date, the dollar 1970 (‘‘SIPA’’),1 on May 2, 2016 the the dollar amount thresholds of the amount test adjustments in the Order rule’s assets-under-management and net Securities Investor Protection would not generally apply retroactively Corporation (‘‘SIPC’’) filed with the worth tests based on the Personal to such contractual relationships, Consumption Expenditures Chain-Type Securities and Exchange Commission subject to the transition rules (‘‘Commission’’) proposed bylaw Price Index (‘‘PCE Index,’’ published by incorporated in rule 205–3.10 the United States Department of amendments relating to assessments on Commerce).7 IV. Conclusion SIPC member broker-dealers. On May 27, 2016, SIPC consented to a 60-day II. Adjustment of Dollar Amount Accordingly, pursuant to section extension of time before the proposed Thresholds 205(e) of the Investment Advisers Act of bylaw amendments take effect pursuant 1940 and section 418 of the Dodd-Frank On May 18, 2016, the Commission to section 3(e)(1) of SIPA.2 Pursuant to Act, published a notice of intent to issue an section 3(e)(1)(B) of SIPA, the order that would adjust for inflation, as It is hereby ordered that, for purposes Commission finds that this proposed appropriate, the dollar amount of rule 205–3(d)(1)(i) under the bylaw change involves a matter of such thresholds of the asset-under- Investment Advisers Act of 1940 [17 significant public interest that public management test and the net worth CFR 275.205–3(d)(1)], a qualified client comment should be obtained.3 test.8 The Commission stated that, based means a natural person who, or a Therefore, pursuant to section 3(e)(2)(A) on calculations that take into account company that, immediately after of SIPA,4 the Commission is publishing entering into the contract has at least this notice to solicit comments on the 3 See rule 205–3(d)(1)(i)–(ii); see also infra note 6 $1,000,000 under the management of proposed bylaw change from interested and accompanying text. the investment adviser; and persons. 4 Public Law 111–203, 124 Stat. 1376 (2010). It is further ordered that, for purposes In its filing with the Commission, 5 See section 418 of the Dodd-Frank Act of rule 205–3(d)(1)(ii)(A) under the SIPC included statements concerning (requiring the Commission to issue an order every Investment Advisers Act of 1940 [17 five years revising dollar amount thresholds in a the purpose of and statutory basis for rule that exempts a person or transaction from CFR 275.205–3(d)(1)(ii)(A)], a qualified the proposed bylaw amendments as section 205(a)(1) of the Advisers Act if the dollar client means a natural person who, or a described below, which description has amount threshold was a factor in the Commission’s company that, the investment adviser been substantially prepared by SIPC. determination that the persons do not need the entering into the contract (and any protections of that section). I. SIPC’s Statement of the Purpose of, 6 See text accompanying supra note 3; Order person acting on his behalf) reasonably Approving Adjustment for Inflation of the Dollar believes, immediately prior to entering and Statutory Basis for, Proposed SIPC Amount Tests in Rule 205–3 under the Investment into the contract, has a net worth Bylaw Amendments Relating to Advisers Act of 1940, Investment Advisers Act (together, in the case of a natural person, Assessment of SIPC Members Release No. 3236 (July 12, 2011) [76 FR 41838 (July 15, 2011)] (‘‘2011 Order’’). The 2011 Order was Overview effective as of September 19, 2011. It applies to 9 See id. at section II.A. contractual relationships entered into on or after the 10 See rule 205–3(c)(1) (‘‘If a registered investment Pursuant to Section 3(e)(1) of SIPA, effective date and does not apply retroactively to adviser entered into a contract and satisfied the SIPC submits this statement of the contractual relationships previously in existence. conditions of this section that were in effect when purpose of, and statutory basis for, 7 See rule 205–3(e). the contract was entered into, the adviser will be proposed amendments to the SIPC 8 See Investment Adviser Performance considered to satisfy the conditions of this section; 5 Compensation, Investment Advisers Act Release Provided, however, that if a natural person or Assessments Bylaw. Among other No. 4388 (May 18, 2016) [81 FR 32686 (May 24, company who was not a party to the contract things, the Assessments Bylaw, at 2016)]. While the dollar amount of the assets under- becomes a party (including an equity owner of a Article 6 of the SIPC Bylaws (‘‘Article management test would not change, because the private investment company advised by the amount of the Commission’s inflation adjustment adviser), the conditions of this section in effect at 1 15 U.S.C. 78ccc(e)(1). calculation is smaller than the rounding amount that time will apply with regard to that person or 2 specified under rule 205–3, the dollar amount of the company.’’); see also Investment Adviser 15 U.S.C. 78ccc(e)(1). net worth test would be adjusted as a result of Performance Compensation, Investment Advisers 3 15 U.S.C. 78ccc(e)(1)(B). Commission’s inflation adjustment calculation Act Release No. 3198 (May 10, 2011) [76 FR 27959 4 15 U.S.C. 78ccc(e)(2)(A). effected pursuant to the rule. (May 13, 2011)], at section II.B.3. 5 15 U.S.C. 78ccc(e)(1).

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6’’), currently provides for an SIPC Fund’’ or ‘‘Fund’’) from which all sizeable advances by SIPC, the SIPC assessment rate of 1⁄4 of one percent of expenditures by SIPC are to be made.6 Fund may be at $2.5 billion for six each member’s net operating revenues Examples of SIPC expenditures include months, but then fall significantly below from the securities business until the advances to trustees to satisfy customer that amount as additional advances are SIPC Fund reaches $2.5 billion and claims, and to pay administrative made. Under Article 6, Section SIPC determines that the Fund will expenses in SIPA proceedings where the 1(a)(1)(A), once the Fund reaches $2.5 remain at or above $2.5 billion for at general estate is insufficient. The SIPC billion and is projected to remain at or least six months. Once that Fund also supports the day-to-day above that amount for six months or determination is made, the assessment operations of SIPC. more, SIPC could change the assessment rate falls to a ‘‘minimum assessment’’ of All SIPC members pay an assessment rate from 1⁄4 of one percent, to 0.02 0.02 percent of the member’s net into the SIPC Fund.7 After consultation percent, of net operating revenues from operating revenues from the securities by SIPC with self-regulatory the securities business. On the other business. organizations, the assessment is in the hand, because projected expenditures in Notwithstanding the foregoing, amount that SIPC deems ‘‘necessary and pending proceedings could reasonably Article 6 also provides that the appropriate,’’ to establish and maintain cause the balance of the SIPC Fund to assessment rate is 1⁄4 of one percent of the SIPC Fund and to repay any be less than $2.5 billion, but more than annual net operating revenues if it is borrowings by SIPC. Currently, the rate $150 million, for six months or more, reasonably likely that the balance of the stands at 1⁄4 of one percent per year of SIPC alternatively could require that the Fund will fall below $2.5 billion and SIPC members’ net operating revenues assessment rate remain at 1⁄4 of one remain at less than $2.5 billion for six derived from the securities business.8 percent.13 This situation is problematic months or more. Under the Bylaws, The rate is to remain at 1⁄4 of one not only for SIPC, but for its members. then, it is possible for the rate to change, percent until the balance of the SIPC SIPC members might reasonably expect in relatively short order, from 1⁄4 of one Fund, as defined in section 4(a)(2) of to pay a minimum assessment once the percent to a minimum assessment, and SIPA,9 excluding SIPC confirmed lines Fund reaches $2.5 billion, but even if back to 1⁄4 of one percent. of credit, reaches a target balance of $2.5 they do, they could be subject to a SIPC continues to examine whether billion, and SIPC determines that the sudden increase in the assessment as the Fund ‘‘target balance’’ of $2.5 billion Fund will remain at $2.5 billion for at the rate returns to 1⁄4 of one percent. is adequate for SIPC to carry out its least six months.10 If that determination To provide clarity in this situation mission of customer protection. is made, the rate falls to a ‘‘minimum and to maintain the SIPC Fund at or Whether or not $2.5 billion is sufficient, assessment’’ which is 0.02 percent of above the target balance, and to offer in furtherance of its mission, SIPC each member’s annual net operating some relief in the assessment that wishes to ensure that at a minimum and revenues from the securities business.11 members must pay while reducing the to the extent possible, the Fund does not Article 6, however, also provides that likelihood of sudden changes in the fall below $2.5 billion. Accordingly, in if SIPC determines that the SIPC Fund rates, SIPC proposes to amend Article 6 setting the assessment rate, SIPC deems is, or is reasonably likely to be, less than as follows. it prudent to consider not only the size $2.5 billion and will likely remain at First, when the SIPC Fund reaches of the Fund over a six-month period, but less than $2.5 billion for six months or $2.5 billion and is projected to be at SIPC’s actual expenditures and its more, exclusive of confirmed lines of $2.5 billion for six months or more, projected expenditures from the Fund credit, then the assessment rate is to be SIPC will consider the balance of its 1⁄4 of one percent of the member’s unrestricted net assets, as reflected in its over a longer term. In addition, the size 12 of the Fund is more likely to stay at or annual net operating revenue. most recent audited Statement of Financial Position. Among other items, above the target balance if there is a The Proposed Amendments included within the calculation of more gradual progression in rates, A. Imposition of an Intermediary unrestricted net assets is provision for before the minimum assessment rate is Assessment Rate trustees’ estimated costs to complete imposed. Finally, such measures would ongoing customer protection make less likely sudden changes in the Where large SIPA liquidation proceedings.14 Thus, in setting the assessment rate while giving SIPC proceedings are pending that require assessment rate, SIPC will consider not members some relief in the amount of 6 only the balance of the SIPC Fund, but the assessment that they owe. 15 U.S.C. 78ddd(a)(1). 7 projected long-term liabilities. With these considerations in mind, 15 U.S.C. 78ddd(c)(2). 8 Second, SIPC will impose an annual SIPC proposes to modify the Article 6, § 1(a)(1)(A). 9 15 U.S.C. 78ddd(a)(2) assessment rate of 0.15 percent of a Assessments Bylaw in two respects: 10 Article 6, § 1(a)(1)(B) member’s net operating revenues from One, to impose an intermediary 11 Id. the securities business 15 if (A) the assessment rate that would apply when 12 Article 6, § 1(a)(1)(C)(i). If the amount is less amount of the SIPC Fund is at $2.5 the balance of the SIPC Fund is than $150 million, the assessment is in an amount billion or more; (B) SIPC has determined expected to be $2.5 billion for at least to be determined by SIPC, but cannot be less than 1⁄4 of one percent of the member’s annual gross that the Fund will remain at or above six months but SIPC’s unrestricted net revenues from the securities business. Article 6, $2.5 billion for at least six months; but assets, as reflected in its most recent § 1(a)(1)(C)(ii). If the Fund is less than $100 million, then the amount of the assessment also is audited Statement of Financial Position, 13 determined by SIPC but, each year, it cannot be less Article 6, § 1(a)(1)(C)(i). are less than $2.5 billion; and two, to 14 than 1⁄2 of one percent of each member’s annual See, e.g., 2015 SIPC Annual Report at 20 amend the date on which any change in gross revenues from the securities business. Article (http://www.sipc.org/Content/media/annual- assessments becomes effective. 6, § 1(a)(1)(C)(iii); 15 U.S.C. 78ddd(d)(1)(A) and (B). reports/2015-annual-report.pdf). In no event may the assessment rate be more than 15 Net operating revenues from the securities Statement of Purpose and Statutory 1⁄2 of one percent annually of the member’s gross business are gross revenues from the securities Basis revenues from the securities business, unless SIPC business, as defined in Section 16(9) of SIPA, 15 determines that a higher rate, but not one that is U.S.C. 78lll(9), less total interest and dividend Background higher than one (1) percent of gross revenues, will expense, but not exceeding total interest and not have a material adverse effect on the financial dividend income. See Article 6, § 1(g). See also Section 4(a)(1) of SIPA authorizes condition of SIPC members or their customers. http://www.sipc.org/Content/media/filing-forms/ SIPC to establish a ‘‘SIPC Fund’’ (‘‘the Article 6, § 1(a)(1)(C)(iv); 15 U.S.C. 78ddd(c)(3)(B). SIPC-6-20130830.PDF.

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(C) SIPC’s unrestricted net assets, as will become effective thirty days after ARTICLE 6 reflected in its most recent audited the date of filing with the Commission ASSESSMENTS Statement of Financial Condition, are or upon such later date as SIPC may less than $2.5 billion. This measure designate or such earlier date as the Section 1. General establishes an intermediary assessment Commission may determine unless: (A) (a) Amount of Assessment. rate of 0.15 percent between the 1⁄4 of The Commission, by notice to SIPC (1) The amount of each member’s one percent assessment imposed on setting forth the reasons for such action, assessment for the member’s fiscal year SIPC members and the minimum disapproves the proposed bylaw change shall [either be (a) the minimum amount assessment, and provides for a more as being contrary to the public interest or (b)] be the product of the assessment gradual progression toward the or contrary to the purposes of SIPA; or rate established by SIPC for that fiscal imposition of a minimum assessment. (B) the Commission finds that the year and either the member’s gross or B. Amendment of the Effective Date of proposed bylaw change involves a net revenues from the securities a Change in the Assessment matter of such significant public interest business, as follows: that public comment should be (A) The assessment rate shall be one- In addition to the foregoing, SIPC obtained, in which case it may, after fourth (1⁄4) of one (1) percent per annum proposes to amend Article 6 with notifying SIPC in writing of such of net operating revenues from the respect to when a change in assessments finding, require that the procedures for member’s securities business [until] for becomes effective. Currently, Article 6, proposed SIPC rule changes in section each calendar year or part thereof Section 1(a)(1), provides that a change 3(e)(2) of SIPA be followed with respect unless SIPC determines that the balance in assessments is to occur on the first to the proposed bylaw change.17 day of the month following the date on of the SIPC Fund, as defined in Section which SIPC announces a change in the The SIPC Fund, which is built from 4(a)(2) of the Act, exclusive of assessment and continue until SIPC assessments on its members and the confirmed lines of credit, (i) has provides otherwise (‘‘Notice interest earned on the Fund, is used for aggregated a [target] balance of $2.5 Provision’’). In the ordinary course and the protection of customers of members billion, and (ii) will remain at or above to give as much notice to members as liquidated under SIPA to maintain $2.5 billion for six months or more. possible, the SIPC Board of Directors investor confidence in the securities (B) Notwithstanding the provisions of determines the rate of assessment at its markets. In light of this fact and that the Section 1(a)(1)(A) herein, if SIPC September Meeting. The Board’s bylaw change provides for a new determines that the balance of the SIPC determination is announced shortly assessment methodology, the Fund, as defined in Section 4(a)(2) of thereafter but is not made effective until Commission finds, pursuant to section the Act, exclusive of confirmed lines of 18 the first day of the following year. See, 3(e)(1)(B) of SIPA, that the proposed credit, (i) has aggregated $2.5 billion, e.g., http://www.sipc.org/for-members/ bylaw change involves a matter of such and (ii) will remain at or above $2.5 assessment-rate. SIPC last announced significant public interest that public billion for six months or more, but an assessment rate change (from a comment should be obtained and that SIPC’s unrestricted net assets, as 1 the procedures applicable to proposed reflected in SIPC’s most recent audited minimum assessment to the current ⁄4 of one percent) on March 2, 2009, to SIPC proposed rule changes in section Statement of Financial Position, are less 19 take effect on April 1, 2009. The 3(e)(2) of SIPA should be followed. As than $2.5 billion, the assessment rate assessment rate has continued required by section 3(e)(1)(B) of SIPA, shall be 0.15 percent per annum of net unchanged since then. the Commission has notified SIPC of operating revenues from the member’s In order to give its members as much this finding in writing. securities business for each calendar year or part thereof. notice as possible of the assessment rate III. Date of Effectiveness of the (C) If SIPC determines that the for the following year, SIPC has Proposed Bylaw Change and Timing for balance of the SIPC Fund, as defined in determined to amend the Notice Commission Action Provision. An assessment rate will be Section 4(a)(2) of the Act, exclusive of effective on the first day of the year Within 35 days of the date of confirmed lines of credit, has aggregated following the date on which SIPC publication of this notice in the Federal $2.5 billion or more, and will remain at announces its determination, consistent Register, or within such longer period or above $2.5 billion for six months or with SIPC’s practice that the (A) as the Commission may designate of more, and SIPC’s unrestricted net determination of the rate normally will not more than ninety days after such assets, as reflected in SIPC’s most recent occur in September. There may be date if it finds such longer period to be audited Statement of Financial Position, emergency situations, however, when appropriate and publishes its reasons are at or above $2.5 billion, members the need for an assessment rate to for so finding or (B) as to which SIPC shall pay a minimum assessment, which become effective is more immediate. In consents, the Commission shall: (i) By shall be 0.02 percent of the net that case, the assessment rate will be order approve such proposed rule operating revenues from the securities effective on the date announced by SIPC change; or (ii) Institute proceedings to business for each calendar year or part provided that the exigency of the determine whether such proposed rule thereof. circumstances so warrants. change should be disapproved.20 [C](D) Anything to the contrary herein notwithstanding, if at any time SIPC II. Need for Public Comment IV. Text of Proposed Bylaw Change determines that the balance of the SIPC Section 3(e)(1) of SIPA provides that The text of the proposed bylaw Fund, as defined in Section 4(a)(2) of the Board of Directors of SIPC must file change is provided below. Proposed the Act, exclusive of confirmed lines of a copy of any proposed bylaw change new language is in italics; proposed credit, aggregates or is reasonably likely with the Commission, accompanied by deletions are in brackets. to aggregate: a concise general statement of the basis (i) less than [the target balance of] and purpose of the proposed bylaw 17 15 U.S.C. 78ccc(e)(1). $2.5 billion and will likely remain less change.16 The proposed bylaw change 18 15 U.S.C. 78ccc(e)(1)(B). than $2.5 billion for a period of six (6) 19 15 U.S.C. 78ccc(e)(2). months or more—the amount of each 16 15 U.S.C. 78ccc(e)(1). 20 15 U.S.C. 78ccc(e)(2)(B). member’s assessment shall be at an

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assessment rate of one-fourth (1⁄4) of one organization shall pay assessments to its (b) The term ‘‘securities in investment (1) percent per annum of net operating collection agent. In the case of members accounts’’ shall mean securities that are revenue. who are not members of any self- clearly identified as having been (ii) less than $150,000,000—the regulatory organization, assessments acquired for investment in accordance amount of each member’s assessment shall be paid directly to the Corporation. with provisions of the Internal Revenue shall be at an amount to be determined (d) Report by Collection Agents. Code applicable to dealers in securities. by SIPC, but in no case shall the amount Within 45 days after each due date, each (c) The term ‘‘fees and other income of each member’s assessment be less self-regulatory organization which is the from such other categories of the than an assessment rate of one-fourth collection agent shall submit a written securities business’’ shall mean all (1⁄4) of one (1) percent per annum of report to the Corporation as to any revenue related either directly or such member’s gross revenues from the entity for whom it acts as collection indirectly to the securities business securities business. agent whose filing or assessment except revenue included in Section (iii) less than $100,000,000—the payment has not been received. 16(9)(A)–(K) and revenue specifically amount of each member’s assessment (e) Interest on Assessments. If all or excepted in Section 4(c)(3)(C). shall be at an amount to be determined any part of an assessment payable under by SIPC, but in no case shall the amount Section 4 of the Act has not been V. Solicitation of Comments of each member’s assessment be less received by the collection agent within Interested persons are invited to than an assessment rate of one-half (1⁄2) 15 days after the due date thereof, the submit written data, views, and of one (1) percent per annum of such member shall pay, in addition to the arguments concerning the foregoing by member’s gross revenues from the amount of the assessment, interest at the any of the following methods: securities business. rate of 20% per annum on the unpaid (iv) The amount of each member’s portion of the assessment for each day Electronic Comments assessment shall not exceed one-half it has been overdue. If any broker or • Use the Commission’s Internet 1 ( ⁄2) of one (1) percent per annum of dealer has incorrectly filed a claim for comment form (http://www.sec.gov/ such member’s gross revenues from the exclusion from membership in the rules/other.shtml); or securities business, unless SIPC Corporation, such broker or dealer shall • Send an email to rule-comments@ determines that a rate in excess of one- pay, in addition to assessments due, 1 sec.gov. Please include File Number half ( ⁄2) of one (1) percent during any interest at the rate of 20% per annum on SIPC–2016–01 on the subject line. twelve (12) month period will not have the unpaid assessment for each day it a material adverse effect on the financial has not been paid since the date on Paper Comments condition of its members or their which it should have been paid. • Send paper comments to Brent J. customers. No assessment made (f) Gross Revenues. The term ‘‘gross Fields, Secretary, Securities and pursuant to this Section 1(a)(1) shall revenues from the securities business’’ Exchange Commission, 100 F Street NE., require payments during any such includes the revenues in the definition Washington, DC 20549–1090. period that exceed in the aggregate one of gross revenues from the securities All comments should refer to File (1) percent of any member’s gross business set forth in the applicable revenues from the securities business Number SIPC–2016–01. To help the sections of the Act. Commission process and review your for such period. (g) Net Operating Revenues. The term comments more efficiently, please use (2) Any change in assessments made ‘‘net operating revenues from the only one method. The Commission will in accordance with [the above] Section securities business’’ means gross post all comments on the Commission’s 1(a)(1) herein shall commence on the revenues from the securities business Internet Web site (http://www.sec.gov/ first day of the [month] year following less interest and dividend expenses, and rules/other.shtml). the date on which SIPC announces its includes those clarifications as are set Copies of the submission, all determination, or on such other date if forth in the SIPC assessment forms and subsequent amendments, all written the exigency of the circumstances so instructions. warrants in SIPC’s determination, and statements with respect to the proposed continue until such time as SIPC Section 2. Overpayments bylaw change that are filed with the provides otherwise. If the final annual reconciliation filed Commission, and all written (3) Commencing on the first day of the by a terminated member reflects an communications relating to the month following the date on which assessment overpayment carried proposed bylaw change between the SIPC borrows moneys pursuant to forward that exceeds $150.00, SIPC may Commission and any person, other than Section 4(f) or Section 4(g) of the Act, refund such excess to the member upon those that may be withheld from the and continuing while any such receipt of the member’s written request public in accordance with the borrowing is outstanding and until such therefor and after the member’s SIPC provisions of 5 U.S.C. 552, will be further time as SIPC provides otherwise, collection agent has confirmed to SIPC available for Web site viewing and the amount of each member’s that all of the member’s SIPC printing in the Commission’s Public assessment shall be at an assessment assessment form filings and payments Reference Room, 100 F Street NE., rate of not less than one-half (1⁄2) of one and reports required by SEC Rule 17a– Washington, DC 20549, on official (1) percent per annum of such member’s 5 covering periods through the business days between the hours of gross revenues from the securities termination date have been reviewed 10:00 a.m. and 3:00 p.m. All comments business. and accepted. received will be posted without change; (b) Payments. Assessments shall be the Commission does not edit personal payable at such times and in such Section 3. Interpretation of Terms identifying information from manner as may be determined by SIPC’s For purposes of this Article: submissions. You should submit only Vice President—Finance with the (a) The term ‘‘securities in trading information that you wish to make approval of the Chairman. accounts’’ shall mean securities held for available publicly. (c) Collection of General Assessments. sale in the ordinary course of business All submissions should refer to File Each member of the Corporation who is and not identified as having been held Number SIPC–2016–01, and should be a member of a self-regulatory for investment. submitted on or before July 11, 2016.

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For the Commission, by the Division of minimize burden on respondents, the collection instruments by writing to Trading and Markets, pursuant to delegated including the use of automated the above email address. authority.21 collection techniques or other forms of 1. Request for Earnings and Benefit Brent J. Fields, information technology. Mail, email, or Estimate Statement—20 CFR 404.810— Secretary. fax your comments and 0960–0466. Section 205(c)(2)(A) of the [FR Doc. 2016–14499 Filed 6–17–16; 8:45 am] recommendations on the information Social Security Act (Act) requires the BILLING CODE 8011–01–P collection(s) to the OMB Desk Officer Commissioner of SSA establish and and SSA Reports Clearance Officer at maintain records of wages paid to, and the following addresses or fax numbers. amounts of self-employment income SOCIAL SECURITY ADMINISTRATION (OMB) Office of Management and derived by, each individual as well as [Docket No: SSA–2016–0027] Budget, Attn: Desk Officer for SSA, the periods in which such wages were Fax: 202–395–6974, Email address: paid and such income derived. An Agency Information Collection [email protected]. individual may complete and mail Form Activities: Proposed Request and (SSA) Social Security Administration, SSA–7004 to SSA’s Data Operations Comment Request OLCA, Attn: Reports Clearance Center in Wilkes-Barre, PA, to obtain a Director, 3100 West High Rise, 6401 Statement of Earnings or Quarters of The Social Security Administration Coverage. SSA uses the information (SSA) publishes a list of information Security Blvd., Baltimore, MD 21235, Form SSA–7004 collects to identify collection packages requiring clearance Fax: 410–966–2830, Email address: respondent’s Social Security earnings by the Office of Management and [email protected], or you Budget (OMB) in compliance with may submit your comments online records; extract posted earnings Public Law 104–13, the Paperwork through www.regulations.gov, information; calculate potential benefit Reduction Act of 1995, effective October referencing Docket ID Number [SSA– estimates; produce the resulting Social 1, 1995. This notice includes revisions 2016–0027]. Security statements; and mail them to of OMB-approved information I. The information collections below the requesters. The respondents are collections. are pending at SSA. SSA will submit Social Security number holders SSA is soliciting comments on the them to OMB within 60 days from the requesting information about their accuracy of the agency’s burden date of this notice. To be sure we Social Security earnings records and estimate; the need for the information; consider your comments, we must estimates of their potential benefits. its practical utility; ways to enhance its receive them no later than August 19, Type of Request: Revision of an OMB- quality, utility, and clarity; and ways to 2016. Individuals can obtain copies of approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–7004 ...... 40,090 1 5 3,341

2. National Beneficiary Survey— improving employment outcomes for such as health; living arrangements; 0960–0800. SSA is continuing the SSDI beneficiaries and SSI recipients, family structure; current occupation; National Beneficiary Survey (NBS), a SSA supports the effort to reduce the use of non-SSA programs; knowledge of survey which gathers data from reliance of people with disabilities on SSDI and SSI work incentive programs; Supplemental Security Income (SSI) these programs. SSA conducted the obstacles to work; and beneficiary recipients and Social Security Disability prior NBS in 2004, 2005, 2006, and interest and motivation to return to Insurance (SSDI) beneficiaries about 2010, which was an important first step work. their characteristics, their well-being, in understanding the work interest and We propose to conduct the first wave and other factors that promote or hinder experiences of SSI recipients and SSDI of the NBS-General Waves in 2015. We employment. In particular, the survey beneficiaries, and in gaining will further conduct subsequent rounds seeks to uncover important information information about their impairments, in 2017 (round 2) and 2019 (round 3). about the factors promoting beneficiary health, living arrangements, family The information we will collect is not self-sufficiency and, conversely, factors structure, pre-disability occupation, and available from SSA administrative data impeding beneficiary efforts to maintain use of non-SSA programs (e.g., the or other sources. In the NBS-General employment. We use this data to Supplemental Nutrition Assistance Waves, the sample design is similar to improve the administration and Program). The prior NBS data is what we used for the prior NBS. effectiveness of the SSDI and SSI available to researchers and the public. Enhancement of the prior questionnaire programs. These results are valuable as The National Beneficiary Survey (NBS) includes additional questions on the SSA and other policymakers continue factors that promote or hinder efforts to improve programs and services The primary purpose of the new NBS- employment success. In 2015 we that help SSDI beneficiaries and SSI General Waves is to assess beneficiary conducted semi-structured qualitative recipients become more self-sufficient. well-being and interest in work, learn interviews to provide SSA an in-depth Background about beneficiary work experiences understanding of factors that aid or (successful and unsuccessful), and inhibit individuals in their efforts to SSDI and SSI programs provide a identify factors that promote or restrict obtain and retain employment and crucial and necessary safety net for long-term work success. Information advance in the workplace. We use the working-age people with disabilities. By collected in the survey includes factors qualitative data to add context and

21 17 CFR 200.30–3(f)(2)(i) & 200.30–3(f)(3).

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understanding when interpreting survey Respondent participation in the NBS benefits. Respondents are current SSDI results, and to inform the sample and is voluntary and the decision to beneficiaries and SSI recipients. survey design of rounds 2 and 3. participate or not has no impact on Type of Request: Revision of an OMB- current or future receipt of payments or approved information collection.

Estimated Average total Administration year Number of Frequency of burden per annual respondents response response burden (hours) (hours)

2017

Cross-Sectional Samples: Representative Beneficiary Sample ...... 4,000 1 50 3,333 Successful Workers ...... 4,500 1 70 5,250

Subtotal ...... 8,583

2019

Cross-Sectional Samples: Representative Beneficiary Sample ...... 4,000 1 50 3,333 Successful Workers ...... 3,000 1 70 3,500 Longitudinal Samples: Successful Workers ...... 2,250 1 70 2,625

Subtotal ...... 9,458

Total Burden ...... 17,750 ...... 18,041

II. SSA submitted the information of the OMB clearance package by widower, or children as defined in collections below to OMB for clearance. writing to OR.Reports.Clearance@ section 202(i) of the Act. Respondents Your comments regarding the ssa.gov. complete the application for this one- information collections would be most 1. Application for Lump Sum Death time payment via paper form, useful if OMB and SSA receive them 30 Payment—20 CFR 404.390–404.392— telephone, or an in-person interview days from the date of this publication. 0960–0013. SSA uses Form SSA–8–F4 with SSA employees. Respondents are To be sure we consider your comments, to collect information needed to applicants for the LSDP. we must receive them no later than July authorize payment of the lump sum Type of Request: Revision of an OMB- 20, 2016. Individuals can obtain copies death payment (LSDP) to a widow, approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

MCS ...... 662,084 1 9 99,313 Paper ...... 8,164 1 10 1,361

Total ...... 670,248 ...... 100,674

2. Representative Payee Evaluation representative payees to report once payee. The respondents are individuals Report—20 CFR 404.2065 & 416.665— each year on how they used or or organizations serving as 0960–0069. Sections 205(j) and conserved those funds. When a representative payees for individuals 1631(a)(2) of the Social Security Act representative payee fails to adequately receiving Title II benefits or Title XVI (Act) state SSA may appoint a report to SSA as required, SSA conducts payments, and who fail to comply with representative payee to receive Title II a face-to-face interview with the payee SSA’s statutory annual reporting benefits or Title XVI payments on behalf and completes Form SSA–624, requirement. of individuals unable to manage or Representative Payee Evaluation Report, direct the management of those funds to determine the continued suitability of Type of Request: Revision of an OMB- themselves. SSA requires appointed the representative payee to serve as a approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–624 ...... 267,000 1 30 133,500

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3. Medical Report on Adult with gather information to make a infection, who is applying for SSI Allegation of Human Immunodeficiency determination about an applicant’s disability benefits, meets the Virus Infection; Medical Report on claim for SSI payments; this procedure requirements for PD. The respondents Child with Allegation of Human is the Presumptive Disability (PD). SSA are the medical sources of the Immunodeficiency Virus Infection—20 uses Forms SSA–4814–F5 and SSA– applicants for SSI disability payments. CFR 416.933–20 CFR 416.934—0960– 4815–F6 to collect information Type of Request: Revision of an OMB- 0500. Section 1631(e)(i) of the Act necessary to determine if an individual authorizes the Commissioner of SSA to with human immunodeficiency virus approved information collection.

Average bur- Number of re- Frequency of den per re- Estimated total Modality of completion spondents response sponse annual burden (minutes) (hours)

SSA–4814–F5 ...... 18,750 1 8 2,500 SSA–4815–F6 ...... 120 1 10 20

Totals ...... 18,870 ...... 2,520

4. Complaint Form for Allegations of proceeding under this administrative discrimination; and (5) establish other Discrimination in Programs or Activities complaint process in connection with relevant information that would assist Conducted by the Social Security an SSA program or activity. Individuals in the investigation and resolution of Administration—0960–0585. SSA uses who believe SSA discriminated against the complaint. Respondents are Form SSA–437 to investigate and them on any of the above bases may file individuals who believe an SSA formally resolve complaints of a written complaint of discrimination. program or activity, or SSA employees, discrimination based on disability, race, SSA uses the information to: (1) Identify contractors or agents discriminated color, national origin (including limited the complaint; (2) identify the alleged against them. English language proficiency), sex discriminatory act; (3) establish the date (including sexual orientation and of such alleged action; (4) establish the Type of Request: Revision on an gender identity), age, religion, or identity of any individual(s) with OMB-approved information collection. retaliation for having participated in a information about the alleged

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–437 ...... 255 1 60 255

5. Statement for Determining States receiving SVB must report to SSA inability to manage benefits. SSA uses Continuing Entitlement for Special any changes that may affect their Form SSA–2010, to collect this Veterans Benefits (SVB)—0960–0782. benefits, such as: (1) A change in information. Respondents are SSA regularly reviews individuals’ mailing address or residence; (2) an beneficiaries living outside the United claims for Special Veterans Benefits increase or decrease in a pension, States collecting SVB. (SVB) to determine their continued annuity, or other recurring benefit; (3) a Type of Request: Revision of an OMB- eligibility and correct payment amounts. return or visit to the United States for Individuals living outside the United a calendar month or longer; or (4) an approved information collection.

Average Number of Frequency of burden per Estimated total Modality of completion respondents response response annual burden (minutes) (hours)

SSA–2010 ...... 1,799 1 20 600

Dated: June 14, 2016. DEPARTMENT OF STATE Budget (OMB) approval for the Naomi R. Sipple, information collection described below. [Public Notice 9610] Reports Clearance Officer, Social Security In accordance with the Paperwork Administration. 60-Day Notice of Proposed Information Reduction Act of 1995, we are [FR Doc. 2016–14443 Filed 6–17–16; 8:45 am] Collection: Statement of Material requesting comments on this collection BILLING CODE 4191–02–P Change, Merger, Acquisition, or from all interested individuals and Divestment of a Registered Party organizations. The purpose of this notice is to allow 60 days for public ACTION: Notice of request for public comment preceding submission of the comment. collection to OMB. SUMMARY: The Department of State is seeking Office of Management and

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DATES: The Department will accept this proposed collection, including the therefore, the total burden for this comments from the public up to August validity of the methodology and collection will be 3,400 hours per year. 19, 2016. assumptions used. Methodology: ADDRESSES: You may submit comments • Enhance the quality, utility, and This information will be collected by by any of the following methods: clarity of the information to be DDTC’s electronic case management • Web: Persons with access to the collected. system and respondents will certify the Internet may comment on this notice by • Minimize the reporting burden on data via electronic signature. going to www.Regulations.gov. You can those who are to respond, including the Dated: June 9, 2016. search for the document by entering use of automated collection techniques Lisa Aguirre, ‘‘Docket Number: DOS–2016–0042’’ in or other forms of information Managing Director, Directorate of Defense the Search field. Then click the technology. Trade Controls, Department of State. ‘‘Comment Now’’ button and complete Please note that comments submitted [FR Doc. 2016–14502 Filed 6–17–16; 8:45 am] the comment form. in response to this Notice are public BILLING CODE 4710–25–P • Email: DDTCPublicComments@ record. Before including any detailed state.gov. personal information, you should be • Regular Mail: Send written aware that your comments as submitted, DEPARTMENT OF STATE comments to: Directorate of Defense including your personal information, [Delegation of Authority No. 396] Trade Controls, Attn: Managing will be available for public review. Director, 2401 E St. NW., Suite H–1205, Abstract of proposed collection: Authority To Waive Section 907 of the Washington, DC 20522–0112. The Directorate of Defense Trade FREEDOM Support Act You must include the DS form Controls (DDTC), Bureau of Political- number (if applicable), information Military Affairs, U.S. Department of By virtue of the authority vested in collection title, and OMB control State, in accordance with the Arms the Secretary of State by the State number in any correspondence. Export Control Act (AECA) (22 U.S.C. Department Basic Authorities Act of FOR FURTHER INFORMATION CONTACT: 2751 et seq.) and the International 1956 (22 U.S.C. 2651a); the Assistance Direct requests for additional Traffic in Arms Regulations (ITAR) (22 for the Independent States of the Former information regarding the collection CFR parts 120–130), has the principal Soviet Union heading under Title II of listed in this notice, including requests missions of taking final action on the Foreign Operations, Export for copies of the proposed collection license applications and other requests Financing and Related Programs instrument and supporting documents, for defense trade transactions via Appropriations Act, 2002 (Pub. L. 107– to Steve Derscheid—Management commercial channels, ensuring 115), as delegated pursuant to E.O. Analyst, who may be reached at compliance with the statute and 12163, as amended by E.O. 13346; and [email protected]. regulations, and collecting various types delegated to me pursuant to Delegation of Authority 245–1, dated February 13, SUPPLEMENTARY INFORMATION: of reports. By statute, Executive Order, 2009, I hereby delegate to the Under • Title of Information Collection: regulation, and delegation of authority, Secretary for Political Affairs, to the Statement of Material Change, Merger, DDTC is charged with controlling the extent authorized by law, the authority Acquisition, or Divestiture of a export and temporary import of defense to make the determinations and Registered Party. articles, the provision of defense certification to extend the waiver of • OMB Control Number: None. services, and the brokering thereof, section 907 of the FREEDOM Support • Type of Request: New Collection. which are covered by the U.S. Act of 1992 (Pub. L. 102–511) with • Originating Office: Directorate of Munitions List. ITAR §§ 122.4 and 129.8 requires respect to Azerbaijan. Defense Trade Controls, Bureau of Any actions related to the functions Political Military Affairs, Department of registrants to notify DDTC in the event of a change in registration information described herein that may have been State (T/PM/DDTC). taken prior to the date of this delegation • Form Number: DS–7789. or if the registrant is a party to a merger, are hereby confirmed and ratified. Such • Respondents: Individuals and acquisition, or divestiture of an entity actions shall remain in force as if taken companies registered with DDTC and producing or marketing ITAR-controlled under this delegation of authority, engaged in the business of items. Based on certain conditions unless or until such actions are manufacturing, brokering, exporting, or enunciated in the ITAR, respondents rescinded, amended, or superseded. temporarily importing defense hardware must notify DDTC of these changes at differing intervals—no less than 60 days The authority delegated herein may or defense technology data. also be exercised by the Secretary, the • Estimated Number of Respondents: prior to the event, in the event that a foreign person is acquiring a registered Deputy Secretary, and the Deputy 1,700. Secretary for Management and • Estimated Number of Responses: entity, and/or within 5 days of its culmination. This information is Resources. 1,700. This delegation of authority will • necessary for DDTC to ensure Average Time per Response: 2 terminate on March 21, 2017. This registration records are accurate and to hours. delegation of authority does not • determine whether the transaction is in Total Estimated Burden Time: 3,400 supersede or otherwise affect any other compliance with the regulations (e.g. hours. delegation of authority currently in • Frequency: On occasion. with respect to ITAR § 126.1); assess the • effect. Obligation to Respond: Mandatory. steps that need to be taken with respect This delegation shall be published in We are soliciting public comments to to existing authorizations (e.g. transfers); the Federal Register. permit the Department to: and to evaluate the implications for U.S. • Evaluate whether the proposed national security and foreign policy. Dated: May 31, 2016. information collection is necessary for This information collection is Antony Blinken, the proper functions of the Department. estimated to take an average of 2 hours Deputy Secretary of State. • Evaluate the accuracy of our to execute, and DDTC expects to receive [FR Doc. 2016–14504 Filed 6–17–16; 8:45 am] estimate of the time and cost burden for approximately 1,700 responses per year; BILLING CODE 4710–23–P

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DEPARTMENT OF STATE • Originating Office: Directorate of of the forms used by DDTC have become Defense Trade Controls, Bureau of outdated. [Public Notice: 9609] Political Military Affairs, Department of This information collection will State (T/PM/DDTC). supersede forms DSP–5, DSP–6, DSP– 60-Day Notice of Proposed Information • Form Number: DS–7788. 61, DSP–62, DSP–71, and DSP–74 Collection: Application for the • Respondents: Individuals and which are currently used by DDTC. Permanent Export, Temporary Export, companies registered with DDTC and Over a period of several months, DDTC or Temporary Import of Defense engaged in the business of exporting or staff have revised and updated the data Munitions, Defense Services, and temporarily importing defense hardware collection fields to more closely mirror Related Technical Data or defense technology data. the needs of industry and federal • Estimated Number of Respondents: government partners. Moreover, DDTC ACTION: Notice of request for public 12,500. has acquired a new case management IT comment. • Estimated Number of Responses: solution to modernize its business 45,000. processes. As a part of this SUMMARY: The Department of State is • seeking Office of Management and Average Time per Response: 3 modernization process, licensing Budget (OMB) approval for the hours. operations will move from the current, • Total Estimated Burden Time: information collection described below. largely form-based submissions to an 135,000 hours. In accordance with the Paperwork • intuitive system which will allow both Frequency: On occasion. industry users and DDTC staff to Reduction Act of 1995, we are • Obligation to Respond: Required to requesting comments on this collection smoothly and securely navigate the obtain or retain benefits. submission and review process. In from all interested individuals and We are soliciting public comments to organizations. The purpose of this addition, DDTC has worked closely with permit the Department to: its interagency partners to construct this notice is to allow 60 days for public • Evaluate whether the proposed new licensing application to collate comment preceding submission of the information collection is necessary for with the International Trade Data collection to OMB. the proper functions of the Department. System (ITDS), a cornerstone of DATES: The Department will accept • Evaluate the accuracy of our President Obama’s export control reform comments from the public up to August estimate of the time and cost burden for initiative. Therefore, this information 19, 2016. this proposed collection, including the collection has been designed to both validity of the methodology and ADDRESSES: You may submit comments dovetail with the ITDS system in assumptions used. by any of the following methods: addition to achieving a higher level of • Web: Persons with access to the • Enhance the quality, utility, and clarity of the information to be usability and security for DDTC’s Internet may comment on this notice by current industry users. going to www.Regulations.gov. You can collected. • Methodology: search for the document by entering Minimize the reporting burden on those who are to respond, including the This information will be collected via ‘‘Docket Number: DOS–2016–0043’’ in electronic submission to the Directorate the Search field. Then click the use of automated collection techniques or other forms of information of Defense Trade Controls. In the case of ‘‘Comment Now’’ button and complete a major system outage, a continuity-of- the comment form. technology. • Please note that comments submitted operations plan has been developed to Email: DDTCPublicComments@ ensure submissions to DDTC can state.gov. in response to this Notice are public • record. Before including any detailed continue. A paper version of the form Regular Mail: Send written may be made available in cases of comments to: Directorate of Defense personal information, you should be aware that your comments as submitted, hardship or to those respondents who Trade Controls, Attn: Managing do not have internet access. Director, 2401 E St. NW., Suite H–1205, including your personal information, Washington, DC 20522–0112. will be available for public review. Dated: June 6, 2016. You must include the DS form Abstract of proposed collection: Lisa Aguirre, number, information collection title, The Directorate of Defense Trade Managing Director, Directorate of Defense and OMB control number in any Controls (DDTC), located in the Trade Controls, Department of State. correspondence. Political-Military Affairs Bureau of the [FR Doc. 2016–14501 Filed 6–17–16; 8:45 am] Department of State, has the principal BILLING CODE 4710–25–P FOR FURTHER INFORMATION CONTACT: mission of licensing the permanent Direct requests for additional export, temporary export, and information regarding the collection temporary import of defense articles, DEPARTMENT OF STATE listed in this notice, including requests defense services, and related technical for copies of the proposed collection data as enumerated in the United States [Public Notice: 9611] instrument and supporting documents, Munitions List (USML), and to ensure 60-Day Notice of Proposed Information to Steve Derscheid—Directorate of that the sale, transfer, or brokering of Defense Trade Controls, Department of Collection: Disclosure of Violations of such items are in the interest of U.S. the Arms Export Control Act State, who may be reached at national security and foreign policy. To [email protected]. this end, DDTC has historically utilized ACTION: Notice of request for public SUPPLEMENTARY INFORMATION: several form-based submissions to comment. • Title of Information Collection: collect information from applicants for Application for Permanent Export, export or temporary import licenses. SUMMARY: The Department of State is Temporary Export, or Temporary Import However, as new programmatic seeking Office of Management and of Defense Munitions, Defense Services, requirements have been promulgated, Budget (OMB) approval for the and Related Technical Data. whether in response to changing information collection described below. • OMB Control Number: None. geopolitical events, legislation, or In accordance with the Paperwork • Type of Request: New Collection. interagency requirements, many aspects Reduction Act of 1995, we are

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requesting comments on this collection • Evaluate the accuracy of our a disclosure to more easily track from all interested individuals and estimate of the time and cost burden for submissions. organizations. The purpose of this this proposed collection, including the Methodology: This information will notice is to allow 60 days for public validity of the methodology and be collected by electronic submission. comment preceding submission of the assumptions used. Dated: June 9, 2016. • collection to OMB. Enhance the quality, utility, and Lisa Aguirre, DATES: The Department will accept clarity of the information to be Managing Director, Directorate of Defense comments from the public up to August collected. Trade Controls, Department of State. • 19, 2016. Minimize the reporting burden on [FR Doc. 2016–14503 Filed 6–17–16; 8:45 am] ADDRESSES: You may submit comments those who are to respond, including the BILLING CODE 4710–25–P by any of the following methods: use of automated collection techniques • Web: Persons with access to the or other forms of information Internet may comment on this notice by technology. SURFACE TRANSPORTATION BOARD going to www.Regulations.gov. You can Please note that comments submitted search for the document by entering in response to this Notice are public [Docket No. AB 33 (Sub-No. 326X)] ‘‘Docket Number: DOS–2016–0041’’ in record. Before including any detailed Union Pacific Railroad Company— the Search field. Then click the personal information, you should be Abandonment Exemption—in Alameda ‘‘Comment Now’’ button and complete aware that your comments as submitted, County, Cal. the comment form. including your personal information, • Email: DDTCPublicComments@ will be available for public review. Union Pacific Railroad Company (UP) state.gov. Abstract of proposed collection: The has filed a verified notice of exemption • Regular Mail: Send written Directorate of Defense Trade Controls under 49 CFR pt. 1152 subpart F— comments to: Directorate of Defense (DDTC), located in the Political-Military Exempt Abandonments to abandon all Trade Controls, Department of State; Affairs Bureau of the Department of of its remaining trackage on Alameda 2401 E St. NW., Suite H1205, State, encourages voluntary disclosures Island in Alameda County, Cal. (the Washington, DC 20522. You must of violations of the Arms Export Control Line). The Line totals approximately 4.3 include the DS form number, Act (AECA) (22 U.S.C. 2751 et seq.), its miles and consists of five rail segments: information collection title, and the implementing regulations, the (1) UP’s Alameda Industrial Lead, from OMB control number in any International Traffic in Arms milepost 10.0 near Fruitvale to milepost correspondence. Regulations (ITAR) (22 CFR 120–130), 10.4 near Lincoln Jct.; (2) the Alameda FOR FURTHER INFORMATION CONTACT: and any regulation, order, license, or Industrial Lead from milepost 16.0 near Direct requests for additional other authorization issued thereunder. Mastic Jct. to milepost 18.2 near West information regarding the collection The information disclosed is analyzed Alameda; (3) the former South Pacific listed in this notice, including requests by DDTC to ultimately determine Coast Railway mainline from milepost for copies of the proposed collection whether to take administrative action 5.0 at West Alameda to milepost 6.1 at instrument and supporting documents, concerning any violation that may have Pacific Jct.; (4) the connection between to Steve Derscheid, Directorate of occurred. Voluntary disclosure may be the Alameda Industrial Lead at milepost Defense Trade Controls, Department of considered a mitigating factor in 18.0 and South Pacific Coast milepost State, who may be reached at determining the administrative 5.4 near West Alameda; and (5) track #7, [email protected]. penalties, if any, that may be imposed. the connection between the Alameda SUPPLEMENTARY INFORMATION: Failure to report a violation may result Belt Line near St. Charles Avenue and • Title of Information Collection: in circumstances detrimental to the U.S. the Alameda Industrial Lead at its Disclosure of Violations of the Arms national security and foreign policy milepost 16.5 near Constitution Way. Export Control Act. interests and will be an adverse factor The Line also includes all other UP • OMB Control No.: 1405–0179. in determining the appropriate ancillary, industrial, switching, siding, • Type of Request: Revision of a disposition of such violations. Also, the and spur trackage on Alameda Island Currently Approved Collection. activity in question might merit referral and traverses United States Postal • Originating Office: T/PM/DDTC. to the Department of Justice for Service Zip Codes 94501 and 94601.1 • Form No.: DS–7787. consideration of whether criminal UP has certified that: (1) No local • Respondents: Individuals and prosecution is warranted. In such cases, traffic has moved over the Line for at companies engaged in the business of DDTC will notify the Department of least two years; (2) no overhead traffic exporting or temporarily importing Justice of the voluntary nature of the has moved over the Line for at least two defense hardware or defense technology disclosure, but the Department of Justice years and, therefore, there is no need to data. reroute any traffic; (3) no formal • is not required to give that fact any Estimated Number of Respondents: weight. complaint filed by a user of rail service 12,500. ITAR § 127.12 enunciates the on the Line (or by a state or local • Estimated Number of Responses: information which should accompany a government entity acting on behalf of 1,500. such user) regarding cessation of service • Average Time per Response: 10 voluntary disclosure. Historically, respondents to this information over the Line either is pending with the hours. Surface Transportation Board (Board) or • Total Estimated Burden Time: collection submitted their disclosures to DDTC in writing via hard copy 15,000 hours. 1 In its combined environmental and historic • Frequency: On occasion. documentation. However, as part of an report, UP notes that because the Line was used in • Obligation To Respond: Voluntary. IT modernization project designed to electric interurban service from 1911 to 1940, it We are soliciting public comments to streamline the collection and use of appeared to have been reclassified by then-owner permit the Department to: information by DDTC, a discrete form Southern Pacific Railroad and viewed as an • unregulated switching spur. UP views the Line as Evaluate whether the proposed has been developed for the submission potentially falling under STB jurisdiction and is information collection is necessary for of voluntary disclosures. This will allow seeking exempt abandonment authority to clarify the proper functions of the Department. both DDTC and respondents submitting the record with regard to the Line.

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with any U.S. District Court or has been available through the Federal This action is categorically excluded decided in favor of complainant within Information Relay Service at (800) 877– from environmental review under 49 the two-year period; and (4) the 8339. Comments on environmental and CFR 1105.6(c). requirements at 49 CFR 1105.7(c) historic preservation matters must be By the Board, Chairman Elliott, Vice (environmental report), 49 CFR 1105.11 filed within 15 days after the EA Chairman Miller, and Commisioner (transmittal letter), 49 CFR 1105.12 becomes available to the public. Begeman. (newspaper publication), and 49 CFR Environmental, historic preservation, Decided: June 14, 2016. 1152.50(d)(1) (notice to governmental public use, or interim trail use/rail Raina Contee, agencies) have been met. banking conditions will be imposed, Clearance Clerk. As a condition to this exemption, any where appropriate, in a subsequent employee adversely affected by the decision. [FR Doc. 2016–14508 Filed 6–17–16; 8:45 am] abandonment shall be protected under Pursuant to 49 CFR 1152.29(e)(2), UP BILLING CODE 4915–01–P Oregon Short Line Railroad— shall file a notice of consummation with Abandonment Portion Goshen Branch the Board to signify that it has exercised Between Firth & Ammon, in Bingham & the authority granted and fully DEPARTMENT OF TRANSPORTATION Bonneville Counties, Idaho, 360 I.C.C. abandoned the Line. If consummation Federal Aviation Administration 91 (1979). To address whether this has not been effected by UP’s filing of condition adequately protects affected a notice of consummation by June 20, [Summary Notice No. 2016–71] employees, a petition for partial 2017, and there are no legal or revocation under 49 U.S.C. 10502(d) regulatory barriers to consummation, Petition for Exemption; Summary of must be filed. the authority to abandon will Petition Received; Florida Air Provided no formal expression of automatically expire. Transport Inc. intent to file an offer of financial Board decisions and notices are AGENCY: Federal Aviation assistance (OFA) has been received, this available on our Web site at Administration (FAA), DOT. exemption will become effective on July ‘‘WWW.STB.DOT.GOV.’’ 20, 2016, unless stayed pending ACTION: Notice. Decided: June 15, 2016. reconsideration. Petitions to stay that do SUMMARY: This notice contains a not involve environmental issues,2 By the Board, Rachel D. Campbell, Director, Office of Proceedings. summary of a petition seeking relief formal expressions of intent to file an Raina S. Contee, from specified requirements of title 14 OFA under 49 CFR 1152.27(c)(2),3 and of the Code of Federal Regulations. The Clearance Clerk. interim trail use/rail banking requests purpose of this notice is to improve the under 49 CFR 1152.29 must be filed by [FR Doc. 2016–14469 Filed 6–17–16; 8:45 am] public’s awareness of, and participation June 30, 2016. Petitions to reopen or BILLING CODE 4915–01–P in, the FAA’s exemption process. requests for public use conditions under Neither publication of this notice nor 49 CFR 1152.28 must be filed by July 11, SURFACE TRANSPORTATION BOARD the inclusion or omission of information 2016, with the Surface Transportation in the summary is intended to affect the Board, 395 E Street SW., Washington, [Docket No. EP 290 (Sub-No. 5) (2016–3)] legal status of the petition or its final DC 20423–0001. disposition. A copy of any petition filed with the Quarterly Rail Cost Adjustment Factor Board should be sent to UP’s DATES: Comments on this petition must representative: Jeremy M. Berman, 1400 AGENCY: Surface Transportation Board. identify the petition docket number and must be received on or before July 11, Douglas St., #1580, Omaha, NE 68179. ACTION: Approval of rail cost adjustment 2016. If the verified notice contains false or factor. misleading information, the exemption ADDRESSES: Send comments identified is void ab initio. SUMMARY: The Board has approved the by docket number FAA–2016–6698 UP has filed a combined third quarter 2016 Rail Cost Adjustment using any of the following methods: environmental and historic report that Factor (RCAF) and cost index filed by • Federal eRulemaking Portal: Go to addresses the effects, if any, of the the Association of American Railroads. http://www.regulations.gov and follow abandonment on the environment and The third quarter 2016 RCAF the online instructions for sending your historic resources. OEA will issue an (Unadjusted) is 0.842. The third quarter comments electronically. environmental assessment (EA) by June 2016 RCAF (Adjusted) is 0.356. The • Mail: Send comments to Docket 24, 2016. Interested persons may obtain third quarter 2016 RCAF–5 is 0.337. Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey a copy of the EA by writing to OEA DATES: Effective Date: July 1, 2016. (Room 1100, Surface Transportation Avenue SE., Room W12–140, West FOR FURTHER INFORMATION CONTACT: Board, Washington, DC 20423–0001) or Building, Ground Floor, Washington, Pedro Ramirez, (202) 245–0333. Federal by calling OEA at (202) 245–0305. DC 20590–0001. Information Relay Service (FIRS) for the • Assistance for the hearing impaired is Hand Delivery or Courier: Take hearing impaired: (800) 877–8339. comments to Docket Operations in 2 The Board will grant a stay if an informed SUPPLEMENTARY INFORMATION: Room W12–140 of the West Building, decision on environmental issues (whether raised Additional information is contained in Ground Floor at 1200 New Jersey by a party or by the Board’s Office of Environmental the Board’s decision, which is available Avenue SE., Washington, DC, between Analysis (OEA) in its independent investigation) on our Web site, http://www.stb.dot.gov. cannot be made before the exemption’s effective 9 a.m. and 5 p.m., Monday through date. See Exemption of Out-of-Serv. Rail Lines, 5 Copies of the decision may be Friday, except Federal holidays. I.C.C. 2d 377 (1989). Any request for a stay should purchased by contacting the Office of • Fax: Fax comments to Docket be filed as soon as possible so that the Board may Public Assistance, Governmental Operations at 202–493–2251. take appropriate action before the exemption’s Affairs, and Compliance at (202) 245– Privacy: In accordance with 5 U.S.C. effective date. 3 Each OFA must be accompanied by the filing 0238. Assistance for the hearing 553(c), DOT solicits comments from the fee, which is currently set at $1,600. See 49 CFR impaired is available through FIRS at public to better inform its rulemaking 1002.2(f)(25). (800) 877–8339. process. DOT posts these comments,

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without edit, including any personal the inclusion or omission of information 91.151(b), 91.405(a), 91.407(a)(1), information the commenter provides, to in the summary is intended to affect the 91.409(a)(2), 91.417(a)(b), and 91.1501. http://www.regulations.gov, as legal status of the petition or its final Description of Relief Sought: The described in the system of records disposition. petitioner is requesting relief in order to notice (DOT/ALL–14 FDMS), which can DATES: Comments on this petition must operate the RMAX helicopter for be reviewed at http://www.dot.gov/ identify the petition docket number and agricultural uses (202 pounds, including privacy. must be received on or before July 11, payload). Docket: Background documents or 2016. [FR Doc. 2016–14452 Filed 6–17–16; 8:45 am] comments received may be read at ADDRESSES: Send comments identified BILLING CODE 4910–13–P http://www.regulations.gov at any time. by docket number FAA–2015–6746 Follow the online instructions for using any of the following methods: accessing the docket or go to the Docket • Federal eRulemaking Portal: Go to DEPARTMENT OF TRANSPORTATION Operations in Room W12–140 of the http://www.regulations.gov and follow Federal Aviation Administration West Building Ground Floor at 1200 the online instructions for sending your New Jersey Avenue SE., Washington, comments electronically. [Summary Notice No. PE–2016–76] DC, between 9 a.m. and 5 p.m., Monday • Mail: Send comments to Docket through Friday, except Federal holidays. Operations, M–30; U.S. Department of Petition for Exemption; Summary of FOR FURTHER INFORMATION CONTACT: Transportation (DOT), 1200 New Jersey Petition Received; Cable News Alphonso Pendergrass, Federal Aviation Avenue SE., Room W12–140, West Network CNN Administration, 800 Independence Ave, Building Ground Floor, Washington, DC AGENCY: SW., Washington DC 20591. email Federal Aviation 20590–0001. Administration (FAA), DOT. [email protected], phone • Hand Delivery or Courier: Take (202) 267–4713. comments to Docket Operations in ACTION: Notice. This notice is published pursuant to Room W12–140 of the West Building SUMMARY: This notice contains a 14 CFR 11.85. Ground Floor at 1200 New Jersey summary of a petition seeking relief Issued in Washington, DC, on June 10, Avenue SE., Washington, DC, between 9 from specified requirements of Title 14 2016. a.m. and 5 p.m., Monday through of the Code of Federal Regulations. The Dale Bouffiou, Friday, except Federal holidays. purpose of this notice is to improve the • Fax: Fax comments to Docket Deputy Director, Office of Rulemaking. public’s awareness of, and participation Operations at 202–493–2251. Petition For Exemption Privacy: In accordance with 5 U.S.C. in, the FAA’s exemption process. Neither publication of this notice nor Docket No.: FAA–2016–6698. 553(c), DOT solicits comments from the public to better inform its rulemaking the inclusion or omission of information Petitioner: Florida Air Transport. in the summary is intended to affect the Section(s) of 14 CFR Affected: process. DOT posts these comments, without edit, including any personal legal status of the petition or its final §§ 125.287 and 125.291. disposition. Description of Relief Sought: Florida information the commenter provides, to DATES: Air Transport requests an exemption to http://www.regulations.gov, as Comments on this petition must permit an appropriately qualified and described in the system of records identify the petition docket number and authorized National Designated Pilot notice (DOT/ALL–14 FDMS), which can must be received on or before July 11, Examiner (NDPER) to conduct pilot be reviewed at http://www.dot.gov/ 2016. proficiency check rides when an FAA privacy. ADDRESSES: Send comments identified Docket: Background documents or Inspector is unavailable to perform pilot by docket number FAA–2015–1851 comments received may be read at proficiency check rides. using any of the following methods: http://www.regulations.gov at any time. • Federal eRulemaking Portal: Go to [FR Doc. 2016–14451 Filed 6–17–16; 8:45 am] Follow the online instructions for http://www.regulations.gov and follow BILLING CODE 4910–13–P accessing the docket or go to the Docket the online instructions for sending your Operations in Room W12–140 of the comments electronically. West Building Ground Floor at 1200 • DEPARTMENT OF TRANSPORTATION Mail: Send comments to Docket New Jersey Avenue SE., Washington, Operations, M–30; U.S. Department of Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday Transportation (DOT), 1200 New Jersey through Friday, except Federal holidays. Avenue SE., Room W12–140, West [Summary Notice No. PE–2016–75] FOR FURTHER INFORMATION CONTACT: Dan Building Ground Floor, Washington, DC Ngo, (202) 267–4264, 800 Independence Petition for Exemption; Summary of 20590–0001. Avenue SW., Washington, DC 20591. • Petition Received; BOSH Precision Hand Delivery or Courier: Take This notice is published pursuant to Agriculture, LLC dba Digital Harvest comments to Docket Operations in 14 CFR 11.85. Room W12–140 of the West Building AGENCY: Federal Aviation Issued in Washington, DC, on June 13, Ground Floor at 1200 New Jersey Administration (FAA), DOT. 2016. Avenue SE., Washington, DC, between 9 ACTION: Notice. Lirio Liu, a.m. and 5 p.m., Monday through Director, Office of Rulemaking. Friday, except Federal holidays. SUMMARY: This notice contains a • Fax: Fax comments to Docket summary of a petition seeking relief Petition for Exemption Operations at 202–493–2251. from specified requirements of Title 14 Docket No.: FAA–2015–6746. Privacy: In accordance with 5 U.S.C. of the Code of Federal Regulations. The Petitioner: BOSH Precision 553(c), DOT solicits comments from the purpose of this notice is to improve the Agriculture, LLC dba Digital Harvest. public to better inform its rulemaking public’s awareness of, and participation Section(s) of 14 CFR Affected: 21 and process. DOT posts these comments, in, the FAA’s exemption process. 137, and 14 CFR 61.113(a), 91.7(a), without edit, including any personal Neither publication of this notice nor 91.103, 91.109, 91.119, 91.121, information the commenter provides, to

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http://www.regulations.gov, as In accordance with the requirements Lending Programs in Communities described in the system of records of the PRA, the OCC may not conduct Targeted for Revitalization. notice (DOT/ALL–14 FDMS), which can or sponsor, and the respondent is not OMB Control No.: 1557–NEW. be reviewed at http://www.dot.gov/ required to respond to, an information Type of Review: Regular. privacy. collection unless it displays a currently Abstract: Under the proposed Docket: Background documents or valid Office of Management and Budget bulletin, national banks and federal comments received may be read at (OMB) control number. The OCC is savings associations wishing to establish http://www.regulations.gov at any time. soliciting PRA-related comment a program for originating certain owner- Follow the online instructions for concerning a new information collection occupied residential mortgage loans accessing the docket or go to the Docket titled, ‘‘Description: Risk Management where the loan-to-value (LTV) ratio at Operations in Room W12–140 of the Guidance for Higher Loan-to-Value origination exceeds 100 percent in West Building Ground Floor at 1200 Lending Programs in Communities communities targeted for revitalization New Jersey Avenue SE., Washington, Targeted for Revitalization’’ (bulletin). should have policies and procedures DC, between 9 a.m. and 5 p.m., Monday DATES: You should submit written approved by their Board of Directors through Friday, except Federal holidays. comments by July 20, 2016. (Board), or an appropriately designated committee, that address the loan FOR FURTHER INFORMATION CONTACT: Dan ADDRESSES: Because paper mail in the Ngo, (202) 267–4264, 800 Independence Washington, DC area and at the OCC is portfolio management, underwriting, Avenue SW., Washington, DC 20591. subject to delay, commenters are and other relevant considerations for This notice is published pursuant to encouraged to submit comments by such loans. The bulletin advises that 14 CFR 11.85. email, if possible. Comments may be banks also should notify the appropriate OCC supervisory office in writing at Issued in Washington, DC, on June 13, sent to: Legislative and Regulatory 2016. Activities Division, Office of the least 30 days prior to the date the bank intends to begin originating residential Lirio Liu, Comptroller of the Currency, Attention: loans pursuant to an approved program Director, Office of Rulemaking. 1557–NEW, 400 7th Street SW., Suite 3E–218, mail stop 9W–11, Washington, or implementing any substantive change Petition for Exemption DC 20219. In addition, comments may to a previously submitted program and Docket No.: FAA–2015–1851. be sent by fax to (571) 465–4326 or by provide a copy of the approved policies Petitioner: Cable News Network CNN. electronic mail to [email protected]. and procedures to the OCC supervisory Section(s) of 14 CFR Affected: You may personally inspect and office. Affected Public: Businesses or other § 91.119(b)(c). photocopy comments at the OCC, 400 for-profit. Description of Relief Sought: The 7th Street SW., Washington, DC 20219. petitioner is requesting relief in order to Burden Estimates: Estimated Number For security reasons, the OCC requires of Respondents: 20. modify the requirements for submitting that visitors make an appointment to a written Plan of Activities to the local Estimated Burden per Respondent for inspect comments. You may do so by the First Year: Drafting Policies—200 FSDO prior to closed-set filming. The calling (202) 649–6700, or for persons petitioner is also requesting to be able hours; Documentation—10 hours per who are deaf or hard of hearing, TTY, quarter (i.e., 40 hours); Reporting—10 to fly the Fotokite Pro in congested areas (202) 649–5597. Upon arrival, visitors and closer than 500 feet to non- hours. will be required to present valid Total Estimated Annual Burden: participating persons, vessels, vehicles, government-issued photo identification and structures. 5,000 hours. and to submit to security screening in Frequency of Response: On occasion. [FR Doc. 2016–14453 Filed 6–17–16; 8:45 am] order to inspect and photocopy The OCC issued a 60-day Federal BILLING CODE 4910–13–P comments. Register notice regarding the collection All comments received, including on December 24, 2015, 80 FR 80458. attachments and other supporting The OCC received five comment letters DEPARTMENT OF THE TREASURY materials, are part of the public record on the information collection and subject to public disclosure. Do not requirements contained in the bulletin, Office of the Comptroller of the enclose any information in your one from a group of three trade Currency comment or supporting materials that associations, two from community you consider confidential or advocacy and homeownership non- Agency Information Collection inappropriate for public disclosure. profit organizations, one from a non- Activities; Proposed Information Additionally, please send a copy of profit research and policy organization, Collection; Submission for OMB your comments by mail to: OCC Desk and one from an individual. Review; Description: Risk Management Officer, 1557–NEW, U.S. Office of The trade associations believed that Guidance for Higher Loan-to-Value Management and Budget, 725 17th the required processes explained in the Lending Programs in Communities Street NW., #10235, Washington, DC proposed bulletin would be Targeted for Revitalization 20503, or by email to: oira submission@ disproportionately burdensome for a de AGENCY: Office of the Comptroller of the omb.eop.gov. minimus volume of activity and that it Currency (OCC), Treasury. FOR FURTHER INFORMATION CONTACT: would be impractical and unnecessary ACTION: Notice and request for comment. Shaquita Merritt, Clearance Officer, for banks to get board or committee (202) 649–5490, or for persons who are approval of detailed policies in addition SUMMARY: The OCC, as part of its deaf or hard of hearing, TTY, (202) 649– to quarterly reporting. continuing effort to reduce paperwork 5597, Legislative and Regulatory The OCC notes that existing and respondent burden, invites the Activities Division, Office of the regulations and guidelines permit an general public and Federal agencies to Comptroller of the Currency, 400 7th institution to make loans in excess of take this opportunity to comment on a Street SW., Washington, DC 20219. the supervisory loan-to-value (SLTV) new information collection, as required SUPPLEMENTARY INFORMATION: ratio on an individual basis under by the Paperwork Reduction Act of 1995 Title: Description: Risk Management specified conditions. The OCC is (PRA). Guidance for Higher Loan-to-Value revising the bulletin to clarify that it

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applies to residential mortgage loans should not add an additional layer of technology; and (e) Estimates of capital where the LTV ratio at origination supervision. or start-up costs and costs of operation, exceeds 100 percent. Accordingly, some Finally, one non-profit community maintenance, and purchase of services loans that exceed the SLTV ratio will be advocacy group explained that through to provide information. its experience working with financial outside the scope of the bulletin. Guidance: The text of the guidance 2 institutions, clients, and community Additionally, the OCC is amending the is as follows: bulletin to clarify that approval of the development organizations, it has program policies and procedures should determined that the burden of Description: Risk Management be by the board or ‘‘appropriately implementing this policy would be Guidance for Higher Loan-to-Value designated committee.’’ minimal. They suggested that if the Lending Programs in Communities The trade associations stated that the OCC’s policy contained in the draft Targeted for Revitalization information currently provided to bulletin avoids the unintended Summary banks’ internal risk management consequences of harming portfolio 1 structures should be sufficient to lending, then there would be no The Office of the Comptroller of the oversee this lending. The commenters burdens associated with this action. Currency (OCC) supports efforts by A second non-profit community asserted that the reporting requirements national banks and federal savings advocacy group noted the processes to should provide OCC with sufficient data associations (collectively, banks) to be developed by the banks to facilitate to track performance without requiring assist in the revitalization, stabilization, the goals of the draft bulletin should banks to make data system changes that or redevelopment (referred to in this make the analysis/approval processes of would be time-consuming and not cost- bulletin individually and collectively as the institutions’ policies commensurate effective. revitalization) of distressed The OCC does not intend that banks with the risk of the mortgages and the small volume of lending likely to take communities through responsible will be required to change their data residential mortgage lending. The OCC systems in order to offer a program place in each individual institution. The non-profit research and policy recognizes that banks and other parties under the bulletin. In describing the have expressed concern that depressed supervision of individual banks, the organization believed that the proposed collection of information is necessary housing values in certain distressed draft bulletin referred to consideration communities in the United States of ‘‘bank’s internal reporting.’’ After for the proper performance of the functions of the OCC and that the inhibit mortgage lending in these considering the comments suggesting communities. One way in which banks concern about the OCC’s anticipated information has practical utility. The individual commenter stated that can support revitalization efforts in data needs, the OCC has revised the the collection of information has no distressed communities is by offering bulletin to reiterate its intent to rely on practical utility in terms of supporting mortgage products for the purchase of, bank-maintained data and to clarify that long-term community revitalization or the purchase and rehabilitation of, the supervisory focus will be on because it sets new, unjustified one- to four-unit residential properties. information about program performance constraints on lending that contravene This bulletin provides guidance for and trends. the White House-led Neighborhood managing risks associated with The trade association commenters Revitalization strategy. programs in which residential mortgage also stated that excessive burdensome The OCC believes that the bulletin loans are originated where the loan-to- requirements undermine the goal of the encourages responsible, innovative value ratio (LTV) at origination exceeds proposed bulletin, which is to support lending and strikes an appropriate 100 percent (referred to in this bulletin bank efforts to make loans with LTVs balance between the desire to encourage as higher LTV loans). greater than 90% in communities mortgage financing in distressed targeted for revitalization. They communities and the risks such Note for Community Banks requested clarification that the OCC’s financing may present to banks and annual review is of the overall guidance This guidance applies to all OCC- mortgage loan borrowers. The programs supervised banks wishing to establish a set forth in the proposed bulletin, not contemplated by the bulletin offer individual bank programs. They believe program for originating higher LTV market-based solutions by private loans in communities targeted for the OCC should rely on regular exam lenders, and, therefore, should not cycles to determine the program’s revitalization. The guidance may offer contravene the White House’s an opportunity for community-focused continued viability and not subject the Neighborhood Revitalization Initiative, participating banks to another layer of banks to develop collaborative which involves federal programs. relationships with one another. Any supervision. Comments continue to be invited on: such arrangements should be consistent As noted above, the OCC is revising (a) Whether the collection of with the OCC’s paper entitled ‘‘An the bulletin to clarify that it applies to information is necessary for the proper Opportunity for Community Banks: residential mortgage loans where the performance of the functions of the Working Together Collaboratively’’ that LTV ratio at origination exceeds 100 OCC, including whether the information the OCC issued on January 13, 2015.3 As percent. In response to comments has practical utility; (b) The accuracy of noted in the paper, banks should take suggesting confusion about the annual the OCC’s estimate of the information care to ensure that any collaboration review, the OCC revised the bulletin to collection burden; (c) Ways to enhance with third parties is subject to effective clarify that the overall evaluation of the quality, utility, and clarity of the strategic planning, risk management, programs that will occur at least information to be collected; (d) Ways to annually will focus on banks’ programs minimize the burden of the collection and oversight. as a whole. Finally, the OCC is revising on respondents, including through the the bulletin to clarify that for the use of automated collection techniques 2 The OCC plans to issue this guidance in the supervision of individual banks, form of a bulletin directed to national banks and or other forms of information federal savings associations. examiners will monitor and evaluate a 3 Refer to OCC NR 2015–1 ‘‘Collaboration Can program offered by a bank during 1 Portfolio lending is lending retained for the Facilitate Community Bank Competitiveness, OCC scheduled supervisory activities, which lender’s own investment purposes. Says.’’

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Highlights revitalization efforts of distressed the level of funds invested in the 8 This bulletin provides guidance communities by offering their own loan property. The OCC believes that in some regarding the products. The value of the collateral in circumstances, a bank also can design a • circumstances under which banks communities where home values remain program to offer higher LTV loans in may establish programs to originate depressed often can present challenges to banks’ residential lending in part communities targeted for revitalization certain higher LTV loans. because of current supervisory loan-to- in a manner consistent with safe and • OCC’s supervisory considerations value (SLTV) limits. These SLTV limits sound lending practices and current regarding such programs. generally provide that owner-occupied regulations and guidelines. As described As described in this bulletin, the OCC residential loans with LTVs above 90 in the ‘‘Program Criteria’’ section of this will actively monitor and evaluate the percent should have appropriate credit bulletin, such loans may include loans programs established by banks, enhancement (e.g., mortgage insurance in eligible communities originated in including the performance of higher or readily marketable collateral). accordance with the bank program’s LTV loans. Additionally, at least Distressed sales, including short sales policies and procedures. Important annually, the OCC will assess the extent and foreclosures, have negatively elements of such a program are the to which banks’ collective programs are affected home values in these bank’s policies and procedures for contributing to the revitalization of communities. Further, in communities complying with the ability-to-repay eligible communities and whether banks with minimal sales activity, finding standard of Regulation Z 9 and the are adequately controlling the risks comparable property sales becomes bank’s separate underwriting standards associated with originating higher LTV challenging when appraisals or and approval processes for higher LTV loans. evaluations are required. All of these loans. Background factors contribute to buyers of distressed Bank lending under such a program properties experiencing difficulty may serve the credit needs of individual Home values in some U.S. securing adequate financing to cover the borrowers and the community, and the communities remain depressed, in part often substantial renovation costs bank may receive Community as a result of the financial crisis. These required to make the properties Reinvestment Act consideration depressed home values contribute to habitable. depending on the specifics of the financing difficulties being experienced The OCC recognizes that supporting program. The origination of higher LTV by creditworthy borrowers seeking long-term community revitalization may loans is not, however, without risk. home loans in those communities. necessitate responsible, innovative Using internal bank data, the OCC will As these communities work to lending strategies. One way in which monitor and evaluate the performance stabilize home ownership levels and banks can support revitalization efforts of a bank’s program loans and how a home values, the rehabilitation of is through lending within established bank’s program manages both risks to abandoned or distressed housing stock exceptions to the SLTV limits for the bank and its borrowers. For its is an important component of broader residential loans. Existing regulations aggregate assessment, which will occur efforts to strengthen communities. Local and guidelines already recognize that it at least annually, the OCC will evaluate governments, government-affiliated may be appropriate, in individual cases, the collective impact of programs entities, community-based for banks to make loans in excess of the offered by all banks in eligible organizations, financial institutions SLTV limits, based on support provided communities. In assessing the impact of (including banks), and others have by other credit factors.5 The regulations one or more programs in eligible developed creative solutions for some of and guidelines also recognize that banks communities, the OCC recognizes that these challenges. These solutions may provide for prudently underwritten revitalization efforts may be a multi-year include strategies for acquiring and exceptions for creditworthy borrowers undertaking. rehabilitating properties in communities whose needs do not fit within the banks’ I. Program Criteria targeted for revitalization. Community general lending policies, including groups, financial institutions (including SLTV limits, on a loan-by-loan basis A. Program Loan banks), non-profit organizations, and under certain conditions.6 These The proceeds of a program loan state and local entities, including land conditions include that the aggregate should be used to finance the purchase banks, are working together to develop amount of all loans in excess of the of,10 or purchase and rehabilitation of, and implement innovative residential SLTV limits (which includes higher an owner-occupied residential property mortgage financing to bring needed LTV loans) should not exceed 100 located in an eligible community. A lending to economically distressed percent of total capital, that the boards program loan should be a permanent areas. The efforts include providing of directors establish standards for first-lien mortgage with an LTV ratio at second-lien loans to finance reviewing and approving exception the time of origination that exceeds 100 rehabilitation costs, interest-rate loans, and that written justification percent, without mortgage insurance, discounts, and down payment and setting forth relevant credit factors readily marketable collateral, or other closing cost assistance. Additionally, accompany all approvals of exception the Federal Housing Administration, loans.7 Credit factors for these purposes 8 Id. Fannie Mae, and Freddie Mac all may include the borrower’s capacity to 9 The Dodd-Frank Wall Street Reform and currently offer rehabilitation financing.4 adequately service the debt, the Consumer Protection Act amended the Truth in In addition to participating in these borrower’s overall creditworthiness, and Lending Act to require creditors to make a reasonable, good faith determination of a and other third-party efforts, banks have consumer’s ability to repay a mortgage loan, absent expressed a desire to participate in 5 For national banks, refer to 12 CFR 34, appendix specified exceptions. Refer to 15 U.S.C. 1639c. The A to subpart D, ‘‘Interagency Guidelines for Real Consumer Financial Protection Bureau issued a 4 Programs include the Federal Housing Estate Lending Policies.’’ For federal savings final rule amending Regulation Z to implement Administration’s Limited 203(k) Rehabilitation associations, refer to 12 CFR 160.101, appendix to these ability-to-repay requirements, which became Mortgage Insurance Program, Fannie Mae 12 CFR 160.101, ‘‘Interagency Guidelines for Real effective January 1, 2014. Refer to 78 FR 6621, HomeStyle Renovation, and Freddie Mac Estate Lending Policies.’’ January 30, 2013. Construction Conversion and Renovation 6 Id. 10 An example is the purchase of a recently Mortgages. 7 Id. rehabilitated property.

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acceptable collateral. A program loan consider making program loans 12 and —there may be financial implications to also should have an original loan describe how the program loans are the borrower if the borrower seeks to balance of $200,000 or less and be intended to support revitalization efforts sell the property after rehabilitation originated under a program developed in the eligible community (e.g., how the and the sale price of such pursuant to this bulletin. origination of program loans is expected rehabilitated property is less than the For purposes of this bulletin to contribute to the normalization of a outstanding loan balance at the time • ‘‘rehabilitation’’ means the repairs distressed housing market). of such sale, and explain the • necessary to improve a property in amount, and the duration, of the implications. bank’s financial commitment to the substandard condition to a level • incentives that may be available to program. consistent with applicable building • qualifying borrowers (e.g., assistance or codes. A property is in ‘‘substandard limitation on the aggregate level of committed program loans as a grants for down payments, fees, and condition’’ when its present condition closing costs; at or below market interest endangers the health, safety, or well- percentage of tier 1 capital (as defined in 12 CFR 3.2), which should not exceed rates; or rewards for long-term being of the occupant(s) such that it occupancy) and home buyer education requires extensive repair for the 10 percent. • characteristics of program loans, or other counseling that may be property to be habitable. provided by or through the bank or its • including loan structure, credit terms, a ‘‘purchase and rehabilitation’’ interest rate and fees, and maximum third-party partners. • loan includes a loan that finances loan size, which should not exceed monitoring and internal reporting —the purchase of the property, plus the $200,000. requirements sufficient to: (1) Assess projected rehabilitation costs; or • underwriting standards and program performance and trends; and —the amount of a purchase approval processes for program loans, (2) inform the board, or appropriately consummated not more than six including appropriate documentation of designated committee, on at least a months before the date of the bank’s relevant credit factors and document quarterly basis of the aggregate dollar loan commitment, plus the projected retention standards. amount, and percentage of tier 1 capital, rehabilitation costs. • real estate appraisal and evaluation of committed program loans in relation Program loans do not include home criteria applicable to program loans.13 to the program limitations. • credit administration requirements equity loans, lines of credit, or D. Notice to the OCC refinancing loans. for program loans, including detailed guidelines regarding oversight of the The bank should notify the B. Eligible Community rehabilitation process, such as controls appropriate OCC supervisory office in An eligible community should be one over contracts, disbursements, writing at least 30 days before the bank that has been officially targeted for inspections, and project management. intends to begin originating program • revitalization by a federal, state, or compliance with all applicable laws loans or to make any substantive change municipal governmental entity or and regulations, including the ability-to- to a previously submitted program. agency, or by a government-designated repay and other requirements of 12 CFR Substantive changes may include the entity such as a land bank. 1026, anti-discrimination laws, and addition of a new eligible community, section 5 of the Federal Trade an increase in the financial commitment C. Program Policies and Procedures Commission Act. or duration of a program, or material • Existing regulations and guidelines content, form, and timing of changes to program loan characteristics require that each bank adopt and notice(s) the bank will provide in or underwriting standards. Such notice connection with program loans to should include maintain a general lending policy that • establishes appropriate limits and clearly inform the borrower that the date the bank’s board (or standards for extensions of credit that —the market value of a property appropriately designated committee) are secured by liens on or interests in securing a higher LTV loan is less approved the program policies and than the loan amount at origination. procedures. real estate or that finance building • construction or other improvements.11 —the market value of a rehabilitated a copy of the program policies and In addition to the general lending property likely will be less than the procedures. original loan amount upon policies developed pursuant to existing II. OCC Supervisory Considerations regulations and guidelines, banks completion of the rehabilitation. —the market value may continue to be should have specific policies and A. Supervision of Individual Banks less than the original loan amount procedures for program loans that are After receiving the bank’s notice to thereafter and for the duration of the the OCC, examiners will evaluate the approved by the board of directors, or loan. an appropriately designated committee, bank’s program to assess whether it is consistent with safe and sound lending and that address loan portfolio 12 Banks should retain documentation indicating: management, underwriting, and other (1) The eligible community is one targeted for practices and the guidelines outlined in relevant considerations. These policies revitalization by a government entity or agency; (2) this bulletin. Examiners’ assessment and procedures should include the specific revitalization criteria used by the will include reviewing the government entity or agency; and (3) the type of • provisions that address the financing and other support, if any, that the characteristics of program loans and • defined geographies of an eligible governmental entity or agency provides to the incentives, if available, to qualifying community where the bank will community. borrowers. 13 For all mortgage loan transactions based on an • standards for the underwriting, appraisal, banks should select and engage 11 collateral review, credit administration, For national banks, refer to 12 CFR 34, ‘‘Real appraisers with local market competency in valuing Estate Lending and Appraisals,’’ appendix A to the property securing a program loan. Similarly, and approval of program loans. subpart D, ‘‘Interagency Guidelines for Real Estate any evaluation, if applicable, should be credible • borrower notice(s). Lending Policies.’’ For federal savings associations, and consistent with safe and sound banking • monitoring and reporting refer to 12 CFR 160.101, ‘‘Real estate lending practices. Given the unique underwriting procedures for program loans. standards,’’ appendix to 12 CFR 160.101, considerations, banks should not use automated • ‘‘Interagency Guidelines for Real Estate Lending valuation models in connection with these process for ensuring compliance Policies.’’ programs. with all applicable laws and regulations.

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• financial commitment (as a dollar compliance with applicable laws communities. The OCC’s evaluations amount and a percentage of tier 1 pertaining to loans in delinquency.14 will consider, among other matters, the capital) and defined geographies for • bank’s internal reporting of program effect such programs have had on the originating program loans. performance and trends. housing markets and other economic • In connection with the evaluation of process to establish and document indicators in eligible communities community development consideration, targeted by the programs, whether the the bank’s program, examiners may if applicable, under the Community programs adequately control the various request clarification or changes to the Reinvestment Act. risks, and the general performance of bank’s policies and procedures before Banks with programs that are found to program loans. The OCC recognizes that the bank’s first origination of a program have unsatisfactory governance or it may take multiple years before loan or the bank’s making of any controls will be expected to undertake revitalization efforts in eligible substantive change to a previously corrective action in order to continue communities result in material changes. submitted program. Such requests may the lending activity in a safe and sound Based on these evaluations, the OCC include clarification or changes to manner. In addition, examiners may may amend or rescind this bulletin. Any ensure the program is consistent with review individual program loans to decision by the OCC to materially safe and sound lending practices. assess asset quality, credit risk, and amend or rescind this bulletin will Examiners also will monitor and consumer compliance. apply only to the origination of new higher LTV loans. Any loans originated evaluate the bank’s program during B. Overall Evaluation of Programs scheduled supervisory activities. that are consistent with this bulletin, or Examiner evaluations will include At least annually, the OCC will any subsequent revisions thereof, when consideration of the evaluate the extent to which banks’ made will not be deemed to be unsafe programs on the whole are contributing • and unsound solely because of any bank’s governance of the program to the revitalization efforts in eligible measurable amendment or rescission of and whether the program adequately this bulletin. manages the various risks. 14 Applicable laws may include (1) Regulation X, Dated: June 14, 2016. • performance of program loans and 12 CFR 1024, which provides mortgage servicing standards, including early intervention Stuart E. Feldstein, whether delinquent program loans are requirements and loss mitigation procedures and (2) Director, Legislative and Regulatory Activities managed and accurately classified Regulation Z, 12 CFR 1026, which establishes Division. requirements for including delinquency-related consistent with the OCC’s existing [FR Doc. 2016–14472 Filed 6–17–16; 8:45 am] guidance on delinquent loans and in information on the periodic statements required for residential mortgage loans. BILLING CODE 4810–33–P

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Part II

Department of Homeland Security

Coast Guard 46 CFR Parts 1, 2, 15, et al. Inspection of Towing Vessels; Final Rule

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DEPARTMENT OF HOMELAND III. Regulatory History ISM International Safety Management SECURITY A. Statutory Background ISO International Organization for B. Regulatory Background Standardization Coast Guard IV. Discussion of Comments and Changes kPa Kilopascals A. General Feedback on the NPRM LBP Length Between Perpendiculars B. Background and Need for Regulation LCG Longitudinal Center of Gravity 46 CFR Parts 1, 2, 15, 136, 137, 138, C. Organization, General Course, and LORAN Long Range Aid to Navigation 139, 140, 141, 142, 143, 144, and 199 Methods Governing Marine Safety lpm liters per minute [Docket No. USCG–2006–24412] Functions (Part 1) MISLE Marine Information for Safety and D. User Fees and Inspection Table (Part 2) Law Enforcement RIN 1625–AB06 E. Manning (Part 15) MMC Merchant Mariner Credential F. Certification/Definitions/Applicability MOU Memorandum of Understanding Inspection of Towing Vessels (Part 136) MTSA Maritime Transportation Security G. Vessel Compliance (Part 137) Act of 2002 AGENCY: Coast Guard, DHS. H. Towing Safety Management System NAMS National Association of Marine ACTION: Final rule. (TSMS) (Part 138) Surveyors I. Third-Party Organizations (TPOs) (Part NARA National Archives and Records SUMMARY: The Coast Guard is 139) Administration establishing safety regulations governing J. Operations (Part 140) NEC National Electrical Code the inspection, standards, and safety K. Lifesaving (Part 141) NICET National Institute for Certification in management systems of towing vessels. L. Fire Protection (Part 142) Engineering Technologies NFPA National Fire Protection Association We are taking this action because the M. Machinery and Electrical (Part 143) N. Construction and Arrangement (Part NPRM Notice of Proposed Rulemaking Coast Guard and Maritime 144) NRTL Nationally Recognized Testing Transportation Act of 2004 reclassified O. Miscellaneous Comments Laboratory towing vessels as vessels subject to P. Crew Endurance Management Systems NTSB National Transportation Safety Board inspection and authorized the Secretary (CEMS) NVIC Navigation and Vessel Inspection of the Department of Homeland Security Q. Economic Analysis Comments Circular to establish requirements for a safety V. Regulatory Analyses OCMI Officer in Charge, Marine Inspection management system appropriate for the A. Regulatory Planning and Review OIRA Office of Information and Regulatory Affairs characteristics, methods of operation, B. Small Entities C. Assistance for Small Entities OMB Office of Management and Budget and nature of service of towing vessels. D. Collection of Information OSHA Occupational Safety and Health This rule, which includes provisions E. Federalism Administration covering specific electrical and F. Unfunded Mandates Reform Act P.E. Professional Engineer machinery requirements for new and G. Taking of Private Property PFD Personal Flotation Device existing towing vessels, the use and H. Civil Justice Reform PIC Person in charge approval of third-party organizations, I. Protection of Children PPE Personal Protective Equipment and procedures for obtaining J. Indian Tribal Governments psi pounds per square inch RFA Regulatory Flexibility Act Certificates of Inspection, will become K. Energy Effects L. Technical Standards and 1 CFR Part 51 § Section effective July 20, 2016. However, certain M. Environment SAE Society of Automotive Engineers existing towing vessels subject to this SAMS Society of Accredited Marine rule will have an additional 2 years I. Abbreviations Surveyors before having to comply with most of its 2004 Act Coast Guard and Maritime SMS Safety Management System requirements. Transportation Act of 2004 SBA Small Business Administration SOLAS International Convention for the DATES: This final rule is effective July 2010 Act Coast Guard Authorization Act of Safety of Life at Sea, 1974, as amended 20, 2016. The incorporation by reference 2010 2012 Act Coast Guard and Maritime STCW Implementation of the Amendments of certain publications listed in the final to the International Convention on rule is approved by the Director of the Transportation Act of 2012 ABS American Bureau of Shipping Standards of Training, Certification and Federal Register on July 20, 2016. ABSG American Bureau of Shipping Group Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements ADDRESSES: Comments and material ABYC American Boat and Yacht Council TPO Third-party organization received from the public, as well as AED Automatic External Defibrillator TSAC Towing Safety Advisory Committee ANSI American National Standards documents mentioned in this preamble TSMS Towing Safety Management System Institute as being available in the docket, are part TVR Towing vessel record AWO American Waterways Operators of docket USCG–2006–24412 and are U.S.C. United States Code BLS Bureau of Labor Statistics available on the Internet by going to UWILD Underwater inspection in lieu of CEMS Crew Endurance Management http://www.regulations.gov, inserting drydocking System VCG Vertical Center of Gravity USCG–2006–24412 in the ‘‘Keyword’’ COI Certificate of Inspection box, and then clicking ‘‘Search.’’ VHF Very High Frequency COTP Captain of the Port VSL Value of a statistical life FOR FURTHER INFORMATION CONTACT: If DHS Department of Homeland Security VTS Vessel Traffic Service you have questions on this rule, call EPIRB Emergency Position Indicating Radio LCDR William Nabach, Project Manager, Beacon II. Executive Summary FAST Fatigue Avoidance Scheduling Tool CG–OES–2, Coast Guard, telephone A. Purpose and Authority 202–372–1386. FR Federal Register FRFA Final regulatory flexibility In 2004, Congress reclassified towing SUPPLEMENTARY INFORMATION: assessment vessels as vessels subject to inspection Table of Contents for Preamble gpm gallons per minute under part B of subtitle II of title 46, GRT Gross register tons I. Abbreviations HIPAA Health Insurance Portability and United States Code (U.S.C.), and II. Executive Summary Accountability Act of 1996 authorized the Secretary of Homeland A. Purpose and Authority HOS Hours of Service Security to establish requirements for B. Overview of Rule IMO International Maritime Organization the inspection of towing vessels, their C. Costs and Benefits IRFA Initial regulatory flexibility analysis possible use of safety management

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systems (SMS) and hours of service safety acceptable to the Coast Guard. of a COI, but the fee would be charged requirements for them. The legislative Alternatively, under the Coast Guard annually starting a year later. history, which pointed to the need for inspection option, routine inspections C. Costs and Benefits a ‘‘full safety inspection of towing would be conducted by the Coast Guard, vessels,’’ references two towing vessel providing an option for those operators This rule will affect approximately incidents involving a total of 19 deaths. who choose not to develop and 5,509 U.S. flag towing vessels engaged In September 2001, a towing vessel implement their own TSMS. in pushing, pulling, or hauling struck a bridge at South Padre Island, The rule also creates many new alongside, and the 1,096 companies that TX. The bridge collapsed, and 5 people requirements for design, construction, own or operate them. Towing vessels died when their cars or trucks went into equipment, and operation of towing not covered by this rule include towing the water. On May 26, 2002, a towing vessels. Those requirements are vessels inspected under subchapter I, vessel struck the I–40 highway bridge typically based on industry consensus work boats, and recreational vessel over the Arkansas River at Webber Falls, standards or existing Coast Guard towing vessels. OK. The bridge collapsed, and 14 requirements for similar vessels. To The estimate for total industry and net people died when their cars or trucks develop these requirements for towing government costs is $41.5 million went into the Arkansas River. 150 Cong. vessels, the Coast Guard started by annualized at a 7 percent discount rate Rec. H6469–01, 2004 WL 1630278; and publishing a notice in 2004 (69 FR over a 10-year period of analysis. The H.R. Conf. Rep. 108–617, 2004 78471) that asked questions and estimate for monetized benefits is $46.4 U.S.C.C.A.N. 936, 951. announced public meetings to seek million annualized at a 7 percent This final rule implements most guidance in implementing the 2004 Act discount rate, based on the mitigation of provisions of the Notice of Proposed provisions. We also worked with the risks from towing vessel accidents in Rulemaking (NPRM)(76 FR 49976, Aug. Towing Safety Advisory Committee terms of lives lost, injuries, oil spilled, 11, 2011) as proposed, but makes (TSAC), industry groups, and a and property damage. changes to address concerns of the contractor (ABSG Consulting—tasked Subtracting the annualized monetized public and industry expressed in with providing an industry analysis) to costs from the annualized monetized comments, as is explained below. This better gauge how to proceed with this benefits yields a net benefit of $4.9 rule is authorized and made necessary rulemaking. We evaluated existing million. We also identified, but did not by the Coast Guard and Maritime requirements for towing vessels monetize, other benefits from reducing Transportation Act of 2004 (2004 Act), (contained primarily in 46 CFR part 27 the risk of accidents that have secondary Public Law 108–293, 118 Stat. 1028 and subchapter I) to determine whether consequences of delays and congestions (Aug. 9, 2004), which made towing they were adequate for towing vessels on waterways, highways, and railroads. vessels subject to inspection. Six years and meet the intent of the 2004 Act. As later, the Coast Guard Authorization Act discussed in greater detail below, the III. Regulatory History of 2010 (2010 Act), Public Law 111–281, safety requirements in this final rule A. Statutory Background 124 Stat. 2905 (Oct. 15, 2010), directed align with industry consensus the Secretary to issue a notice of standards, and we consider it very likely The Coast Guard and Maritime proposed rulemaking and a final rule. that most towing vessels already comply Transportation Act of 2004 (2004 Act), with most of them. Public Law 108–293, 118 Stat. 1028 B. Overview of Rule We made several changes to our (Aug. 9, 2004), established new This rule creates a comprehensive proposal in the NPRM. We have authorities for towing vessels as follows: safety system that includes company clarified the system for Coast Guard The 2004 Act added ‘‘towing vessels’’ compliance, vessel compliance, vessel oversight and inspection of towing as a class of vessels that are subject to standards, and oversight in a new Code vessels that complements the TPO safety inspections. See section 415 of of Federal Regulations (CFR) subchapter system the Coast Guard proposed. To the 2004 Act, which amended section dedicated to towing vessels. This rule, address concerns about the cost impact 3301 of title 46 of the U.S.C. (46 U.S.C. which (with exceptions) generally of the rule, we have added 3301). The term ‘‘towing vessel’’ was applies to all U.S.-flag towing vessels 26 ‘‘grandfathering’’ provisions to several already defined in 46 U.S.C. 2101, and feet or more, and those less than 26 feet requirements, so the requirements will the scope and standards of safety moving a barge carrying oil or not apply to existing vessels or vessels inspections are laid out in 46 U.S.C. hazardous material in bulk, lays out whose construction began before the 3305. both inspection mechanisms as well as effective date of the rule. We also The 2004 Act also authorized the new equipment, construction, and reorganized several parts for greater Secretary of Homeland Security to operational requirements for towing clarity or to better align with the establish, by regulation, a safety vessels. existing text of other parts of the CFR. management system appropriate for the To provide flexibility, vessel Finally, as we noted in the NPRM (76 characteristics, methods of operation, operators will have the choice of two FR 49985), we still plan to promulgate and nature of service of towing vessels. inspection regimes. Under the Towing a separate rulemaking for an annual See Section 415 of the 2004 Act, Safety Management System (TSMS) inspection fee for towing vessels that which amended 46 U.S.C. 3306(j). option, routine inspections of towing will reflect the specific program costs B. Regulatory Background vessels will primarily be performed by associated with the TSMS and Coast third-party organizations (TPOs), Guard inspection options. Until then we On December 30, 2004, the Coast including certain classification are establishing the existing fee of Guard published a request for comments societies, and this rule creates a $1,030 in 46 CFR 2.10–101 for any and notice of public meetings titled framework for oversight and audits of inspected vessel not listed in Table ‘‘Inspection of Towing Vessels’’ in the such TPOs by the Coast Guard. The 2.10–101 as the annual inspection fee Federal Register (69 FR 78471). The TSMS will provide those operators with for towing vessels subject to subchapter notice asked seven questions regarding the flexibility to tailor their safety M. As reflected in 46 CFR 2.10–1(b), this how the Coast Guard should move management system to their own needs, fee would not be charged for a vessel forward with the rulemaking to while still ensuring an overall level of being inspected for the initial issuance implement the statutory provisions from

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the 2004 Act, listed above in section We also received several comments conducted by TSAC working groups. III.A. ‘‘Statutory background.’’ The from individuals and maritime For NPRM discussion of work by these Coast Guard then held four public companies that generally opposed the groups, see 76 FR 49978. Other meetings, one each in Washington, DC; proposed regulation. Some commenters commenters commended the Coast Oakland, CA; New Orleans, LA; and St. expressed concern that the elements of Guard’s efforts in incorporating Louis, MO. In addition to the comments the proposed rule would impose added suggestions provided by TSAC. One the Coast Guard received at the public cost burdens on business, which might commenter explained that a quote in the meetings, there were 117 comments lead to termination of positions. preamble, regarding the devastating submitted to the docket, which can be The Coast Guard acknowledges these impact that a TSMS can have on smaller found in docket USCG–2004–19977 at comments and concerns. However, we companies, was incorrectly attributed to http://www.regulations.gov. The Coast do not expect towing companies and the TSAC Economic Analysis Working Guard used the public input received to businesses to eliminate positions or Group. inform its development of the NPRM. downsize as a result of this rulemaking. The commenter, a trade association, On August 11, 2011, the Coast Guard See the Regulatory Analysis for our went on to explain that according to the published an NPRM titled ‘‘Inspection discussion of this issue. experience of its members, TSMSs have of Towing Vessels’’ in the Federal One comment agreed with the had a positive impact on the safety Register (76 FR 49976). The Coast Guard American Bureau of Shipping Group’s performance and success of many small then held four public meetings, one (ABSG’s) recommendation that a companies. each in Newport News, VA; New traditional, inspected vessel option be As we have previously noted, we Orleans, LA; St. Louis, MO; and Seattle, offered as an alternative for those greatly appreciate TSAC’s contributions WA. The comment period was open companies that did not maintain to the development of the NPRM. The until December 9, 2011. We received documentation of policies and quote we attributed to the TSAC and considered a combined total of procedures, and for those smaller Economic Working Group regarding the more than 3,000 comments from more companies who would not be able to devastating impact that a TSMS than 265 written submissions and oral implement a SMS. As we noted in the requirement can have on smaller statements from 105 persons at public NPRM (76 FR 49978), we contracted companies was taken from an earlier meetings. with ABSG Consulting in 2006 for version of the working group’s report; assistance with gathering data and the quote should have read ‘‘To conduct IV. Discussion of Comments and categorizing the vessels that make up internal audits on a large fleet, this may Changes the towing industry; see their report, mean hiring a full-time staff, including A. General Feedback on the NPRM which also contains recommendations, salary, training and travel costs. While in the docket, USCG–2006–24412–0017. large companies will spend more to For clarity, the following discussion We concur with the commenter and implement and maintain a SMS, of comments is sorted by topic, which the cited ABSG recommendation. As an however, the costs to a small company primarily corresponds to parts of the alternative to a TSMS, the proposed rule may be more difficult to absorb.’’ See CFR as noted in the Table of Contents. included the option of a Coast Guard page 4 of the TSAC Economic Analysis Parts 1 and 2 are in title 46 CFR inspection regime. We have kept both of Working Group Report, Dec. 16, 2008, subchapter A, part 15 is in subchapter these options in this final rule. document USCG–2006–24412–0007 in B, part 199 is in subchapter W, and all Citing an 80-page NPRM, more than the docket. We are not surprised by the other parts are in the newly created 2,000 pages of supporting statement that TSMSs have had a subchapter M. Where changes in documentation, and a short comment positive impact on the safety response to a comment led to changes period, one commenter requested an performance and success of safety outside the designated section or part, extension of the comment period so operators; we included TSMS as an we have noted it in the text. Within smaller operators can review how the option because we believe TSMSs will each topic of the rule, comments have proposed requirements would impact provide a positive impact on the safe been addressed in order of the section their businesses. The Coast Guard did operation of towing vessels. For data they applied to. When public not grant this request; we provided a supporting this assessment, see the submissions addressed multiple 120-day comment period, which is Regulatory Analysis for this final rule in sections of the proposed rule or it longer than our standard 90-day the docket. wasn’t clear what specific sections they comment period, and also held four One commenter recommended that addressed, we responded to their public meetings in that time. We believe rather than writing a costly new set of comments in the section that seemed there was sufficient opportunity to regulations, the Coast Guard should give most appropriate. In addition, we have comment on the NPRM. consideration to consolidating the rules made numerous changes through the already in place. The commenter regulatory text that are entirely non- B. Background and Need for Regulation recalled a voluntary program from a substantive and editorial in nature; for We received one comment noting that 2009 ‘‘United States Coast Guard example, changing ‘‘chapter’’ to the 2010 Act no longer exempted towing Requirements for Uninspected Towing ‘‘Chapter’’ or ‘‘onboard’’ to ‘‘on board’’ vessels of less than 200 tons engaged in Vessels’’ document that issued stickers in certain contexts to better conform to exploiting offshore minerals or oil from to vessels that had been reviewed for standard usage. 46 U.S.C. 8904 and regulations compliance with current regulations. We received several comments in promulgated under that authority, and The Coast Guard established the general support of the proposed therefore § 15.535(b) should be revised. voluntary Towing Vessel Bridging inspection regime, design standards, See section 606 of that Act. We agree Program in 2009 to ease the transition and SMS requirements for towing with the commenter that the exemption of towing vessels going from a status of vessels. Individuals and maritime is no longer valid and so we adopted the uninspected to inspected, and to ensure companies felt that the proposed commenter’s requested amendment to that both the Coast Guard and the regulation would serve to improve the § 15.535. towing vessel industry are informed and safety, security, and environmental We received comments from several prepared to meet requirements coming protection of towing vessel operations. commenters who supported the work from this Inspection of Towing Vessels

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rulemaking. As we noted in the NPRM, regulations are not based on risk. A added § 1.03–55 to address comments the Coast Guard considered existing company asserted that a risk-based on the appeals process for a company regulations but decided the standards or approach supported by towing vessel whose certificate is rescinded. See regulations found in other vessel casualty data should be the main section IV.H below. Our proposed inspection subchapters were not motivation behind the application and § 136.180 pointed to 46 CFR 1.03 for appropriate and did not fulfill the intent development of towing vessel safety those seeking to appeal, but we saw the of the 2004 Act. (76 FR 49987, Aug. 11, regulation. need to identify the Coast Guard official 2011.) The unique nature of the towing As reflected in discussions below or entity that appeals should be directed industry and towing operations regarding specific requirements, the to, including the appeal of matters warrants the development of new Coast Guard has used a risk-based relating to action of a third party, such standards and regulations that pertain approach in this rulemaking. We have as when a TPO rescinds a TSMS exclusively to towing vessels. In reviewed comments on cost and other certificate. addition to the TSMS, this final rule assumptions on which we based our D. User Fees and Inspection Table contains other towing vessel-specific proposed rule and have made changes (Part 2) provisions, including expansion of the when appropriate to ensure that this use of TPOs as part of the Coast Guard’s final rule is risk-based. For data Part 2 of 46 CFR is in subchapter A. TSMS-based, towing vessel inspection supporting this assessment, see the We received two comments regarding for certification regime. The Towing Regulatory Analysis for the final rule. user fees. An association asked the Vessel Bridging Program is a transition One commenter indicated that the Coast Guard to clarify whether those program based on voluntary Coast Guard’s Marine Safety Directorate choosing both the TSMS and the Coast compliance; it is not a substitute for a has not sought to help working Guard inspection options will have to comprehensive regulatory regime that mariners. The commenter praised pay whatever user fee is assessed in the addresses and enforces safety Congress for amending 46 U.S.C. 2114 final rule to recover the costs of the requirements for towing vessels that to protect a seaman against entire new towing vessel inspection Congress envisioned when it added discrimination if he or she testifies in a program. Another commenter asserted towing vessels to the list of vessels proceeding brought to enforce a that charging user fees to finance the subject to inspection. maritime safety law or regulation, or implementation of regulation that is not We received comments from engages in certain other actions risk-based will return little value to the individuals and maritime companies involving the seaman’s work, or industry. who disagreed with the need for the participates in a safety investigation by Under 46 U.S.C. 2110 and the Coast proposed regulations, either because the Department of Homeland Security or Guard’s regulations in 46 CFR subpart lack of vessel regulations were not the National Transportation Safety Board 2.10, the Coast Guard is required to cause of the problem or the proposed (NTSB). The commenter listed four charge a fee for services provided for regulations were not risk-based. Three areas where mariners’ safety, health, vessels required to have a Certificate of commenters noted that some casualties and welfare, in the commenter’s view, Inspection (COI). Subpart 2.10 fees, occur because of human error, not from were largely unprotected: Workplace however, do not apply to the initial a lack of regulation. One individual felt safety on uninspected dry cargo barges, issuance of a COI. that the Mississippi River accident in hearing protection and noise This fee for services must meet the 2008 was not a good example in support prevention, asbestos, and personal criteria of 31 U.S.C. 9701 (Fees and of additional regulation, because the protective equipment. The same charges for Government services and accident was caused by irresponsible commenter urged Congress to transfer things of value) to be fair and based on behavior of the pilot. authority over workplace inspection, the cost to the government, the value of The Coast Guard recognizes that drafting safety regulations, and the service being provided, the public human error is the cause of some requiring proper maintenance of barges policy served, and other relevant facts. casualties and that no amount of from the Occupational Safety and The Office of Management and Budget regulations will eliminate human error. Health Administration (OSHA) to the (OMB) Revised Circular A–25 explains To the extent we are able, however, we Coast Guard. This commenter also that full program costs should be have attempted to adopt regulations that recommended areas in which the NPRM recovered by fees charged. help ensure the safe operation of towing should be revised to promote workplace In our NPRM, the Coast Guard stated vessels, including some regulations safety and health regulations, including its intent to establish a user fee, as intended to address factors related to training of Coast Guard inspectors in required by law, for those vessels human error. A fully functional safety OSHA-workplace-safety regulations and required to comply with subchapter M, management system, such as a TSMS, is the use of personal protective and indicated that this user fee would continuously updated and evolving equipment. be established through a separate based on the non-conformities observed The Coast Guard notes the rulemaking process that would and the lessons learned as a result of commenter’s concern; the commenter’s commence on or around publication of reviewing incidents—including those specific suggested revisions to the this final rule. The Coast Guard also related to human error. The TSMS regulations proposed in the NPRM are committed to not inspecting towing option should help ensure that towing addressed below where we discuss 46 vessels or issuing COIs to towing vessels vessels are operated more safely and in CFR part 140, Operations, which until user fees were established. (76 FR full compliance with the TSMS and includes subparts on crew safety and 49985, August 11, 2011.) regulations in subchapter M. The Coast safety and health, and other parts We still plan to promulgate a separate Guard inspection option may provide addressed by this commenter. rulemaking for an annual inspection fee less frequent feedback to vessel specifically for towing vessels, under operators and crew, but it too is C. Organization, General Course, and the authority in 46 U.S.C. 2110 and 31 intended to ensure compliance with Methods Governing Marine Safety U.S.C. 9701, that will consider the regulations in subchapter M. Functions (Part 1) specific program costs associated with Two commenters, an individual and a In our NPRM, we did not propose to the TSMS and Coast Guard inspection towing company, felt that the amend part 1, but in this final rule we options. However, until that time the

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Coast Guard is establishing the existing certification regulations, and other may differ from one operation to fee of $1,030 stated in 46 CFR 2.10–101 towing vessels to Table 2.01–7(a). another. As with other inspected as the annual inspection fee for towing vessels, this is a vessel-specific E. Manning (Part 15) vessels subject to subchapter M, for any determination made by the cognizant inspected vessel not listed in Table We received approximately 40 OCMI. 2.10–101. As reflected in 46 CFR 2.10– comments that addressed the issue of The Coast Guard believes the 1(b), this annual inspection fee will not manning. Part 15 of 46 CFR is in requested change to § 15.820(a)(3) is be charged for an initial COI inspection, subchapter B. already addressed through existing but the fee will be charged annually We received several comments stating regulations. For inspected vessels 300 starting a year later. Once this final rule that the Coast Guard should require gross tons and above that operate on becomes effective, the Coast Guard will minimum crew manning levels. One inland waters, 46 CFR 15.820(a)(3) apply the existing annual fee listed in commenter said wheelhouse manning is requires the vessel to have an individual 46 CFR 2.10–101, Table 2.10–101 as a concern due to the shortage of with a license or the appropriate ‘‘Any inspected vessel not listed in this qualified individuals holding the merchant mariner credential (MMC) table’’ to subchapter M vessels other appropriate merchant mariner officer endorsement if the OCMI than those already separately listed in credential, especially with the determines that such credentials are the Table. Since all vessels subject to retirement age approaching for many necessary for the person responsible for subchapter M will be considered currently qualified individuals. A the vessel’s mechanical propulsion. For inspected vessels and required to obtain maritime company said the minimum purposes of towing vessels, however, COIs, regardless of whether the TSMS manning level should be included in the the applicable subchapter B definition option is chosen, all subchapter M COI. Another commenter noted in of ‘‘inland waters’’ excludes the Western vessels receiving COIs will be charged response to COI requirements proposed Rivers. See 46 CFR 10.107. Therefore, an annual inspection fee as outlined in part 136 that this regulation should § 15.820(a)(3) does not apply to a towing above. clarify the number of required vessel when it is operating on Western User fees charged by the Coast Guard crewmembers and allow the towing Rivers, a term also defined in § 10.107. under 46 U.S.C. 2110 do not directly vessel to be operated by a single Based on a recent survey of the Coast finance Coast Guard operations and thus crewmember in certain circumstances. Guard’s Marine Information for Safety user fees do not finance the In accordance with 46 CFR 15.501, and Law Enforcement (MISLE) database, implementation of the regulations. the Coast Guard will specify the we have concluded that most inland OMB’s Revised Circular A–25 explains minimum manning for each towing towing vessels 300 gross tons or above that user fees are intended to offset the vessel in all of the vessel’s areas of operate on the Western Rivers. Those cost of providing services to specific operation on the vessel’s COI, including towing vessels operating on inland beneficiaries. international and domestic operations. waters beyond the Western Rivers may Regarding the comment about the lack We note that Officers in Charge, Marine be required to have a credentialed of value of a user fee to finance the Inspection (OCMIs) will review individual responsible for the vessel’s implementation of a non-risk-based operational details of the vessel and mechanical propulsion based on a regulation, we have used a risk-based work with companies to make decisions vessel-specific assessment conducted by approach in developing this rulemaking on vessel manning which could indicate the cognizant OCMI. and have made changes from the various levels of manning based on The Coast Guard believes changes to proposed rule taking into account specific routes and service of the towing 33 CFR 155.710(e) that would allow the commenters concerns to ensure that this vessel when determining the number of use of a letter-of-designation for an final rule continues to rely on risk-based required crewmembers for a towing inspected towing vessel are not analysis. vessel. We do not envision an warranted. The requirements of 33 CFR appreciable increase in the number of 155.710(e)(1) apply to all inspected Other Certification Changes qualified individuals needed to man vessels required by 46 CFR chapter I to In the NPRM we stated we would inspected towing vessels. The influence have an officer aboard, including towing amend the table in subchapter I—and in of market forces on the number of vessels that become inspected vessels other subchapters—that identified individuals seeking to become under this rule. Congress made towing inspection and certification regulations credentialed operators is beyond the vessels a class of vessels subject to applicable to vessels. Our intended scope of this rulemaking. inspection, and we have no evidence amendments to those tables were to Several commenters opposed any that towing vessels are less likely to reflect changes for towing vessels change to the current manning levels spill oil than the other inspected vessels introduced by subchapter M (see required for towing vessels, and some already subject to § 155.710(e)(1). We discussion in 76 FR 49979, August 11, commenters recommended specific also see value in uniform requirments 2011). Since the NPRM was published, changes to several sections currently in for inspected vessels conducting the however, in a separate rulemaking (79 the CFR, such as 33 CFR 155.710(e) and same activities. We note, however, that FR 58270, 58272, September 29, 2014) 46 CFR 15.810(b) and 15.820(a)(3), to existing § 155.130 provides for the Coast Guard removed tables in 46 avoid inadvertent changes to the exemptions from compliance with the CFR 24.05–1, 70.05–1, 90.05–1, and manning or credentialing requirements requirement if authorized by the COTP 188.05–1. Those tables replicated a table given the Coast Guard’s statement in the or OCMI for reasons such as economic in 46 CFR part 2 dedicated to inspection NPRM that ‘‘we are not proposing to or physical impracticality. We therefore regulations and thus were not necessary. change any of the current manning believe that adequate flexibility already Rather than add to the 7-column, 7- levels required for towing vessels’’ (76 exists in Part 155 to accommodate any page table in 46 CFR 2.01–7(a), we have FR 49990, Aug. 11, 2011). unexpected consequences of towing amended the text before and after the As previously stated, the Coast Guard vessels becoming subject table instead. These amendments direct will make a vessel-specific assessment § 155.710(e)(1). towing vessels to a new paragraph (b), of the manning required for a given The Coast Guard believes changes to which directs those subject to this rule vessel’s operations. The minimum 46 CFR 15.810(b), in order to exempt to subchapter M for inspection and manning required for safe operations towing vessels subject to subchapter M

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from the requirements for a minimum Amendments to the International the master must observe applicable law number of mariners holding a license or Convention on Standards of Training, and regulations, and the manning MMC officer endorsement as mate Certification and Watchkeeping for specified by the Coast Guard on the required to be carried on certain Seafarers, 1978, and Changes to vessel’s COI when performing that role. inspected vessels, are not warranted. Domestic Endorsements (STCW) (78 FR We note that under § 140.210, the Towing vessels are one of the several 77796, Dec. 24, 2013). master must ensure that adequate classes of vessels that are authorized to As the authority issuing the vessel’s corrective action is taken when he or use a two-watch system and, as a result, COI, the cognizant OCMI is required by she encounters unsafe conditions. The additional mates are unnecessary to law to stipulate the manning for an COI issued by the Coast Guard will comply with this level of manning. inspected vessel. See 46 U.S.C. 3309 specify the minimum manning for the Some commenters urged the Coast and 8101, 33 CFR 1.01–20, and 46 CFR vessel under normal operating Guard to adopt TSAC’s 2006 2.01–5 and 15.501. She or he can take conditions and the master must adhere recommendations to amend proposed a variety of factors into consideration to the provisions of the COI. See 46 CFR 15.535 to incorporate a baseline when determining the safe manning for § 140.210(a)(1). The towing vessel requirement for a safe watch a vessel, including recommendations master and the TSMS should identify complement. This was intended to from the owner or managing operator. In when, and if, additional personnel are avoid confusion about the minimum some cases, existing law or regulations needed on board the towing vessel. manning that will be required on towing specify the minimum manning for a During flood or low water conditions, vessel COIs and the role of the TSMS in particular voyage, area of operation, or for example, the master may specify that crewing decisions. vessel service. See e.g., 46 U.S.C. 8301 additional crew members are needed. Consistent with our NPRM preamble and 46 CFR 15.610. In this final rule, 46 We received some comments statement that we were not proposing to CFR 15.535 would set one such requesting that the Coast Guard clarify change any of the current manning minimum. An OCMI may specify a level and resolve differences in language levels required for towing vessels, we of manning above those minimums between § 15.535 and language in the modeled our proposed § 15.535 after specified by law if such a level is STCW Supplemental NPRM that § 15.610, which addresses towing vessel warranted to safely operate the vessel. proposed to amend § 15.610. master and mate (pilot) requirements on See 46 U.S.C. 8301(d)(2) and 46 CFR As noted above, the STCW final rule uninspected vessels. But as noted above 15.501. A vessel’s safety management has been published, and we have in section IV.B, we made a change in system can identify situations where amended the text in § 15.535(c) to match § 15.535 from what we proposed in the additional manning may be warranted the current § 15.610(b). There was a NPRM. To reflect the 2010 Act’s (such as high water conditions) but it slight variation in wording between amendment to 46 U.S.C. 8905, we made cannot specify a level of manning below § 15.535(c) as originally proposed and a conforming amendment to § 15.535(b) the minimum established by the OCMI § 15.610(b). to remove an non-applicability reference at any time. Further, our proposed § 15.535(c) to certain towing vessels of less than We received some comments stating specified that the towing vessel ‘‘be 200 gross register tons engaged in that the language used in § 15.535(c) under the control of an officer who exploiting offshore minerals or oil. concerning towing vessels in pilotage holds a first class pilot’s license or While reviewing proposed § 15.535 in waters on the Lower Mississippi River endorsement for that route, or who response to a comment discussed above, is not clear. One commenter said it meets’’ requirements related to the type we noted the need to remove a reference would be useful to define the of barge being towed. The current to vessels engaged in assistance towing geographical limits of the ‘‘pilotage § 15.610(b) specifies that the towing because the applicability of § 15.535 waters of the Lower Mississippi River’’ vessel be under the control of an officer does not include vessels engaged in in § 15.535(c). Another commenter said meeting that section’s requirements for assistance towing. Further, we revised the language should be the same as that a towing vessel of 26 feet or more in paragraph (a) to more clearly state used in § 15.610(b). length and that that officer hold ‘‘a first- which vessels are subject to § 15.535, to The Coast Guard agrees with these class pilot’s endorsement for that route specify the vessels not subject to comments and has changed the text in or MMC officer endorsement for the subchapter M that must meet § 15.535(c) to match the current text of Western Rivers, or’’ that the officer requirements § 15.535(b), and to note § 15.610(b), except for necessary meets the requirements for a towing that all towing vessels subject to organizational changes and to specify vessel of 26 feet or more in length and § 15.535 must also meet requirements in that the evidence should be provided to the requirements based on the type of § 15.535(c). Finally, we inserted the Coast Guard. The pilotage waters of barge being towed. Consistent with the clarifying edits and paragraph headings the Lower Mississippi River are commenters’ recommendations, we in § 15.535 to make it easier to read and described in a notice of designated areas have amended § 15.535 to conform to understand, and in both §§ 15.535 and published December 26, 1996 (61 FR the current version of § 15.610. 15.610 we clarified that the officer in 68090). Also, because we added § 15.535 to charge of the vessel must provide the Some commenters said crew size address vessels subject to subchapter M, evidence to the Coast Guard. should be dictated by the size and needs we inserted a paragraph at the beginning Also, we made changes to § 15.535 to of the vessel. One commenter said the of § 15.610 to limit that section to ensure consistency in the nomenclature vessel master must have the final say on towing vessels not subject to subchapter introduced by the Consolidation of the crew requirements. A towing M. Applicability exceptions in Merchant Mariner Qualification company said it is important that the subchapter M explain that some towing Credentials final rule (74 FR 11196, minimum manning requirements vessels at least 8 meters in length will Mar. 16, 2009), and to § 15.610 to ensure account for different vessel operations still be subject to § 15.610. We made that this section refers to the remaining (e.g., crew of three for ship assist work necessary organizational changes to uninspected towing vessels. Our in-harbor versus crew of six for offshore § 15.610 to reflect our insertion of this changes also reflect the recent trips). new paragraph. amendments made by the final rule While the master has a role in An individual recommended that in entitled Implementation of the ensuring the proper manning of a vessel, addition to the towing vessel being

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operated by a properly licensed master, excludes certain vessels from the F. Certification/Definitions/ our rule should require at least one crew licensed-master-or-mate requirement, by Applicability (Part 136) member to be documented with deleting the reference to vessels engaged Applicability preferably an ‘‘Able Bodied’’ seaman’s in the offshore mineral and oil industry. rating. The commenter noted his marine This amendment to § 15.535(b), which We received some comments work experience and seeing members of now only exempts vessels engaged in supporting the Coast Guard’s decision to a construction crew assigned to handle assistance towing from the licensed- defer consideration to a subsequent the lines when a towing evolution was master-or-mate requirement, conforms rulemaking of requirements for towing needed. He stated that the skills and this final rule to Public Law 111–281’s vessels less than 26 feet in length, towing vessels used solely for assistance knowledge of construction workers do amendment to 46 U.S.C. 8905. not always overlap with those required towing, and work boats operating of seamen. One commenter expressed concern exclusively within a work site and We did not propose the change about the words ‘‘not to include over performing intermittent towing within a suggested by this commenter and would time’’ in the definition of ‘‘day’’ in work site. Several commenters want to receive comments before existing 46 CFR 10.107 and that expressed support for the concept of making the suggested change. But we section’s computation of service hours excepted vessels but felt that are confident that the manning on vessels less than 100 gross register clarification is needed with regard to the requirements in § 15.535 and tons (GRT). The commenter stated that range of fleet and harbor service requirements in § 140.210 for reporting work-hour abuses occur, especially on operations that fall under this term. and addressing unsafe conditions vessels of less than 100 GRT, because a Others suggested that some aspects of provide assurances that lines will be day of work is considered 8 hours. Also, the equipment requirements, like properly handled during towing overtime is not counted toward sea distress flares and additional lifebuoys, evolutions. We have not made a change service. The commenter recommends could be removed from the rule. from the proposed rule based on this that this loophole be removed. In our definition of ‘‘excepted vessel’’ in § 136.110, we make reference to comment. In the proposed regulatory text of the We received one comment saying that harbor-assist, but we define that term in NPRM, we did touch on 46 CFR chapter our rulemaking seeks to address issues addition to ‘‘limited geographic area’’ I, subchapter B, Merchant Marine such as a ‘‘man overboard’’ situation, and we believe those definitions are Officers and Seamen, but we did not but such situations are innately linked sufficiently clear to identify the range of to minimum safe manning of a vessel. propose any changes to 46 CFR part 10, harbor service operations that fall under The commenter asked how a licensed Merchant Mariner Credential, where 46 these terms. We had included a towing officer at the helm is expected to CFR 10.107 is located. Related to this reference to a fleeting area as an safely and successfully recover a single comment, we note that Section 607 of example of a limited geographic area in deckhand from the water should the the 2010 Act, which amended 46 U.S.C. our proposed definition of ‘‘excepted deckhand go overboard during routine by introducing additional logbook and vessel,’’ but, as discussed below in this operations. entry requirements in 46 U.S.C. 11304, section (IV.F), we removed that and We have addressed requirements for included entries for the ‘‘number of other examples for the separately lifesaving equipment, arrangements, hours in service to the vessels of each defined term ‘‘limited geographic area.’’ systems, and procedures on towing seaman and each officer.’’ We would Also, we amended the reference to vessels in Section IV.K of this preamble, need a separate rulemaking to fully vessels that may be included by the ‘‘Lifesaving,’’ and lifesaving regulations implement section 607 of the 2010 Act, cognizant OCMI in this definition by are located in part 141 of subchapter M. which involves hours of service; that identifying the requirements and When specifying the minimum rulemaking could apply to more than reasons the OCMI must consider before complement of officers and crew just towing vessels. treating a vessel as an excepted vessel necessary for the safe operation of the We amended a regulation, 46 CFR for purposes of some or all of the vessel, the OCMI is called on to 15.815(c), that requires a radar observer requirements listed. The Coast Guard has not subjected consider emergency situations such as a endorsement for masters or mates excepted vessels to certain requirements person overboard. See 46 CFR 15.501. onboard an uninspected towing vessel One commenter pointed out that in part 142 for fire protection 26 feet or longer by removing the word language used in § 15.535 in the NPRM equipment, and certain requirements for ‘‘uninspected.’’ When that regulation regarding an exception for certain new vessels in part 143 for alarms and towing vessels was eliminated by was issued, most towing vessels were monitoring, general alarms, section 606 of the 2010 Act. uninspected, and § 15.815(a) covered communication, fuel shutoff, additional As noted above in response to a towing vessels 300 GRT or more that fuel system requirements for existing comment addressed in section IV.B, were inspected. Because most towing vessels, and electrical power sources, section 606 of Public Law 111–281 did vessels 26 feet or longer will become generators, and motors, and electrical strike the paragraph in 46 U.S.C. 8905 inspected once this rule becomes overcurrent protection. We have that exempted vessels of less than 200 effective, we are making this conforming considered a commenter’s request to gross tons ‘‘engaged in the offshore amendment to 46 CFR 15.815(c). This also not require excepted vessels to mineral and oil industry if the vessel change is consistent with our § 15.815 comply with distress flare and has offshore mineral and oil industry towing-vessel specific enabling statute, additional lifebuoy requirements but sites or equipment as its ultimate 46 U.S.C. 8904(a), which distinguishes decline to do so because the factors used destination or place of departure’’ from towing vessels purely on length, not to except these vessels do not reduce the 46 U.S.C. 8904 requirements and whether they are inspected or need for flare and lifebuoy regulations promulgated under 46 uninspected. Because § 15.815(c) requirements. U.S.C. 8904. This statutory change was already requires this radar observers’ In § 141.375, we have a more precise not reflected in our proposed rule. endorsement on uninspected towing exception regarding distress flares and Accordingly, we made a conforming vessels, there is no anticipated cost do not require that they be carried on amendment to § 15.535(b), which associated with this change. vessels operating in a limited

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geographic area on a short run limited while not as direct—provides a measure and manning for towing vessels. See 33 to approximately 30 minutes away from of risk control. U.S.C. 1203 and 1223a, and 46 U.S.C. the dock. Also, we have reviewed our We agree that a change from the 8904 and 70114. We find no perfect lifebuoy requirements in § 141.360 proposed rule is necessary to clarify that length for measuring risk, but we based on the request to not require vessels less than 26 feet are not exempt believe 26 feet is the best breakpoint to additional lifebuoys of excepted vessels, from the requirements of this use at this time in our transitioning of but have not adopted this suggested rulemaking when towing a barge the uninspected towing vessel fleet into change because some excepted vessels, carrying oil. In proposed § 136.105, an inspected fleet. for example, towing vessels used for when identifying exceptions to We received one comment supporting response to an emergency, need to have applicability, we made clear that towing the exception for workboats that do not on board the lifebuoys required under vessels less than 26 feet that push, pull, engage in commercial towing for hire § 141.360. Also, we noted our use of the or haul a ‘‘barge that is carrying but perform intermittent towing within term ‘‘excepted towing vessel,’’ instead dangerous or hazardous material’’ a worksite. A contracting company of ‘‘excepted vessel,’’ in part 143. We would not be excluded from subchapter agreed that increased equipment have clarified part 143 by making all M applicability. In the NPRM, we did requirements are not needed for job site proposed references to ‘‘excepted not define the term ‘‘dangerous or boats. Two individuals suggested that towing vessel,’’ consistent with the term hazardous material’’ but in the preamble the exception should be simplified, we defined, ‘‘excepted vessel.’’ we did describe our limitation on the such as by including a mileage Some commenters did not agree with less-than-26-feet exemption by stating limitation. A company recommended a our exception of towing vessels less this rule does not apply to towing slight expansion of the exception to than 26 feet for several reasons, vessels less than 26 feet in length cover workboats going to or from the including smaller vessels being given an ‘‘unless towing a barge carrying oil or worksite. unfair competitive advantage, the fact other dangerous or combustible cargo in The Coast Guard disagrees with the that such vessels may be engaging in bulk.’’ To make this intent clear in the recommendation to include a mileage commercial work, and a concern about regulatory text of the final rule, we have limitation or expand the exception, and regulatory avoidance. adopted the defined term ‘‘oil or believes the terms ‘‘worksite’’ and Our exemption for towing vessels less hazardous material in bulk,’’ to replace ‘‘workboat’’ are adequately defined in than 26 feet in length is intended to the term ‘‘dangerous or hazardous § 136.110. The OCMI will make provide for an incremental application material’’ in § 136.105(a). determinations of the boundaries and of inspection status to the towing vessel Also, to clarify that only one form of limitations of worksites within the fleet and is consistent with the hazardous material needs be carried to OCMI’s zone. The OCMI will evaluate recommendations of TSAC. We note trigger applicability, we changed the unique operating conditions and here that we made edits in § 136.105 to ‘‘materials’’ to the singular, ‘‘material,’’ hazards of the area and determine the ensure that the exemptions in that throughout the final rule. Also, we risks and mitigating factors necessary to section are clearly stated. Specifically amended the definition of ‘‘oil or support such operations. regarding our meter approximation of 26 hazardous material in bulk’’ by inserting A commenter requested that we treat feet, we changed ‘‘(8 meters)’’ to the ‘‘to carry cargoes’’ in its reference to workboats engaged in oil spill response more precise approximation of ‘‘(7.92 being certified under subchapters D or activities as exempt, just as we exempt meters).’’ Also we corrected the O to better reflect the nature of the workboats operating in a worksite. threshold for vessels subject to certifications. The Coast Guard has already included subchapter I. Other companies supported the less- an exception for towing vessels engaged An individual noted that towing than-26-foot exception. One commenter in emergency or pollution response in vessels should be measured end-to-end acknowledged that the Coast Guard our definition of ‘‘excepted vessels’’ in at actual length, and another commenter could address smaller towing vessels in § 136.110. We do not intend to provide suggested that the size of tow should be a future rulemaking. An individual a general exemption to oil spill response used to determine exempt vessels. thought the exception should apply to vessels from these rules. Instead, the Another individual recommended that even longer vessels (up to 32 or 40 feet OCMI may designate a pollution the exemption should be based on a in length) because such vessels are too response area as a worksite which combination of length, displacement, small to do any serious towing, and a would afford a towing vessel the and shaft horsepower in order to remove company agreed and stated that all its opportunity to be exempt from the incentive to use short, high-power shipyard and harbor service vessels subchapter M while it is operating tugs to circumvent Coast Guard were 34 feet or longer. exclusively in the worksite if it qualifies inspections. A commenter suggested a As noted above, the Coast Guard as a workboat under § 136.105(a)(3). clarification that towing vessels less approach in transitioning the This is consistent with the Coast than 26 feet in length are not exempt if uninspected towing vessel fleet into an Guard’s intent to provide inspection they move barges carrying oil. inspected status is to do so standards to certain vessels based on For methods of measuring towing incrementally over time. Based on our risk and consistent with the vessels, the Coast Guard sees no reason analysis of risk and a specific recommendations of TSAC. This rule to deviate from the statutory standard in recommendation provided by TSAC,1 exempts certain types of vessels from 46 U.S.C. 8904(a) which is reflected in we proposed that subchapter M apply to subchapter M, and relieves other types 46 CFR 15.535 and 136.105: Length vessels 26 feet and above. This length of vessels, excepted vessels, from measured from end to end over the deck standard has been used in various certain equipment requirements due to (excluding the sheer). We considered statutes to establish requirements for the nature of their service. We have the suggestion of using size of tow or a radiotelephones, automatic made no changes from the proposed combination of length, displacement, identification systems, electronic charts, rule based on this comment. and shaft horsepower as a way to Two commenters suggested adding determine applicability, but we believe 1 ‘‘Report of the Working Group on Towing Vessel language to our worksite exception in using the length of the towing vessels is Inspection,’’ p. 6, submitted to TSAC on September § 136.105(a)(3) to include ‘‘maneuvering a more manageable approach which— 29, 2005. a tank barge on and off of a drydock or

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cleaning dock’’ to the ‘‘intermittent industry. An individual noted that small vessels of 300 gross tons or more that towing’’ covered in the worksite; and companies cannot afford to create and are subject to subchapter I, we would others recommended that we amend our implement a TSMS and would depend proceed with a separate rulemaking. We ‘‘excepted vessel’’ definition in on the Coast Guard to provide yearly would look at accident data after this § 136.110 to include moving vessels on inspections and guidance. Other rule becomes effective before proposing and off drydocks and to and from individuals and a State government such a rule. cleaning docks, or shifting vessels recommended that the Coast Guard We are considering the suggestion within a limited geographic area, or should develop a model TSMS that that we amend form CG–3752, including a full range of activities would be easy for small companies to Application for Inspection of U.S. commonly performed by towing vessels adopt. Another individual opposed Vessel, to add a block to indicate which in a limited geographic area. having optional provisions in a option the towing vessel owner or The Coast Guard sees no need for regulation. A commenter pointed out managing operator is using. For now, we these recommended changes. Our that current form CG–3752, Application recommend using the ‘‘Other (Indicate)’’ workboat exception in § 136.105(a)(3) for Inspection of U.S. Vessel, should be box—e.g., ‘‘Towing Vessel (TSMS covers the activity the commenter revised to add a block for indicating option)’’ or ‘‘Towing Vessel (CG requests we add. Also, our definition of which option is being used for the Inspection option).’’ ‘‘excepted vessel’’ in § 136.110 includes towing vessel. We received some comments from towing vessels operating ‘‘within a As we noted in the NPRM (76 FR towing or dredging companies limited geographic area.’’ Excepted 49979), the NTSB and TSAC have suggesting exemption from the entire vessels could include towing vessels strongly supported a TSMS, and the rule for certain vessels, such as all moving vessels on and off drydocks and approach is supported by the existing vessels, vessels under 79 feet, to and from cleaning docks. But we have International Safety Management (ISM) vessels under 200 gross tons, or vessels left this determination to the discretion Code. The NTSB disagreed with our operating on inland and harbor routes. of the cognizant OCMI, to be made on applicability exception for seagoing One company argued that construction/ a case-by-case basis. towing vessels of 300 gross tons or more dredge tugs on the Great Lakes should We received a very large number of subject to the provisions of subchapter be considered for exceptions. Another comments, particularly from I because currently under 33 CFR part company requested an exception for commenters in the American Waterways 96 only vessels measuring more than vessels that work as towing vessels less Operators (AWO) Responsible Carrier 500 gross tons and operating on than 10 percent of the year. A small Program (RCP), that expressed the belief international voyages are required to company with an 18-foot tow vessel and that the TSMS should be required for all have SMS and the subchapter M a 33-foot barge that carries less than towing companies and should not be regulation does not apply to the 22 10,000 gallons of diesel requested an optional. Proponents argued that the seagoing towing vessels of 300 gross exception. Some commenters suggested TSMS is flexible and scalable, would tons or more already inspected in that vessels used to move passenger create consistency, and addresses accordance with regulations for cargo barges should be specifically excluded. human error, the leading cause of and miscellaneous vessels in 46 CFR One company recommended that a towing vessel accidents. Some of the subchapter I. The NTSB encouraged the committee should be formed to examine commenters favored having a third- Coast Guard to extend the SMS which regulatory provisions are party audit option and conservation of requirement to these seagoing vessels by appropriate for particular vessels. Coast Guard resources. A maritime requiring SMS on all seagoing towing The Coast Guard does not believe that company stated that the savings vessels of 300 gross tons or more. broad exemptions from the requirement accruing from a robust TSMS will far The Coast Guard believes the of these rules would serve the intended outweigh any associated cost of traditional annual inspection regime we goal of improving safety in the towing development and implementation. One offer as an option to all towing vessels vessel industry. The Coast Guard seeks company observed that a TSMS gives a subject to subchapter M will provide a balance between a tiered company the ability to adjust its system necessary measures to ensure implementation of towing vessel safety through lessons learned and continuous compliance with subchapter M rules to vessels with the greatest risk improvement, rather than complying requirements and enable us to detect and a prudent exemption of with a set of standards once a year. non-compliance. applicability to towing vessels with less Commenters stated that the Coast Guard The Coast Guard notes the NTSB potential risk to life, property and the should not make the TSMS optional concerns and acknowledges that not all environment. because of concern about costs; instead seagoing towing vessels subject to One commenter suggested exemptions the Coast Guard should eliminate subchapter I are required to comply for towing vessels operating on inland requirements that are not justified by with SMS requirements in 33 CFR part and harbor routes not engaged in risk analysis. One commenter warned, 96, subpart B, for vessels on transporting petroleum products. In however, that a TSMS is not a substitute international voyages. That applicability particular, they argued that the TSMS for an inspection. threshold of the 500 gross tons reflects and towing vessel record (TVR) We received many other comments an international standard from the requirements should only apply to that supported retaining the option of International Convention for the Safety vessels that tow oil and hazardous inspection by the Coast Guard. of Life at Sea, 1974, as amended material, or are over 79 feet and 2,000 Proponents favored the flexibility (SOLAS) for vessels subject to Chapter HP. provided by having the option, the IX of SOLAS, Management of the Safe The Coast Guard disagrees. As we reduced administrative burden of the Operation of Ships. In general, the Coast note in our earlier discussion of part 136 Coast Guard inspection, cost efficiency Guard supports all towing vessels being comments, the Coast Guard does not for small businesses, and the fact that subject to a robust and well-functioning intend to create exemptions for all types the Coast Guard already has a successful safety management system. Should the of inland towing operations, or to inspection program. An association has Coast Guard decide to extend SMS provide exemptions for particular areas favored a traditional Coast Guard requirements to all vessels subject to without cause. We note, however, that inspection program for the towing subchapter M, or to seagoing towing under § 136.230 the OCMI may consider

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route-specific requirements of risks and seeks to apply them to all performing required tasks’’ in paragraph subchapter M when designating a towing vessels subject to this rule. The (1)(iii) of the proposed definition of permitted route. additional variations necessitated by the ‘‘audit,’’ because there is no definition Regarding the TSMS requirement, it is type and area of operation can be for ‘‘required task.’’ optional. In this final rule, the only accommodated by a TSMS. The Coast Guard partially agrees with vessels required to maintain a TSMS are An association questioned whether the first comment. Not all towing those that choose the TSMS option. A ‘‘Lugger Tugs,’’ towing vessels that carry vessels will operate in accordance with TSMS, however, may benefit every type cargo, would be inspected as towing a TSMS. Under § 138.225, some vessels of towing vessel regardless of its service vessels or as offshore supply vessels. may meet TSMS requirements by routes, vessel length, or vessel One individual urged the Coast Guard to complying with ISM Code requirements horsepower. For more details on this, ensure consistency in regulatory of 33 CFR part 96 or some other SMS see the discussion in section IV.B and enforcement and fairness for all vessels. that the Coast Guard has accepted and the RA for the final rule (in the docket). The Coast Guard notes that towing deemed to meet subchapter M TSMS As for the TVR requirement, the vessel vessels that carry cargo for hire, or requirements. Rather than adopting the owner or managing operator has the conduct other regulated activities—such suggested edit, we deleted ‘‘planned option of maintaining it electronically as carrying passengers for hire, would arrangements’’ in favor of or on paper, and for towing vessels with likely be subject to regulations ‘‘requirements’’ and have made clear a TSMS, the required records may be contained in other subchapters. Vessels what requirements we intend to be maintained in another record specified engaged in two (or more) separate covered by our § 136.110 definition of by the TSMS. It is essential for maritime regulated activities are referred to as ‘‘audit’’ by specifying ‘‘TSMS or other safety that data we require in § 140.915 being in ‘‘dual (or multiple) service.’’ applicable SMS planned arrangements.’’ be recorded. We discuss the TVR Towing vessels that want to conduct In response to the ‘‘required task’’ requirement, and the various forms it activities other than just towing need to comment, the Coast Guard has edited may take, in more detail in our seek approval from the OCMI issuing the definition of ‘‘audit’’ in § 136.110 by discussion of part 140 comments. the COI. The Coast Guard provides replacing the term ‘‘required tasks’’ with We received one comment that guidance to all OCMIs to help ensure ‘‘specific tasks within their assigned favored applying the rule to vessels consistency in regulatory enforcement duties,’’ in paragraph (1)(iii) and towing oil and providing harbor assist to and fairness for all vessels. In the ‘‘specific tasks’’ with ‘‘their assigned large ships, applying a less costly example of a towing vessel carrying duties’’ in paragraph (1)(ii). We used the system to other vessels, and clarifying cargo, that vessel meets the definition term ‘‘duties’’ which is used in exemptions. Many commenters agreed for two vessel types and would have to § 138.220(b)(2) to describe training for that rules designed for offshore or ocean meet additional requirements to carry operational duties and duties associated routes or large rivers were not cargo on the towing vessel. Numerous with the execution of the TSMS. appropriate for vessels in canals, parameters, including vessel ’’Authorized Classification Society’’ harbors, or shallow rivers. The characteristics and the operations commenters opposed a one size fits all conducted by the vessel, would We received a comment from a approach, and noted that Congress determine under which vessel type the classification society requesting that the intended different standards for various vessel would be inspected. Coast Guard delegate the inspection of types of towing vessels. One of the For clarification, we amended our towing vessels to authorized commenters favored grandfathering description of ‘‘public vessel’’ in classification societies. In response, as existing vessels into compliance for as § 136.105 to match the term defined in we discuss in more detail in our TPO many of the requirements as practicable. 46 U.S.C. 2101. We also point to the 46 preamble section (IV.I), we have Another commenter, however, noted U.S.C. 2101 definition for the meaning amended § 139.110 to clarify the that risks are similar for inland and of the term in §§ 2.01–7, 15.535, and distinction between audits and surveys. harbor towing as for coastwise or ocean 15.610 of this chapter. For the purpose of audits, a recognized towing, and solutions, such as planning classification society meets the and testing, should be similar. A towing Definitions requirements of a TPO and may work as company opposed having more We received several hundred a third-party auditor. For the purpose of stringent rules for tank barge operators comments suggesting edits, deletions, or surveys, an authorized classification than for companies that haul dry cargo additions to our proposed definitions in society meets the requirements of a TPO barges. § 136.110. The discussion of changes and may work as a third-party surveyor. The Coast Guard agrees that there are made to the individual terms is as Further, we have amended § 144.140 to different characteristics, methods of follows: include certain authorized classification operation, and nature of service of societies as being qualified to conduct a towing vessels that require unique ‘‘Accepted Safety Management System’’ verification of compliance with design application of requirements. The Coast We deleted our proposed definition of standards. Therefore, we have Guard believes that the utilization of a ‘‘Accepted Safety Management System’’ incorporated the part 8 definition of TSMS allows the operator to tailor because we did not propose to use the ‘‘authorized classification society’’ into safety processes to the unique term within the regulatory text of the this final rule. conditions in which the vessel and NPRM and do not use it in this final ‘‘Buoyant Apparatus’’ or ‘‘Inflatable company operate. A TSMS is scalable, rule. dynamic, and customized by the Buoyant Apparatus’’ operator for the unique risks, ’’Audit’’ We received five comments, primarily challenges, and operating environments We received a suggested amendment from maritime companies and anticipated. Some hazards are universal of the first sentence in our definition of professional associations, suggesting the to all vessels regardless of where they ‘‘audit’’ that would replace ‘‘planned addition of a definition for the terms operate. Therefore, the Coast Guard arrangements’’ and ‘‘arrangements’’ with ‘‘buoyant apparatus’’ and ‘‘inflatable believes that certain minimum ‘‘TSMS.’’ One commenter suggested buoyant apparatus’’ because the terms standards are necessary to mitigate these deleting the phrase ‘‘observing persons are not defined in the proposed part

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141. One maritime company suggested reference to 46 U.S.C. 2101 directly to ‘‘end of the barge’’ with ‘‘a fleet, a dock, the following text for the definition of our definition of ‘‘assistance towing’’ in or another tow.’’ Finally, we inserted ‘‘buoyant apparatus’’: ‘‘Buoyant § 136.110. the words ‘‘with the current’’ to describe apparatus is flotation equipment (other downstreaming and to reflect the nature ‘‘Crewmember’’ than lifeboats, life rafts, and personal of our concern in § 140.610(e) where we flotation devices) designed to support a Two commenters felt that the term require all exterior openings at the main specified number of persons in the ‘‘crewmember’’ should be defined as an deck level to be closed when a towing water, and of such construction that it individual who is listed on Form CG vessel is downstreaming. 735(T): Master’s Report of Seamen retains its shape and properties and ’’Engine Room’’ requires no adjustment or preparation Shipped or Discharged, so as to avoid for use.’’ The same commenter offered any misunderstanding related to In reviewing the definition of ‘‘engine the following text for the definition of vendors who are onboard for room’’ in the NPRM, the Coast Guard ‘‘inflatable buoyant apparatus’’: maintenance or repair. decided the word ‘‘area’’ was too broad; ‘‘Inflatable buoyant apparatus is The Coast Guard has revised the accordingly, we have replaced ‘‘area’’ flotation equipment that depends on definition in § 136.110 to match an with ‘‘space,’’ which is commonly used inflated compartments for buoyancy and existing definition of ‘‘crewmember’’ in and understood in the maritime is designed to support a specified 46 CFR 16.105, paragraph (2)(iv) of industry to refer to a specific room (also number of persons completely out of the which would exclude vendors who are see the definition for ‘‘Accommodation water.’’ onboard to conduct maintenance or space’’ in § 136.110). repair work. Also, please note that the The Coast Guard does not agree that ‘‘Element’’ it is necessary to include definitions for COI will list crewmembers required to commonly understood lifesaving be onboard and persons in addition to After reviewing this definition, which apparatus in subchapter M. These terms the crew that may be carried onboard as proposed, only applied to safety are already defined in 46 CFR, part the vessel. management systems, we decided to delete it as the term ‘‘element’’ is also 160—Lifesaving Equipment, in ‘‘Disabled Vessel’’ § 160.010–2. We did not make any used within the subchapter with regard changes from the proposed rule based One commenter noted that some dead to surveys and audits. Additionally, on these comments. ships can range up to 900 feet in length whenever the term is used, its meaning and suggested that we clarify our is clear. ‘‘Class II Piping Systems’’ definition of ‘‘disabled vessel’’ and set ‘‘Essential System’’ We deleted this definition as this term some limit on a dead ship’s size for is no longer used within this purposes of assistance towing. We note A company requested that we replace subchapter. that a dead ship is a ship without the references to ‘‘vessel’’ with ‘‘towing benefit of mechanical or sail propulsion. vessel’’ in our definition of ‘‘essential ‘‘Cold Water’’ The commenter’s concern appears based system.’’ Another commenter noted that A maritime trade association had no on § 136.105 excluding vessels used for the definition of ‘‘essential systems’’ is objection to the proposed definition of assistance towing from subchapter M similar to the term ‘‘critical systems’’ in ‘‘cold water,’’ and understood its applicability. We defined ‘‘assistance the ISM code, suggesting that the terms application in Table 141.305 regarding towing’’ to mean ‘‘towing a disabled be aligned or at least cross-referenced survival craft; however, the commenter vessel for consideration.’’ for clarification. An association whose was unaware of any deficiency in the The Coast Guard disagrees about the members trade on all five of the Great survival craft currently in use and need to amend our proposed definition Lakes noted that the definition of requested that only a single standard of ‘‘disabled vessel.’’ We note that a ‘‘essential system’’ is very broad and apply to the Great Lakes. dead ship would fit our definition if the needs to be scaled back to systems that The Coast Guard notes that the vessel regularly operated under its own are truly essential so as to help ensure definition of cold water is consistent power but was temporarily disabled. consistent application, and that as with other regulations and existing The Coast Guard does not see a need to written, it is difficult to identify a Coast Guard policy (NVIC 7–91) lists the include a specific length criterion for shipboard system other than galley areas designated as cold water. While dead ships in its definition of ‘‘disabled equipment that is not essential. the Great Lakes are generally considered vessel’’ because not all assistance Regarding the first comment, the cold water, several lakes are not towing vessels are the same length or Coast Guard disagrees with the designated as cold water during certain horsepower and the local COTP would suggestion because this entire months of the year. The Coast Guard assess the size and number of towing subchapter pertains to towing vessels, believes that specifying all of the Great vessels needed to assist a dead ship. and we believe references to ‘‘vessel’’ in Lakes as all cold water, year round, our definition of ‘‘essential system’’ ‘‘Downstreaming’’ would impose an unnecessary burden clearly refer to towing vessel. We agree on those towing vessels which operate A maritime company suggested we it is important to distinguish ‘‘vessel’’ seasonally when certain lakes are not insert ‘‘attempting to land’’ in place of from ‘‘towing vessel’’ in the few designated as cold water. However, this ‘‘landing’’ in our proposed definition of contexts in subchapter M where it is does not prevent a vessel owner or ‘‘downstreaming.’’ The Coast Guard necessary, but we do not view our managing operator from voluntarily acknowledges that downstreaming definition of ‘‘essential system’’ as one carrying the equipment required on cold includes unsuccessful as well as of them. We made no change from the water at all times. successful attempts to align with a barge proposed rule based on this first or other object, but has replaced the comment. In response to the second ‘‘Consideration’’ word ‘‘landing’’ with the words ‘‘in comment, to better align our definition We deleted this term as the proposed order to approach and land squarely on’’ with critical systems in ISM code, we definition was identical to 46 U.S.C. instead of the commenter’s suggested added language to include critical 2101 and the term was only used once words. Also, we amended the definition systems identified in a part 96- in that context, so instead we added a by replacing the limited reference to the compliant SMS. As for scaling back

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systems included, the Coast Guard commenter pointed out that the sees no need to do so. The definition disagrees. We believe that the definition example of a limited geographic area (‘‘a says ‘‘[u]sed solely,’’ for any one or a of ‘‘essential system’’ accurately covers fleeting area for barges or a commercial combination of the services listed. those systems that are required in facility’’) in the definition of ‘‘excepted Therefore, subchapter M provisions not subchapter M to ensure a vessel’s vessel’’ conflicts with the proposed required of excepted vessels would be survivability, maintain safe operation, definition of ‘‘limited geographic area.’’ required of a towing vessel subject to control the vessel, or ensure safety of The Coast Guard views the excepted subchapter M whenever it is conducting onboard personnel. vessel category as a valuable tool to towing operations not listed in the more precisely tailor regulations. We ‘‘Excepted Vessel’’ definition of ‘‘excepted vessels,’’ unless have amended the definition of it has been excepted by the cognizant Many commenters, including an ‘‘excepted vessel’’ by removing the OCMI. When a vessel is exclusively association and various towing examples of limited geographic area used in one or more of the excepted companies, supported the concept of activities. The term ‘‘limited geographic activities it is not subject to certain ‘‘excepted vessel,’’ under which towing area’’ is defined in § 136.110 and allows provisions of Subchapter M. However, if vessels operating solely in fleeting and local COTP discretion to determine the vessel engages in activities that are harbor services would not be required to limited geographic areas for her or his not excepted, then it may be subject to meet certain equipment requirements in zone. Further, we note that, in addition those provisions even if this activity part 143. Several of the commenters to certain system and equipment only occurs intermittently. suggested that the definition of requirements in part 143, excepted In the NPRM, we proposed a ‘‘excepted vessel’’ should be clarified or vessels are also not subject to fire definition for harbor-assist that is expanded to specify activities such as protection requirements in §§ 142.315 identical to the existing definition in 46 moving vessels on and off drydocks or through 142.330. In terms of clarifying CFR 10.107. To be excepted, a vessel to and from cleaning docks. Also, the definition, we did change it to make would need to be subject to subchapter commenters stated the definitions it clear that excepted vessels are subject M, and in the applicability section, should encompass the full range of to subchapter M, but not to certain § 136.105, we state that subchapter M is activities commonly performed by requirements in the subchapter. not applicable to towing vessels ‘‘used towing vessels in limited geographic Accordingly, we changed ‘‘exempted’’ for assistance towing,’’ so we would not areas or harbor assist service and that to ‘‘excepted’’ when describing action include ‘‘assistance towing’’ in activities failure to do so will potentially by the OCMI that would make a towing for excepted vessels. We also exclude endanger the economic viability of vessel excepted. towing vessels engaged in towing small to medium size harbor/fleeting As for the recommendation that we recreational vessels for salvage, or companies and consequently, the small clarify or expand on the list of specific transporting or assisting the navigation to medium size ports and industries activities within limited geographic area of recreational vessels within and they service. One towing company and harbor assist service, the Coast requested clarification of the meaning of Guard disagrees. Instead, we have between marinas and marina facilities, ‘‘solely,’’ because towing vessels often removed the examples of activities within a limited geographic area. Harbor engage in different types of towing within a limited geographic area in assist and assistance towing are two operations throughout their life-spans. favor of leaving the discretion with the separate and distinct operations, both of An individual recommended that the local COTP, as stated in the definition which we have defined in § 136.110. We term ‘‘harbor assist’’ in the definition of of limited geographic area, and not have have made no changes from the ‘‘excepted vessel’’ should be replaced by what some may read as an exclusive list proposed rule based on these comments. ‘‘assistance towing’’ to be consistent of examples in our definition of We have amended the definition of with the applicability exclusion ‘‘excepted vessel’’ that references ‘‘excepted vessel’’ to remove the paragraph in § 136.105(a)(2)(i) or with limited geographic area. However, reference to ‘‘restricted service’’ and, as ‘‘recreational assist.’’ Also a company additional guidance beyond this rule noted above, to remove examples from pointed to the need to improve our may be developed to help the industry the limited geographic area sentence definition of ‘‘excepted vessel’’ in and public understand how operating in that may have been too narrowly § 136.110 specifically as it applies to a limited geographic area may impact focused and conflicting with the harbor assist vessels, a common term the equipment requirements if they are definition of limited geographic area. that it noted was used for vessels that an ‘‘excepted vessel’’. The definition of ‘‘Excursion Party’’ conduct ship assist activities helping ‘‘harbor-assist’’ remains identical to the larger vessels in and out of port. One existing definition in 46 CFR 10.107. One commenter suggested that the towing company opposed the concept of Further, the definition of ‘‘excepted term ‘‘excursion party’’ be defined as ‘‘a excepted vessels and expressed the view vessel’’ also contains the provision for group visiting the vessel for no specific that all towing vessels should meet the the cognizant OCMI to except vessels business purpose.’’ same requirements. Another company based on reasons submitted by the The Coast Guard added a definition also opposed exempting fleeting or vessel owner or managing operator as to for ‘‘excursion party’’ in this final rule; limited route vessels from the proposed why the vessel does not need to meet however we do not agree with the provisions, because such vessels may certain system and equipment commenter’s proposed definition. As operate in close proximity to chemical requirements in parts 142 and 143 for addressed in § 136.245, any personnel plants and barge fleets. The commenter the safe operation of the vessel. We (business, personal, etc.) not authorized warned that such vessels may have believe that the ability to except certain to be carried by the COI would be minimal safety standards and operators vessels from specific equipment carriage considered by the OCMI when issuing may modify their vessels to benefit from requirements provides relief from the an excursion permit. the proposed provisions. An individual potential economic burden on these ‘‘Flammable Liquid’’ provided examples of vessels that work vessel owners. in fleeting areas but also travel many As for clarifying the meaning of One commenter suggested that we miles away from their base of operations ‘‘solely’’ in our definition of ‘‘excepted define ‘‘flammable liquid’’ and without proper equipment. One vessel,’’ in § 136.110, the Coast Guard ‘‘combustible liquid’’ as they are

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defined in 46 CFR 30.10–15 and 30.10– definition should include inland harbor all of subchapter M and have placed it 22. and fleet vessels. in part 143’s definition section, The Coast Guard partially agrees. The The Coast Guard disagrees. Regarding § 143.115, where it is only applicable to definitions in 46 CFR part 30 apply the recommendation to delete ‘‘or’’ and that part. We believe the definition is specifically to equipment required on restrict both ‘‘dock, undock, moor, shift, useful as limited to that part and tankers. The Coast Guard believes that or unmoor,’’ and ‘‘escorting’’ to towing therefore, we have only restricted, and adding these definitions would not vessel actions involving a vessel with not deleted, the definition. provide any additional clarification for limited maneuverability, we do not see We use the word ‘‘independent’’ in a these rather common terms used in our a need for this change to this definition, different context when we describe fire protection and machinery and which we adopted word-for-word from TSMSs and TPOs, as in our definition electrical systems and equipment 46 CFR 10.107. For a vessel to be of ‘‘audit’’ and ‘‘TPO’’ in § 136.110, and escorted, the vessel needs some regulations in 46 CFR parts 142 and 143. §§ 138.205(b)(4), 138.310(d)(4), independent maneuvering capability, However, we did modify part 143 to 139.115(b)(1) and 139.120(p). In that which is not be true of all vessels a reference part 30. context we will use the common towing vessel may dock, undock, moor, definition of the term—to be free from ‘‘Fleeting Area’’ or unmoor. We do not need to add the influence, control, or determination ‘‘shift’’ to the definition because we We received comments from two of another or others. maritime companies regarding our believe any shifting is already captured proposed definition of ‘‘fleeting area’’ in by the words ‘‘maneuvers to dock, ’’Inland Waters’’ undock, moor, or unmoor a vessel.’’ § 136.110. One commenter suggested One commenter suggested deleting inserting the words ‘‘or wait to load or Also, there is no need to add shifting barges in a limited geographic area nor the proposed definition for ‘‘inland unload cargo’’ after ‘‘where individual waters’’ because it is not defined in barges are moored or assembled to make do we wish to add towing barges in a limited geographic area to this other 46 CFR and would be confusing a tow,’’ and to insert ‘‘towing’’ before when considering classes of vessels. The ‘‘vessel’’ when referencing another definition. While not self-propelled, a barge would be included in the commenter felt that the terms ‘‘Inland vessel that will transport the barges in waters, excluding Western Rivers’’ can the tow to various destinations. definition’s reference of a vessel, and we do not view harbor-assist as be used instead. The Coast Guard agrees with the encompassing the full range of activities The Coast Guard disagrees. ‘‘Inland second recommendation, but not the covered by ‘‘towing.’’ Finally, we do not waters’’ is defined in 46 CFR 10.107 and first. The inclusion of the term ‘‘towing’’ see a need to add responding to an our subchapter M proposed definition to the description of ‘‘vessels’’ makes emergency situation or pollution event aligns with that existing definition. To the definition clearer. We disagree with involving towing vessels, vessels with address the reach of this and other the first recommendation to insert the limited maneuverability, or barges to § 136.110 definitions, we have inserted words ‘‘or wait to load or unload cargo’’ our definition of ‘‘harbor-assist.’’ Both of the introductory text of ‘‘As used in this because here we are defining ‘‘fleeting these activities are already included subchapter’’ in § 136.110, which reflects area’’ which is focused on making a tow, within our ‘‘excepted vessel’’ definition. our initial intent that definitions in that as opposed to ‘‘limited geographic area’’ We have made no changes from the section have limited applicability. Also, which may cover more activities. proposed rule based on these comments; in subchapter M we only use the term Reflecting the definition of ‘‘limited our subchapter M ‘‘harbor-assist’’ ‘‘inland waters’’ once, in the definition geographic area,’’ we also inserted, ‘‘as definition remains consistent with the of ‘‘Western Rivers,’’ and do not view it determined by the local Captain of the 46 CFR 10.107 definition. as generating confusion regarding Port (COTP),’’ after a reference to a classes of vessels. We have made no limited geographic area in our ‘‘fleeting ‘‘Horsepower’’ changes from our proposed definition of area’’ definition. A professional association and private ‘‘inland waters’’ based on this comment. ‘‘Fully Attended’’ citizen expressed support for our proposed definition of ‘‘horsepower’’ ‘‘International Voyage’’ We deleted the definition of ‘‘fully which is that stated on the COI which We received comments from two attended’’ because we did not use the reflects ‘‘the sum of the manufacturer’s term in this final rule, nor did we use commenters requesting that the listed brake horsepower for all installed proposed definition of ‘‘international the term within the regulatory text of propulsion engines.’’ We made no the NPRM. voyage’’ not include Canadian waters changes from the proposed rule based that are transit waters between Alaska ‘‘Harbor-Assist’’ on these comments. and other States. The commenters noted A maritime company suggested that ‘‘Independent’’ that towing vessels do not always make for our definition of ‘‘harbor-assist,’’ we One commenter suggested revising or port calls in Canada during passage and add ‘‘shift’’ to ‘‘dock, undock, moor, or deleting the definition of ‘‘independent’’ are not considered international voyages unmoor,’’ and tie the escort of a vessel because it appears only in §§ 143.300 and subject to SOLAS. with limited maneuverability to these and 143.435. The Coast Guard does not see a need actions by removing the disjunctive Our proposed definition of to amend our definition of ‘‘or’’ we have placed between those ‘‘independent’’ in § 136.110 is and was ‘‘international voyage.’’ Under our activities, and to add two more activities intended to be focused on equipment. definition, towing vessels transiting at the end of the definition ‘‘to shift or We agree that it is not the appropriate directly from a U.S. port in the tow barges within a limited geographic definition for the use of ‘‘independent’’ contiguous 48 states to the state of area; or to respond to an emergency outside of part 143, Machinery and Alaska or the state of Hawaii would not situation or pollution event involving Electrical Systems and Equipment. In be considered on an international towing vessels, vessels with limited response to this comment, we have voyage for purposes of subchapter M maneuverability, or barges.’’ Another removed the definition from § 136.110 because they would not be going to a commenter agreed and also felt that the where it would have been applicable to port outside the United States.

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’’Lakes, Bays, and Sounds’’ conversion.’’ First, the commenter replacement of propulsion engines is We received two comments would establish a threshold up front normally undertaken to prolong the suggesting the proposed definition of that all the factors discussed must service life of a vessel, and therefore fits the term ‘‘lakes, bays, and sounds’’ be meet—that changes result in the definition of ‘‘major conversion.’’ To clarified to state that the operations on ‘‘essentially a new towing vessel’’— match the wording in 46 CFR 28.50, we Kentucky Lake are not to be included in while also leaving that same standard in changed ‘‘Coast Guard’’ to the current definition of ‘‘lakes, bays, the last (‘‘otherwise’’) factor. Second, ‘‘Commandant’’ and added part 28’s and sounds.’’ Another commenter the commenter would move our definition of ‘‘Commandant’’ to suggested that the definition is too reference to a determination by the § 136.110. Major Conversion broad to include lakes, bays, and sounds Coast Guard to the end of the definition. determinations are made by the Coast in inland river systems, and should be And third, the commenter would limit Guard Marine Safety Center on a case- revised to exempt lakes, bays, and the ‘‘substantially prolonging the life of by-case basis. the towing vessel’’ factor by expressly sounds that are part of the inland or ‘‘Major Non-Conformity’’ Western River systems. excluding ‘‘the replacement of The Coast Guard uses the term ‘‘lakes, propulsion engines’’ from that factor. One commenter suggested the bays, and sounds’’ in § 136.230 as one The Coast Guard agrees with the following text for the definition of of a number of major headings under recommendation that we move our ‘‘major non-conformity’’ which which each area of operation—referred reference to a determination to the end specifically identifies deviations as to as a route—is described on a towing of our definition of ‘‘major conversion.’’ being from the safety management vessel’s COI. With the exception of This change makes our definition more system and replaces our reference to the ‘‘rivers,’’ ‘‘Lakes, bays, and sounds,’’ is consistent with the statutory definition lack of effective and systematic the least severe of the routes. Our in 46 U.S.C. 2101 (14a) and our existing implementation of the TSMS as being definition matches that used for small 46 CFR 28.50 definition in subchapter C included as a major non-conformity, to passenger vessels in subchapter K (46 for uninspected vessels. We also references to items that would be CFR 114.400) and small passenger clarified that reference from vaguely considered a more significant vessels in subchapter T (46 CFR stating ‘‘as determined by the Coast breakdown or failure of the SMS: 175.400). The Coast Guard does not Guard’’ to ‘‘as determined by the ‘‘Major Non-Conformity means an intend to create exemptions for all types Commandant.’’ This change better identifiable deviation to the safety of inland towing operations, or to aligns the definition with the phrasing management system which poses a provide exemptions for particular areas used in existing text. serious threat to personnel, vessel without cause. We note, however, that We received comments from safety, or a serious risk to the under § 136.230 the OCMI may consider professional associations, maritime environment; where a large number of route-specific requirements of companies, and other companies who non-conformities exist in an area or subchapter M when designating a expressed concern over the phrase where similar non-conformities exist permitted route. We have not made a ‘‘substantially prolongs the life of the throughout the company or vessel then change from the proposed rule based on vessel’’ in the proposed definition of this demonstrates a more significant these comments. major conversion. Commenters felt that breakdown or failure of the safety the definition should be clarified to management system.’’ ‘‘Limited Geographic Area’’ explain that routine activities like The Coast Guard has simplified its One commenter asked for further maintenance or part replacement are not definition of ‘‘major non-conformity’’ to definition of the term ‘‘limited considered major conversions, but only include the term ‘‘non-conformity’’; by geographic area.’’ those activities that would result in the referring to ‘‘non-conformity’’, we are Our definition of ‘‘limited geographic converted vessel becoming a new vessel. including a failure to conform to the area’’—‘‘a local area of operation, Two commenters, a private citizen and SMS. Even though the definition in 33 usually within a single harbor or maritime company, requested examples CFR part 96, our regulations port’’—is intended to be flexible enough of what is considered a major implementing SOLAS and ISM Code to reflect the wide range of local conversion. Another maritime company provisions for safety management operations. The local COTP has the suggested that the term, as it is currently systems, includes an example of a lack discretion to determine limited proposed, would apply ‘‘new vessel’’ of effective and systematic geographic areas for his or her COTP requirements to existing vessels, and implementation, we have deleted that zone. We do use the term ‘‘limited discourages the maintenance of or language from the definition in geographic area’’ as a factor in our investment in existing towing vessels. § 136.110. We did not agree with the definition of ‘‘excepted vessel,’’ but we We see no reason to adopt the suggested definition, which could be believe it is appropriate to not impose commenter’s two other suggested read as creating an additional standard certain requirements, such as for changes that deviate from the statutory for a ‘‘more significant breakdown.’’ additional fire-extinguishing equipment, definition. The first change would ‘‘New Towing Vessel’’ on vessels we identify as excepted introduce an unexplained redundancy vessels, or impose less rigid lifesaving and the second would expressly exclude One commenter suggested that we equipment requirements on vessels that the replacement of propulsion engines remove the following factor in our operate in a limited geographic area. We from consideration of actions that proposed definition of ‘‘new towing assess excepted vessels and certain substantially prolongs the life of the vessel’’: Towing vessels that underwent vessels operating in a limited vessel. As reflected above, based on a major conversion initiated on or after geographic area as presenting a reduced these comments, we have revised our the effective date of our final rule. risk with respect to certain subchapter definition to make it consistent with The Coast Guard disagrees with this M requirements. existing definitions in 46 U.S.C. recommended change to our definition 2101(14a) and 46 CFR 28.50 of of ‘‘new towing vessel.’’ Standards for ‘‘Major Conversion’’ subchapter C, and we did not adopt the new vessels are sometimes set higher One commenter requested that we commenters’ two other suggested than for existing vessels as a means of change our definition of ‘‘major changes. The Coast Guard believes a ensuring improved safety standards over

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time without imposing undue costs on classification society reports as an ‘‘Rescue Boat’’ existing vessels. If we left major example, and would consider reports or One commenter noted that ‘‘skiff’’ is conversions out of the definition of new records from a TPO as a similarly referenced in § 140.420(d)(4), which vessels, then we would provide appropriate example reflecting an contains a training requirement if the incentive for existing vessels to undergo independent assessment. skiff is ‘‘listed as an item of emergency major conversions to avoid having to ‘‘Pressure Vessel’’ equipment to abandon ship or man meet new vessel standards. Granting overboard recovery’’ and that ‘‘rescue existing vessels the status of being One commenter suggested we amend boat’’ also appears in § 140.420. The ‘‘grandfathered’’ is a valuable regulatory our definition of ‘‘pressure vessel’’ to commenter recommends that if a rescue approach, but factoring major simply refer to closed containers boat is a separate craft from a skiff, as conversions into our definition of ‘‘new designed to hold gases, liquids or a our use of the two terms in § 140.420 vessels’’ provides a means of controlling combination at a pressure substantially suggests, then we should define ‘‘rescue a potential abuse of ‘‘grandfathered’’ different from ambient pressure— boat’’ in § 136.110 in addition to having status and is consistent with other 46 instead of just ‘‘under pressure.’’ defined ‘‘skiff’’ there. CFR subchapters. We have not made Another commenter suggested adding The Coast Guard agrees with the any changes from the proposed rule the following text as a definition for recommendation that we add a based on this comment. ‘‘heating boiler’’: ‘‘An enclosed steel or definition of ‘‘rescue boat’’ to § 136.110. However, upon further review of the cast iron container that uses an energy We do consider a rescue boat as a definition, we determined that it should source to heat water (or make steam) separate craft from a skiff. We have be amended for other reasons. As that is sent through heat radiating added the same definition of ‘‘rescue proposed, the definition was based on devices in the machinery space to heat boat’’ in § 136.110 that appears in three the date the vessel was contracted for or a towing vessel.’’ existing Coast Guard regulations. This the date the keel was laid. More often The Coast Guard agrees with the definition distinguishes the dedicated than not, these will be two separate comment regarding pressure being purpose of a rescue boat—to rescue dates which could lead to confusion as substantially different from ambient to whether or not a vessel is a ‘‘new persons in distress and to marshal pressure and in response inserted the survival craft—from the general nature towing vessel.’’ We amended the words ‘‘greater than atmospheric definition to base the determination on of a skiff, a small auxiliary boat carried pressure’’ at the end of the definition. onboard a towing vessel that might be the date the keel was laid or the vessel We also agreed with the need to is at a similar stage of construction in used in emergency situations. incorporate language to include boilers order to account for those instances so we broadened the definition of ‘‘Replacement in Kind’’ where a vessel might be built in a ‘‘pressure vessel’’ to include ‘‘unfired’’ We have added a new definition to modular mode of construction. We also and ‘‘fired’’ pressure vessels which § 136.110 for the term ‘‘Replacement in removed paragraph (3) of the definition incorporate boilers. kind’’ which was undefined in the regarding vessels built without a NPRM but appeared several times in contract because we viewed it as ‘‘Random Selection of a Representative part 143. ‘‘Replacement in kind’’ unnecessary given our removal of a Sampling’’ generally means replacing a failed reference to a contract in paragraph (a). The second reason for amending the One commenter suggested the need component with the same component, definition is to ensure that owners, for defining ‘‘random selection of a or a part with the same technical designers, and builders have sufficient representative sampling’’ for better specifications as the original design. time to adapt and incorporate the consistency in the auditing process. Replacements in kind may normally be requirements applicable to new vessels We do not agree that a specific accomplished by the crew, or a into the design and construction of a definition is needed for ‘‘random shipyard, as part of routine maintenance vessel. As proposed, the date for a new selection of a representative sampling.’’ or repairs, and may not require vessel was 30 days after the regulation We feel that ‘‘random selection of a notification to the OCMI. publication date. In reviewing a representative sampling’’ is a common ‘‘Safety Management System’’ commenter’s request for more time to safety management system and auditing term that should be recognized and Two commenters recommended comply with the final rule, we inserting the following 11 italicized concluded that 30 days is too short a understood by any ISO–9001-trained internal or external auditor. In a related words in our proposed definition of time period. It would be very difficult ‘‘Safety Management System’’: and costly to make changes in line with external audit provision in § 138.410(f), the ‘‘new vessel’’ requirements in those we removed a vague reference to Safety Management System means a instances where the design of a vessel samples having to be statistically valid. systematically structured and documented system enabling the owner or managing is almost complete. We have determined ‘‘Recognized Classification Society’’ operator and towing vessel personnel to that for smooth transition and identify and manage interrelated process and implementation, an additional year is We shortened the definition of effectively implement the owner or managing needed, and we amended the definition ‘‘recognized classification society’’ by operator’s safety and environmental accordingly. focusing on the core of the definition: A protection policies and that is routinely classification society recognized by the exercised and audited in a way that ensures ‘‘Objective Evidence’’ Coast Guard in accordance with 46 CFR the policies and procedures are incorporated One commenter recommended we part 8. into the daily operation of the vessel and company. add records of an approved third-party ‘‘Recognized Hazardous Conditions’’ organization as another example in our In addition, one commenter definition of ‘‘objective evidence’’ in We deleted the definition of recommended replacing the word § 136.110. ‘‘recognized hazardous conditions’’ ‘‘audited’’ with ‘‘evaluated’’ in the The Coast Guard agrees with this because we do not use the term in this above definition. suggested change and has amended the final rule, nor did we propose to use it The Coast Guard partially agrees with definition accordingly. We already list in the regulatory text of the NPRM. the proposals to change this definition.

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We have amended the definition by We believe this response should words ‘‘assess whether’’ to the adopting a modified version of our 33 clarify what we mean by the use of these definition of ‘‘TPO.’’ CFR part 96 definition that identifies terms but knowing the frequency of ‘‘Tow’’ those enabled by the SMS and the these activities may also help. Section purpose of the SMS with respect to 137.200 identifies the frequency of One company recommended that we subchapter M. We disagree with inspections associated with the Coast define ‘‘tow’’ as a vessel or vessels being changing the term from ‘‘audited’’ to Guard inspection option. For vessels moved by a towing vessel in contrast to ‘‘evaluated’’ as an audit is a clearly under the TSMS option, external and our proposed definition that identifies defined and recognized activity with internal surveys and audits are required. the towing vessel as being part of the respect to safety management systems. Sections 137.205 and 137.210, tow which would also include one or more barges or a vessel not under its ‘‘Survey’’ respectively, identify the frequency of surveys under the external and internal own power. One commenter suggested that the survey programs. Finally, §§ 138.310 The Coast Guard concurs with the difference between ‘‘audit’’ and and 138.315, respectively, identify the need to clarify that tow refers to what ‘‘survey’’ needs to be clarified in frequency of external and internal the towing vessel is moving—be it § 136.110, as well as with respect to the audits. another vessel, barge, or some other Coast Guard option under proposed object. We have revised our definition to § 136.150 and the TSMS option under ‘‘Third-Party Organization’’ read ‘‘Tow means the barge(s), vessel(s), proposed § 136.205. Another commenter We received comments suggesting the or object(s) being pulled, pushed or noted that these two terms, in addition need to clarify or remove our proposed hauled alongside a towing vessel.’’ This to ‘‘inspection’’ are used definition of ‘‘third-party organization.’’ is consistent with our use of the term as interchangeably in the NPRM, as are the The commenter suggested that the term a noun in our rule (e.g., in § 140.625, words ‘‘auditor, inspector, and is inconsistent with our repeated use of ‘‘the movement of a towing vessel and surveyor.’’ There were also comments the proposed term ‘‘approved third- its tow’’). Reflecting this definition, in about the need to clarify the frequency party organization’’ in part 139 and § 140.805 we added ‘‘or objects’’ to of audits, inspections, and surveys, and would be redundant if we adopted his barges and vessels when describing which ones may be conducted by third recommendation to amend our what may make up a tow. parties. proposed definition of ‘‘approved third The Coast Guard believes that our ’’Towing Safety Management System party’’ to make it clear it only refers to definitions of these two terms are (TSMS)’’ TPOs. One commenter suggested clearly distinguishable. Our definition converting our proposed definition of On reviewing the comments, the of ‘‘survey’’ in § 136.110 focuses on ‘‘approved third party’’ in § 136.110 to Coast Guard decided to add a definition compliance with subchapter M and of TSMS in § 136.110 rather than just other authorities—‘‘an examination of a definition of ‘‘approved third party organization’’ and to add ‘‘organization’’ rely on the information contained in the vessel, its systems and equipment to part 138 on TSMS compliance. verify compliance with applicable to the definition so the term ‘‘means a regulations, statutes, conventions, and third party organization approved by the ’’Towing Safety Management System treaties.’’ Our definition of ‘‘audit’’ in Coast Guard in accordance with part (TSMS) Certificate’’ § 136.110 is more focused on systems 139 of this subchapter.’’ We received several comments set up to ensure that compliance. The Coast Guard agrees that our suggesting two separate definitions of Neither proposed § 136.150, Annual and proposed definitions of the terms the TSMS certificates be added: One for periodic inspections, nor proposed ‘‘approved third party’’ (ATP) and the owner or managing operator and one § 136.205, which describes the COI, ‘‘third-party organization’’ (TPO) may for each of the towing vessels found to refer to audits or surveys. cause confusion, so we deleted the term be in compliance with the TSMS. Regarding the word ‘‘inspection,’’ we ATP and modified any references to The Coast Guard has not defined did not define that term which applies approved third-party surveyors or ‘‘TSMS certificate’’ and does not agree to all vessels subject to subchapter M auditors to make clear that such that two separate definitions should be because they are all ‘‘subject to surveyors or auditors would be from a added or that a separate certificate for inspection’’ under 46 U.S.C. 3301. In third-party organization or TPO. Also, the company and the towing vessel this rule, we primarily use the word we deleted the word ‘‘approved’’ used needs to be issued. TSMS certificates ‘‘inspection’’ to distinguish a towing in front of TPO because by definition, are issued to the owners or managing vessel that has selected the option of an TPOs are approved. Our definition of operators and a list of vessels covered annual inspection by the Coast Guard third-party organization in this final by the TSMS must be maintained, as instead of a TSMS option under which rule makes it clear that the organization described in § 138.305. surveys and audits are conducted. But is approved by the Coast Guard to regardless of the option selected, under conduct independent verifications to ‘‘Travel Time’’ proposed §§ 136.140 and 136.145 the assess whether TSMSs or towing vessels Four commenters, including maritime Coast Guard would conduct inspections comply with applicable requirements companies and a professional for certification on all vessels seeking to contained in this subchapter. Also, we association, suggested deleting the obtain or renew a COI. An inspection is have amended § 139.115(b) to make that proposed term ‘‘travel time’’ because it similar to a survey in that both involve approval process clearer and replaced a does not appear anywhere else in the an examination of a vessel to determine reference to an organization having to regulation. One commenter suggested whether it is in compliance with meet subchapter M requirements with that the proposed term needs to be applicable regulations or other legal one to expressly include the standard of amended to clarify the application to authorities. In reviewing proposed meeting part 139 requirements for TPOs. daytime operators who commute back §§ 136.140 and 136.145, however, we This comment also caused us to and forth to work, not travel to a large reorganized these requirements and notice that our TPO definition needs to commercial tug/barge unit that operates moved then into subpart B, Certificate of be amended to better reflect the work like a self-propelled vessel. Conversely, Inspection, as §§ 136.210 and 136.212. being done by the TPO. We added the other commenters suggested that the

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definition should not include travel vessels operating in the Inland areas of areas within which workboats are back and forth. One company asserted the waterway system within the Sea operated over short distances for that if the travel time is not included, Buoy system, which includes the Gulf dredging, construction, maintenance, or crewmembers that do not live in close Intracoastal Waterway. The commenter repair work, including shipyards, proximity to work will use the majority suggested that Western Rivers be owner’s yards, and lay-down areas used of their hours traveling. defined to include those vessels by marine construction projects, would The Coast Guard agrees that our operating within the Sea Buoy system. not require OCMI designation as definition of ‘‘travel time’’ should be Based on these comments, the Coast worksites. Other worksites may be deleted from the final rule because we Guard has decided to adopt the existing specified by the OCMI. Further, a do not use that term in subchapter M. 33 CFR 164.70 definition of ‘‘Western maritime company suggested adding the Rivers’’ which applies to navigation terms ‘‘cleaning facilities, fleeting areas’’ ’’Unsafe Condition’’ safety regulations for towing vessels. to the definition of ‘‘worksite.’’ One commenter, citing § 137.325(d), This is similar to the definition TSAC The Coast Guard disagrees with these asked the Coast Guard to create a good used in its September 7, 2006 report recommendations. We believe it is definition of an ‘‘unsafe condition’’ that (USCG–2006–24412–0004). Their appropriate for the cognizant OCMI to can be consistently applied by definition ended with ‘‘and waters designate worksites based on the factors companies, auditors, and surveyors, as connecting or tributary thereto’’ instead and activities listed and their possible well as the Coast Guard. of referencing waters designated by the impacts on other waterway users. The Coast Guard agrees with the COTP. Waters specified by 33 CFR 89.25 Therefore, we have decided not to adopt commenter’s request and has added a and 89.27, for inland navigation rule the expanded definitions being definition of ‘‘unsafe condition’’ to purposes, include all of the connecting suggested here. We have made no § 136.110, which includes observation and tributary waters specified in TSAC’s changes from the proposed rule based of a major non-conformity on board a definition, and our addition of the 33 on these comments. vessel. CFR 89.27 reference includes the Gulf Options for Obtaining a Certificate of ‘‘Unsafe Practice’’ Intracoastal Waterway in the definition. Inspection Also, making our definition consistent One commenter suggested that in the with the one in 33 CFR 164.70 allows A commenter opposed the option of definition of ‘‘unsafe practice’’ the list of COTPs to designate similar waters. obtaining certification by annual Coast items that may be subject to significant Multiple factors in 33 CFR 62.27 are Guard inspections and recommended risk of harm be supplemented by adding considered in the positioning of safe deletions of provisions in proposed ‘‘and the vessel’’ after ‘‘property.’’ water marks, which are also called ‘‘sea §§ 136.130, 136.140, 136.145, 136.150, The Coast Guard disagrees. A vessel buoys.’’ These factors may cause them 136.165, and 136.170. belongs to an organization or person to be placed seaward or shoreward of The Coast Guard recognizes that some and, therefore, is included by the word demarcation lines. And, while each safe in the industry view the option for Coast ‘‘property.’’ We made no changes from water mark has a plotted position in the Guard traditional inspections as not the proposed rule based on this Light List available via 33 CFR 72.05– having a role in the future of the comment, but recognizing it can be bad 10, unlike demarcation lines in 46 CFR regulation of towing vessels. We believe practice to do something even once, we part 7, there are no lines associated with that the development of and adherence inserted reference to a single action, in safe water marks. Therefore, we have to a TSMS that is tailored to a addition to a habitual or customary decided to use the term ‘‘navigational company’s unique operations and that action. demarcation lines’’ currently used in 33 provides for an authoritative reference CFR 164.70. for all members of the organization ‘‘Western Rivers’’ improves safety for the company’s We received several comments, ‘‘Workboat’’ vessels. As the TSAC Economic mostly from maritime companies, One commenter suggested we amend Analysis Working Group Report (USCG– regarding the proposed definition of our definition of ‘‘workboat’’ to include 2006–24412–0007) stated, the costs to a ‘‘Western Rivers.’’ Several maritime ‘‘vessels undergoing cleaning or repair,’’ small company to implement and companies suggested that the definition besides equipment, as things that the maintain an SMS may be more difficult should be consistent with the one in 33 workboat pushes, pulls, or hauls to absorb than it is for a large company. CFR 164.70, which is identical except alongside within a worksite. These regulations do not preclude any for it adds waters specified by 33 CFR The Coast Guard disagrees with the towing vessel company from adopting a 89.27 ‘‘and such other, similar waters as proposed change. However, we have safety management system. However, are designated by the COTP.’’ amended the definition of ‘‘workboat’’ the structure of subchapter M provides Commenters also asked that waterways to remove the specific listing of things towing vessel companies with flexibility mentioned in 33 CFR 89.27 be included. being towed. We believe that the revised in how to comply with this subchapter. It was suggested that the consistency in definition of workboat and our With respect to the various sections definitions will help avoid new definition of worksite—which already mentioned by this commenter, we have regulations for those vessels operating included a list of certain activities made changes in this final rule. on the Gulf Intracoastal Waterway. One which we amended to reflect the Proposed § 136.130 has been revised commenter noted that the proposed movement of equipment but specifically and retitled to better depict the purpose definition of ‘‘Western Rivers’’ is excluded the movement of barges of the options it presents for inconsistent with the definition in the carrying oil or hazardous material— documenting compliance with the TSAC report and current regulations. A provide sufficient flexibility to the requirements of this subchapter and to trade association believed the change in OCMI to cover operations not specifically note that a Certificate of the definition for ‘‘Western Rivers’’ specifically listed. Inspection is obtained following a Coast would increase the burden on mariners. Guard inspection. We have moved A maritime company noted that the ‘‘Worksite’’ proposed §§ 136.140 and 136.145 into NPRM lacks a definition, or a route One commenter suggested that we subpart B of part 136—Certificate of description in § 136.230, that covers amend the definition ‘‘worksite’’ so all Inspection—as amended § 136.210 and

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new § 136.212. Also, we merged (a). This insertion is intended to 136.202 provides a broad phase-in proposed §§ 136.150 and 136.165 into a incorporate the date by which the vessel period for companies that choose either new § 137.200 to delineate the processes must obtain a COI and thereby limit the the Coast Guard or TSMS compliance under the Coast Guard inspection statement that the vessel may not option. As we stated in the NPRM, it option from the TSMS option processes operate without having a valid COI will be up to six years before some in part 137. The proposed part 137 had onboard to the period after that date. vessels subject to subchapter M will laid out the TSMS procedures but was Based on this review, we deleted need to obtain a COI. However, we do silent on the Coast Guard option. proposed § 136.225, because it was not agree that we need to add a Further, we redesignated and amended redundant with § 136.200(c). provision to extend the schedules more proposed § 136.170 as new § 136.202. A commenter observed that than we have done already in this final A commenter requested an appeal companies choosing the Coast Guard rule. We believe that there will be process to permit the immediate review inspection option should not be given a sufficient TPOs available within the of an inspector’s determinations. longer period of time to obtain a COI new prescribed timeframes to conduct The Coast Guard notes that, as we than companies choosing the TSMS subchapter M audits and surveys. proposed, the appeals process is option. Similarly, the Coast Guard is preparing described in § 136.180. Further, this The Coast Guard agrees. We have to have enough inspectors available to final rule contains amendments to 46 amended, redesignated, and retitled the meet the demand for Coast Guard CFR part 1 that institutes a process for proposed § 136.170, Compliance for the inspections within the new prescribed appealing the decisions of TPOs acting Coast Guard option, as § 136.202, time frames. on behalf of the Coast Guard. Certificate of Inspection phase-in A maritime company offered a phase- period. This section now specifies when in timeline that depends on separate Requirements for Existing Vessels COIs are required for towing vessels certificates for a company and their During Delayed Implementation subject to subchapter M regardless of vessels. The commenter suggested that In response to comments regarding the option selected. Also, we removed within 2 years of the rule’s effective date the cost of requirements in parts 140 § 136.203 because it is no longer needed a third-party would conduct an external through 144, and concern about being given our amendment to what is now management audit of a company and able to meet those requirements soon § 136.202. issue a Towing Company Safety after the rule is make effective, we We received several comments on the Management System Certificate. Then delayed implementation of nearly all phase-in process in proposed § 136.203, during the following year, a third party requirements in parts 140 through 144 Compliance for the TSMS option. would conduct external vessel audits of until July 20, 2018. We made the rule Several commenters suggested that the 25 percent of company’s fleet and issue effective July 20, 2016 so that the Coast requirements for a TSMS and inspection each vessel a Towing Vessel Safety Guard can begin to apply other requirement be phased in to allow for Management System Certificate. Similar subchapter M regulations to review the industry to understand the new steps would be taken in subsequent applications from those seeking to requirements and identify any specific years until in the sixth year, when all become TPOs and to impose deadlines waivers that may be needed. One vessels would have to obtain COIs. for towing vessels to decide which commenter favored making sure there is As we noted in response to another option to choose—TSMS or Coast Guard about the same amount of work to be comment, we disagree with the annual inspections. We added § 136.172 done in each of the 5 years that make suggestion that two certificates should to ensure that we do not leave a gap up an inspection cycle. Another be issued instead of one TSMS after the rule becomes effective but commenter recommended a provision to certificate. We therefore decline to before most requirements in parts 140 extend the schedules in the event of a adopt a schedule based on the issuance through 144 are implemented. shortage of approved auditors or of separate certificates for a company Section 136.172 requires existing inspectors. A professional maritime and the company’s vessels. towing vessels that will be subject to association suggested that a phase-in In a submission to the docket, the subchapter M to remain subject to Coast approach will assist in the transition for National Transportation Safety Board Guard regulations applicable to the vessel operators and auditors and requested the prompt publication of the vessel on July 19, 2016 until the earlier reduce the strain on shipyards as they final rule to avoid any further delay in of two dates: July 20, 2018 or the date manage extensive drydocking that will regulating the safety of this largely the vessel obtains a COI. occur while vessels await their unregulated sector of the commercial inspections. maritime industry. The same Subpart B Certificate of Inspection The Coast Guard generally agrees with commenter felt that the proposed 6-year We received a comment on proposed these concerns. As discussed in implementation period should be § 136.200(d) urging that provisions from response to an earlier comment, the shortened. Marine Safety Manual Volume II, Coast Guard has amended the We received a comment from a towing Section B, Chapter I, referencing 46 requirements in proposed § 136.170 to company suggesting that a shorter U.S.C. 3314 and completing a foreign set the same timetable for obtaining a compliance period be applied to those voyage, should be added to the rule. COI regardless of which option the operators who have not previously As reflected in § 136.200(d), towing vessel owner or managing operator participated in the Uninspected Towing vessels issued a COI under subchapter selects, and we have removed § 136.203, Vessel Bridging Program. The same M are fully afforded the foreign-voyage- which had a separate timetable for those commenter expressed the importance of completion provisions of 46 U.S.C. selecting the TSMS option. The phased consistent application of the final rule 3314, Expiration of Certificate of approach in § 136.202 distributes the to all vessel operators. The commenter Inspection. We made no changes from work load over a 6-year period from the explained that by allowing some the proposed rule based on this effective date of this final rule. The operators to bypass the requirements comment, but on reviewing § 136.200, Coast Guard has crafted this rule to market rates will be affected, which will we decided to insert a reference to the phase in towing vessels over time for have a serious effect on small operators. COI phase-in period in proposed numerous reasons including spreading The Coast Guard concurs with the § 136.170 (now § 136.202) in paragraph costs and workload over time. Section desire to publish this rule promptly and,

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in general, to apply it consistently to all Regardless of the inspection option towing vessels subject to subchapter M vessel operators subject to subchapter chosen, the owner or managing operator will be inspected at least once every 5 M. We have explained why certain must submit an application for years. Towing vessels choosing the requirements are only applicable to new inspection to the cognizant OCMI where TSMS option would be subject to towing vessels and why excepted the inspection will take place. As annual surveys between those vessels do not need to comply with specified in § 136.130(d), the inspections, while towing vessels certain requirements. We disagree with application should indicate which choosing the Coast Guard Inspection shortening the implementation period option the owner or managing operator option would be inspected annually. across the board or, specifically, for is selecting. See §§ 137.200, 137.205, and 137.210. those companies that did not participate We amended § 136.210 to make it A company expressed concern about in the Uninspected Towing Vessel clear how and when to apply for the whether the Coast Guard would have Bridging Program, because it was a initial COI. In our proposed § 136.140, resources to hire a sufficient number of voluntary program. We believe our we specified deadlines for renewing a competent vessel inspectors for implementation period is appropriate COI, but not those for obtaining the convenient scheduling for the company, for this rule, which establishes both a initial COI. Our amended § 136.210 including drydock scheduling. safety management system option identifies the application and The Coast Guard is prepared for the involving TPOs and new requirements scheduling deadlines for the initial COI estimated demand for annual inspection for more than 5,000 towing vessels. and reflects the same application and from owners and managing operators We received a few comments on scheduling lead times for renewing a selecting the Coast Guard annual- proposed § 136.205, which identifies COI: Submit the application at least 30 inspection option. The Coast Guard will what the COI will describe. One days before the vessel will undergo the closely monitor the demand for commenter noted that minimum initial inspection for certification, and inspections and make resource manning requirements in the COI, as schedule an inspection for the initial adjustments as necessary. However, required under this provision, should be certification with the cognizant OCMI at based on our reassessment of Coast allowed to be different for different least 3 months before the vessel is to Guard resources, we have removed the types of towing vessels. Another undergo the inspection for certification. option in proposed § 136.105(b) for commenter asked how ‘‘minimum Amended § 136.212 sets forth the vessels not covered by subchapter M to manning’’ is to be determined. Another process of receiving a Coast Guard request application of this part. commenter requested allowing for inspection at least once every 5 years Another company requested that the multiple minimum manning standards and for receiving a new COI after being Coast Guard do everything possible to inspected by the Coast Guard. depending on the route. A commenter ensure that Coast Guard inspections and suggested that this rulemaking should We received one comment third-party audits or load line surveys clarify the number of required recommending that the last line of are coordinated to prevent an undue crewmembers and allow the towing proposed § 136.145(b), now burden on industry. vessel to be operated by a single redesignated as § 136.212(b), which The Coast Guard agrees there are crewmember in certain circumstances. describes the nature of inspections, Existing laws and regulations specify should specify that inspection of the benefits to coordinating audits, surveys, minimum levels of manning for towing vessel’s pollution prevention systems and inspections, and will attempt to do vessels. As stated in § 140.205, manning and procedures should be in accordance so. However, there may be times when regulations are contained in part 15 of with any Memorandum of coordination is not possible due to this chapter and vessels must be Understanding (MOU) between the scheduling and operational constraints. manned in accordance with the case Coast Guard and the Environmental An association asked that the specific requirements included in the Protection Agency. Streamlined Inspection Program be COI. As stated in 46 CFR 15.705, the The Coast Guard disagrees with this added as an alternative inspection minimum safe manning levels specified recommendation because we do not process. in a vessel’s COI take into consideration view the proposed amendment as either The Streamlined Inspection Program, routine maintenance requirements and necessary or desirable. We believe that available under 46 CFR part 8, is an the ability of the crew to perform all the current language that the ‘‘inspector available option to obtain a renewal of operational evolutions, including will also examine the vessel’s pollution a COI. If using that option, the owner or emergencies, as well as those functions prevention systems and procedures’’ is managing operator must comply with which may be assigned to persons in appropriate. An inspection involves an the procedures identified in part 8. We watches. The OCMI is empowered to examination of a vessel to determine do not need to add text to subchapter M establish a level of manning for a vessel whether it is in compliance with for this part 8 option to be available to above the minimum levels prescribed by applicable regulations or other legal vessels subject to subchapter M. law and regulation, based on the authorities. There are existing pollution An individual suggested we eliminate vessel’s nature of operations and other prevention regulations that would the term ‘‘uninspected towing vessel,’’ parameters, including route. pertain to inspected towing vessels that because towing vessels might not be One individual was unclear about are not covered by any Coast Guard inspected currently for structural whether proposed § 136.140 applied to MOU with the EPA. We have not made construction, but are regulated and are those who have an approved TSMS, as any changes in this final rule based on subject to Coast Guard rules for daily well as those who choose the Coast this comment. operation. Guard inspection option. One company An individual and a company The Coast Guard agrees that all asked for clarification of the sequence of requested clarification of the inspection towing vessels are regulated by the events for COI issuance. frequency in proposed § 136.145. Two Coast Guard to some extent but are not As noted above, our proposed companies suggested that frequency and necessarily inspected. We have chosen § 136.140, Application for a Certificate level of inspection should be to continue to identify those towing of Inspection (COI), is incorporated into accomplished on a risk basis. vessels not subject to subchapter M, and amended § 136.210 and applies to all In this final rule, § 136.145 was that are subject to subchapter C, as vessels subject to subchapter M. renamed § 136.212 and states that uninspected towing vessels.

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We received several comments on change or incremental changes made to uses to prevent the vessel from getting proposed § 136.210(b)(3)(i), which a vessel over time will affect a vessel’s underway if it is unsafe for it to do so. would require that an application for suitability for its route or service. We received one comment on initial certification include objective However, replacements in kind, as proposed § 136.230(a) noting that the evidence that the towing vessel’s defined in this subchapter, are not route endorsements on COIs issued to structure and stability comply with considered modifications. We have towing vessels should be consistent applicable requirements. Commenters made no changes from the proposed with the route designations on the COIs recommended that for existing towing rule based on these comments, but we of the tank barges being moved. vessels without a stability letter, an did clarify that a description of any The Coast Guard notes that routes on audit report noting that the towing modification is only necessary when barges and towing vessels are not vessel is being maintained and operated renewing the COI. interdependent. The towing vessel and in a manner that does not compromise With respect to proposed § 136.215, its tow is limited to the most restrictive its watertight integrity or stability which describes the period of validity of route of the towing vessel or any vessel should be sufficient to satisfy this a COI, we received two comments in the tow. The Coast Guard encourages requirement. Others contended that urging the Coast Guard to add language the company to match route-appropriate stability is not an issue on inland to the rule so that noncompliance with barges and towing vessels. However, we waterways, and that there should be no a TSMS would not immediately result made no changes from the proposed stability requirements for Western in the invalidation of the COI. rule based on this comment. Rivers towing vessels. The Coast Guard acknowledges that In reviewing § 136.235, which covers The Coast Guard has amended § 136.215 states that if the TSMS Certificate of Inspection amendments, § 136.210 to more clearly identify what certificate expires or is revoked, then we saw the need to distinguish the owner or managing operator needs the towing vessel’s COI becomes procedures for a vessel seeking a COI to provide the Coast Guard for both the invalid. Non-conformities or major non- amendment based on which option the Coast Guard and TSMS options with the conformities found during surveys or vessel selected. We amended § 136.235 application for inspection. Note that for audits do not automatically invalidate accordingly. We also added a provision the TSMS option the application must the TSMS or the COI. However, stating that the OCMI may need to now include objective evidence of deficiencies or non-conformities that are conduct an inspection before issuing an having a TSMS compliant with part 138 egregious could result in the OCMI amended COI. and that the vessel meets the removing the COI from the vessel. We received a comment on proposed requirements of this subchapter. Ultimately, the status of the COI is § 136.235, suggesting that the term Structural requirements for existing determined by the OCMI. Based on the ‘‘towing vessel’’ should replace ‘‘vessel’’ vessels are addressed in § 144.200. To extent of the deficiencies or non- in paragraphs (b) and (c)(2) of that satisfy that regulation, if a vessel is not conformities found during an section. This commenter also noted the built, equipped, and maintained to inspection, survey, or audit, the OCMI same edit and other editorial changes conform to the rules of a recognized has various opportunities to work with for various sections throughout the classification society appropriate for the the company to bring the vessel into proposed rule language. intended service and routes, the compliance without suspending or The Coast Guard disagrees that there applicant must provide evidence that revoking the TSMS certificate as is a need to change every use of the the vessel has been both in satisfactory specified in § 138.305. word ‘‘vessel’’ to ‘‘towing vessel’’ when service insofar as structural adequacy is Commenters noted that proposed we mean towing vessel. As with concerned and that the vessel does not § 136.220 would require the original § 136.235, where we initially use the cause its structure to be questioned by COI to be framed under glass and posted term ‘‘towing vessel,’’ and it is clear either the OCMI or TPO. Stability onboard the towing vessel. We received from the context that our use of the requirements for existing vessels are many comments noting that this word ‘‘vessel’’ refers to towing vessel, addressed in § 144.300 and under this requirement is outdated in this we do not see a need to repeat ‘‘towing provision, for those vessels without a electronic age. These commenters vessel.’’ We have been careful to always stability document, documentation of suggested that the provision should use ‘‘towing vessel’’ when referring to a operating history—for example through simply state that a current copy of the towing vessel in sections where we also audit reports—is one option to meet COI must be on the towing vessel and use the term ‘‘vessel’’ to mean § 144.300 requirements. available for inspection. Some of them something other than the towing The Coast Guard believes that added that the original COIs should be vessel—e.g., in our definition of stability is a concern on any vessel, kept in a central location. ‘‘bollard pull’’ in § 136.110. regardless of service or operating area. In paragraph (b) of § 136.220 we Proposed § 136.240 addresses Towing vessels must be maintained and provide the alternative of keeping the permission to proceed to another port operated so the stability of the vessel is COI readily available onboard in a for repairs. We received two comments not compromised. weathertight container. Our § 136.220 expressing support for the provision. Proposed § 136.210(b)(5) implements 46 U.S.C. 3312, which Another commenter suggested that the (redesignated as § 136.210(a)(2)(ii)) requires that the COI be displayed on vessel should be able to proceed for would require a description of any the vessel but allows for alternatives as repairs even if there is noncompliance modification to the vessel. Some we have provided in § 136.220(b). We with the COI. commenters suggested that the do consider an open boat as an example The Coast Guard notes that under provision should be limited to major or of when it is impracticable to post a § 136.240, an owner or managing substantial modifications to the design COI, but we removed this example from operator must notify the cognizant and construction of the towing vessel. the text of § 136.220(b) to place more OCMI in whose zone the non- The Coast Guard disagrees with these focus on the statutory language. We compliance occurs or is discovered suggestions. The Coast Guard needs to require the original COI to be on board, before the vessel proceeds and also must be aware of changes and modifications rather than a copy, because there is only notify any other OCMI zones through made to inspected vessels. We will use one original and removal of the COI which the vessel will transit, and that this information to determine if a single from the vessel is one means the OCMI the cognizant OCMI may require

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inspection of the vessel by a Coast vessel is no longer in compliance with ‘‘excursion party’’; these individuals Guard Marine Inspector or examination its COI. Minor repairs that do not affect would be carried as ‘‘persons in by a surveyor from a TPO prior to the the safety of the vessel (including addition to crew’’ as permitted by the vessel proceeding. We clarified seaworthiness) or its machinery would COI. We also amended § 136.210 so that § 136.240(a), which we intended to most likely not be considered issues that it prompts owners and managing apply only to vessels with a TSMS, as would invalidate the COI, and therefore operators applying for an initial COI to the TSMS may address the necessary would not necessitate a Permit to include documentation on the number conditions under which the vessel may Proceed. We have made no changes of persons in addition to the crew they safely proceed to another port for repair. from the proposed rule based on this would like the OCMI to include in the Accordingly, we amended paragraph (a), comment. COI. made corresponding amendments to Proposed § 136.245 addresses permits We received one comment on the paragraph (b), and inserted headings for to engage in an excursion. We received proposed requirement in § 136.250 for all three paragraphs in § 136.240. a comment pointing out that a permit to load lines for vessels operating outside We received one comment that carry an excursion party is required the boundary line. The commenter recommended changing ‘‘another port’’ when the towing vessel carries more questioned how the requirement to ‘‘next port of call,’’ in § 136.240 and persons than allowed by the COI, but applied to the Great Lakes, in which confining the conditions requiring a under proposed § 136.205, a COI there are no boundary lines. Permit to Proceed to situations that indicates that minimum number of The Coast Guard notes that boundary affect safety or seaworthiness. Other persons, not the maximum. lines are identified in 46 CFR part 7 and commenters noted that the master, not The Coast Guard notes that § 136.205 that load line requirements for the Great does not reflect all the information the owner or managing operator, should Lakes are provided in 46 CFR part 45. contained on the COI. The COI is a be the person deciding if the trip for We edited § 136.250 to make it clearer document issued under 46 U.S.C. 3309 repairs can be completed safely. that it applies to all towing vessels on The Coast Guard disagrees with these that is in a form prescribed by the the Great Lakes, and also reorganized recommendations. The term ‘‘next port Commandant. Currently, it lists the § 136.250 into a table for greater clarity. of call’’ may be too restrictive and may minimum number of crew, those in undermine the authority of the OCMI or addition to crew, and the total persons G. Vessel Compliance (Part 137) the vessel’s master in determining allowed on board. We have amended We received numerous comments on where the vessel may safely proceed to our description of the COI in § 136.205 part 137, and we made several changes be repaired. Regarding the last to include ‘‘total persons allowed to the overall structure and content of comment, we do list ‘‘owner, managing onboard.’’ Separately, and upon this part. In subpart A we removed the operator, or master’’ when specifying reviewing proposed § 136.205 and a definitions section, as we have removed who must make a judgment that the trip similar description in 46 CFR 2.01–5, similar definition sections in other can be completed safely. We believe we amended § 136.205 to improve its § 140.210(b) addresses the commenter’s description of a COI’s listing of safety parts, because it simply noted that concerns by specifying that if the master equipment and appliances required to subchapter M definitions in § 136.110 believes it is unsafe for the vessel to be onboard. Also, in further reviewing apply to the part. We also deleted proceed, he or she must not proceed § 136.245 we saw the need to amend it proposed § 137.115 because the until it is safe to do so. We have made to include the case where a vessel substance of this provision is contained no changes from the proposed rule chooses the Coast Guard option or the in § 136.210. based on these comments. TSMS does not address excursion We received two comments on One commenter stated that in parties. proposed § 137.120, which describes § 136.240 it appears that a company Several commenters expressed the responsibilities for compliance. One must notify the OCMI any time a vessel opinion that having guests such as commenter supported the provision that must be moved to accomplish a repair vessel owners, service technicians, the owner and managing operator are not specifically addressed in the TSMS. auditors, trainers, or crew changes for responsible for ensuring compliance The commenter stated that to other vessels should not require a and suggested that when deficiencies completely comply it seems that all special permit. Other commenters and non-conformities are identified possibilities must be addressed in the opposed the proposed requirement to during vessel inspections and TSMS TSMS or the OCMI will be inundated give 48 hours’ notice to the OCMI audits and fines imposed against a with requests for a problem not because the need for an excursion party, company, those action letters should be involving seaworthiness. We do not such as customers or vendors on a addressed to the person described in believe the commenter’s towing vessel to see a particular § 137.120, thereby ensuring the person characterization is accurate. operation, will often arise at the top is fully aware of the vessel’s Companies using the TSMS have the spontaneously. One commenter was conditional status. opportunity to tailor their system to unclear where to obtain a permit. We The Coast Guard concurs that address conditions the company received a comment requesting the § 137.120 holds the owner and anticipates may occur that would cause addition of a provision to require the managing operator responsible for the vessel not to be in compliance and COI to identify the number of compliance with subchapter M and the necessary conditions under which crewmembers and persons in addition other applicable laws and regulations. It the vessel may safely proceed to another to crewmembers allowed onboard, also specifies that non-conformities and port for repair. Under § 136.240(b), if the taking into account overnight deficiencies must be corrected in a condition is not addressed in the TSMS, accommodations, lifesaving equipment, timely manner; we have deleted the the owner, managing operator, or master etc. stated purpose for this corrective action can request permission to proceed from The Coast Guard has added requirement because it was unnecessary the cognizant OCMI in whose zone the definitions for ‘‘excursion party’’ and regulatory text. We will consider the non-compliance occurs or is discovered. ‘‘persons in addition to the crew’’ in commenter’s suggestion for where to A Permit to Proceed would only be § 136.110. Vendors/customers carried send notification of non-compliance but needed when a repair is needed and the onboard would not constitute an see no need to change the regulations.

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Under § 137.130(c), we leave An individual disagreed with the A commenter asked us what discretion with the owner and operator Coast Guard’s proposed 5-year constitutes a ‘‘visit’’ as opposed to an to specify in the TSMS procedures for inspection for vessels under TSMS. The ‘‘inspection’’ or an ‘‘audit.’’ reporting and correcting non- commenter suggested that like vessels The Coast Guard may engage in visits conformities and deficiencies. We have under SOLAS, an annual verification to TPOs, as discussed in § 139.160, to reorganized § 137.130 to make it easier examination should be conducted. ensure compliance with this rule. The to read and understand the In the NPRM, we did state that at the Coast Guard notes that in the preamble requirements of the two programs for vessel level, towing vessels operating of the NPRM we stated that, as part of compliance under the TSMS option. under the TSMS option would receive our oversight of those organizations, we Another commenter requested that audits and surveys by a TPO, in would conduct random oversight visits standard forms be provided to assist addition to the Coast Guard conducting to the offices of TPOs that conduct small companies with compliance, and compliance examinations at least once TSMS audits and surveys. The Coast that the Coast Guard should provide every 5 years, along with additional Guard also clarifies the procedures for guidelines to OCMIs for simple random compliance checks based on such visits. The Coast Guard will inspections of towing vessels operated risk (76 FR 49978, Aug. 11, 2011). While provide notice to the employer 48 hours by companies too small to have staff some vessels operating under a TSMS in advance of any site visit, unless the dedicated to regulatory compliance, and may be inspected by the Coast Guard visit is in response to a complaint or that the Coast Guard should provide once a year, we do not feel that annual other evidence of regulatory non- standard forms similar to U.S. Army Coast Guard inspections are necessary compliance (see § 139.160). In response Corps of Engineers usage reports which given the audit and survey requirements to an earlier comment above, we have can be submitted to the local sector for vessels with a TSMS, along with our discussed the distinction between OCMI. oversight of that system. inspections and audits. We have made Regarding the second commenter, the We received three comments no changes from the proposed rule Coast Guard does not plan to prepare a objecting to the term ‘‘seaworthiness’’ based on this comment. One commenter expressed the specific form, but we have prepared a proposed in § 136.150(a)(4), which we opinion that annual and periodic Coast Small Entities Guide (available in the have reorganized into § 137.200. They Guard inspections under proposed docket) for this final rule and we do noted that the appropriate term, § 136.150 would overly tax the system plan to provide guidance to OCMIs on especially for Western River towing and not effectively utilize Coast Guard implementing this rule. We will develop vessels that don’t go to sea, is ‘‘fit for the inspection talent. where necessary and appropriate service for which it was intended’’ or On page 32 of our Preliminary inspection and compliance checklists, ‘‘suitable for its intended route.’’ A Regulatory Analysis and Initial job aids, and guides for our OCMIs and commenter noted that proposed Regulatory Flexibility Analysis (USCG– make them available to the public. We § 136.150(a)(2) (now § 137.200(b)) 2006–24412–0002) we assumed that made no changes from the proposed would require a more detailed 1,340 towing vessels from small rule based on these comments. inspection if an inspector finds companies with fleets of five or fewer We removed § 137.125 because it deficiencies or determines a major vessels would select the Coast Guard simply states that if a TSMS is change has occurred, and recommended annual-inspection option. Based on the applicable to the vessel it must have we set up boundaries on the open-ended many comments submitted about the provisions for compliance with part term ‘‘deficiencies,’’ such as benefits of a TSMS, we still anticipate 137. Section 137.125 is unnecessary ‘‘deficiencies of sufficient number or that many owners and operators of because part 138 addresses what the severity,’’ and that we delete the ‘‘major towing vessels, particularly those from TSMS must cover regarding all change’’ provision. companies with large fleets, will select subchapter M requirements. The Coast Guard partially agrees with the TSMS option. The Coast Guard will The new structure of this part, these recommendations. We consider closely monitor the demand for specifically in subparts B and C, ‘‘seaworthiness’’ to be an appropriate inspections and will make resource presents together the discussion of term for considering the condition of the adjustments as necessary. inspections and surveys conducted vessel and note that the term is used in With respect to the periodic survey under the both Coast Guard and TSMS the Riverman’s Lexicon (Lehman), a provision in proposed § 137.205, we options. As mentioned in the previous noted publication specific to the received one comment favoring an audit section of the preamble, we moved the Western Rivers. However, we have by a third party every 3 years rather discussion of inspections under the added a reference to fitness for route than every year. Coast Guard option from proposed and/or service to further clarify the The Coast Guard disagrees with this §§ 136.150 and 136.165 into subpart B intent in the paragraphs where we use recommendation. We believe that 3-year of this part. We also added a Coast the term ‘‘seaworthiness’’: intervals would allow unsafe conditions Guard option section in subpart C of §§ 137.200(d), 137.300(b), and and other problems to go undetected for this part. In subpart C, we rearranged 137.335(a)(1). too long. The annual compliance the order to place the discussion of We define the term ‘‘deficiency’’ in activities are consistent with other drydock intervals first and then describe § 136.110 to mean ‘‘a failure to meet classes of inspected vessels including the Coast Guard and TSMS options. In minimum requirements of the vessel those that implement other safety response to comments we changed the inspection laws or regulations,’’ and we management systems. To clarify when term ‘‘periodic survey’’ to ‘‘external do consider it appropriate to call for a the annual survey under § 137.205 must survey program’’ and the term ‘‘audit more detailed inspection if deficiencies be conducted, we amended § 136.110 by program’’ to ‘‘internal survey program’’ or a major change to the vessel are adding a definition of ‘‘anniversary throughout the rule, including in the found. A major change would include a date’’ tied to the expiration date of the headings for §§ 137.205 and 137.210. major conversion but would also COI or TSMS certificate and we We also defined these terms in capture other changes such as changes amended § 137.205(a)(3) by referring to § 136.110 and added a reference to them that may affect the operational safety of the COI’s anniversary date. We also in § 137.130. the vessel or fitness for route or service. amended other sections that referenced

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anniversary issuance date to read procedures for assigning personnel to Coast Guard has established ‘‘anniversary date.’’ conduct surveys. requirements for auditors to ensure the We received one comment asking We received several additional competency of auditors in TPOs at 46 whether participation in an ISM comments on the provisions in CFR 139.125 and 139.130. The Coast program and issuance of a vessel’s proposed § 137.210. A few commenters Guard retains oversight and Safety Management certificate would suggested that ‘‘audit program’’ should administrative control of TPOs and meet the requirements in proposed be changed to ‘‘program of continuous through them, their auditors. See 46 § 137.210, which is now titled Internal assessment’’ and that the requirement in CFR 139.135, 139.145, 139.150, and survey program. Section 138.225 clearly proposed paragraph (b) for timing of the 139.160. We do not see the need for an states that ISM Code compliance meets surveys should provide that surveys additional level of review of their work. the safety management requirements in may be conducted within 3 months of We developed these rules in this subchapter. To clarify our reference the anniversary date of the previous coordination and consultation with in § 138.225 to such vessels being survey. TSAC, a Federal Advisory Committee deemed in compliance with ‘‘these’’ Section 137.210(b) specifies that the whose members are appointed by the requirements, we amended § 138.225(a) interval between successive surveys of Secretary of Homeland Security to in this final rule to replace ‘‘these any item must not exceed 1 year. The advise, consult with, and make requirements’’ with ‘‘TSMS-related words ‘‘unless otherwise prescribed’’ at recommendations to the Secretary on requirements in this subchapter.’’ This the end of that paragraph modify the matters relating to shallow-draft inland clarifying edit is consistent with our reference to not being required to survey and coastal waterway navigation and statement in the NPRM preamble that items as one event. The internal survey towing safety. Further, OCMIs work the Coast Guard is proposing to accept program allows the owner or managing with Harbor Operations Committees and compliance with the ISM Code, an operator to assess the required items conduct regular meetings with port internationally mandated safety through a series of surveys, resulting in stakeholders and other industry management system for vessels subject maximum flexibility in conducting representatives at the Sector level to to the SOLAS, as satisfying TSMS- vessel operations while fulfilling discuss maritime issues, including those related requirements. We implemented regulatory requirements. We want to related to towing vessels. We made no the ISM Code through regulations in 33 preserve the flexibility afforded to the changes from the proposed rule based CFR part 96 and view the processes and owner or managing operator that was on this comment, but we did clarify the procedures in place for compliance with intended by the continuous survey reference to a ‘‘change in ownership’’ in the ISM Code as sufficient to ensure that aspect of the internal survey program, proposed § 139.125(c)(4) (now towing vessels comply with TSMS- and view the 1-year-from-successive- § 139.125(d)(4)) that would cause an related requirements in subchapter M. survey requirement as the best means of approval for a TPO to expire by This commenter also stated that assuring that required surveys under inserting the words ‘‘as defined in proposed paragraph (e) of § 137.210 this flexible system are conducted. § 136.110’’ after the term. appeared to indicate the audit can be Therefore, we did not adopt the One commenter expressed concern conducted by the operating company commenter’s suggestion to amend about a lack of qualification since the OCMI may require the § 137.210 to require that surveys be requirements for the individual doing attendance of an approved third party. conducted within 3 months of the the surveys under the § 137.210 internal He asks if our intent is to allow the anniversary date of the previous survey. survey program, beyond those written operator to conduct these audits in lieu One commenter recommended that into the TSMS. He recommended that of periodic (annual) audits by a third proposed § 137.210(a)(3) on the rule require the individual party. identification of items that need repairs conducting surveys under § 137.210 to Yes, it was our intent, which is should allow for the issuance of Form have comparable qualifications to the reflected in this final rule, to allow CG–835 deficiency tickets. third-party surveyor. operators to conduct some surveys and The Coast Guard agrees that the list of The Coast Guard has amended audits. We believe the commenter items for inspection and repair should § 137.210 by adding paragraph (a)(8) meant to reference paragraph (e) of include any existing deficiencies listed requiring that the TSMS contain § 137.215. Section 137.215 deals with by the Coast Guard on Form CG–835, procedures for assigning personnel to conducting surveys and its paragraph (e) Notice of Merchant Marine Inspection conduct surveys. As suggested by the states that the OCMI may require the Requirements. We have amended commenter, under § 138.220(c)(1) attendance of an approved third party § 137.210(a)(3) accordingly, and also survey requirements must be specified ‘‘to assist with verifying compliance added these related items: noted survey in the TSMS. We have amended with this part.’’ We deleted § 137.210(c) deficiencies, non-conformities, and § 138.220(c)(1) to make it clear that the to remove the requirement that a towing other corrective action reports. TSMS must list the minimum vessel must successfully complete an Noting actions listed in proposed qualifications of a surveyor if the initial audit by a TPO before it may be § 137.210(d) (now § 137.212), which surveyor is not from a TPO. We also placed into an internal survey program. explains the OCMI’s authority to require removed § 138.220(c)(3) and (e) because Section 137.210 contains the provisions audits, surveys, and removal from the their proposed requirements are covered that allow for owners and managing TSMS option, one commenter called for in elsewhere in § 138.220. operators to conduct annual surveys the Coast Guard to establish and use an We received two comments on under the internal survey program. For industry advisory committee for each proposed § 137.215, which describes the the purposes of auditing under the OCMI to advise him or her based on general conduct of a survey. One TSMS option, there is also an internal impartial industry knowledge. Another commenter noted that proposed audit program described in part 138 that commenter recommended peer review paragraph (b)(3) would require allows the owner or managing operator to verify the quality of work performed observation of drills and training, but to conduct annual internal management by auditors. periodic surveys are typically performed audits. We note that we have amended The Coast Guard disagrees with the while the towing vessel is in drydock or § 137.210 by adding paragraph (a)(8) suggestion that we establish and use an on a railway, and crews are generally requiring that the TSMS contain advisory committee for each OCMI. The not on board.

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The Coast Guard disagrees with the As discussed in § 137.330(b), fuel towing vessel has one installed, and commenter’s premise that periodic tanks need not be cleaned out and have defined rescue boat as described surveys under this subchapter will take internally examined if the general earlier in this preamble. place in a dry dock. At least portions of condition of the tanks is determined to One commenter objected to a surveys under § 137.215 will require be satisfactory by external examinations. § 137.220(g) requirement for towing that the vessel is dockside or underway While the Coast Guard does not agree vessels to conduct a man-overboard to complete adequate operational that crew competency can be verified by drill, simulated under emergency assessment of equipment contained in just reviewing records of required conditions. The commenter noted that the scope of § 137.220. training and drills, we have removed the towing vessels on the Great Lakes However, the Coast Guard agrees with requirement for witnessing drills from should not have to comply with the commenter that a surveyor would the survey portion of the rule and have standards not applied to ‘‘self-propelled not traditionally be expected to observe moved it to the audit requirements in lakers’’, that is, other self-propelled the performance of a drill by the crew. §§ 138.405 and 138.410. Any watertight vessels, on the Great Lakes. We have amended § 137.215 to reflect fittings that crews rely on for watertight The Coast Guard disagrees and did that the surveyor would focus on the integrity and vessel safety should be not make a change from the proposed vessel’s structural, electrical, and operational and subject to survey. rule based on this comment. We seek to mechanical systems, and equipment, One commenter noted that § 137.220 promote safe vessel operations for all including those used in drills—for should be amended to clarify that a towing vessels and we have casualty example, davits, cranes, pumps, and topside exam can be conducted in data that indicates that falls overboard lifesaving equipment. These functions segments and need not be done as a is one of the main contributing factors could be performed while in drydock or discrete event. to crew member fatalities in this without the crew present. It is the Section 137.220 describes the scope of industry. As detailed in § 136.105, the auditor who will focus on the the survey which would apply under Coast Guard has provided a number of operational performance of the crew to either the § 137.205 or § 137.210 exceptions for towing vessels based on assess the competency in the program. For those choosing the the known risks involved in their performance of the assigned roles. For § 137.210 internal survey program to specific operation. The Coast Guard has such an audit, the crew must be present demonstrate vessel compliance, the declined to provide blanket exemptions and the vessel must be ready to Coast Guard makes it clear in for entire operating areas such as lakes, demonstrate the performance upon § 137.210(b) that the owner or managing bays and sounds, rivers, or as the request. The Coast Guard has amended operator is not required to survey the commenter suggests, the Great Lakes. §§ 138.405(d) and 138.410(c), conduct of items as described in § 137.220 as one The Coast Guard has evaluated the internal and external audits, assigning event, but may survey items on a hazards of towing vessel operations in auditors the responsibility to witness schedule over time, provided that the each of these particular areas and drills. interval between successive surveys of determined that the application of these Another commenter requested a any item does not exceed 1 year, unless regulations to certain towing vessel change to proposed paragraph otherwise prescribed. The Coast Guard operations in each of these areas would § 137.215(c) which he felt created an believes that § 137.210(b) provides clear improve safety to life, property and the unnecessary loophole. He recommended guidance that an owner or managing environment. deleting it or revising it to read: ‘‘While operator of a towing vessel may select In addition, noting the language all the items listed in § 137.200 must be to have surveys done during multiple currently in 33 CFR 164.01(b) and the surveyed for all vessels regardless of events. In contrast, the § 137.205 ‘‘33 CFR part 164, if applicable’’ their condition, vessels and equipment external survey program calls for one language in proposed § 137.220(j)(5), a found to be in poor condition may be event, an annual survey, and not commenter raised concerns about required to undergo more stringent successive surveys to survey the items determining when and whether a given examinations in order to satisfy the described in § 137.220. The Coast Guard towing vessel is subject to 33 CFR part attending surveyor.’’ has not made any changes from the 164 navigation safety regulations. The Coast Guard agrees that proposed rule in response to this We did not propose to amend 33 CFR § 137.215(c) should be amended to comment. part 164, and neither § 164.01 nor other address this concern. We added Another commenter recommended sections in that part use ‘‘inspected’’ or language to § 137.215(c) to ensure that that we eliminate the term ‘‘rescue boat’’ ‘‘uninspected’’ as criteria for survey standards in § 137.215 are met from the rule, which we used in applicability, so this rule does not alter and to require an expanded examination proposed § 137.220(g)(6) when the applicability of 33 CFR part 164 for by the surveyor when he or she finds identifying the scope of items to be towing vessels. To see what multiple deficiencies indicative of examined and also in crew safety requirements in 33 CFR part 164 may systematic failures. Regarding the items regulations in part 140 of the NPRM. He apply to a given towing vessel, one to be surveyed, § 137.215(b) clearly notes this change would avoid needs to review all of § 164.01, not just states that the survey must address all confusion between the terms ‘‘skiff,’’ paragraph (b) which is focused on items in § 137.220. ‘‘survival craft,’’ and ‘‘rescue boat.’’ towing vessels. For example, § 164.01(d) We received several comments on the The Coast Guard agrees that the use points to automatic identification scope of surveys in proposed § 137.220. of the term ‘‘rescue boat’’ in this rule system requirements without reference Some of the commenters focused on could cause confusion. We did not to type of vessel. We made no changes three requested changes: Clarification propose that subchapter M require from the proposed rule based on this that gas-freeing prior to entry into towing vessels to carry rescue boats, so comment. confined spaces, such as fuel tanks, is to avoid confusion, we have removed We received two comments on not required; allowing verification of the references to rescue boats in proposed § 137.300, a section on drills to be done using a review of §§ 137.220 and 140.405. We did, documenting compliance with drydock documentation; and limiting the however, leave instruction and drill and internal structural surveys inspection of watertight doors to those requirements in § 140.420(d)(4) for requirements. One of these commenters that were required to be installed. launching and using a rescue boat if a referenced § 136.130(d) in combination

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with § 137.300 when requesting we moved requirements for examination requirements in this final clarification about the scope and documenting compliance with load line rule are consistent with the frequency of such surveys. Both and other requirements in this subpart requirements for other vessels subject to § 136.130(d) and redesignated to § 137.305 for vessels choosing the inspection, and we see no reason to § 137.300(a) make it clear that the TSMS option and to § 137.302 for believe this frequency of drydocking frequency does not change based on vessels choosing the Coast Guard would need to be increased for towing which option is chosen to obtain a COI. inspection option. We recognize that 46 vessels. The Coast Guard will monitor Further, we amended § 137.300(a) to CFR 42.03–5(b)(1)(v) in subchapter E the inspected fleet to see if increased clearly indicate that the drydock and excepts vessels that operate exclusively frequency is called for in the future. As internal structural intervals start after on inland waters and that do not engage discussed earlier, proposed § 137.305 the issuance of the initial COI. in coastwise or Great Lakes voyages has been redesignated as § 137.300 in Paragraphs (a)(1) and (2) of § 137.300 from load line requirements. However, this final rule. clearly state the intervals for drydock § 137.305(c) and amended § 137.320 Some commenters thought the and internal structural surveys. Finally, make clear that the load line provision provision of proposed § 137.305 should we established separate sections for is only relevant for towing vessels be amended to ensure vessels operating vessels using the TSMS option subject to subchapter E load line on the Great Lakes may receive a 1-year (§ 137.305) and those using the Coast requirements. Similarly, the provisions extension on the required interval for Guard inspection option (§ 137.302) to in new § 137.322 for vessels currently drydocking and interval structural document compliance with drydock and classed by a recognized classification examinations as provided under load internal structural survey requirements. society whose applicable rules have line provisions in 46 CFR subpart 42.09 Regarding the scope of drydock and been accepted by the Coast Guard, are and current Coast Guard policy. internal structural surveys, whether a only relevant to vessels so classed. The Coast Guard disagrees that vessel provides objective evidence using Redesignated § 137.305 clarifies that modification to our applicable text, now the external survey option under objective evidence is needed to found in § 137.300, is needed. The § 137.310 or the internal survey option demonstrate that a vessel utilizing the extension of a Great Lakes Load Line under § 137.315 requirements (see these TSMS option complies with the certificate by the Ninth District options referenced in redesignated drydock and internal structural Commander is addressed in 46 CFR § 137.305(a) and (b)), the scope of the examination requirements of this 42.07–45(d)(2). Existing Coast Guard survey is clearly laid out in § 137.330. subpart. Paragraph (c) points to policy, found in the Marine Safety Also, § 137.325 contains a §§ 137.320 and 137.322. We amended Manual, Volume II, provides additional comprehensive inventory of items to be § 137.320 to make clear that an guidance to the Coast Guard and reviewed during the examination. The examination performed to maintain a industry regarding extensions of Coast Guard believes that the numerous valid load line certificate issued in drydock and internal structural items identified in § 137.325, in accordance with subchapter E would examinations for Great Lakes vessels. addition to the supporting § 137.330, count as an examination required under The Ninth District Commander is also provide sufficient information to § 137.300. Also, new § 137.322 allows the approving authority for drydock address the commenter’s concerns. As for the same consideration in the case of extensions for these vessels, including noted above, redesignated § 137.300 a drydock and internal structural towing vessels operating on the Great makes clear that regardless of the option examination performed to maintain chosen to obtain a Certificate of class by a recognized classification Lakes. While the same entity can issue Inspection, each towing vessel must society whose applicable rules the Coast both of these extensions, the load line undergo a drydock and internal Guard has accepted. In the case of those certificate and the vessel’s Certificate of structural examination at the prescribed vessels required to conduct two drydock Inspection must both be annotated with intervals after the issuance of the initial and internal structural examinations in the new due date for the vessel’s COI. Accordingly, we have amended the accordance with § 137.300(a)(1), the drydock and internal structural § 137.325 heading so that it no longer allowance under either § 137.320 or examination. We made no changes from references just surveys for the TSMS § 137.322 only counts for one of the the proposed rule based on this option. Throughout amended subpart C required examinations. comment. of part 137 we have changed the term We received several diverse Some commenters noted that a ‘‘survey’’ to ‘‘examination’’ when comments on proposed § 137.305, definition for ‘‘saltwater’’ is needed if referring to the drydock and internal which specifies intervals for drydock the times of operation in ‘‘saltwater’’ is structural examinations. and internal structural surveys. One a factor in determining intervals for A person commenting on proposed commenter observed that towing vessels inspections. § 137.300(c), which called for objective operate in an environment that requires The Coast Guard did not add a evidence of compliance with certain them to be in contact with barges and definition for the term ‘‘saltwater’’ in load line requirements in subchapter E, vessels, and that this contact puts the rule. The Marine Safety Manual, noted that load lines are not applicable unusual stresses to the hull. Based on Volume II, places the responsibility of to inland towing vessels. We agree that this observation the commenter determining salt water and fresh water load lines are not applicable for suggested that the survey intervals dry-docking and internal structural situations where the inland towing called for in proposed § 137.305(a)(2), inspection intervals on the OCMI. If vessel never operates on the Great Lakes redesignated § 137.300(a)(2), for vessels fresh water intervals are determined or outside the Boundary Lines. But not exposed to salt water often should appropriate for a specific vessel, the under § 136.250, the load line be the same as those with more OCMI will annotate the fresh water requirement in subchapter E would saltwater exposure—at least twice every service intervals on the vessel’s COI and apply to certain towing vessels 79 feet 5 years and not more than 36 months evaluate that determination or more in length that normally operate between drydockings—instead of just periodically. OCMIs maintain lists of on inland waters but that sometimes once every 5 years. boundary lines where fresh water ends, operate on the Great Lakes or outside The Coast Guard disagrees. The and salt water begins, within their the Boundary Lines. In this final rule, drydock and internal structural particular zones.

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A commenter expressed concern costs, that is, 10 percent of vessels will the term ‘‘free of’’ and have further about the cost of the requirements. He incur this cost for drydocking. As a rearranged the paragraph so that the wrote that proposed § 137.305 would result, we modify the average cost to standard for evaluating the listed items impose enormous cost on small reflect the upper 10th percentile cost of detected in the hull and related businesses, and that his company’s $40,000, for a weighted average cost of structure and components is whether vessels that operate in the Southeast in $13,250. As per the regulatory they ‘‘adversely affect the vessel’s a saltwater environment would have to requirements, vessels that are not seaworthiness or fitness or suitability be drydocked twice every 5 years at an currently covered by a safety for its route or service’’ instead of estimated cost of about $40,000 for each management system are assumed to ‘‘reducing effectiveness.’’ Also, in drydocking evolution for one vessel, or incur this cost once every 5 years for § 137.325(a), we changed ‘‘determine $80,000 per vessel every 5 years. freshwater vessels and twice every 5 that’’ to ‘‘determine whether’’ to better Another commenter suggested that years for saltwater vessels.3 For a more reflect the purpose of the survey: To § 137.305, requiring drydocking of detailed discussion of the costs, see determine if standards are met. In saltwater vessels twice every 5 years, section 3.3 of the Regulatory Analysis response to the second comment, the would cost his company at least which is available in the docket. Coast Guard amended § 137.335 by $100,000 to $150,000 per vessel. We received a few comments on removing the word ‘‘appreciable’’ to The drydock and internal structural proposed § 137.315. Some commenters provide a more consistent standard with examination requirements in this final were unclear whether the requirement that of § 137.325(a), and by reorganizing rule are consistent with the of notification prior to commencing the section to better clarify its intent. requirements for other vessels subject to work at the drydock refers to any Two commenters expressed general inspection and necessary to meet the drydock work or only those drydock opposition to the proposed statutory requirements for vessel visits that are required by the TSMS. requirements and scope for regular inspections. We have made no changes In response, we amended § 137.315(d) mandatory drydock examinations. One from the proposed rule based on this to clarify when to notify the Coast commenter stated that harbor service comment. Guard under paragraph (d) and TPOs boats are already being retired on a With regard to the cost of drydocking, under paragraph (b) of activities related regular basis when their structural after publication of the NPRM, the Coast to credit drydocking or internal usefulness is at an end, and therefore Guard sponsored a study of standard structural examinations. mandatory structural inspections are not marine engineering services for use in A few commenters asked that warranted. The commenter also noted regulatory analyses, titled ‘‘Study of § 137.315 be modified to clarify that the the cost of additional boats to fill the Marine Engineering and Naval items described in § 137.330 need not be service void when these boats are in Architecture Costs for Use in Regulatory examined as one event, but may be transit to a certified inspection drydock Analyses’’ by ABS Consulting, available examined on a schedule over time. and when undergoing a drydock on the docket. According to the Section 137.315(c) states that ‘‘The inspection. Another commenter was Engineering Cost Study, cost of interval between examinations of each specifically concerned that proposed drydocking can vary based on a variety item may not exceed the applicable § 137.330 was vague regarding pulling of factors, including vessel size, vessel interval described in § 137.300.’’ The the tail shafts for inspection. weight, equipment, type of work, Coast Guard believes the words Because of the nature of towing, the operating environment and location of ‘‘examinations of each item’’ provides hulls of towing vessels are exposed to the drydock.2 The Engineering Cost clear guidance that an owner or the unique hazards that result in Study summarizes the minimum, managing operator of a towing vessel degradation and damage to the towing average and maximum costs of may select to survey different items vessel in the normal course of operation. drydocking for various vessel types in described in § 137.330 during multiple For this reason, regular drydocking of a Table 6–9, page 32. The Engineering events, and the remainder of towing vessel to inspect its underwater Cost Study does not report a separate § 137.315(c) makes clear that the areas is a necessary component of cost category for towing vessels. The interval for surveys of a given item must assessing and verifying fitness for Coast Guard uses the costs for smaller not exceed the applicable interval service. We note, however, that as Freight Ships and Industry Vessels as a described in § 137.300. proposed in the NPRM, § 137.335 in this proxy for towing vessels based on Several commenters argued that final rule identifies situations where it similar size and operating proposed paragraph (a) of § 137.325, may be acceptable to conduct an characteristics. Based on the requiring a surveyor to determine that underwater survey in lieu of a Engineering Cost Study, the minimum the hull and related structure and drydocking. cost for a drydocking of a towing or components are free of defects or The Coast Guard notes that scope of similar vessel is $2,000, the maximum deterioration, would be too difficult to drydock examination required by is $20,000 and the average is $9,250. We meet. One commenter suggested § 137.330 is the same for both seagoing consider the $9,250 as the best available language we used in proposed and inland service. The Coast Guard estimate for the average cost of § 137.335(c)(3) regarding underwater believes § 137.330 clearly lays out the drydocking. We acknowledge that the inspections—‘‘free from appreciable scope of the required drydock $40,000 estimate provided by the defects and deterioration’’—stating that examination for all towing vessels commenter is feasible given the it does not make sense to require a subject to subchapter M. Our proposed variability of factors, such as size and higher standard for a vessel on drydock definition of ‘‘drydock’’ in § 136.110 location. To account for the variability, than one being inspected in the water. actually defines a drydock examination we assume that the $40,000 cost is at the The Coast Guard agrees with the (as opposed to the physical dock) and 90th percentile of the distribution of commenters with respect to the term matches the definitions of that term in ‘‘free of defects [and] deterioration.’’ We subchapters K and T, so we amended 2 Source: ABS Consulting for the U.S. Coast have amended § 137.325(a), to remove the term being defined to ‘‘drydock Guard, Study of Marine Engineering and Naval Architecture Costs for Use in Regulatory Analyses, examination.’’ March 29, 2013, Contract GS–23F–0207L2714803, 3 Vessels currently covered by an SMS already are Regarding examination of tail shafts, page 30. required to undergo drydocking at similar intervals. the Coast Guard proposed

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§ 137.330(a)(2) to permit the surveyor or and provide employment for his managing operator of a vessel using the inspector to conduct the required personnel. Other commenters noted that TSMS option to discuss such costs with examinations using different means the paperwork requirements would the company’s TPO, as appropriate. than pulling the tail shaft, so long as the distract pilots while they are steering One commenter predicted the cost of method used allows the surveyor or their towing vessels. surveys would likely increase for both inspector to properly evaluate the tail The Coast Guard views the TSMS, small and large companies, citing the shaft for bends, cracks, and damage. and its requirements for records to demand for Coast Guard-approved These methods may include document compliance with regard to surveyors from TPOs and the increased technologies such as non-destructive training, as the foundational document scope of surveys. He noted many testing and x-ray. The Coast Guard has itemizing the standards, processes and common repairs that can now be not made any changes from the management systems necessary to performed without requiring proposed rule based on these improve maritime safety aboard towing independent surveys will require drydocking and tail shaft comments. vessels. Towing companies that lack the independent surveys under this rule. Regarding the cost of additional boats resources to develop and implement a The Coast Guard does not accept the to fill the service void when these boats TSMS may choose the Coast Guard premise that this rule imposes a are in transit to a certified inspection inspection option and will not have to requirement that independent surveyors drydock and when undergoing a maintain the TSMS-required records must be involved before common drydock inspection, the Coast Guard has and documents. We note, however, that repairs are performed. Regarding added an estimate of lost revenues personnel record requirements in repairs, under § 137.305, the OCMI may (rather than the cost of replacement) to § 140.400(a) and (b) apply to all vessels require additional examination of a account for the potential impacts of subject to subchapter M; in response to vessel whenever he or she discovers or vessels being out of service due to this comment we have made clarifying suspects damage or deterioration to hull drydock inspections. Further amendments to those paragraphs. With plating or structural members that may information is available in Section 2.5 of respect to associated paperwork, many affect the seaworthiness of a vessel. We the Regulatory Analysis. of the entries are short in duration and believe the OCMI should be able to We received a few comments on the Coast Guard does not mandate when require additional examinations when § 137.335, which sets out provisions for the paperwork is filled out. he or she discovers such conditions, and an underwater survey in lieu of Regarding crews and visitors, the we note that such examinations are drydocking. One commenter expressed Coast Guard will issue certificates of typically reserved for those dry-docking support for the provision. One inspection that establish the level of and topside surveys required by part commenter suggested that for purposes manning and persons in addition to the 137. We note also that under of determining whether an underwater crew that will be allowed to be on board §§ 137.135(a)(12) or 137.210(a)(3) there survey is appropriate, the age of the hull the vessels. Companies should work is a requirement to identify items that should be used rather than the age of the with OCMIs prior to issuance of the COI need to be repaired or replaced before towing vessel. to request any additional personnel the vessel continues in service, but this The Coast Guard does not agree that above what the required manning level would not require a TPO survey before we should use the age of a given vessel’s would normally be. The Coast Guard common repairs could be made. hull as opposed to the vessel’s age when does not agree with the commenter’s Regarding the need for surveyors from considering eligibility for enrollment in assertion that the OCMI does not need TPOs, under the Coast Guard option, an underwater inspection in lieu of to be contacted to carry additional annual inspections are performed by drydocking (UWILD) program. For an personnel (visitors, company reps, etc.) Coast Guard personnel and do not existing vessel with no prior credit beyond what is stated on the COI. We require participation of a surveyor from drydock overseen by the Coast Guard, note that § 136.245 provides for the a TPO. Similarly, if a company has a we have no criteria to make an ‘‘age of issuance of an excursion permit by the TSMS and chooses an internal survey hull’’ determination. Once inspected, a OCMI as needed. program, the surveys can be conducted completely new hull will likely be The application for inspection allows by a qualified member of the company considered as a major modification and owners and managing operators to and would not require a TPO. If a reset the vessel’s age for purposes of request the routes necessary to company with a TSMS uses the external UWILD enrollment. accomplish their business. OCMIs will survey program, they would incur While we did not make a change from evaluate that request to determine if the additional costs of using a surveyor the proposed § 137.335 based on these vessel meets the standard for the routes from a TPO. comments, we did amend § 137.335 to being requested. Those standards are clarify the process for the UWILD found in parts 140 through 144. We H. Towing Safety Management System program by stating that it is the Coast made no changes from the proposed (TSMS) (Part 138) Guard that determines if the stated rule based on these comments. We received many comments on our criteria for eligibility has been met. One maritime company expressed proposed part 138 TSMS requirements. One commenter opposed several concerns regarding added operating We received several comments with vessel compliance provisions in part costs incurred that will stem from regard to the schedule for the TSMS 137. He argued that requirements for drydock inspection fees paid to option. An individual suggested that the training and recordkeeping will be an surveyors or the Coast Guard, and from implementation of a TSMS should occur excessive burden on small companies, a audit exams and what the maritime immediately with the allowance of a 6- distraction to pilots, and cause undue company considers unnecessary repairs month interim certificate. This hardship for vessel owners; that vessel brought upon the industry by non-risk- commenter stated using an interim basis managing operators should not have to based regulations. approach, as is done with the ISM Code, get permission to put visitors, company The requirement to have a surveyor will prevent reinventing the wheel and representatives, or additional personnel from a TPO conduct a drydock and align the system approach to existing on the vessel; and that restrictions in internal examination is predicated on requirements. routes permitted on the COI would be the option chosen to obtain a COI. The We have made a number of changes, a deterrent to his ability to make a living Coast Guard encourages the owner or as explained in this section to provide

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for a smooth implementation of the 138.220 pertaining to the purpose, crew members are able to perform TSMS option while keeping in mind the functional requirements, and elements required tasks. For this reason, we have burden to owners and managing of the TSMS be revised to be more edited the quoted language in operators. In the NPRM, we proposed simplistic and to more clearly state the § 138.220(b)(1) to require the TSMS to that owners and managing operators primary goals of a TSMS. contain employment procedures which who select the TSMS option would have We believe the purpose, objectives, ensure ‘‘that personnel are able to 2 years from the effective date of a final functional requirements, and elements perform required tasks.’’ rule to create their TSMS, have a TPO presented in these four sections in part We received a comment requesting approve it and then issue a TSMS 138, subpart B, succinctly establish more details regarding crew member certificate. The owners and managing reasons for, and the requirements and (master, mate, able seaman, pilot, etc.) operators would then have 4 years from goals of, a safety management system. responsibilities in the operation, the date of that TSMS certificate to bring The Coast Guard incorporates these core managing, and implementation of the all vessels under their ownership or elements to provide consistency with TSMS and the vessel. management into the TSMS and obtain the ISM Code and to identify the The Coast Guard does not agree that COIs for them. elements that must be addressed when the regulations should contain more In this final rule, we changed developing a TSMS. In response to a details on crew responsibilities and § 138.115 so that owners or managing previous comment, we did revise our believes that this should be left to the operators of towing vessels need only to definition of ‘‘safety management discretion of the owner or managing obtain a TSMS certificate issued under system,’’ which identifies the nature of operator to set in the TSMS. Under § 138.305 at least six months before an SMS and who it enables to § 138.220(b), policies must be in place being able to have any of their vessels effectively implement the safety and in the TSMS that cover the owner or obtain a Certificate of Inspection under environmental protection requirements managing operator’s approach to the TSMS option. We made this change of subchapter M. Additional guidance managing its personnel, including the to better account for the time needed for will be developed to help the industry duties and responsibilities of the third parties to obtain approval from the and public understand the goals of a crewmembers. Coast Guard and for owners and TSMS and how to develop and We received comments from managing operators to obtain approval implement one. individuals and a maritime company of their TSMS from these third parties Some commenters requested recommending that the rule ensures that before being required to have their clarification regarding the proposed major non-conformities, non- vessels obtain a COI. We also believe functional requirements in § 138.215(f) conformities, accidents, and hazardous that six months of implementing a and TSMS elements in § 138.220(e) situations are reported to the owners, TSMS is sufficient for obtaining a COI, related to the phrase ‘‘procedures to company, or managing operators; are and as required, the vessel would need manage contracted (vendor safety) investigated and analyzed with the to have on board a copy of the owner services.’’ The commenters suggested objective of improving safety and or managing operator’s TSMS that the management of all hired pollution prevention; and that auditors certificate. We amended § 138.115 to (contracted) towing vessels to ensure notify the Coast Guard and the company more closely align the deadline with the they comply with subchapter M would immediately of any serious, unsafe deadlines for vessels to obtain a COI, be a burden, and they suggested that situation that threatens the vessel, its but this change does not prevent a proof of the hired company’s TSMS and personnel, or the environment. One company from implementing a TSMS vessel’s COI should be sufficient commenter noted that TSMS requires a sooner and we encourage owners and evidence to meet the intent of the rule. designated person to whom managing operators to obtain the TSMS One of the commenters stated that it is crewmembers can report safety certificate and implement their TSMS as unclear what contracted services are violations, but that towing vessels soon as possible. In making this change, covered by § 138.220(e). opting for the Coast Guard inspection we do not believe there is a need for a The Coast Guard agrees. When option would not have this reporting 6-month temporary certificate. contracting their vessels to others for system that would likely prevent Two commenters expressed their towing services, the owner and operator accidents. Another commenter view that utilizing internal and follow- remain responsible for for verifying that recommended supplementing the text in up audits would mean that there would their vessels are in compliance with the § 138.220(a)(1)(ii) to ensure that the be no need for a TSMS. regulations. We have removed the designated person monitors the safety The Coast Guard does not agree that requirements proposed in §§ 138.215(f) and pollution prevention aspects of the merely conducting audits and surveys and 138.220(e). operation of each vessel and ensures would negate the need for TSMS. The We received several comments from that adequate resources and shore-based TSMS is the foundational document maritime companies that conveyed support are applied. itemizing the standards, processes, and concern regarding the proposed With respect to reporting accidents management systems that the auditor requirement in § 138.220(b)(1) for and non-conformities, we note that would review, assess, and validate. employers to, ‘‘ensure personnel are § 138.215(c) requires TSMSs to include Without a TSMS, or some other form of . . . mentally capable to perform procedures for reporting both. Section Safety Management System, there required tasks.’’ The commenter’s stated 138.220(a)(2)(ii) requires that the TSMS would be no documentation to identify that although employers conduct drug include procedures to identify and the processes and management testing, safety training, and physical correct non-conformities. The TSMS system(s) put in place for a vessel examinations, the employers cannot be must include how an initial report choosing the TSMS option. We made no responsible for determining their mental should be made and the actions taken to changes from the proposed rule based health status. follow up and ensure appropriate on these comments. The Coast Guard agrees that it may be resolution. We received comments from maritime unreasonable for the company to For vessels choosing the Coast Guard companies and a professional determine the mental health of a option the corresponding ‘‘designated association suggesting that proposed crewmember. It is reasonable, however, person’’ is the vessel’s Master. In part §§ 138.205, 138.210, 138.215, and for companies to identify if potential 140 on operations, § 140.210(d)(6)

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requires the crew to report unsafe order to determine if it qualifies under recommendations, which has been conditions to the Master and take the the provisions of this section. We have redesignated as § 138.215(i), to be more most effective action to prevent not made a change from the proposed consistent with other quality control accidents. rule based on these comments. and safety management systems, we The Coast Guard disagrees with We received comments from several amended its reference to the source of adding specific regulatory text to maritime companies that recommended the recommendations to include more § 138.220(a)(1)(ii) regarding the the sequence of events for the issuance company personnel, and made a similar designated person. Section 138.220(c) of a COI for towing vessels be provided. edit in § 138.220(a)(2)(ii) regarding requires the TSMS to have an element The Coast Guard notes the following reporting non-conformities. that addresses verification of vessel short sequence of events associated with Regarding the appeal process, in compliance that covers the safety and the various ways to obtain a COI: proposed § 136.180 we stated that any pollution prevention aspects that the Step 1: As specified in § 136.210, person directly affected by a decision or commenter alluded to. Ultimately the Obtaining or renewing a Certificate of action taken under this subchapter by or designated person is responsible for Inspection (COI), the owner or operator on behalf of the Coast Guard, may ensuring the TSMS is implemented and must submit a completed CG–3752, appeal in accordance with subpart 1.03 continuously functions to address Application for Inspection of U.S. in subchapter A of this chapter. In concerns identified by the commenter. Vessel, to the cognizant OCMI. As noted response to comments, the Coast Guard On the issue of protecting the in § 136.130(d), the applicant must has added § 1.03–55 to identify the responsibilities and authority of specify the option—TSMS or Coast Coast Guard official or entity appeals masters, we received comments Guard Inspections—when submitting should be directed to, including the suggesting that the TSMS specifically the Application for Inspection for a appeal of matters relating to action of a states that the master has overriding vessel. third party, such as when a TPO Step 2: Under § 136.212, the Coast authority to make decisions regarding rescinds a TSMS certificate. the company’s safety and pollution Guard will inspect the vessel at least A professional association noted that, prevention. once every 5 years for certification. as written, proposed § 138.305 would The Coast Guard agrees that the Step 3: As specified in § 136.212(c) of master of a towing vessel has overriding this final rule, the OCMI will issue a require that all towing vessels in a fleet responsibility and authority to ensure vessel a new Certificate of Inspection that are in compliance with the TSMS the safety of his or her vessel. As stated after the vessel successfully completes be included on the company’s TSMS in § 138.220(a)(1)(iii), the Master’s the inspection for certification. certificate. The commenter stated that authority, as defined by the owner or With respect to this process, and as this provision would render an entire managing operator in the TSMS, must noted previously, we amended fleet invalid if a TSMS is revoked under provide for his or her ability to make § 138.115 so that owners or managing proposed § 138.305(d), and therefore, a final determinations on safe operations operators of towing vessels selecting the paragraph needs to be added to this of the towing vessel including the TSMS option need to obtain a TSMS section detailing the appeals process for ability to cease operations if an unsafe certificate at least six months before the rescinding of a TSMS, which condition exists. This reflects provisions being able to have any of their vessels mirrors the current Coast Guard appeals in operational regulation § 140.210 certificated. We believe this is more process for rescinded COI’s. One which specify that safety of the towing consistent with the required schedule of commenter suggested that the proposed vessel is the responsibility of the master when vessels must obtain a COI as requirement in paragraph (c) to list and that if the master believes it is shown in § 136.202 when considering vessels on a TSMS certificate is unsafe for the vessel to proceed, he or the time needed for third parties to cumbersome and unnecessary. she must not proceed until it is safe to obtain Coast Guard approval and for The Coast Guard understands the do so. owners and managing operators to commenter’s concern and has amended We received many comments from obtain approval of their TSMS from the § 138.305, so that owners or managing maritime companies that recommend third parties. operators need only maintain, and that the Coast Guard accept the AWO Five maritime companies suggested produce on request, a list of vessels RCP as an approved TSMS. Commenters that additional language be provided in currently covered by each TSMS wrote about the wide use of the RCP and § 138.305 to clarify how a third-party is certificate. This is a less burdensome attested to the success that their to respond when a non-conformity is means of requiring this information. company has experienced implementing discovered and what the appeals Exceptional circumstances such as that program. Several commenters also process will be for a company whose failure to complete a required audit, suggested that because AWO RCP has certificate is rescinded. major non-conformities discovered been developed from the ISM code, The Coast Guard agrees and has during an audit or survey, and failure to which we already noted as being added language to § 138.505(a) to fully implement their TSMS could accepted in the NPRM, the AWO RCP specify that the results of any external render the TSMS certificate invalid for should qualify as an approved TSMS. audit of the owner or managing a company’s entire fleet. Based on the The provisions of § 138.225 state that operator’s compliance with § 138.315 of Coast Guard’s experience with other an SMS that is fully compliant with the this part must be submitted to the safety management systems, including ISM Code requirements of 33 CFR part Towing Vessel National Center of ISM, these circumstances have been 96 will be deemed in compliance with Expertise within 30 days of audit rarely observed. It is more likely that an TSMS requirements in part 138. It also completion by the TPO conducting the infraction of the regulations would states that the Coast Guard may consider external audit. Further, we amended our result in a less drastic response—for other existing safety management definition of ‘‘non-conformity’’ in example, in the form of non- systems as meeting part 138 § 136.110 to clarify that it is referring conformities being reported for the one requirements. The Coast Guard will the non-fulfillment of a safety or few vessels involved, or those vessels examine AWO’s RCP to determine management system specified being removed from the list of vessels whether or not it meets the requirement. On reviewing proposed found to be in compliance with the requirements of 46 CFR part 138 in § 138.215(j) procedures for evaluating TSMS.

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If the situation warrants, the TPO that felt that this requirement could make it individual offered suggestions for the issued the TSMS certificate is able to difficult for small companies to comply. minimum education for internal rescind the certificate, which could Others suggested that a person who is auditors. impact the entire fleet, or remove one or involved in the development of the The Coast Guard disagrees. The Coast more vessels from the list of vessels on TSMS would be useful in identifying Guard has incorporated ISO 9001 the TSMS for non-compliance with the areas where the system is not meeting standards for internal auditor requirements of part 138. Such an action standards. Several comments from competencies in § 138.310 to reflect the that would render the certificate no maritime companies felt that the best practices found in industry. The longer valid would indeed impact the requirements for internal auditors Coast Guard does not agree that entire fleet of vessels listed in that should mirror ISM Code 12.4, which standards either less than or in excess TSMS certificate. Also, we note that the states that ‘‘Personnel carrying out of these minimum competencies Coast Guard may suspend or revoke the audits should be independent of the enhance the credibility of the internal TSMS certificate at any time for non- areas being audited, unless this is auditing process. We made no changes compliance with the requirements of impracticable due to the size and the from the proposed rule based on these part 138. As discussed above, we have nature of the Company.’’ comments. added 46 CFR 1.03–55 to clearly The Coast Guard believes that some of We received comments that requested identify the Coast Guard official or these comments are based on a clarification of our requirements for entity appeals should be directed to for misreading of § 138.310. The section external audits in § 138.315. One those seeking to appeal a decision by a does not require an internal auditor to commenter opposed the provision in TPO under § 138.305(e) to rescind, or a be a person outside of the organization. § 138.315(b)(2) that vessels must be Coast Guard official under § 138.305(d) However, to come closer to the desired selected randomly for an external audit to suspend or revoke, a TSMS objectivity of a third-party organization, during the 5-year period of validity of certificate. the internal auditor may not be a person the TSMS certificate, which the In commenting on § 138.305(f) involved in the implementation of the commenter viewed as subjecting a requirements, an individual suggested it TSMS. In response to these comments vessel to multiple external audits. He is unnecessary for a copy of the TSMS on § 138.310, the Coast Guard has suggested that satisfying § 136.203 certificate to remain onboard the vessel amended § 138.310(d)(4) to include requirements for vessels with TSMS because the certificate will be on file at qualifying language from ISM code 12.4: certificates should be sufficient. the Captain of the Port (COTP) and at The auditor must be independent of the Another was confused by the company’s office. procedures being audited, unless this is § 138.315(b)(2)’s requirement for an The Coast Guard does not agree. Some impracticable due to the size and the external audit prior to the issuance of towing vessels will frequent a number of nature of the organization. Thus, very the TSMS certificate because he felt it COTP zones. The TSMS certificate small organizations may potentially use was the initial audit that leads to the provides evidence that a vessel covered someone from within their organization TSMS certificate. One commenter by the TSMS was found to meet 46 CFR to perform the audit. questioned why we called for random part 138 requirements, and a copy on Some commenters also recommended audits. board the vessel will be readily that the proposed requirement, in In response to these comments we available to Coast Guard officials § 138.310(d)(2), for internal auditors to have changed § 138.315(b) to clarify the wherever the vessel is operating. have completed ISO 9001–2000 courses requirements for external vessel audits. A transportation company suggested be deleted. We removed the requirement in that two certificates should be issued The Coast Guard does not agree. We proposed paragraph (b)(1) regarding the instead of one: A Towing Company believe that a robust auditing system need for an external audit on all vessels Safety Management System Certificate that includes both internal and external prior to an owner or managing operator to the office and a Towing Vessel Safety auditing processes serves to enhance the receiving the initial TSMS certificate. Management System Certificate to each effectiveness of a safety management Upon reconsidering this provision we towing vessel. One commenter system and provides a venue for determined it is not necessary and recommended and provided text for a identification of deficiencies and a instead we considered the need for new section that would provide process for corrective action. Requiring vessel to undergo an external audit in information on how to obtain such internal auditors to have completed an relation to the initial COI for the vessel. certificates. ISO 9001–2000 internal auditor/assessor And in doing so we considered the two The Coast Guard does not agree. A training course, or a Coast Guard- different categories of vessels for which TSMS is intended to be the central recognized equivalent course, is an owner or managing operator would document that directly links the towing intended to ensure that the internal need to obtain an initial COI. First, there vessel and the shore-based management auditor is familiar with basic auditing are the vessels that have been owned or operation. The TSMS is not only for the standards and procedures. However, we operated for more than six months vessel or only for management. Rather, want to accept those who have been which generally will include all existing it is the documentation of processes, trained under newer ISO 9001–2008, so vessels that are now coming under this responsibilities and required action we amended §§ 138.310(d) and subchapter. Secondly, there are newly defining the mutually supporting 139.130(b)(3) to include that standard. constructed vessels as well as existing actions between the vessel mariners and In this final rule, both the ISO 9001– vessels that an owner or managing management. A TSMS certificate should 2000-based training we referenced in operator may obtain, all of which will be the only document issued attesting to the NPRM and the ISO 9001–2008-based need a COI to operate but which have the acceptability of the system. This training meet our qualification been owned or operated for less than 6 should reduce the paperwork burden on requirement. The intended result of this months. For the first category, industry and TPOs. training is to ensure that the internal § 138.315(b)(1) requires the vessel to We received comments suggesting the audit meets minimum standards. undergo an external audit prior to removal of the proposed requirement for One commenter requested more obtaining the initial COI. For the second an internal auditor to be a person information regarding the accepted category, § 138.315(b)(2) requires that outside of the organization. Commenters course work for internal auditors. An the vessel undergo an external audit no

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later than 6 months after receiving the we removed any reference to an initial towing company’s TSMS program is initial COI. We note, that as required by audit in part 137. responsible for maintaining the audit § 138.505(b), the results of all external One commenter recommended cycles required by the regulations. The vessel audits are required to be provided replacing the random selection with a TPO has the ability to enter into to the cognizant OCMI. We believe that requirement for at least one contractual agreements to conduct 6 months of operation is sufficient for intermediate verification between the required audits. However, in response to owners or managing operators to fully second and third anniversary dates of these comments, we added a paragraph implement their TSMS on their towing the TSMS certificate. Another (l) to § 139.120 to clarify the vessels and is also consistent with other commenter stated that § 138.315’s responsibilities of the TPO in regards to SMS provisions including the duration sequencing of external management conducting required external audits and of interim ISM vessel certificates. audits and vessel audits seems surveys within the intervals established Proposed § 138.315(b)(2) has confusing. in this subchapter. remained the same but is now The commenter’s concern about Some commenters recommended that § 138.315(b)(3). The other change we proposed § 138.315(b)(2)’s, now text be added to § 138.410 to address the made was to add § 138.315(b)(4) to § 138.315(b)(3)’s, random-selection process an auditor must follow when he clarify that not all information for an provision is unwarranted because that or she identifies a non-conformity. external audit necessarily needs to come paragraph specifically calls for only one These commenters recommended from the vessel examination as some (‘‘an’’) external audit of vessels during adding a requirement that the TPO may be obtained from the owner or the 5-year period. In addition, as noted notify the owner or managing operator managing operator’s office but that previously, we added § 138.315(b)(4) to and the Coast Guard immediately of any however, some of the information must allow for the use of objective evidence recognized hazardous condition that be obtained by visiting the vessel. to verify compliance with some portions poses an imminent hazard to personnel, of the audit; however, some portions As noted, we made these changes to the towing vessel, or the environment. require visiting each vessel during the 5- clarify when vessels need to undergo an For less serious non-conformities, these year period. We call for the vessels to commenters recommended that the external audit as well as the relationship be selected randomly to provide a risk- auditor only require the owner or between the external audit and a based approach and maximum managing operator to develop and vessel’s initial COI. flexibility for ensuring continual implement a corrective action plan. As for the comment regarding compliance with this subchapter. The Coast Guard agrees with the confusion caused by § 138.315(b)(2), Therefore, we decline to amend commenters’ suggested edits. First of all, (now § 138.315(b)(3)), we note that, as § 138.315 to remove the random- we amended § 138.505 to make clear proposed, paragraph (b)(1)’s selection provision. where external audit result reports are requirement for an external audit of the We received comments from several to be submitted. Under § 138.505, all vessel before issuance of the initial companies noting that the proposed detected non-conformities would be TSMS certificate is separate from requirement in § 138.315(c), that audit reported to the Coast Guard because paragraph (b)(2)’s requirement that an documents to be maintained for 5 years they would be part of the results of any external audit of each vessel must be and submitted to Coast Guard upon external audit. Section 138.505 contains conducted during the 5-year period of request, appears to conflict with the requirements on what is to be submitted validity of the TSMS certificate. We proposed § 138.505 requirement that the to the Coast Guard by the external didn’t view these requirements as owner or managing operator submit auditor and when it is to be submitted. confusing or conflicting but as noted each audit to the Coast Guard. In addition, we also amended § 138.410 above, we have removed the The Coast Guard agrees that these two to require the auditor to notify the Coast requirement proposed in sections contain different record Guard within 24 hours of discovering a § 138.315(b)(1). Nor do we consider requirements, but we do not view them major non-conformity which, as defined § 138.315’s sequencing of external as conflicting requirements. Paragraph in § 136.110, would cover hazardous management audits and vessel audits as (c) of § 138.315 calls for the conditions that pose imminent hazards. confusing. As noted above, we removed maintenance of external audit results so We also amended § 138.410 in response proposed § 138.315(b)(1) and replaced it that they are available when requested to this comment to ensure the auditor with provisions in (b)(1) and (b)(2) to by the Coast Guard inspectors or an reports major non-conformities to the specify when an external vessel audit is external auditor. Coast Guard inspectors owner or managing operator. required relative to a vessel receiving may not have access to those audit We received several comments, the initial COI. Note that § 138.315(a)(2) reports submitted to the TVNCOE and particularly from maritime companies, and new § 138.315(b)(3) continue to external auditors may not otherwise requesting that we add language to specify the external management and have access to results from previous proposed § 138.500 to specify which vessel audits required during the TPOs’ management or vessel audits. The Coast Guard office or official the owner validity period of the TSMS certificate. Coast Guard has amended § 138.505 to or managing operator should notify It is important that all vessels undergo clarify who the submission is required prior to conducting a third-party audit one external audit every five years along to go to and the submission timeframe and to clarify that the Coast Guard’s with external management audits to for the external audit results. attendance at such audits—attendance verify that an owner or managing Three commenters suggested that a that § 138.500(b) allows the Coast Guard operator’s TSMS have been fully provision be added to § 138.315 that to require—would not or should not implemented and the TSMS certificate states the OCMI or COTP may be able cause delays in the audit. can be renewed. In proposed to extend the external audit time period The Coast Guard has amended § 137.210(c), we did state that before it due to the unavailability of an TPO. § 138.500(a) in response to these could be placed in an audited program, The Coast Guard declines. Paragraphs comments to include a notification to a towing vessel must successfully (a) and (b) of § 138.315 establish a range the cognizant OCMI at least 72 hours complete an initial audit by a third- of time for companies and TPOs to prior to an external audit to mitigate party organization, and then be audited schedule external audits. A TPO that potential delays in the conduct of the as required by part 138. In this final rule has been contracted to oversee the audit from Coast Guard scheduling, if

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attendance is required. In a related records must be submitted to. Also, we employment opportunities in the towing amendment, we deleted § 139.170 in its have inserted the address for the Coast vessel industry offered to those entirety because those requirements are Guard Towing Vessel National Center of conducting inspections. All Coast Guard already stated in parts 137 and 138. Expertise. personnel are bound by ethics laws and A company suggested that § 138.505 We received six comments from regulations which govern their ability to clarify that audit records only be maritime companies requesting more seek and accept non-federal positions provided to the Coast Guard upon information be provided regarding following their government service. request. Also, a maritime company potential actions the Coast Guard may One commenter urged the Coast requested to be able to submit take if an owner is found to be Guard to obtain full jurisdiction over documents required by § 138.505 noncompliant with the TSMS or regulated towing vessels, including electronically. requirements in subchapter M. Also, areas that OSHA is currently regulating. The Coast Guard disagrees with the two commenters suggested that the This request is beyond the scope of suggested change to § 138.505 to only TSMS is ‘‘unenforceable’’ and that we this rulemaking. OSHA will continue to provide records upon request. Final do not have a sufficient penalty process enforce its requirements on shipyard reports from the external management in place for violations. employers that perform shipyard and vessel audits must be provided to The company and its vessels are employment subject to 29 CFR 1915 on the Coast Guard within 30 days of an subject to a broad range of actions by the inspected and uninspected vessels. audit. For the Coast Guard to properly Coast Guard and the TPO depending on OSHA will also continue its current oversee vessels using subchapter M’s the conditions found on the vessel. enforcement on uninspected vessels. TSMS option, it is important that it Companies and vessels operating under A towing company suggested that a receives final reports soon after they are a TSMS that fail to meet minimum more ‘‘streamlined’’ TSMS be offered to completed. As noted above, we set the requirements may be subject to smaller companies so as to avoid 30-day submission deadline in response enforcement, including Captain of the burdensome administrative to a previous comment. We note that in Port orders restricting operations, requirements. addition to this submission suspension and withdrawal or A safety management system in requirement, § 138.315(c) requires revocation of the COI, and suspension general, and the TSMS in particular, is records of external audits to be or revocation of the TSMS certificate. a flexible tool for management in that it maintained for 5 years and made Also, as we state in § 140.1000, is user-defined to address the unique available on request. These reports are violations of the provisions of this operations, equipment and hazards valuable historical records that must be subchapter will subject the violator to present in the vessel operator’s market. available when needed by internal and the applicable penalty provisions of For the small business operator with a external auditors as well as by the Coast Subtitle II of Title 46, and the penalty fleet of one or two vessels the TSMS Guard. provisions of Title 46, and Title 18, may not need to be an expansive As for submitting external audits U.S.C. document. The requirements to identify records or results required by § 138.505 A company expressed concern about the range of operations for a small electronically, we noted earlier that we whether the Coast Guard would have towing vessel serving a limited area and amended § 140.915(b) to provide resources to hire a sufficient number of market is likely to be much less than safeguards against false or late competent vessel inspectors for that of a larger towing vessel company electronic entries in towing vessel and convenient scheduling for the company, consisting of dozens of vessels and TSMS records. If the submitter uses including drydock scheduling. serving a large, diverse market over a equivalent safeguards for transmitting Regarding having a sufficient number large area. records, the Coast Guard will accept of competent vessel inspectors, as we The TSMS for small operators is electronically transmitted external indicated in response to comments scalable to their operation. Thus, it can audits records that § 138.505 directs be above, the Coast Guard is prepared for be ‘‘streamlined’’ to address a limited submitted to the Towing Vessel what it has estimated will be the set of assets, process, and personnel. As National Center of Expertise (managing demand for annual inspection from a towing vessel operation grows, so too operator’s compliance audits) and the owners and managing operators would the TSMS need to scale up to cognizant OCMI (towing vessels selecting the Coast Guard inspection identify the growing inventory of external audits) so long as the means option. The Coast Guard will closely operations and accompanying safety used allows the Coast Guard to reliably monitor the demand for inspections and concerns. We have not made any verify the person making the submission will make resource adjustments as changes from the proposed rule based and the authenticity of the external necessary. on these comments. audit records. For those seeking to Two maritime companies felt that use One commenter suggested that the submit external audits records or results of any Coast Guard inspection resources safety culture in the towing vessel to the Coast Guard electronically, the should be based on risk and that those industry could be further developed by TSMS must address the means to be companies that have had satisfactory addressing the communication barrier used to make electronic submissions. safety records, and successful TSMS between managers and operation We have amended § 138.505 to reflect audits, should not have the same level personnel. this option. of Coast Guard oversight as companies We believe the safety culture the We received comments from a with a history of poor performance. commenter refers to will be greatly maritime company and an individual The Coast Guard agrees with the enhanced in companies with a TSMS in requesting more information regarding comment about its allocation of place. A TSMS is the central document the address to which the results of an resources and intends to use a risk- that directly links the towing vessel and external audit are to be submitted to the based approach based on safety, survey, the shore-based management operation. Coast Guard. inspection and audit histories. For a TSMS to be effective, management The Coast Guard agrees with these One commenter requested and operational personnel must requests and has amended § 138.505 so information regarding how the Coast continuously communicate. The TSMS that it is clear to the TPO which Coast Guard will manage conflict of interest documents processes, responsibilities Guard office or official external audit potentially created by future and required action that define the

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mutually supporting actions between TSMS. One stated that TSMS should not One commenter expressed concern managers and operation personnel. The be the basis of any inspection regime regarding the option offered by the Coast Guard believes that the integration and that any governmental inspection wording of §§ 139.115 and 139.120 for of the TSMS will result in enhanced program should be staffed appropriately TPOs to create customized audit safety as it promotes greater to provide for Coast Guard inspections, guidelines and tools. The commenter communication and also defines and asserted that having third party or pointed out that the variety of audit corrective actions required when other industry inspectors opens the door reports could present inconsistencies communications fail to produce the to profiteering or altered inspection during compliance checks. intended result of improving safety. requirements not originally intended by As proposed, part 138, subpart D, of One commenter suggested that for the regulations. this final rule requires that audits must small companies that choose to elect the The Coast Guard views subchapter M be of sufficient depth and breadth to Coast Guard inspection option, language external and internal survey programs, ensure the owner or managing operator should be added to indicate that combined with Coast Guard oversight of meets the requirements outlined in ‘‘alternative compliance methodologies’’ vessels and organizations choosing the § 138.220. In our NPRM, we noted that are acceptable. TSMS option, as an effective means of an elaborate TSMS designed for large As we noted above, the Streamlined helping to ensure compliance with operations may be impractical for Inspection Program in part 8, subpart E, subchapter M requirements. In addition, owners or managing operators with of this chapter, is an option that vessels all vessels subject to subchapter M will small operations, and that a small subject to subchapter M may seek to use be inspected by the Coast Guard before company may seek to use a significantly to renew a COI. Also, in § 136.115, we obtaining a COI and at least once every scaled down TSMS tailored to its proposed accepting certain alternative 5 years. See §§ 136.210 and 136.212. operation. We acknowledge there will approaches to satisfying subchapter M Another commenter stated that TSMS be variations in TSMSs. Similarly, we requirements. We did not propose, is not necessary as an option because acknowledge that §§ 139.115 and however, to allow vessels subject to the Coast Guard can do the inspections 139.120 allows TPOs to develop subchapter M to take advantage of part as outlined in subchapter T (Small customized audit guidelines and tools. 8, subpart D’s, Alternative Compliance Passenger Vessels) which incorporates The Coast Guard intends to issue Program to obtain a COI. We have made everything that is required in guidance that may include sample no changes from the proposed rule subchapter M. We disagree that checklists, job aids, and guides, but we based on this comment. subchapter T is appropriate for the have not changed §§ 139.115 and Another commenter suggested unique nature of towing vessel 139.120 based on this comment because updating the Streamlined Inspection operations, which is reflected in our the requirements in part 138, subpart D, Program to include electronic, authorization in 46 U.S.C. 3306(j) to must still be met and we do not favor downloadable forms, and user-friendly establish an SMS ‘‘appropriate for the more prescriptive, one-size-fits-all templates. characteristics, methods of operation, standards in part 139. This suggestion is outside of the scope and nature of service of towing vessels.’’ One commenter expressed confidence of this rulemaking. We made no changes We believe that a towing-vessel-specific in the Coast Guard’s ability to oversee from the proposed rule based on this subchapter is appropriate, rather than the inspection of towing vessels comment. imposing existing inspected vessel conducted by classification societies. In the NPRM we discussed comments regulations on towing vessels. Towing We received other comments expressing submitted in response to seven companies that may lack the resources support for the use of qualified or questions we posed in a December 30, to develop and implement a TSMS, or trained third-party auditors and 2004, Inspection of Towing Vessels choose not to, must follow the Coast surveyors. Also, several maritime notice. In response to that portion of the Guard inspection option. companies and a professional NPRM, one of these commenters association supported Coast Guard’s recommended that all vessels should I. Third-Party Organizations (TPOs) proposal to allow smaller entities, other comply with the proposed SMS rules (Part 139) than recognized classification societies, within 1 year. The same commenter We received several comments, to apply for Coast Guard approval. suggested that using the ISM Code from mostly from maritime companies, Under proposed § 139.110 a 2002 as a guideline in developing the requesting that the list of approved recognized classification society SMS requirements will allow for a TPOs be made available online. automatically would have met the number of operators using the AWO The Coast Guard concurs with this requirements of a TPO for the purposes RCP to be compliant. recommendation and plans to publish a of part 139. However, as noted above, Neither our proposed rule nor this list of TPOs for the towing vessel we have amended § 139.110 to clarify final rule would require towing industry to refer to when considering the distinction between audits and companies selecting the Coast Guard the selection of a TPO. The Towing surveys. A recognized classification compliance option to establish a safety Vessel National Center of Expertise society meets the requirements of a TPO management system. This rule provides (TVNCOE) will update and maintain the for the purpose of performing audits. An an option for towing companies to use list and make it available at: authorized classification society meets the ISM systems currently published in www.uscg.mil/tvncoe. the requirements of a TPO for the 33 CFR part 96 or other safety Other commenters requested that purpose of performing surveys. We did management systems acceptable to the § 139.120 be changed to include the this to ensure the Coast Guard has Coast Guard under § 138.225. The Coast name of the Coast Guard program office evaluated the classification society’s Guard believes that we are providing to which an organization seeking to ability to carry out vessel surveys. We sufficient flexibility for towing become a TPO should submit its added a definition in § 136.110 of companies that want to adopt the safety request. ‘‘authorized classification society’’ for management system option under The Coast Guard agrees. We have clarity. Paragraph (c) of § 139.110 has subchapter M. amended § 139.120 to identify the office been amended to specify that We also received two comments on and address of the TVNCOE, where organizations qualifying as TPOs under the proposed rule that opposed the such requests should be sent. paragraphs (a) or (b) of that section must

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ensure that employees providing To help readers better understand that it identifies wide-spread confusion after services under part 139 hold proper relationship, in the regulatory text of this rule is published. qualifications for the particular type of this final rule we have converted Some commenters, including service being performed. We also note references to ‘‘approved third-party maritime companies and trade that the criteria stated in our TPO auditor’’ or ‘‘approved third-party associations, viewed the qualifications application section, § 139.120, allow surveyor’’ to show this relationship— required for surveyors in § 139.130 as small entities to become TPOs. As we e.g., ‘‘surveyor or auditor from a third- inadequate and recommended that the defined it, the term ‘‘third-party party organization.’’ Also, although we qualifications include sufficient organization’’ is used to describe an have left some difficult-to-change background, training, and experience to organization approved by the Coast instances in place, we avoid using the qualify as a TPO. One of these Guard to conduct independent word ‘‘approved’’ with TPO because, as commenters suggested that training for verifications to assess whether TSMSs noted above, by definition a TPO is both auditors and surveyors should be and towing vessels comply with approved. provided by an independent applicable requirements contained in We received several comments, accreditation organization. A this subchapter. particularly from maritime companies, commenter provided text edits to the All auditors and surveyors approved supporting Coast Guard’s oversight of language in proposed § 139.130(b)(2) to conduct subchapter M external third-party auditors and urging the and recommended several minimum surveys and audits would be part of a Coast Guard to implement the approval education requirements for auditors and TPO. We set standards for auditors and process for third parties prior to the surveyors. surveyors in § 139.130, but these are finalization of the rule. Commenters felt Section 139.130(c) already specifies a used in conjunction with § 139.120 that the Coast Guard would need to minimum level of education, skills, and where we require TPO applicants to list ensure that a sufficient pool of third- experience needed for surveyors from the organization’s auditors and party approvers is available prior to the TPOs. The ISO standard training surveyors who meet the requirements of increased demand created by requirement for auditors and the marine § 139.130. On further review of subchapter M compliance. surveyor’s accreditation requirement, as stated in § 139.130, incorporate a role of § 139.130(a), the Coast Guard realized it The Coast Guard is aware of the independent accreditation organizations makes sense to include ‘‘surveyor’’ in concern regarding the availability of in the required training for both this lead paragraph. The specific third-party organizations. Subchapter M surveyors and auditors from TPOs. The qualifications for an auditor and a regulations governing third-party Coast Guard feels that the criteria in surveyor remain in paragraphs (b) and organizations need to become effective § 139.130, which lists qualifications of (c), respectively. We have edited this before the Coast Guard will be able to auditors and surveyors, provides a section accordingly. evaluate requests from organizations sufficient minimum level of education, One commenter expressed concern seeking to become a TPO under part skills and experience needed for third- that the requirements for TPOs would 139. That effective date is July 20, 2016. party surveyors and auditors, and that result in only classification societies Also, on that date, in accordance with we cannot point to evidence that higher- qualifying to become auditors. The § 139.110, recognized classification level-education requirements would be commenter was concerned that class societies and authorized classification justified. Owners, managing operators, society personnel are experienced in societies may begin acting as TPOs for and TPOs can establish additional blue water shipping but not towing the purpose of conducting subchapter M requirements at their discretion. vessel operations. audits and surveys. As we noted above, Some commenters suggested that the The Coast Guard developed this rule we used a phased approach in our Coast Guard require surveyors to receive to ensure that organizations, including § 136.202 deadlines for obtaining a COI ISO 9000 series training. small entities, with the requisite so as to distribute the work load over a In § 139.130 we include successful knowledge, experience, and 6-year period from the effective date of completion of an ISO 9001–2000 or qualifications would be eligible to this final rule. 9001–2008 lead auditor/assessor course become a TPO. The standards in part A commenter suggested that the Coast or Coast Guard recognized equivalent 139 allow organizations other than Guard publish a Navigation and Vessel qualification for auditors, but not recognized classification societies to Inspection Circular (NVIC) that provides surveyors. The Coast Guard does not become TPOs, and meeting these the qualification process for TPOs. believe that we should add training in standards should be within the The Coast Guard plans to issue a ISO 9001 standards as a required capabilities of small entities seeking to guide to assist small entities, including qualification for surveyors because provide such services to the towing those interested in becoming a third- surveyors conduct direct inspections of industry. party organization under subchapter M. vessel equipment and systems as As qualified in our discussion above, However, we believe that part 139 is opposed to auditing SMS processes. In § 139.110 does not subject recognized or sufficiently specific. Section 139.120 addition, the ISO does not have a 9001 authorized classification societies to identifies the information an equivalent for surveying at this time. additional requirements for application organization would need to submit to We received a comment requesting as a TPO; however, as stated in become a TPO for purposes of that existing qualified and certified § 139.110(c), their employees providing subchapter M. We have amended inspectors that participate in an services under this part must have the § 139.120 so it more precisely identifies auditing program be ‘‘grandfathered’’ as proper qualifications in accordance with where such requests should be sent. approved third-party inspectors. § 139.130. The Coast Guard established Section 139.130 includes a list of the The Coast Guard does not intend to this requirement to ensure that qualifications of auditors and surveyors allow grandfathering of existing employees of recognized classification that those applying to become a TPO inspectors who may be participating in societies have the proper experience in need to use to identify that some form of an existing program. The towing vessel operations in order for organization’s auditors and surveyors Coast Guard has no oversight of these them to carry out TPO audits under who meet these requirements. The Coast personnel and has no specified subchapter M. Guard will consider issuing guidance if minimum qualifications for them to

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conduct such work. If a person with based safety management systems. We reflected in the proposed rule which qualifications required in § 139.130 anticipate that market forces will meet only required that qualifications from wishes to conduct subchapter M TSMS the demand for TSMS-specific auditing paragraph (c)(1) (education) and one of audits or survey, he or she would need courses. the two remaining paragraphs, (c)(2)(i) to start or become part of a TPO. One commenter requested that the or (ii), be met. At this time, the Coast We received requests for more regulation be modified to only accept Guard does not see the need for it to information regarding the monitoring auditors that are U.S. citizens. accept an independent accreditation and removal process of auditors or The Coast Guard disagrees with this organization for the purpose of third-party companies. recommendation. This commenter did accrediting subchapter M auditors and In § 139.145, we describe the process not provide reasons why we should surveyors. for a suspension of approval when the make the requested change and we find Some commenters recommended that Coast Guard has determined that a TPO no reason to base the eligibility for the Coast Guard require that all TPOs is not complying with the provisions of becoming an auditor in a TPO on provide and maintain a list of current part 139. Under that process the Coast citizenship. There are towing vessels and former auditors and surveyors. Guard will provide details to the TPO of operating overseas or in U.S. As we proposed in the NPRM, the organization’s failure to comply and jurisdictions outside of the continental § 139.135(a) of the final rule specifically provide a time period for the U.S. Requiring that an auditor be a U.S. requires TPOs to ‘‘maintain a list of organization to correct its failure(s). In citizen might unnecessarily limit the current and former auditors and this final rule, we shorten § 139.145 by availability of auditors to these vessels. surveyors.’’ In § 139.135(b), we remove replacing a repeated list of procedures Also, a recognized classification society the word ‘‘for approval,’’ but retained the Coast Guard must follow for a may operate around the world and is the requirement that to add an auditor partial suspension with a reference not required to employ only U.S. or surveyor, the TPO must submit that pointing back to the same procedures citizens. person’s experience, background and A commenter suggested that both listed in paragraph (a) for a suspension. qualifications to the Coast Guard. We In § 139.150, we make clear that the auditors and surveyors must be note that it is the responsibility of the Coast Guard may revoke the approval of accredited by an independent TPO to ensure that auditors and a TPO if the organization has accreditation organization that is surveyors conducting work for their demonstrated a pattern or history of accepted by the Coast Guard and is failing to comply with part 139, organized especially for the purpose of organization satisfy the qualifications substantially deviates from the terms of accrediting auditors and surveyors to requirements in § 139.130. The the approval granted under part 139, or perform work in documenting submissions required by § 139.135(b) has failures that indicate to the Coast compliance with subchapter M will assist the Coast Guard in its Guard that the organization is no longer requirements for towing vessels. The continual oversight of TPOs. capable of carrying out its duties as a commenter did not believe that the A State government and a task force TPO. We amended § 139.150, to provide National Association of Marine suggested that the Coast Guard consider provisions for Coast Guard notification Surveyors (NAMS), the Society of developing a TPO-rating criterion that is to TPOs of actions taken under Accredited Marine Surveyors (SAMS), based on the percentage of towing vessel § 139.150. In terms of monitoring, we or another other organization should be companies (for which the TPO has note that § 139.160 lays out means for allowed to accredit individual surveyors issued a TSMS certificate) that the Coast the Coast Guard to oversee TPOs. for purposes of subchapter M until the Guard independently finds to have Two commenters requested more Coast Guard has approved the major non-conformities. If the number information regarding the reference to organization’s accreditation processes. of companies in a given period having ‘‘Required training courses for the This commenter suggested the major non-conformities exceeds that auditing of a Towing Safety possibility that this accreditation percentage, the TPO should be Management System’’ in § 139.130(b)(4). process could also be done by an automatically placed on the a ‘‘grey Paragraph (b)(4) of § 139.130 in the independent third-party auditor/ list,’’ and be required to demonstrate to proposed rule listed ‘‘[s]uccessful surveyor accreditation organization that the Coast Guard that it is taking actions completion of a required training course is accepted by the Coast Guard. to improve its oversight/auditing for the auditing of a Towing Safety We note that, that as with other program. The commenters felt that this Management System’’ as one of the organizations, NAMS and SAMS are not criterion would help vessel owners and qualifications in paragraph (b) an required to apply for approval to the operators assess the qualification of its auditor must meet. Because auditors Coast Guard to accredit individual oversight program. must meet all the qualifications listed in surveyors. In § 139.130, where we list The Coast Guard will consider this paragraph (b), we have deleted the qualifications for auditors and recommendation after it gains redundant word ‘‘required’’ from surveyors, we have removed paragraph experience with the implementation of paragraph (b)(4). Also, for added clarity (c)(4), which references accredited these rules when developing metrics for and consistency we removed ‘‘required’’ marine surveyors and NAMS and evaluating and overseeing TPOs. from paragraph (b)(5)(ii) for the SAMS. Instead, we added ‘‘accredited Two commenters expressed concern previously stated reason. marine surveyor’’ to a list of other that a company may switch TPOs to Given the nature of the towing relevant marine experience in paragraph find one that enforces compliance with industry, the Coast Guard believes that (c)(2)(ii). subchapter M less rigorously. These auditors should complete a TSMS- These edits eliminate names of commenters suggested that the Coast specific auditing course. At the time of specific accrediting organizations, but Guard develop a criterion to prevent this writing, the Coast Guard is aware of still include work experience as an towing vessel companies from ‘‘third- at least one TSMS Auditor course and accredited marine surveyor as a factor to party organization hopping,’’ such as a the Coast Guard believes that additional be considered and identified in provision that if a towing vessel courses will be developed once this rule applications. The Coast Guard believes company changes TPOs more than once becomes effective, similar to the way that accreditation is a valuable factor to in a 5-year period, an external Coast courses developed for auditors of ISM- consider, but not an essential one—as Guard inspection of the company’s

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TSMS documents and vessels is conduct surveys and audits were those number of Coast Guard inspections automatically triggered. that didn’t develop the TSMS. In that required to implement subchapter M. The Coast Guard acknowledges that a situation, the commenter noted, it may We received comments from towing company may seek to switch its TPO for be the developer’s direct competitor companies and professional associations the reason suggested, but a company who is hired as the TPO and that that suggested that TPO requirements in may also change its TPO for reasons competitor would have a natural proposed § 139.160(f) and (g) be moved beyond its control or for reasons other tendency to be biased against programs to § 138.510 because of the discussion of than seeking to avoid full compliance that look different from the ones it owner and managing operator with subchapter M. Because switching produces. compliance oversight of TSMS. One TPOs is not necessarily a reason to focus Section 139.120(o) requires TPO commenter suggested that § 139.160(f) more attention on a given company, the applicants to disclose any potential be moved under § 138.400. Coast Guard would be reluctant to adopt conflicts of interest. Section 139.120(p) The Coast Guard disagrees with these the more-than-once-in-5-years metric requires applicants to submit a recommendations. Section 139.160 lists suggested by the commenters, but it statement to the Coast Guard stating that discretionary oversight activities the does acknowledge that changing TPOs their employees who are engaged in Coast Guard employs in its oversight of could be a signal that more scrutiny audits and surveys will not engage in TPOs. These oversight activities should should be focused on a company. We any activities that could result in a not be moved under § 138.510, which note that the monetary costs and the conflict of interest, which we define in describes the Coast Guard’s authority to loss of time associated with such § 136.110, or that could otherwise limit direct owners, managing operators, and changes will be factors a company the independent judgment of the third parties to explain or demonstrate would consider before switching to a auditor, surveyor, or organization. And portions of the TSMS when there is different TPO, and therefore we do not under § 139.150(a)(3), conflicts of evidence that the TSMS is not in expect TPO switching to be a common interest are a factor the Coast Guard may compliance with part 138 requirements, occurrence. consider when deciding whether to nor under § 138.400, which addresses Referencing §§ 139.120 and 139.155, a revoke the approval of a TPO. An audits of safety management systems. commenter noted that the NPRM does organization does not have to be a TPO We did remove § 139.160(g), however, not specify a process for a company to to develop or help implement a TSMS, because it is covered by suspension follow if it needs to appeal a decision but a TPO is the only entity that can provisions in § 139.145(b), and we also of its TPO to deny or revoke issuance of verify compliance with a TSMS or issue removed proposed paragraph (c) a TSMS certificate. The commenter also a TSMS certificate. because there was no need for us to refer noted that the Coast Guard must create One company stated that an to assigning personnel to observe or a specific appeals process because organization should be assigned to participate in audits or surveys. towing vessel companies with a TSMS oversee the third-party process in order A commenter suggested that the Coast are dependent on third-party to ensure consistency in the use of Guard open communications with documentation to obtain a COI. The resource materials and tools. Another stakeholders to become better informed commenter wrote that the proposed rule commenter asked what process would of options to ensure consistency in the required third parties to develop be in place to oversee TPO training and auditing process. procedures for appeals, and allows a approvals. The Coast Guard established the company to follow existing, general As reflected in the NPRM and this TVNCOE in 2010 to help promote appeals procedures, but that more detail final rule, the Coast Guard will provide consistency in the regulation of towing is needed. direct oversight of TPOs. A list of Coast vessels and to promote communications The Coast Guard has provided a Guard oversight activities appears in between the Coast Guard and industry specific appeal process in this final rule. § 139.160. This oversight is intended to as we moved towards certification of As reflected in above, in § 136.180 we ensure that TPOs that conduct audits towing vessels. The TVNCOE stated that any person directly affected and surveys for towing vessels subject to communicates routinely through their by a decision or action taken under this this subchapter comply with part 139 national customer service subchapter by or on behalf of the Coast requirements. To the extent consistency representatives, list server, and Web site Guard, may appeal in accordance with in the use of resource materials and (http://www.uscg.mil/tvncoe) with those subpart 1.03 in subchapter A of this tools by TPOs is required by part 139, who will be subject to subchapter M chapter. We have added § 1.03–55 to the Coast Guard will provide the requirements. As the Coast Guard identify the Coast Guard official or oversight requested. To the extent it is approving authority for TPOs, TVNCOE office appeals should be directed to, not, we view the requested oversight as will have oversight responsibilities to including the appeal of matters relating an area best left to market forces. In assure consistency with the auditing to action of a third party, such as when reviewing proposed § 139.160(g), which process. a third party rescinds a TSMS discussed the Coast Guard being able to One commenter said that the Coast certificate. require a replacement for Guard needs to ‘‘assure the integrity’’ of A commenter expressed concern noncompliance or poor performance, we the third-party approval system. regarding a potential conflict of interest deleted that paragraph because it is The Coast Guard expects that by using for companies that develop TSMSs or covered by suspension provisions in a single entity, the TVNCOE, to review provide TSMS-related training sessions. § 139.145(b). and approve TPOs, the Coast Guard will The commenter said that such a We received a comment from a towing ensure consistency and integrity in the company would not be able to company that felt that because of subchapter M TPO system. objectively inspect systems that they limited Coast Guard resources, relying A commenter felt that in the context developed because finding fault with on third-party auditors would be a of part 139, it is not clear if a third-party the towing company would be a solution to the increase in demand for auditor needs to be associated with a reflection on their own work. Moreover, inspections after implementation of TPO or if an auditor can be approved as this commenter saw a related potential subchapter M. an independent operation. conflict of interest resulting if the only We concur that the use of TPOs under The Coast Guard notes that to perform companies that could be hired to the TSMS option may reduce the external audits under subchapter M, the

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auditor must be listed by a TPO as one we have made changes to clarify our the requirement for TWIC cards for of its auditors who meets the third-party references in this rule, but individual employees on vessels moving requirements of § 139.130. This we have made no changes from the certain dangerous cargo. individual need not be exclusively proposed rule based on this comment. In part 140, subpart B, which includes employed by a single TPO. It would be As noted above in our discussion of § 140.205, we do require that the vessel possible for a single auditor—who comments related to part 138, we be operated in accordance with worked in a remote location, for removed § 139.170 because those applicable laws and regulations, but example—to work for more than one attendance provisions are already stated there is no explicitly stated requirement TPO. As previously mentioned, the in parts 137 and 138. for personnel to hold a TWIC. The Coast Guard understands the problem with Coast Guard has revised language in this J. Operations (Part 140) final rule to make it clear that under § 140.205(e)’s reference to 33 CFR subchapter M, external surveys and We received many general comments 101.105, and in the final rule we audits must be conducted by auditors from individuals, companies, and removed that reference and replaced it and surveyors who are part of—and associations concerning our operational with the personal identification subject to oversight by—a TPO. requirements in part 140. requirements of 33 CFR 101.515—which An individual noted that part 139 Two commenters noted that the do not require personnel to have a does not contain procedures on how to purpose section of part 140 does not TWIC. conduct a damage survey of a vessel. explain how the Coast Guard will One commenter suggested that Part 139 deals with TPOs and would ensure that non-TSMS operating complete background checks for not contain requirements relating to a companies comply with the regulations employees should not be required for damage survey. Surveys are generally because these companies do not have those crewmembers who are required to discussed in part 137. Section documented written procedures and are obtain a TWIC. 137.300(b) discusses an OCMI’s ability not subject to audits. One commenter The Coast Guard notes that in general to require further examination of the expressed concern that non-TSMS a background check is included as part vessel in the event of damage. In companies would have lower operation of receiving a TWIC, and we also note addition, if the vessel is damaged, costs and their services would be less that we are not requiring background § 136.240 addresses how to obtain safe. checks in these regulations. permission to proceed for repairs. The In the NPRM, the Coast Guard offered Regarding a Master’s authority on extent of a given vessel’s damage and the TSMS or Coast Guard annual board, an individual suggested that other circumstances may warrant inspection option. For vessels that do proposed § 140.210 ensure that the specific survey requirements. not choose the TSMS option, we will TSMS contains a clear statement One towing company suggested the use Coast Guard inspections to verify emphasizing the master’s authority. need for a peer auditing program to compliance with the requirements of The Coast Guard proposed in assess consistency and competency this subchapter. We are confident that § 140.210(b) that the master must take among TPO auditors and surveyors. the Coast Guard annual inspection adequate corrective action or cease TPOs will be required to adhere to option will help to ensure that towing operations when he or she believes that ISO 9001 standards for operating in vessels are operated at an appropriate an unsafe condition exists. Moreover, accordance with a Quality Management level of safety. The casualty reviews § 140.210(c) further states that the System, and their auditors must have presented in the benefits chapter of the master has the authority to take steps completed training in ISO 9001 Quality Regulatory Analysis found many deemed necessary and prudent to assist Management Systems Auditing. We list instances in which the Coast Guard vessels in distress or for other ‘‘accredited marine surveyor’’ in inspection and TSMS options were emergency conditions. The Coast Guard § 139.130, along with other-relevant- rated the same in risk reduction benefits believes that these requirements are marine-experience, as a non-mandatory and other cases where the TSMS sufficient to provide the master of the qualification for surveyors. options scored higher. If a company vessel the appropriate latitude and We do not agree with the commenter believes the Coast Guard inspection discretion to exercise his or her duties that supplemental peer-review of TPO option is more cost-effective than a to ensure the safety of the vessel. In auditors and surveyors is warranted or TSMS, this rule provides the flexibility reviewing § 140.210, we have added the necessary. We note that the work of for that choice. We have made no officer in charge of a navigational watch surveyors will be subject to audits, and changes from the proposed rule based as also having the responsibility to cease as noted above in our discussion of on this comment. operation or take adequate corrective § 139.160, the Coast Guard will be In reviewing § 140.200, and similar action if he or she believes it is unsafe overseeing the work of TPOs. sections in parts 141 through 144 which for the vessel to proceed. Also, we An individual argued that the intent state that if a TSMS is applicable to the amended § 140.210(d) to indicate that of the term ‘‘third party’’ is to explain vessel it must have provisions for the crew must ensure that either the that the Coast Guard is a third party to compliance with that part, we decided master or the officer in charge of a towing vessels and the term should not to delete those sections. They are navigational watch is made aware of the apply to the organizations to which the unnecessary because part 138 addresses vessel’s condition. And in § 140.605 we Coast Guard is delegating authority. what the TSMS must cover regarding all moved a requirement into paragraph (a) The Coast Guard does not use the subchapter M requirements. that was covered by proposed paragraph term ‘‘third party’’ in the way suggested A company noted that the list of (c) and added ‘‘or officer in charge of a by this commenter. We use the term to mariners required to have a navigational watch’’ in the discussion of refer to a TPO, which we define as ‘‘an Transportation Worker Identification determining if the vessel meets all organization approved by the Coast Credential (TWIC) by § 140.205(e)’s stability requirements before getting Guard to conduct independent reference to 33 CFR 101.105 is too broad underway. We made similar revisions to verifications to assess whether towing and should instead be the same the requirements for master or officer in vessels or their TSMSs comply with requirement as under 33 CFR 101.515. charge of a navigational watch in applicable requirements contained in Further, an individual noted that the §§ 140.610(c) (hatches and openings) this subchapter.’’ As previously noted, rule did not have language explaining and 140.615(b) (tests and examinations).

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One commenter felt that if the away from a crewmember’s situational unique training required to mitigate the language in § 140.210(d) is intended for awareness. Given the commenters’ focus risk to the specific machinery and crew members who are responsible for on pilothouse watchstanders, we have operating equipment aboard each maintaining a vessel’s COI, then the amended § 140.640 to expressly require particular towing vessel. Coast Guard should require that the the officer in charge of a navigational Several commenters suggested that vessel’s TSMS contain a provision watch to maintain situational awareness proposed § 140.415 include the requiring that crew members receive and minimize distractions. following text in the ‘‘reserved’’ training on how to complete the tasks We received two comments paragraph: ‘‘A safety orientation need assigned to them by the TSMS and how suggesting that either the word not be provided to an individual that is to comply with the COI. ‘‘lookout’’ be deleted from § 140.400(c), not a crewmember if that individual is The Coast Guard proposed in or that the word be changed to the accompanied while on board the towing § 138.220(b)(2)(ii) that the TSMS phrase ‘‘supplemental lookout.’’ They vessel by a crewmember who is familiar contain a policy relating to training argued that the term ‘‘lookout’’ was with the items specified in personnel in ‘‘duties associated with the superfluous because the master or mate § 140.415(a).’’ execution of the TSMS.’’ The Coast serves as his or her own lookout. The Coast Guard does not agree. The Guard believes that this requirement is The Coast Guard is requiring in Coast Guard believes it is unreasonable sufficient to ensure that crew members § 140.400 that a record be maintained to assume that during an emergency the are aware of their duties under the for all watchstanders going on and off escorting crewman would have no other TSMS. We have made no changes from watch. Lookouts are added by the responsibilities or duties other than the proposed rule based on this master or mate (pilot) under the escorting the individual at all times comment. provisions of § 140.630. This does not while aboard the vessel. The Coast A company suggested that the term preclude the Master or Mate (Pilot) from Guard believes that a safety orientation ‘‘pilot’’ would be more appropriate acting as a lookout, when appropriate. for individuals visiting the vessel would instead of ‘‘mate’’ in § 140.210(c). Section 140.400 requires that lookouts not place an undue burden in terms of Another commenter suggested that and all other members of the navigation time or distraction. The Coast Guard has ‘‘mate (pilot)’’ be deleted from watchstanding team must have times of made no changes from the proposed § 140.210(c) because its current use service entered and recorded. Our rule based on these comments. suggested that the mate and master were addition of ‘‘officer in charge of a However, note that for simplicity we equal, rather than the master having the navigational watch’’ to the list of have removed the ‘‘reserved’’ paragraph, ultimate authority on the ship. watchstanders does not change our need made the previous paragraph (a) into Alternatively, the commenter suggested to include lookouts. introductory text, and made the that language be added to § 140.210(c) We received comments from an previous subparagraphs of (a) into stating that the mate must inform the individual and an association who paragraphs (a) through (d), as master before deviating from the COI if recommended that the Coast Guard appropriate. time and circumstances permit. should require that any mariner, One commenter asked for clarity The Coast Guard recognizes that engineer, or watchstander that works in regarding specific drills and training throughout the diverse towing industry the engine room, or near machinery, be that would be required in § 140.420(a), there are differences in terminology, provided with initial safety training and and thought that the requirement of including in the use of ‘‘pilot’’ or additional training on the operation and drills to respond to ‘‘other threats to life, ‘‘mate.’’ For purposes of consistency maintenance of installed machinery property, or the environment’’ was too with other sections, the Coast Guard has prior to beginning work in these areas. ambiguous. Another noted that chosen to use the terms ‘‘master or mate In §§ 140.410(b)(10) and 140.515, the additional requirements for first-aid (pilot)’’ in this rule, or ‘‘officer in charge Coast Guard specifically requires safety trainings should be included in the of a (or the) navigational watch’’ as orientation training on the awareness of regulation. appropriate, as they are the most and expected response to any hazards The Coast Guard in § 140.420(a) common currently applied terms in inherent to the operation of the towing provided specific emergency drills that related regulations and policy, vessel which may pose a threat to life, must be performed. This includes including manning regulations in 46 property, or the environment. Section abandoning the vessel, recovering CFR part 15. The Coast Guard does not 15.405 of 46 CFR requires that persons from the water, responding to agree with the comment about ‘‘mate crewmembers be familiar with the onboard fires and flooding, or (pilot)’’ because we are simply referring relevant characteristics of the vessel responding to other threats to life, to the responsibility of the person in prior to assuming their duties and property, or the environment. The charge of the navigational watch. The responsibilities, including the main owner or managing operator is Master retains overall responsibility for propulsion and auxiliary machinery, responsible for identifying any other the safety of the towing vessel as such as steering gear systems and additional training and drills required prescribed in § 140.210(a). We have controls. We have amended §§ 140.405 in addition to the above identified made no changes from the proposed and 140.410 to note that personnel must requirements based on the specific rule based on this comment. meet the requirements in §§ 15.405 and intended service of their vessels. This We received two comments 15.1105 as appropriate. In § 140.405, we may be covered by the required risk suggesting the development of a policy also added threats to the environment assessment for TSMS vessels. to restrict the use of cell phones and during an emergency as situations when The Coast Guard has made no changes other non-essential electronic devices the duties and duty stations of each from the proposed rule based on these by pilothouse watchstanders. person onboard must be identified; this comments. The Coast Guard has added language amendment is consistent with general We received a recommendation for in § 140.210(d) requiring the crew to vessel operation objectives stated in text additions to proposed § 140.420 minimize distractions when performing § 140.205(a). that included the option for ‘‘e- duties. This amendment is intended to Under §§ 140.510 and 140.515, it is learning’’ for emergency drills and prevent the non-essential use of cell the responsibility of the owner or trainings. The commenters suggested phones and other distractions that take managing operator to identify the that the Coast Guard not require follow-

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on discussions with a subject matter reference to ‘‘new vessel,’’ by switching § 140.435(b) and (c) for small crews and expert if the ‘‘e-learning’’ provides it to ‘‘other vessel’’ regarding low-risk environments to maintain scoring at the completion of training requirements for safety orientation automatic external defibrillators (AEDs) and the individual receives a score provided to crewmembers who received on board towing vessels. Commenters, higher than the minimum required by a safety orientation on another vessel. including maritime companies, felt the the TSMS. Furthermore in § 140.410(d) we proposed requirement should be The Coast Guard in § 140.420(e) amended paragraph (d)(3) to require the removed because subchapter T, which specifically provides for alternative signature in addition to name of those applies to vessels in higher risk forms of instruction for the training providing training. environments, does not require AEDs. aspect of § 140.420; however, the In reviewing § 140.420(d), we added Others felt that the cost of the participation in emergency drills must paragraph (d)(5) which states that equipment and training would be a take place on board the vessel so far as credentialed mariners holding an officer burden on small companies. A maritime practicable. This section permits endorsement do not require the company requested that harbor boats be training required by this rule to be instruction listed in paragraph (d) with exempted from the requirement because conducted by viewing electronically or the exception of launching a skiff, if one of the emergency response personnel digitally formatted training materials is listed as an item of emergency and land-based assistance available. followed by a live discussion led by equipment to abandon ship or recover Also, we received several comments someone familiar with the subject persons overboard. We added a similar that supported the requirement and matter. The Coast Guard believes that provision in § 140.645(c) for need for AEDs on towing vessels. An follow-on discussions with members of credentialed mariners holding Able individual suggested clarifying that the the crew and interactive discussions Seaman or officer endorsements intent of the requirement is for vessels provide insights into the specific regarding navigation safety training that are ‘‘double crewed’’ and not those functions of emergency procedures requirements in § 140.645. These containing ‘‘overnight aboard a particular ship and allow crew changes allow credentialed mariners to accommodations.’’ Two commenters members to individually and use their previous training to meet suggested that the training for AED use collectively discuss specific actions and specified subchapter M training should be left to the manufacturer’s expectations of each other during drills requirements. recommendations. One commenter suggested that the or actual emergencies. Further, to Due to the comparatively high cost of term ‘‘work vests and anti-exposure ensure that the alternative form of the carriage (estimated by the Coast work suits’’ be used instead of ‘‘work instruction is sufficient, we amended Guard at $2,500 per unit for each vest’’ in § 140.430 because anti-exposure § 140.420(e) by adding requirements vessel), maintenance, and training of work suits are also approved under 46 that a competent individual provide a AEDs on board towing vessels, the Coast CFR 160.053. demonstration using equipment that is Guard has decided to remove the AED the subject of the training. The Coast Guard does not agree with requirements proposed in § 140.435(b) We received several comments on this suggestion. Vessel personnel are and (c). However, companies can elect § 140.420(d). An individual noted that afforded three choices of approved ‘‘rescue boat’’ was not defined in equipment that they may use. In to carry, maintain, and train crews on § 136.110. The commenter questioned § 140.430 the Coast Guard addresses the equipment above and beyond the scope whether the Coast Guard was using the wearing of work vests and states that life of subchapter M requirements. Owners terms ‘‘skiff’’ and ‘‘rescue boat’’ jackets, immersion suits, and work vests and managing operators can address synonymously in § 140.420(d) and must all meet applicable regulations. AED carriage using a risk-based requested that the Coast Guard define The term ‘‘anti-exposure work suit’’ approach through the requirement to ‘‘rescue boat’’ if ‘‘rescue boat’’ and does not appear within 46 CFR subpart implement procedures to identify and ‘‘skiff’’ were intended to be different 160.053. The Coast Guard has made no mitigate health and safety hazards in vessels. Another commenter felt that changes from the proposed rule based § 140.510. requiring a safety orientation for on these comments. We received some comments on crewmembers to be conducted annually We received several comments safety concerns that were not included as proposed in § 140.420(d)(1) was requesting that § 140.430 permit type III in the NPRM. Two commenters noted unnecessary and burdensome. Personal Flotation Devices (PFD) as an that the NPRM does not include the safe The Coast Guard recognizes ‘‘skiffs’’ alternate to work vests. One commenter remediation of asbestos and suggested and ‘‘rescue boats’’ as different types of requested that work vests worn at night either referencing OSHA regulations or vessels and did not use them not require a light. other related code in the rulemaking or interchangeably in § 140.420(d). The Section 140.430 provides the standard drafting our own regulations and adding Coast Guard agrees that ‘‘rescue boat’’ requirements for the wearing of work them to the rulemaking. A commenter should be defined and has amended vests; however, companies can require also expressed concerns regarding § 136.110 to provide a definition. the use of approved flotation devices carbon monoxide exposure from As for the second comment, the Coast that are of a higher type rating. The exhaust leaks in the towing vessels and Guard agrees and has removed proposed Coast Guard does not agree with the suggested that the Coast Guard include § 140.420(d)(1), which contains the comment requesting the removal of the guidance on protection against carbon requirement for an annual safety lighting requirement for work vests monoxide exposure. orientation. The requirements for when worn at night as this is an important Another commenter suggested that a safety orientation should be conducted safety feature for night time operations. the Coast Guard implement a ‘‘No can be found in § 140.410(b). The Coast We note that we did amend a reference Smoking’’ policy for mariners. The same Guard has amended that paragraph to in § 140.430 to a paragraph in § 141.340 commenter and an individual requested clarify that a safety orientation is based on amendments we made in that Coast Guard institute hearing required for a crewmember prior to that § 141.340; we changed the paragraph protection programs as well. Similarly, crewmember getting underway for the reference from ‘‘(c)’’ to ‘‘(g)(1).’’ a commenter suggested that the Coast first time on a particular towing vessel. We received several comments Guard implement additional Also, in § 140.410(c) we corrected a opposing the requirement in occupational safety and health

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regulations to protect mariners from conflicted with the Health Insurance found in § 140.510(a)(13). Additionally, accidental injury or death. Portability and Accountability Act of the Coast Guard has the authority Another commenter said that the 1996 (HIPAA), Public Law 104–191, and during normal inspection activities to regulations should incorporate effective should be deleted in its entirety, issue corrective action orders to a means of ‘‘severing or releasing’’ a chain because under HIPAA employers do not towing vessel to improve any unsafe or wire rope tow connection in the case retain medical records on employees condition, including unsanitary food of emergencies, noting that a fire axe containing diagnoses that those conditions, and under § 137.220, the cannot effectively cut such towline. employees have not already seen. One owner or managing operator of a towing Lastly, two commenters provided commenter suggested that § 140.520(b) vessel that has selected the TSMS several suggestions for additional be deleted because it conflicted with the option must examine or have examined workplace safety regulations such as patient’s right to know and violated systems, equipment, and procedures to preventive maintenance programs, the HIPAA. Another commenter suggested ensure that the vessel and its equipment incorporation of the OSHA personal that the section be revised to emphasize are suitable for the service for which the injury reporting system instead of CG- medical records confidentiality vessel is certificated, including being in form 2632 for personal injury reporting, requirements that currently exist in compliance with part 140 of this and a hearing protection program for Federal law. One commenter felt that subchapter. The Coast Guard has made mariners comparable to OSHA the section should clarify what no change from the proposed rule based standards for shoreside workers. information an employer can give out on this comment. With regard to mariner safety, the under HIPAA. One commenter A professional association noted that Coast Guard is committed to the safe questioned which medical records need the potable water supply for vessels operation of vessels and the protection to be retained under § 140.520(a). should be maintained at the same of mariners. Section 140.510 establishes Finally, another commenter suggested quality as for the Coast Guard’s military the requirements for owners or we amend § 140.520(a)(1) so as to and civilian employees. The commenter managing operators to implement require that only medical records suggested that the Coast Guard issue procedures to identify and mitigate related to pre-employment physicals, regulations in this rulemaking that are health and safety hazards aboard towing injuries occurring in the course or scope reasonable and attainable by towing vessels subject to inspection, which can of employment, or medical procedures vessels. Two commenters suggested that include exposure to asbestos, smoking, required by the employer be if the water supply aboard a vessel does noise, carbon monoxide, and the ability maintained. not satisfy tests for quality and purity to sever or release wire or chain The Coast Guard agrees in principle the vessel owners must provide bottled towlines. Regarding the comment on the with the comments and deleted water for the crew members. use of the CG–2692, this rule proposed § 140.520 from the final rule. The Coast Guard agrees that the implements a casualty reporting regime The intent of the requirement was to condition of water supply aboard consistent with the requirements for ensure that owners or managing towing vessels should be of a sufficient other classes of inspected vessels. operators retain records of injuries quality that the members of the crew are Further, this final rule requires that the occurring in the course or scope of not endangered. Under 46 U.S.C. owners and operators of these vessels employment as a result of a health and 3305(a)(1)(D), the inspection process develop and implement their own safety incident on board the vessel. ensures that vessels subject to health and safety processes and However, we believe the health and inspection have an adequate supply of procedures—see subpart E of part 140. safety plan required under § 140.500 potable water for drinking and washing. The OSHA standards for shoreside already includes recordkeeping In the NPRM, the Coast Guard proposed workers could be used as a template for procedures addressing this issue. Also, a requirement in § 140.510(a)(13) for the this purpose. The Coast Guard has made we have amended § 140.505(a) to make owner or managing operator to no change from the proposed rule based clear that the owner or managing implement procedures to identify and on these comments. operator must maintain records of mitigate health and safety hazards Finally, the Coast Guard disagrees health and safety incidents that occur regarding sanitation and safe food with the comments regarding the on board the vessel, including any handling. Having an inadequate supply incorporation of OSHA standards. As medical records associated with the of safe water for sanitation purposes and we noted in the NPRM, OSHA’s incidents, and that upon request, he or for food handling is to be addressed by jurisdiction on the workspace safety she must provide crewmembers with the owner or managing operator. To aspects for seamen on towing vessels incident reports and the crewmember’s ensure that potable water is expressly subject to subchapter M will cease. own associated medical records. addressed in § 140.510, and that there is However, we have endeavored to One commenter suggested that the an adequate supply of potable water for incorporate some of the OSHA Coast Guard establish food sanitation drinking, we have added a potable water requirements into the Health and Safety regulations in the final rule and felt that supply requirement as § 140.510(a)(14). Plan requirements in the final rule. A sanitation regulations, including food One commenter felt that the proposed commenter’s recommendation that sanitation, should be enforced with requirements in § 140.515(b) for training Congress transfer certain authority from recognized standards using an for individuals, other than crew OSHA to the Coast Guard is beyond the inspection checklist. The Canada members, should include more specifics scope of this rulemaking. Shipping Act was cited as an example. on the information or training required, We received numerous comments that The Coast Guard does not agree that such as fire training and abandon-ship objected to proposed § 140.520, which additional regulations are required in training. Another commenter suggested would require the owner or managing the final rule to address the issues of that the refresher training in operator to maintain and provide access food sanitation aboard towing vessels. § 140.515(d) be repeated every 5 years, to medical records. Several commenters As we proposed, this rule requires that rather than annually, because annually suggested that this section be deleted the owner or managing operator of the was excessive. because medical recordkeeping is not towing vessel to establish policies The Coast Guard does not agree that required in subchapter T. Other regarding sanitation and safe food additional information on the commenters also felt that § 140.520 handling. These requirements may be information and training required for

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persons aboard towing vessels other ‘‘close and dog watertight hatches recordkeeping. Documentation of than crew members is required in this during towing operations’’ to minimize repairs made to such equipment is vital rule to address the commenter’s the risk of down-flooding and to identifying systemic issues affecting concerns. In § 140.415, the Coast Guard progressive flooding of the towing the navigational safety equipment. requires that individuals who are not vessel. Additionally, if the vessel is operating crewmembers on board towing vessels We have provided appropriate in accordance with the safety must receive additional safety exceptions to the requirements in management system, documentation of orientation prior to getting underway or § 140.610(c)(1)–(3) to give sufficient repairs made would serve to provide an as soon as practical thereafter to include flexibility to the vessel’s master for crew account of materials needed and issues of use of life-saving equipment, comfort and convenience. The Coast requested as well as corrective actions emergency procedures, emergency Guard has made no changes from the taken in order to address the observed communications with crewmembers in proposed rule based on these comments. deficiencies. The Coast Guard has made case of an emergency, and prevention of However, in reviewing § 140.610 on no changes from the proposed rule falls overboard. Under § 140.515(b), the hatches and other openings, we added based on this comment. Coast Guard requires owners or an express requirement, previously We received comments from a State managing operators to identify, specific implied in that section, that decks and government and a task force asserting to their towing vessel’s operations, what bulkheads designed to be watertight or that the Coast Guard should add other information or training is needed weathertight must be maintained in that language to § 140.620 requiring that to limit the exposure of individuals to condition. vessels carrying oil or hazardous hazards onboard the vessel. Some commenters suggested that material in bulk immediately notify the The Coast Guard believes that annual proposed § 140.610(b) be revised as COTP or OCMI when navigational safety refresher training is necessary but, as follows, ‘‘The master must ensure that equipment fails and cannot be reflected in § 140.515(d), the refresher all hatches, doors, and other openings immediately repaired. training does not need to be as in-depth that were installed to be watertight and The Coast Guard does not agree with as the initial training. These annual weathertight are functioning properly.’’ the commenters’ suggestion that training requirements parallel or mirror With one amendment, the Coast additional requirements for reporting comparable OSHA requirements which Guard agrees with the suggested are necessary in this rulemaking. In currently apply to uninspected towing revision. The intent of proposed accordance with 33 CFR 164.53(a), a vessels. Companies have the ability to § 140.610(b) was that any fittings that towing vessel may continue to the next tailor this training to be less crews rely on for watertight integrity port of call should navigation safety comprehensive based on the risk. We and vessel safety should be operational equipment fail, subject to the direction made no changes from the proposed and subject to survey. Our revision of of the District Commander or the rule based on these comments. § 140.610(b) is intended to make two Captain of the Port as provided by 33 We received comments from things clearer. First, this paragraph CFR part 160. A towing vessel is individuals and companies who felt that covers hatches, doors, and other required by 33 CFR 164.53(b) to report the proposed requirement in § 140.610 openings designed to be watertight or to the Coast Guard the loss of critical to close all exterior openings on the weathertight, whether or not they are navigation safety equipment to include main deck is not feasible when vessels currently watertight or weathertight. radar, radio navigation receivers, Gyro require ventilation during hot weather, Second, the reference to ‘‘other compass, echo-depth sounding devices, and not necessary in low water where openings’’ in this section is also or primary steering gear. The Coast there is no current. intended to be limited to those designed Guard believes that these existing Others contended that stability is not to be watertight or weathertight. requirements are sufficient to ensure an issue on inland waterways, and that One commenter recommended that safety for towing vessel operations, and there should be no stability proposed § 140.615(a) apply to all we have made no changes from the requirements for Western Rivers towing towing vessels. Another company proposed rule based on these comments. vessels. suggested that this section only apply to We inserted examples of navigation The Coast Guard believes that vessels that are not subject to 33 CFR safety equipment in § 140.620(c), but watertight integrity and stability is a 164.80 regulations. left the repair-promptly requirements in concern on any vessel, regardless of Because it would be redundant to that section clearly applicable to all service or operating area. Towing apply § 140.615 to towing vessels navigation safety equipment. vessels must be maintained and subject to 33 CFR 164.480, the Coast Similarly, after further review of operated so the watertight integrity and Guard agrees with the second § 140.625, the Coast Guard decided not stability of the vessel is not commenter and has not made any to repeat the list (of topics for special compromised. There is a sufficient body changes to the applicability of § 140.615 attention) already contained in 33 CFR of historical evidence regarding towing except that we replaced the term 164.78; instead we refer to that CFR vessel casualties in which the cause of ‘‘inspection’’ with ‘‘examination’’ to section in a note, and point to the the casualty was the lack of watertight avoid using different terms to describe TSMS, where such a list is more integrity of the towing vessel. the same action. appropriately maintained. Specifically, open hatches have An individual suggested that repairs, We received several comments, from permitted the uncontrolled ingress of such as repairs to navigation lights or maritime companies and individuals water into the towing vessel, resulting whistles, need not be recorded as who felt that proposed § 140.630 should in the vessel sinking. required in proposed § 140.620(d). be deleted from the NPRM. Several Within their final report on The Coast Guard disagrees with the companies felt that because lookouts are ‘‘Recommendations for the commenter’s suggestion that the repairs included in Rule 5 of the Inland and Enhancement of Towing Vessel to navigational safety equipment need International Navigation Rules (33 CFR Stability’’ dated September 9, 2013, not be recorded. The Coast Guard 83.05), the section is redundant for TSAC provided a safety believes that a record of repairs made to subchapter M. Two commenters recommendation to the Coast Guard, navigational safety equipment is a vital suggested that because lookouts for that towing vessel operators should component of good management and inspected crew boats are not required in

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subchapter T, they should not be M establishes requirements for a class of officers in charge of the navigation required in subchapter M. An vessels that have different operational watch have the most up-to-date individual asserted that the words risks than those covered by subchapter information in order to assess ‘‘dedicated’’ or ‘‘designated’’ should be T. The size of a towing vessel’s tow may operational risks as well as to anticipate included before the word ‘‘lookout’’ to be large and continually changing, and and manage workload demands during make it clear that a lookout position more challenging to navigate than a the voyage. would be in addition to a watch- small passenger vessel which has a The Coast Guard believes that the standing officer. A State government consistent size. Also, varying heights of requirements for the navigation and task force member supported a the tow—the tow’s air draft—must be assessment have taken into account the second person for bridge watch for all considered to determine if a tow is low safety recommendations and other towing vessel tank barges carrying oil or enough to clear bridges along the towing guidance received from TSAC. The hazardous material in bulk. vessels intended route. In contrast, the TSAC recommendations were based on The Coast Guard does not agree that height of small passenger vessels the premise that the details of the the requirements of proposed § 140.630 normally remains constant. The Coast navigational assessment requirements should be altered or removed from the Guard has made no changes from the would be contained in the TSMS. rule. The Coast Guard agrees that Rule proposed rule based on this comment. However, not all vessels will be under 5 of the Navigation Rules clearly Two commenters felt that a navigation the TSMS scheme. Therefore we are identifies the need to maintain a lookout assessment should be included in a separately including the navigation at all times while underway. The Coast company’s TSMS and not included in assesmment requirements here. The Guard believes that the additional the final rule. We received some core elements of the recommendations, language provided in § 140.630 ensures comments that were in support of this to identify risk and to take into account that owners and managing operators of provision. Three commenters suggested the unique characteristics of the tow, are towing vessels have greater clarity on that navigation watch assessment included in this rule. expectations and thresholds of language should be revised in Finally, the Coast Guard does not performance for the placement of accordance with the 2006 4 or 2008 5 agree with the commenter’s suggestion additional lookouts to maintain a state TSAC recommendations on navigation that only vessels that transit in ‘‘large of vigilance whenever significant watch assessments. An individual areas’’ should be required to meet this change in the operational environment suggested that only vessels that transit requirement for navigational occurs. This section makes clear that in large areas should be required to have assessment. The term ‘‘large areas’’ does responsibility for navigational safety a navigation watch assessment. Two not provide sufficient information to rests with the master and mate (pilot) of commenters felt that it was too determine the boundaries envisioned by the towing vessel. Subchapter M burdensome to conduct and document a the commenter. Furthermore, navigation establishes requirements for a class of navigation assessment for each voyage assessments have value not only for vessels that have different operational the vessel makes in a watch. transits of large areas or of prolonged risks than those covered by subchapter The Coast Guard disagrees with the duration but also for transits in smaller T. As for the requirement for a second commenters’ suggestion that the areas or of short duration; shorter person for bridge watch for all towing requirement for a navigation assessment transits may also contain risks such as vessel tank barges carrying oil or should not be included as part of this bridges, high winds, or swift currents. hazardous material in bulk, the Coast rule but rather, be required in the This requirement reflects good Guard believes that § 140.630 gives the company’s TSMS. Not all companies or seamanship and best practices, and does Master the proper authority to establish vessels are required to have a TSMS. not pose an undue burden to the an appropriate number of lookouts Therefore, we have included these mariner. The Coast Guard has made no based on the conditions and other requirements here in part 140. changes from the proposed rule based factors. To clarify the interaction of Rule The Coast Guard disagrees that the on this comment. 5 and 46 CFR 140.630, the Coast Guard navigation assessment requirements will A State government and task force has made changes from the proposed be overly burdensome. As noted by suggested that the Coast Guard require rule based on these comments. another commenter, the activities in the vessels towing tank barges that carry oil We received a comment suggesting navigation assessment are required by or hazardous material in bulk to develop that because navigation assessment is Navigation Rules 6, 7(a) and 8(a), and a coastal and inland checklist to determine if weather conditions make it covered in other regulations, it should the best practice of prudent seamanship. safe to proceed, and require personnel be eliminated from § 140.635. The In the cases where the navigation to complete the checklist before commenter felt that because navigation assessment is not being fully departure and retain it for Coast Guard watches are included in Navigation implemented as current practice, we inspection. These commenters also Rules 6, 7(a) and 8(a), it would be estimate that an additional 0.2 hours per suggested we add language to proposed redundant to include them in operating day of effort would be needed § 140.625 to require a qualified licensed subchapter M. Companies also stated to meet the requirements in the final officer to be in charge of the navigation that a navigation assessment should not rule. We believe that subchapter M be required in subchapter M because it of the vessel, as stated in 33 CFR 164.11. requirements for conducting navigation is not required in subchapter T. The Coast Guard does not agree that assessments prior to getting underway The Coast Guard does not agree with additional language is required to or while underway will ensure that the commenter’s suggestion to remove address the commenters’ concerns. § 140.635. The requirements of Required tests, examinations, and 4 Report of the Towing Safety Advisory § 140.635 provide additional guidance Committee Working Group on Towing Vessel assessments for personnel operating and requirements for the vessel’s master Inspection, Task #04–03, Inspection of Towing towing vessels are provided in or mate (pilot) to ensure that the proper Vessels, Sept. 7, 2006, docket ID no. USCG–2006– §§ 140.615 and 140.635. Section planning is conducted and that 24412–0004. 140.635(a)(3) specifically requires that 5 Memorandum from the Towing Safety Advisory sufficient resources, personnel and Committee Economic Analysis Working Group, the person in charge of the navigation equipment are available to mitigate the Dec. 16, 2008, docket ID. No. USCG–2006–24412– watch assess the ‘‘weather conditions identified risks. In addition, subchapter 0007. and changes anticipated along the

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intended route’’ prior to getting We intend this rule to provide—as It is important that those crew members underway. The Coast Guard believes much as practicable—the requirements serving in such capacity have a basic that § 140.635(a)(3) and other required for towing vessels in a single understanding and elementary considerations of the navigation subchapter. Not all towing vessels are education in the skills necessary to assessment are sufficient to reduce subject to 33 CFR part 164. For those perform any safety duties assigned to operational risks and enhance the safety that are, §§ 140.625 and 140.635 note them aboard towing vessel. of the towing vessel and its tows. the need for some vessels to comply One commenter suggested that ‘‘fuel’’ The Coast Guard notes that § 140.625 with requirements in 33 CFR 164.78 or also be included in the list of materials clearly states that at all times, the 164.80. in § 140.655(c) that should not be movement of a towing vessel must be We do view it as appropriate to tailor intentionally drained into bilges. under the command of a credentialed requirements in § 140.640 for those The Coast Guard agrees that the mariner. The commenter correctly notes vessels subject to subchapter M rather drainage of fuel into the bilge poses a that existing regulations require a than rely on existing requirements in 33 danger to the safety of towing vessel credentialed master or mate (pilot) to be CFR 164.80. Also, we noted a tension operations and the environment. in control of the vessel at all times while between our statement in § 140.600 that Section 140.655(c) prohibits a person underway. The inclusion of additional subpart F, Vessel Operational Safety, from intentionally draining oil or other language would not enhance the safety applies to all towing vessels unless hazardous material into the bilge of a of towing vessel operations. The Coast otherwise specified, and our selective towing vessel from any source. The Guard has made no changes from the repeating of this statement in certain Coast Guard intended the reference to proposed rule based on these comments. sections. To eliminate that tension, we ‘‘oil or hazardous material’’ in § 140.655(c) to encompass ‘‘fuel,’’ but to We received several comments from deleted those unnecessary and make this clear we have added a maritime companies that suggested that somewhat confusing references to sentence adopting 33 U.S.C. 1321’s because other rules address the applicability in §§ 140.625, 140.635, and definition of ‘‘oil’’ which includes ‘‘oil pilothouse requirements in proposed 140.640. Also, § 140.600 noted that some vessels subject to subpart F remain of any kind or in any form, including, § 140.640, it should be eliminated. subject to the navigation safety but not limited to, petroleum, fuel oil, Maritime companies and a trade regulations in 33 CFR part 164. Sections sludge, oil refuse, and oil mixed with association felt that the section should 140.625, 140.635, and 140.640, as well wastes other than dredged spoil.’’ With be deleted because sufficient coverage of as § 140.725, contained statements about the adoption of this definition for this issue exists in §§ 140.635 and 33 CFR part 164 applicability that we purposes of § 140.655, we deleted ‘‘and 140.645. Three commenters stated that removed or moved to a note for the fuel’’ from § 140.655(b) when because § 140.640 is not required in section because this was more referencing spills during transfers. To subchapter T, it should not be required informational than regulatory in nature. avoid any conflicting requirements, we in subchapter M. However, three As discussed later in this preamble, amended § 140.655(b)(2) regarding oil commenters supported this provision. however, we did delete §§ 140.810 and spill containment capacity to limit it to Two commenters felt that § 140.640 140.815 and amended § 140.800 to situations when the requirements in 33 should incorporate the requirements in retain and clarify the statement about CFR 155.320 do not apply. 33 CFR 164.80 instead of the listed applicability. We received several comments about requirements. We received several comments from § 140.655(c) from companies suggesting The Coast Guard does not agree with maritime companies who stated that that because the prevention of oil and the commenters’ suggestion that the because subchapter T does not require garbage pollution is already a requirements of § 140.640 should be navigation training for deckhands, this requirement under other rules, such as removed from this rule, or that training should not be required in 33 CFR 155.770, the Oil Pollution Act navigation assessment requirements in § 140.645. A professional association of 1990, and the International § 140.635, and § 140.645 navigation felt that obtaining a license is enough to Convention for the Prevention of safety training requirements, satisfy the qualify for navigation. Pollution from Ships, this section objective of requirements in § 140.640 The Coast Guard agrees in part with should be deleted. which are specific to pilothouse these comments. The Coast Guard The Coast Guard disagrees. By resource management. Towing vessels recognizes that the training expressly stating the requirement in have significantly different performance requirements in 46 CFR parts 11 and 12, § 140.655(c), we make clear that all capabilities from vessels regulated for certain rating endorsements and all vessels subject to subchapter M must under subchapter T. As such, these deck officer endorsements include the comply with this requirement and the vessels require greater levels of knowledge requirements listed in requirements stated in 33 CFR 155.770. coordinated action and information § 140.645. We included a new paragraph As previously mentioned, to the extent transmission between members of the (c) of this section to facilitate a link with practicable, the Coast Guard is seeking navigational watch team. The TSAC the training requirements in 46 CFR to present in one subchapter nearly all reports and AWO Bridge Allision study parts 11 and 12. the regulations with which a towing as well as casualty data all identify The Coast Guard, however, is also vessel subject to this rule must comply. human factors as a causal factor in a cognizant that not all mariners This regulation prohibiting the large percentage of casualties. The Coast performing lookout functions are intentional draining of oil or hazardous Guard believes that pilothouse resource credentialed mariners therefore, we did material into the bilge is one in management requirements will help not change the rest of § 140.645. particular that we want to ensure those reduce navigational risks. While we Lookout duties may be assigned to crew subject to subchapter M are aware of. amended § 140.640 for clarity, and as members aboard towing vessels who do The Coast Guard has made no changes noted above in this discussion of part not have a credential as master or mate. from the proposed rule based on these 140 comments to address distractions in Additionally, a crew member may be comments. § 140.210(d), the Coast Guard has made assigned temporary duties to assist the A commenter stated that tests and no changes from the proposed rule navigational watch team in the inspections under provisions of based on these comments. pilothouse during underway operations. National Fire Protection Association

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(NFPA) 306, Control of Gas Hazards on effective date of the rule be required to publications on U.S. vessels should be Vessels, during repairs including be approved under series 165.130. adopted in subchapter M. welding, burning, or other hot work The Coast Guard does not agree with The Coast Guard declines to were easy to avoid on towing vessels the commenters’ suggestion that a specifically add this language into the because these vessels were not subject fathometer is an unnecessary piece of final rule; however, on February 3, to Coast Guard inspection. Noting that equipment aboard towing vessels 2016, CG–NAV published NVIC 01–16, the absence of prescriptive regulations operating in the Gulf Intracoastal which esblishes guidance on the use of restricts legitimate Coast Guard safety Waterway. The Coast Guard agrees that electronic charting systems and the investigations to uncover the cause of towing vessels operating almost solely carriage of electronic navigation pubs. accidents, the commenter recommended in marked channels regularly NVIC 01–16 applies to towing vessels that the latest edition of NFPA 306, maintained and commonly traversed and their requirement for the carriage of Control of Gas Hazards on Vessels, be have a high degree of reliability with navigation publications listed in incorporated by reference in this rule. regard to water depth. However, these § 140.705. In examining our reference to Consistent with this recommendation, towing vessels sometimes deviate from ‘‘information and equipment’’ in other commenters urged the Coast marked channels. A fathometer is a very § 140.705(b), we replaced these words Guard to include a requirement for hot useful tool in order to ensure that a with ‘‘charts, maps, and nautical work operations and safety that is towing vessel does not run aground and publications,’’ to better reflect the consistent with requirements for cargo is not damaged. section heading and the existing vessels (46 CFR 91.50–1). This The Coast Guard notes the references in the section. commenter also requested that the Coast commenter’s suggestion that a magnetic Another commenter suggested that a Guard draft regulations for this compass should be allowed on the Gulf note should be included in rulemaking that govern the proper use Intracoastal Waterway. There is nothing § 140.705(b)(1) that in the event that of any autopilot installed on a towing in this rule that prohibits the use of the only electronic charts are used, the vessel similar to those that apply to magnetic compass on board a towing system must be approved by the Coast other classes of inspected vessels. vessel when operating on the Gulf Guard. The Coast Guard agrees that towing Intracoastal Waterway. In reviewing this The Coast Guard does not agree. vessels should have requirements for comment, we amended § 140.725 by Section 140.705 already requires that if hot work operations and safety, similar inserting ‘‘illuminated’’ before electronic charts are used, that they to cargo vessels, and that the standard ‘‘magnetic compass’’ to match the must be acceptable to the Coast Guard. recommended is appropriate and known illuminated requirement in that section This allows the Coast Guard to consider within the maritime industry. In for that alternative swing-meter, and to the system on which the charts will be response to these comments, we added ensure the existing requirement that displayed when determining if the § 140.665 which incorporates by both must be readable is met. charts will make safe navigation reference portions of NFPA 306 in order While there is no specific definition possible. The broader issue of electronic to address Marine Chemist inspections of ‘‘electronic position fixing device’’ chart systems would be addressed in a required prior to making alterations, found in 33 CFR 164.41, the term is separate rulemaking. The Coast Guard repairs, or other such operations generally now understood to mean a has made no changes from the proposed involving riveting, welding, burning or satellite navigation receiver, since that rule based on this comment. like fire-producing actions. was allowed as a stand-alone means of One commenter suggested that the We also added § 140.670 to address satisfying the requirement in 1983 (47 final rule should require that officers on the use of auto pilot on towing vessels FR 58243, December 30, 1982) and the watch listen to the Coast Guard adopting regulations, as suggested. This requirement was subsequently amended Broadcast Notices to Mariners (BNM) regulation is similar to auto pilot in 2011 once LORAN-based options and National Weather Service regularly regulations that apply to other classes of were eliminated (76 FR 31831, June 2, to avoid hazards. The commenter also inspected vessels. We view these 2011). suggested that ‘‘talk-back’’ capabilities additions as needed to ensure the safe The Coast Guard does not agree that be available for crew members that are operation of towing vessels and as 33 CFR 164.41 needs to be incorporated out of sight of the watch officer. consistent with our proposal for a in the requirements of proposed The Coast Guard does not agree with comprehensive subchapter M. § 140.725(b)(3), but we have added a the commenter’s suggestion to require We received several comments definition of ‘‘electronic position fixing navigational officers on watch to regarding proposed § 140.725. Three device’’ in § 136.110 that defines the maintain the suggested radio watch maritime companies and a professional term to mean a navigation receiver that aboard the towing vessel. Existing 33 association felt that the requirement for meets the requirements of 33 CFR CFR part 26 regulations address radio a fathometer on vessels along the Gulf 164.41. Also, we view the watch standing requirements. Moreover, Intracoastal Waterway is not needed recommendation for approval under whenever a vessel is operating in a because the channel is ‘‘static and series 165.130 as being overly Vessel Traffic Service Area, 33 CFR part marked,’’ and because the depth of the prescriptive to include in this final rule 161 provides additional requirements water only changes by a couple feet. An without first seeking comments on that for a towing vessel to maintain a radio individual stated that magnetic specific proposal. watch. compasses should be allowed on the Note that we reorganized § 140.725 for Also, the Coast Guard does not agree Gulf Intracoastal Waterway. Another greater clarity. We decided that with the commenter’s suggestion that a commenter thought that ‘‘electronic paragraph (a) was unnecessary so we ‘‘talk-back’’ requirement be made position fixing device’’ was a vague removed it, and we made proposed applicable for crew members that are term, and suggested either that it should paragraph (b) into introductory text, and out of sight of the watch officer. The be defined in § 136.110 or that the paragraphs (b)(1) through (4) became requirements contained in § 140.640 on definition in 33 CFR 164.41 should be paragraphs (a) through (d). pilothouse resource management incorporated in § 140.725(b)(3). This One commenter suggested that the address information sharing procedures. commenter also recommended that any guidance in CG–543 Policy Letter 10–05 Further, if the condition of the vessel or devices installed 1 year after the regarding carrying electronic navigation the construction of the vessel prohibits

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direct communication between the in §§ 140.801 and 140.805 needed to Guard has made no changes from the members of the navigation watch team, safely maneuver the tow would be proposed rule based on these comments. then it is the responsibility of the vessel subjectively determined by the owner or We received several comments from owner or managing operator to provide managing operator of the vessel. One companies and a trade association that the necessary equipment to ensure that commenter felt that companies were not suggested the deletion of proposed communication is conducted in a determining horsepower or bollard pull §§ 140.815 and 140.820 concerning the manner that provides for safer operation accurately, and suggested that the Coast inspection of towing gear and related of the vessel. The Coast Guard has made Guard require that companies provide a recordkeeping. The comments suggested no change from the proposed rule based document from the engine manufacturer replacing these sections with on these comments. and certified naval architect that rates requirements from 33 CFR 164.74 and With respect to § 140.715, one the vessel’s horsepower using data towline and terminal gear requirements commenter suggested that at least two provided by the maker, the vessel’s gear from 33 CFR 164.76. Commenters felt Very High Frequency (VHF) radios reductions ratio, and the diameter and that this change will help reduce capable of Digital Selective Calling be pitch of the vessel’s propeller. confusion between the towing safety maintained on board and also that The Coast Guard does not concur. We regulations and these subparts. Another towing vessels operating outside of the included a definition of ‘‘horsepower’’ commenter suggested that we add text VHF range have long-band medium in the definitions section of part 136, to proposed § 140.820 to augment the frequency or high frequency radio and we see no compelling reason to recordkeeping requirements. equipment or a satellite system. Further, require additional testing that would not The Coast Guard agrees with the first the commenter recommended that all be appropriate for all towing vessels. commenter’s recommendations. We towing vessels should be capable of The definition of horsepower requires have deleted § 140.810 because receiving Maritime Safety Information that the determination of a vessel’s § 140.615 will require that towing gear Broadcasts. The commenter warned horsepower is made by the Coast Guard be examined before getting underway against provisions allowing cellular or a third-party organization during the for all towing vessels not subject to 33 radios as an alternative means of issuance of the COI, and is made using CFR 164.80 already, and we deleted required communication function. The objective information issued by the § 140.815 because it was merely commenter also suggested that changes manufacturer. The Coast Guard feels informational. We also amended § 140.820 to apply the recordkeeping to to equipment be required immediately that the concerns regarding the the inspections in 33 CFR 164.76 following a first inspection or no later determination of adequate horsepower instead of § 140.815 as previously than 5 years from the effective date of are addressed in other sections of part proposed. the regulations. 140 and are appropriately left to the The Coast Guard does not agree with The Coast Guard also agrees with the master’s assessment to the specific the commenter’s suggestion. Section second comment, and we have adopted aspects of the tow, towing vessel’s 140.715 reflects a performance standard an amended version of the commenter’s capability, and the prevailing from current regulations. As required by proposed change to § 140.820(b). We conditions. 33 CFR 164.72, as long as a continuous edited § 140.820 to remove ‘‘bridle’’ listening watch is maintained, the vessel The Coast Guard has made no changes from the recordkeeping requirements for is in compliance. It is the responsibility from the proposed rule based on these examination, because bridles are of the master to meet this performance comments. normally either attached to or are part standard. These requirements are One commenter suggested that a of the barge and it would be too onerous identical to those contained 33 CFR reference to guidelines from the AWO for industry to complete this 164.72 and 33 CFR part 26. The Coast RCP be included in § 140.801 because recordkeeping requirement on towing Guard has made no change from the the current language of the section left gear not under the continuous control of proposed rule based on this comment. too much discretion to the owners and the towing vessel. We received several comments from managing operators of towing vessels. One commenter suggested that the companies and individuals regarding One company suggested edits to description of TSMS recordkeeping towing safety in subpart H of part 140. § 140.801 that would have rendered it should include the acceptance of One commenter suggested deleting the inapplicable to excepted vessels, harbor electronic recordkeeping as an responsibilities listed in paragraphs (a) assist vessels, vessels operating in a alternative. Also, a commenter through (c) in proposed § 140.801 and limited geographic area, or vessels discussing the official log book replacing them with language from 33 operating on short hauls. mentioned the possibility of making CFR 164.74. The Coast Guard does not agree with false or late entries. A third commenter The Coast Guard does not agree with the commenter’s suggestion concerning supported the TSMS and requested that the commenter’s suggestion because 33 the inclusion of a reference to the AWO a towing vessel record as defined in CFR 164.74 only addresses towing RCP. Section 140.801 requires that the § 136.110 be the exclusive form of astern. The Coast Guard has made no owner, managing operator, or master of recordkeeping for all records cited in changes from the proposed rule based a towing vessel ensures compliance §§ 137.135, 137.210, and 138.215. on this comment. However, we have with the performance standards in As stated in 46 CFR 140.910(c), TVRs added ‘‘or officer in charge of a § 140.801. Those with this responsibility may be maintained electronically or on navigational watch’’ to the list of parties may rely on a TSMS, guidance paper. For towing vessels with a TSMS, who may be responsible for meeting the documents, or other sources in deciding however, § 140.910(b) states that requirements of this section, for greater how best to meet these requirements. another record—other than the TVR, as consistency with similar requirements Also, the Coast Guard does not agree provided by the TSMS, must be elsewhere. See discussion of § 140.210 with the commenter’s suggestion of maintained. We agree that this TSMS above for more. altering the applicability of § 140.801. record may also be in electronic or With regard to towing vessel The towing gear in § 140.801 is just as paper form. But to discourage false horsepower two commenters expressed important for those vessels the electronic entries, we have amended concern that the determination of commenter listed as for other vessels § 140.915(b) to add specific entry horsepower or bollard pull of the vessel subject to subchapter M. The Coast requirements for electronic records to

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include the date and time of entry and One commenter expressed concern which improves operational name of the person making the entry. If regarding potential inconsistencies performance. The time invested in an error is discovered in an entry, any between the unofficial and official Coast complying with the recordkeeping entries to correct the error must include Guard logbook forms. The commenter requirements of this portion of the rule the date and time of entry and name of suggested that vessels operating on the is intended to provide sufficient benefits the person making the correction and Great Lakes should be exempt from the to offset the time invested. The Coast must preserve a record of the original requirement to maintain an official Guard has made no changes from the entry being corrected. logbook under § 140.905. proposed rule based on these comments. With regard to making false or late The Coast Guard disagrees with Two companies requested that the entries, we note that under 18 U.S.C. changing § 140.905 to exempt vessels definition of ‘‘towing vessel record or 1001, whoever knowingly and willfully operating on the Great Lakes. The TVR’’ as stated in § 136.110 be a makes a materially false, fictitious, or requirement to maintain an official log substitute for the official logbook, CG– fraudulent statement or representation comes from 46 U.S.C. 11301, and 706B or CG–706C, required in § 140.905. with respect to reports, records, or § 140.905(a) reflects the language of the The Coast Guard disagrees. Our verifications required by subchapter M statute, including the exception for definition of ‘‘towing vessel record or regulations, may be subject to criminal vessels on a voyage from a port in the TVR’’ allows that record to take a penalties. United States to a port in Canada. We variety of forms, ‘‘a book, notebook, or Regarding the third comment, the did make minor changes to this subpart: electronic record.’’ In § 140.905 of this Coast Guard recognizes that a towing In § 140.910(d), we corrected a logbook rule we identify vessels that are vessel owner or managing operator is reference that should have pointed to required under 46 U.S.C. 11301 to use required to compile records and reports § 140.905, and in § 140.915 we added a the official logbook, and in § 140.905(b) in multiple formats and in separate logs note observing that for towing vessels we specify the form of the official and ledgers. Each of these records have subject to 46 U.S.C. 11301, there are logbook. We did not propose to alter the relevance to the TSMS aboard a vessel additional logbook requirements in form of the official logbook in the and are a resource for the auditor and statute, and that § 140.915 does not alter NPRM, nor do we wish to do so in this the surveyor to review in order to requirements outside subchapter M to final rule. The official logbook is determine proof of adherence to the make entries in specific log books. standardized for all vessels required by requirements of the Safety Management One commenter suggested that statute to have it. The Coast Guard has System. The Coast Guard does not wish language from SOLAS V, regulation 28, made no changes from the proposed to impose a regulatory requirement that Records of navigational activities, be rule based on these comments. would result in unnecessary considered in place of the first sentence recordkeeping requirements upon of TVR requirements in proposed We received several comments from industry. Requiring all of these records § 140.910(c). The revision would have maritime companies, an individual, and to be kept in one central record system replaced proposed language about a a professional association suggesting for the purposes of this rulemaking chronological record of events with that the language in § 140.915 be would be impractical. The owner or language about activities and incidents clarified to state that the items must be managing operator of the towing vessel of importance to safety of navigation of recorded in accordance with the TSMS has the latitude to tailor their Safety the vessel, sufficient to restore a associated with the vessel and not Management System to define the complete record of the voyage. recorded in the TSMS itself. The Coast method and location of those records The Coast Guard disagrees. The Guard agrees, and amended § 140.915 to central to the safe operation, repair and requirements of SOLAS V are designed reflect this suggested change. maintenance of the towing vessel. We to meet the needs of an international One commenter asserted that the have not made changes from the seagoing community and provide for language in proposed § 140.1005, proposed rule based on these comments. much greater depth and comprehensive Suspension and revocation, is too broad Two commenters felt that the guidance than that of § 140.910(c). and potentially could lead to ‘‘outright proposed recordkeeping requirements in Additionally, the requirements of abuse,’’ in the commenter’s words, of §§ 140.905 and 140.910 are not § 140.910(c) have been tailored for use mariners for mistakes made without consistent with the 46 U.S.C. 11304. by the domestic towing fleet and criminal intent. A towing company The Coast Guard acknowledges that provide a reduced burden upon vessel suggested the deletion of § 140.1005 while the 2010 Act was enacted in owners and operators. In proposed because it is addressed in 46 U.S.C. October 2010, its requirement for an § 140.915, however, we have added a 7703. official logbook in 46 U.S.C. 11304 was reference to tests and examinations that The Coast Guard disagrees. We not addressed in our proposed rule. We are required by § 140.615. We believe believe it is appropriate and helpful to are not, however, amending § 140.905 or the commenter’s concern is addressed identify penalties that those holding a § 140.910 in this final rule. We will by reading § 140.910(c) in combination license, certificate of register, or consider addressing 46 U.S.C. 11304 with the specific reporting requirements merchant mariner credential may be requirements in a separate rulemaking of § 140.915, as amended. subject to. Our language in § 140.1005 is that would apply to all vessels subject We received two comments from similar, for example, to language in 46 to inspection, and not just those subject towing companies who felt that CFR 185.910 in subchapter T. In to subchapter M. Further, because 46 compliance with subpart I of part 140 reviewing § 140.1005(b) in response to U.S.C. 11304 makes reference to hours would be time consuming and a burden this comment, we added a source of service, we would again need to on companies and the Coast Guard. reference of 46 U.S.C. 7704 in the consider a separate rulemaking as we The Coast Guard acknowledges the introductory text of § 140.1005, and would want to seek comments on a documentation requirements of this paragraph (d) to include a security risk specific proposal before implementing portion of the rule do require some time element listed in 46 U.S.C. 7703. those requirements for towing vessels. and familiarity on the part of the crew. One commenter argued that the We have made no changes from However, we believe the documentation marine industry must understand that proposed § 140.905 or § 140.910 based will result in a higher level of the Coast Guard will take equal action on these comments. operational safety and effectiveness, against both mariners and companies for

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violations of regulations in subchapter towing vessels. Noting that the individual suggested we edit proposed M. operating conditions may mitigate the § 141.110 (now § 141.305) by adding The Coast Guard has a broad range of need for survival craft, the Coast Guard ‘‘company’’ to those we identified options to enforce regulations against has modified the proposed requirements (‘‘owner or managing operator’’) who mariners, companies, or both. The for survival craft as described below to may choose to meet the functional OCMI will conduct an investigation and reduce the impact on the towing vessel requirements in this part instead of the make determinations as to appropriate industry. The Coast Guard believes that part’s prescriptive standards. course of action, which may include provisions of this final rule represent We do not agree. We do not see a need civil penalties or criminal actions. The the minimum requirement for safe to do so because our § 136.110 Coast Guard has made no changes from operation of an inspected towing vessel definition of ‘‘managing operator’’ the proposed rule based on this and notes that nothing in this rule includes organizations and if a company comment. would preclude a towing vessel operator owns the vessel, it would be covered by Lastly, a towing company pointed out from optionally carrying survival craft our definition of ‘‘owner.’’ that the regulations are currently written as excess equipment. The same commenter also suggested to assume a male captain and suggested In a comment on part 141, a that the designated approved third party that revisions should be made commenter suggested that all our provide written recommendations to the throughout the regulations to replace references to limited geographical areas cognizant OCMI regarding the OCMI’s gender-specific text with him or her, or should be expanded to include vessels acceptance of functional requirements, his or her. operating in harbor services. instead of the third party directly The Coast Guard agrees. We have In part 141 we proposed that, unless accepting them. amended the text in the final rule to required by the OCMI under We do not agree. A TPO may consult ensure we consistently use gender- § 141.305(c)(5), a towing vessel in a with the OCMI, but under proposed neutral language throughout the rule. limited geographic area need not carry § 141.110(c) (now § 141.305(c)(2)) the a survival craft. In this final rule, that TPO is free to accept a managing K. Lifesaving (Part 141) provision is reflected in the first area-of- operator or owner’s chosen means to We received several comments from operation column in Table 141.305 of meet the survival craft requirements of maritime companies, individuals, and § 141.305 and in footnote 1 of that table. § 141.305, so long as the means are an association regarding lifesaving Our definition of ‘‘limited geographic documented in the TSMS applicable to requirements in part 141. Several areas’’ in § 136.110 gives the COTP the the vessel. We believe these comments revealed misinterpretations discretion to determine limited documentation procedures are sufficient of the proposed rule, so we have made geographic areas in her or his COTP and do not see a need for the TPO to editorial revisions throughout this part, zone. We don’t see a need to change that provide written recommendations to the including some rearranging, definition based on this comment, cognizant OCMI regarding acceptance of restructuring, and renumbering of the which seems more focused on ensuring arrangements that satisfy the functional text, to improve clarity and readability. that vessels engaged in harbor services requirements. Three maritime companies share the same exceptions as those We did not receive comments on recommended deleting or revising part operating in a limited geographic area. § 141.115, Definitions, but noted that no 141 because of lack of demonstrable risk A vessel that engages in harbor services new definitions were proposed for this justifying additional costs to regulated may do so in multiple locations and part, and removed this section. entities. may not always be operating in a Additionally, as discussed elsewhere in The Coast Guard analyzed the limited geographic area, and is not this preamble, in response to requests casualty data balanced against the costs necessarily exempted from carrying for clarification on the appropriate associated with implementing this rule. survival craft. A vessel that engages in approvals for lifesaving equipment, we The details of this analysis can be found harbor services within a limited imported the definition of ‘‘approval below in the Regulatory Analysis geographic area as determined by the series’’ from 46 CFR 199.30 to the section of this final rule. As is discussed COTP, however, need not carry survival definition section for subchapter M and in more detail there, we found that the craft unless required to do so by the used that term in part 141 to identify the benefit of risk reduction was OCMI. applicable approval series for each piece commensurate to the cost or, in some In response to general comments of equipment cases, we revised the rule to avoid costs about having time to comply with We did not receive comments on the that exceeded the benefit. For the equipment-related requirements in incorporation by reference section, lifesaving requirements in part 141, the subchapter M, we amended § 141.105 to § 141.120, but we did move the contents Coast Guard estimates the annualized give existing towing vessels until the of that section into § 136.112 and made cost to be $3.2 million, with annualized earlier of either 2 years from the § 136.112 the centralized incorporation benefits of $4.4 million, resulting in a effective date of this rule or the date the by reference section for all of subchapter net benefit of $1.2 million per year. The vessel obtains a subchapter M COI to M. In addition, to better organize the positive net benefits estimate indicates comply with part 141 requirements. We various technical standards used that the potential risk reduction justifies added § 141.105(a)(2) to clarify that the throughout subchapter M, we also the additional cost of the part. delayed implementation provisions for consolidate central incorporation by The carriage, operation, and existing vessels do not apply to new reference sections for other parts into maintenance of certain approved towing vessels. We also revised § 136.112. lifesaving equipment is a fundamental § 141.105(c) to include a reference to An individual recommended that in aspect of being an inspected vessel. The SOLAS Chapter III as this is where § 141.205(a) we add ‘‘guidelines, Coast Guard analyzed the costs specific lifesaving requirements are instructions, and define level of associated with implementing lifesaving contained in SOLAS. authority’’ to what the TSMS must provisions of this rule and concluded Because the reference to functional include in addition to policies and that the largest costs associated with the requirements in proposed § 141.110 procedures. The same commenter also proposed rule arise from the carriage of only applies to survival craft, we recommended that in paragraph (b) of survival craft, particularly for inland relocated that text to § 141.305. An that section we require the TSMS to

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‘‘include procedures ensuring that non- addition to being properly maintained carried on board unless the craft ensures conformities, accidents and hazardous and ready for use at all times. that no part of the individual is situations are reported to the company, The Coast Guard does not agree. To immersed in water. owner, or managing operator, the extent improperly installed On February 8, 2016, section 301 of investigated and analyzed with the lifesaving equipment would not be the Coast Guard Authorization Act of objective of improving safety and ready for use, the wording of § 141.230 2015 (2015 Act), Public Law 114–120, pollution prevention,’’ instead of simply addresses the commenter’s concern. We 130 Stat. 27, revised 46 U.S.C. 3104. The ensuring objective evidence of made no changes in response to this deadline in our proposed § 141.305(b)(6) compliance with the TSMS. comment. and (c)(6), and § 141.330(g), for a new The Coast Guard disagrees. We have Regarding § 141.235 and the standard for survival craft to meet to be deleted § 141.205 entirely because we inspection, testing, and maintenance of eligible for approval—‘‘must ensure that felt that it was redundant with part 138 lifesaving equipment, we received a no part of an individual is immersed in in general. As for the commenter’s comment from an association suggesting water’’—was based on provisions concern, § 138.220, Towing Safety that the content of 46 CFR 199.190, previously specified in 46 U.S.C. 3104. Management System (TSMS) Elements, which we reference in § 141.235, be The 2015 Act limited those standards requires that the TSMS include added as a stand-alone section in for survival craft to passenger vessels. documentation of the management subchapter M with modifications to We have therefore removed references organization in detail, personnel apply to towing vessel lifesaving to the deadline and those standards in management policies, and compliance equipment and to clearly specify when § 141.305(b) and (c), and § 141.330, and with other requirements of this any necessary factory maintenance is made edits to align the language with subchapter. required. the remaining functional requirements The Coast Guard does not agree. The We did not receive comments on the for survival craft. full text of § 199.190 contains We developed the cost estimates for general provisions section for part 141, maintenance requirements for various part 141 under the requirements of 46 proposed § 141.220 (now § 141.200), but types of lifesaving equipment, including U.S.C. 3104 before it was amended by the Coast Guard standardized our weekly, monthly, and annual the 2015 Act. Specifically, we posited approval phraseology both here and inspections and tests for lifeboats, that owners and operators of the throughout this subchapter and also rescue boats, and launching appliances. affected vessel population would only clarified the specific approval required The majority of towing vessels will not use inflatable buoyant apparatuses to for each equipment type. These edits are carry this equipment. Therefore, the comply with the out-of-water mandate. consistent with requests discussed inclusion of the complete text of To the extent that affected owners and below regarding § 141.305 to clarify the § 199.190 in subchapter M would add operators take advantage of the appropriate approvals for lifesaving little value. However, § 141.235 points relaxation of equipment requirements equipment. At the time of their the operator to § 199.190 where he or provided by the 2015 Act, this will inspection, every towing vessel must be she can search for the relevant testing result in an over-estimate of the cost of properly outfitted in accordance with and maintenance requirements for survival craft in this rule’s regulatory the route for which they are certificated. vessels that carry this equipment. In analysis. However, we further clarified in new § 141.235, we replaced the word As recommended, we deleted the § 141.200(c) that requirements in part ‘‘examination’’ with ‘‘inspection’’ to be terms ‘‘buoyant apparatus’’ and ‘‘life 141 are based solely on the areas where consistent with other related Coast float’’ from the Cold Water Operation a vessel operates. Guard regulations. Also, seeking portion of Table 141.305 because We did not receive comments on consistency with a similar provision in neither of these items satisfied the § 141.225, but we found that the § 142.240, we set the records retention minimum requirements for a vessel provisions of § 136.115 were more period to at least 1 year after the operating in cold water. In the Warm applicable to this part and cited this expiration of the Certificate of Water Operation portion of the table we section in new § 141.225(a) to reflect Inspection. removed the rows for life float and § 136.115’s provision that all towing We received several comments inflatable buoyant apparatus because vessels, not just those with a TSMS, regarding Table 141.305—Survival they are not specifically called out to may seek equivalencies. Similarly, we Craft. One commenter requested that all meet the minimum carriage redesignated § 136.115(c) as § 141.225(c) towing vessels be equipped with an out- requirements although they can be used to better align the provisions concerning of-water survival craft, like an inflatable as a substitute for a lower safety equivalencies of novel lifesaving buoyant apparatus. An individual felt precedence survival craft as described appliances or arrangements within part that life floats and buoyant apparatus in § 141.305(d). To avoid possible 141. In addition, we restructured references should be deleted from the confusion with ‘‘inflatable buoyant 141.225 by replacing proposed table, with the exception of references apparatus,’’ we changed ‘‘buoyant paragraph (a) with new paragraphs (a) in footnotes. A trade association and apparatus’’ to ‘‘rigid buoyant apparatus’’ and (b) to clarify the intent allowing individual noted two terms that should throughout the final rule. Also, to towing vessels to use alternate be changed; ‘‘life floats’’ because it was accurately reflect the safety precedence arrangements or equipment to meet this ordered removed by Congress by hierarchy of survival craft, we moved part. We also amended the heading of January 1, 2015, and the term ‘‘buoyant Inflatable Liferaft with SOLAS A pack to § 141.225 to better reflect this section’s apparatus,’’ which was suggested to be the bottom of each list. paragraph (d), which specifies that the replaced with ‘‘approved buoyant Also, we have revised the cognizant OCMI may require a towing apparatus’’ in order to comply with requirements for carriage of survival vessel to carry specialized or additional proposed § 141.305(c)(6). Another craft to exclude vessels operating in lifesaving equipment. commenter suggested that we edit protected waters, which we have An individual recommended text proposed § 141.305(b)(6) and (c)(6) by defined in § 136.110, unless survival edits to § 141.230 that would require the replacing ‘‘By 2015,’’ with ‘‘After craft are deemed necessary by the master to ensure that lifesaving December 31, 2014,’’ when specifying OCMI, and we have revised § 141.305(d) equipment is correctly installed in when survival craft may no longer be to allow for non-approved survival craft

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to be carried as excess equipment where craft, unless determined necessary or if buoyant apparatus. Also, proposed no survival craft are required by this it is required in the TSMS for that § 141.220 would have required part, provided that the equipment is in particular towing vessel. A maritime lifesaving equipment to be of an good condition and maintained company suggested deleting the text, approved type, unless otherwise according to manufacturer’s ‘‘unless determined to be necessary by specified. We amended that section, instructions. the cognizant OCMI or a TSMS now § 141.200, to specify that lifesaving In order to further clarify the options applicable to the towing vessel,’’ from equipment for personal use need not be for complying with the functional proposed footnote 6, but didn’t provide approved by the Commandant if it is not requirements for survival craft, we have any reasoning for this suggestion. required by part 141. We also amended added a new paragraph to § 141.305, The Coast Guard does not agree with § 141.305(d) to allow the carriage of which includes text relocated from the proposed amendment to footnote 6. non-approved survival craft as excess proposed § 141.110. Under the new We believe this provision in proposed equipment, provided that the equipment § 141.305(c), the two options for footnote 6 is appropriate because the is maintained in good working complying with the functional OCMI (or author of the TSMS) should be condition according to the requirements for survival craft are able to evaluate any extenuating manufacturer’s instructions. meeting the prescriptive requirements circumstances associated with the We edited §§ 141.310 and 141.315 to in § 141.305(d) or employing alternative towing vessel’s operation that would make it clear that they are applicable to means, acceptable to the OCMI or TPO, require a survival craft when in general vessels that do not have an applicable and documented in the TSMS, if they are not needed when the towing TSMS. applicable. vessel is operating within 1 mile of As noted in our discussion of A towing company suggested that the shore. As noted below, however, based comments on § 141.305, the Coast Guard table include ‘‘Rivers and Canals’’ as an on another comment we did move the does not agree with the assumption that area of operation. text of this footnote to the vessel and its tow operating more The Coast Guard does not see a need § 141.305(d)(3)(iii). than 1 mile from shore could make it to for this suggested change. Table 141.305 Several commenters suggested that shore in the event of an accident. currently lists ‘‘Rivers’’ as an area of footnotes 5 and 6 in the table be moved Section 141.330 does not impose a operation and the definition of ‘‘rivers’’ into the regulatory text, and one separate requirement that ‘‘other in § 136.110 includes canals. commenter recommended deleting the survival craft’’ be carried: Instead it Another commenter suggested reference to OCMI approval when simply sets out the requirements for a removing all rows from the table where moving the text of footnote 6. skiff if the skiff is intended to be used equipment is not required. The same We agree that the content of proposed as a substitute for approved survival commenter suggested that operations footnotes 5 and 6, as well as footnote 4, craft required by Table 141.305. Table that are exempt from specific equipment should be moved into paragraph form in 141.305 prescribes the operating areas requirements be indicated by the word the regulatory text to aid the reader. where an approved inflatable liferaft is ‘‘none’’ in the appropriate field in the Therefore, we have inserted the required. As noted above, the Coast table. The Coast Guard agrees, and has provisions of these footnotes into Guard has included additional text in revised Table 141.305 accordingly. paragraphs (d)(3)(i)–(iii) of § 141.305. § 141.305 prescribing the hierarchy of We received several comments We disagree, however, with deleting the approved survival craft, and giving regarding the footnotes in Table reference to an OCMI determination. owners and operators the right to 141.305. Several commenters, including When moving the content of proposed substitute a survival craft of higher towing companies and associations, footnote 6, we did insert the source of precedence. For example, suggested deleting proposed footnote 1 the OCMI’s authority to make such a § 141.305(d)(3)(ii) allows an inflatable that referenced survival craft determination. liferaft approved under approval series determinations by the cognizant OCMI One company suggested that because 160.051 or 160.151 to be substituted for or as a requirement deemed necessary in of fast currents in some waterways, life an inflatable buoyant apparatus or rigid the applicable TSMS. Alternatively, an floats should be permitted to be retained buoyant apparatus. Similarly, an individual suggested that a towing as supplemental approved survival craft inflatable buoyant apparatus approved vessel operating in ‘‘limited geographic for limited applications as approved by under approval series 160.010 or life areas’’ be permitted to operate without the Coast Guard. Because of downriver float under approval series 160.027 may survival craft. flow, the time that the crew is in the be substituted for a rigid buoyant According to footnote 1 of Table water, and the time for life raft apparatus (§ 141.305(d)(3)(iii) and (iv), 141.305 in the final rule, survival craft deployment, the commenter states it respectively). If the operator would are not required on towing vessels would be difficult for crew to swim prefer to use a non-approved raft as a operating in limited geographical areas, against the Lower Mississippi River’s survival craft, the functional ‘‘unless survival craft requirements are current to catch the life raft that released requirements listed in § 141.305(b) determined to be necessary by the and inflated a period of time after the would apply to the raft. cognizant OCMI or TSMS applicable to crew member went into the water as We received several comments the towing vessel.’’ Though the Coast would happen with an automatic concerning the use of skiffs. One Guard does not support requiring deployment. This commenter notes that individual noted that the proposed rule survival craft on towing vessels crew members in the water would have contained no requirement that a skiff operating in limited geographic areas, a much better chance of reaching a life comply with any requirements for safe unless the OCMI or TSMS deems them float as they and it are swept downriver loading or buoyancy. The commenter necessary under § 141.225, operators of with the current at the same relative recommended that we amend these vessels are welcome to carry speed. § 141.330(a) to require compliance with properly maintained survival craft as The Coast Guard acknowledges the 33 CFR part 183. excess equipment. A towing company commenter’s concerns, and in The Coast Guard acknowledges that, recommended that towing vessels § 141.305(d)(2)(iv) we have permitted a for practical purposes, recreational boats operating within 1 mile of the shore life float approved under approval series complying with 33 CFR part 183 will should not be required to have survival 160.027 to be substituted for a rigid commonly be used as skiffs, but we

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share the commenters’ concern The same commenter cautioned which is more stable than a tug. One regarding the potential for confusion against using the terms ‘‘skiff’’ and commenter suggested that the regarding the requirements for skiffs ‘‘rescue boat’’ interchangeably for fear of requirement to provide both life jackets that are used as survival craft. The Coast confusion between the functions of and work vests is redundant. Guard has revised § 141.330 to— these boats. The Coast Guard agrees that the • Clarify that skiffs may only be used As discussed earlier in this preamble, proposed Table 141.335 may have been as survival craft by towing vessels that the Coast Guard acknowledges the misinterpreted to mean that work vests do not operate more than 3 miles from commenter’s concerns and has added a were required to be carried as personal shore, definition for rescue boat in § 136.110. lifesaving equipment. Under § 140.430, • Include the source of the To further reduce confusion, we have work vests are not required, but are one requirements for safe loading and removed the proposed references to of three options for use by personnel capacity information (33 CFR 183.23), rescue boat in §§ 137.220 and 140.405, dispatched from the vessel or working and but retained them in § 140.420 to leave in an area without rails or guards. We • Correct a source reference for training or drill requirements in place clarified § 140.430 and removed Table marking requirements in paragraph (f) to for towing vessels that use a rescue boat. 141.335, as discussed above, and we match the same source we listed in Regarding the sections for lifejackets, have clarified § 140.430 to indicate the § 141.315 for survival craft. immersion suits, and lifebuoys appropriate use of work vests. The same commenter noted that (§§ 141.340, 141.350, and 141.360, Another towing company equipment referred to in proposed respectively), an individual noted that recommended that proposed § 141.335 § 141.330(g) would be approved under these sections do not contain provisions should clarify that immersion suits are not required on towing vessels that 46 CFR part 159, not part 141, suggested for vessels electing the Coast Guard travel along inland or Western Rivers. that we edit proposed § 141.330(g) to inspection option. We disagree. Sections 141.340, The commenter noted that proposed prohibit the carriage of skiffs after 141.350, and 141.360 do contain the Table 141.335 indicated that immersion December 31, 2014, unless the craft requirements for all towing vessels, suits are not required on vessels ensures that no part of the individual is whether they elect the Coast Guard travelling on limited geographic areas or immersed in water. inspection option or the TSMS option. rivers, but it does require immersion The Coast Guard agrees that reference We received several comments suits on vessels travelling on lakes, to the approval of survival craft is concerning lifejackets. Four commenters bays, and sounds and that there are inappropriate in part 141, and has requested clarification of the many lakes that fit subchapter M’s removed proposed paragraph (g). requirements for lifejackets at watch definition of lakes, bays, and sounds Additionally, we have revised the title stations. Three maritime companies and along the inland and Western Rivers of § 141.330 from ‘‘Other survival craft’’ an association suggested that one that are simply part of a vessel’s route, to ‘‘Skiffs as survival craft.’’ lifejacket per watchstander be required or an area to drop off barges. A commenter also suggested that we and made accessible. Commenters felt The Coast Guard disagrees with this not impose size requirements on a skiff that the requirement to store lifejackets recommendation. In our immersion suit because the entire tow or the towing at ‘‘watch stations’’ is difficult to define requirements in § 141.350, the vessel could usually make it to shore for for deckhands because they are mobile; allowance for towing vessels operating evacuation purposes in any type of one commenter stated that the term on rivers or in limited geographical catastrophic event, or alternatively we ‘‘watch station’’ needs to be defined. areas to not carry immersion suits should include an inflatable raft as an The Coast Guard does not believe that assumes that rescue or emergency ‘‘other survival craft.’’ we need to define ‘‘watch station,’’ but assistance would be close at hand, thus As already discussed in the context of we make clear that lifejackets must be limiting the duration that a person § 141.305, towing vessels operating in immediately available to those standing would be immersed in cold water. We limited geographical areas or on rivers watch as well as to other crew. The cannot make this same assumption on within 1 mile of shore are only required bridge and the engine control room are lakes, bays, and sounds. We have not to carry survival craft if the cognizant examples of watch stations. As specified made changes from the proposed rule OCMI determines that they are in § 141.340(b), for towing vessels with based on this comment. necessary. However, in other operating berthing aboard, lifejackets would need The Coast Guard removed proposed areas where we cannot assume that the to be immediately available for § 141.335 and Table 141.335 because vessel can make it to shore, a skiff used watchstanders there as well as at other they contained the same information as as a substitute for a survival craft must manned watch stations. § 141.340 and § 141.350. be capable of carrying all personnel Two commenters asserted that the We revised proposed § 141.340(d), onboard. As reflected in both § 141.330 COI should list the total number of now § 141.340(c), to clarify that the and footnote 2 of table 141.305, vessels persons allowed on a vessel and state option to use alternative means to that operate more than 3 miles from the same number of lifejackets and comply with the lifejacket requirements shore may not use a skiff as a substitute space in a survival craft be available. also applies to non-TSMS vessels, and for a survival craft except for those An inspected vessel’s COI will state to cross reference back to § 141.225. operating in warm water on the Great the total number of persons allowed on Several commenters, including Lakes or Lakes, Bays and Sounds. the vessel as well as applicable maritime companies, suggested that a One commenter listed several factors lifesaving equipment that is required paragraph be added to note that that should be considered when onboard the vessel. These numbers are lifejackets that are stored on open racks, approving existing and new ‘‘skiffs.’’ based on determinations made by the where the jackets are clearly seen, do However, the Coast Guard does not OCMI issuing the COI. not need labels. intend to ‘‘approve’’ skiffs. Provided One commenter suggested that crew The Coast Guard agrees that that the skiff meets the requirements of on manned barges in the Great Lakes, clarification was necessary, so we have § 141.330, it may be used as a substitute over 3,000 GRT, should not be required revised and consolidated proposed for approved survival craft, as reflected to have work vests because the § 141.340(e) and (f) into new in Table 141.305. personnel mostly remain on the barge, § 141.340(h) to make clear that the

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stowage location marking requirements Coast Guard published a final rule consistent with industry practice. On only apply to lifejackets stowed in a entitled, ‘‘Lifesaving Devices— towing vessels of less than 79 feet, they berthing space, stateroom, or lifejacket Uninspected Commercial Barges and suggested reducing the required number container, including those stored in Sailing Vessels’’ (79 FR 53621). In the of lifebuoys to two from the proposed racks in these types of interior spaces. course of that rulemaking, we discussed number of three. On towing vessels of The Coast Guard has made additional and evaluated the feasibility of requiring more than 79 feet, they suggested editorial revisions to this section to lifebuoys on barges, and found the costs requiring four, in lieu of what we had remove redundancies and to locate all to outweigh the benefits. However, proposed, which was four, plus one on lifejacket requirements in this section, vessel owners or managing operators each side of the primary operating rather than cross-referencing 46 CFR may opt to carry additional approved station and one at each alternative subchapter W, and we have made lifebuoys for this purpose. operating station if the vessel is so amendments to §§ 199.01 and 199.10 of A mariner’s association and an equipped. subchapter W, to clarify that subchapter individual believed that efforts towards The Coast Guard agrees that two W does not apply to towing vessels. We the protection of personnel from cold lifebuoys are appropriate for a towing also numbered the rows of Table weather should include the requirement vessel between 26 and 79 feet in length, 199.10(a), to aid any possible future of anti-exposure work suits for water and has reduced the required number edits. temperatures below 59 degrees accordingly in amended § 141.360(a)(2), A towing company suggested Fahrenheit, as cited in the NVIC 7–91. consistent with lifesaving regulations amending proposed § 141.340(d) to be One commenter suggested that NVIC 7– for inspected vessels of similar size. consistent with TSAC recommendations 91 be rewritten to include ‘‘cold water’’ Similarly, the Coast Guard agrees that for stowing lifejackets. This particular areas found on navigable rivers in the proposed text appears to require TSAC recommendation refers to the addition to its present coastwise more lifebuoys than is practical on a TSMS option which allows alternative coverage. towing vessel of more than 79 feet in means to meet the requirements of this Consistent with recommendations in length, and has amended § 141.360(a)(3) section, and also outlines language NVIC 7–91, we proposed in § 141.350 to to clarify the requirement by stating the requiring the approved TSMS to specify require immersion suits for towing minimum number of lifebuoys and their the number and location of lifejackets to vessels that operate north of latitude 32° placement independently. Also, we facilitate immediate accessibility at N. or south of latitude 32° S. if the removed reference to primary and normally occupied spaces. vessel does not operate exclusively on alternative operating stations. Vessels The Coast Guard has reviewed the rivers or in a limited geographic area. At with more than one operating station TSAC recommendations and its these latitudes water temperatures drop will now be required to carry lifebuoys proposed edits to draft regulatory text below 59 degrees Fahrenheit during a on each side of any operating station, as related to lifesaving requirements in typical year. While the Coast Guard practicable. We are aware that some of their entirety and confirm that our agrees that anti-exposure work suits of the operating stations may have limited revisions to proposed § 141.340(d) (now the type approved by the Coast Guard space available or may not have a way § 141.340(c)) are consistent with those under approval series 160.053 or to access the sides. In these cases, recommendations. 160.153 provide valuable thermal owners and operators need to work with We received comments from maritime protection to workers on deck, they are the local OCMI to determine an companies and an association that not intended to get wet. Immersion suits acceptable equivalent for the operating recommended that the requirement for are specially tested and approved for station concerned. posting of placards with information thermal protection during prolonged As above in §§ 141.340(c) and regarding use of lifejackets be deleted, immersion in cold water. As in 141.350(a)(3), we revised the text in and that information in another format § 141.340(c) above, we revised the text § 141.360(a)(4) to clarify that the option be provided on the vessel instead. in paragraph (a)(3) to clarify that the to use alternative means to comply with While the Coast Guard believes that option to use alternative means to the lifebuoy requirements also applies proper donning and use of the PFD comply with the immersion suit to non-TSMS vessels and to cross plays a large part in survival, we note requirements also applies to non-TSMS reference back to § 141.225. that this information is covered by the vessels and to cross reference back to Other commenters, including an safety orientation required by § 141.225. association and an individual, § 140.410(b). Accordingly, § 141.345 has We received several comments, from recommended that § 141.360 require a been removed from this rulemaking. maritime companies and others, specific commercially available One commenter recommended that, at requesting proposed § 141.360(a)(1) be throwable PFD, instead of the a minimum, each towing vessel should deleted because subchapter M does not traditional ‘‘lifebuoy’’ because lifebuoys be required to furnish a throwable apply to vessels less than 26-feet long. can only be thrown a relatively short flotation lifesaving device on the end of The Coast Guard does not agree. distance. each barge or tow available and ready Section 136.105 makes subchapter M The Coast Guard has revised for use at all times to rapidly retrieve a applicable to towing vessels of less than § 141.360 to allow for throwable devices person who falls overboard. The 26 feet if the towing vessel is pushing, approved under approval series 160.050 commenter noted that without a pulling, or hauling a barge that is or 160.150 to satisfy the prescriptive ‘‘lifebuoy’’ or equivalent, if a person carrying oil or hazardous material in requirements of this section, provided falls overboard from a single barge tow, bulk, and the requirement in that the vessel is not subject to SOLAS. the nearest throwable lifesaving device § 141.360(a)(1)—to carry a minimum of An approved lifebuoy, or another may be on the towboat itself and may one lifebuoy of not less than 510 throwable PFD approved under be 100 to more than 1,000 feet and millimeters (20 inches) in diameter— approval series 160.050 or 160.150 as minutes away. applies to those towing vessels. equivalent to a lifebuoy, would satisfy The Coast Guard recognizes the We received several comments from this requirement. Consistent with commenter’s concern, but the comment maritime companies and associations specifying performance objectives when is outside the scope of this rulemaking. suggesting that the required number of possible, rather than specifying the We note that on September 10, 2014, the lifebuoys on towing vessels be behavior or manner of compliance that

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regulated entities must adopt, we did to use a different standard for similar addition to that required under not adopt the commenter’s suggestion requirements on other types of subchapter M and that this excess that we require a specific commercially inspected vessels. equipment need not be Coast Guard available throwable PFD. One commenter suggested that the approved. We do not see a need to Regarding proposed § 141.360(b), a number of alternative lifebuoys be left to require the person-overboard recovering company suggested that the reference to the OCMI to decide. equipment, in addition to the lifesaving release of lifebuoys in § 199.70(a)(1)(v) As noted above, we have reduced the equipment required in this rule. would not be necessary for most towing number of lifebuoys below what we One commenter recommended a vessels, particularly those operating on proposed in the NPRM. We do not public hearing to discuss the lifesaving inland waters. Some commenters also believe an appropriate level of safety is equipment approval process within the felt that the wording for § 141.360(b)(2) met by further reducing that number. Marine Safety Directorate, and to agree should be rewritten but did not provide Under § 141.225, however, the OCMI on what changes can encourage suggestions. may require additional lifebuoys as innovative lifesaving devices for The Coast Guard agrees that the deemed necessary based on the commercial vessels. requirements of § 199.70(a)(1)(v) is not operating area. This recommendation is outside of the most appropriate for towing vessels, Lastly, an individual asserted that in the scope of this rulemaking, as this rule and further notes that the cross order to quickly identify lifebuoys as applies only to the carriage of approved reference to § 199.70 in § 141.360(b) safety equipment, all lifebuoys should lifesaving appliances on towing vessels, creates unnecessary confusion as to be colored orange. and does not address the process by The Coast Guard believes that which requirements apply. The Coast which that equipment is approved. We lifebuoys are readily recognized as Guard has revised § 141.360 to remove have made no changes from the lifesaving equipment, regardless of the reference to § 199.70(a) and to proposed rule based on this comment. color. However, in § 141.360(b)(5) we include only those requirements that are We received several comments intended to apply to lifebuoys on require that lifebuoys must be orange on vessels on an oceans or coastwise route, suggesting edits to the Miscellaneous towing vessels. Lifesaving Requirements table, Table Three commenters felt that where visibility could be obscured by 141.370. We received two comments § 141.360(b)(2) should be amended to white caps. from maritime companies, suggesting clarify that floating electric water lights One commenter pointed out that amendments to the table clarifying are not required for towing vessels proposed § 141.365 includes procedures which vessels require six flares and operating solely on Western Rivers. in the TSMS for the prompt recovery of The Coast Guard does not agree. The a person from the water, and for the which require 12. One association fitting of lights to lifebuoys increases the training of crewmembers responsible for suggested that in order to be consistent likelihood that the person in the water recovery in effectively implementing with other table styles, instead of the will be located and retrieved, such procedures, applies only to towing three columns for Emergency Position irrespective of the operating area. vessels under a TSMS and not to vessels Indicating Radio Beacon (EPIRB) stating However, under revised § 141.360(c)(2) that elect Coast Guard inspection. This ‘‘Yes’’, the columns should just indicate and (3), the floating electric water light commenter recommends that the rule ‘‘1’’. is not required for towing vessels also address this issue for towing vessel The Coast Guard agrees that our limited to daytime operations. choosing the Coast Guard inspection proposed Table 141.370 is confusing. An individual indicated that the option. We have made appropriate revisions to proposed rule did not clearly state the The Coast Guard does not agree with the table and the regulatory text of the floating electronic water light should requiring these written procedures for first section it references, § 141.375. not be attached to the lifeline. those vessels choosing the Coast Guard One commenter recommended that As noted in § 141.360(c)(4), the option. Vessels choosing the Coast the table in this section include ‘‘Rivers floating electric water light is to be Guard option will be required to get and Canals’’ as an area of operation. secured around the body of the lifebuoy, underway to conduct drills for a Coast As we said in response to the same which is consistent with language Guard inspector and the retrieval of a comment regarding Table 141.305, the applicable to other inspected vessels. man-overboard may be required as part definition of ‘‘rivers’’ in § 136.110, The Coast Guard feels that this language of these drills. Therefore, the procedures which applies to the term used in § 141.360(c)(4) is clear. and training will be examined through throughout subchapter M, includes One commenter felt that using practice rather than through audit of the canals. We have made no changes from millimeters in proposed § 141.360(b)(3) SMS. However, we did find that the proposed rule based on this was unnecessary and could result in an proposed § 141.365 was redundant with comment. inspector rejecting a lifeline if he or she § 138.215 and removed it from the final Several commenters suggested that determined it is only 908 mm in length rule. ‘‘excepted towing vessels’’ operating instead of the required 910 mm. The We received two submissions from solely on Rivers or Western Rivers be commenter suggested that we use commenters requesting we add a exempt from carrying distress signals. meters instead of millimeters. requirement for specific commercially We received several comments, mainly The Coast Guard does not agree. The available person-overboard recovering from individuals and maritime millimeter equivalents to the 3 and 6 equipment. One commenter said that companies, who felt that the visual foot standards in the corresponding recovery equipment to receive distress signals should not apply to paragraph of this final rule, unconscious personnel from water Western Rivers or inland river systems. § 141.360(c)(3), are consistent with should be required. Another commenter felt that flares and similar regulations for other inspected The Coast Guard is not in the position smoke signals required in proposed vessels. See, for example, 46 CFR 117.70 to require carriage of a specific § 141.375(b) were not needed for vessels and 180.70. The more precise metric commercial product. Based on these operating on rivers one mile wide. A equivalent leaves less of a gap between comments, however, we have added text maritime company disagreed with the it and the English units. The Coast to § 141.200 to allow a towing vessel to requirement for single flares on harbor Guard does not see a compelling reason carry additional lifesaving equipment in and fleeting tugs.

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The Coast Guard does not agree. The the effective date of these rules should portable fire pumps, the requirements carriage, proper stowage, training, and be a type which includes a satellite for a professional engineer (P.E.) to use of visual distress signals influence position in its distress alert. certify fire detection systems, and any survivability of the crew in the event of The Coast Guard recognizes the merit requirements relating to onboard fire- an emergency that would require of enhanced locating devices, but the fighting. Each of these comments is evacuation. As we noted above, time to benefit of adding enhanced GPS locating discussed in greater detail in the rescue is influenced by the ability to functionality to an EPIRB does not following item-by-item responses. detect persons in distress. If there is outweigh the costs associated with In general, the nature of the public insufficient evidence that crewmembers making it mandatory for all towing comments made it clear to us that the are in trouble, it is less likely they will vessels, particularly before it is organization of part 142 was confusing receive the assistance they need. mandatory for other types of inspected and could be greatly improved by One commenter felt that phrases such vessels. Though the Coast Guard may placing in subpart B all of the general as, ‘‘approved under 46 CFR subpart consider this matter holistically in the requirements that are applicable to all 160.021 or other standard specified by future, we have not made changes to the towing vessels—such as equipment the Coast Guard’’ is vague and should proposed rule based on this comment. approvals, fire hazards to be minimized, instead reference approval series found However, this does not preclude a storage of flammable liquids, portable in 46 CFR 199.30. vessel operator from optionally carrying fire extinguishers, firefighter’s outfits, The Coast Guard agrees and has such equipment. fire axes, and maintenance and revised the regulatory text in part 141 to We received comments from three training—and placing in subpart C the specify the approval series applicable to maritime companies that felt that specific requirements for fire- all lifesaving equipment required to be because a tug is able to retrieve a barge extinguishing and fire detection systems approved. The Coast Guard believes that without boarding, and because boarding applicable only to certain vessels. specifying the appropriate approval a drifting barge is dangerous, the line Accordingly, we reorganized part 142 by series assists the vessel owners and throwing requirement in § 141.385 is deleting redundant requirements for managing operators in determining not needed. fixed fire-extinguishing systems in The Coast Guard notes that the line- whether specific equipment is approved proposed § 142.235, and moving the throwing appliance was only proposed for a particular application. requirements for portable fire to be carried on towing vessels We received several comments, extinguishers from proposed § 142.305 operating on ocean routes, and is not particularly from maritime companies, to § 142.230(d), the requirements for necessarily intended for boarding a suggesting the deletion of § 141.380(c), firefighter’s outfits from proposed drifting barge. The line-throwing which requires identification markings § 142.350 to a new § 142.226, and the appliance can be used to pass a line to on each EPIRB. requirements for fire axes from The Coast Guard does not agree. another vessel if the towing vessel is proposed § 142.350 to a new § 142.227, When we find an unattended EPIRB, it incapacitated and needs to be towed. but we did not change any is important that we know what vessel One association suggested broadening requirements, except in response to it came from, so that we can mount a the line throwing apparatus requirement public comments as discussed in the more focused and effective rescue to include towing vessels in coastwise following paragraphs. Section 142.235 response. service that operate beyond the in this final rule now contains One company requested an exception boundary line. requirements for vessels contracted for from the EPIRB requirement for vessels The Coast Guard agrees that vessels in prior to November 19, 1952. operating within coastal bays or sounds coastwise service will be subject to that may occasionally operate at greater similar conditions, and have expanded With respect to proposed § 142.105 on than 3 miles from shore. this requirement to include them, applicability, one commenter requested In § 141.380, we did propose to consistent with other inspected vessels that we add text to indicate that vessels require EPIRBs on vessels operating (see 46 CFR 199.170 and 199.610). We exempted from 46 CFR part 27—which upon the Great Lakes beyond 3 nautical have amended § 141.385 accordingly. currently applies to most towing vessels that will become subject to subchapter miles from shore but not on vessels L. Fire Protection (Part 142) operating on lakes, bays, and sounds. M requirements—need not comply with The Coast Guard acknowledges the The fire protection standards part 142. We partially agree with this conflict between § 141.380 and Table proposed in Part 142 retained most of commenter. In § 142.300, we have 141.370, and has made the appropriate the fire protection regulations that established that excepted vessels need revisions to the table to exclude vessels currently apply to towing vessels and not comply with the provisions of on lakes, bays, and sounds from the are contained in 46 CFR parts 25 and 27. subpart C regarding fixed fire- EPIRB requirement. The public comments received in extinguishing equipment; our definition One commenter stated that the response to proposed part 142 provided of ‘‘excepted vessels’’ in § 136.110 requirement for EPIRBs does not a number of suggestions aimed at includes many of the vessels excluded mention requirements for hydrostatic improving the clarity of the from part 27 applicability by release. requirements based on several years of § 27.100(b). We note that § 141.380(b) requires operating experience with the current But, we do not agree that these vessels that the EPIRB be mounted such that it regulations. We have incorporated many should be exempt from the general fire will float free if the vessel sinks. of these suggestions in an effort to make safety provisions in subparts A and B. Hydrostatic release is one of several part 142 more user-friendly, and made These requirements implement methods for meeting this requirement. additional editorial revisions to improve minimum standards for portable fire We made no changes from the proposed clarity and readability. We also received extinguishers and control of rule based on this comment. some comments critical of specific combustible materials, which we One commenter suggested that provisions in the NPRM. Most notable believe are essential on board all § 141.380(a) be consistent with NTSB are objections to the requirements for vessels. Accordingly, we did not adopt Recommendations M–10–1 and flammable liquid storage cabinets on the broad exemption recommended by suggested that each EPIRB installed after inland towing vessels, the use of the commenter.

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We revised § 141.205(a) to include a The revised requirement would accept submitted regarding the proposed reference to SOLAS Chapter II–2 as this exhaust systems designed to either requirements for the carriage of is where specific fire protection Standard P–1 of the American Boat and firefighter’s outfits covered by proposed requirements are contained. Yacht Council (ABYC) or Standard 302 § 142.345 (now § 142.226 as noted With respect to § 142.215, one of the National Fire Protection above). One commenter recommended commenter suggested that the Association (NFPA) as equivalent forms that the proposed standards should be installation of excess fire-fighting and of protection. These additional means of enhanced by listing the specific fire detection equipment on a vessel protection will provide operators of equipment required for each firefighter’s must be designed, constructed, installed existing vessels a wider range of choices outfit. Others recommended that the and maintained in accordance with to comply with the rule. As noted requirements for the carriage of recognized industry standards above, proposed § 142.220(c) was firefighter’s outfits should be deleted in acceptable to the Coast Guard. We agree moved to § 144.415 as this requirement their entirety, since in their opinion it with this comment and have added a is more closely related to part 144. is too dangerous for crewmembers to paragraph (c) to this section to address We received several comments enter a burning engine room, and would equipment that is installed but not objecting to requirements in § 142.225 be better advised to abandon ship in the required by this subpart. Because there for approved flammable liquids storage event of a serious fire. may be existing vessels affected by this, cabinets on boats operating on the We have not removed the we have included provisions that allow Western rivers. These commenters requirements for firefighter’s outfits. We the local OCMI to accept existing appear to have misinterpreted the proposed firefighter’s outfits for a equipment of any design as long as it is proposed rule. We proposed that limited class of vessels. Only vessels of determined to be in serviceable combustible and flammable liquids be 79 feet or more, operating on ocean or condition. Additionally, we have stored in a controlled area, either a coastwise routes, that do not have a clarified the wording regarding specific room or a dedicated storage fixed fire suppression system in the approved equipment in order to cabinet. An approved storage cabinet is engine room are required to carry standardize this language throughout an option and not a required piece of firefighter’s outfits. These vessels are the subchapter. equipment. Related to this, one primarily existing vessels that were Several commenters expressed commenter recommended that we also contracted for prior to August 27, 2003. concern that the proposed requirements accept flammable liquid storage cabinets The Coast Guard believes that these in § 142.220 appeared to prohibit the that are Factory Mutual approved. We vessels, which operate on the open presence of any combustible and agree with the commenter that Factory ocean should have enhanced fire- flammable liquids in the bilges at any Mutual cabinets provide an equivalent fighting equipment because timely time. They noted that the accumulation level of safety as those approved to UL outside assistance is unlikely, and in the of some amounts of combustible and 1275, a voluntary consensus standard event of an engine room fire the crew flammable liquids in the bilges is used in the NPRM and this final rule, must be able to provide onboard unavoidable during normal operations, and have added a new § 142.225(c)(2) to response. Vessel operators that believe and requested changes to this section. accept their use. Another commenter that fire-fighting poses an unacceptable We agree that small amounts of such felt that securing the cabinets to the risk to the crew have the option of liquids are likely to be present; vessel should not be required on the installing a fixed fire-extinguishing however, we also want to clearly Western Rivers, but offered no system in the engine room. express our concerns over the justification for the comment. We One commenter requested changes to accumulation of considerable quantities acknowledge that vessels operating on § 142.230 that would allow two size B– of liquids that could be a fire hazard. the river system are subject to less III semi-portable fire extinguishers on We therefore modified the text of significant wind and wave motions than smaller vessels to substitute for the § 142.220(a) to indicate that the bilges are experienced by ocean-going vessels, required B–V extinguisher, which in should be kept as clear as practical. but do not agree with the commenter their opinion, is difficult to handle due Another commenter felt that the that flammable liquid storage cabinets to its size. We do not agree with this proposed requirements in proposed should be unsecured. Any sudden comment. As noted in the 2004 Fire- § 142.220(c) (now § 144.415) for the acceleration or movement of the vessel Suppression Systems and Voyage insulation of exhaust pipes and galley could dislodge the cabinet, causing a Planning for Towing Vessels final rule cooking equipment exhaust ducts flammable liquid spill potentially (69 FR 34064, June 18, 2004), the should apply only to new vessels leading to a fire. We have not made any severity of an engine-room fire is not because it would be difficult to retrofit changes as a result of this comment. related to the length of the vessel, but existing vessels, and the risk does not Finally, we received one comment to the fire hazard present in the engine warrant added protection. We do not suggesting that § 142.225 should contain room. The use of marine diesel fuel oil agree with this commenter, and have information on the storage of hazardous poses a sufficient hazard to warrant the not changed the requirement. There material in ships’ stores. We believe higher fire-suppression capability of a have been recent exhaust system fires these materials are adequately covered size B–V extinguisher. However, we are (discussed in our Safety Alert 05–08, by regulations in 46 CFR part 147, concerned that some operators may be dated September 17, 2008) in which the which apply to towing and other vessels installing semi-portable extinguishers cause was attributed to the installation subject to inspection under 46 U.S.C. that are fitted with wheels. These types of new diesel engines that run at hotter 3301, and need not be repeated here. of extinguishers are intended for use in temperatures than previous models. We In § 142.226 (proposed § 142.345), and shore-side applications and, if used on believe that the potential fire risk is the throughout this part, we changed all board vessels, they need to be secured same on both new and existing vessels. references from fireman to firefighter. to prevent possible injury to the crew. However, to alleviate concerns about We also removed the reference to the We have consequently added a installing insulation on the exhaust Mine Safety and Health Administration supplemental provision to § 142.230(e) systems of existing vessels, we have because this agency no longer approves that requires that any extinguishers added to § 144.415 two alternate self-contained breathing apparatus for fitted with wheels must be welded or methods of demonstrating compliance. normal use. A variety of comments were otherwise secured to the vessel.

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Another commenter noted that of clean agent fire-extinguishing systems proposed § 142.240(c), now § 142.240(a), because the NPRM splits discussion of as an alternative to carbon dioxide with ‘‘fire dampers.’’ It was not our the fire extinguisher requirements systems. Because of this, it was intent to require the testing of fusible- between § 142.230 and proposed necessary to change the inspection and link fire dampers. The proposed § 142.305, it was difficult to determine testing requirements for fire- requirement was directed at pressure- what is actually required; the extinguishing systems in Table 142.240 operated dampers installed in engine commenter requested a single chart with to include criteria for the inspection and room ventilation ducts. These dampers all of the fire extinguisher requirements testing of the new clean agents. We have are automatically operated by the engine in one location. We agree with this also slightly modified the definition of room fire-extinguishing system, and commenter and have relocated all of the ‘‘fixed fire-extinguishing system’’ in must close prior to system discharge to portable hand-held fire extinguisher § 136.110 to comport with the revised prevent the leakage and dilution of the requirements to § 142.230(d) and definition in new 46 CFR 27.101. fire-extinguishing agent. To clarify what deleted proposed § 142.305. The Additionally, we changed ‘‘maintain’’ dampers we intended to be tested, we proposed text in § 142.230(d) relating to to ‘‘test and inspect’’ in the water mist have changed ‘‘dampers’’ to ‘‘fixed fire- extinguisher labeling and nameplates ‘‘test’’ field in Table 142.240, to more extinguishing system pressure-operated has also been deleted, since this is an accurately reflect the intent of this dampers.’’ We have also added this approval requirement covered by 46 requirement. phrase to § 142.240(a)(5) to clarify that CFR 162.028–3(f) and 162.028–4, and is Several comments related to the these dampers must be tested as part of not appropriate for inclusion here. proposed regulatory text in § 142.240 the fire-extinguishing system inspection Requirements for semi-portable B–V fire revealed that this section was confusing procedures. extinguishers remain in § 142.315. and did not clearly convey our intended One commenter requested a As previously noted in the general requirements. During our further review modification to the carbon dioxide discussion of Part 142, we have deleted of proposed § 142.240 we noted that the cylinder tests required by Table 142.240 the content of proposed § 142.235 NPRM used inconsistent wording and that would remove the requirement to because it contained a superfluous tended to use the terms ‘‘examination,’’ weigh the cylinders, and in its place requirement that fixed fire- ‘‘test,’’ and ‘‘maintenance’’ permit the use of liquid level indicators. extinguishing systems must be approved interchangeably, which contributed to We do not agree with this requested by the Commandant, which is already the confusion. We have, therefore, modification. The Coast Guard has required by § 142.215(a). We also revised the text and format of this historically required that carbon dioxide deleted the requirement that carbon section to improve its clarity and cylinders must be weighed to determine dioxide systems must be designed in consistency. All testing and inspection the amount of extinguishing agent (see, accordance with 46 CFR part 76, subpart requirements are stated in paragraph (a), e.g., 46 CFR 91.25–20(a)(2) and related 76.15, because this is covered in the all maintenance requirements are in table), because weighing is the only definition of ‘‘fixed fire-extinguishing paragraph (b), and requirements for reliable method to check the quantity of system’’ in § 136.110. recordkeeping are in paragraph (c). We carbon dioxide in the cylinders that the One commenter suggested that all have also replaced the word Coast Guard recognizes. Liquid level new installations of fixed fire- ‘‘examination’’ with ‘‘inspection’’ to be measuring systems use various types of extinguishing systems should be consistent with other Coast Guard sensing elements that show the location required to undergo plan approval by regulations. of the liquid/gas interface within the the Coast Guard prior to installation. We We received numerous comments cylinder. With that knowledge, a do not agree with this comment and requesting that the proposed text of this technician is able to calculate the have not changed the proposed rule to section be modified to require fire quantity of agent. We have no objection require plan approval by the Coast suppression and fire detection systems to the use of liquid level indicators for Guard. We believe requirements in be inspected or tested annually or in checking the quantity of halocarbon § 144.135 are sufficient. That section accordance with the TSMS applicable to clean agents, because a liquid/gas requires verification of compliance with the vessel. We agree with this view and interface can be easily determined. This construction and design standards have changed § 142.240(a) to require is not the case with carbon dioxide, before a new installation that is not a inspection or testing at least every 12 however, which has a critical replacement in kind may be installed. months—as we proposed in temperature of 87.8 degrees Fahrenheit. We changed the inspection and testing § 142.240(c)—or more frequently, if Below the critical temperature, carbon criteria in Table 142.240 to harmonize required by the vessel’s TSMS. dioxide in a closed container may be this regulation with the Carbon Dioxide Several comments also proposed that part liquid and part gas. Above the Fire Suppression Systems on the TSMS should be the exclusive form critical temperature it is entirely gas, Commercial Vessels final rule (77 FR of recordkeeping for test and inspection making the use of such measuring 33860, June 7, 2012), a separate rule results. We do not agree with this devices impractical. related to fire suppression systems on comment. For flexibility, we have One commenter requested that we commercial vessels that was published proposed that the records may be kept change § 142.245 to require all records after we published our NPRM. We made in accordance with an applicable TSMS, of training and drills to be kept in the reference to that ongoing rulemaking the TVR, or the vessel’s logbook, TVR. We do not agree and have made and its potential impact on this rule in whichever applies. We have also added no changes from the proposed rule our NPRM. See 76 FR 49985, Aug. 11, new provisions in § 142.240(c)(2) to based on this comment. For flexibility, 2011. The Carbon Dioxide Fire accept service tags attached to portable we have permitted several acceptable Suppression rule revised the vessel and semi-portable extinguishers by a recordkeeping methods, in accordance regulations to require lock-out valves qualified servicing organization as an with part 140 of this subchapter. and odorizing units on all new carbon acceptable record that demonstrates the One commenter questioned the dioxide extinguishing systems installed required tests and inspections have been intended extent of the fire detection and or materially altered after July 9, 2013. completed. alarm system testing during drills That rulemaking also changed each of One commenter requested that we required by proposed § 142.245(c)(3). As the vessel subchapters to allow the use replace the phrase ‘‘dampers’’ in proposed, the commenter noted, each

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drill could be understood to require a extinguisher requirements previously difficult to successfully operate under complete test of the system. This is not proposed in § 142.305 to § 142.230(d). emergency conditions. our intent. We anticipate that during We also revised the section heading of A third commenter noted that in his drills, only the test switch or a single § 142.315 to ‘‘Additional fire- experience, many crews have detector needs to be activated to extinguishing equipment requirements,’’ difficulties getting the self-priming familiarize the crew with the system’s and amended that entire section to make feature of portable fire pumps to operation, and have changed the text of clear which provisions did not apply to function. We believe this commenter § 142.245(c)(3) to require that only one certain towing vessels. In order to raises a valid point, and have added a device needs to be tested. account for those vessels operating new paragraph (c)(5) to § 142.245 to One commenter requested that the within 3 nautical miles from shore on require regular training on the self- proposed requirements in this section the Great Lakes, we revised paragraph priming feature during fire drills to for training crews to respond to fires (a)(1) of § 142.315. These revisions did ensure crew familiarity its operation, on should be removed from the rule, as the not change any substantive vessels equipped with portable pumps. limited scope of the training would not requirements proposed in the NPRM. Another commenter requested that we afford crew members with the necessary We received numerous comments not accept the use of portable pumps at skills and knowledge to safely engage in requesting that we modify proposed all, as they are not comparable to fixed fire-fighting activities. The commenter § 142.325(c) to clarify that sufficient fire main systems, and the amount of anticipated that this may result in a hydrants and hoses must be provided to time it takes to assemble and deploy the false sense of security, leading to allow ‘‘a stream of water from’’ a single pump in darkness or rough weather injuries for crewmembers attempting to length of hose to reach any part of the could compromise mariner safety. We fight engine room fires. Further machinery space. We concur with these do not concur with this comment supporting this argument, it was comments and have changed the text because portable pumps were suggested that the typical practice on accordingly. Associated with this were previously allowed for uninspected inland towing vessels in response to a several comments that the requirement towing vessels and we do not have data fire is to attempt ‘‘first-aid’’ firefighting for a single length of hose should be supporting the removal of the option of using portable extinguishers or fire deleted. We do not concur with this, using cost-effective portable fire pumps. hoses. If this fails to contain the fire, the because the single, 15-meter-length-of- Operators with vessels on routes or in crew would abandon ship to the tow or hose requirement ensures that a services where the ability to deploy and the riverbank. sufficient number of fire hydrants with operate portable pumps could be Another commenter requested that we attached hoses are installed in or close difficult may choose to install a fixed strengthen the training requirements by to the engine room. If the fire-fighting fire main system as an option. mandating that all licensed officers, water could be provided by multiple One commenter recommended that apprentice mates, steersmen, and sections of hose linked together, (i.e., a we specify the type of fire hoses engineers complete formal fire-fighting segmented hose of unlimited length) a required by this section, and urged that training courses. single remote hydrant might satisfy the we adopt UL 19 as the required We considered comments on these rule, but the length of hose required standard. We believe that the existing same issues in a previous rulemaking, would either be too cumbersome to requirement for lined commercial fire the Fire-Suppression Systems and handle in an emergency, not provide the hose provides suitable fire-fighting Voyage Planning for Towing Vessels necessary amount of firefighting water equipment for this purpose. Firehose interim rule (68 FR 22607, April 29, due to friction loss, or both. meeting UL 19 is constructed to a higher 2003), and believed at that time that the One commenter urged us to add a standard that would impose level of training proposed in our new § 142.325(g) requiring a minimum unnecessary costs on the industry. Inspection of Towing Vessels NPRM fuel supply stowed onboard to enable 4 One commenter suggested that would provide crew members with hours of operation of the portable fire § 142.325 require a dedicated sea-chest adequate knowledge of the procedures pump. We do not agree with this for the installed fire main. We do not and equipment on board their vessels suggestion. Paragraph (b) of 46 CFR agree with this comment, because a needed to respond to fires; we have not 27.211 prohibits the carriage of portable dedicated sea-chest would likely be changed our opinion on this issue based fuel tanks and related hardware except used only during drills and in on these comments on § 142.245. In when used for outboard engines or emergencies. If the fire main system is support of our previous rulemaking, when permanently attached to portable connected to a sea-chest that is regularly TSAC had performed an independent equipment such as fire pumps. Most used for shipboard services, there is a analysis of our casualty data, which commercially available portable fire greater chance that it will be clear of showed that over 80 percent of the pumps have a fuel tank capable of debris or fouling when needed. reported fires on inland vessels had operating the pump for at least 1 hour. During our review of the public been extinguished by the crewmembers The carriage of supplemental fuel comments on § 142.330, we noted that with only seven reported injuries. (See supplies to allow 4 hours of operation the proposed introductory paragraph of USCG–2000–6931–0046, available on would conflict with the provisions of 46 this section was confusing in regard to www.regulations.gov). Further review of CFR 27.211(b). the fire detection system requirements the Coast Guard casualty reports on the Another commenter requested that we for towing vessels constructed on or vessels where injuries were reported remove the requirement for a ‘‘self- after January 18, 2000. We have clarified revealed that most of the seven injuries priming’’ portable fire pump and and improved the structure of this were the result of conditions in the require, as an alternative, that a section by addressing vessels whose engine room (e.g., burns from the fire minimum time period be specified construction was contracted for prior to outbreak) and were not attributable to during which the crew must be able to January 18, 2000, separately in fire-fighting efforts. demonstrate that their portable pump paragraph § 142.330(a)(8). As previously discussed, in order to can be deployed. We do not agree with One commenter requested make this regulation more user-friendly, this comment and have not removed the clarification as to whether the audible we have made various editorial changes requirement for self-priming pumps, as and visual alarms at the operating here such as moving the portable fire non-self-priming pumps are extremely station required by proposed

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§ 142.330(c) must be integral to the fire detection systems must be certified and that meet UL 217 may be used as an alarm control panel. The Coast Guard’s inspected by a P.E., a NICET Level IV alternative to satisfy the requirements in response is that the operating station Technician, or an authorized new § 142.330(b). We have retained this must have a fire detection control panel classification society including those on option in the final rule because it offers installed within the space. However, in vessels that elect or are subject to the a low cost alternative to installing a the years since the Fire-Suppression Coast Guard traditional inspection fixed detection system in these areas. Systems and Voyage Planning for scheme under § 137.200. When the A commenter requested changing Towing Vessels final rule was published Coast Guard inspects the vessel, it will proposed § 142.340 regarding a heat (69 FR 34064, June 18, 2004) and look for evidence that the vessel owner detector in the galley to require only incorporated into existing 46 CFR or managing operator has had all heat detectors that comply with UL 521. subchapter C regulations, we have required fire detection systems on the We have not specified a specific become aware that there may be cases vessel certified and inspected by a P.E., performance standard for the required where this is a problem on towing a NICET Level IV Technician, or an heat detectors; however, we agree with vessels with more than one operating authorized classification society. We the commenter that only restorable heat station because the fire detection system also edited § 142.330(a)(7) to clearly sensing type detectors may be used (i.e., control panel is not installed at each require the system and its installation to detectors that automatically reset to operating station. We did not intend to be both certified and inspected. operating condition when the heat impose an undue economic burden on One commenter requested source is removed), and have changed vessels of this design type by requiring clarification of proposed § 142.330(g), the requirements in redesignated fire detection control panels at each specifically, whether the certifying § 142.330(c) accordingly. operating station. Rather, one operating engineer or technician must review only In the NPRM we discussed comments station must be outfitted with the fire the detection system equipment and submitted in response to seven detection control panel while any others layout drawings, or whether it is questions we posed in a December 30, could be outfitted with either fire necessary to inspect the installation of 2004, Inspection of Towing Vessels detection control panels or a remote the fire detection system on board the notice. In response to that portion of the indicator with audible and visual vessel. We clarified the language in NPRM, one of these commenters alarms. We amended the regulatory text § 142.330, and specify that the fire recommended applying grandfathering of this section to reflect this intent (see detection system must be both: Certified to structural fire-protection new § 142.330(a)(3)). by a P.E., NICET technician, or an requirements. The commenter also felt Another commenter requested that we authorized classification society that existing vessels should be treated remove reference to a circuit-fault surveyor to comply with paragraphs differently from newly constructed detector test-switch in § 142.330(a)(4)(v) (a)(1) through (7) of § 142.330; and vessels because of the likelihood that because currently available fire alarm inspected by a Coast Guard marine fire standards will make it difficult to control panels use internal supervision inspector or a TPO surveyor, depending retrofit existing vessels. We have made instead of a test switch to verify circuit upon which inspection regime applies no changes to the final rule in response integrity. We agree with this comment to the vessel, to comply with to this comment. The fire protection and have changed this paragraph to § 142.330(a)(2). This last reference standards proposed in this part retain accept control panels with internal requires the system to be installed, most of the fire protection regulations circuit supervision as equivalent to tested and maintained in accordance that currently apply to existing towing those having a test switch. We have with the manufacturer’s design manual. vessels and are contained in Title 46 elected to retain a reference to panels We have substituted the term CFR parts 25 and 27. Only three new with a test switch to allow flexibility in independent testing laboratory in requirements have been added. Section meeting this provision. § 142.330(a)(1) and (8) with Nationally 142.227 requires all vessels to have a Various commenters suggested that Recognized Testing Laboratory (NRTL) fire axe, § 142.330(b) (proposed proposed § 142.330(g), which we as defined in 29 CFR 1910.7. The § 142.335) requires smoke detectors in redesignated as § 142.330(a)(7) in the proposed term independent testing berthing areas, and § 142.226 (proposed final rule, should be amended to allow laboratory is ambiguous and will be § 142.345) requires firefighter’s outfits certification of fire detection systems by replaced with NRTL throughout title 46 on certain ocean-going vessels. Battery- the National Institute for Certification in CFR upon the finalization of a operated smoke detectors will be Engineering Technologies (NICET) Level concurrent regulatory project (see the permitted, and the addition of fire axes IV technicians in addition to registered Harmonization of Standards for Fire and firefighter’s outfits does not require P.E.s. We concur with this view and Protection, Detection, and Extinguishing any modifications to the vessel; have changed the text of § 142.330(a)(7) Equipment notice of proposed therefore, we do not agree that either accordingly. Level IV technicians are rulemaking (79 FR 2254, January 13, requirement would be difficult to required to have at least 10 years’ 2014)). implement onboard existing vessels. experience in fire alarm installation and Please note that we have redesignated testing and must pass a comprehensive § 142.335, Smoke alarms in berthing M. Machinery and Electrical (Part 143) written exam to demonstrate their spaces, and § 142.340, Heat detector in In this final rule, we made substantive knowledge. Other commenters galley as § 142.330(b) and (c), changes in response to specific requested that we add a qualifying respectively, in the final rule. Multiple comments on the NPRM, and we also statement to the requirement for a P.E., commenters urged us to remove from made significant organizational changes. to ensure that the engineer is qualified proposed § 142.335 (now § 142.330(b)) Because of the organizational changes, to review and certify fire detection any requirements for battery operated subpart headings and section numbers systems. We agree and have changed smoke detectors in berthing spaces, and in this part no longer correspond to § 142.330(a)(7) to require that any P.E.s instead require smoke detectors that are those used in the NPRM. Much of the or authorized classification society part of an installed fixed fire-detection content of proposed part 143 has been reviewing the system have experience in system. We do not concur with this removed or reordered, and several fire detection system design. It is suggestion. Battery-operated smoke provisions have been changed to apply important to note that all required fire detectors are not required, but detectors to new vessels only. The requirements

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of proposed subpart C, deferred operator could choose another way to so as to avoid subjecting existing towing requirements for existing vessels, and comply so long as the alternative vessels to unnecessary additional proposed subpart D, for oil and method was approved by the OCMI or requirements. One commenter suggested hazardous material in bulk, have been an approved third party. On further that where a piece of equipment such as divided among the other subparts. This consideration, we have consolidated the a generator is replaced with another that derivation table lists part 143 section functional requirements with other has the same function and similar numbers in this final rule and the language about when and how characteristics but is not the exact same corresponding part 143 section from the exceptions from the baseline standard model, such replacement should be NPRM: may be granted (see § 143.210). considered ‘‘replacement in kind.’’ Another commenter suggested that Changes to Subpart A, ‘‘General’’ TABLE 1—DERIVATION OF SECTIONS proposed § 143.220 (now incorporated OF PART 143 FROM THE NPRM The applicability of the subparts into § 143.205) would prevent vessels within this part has changed. The from upgrading to more efficient specific changes are discussed equipment. Final rule NPRM section No.(s) section No. elsewhere in this preamble, but we have We added a definition of revised the discussion of applicability ‘‘replacement in kind’’ to § 136.110 in 143.100 ...... 143.110. in subpart A to provide an overview of response to numerous comments 143.105 ...... 143.105. the entire part for readers. Most notably, requesting clarification of this term, 143.115 ...... 143.115. 143.200 ...... 143.200, 143.325, 143.330, subpart A now specifies that existing which is used in parts 143 and 144. 143.335. vessels (which includes those vessels When equipment needs to be replaced, 143.205 ...... 143.220. already under construction that do not it may be replaced by the same or 143.210 ...... 143.110, 143.215. meet our definition of ‘‘new towing similar equipment, or it may be 143.215 ...... 143.210. vessel’’), have 2 years to comply with upgraded. It is certainly acceptable to 143.220 ...... 143.235. the rule; for certain listed provisions, upgrade, but an upgrade is not 143.225 ...... 143.240. the delay is longer. Additionally, considered a replacement in kind 143.230 ...... 143.245. because the structure of part 143 has because the maintenance and operation 143.235 ...... 143.250. changed, new vessels must comply with 143.240 ...... 143.330. of the new equipment may require 143.245 ...... 143.260. subparts B and C of part 143 except as operator training, new maintenance 143.250 ...... 143.270. noted in specific sections in subpart C schedules, OCMI approval of equipment 143.255 ...... 143.275. instead of the proposed subpart E. arrangement, and an update to the 143.260 ...... 143.280. Under our ‘‘new towing vessel’’ vessel’s TSMS. 143.265 ...... 143.285. definition, no vessel would be subject to Finally, the Coast Guard removed the 143.270 ...... 143.290. new vessel requirements until at least list of material incorporated by 143.275 ...... 143.295. July 20, 2017. reference specifically for part 143 143.300 ...... 143.320, 143.520, 143.525. Because of the additional discussion 143.400 ...... 143.300. (proposed § 143.120) and moved that 143.410 ...... 143.310. of the applicability of each subpart and content to a consolidated list for the 143.415 ...... 143.315. the changes to the discussion of entire subchapter at § 136.112. The 143.450 ...... 143.210, 143.325, 143.515, functional requirements with Coast Guard received one comment on 143.520. prescriptive options for compliance, we the incorporation of standards by 143.460 ...... 143.330. removed proposed § 143.110. The reference in part 143; the comment 143.500 ...... 143.500, 143.505. content specific to OCMI or third-party appeared to indicate that new 143.505 ...... 143.505. acceptance of alternative methods is incorporations are not necessary 143.510 ...... 143.510. relocated to § 143.210 and consolidated. because there are existing, currently 143.515 ...... 143.515. However, we will address here the 143.520 ...... 143.520. applicable standards elsewhere in title 143.540 ...... 143.535. comments received on proposed 46. The standards incorporated in part 143.545 ...... 143.540. § 143.110. One commenter suggested 143 are necessary because towing 143.550 ...... 143.545. adding the word ‘‘company’’ to the vessels represent a unique class of 143.555 ...... 143.340. entities named in § 143.110(c) on vessel design, and other standards 143.560 ...... 143.345. alternatives to the prescriptive option. incorporated in various CFR sections are 143.565 ...... 143.350. The Coast Guard declines to make this not currently applicable to towing 143.570 ...... 143.355. change, because an ‘‘owner or managing vessels. The engineering standards 143.575 ...... 143.360. operator’’ may be a company. Another 143.580 ...... 143.550. incorporated in subchapters F, J, and Q, 143.585 ...... 143.405. commenter suggested replacing OCMI or for instance, are generally applicable to 143.590 ...... 143.410. third-party acceptance with a TSMS much larger ships with different risk 143.595 ...... 143.420. accepted by the third party. This change profiles, such as passenger ships or large 143.600 ...... 143.430. would remove the option of OCMI tank vessels. 143.605 ...... 143.435. acceptance and would not be Changes to Subpart B, ‘‘Requirements appropriate for vessels not covered by a for All Towing Vessels’’ In several provisions in the NPRM, we TSMS, so the Coast Guard declines to offered two different options for make the change. The organization of subpart B remains complying with design or operational As previously discussed in this largely the same as in the NPRM, standards in certain areas. These preamble, we relocated the definition of although the section numbers have sections were divided up into ‘‘independent’’ to part 143 in response changed. We removed proposed ‘‘functional requirements’’ and to a comment pointing out that the § 143.230, ‘‘Guards for exposed ‘‘prescriptive options’’ for complying definition was specific to vessel hazards,’’ as it was duplicative of with the functional requirements. The arrangements described in this part. proposed § 144.345. For more on this, prescriptive options represented one Several commenters noted that that see discussion of changes to part 144 way to comply with the functional the phrase ‘‘replacement in kind’’ below. We also added two sections from requirements, but an owner or managing should not be construed too narrowly, proposed subpart C—pilothouse alerter

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systems and towing machinery—which and operation of the new equipment need to meet the pilothouse alerter have delayed application dates for may differ. requirement (by the delayed effective existing vessels. An existing vessel must date, 5 years after the issuance of the Alternate Design comply not later than 5 years after the first COI for the vessel) and readiness issuance of the first COI for the vessel. We combined proposed § 143.215 on and testing requirements. These This delayed compliance date is alternate design considerations with the fundamental safety provisions replace reflected in § 143.200(c) and is the same functional requirements provisions of the longer list that we had proposed. In length of time as was proposed in the proposed § 143.110 that called for OCMI particular, proposed paragraph (b)(2) on NPRM at proposed § 143.320. The or third-party acceptance; these are now potable water was removed because, as details of these requirements, and other located in § 143.210, and have been a number of commenters noted, changes to proposed subpart C, are further condensed to refer to similar proposed § 143.225 was ‘‘reserved’’ and discussed later in this preamble. provisions in § 136.115. As noted earlier listed no requirements. The Coast Guard in this preamble, these changes do not agrees with the suggestion to remove General alter the availability of approval for this reference to potable water We redesignated proposed § 143.220 alternate designs. requirements; we note that Food and as § 143.205. The Coast Guard received The Coast Guard received several Drug Administration requirements in 21 a suggestion that we insert the phrase comments requesting that we add CFR 1250.82 already apply to potable ‘‘in accordance with their ‘‘company’’ after ‘‘owner’’ in proposed water systems for most towing vessels responsibilities’’ in proposed § 143.215. The Coast Guard partially engaged in interstate commerce. In § 143.220(b). The Coast Guard agrees agrees. In § 143.210(a), we inserted ‘‘or addition, in § 140.510(a)(14) an owner with the general approach and has managing operator’’ after ‘‘owner’’ to be or managing operator must identify and revised the paragraph to clarify that consistent with other sections where we mitigate health and safety hazards crewmembers must demonstrate ability list both. The definition of ‘‘managing related to the towing vessel’s potable to operate the machinery and electrical operator’’ in § 136.110 includes water supply. systems for which they are responsible. organizations, and if a company owns Also, with regard to proposed Another commenter suggested the vessel, it would be covered by the § 143.210(a), the Coast Guard received changing the requirements in proposed definition of ‘‘owner.’’ several comments suggesting we change § 143.220(c)(3) to apply to all control the phrase ‘‘mechanical standards’’ to TSMS stations (operating stations) instead of ‘‘machinery standards.’’ The Coast just the primary one. The Coast Guard We removed proposed § 143.205, as it Guard agrees that ‘‘machinery agrees and has removed the word was duplicative of part 138. With standards’’ is the industry accepted ‘‘primary’’ from this requirement. The respect to the content of that proposed term, and amended the section Coast Guard understands that certain section, one commenter had suggested accordingly. In what is now paragraph vessels have more than one operating the Coast Guard include ‘‘guidelines’’ in (b), the Coast Guard clarified that the station; in such cases, each operating paragraph (a), along with policies and OCMI or a third party would deem the station would need to comply with procedures to ensure compliance. The vessel to be in compliance. revised and redesignated Coast Guard declines to make such a As is discussed later in this preamble, § 143.205(c)(3). change in the provisions discussing new towing vessels meeting ABS rules One commenter suggested that the TSMSs, because the purpose of the in accordance with § 143.515, or classed Coast Guard insert the phrase ‘‘with TSMS is to help ensure compliance by ABS, are considered to be in respect to the installation in question’’ with all parts of this subchapter, and the compliance with part 143 except for the in the sentence in proposed § 143.220(d) inclusion of guidelines is not necessary pilothouse alerter and readiness and that requires installations to comply to that minimum standard. Nothing testing sections that are described with subpart C for new vessels if the prohibits the inclusion of guidelines in below. New towing vessels classed by installation is made after this rule individual TSMSs, however. other recognized classification societies becomes effective and is not a may also be compliant with part 143 if replacement in kind on an existing Existing Vessels Built to Class approved by the Coast Guard. This final towing vessel. The Coast Guard declines We redesignated proposed § 143.210 rule offers more flexibility than the to make that change because the original as § 143.215. Proposed § 143.210 had proposed rule, in that it provides for language was unambiguous and the provided that vessels classed by the Coast Guard approval of other class addition unnecessary. American Bureau of Shipping (ABS), or standards, but does not automatically Another commenter asked the Coast built to ABS rules, would be considered accept all classed vessels as compliant Guard to change proposed § 143.220 to in compliance with part 143 if they met with part 143. In light of the wide range ‘‘clarify that replacements mandated by certain additional requirements. of possible class standards in the future, regulation will not trigger the referenced However, we determined that the we believe this is the correct balance follow-on regulations . . . .’’ The Coast requirements for existing and new between safety and feasibility. Guard disagrees. If equipment requires vessels need to be further distinguished. replacement and the owner or managing This final rule creates flexibility for Machinery Space Fire Prevention operator chooses not to make a existing vessels: Existing towing vessels We redesignated proposed § 143.235 replacement in kind, it is considered an currently classed by any recognized as § 143.220. One commenter suggested upgrade and subpart C may apply. classification society, or determined the Coast Guard change ‘‘flammable Depending on the significance of the compliant with any recognized liquid’’ to ‘‘flammable or combustible replacement (whole system versus one classification society’s appropriate liquid’’ in proposed paragraphs (a) and particular piece), newer standards may rules, are equivalent to nearly all of the (c), to cover diesel fuel. The Coast Guard be applicable. Applying subpart C to requirements of subpart B. We have agrees that most grades of diesel fuel are replacement equipment will not result reduced the list of additional considered ‘‘combustible liquids’’ as in the same cost as applying subpart C requirements originally proposed in opposed to more volatile ‘‘flammable to existing equipment, and is § 143.210(b), so that existing vessels that liquids’’ such as gasoline, and amended appropriate because the maintenance are classed or built to class rules only the section accordingly to indicate the

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intent of preventing fires. We also refer The Coast Guard does not agree with One commenter requested a high level to 46 CFR subpart 30.10 for definitions these comments because the use of the alarm requirement on day tanks, stating of those terms. Similarly, one word ‘‘thrust’’ is intended to cover other that a number of spills have occurred as commenter suggested we add ‘‘and propulsion systems in use today, the result of day tanks being overfilled. other flammable liquids’’ to the including varying propulsion and The Coast Guard agrees that a high level restriction on oil in proposed paragraph steering control designs, as well as alarm could be beneficial. However, we (b). The Coast Guard agrees with the indicators. An example would be a shaft do not have spill data to justify such a underlying concern, but has removed tachometer as an acceptable means of requirement and there are other proposed paragraph (b) because it was monitoring the vessel’s propulsion acceptable means to ensure the day tank duplicative of the fire hazards provision thrust. is not overfilled (for example, routing in part 142. The Coast Guard received several the overfill line to a storage tank, With respect to proposed § 143.235(c), comments asking if the position of the physically observing the level of the several commenters said that the rudder joystick is sufficient to meet the tank during filling operations, temperature threshold required, 65.5 °C requirements of proposed paragraph (b). monitoring quantity of fuel transferred (150 °F), is too low to be practical. The The position of the rudder joystick does so it does not exceed available capacity). Coast Guard agrees that the temperature not provide a positive position of the In the future, we may propose requiring specified in the NPRM was impractical, rudder and is not acceptable. The this alarm if spill data suggests and amended what is now § 143.220(b) rudder joystick simply provides an overfilling of the day tank could have to adopt the SOLAS requirements for indication of the commanded position been avoided by such an alarm. insulation of hot surfaces: 220 °C of the rudder. The Coast Guard also received several comments stating that proposed (428 °F) as was suggested by several Alarms and Monitoring commenters. SOLAS is an established, § 143.245(a)(9) (now designated We redesignated proposed § 143.245 § 143.230(a)(6)) addressing low fuel internationally recognized set of rules as § 143.230. The Coast Guard received developed and ratified by maritime level alarms repeats proposed several comments suggesting that the § 143.275(d) and that one of the two nations worldwide, and the Coast Guard panel in the wheelhouse needs only to determined that this was the most sections should be removed. The Coast alarm and should not be required to Guard agrees, and removed proposed appropriate reference. identify the piece of equipment that has With respect to proposed § 143.275(d). tripped the alarm. The Coast Guard One commenter suggested removing § 143.235(d), one commenter suggested agrees that specifying the exact piece of the requirement for hydraulic level the Coast Guard change ‘‘materials’’ to equipment that is in an alarm condition alarms. ‘‘products.’’ The Coast Guard agrees that is not necessary in the wheelhouse. The Coast Guard disagrees. There is a the suggested change is necessary to Rather, a summary alarm in the need to monitor the hydraulic fluid in achieve uniformity between parts 142 wheelhouse is considered sufficient. We the steering hydraulic tank in the event and 143, and amended § 143.220(c) amended § 143.230 accordingly. The of leaks or pipe/hose rupture, because it accordingly. In the same section, one Coast Guard also received comments is essential for maneuvering. commenter suggested that the Coast concerning the intent of requiring With respect to proposed Guard include the amounts of alarms to function when primary power § 143.245(b)(3), the Coast Guard flammable and combustible materials is lost. We agree that it is impractical received several comments in favor of a that can be safely stored in machinery that alarms on existing vessels have a self-monitoring alarm system. spaces under this section. The Coast backup source of power in addition to The Coast Guard agrees that a self- Guard declines to do so because, under the primary power supply, because the monitoring alarm system is a practical the original proposed language, the primary concern on a loss of main alternative to manual testing of the limits would be determined by the size electrical power is restoring the main alarm system, and amended of the designated areas defined in power source. § 143.230(b)(2) accordingly. § 142.225 or the size of the flammable The Coast Guard received several The Coast Guard received several storage cabinet that satisfies UL 1275. In comments requesting whether certain comments suggesting deletion of the addition, because available storage areas alarms should signal high or low levels; requirement at proposed § 143.245(c) will be limited by prohibitions on the Coast Guard agrees that clarification that gauges be visible at the operating ignition sources in those areas, we is needed, and amended the section to station. The Coast Guard agrees that believe that operators will carry only the specify which alarm settings are based gauges are not required at the operating amounts of products necessary for the on high or low conditions. Several station, provided that there are alarms vessel mission. commenters suggested that the or a summary of alarms at each The Coast Guard received several requirement for a ‘‘main engine fuel oil operating station. We amended this comments recommending adding the pressure’’ alarm should be removed. section for clarification. language from proposed § 144.360(c) to One commenter indicated that requiring One commenter suggested that several proposed § 143.235, because it pertains fuel oil pressure alarms was provisions of the NPRM, including to machinery space fire prevention. The unnecessarily rigorous and would have gauges for engines at proposed Coast Guard declines to add the a disproportionate effect on small § 143.245(c), should not be required language to part 143 because the businesses. We agree that a wide range because they are not required of provisions of § 144.605 address this of diesel engine fuel pressures may be passenger vessels in subchapter T. topic for all towing vessels. acceptable depending on the The Coast Guard disagrees with the manufacturer, and that fuel oil pressure suggestion that that no gauges should be Control and Monitoring Requirements is not normally considered a mandatory provided, although we agree that We redesignated proposed § 143.240 parameter to be monitored; these levels subchapter T vessels and subchapter M as § 143.225. The Coast Guard received may be checked each watch. We vessels could have similar systems. The several comments requesting that we therefore removed proposed gauges required by proposed change ‘‘thrust’’ to ‘‘RPMs’’ in proposed § 143.245(a)(3) and (6) when drafting the § 143.245(c) are considered minimum paragraph (a). final version of § 143.230. requirements for monitoring engine

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performance. However, in the final rule, With respect to proposed § 143.260(b), lacks the casualty data to support a the number of gauges required has been the Coast Guard received several mandate for one particular standard. reduced to only those considered comments to amend parts of the table to Another commenter suggested that the essential to engine monitoring, and clarify that the intent is for a crew Coast Guard identify the basic colors which normally are provided by the change and not a watch or shift change. used to mark piping. manufacturer with all engine The Coast Guard agrees that testing the The Coast Guard declines to do so installations regardless of the vessel propulsion and steering controls is not because the international standard type. necessary with every shift change, and referenced in this section already With respect to paragraphs (c)(1) and amended the section to clarify that the identifies basic piping colors. (3) one commenter suggested that the test is only necessary prior to getting Fuel System Requirements Coast Guard add the engine RPMs to underway, but not more often than once these sections. The Coast Guard agrees every 24 hours. In the same section, one We redesignated proposed § 143.275 that the main engine(s) and auxiliary commenter suggested changing the as § 143.255. The Coast Guard received generator engines should be equipped required testing frequency of alarm several comments suggesting that the with RPM indicators, and amended the setpoints and pressure safety valves requirement at proposed § 143.275(c) to sections accordingly. from annually to every 2 years or longer. replace fuel filters be based more on ‘‘performance requirements’’ as opposed We deleted proposed paragraph (d) The Coast Guard agrees and has to manufacturer recommendations. The because summary alarms are already amended Table 143.245(b) to make Coast Guard partially agrees and allowed under revised § 143.230(b)(1), these requirements more consistent with amended the section, but considers so there is no need for a separate section similar requirements in subchapter F. manufacturer recommendations to be allowing this on excepted vessels. With Finally, one commenter suggested the based already in part on performance respect to proposed paragraph (d) one Coast Guard change ‘‘pressure vessel requirements, such as differential commenter suggested that the Coast safety valves’’ to ‘‘pressure vessel relief pressure and time in service. We also Guard add ‘‘crewmembers responding to valves.’’ The Coast Guard agrees that relief valve is the more common amended proposed § 143.275(a) to the alarm(s).’’ The Coast Guard agrees terminology and amended the section clarify that the term ‘‘be maintained’’ with the comment in that the proposed accordingly. used in the proposed rule means a text could have been more specific documented maintenance plan. We also regarding communications between System Isolation and Markings made nonsubstantive changes to crewmembers. However, proposed We have redesignated proposed proposed § 143.275(b) for brevity and paragraph (d) was applicable only to § 143.270 as § 143.250. The Coast Guard clarity. excepted vessels, and given the received a number of comments As previously discussed, we removed traditional size and service of excepted suggesting that ‘‘graywater lines need proposed § 143.275(d) in response to vessels, we ultimately determined that a not be fitted with isolation valves or comments stating it was duplicative of separate paragraph was not necessary. marked if all piping is contained inside proposed § 143.240(a)(9). We then General Alarms a fuel tank or void.’’ The Coast Guard added a new paragraph (d) that requires disagrees. It is not possible for ‘‘all the use of diesel fuel unless approval for We redesignated proposed § 143.250 piping’’ to be contained in a tank, and another fuel is obtained pursuant to as § 143.235. One commenter suggested it is important for the piping system to § 143.210 or § 143.520. We did this that the Coast Guard clarify the be identified. However, the intent of the because diesel fuel is considered the applicability of this section. That requirement is for crew members to be standard for marine fuels, and the use commenter also recommended requiring able to identify piping systems used in of more volatile fuels such as liquefied the public address system on towing normal, everyday operations, and natural gas or propane requires approval vessels be equipped with ‘‘talk-back’’ therefore it is not essential that systems by the MSC. capability. in normally inaccessible spaces be The Coast Guard has modified the identified. Fuel Shutoff Requirements applicability section to be clearer, and One commenter suggested that the We redesignated proposed § 143.280 has made similar clarifying changes to Coast Guard add a new paragraph (e) to as § 143.260. The Coast Guard received § 143.240(a). As for adding a proposed § 143.270 to cover sanitary a comment suggesting that we define requirement for ‘‘talk-back’’ capability, discharges, and add ‘‘Except as ‘‘near the source of supply’’ as used in we disagree. This capability is not provided in paragraph (e) of this proposed § 143.280(c). The Coast Guard required on any commercial vessel and section’’ to the beginning of this section. agrees with this commenter. To clarify would be unnecessary for the usual The Coast Guard declines to do so the section, we drafted § 143.260(c) to purposes of a public address system. because the requirements in this section require that the valve be installed in the Readiness and Testing would apply to any system piping fuel piping directly outside of the fuel penetrating the hull beneath the oil supply tank. We also received a We redesignated proposed § 143.260 waterline. However, variations could be comment suggesting that the use of extra as § 143.245 and, as described earlier in accommodated through the provision heavy piping should be explicitly this preamble, removed the functional for alternate design approvals that has allowed as an alternative to situating the and prescriptive designators in favor of already been discussed in this preamble. valve near the source. a unified section on alternatives at the With regard to proposed § 143.270(e), The Coast Guard disagrees. While beginning of the part. One commenter one commenter stated that the use of such arrangements may be acceptable suggested that the Coast Guard remove ‘‘either’’ ISO Standard 14276 or marking with proper piping materials or other ‘‘(if available)’’ from proposed in accordance with the TSMS applicable design choices, locating the valve § 143.260(a). to the vessel would lead to a lack of directly after the fuel supply source is The Coast Guard agrees that uniformity between towing vessels and the most effective way to stop a leak. manufacturer’s instructions are is counterproductive. The Coast Guard The Coast Guard received one normally available, and removed the agrees that one standard for industry comment suggesting that we remove the phrase ‘‘if available.’’ color-coding of piping is preferred, but words ‘‘outside the space where the

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valve is installed’’ from proposed pressure and fire testing. The rule also The Coast Guard received several § 143.280(d) and instead specifically addresses the containment concern by comments suggesting that proposed require that the valve be located on the requiring that gaskets and seals be § 143.300(b) be clarified with regard to weather deck. maintained, and bilges kept free of examination requirements. The Coast The Coast Guard disagrees because a accumulated oil. Guard agrees and amended paragraph safe place outside the machinery may (b) so that pressure vessels are not always be located on the weather Bilge Pumps or Other Dewatering externally examined annually, along deck. Capability with relief valve testing twice every 5 The Coast Guard also received one We redesignated proposed § 143.295 years. These changes make inspection comment stating, in part, that the as § 143.275. The Coast Guard received requirements for pressure vessels and ‘‘requirement for remote shutdown of several comments suggesting relief valves more consistent with the each engine outside the machinery ‘‘prescriptive’’ regulations, such as those inspection requirements in subchapter F space is unworkable’’ and suggesting the for larger ships in 46 CFR 56.50, be for pressure vessels on larger ships. requirement should be removed. applied to proposed § 143.295. The Because of these changes we added a The Coast Guard does not agree: The Coast Guard decided not to impose a new paragraph (c) to require the remote shutdown outside the machinery prescriptive requirement for bilge maximum allowable working pressure space is necessary in the event that the pumping systems in this regulation be indicated on all pressure vessels. engine space is not accessible due to because of the extremely large number The Coast Guard received a question fire. of different configurations possible for concerning the pressure vessel Additional Fuel System Requirements towing vessels. A commenter said that requirements of proposed §§ 143.300 for Towing Vessels Built After January proposed § 143.295 was not specific and 143.540: ‘‘Could a towing vessel 18, 2000 enough with regard to dewatering also meet the requirements of 46 CFR capability, noting that potentially 61.10 in lieu of the ABS Rules as We redesignated proposed § 143.285 prescribed in 143.540?’’ The Coast as § 143.265. With respect to proposed ineffective dewatering methods such as ‘‘buckets’’ could be acceptable under the Guard agrees that compliance with 46 § 143.285(b), the Coast Guard received CFR 61.10 is acceptable and equivalent several comments requesting proposed text. We agree and have amended the section to emphasize that to (or exceeds) the requirements in this clarification on the proposed regulations rule. However, § 61.10 generally is regarding ‘‘portable bilge pumps.’’ A an installed or portable bilge pump must be available. applicable to large ships and the Coast ‘‘portable bilge pump’’ as specified in Guard does not require towing vessels to One commenter suggested that only paragraph (b) is a dewatering pump. We meet subchapter F engineering ‘‘installed’’ (not portable) bilge piping received a comment suggesting that the requirements. proposed rule would limit an operator’s should be required to have a check/foot ability to dewater a damaged tow. We valve to prevent unintended flooding. Electrical Systems disagree. The regulation allows for The Coast Guard agrees because a We redesignated proposed § 143.305 proper stowage and use of portable permanently installed, power-operated as § 143.400. The Coast Guard received tanks or cans for portable bilge pumps. bilge pump is not the equivalent of a several comments suggesting the Coast The rules for the barge itself are beyond portable pump. We amended the text Guard remove the requirement at the scope of this rulemaking, but accordingly, as the use of a portable proposed § 143.305(d) that switchboards ‘‘portability’’ of fuel is allowed in the pump implies constant operator and distribution panels be labeled with circumstances specified by this section. monitoring, which would normally a description of the loads they serve. If an operator is safely able to reach a prevent improper flow (backflooding). The Coast Guard partially disagrees. For towed unit, there is no prohibition on Pressure Vessels on Existing Vessels proper circuit identification during using portable equipment to dewater or operations and maintenance, labels fight a fire on that unit. With respect to proposed § 143.300, must be provided for the equipment The Coast Guard received a comment the Coast Guard received several served. However, the Coast Guard has suggesting that the proposed regulations comments suggesting the application of removed the requirement that did not consider a ‘‘closed loop’’ existing pressure vessel requirements in equipment be marked with the location ventilation system option for venting. 46 CFR subchapter F and the ASME of the isolating switch of circuit breaker, The Coast Guard does not agree with Code. Although these are certainly because the panel should indicate that this characterization of the proposed acceptable for pressure vessel information. rule, because proposed § 142.285(c)(1), installations on all vessels, the Coast The Coast Guard received several now designated § 143.265(c), allows Guard does not have casualty data to comments on proposed § 143.305(i) tank vents to be combined, as long as support the mandatory use of the expressing confusion on the use of male there is ultimately a vent to the outside. rigorous requirements of subchapter F receptacle outlets when transmitting We received a comment suggesting by existing towing vessels. Similarly, power between two receptacles. The revisions to the required size of the vent one commenter suggested the requested changes were in line with the piping. We partially agree, and the incorporation of the ASME Code Coast Guard’s original intent, but we paragraph (c) has been amended for Section IV for heating boilers. The Coast decided the clearest revision would be clarity on this issue. Guard agrees that the ASME Code is a to remove the provision about male One commenter expressed concern preferable design standard for heating outlets. As long as the plugs, cables, and with the use of flexible fuel lines, noting boilers, and considers it acceptable for receptacles are compatible and designed that the use of flexible hose in the power or heating boilers on any vessel. for the power to be transmitted, industry was ‘‘rampant,’’ and also However, the Coast Guard has no specifying a particular configuration is suggested requiring containment significant reportable casualty data with not necessary. systems beneath oil purification a root cause of boiler or pressure vessel equipment. This rule allows for flexible design that justifies the increased cost of Shipboard Lighting hose that meets certain incorporated requiring all towing vessels to use the We redesignated proposed § 143.310 standards, meaning the hose has passed ASME Code for towing vessel boilers. as § 143.410. One commenter argued

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that the requirement for emergency vessels. We proposed this requirement Robert Y Love incident, had the pilot lighting in proposed § 143.310 would be in response to the NTSB report on the become incapacitated 1 minute before prohibitively expensive for small Robert Y Love allision with the I–40 the alarm was scheduled to sound, it is businesses and is neither necessary nor Bridge, as well as eight incidents where possible another crew member could of any value on smaller towing vessels the operator died while navigating the have made it to the pilothouse and where the crew typically knows the vessel and other cases that indicated averted the allision. As a reference vessel intimately. probable incapacitation of the operator. point, we note that SOLAS requirements The Coast Guard disagrees. With The Coast Guard received comments for larger vessels (MSC.128(75)) require respect to the cost, there are three supporting and opposing the inclusion a bridge watchstander alarm with an different options for compliance, some of the deferred requirements proposed elapsed time between resets of 3–12 as inexpensive as phosphorescent in § 143.325. minutes. lighting strips. With respect to the After considering public comments, We received a comment stating that utility this requirement in § 143.410 for as well as the traditional service and ‘‘fans with paper streamers effectively internal crew working and living areas, limited manning of towing vessels 65 fool motion detector systems.’’ The we consider this lighting essential— feet or less in length, we determined Coast Guard notes that a motion even on smaller vessels—to facilitate that a pilothouse alerter system is not detector-type system is but one of many egress in emergency situations when necessary for towing vessels 65 feet or options to comply with the alerter normal lighting is not working and less and have eliminated the alerter requirement. An attempt to interfere dense smoke may be present. requirement for this category of vessels. with any system installed to meet the The Coast Guard received several This is accomplished in § 143.450(e). requirements of § 143.450 would be comments asking whether berthing We received a comment suggesting investigated. And as stated in spaces were required to have emergency the alerter could become a distraction § 140.1000, there are statutory penalties lighting under proposed § 143.310(a). for harbor assist vessels. We disagree, for violating the provisions of this Specific berthing spaces are not because a compliant system could be set subchapter. required to have emergency lights. up to reset, for instance, each time the The Coast Guard received several However, in the event of power loss throttle or steering was changed. We comments suggesting that a second, there must be sufficient illumination in also received comments that the alerter adequately rested crewmember should living areas to enable personnel egress should not be required when a vessel be required in the pilothouse at all from the living space. One commenter had overnight accommodations but times, as well as comments suggesting a suggested adding a requirement for one those accommodations were not in use. second crewmember is an unnecessary flashlight per bunk. The suggestion is a We decline to make a regulatory expense. The Coast Guard partially good practice for mariners but the Coast exception for this scenario, but this agrees with both comments. A second Guard declines to make it mandatory. subchapter allows the OCMI the adequately rested crewmember in the With respect to proposed discretion to waive certain requirements pilothouse of a towing vessel, while not § 143.310(b)(2), the Coast Guard on a case-by-case basis when required by this section, is an acceptable received several comments suggesting appropriate. alternative to the pilothouse alerter we lower the required automatic We received a comment suggesting system as stated in § 143.450(d). We battery-operated emergency lighting that requirements for systems such as chose not to require that a second capability from 3 hours to 30 minutes. pilothouse alerters should be crewmember be in the pilothouse The Coast Guard partially agrees with performance-based, and flexible with because, in light of the thousands of these comments, and has modified the regard to rapid developments in vessels of all sizes that safely operate requirement in § 143.410(b)(1) to 2 technology. The Coast Guard agrees. We with a single crew member on the hours, consistent with subchapter T. have not specified a particular design bridge or operating station, depending The requirement of 2 hours will ensure for an alerter system, only that such on maneuvering circumstances, we the availability of battery-powered lights system must meet certain performance could not justify the significant cost of when needed, along with ample battery requirements with regard to time limits requiring an additional watchstander on capacity. Emergencies that require and adjustability of the alarm time to all towing vessels. However, under 46 egress from a space, such as a living suit the vessel mission. U.S.C. 8104 and 46 CFR 15.705, it space, do not necessarily mean With respect to proposed remains the master’s responsibility to abandoning the vessel: The crew may § 143.325(a)(3), imposing a 10-minute provide an adequate watch. need to assemble on deck to fight a fire maximum acknowledgment time for the The Coast Guard received a comment or flooding, or restart the main electrical alerter, the Coast Guard received several requesting clarification of the pilothouse plant. We confirmed that, for the second comments suggesting that the alerter requirements for vessels with option, phosphorescent strips are acknowledgment time for the pilothouse more than one operating station. available that provide illumination for alerted should be less than 10 minutes. Because the alerter is required to detect more than 2 hours. The Coast Guard partially agrees. New incapacitation of the vessel pilot, the In addition, the Coast Guard removed paragraph (b) of § 143.450 provides that system must be arranged to alarm at proposed § 143.310(b)(1) because it was the time may be reduced by the owner each operating station. There may be redundant with a related subparagraph or managing operator in the TSMS but various system configurations that meet in proposed § 143.340(b)(9). must not be in excess of 10 minutes. We the intent of this requirement. received a comment suggesting that the Pilothouse Alerter System Robert Y Love incident would not have Towing Machinery The pilothouse alerter requirements been prevented by an alerter set at 10 The towing machinery requirements are now located in § 143.450. In the minutes. We acknowledge that it is are now located at § 143.460 and apply NPRM, we proposed a pilothouse alerter possible that an alerter set at 10 minutes to all vessels, with a deferred system requirement for all vessels (see may not have prevented the incident. It compliance date for existing vessels. In proposed § 143.210, as well as is also possible that an operator could connection with proposed § 143.330(b) §§ 143.325, 143.515, and 143.520), with become incapacitated at any time within the Coast Guard received several a deferred compliance date for existing a 10-minute alerter reset period. In the comments requesting an example of an

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acceptable safeguard against the towing The TSAC Towing Vessel Inspection were not appropriate for existing machinery becoming disabled if the tow Working Group report (TSAC 2005) and vessels, we removed these requirements gets out of line. The Coast Guard agrees, a report by the Coast Guard Allision from existing vessels and relocated the and added an example of a common Working Group (BAWG 2003). These provisions to subpart C on new towing safeguard to this section. We also risk analyses support characterizing the vessels. Comments pertaining to the received a comment suggesting that the proposed requirements as risk-based. substance of those standards are ‘‘winch slippage alarm’’ sound in the However, several comments asserted discussed later in this preamble. pilothouse. The Coast Guard agrees such that the functional requirements in Subpart C, ‘‘Requirements for New an alarm would be beneficial to proposed subpart B, ‘‘Requirements for Towing Vessels’’ operations, but we do not have the All Towing Vessels,’’ are sufficient for casualty data to support the mandate of all existing towing vessels. These Because of the organizational changes such a system. commenters recommended the removal discussed earlier in this preamble, of proposed subpart C, ‘‘Deferred proposed subpart E for new towing Deferred Requirements for Existing Requirements for Existing Towing vessels is now designated subpart C. We Vessels (Proposed Subpart C) Vessels.’’ Further, the Coast Guard revised the applicability section in line As discussed earlier in this preamble, believes that many existing towing with the organizational changes we removed proposed subpart C. We vessels were originally built to described in our discussion of subpart relocated to subpart B the requirements acceptable national or marine standards. A, and made nonsubstantive editorial for pilothouse alerter systems and Those would already be in substantial changes. We also removed proposed towing machinery, and retained the compliance with many of the § 143.505, as its content is now covered deferred compliance date for existing requirements of subpart B of part 143 of by the applicability section at § 143.500. vessels: These requirements are the final rule. In § 143.510, we replaced the phrase discussed earlier in this preamble. We The machinery and electrical ‘‘plan approval’’ with the more accurate removed proposed § 143.335 on remote requirements in subpart B will provide language ‘‘verification of compliance shutdowns because a similar effect is the owners or managing operators of with design standards.’’ We removed accomplished through proposed existing towing vessels with the § 143.530 as unnecessary in light of § 143.280 (now § 143.260) on fuel oil standards that existing equipment and other revisions to the part. shutoff, and because remote fuel shutoff installations must meet or should have The ‘‘classification option’’ has is already required by 46 CFR met during the construction of towing changed little between the NPRM and subchapter C. vessels. Third-party inspections and the final rule. For a new towing vessel, The remaining deferred provisions of eventual certification of electrical and the same three options apply in the final proposed subpart C—§§ 143.340 machinery systems of existing towing rule as in the proposed rule: New through 143.360 on specific electrical vessels that are in marginal condition or vessels may be built to recognized arrangements for existing towing poorly maintained may require some classification society standards vessels—have been moved to subpart C upgrades but may not necessarily need (§ 143.515); to ABYC standards for new vessels. They do not apply to extensive modifications of the vessel’s (§ 143.520) for smaller towing vessels; or existing vessels. We made this change in systems. Commenters provided to neither standard, but instead be response to comments indicating these estimates of the cost of extensive subject to the requirements set out in provisions were not appropriate for retrofits to existing vessels in the range subparts B and C of part 143. As an existing vessels. Specifically, the Coast of $75,000 to $300,000 per vessel, alternative to complying with the Guard received many comments considerably higher than the cost electrical system requirements that are recommending the deletion of the estimated in the NPRM Regulatory now listed in subpart C, the vessel may prescriptive requirements in proposed Analysis ($5,000 to $20,000 per instead comply with certain ABS rules §§ 143.340 through 143.360. individual requirement). Further, as set out in § 143.580; this alternative Commenters characterized the proposed comments indicated that the need for is substantively the same as was requirements as burdensome, costly, retrofits to comply with the regulatory proposed in the NPRM. requiring extensive modifications, and requirements in proposed §§ 143.340– As was the case in proposed not justified by risk. 143.360 would impact more than the § 143.515, even vessels built to ABS The Coast Guard does not agree that generally less than 5 percent of vessels rules or classed by ABS must comply the proposed requirements were per requirement estimated in the NPRM with specific provisions of part 143. In unjustified. Part 143 was developed in Regulatory Analysis. The net result in this final rule, those provisions are the response to the recommendations in total costs could exceed $300 million requirements for vessels that move tank Sections 6.1 and 6.2 of the ABSG (10-year, undiscounted). For these barges carrying oil or hazardous Consulting report, which were based on reasons, the requirements in proposed material in bulk (§§ 143.585 through the risk analysis results in Section 4.3 §§ 143.340–143.360 that were proposed 143.595), the readiness and testing of the report. See Uninspected Towing to apply to all towing vessels will now requirements of § 143.245, and the Vessel Industry Analysis Project Final apply only to newly built towing pilothouse alerter requirements of Report, issued August 2006 and vessels, which includes vessels § 143.450. The readiness and testing prepared by ABSG Consulting Inc., and undergoing a major conversion. requirements of § 143.245 help verify Section III.C of the NPRM (76 FR Comments pertaining to the substance proper in-service operation and safety of 49978). An industry analysis project of those standards are discussed later in main and emergency systems, above and team performed a detailed analysis of this preamble. beyond the initial design requirements the towing industry data from a number of part 143. As discussed above, the of data sources, such as MISLE and site Requirements for Oil or Hazardous proposed potable water requirements visits. The team also used industry data Material in Bulk (Proposed Subpart D) have been removed, but they remain a provided by AWO as part of the Coast The proposed rule included deferred health and safety requirement under Guard-AWO Safety Partnership. Two requirements for vessels that tow oil or § 140.510(a)(14). Also, in this final rule previous examinations of towing vessel hazardous material in bulk. In response we created flexibility by providing for accident studies were also considered: to comments indicating these provisions approval of towing vessels built to

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recognized classification society rules installation and maintenance accounted proposed § 143.340 be clarified so that other than ABS’s. for 8 percent (226) of the deficiencies. a backup generator could be used as a Section 143.520(a) remains This 8 percent deficiency rate highlights secondary power source. The Coast substantially as proposed, but paragraph the need to establish more specific Guard agrees, and amended the text in (b) has been revised to remove several standards for electrical installations on paragraph (a)(3) to better explain the requirements. New towing vessels of 65 towing vessels. The current regulations requirements for backup power source. feet or less in length that are built to the in subchapter C for electrical We also received a comment ABYC standards listed in paragraph (a) installations on uninspected vessels are suggesting the proposed § 143.340 may need only comply with the readiness minimal and not adequate for towing be interpreted as requiring duplicate and testing requirements of § 143.245, vessels. In addition, the incremental essential systems such as radar or and with the requirements for vessels cost to incorporate the new standards emergency lighting. We did not intend that move tank barges carrying oil or into the design and construction of a the original language to be read that hazardous material in bulk (§§ 143.585 new vessel are low in comparison of the way, and have amended the through 143.595) if applicable. Other total construction costs of the vessel and corresponding section of the final rule requirements have been removed for the potential reduction in risk of fire. to clarify that emergency these vessels, including the pilothouse Several commenters provided cost communications and navigation alerter requirements. estimates to retrofit an existing vessel to equipment must be provided with a comply with the proposed requirements backup power source. Pressure Vessels on New Vessels in §§ 143.340–143.360 that range from We received a comment stating that We redesignated § 143.540 as $75,000 to $300,000. These estimates the electrical load analysis requirements § 143.545. With respect to proposed are higher than the cost estimated by of proposed § 143.340 were ‘‘excessive § 143.540(b), the Coast Guard received Coast Guard in the NPRM Regulatory and unnecessary’’. Although the Coast several comments requesting alternate Analysis (which ranged from $5,000 to Guard believes that a load analysis is standards to the ABS rule referenced for $20,000 per requirement ($60,000 per required for nearly all vessels with pressure vessels. While the ABS rules vessel if all of the requirements are generators, we presume that load referenced are an industry standard for incurred). The comments also indicated analysis has already been done for pressure vessels, the Coast Guard may that far more vessels would require the existing vessels and is therefore determine other design standards, such retrofits than was estimated in the applicable only to new towing vessels. as the ASME Boiler and Pressure Vessel NPRM Regulatory Analysis. The NPRM This change is reflected in this final Code, to be equivalent as described in estimated annualized costs of part 143 rule. We also simplified the analysis § 143.210. Therefore, we made no at $3.2 million and the benefits at $5.7 requirement by removing proposed changes to this paragraph in response to million. If the high end of the costs per paragraph (b)(2). this comment. vessel of $300,000 were used, the The Coast Guard received several comments suggesting we include the Electrical Engineering Systems annualized costs could as much as triple. Increasing the affected specific NEC reference in article 430 in Several comments also recommended population for the retrofits as per the this section. The Coast Guard agrees and the proposed prescriptive requirements comment would increase the costs even amended the section by specifying that in proposed §§ 143.340–143.360 should more. Given the new information on the Parts I through VII of article 430 are not apply to new towing vessels. The potential range of costs and affected required. These Parts of Article 430 Coast Guard does not agree. The population, the Coast Guard has further define the scope of motor proposed requirements of these sections determined that the benefits of the overcurrent protections required. We are based on the present acceptable NPRM’s proposed deferred also received comments suggesting that national or marine electrical engineering requirements for existing vessels will the proposed requirements in § 143.340 standards. As explained in Section IV of not outweigh the costs. Given the will require ‘‘complete rewiring’’ of the preamble to the proposed rule, the potential cost burden of retrofitting inland towing vessels. This comment is Coast Guard developed part 143 after existing vessels, the baseline electrical addressed by our decision to apply considering the reports provided by requirements for existing towing vessels these requirements only to new vessels. ABSG Consulting and TSAC, which in the final rule, coupled with a robust The Coast Guard received several were generated from marine casualty inspection regime, will establish an comments suggesting we lower the cases and risks. Also, as stated in the adequate safety environment for towing ambient temperature rating at paragraph preamble to the proposed rule, the Coast vessels. (b)(7) of this section from 50 °C to 40 °C, Guard conducted its own in-depth The electrical requirements in this similar to ABS rules. The Coast Guard analysis of the cases reviewed for the final rule will provide the owners or partially agrees. The Coast Guard ABSG report, along with deficiency managing operators the design and amended the section so that the reports from examinations of towing engineering standards for equipment generator does not need to be certified vessels during compliance exams and installations for new construction. to operate in an ambient temperature of conducted pursuant to 33 CFR part 104 The prescribed electrical power and 50 °C if it can be shown that the space as part of the implementation of the distribution system designs are based on the generator is in does not exceed 40 Maritime Transportation Security Act of proven electrical recommendations, °C. This reduction in minimum ambient 2002 (MTSA) (46 U.S.C. Chapter 701). practices, and consensus-based temperature rating reflects an These reports provided evidence that standards. established normal ambient temperature substandard machinery installation and allowance, even for large vessels maintenance is a concern on towing Electrical Power Sources, Generators, currently regulated by the Coast Guard. vessels. For example, from January 2006 and Motors With respect to proposed through August 2008, the Coast Guard We redesignated proposed § 143.340 § 143.340(b)(9) (now designated conducted 768 of these MTSA as § 143.555, and made nonsubstantive § 143.555(b)(8)) the Coast Guard compliance examinations of towing changes to simplify and shorten the received several comments suggesting vessels and issued 2,949 deficiencies. section. The Coast Guard received clarification on what the Coast Guard Electrical deficiencies involving several comments suggesting that meant by ‘‘two independent sources of

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electricity’’ in this section. To clarify, We received a comment suggesting We received a comment suggesting the prescriptive requirement in what is that ‘‘essential systems’’ be defined to the use of a performance standard rather now paragraph (b)(8) requires a avoid confusion in the inspection than a specific cable hanging method. minimum of two sources of power. For process. The Coast Guard agrees, and The Coast Guard partially agrees with example, if a generator provides the notes that a proposed definition of the concern, but could not find an normal source of power for navigation essential system was included in acceptable performance standard, so we lights, there must be another generator proposed § 136.110. However, we have have amended the section to allow a 48- or a battery bank arranged as a amended the requirements of § 143.555 inch spacing, rather than the proposed secondary power source. One of the final rule to provide clarity on 24 inches, to be consistent with commenter suggested adding the word this issue. recognized electrical-contracting ‘‘essential’’ to paragraph (b)(8) this standards. Electrical Grounding and Ground In paragraph (a)(3) of that section, one section. The Coast Guard agrees, and Detection has modified the text accordingly. We commenter suggested that wiring be have also amended the section to We redesignated § 143.355 as allowed within 24 inches of moving specify the radios and navigation § 143.570. With regard to proposed machinery if the wiring is protected. equipment required in §§ 140.715 and § 143.355 the Coast Guard received The Coast Guard agrees, and amended 140.725. This change is in line with several comments stating that most this section to be applicable to cable and other comments suggesting that we towing vessels are ungrounded, and that wire runs. We also clarified that cable include the distress alerting the section should specifically adopt the and wire runs within 24 inches of communications equipment listed in ground detection requirements of 46 moving machinery must be adequately §§ 140.715 and 140.725. These CFR 183.378. Proposed § 143.355 did protected to prevent damage, and added comments also suggested that the not prohibit the use of ungrounded text to clarify what ‘‘moveable backup power source for the distress systems. The Coast Guard recognizes machinery’’ means. alerting communication equipment have that towing vessels can have either In paragraph (b), one commenter a means of monitoring the voltage grounded or ungrounded electrical suggested replacing the phrase ‘‘may available, and the source of supply distribution systems. We agree with the not’’ with ‘‘must not’’; the Coast Guard selected either by an automatic comment, however, and therefore added agrees that this language is clearer. This switchover or a simple switch in the detection requirements similar to 46 requirement is consistent with the vicinity of the emergency distress CFR 183.378. This requirement applies permitted use of flexible cords or alerting communications equipment. only to new towing vessels, and the extension cords in Section 400.7 of the The Coast Guard agrees that distress requirements are based on vessels National Electrical Code (NEC), and alerting equipment should be added to regulated under subchapter T, which Section 24.6.1 of IEEE 45–2002. In paragraph (c), the Coast Guard this section, and also that a means must have similar electrical systems. While received several comments stating that be provided to monitor the battery revising this section, we modified this section prohibits the use of power condition, and amended the section paragraph (e) to consolidate paragraphs strips. The intent of this section is not accordingly. (e)(1) and (3). The Coast Guard also received several to prohibit the use of multi-outlet We received a comment suggesting comments stating that this section does adapters (power strips), but to prevent that, if a battery were to serve as the not allow the use of common two-prong ‘‘daisy-chaining’’ of power strips, which required secondary power source, it appliances less than 50 volts or two- may overload the circuit. We have would need to be unnecessarily prong double-insulated tools. The Coast amended this section to clarify the oversized for the loads specified. We Guard considers the use of two-prong requirement to prevent circuit overload mostly disagree; there is no requirement double-insulated tools to be an when using power strips. that the secondary power source be a acceptable industry practice, and Towing Vessels That Tow Oil or battery (e.g., the secondary source could amended the section to allow the use of Hazardous Material in Bulk be a generator). The electrical loads double-insulated tools, or two-prong specified in this section are not appliances of less than 50 volts. Because of the reorganization necessarily large consumers, and any discussed earlier, a separate subpart for battery sized for these loads needs to be Electrical Conductors, Connections, and towing vessels that tow oil or hazardous sized proportionally, not oversized. Equipment material is no longer required. Proposed Also, this requirement in proposed We redesignated proposed § 143.360 §§ 143.405 through 143.435 have been § 143.340 has been amended to apply as § 143.575. As discussed elsewhere in incorporated into the final rule’s subpart only to new towing vessels. this preamble, we received comments C for new vessels. The requirements of However, we agree with the stating that existing vessel compliance proposed subpart D will not apply to commenter that some alarms may not with this section and other electrical existing towing vessels. This change require a secondary power source, and sections in the NPRM would involve responds to many comments arguing have amended this section to be specific substantial costs and retrofitting. The that proposed subpart D should not as to which alarms require secondary bulk of these comments are addressed apply to existing vessels. power. by making these electrical requirements Commenters who opposed the We received comments suggesting applicable only to new vessels. application of proposed subpart D to removal of the requirement in proposed With respect to proposed § 143.360, existing vessels argued that the § 143.350 to separate overcurrent the Coast Guard received several proposed requirements were not based protection for essential and non- comments suggesting we clarify on risk; would require unjustified or essential systems. We disagree, because paragraph (a)(2) with respect to wholesale retrofitting; would cause the intention is to prevent opening the overhead wiring. The Coast Guard severe economic penalty, circuit on essential loads because of a agrees, and amended the section to disproportionate financial hardship for fault in a non-essential system. This specify that this requirement is small towing companies, and might requirement has been amended to apply applicable to overhead and vertical eliminate certain classes of towing only to new towing vessels. cable runs supported by cable hangers. vessels. Also, several comments asserted

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that the Coast Guard ignored the decline §§ 143.585, 143.590, and 143.595) a traditional towboat. Although the in the frequency and amount of oil regarding the installation of a second Coast Guard agrees that a bow steering spills from tank barges over the last main engine. The intention of the module may be considered equivalent to twenty years. Other comments proposed rule was to require the requirements of an alternate means mentioned that the proposed redundancy of necessary auxiliaries, of propulsion and/or steering, this type requirements in subpart D will have allowing a sustained or restored of arrangement would need to be little impact on the prevention of oil propulsion capability of the towing determined in particular cases by the spills in the tank barge sector because, vessel—not to require redundant OCMI or the Commandant for as noted by TSAC, ‘‘Current industry engines. The proposed requirements did equivalency. best practices have produced a dramatic not prohibit a towing vessel with single With respect to proposed § 143.405 reduction in oil spills from tank barges propulsor, but only placed requirements (now § 143.585), one commenter asked over the last decade and a half, with a for support equipment (auxiliaries) on whether paragraph (k) requires record low 919 gallons spilled (out of vessels with one propulsor. The automatic starting of a standby generator nearly 65 billion gallons transported) in requirements differentiate between or if the loads referenced should be on 2010, the last year for which complete independent and/or redundant control battery backup. The Coast Guard agrees Coast Guard statistics are available.’’ systems and the propulsion systems that the proposed section was unclear Also, industry comments mentioned under remote control. For example, on and amended the section by specifying that the preamble cites S. 1892, a bill a vessel with two propulsion engines, a second source of supply that is introduced into the 110th Congress, as the proposed rule requires the remote capable of automatically starting, and of a reason for including the proposed control of one engine to be independent helping to restore or maintain power to subpart D in part 143, and note that this of the remote control of the other propulsion, steering and related controls bill never became law. engine. For risk reduction, the proposed when the main power source fails. This We proposed subpart D based on the requirements would ensure that when requirement will provide continued or statistics from the ABSG report, which one engine remote control fails, remote restored operation of a towing vessel included high and low consequence control of the other engine would that moves tank barges carrying oil and incidents. Given the casualty history remain operable. We have also modified hazardous material in bulk, even if the presented in the ABSG report, the Coast what is now § 143.595 for vessels with primary systems fail. One commenter Guard determined that the proposed one propulsor, to clarify which was confused about what the Coast requirements could reduce the ongoing equipment is considered a vital Guard meant by ‘‘stored energy’’ in risk of oil spills and the resulting auxiliary, and eliminated the paragraph (l). The Coast Guard clarified consequences. Data on oil spills through requirement that this equipment this section by providing examples of 2014 shows a continual pattern of a few ‘‘automatically’’ assume the function of ‘‘stored energy systems’’ that are major spills contributing to the majority the failed unit. Although it is acceptable generally used onboard towing vessels. of the volume spilled each year. Even for vessels to have equipment that We also simplified this section by though a recent TSAC report notes a automatically starts when other removing paragraph (l)(2) as not dramatic reduction in oil spills from equipment fails, it is not absolutely necessary for towing vessels. tank barges over the last decade and a necessary, and in fact it may be With respect to proposed § 143.420 half, the casualty data through 2014 preferred for crew members to visually (now § 143.595), we added a clarifying indicates that minimum safety assess a failure or impending failure of description of ‘‘vital auxiliaries’’ in standards for engineering system design, the primary equipment before deciding paragraph (a). coupled with a robust inspection to manually start the redundant One commenter asked if proposed regime, would maintain or even further equipment. paragraph (d)(2) required two hydraulic reduce the risk of spills. In proposed § 143.405 (now tanks for steering. In response to the Several commenters provided § 143.585), one commenter suggested commenter, an acceptable arrangement information on the cost to retrofit preventative maintenance schedules would consist of two independent existing vessels to comply with the and additional required training in lieu hydraulic tanks, or one hydraulic tank Subpart D requirements. The estimates of some of the requirements in this separated by a solid baffle, which is range for all of the deferred section. The Coast Guard disagrees. considered equivalent to two tanks. requirements from $75,000 to $300,000 While an attentive operator may notice However, the Coast Guard has per vessel, higher than the Coast Guard problems before the associated alarms determined that the steering system estimates in the NPRM Regulatory and redundancy requirements are requirements of § 143.550 are sufficient, Analysis. Existing vessels are already triggered, the alarms (with appropriate that the requirements of § 143.595 are designed and constructed, so requiring delays) are required as a means to alert intended only for vital auxiliaries for a complete replacement of some vital the operator. We received a comment propulsion, and so we have eliminated engineering systems is neither practical suggesting separation of the propulsion the steering system paragraphs from this nor justified by the safety benefit and steering requirements in this section. Also, the fuel system achieved. section. The Coast Guard acknowledges requirements of proposed § 143.420(c) In light of the new information on the that propulsion and steering are two were redundant to current § 143.265, so costs for retrofitting existing vessels, the separate and vital systems, but the we removed that paragraph. requirements of the proposed §§ 143.340 requirements for alternate arrangements We received a comment suggesting through 143.435 have been removed for and independence for these systems as elimination of proposed redundancies existing vessels. The requirements are specified apply to both propulsion and in systems for vessels towing oil or retained in the final rule for new towing steering. Additional propulsion hazardous material, and leaving those vessels, as there is a smaller incremental requirements are also specified in types of decisions for a case by case cost to incorporate the design features in §§ 143.590 and 143.595. determination in the vessel’s TSMS. We a new vessel. We also received a comment disagree, because it is important for Several commenters misinterpreted suggesting the use of a ‘‘bow steering vessels with one propulsor to have the proposed requirements in proposed module,’’ which is essentially an assist redundancies in the vital auxiliaries— §§ 143.405, 143.410, and 143.420 (now vessel attached to a barge propelled by such as fuel, lube oil, and cooling

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water—supporting the engine. However, A majority of the requirements are stability and other vessel characteristics this section has been amended to apply either the same or very similar to related directly to safety. We have done only to new towing vessels. requirements contained in the so in this final rule in our redesignated We received a comment suggesting Construction and Arrangement part in verification of compliance section, ‘‘grandfathering’’ proposed deferred subchapter T, Small Passenger Vessels § 144.135. requirements because of prohibitive (46 CFR part 177). We aligned part 144 With respect to the request to clarify costs, and have addressed this comment with the organization, and subpart and the terms ‘‘major conversion or by applying these requirements to new section titles, of part 177. This alteration’’ and ‘‘replacement in kind’’ vessels only. Another commenter organizational choice also better reflects in proposed § 144.220(a) and (b), in requested clarification of ‘‘independent’’ the relatively large number of part 144 § 136.110 we have clarified our as opposed to ‘‘redundant.’’ Those terms requirements that apply to both existing proposed definition of ‘‘major have distinct meanings, but we agree and new vessels, and the relatively conversion’’ and added a definition of that the proposed text could be clearer, small number that apply to new vessels ‘‘replacement in kind.’’ We note that and have amended §§ 143.115, 143.590, only. As a result of these changes, we § 144.135 uses the phrase ‘‘major and 143.595 to define and use the term use the term ‘‘vessel’’ when discussing conversion or alteration’’: Although ‘‘independent.’’ In this subpart, requirements that apply to both new ‘‘alteration’’ is not defined in this rule, ‘‘independent’’ means the ability to and existing vessels, and use the we use the term as it currently used in perform a function regardless of the specific terms ‘‘new’’ or ‘‘existing’’ 46 CFR 91.55–10 to mean an alteration status of another system, and vessel to describe those that apply only that involves the safety of the vessel. ‘‘redundant’’ is not used in subchapter to one or the other. At the end of this Separately, we have reformatted the text M. discussion of comments on part 144 and of § 144.135 in tabular form to make this structures and stability, we have section easier to read. N. Construction and Arrangement (Part provided a derivation table that lists The term ‘‘verification of compliance’’ 144) part 144 section numbers in this final in part 144 addresses verifying that the We received general comments rule and the proposed sections from design of a vessel meets the standards used. To distinguish this activity from suggesting the requirements proposed in which they derived. Also, where the compliance verification required in part 144 were not justified by risk-based appropriate, we have noted the part 137 under the TSMS option, we decisions and should therefore be corresponding part 177 section number have added the words ‘‘with design removed. A commenter felt that some or an explanation of an edit. standards’’ to this term. We also proposed regulations in this part are too We received several comments, removed from this section the provision stringent: For example, the commenter mainly from maritime companies that a verification of compliance be felt that the stability requirements in suggesting revisions to § 144.215. Commenters suggested that special performed upon request of the Coast subparts A, B, and C of part 144 are not consideration be given to structural Guard because this is covered by part reflective of the loss history for inland requirements for towing vessels 136. vessels. ‘‘operating exclusively within [limited To provide more options for the We disagree with the characterization geographic areas], and towing vessels qualifications in proposed § 144.225, of proposed part 144 as not risk-based under 65 feet in length, in addition to now re-designated § 144.140, we have and, further, we believe they represent towing vessels of an unusual design.’’ extended the group of entities able to the minimum safety standard of We agree with these commenters that verify compliance with design standards construction and arrangement that is the types of vessels for which special to include the Coast Guard and certain common to all inspected vessels. While consideration may be given in proposed authorized classification societies, not there are some requirements applicable § 144.215 should be clarified, and we just ABS. For the purposes of this only to new towing vessels, these have adopted the suggested under-65- verification, the authorized requirements do not exceed the feet-in-length measure to define what classification society must have been requirements imposed on other types of we had described as ‘‘small vessels’’ in delegated the authority to issue a small inspected vessels and, for this the proposed rule. This rule also SOLAS Cargo Ship Safety Construction reason, we do not agree that they can be provides that special consideration may Certificate and the employee who considered to be too stringent. As for be given to vessels operating exclusively performs the verification must have the existing towing vessels, we find no within a limited geographic area, proper qualifications. Similar references requirements in this rule that would because the OCMI is familiar with the to ABS with respect to a verification of require costly modifications to a specific hazards of the limited compliance with design standards have properly maintained and satisfactorily geographic areas within his or zone. been revised accordingly. Regardless of functioning existing towing vessel. Commenters felt that proposed the inspection option chosen, the Three commenters suggested that § 144.220(a) should be edited to ensure verification of compliance with design organizing vessels into two subparts, that routine upgrades to equipment, standards can be performed by any one existing vessels and new vessels, such as engine repowering, would not of the persons or entities identified in instead of three subparts, would be require compliance verification. § 144.140. easier for issues related to Further, towing companies felt that Some commenters discussed the costs grandfathering. We generally agree that proposed § 144.220(a) and (b) should be of developing plans for review. Two the proposed regulations would benefit revised to clarify the intention of the maritime companies suggested that from reorganization, and we have terms ‘‘major conversion or alteration’’ proposed § 144.230, Procedures for modified this part to delete and ‘‘replacements in kind.’’ verification of compliance with requirements repeated in other parts of The Coast Guard believes that construction and arrangement the subchapter or that were too vague. compliance verification with design standards, would be costly for Further, we agree with the commenters standards for upgrades to equipment, companies with older vessels that were with respect to organizing requirements such as engine repowering, as in constructed without plans produced by into a format that is more aligned with proposed § 144.220(a), should be a naval architect. A maritime company other inspection subchapters. retained because of possible changes to suggested alternatives for hull structure

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and piping, electrical, machinery need to be repeated in part 144. We inspected, the stability standards for an systems and stability reviews that it made no changes from the proposed existing vessel in § 144.300 will require viewed as more cost-effective. rule based on these comments. the vessel to show it has a history of Proposed § 144.230, now re- Both proposed § 144.310(a) for satisfactory service that does not cause designated § 144.145, was intended for existing vessels and proposed § 144.405 its stability to be questioned, or meet a vessels undergoing a major conversion for new vessels specified that a vessel similar standard that ensures adequate or alteration to the hull, machinery, or classed by ABS would meet the stability. Stability standards for a new equipment—as described in proposed structural standards of part 144, because vessel in § 144.305 will require the § 144.135. A major conversion often ABS rules include stability standards vessel to show it complies with results in an extension of the vessel’s that generally meet those contained in minimum standards that are applied to service life. Therefore, the procedures in Coast Guard regulations. We have other inspected vessels. One commenter § 144.145, would not be invoked unless consolidated those sections into suggested that a minimum freeboard of required by § 144.135. Because § 144.120, stating that a vessel that is ‘‘like 24 inches’’ for all vessels would § 144.135 does not require a verification classed by a recognized classification improve stability standards. While the of compliance with design standards for society is in compliance with subparts Coast Guard agrees that a requirement an existing vessel, we do not envision B and C of part 144. In accordance with for such a freeboard may improve that an owner or operator would need proposed § 136.210(c), as well as similar stability, both the degree of the stability to provide plans to ensure the existing changes in this rule, we have improvement and its benefit are vessel complies with the standards acknowledged that structural and unknown and, for this reason, a used. A new towing vessel will need to stability standards contained in the freeboard requirement of this amount undergo a verification of compliance rules of other recognized classification was not included in this final rule. with design standards. societies are commensurate with ABS An association commented that that We have clarified procedures for rules, and have extended this provision the proposed regulation (§ 144.355) does verification of compliance with design to class by a recognized classification not contain size requirements and standards to require copies of verified society. specifications for accommodation plans be provided to the third-party In a similar way, we recognized that spaces for the crew. The commenter organization that conducts a survey, if proposed § 136.210(d) deemed a vessel recommended several specifications to applicable, in addition to the OCMI. with a valid load line certificate to be be included in the regulations. Two commenters suggested that in compliance with structural and The Coast Guard declines to adopt the because naval architects are well stability standards, among others, and suggested specifications. Our proposed qualified, a P.E.’s signature is not since proposed § 144.310(b) repeated requirements for accommodation spaces needed for vessel construction. While this, § 144.125 contains this text. for the crew on towing vessels subject many naval architects are also licensed In proposed §§ 144.305 and 144.310, to inspection under this subchapter P.E.s in the jurisdiction in which they we proposed structural standards for an were contained in proposed § 144.355 reside or conduct their business, not all existing vessel. These are now and were generally taken from are. The benefits of P.E. licensure are contained in § 144.200, which has been subchapter T—small passenger vessels. well documented and accepted in the aligned with §§ 144.120 and 144.125 to In response to comments, we have United States. The requirement for a avoid repetition. As provided in amended proposed part 144 to include P.E.’s seal on vessel construction plans proposed § 144.305(a), an existing vessel a subpart dedicated to crew spaces. may be considered commensurate with to which no construction standard was Crew space requirements in this final that required for buildings within a applicable would need only show that rule, as we proposed in the NPRM, are municipality. Accordingly, we clarified it has been in satisfactory service and its based on performance standards rather in § 144.145 that the documents must be service history does not cause the than prescriptive size requirements. stamped with the seal authorized for use structure of the vessel to be questioned. With respect to proposed storm rail by the individual performing the Similarly, structural standards for new requirements in proposed § 144.340, verification, whether that is the P.E. or vessels that we proposed in § 144.410 now re-designated § 144.810, we added a representative of the recognized are now contained in § 144.205. The use the option of hand grabs but removed classification society or the Coast Guard. of alternate design standards is covered the requirement for storm rails on both We acknowledge that there may be gaps by § 136.115 as discussed elsewhere in sides of a passageway more than 6 feet in documentation of smaller vessels, so this preamble. wide because there are no towing we have clarified that the term ‘‘plan’’ Because the requirements of proposed vessels to which this subchapter would means drawings, calculations, §§ 142.220(c) and 144.350(a) were so apply that would have such a wide schematics, diagrams or other similar, we have merged them into passageway. documents and provide a list of what § 144.415. An individual suggested the removal those plans may include, based mostly A commenter said that proposed of proposed § 144.345, Guards in on 46 CFR 177.202. § 144.315 and § 144.415 regarding dangerous places, because of its We have clarified and revised the stability standards would not apply to similarity to proposed § 143.230. We provisions for sister vessels in proposed all vessels and was concerned about decided to keep this requirement, now § 144.235, now re-designated § 144.155, grandfathering a number of vessels that designated § 144.820, in part 144 and to be consistent with §§ 144.135, may be unstable and remain delete the similar requirement in part 144.140, and 144.145. uninspected. As discussed in more 143. Two commenters said that the detail elsewhere in this preamble, this With respect to insulation of hot marking requirements in proposed final rule focuses on the towing vessels piping, we retain the requirement for § 144.240 should include the same basic presenting the greatest risk. Further, existing vessels in proposed colors used to mark piping for several commenters stated that stability § 144.350(b), now redesignated flammable liquid, seawater cooling, and is not a problem on inland towing § 144.830, and for new vessels we firefighting systems proposed in vessels. The Coast Guard notes that provide a similar but more specific § 143.270(c). We do not agree that casualty records generally support this requirement that aligns with an existing piping marking requirements in part 143 view. For an existing vessel that will be requirement in 46 CFR 177.970.

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In reference to a collision event The Coast Guard notes that while adequate visibility regardless of weather involving the tug Caribbean Sea and a ‘‘height of eye’’ requirements are not conditions. In response to the idea to ‘‘Duck’’ tour boat in Philadelphia in specifically addressed in this rule, the include a ‘‘transmissivity of light’’ 2010, a commenter recommended that regulations in subpart I require requirement, the Coast Guard notes that the NPRM include ‘‘height of eye’’ windows and other openings at the 46 CFR 177.1030(b) includes such a guidelines for towing vessels. The operating station to be properly located standard for operating station visibility commenter also suggested that the Coast to provide a clear field of vision. As for small passenger vessels and we Guard consider including the proposed in both §§ 144.325 and decided to include this same ‘‘transmissivity of light’’ through glazing 144.425, the visibility of the windows requirement at what is now § 144.905(e). materials on towing vessels in proposed immediately forward of the operating § 144.325 or § 144.425. station in the pilothouse must allow for

TABLE 2—DERIVATION OF SECTIONS OF PART 144 FROM THE NPRM

Final rule NPRM Section section No. No.(s) Notes (if necessary)

144.100 ...... 144.100 Revised text referring to ‘‘plan review and approval’’ to ‘‘verification of compliance’’ for clarity. 144.105 ...... 144.200, Created general applicability section, § 144.105, after removing definition section. Our revisions to part 144 144.300, eliminated subparts specifically for all vessels, existing vessels, and new vessels, so we combined applica- 144.305, bility sections for those subparts into § 144.105. In paragraph (b) that refers to alterations or modifications, 144.400 text similar to that contained in SOLAS Chapter II–1/1.3, ‘‘. . . insofar as is deemed reasonable and prac- ticable’’ is added to reflect actual process that will be addressed in the verification of compliance with design standards. 144.105 Removed § 144.105, Definitions; added definition of ‘‘length between perpendiculars or LBP’’ to § 136.110. De- 144.110 rived definition for LBP term, used in final rule §§ 144.155 and 144.315, from § 170.055. We moved the con- tent of the former § 144.110 to a consolidated central incorporation by reference section for the entire sub- chapter, § 136.112. 144.120 ...... 144.310(a), While proposed § 144.310(a) addressed only structural adequacy, proposed § 136.210(c) was broader and re- 144.405, ferred to compliance with the entire subchapter. This section reflects the general satisfaction of subparts B 136.210(c) and C of part 144 by vessels currently classed by a recognized classification society. 144.125 ...... 144.310(b), While proposed § 144.310(b) addressed only structural adequacy, proposed § 136.210(d) was broader and re- 136.210(d) ferred to compliance with the structural, drydocking, and stability requirements of the subchapter. This sec- tion reflects the satisfaction of structural, stability, and watertight integrity requirements by a vessel holding a valid load line certificate. 144.130 ...... 136.115(b) Vessel in compliance with SOLAS is considered to be in compliance with part 144. 144.135 ...... 144.220 Verification of compliance requirements are placed into a table for clarity. 144.140 ...... 144.225 Qualifications revised into a table for clarity. 144.145 ...... 144.230 Procedures for verification are clarified with minor revisions that include a clarification that ‘‘stamped’’ means the imprint of the seal of the P.E. and that ‘‘plans’’ include a list of drawings, diagrams, calculations, sche- matics and other similar documents. 144.155 ...... 144.235 Sister vessel verification clarified with general revisions. Among these is a change of ‘‘same plans’’ to ‘‘verified plans’’ and ‘‘equipped with same machinery as the first vessel’’ to ‘‘equipped with machinery of the same make and model as the original vessel.’’ 144.160 ...... 144.240 General marking requirements clarified with general revisions including a more appropriate reference to draft mark required in subchapter I at 46 CFR 97.40–10. 144.205 Proposed section on TSMS deleted because the proposed TSMS requirements are contained in parts 137 and 138. 144.210 Proposed section with general requirements deleted because the general requirement is repeated from parts 136 and 137. 144.200 ...... 144.310 Structural standards for existing vessels are contained in this section. 144.205 ...... 144.410 Structural standards included for new vessels including rules and alternatives. 144.215 ...... 144.215 This section is revised to clarify conditions under which OCMIs may act on special consideration. 144.300 ...... 144.315 Retains proposed stability requirements for an existing vessel with a stability document and added satisfactory service, operational tests, or a satisfactory stability assessment as standards for an existing vessel without a stability document; weight and moment history moved to § 144.315. 144.305 ...... 144.415 Contains stability requirements for new vessels; lifting requirements moved to § 144.310; weight and moment history moved to § 144.315 144.310 ...... 144.415(d) New section for lifting requirements. 144.315 ...... 144.315(c), Weight and moment history requirements consolidated into one section. 144.415(e) 144.320 ...... 144.320(a) Revised to refer to both new and existing vessels; section title changed to also refer to weathertight integrity. 144.330 ...... 144.320 Revised section to provide OCMI authority to require review of a vessel’s watertight or weathertight integrity. Proposed paragraphs (a)(1), (2), and (3) are deleted as repetitions of requirements in §§ 140.610(a) and (f) and § 143.270, respectively. 144.400 ...... 144.435(a) Fire protection requirements applied to a new vessel, except § 144.415 which applies to each new and existing vessel. 144.405 ...... 144.435(a) Section title taken from § 177.405(a) with the requirements unchanged from the proposed rule. 144.410 ...... 144.435(b) Section title taken from § 177.405(c) with the requirements unchanged from the proposed rule. 144.415 ...... 144.350(a), Section title taken from § 177.405(b) with the requirements in three proposed sections merged. 144.435(c), 142.220(c) 144.435(d) The provisions in proposed § 144.435(d) are covered in § 142.225, Storage of flammable or combustible prod- ucts. 144.425 ...... 144.435(e) Section title taken from § 177.405(f) with the requirements unchanged from the proposed rule.

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TABLE 2—DERIVATION OF SECTIONS OF PART 144 FROM THE NPRM—Continued

Final rule NPRM Section section No. No.(s) Notes (if necessary)

144.430 ...... 144.435(f) Section title taken from § 177.405(g) with the requirements unchanged from the proposed rule. 144.500 ...... 144.330(a), Requirements similar to § 177.500(a) 144.330(e) 144.505 ...... 144.330(b) Requirements similar to § 177.500(b) and (c) 144.510 ...... 144.330(c) Requirements similar to § 177.500(n) 144.515 ...... 144.330(d) Requirements similar to § 177.500(o) 144.600 ...... 144.360(a) 144.605 ...... 144.360(c) 144.610 ...... 144.360(b) 144.700 ...... 144.355(b),(c) 144.710 ...... 144.355(a) 144.720 ...... 144.355(d) 144.800 ...... 144.335 144.810 ...... 144.340 Added hand grabs as an option to storm rails and removed requirement for storm rails on both sides of a pas- sageway more than 6 feet wide. 144.820 ...... 144.345, Proposed requirements for guards for exposed hazards in part 143 is merged with part 144 proposed require- 143.230 ment. 144.830 ...... 144.350(b) Hot piping insulation requirement for an existing vessel is retained and a more specific requirement for a new vessel is based on § 177.970. 144.905 ...... 144.325, Proposed requirements for operating station visibility for both existing and new vessels are merged. 144.425 144.920 ...... 144.430 Changed ‘‘porthole’’ to ‘‘portlight’’ to match our intent for this requirement. In practice, this change is a nonsub- stantive clarification because the requirement is only relevant to portholes with portlights.

O. Miscellaneous Comments reasoning we provided in the preamble While these comments are not in of the NPRM for that proposed text: direct response to the regulatory text we In the NPRM we discussed comments • Machinery and Electrical: A proposed, we have addressed these submitted in response to seven commenter noted that space constraints comments in the same section of the questions we posed in a December 30, and crew abilities should be considered preamble where we discuss comments 2004, Inspection of Towing Vessels before requiring new equipment on on the corresponding proposed notice. Some commenters commented small vessels. regulatory text. For example, for a on those questions and that discussion. • Applicability: Three commenters response to the comment regarding One person stated that uninspected suggested that existing vessels should be whether existing and new vessels towing vessels have been running ‘‘grandfathered’’ to minimize the should be treated differently efficiently for more than a century and expense and potential closing of (‘‘grandfathered’’) with respect to fire that they have no problems that need to businesses that will not be able to protection standards, see the Fire be addressed by a TSMS. In response to comply with new regulations. One Protection discussion of comments a discussion of grandfathering, another commenter felt that few vessels other section. commenter stated that many existing than those under 26 feet, or those used A towing company requested that the towing vessels have operated in excess for commercial recreational vessel Coast Guard consider issuing a of 40 to 60 years without a major towing assistance, should be exempted supplemental NPRM so the public and accident. from the regulation, and that fleeters industry will be able to review the While towing vessels may be running should be exempted on a case-by-case revisions to the rule before it is final. A efficiently, and many may not be basis. maritime company suggested that the involved in a major casualty, as we • Construction & Arrangement, Fire Coast Guard urge towing companies to noted in the NPRM, towing vessel Protection, and TSMS: One of those become familiar with tried and tested casualties continue to occur. Each year,6 commenters would only apply engineering guides and standards. The there is an average of 18 fatalities, 35 grandfathering to equipment, hull commenter also suggested that the injuries, $66 million in property construction and structural fire- Bridging Program remain functioning damages, and 446,000 gallons of oil protection requirements, but until all towing vessels are found to be spilled. Additional damages occur after recommended that all vessels should compliant with the rule. towing vessel casualties in the form of comply with the proposed SMS rules We disagree with this commenter delays from lock and waterway closures. within one year. about issuing a supplemental NPRM. A primary objective of this rulemaking • TSMS: The same commenter This final rule reflects consideration of is to reduce fatalities, injuries, property suggested that using the ISM Code from the thousands of comments we received damaged, and oil spilled, by reducing 2002 as a guideline in developing the on the NPRM we published in 2011. the risk of towing vessel casualties. SMS requirements will allow for a Regarding urging towing companies to Others who commented on our number of operators using the AWO become familiar with tried and tested discussion of these questions from 2004 RCP to be compliant. engineering guides and standards, we focused on specific subject areas • Fire Protection: The commenter also encourage towing companies to obtain intended to be addressed by our felt that existing vessels should be knowledge from such guides and proposed regulatory text and the treated differently from newly standards, but the purpose of this final constructed vessels because of the rule is to establish specific 6 Casualty consequences are from MISLE for likelihood that fire standards will make requirements. This rule provides some accidents from 2002–2007. it difficult to retrofit existing vessels. flexibility (e.g., the option to choose a

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TSMS or Coast Guard inspection fatigue management may be part of a managing operator to examine their regime) but it is not a guidance TSMS. We are considering developing a operating conditions and decide if document: it imposes requirements for separate rulemaking for hours of service having an anchor and other ground which penalties may be applied if the and crew endurance management based tackle is appropriate. requirements are not met. We have not on our authority under 46 U.S.C. Two commenters suggested that made changes from the proposed rule 8904(c). If we do so, we will publish a doubler plating is not acceptable as a based on this comment. separate document in the Federal longstanding repair policy and As for the Bridging Program, we are Register. We have made no changes recommended that the use of doubler currently in Phase 2 of that program. from the proposed rule based on these plating be prohibited in regulation for During Phase 1, we conducted Industry comments. vessels that have been inspected, unless Initiated Examinations for companies Two commenters urged the Coast it is approved by a Commandant. taking advantage of the opportunity to Guard to include a regulation that The Coast Guard has not adopted this participate in this Coast Guard program. requires companies to provide mariners recommendation. Second, since this Phase 2 is focused on Risk-Based with a ‘‘letter of sea service’’ when the comment was submitted, ASTM has Targeted Examinations and is scheduled mariner is renewing their credentials. issued a national consensus standard for to continue until this final rule becomes We believe this suggestion is outside the use of doubler plates as a permanent effective. Phase 3 will commence with the scope of this rulemaking. We would repair for vessels in all services. We the implementation of the new want to receive comments on this have made no changes from the subchapter M towing vessel inspection suggestion in a separate rulemaking proposed rule based on these comments. regulations and issuance of Certificates before imposing such a requirement. A commenter suggested that the of Inspection (COIs). An individual and an association felt NFPA standards referenced in the A commenter suggested that towing that the ‘‘Bridging’’ book, updated with NPRM be updated to the current vessel officers and officer candidates be regulations from this final rule and editions. This commenter also requested tested on the new towing vessel other related regulations, should be that we correct our references to NFPA inspections that appear in the final rule. provided in electronic format to provide 70, the National Electrical Code (NEC), The commenter said the Coast Guard a clear regulatory and policy statement which are listed incorrectly as ‘‘National provides only one opportunity to test to the towing industry and thereafter the Electric Code’’ in proposed §§ 136.110, the ‘‘professional knowledge’’ of Coast Guard should require the book or 136.112, 143.120; 143.340(b)(6); candidates for Apprentice Mate/ an updated electronic copy be carried 143.350(b); and Section II, Steersman, Mate/Pilot, and Master of aboard each towing vessel. One of these Abbreviations. Towing Vessels, and that for years, it commenters noted that when the Coast The Coast Guard believes it is not tolerated insufficient knowledge of Guard promulgated new oil pollution necessary to update to the current existing regulations throughout the regulations in 1973, they provided an editions of the NFPA standards at this towing industry by licensed officers, explanatory pamphlet and a required time; in this final rule we have management, and even Coast Guard completion of an ’’open-book’’ test on maintained the NFPA editions that we personnel assigned to boarding parties. the new regulations. proposed in our NPRM. We have, He noted that the Coast Guard’s Towing The Coast Guard notes that the Coast however, corrected the error in our Vessel ‘‘Bridging’’ program has done a Guard’s Bridging Program will cease to citations to NFPA 70, National Electrical commendable job trying to reverse this be applicable to towing vessels once this Code (NEC). trend. final rule becomes effective. We have A maritime company felt that the Before imposing training prepared a Small Entities Guide which terminology used in the proposed rule requirements on those credentialed is available in the docket. With respect is broad and could be interpreted under 46 CFR subchapter B, we would to an electronic form of subchapter M differently depending on the reader. The want to receive comments in a separate and other related regulations, we note commenter gave ‘‘major defects’’ and rulemaking on such proposed that this final rule and subchapter M ‘‘substantial’’ as examples of items requirements. As for Coast Guard regulations that will become part of the totally left up to the opinion of the personnel conducting inspections under CFR will be available through individual auditor, and suggested that subchapter M, it is our normal process www.gpo.gov/fdsys. more precise terms be included to to draft a specific Performance An association commented on the ensure consistency in the application of Qualification Standard to ensure that need for vessel route restrictions on a the regulations. inspectors are properly trained and fully COI to be done on a vessel-by-vessel The Coast Guard notes that we did not capable of performing such inspections. basis based upon reasonable safety use the term ‘‘major defects’’ in the Also in our oversight of TPOs, we will considerations, and the need for NPRM. We did, however, use the term be sure to assess the TPO personnel’s adequate sea anchors and ground tackle ‘‘major non-conformity,’’ which we also comprehension of subchapter M for towing vessels that service oceans defined. We also note that we have requirements. and coastwise routes. added or amended definitions based on One commenter felt that there is a A Coast Guard OCMI will make many comments on our proposed rule. lack of adequately trained lookouts and vessel-specific determinations regarding In this final rule we do use the word that providing the Master and Pilot with a vessel’s route and other operating ‘‘substantial,’’ or a version of it, in our a trained, well-rested lookout can avoid conditions which will be identified in definition of ‘‘major conversion’’ in many significant and costly towing the vessel’s COI. Towing vessels come § 136.110 and in our revocation of TPO accidents. in a variety of shapes, sizes, and approval section, § 139.150. We agree We agree that a trained, well-rested services, some of which could utilize that using more precise terms is lookout would be more likely to help anchors and other ground tackle as appropriate when one is available, but avoid towing accidents than a tired appropriate. An anchor that is sometimes a more flexible term is the lookout who is not adequately trained. appropriate for the towing vessel would only appropriate term to use. We believe The rule does not contain specific not necessarily be adequate to this is true of our uses of the term training or hours of work requirements accommodate the tow. It is incumbent ‘‘substantial’’ in this final rule and that for lookouts, although such training and upon the towing vessel owner or the common understanding and

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definition of that term, combined with service as minimal and in need of adequate sleep would be to keep a Coast Guard interpretation of that term revision. Another commenter said record of each crew members’ work and in other regulations, does place mariners resent the Coast Guard’s rest schedule. We note that NVIC 02–08, restrictions on how individual auditors failure to take a stand on maximum Enclosure (4), provides a CEM program may interpret it. We have made no work hours and safe minimum manning evaluator checklist to capture areas that changes from the proposed rule based requirements. need improvement and ways to go about on this comment. In the NPRM, the Coast Guard shared addressing those areas. Page 4 of Lastly, a commenter suggested that its views on potential HOS and CEMS Enclosure (4) provides an example of the Coast Guard implement a program standards and requirements, how a crew member might analyze their notification system to remind vessel and sought additional data and other current work/rest schedule to identify owners of deadlines that are information that we solicited through any associated risks involving fatigue. approaching for their fleets. specific questions because, as we stated, Several commenters suggested The Coast Guard notes that it has a we are ‘‘considering establishing hours regulations that limit the workday to 12 system that is currently used for other of service standards and requirements hours in a 24-hour period for all inspected vessels to provide owner and for managing crew endurance, the mariners. One commenter said the managing operators with notification of ability for a crewmember to maintain NPRM should mandate maximum work- impending compliance deadlines and performance within safety limits while hour limitation for unlicensed plans to use this same system for towing enduring job-related physiological and personnel and maximum allowable vessels inspected under this subchapter. psychological challenges.’’ (76 FR work days and rotations. However, owners and managing 49991, Aug. 11, 2011.) We received numerous other operators are still ultimately responsible We received several comments comments. One commenter said that for meeting these deadlines and the suggesting that the traditional 2-watch without clear and enforced work-hour associated inspection requirements system be replaced by a 3-watch system regulations and independent third-party including notification of the cognizant that provides more opportunity for inspections, towing boat companies will OCMI as required in part 136. increased uninterrupted sleep. One continue to exploit crews who are eager commenter said work durations should to remain employed. P. Crew Endurance Management be reduced to a maximum of 21 days, One commenter urged the Coast Systems (CEMS) with a phase-in of the 3-watch system Guard to promulgate HOS regulations We thank those who commented in within 10 years. Another commenter consistent with NTSB Safety response to our Hours of Service (HOS) recommended that the Coast Guard Recommendation M–99–1. A maritime and CEMS preamble discussion in the develop a NVIC to provide one or more company recommended minimum NPRM (76 FR 49991–49997, Aug. 11, specific 2-watch rotation models that hours of rest similar to those set forth in 2011). These comments have helped to would meet the work hour limitations the latest STCW (Manila) amendments inform our consideration of HOS and and minimum rest hour standards. (STCW 2010, Chapter VIII, Section A– CEMS issues confronting the maritime Several commenters noted that a ‘‘6- VIII/1). community. on, 6-off’’ schedule is unsafe or One association noted that the Coast As we stated in the NPRM, the Coast insufficient for allowing adequate rest. Guard should have decided this issue Guard would later request public One commenter said an ‘‘8-hour on, 4- ever since that association first comment on specific hours-of-service or hour off; then 4-hour on, 8-hour off’’ presented it in May 2000 in National crew-endurance-management regulatory schedule would achieve the maximum Mariners Association Report #R–201 text if it seeks to implement such hours of rest while maintaining the titled ‘‘Mariners Speak Out on requirements. We are considering current amount of crew. However, Violations of the 12-Hour Work Day.’’ developing a separate rulemaking for another commenter said an ‘‘8:8:4:4’’ We received several comments HOS and CEM based on our authority schedule may allow for less total sleep supporting the implementation of an under 46 U.S.C. 8904(c). If we do so, we over 24 hours than a ‘‘6:6:6:6’’ schedule. HOS rule that would allow for sufficient will publish a separate document in the We received several comments time off to obtain at least 8 Federal Register. referencing crew manning with respect uninterrupted hours of sleep, or at least We have summarized HOS and CEM to potential work hour requirements. 7 hours of uninterrupted sleep and an comments below as a means of sharing Some commenters said any towing additional sleep period in every 24 hour the valuable input we received on this vessel operating over 12 hours in any period. However, some commenters said topic we discussed in the NPRM, but we 24-hour period should be manned with the current statutory requirements in 46 have limited our responses because we two full crews, not just with two U.S.C. 8104(g) are sufficient. are not proposing HOS or CEM licensed officers. One commenter Several commenters opposed a requirements in this document. In recommended a safe manning level that requirement for a minimum of 7 to 8 general, we have only responded to would support a 3-watch system for hours of uninterrupted sleep for these comments when we want to refer vessels towing laden tank barges personnel on towing vessels. A to what we said in the NPRM or point containing oil or hazardous material in maritime company responded that to currently available guidance or bulk. Another commenter stated that the requirements should consist of a resources to address an issue raised. We Coast Guard should require a relief pilot minimum of one 6-hour period of have attempted to sort these comment or three pilots onboard vessels (captain, uninterrupted rest within a 24-hour summaries based on the questions we after watch pilot, and swing pilot). period and a minimum of 10 hours per asked in the NPRM. Several commenters noted that crews day of total rest. Two commenters stated Some commenters wondered why, are increasingly undertaking that the NPRM’s focus on a minimum of despite assembling sufficient data, the administrative duties, which can impact 8 hours of uninterrupted sleep fails to Coast Guard seeks additional appropriate manning and mariners’ acknowledge that a long sleep period in information on potential requirements opportunity for rest. conjunction with a nap of shorter to increase uninterrupted sleep An element of a CEMS that might duration during a 24-hour period do not duration, while others described the improve the awareness of the lack of result in a compromised mental and Coast Guard’s efforts to address hours of opportunity for crew members to obtain physical state. Similarly, a commenter

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said it is not the number of gauge work and rest schedules considerations can have an adverse uninterrupted hours of sleep per day throughout daily onboard operations. impact on a mariner’s ability to obtain that is important for performance and A maritime company responded that adequate sleep. maintenance of alertness, but rather the while 7 hours of sleep is ideal, this does We received one comment that said total hours of sleep per 24 hours. Also, not work well in a 12-hour work requiring 7 to 8 hours of uninterrupted the commenter said data indicates that schedule, and is still controversial even sleep would require one-third more shift workers who work 8 hours and within the pioneering companies that crewmembers than the company have 16 hours off to sleep only obtain initially implemented and tested the presently can accommodate on board. 5 to 6 hours of sleep when sleep occurs CEMS practices. The commenter One commenter stated that recent at the ‘‘wrong’’ circadian time. concluded that the CEM training teaches data on sleep make it unlikely that We received one comment saying the that this—getting 7 hours of sleep—is crews on a ‘‘7:7:5:5’’ or an ‘‘8:8:4:4’’ best method is to allow for anchor sleep the last and one of the least important watch schedule could obtain close to 7 to occur during one sleep opportunity facets of the program. or 8 hours of sleep, even when the and a nap sleep to occur during the Another maritime company endogenous drive to sleep coincided second sleep opportunity. A maritime responded that, when given a 7- to 8- with a 7- or 8-hour rest period. company responded that a Safe hour sleep opportunity, mariners cannot Two commenters said focus on Manning Document, with prescribed obtain 7–8 hours of uninterrupted sleep. nutrition and hydration has helped watch requirements taking into account Thus, it is common in the towing vessel employees, but the companies have not the vessels route and service industry to allow for two sleep changed watch schedules. Two other requirements, would be the best way to opportunities where each opportunity commenters responded that they have ensure that sufficient qualified allows for significant sleep such as on implemented CEMS, but one noted that personnel are available for 12 hours of a ‘‘6:6:6:6’’ square watch schedule. it does not require that mariners receive work per day. We received many comments, mostly 7 to 8 hours of uninterrupted sleep. A maritime company responded that from maritime companies, opposing a An association and another the direct financial impact on its potential requirement for a minimum of commenter said a CEMS program alone company would be minimal, as most of 7 to 8 hours of uninterrupted sleep for cannot account for the fatigue caused by its vessels are already manned to allow personnel on towing vessels because no the existing 2-watch system on vessels for 7 or 8 hours of uninterrupted sleep current watchstanding system meets in 24-hour service. The commenters (three in each department). However, this standard. Several commenters, stated that many mariners are unwilling the commenter noted that the company including maritime companies, said the to adjust their lives to fulfill the would lose some level of oversight and ‘‘6 on/6 off’’ watch schedule has worked requirements of the system, and daily productivity in performing, for for many years and should not be employers who force the program upon example, inspections and maintenance. altered. A maritime company responded their mariners will encounter One commenter stated that sufficient that the traditional ‘‘6 on/6 off’’ watch resentment and retention problems. uninterrupted sleep for vessel crew is schedules would have to be changed to A maritime company responded that the best insurance a vessel owner or a ‘‘5/7/7/5,’’ or’’ 4/8/8/4,’’ and a ‘‘12/12’’ if a CEMS program enabled crews to managing operator can have against schedule may even need to be worked obtain 7 to 8 hours of total sleep over casualties. A maritime company stated depending on vessel operations. a 24-hour period, such a program could that there would be a benefit to Another commenter expressed concern be effective in combating fatigue. managing work periods in relation to about the difficulty that operators would Another maritime company responded safety, but setting a minimum number of have in finding experienced personnel that any operation can benefit from CEM consecutive hours without changing the to meet the proposed watch standing practices absent of work/rest changes. 12-hour work period may make it standards. Diet, exercise, and environmental difficult to manage vessel operations in One commenter responded that it is factors are all critical to improving a 24-hour period. impossible to mandate that mariners operations and reducing fatigue. One commenter responded that ‘‘obtain a required number of hours of Another maritime company allowing crews a 7- to 8-hour sleep uninterrupted sleep, such as 7–8 responded that there is no evidence opportunity does not mean hours.’’ Instead, what is needed is to HOS restrictions reduce casualties and crewmembers will routinely obtain 7 to change mariner culture such that injuries, although this may be possible 8 hours of uninterrupted sleep because sufficient sleep is understood to be if crews can achieve 7 to 8 hours of total it is impossible to mandate sleep. important for optimal performance, sleep on a day-to-day basis. We agree that a mandate to provide an safety, and health. A maritime company commented that opportunity for a sufficient number of A maritime company said a mandate no existing programs could be hours of uninterrupted sleep will not would undoubtedly change the entire considered equivalent to the Coast guarantee that crewmembers sleep for operation onboard, including meal Guard CEMS program. The alternative the desired number of hours. But as we hours, voyage planning, etc. would be a traditional ship ‘‘4/8’’ watch suggested in the NPRM, providing the Another maritime company schedule, which would require manning opportunity ‘‘to increase uninterrupted responded that a mandate that required increases for most companies. sleep duration to a threshold of at least mariners to obtain 7 to 8 hours of One commenter responded that, yes, 7 consecutive hours in one of the two uninterrupted sleep would require the a mandate would cause burden to available off periods in the two-watch use of pharmacological agents or smaller companies with limited system [would] increase the probability behavioral therapies (e.g., exercise, resources. Another commenter said that crewmembers will have the sleep hygiene, cognitive behavioral requiring a crew management program opportunity to restore the cognitive therapy for insomnia) that would enable would increase the already large abilities necessary to maintain mariners to achieve the mandated hours financial burden of implementing these situational awareness, even if the sleep of uninterrupted sleep. proposed regulations on mid-sized and environment is not optimal.’’ 76 FR One commenter noted that many smaller companies, as well as an 49996, Aug. 11, 2011. As noted above, factors, including electronic gadgets, increased cost to the end consumer due log-keeping could be an effective way to noise in the berthing spaces, and dietary to the necessity of larger crews.

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A maritime company responded that definitive actions for establishing on board towing vessels; documents for a full CEMS program, a 4- to 5-year maximum work-hour limitations. why mariners do not obtain 7 to 8 hours period would be appropriate to allow We received several comments stating of sleep per 24 hours; and evaluates for training, implementation, and that the Coast Guard’s emphasis on effective strategies for the treatment of auditing. Another maritime company uninterrupted sleep differs from the sleep disorders. responded that there is no appropriate description of CEMS in NVIC 02–08, One commenter said any requirement phase-in period or method until Criteria for Evaluating the Effectiveness for hours of service standards and crew evidence is provided that of Crew Endurance Management System endurance management requirements implementation of a new HOS Implementation. Further, the should apply to double-crewed requirement is effective. commenters said NPRM’s emphasis on overnight boats and should not apply to In their comment to the docket 7 to 8 hours of uninterrupted sleep is ‘‘dinner bucket’’ or harbor boats. (USCG–2006–24412–0187), the National troubling not only because of its We received two comments stating Transportation Safety Board indicated inconsistency with prior Coast Guard that the Coast Guard should withdraw they were pleased with the publications describing the purpose of its proposal until the following issues comprehensiveness, relevance, and CEMS, but more importantly because it are addressed: current abuses of existing timeliness of the literature that the Coast reflects an incomplete and selective hours-of-service regulations for towing Guard cited in the NPRM, and believes treatment of the science behind sleep vessel officers; the lack of any hours-of that this literature aptly summarizes the and watchstanding. service regulations for deckhands, state-of-the-art of human factors and As discussed in NVIC 02–08, engineers and unlicensed crewmembers; physiological research on the effects of components of a CEMS that improve the fatigue resulting from these abuses; and fatigue on human performance. The safety culture and sleep quality include the undermanning of towing vessels as commenter went on to cite several education, environmental changes, light previously documented. maritime and transportation accidents management, trained coaches, and Another commenter said the NPRM in which operator fatigue was identified schedule changes. As indicated in included no mention of previous as a contributing factor. Enclosure (4) of NVIC 02–08, a crew’s recommendations made by the Towing watch schedule should be evaluated A maritime company noted that Coast Safety Advisory Committee (TSAC) on based on the opportunity for each Guard cites the Fatigue Avoidance CEMS and seeks comment on a different member to achieve a sufficient amount Scheduling Tool (FAST) algorithm and approach that was not previously of uninterrupted sleep. brought to TSAC’s attention. produces nine figures (Figs 2–10) for A maritime company stated that the assessing the effects of work and rest We received several comments stating CEMS demonstration project did not that the CEMS research being conducted schedules on human health and provide any data to support any changes performance, but there is no evidence in by Northwestern University on inland in HOS or any endurance management towing vessels should influence the the FAST model that mariners will be standards. able to obtain 7 to 8 hours of Coast Guard’s direction on We received several comments watchstanding and CEMS. uninterrupted sleep on a ‘‘7:7:5:5’’ or complaining about the Coast Guard’s ‘‘8:8:4:4’’ rectangular watch. Another inaction regarding HOS and crew Q. Economic Analysis Comments maritime company disagreed with endurance. However, many The Coast Guard received numerous scientific studies that have indicated commenters, mostly maritime comments from organizations and that uninterrupted sleep of less than 8 companies, said the towing vessel individuals regarding the costs and hours gives a worker a response time inspection rule is not the proper place benefits associated with our proposed equivalent to someone with blood for requirements regarding fatigue subchapter M regulations. alcohol content of 0.05–0.08. Other management, which has implications When we published the NPRM in commenters recommended a study on for the entire maritime industry and that 2011, we were particularly interested in sleep requirements strictly related to it would be more appropriate to address the economic impact of implementing a inland waterways vessels. the issues raised in the NPRM relating TSMS, and whether there were We received a few comments to periods of rest and watchstanding in alternatives to the TSMS and Coast supporting the structure of a CEMS a separate rulemaking project Guard inspection options that could program, and stating that before work particularly as it pertains to the marine provide similar benefits at a lower cost. hours or watchstanding practices are industry as a whole. One commenter Many commenters provided details changed, a program including crew said any additional CEMS requirements and opinions regarding the costs and physical wellness and fatigue education should be identified in a company’s benefits of implementing the new and training must be put into place. One TSMS and not in regulation. subchapter M requirements. The commenter supported additional Several commenters said emphasis on comments involved the overall and training for crew members in the area of minimum required hours of sleep is not specific costs and benefits of the crew member fatigue and work and rest justified by science or data. One requirements, the economic impact on periods. commenter said the NPRM is confusing small entities, and the requests for There are currently several and lead a reader and, more flexibilities that could provide relief to opportunities to learn more about CEMS importantly, an inspector to draw the towing vessel owners and operators. We and mariner fatigue. We recommend wrong conclusions about how a vessel appreciate these comments and have talking with your company safety officer watch should be set up. A maritime attempted to integrate them into our for training options, or visit http:// company said there is a need for Regulatory Analysis (RA). We address www.uscg.mil/hq/cg5/cg5211/cems.asp literature that explores anchor sleep/nap the specific topics in the sections of this for more information on CEM. sleep strategies; compares sleep times preamble below. One commenter said the concept of on different watch schedules where the crew endurance is in effect a ‘‘Band- total amount of sleep and work 1. Costs Aid’’ for a system that is broken, and opportunities are equivalent; evaluates We received numerous comments that the Coast Guard has objective the effectiveness of educational from towing vessel industry scientific evidence to take clear and programs to change the culture of crews stakeholders regarding the specific costs

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of subchapter M parts as well as general One commenter stated that the Coast improve safety, while minimizing costs remarks on overall costs of the new Guard estimated that bringing a single and potential impacts on the U.S. requirements. Many commenters towing vessel into compliance with economy. expressed concern over subchapter M general requirements for propulsion, Another commenter expressed requirements imposing undue costs on steering, and related controls, which concern about the cost of the rule to vessel owners and operators without appeared in § 143.405 in the NPRM, vessel owners and operators and stated providing any information or further would cost $20,000 and said that his that the annual user fee could be ‘‘in the discussion. company spent $200,000 to replace $1,000 to $2,000 range’’ for each vessel. One commenter stated the cost of steering and propulsion systems of a The annual fee for towing vessels hiring a naval architect for stability single vessel. The commenter estimated inspected under subchapter M will be calculations would be in the tens of that to bring his company’s 130 vessels $1,030. As we note in section IV.D thousands of dollars per vessel to into compliance under subchapter M, above, this is the existing annual comply with construction and they would need to spend millions of inspection fee in 46 CFR 2.10–101 for arrangement standards, and verification dollars. The commenter also said that any inspected vessel not listed in Table of compliance with those requirements. several thousand towing vessels would 2.10–101. This will be charged starting As noted above in section IVI.N, the be affected, as opposed to the Coast a year after the initial COI is issued and Coast Guard has added additional Guard estimate of 26 towing vessels will remain the annual inspection fee options for verification of compliance being affected by the § 143.405 until a specific annual inspection fee for with part 144. Section 144.300(b) now requirements. towing vessels is promulgated through a offers three options for an existing As discussed earlier, the Coast Guard separate rulemaking. vessel without a stability document to acknowledges the potential for higher The same commenter also estimated meet part 144 requirements: findings costs to retrofit existing vessels. In this that the negative impact on the based on the vessel’s operation or a final rule, the relevant requirements economy, of (river-canal) lock delays history of satisfactory service, successful have been moved to § 143.585 and the due to towing vessel accidents, is only performance on operational tests, or a applicability of these requirements has $13.89 million of annual economic satisfactory stability assessment. None been reduced to only apply to new impact and 0.13 percent of total of these options would cost this vessels (estimated at 88 per year) or downtime, compared to an estimated operator tens of thousands of dollars. those undergoing a major conversion total negative economic impact of $10.8 (estimated at 13 per year) that move For example, the findings based on the trillion for all downtime on the lock. tank barges carrying oil or hazardous vessel’s operation or history of The Coast Guard acknowledges that materials in bulk. We estimate the satisfactory service is a documentation lock delays from towing accidents may incremental cost to comply with activity that the Coast Guard estimates only make up a small fraction of total § 143.585 during the design and will require 4 hours of time to compile lock delays. However, that does not construction stage for new vessels or at a cost of approximately $200. negate the benefit that could be realized those undergoing major conversion to be Operational tests are undertaken as part through the rule by improving towing $10,000 per vessel. of a standard inspection if needed at no vessel safety, and reducing accidents Another commenter, referencing the and the resulting delays. Analyzing all additional cost to the operator. previous commenter’s remarks, The commenter also believed that causes of lock delays and methods for estimated that company would incur a mitigating those delays not related to additional equipment and redundancy cost of $40 million to comply with systems—specifically propulsion, towing vessel accidents is outside the subchapter M. This commenter also scope of this rulemaking. steering and related controls, electrical suggested that subchapter M costs will installations, pilothouse alerter system One commenter submitted a number be passed along to all the consumers in of comments on the additional and towing machinery—required by the U.S. economy thereby putting the part 143 are unnecessary. operational costs due to subchapter M U.S. economy at a disadvantage requirements that included the impact As discussed earlier, part 143 no compared to other world economies. of periodic drydocking which may leave longer requires redundancy propulsion The Coast Guard has considered the the work force idle, additional or steering for existing vessels, and has potential cost impact on individual recordkeeping-staff requirements, the eliminated deferred electrical companies and the economy in limited supply of shipyards which may requirements in proposed §§ 143.340 formulating the final rule. We balanced increase the amount of time needed for through 143.360 for existing vessels. costs against the beneficial impacts of repairs and drydocking, and increases in This final rule does retain a pilothouse the rule in reducing the risk of towing lending rates for marine loans from alerter system requirement for towing vessel accidents and the resulting financial institutions due to actual or vessels with overnight accommodations consequences, including fatalities, perceived risks. and alternating watches (shift work), but injuries, and oil spills. Based on With respect the impact of we have limited this requirement to information provided in the comments drydocking, according to a 2013 report, towing vessels more than 65 feet in from the public on the costs of some ‘‘For smaller vessels, routine drydocking length. We also retained a requirement requirements, we have revised the can be done in the course of a single for towing machinery (e.g., capstans and applicability of some those day.’’ 7 The Coast Guard assumes 2 days winches) to be designed and installed to requirements to only newly constructed of for each drydock inspection and has maximize control of the tow. Both the or refurbished vessels to mitigate the added an estimate of potential lost pilothouse alerter system and towing need for costly retrofits of existing revenues during that period. Drydocking machinery requirements have a delayed vessels. We have also added alternative can be scheduled in advance with implementation period for existing compliance options, such as allowing shipyards to coincide with rest vessels: 5 years after the issuance of the service history in lieu of stability tests requirements of crew, minimizing the first COI for the vessel. For a more for some vessels. We believe the detailed discussion of these two resulting final rule fulfills Congress’ 7 ‘‘Study of Engineering and Naval Architecture requirements, please see section IV.M mandate to bring towing vessels under Costs for Use in Regulatory Analysis’’, 17 April above. an inspection system to ensure and 2013 by ABS Consulting, page 30.

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potential for workforce idleness or structure, piping, electrical machinery While the Coast Guard finds it longer waits times. systems and stability test by using in- unlikely that it would cost over $75,000 The provisions of the rule are house sketches and reviewing vessel to bring a vessel in active service under intended to improve safety of towing structure and systems. The total costs of normal engineering practice into vessel operations, which over time the program suggested by this compliance with subchapter M, the should reduce actual risks. commenter ranged from $150,000 to Coast Guard acknowledges that some of One commenter asked for more detail $180,000 when added to the other the requirements proposed for electrical on how the Coast Guard estimated the vessel plan costs. The Coast Guard systems that required retrofitting of annual government costs at $1.4 views the suggested alternative existing towing vessels could result in million. He interpreted this figure as a approach to be similar to the surveys higher costs. In this final rule, we have need to hire 14 new full time required under the TSMS option and, made many of those requirements only employees. therefore, to be redundant. Further, the applicable to new vessels. For more Coast Guard man-hours are calculated alternative approach suggested is not details, see discussion of electrical based on assuming only a few hours per really an alternative since sketches, systems in section IV.M above. vessel, although it might amount to a photographs, and similar documents are One commenter estimated his large number of hours considering that included in the group of sufficient company’s average compliance cost to the affected population is more than documents needed for review in the be $225,000 per vessel or $3.375 million 5,500 towing vessels. The Coast Guard case of either a major conversion or a for his entire fleet. A second is flexible with respect to meeting new installation that is not a commenter, relying on an AWO figure, resource needs and may not hire new replacement-in-kind on an existing estimates the cost of the proposed full time employees to implement the vessel. requirements to be as much as $100,000 new subchapter M program. Another commenter estimated that Several commenters stated that the per towing vessel. A third commenter, the cost of retrofitting an existing towing representing a group of offshore towing preliminary RA underestimated the vessel to comply with subchapter M various costs of subchapter M. In vessel owners and operators, quoted ranges from $180,000 to $300,000. This previous comments on compliance costs particular, one commenter believed that commenter also pointed out the for existing vessels cost in man-hours and provided an average cost of additional cost of a TSMS, which he $180,000 to $300,000 per vessel. needed to develop vessel plans is much noted we estimated to be from $61,000 The Coast Guard appreciates the higher than the estimate presented in to $150,000 per company. The information from commenters on the the RA. The commenter estimated that commenter added that none of these potential costs of the proposed cost of plan development alone will be estimates accounts for the economic requirements in the NPRM. Given the as high as $80,000, as opposed to the impact of time spent out of service potential for higher cost impacts, we Coast Guard estimate of $20,000. In while a vessel is being retrofitted. addition to these costs, the commenter The Coast Guard acknowledges that have re-evaluated the requirements in included an estimate of up to $30,000 the costs to retrofit vessels to meet the proposal to identify opportunities to for stability review, and $100,000 to certain proposed requirement may have minimize costs while still achieving risk verify vessel compliance with been higher than estimated in the reduction. As described previously, we requirements in parts 140 through 144. NPRM. As a result of these higher costs, have provided opportunities for lower- The Coast Guard acknowledges the the Coast Guard has removed those cost compliance options for some potential for higher costs for plan requirements for existing vessels, requirements and changed the development and stability review. As a although the requirements are retained applicability of some requirements so result, this final rule does not require an for new vessels as the incremental costs that existing vessels would not have to existing vessel to undergo a verification for a new vessel are lower. Removing undergo costly retrofits. The Coast of compliance with design standards, so certain requirements for existing vessels Guard estimates that the average cost of there is no plan development cost for an in Part 143 has the potential to reduce compliance per vessel during the phase- existing vessel unless that vessel either most, or perhaps all, of the $180,000 to in period is $16,267 with an additional undergoes a major conversion or $300,000 costs noted in the comment. $5,045 cost per company. The involves a new installation that is not a With regards to the TSMS costs, the rule deficiency data from the Bridging replacement-in-kind. In the case of a provides the Coast Guard inspection Program and towing vessel boardings, major conversion, the plans and option as an alternative if developing which represents over 99 percent of the documentation needed would be and implementing a TSMS is deemed towing vessel fleet, indicates that many directly related to the scope of the too costly by a vessel owner. In response deficiencies are relatively rare (5 conversion. In the case of an installation to this and other comments, the Coast percent or less of vessels), making it that is not a replacement-in-kind, the Guard has included an estimate of lost unlikely that a vessel would incur the plans needed would be limited to the revenue in the Regulatory Analysis for cost of every regulatory requirement. scope of the installation and to prove the final rule for drydock inspections Finally, other commenters stated that that the vessel meets stability standards. and activities to correct deficiencies that there are many hidden or unaccounted- Moreover, the documentation required exceed 1 day in duration. We have made for costs that the Coast Guard did not is not restricted to traditional drawings; certain requirements no longer apply to incorporate into its preliminary RA. sketches, schematics, diagrams, existing vessels and has made many These hidden costs are the same costs specifications, and photographs can be other changes to address that concern, mentioned by a previous commenter: used to the degree needed to ensure the as discussed in previous sections. Lost revenues and wages due to periodic vessel complies with the standards One commenter stated that inspections and repairs (including travel used. subchapter M would require his to inspection locations), crew costs to The same commenter suggested an company to change electrical systems prepare for the inspection and undergo alternative approach to these plans that on existing vessels at a cost of more than the questioning during the audit or they estimated would cost no more than $75,000 per vessel, and would survey, and management costs to $30,000 per vessel: Having a P.E. potentially cost the company $2,700,000 oversee the TSMS and inspection conduct a ship check to approve hull to comply. scheduling.

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Based on these and other comments, The market and shippers have adapted of the final rule, does not mean that the the Coast Guard acknowledges that to fluctuations in shipping rates, so that vessel does not present any risk to the potential for lost revenue and has added increases of the size that may result maritime industry. In the next comment an estimate of lost revenues for from the final rule are within normal section, we addressed requests to obtain drydocking and certain repairs (please variations. relief from certain costs commenters see Section 2.5 of the Regulatory Further, the amount of increase in deemed unnecessary and will point to Analysis for details). costs will vary from company to accomodations and flexibilities this With respect to costs to prepare for company. For example, many final rule provides. and undergo inspections, the Coast companies already have a TSMS, so this Guard estimates 40 hours of time to regulation would have a lesser impact 3. Flexibilities To Provide Relief to prepare for and undergo an inspection, on those companies cost structure than Towing Vessel Owners and Operators which could be accomplished by the those companies that don’t have one. We received numerous comments owner, operator, crew, or a combination. The final rule brings all towing from the towing vessel owners and We have used the owner or operator companies up to a minimum standard of operators requesting greater flexibility wage rate to value the opportunity cost, safety and erodes the competitive in the rule to reduce its costs to them. which would be a slight over-estimate if advantages of those companies They varied from full exemption from crew instead performed the activities, underinvesting in safety measures. By all subchapter M regulations to which includes scheduling the reducing accidents, incidents and grandfathering on specific requirements. inspections. casualties and resulting impacts These comments are addressed in this With regard to management costs to including delays, the final rule may also section. oversee a TSMS, the NPRM regulatory increase the dependability and One commenter requested that the analysis provided an overall cost timeliness of shipping by barge and Coast Guard grant his company either estimate for a TSMS that included perhaps mitigate some limited aspects an exemption from all requirements of management costs. For the final rule, of the volatility of rates. subchapter M or an extension of 20 the Coast Guard does not expect years of grandfathering on existing management costs for a TSMS to be 2. Benefits equipment on board his towing vessels. incrementally different than We received many comments in Another commenter requested some management costs for an existing Safety support of the proposed rule. Many form of grandfather clause for existing Management System. commenters said that SMSs are cost- fleets from proposed §§ 143.340 through Additionally, one commenter beneficial and might lead to quantifiable 143.360 electrical system requirements believed that the preliminary RA did benefits. Commenters suggested that citing complete rewiring costs at not account for increased shipping rates SMSs might lead to benefits such as $150,000 to $210,000 for each vessel. and transportation costs for industries fewer vessel accidents and personal Similarly, one commenter, without dependent on river transportation. injuries, which would mean cost being specific, suggested that many The Coast Guard has added an savings from reduced insurance requirements relating to mechanical and evaluation of the potential for increased premiums and avoidance of expenses electrical equipment and structural shipping rates and transportation costs such as vessel repairs and time out of standards for small operators should be in Appendix J of the Regulatory service. However, no commenter relaxed or eliminated. Also, the AWO Analysis. The average cost per vessel of provided any data or analysis that recommended that the Coast Guard the final rule on a daily basis represents would directly quantify or monetize delete sections on electrical system an increase of 0.7 percent to 2.75% of such benefits. requirements in the final rule. Another barge daily operating costs, exclusive of Numerous commenters, while commenter argued that subchapter M fuel costs. The ability of towing vessel agreeing with the proposed regulations are unnecessary and asked owners to pass along these cost requirements in principle, expressed a for an exemption or extension for increases to shippers will depend on concern that the costs of complying longtime existing companies that have many factors that make up the elasticity with subchapter M would exceed the always operated in full compliance with of demand, which will vary depending benefits and should be either avoided existing regulations because these new on the cargo, route, and transportation altogether or mitigated by following a regulations may force them out of alternatives available. Towing vessels risk-based approach. The majority of business. and barges typically carry commodities these commenters felt that benefits The Coast Guard believes it in bulk, including coal, petroleum, should be justified by each towing inappropriate to grant an exemption crude materials (such as forest products, vessel’s individual casualty history and from all new requirements under sand, gravel, ores, scrap, and salt), and risk. For example, a vessel that has not subchapter M or grandfathering of 20 food and farm products (Figure J–1). been involved in any accident but is not years for existing equipment. However, The analysis of the impact of the compliant with some or all of the the Coast Guard agrees that some of the increase in towing vessel daily requirements of subchapter M should requirements for machinery and operating costs on the shippers will be not be considered a risk to the maritime electrical systems in part 143 may have different for each commodity and route. industry and should be granted been too burdensome and were An analysis of shipping rates for grain exemption or grandfathered from some unnecessary for existing vessels, so they indicates that barge shipping rates are or all of subchapter M requirements. have been removed from this final rule. volatile, sometimes doubling from one The Coast Guard agrees in part. The One commenter suggested that coal year to the next, reacting quickly to regulatory impact analysis we provide and grain barge handlers, which are sudden changes in export demand, in the docket discusses at length why generally small businesses, should not weather constraints on the rivers, or and how owners and operators of have the same TSMS requirements as larger-than-expected crops. The final regulated entities will benefit from the larger companies. Another commenter rule requirements are expected to requirements of the final rule. The fact asked Coast Guard to provide a template represent average increases in operating that no incident has occurred yet on a for a scaled-down version of a TSMS costs of 0.7 to 2.75 percent, only a small particular vessel, especially one that that might be less overwhelming for fraction of normal variability in rate. does not comply with the requirements small towing vessel operations. A third

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commenter suggested that small docket submission USCG–2006–24412– identify opportunities to minimize operators should not be required to 0017. impacts on small businesses while still implement and maintain certain parts of achieving risk reduction. As described 4. Small Business Impacts the TSMS, such as the Behavioral-Based previously, we have provided Safety program. We received several comments from opportunities for lower-cost compliance In the final rule, TSMS requirements small business owners and operators on options for some requirements and are neither modified for different classes the economic impact of subchapter M changed the applicability of some of towing vessels nor scaled down or requirements. Some were opposed to requirements so that existing vessels exempted for small towing vessel the new requirements, but did not would not have to undergo costly operators. However, as previously provide specific information or data retrofits. The Coast Guard estimates that noted, the TSMS is scalable. It can be about how they would be impacted. the average cost of compliance per tailored to the operation of a small Others requested either an exemption or vessel during the phase-in period is company and simplified to address a grandfathering from some or all of the $16,267, with an additional $5,045 cost limited set of assets, process, and requirements, so that they could avoid per company. The deficiency data from personnel. For a small business operator or mitigate the economic impacts and the Bridging Program and towing vessel with a fleet of one or two vessels the continue to serve the towing vessel boardings (which represents over 99 TSMS may be a short document. industry. A discussion of comments percent of the towing vessel fleet) Further, owners and operators can received on small business impacts indicates that many deficiencies are choose the Coast Guard inspection follows. relatively rare (5 percent or less of option. Many commenters felt that subchapter vessels), making it unlikely that a vessel Behavior-based safety has been M requirements would hurt small would incur the cost of every regulatory described as an approach that focuses business owners and their employees requirement. on what people do, analyzes why and could put many small entities out people take these actions, and then of business. However, they did not V. Regulatory Analyses applies a research-supported provide specific data as to how much of We developed this final rule after intervention strategy to obtain a more an economic burden they expected the considering numerous statutes and desired outcome. (Geller, E. Scott, new requirements to place on their executive orders related to rulemaking. 2004). Subchapter M does not operational costs. The most specific Below, we summarize our analyses specifically prescribe the use of comment was that new recordkeeping based on these statutes or executive behavior-based safety to address specific requirements alone would mean that the orders. elements of the TSMS, however some owner or operator would have to hire companies have chosen to use this one or more new full time workers. A. Regulatory Planning and Review approach to help modify employees Other commenters estimated the overall E.O.s 12866 (‘‘Regulatory Planning behaviors to enhance safety within their costs of subchapter M requirements in a and Review’’) and 13563 (‘‘Improving organization. range of $100,000 to $250,000 per vessel Regulation and Regulatory Review’’) We do not believe a template is and several million dollars per direct agencies to assess the costs and needed to comply with TSMS company. benefits of available regulatory requirements. As discussed in previous Other commenters expressed concern alternatives and, if regulation is sections, we have clarified TSMS that their companies would not be able necessary, to select regulatory requirements in this rule and we intend to pay for these unspecified subchapter approaches that maximize net benefits to issue guidance documents related to M requirements, and therefore, either be (including potential economic, TSMSs and TPOs as necessary, and forced out of business or be acquired by environmental, public health and safety these guides may contain examples of larger entities in the towing vessel effects, distributive impacts, and such documents. industry. One commenter argued that equity). E.O. 13563 emphasizes the One commenter stated that the TSMS lenders will delay lending and review importance of quantifying both costs should be the only approved method (to existing ship mortgages to reassess their and benefits, of reducing costs, of obtain a Certificate of Inspection) under collateral positions, because many harmonizing rules, and of promoting the final rule and recommended that the owners and operators of small towing flexibility. Coast Guard option be removed because vessel fleets will not be able to afford This final rule is a significant a TSMS is scalable and can be the costs to comply with subchapter M regulatory action under section 3(f) of developed in a cost-effective manner requirements. Another commenter E.O. 12866. The Office of Management that many small companies can adapt stated that his company would lose the and Budget (OMB) has reviewed it to. ability to borrow against their boats if under that Order. It requires an The Coast Guard disagrees that the they cannot comply with the new assessment of potential costs and TSMS should be mandatory. Although regulations. One commenter estimated benefits under section 6(a)(3) of E.O. we recognize that the TSMS is scalable that no less than 20 percent of the 12866. A final assessment is available in and can be developed in a cost- aggregate U.S. towing fleet would be put the docket, and a summary follows. conducive manner, some towing out of business if the NPRM, as written, A Final Regulatory Analysis (RA) is companies may lack the resources or is published as a final rule. However, available in the docket where indicated expertise to develop and implement a these commenters did not provide under the ‘‘Public Participation and TSMS. The Coast Guard inspection specific data or information to support Request for Comments’’ section of this option is intended to provide greater their concerns. preamble. A summary of the RA regulatory flexibility to such companies, The Coast Guard appreciates these follows: or any that may not want to use a TSMS comments on the potential economic This rulemaking implements section for other reasons. As noted above in impact of the proposed rule on small 415 of the Coast Guard and Maritime section IV.B, offering this option is businesses. Based on these comments Transportation Act of 2004. The intent consistent with one of ABSG and other comments on the range of of the final rule is to promote safer work Consulting’s recommendations in its compliance costs, we have re-evaluated practices and reduce casualties on 2006 final report to the Coast Guard. See the requirements in the proposal to towing vessels by ensuring that

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inspected towing vessels adhere to its approach to meeting the vessels and necessary to fulfill Congress’ prescribed safety standards and adopted requirements of the regulations, while it intent in the 2004 and 2010 Acts. safety management systems. The Coast provides continuous oversight using Additionally, when towing vessels Guard recognizes that establishing audits, surveys, inspections, and receive their Certificates of Inspection minimum standards for the towing reviews of safety data. This would this will trigger the following vessel industry is necessary. Vessel improve the safety of towing vessels and requirements outside of subchapter M operation, maintenance, and design provide greater flexibility and efficiency for inspected vessels: must ensure the safe conduct of towing for towing vessel operators. As a result • Part 136, Certification will require vessels. The final rule improves the of this rulemaking, operators would be the assessment of user fees, per 46 safety and efficiency of the towing able to call upon third parties or the U.S.C. 2110 and 46 CFR 2.10–101, Table vessel industry. Coast Guard to conduct compliance 2.10–101; (requiring user fee for vessel In this final rule, the Coast Guard inspection services and certifications). activities when and where they are • requires towing vessels subject to this needed. 46 CFR 15.820(a) requires a Chief rulemaking to undergo annual Coast Engineer on certain inland towing Guard inspections or, in the alternative, Although the 2004 Act added towing vessels. be part of a safety management system. vessels to the list of vessels subject to • 33 CFR 155.710(e)(1) requires a If the safety management system option Coast Guard inspection and the 2010 Person-in-Charge (PIC) for certain fuel is chosen, the rule requires companies Act directed the Secretary to issue a transfers on towing vessels to be that operate inspected towing vessels to final rule on the inspection of towing credentialed officer or to hold an MMC create a TSMS, continue with existing vessels containing towing safety with a Tankerman-PIC endorsement. systems that comply with the provisions management system provisions, they See the ‘‘Discussion of Final Rule’’ of the International Safety Management did not prescribe how this inspection section for a detailed discussion of this (ISM) Code, or continue under another program must be designed, developed final rule and see the RA for a detailed system the Coast Guard determines to be and implemented. Therefore, we discussion of costs, benefits and equivalent to the TSMS. consider all the new parts under the alternatives considered. Table 3 This final rule would allow each new subchapter M as discretionary, but summarizes the impacts of this towing vessel organization to customize integral to the safe operations of towing rulemaking.

TABLE 3—SUMMARY OF AFFECTED POPULATION, COSTS AND BENEFITS

Category Final rule

Populations: Applicability ...... All U.S. flag towing vessels engaged in pushing, pulling, or hauling alongside, with exceptions for work boats and limited service towing vessels. Affected Population ...... 5,509 vessels. 1,086 companies. Costs: Total Costs ($ millions, 7% dis- $41.5 (annualized). count rate). $291.2 (10-year). Industry Costs ($ millions, 7% $32.7 (annualized). discount rate). $229.6 (10-year). Net Government Costs ($ mil- $8.8 (annualized). lions, 7% discount rate). $61.6 (10-year). Benefits: Benefits ($ millions, 7% dis- $46.4 (annualized, millions). count rate). $325.6 (10-year). Unquantified Benefits ...... Reduced congestion and delays from lock, bridge and waterway closures. Reduced risk of low and medium severity towing vessel accidents and accidents with limited information in the case report.

Table 4 summarizes the changes in RA. These changes to the RA came from data and information that informed our the final rule as we moved from the either policy changes, public comments regulatory analysis. NPRM to this final rule, and Table 5 received after the publication of the below summarizes the changes in the NPRM, or simply from updating the

TABLE 4—SUMMARY OF NOTABLE CHANGES FROM NPRM TO FINAL RULE

NPRM FR Section Impact on regulatory Section No. No. Summary analysis

1.03–55 Added section: ‘‘Appeals from decisions or actions under subchapter M of this Added costs for appeals. chapter’’. 15.535 ...... 15.535 Clarified that the requirements of § 15.515 apply in addition to those of this sec- Included cost of compli- tion, and that the requirements of this section apply regardless of assistance ance with § 15.515. towing or being under 200 GRT. 136.172 Maintains current requirements for existing towing vessels for 2 years or until the Maintains existing costs for vessel obtains a COI, whichever period is shorter. existing vessels. 138.310 ...... 138.310 Added ISO 9001–2008 as an option for auditor/assessor compliance ...... No change—adds compli- ance flexibility.

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TABLE 4—SUMMARY OF NOTABLE CHANGES FROM NPRM TO FINAL RULE—Continued

NPRM FR Section Impact on regulatory Section No. No. Summary analysis

138.505 ...... 138.505 Edited section to specify where in the Coast Guard audits should be sent ...... No change—clarifies who receives reports. 139.110 ...... 139.110 Introduced delineation that recognized classification societies qualify to do TPO No change—adds compli- audits and authorized classification societies to do as TPO surveys. ance flexibility. 139.120 ...... 139.120 Changed address to which applications should be sent, added paragraph requir- No change—clarifies who ing applications to include information about the organization’s means of assur- receives reports and ing the availability of its personnel. assures availability of personnel. 139.130 ...... 139.130 For auditors, added ‘‘licensed mariner’’ to a list of types of relevant marine experi- No change—adds compli- ence, and added ISO 9001–2008 as an option in addition to ISO 9001–2000. ance flexibility. 139.160 ...... 139.160 Removed paragraph saying that the Coast Guard may require a replacement of a No change—adds compli- third-party auditor. ance flexibility. 140.435 ...... 140.435 Deleted requirements for certain vessels to carry automatic external defibrillators Removed costs of AEDs. and train crewmembers in their use. 140.505 and 140.505 Eliminated § 140.520 requirements for maintaining personnel hazard exposure Greatly reduced costs for 140.520. and medical records and revised § 140.505 requirement to keep records of keeping records on health and safety incidents, including any medical records associated with the crewmember health by incidents. limiting them to those associated with inci- dents, added costs for records of safety inci- dents. 140.605 ...... 140.605 Clarified requirements associated with stability letter are only applicable to ves- Revised costs to include sels that already have a stability letter, added paragraph requiring all owners or alternative methods of operators to maintain watertight integrity and stability. compliance. 140.645 ...... 140.645 Added paragraph accepting credentialed mariners as meeting the requirements of No change—adds compli- this section. ance flexibility. 140.915 ...... 140.915 Added examinations and tests, and fire-detection and fixed fire-extinguishing sys- Revised costs for TVR. tems to the list of items that must be recorded in the TVR, and specified re- quirements for items recorded electronically. 141.305 ...... 141.305 Changes to Table 141.305: Removed buoyant apparatus and life float references No change—improves in cold water operation; removed life float and inflatable buoyant apparatus ref- readability and ref- erences in warm water operation; moved inflatable liferaft with SOLAS A pack erencing; substitution al- to bottom of both cold and warm water operation to delineate increasing level lowance provides com- of safety hierarchy; and inserted the term ‘‘rigid’’ in front of buoyant apparatus pliance flexibility. so as not to confuse with inflatable buoyant apparatus. Added additional substi- tution options for survival craft in § 141.305(d)(2)(ii)–(iv) based on increasing level of safety hierarchy of same. 141.330 ...... 141.330 Removed reference to Table 141.305 and limitations on approval of survival craft No change—adds compli- starting in 2015, added the option of using a skiff for towing vessels that only ance flexibility. operate within 3 miles of shore, rephrased section. 141.340 ...... 141.340 Replaced reference to 46 CFR 199.620(c) with a reference to several approval No change—adds compli- series, specified and rephrased requirements for lifejackets in TSMS. ance flexibility. 141.360 ...... 141.360 Replaced reference to 46 CFR 199.70 with a reference to several approval se- No change—adds compli- ries, specified and rephrased requirements for lifebuoys in TSMS. ance flexibility. 142.215 ...... 142.215 Rephrased for clarity, added paragraph allowing approval by the Coast Guard, No change—adds compli- OCMI, TPO, or a NRTL of new installations of fire-extinguishing or fire-detec- ance flexibility. tion equipment. 142.225 ...... 142.225 Rephrased for clarity, added FM 6050 as an acceptable standard for storage cab- No change—adds compli- inet design. ance flexibility. 143.200 ...... 143.200 Delayed implementation of part 143 requirements for existing vessels, consoli- Removed certain costs for dated applicability and grandfathering requirements from other subparts into existing vessels, delays one section. other costs. 143.245 ...... 143.230 Rephrased for clarity, added requirements for alarms at operating stations, re- Added costs for alarms at moved language describing possible exceptions. additional operating sta- tions. 143.420 ...... 143.595 Renamed, deleted requirements for propulsion engine fuel lines and independent Removed costs for existing auxiliary steering systems. vessels. 144.315 ...... 144.300, Added possible standards for an existing vessel without a stability document to Revised costs to include 144.315 meet. alternative methods of compliance.

TABLE 5—CHANGES IN REGULATORY ANALYSIS FROM NPRM TO FINAL RULE

Element of regulatory analysis Reason changed Explanation of change

Credentialing requirements under Public comment ...... Added cost estimate for requirements in part 15 that are triggered part 15. when vessel becomes ‘‘inspected’’. 10-year undiscounted esti- mated at $2.8 million.

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TABLE 5—CHANGES IN REGULATORY ANALYSIS FROM NPRM TO FINAL RULE—Continued

Element of regulatory analysis Reason changed Explanation of change

Parts 141 Lifesaving and 142 Fire Public comment...... Added cost estimates for requirements in Parts. 10-year Protection. undiscounted estimated at $27.8 million for Part 141 and $7.0 mil- lion for Part 142. Part 136 Certification and Part 137 Policy change ...... Added cost estimates for appeals. Vessel Compliance. Part 140 Operations ...... Public comment ...... Added costs for certain operational requirements, including navigation assessments. Machinery and electrical systems Policy change ...... Grandfathering of existing vessels or vessels whose construction equipment under part 143. began before the effective date of the final rule for §§ 143.555, 143.560, 143.565, 143.570, 143.575, 143.585, 143.605. 10-year undiscounted estimated cost is $41.4 million in the final rule and could exceed $300 million if not grandfathered (see Alternative 3). Construction and arrangement Policy change ...... Grandfathering of existing vessels or vessels whose construction under part 144. began before the effective date of the final rule for §§ 144.135 and 144.145(b). 10-year undiscounted estimated cost is $5.4 million in the final rule. Affected population ...... Update to reflect current fleet com- Reviewed current data sources on towing vessel fleet and ownership position and more comprehen- and increased affected population estimate to 5,509 (from 5,208 in sive data sources. the NPRM). Costs of equipment or activities ...... Update to reflect current prices ..... Collected current price data or updated prices used in NPRM by CPI. Public comment ...... Incorporated public estimates for drydock inspections in the range of costs. Added estimate for lost revenues during certain activities. Wages ...... Updated BLS data ...... Revised labor cost by using May 2013 BLS data. Benefit valuation ...... Updated value of a statistical life Updated VSL and injury valuation to reflect current guidance. (VSL) and injuries values. Accident analysis ...... Updated data from recent years ... Reflected most recent 12 years of accident history (2002 to 2013). Impacts of Rule Requirements on Public comment ...... Added assessment of cost to shippers in Appendix J. Cost to Shippers.

Affected Population other subchapters that result from the present value cost to industry from We estimate that 1,086 owners and inclusion of towing vessels as inspected subchapter M requirements over the 10- managing operators (companies) would vessels, to industry and government. year period of analysis is $227.7 incur additional costs from this During the initial phase-in period (years million, discounted at 7 percent, and rulemaking. The rulemaking would 1 and 2), we estimate the annual cost to $286.8 million, discounted at 3 percent. affect a total of 5,509 vessels owned and industry from subchapter M Over the period of analysis, we estimate operated by these companies. Our cost requirements of the rulemaking to range the annualized costs to be $32.4 million assessment includes existing and new from $15.8 million to $26.5 million at 7 percent and $33.6 million at 3 vessels. (non-discounted). After the initial percent. Table 6 summarizes the costs of phase-in, the annual costs to industry Costs this final rule to industry for subchapter from subchapter M requirements range M requirements. We estimated costs resulting from the from $19.2 million to $56.4 million addition of subchapter M and costs in (non-discounted). We estimate the total

TABLE 6—SUMMARY OF SUBCHAPTER M COSTS TO INDUSTRY [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.5 $24.8 $25.7 2 ...... 15.8 13.8 14.9 3 ...... 19.2 15.7 17.6 4 ...... 22.6 17.2 20.1 5 ...... 33.0 23.6 28.5 6 ...... 35.7 23.8 29.9 7 ...... 44.5 27.7 36.2 8 ...... 56.4 32.8 44.5 9 ...... 46.0 25.0 35.3 10 ...... 45.8 23.3 34.1

Total * ...... 345.6 227.7 286.8 Annualized ...... 32.4 33.6 * Values may not total due to rounding.

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Additional costs to industry for ‘‘inspected’’. We estimate the total Over the period of analysis, we estimate requirements outside of subchapter M present value cost of the industry non- the annualized industry costs for will result from the triggering of subchapter M requirements over the 10- requirements outside of subchapter M to certification for persons in charge year period of analysis to be $1.9 be $0.3 million at 7 percent and 3 during oil transfer requirements by million, discounted at 7 percent, and percent. Table 7 summarizes the costs of designating towing vessels as $2.4 million, discounted at 3 percent. this final rule to industry.

TABLE 7—SUMMARY OF COST TO INDUSTRY FOR REQUIREMENTS OUTSIDE OF SUBCHAPTER M [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.0 $0.0 $0.0 2 ...... 0.0 0.0 0.0 3 ...... 0.4 0.4 0.4 4 ...... 0.4 0.3 0.4 5 ...... 0.4 0.3 0.3 6 ...... 0.4 0.3 0.3 7 ...... 0.0 0.0 0.0 8 ...... 0.4 0.3 0.3 9 ...... 0.4 0.2 0.3 10 ...... 0.4 0.2 0.3

Total * ...... 2.8 1.9 2.4 Annualized ...... 0.3 0.3 * Values may not total due to rounding

We estimate the total cost to industry and $289.1 million, discounted at 3 industry to be $32.7 million at 7 percent over the 10-year period of analysis to be percent. Over the period of analysis, we and $33.9 million at 3 percent. Table 8 $229.6 million, discounted at 7 percent, estimate the annualized costs to shows these estimates.

TABLE 8—SUMMARY OF TOTAL COST TO INDUSTRY [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.5 $24.8 $25.7 2 ...... 15.8 13.8 14.9 3 ...... 19.7 16.1 18.0 4 ...... 23.0 17.5 20.4 5 ...... 33.4 23.8 28.8 6 ...... 36.1 24.0 30.2 7 ...... 44.5 27.7 36.2 8 ...... 56.8 33.1 44.8 9 ...... 46.4 25.3 35.6 10 ...... 46.2 23.5 34.4

Total * ...... 348.4 229.6 289.1 Annualized ...... 32.7 33.9 * Values may not total due to rounding

We anticipate that the government applications for a TSMS, conduct $85.6 million discounted at 7 percent will incur costs. For towing vessels that random boardings and compliance and $110.6 million discounted at 3 choose to comply with annual Coast examinations, and oversee third parties. percent. Annualized full costs to Guard inspections, the government will Table 9A displays the full cost to the government are about $12.2 million at 7 incur costs to conduct those government. We estimate the total percent and $13.0 million at 3 percent inspections. For other vessels choosing present value full cost to government discount rates. the TSMS option to comply, the over the 10-year period of analysis to be government will incur costs to review

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TABLE 9A—SUMMARY OF FULL COST TO GOVERNMENT [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.1 $0.1 $0.1 2 ...... 0.1 0.1 0.1 3 ...... 9.5 7.7 8.7 4 ...... 12.5 9.5 11.1 5 ...... 15.4 11.0 13.3 6 ...... 17.2 11.4 14.4 7 ...... 20.7 12.9 16.8 8 ...... 20.5 11.9 16.1 9 ...... 20.0 10.9 15.3 10 ...... 19.7 10.0 14.7

Total ...... 135.6 85.6 110.6 Annualized ...... 12.2 13.0

The user fee paid by towing vessel of costs, we account for this transfer by transfer. Table 9B shows the amount of owners and operators for obtaining the subtracting the amount of the user fee to the user fees to be collected over the 10- COI is a transfer from industry to the be collected from the government costs year analysis period. government. To avoid double-counting to calculate government costs net of the

TABLE 9B—TRANSFER: UNDISCOUNTED USER FEES TO BE COLLECTED BY THE GOVERNMENT IN PART 136 BY YEAR [$ million]

Total annual Total user fees Year number of transferred user fees to govt. * collected ($ million)

1 ...... 0 $0.000 2 ...... 0 0.000 3 ...... 1,604 1.652 4 ...... 3,150 3.245 5 ...... 4,352 4.483 6 ...... 5,509 5.674 7 ...... 5,509 5.674 8 ...... 5,509 5.674 9 ...... 5,509 5.674 10 ...... 5,509 5.674 Total ...... 37.751 * The total annual user fees are calculated by multiplying the total number of user fees collected by the user fee, $1,030.

We estimate the total present value at 7 percent and $79.5 million percent discount rates. Table 9C cost to government net of the transfer discounted at 3 percent. Annualized net summarizes the net costs of this rule to via user fee over the 10-year period of government costs are about $8.8 million government after deducting the user fee analysis to be $61.6 million discounted at 7 percent and $9.3 million at 3 transfer.

TABLE 9C—SUMMARY OF GOVERNMENT COST NET OF TRANSFER PAYMENT [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $0.1 $0.1 $0.1 2 ...... 0.1 0.1 0.1 3 ...... 7.8 6.3 7.1 4 ...... 9.2 7.0 8.2 5 ...... 10.9 7.8 9.4 6 ...... 11.4 7.6 9.6 7 ...... 14.9 9.3 12.1 8 ...... 14.7 8.6 11.6 9 ...... 14.2 7.7 10.9 10 ...... 14.0 7.1 10.4

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TABLE 9C—SUMMARY OF GOVERNMENT COST NET OF TRANSFER PAYMENT—Continued [$ Millions]

Discounted Year Undiscounted 7% 3%

Total * ...... 97.3 61.6 79.5 Annualized ...... 8.8 9.3 * Values may not total due to rounding

We estimate the combined total 10- percent, and $368.6 million discounted Table 10 summarizes the total year present value cost of the at 3 percent. The annualized costs are combined costs of this rule. rulemaking to industry and government $41.5 million at 7 percent and $43.2 is $291.2 million discounted at 7 million at 3 percent.

TABLE 10—SUMMARY OF TOTAL COST (SUBCHAPTER M AND NON-SUBCHAPTER M INDUSTRY COSTS, NET GOVERNMENT COSTS) [$ Millions]

Discounted Year Undiscounted 7% 3%

1 ...... $26.6 $24.9 $25.8 2 ...... 15.9 13.8 14.9 3 ...... 27.5 22.4 25.1 4 ...... 32.2 24.5 28.6 5 ...... 44.3 31.6 38.2 6 ...... 47.5 31.7 39.8 7 ...... 59.5 37.0 48.4 8 ...... 71.5 41.6 56.4 9 ...... 60.6 33.0 46.5 10 ...... 60.2 30.6 44.8 Total * ...... 445.8 291.2 368.6 Annualized ...... 41.5 43.2 * Values may not total due to rounding

Table 11 summarizes the total TABLE 11—SUMMARY OF TOTAL Economic Impacts of Towing Vessel combined costs of this rule by part. ANNUALIZED COST BY PART—Con- Casualties tinued Towing vessel casualties are incidents TABLE 11—SUMMARY OF TOTAL (i.e., accidents) that involve the towing ANNUALIZED COST BY PART Annualized costs vessel and possibly other vessels such Part (7%, millions) as barges, other commercial vessels, and Annualized costs Part (7%, millions) Non-Subchapter M recreational vessels. Towing vessel Costs ...... 0.3 accidents can cause a variety of negative Costs to Industry Total to Industry * ...... 32.7 economic impacts, including loss of life, 136: Certification ...... $3.4 Net Government Costs 8.8 injuries, property damage, delays on 137: Compliance ...... 10.8 Total Rule Cost * ...... 41.5 transportation infrastructure, and 138: Towing Safety * Values may not total due to rounding damage to the environment. Management System 2.0 Based on Coast Guard Marine 139: Third-Party Organi- The total, 10-year undiscounted costs Information for Safety and Law zations ...... 0.04 of statutory mandate requirements are as Enforcement (MISLE) data for the recent 140: Operations ...... 7.3 follows: period of 2002–2013, towing vessel 141: Lifesaving ...... 3.2 • $38.1 million for the annual vessel accidents are associated with 18 142: Firefighting ...... 0.8 inspection fees under 46 CFR 2.10–101, fatalities per year. Towing vessel 143: Mechanical and Table 2.10–101 for vessels requiring a accidents also result in an average of 37 Electrical ...... 4.0 certification of inspection. reportable injuries per year (for the 144: Construction and • Arrangement ...... 0.6 $2.8 million for credentialing period of 2002–2013). Table 12 requirements outside of subchapter M summarizes some of the negative Total Subchapter M that are triggered when a vessel becomes impacts resulting from towing vessel Costs * ...... 32.4 ‘‘inspected’’. accidents.

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TABLE 12—NEGATIVE IMPACTS FROM TOWING VESSEL ACCIDENTS [2002–2013]

Average mon- etary Impact Total effects Total monetary dam- Average damage per ages (in millions) per year year (in millions)

Fatalities (See Note 1) ...... 217 ...... $1,974.700 ...... 18 $164.558 Injuries ...... 443 ...... $300.145 ...... 37 25.012 Property Damage (See Note 2) ...... 603 incidents with property damage ...... $600.055 ...... 50 50.005 Gallons of Oil Spilled ...... 5,192,937 gallons of oil spilled ...... $408.251 (See Note 432,745 34.021 3).

Total Damage ...... $3,283.151 ...... 273.596 Notes: (1) Fatality values are based on a $9.1 million value of a statistical life referenced in Guidance on Treatment of the Economic Value of a Statistical Life in U.S. Department of Transportation Analyses, US DOT, 2013, available at http://www.dot.gov/sites/dot.dev/files/docs/ VSL%20Guidance%202013.pdf. (2) Property damage includes property and cargo damages as reported in MISLE. (3) Oil spilled damages are based on a $254 damage per gallon of oil spilled as indicated by Inspection of Towing Vessels, Notice of Pro- posed Rulemaking, Preliminary Regulatory Analysis and Initial Regulatory Flexibility Analysis, USCG–2006–24412, July 2011, available at http:// www.regulations.gov/#!documentDetail;D=USCG-2006-24412-0002 adjusted for actual costs for certain high volume gallons of oil spilled gallons of oil spilled spills reported to the National Pollution Funds Center.

Benefits of the Towing Vessel Final Rule towing vessel accidents and their discounted benefits at $325.6 million consequences. discounted at 7 percent and $403.8 The Coast Guard developed the Based on Coast Guard investigation million discounted at 3 percent. Over requirements in the rule by researching findings for towing vessel accident cases the same period of analysis, we estimate both the human factors and equipment from 2002–2013, we estimate that the annualized benefits of the final rule to failures that contribute to the risk of final rule would lead to significant be $46.4 million at a 7 percent discount towing vessel accidents. We believe that reductions in fatalities, injuries, rate and about $47.3 million at a 3 the rule would comprehensively property damaged, and oil spilled. percent discount rate, respectively. address a wide range of risks of towing These improvements in safety are Table 13 displays the monetized vessel accidents and supports the main expected to occur over a 10-year period benefits of this final rule associated with goal of improving safety in the towing as the various provisions of the final reducing fatalities, injuries, property industry. The primary benefit of the rule are phased-in. Accounting for this final rule is an increase in vessel safety phase-in of requirements and resulting damage, and oil spilled, resulting from and a resulting decrease in the risk of benefits, we estimate total 10-year towing vessel accidents.

TABLE 13—TOTAL BENEFITS [$ Millions] *

Total

Year Undiscounted Discounted benefits benefits 7% 3%

1 ...... $26.2 $24.5 $25.4 2 ...... 26.2 22.9 24.7 3 ...... 50.8 41.4 46.5 4 ...... 52.0 39.7 46.2 5 ...... 53.2 37.9 45.9 6 ...... 54.4 36.3 45.6 7 ...... 54.4 33.9 44.3 8 ...... 54.4 31.7 43.0 9 ...... 54.4 29.6 41.7 10 ...... 54.4 27.7 40.5

Total ...... 480.6 325.6 403.8 Annualized ...... 46.4 47.3 * Values may not total due to rounding.

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Table 14 displays the annualized economic consequences may include amount of information and findings in benefits broken out by Part. Part 140 the following: the report of the incident found in accounts for the largest share of the • Productivity losses and operating MISLE. The benefit estimates do not benefits at $17.1 million annualized at costs for stalled barge and other traffic; include accidents for which there was a a 7 percent discount rate. • Delays in the acquisition of lack of detailed information in the case production inputs that can impact report to make a risk reduction TABLE 14—TOTAL ANNUALIZED timely operation of manufacturing or determination, resulting in an BENEFITS BY PART other processes; underestimation of benefits. Lack of • [$ millions] * Blockages of U.S. exports that can data in the cases of the low and medium result in decreased revenue from severity incidents, implies that our Annualized importing foreign companies; benefits are underestimated. quantified • Loss of quality for industries Comparison of Costs to Benefits Part benefits dealing with time sensitive products or The estimate for the total costs of the 7% products with a limited shelf life, such as commercial fishing seafood rule is $41.5 million (annualized at a 7 136–138 ...... $3.1 processors, seafood dealers, or other percent discount rate). The estimate for 139 ...... 1.1 food processors and manufacturers; and monetized benefits is $46.4 million 140 ...... 17.1 • Reduced recreational opportunities, (annualized at a 7 percent discount 141 ...... 4.4 resulting in social welfare losses. rate), based on the mitigation of risks 142 ...... 1.2 To estimate the amount of delay from towing vessel accidents in terms of 143 ...... 11.1 caused by towing vessel incidents, we lives lost, injuries, oil spilled, and 144 ...... 8.3 examined the 20 most severe recorded property damage. Subtracting the Total Rule Benefits ...... 46.4 towing vessel incidents from MISLE and monetized costs from the monetized sample cases for these other benefits yields a net benefit of $4.9 * Values may not total due to rounding. consequences and quantified their million. We also identified, but did not Unquantified Benefits effects. Of the 20 incidents we were able monetize, other benefits from reducing to use archived journal sources and the risk of accidents that have secondary These estimates do not include the Coast Guard incident reports to estimate consequences of delays and congestions value of benefits that we have not number of vessels subject to a delay and on waterways, highways, and railroads. quantified, including preventing delays total hours of delay for 13 incidents. As shown in Table 15 below, by part, and congestion due to towing vessel Based on our analysis detailed in the the operational requirements in part 140 accidents. We are unable to monetize Regulatory Analysis, these 13 incidents have the highest net benefits at $9.8 the value of preventing other resulted in 28,883 vessel hours of delay. million. Parts 139 and 141 through 144 consequences of towing vessel If we apply a low end estimate of the also have positive net benefits. Parts 136 accidents, including delays and costs to operate a towing vessel per through 138 have negative net benefits congestion, due to a lack of data and hour, the delay costs for these 13 of ¥$13.2 million. Parts 136 through information. However, as discussed in incidents at least exceeded $10 million. 138 contain the requirements for the Regulatory Analysis available in the However, we do not have sufficient inspection, obtaining COIs, and TSMSs. docket, the potential value of other information to scale up these examples These activities facilitate the benefits could be substantial if towing to a nationwide estimate. enforcement of the requirements in the vessel accidents cause long waterway, In addition, the evaluation of other parts, so it is difficult to separate bridge, or road closures. For large potential benefits from reducing the risk benefits solely for the activities in Parts accidents that result in long delays, the of accidents is dependent upon the 136 through 138.

TABLE 15—COMPARISON OF BENEFITS AND COSTS BY PART ANNUALIZED, 7 PERCENT [$ millions]

Part Description Costs Benefits Net benefits

Costs to Industry

136–138 ...... Certification, Inspection, TSMS ...... $16.3 $3.1 ($13.2) 139 ...... TPOs ...... 0.04 1.1 1.1 140 ...... Operations ...... 7.3 17.1 9.8 141 ...... Lifesaving ...... 3.2 4.4 1.2 142 ...... Fire Prevention ...... 0.8 1.2 0.4 143 ...... Mechanical and Electrical ...... 4.0 11.1 7.1 144 ...... Construction and Arrangements ...... 0.6 8.3 7.7 Non-subchapter M Costs ...... 0.3 * NQ * NQ Government Cost ...... 8.8 * NQ * NQ

Total Combined Cost of Final Rule ...... 41.5 46.4 4.9 * NQ = Not quantified Totals may not add due to rounding.

Overall, the regulatory analysis operators of towing vessels the ability to industry into inspected status, and indicates that the preferred alternative customize compliance to their improve safety. provides owners and managing individual business models, move the

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Alternatives three alternatives that are illustrative of from becoming effective in Year 3 of the the types and range of the many rule (after the 2-year implementation At all stages of this rulemaking, alternatives that considered throughout period) to after the first round of initial including the development of the the rulemaking process. The alternatives inspections and issuance of COIs is NPRM, review of public comments, and explored include the following: complete (Year 6). the preparation of this final rule, we • Alternative 1: Limits the regulatory • considered numerous alternatives to the requirements to only the minimum Alternative 3: Does not rule requirements. During this process, required to meet the statutory ‘‘grandfather’’ existing vessels for we weighed the burden posed by a requirements of inspecting towing certain requirements in part 143 (i.e., requirement or group of requirements vessels. Parts 136 to 139 are retained, these requirements would apply to both against baseline risk and potential risk related to conducting inspections, new and existing vessels). reduction with the goal of improving issuing COIs, using TSMS’s and Alternatives 1–3 have net costs, safety of crew and public, and overseeing third parties. All operational, compared to net benefits under the enhancing environmental protection, fire and safety, equipment and design preferred alternative. A summary of the while minimizing the cost burden on requirements are removed. • costs and benefits of the alternatives are industry and government. We have Alternative 2: Delays the presented in Table 16. quantified the costs and benefits for operational requirements (Part 140)

TABLE 16—SUMMARY OF ALTERNATIVES [$ millions, 7% discount rate]

Annualized Annualized Net benefits or net Alternative Summary cost benefits costs *

Preferred Alternative: Final rule .. Full implementation of parts 136–144 ...... $41.5 $46.4 $4.9 net benefits. Alternative 1: Parts 136–139: In- Full implementation of parts 136–139. Removes $25.4 $4.2 ($21.2) net costs. spection/TSMS only. all other requirements. Alternative 2: Delayed Implemen- Full implementation of parts 136–139, parts 141– $38.2 $21.1 ($17.1) net costs. tation of part 140. 144. Delayed implementation of part 140. Alternative 3: No grandfathering Full implementation of parts 136–142. No $82.3 $55.9 ($26.5) net costs. of certain equipment and de- grandfathering of certain requirements in Part sign requirements in part 143. 143. * Net benefits do not include unquantified congestion and delay benefits. Totals may not add due to rounding.

The RA available in the docket (IRFA) unless it determines and certifies The Coast Guard did not certify that includes an analysis of the costs of this that a rule, if promulgated, would not the final rule will not have a significant rulemaking by requirement and have a significant economic impact on economic impact on a substantial provides an assessment of potential a substantial number of small entities. number of small entities. We received monetized, quantified and non- During the NPRM stage, the Coast Guard comments and data from several quantified benefits of this rulemaking. published an IRFA to aid the public in commenters on the IRFA, and that The RA also contains details and commenting on the potential small information was considered for the analysis of other alternatives considered entity impacts of the provisions in the FRFA. The RFA prescribes the content for this rulemaking. NPRM. All interested parties were of the FRFA in section 604(a), which we discuss below. B. Small Entities invited to submit data and information regarding the potential economic impact In accordance with the RFA (5 U.S.C. Overview of the Final Regulatory that would result from adoption of the 601–612), the Coast Guard prepared the Flexibility Act Analysis proposals in the NPRM. FRFA in the Regulatory Analysis document that examines the impacts of The Regulatory Flexibility Act (Pub. When an agency promulgates a final the final rule on small entities (5 U.S.C. L. 96–354)(RFA) establishes ‘‘as a rule under 5 U.S.C. 553, after being 601, et seq.). A small entity may be: principle of regulatory issuance that required by that section or any other law • A small independent business, agencies shall endeavor, consistent with to publish a general NPRM, or defined as any independently owned the objectives of the rule and of promulgates a final interpretative rule and operated business not dominant in applicable statutes, to fit regulatory and involving the internal revenue laws of its field that qualifies as a small informational requirements to the scale the United States as described in 5 business per the Small Business Act (5 of the businesses, organizations, and U.S.C. 603(a), the agency must prepare U.S.C. 632); governmental jurisdictions subject to a final regulatory flexibility assessment • A small not-for-profit organization; regulation. To achieve this principle, (FRFA) or have the head of the agency and; agencies are required to solicit and certify pursuant to 5 U.S.C. 605(b) that • A small governmental jurisdiction consider flexible regulatory proposals the rule will not, if promulgated, have (locality with fewer than 50,000 people). and to explain the rationale for their a significant economic impact on a This FRFA addresses the following: actions to assure that such proposals are substantial number of small entities. (1) A statement of the need for, and given serious consideration.’’ The RFA also requires an agency to objectives of, the rule; The RFA and Executive Order 13272 conduct a FRFA unless it determines (2) A statement of the significant require a review of proposed and final and certifies that a rule is not expected issues raised by the public comments in rules to assess their impacts on small to have a significant economic impact response to the IRFA, a statement of the entities. An agency must prepare an on a substantial number of small assessment of the agency of such issues, initial regulatory flexibility analysis entities. and a statement of any changes made in

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the proposed rule as a result of such industry. Regulatory action is required comments received on small business comments; to take steps to reduce risk industry- impacts. (3) The response of the agency to any wide and thereby obtain the socially Some commenters felt that subchapter comments filed by the Chief Counsel for optimal outcome. M requirements would hurt small Advocacy of the Small Business This final rule is authorized and made business owners and their employees, Administration (SBA) in response to the necessary by the 2004 Act, which made and could put many small entities out proposed rule, and a detailed statement towing vessels subject to inspection. of business. However, they did not of any change made to the proposed rule Further, the 2010 Act authorized the provide specific data on how much of in the final rule as a result of the Secretary to issue a rule containing a burden the requirements might be on comments; towing safety management system their operational costs. The most (4) A description of and an estimate provisions promulgated under 46 U.S.C. specific comment received noted that of the number of small entities to which 3306(j). recordkeeping proposals alone would the rule will apply or an explanation of The objective of this regulatory action require him to hire one or more new full why no such estimate is available; is to enhance the safe operations of time workers. Some other commenters (5) A description of the projected towing vessels on our nation’s pointed to the overall costs of reporting, recordkeeping and other waterways. The final rule seeks to fulfill subchapter M regulations that were compliance requirements of the rule, this objective by including towing previously put in a range of $100,000 to including an estimate of the classes of vessels on the list of vessels that Coast $250,000, per vessel, and potentially small entities which will be subject to Guard must inspect, improving the several million dollars per company for the requirement and the type of working environment of towing vessel business entities that owned multiple professional skills necessary for crews, and placing responsibility for the towing vessels. preparation of the report or record; (6) A description of the steps the safe operation of towing vessels on the Several other commenters, similar to agency has taken to minimize the owners or operators of the vessels. The the previous group of commenters also significant economic impact on small requirements of the final rule are expressed concern that their company entities consistent with the stated designed to encourage companies to would not be able to pay for these objectives of applicable statutes, engage at every level to improve safe requirements, and therefore, either be including a statement of the factual, operations, maintenance and design and forced out of business or be acquired by policy, and legal reasons for selecting adhere to prescribed safety standards. larger entities in the towing vessel the alternative adopted in the final rule (2) A statement of the significant industry. Due to these costly subchapter and why each one of the other issues raised by the public comments in M regulations one commenter argued significant alternatives to the rule response to the initial regulatory that lenders would delay lending and considered by the agency which affect flexibility analysis, a statement of the review existing ship mortgages to the impact on small entities was assessment of the agency of such issues, reassess their collateral positions. This rejected. and a statement of any changes made in commenter noted that this is because Below is a discussion of the FRFA for the proposed rule as a result of such many small towing vessel owners and each of these six elements: comments operators could not afford to comply (1) A statement of the need for, and On August 11, 2011, the Coast Guard with the requirements of the objectives of, the rule published an NPRM titled ‘‘Inspection regulations. Another commenter stated The need for Federal regulatory action of Towing Vessels’’ in the Federal that his company would lose the ability is due to the risk of potential accidents Register (76 FR 49976). The Coast Guard to borrow against their boats if they caused by towing vessels on the nation’s then held four public meetings, one can’t comply with the proposed maritime system. The consequences of each in Newport News, VA; New regulations. One commenter estimated towing vessel accidents can be severe, Orleans, LA; St. Louis, MO; and Seattle, that no less than 20 percent of the including fatalities; injuries; damage to WA. We received and considered a aggregate U.S. towing fleet would be put property, infrastructure and the combined total of more than 3,000 out of service, if the final rule goes into environment; and closure of comments, from more than 265 written effect as written in the NPRM. transportation assets and subsequent submissions and oral statements from The Coast Guard appreciates these delays. There is also a public demand 105 persons at public meetings, in comments on the economic impact of for improvements in the management of developing this final rule. We the final rule on small entities. the nation’s waterways. summarized these comments in the Cognizant of regulatory impacts on The casualties resulting from towing ‘‘Discussion of Comments and Changes’’ small entities, the Coast Guard sought to vessel accidents are examples of section of the preamble for the final minimize these impacts and has negative externalities that are relevant to rule. structured the final rule with this end in this final rule. The cost of a higher We received several comments from mind. The Coast Guard’s efforts to safety standard is borne by the towing small business owners and operators on minimize the cost impacts on small vessel owner or operator, while the cost the economic impact of subchapter M entities in the final rule include the of an accident could be distributed regulations. Some commenters were following. across various entities, including the opposed to new regulations and did not • Inspection compliance options: The vessel owner or operator, crew, other provide specific information or data on Coast Guard has retained from the vessel owners or operators, federal, how they will be impacted by its proposed rule flexibility in the method state, and local public service providers, requirements. Many other commenters for complying with inspections, either businesses, and private citizens. The requested either exemption or through Coast Guard inspections or a material failure of the private market in grandfathering from all or some of these TSMS. Some commenters suggested that reaching the socially optimal outcome regulations. These commenters wanted a TSMS be mandatory for all towing increases the risk to the public. An to completely avoid or mitigate the owners and operators and their vessels. uncompensated increase in risk impact of the regulations so they could However, the Coast Guard has instead currently exists due to inconsistent continue to serve the towing vessel continued to allow either option, so that safety practices in the marine towing industry. Below is a discussion of small entities can chose the approach

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that minimizes impacts on their exceeding $100,000 to $150,000 to U.S., U.S. Army Corps of Engineers; the particular business operations. retrofit vessels to meet these Inland River Record, Waterways • Automatic External Defibrillator requirements. Journal; the Coast Guard’s MISLE (AED): The Coast Guard has removed • Stability documents: The Coast system; Web sites and other public the requirement for towing vessels to Guard has changed certain requirements sources. From this database we have AEDs to reduce the cost impact of in part 144 to offer additional methods identified 5,509 vessels affected by this the final rule. The savings resulting for compliance. One commenter rule. There are 1,096 companies that from this change would be estimated at estimated that it could cost tens of own or operate these vessels. $2,500 per unit for each vessel. thousands of dollars to have a naval We used available operator name and • Pilothouse alerters: The Coast architect generate stability calculations address information to research public Guard has retained the requirement for under the NPRM proposal. Section and proprietary databases for entity type pilothouse alerters, but has limited 144.300(b) now offers three options for (subsidiary or parent company), primary applicability to larger towing vessels (in an existing vessel without a stability line of business, employee size, excess of 65 ft) with potentially higher document to meet part 144 revenue, and other information. We risk profiles. To reduce the burden of requirements: Findings based on the found 20 vessels owned by 17 this requirement, the Coast Guard has vessel’s operation or a history of governments and 6 owned by non- also allowed for a longer satisfactory service, successful profits. The remainder are business implementation period. For vessels less performance on operational tests, or a entities. For governmental jurisdictions, than 65 feet, the savings are the $5,410 satisfactory stability assessment. In we determined whether the jurisdiction cost of the alerter per vessel. particular, allowing for a vessel’s history had populations of less than 50,000 as • Equivalence of existing SMSs: For of satisfactory service in the final rule owners and operators that choose the per the criteria in the RFA. For provides a lower cost method for nonprofits, we qualitatively evaluated TSMS option, the Coast Guard has compliance, which should serve to sought to minimize additional effort to whether the nonprofit was reduce the cost on small entities. independently owned and operated and develop and implement a TSMS by (3) The response of the agency to any is not dominant in its field. For the establishing a process for granting comments filed by the Chief Counsel for businesses, we matched the owner equivalency between an existing SMS Advocacy of the Small Business information to the SBA’s ‘‘Table of and a TSMS. Also, under the final rule, Administration in response to the Small Business Size Standards’’ to compliance with ISM is equivalent to a proposed rule, and a detailed statement determine if an entity is small in its TSMS. This change has the potential to of any change made to the proposed primary line of business as classified in minimize efforts for the 51 percent of rule in the final rule as a result of the the North American Industry the affected population covered by an comments existing SMS, but the amount of the The Coast Guard did not receive any Classification System (NAICS). Of the savings has not been quantified. comments from the SBA’s Office of 20 vessels owned by 13 governments, 5 • Removing certain requirements for Advocacy regarding the impact that the are owned by small government existing vessels: In response to proposed rule would have on small jurisdictions (with fewer than 50,000 comments received on the NPRM, the entities. people). Of the 6 vessels owned by 3 Coast Guard has removed certain (4) A description of and an estimate non-profits, all are owned by non-profits requirements in parts 143 and 144 for of the number of small entities to which that are independently operated and not existing vessels to decrease the cost. In the rule will apply or an explanation of dominant in their field. the NPRM, the Coast Guard estimated why no such estimate is available There are a total of 26 NAICS-coded that certain requirements could cost in The final rule will affect the owners industries in the final rule’s affected the range of $5,000 to $20,000 per and operators of certain towing vessels. population and we show below the 11 requirement per vessel, at a total of We constructed a towing vessel fleet industries that appeared most frequently approximately $60,000 per vessel. database based on data from the in the affected population of owners or Commenters provided estimates at or Waterborne Transportation Lines of the operators of towing vessels.

TABLE 17—ELEVEN MOST FREQUENT INDUSTRIES AFFECTED BY THE FINAL RULE

Count of Percent of towing total NAICS vessel number of Code Description Small entity definition entities in towing each NAICS vessel code entities

483211 .. Inland Water Freight Transportation ...... <500 Employees ...... 71 31.8 488330 .. Navigational Services To Shipping ...... <$38,500,000 ...... 48 21.5 483113 .. Coastal and Great Lakes Freight Transportation ...... <500 Employees ...... 42 18.8 238910 .. Site Preparation Contractors ...... <$14,000,000 ...... 13 5.8 483111 .. Deep Sea Freight Transportation ...... <500 Employees ...... 10 4.5 213112 .. Support Activities For Oil & Gas Operations ...... <$35,500,000 ...... 5 2.2 237310 .. Highway Street & Bridge Construction ...... <$33,500,000 ...... 4 1.8 336611 .. Ship Building & Repairing ...... <1,000 Employees ...... 4 1.8 423320 .. Brick, Stone/Related Construction Material Merchant Whole- <100 Employees ...... 4 1.8 salers. 444190 .. Other Building Material Dealers ...... <$19,000,000 ...... 3 1.3 488320 .. Marine Cargo Handling ...... <$38,500,000 ...... 3 1.3

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We randomly selected a sample size time during the winter when that stretch TABLE 18—ANNUAL VESSEL FIXED of the 5,509 towing vessels to reach the of the River is closed and the vessels are COSTS AND UNIT ENTITY COSTS 95 percent confidence level. This idle. As a counter example, and entity FOR PHASE-IN AND FULL-IMPLEMEN- sample produced a set of 223 businesses with a fleet in constant operation may TATION PERIODS that own and operate the towing vessels. want to spread the Coast Guard No governments or non-profits were in inspections over the five-year period to Annual Annual our sample. Of the 223 businesses, there minimize disruptions to service. Thus, Period vessel entity were 43 companies that exceeded SBA fixed unit there is no one year in the full cost cost small business size standards, 113 implementation period that contains all companies considered small by the the cost elements for all vessels. To Phase-In ...... $11,480 $23,737 SBA, and 67 companies for which no provide a single reference year we Full Implementation .. 5,045 5,250 information was available. For the purposes of this analysis, we consider constructed a hypothetical ‘‘heavy load’’ In the regulatory analysis, we used all entities for which information was year that contains all the requirements MISLE deficiency data to estimate the not available to be small. Thus, there are for a vessel and an entity. This year number of vessels that would need to 180 businesses in our sample we includes a COI renewal for a TSMS make changes to comply with various consider to be small entities. vessel, the Coast Guard inspection, and a drydock inspection and other costs system or equipment standards. This Cost Methodology—Analysis Periods, that apply throughout this period. As generated population based estimates, Variable Costs, and Fixed Costs described below, the construct of the but did not identify the specific vessels The cost incurred by a particular ‘‘heavy load year’’ enabled the that would incur these compliance costs. small entity over the 10-year period of comparison of the costs for one year to analysis varies based on the period of revenue for one year. To estimate vessel variable costs, we years in question. For the purposes of adopted the Monte Carlo methodology this FRFA, we analyzed the cost impacts To conduct the small entity revenue used in the IRFA. We used the Monte on small entities for a representative impact analysis we divided the total Carlo as a tool to resolve the year within two periods, as the phase- annual costs of an entity for the two uncertainties related to which vessels in period of the initial two years and the periods into these three components: will need to comply with which full implementation period from Years 3 vessel annual variable costs, vessel requirements, each with their own unit through 10 have unique costs. During annual fixed costs, and unit annual costs and affected populations. The the phase-in period, companies will face entity costs. Vessel annual variable costs Monte Carlo model we developed initial implementation costs, such as the are those that are dependent upon the accounts for the ranges of unit costs and TSMS and conducting initial vessel characteristics or condition of the affected populations across the surveys. Over the following full vessel. Vessel annual fixed costs are requirements by taking as inputs the implementation period, companies will those that apply to all vessels, such as specific unit costs and affected face ongoing costs associated with the requirement to post the COI. Unit populations for each requirement. The periodic surveys, vessels will operate annual entity costs are those that accrue output of the model is a distribution of under their COIs and companies will at the management level of the entity. total variable costs. face ongoing costs associated with The annual costs for an entity are The Monte Carlo model simulated a obtaining and renewing COIs, periodic calculated for the phase-in and full one-year variable costs for the phase-in surveys and audits, drydock implementation periods using the and full-implementation periods inspections, and Coast Guard following equations: separately. The inputs are from the cost inspections. The scheduling of all these estimates of each requirement: The activities are dependent on a number of Equation 1: Vessel Annual Unit Cost affected population recast as a factors, such as the following: = Vessel Annual Variable Cost + Vessel percentage of the total vessel • A vessel operating under the TSMS Annual Fixed Cost population, and the unit costs. Each option will be subject to management Equation 2: Total Annual Vessel Costs simulation was run 10,000 times to and vessel audits and the operating = Vessel Annual Unit Cost (eq. 1) * produce a distribution of costs. For a company will need to obtain a TSMS number of vessels point estimate of the vessel annual Certificate. variable costs we took the average value Equation 3: Total Entity Costs = Total • Many of the requirements are based of each distribution, which yielded on when a vessel obtains its first COI, Annual Vessel Costs (eq. 2) + Unit $4,787 for the phase-in period and which lasts for five years. The rule Annual Entity Costs $9,866 for the full implementation states that vessel owners/operators must Vessel annual fixed costs and unit period. spread out the initial COI over two-to- annual entity costs are derived for the To summarize from the presentations four years, depending on the size of the phase-in and full-implementation above, the parameters for the phase-in fleet. periods from data in the cost model period are the following: • A vessel operating in salt water from the regulatory analysis. The fixed Vessel Annual Variable Cost = $4,787 must have two drydock inspections in costs for the phase-in period are the Vessel Annual Fixed Cost = $11,480 every 5-year period, while one operating same in both years. For the full- Entity Annual UnitCost = $5,045. in fresh water only needs one. implementation period we used the We anticipate that the entities will Applying Equation 1 from above, costs associated with the hypothetical manage the compliance activities so that Vessel Annual Unit Cost = $16,267 ‘‘heavy load’’ year, described above. costs are efficiently managed. For (Vessel Annual Variable Cost, $4,787, + example, an owner with vessels Table 18 shows these costs for the two Vessel Annual Fixed Cost, $11,480). operating under the TSMS options periods. The variable inputs are the number of having a fleet of vessels in the upper vessels operated by each entity, which Mississippi River may want to have the is found in the Affected Population Coast Guard inspect all vessels at one Database, and the entity’s revenue.

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We developed an annual revenue year phase-in period of this rule. analysis are shown as Example 1 in impact analysis for the average company Consequently, the total two-year Table 19. Examples 2 through 4 show in our sample. The average number of implementation cost for the average the calculations for examples of vessels per company in our sample is small entity is estimated at $75,158. The applying Equations 2 and 3 for three 1.7, so the two-vessel example is average annual revenue across the hypothetical companies, with one-, representative of an average company. sample is $10,058,187. With these three-, and four-vessel fleets, We estimate this average two-vessel inputs we derived an estimate of the respectively. owning small entity will incur an annual revenue impact for the average annual cost of $37,579 during the two- entity in the sample. The results of this

TABLE 19—EXAMPLES OF ANNUAL REVENUE IMPACT CALCULATIONS DURING THE PHASE-IN PERIOD FOR THE AVERAGE- SIZE FLEET (2 VESSELS) AND HYPOTHETICAL EXAMPLES FOR 1-, 3-, AND 4-VESSEL FLEETS [Revenue for example 2 is sample average, others are hypothetical]

(H) Annual (C) Vessel (D) Vessel (E) Entity (F) Total revenue (A) Entity name (B) Fleet annual unit annual cost annual unit annual cost (G) Annual impact size cost (B * C) cost (D + E) revenue (F/G) %

Example 1 (Average Entity) ...... 2 $16,267 $32,534 $5,045 $37,579 $10,058,187 0.40

Hypothetical Examples

Example 2 ...... 1 16,267 16,267 5,045 21,312 5,000,000 0.43 Example 3 ...... 3 16,267 48,801 5,045 53,846 15,000,000 0.36 Example 4 ...... 4 16,267 65,068 5,045 70,113 20,000,000 0.35

For the 92 businesses with revenue as a percentage of revenue. Table 21 small entities for the phase-in and full data, we calculated the total costs for presents the annual revenue impact on implementation periods. each small entity and a revenue impact

TABLE 21—PERCENTAGE OF ESTIMATED ANNUAL REVENUE IMPACT ON AFFECTED SMALL ENTITIES

Annual Annual impacts from phase-in impacts from costs implementation (average of Years 1–2) costs Revenue impact range (‘‘heavy load’’ year) Number of Percent of Number of Percent of entities entities entities entities

0% <= 1% ...... 60 65.2 44 47.8 1% <= 3% ...... 19 20.7 27 29.3 3% <= 5% ...... 2 2.2 8 8.7 5% <= 10% ...... 5 5.4 2 2.2 Above 10% ...... 6 6.5 11 12.0

Total ...... 92 100.0 92 100.0

During the phase-in period, for the and 10 percent. The remaining 12.0 which will involve compiling average cost per year, our analysis percent of the small entities will have information, submission, and third part indicates that nearly 65 percent of the an annual revenue impact of over 10 review. Additionally, information will small entities will have an annual percent. be collected at the vessel and company revenue impact of 1% or less. (5) A description of the projected level regarding safety, operations, drills, Approximately 28.3 percent of the small reporting, recordkeeping and other record keeping, and general compliance. entities will have an annual revenue compliance requirements of the rule, These requirements will be added as a impact of between 3 percent and 10 including an estimate of the classes of new collection of information with the percent. The remaining 6.5 percent of small entities which will be subject to OMB control number 1625–0117 with the small entities will have an annual the requirement and the type of the title ‘‘Towing Vessels—Title 46 CFR revenue impact of over 10 percent. professional skills necessary for Subchapter M. Please refer to Chapter After full implementation of preparation of the report or record 11, ‘‘Paperwork Reduction Act’’, the inspections and COIs, we estimate that Under the provisions of the final rule, Regulatory Analysis for further detail. 47.8 percent of the small entities will 5,509 towing vessels owned by 1,096 (6) A description of the steps the have an annual revenue impact of 1% towing vessel companies will be agency has taken to minimize the or less. Approximately 40.2 percent of required to conduct a variety of significant economic impact on small the small entities will have an annual reporting and recordkeeping activities, entities consistent with the stated revenue impact of between 3 percent related to obtaining and renewing a COI, objectives of applicable statutes,

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including a statement of the factual, Stability documents: The Coast Guard and results in net costs of $26.4 million. policy, and legal reasons for selecting has changed certain requirements in For these reasons, the Coast Guard has the alternative adopted in the final rule part 144 to offer additional methods for applied the certain requirements in and why each one of the other compliance. Section 144.300(b) now parts 143 and 144 to only new vessels significant alternatives to the rule offers three options for an existing and reduced the burden on small considered by the agency which affect vessel without a stability document to entities. the impact on small entities was meet part 144 requirements: Findings We are interested in the potential rejected based on the vessel’s operation or a impacts from this final rule on small Prior to this rulemaking, the Coast history of satisfactory service, successful businesses and we request public Guard participated in the TSAC performance on operational tests, or a comment on these potential impacts. meetings that helped formulate our satisfactory stability assessment. In C. Assistance for Small Entities proposals in the NPRM. Small entities particular, allowing for a vessel’s history had the opportunity to participate in of satisfactory service in the final rule Under section 213(a) of the Small this Committee and the Economic provides a lower cost method for Business Regulatory Enforcement Analysis Working Group. compliance, which should serve of Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in The Coast Guard has made a number compliance to reduce the cost on small understanding this final rule so that of changes from the proposals in the entities. they can better evaluate its effects on NPRM after consideration of public The Coast Guard discusses the full them and participate in the rulemaking. comments. A full discussion of range of alternatives considered in As noted, we have prepared a Small comments and Coast Guard responses is Section 6 of the RA. We monetized the Entities Guide for this rule and have found in the ‘‘Discussion of Comments impacts of three alternatives. Table 13 placed in it the docket for this and Changes’’ section above. In above summarizes the costs, benefits rulemaking. If the final rule would affect developing both the original proposal and net benefits of the alternatives your small business, organization, or and the final rule, the following are considered and the preferred alternative governmental jurisdiction and you have examples of the Coast Guard’s efforts to adopted in the final rule. Alternative 1 estimates impacts of questions concerning its provisions or minimize the economic impact on small only implementing the inspection options for compliance, please consult entities. requirements of the final rule, without LCDR Will Nabach, Project Manager, Inspection compliance options: The the operational, lifesaving, fire CG–OES–2, Coast Guard, telephone Coast Guard has retained from the protection, machinery and electrical, 202–372–1386. The Coast Guard will proposal the choice of method for and construction and arrangement not retaliate against small entities that complying with inspections, either requirements. Although this approach question or complain about this rule or through Coast Guard inspections or a reduces the cost impacts of the final any policy or action of the Coast Guard. TSMS. Some commenters suggested that rule, the benefits fall by almost 85 Small businesses may send comments a TSMS be mandatory for all towing percent. The annualized net impact of on the actions of Federal employees owners and operators and their vessels. the rule (benefits minus costs) falls from who enforce, or otherwise determine However, the Coast Guard has instead $4.5 million in net benefits for the compliance with, Federal regulations to continued to allow either option, so that preferred alternative to a net cost of the Small Business and Agriculture small entities can choose the approach $21.2 million. Requiring only the Regulatory Enforcement Ombudsman that minimizes impacts on their inspection requirements without also and the Regional Small Business particular business operations. increasing the standards in the other Regulatory Fairness Boards. The AED: The Coast Guard has removed CFR parts fails to meet the objective of Ombudsman evaluates these actions the requirement for towing vessels to improving towing vessel safety and annually and rates each agency’s have AEDs to reduce the cost impact of decreasing the risk of towing vessel responsiveness to small business. If you the final rule. accidents to a substantive degree. The wish to comment on actions by Pilothouse alerters: The Coast Guard Coast Guard developed and chose the employees of the Coast Guard, call 1– has retained the requirement for comprehensive approach that combines 888–REG–FAIR (1–888–734–3247). pilothouse alerters, but has limited an inspection regime with improved applicability to larger towing vessels (in standards as it results in the greater D. Collection of Information excess of 65 ft) with potentially higher societal outcomes, as demonstrated by This final rule would call for a risk profiles. To reduce burden of this the net benefits. collection of information under the requirement the Coast Guard has also Similarly, Alternative 2, which Paperwork Reduction Act of 1995 (44 allowed for a longer implementation estimates the impact of delaying U.S.C. 3501–3520). As defined in 5 CFR period. implementation of the operational 1320.3(c), ‘‘Collection of Information’’ Equivalence of existing SMSs: For standards found in Part 140, also results comprises reporting, recordkeeping, owners and operators that chose the in lower annualized net impacts: $4.5 monitoring, posting, labeling, and other, TSMS option, Coast Guard has sought to million net benefits for the preferred similar actions. The title and minimize effort to develop and alternative and $17.1 million net costs description of the information implement a TSMS by establishing a for Alternative 2. The Coast Guard chose collections, a description of those who process for granting equivalency not to delay implementation of the must collect the information, and an between an existing SMS and a TSMS. operational standards in part 140 as it estimate of the total annual burden Also, under the final rule, compliance results in the greater societal outcomes, follow. The estimate covers the time for with ISM is equivalent to a TSMS. as demonstrated by the net benefits. reviewing instructions, searching Removing certain requirements for Alternative 3 analyzes the impacts of existing sources of data, gathering and existing vessels: In response to not removing certain requirements in maintaining the data needed, and comments received on the NPRM, the parts 143 and 144 (as discussed above). completing and reviewing the Coast Guard has removed certain Alternative 3 has a greater cost burden, collection. requirements in parts 143 and 144 for including greater impact on small Title: Towing Vessels—Title 46 CFR existing vessels to decrease the cost. entities, than the preferred alternative Subchapter M.

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Summary of the Collection of E. Federalism H. Civil Justice Reform Information: Owners and managing This rule meets applicable standards operators of inspected towing vessels A rule has implications for federalism under Executive Order 13132, in sections 3(a) and 3(b)(2) of E.O. 12988 would be required to either develop and (‘‘Civil Justice Reform’’), to minimize maintain documentation for their safety Federalism, if it has a substantial direct effect on the States, on the relationship litigation, eliminate ambiguity, and management system and arrange reduce burden. periodic audits and surveys through between the national government and third-party organizations, or to the States, or on the distribution of I. Protection of Children demonstrate compliance with the power and responsibilities among the various levels of government. We have We have analyzed this rule under E.O. subchapter M to Coast Guard inspectors. 13045 (‘‘Protection of Children from Additional documentation would be analyzed this rule under that order and have determined that it is consistent Environmental Health Risks and Safety required to obtain a Certificate of Risks’’). This rule is not an Inspection for each vessel, comply with with the fundamental federalism principles and preemption requirements economically significant rule and would crew and vessel operational safety not create an environmental risk to standards, vessel equipment and system described in E.O. 13132. Our analysis is explained below. health or risk to safety that might standards, procedures and schedules for disproportionately affect children. routine tests and inspections of towing It is well settled that States may not vessels and their onboard equipment regulate in categories reserved for J. Indian Tribal Governments and systems. The new requirements for regulation by the Coast Guard. It is also This rule does not have tribal third-party auditors and surveyors well settled that all of the categories implications under E.O. 13175 include obtaining Coast Guard approval covered in 46 U.S.C. 3306, 3703, 7101, (‘‘Consultation and Coordination with and renewing it periodically. The Coast and 8101 (design, construction, Indian Tribal Governments’’), because it Guard would be burdened by reviewing alteration, repair, maintenance, would not have a substantial direct required reports, conducting operation, equipping, personnel effect on one or more Indian tribes, on compliance examinations of towing qualification, and manning of vessels), the relationship between the Federal vessels and overseeing third-party as well as the reporting of casualties and Government and Indian tribes, or on the auditors and surveyors through any other category in which Congress distribution of power and approval and observation. intended the Coast Guard to be the sole responsibilities between the Federal Need for Information: The source of a vessel’s obligations, are Government and Indian tribes. information is necessary for the proper within the field foreclosed from K. Energy Effects administration and enforcement of the regulation by the States. (See the towing vessel inspection program. decision of the Supreme Court in the We have analyzed this rule under E.O. consolidated cases of United States v. Proposed use of Information: The 13211 (‘‘Actions Concerning Locke and Intertanko v. Locke, 529 U.S. Regulations That Significantly Affect Coast Guard would use this information 89, 120 S.Ct. 1135 (March 6, 2000)). to document that towing vessels meet Energy Supply, Distribution, or Use’’). This rule covers all of the foreclosed We have determined that it is not a inspection requirements of subchapter categories, as it establishes regulations M. ‘‘significant energy action’’ under E.O. covering a new category of inspected 13211, because although it is a Description of the Respondents: The vessels, as mandated by Congress. ‘‘significant regulatory action’’ under respondents are the owners and Because the States are now foreclosed E.O. 12866, it is not likely to have a managing operators of towing vessels from regulating towing vessels in these significant adverse effect on the supply, and third-party auditors and surveyors categories, the rule is consistent with distribution, or use of energy, and the that would be required to complete the principles of federalism and Administrator of OMB’s Office of various forms, reports and keep reports. preemption requirements in Executive Information and Regulatory Affairs has Number of Respondents: The 5,694 Order 13132. not designated it as a significant energy respondents are the owners and F. Unfunded Mandates Reform Act action. operators of 5,509 affected towing vessels and 185 entities that employ the The Unfunded Mandates Reform Act L. Technical Standards and 1 CFR Part third-party auditors and surveyors. of 1995, 2 U.S.C. 1531–1538, requires 51 Frequency of Response: The average Federal agencies to assess the effects of The National Technology Transfer responses per year are 7,660,257. their discretionary regulatory actions. In and Advancement Act, codified as a particular, the Act addresses actions note to 15 U.S.C. 272, directs agencies Estimate of Total Annual Burden: The that may result in the expenditure by a to use voluntary consensus standards in total annual burden is 181,669 hours. State, local, or tribal government, in the their regulatory activities unless the As required by the Paperwork aggregate, or by the private sector of agency provides Congress, through Reduction Act of 1995 (44 U.S.C. $100,000,000 (adjusted for inflation) or OMB, with an explanation of why using 3507(d)), we have submitted a copy of more in any one year. Though this rule these standards would be inconsistent this rule to the Office of Management will not result in such an expenditure, with applicable law or otherwise and Budget (OMB) for its review of the we do discuss the effects of this rule impractical. Voluntary consensus collection of information. elsewhere in this preamble. standards are technical standards (e.g., You need not respond to a collection G. Taking of Private Property specifications of materials, performance, of information unless it displays a design, or operation; test methods; currently valid control number from This rule will not cause a taking of sampling procedures; and related OMB. Before the Coast Guard could private property or otherwise have management systems practices) that are enforce the collection of information taking implications under E.O. 12630, developed or adopted by voluntary requirements in this rule, OMB would Governmental Actions and Interference consensus standards bodies. need to approve the Coast Guard’s with Constitutionally Protected Property This final rule uses the following request to collect this information. Rights. voluntary consensus standards from:

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The American Boat and Yacht Council Waterways, 2007. These standards life-saving appliances and (ABYC)— are for barges, towboats, cargo arrangements. • ABYC E–11 (2003), AC and DC vessels and passenger vessels in • International Convention for the Electrical Systems on Boats. This service on major rivers and on Safety of Life at Sea (SOLAS), 1974, standard covers the design, connecting intracoastal waterways. as amended. This international construction, and installation of They are applicable to those convention is designed to improve direct current (DC) electrical features that are permanent in the safety of shipping. systems on boats and of alternating nature and can be verified by plan The International Organization for current (AC) electrical systems on review, calculation, physical survey Standardization (ISO)— boats. ABYC H–2 (2000), or other appropriate means. • ISO 9001–2008(E), International Ventilation of Boats Using Gasoline. • ABS Rules for Building and Standard: Quality management This standard covers the design, Classing Steel Vessels Under 90 systems—Requirements, Fourth construction, and installation of Meters (295 Feet) in Length, 2006. edition, dated November 15, 2008. ventilation systems of engine and These standards are applicable to This international standard details fuel tank compartments of boats self-propelled steel vessels under 90 the requirements for quality using gasoline for mechanical meters (295 feet) in length intended management systems. power, propulsion, or auxiliary for unrestricted ocean service, • ISO 14726–2008(E), International generators. ABYC H–22 (2005), except where specifically Standard: Ships and marine Electric Bilge Pump Systems. This mentioned otherwise. technology-Identification colours standard covers the design, The American Society for Quality for the content of piping systems, construction, installation, (ASQ), Quality Press— First edition, dated May 1, 2008. operation, and control of electric • ANSI/ISO/ASQ Q9001–2000, This international standard bilge pump systems on boats. American National Standard: specifies main colors and additional • ABYC H–24 (2007), Gasoline Fuel Quality management systems— colors for identifying piping Systems. This standard covers the Requirements. This standard systems in accordance with the design, choice of materials for, specifies requirements for an content or function on board ships construction, installation, repair, organization’s quality management and marine structures. and maintenance of permanently system. The National Fire Protection installed gasoline fuel systems on FM Approvals— Association (NFPA)— • • boats.’’ FM 6050–1996, Approval Standard NFPA 10, Standard for Portable Fire • ABYC H–25 (2003), Portable for Storage Cabinets (Flammable Extinguishers, 2007 Edition, Gasoline Fuel Systems. This and Combustible Liquids). This effective August 17, 2006. The standard covers the design, standard contains performance and provisions of this standard apply to construction and stowage of construction requirements for the selection, installation, portable tanks with related fuel cabinets designed to provide safe inspection, maintenance, and lines and accessories comprising a and secure storage for flammable testing of portable extinguishing portable gas fuel system for boats. and combustible liquids. equipment. • ABYC H–32 (2004), Ventilation of The International Maritime • NFPA 70, National Electrical Code Boats Using Diesel Fuel. This Organization (IMO)— (NEC), 2002 Edition, effective • standard covers the design, Resolution A.520(13), Code of August 2, 2001. The provisions of construction, and installation of Practice for the Evaluation, Testing this standard apply to the design, ventilation systems of boats using and Acceptance of Prototype Novel modification, construction, diesel fuel only for electrical Life-saving Appliances and inspection, maintenance, and generation, mechanical power, and Arrangements, November 17, 1983. testing of electrical systems/ propulsion. This code prescribes the appliance installations and equipment. • ABYC H–33 (2005), Diesel Fuel and arrangement criteria which • NFPA 302, Fire Protection Standard Systems. This standard covers the should be taken into account and for Pleasure and Commercial Motor design, choice of materials, prototype tests which should be Craft, 1998 Edition. This standard construction, installation, repair, carried out for the evaluation of specifies provisions for fire and maintenance of permanently novel designs for international protection on pleasure and installed diesel fuel systems on acceptance. Resolution A.658(16), commercial motor craft. • boats. Use and Fitting of Retro-Reflective NFPA 306, Standard for the Control • ABYC P–1 (2002), Installation of Materials on Life-saving of Gas Hazards on Vessels, 2014 Exhaust Systems for Propulsion and Appliances, October 19, 1989. This Edition, effective June 17, 2013. Auxiliary Engines. This standard resolution details the requirements This standard describes the covers the design, installation and for use, fitting, and size/type of conditions required before a space selection of materials for exhaust retro-reflective materials on life- can be entered or work can be systems for marine engines of boats. saving appliances. started, continued, or started and • ABYC P–4 (2004), Marine Inboard • Resolution A.688(17), Fire Test continued on any vessel under Engines and Transmissions. This Procedures For Ignitability of construction, alteration, or repair, standard covers the design, Bedding Components, 1991. This or on any vessel awaiting construction, installation, and resolution details the fire test shipbreaking. selection of materials for inboard procedures to determine the • NFPA 750, Standard on Water Mist engines and transmissions on boats. ignitability of bedding components. Fire Protection Systems, 2006 The American Bureau of Shipping • Resolution A.760(18), Symbols Edition, effective February 16, 2006. (ABS)— Related to Life-Saving Appliances This standard contains the • ABS Rules for Building and and Arrangements, November 4, minimum requirements for the Classing Steel Vessels for Service 1993. This resolution details the design, installation, maintenance, on Rivers and Intracoastal requirements for symbols related to and testing of water mist fire

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protection systems. These requirements cover cabinets 46 CFR Part 2 • NFPA 1971, Standard on Protective intended to be used to provide an Marine safety, Reporting and Ensembles for Structural Fire indoor storage area for limited recordkeeping requirements, Vessels. Fighting and Proximity Fire quantities of flammable and Fighting, 2007 Edition, effective combustible liquids in containers in 46 CFR Part 15 August 17, 2006. This standard compliance with specified Reporting and recordkeeping specifies the minimum design, standards. requirements, Seamen, Vessels. performance, testing, and certification requirements for Consistent with 1 CFR part 51 46 CFR Part 136 certain types of fire fighting incorporation-by-reference provisions, Incorporation by reference, Reporting protective ensembles and ensemble this material is reasonably available. and recordkeeping requirements, elements that include coats, Interested persons have access to it Towing vessels. trousers, coveralls, helmets, gloves, through their normal course of business, 46 CFR Part 137 footwear, and interface may purchase it from sources listed in components. 46 CFR 136.112, or may view a copy by Marine safety, Reporting and The Society of Automotive Engineers the means we have identified in the recordkeeping requirements, Towing vessels. (SAE)— ADDRESSES section. Section 136.112 also • ANSI/SAE Z 26.1–1996, American identifies the sections that reference 46 CFR Part 138 National Standard for Safety these standards. Glazing Materials for Glazing Motor Incorporation by reference, Marine Vehicles and Motor Vehicle M. Environment safety, Reporting and recordkeeping Equipment Operating on Land requirements, Towing vessels. We have analyzed this final rule Highways—Safety Standard. This 46 CFR Part 139 standard provides specifications under Department of Homeland and methods of testing for safety Security Management Directive 023–01 Incorporation by reference, Reporting glazing material used for and Commandant Instruction and recordkeeping requirements, windshields, windows, and M16475.lD, which guide the Coast Towing vessels. partitions of land and marine Guard in complying with the National 46 CFR Part 140 vehicles and aircraft. Environmental Policy Act of 1969, 42 Incorporation by reference, Marine • SAE J1475–Revised JUN96— U.S.C. 4321–4370f, and have concluded safety, Occupational health and safety, Hydraulic Hose Fitting for Marine that this action is one of a category of Penalties, Reporting and recordkeeping Applications, revised June 1996. actions that do not individually or requirements, Towing vessels. This standard covers general and cumulatively have a significant effect on performance specifications for the human environment. A final 46 CFR Part 141 certain hydraulic hose fittings used environmental analysis checklist and Incorporation by reference, Marine in conjunction with nonmetallic categorical exclusion determination safety, Occupational health and safety, flexible hoses for marine supporting this determination are Reporting and recordkeeping applications. available in the docket where indicated • requirements, Towing vessels. SAE J1942–Revised APR2007— under the ADDRESSES section of this 46 CFR Part 142 Hose and Hose Assemblies for preamble. This final rule involves Marine Applications, revised April regulations that are procedural; Fire prevention, Incorporation by 2007. This standard covers specific regulations concerning the training of reference, Marine safety, Reporting and requirements for several styles of maritime personnel; regulations recordkeeping requirements, Towing hose and/or hose assemblies in concerning manning, documentation, vessels. systems on board commercial inspection and equipping of vessels; vessels inspected and certificated 46 CFR Part 143 regulations concerning equipment by the U.S. Coast Guard. Hazardous materials transportation, approval and carriage requirements; UL (formerly Underwriters Laboratories, Incorporation by reference, Marine regulations concerning vessel operation Inc.)— safety, Reporting and recordkeeping • UL 217, Standard for Safety for safety standards; and Congressionally requirements, Towing vessels. Single and Multiple Station Smoke mandated regulations designed to Alarms, Sixth Edition, dated August improve or protect the environment. 46 CFR Part 144 25, 2006. Along with other types of This action falls under section 2.B.2, Cargo vessels, Incorporation by smoke alarms used in different figure 2–1, paragraphs (34)(a), (c), (d), reference, Marine safety, Oil and gas settings, this standard specifies and (e) of the Commandant Instruction exploration, Passenger vessels, requirements for smoke alarms M16475.lD, and under section 6(a) and Reporting and recordkeeping intended for use in recreational (b) of the ‘‘Appendix to National requirements, Towing vessels. Environmental Policy Act: Coast Guard boats. 46 CFR Part 199 • UL 1104, Standard for Safety for Procedures for Categorical Exclusions, Marine Navigation Lights, Second Notice of Final Agency Policy’’ (67 FR Cargo vessels, Marine safety, Oil and Edition, dated October 29, 1998. 48243, July 23, 2002). gas exploration, Passenger vessels, These requirements cover marine Reporting and recordkeeping navigation light fixtures intended List of Subjects requirements. for use in accordance with the 46 CFR Part 1 For the reasons discussed in the applicable U. S. Coast Guard preamble, the Coast Guard amends 46 regulations. Administrative practice and CFR parts 1, 2, 15, and 199 and adds 46 • UL 1275, Standard for Safety for procedure, Organization and functions CFR subchapter M, consisting of parts Flammable Liquid Storage Cabinets, (Government agencies), Reporting and 136, 137, 138, 139, 140, 141, 142, 143, Third Edition, dated June 30, 2005. recordkeeping requirements. and 144 as follows:

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46 CFR CHAPTER I add, in its place, the words ‘‘or, if the ‘‘alongside’’, add the phrase ‘‘, that has vessel is a towing vessel, as provided in been issued a Certificate of Inspection PART 1—ORGANIZATION, GENERAL paragraph (b) of this section.’’; under the provisions of subchapter I of COURSE AND METHODS GOVERNING ■ b. Redesignate paragraph (b) as this chapter’’. MARINE SAFETY FUNCTIONS paragraph (c); ■ c. Add new paragraph (b) and PART 15—MANNING REQUIREMENTS ■ 1. The authority citation for part 1 is paragraph (c)(7) to newly redesignated ■ revised to read as follows: paragraph (c). 6. The authority citation for part 15 is Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 The addition reads as follows: revised to read as follows: U.S.C. 7701; 46 U.S.C. Chapter 93; Secs. 101, Authority: 46 U.S.C. 2101, 2103, 3306, 888, and 1512, Pub. L. 107–296, 116 Stat. § 2.01–7 Classes of vessels (including 3703, 8101, 8102, 8103, 8104, 8105, 8301, 2135; Department of Homeland Security motorboats) examined or inspected and 8304, 8502, 8503, 8701, 8702, 8901, 8902, Delegation No. 0170.1; § 1.01–35 also issued certificated. 8903, 8904, 8905(b), 8906 and 9102; sec. 617, under the authority of 44 U.S.C. 3507; and * * * * * Pub. L. 111–281, 124 Stat. 2905; and § 1.03–55 also issued under the authority of (b)(1) A U.S.-flag towing vessel is Department of Homeland Security Delegation 46 U.S.C. 3306(j). subject to inspection and certifying No. 0170.1. ■ 2. Add § 1.03–55 to read as follows: regulations in subchapter M of this § 15.501 [Amended] chapter except: § 1.03–55 Appeals from decisions or (i) A vessel less than 26 feet (7.92 ■ 7. Amend § 15.501(b) by removing the actions under subchapter M of this chapter. meters) in length measured from end to word ‘‘Emergency’’ and adding, in its (a) Any person directly affected by a end over the deck (excluding the sheer), place, the lower case word decision or action by a classification unless that vessel is pushing, pulling, or ‘‘emergency’’. ■ society or a third-party organization hauling a barge that is carrying oil or 8. Revise § 15.505 to read as follows: performing a survey under subchapter hazardous material in bulk; § 15.505 Changes in the certificate of M of this chapter may, after requesting (ii) A vessel engaged in one or more inspection. reconsideration of the decision or action of the following: All requests for changes in manning by the classification society or third- (A) Assistance towing as defined in as indicated on the COI must be sent party organization, make a formal § 136.110 of this chapter; to— appeal to the cognizant OCMI. (B) Towing recreational vessels for (a) The Officer in Charge, Marine (b) Any person directly affected by a salvage; or Inspection (OCMI) who last issued the decision or action by a classification (C) Transporting or assisting the COI; or society or a third-party organization navigation of recreational vessels within (b) The OCMI conducting the performing an audit under subchapter and between marinas and marina inspection, if the request is made in M of this chapter may, after requesting facilities, within a limited geographic conjunction with an inspection for reconsideration of the decision or action area, as determined by the local Captain certification. by the classification society or third- of the Port; party organization, make a formal (iii) A workboat operating exclusively § 15.510 [Amended] appeal to the District Commander of the within a worksite and performing ■ 9. Amend § 15.510 by removing the district in which the audit was intermittent towing within the worksite; word ‘‘therefrom’’. performed. (iv) A seagoing towing vessel of 300 ■ 10. Add § 15.535 to read as follows: (c) Any third-party organization or gross tons or more subject to the person from a third-party organization provisions of subchapter I of this § 15.535 Towing vessels. directly affected by a decision or action chapter; (a) Applicability. Except as provided of the Coast Guard Towing Vessel (v) A vessel inspected under other in this paragraph (a), the requirements National Center of Expertise (TVNCOE) subchapters of this chapter that may in this section apply to a towing vessel may submit a formal appeal to perform occasional towing; subject to subchapter M of this chapter. Commandant (CG–CVC) for appeals of (vi) A public vessel as defined in 46 Vessels subject to this section must also decisions by the TVNCOE related to U.S.C. 2101; meet the requirements in § 15.515(c). A subchapter M of this chapter. (vii) A vessel which has surrendered towing vessel at least 8 meters (26 feet) (d) Any person directly affected by a its Certificate of Inspection and is laid in length, measured from end to end decision or action by an OCMI or up, dismantled, or otherwise out of over the deck (excluding sheer), that is District Commander may make a formal service; and not subject to subchapter M must meet appeal pursuant to § 1.03–20 or § 1.03– (viii) A propulsion unit used for the the requirements in paragraph (b) of this 25, respectively. purpose of propelling or controlling the section if it is— direction of a barge where the unit is (1) A seagoing towing vessel of 300 PART 2—VESSEL INSPECTIONS controlled from the barge, is not gross tons or more subject to the normally manned, and is not utilized as provisions of subchapter I of this ■ 3. The authority citation for part 2 an independent vessel. chapter; continues to read as follows: (2) A towing vessel not subject to (2) A vessel inspected under other Authority: Sec. 622, Pub. L. 111–281; 33 subchapter M of this chapter should subchapters of this chapter that may U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103, refer to table 2.01–7 of this section. perform occasional towing; or 2110, 3306, 3703; E.O. 12234, 45 FR 58801, (c) * * * (3) A public vessel as defined in 46 3 CFR, 1980 Comp., p. 277, sec. 1–105; (7) For towing vessels, see part 136 of U.S.C. 2101. Department of Homeland Security Delegation subchapter M of this chapter. (b) Towing vessels 8 meters or more in No. 0170.1(II)(77), (90), (92)(a), (92)(b). length. Every towing vessel of at least 8 ■ 4. Amend § 2.01–7 as follows: § 2.10–25 [Amended] meters (26 feet) in length, measured ■ a. In paragraph (a) introductory text, ■ 5. In § 2.10–25, in the definition of from end to end over the deck before the word ‘‘as’’, add the word ‘‘Sea-going towing vessel’’, after the (excluding sheer), must be under the ‘‘either’’; and remove the colon, and second occurrence of the word direction and control of a person

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holding a MMC endorsed as master or § 15.610 Master and mate (pilot) of 136.200 Certificate required. mate (pilot) of towing vessels or as uninspected towing vessels. 136.202 Certificate of Inspection phase-in master or mate of vessels of greater than (a) The requirements in this section period. 200 gross register tons, holding a apply to towing vessels, except for— 136.205 Description. 136.210 Obtaining or renewing a COI. completed Towing Officer Assessment (1) Towing vessels that are subject to 136.212 Inspection for certification. Record signed by a designated examiner subchapter M in accordance with 136.215 Period of validity. indicating that the officer is proficient § 136.105 of this chapter; 136.220 Posting. in the operation of towing vessels upon (2) Towing vessels that are seagoing 136.230 Routes permitted. the appropriate route. and 300 gross or more tons subject to 136.235 Certificate of Inspection (c) Towing Vessels of Any Length on the provisions of subchapter I of this amendment. the Lower Mississippi River. In addition chapter; 136.240 Permit to proceed. 136.245 Permit to carry an excursion party to the requirements of paragraph (b) of (3) Towing vessels that are inspected under other subchapters of this chapter or temporary extension or alteration of this section, any towing vessel operating route. in the pilotage waters of the Lower that may perform occasional towing; 136.250 Load lines. Mississippi River must be under the and control of an officer who holds either a (4) Towing vessels that are public Authority: 46 U.S.C. 3103, 3301, 3306, first-class pilot’s endorsement for that vessels as defined in 46 U.S.C. 2101. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS route, or MMC officer endorsement for * * * * * Delegation 0170.1. the Western Rivers, or who meets the § 15.815 [Amended] Subpart A—General requirements of either paragraph (c)(1) ■ or (2) of this section, as applicable. 12. In § 15.815(c), remove the word § 136.100 Purpose. ‘‘uninspected’’. (1) Moving tank or hazardous material This part sets out the applicability for ■ 13. Add 46 CFR subchapter M, barges. To operate a towing vessel with this subchapter and describes the comprised of parts 136, 137, 138, 139, tank barges or a tow of barges carrying requirements for obtaining and 140, 141, 142, 143, and 144, to read as hazardous material regulated under renewing a Certificate of Inspection follows: subchapter N or O of this chapter, the (COI). officer in charge of the towing vessel SUBCHAPTER M—Towing Vessels must have completed at least 12 round § 136.105 Applicability. trips over this route as an observer, with PART 136—CERTIFICATION (a) This subchapter is applicable to all at least 3 of those trips during hours of U.S.-flag towing vessels as defined in darkness, and must provide evidence to PART 137—VESSEL COMPLIANCE § 136.110 engaged in pushing, pulling, the Coast Guard upon request that at or hauling alongside, except— least 1 of the 12 round trips occurred PART 138—TOWING SAFETY (1) A vessel less than 26 feet (7.92 within the last 5 years. MANAGEMENT SYSTEM (TSMS) meters) in length measured from end to end over the deck (excluding the sheer), (2) Moving uninspected barges or no unless that vessel is pushing, pulling, or barges. To operate a towing vessel PART 139—THIRD–PARTY hauling a barge that is carrying oil or without barges or a tow of uninspected ORGANIZATIONS hazardous material in bulk; barges, the officer in charge of the (2) A vessel engaged in one or more towing vessel must have completed at PART 140—OPERATIONS of the following: least 4 round trips over this route as an (i) Assistance towing as defined in observer, with at least 1 of those trips PART 141—LIFESAVING § 136.110; during hours of darkness, and must (ii) Towing recreational vessels for provide evidence to the Coast Guard PART 142—FIRE PROTECTION salvage; or upon request that at least 1 of the 4 (iii) Transporting or assisting the round trips occurred within the last 5 PART 143—MACHINERY AND navigation of recreational vessels within years. ELECTRICAL SYSTEMS AND EQUIPMENT and between marinas and marina ■ 11. Amend § 15.610 as follows: facilities, within a limited geographic ■ a. Revise the section heading; PART 144—CONSTRUCTION AND area, as determined by the local Captain of the Port (COTP); ■ b. Redesignate paragraphs (a) and (b) ARRANGEMENT (3) A workboat operating exclusively as paragraphs (b) and (c), respectively; PART 136—CERTIFICATION within a worksite and performing ■ c. Add new paragraph (a); and intermittent towing within the worksite; ■ d. In newly redesignated paragraph (4) A seagoing towing vessel of 300 Sec. (c): Subpart A—General gross tons or more subject to the ■ i. Remove the reference ‘‘paragraph 136.100 Purpose. provisions of subchapter I of this (a)’’ wherever it appears, and add, in 136.105 Applicability. chapter; each place, the reference ‘‘paragraph 136.110 Definitions. (5) A vessel inspected under other (b)’’; 136.112 Incorporation by reference. subchapters of this chapter that may 136.115 Equivalents. perform occasional towing; ■ ii. Remove the reference ‘‘paragraphs 136.120 Special consideration. (6) A public vessel as defined in 46 (b)(1) or (b)(2)’’ and add, in its place, the 136.130 Options for documenting U.S.C. 2101; reference ‘‘paragraph (c)(1) or (2)’’; and compliance to obtain a Certificate of (7) A vessel that has surrendered its ■ iii. In paragraphs (c)(1) and (2), add Inspection. 136.172 Temporary compliance for existing COI and is laid up, dismantled, or the words ‘‘to the Coast Guard’’ otherwise out of service; and immediately after the word ‘‘evidence’’. towing vessels. 136.175 Approved equipment. (8) A propulsion unit used for the The revision and additions read as 136.180 Appeals. purpose of propelling or controlling the follows: Subpart B—Certificate of Inspection direction of a barge where the unit is

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controlled from the barge, is not (2) The audit may be limited to the or any other vessel not regularly normally manned, and is not utilized as random selection of a representative operated under its own power. an independent vessel. sampling throughout the system that Downstreaming means a procedure in (b) [Reserved] presents the auditor with sufficient, which a towing vessel moves objective evidence of system downstream with the current in order to § 136.110 Definitions. compliance. approach and land squarely on another As used in this subchapter: Authorized classification society object, such as a fleet, a dock, or another ABS Rules means the standards means a recognized classification tow. developed and published by the society that has been delegated the Drydock examination means hauling American Bureau of Shipping regarding authority to conduct certain functions out a vessel or placing a vessel in a the design, construction and and certifications on behalf of the Coast drydock or slipway for an examination certification of commercial vessels. Guard. of all accessible parts of the vessel’s Accommodation space means any: Berthing space means a space that is underwater body and of all through-hull (1) Messroom; intended to be used for sleeping, and is fittings and appurtenances. (2) Lounge; (3) Sitting area; provided with installed bunks and Electronic position fixing device (4) Recreation room; bedding. means a navigation receiver that meets (5) Quarters; Bollard pull means the maximum the requirements of 33 CFR 164.41. (6) Toilet space; static pulling force that a towing vessel Engine room means the enclosed (7) Shower room; can exert on another vessel or on an space where any main-propulsion (8) Galley; object when its propulsion engines are engine is located. It comprises all deck (9) Berthing space; applying thrust at maximum levels within that space. (10) Clothing-changing room; or horsepower. Essential system means a system that (11) A similar space open to Change in ownership means any is required to ensure a vessel’s individuals. change resulting in a change in the day- survivability, maintain safe operation, Anniversary date means the day and to-day operational control of a third- control the vessel, or to ensure safety of the month of each year that corresponds party organization (TPO) that conducts onboard personnel, including: to the date of expiration on the COI or audits and surveys, or a change that (1) Systems for: Towing Safety Management System results in a new entity holding more (i) Detection or suppression of fire; (TSMS) Certificate. than 50 percent of the ownership of the (ii) Emergency dewatering or ballast Approval series means the first six TPO. management; digits of a number assigned by the Coast Class Rules means the standards (iii) Navigation; Guard to approved equipment. Where developed and published by a (iv) Internal and external approval is based on a subpart of 46 classification society regarding the communication; CFR chapter I, subchapter Q, the design, construction, and certification of (v) Vessel control, including approval series corresponds to the commercial vessels. propulsion, steering, maneuverability number of the subpart. A list of Coastwise means a route that is not and their vital auxiliaries; approved equipment, including all of more than 20 nautical miles offshore on: (vi) Emergency evacuation and the approval series, is available at (1) Any ocean; abandonment; http://cgmix.uscg.mil/Equipment/ (2) The Gulf of Mexico; (vii) Lifesaving; and EquipmentSearch.aspx. (3) The Caribbean Sea; (viii) Control of a tow; Assistance towing means towing a (4) The Bering Sea; (2) Any critical system identified in a disabled vessel for consideration as (5) The Gulf of Alaska; or SMS compliant with the International defined in 46 U.S.C. 2101. (6) Such other similar waters as may Safety Management (ISM) Code Audit means a systematic, be designated by a Coast Guard District requirements of 33 CFR part 96; and independent, and documented Commander. (3) Any other marine engineering examination to determine whether Cold water means water where the system identified in an approved TSMS activities and related results comply monthly mean low water temperature is or identified by the cognizant Officer in with a vessel’s TSMS, or with another normally 15 degrees Celsius (59 degrees Charge, Marine Inspection (OCMI) as applicable Safety Management System Fahrenheit) or less. essential to the vessel’s survival, ability (SMS), and whether these planned Commandant means the Commandant to maintain safe operation, ability to arrangements are implemented suitably of the U.S. Coast Guard or an authorized control the vessel, or to ensure the to achieve stated objectives. This representative of the Commandant of safety of onboard personnel. examination includes a thorough review the U.S. Coast Guard. Excepted vessel means a towing of appropriate reports, documents, Conflict of interest means a conflict vessel that is subject to this subchapter records, and other objective evidence to between an individual’s or an but is excepted from certain provisions verify compliance with applicable organization’s private interests and the contained within this subchapter. An requirements. interests of another party they are excepted vessel is: (1) The audit may include, but is not providing a service to or for, including (1) Used solely: limited to: when acting in a capacity which serves (i) Within a limited geographic area, (i) Examining records; the public good. as defined in this section; (ii) Asking responsible persons how Crewmember means crewmember as (ii) For harbor-assist, as defined in they accomplish their assigned duties; defined in 46 CFR 16.105. this section; or (iii) Observing persons performing Deficiency means a failure to meet the (iii) For response to an emergency or specific tasks within their assigned minimum requirements of the vessel a pollution event; or duties; inspection laws or regulations. (2) Excepted by the cognizant OCMI (iv) Examining equipment to ensure Disabled vessel means a vessel that for purposes of some or all of the proper maintenance and operation; and needs assistance, whether docked, requirements in §§ 142.315 through (v) Checking training records and moored, anchored, aground, adrift, or 142.330, 143.235, 143.265, and subpart work environments. under way, but does not mean a barge C of part 143 of this subchapter, based

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on consideration of those requirements thresholds expressed in terms of gross (4) Such other similar waters as may and on reasons submitted by the vessel tons. be designated by the cognizant Coast owner or managing operator as to why Harbor of safe refuge means a port, Guard District Commander. the vessel does not need to meet these inlet, or other body of water normally Length means the horizontal distance requirements for the safe operation of sheltered from heavy seas by land, and measured from end to end over the the vessel. in which a vessel can navigate and deck, excluding the sheer. Fittings and Excursion party means a temporary safely moor. The suitability of a location attachments are not included in the operation not permitted by the vessel’s as a harbor of safe refuge will be length measurement. COI. It is typically recreational in nature determined by the cognizant OCMI, and Length between perpendiculars or and 1 day or less in duration. varies for each vessel, dependent on the LBP means the horizontal distance Existing towing vessel means a towing vessel’s size, maneuverability, and measured between perpendiculars taken vessel, subject to inspection under this mooring gear. at the forward-most and after-most subchapter, that is not a new towing Harbor-assist means the use of a points on the waterline corresponding vessel, as defined in this section. towing vessel during maneuvers to to the deepest operating draft. For a External audit means an audit dock, undock, moor, or unmoor a vessel, vessel that has underwater projections conducted by a party with no direct or to escort a vessel with limited extending forward of the forward-most affiliation to the vessel, owner, or maneuverability. point or aft of the after-most point on managing operator being audited. Horsepower means the horsepower the deepest waterline of the vessel, the External survey program means a stated on the vessel’s COI, which is the Commanding Officer, U.S. Coast Guard survey program conducted by a party sum of the manufacturer’s listed brake Marine Safety Center, may include the with no direct affiliation to the vessel, horsepower for all installed propulsion length or a portion of the length of the owner, or managing operator being engines. underwater projections in the value surveyed. Inland waters means the navigable used in the LBP for the purposes of this Fixed fire-extinguishing system waters of the United States shoreward of subchapter. The length, or a portion of means: the Boundary Lines as described in 46 the length, of projections that contribute (1) A carbon dioxide system that CFR part 7, excluding the Great Lakes more than 2 percent of the underwater meets the requirements of 46 CFR and, for towing vessels, excluding the volume of the vessel is normally added subpart 76.15 and 46 CFR 78.47–9 and Western Rivers. to the actual LBP. 78.47–11, and that is approved by the Internal Audit means an audit that is Limited coastwise means a route that Commandant; conducted by a party that has a direct is not more than 20 nautical miles from (2) A clean agent system that satisfies a harbor of safe refuge, as defined in this the requirements in 46 CFR subpart affiliation to the vessel, owner, or managing operator being audited. section. 95.16 and in 46 CFR 97.37–9, and is Limited geographic area means a local approved by the Commandant; or Internal survey program means a survey program that is conducted by a area of operation as determined by the (3) A manually operated, water mist local COTP. This area is usually within system that satisfies NFPA 750 party which has a direct affiliation to the vessel, owner, or managing operator a single harbor or port. (incorporated by reference, see Machinery space means any enclosed being surveyed. § 136.112) and is approved by the space that either contains an installed International voyage means a voyage Commandant. internal combustion engine, machinery, between a country to which the Fleeting area means a limited or systems that would raise the ambient International Convention for Safety of geographic area, as determined by the temperature above 45 degrees Celsius Life at Sea, 1974, as amended (SOLAS) local COTP, where individual barges are (113 degrees Fahrenheit) in all applies and a port outside that country. moored or assembled to make a tow. environments the vessel operates in. These barges are not in transport, but A country, as used in this definition, Major conversion means a conversion are temporarily marshaled and waiting includes every territory for the of a vessel that: for pickup by different towing vessels international relations of which a (1) Substantially changes the that will transport them to various contracting government to the dimensions or carrying capacity of the destinations. Convention is responsible or for which vessel; Galley means a space containing the United Nations is the administering (2) Changes the type of the vessel; appliances with cooking surfaces that authority. For the United States, the (3) Substantially prolongs the life of may exceed 121 degrees Celsius (250 term ‘‘territory’’ includes the the vessel; or degrees Fahrenheit) such as ovens, Commonwealth of Puerto Rico, all (4) Otherwise so changes the vessel griddles, and deep fat fryers. possessions of the United States, and all that it is essentially a new vessel, as Great Lakes means a route on the lands held by the United States under determined by the Commandant. waters of any of the Great Lakes and of a protectorate or mandate. For the Major non-conformity means a non- the St. Lawrence River as far east as a purposes of this subchapter, vessels are conformity that poses a serious threat to straight line drawn from Cap de Rosiers not considered as being on an personnel, vessel safety, or the to West Point, Anticosti Island, and ‘‘international voyage’’ when solely environment, and requires immediate west of a line along the 63rd meridian navigating the Great Lakes and the St. corrective action. from Anticosti Island to the north shore Lawrence River as far east as a straight Managing operator means an of the St. Lawrence River. line drawn from Cap des Rosiers to West organization or person, such as the Gross tons means the gross ton Point, Anticosti Island and, on the north manager or the bareboat charterer of a measurement of the vessel under 46 side of Anticosti Island, the 63rd vessel, who has assumed the U.S.C. Chapter 145, Regulatory meridian. responsibility for operation of the vessel Measurement. For a vessel measured Lakes, bays, and sounds means a from the vessel owner and who, on under only 46 U.S.C. Chapter 143, route on any of the following waters: assuming responsibility, has agreed to Convention Measurement, the vessel’s (1) A lake other than the Great Lakes. take over all the duties and gross tonnage measured under 46 U.S.C. (2) A bay. responsibilities imposed by this Chapter 143 is used to apply all (3) A sound. subchapter.

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Nationally recognized testing Officer in charge of a (or the) recognized by the Coast Guard in laboratory or NRTL means an navigational watch means the same as accordance with part 8 of this chapter. organization that the Occupational in 46 CFR 10.107. Replacement in kind means Safety and Health Administration Oil or hazardous material in bulk, as replacement of equipment or (OSHA) has recognized as meeting the used in this subchapter, means that the components that have the same requirements in 29 CFR 1910.7. These towing vessel tows, pushes, or hauls technical specifications as the original requirements are for the capability, alongside a tank barge or barges item and provide the same service. If the control programs, complete certificated to carry cargoes under replacement item upgrades the system independence, and reporting and subchapters D or O of this chapter. in any way, the change is not a complaint-handling procedures to test Operating station means a steering replacement in kind. and certify specific types of products for station on the vessel, or the barge being Rescue boat means a boat designed to workplace safety. This means, in part, towed or pushed, from which the vessel rescue persons in distress and to that an organization must have the is normally navigated. marshal survival craft. necessary capability both as a product Owner means the owner of a vessel, Rivers means a route on any river, safety testing laboratory and as a as identified on the vessel’s certificate of canal, or other similar body of water product certification body to receive documentation or state registration. designated by the cognizant OCMI. OSHA recognition as an NRTL. Persons in addition to the crew mean Safety Management System or SMS New towing vessel means a towing any people onboard the vessel, means a structured and documented vessel, subject to inspection under this including passengers, who are not a system that enables personnel involved subchapter, that: crewmember. in vessel operations or management, as (1) Had its keel laid or was at a similar Policy means a specific statement of identified in the SMS, to effectively stage of construction on or after July 20, principles or a guiding philosophy that implement the safety and environmental 2017; or demonstrates a clear commitment by protection requirements of this (2) Underwent a major conversion management, or a statement of values or subchapter, and is routinely exercised that was initiated on or after July 20, intentions that provide a basis for and audited. 2017. consistent decision making. Skiff means a small auxiliary boat Non-conformity means a situation Power and lighting circuit means a carried on board a towing vessel. where objective evidence indicates that branch circuit as defined in Article 100 Survey means an examination of the a specified SMS requirement is not of NFPA’s National Electrical Code vessel, including its systems and fulfilled. (NEC) (incorporated by reference, see equipment, to verify compliance with Objective evidence means quantitative § 136.112) that serves any essential applicable regulations, statutes, or qualitative information, records, or system, distribution panel, lighting, conventions, and treaties. statements of fact pertaining to safety or motor or motor group, or group of Terminal gear means the additional to the existence and implementation of receptacles. Where multiple loads are equipment or appurtenances at either an SMS element, which is based on served, the circuit is considered to be end of the hawser or tow cable that observation, measurement, or testing the conductor run that will carry the connects the towing vessel and its tow that can be verified. This may include, current common to all the loads. ‘‘Power together. Terminal gear may include but is not limited to, towing gear limited circuit’’ conductors under such items as winches, thimbles, equipment certificates and maintenance Article 725 of the NEC and chafing gear, shackles, pendants, or documents, training records, repair ‘‘instrumentation’’ conductors under bridles. records, Coast Guard documents and Article 727 of the NEC are not Third-party organization or TPO certificates, surveys, classification considered to be power and lighting means an organization approved by the society reports, or TPO records. circuits. Coast Guard to conduct independent Oceans means a route that is more Pressure vessel, fired or unfired, verifications to assess whether towing than 20 nautical miles offshore on any means a closed tank or cylinder vessels or their TSMSs comply with of the following waters: containing gas, vapor, or liquid, or a applicable requirements contained in (1) Any ocean. combination thereof, under pressure this subchapter. (2) The Gulf of Mexico. greater than atmospheric pressure. Tow means the barge(s), vessel(s), or (3) The Caribbean Sea. Procedure means a specification of a object(s) being pulled, pushed, or (4) The Bering Sea. series of actions or operations that must hauled alongside a towing vessel. (5) The Gulf of Alaska. be executed in the same manner in Towing vessel means a commercial (6) Such other similar waters as may order to uniformly comply with vessel engaged in or intending to engage be designated by the cognizant Coast applicable policies. in the service of pulling, pushing, or Guard District Commander. Protected waters means sheltered hauling alongside, or any combination Officer in Charge, Marine Inspection waters presenting no special hazards, of pulling, pushing, or hauling or OCMI means an officer of the Coast such as most rivers, harbors, and lakes, alongside. Guard designated as such by the Coast and that is not determined to be Towing Safety Management System or Guard and who, under the direction of exposed waters or partially protected TSMS means an SMS for a towing vessel the Coast Guard District Commander, is waters by the cognizant OCMI. as described in part 138 of this in charge of a marine inspection zone, Propulsor means a device (e.g., subchapter. described in 33 CFR part 3, for the propeller or water jet) that imparts force Towing vessel record or TVR means a performance of duties with respect to to a column of water in order to propel book, notebook, or electronic record the inspection, enforcement, and a vessel, together with any equipment used to document events as required by administration of vessel safety and necessary to transmit the power from this subchapter. navigation laws and regulations. The the propulsion machinery to the device Unsafe condition means a major non- ‘‘cognizant OCMI’’ is the OCMI who has (shafting, gearing, etc.). conformity observed on board a vessel, immediate jurisdiction over a vessel for Recognized classification society or an incident that would cause the the purpose of performing these duties. means a classification society owner or managing operator to request

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a permit to proceed from the Coast information on the availability of this (1) ANSI/ISO/ASQ Q9001–2000, Guard. material at NARA, call 202–741–6030 or Quality management systems— Unsafe practice means a habitual or go to: http://www.archives.gov/federal_ Requirements, approved December 13, customary action or method, or a single register/code_of_federalregulations/ibr_ 2000, IBR approved for §§ 138.310(d), action, that creates a significant risk of locations.html. 139.120(d) and 139.130(b) of this harm to life, property, or the marine (b) American Boat and Yacht Council subchapter. environment, or that contravenes a (ABYC), 613 Third Street, Suite 10, (2) [Reserved] recognized standard of care contained in Annapolis, MD 21403, 410–990–4460, (e) FM Approvals, P.O. Box 9102, law; regulation; applicable international http://www.abycinc.org/. Norwood, MA 02062, 781–440–8000, convention; or international, national, (1) E–11 (2003)—AC and DC Electrical http://www.fmglobal.com/. or industry consensus standard. Systems on Boats, dated July 2003, IBR (1) Approval Standard for Storage Warm water means water where the approved for § 143.520(a) of this Cabinets (Flammable and Combustible monthly mean low water temperature is subchapter. liquids), Class Number 6050 (Standard normally more than 15 degrees Celsius (2) H–2 (2000)—Ventilation of Boats 6050), dated December 1996, IBR (59 degrees Fahrenheit). Using Gasoline, dated July 2000, IBR approved for § 142.225(c) of this Western Rivers means the Mississippi approved for § 143.520(a) of this subchapter. River, its tributaries, South Pass, and subchapter. (2) [Reserved] Southwest Pass, to the navigational (3) H–22 (2005)—Electric Bilge Pump (f) International Maritime demarcation lines dividing the high seas Systems, dated July 2005, IBR approved Organization (IMO), Publications from harbors, rivers, and other inland for § 143.520(a) of this subchapter. Section, 4 Albert Embankment, London waters of the United States, and the Port (4) H–24 (2007)—Gasoline Fuel SE1 7SR, United Kingdom, +44 (0)20 Allen-Morgan City Alternate Route, and Systems, dated July 2007, IBR approved 7735 7611, http://www.imo.org/. that part of the Atchafalaya River above for § 143.520(a) of this subchapter. (1) Resolution A.520(13)—Code of its junction with the Port Allen-Morgan (5) H–25 (2003)—Portable Gasoline Practice for the Evaluation, Testing and City Alternate Route including the Old Fuel Systems, reaffirmed July 2003, IBR Acceptance of Prototype Novel Life- River and the Red River, and those approved for §§ 143.265(b) and saving Appliances and Arrangements, waters specified in 33 CFR 89.25 and 143.520(a) of this subchapter. adopted November 17, 1983, IBR 89.27, and such other, similar waters as (6) H–32 (2004)—Ventilation of Boats approved for § 141.225(c) of this are designated by the COTP. Using Diesel Fuel, dated July 2004, IBR subchapter. Workboat means a vessel that pushes, approved for § 143.520(a) of this (2) Resolution A.658(16)—Use and pulls, or hauls alongside within a subchapter. Fitting of Retro-Reflective Materials on worksite. Life-saving Appliances, adopted Worksite means an area specified by (7) H–33 (2005)—Diesel Fuel Systems, October 19, 1989, IBR approved for the cognizant OCMI within which dated July 2005, IBR approved for § 141.340(f) of this subchapter. workboats are operated over short §§ 143.265(e) and 143.520(a) of this distances for moving equipment in subchapter. (3) Resolution A.688(17)—Fire Test support of dredging, construction, (8) P–1 (2002)—Installation of Procedures For Ignitability of Bedding maintenance, or repair work. A worksite Exhaust Systems for Propulsion and Components, adopted November 6, may include shipyards, owner’s yards, Auxiliary Engines, dated July 2002, IBR 1991, IBR approved for § 144.430(b) of or lay-down areas used by marine approved for §§ 143.520(a) and 144.415 this subchapter. construction projects. This definition of this subchapter. (4) Resolution A.760(18)—Symbols does not include the movement of (9) P–4 (2004)—Marine Inboard Related to Life-Saving Appliances and barges carrying oil or hazardous Engines and Transmissions, dated July Arrangements, adopted November 4, material in bulk. 2004, IBR approved for § 143.520(a) of 1993, IBR approved for § 141.340(h) of Work space means any area on the this subchapter. this subchapter. vessel where the crew may be present (c) American Bureau of Shipping (5) International Convention for the while on duty and performing their (ABS), ABS Plaza, 16855 Northchase Safety of Life at Sea, 1974, as amended assigned tasks. Drive, Houston, TX 77060, 281–877– (SOLAS), Consolidated Edition 5800, http://www.eagle.org. (including Erratum), 2009, IBR § 136.112 Incorporation by reference. (1) Rules for Building and Classing approved for §§ 136.115(b), 141.105(b) (a) Certain material is incorporated by Steel Vessels for Service on Rivers and and (c), and 142.205(a) of this reference into this subchapter with the Intracoastal Waterways, 2007, IBR subchapter. approval of the Director of the Federal approved for §§ 143.515(a), 143.540(b), (g) International Organization for Register under 5 U.S.C 552(a) and 1 CFR 143.550(a), 143.580(b), and 144.205(a) of Standardization (ISO), Case Postal 56, part 51. To enforce any edition other this subchapter. CH–1211 Geneva 20, Switzerland, +41 than that specified in this section, the (2) Rules for Building and Classing 22 749 01 11, http://www.iso.org/. Coast Guard must publish a document Steel Vessels Under 90 Meters (295 (1) ISO 9001:2008(E)—International in the Federal Register and the material Feet) in Length, 2006, including Standard: Quality management must be available to the public. All Supplement to Part 1 (dated January 1, systems—Requirements, Fourth edition, approved material is available for 2008) and Corrigenda Notices 1 to 13 (in dated November 15, 2008 (corrected inspection at the U.S. Coast Guard, effect as of July 1, 2010), IBR approved version dated July 15, 2009), IBR Office of Design and Engineering for §§ 143.515(a), 143.540(a), 143.545(b), approved for §§ 138.310(d) and Standards (CG–ENG), 2703 Martin 143.550(a), 143.555(b), 143.580(a), 139.130(b) of this subchapter. Luther King Jr. Avenue SE., Stop 7509, 143.600, and 144.205(a) of this (2) ISO 14726:2008(E)—International Washington, DC 20593–7509, and is subchapter. Standard: Ships and marine technology- available from the sources listed below. (d) American Society for Quality Identification colours for the content of It is also available for inspection at the (ASQ), Quality Press, P.O. Box 3005, piping systems, First edition, dated May National Archives and Records , WI 53201–3005, 800–248– 1, 2008, IBR approved for § 143.250(e) of Administration (NARA). For 1946, http://asq.org/. this subchapter.

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(h) National Fire Protection approved for § 143.415(a) of this issuing a towing vessel COI, and may Association (NFPA), 1 Batterymarch subchapter. board a vessel at any time to verify Park, Quincy, MA 02169, 800–344– (3) UL 1275—Standard for Safety for compliance and take appropriate action. 3555, http://www.nfpa.org/. Flammable Liquid Storage Cabinets, (c) An owner or managing operator (1) NFPA 10—Standard for Portable Third Edition, dated June 30, 2005 choosing the Coast Guard option may Fire Extinguishers, 2007 Edition, (including revisions through February use a management system, vessel effective August 17, 2006, IBR approved 26, 2010), IBR approved for § 142.225(c) operations manual, towing vessel record for § 142.240(a) of this subchapter. of this subchapter. (TVR), or logbook to meet this subchapter’s recordkeeping (2) NFPA 70—National Electrical § 136.115 Equivalents. Code (NEC), 2002 Edition, effective requirements. (a) The Coast Guard may approve any August 2, 2001, IBR approved for (d) When submitting an application arrangement, fitting, appliance, §§ 136.110, 143.555(b), and 143.565(b) for inspection, the owner or managing apparatus, equipment, calculation, of this subchapter. operator must specify on the application information, or test that provides a level (3) NFPA 302—Fire Protection which option he or she chooses for each of safety equivalent to that established Standard for Pleasure and Commercial particular towing vessel. Owners or by any specific provision of this Motor Craft, 1998 Edition, IBR approved managing operators may choose subchapter. Submit requests for different options for the individual for §§ 143.265(e) and 144.415 of this approval to the Coast Guard via the subchapter. vessels within their fleets. cognizant OCMI. The Marine Safety (e) Requests to change options during (4) NFPA 306—Standard for the Center may require engineering Control of Gas Hazards on Vessels, 2014 the period of validity of an existing COI evaluations and tests to verify the must be accompanied by an application Edition, effective June 17, 2013, IBR equivalence. approved for § 140.665(a) of this to the OCMI for a new COI. If the (b) The Coast Guard may accept requirements for the new option are subchapter. compliance with the provisions of (5) NFPA 750—Standard on Water met, the OCMI will issue the vessel a SOLAS applicable to the vessel’s size new COI. Mist Fire Protection Systems, 2006 and route (incorporated by reference, Edition, effective February 16, 2006, IBR see § 136.112), as an equivalent to § 136.172 Temporary compliance for approved for § 136.110. specific requirements of this subchapter. existing towing vessels. (6) NFPA 1971—Standard on Submit requests for a determination of An existing towing vessel subject to Protective Ensembles for Structural Fire- equivalency for a particular vessel to the this subchapter will remain subject to Fighting and Proximity Fire-Fighting, Coast Guard via the cognizant OCMI. Coast Guard regulations applicable to 2007 Edition, effective August 17, 2006, (c) Alternative compliance the vessel on July 19, 2016 until either IBR approved for § 142.226(a) of this arrangement provisions related to SMSs July 20, 2018 or the date the vessel subchapter. are contained in § 138.225 of this obtains a COI, whichever date is earlier. (i) Society of Automotive Engineers subchapter. (SAE), 400 Commonwealth Drive, (d) Alternate compliance § 136.175 Approved equipment. Warrendale, PA 15096, 724–776–4841, arrangements must be documented Where equipment in this subchapter http://www.sae.org/. within the TSMS applicable to the is required to be of an approved type, (1) ANSI/SAE Z 26.1–1996, American vessel. such equipment requires the specific National Standard for Safety Glazing approval of the Coast Guard. A list of Materials for Glazing Motor Vehicles § 136.120 Special consideration. approved equipment and materials may and Motor Vehicle Equipment Based on a review of relevant be found online at http:// Operating on Land Highways—Safety information and on the TSMS cgmix.uscg.mil/Equipment/ Standard, approved August 11, 1997, applicable to the vessel, the cognizant EquipmentSearch.aspx. Any OCMI may IBR approved for § 144.905(e) of this OCMI who issues the COI may give be contacted for information concerning subchapter. special consideration to authorizing approved equipment and materials. (2) SAE J1475 Revised JUN96— departures from specific requirements, § 136.180 Appeals. Hydraulic Hose Fitting for Marine when unusual circumstances or Applications, revised June 1996, IBR arrangements warrant such departures Any person directly affected by a approved for § 143.265(d) of this and when an equivalent level of safety decision or action taken under this subchapter. is provided. subchapter, by or on behalf of the Coast (3) SAE J1942 Revised APR2007— Guard, may appeal in accordance with § 136.130 Options for documenting 46 CFR 1.03. Hose and Hose Assemblies for Marine compliance to obtain a Certificate of Applications, revised April 2007, IBR Inspection. Subpart B—Certificate of Inspection approved for § 143.265(d) of this (a) There are two options for subchapter. documenting compliance with the § 136.200 Certificate required. (j) UL (formerly Underwriters requirements in this subchapter to (a) A towing vessel may not be Laboratories, Inc.), 12 Laboratory Drive, obtain a COI: operated without having onboard a Research Triangle Park, NC 27709, 919– (1) The Coast Guard option, in which valid COI issued by the Coast Guard as 549–1400, http://www.ul.com/. all inspections of the towing vessel are required by § 136.202. (1) UL 217—Standard for Safety for conducted by the Coast Guard, as (b) Each towing vessel certificated Single and Multiple Station Smoke discussed in § 136.210 and parts 137 under the provisions of this subchapter Alarms, Sixth Edition, dated August 25, and 140 through 144 of this subchapter; must be in full compliance with the 2006 (including revisions through or terms of the COI. November 20, 2012), IBR approved for (2) The TSMS option, as discussed in (c) If necessary to prevent the delay of § 142.330(b) of this subchapter. § 136.210, and in parts 137 through 144 the vessel, the Coast Guard may issue a (2) UL 1104—Standards for Safety for of this subchapter. temporary COI to a towing vessel, Marine Navigation Lights, Second (b) Regardless of the option chosen, pending the issuance and delivery of the Edition, dated October 29, 1998, IBR the Coast Guard is responsible for permanent COI. The temporary COI

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must be carried in the same manner as (a) In addition to Form CG–3752, the (c) Time of issuance of COI. The the regular COI and is equivalent to the owner or managing operator must OCMI will issue a vessel a new COI after permanent COI that it represents. submit: the vessel successfully completes the (d) A towing vessel on a foreign (1) For initial certification: inspection for certification. voyage between a port in the United (i) Vessel particular information; and § 136.215 Period of validity. States and a port in a foreign country (ii) Number of persons in addition to whose COI expires during the voyage the crew, if requested; or (a) A COI for a towing vessel is valid may lawfully complete the voyage (2) For a renewal of certification: for 5 years from the date of issue. without a valid COI, provided the (i) Any changes to the information in (b) For a towing vessel utilizing the voyage is completed within 30 days of paragraph (a)(1) of this section; and TSMS option, the COI is invalid upon the expiration or revocation of the expiration, and provided that the COI (ii) A description of any modifications owner or managing operator TSMS did not expire within 15 days of sailing to the vessel. certificate or the ISM Code Certificate. on the foreign voyage from a U.S. port. (b) In addition to Form CG–3752 and (c) A COI may be suspended and the requirements of paragraph (a) of this § 136.202 Certificate of Inspection phase- withdrawn or revoked by the cognizant section, the owner or managing operator in period. Officer in Charge, Marine Inspection at of vessels utilizing the TSMS option (a) All owners or managing operators any time for noncompliance with the must submit: of more than one existing towing vessel requirements of this subchapter. required to have a COI by this (1) Objective evidence that the owner subchapter must ensure that each or managing operator and the vessel are § 136.220 Posting. existing towing vessel under their in compliance with the TSMS (a) The original COI must be framed ownership or control is issued a valid requirements in part 138 of this under glass or other transparent material COI according to the following subchapter; and and posted in a conspicuous place schedule: (2) Objective evidence that the onboard the towing vessel. (1) By July 22, 2019, at least 25 vessel’s structure, stability, and (b) If posting is impracticable, the COI percent of the towing vessels must have essential systems comply with the must be kept on board in a weathertight valid COIs on board; applicable requirements of this container and must be readily available. subchapter for the intended route and (2) By July 20, 2020, at least 50 § 136.230 Routes permitted. percent of the towing vessels must have service. This objective evidence may be valid COIs on board; in the form of a survey report issued by (a) The area of operation for each (3) By July 19, 2021, at least 75 a TPO or another form acceptable to the towing vessel and any necessary percent of the towing vessels must have Coast Guard. operational limits are determined by the cognizant OCMI and recorded on the valid COIs on board; and § 136.212 Inspection for certification. (4) By July 19, 2022, 100 percent of vessel’s COI. Each area of operation, (a) Frequency of inspections. After a the towing vessels must have valid COIs referred to as a route, is described on the towing vessel receives its initial COI, on board. COI under the major headings the OCMI will inspect a towing vessel (b) All owners or managing operators ‘‘Oceans,’’ ‘‘Coastwise,’’ ‘‘Limited subject to this subchapter located in his of only one existing towing vessel Coastwise,’’ ‘‘Great Lakes,’’ ‘‘Lakes, or her jurisdiction at least once every 5 required to have a COI by this Bays, and Sounds,’’ or ‘‘Rivers,’’ as years. The OCMI must ensure that every subchapter must ensure the vessel has applicable. Additional limitations towing vessel is of a structure suitable an onboard, valid COI by July 20, 2020. imposed or extensions granted are (c) A new towing vessel must obtain for its intended route. If the OCMI described by reference to bodies of a COI before it enters into service. deems it necessary, he or she may direct waters, geographical points, distances the vessel to get underway, and may from geographical points, distances § 136.205 Description. adopt any other suitable means to test from land, depths of channel, seasonal A towing vessel’s COI describes the the towing vessel and its equipment. limitations, and similar factors. vessel, routes that it may travel, (b) Nature of inspection. The (b) Operation of a towing vessel on a minimum manning requirements and inspection will ensure that the vessel is route of lesser severity than those total persons allowed onboard, safety in satisfactory condition and fit for the specifically described or designated on equipment and appliances required to service for which it is intended, and that the COI is permitted, unless the route is be onboard, horsepower, and other it complies with the applicable statutes expressly prohibited on the COI. The information pertinent to the vessel’s and regulations for such vessels. The general order of decreasing severity of operations as determined by the OCMI. inspection will include inspections of routes is: Oceans; coastwise; limited the structure, pressure vessels and their coastwise; Great Lakes; lakes, bays, and § 136.210 Obtaining or renewing a COI. appurtenances, piping, main and sounds; and rivers. The cognizant OCMI Owners and managing operators must auxiliary machinery, electrical may prohibit a vessel from operating on submit Form CG–3752, ‘‘Application for installations, lifesaving appliances, fire a route of lesser severity than the Inspection of U.S. Vessel,’’ to the detecting and extinguishing equipment, primary route on which a vessel is cognizant OCMI where the inspection pilot boarding equipment, and other authorized to operate, if local conditions will take place. The owner or managing equipment. The inspection will also necessitate such a restriction. operator must submit the application at determine that the vessel is in (c) When designating a permitted least 30 days before the vessel will possession of any valid certificates or route or imposing any operational limits undergo the initial inspection for licenses issued by the Federal on a towing vessel, the cognizant OCMI certification. The owner or managing Communications Commission, if may consider: operator must schedule an inspection required. The inspection will also (1) The route-specific requirements of for this initial certification with the include an examination of the vessel’s this subchapter; cognizant OCMI at least 3 months before lights, means of making sound signals (2) The performance capabilities of the vessel is to undergo the inspection and distress signals, and pollution the vessel based on design, scantlings, for certification. prevention systems and procedures. stability, subdivision, propulsion,

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speed, operating modes, repairs. A vessel with a TSMS may (b) For a vessel utilizing the TSMS maneuverability, and other proceed to another port for repair, if: option, the vessel may engage in an characteristics; (1) In the judgment of the owner, excursion, if: (3) The suitability of the vessel for managing operator, or master, the trip (1) In the opinion of the owner, nighttime operations and use in all can be completed safely; managing operator, or master the weather conditions; (2) The TSMS addresses the condition operation can be undertaken safely; (4) Vessel operations in globally of the vessel that has resulted in non- (2) The TSMS addresses the remote areas or severe environments not compliance and the necessary temporary excursion operation covered by this subchapter. Such areas conditions under which the vessel may contemplated; the necessary conditions may include, but are not limited to, safely proceed to another port for repair; under which the vessel may safely polar regions, remote islands, areas of (3) The vessel proceeds as provided in conduct the operation, including the extreme weather, or other remote areas the TSMS and does not tow while number of persons the vessel may carry; where timely emergency assistance proceeding, unless the owner or the crew required; and any additional cannot be anticipated; and managing operator determines that it is lifesaving or safety equipment required; (5) The TSMS applicable to the vessel, safe to do so; and (3) The vessel proceeds as provided in if the vessel has one. (4) The owner or managing operator the TSMS; and (4) The owner, managing operator, or § 136.235 Certificate of Inspection notifies the cognizant OCMI in whose amendment. zone the non-compliance occurred or is master notifies the cognizant OCMI at least 48 hours prior to the temporary (a) An amended COI may be issued at discovered, before the vessel proceeds. excursion operation. The cognizant any time by the cognizant OCMI. The The owner or operator must also notify OCMI may require submission of amended COI replaces the original, but the cognizant OCMI in any other OCMI the expiration date remains the same as zones through which the vessel will pertinent provisions of the TSMS that of the original. An amended COI transit. applicable to the vessel for review and may be issued to authorize and record (b) What another vessel must do onboard verification of compliance. If a change in the dimensions, gross before proceeding to another port for the cognizant OCMI has reasonable tonnage, owner, managing operator, repairs. If a vessel does not have a cause to believe that the TSMS manning, persons permitted, route TSMS, or a vessel has one but it does applicable to the vessel is insufficient permitted, conditions of operations, or not address the condition of the vessel for the intended excursion, additional equipment of a towing vessel, from that that has resulted in non-compliance or information may be requested and/or specified in the current COI. the necessary conditions under which additional requirements may be (b) The owner or managing operator of the vessel may safely proceed to another imposed. the towing vessel must make a request port for repair, the owner, managing (c) If the towing vessel is not under a for an amended COI to the cognizant operator, or master must request TSMS, or the TSMS applicable to the OCMI any time there is a change in the permission to proceed from the vessel does not address the temporary character of the vessel or in its route, cognizant OCMI in whose zone the non- excursion operation: equipment, ownership, operation, or compliance occurs or is discovered. (1) The owner or managing operator similar factors specified in its current This permission operates as follows: must submit an application to the COI. The OCMI may need to conduct an (1) The request for permission to cognizant OCMI. The application must inspection before issuing an amended proceed may be made electronically, in state the intended route, number of COI. writing, or orally. The cognizant OCMI passengers or guests, and any other (c) For those vessels selecting the may require a written description, a conditions applicable to the excursion TSMS option, the owner or managing damage survey, or other documentation that exceed those specified in its COI. operator of the towing vessel must to assist in determining the nature and (2) The cognizant OCMI may issue the provide to the OCMI objective evidence seriousness of the non-compliance. permit either on Form CG–949, ‘‘Permit of compliance with the requirements in (2) The vessel will not engage in To Carry Excursion Party,’’ or in letter this subchapter prior to the issuance of towing, unless the cognizant OCMI form. The cognizant OCMI will indicate an amended COI. The evidence must: determines it is safe to do so. on the permit the conditions under (1) Be from a TPO and prepared in (3) The Coast Guard may issue the which it is issued, the number of accordance with parts 138 and 139 of permit either on Form CG–948, ‘‘Permit persons the vessel may carry, the crew this subchapter; and to Proceed to Another Port for Repairs,’’ required, any additional lifesaving or (2) Consider the change in the or in letter form, and will state the safety equipment required, the route for character of a vessel or in its route, conditions under which the vessel may which the permit is granted, and the equipment, ownership, operation, or proceed to another port for repair. dates on which the permit is valid. The similar factors specified in the vessel’s (c) Inspection or examination. The application may be made electronically, current COI. cognizant OCMI may require an in writing, or orally. inspection of the vessel by a Coast (3) The vessel may not engage in § 136.240 Permit to proceed. Guard Marine Inspector or an towing during the excursion, unless the Permission to proceed to another port examination by a surveyor from a TPO cognizant OCMI determines it is safe to for repairs (Form CG–948) may be prior to the vessel proceeding. do so. required for a towing vessel that is no (d) The cognizant OCMI may require longer in compliance with its COI. This § 136.245 Permit to carry excursion party an inspection of the vessel by a Coast permission may be necessary in certain or temporary extension or alteration of Guard Marine Inspector or an situations, including damage to the route. examination by a surveyor from a TPO vessel, failure of an essential system, or (a) A towing vessel must obtain prior to the vessel proceeding. failure to comply with a regulation, approval to engage in an excursion prior including failure to comply with the to carrying a greater number of persons § 136.250 Load lines. TSMS requirements, if appropriate. than permitted by the COI, or to Vessels described in Table 136.250 of (a) What a vessel with a TSMS must temporarily extend or alter its area of this section that operate on the Great do before proceeding to another port for operation. Lakes or outside the Boundary Lines, as

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set forth in 46 CFR part 7, are subject E of this chapter in the following to load line requirements in subchapter circumstances:

TABLE 136.250

A vessel that— Is subject to load line requirements in subchapter E of this chapter if it is—

(a) Is on an international voyage— (1) Seventy nine (79) feet (24 meters) or more in length and built on or after July 21, 1968; or (2) One hundred and fifty (150) gross tons or more if built before July 21, 1968. (b) Is on a domestic voyage— ...... (1) Seventy nine (79) feet (24 meters) or more in length and built on or after January 1, 1986; or (2) One hundred and fifty (150) gross tons or more if built before January 1, 1986.

PART 137—VESSEL COMPLIANCE § 137.120 Responsibility for compliance. (2) Other vessel identifier, such as an (a) The owner and managing operator official number or State number; Sec. must ensure that the towing vessel is in (3) Name and business address of Subpart A—General compliance with this subchapter and owner or managing operator; (4) Date and location of the survey; 137.100 Purpose. other applicable laws and regulations at 137.120 Responsibility for compliance. all times. (5) Date the report of the survey was 137.130 Program for vessel compliance for (b) Non-conformities and deficiencies issued, if different than the date the the Towing Safety Management System must be corrected in a timely manner. survey was concluded; (TSMS) option. (6) Name of the surveyors; 137.135 Reports and documentation § 137.130 Program for vessel compliance (7) Name and business address of the for the Towing Safety Management System required for the TSMS option. TPO the surveyors represent, if (TSMS) option. applicable; Subpart B—Inspections and Surveys for The owner or managing operator of a Certification (8) Signatures of surveyors; towing vessel choosing to use the TSMS (9) A descriptive list of the items 137.200 Documenting compliance for the option must implement an external or examined or witnessed during each Coast Guard inspection option. internal survey program for vessel survey; 137.202 Documenting compliance for the compliance. The program for vessel (10) A descriptive list of all non- TSMS option. compliance can be either: conformities identified during each 137.205 External survey program. (a) An external survey program, in 137.210 Internal survey program. survey, including those that were which the owner or managing operator 137.212 Coast Guard oversight of vessel corrected during the course of the survey program for vessels under the would have a third-party organization survey; TSMS option. (TPO) conduct either the surveys (11) A descriptive list of: 137.215 General conduct of survey. required by § 137.205, the examinations (i) All non-conformities remaining at 137.220 Scope. required by § 137.310, or both; or the end of each survey; (b) An internal survey program, in (ii) The required corrective actions; Subpart C—Drydock and Internal Structural which the owner or managing operator Surveys (iii) The latest date of required would conduct either the surveys corrective action; and 137.300 Intervals for drydock and internal required by § 137.210, the examinations (iv) A description of the means by structural examinations. required by § 137.315, or both, using which the corrective actions were 137.302 Documenting compliance for the internal resources or contracted verified; Coast Guard inspection option. 137.305 Documenting compliance for the surveyors. The internal survey program (12) A descriptive list of items that TSMS option. would be conducted with the oversight need to be repaired or replaced before 137.310 External survey program. of a TPO. the vessel continues service; and 137.315 Internal survey program. (c) Each program of either type must (13) A statement that the vessel 137.317 Coast Guard oversight of drydock include: complies with the applicable and internal structural examination (1) Owner or managing operator requirements of this subchapter and is program for vessels under the TSMS policy regarding the surveying and fit for its route and service, subject to option. examination of towing vessels; the correction of non-conformities. 137.320 Vessels holding a valid load line (2) Procedures for conducting towing (b) The owner or managing operator certificate. vessel surveys and examinations, as must provide objective evidence of 137.322 Classed vessels. described in this part; compliance with this part in accordance 137.325 General conduct of examination. (3) Procedures for reporting and with the TSMS applicable to the vessel. 137.330 Scope of the drydock examination. correcting non-conformities and 137.335 Underwater survey in lieu of deficiencies; Subpart B—Inspections and Surveys drydocking. (4) Identification of the individual or for Certification Authority: 46 U.S.C. 3103, 3301, 3306, individuals responsible for the 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS § 137.200 Documenting compliance for the management of the program, and their Coast Guard inspection option. Delegation 0170.1. qualifications; and A towing vessel subject to this Subpart A—General (5) Documentation of compliance activities. subchapter and choosing the Coast § 137.100 Purpose. Guard inspection option, or required to § 137.135 Reports and documentation have the Coast Guard inspection option, This part describes the procedures required for the TSMS option. must undergo an annual inspection owners or managing operators of towing (a) The TSMS option requires a report within 3 months before or after the COI vessels must use to demonstrate detailing each internal survey of a anniversary date. compliance with the requirements of towing vessel. Each report must include: (a) Owners and managing operators this subchapter. (1) Vessel name; must contact the cognizant Officer in

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Charge, Marine Inspection (OCMI) to (2) Ensure the survey is conducted in (a) Require an audit or survey of the schedule an inspection at a time and accordance with § 137.215; vessel in the presence of a place the OCMI approves. No written (3) Ensure the survey is conducted representative of the cognizant OCMI; application is required. within 3 months of the anniversary date (b) Increase the frequency of the (b) Annual inspections will be similar of the COI; audits; to the inspection for certification but (4) Ensure the TSMS applicable to the (c) For vessels under the internal will cover less detail unless the marine vessel includes policies and procedures survey program, require that the vessel inspector finds deficiencies or for complying with this section; and comply with the external survey determines that a major change has (5) Make the applicable sections of the program requirements of § 137.205; occurred since the last inspection. If the TSMS available to the surveyor. (d) Require any other specific action marine inspector finds deficiencies or (b) The TPO must issue a report that within his or her authority that he or finds that a major change to the vessel meets the requirements in § 137.135. she considers appropriate; or has occurred, he or she will conduct a (e) For repeatedly deficient surveys, more detailed inspection to ensure that § 137.210 Internal survey program. remove the vessel and or owner or the vessel is in satisfactory condition (a) The owner or managing operator of managing operator from using the TSMS and fit for the service for which it is a towing vessel that has selected the option. intended. If the vessel passes the annual TSMS option and who has chosen to inspection, the Coast Guard will demonstrate vessel compliance through § 137.215 General conduct of survey. endorse the vessel’s current Certificate an internal survey program must ensure (a) When conducting a survey of a of Inspection (COI). that the TSMS applicable to the vessel towing vessel as required by this (c) If the annual inspection reveals the includes: subpart, the surveyor must determine need, the owner or managing operator (1) Procedures for surveying and that the item or system functions as must make any or all repairs or testing described in § 137.215; designed, is free of defects or improvements within the time period (2) Equipment, systems, and onboard modifications that reduce its specified by the OCMI. The OCMI may procedures to be surveyed; effectiveness, is suitable for the service use Form CG–835, ‘‘Notice of Merchant (3) Identification of items that would intended, and functions safely in a Marine Inspection Requirements,’’ to manner consistent for vessel type, record deficiencies discovered during need repair or replacement before the vessel could continue in service, such as service and route. the inspection. The OCMI will then give (b) The survey must address the items a copy of the completed form to the deficiencies identified on Form CG–835, ‘‘Notice of Merchant Marine Inspection in § 137.220 as applicable, and must master of the vessel. include: (d) Nothing in this subpart limits the Requirements,’’ noted survey (1) A review of certificates and marine inspector from conducting any deficiencies, non-conformities, or other tests or inspections he or she deems corrective action reports; documentation held on the vessel; necessary to be assured of the vessel’s (4) Procedures for documenting and (2) A visual examination and tests of seaworthiness or fitness for its route and reporting non-conformities and the vessel and its equipment and service. deficiencies; systems in order to confirm that their (5) Procedures for reporting and condition is properly maintained and § 137.202 Documenting compliance for the correcting major non-conformities; that proper quantities are onboard; TSMS option. (6) The responsible person or persons (3) A visual examination of the The owner or managing operator of a in management who have the authority systems used in support of drills or towing vessel that chooses the TSMS to: training to determine that the option for a towing vessel must (i) Stop all vessel operations pending equipment utilized during a drill document compliance with this subpart the correction of non-conformities and operates as intended; and as follows: deficiencies; (4) A visual examination to confirm (a) Prior to obtaining the vessel’s (ii) Oversee vessel compliance that unapproved modifications were not initial COI, the owner or managing activities; and made to the vessel or its equipment. operator must provide a report to the (iii) Track and verify that non- (c) Beyond the minimum standards Coast Guard of a survey as described in required by this section, the § 137.215 that demonstrates that the conformities and deficiencies were corrected; thoroughness and stringency of the vessel complies the requirements of this survey will depend upon the condition part. (7) Procedures for recordkeeping; and (8) Procedures for assigning personnel of the vessel and its equipment. If a (b) For the re-issuance of the vessel’s surveyor finds a vessel to have multiple COI, the owner or managing operator with requisite experience and expertise to carry out the elements of the survey. deficiencies indicative of systematic must: failures to maintain the installed (1) Provide objective evidence of an (b) The owner or managing operator is equipment, he or she will conduct an external survey program as described in not required to survey the items as expanded examination to ensure all § 137.205; or described in § 137.220 as one event, but (2) Provide objective evidence of an may survey items on a schedule over deficiencies are identified and internal survey program as described in time, provided that the interval between corrective action is promptly taken. § 137.210. successive surveys of any item does not (d) The owner or managing operator exceed 1 year, unless otherwise must notify the cognizant OCMI when § 137.205 External survey program. prescribed. the condition of the vessel, its (a) The owner or managing operator of equipment, systems, or operations, a towing vessel that has selected the § 137.212 Coast Guard oversight of vessel create an unsafe condition. TSMS option and who has chosen to survey program for vessels under the TSMS (e) The cognizant OCMI may require demonstrate compliance through an option. that the owner or managing operator external survey program must: If the cognizant OCMI has reasonable provide for the attendance of a surveyor (1) Have the vessel surveyed annually cause to believe that a vessel’s survey or auditor from a TPO to assist with by a surveyor from a TPO; program is deficient, that OCMI may: verifying compliance with this part.

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§ 137.220 Scope. (5) All overboard discharge and intake (7) Verify the servicing of each The owner or managing operator of a valves and watertight bulkhead pipe inflatable liferaft, inflatable buoyant towing vessel that has selected the penetration valves; apparatus, and inflatable lifejacket as TSMS option must examine or must (6) Means provided for pumping required by subchapter W of this have examined the following systems, bilges; and chapter. equipment, and procedures to ensure (7) Machinery shut-downs and (8) Verify the proper servicing of each that the vessel and its equipment are alarms. hydrostatic release unit, other than a suitable for the service for which the (d) Steering systems. Examine the disposable hydrostatic release unit, as vessel is certificated: condition of, and where appropriate, required under subchapter W of this (a) TSMS. (1) Verify that the vessel is witness the operation of: chapter. enrolled in a TSMS that complies with (1) Steering systems and equipment (9) Verify that the vessel’s crew part 138 of this subchapter. ensuring smooth operation; conducted abandon ship and man (2) Verify that the policies and (2) Auxiliary means of steering, if overboard drills under simulated procedures applicable to the vessel are installed; and emergency conditions. available to the crew. (3) Alarms. (h) Fire protection. Verify that the (3) Verify that internal and external (e) Pressure vessels and boilers. Verify vessel complies with applicable audits are conducted in accordance with that the vessel complies with applicable requirements contained in part 142 of the approved TSMS. requirements in part 143 of this this subchapter, and examine or verify (4) Verify that recordkeeping subchapter. the fire protection equipment and requirements are met. (f) Electrical. Verify that the vessel systems as follows: (b) Hull structure and appurtenances. complies with applicable requirements (1) Verify that the vessel is equipped Verify that the vessel complies with part in part 143 of this subchapter, examine with the required fire protection 144 of this subchapter, examine the the condition of, and where appropriate, equipment for the vessel’s route and condition of, and where appropriate, witness the operation of: service. witness the operation of the following: (1) All cables, as far as practicable, (2) Verify that the inspection, testing, (1) All accessible parts of the exterior without undue disturbance of the cable and maintenance as required by and interior of the hull, the watertight or electrical apparatus; § 142.240 of this subchapter are bulkheads, and weather decks. (2) Circuit breakers, including testing performed. (2) All watertight closures in the hull, by manual operation; (3) Verify that the training decks, and bulkheads, including (3) Fuses, including ensuring the requirements of § 142.245 of this through hull fittings and sea valves. ratings of fuses are suitable for the subchapter are carried out. (3) Superstructure, masts, and similar service intended; (i) Towing gear. Verify that the vessel arrangements constructed on the hull. (4) All generators, motors, lighting complies with the applicable (4) Railings and bulwarks and their fixtures, and circuit interrupting requirements in parts 140 of this attachments to the hull structure. devices; subchapter, and examine or verify the (5) The presence of appropriate (5) Batteries including security of condition of, and where appropriate, the guards or rails. operation of the following: (6) All weathertight closures above stowage; (6) Electrical equipment, which (1) Deck machinery including the weather deck and the provisions for controls, guards, alarms and safety drainage of sea water from the exposed operates as part of or in conjunction with a fire detection or alarm system features. decks. (2) Hawsers, wires, bridles, push gear, installed onboard, to ensure operation (7) Watertight doors, verifying local and related vessel fittings for damage or in case of fire; and and remote operation and proper fit. wear. (7) All emergency electrical systems, (8) All accessible interior spaces to (3) Verify that the vessel complies including any automatic systems if ensure that they are adequately with 33 CFR part 164, if applicable. ventilated and drained, and that means installed. (j) Navigation equipment. Verify that of escape are maintained and operate as (g) Lifesaving. Verify that the vessel the vessel complies with the applicable intended. complies with applicable requirements requirements in part 140 of this (9) Vessel markings. contained in part 141 of this subchapter subchapter, and examine or verify the (c) Machinery, fuel, and piping and examine the condition of lifesaving condition of and, where appropriate, the systems. Verify that the vessel complies equipment and systems as follows: operation of the following: with applicable requirements contained (1) Verify that the vessel is equipped (1) Navigation systems and in part 143 of this subchapter, examine with the required number of lifejackets, equipment. the condition of, and where appropriate, work vests, and immersion suits. (2) Navigation lights. witness the operation of: (2) Verify the serviceable condition of (3) Navigation charts or maps (1) Engine control mechanisms, each lifejacket, work vest, and marine appropriate to the area of operation and including primary and alternate means, buoyant device. corrected up to date. if the vessel is equipped with alternate (3) Verify that each item of lifesaving (4) Examine the operation of means, of starting machinery, equipment found to be defective has equipment and systems necessary to directional controls, and emergency been repaired or replaced. maintain visibility through the shutdowns; (4) Verify that each lifejacket, other pilothouse windows. (2) All machinery essential to the personal floatation device, or other (5) Verify that the vessel complies routine operation of the vessel, lifesaving device found to be defective with 33 CFR part 164, if applicable. including generators and cooling and incapable of repair was destroyed or (k) Sanitary examination. Examine systems; removed. the quarters, toilet and washing spaces, (3) All fuel systems, including fuel (5) Verify that each piece of expired galleys, serving pantries, lockers, and tanks, tank vents, piping, and pipe lifesaving equipment has been replaced. similar spaces to ensure that they are fittings; (6) Examine each survival craft and clean and decently habitable. (4) All valves in fuel lines, including launching appliance in accordance with (l) Unsafe practices. (1) Verify that all local and remote operation; subchapter W of this chapter. observed unsafe practices, fire hazards,

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and other hazardous situations are (1) An internal structural examination (1) A survey program that meets the corrected, and that all required guards of any affected space of a vessel, requirements contained in § 137.325; and protective devices are in including its fuel tanks; (2) Qualifications of the personnel satisfactory condition. (2) A removal of the vessel from authorized to carry out a survey (2) Verify that bilges and other spaces service to assess the extent of the program that are comparable to the are free of excessive accumulation of oil, damage and to affect permanent repairs; requirements of a surveyor from a TPO trash, debris, or other matter that might or as described in § 139.130 of this create a fire hazard, clog bilge pumping (3) An adjustment of the drydock subchapter; examination intervals to monitor the systems, or block emergency escapes. (3) Procedures for documenting and (m) Vessel personnel. Verify that the: vessel’s structural condition. reporting non-conformities and (1) Vessel is manned in accordance deficiencies; with the vessel’s COI; § 137.302 Documenting compliance for the Coast Guard inspection option. (2) Crew is maintaining vessel logs (4) Procedures for reporting and and records in accordance with The managing owner or managing correcting major non-conformities; applicable regulations and the TSMS operator of a towing vessel, who has (5) The identification of a responsible appropriate to the vessel; selected the Coast Guard inspection person in management who has the (3) Crew is complying with the crew option, must make their vessel available authority to stop all vessel operations safety and personnel health for the Coast Guard to conduct the pending corrections, to oversee vessel requirements of part 140 of this examinations required by this subpart in compliance activities, and to track and subchapter; and accordance with the intervals prescribed verify the corrections of non- (4) Crew has received training in § 137.300. conformities and deficiencies; and required by parts 140, 141, and 142 of § 137.305 Documenting compliance for the (6) Objective evidence that supports this subchapter. TSMS option. the completion of all elements of a (n) Prevention of oil pollution. The owner or managing operator of a vessel’s drydock and internal structural Examine the vessel to ensure towing vessel, who has selected the examinations. compliance with the oil pollution TSMS option, must document (b) The owner or managing operator prevention requirements in § 140.655 of compliance with this subpart as follows: must notify the TPO responsible for this subchapter. (a) For vessels under the external auditing the TSMS whenever activities (o) Miscellaneous systems and survey program, provide objective related to credit drydocking or internal equipment. Examine all items in the evidence of compliance with § 137.310. structural examinations are to be carried vessel’s outfit, such as ground tackle, (b) For vessels under the internal out prior to commencing the activities. markings, and placards that are required survey program, provide objective (c) The interval between examinations to be carried in accordance with the evidence of compliance with § 137.315. regulations in this subchapter. of each item may not exceed the (c) Provide objective evidence that the applicable interval described in vessel has undergone a drydock and § 137.300. Subpart C—Drydock and Internal internal structural examination, Structural Surveys including options permitted in (d) The owner or managing operator § 137.320 or § 137.322. must notify the cognizant OCMI of the § 137.300 Intervals for drydock and zone within which activities related to internal structural examinations. § 137.310 External survey program. credit drydocking or internal structural (a) Regardless of the option chosen to (a) The owner or managing operator of examinations are to be carried out prior obtain a COI, upon obtaining a COI each a towing vessel that has selected the to commencing the activities. towing vessel must then undergo a TSMS option and who has chosen to drydock and internal structural § 137.317 Coast Guard oversight of demonstrates compliance through an examination at the following intervals: drydock and internal structural examination external survey program must: (1) A vessel that is exposed to salt program for vessels under the TSMS (1) Have the vessel examined by a option. water more than 6 months in any 12- surveyor from a TPO at the intervals month period since the last examination prescribed in § 137.300; If the cognizant OCMI has reasonable or initial certification must undergo a (2) Ensure the examination is cause to believe the program for the drydock and internal structural conducted in accordance with drydock examination and internal examination at least twice every 5 years, § 137.325; structural examination is deficient, he with not more than 36 months between (3) Ensure the TSMS applicable to the or she may: examinations. vessel includes policies and procedures (a) Require an audit of ongoing (2) A vessel that is exposed to salt for complying with this section; and drydocking procedures and of water not more than 6 months in any (4) Make the applicable sections of the documentation applicable to the vessel, 12-month period since the last TSMS available to the surveyor. in the presence of a representative of the examination or initial certification must (b) The drydock examination and cognizant OCMI; undergo a drydock and internal internal structural examination must be (b) Increase the frequency of the structural examination at least once documented in a report that contains audits; every 5 years. the information required in § 137.135. (b) The cognizant OCMI may require (c) For vessels under the internal additional examinations of the vessel § 137.315 Internal survey program. survey program, require an examination whenever he or she discovers or (a) The owner or managing operator of by a TPO; suspects damage or deterioration to hull a towing vessel that has selected the (d) Require any other action within plating or structural members that may TSMS option and who has chosen to his or her authority that he or she affect the seaworthiness or fitness for demonstrate vessel compliance with considers appropriate; or the route or service of a vessel. These this subpart through an internal survey (e) For continued deficiencies, remove examinations may include a drydock program must ensure that the TSMS the vessel, owner, managing operator, or examination, including: applicable to the vessel includes: all three, from the TSMS option.

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§ 137.320 Vessels holding a valid load line subchapter. The drydock examination seaworthiness or fitness for the vessel’s certificate. must be conducted while the vessel is route or service; A drydock and internal structural hauled out of the water or placed in a (2) The vessel has been operated examination performed for a towing drydock or slipway. The Coast Guard satisfactorily since the last drydocking; vessel to maintain a valid load line inspector or surveyor conducting this (3) The vessel is less than 15 years of certificate issued in accordance with examination must: age; subchapter E of this chapter would (1) Examine the exterior of the hull, (4) The vessel has a steel or aluminum count as an examination required under including bottom, sides, headlog, and hull; and § 137.300. stern, and examine all appendages for (5) The vessel is fitted with a hull damage, fractures, wastage, pitting, or protection system. § 137.322 Classed vessels. improper repairs; (b) The owner or managing operator (a) A drydock and internal structural (2) Examine each tail shaft for bends, must submit an application to the examination performed for a towing cracks, and damage, including the cognizant OCMI at least 90 days before vessel to maintain class by the sleeves or other bearing contact surfaces the vessel’s next required drydock American Bureau of Shipping in on the tail shaft for wear. The tail shaft examination. The application must accordance with their rules, as need not be removed for examination if include: appropriate for the intended service and these items can otherwise be properly (1) The procedure for carrying out the routes, would count as an examination evaluated; underwater survey; required under § 137.300. (3) Examine the rudders for damage, (2) The time and place of the (b) A drydock and internal structural the upper and lower bearings for wear, underwater survey; examination performed for a towing and the rudder stock for damage or (3) The method used to accurately vessel to maintain class by a recognized wear. Rudders need not be removed for determine the diver’s or the remotely classification society in accordance with examination if these items can be operated vehicle’s location relative to their rules, as appropriate for the otherwise properly evaluated. This also the hull; intended service and routes, would includes other underwater components (4) The means for examining all count as an examination required under of steering and propulsion mechanisms; through-hull fittings and appurtenances; § 137.300, provided the Coast Guard has (4) Examine the propellers for cracks (5) The condition of the vessel, accepted their applicable rules. and damage; including the anticipated draft of the (5) Examine the exterior components § 137.325 General conduct of examination. vessel at the time of the survey; of the machinery cooling system for (6) A description of the hull (a) When conducting an examination leaks, damage, or deterioration; protection system; and of a towing vessel as required by this (6) Open and examine all sea chests, (7) The names and qualifications of all subpart, the surveyor must determine through-hull fittings, and strainers for personnel involved in conducting the whether any defect, deterioration, damage, deterioration, or fouling; and UWILD. damage, or modifications of the hull and (7) On wooden vessels, pull fastenings (c) If a vessel is 15 years of age or related structure and components may as required for examination. older, the Commandant may approve a adversely affect the vessel’s (b) An internal structural examination UWILD at alternating intervals provided seaworthiness or fitness or suitability required by this part may be conducted that: for its route or service. while the vessel is afloat or while it is (1) All provisions of paragraphs (a) (b) The examination must address the out of the water. It consists of a and (b) of this section are complied items in § 137.330 as applicable, and complete examination of the vessel’s with, except that the vessel does not must include: main strength members, including the need to be less than 15 years of age; and (1) Access to internal spaces as major internal framing, the hull plating (2) During the vessel’s drydock appropriate; and planking; voids; and ballast, cargo, examination preceding the underwater (2) A visual examination of the and fuel oil tanks. Where the internal survey, a complete set of hull gauging external structure of the vessel to framing, plating, or planking of the was taken which indicated that the confirm that the condition is properly vessel is concealed, sections of the vessel was free from hull deterioration. maintained; and lining, ceiling, or insulation may be (3) A visual examination to confirm removed or the parts otherwise probed PART 138—TOWING SAFETY that unapproved modifications were not or exposed to determine the condition MANAGEMENT SYSTEM (TSMS) made to the vessel. of the hull structure. Fuel oil tanks need (c) The thoroughness and stringency not be cleaned out and internally Sec. of the examination will depend upon examined if the general condition of the Subpart A—General the condition of the vessel. tanks is determined to be satisfactory by 138.100 Purpose. (d) The owner or managing operator an external examination. 138.115 Compliance. must notify the cognizant OCMI when the condition of the vessel may create § 137.335 Underwater survey in lieu of Subpart B—Towing Safety Management an unsafe condition. drydocking. System (TSMS) (e) The cognizant OCMI may require (a) This section applies to all towing 138.205 Purpose of a TSMS. the owner or managing operator to vessels subject to this subchapter. If a 138.210 Objectives of a TSMS. provide for the attendance of a surveyor TSMS is applicable to the vessel, the 138.215 Functional requirements of a or auditor from a TPO to assist with TSMS may include policies and TSMS. procedures for employing and 138.220 TSMS elements. verifying the vessel’s compliance with 138.225 Existing safety management the requirements in this subpart. documenting an underwater survey in lieu of drydocking (UWILD). A vessel is systems (SMSs). § 137.330 Scope of the drydock eligible for UWILD if the Coast Guard Subpart C—Documenting Compliance examination. determines that: 138.305 TSMS certificate. (a) This regulation applies to all (1) There is no obvious damage or 138.310 Internal audits for a TSMS towing vessels covered by this defect in the hull adversely affecting the certificate.

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138.315 External audits for a TSMS procedures, and to verify that those international conventions to which the certificate. policies and procedures comply with United States is a party; Subpart D—Audits the requirements of this subchapter; and (b) Defined levels of authority and (5) Procedures for correcting problems lines of communication between 138.400 General. 138.405 Conduct of internal audits. identified by management personnel shoreside and vessel personnel; 138.410 Conduct of external audits. and TPOs and facilitating continuous (c) Procedures for reporting accidents improvement. and non-conformities; Subpart E—Coast Guard or Organizational (d) Procedures to prepare for and Oversight and Review § 138.210 Objectives of a TSMS. respond to emergency situations by 138.500 Notification prior to audit. The TSMS, through policies, shoreside and vessel personnel; 138.505 Submittal of external audit results. procedures, and documentation, must: (e) Procedures for verification of 138.510 Required attendance. (a) Demonstrate management vessel compliance with this subchapter; Authority: 46 U.S.C. 3103, 3301, 3306, responsibility. The management must (f) Procedures for internal auditing of 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS demonstrate that they implemented the the TSMS, including shoreside and Delegation 0170.1. policies and procedures as contained in vessel operations; the TSMS and the entire organization is (g) Procedures for external audits; Subpart A—General adhering to their safety management (h) Procedures for management § 138.100 Purpose. program. review of internal and external audit (b) Document management reports and correction of non- The purpose of this part is to procedures. A TSMS must describe and conformities; and prescribe requirements for owners or document the owner or managing (i) Procedures to evaluate managing operators of towing vessels operator’s organizational structure, recommendations made by management who adopt a Towing Safety responsibilities, procedures, and and other personnel. Management System (TSMS) under this resources which ensure quality subchapter. § 138.220 TSMS elements. monitoring. § 138.115 Compliance. (c) Ensure document and data The TSMS must include the elements listed in paragrahs (a) through (d) of this Owners or managing operators control. There must be clear section. If an element listed is not selecting the TSMS option must obtain identification of what types of applicable to an owner or managing a TSMS certificate issued under documents and data are to be operator, appropriate justification must § 138.305 at least 6 months before controlled, and who is responsible for be documented and is subject to obtaining a Certificate of Inspection controlling activities, including acceptance by the TPO. (COI) for any of their vessels covered by approval, issue, distribution, (a) Administration and management the TSMS certificate. modification, removal of obsolete materials, and other related organization. A policy must be in place Subpart B—Towing Safety administrative functions. that outlines the TSMS culture and how Management System (TSMS) (d) Provide a process and criteria for management intends to ensure selection of third parties. Procedures for compliance with this subpart. § 138.205 Purpose of a TSMS. selection of TPOs must exist that Supporting this policy, the following (a) The purpose of a TSMS is to include how third parties are evaluated, procedures and documentation must be establish policies, procedures, and including selection criteria. included: required documentation to ensure the (e) Establish a system of (1) Management organization—(i) owner or managing operator meets its recordkeeping. Records must be Responsibilities. The management established goals while ensuring maintained to demonstrate effective organization, authority, and continuous compliance with all implementation of the TSMS. This must responsibilities of individuals must be regulatory requirements. The TSMS include audit records, non-conformity documented. must contain a method to ensure all reports and corrective actions, auditor (ii) Designated person. Each owner or levels of the organization are working qualifications, auditor training, and managing operator must designate in within the framework. other records as considered necessary. writing the shoreside person(s) (b) A TSMS establishes and (f) Identify and meet training needs. responsible for ensuring the TSMS is maintains: The owner or operator must establish implemented and continuously (1) Management policies and and maintain documented procedures functions throughout management and procedures that serve as an operational for identifying training needs and the fleet. They must also designate the protocol for all levels within providing training. shoreside person(s) responsible for management; (g) Ensure adequate resources. ensuring that the vessels are properly (2) Procedures to produce objective Identify adequate resources and maintained and in operable condition, evidence that demonstrates compliance procedures necessary to comply with including those responsible for with the requirements of this the TSMS. emergency assistance to each towing subchapter; vessel. (3) Procedures for an owner or § 138.215 Functional requirements of a (iii) Master authority. Each owner or managing operator to evaluate that they TSMS. managing operator must define the are following their own policies and The functional requirements of a scope of the master’s authority. The procedures and complying with the TSMS include: master’s authority must provide for the requirements of this subchapter; (a) Policies and procedures to provide ability to make final determinations on (4) Arrangements for a periodic direction for the safe operation of safe operations of the towing vessel. evaluation by an independent third- towing vessels and protection of the Specifically, it must provide the party organization (TPO) to determine marine environment in compliance with authority for the master to cease how well an owner or managing applicable U.S. law, including the Code operation if an unsafe condition exists. operator and their towing vessels are of Federal Regulations, and, if on an (2) Audits—(i) Procedures for complying with their stated policies and international voyage, applicable conducting internal and external audits.

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The TSMS must contain procedures for maneuverability and horsepower, (d) A TSMS certificate may be audits in accordance with §§ 138.310 appropriate rigging and towing gear, suspended or revoked by the Coast and 138.315. proper management of the navigational Guard at any time for non-compliance (ii) Procedures for identifying and watch, and compliance with applicable with the requirements of this part. correcting non-conformities. The TSMS security measures. (e) The TPO that issued the TSMS must contain procedures for any person (d) Compliance with this subchapter. certificate may rescind the certificate for to report non-conformities. The Procedures and documentation must be non-compliance with the requirements procedures must describe how an initial in place to ensure that each towing of this part. report should be made and the actions vessel complies with the operational, (f) A copy of the TSMS certificate taken to follow-up and ensure equipment, and personnel requirements must be maintained on each towing appropriate resolution. of this subchapter. vessel that is covered by the TSMS (b) Personnel. Policies must be in certificate and on file at the owner or place that cover the owner or managing § 138.225 Existing safety management managing operator’s shoreside office. systems (SMSs). operator’s approach to managing (a) A safety management system § 138.310 Internal audits for a TSMS personnel, including, but not limited to, certificate. employment, training, and health and (SMS) which is fully compliant with the International Safety Management (ISM) (a) Internal management audits must safety of personnel. Supporting these be conducted annually, within 3 months polices, the following procedures and Code requirements, implemented in 33 CFR part 96, will be deemed in of the anniversary date of the TSMS documentation must be included: certificate, to ensure the owner or (1) Employment procedures. The compliance with TSMS-related managing operator is effectively TSMS must contain procedures related requirements in this subchapter. implementing all elements of their to the employment of individuals. (b) Other existing SMSs may be considered for acceptance as meeting TSMS. Procedures must be in place to ensure (b) The internal management audit adequate qualifications of personnel, to the TSMS requirements of this part. The Coast Guard may: must ensure that management has include background checks, compliance implemented the TSMS throughout all with drug and alcohol standards, and (1) Accept such system in full; (2) Require modifications to the levels of the organization, including that personnel are able to perform system as a condition of acceptance; or audits of all the owner or managing required tasks. (3) Reject the system. operator’s towing vessels to which a (2) Training of personnel. The TSMS (c) An owner or managing operator TSMS applies to ensure implementation must contain a policy related to the who seeks to meet TSMS requirements at the operational level. training of personnel, including: using provisions in paragraph (a) or (b) (c) The results of internal audits must (i) New-hire orientation; of this section must submit be documented and maintained for a (ii) Duties associated with the documentation to the Coast Guard based period of 5 years and made available to execution of the TSMS; (iii) Execution of operational duties; on the initial audit and one full audit the Coast Guard upon request. (iv) Execution of emergency cycle of at least 3 years. (d) Internal auditors: (1) Must have knowledge of the procedures; (d) The Coast Guard may elect to management, its SMS, and the standards (v) Occupational health; inspect equipment and records, (vi) Crew safety; and including: contained in this subchapter; (vii) Training required by this (1) Contents of the SMS; (2) Must have completed an ANSI/ Subchapter. (2) Objective evidence of internal and ISO/ASQ Q9001–2000 or ISO (c) Verification of vessel compliance. external audits; 9001:2008(E) (incorporated by reference, Policies must be in place that cover the (3) Objective evidence that non- see § 136.112 of this subchapter) owner or managing operator’s approach conformities were identified and internal auditor/assessor course or Coast for ensuring vessel compliance, corrected; and Guard-recognized equivalent; (4) Objective evidence of vessel (3) May not be the designated person, including, but not limited to, policies on compliance with applicable regulations. or any other person, within the maintenance and survey, safety, the organization that is responsible for environment, security, and emergency Subpart C—Documenting Compliance development or implementation of the preparedness. Supporting these policies, TSMS; and the following procedures and § 138.305 TSMS certificate. (4) Must be independent of the documentation must be included: (a) The owner or managing operator procedures being audited, unless this is (1) Maintenance and survey. will be issued a TSMS certificate by a impracticable due to the size and the Procedures outlining the owner or TPO when his or her organization is nature of the organization. managing operator’s survey regime must deemed in compliance with the TSMS specify all maintenance, examination, requirements. It should be kept on file § 138.315 External audits for a TSMS and survey requirements, including the at the owner or managing operator’s certificate. minimum qualifications of persons shoreside office and available for External audits for obtaining and assigned to carry out required surveys review, at the request of the Coast renewing a TSMS certificate are the owner or managing operator is using Guard. conducted through a TPO and must the internal examination program. (b) A TSMS certificate is valid for 5 include both management and vessels as Applicable documentation must be years from the date of issue, unless follows: maintained for all activities for a period suspended, revoked or rescinded as (a) Management audits. (1) Prior to of 5 years. provided in paragraphs (d) and (e) of the issuance of an owner or managing (2) Safety, environment, and security. this section. operator’s initial TSMS certificate, or Procedures must be in place to ensure (c) The vessel owner or managing subsequent renewals, an external safety of property, the environment, and operator must maintain a list of vessels management audit must be conducted personnel. This must include currently covered by each TSMS by an auditor from a TPO. procedures to ensure the selection of the certificate and must provide it to the (2) A mid-period external appropriate vessel, including adequate Coast Guard upon request. management audit must be conducted

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between the 27th and 33rd month of the question personnel, examine vessel § 138.505 Submittal of external audit certificate’s period of validity. equipment, witness system testing, and results. (b) Vessel audits. (1) An external audit observe personnel training, including (a) Submission of external must be conducted prior to the issuance drills, as necessary to verify TSMS management audits. The results of an of the initial COI for vessels subject to effectiveness. external management audit as required an owner or managing operator’s TSMS by § 138.315 must be submitted to the that have been owned or operated for 6 § 138.410 Conduct of external audits. Towing Vessel National Center of or more months prior to receiving the (a) External audits must be conducted Expertise within 30 days of audit initial COI. by an auditor from a TPO and cover all completion by the TPO conducting the (2) An external audit must be elements of the TSMS requirements of external audit. The mailing address for conducted no later than 6 months after this subchapter, but may be conducted the Coast Guard Towing Vessel National the issuance of the initial COI for on a sampling basis of each of those Center of Expertise is 504 Broadway vessels subject to the owner or TSMS elements. Street, Suite 101, Paducah, Kentucky managing operator’s TSMS that have (b) External audits must be of 42001. been owned or operated for fewer than sufficient depth and breadth to ensure (b) Submission of external vessel 6 months prior to receiving the initial the owner or operating manager audits. The results of any external COI. effectively implemented its TSMS vessel audits required by § 138.315 must (3) An external audit of all vessels throughout all levels of the organization, be submitted to the cognizant OCMI covered by a TSMS certificate must be including onboard its vessels. within 30 days of audit completion by conducted during the 5-year period of (c) The auditor must be provided the TPO conducting the external audit. validity of the TSMS certificate. The access to examine any requested (c) Electronic submissions. The results vessels must be selected randomly and documentation, question personnel, of external audits required by this distributed as evenly as possible. examine vessel equipment, witness section may be submitted electronically (4) External audits may include the system testing, and observe personnel so long as the means used allows the use of objective evidence which may be training, including drills, as necessary Coast Guard to reliably verify the person available at the owner or managing to verify TSMS effectiveness. making the submission and the operator’s corporate office. Some (d) The auditor may broaden the authenticity of the records submitted. portions of this audit require visiting scope of the audit if: For those seeking to submit external each vessel at some point during the 5- (1) The TSMS is incomplete or not audit records to the Coast Guard year period of validity of the TSMS effectively implemented; electronically, the TSMS must address certificate. (2) Conditions found are not the means to be used to make these (c) Documentation. The results of the consistent with the records; or electronic submissions. external audit must be documented and (3) Unsafe conditions are identified. § 138.510 Required attendance. maintained for a period of 5 years and (e) The auditor may verify compliance made available to the Coast Guard or the with vessel standards and TSMS (a) The TPO and the owner or external auditor upon request. requirements through a review of managing operator may be required to objective evidence such as checklists, explain or otherwise demonstrate areas Subpart D—Audits invoices, and reports, and may conduct of the TSMS to the Coast Guard if there a visual sampling onboard the vessels to is evidence that a TSMS, for which a § 138.400 General. determine whether or not the conditions TSMS certificate was issued, is not in Management and vessels are subject onboard the vessel are consistent with compliance with the provisions of this to internal and external audits to assess the records reviewed. part. The Coast Guard may require a compliance with TSMS and the vessel (f) If an auditor identifies a major non- third party’s attendance at the vessel or standards requirements of this conformity during the course of the the office of the owner or managing subchapter. external audit, then the auditor must operator for this purpose. (b) The Coast Guard will not bear any § 138.405 Conduct of internal audits. notify the local Officer in Charge, Marine Inspection (OCMI) within 24 of the costs for a third party’s (a) Internal audits are conducted by, hours and the owner or managing attendance at the vessel or the office of or on behalf of, the management and operator’s designated representative in the owner or managing operator when may be performed by a designated accordance with the TSMS applicable to complying with this provision. employee or by contracted individual(s) the vessel. who conduct the audit as if an employee PART 139—THIRD-PARTY of the owner or managing operator. Subpart E—Coast Guard or ORGANIZATIONS (b) Internal audits are not necessarily Organizational Oversight and Review conducted as one event; they can be Sec. § 138.500 Notification prior to audit. 139.100 Purpose. taken in segments over time. 139.110 Organizations not subject to (c) Internal audits must be of (a) The owner or managing operator of further approval. sufficient depth and breadth to ensure a towing vessel must notify the local 139.115 General. the owner or managing operator OCMI at least 72 hours prior to an 139.120 Application for approval as a TPO. established adequate procedures and external audit being conducted under 139.125 Approval of TPO. documentation to comply with the this part. 139.130 Qualifications of auditors and TSMS requirements of this part, that the (b) The Coast Guard may require that surveyors. TSMS was implemented throughout all a Coast Guard representative accompany 139.135 Addition and removal of auditors levels of the organization, and that the the auditor during part, or all, of an and surveyors. 139.140 Renewal of TPO approval. owner or managing operator’s vessels external audit. 139.145 Suspension of approval. comply with this subchapter and the (c) The Coast Guard may conduct a 139.150 Revocation of approval. TSMS. separate audit of the owner or managing 139.155 Appeals of suspension or (d) The auditor must have the operator or its towing vessels, at its revocation of approval. authority to examine documentation, discretion. 139.160 Coast Guard oversight activities.

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139.165 Documentation. (2) Operates within a quality and surveys within the intervals Authority: 46 U.S.C. 3103, 3301, 3306, management system acceptable to the established in this subchapter. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Coast Guard; (m) A description of the Delegation 0170.1. (3) Ensures its auditors and surveyors organization’s apprentice or associate are qualified and maintain continued program for auditors and/or surveyors. § 139.100 Purpose. competence; (n) A statement that the Coast Guard (a) This part states the requirements (4) Demonstrates the ability to carry may inspect the organization’s facilities applicable to third-party organizations out the responsibilities of approval; and and records and may accompany (TPOs) that conduct audits and surveys (5) Meets all other requirements of auditors and/or surveyors in the for towing vessels as required by this this part. performance of duties related to the subchapter. (c) A list of TPOs will be maintained requested approval. (b) The Commandant delegates to the by the Coast Guard, and made available (o) Disclosure of any potential Towing Vessel National Center of upon request. conflicts of interest. Expertise (TVNCOE) the authority to (p) A statement that the organization, carry out the functions of this part § 139.120 Application for approval as a its managers, and employees engaged in TPO. associated with approval of TPOs, audits and/or surveys are not, and will including revocation and suspension of An organization, which may include not be involved in any activities which approval. a business entity or an association, could result in a conflict of interest or desiring to be approved as a TPO under otherwise limit the independent § 139.110 Organizations not subject to this part must submit a written request further approval. judgment of the auditor and/or surveyor to the Towing Vessel National Center of or organization. (a) A recognized classification society, Expertise, 504 Broadway St Suite 101, (q) Any additional information that which has satisfied the requirements in Paducah, KY 42001. The organization the applicant deems pertinent. 46 CFR 8.230, meets the requirements of must provide the following information: a TPO for the purposes of this part and (a) A description of the organization, § 139.125 Approval of TPOs. may perform the work as a third-party including the ownership, structure, and (a) The Commandant delegates to the auditor. organizational components. Towing Vessel National Center of (b) An authorized classification (b) A general description of the clients Expertise (TVNCOE) the authority to society, which has been authorized being served or intended to be served. carry out the review and approval under 46 CFR part 8, subpart C or D, (c) A description of the types of work described in this section, and the related meets the requirements of a TPO for the performed by the organization or by the authority to suspend and revoke purposes of this part and may perform principals of the organization in the approval. the work as a third-party surveyor. past, noting the amount and extent of (b) The Coast Guard will review the (c) The organizations qualifying as such work performed within the request and notify the organization in TPOs under paragraph (a) or (b) of this previous 3 years. writing whether their request is granted. section must ensure that employees (d) Objective evidence of an internal (c) If a request for approval is denied, providing services under this part hold quality system based on ANSI/ISO/ASQ the Coast Guard will inform the proper qualifications for the particular Q9001–2000 (incorporated by reference, organization of the reasons for the type of service being performed. see § 136.112 of this subchapter) or an denial and will describe what equivalent quality standard. § 139.115 General. corrections are required for an approval (e) Organization procedures and to be granted. (a) The Coast Guard approves TPOs to supporting documentation that describe (d) An approval for a TPO that meets carry out functions related to ensuring processes used to perform an audit and the requirements of this part will expire: that towing vessels comply with records to show system effectiveness. (1) Five years after the last day of the provisions of this subchapter. (f) Copies of checklists, forms, or month in which it is granted; Organizations may be approved to: other tools to be used as guides or for (2) When the TPO gives notice that it (1) Conduct audits of a Towing Safety recording the results of audits and/or will no longer offer towing vessel audit Management System (TSMS), and the surveys. and/or survey services; vessels to which the TSMS applies, to (g) Organization procedures for (3) When revoked by the Coast Guard verify compliance with the applicable appeals and grievances. in accordance with § 139.150; or provisions of this subchapter; (h) The organization’s code of ethics (4) On the date of a change in (2) Issue TSMS certificates to the applicable to the organization and its ownership, as defined in § 136.110, of owner or managing operator who is in auditors and/or surveyors. the TPO for which approval was compliance with part 138 of this (i) A list of the organization’s auditors granted. subchapter; and/or surveyors who meet the (3) Conduct surveys of towing vessels requirements of § 139.130. This list § 139.130 Qualifications of auditors and to verify compliance with the applicable must include the experience, surveyors. provisions of this subchapter; and background, and qualifications for each (a) A prospective auditor or surveyor (4) Issue survey reports detailing the auditor and/or surveyor. must have the skills and experience results of surveys, carried out in (j) A description of the organization’s necessary to assess compliance with all compliance with part 137 of this means of assuring continued requirements of this subchapter. subchapter. competence of its personnel. (b) Auditors must meet the following (b) An organization seeking approval (k) The organization’s procedures for qualifications: under this part must provide objective terminating or removing auditors and/or (1) High school diploma or evidence to the Coast Guard that its surveyors. equivalent. program: (l) A description of the organization’s (2) Four years of working on towing (1) Is independent of the owner or means of assuring the availability of its vessels or other relevant marine managing operator and vessels that it personnel to meet the needs of the experience such as Coast Guard marine audits or surveys; towing companies for conducting audits inspector, licensed mariner, military

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personnel with relevant maritime determines that the TPO does not (2) Conduct interviews of auditors or experience, or marine surveyor. comply with the provisions of this part. surveyors to aid in the evaluation of the (3) Successful completion of an ANSI/ The Coast Guard must: organization; and ISO/ASQ Q9001–2000 or ISO (1) Notify the TPO in writing of the (3) Observe audits or surveys. 9001:2008(E) (incorporated by reference, intention to suspend the approval; (b) The Coast Guard may require that see § 136.112 of this subchapter) lead (2) Provide the details of the TPO’s the owner or managing operator make auditor/assessor course or Coast Guard failure to comply with this part; and available a copy of the TSMS upon recognized equivalent. (3) Advise the TPO of the time period, request. (4) Successful completion of a not to exceed 60 days, within which the (c) The Coast Guard may require a training course for the auditing of a TPO must correct its failure to comply revision of a previously approved TSMS TSMS. with this part. If the TPO fails to correct if it is determined that requirements of (5) Audit experience, as demonstrated its failure to comply with this part this subchapter are not met. by: within the time period allowed, the (i) Documented experience in approval will be suspended. § 139.165 Documentation. auditing the ISM Code or the American (b) The Coast Guard may also partially (a) Each TPO must retain the results Waterways Operators Responsible suspend the approval of a TPO, using of each survey or audit conducted under Carrier Program, consisting of at least the process described in paragraph (a) of its approval, including: two management audits and six vessel this section. This may include (1) The names of the auditors and/or audits within the past 5 years; or suspension of an individual auditor or surveyors; (ii) Successful completion of an surveyor or suspension of the authority (2) The results of each audit or survey auditor apprenticeship, consisting of at of the TPO to carry out specific duties conducted; and least one management audit and three whenever the Coast Guard determines (3) Documentation showing vessel audits under the direction of a that the provisions of this part are not continuing actions relative to an audit lead auditor. complied with. or survey, such as resolution of (c) Surveyors must meet the following deficiencies and non-conformities. qualifications: § 139.150 Revocation of approval. (b) Each TPO must also retain the (1) High school diploma or (a) The Coast Guard may revoke the results of audits of their organization equivalent. approval of a TPO if the organization conducted by the Coast Guard. (2) At least one of the following: has demonstrated a pattern or history of: (c) Records required by this part must (i) Four years of experience working (1) Failure to comply with this part; be retained for a period of 5 years. on towing vessels as master, mate (2) Substantial deviations from the (pilot), or engineer; or terms of the approval granted under this PART 140—OPERATIONS (ii) Other relevant marine experience part; or Sec. such as Coast Guard marine inspector, (3) Failures, including ethical military personnel with relevant violations, conflicts of interest, or Subpart A—General maritime experience, marine surveyor, inadequate performance, that indicate to 140.100 Purpose. accredited marine surveyor, experience the Coast Guard that the TPO is no 140.105 Applicability and delayed on vessels of similar operating and longer capable of carrying out its duties implementation for existing vessels. physical characteristics. as a TPO. Subpart B—General Operational Safety (b) If the Coast Guard seeks to revoke 140.205 General vessel operation. § 139.135 Addition and removal of auditors the approval of a TPO, it must: and surveyors. 140.210 Responsibilities of the master and (1) Notify the TPO in writing of the crew. (a) A TPO must maintain a list of intention to revoke the approval; current and former auditors and (2) Provide the details of the TPO’s Subpart C—[Reserved] surveyors. demonstrated pattern or history of Subpart D—Crew Safety (b) To add an auditor or surveyor, the actions described in paragraph (a) of 140.400 Personnel records. TPO must submit that person’s this section; and 140.405 Emergency duties and duty experience, background, and (3) Advise the TPO that it may appeal stations. qualifications to the TVNCOE. this decision to the Coast Guard in 140.410 Safety orientation. (c) The TVNCOE must be notified accordance with the provisions of 46 140.415 Orientation for individuals that are when an auditor or surveyor is removed CFR subpart 1.03. not crewmembers. from employment. 140.420 Emergency drills and instruction. § 139.155 Appeals of suspension or 140.425 Fall overboard prevention. § 139.140 Renewal of TPO approval. revocation of approval. 140.430 Wearing of work vests. (a) To renew an approval, a TPO must Anyone directly affected by a decision 140.435 First aid equipment. submit a written request to the TVNCOE to suspend or revoke an approval Subpart E—Safety and Health at the address listed in § 139.120. granted under this part may appeal the 140.500 General. (b) For the request to be approved, the decision to the Coast Guard in 140.505 General health and safety Coast Guard must be satisfied that the accordance with the provisions of 46 requirements. applicant continues to fully meet CFR subpart 1.03. 140.510 Identification and mitigation of approval criteria. health and safety hazards. (c) The Coast Guard may request any § 139.160 Coast Guard oversight activities. 140.515 Training requirements. additional information necessary to (a) The Coast Guard will provide Subpart F—Vessel Operational Safety notice to the TPO 48 hours in advance properly evaluate the request. 140.600 Applicability. of any site visit, unless the visit is in § 139.145 Suspension of approval. 140.605 Vessel stability. response to a complaint or other 140.610 Hatches and other openings. (a) The Coast Guard may suspend the evidence of regulatory non-compliance. 140.615 Examinations and tests. approval of a TPO approved under this During the visit, the Coast Guard may: 140.620 Navigational safety equipment. part whenever the Coast Guard (1) Inspect a TPO’s records; 140.625 Navigation underway.

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140.630 Lookout. Subpart B—General Operational Safety aware of all known aspects of the 140.635 Navigation assessment. condition of the vessel, including: 140.640 Pilothouse resource management. § 140.205 General vessel operation. (i) Those vessels being pushed, 140.645 Navigation safety training. (a) A vessel must be operated in pulled, or hauled alongside; and 140.650 Operational readiness of lifesaving accordance with applicable laws and (ii) Equipment and other accessories and fire suppression and detection regulations and in such a manner as to used for pushing, pulling, or hauling equipment. afford protection against hazards to life, alongside other vessels. 140.655 Prevention of oil and garbage property, and the environment. (5) Minimize any distraction from the pollution. (b) Towing vessels with a Towing operation of the vessel or performance 140.660 Vessel security. 140.665 Inspection and testing required Safety Management System (TSMS) of duty; and when making alterations, repairs, or must be operated in accordance with the (6) Report unsafe conditions to the other such operations involving riveting, TSMS applicable to the vessel. master or officer in charge of a welding, burning, or like fire-producing (c) Vessels must be manned in navigational watch and take effective actions. accordance with the COI. Manning action to prevent accidents. 140.670 Use of auto pilot. requirements are contained in part 15 of this chapter. Subpart C—[Reserved] Subpart G—Navigation and Communication Equipment (d) Each crewmember that is required to hold a Merchant Mariner Credential Subpart D—Crew Safety 140.700 Applicability. (MMC) must have the credential on § 140.400 Personnel records. 140.705 Charts and nautical publications. board and available for examination at 140.710 Marine radar. (a) The master of each towing vessel all times when the vessel is operating. 140.715 Communications equipment. must keep an accurate list of (e) All individuals who are not 140.720 Navigation lights, shapes, and crewmembers and their assigned required to hold an MMC permitted sound signals. positions and responsibilities aboard the onboard the vessel must have and 140.725 Additional navigation equipment. vessel. present on request a valid personal (b) The master must keep an accurate Subpart H—Towing Safety identification that meets the list of individuals to be carried as 140.800 Applicability. requirements set forth in 33 CFR persons in addition to the crew and any 140.801 Towing gear. 101.515. 140.805 Towing safety. passengers. 140.820 Recordkeeping for towing gear. § 140.210 Responsibilities of the master (c) The date and time that a and crew. navigation watchstander, including Subpart I—Vessel Records (a) The safety of the towing vessel is master, officer in charge of a 140.900 Marine casualty reporting. the responsibility of the master and navigational watch, and lookout 140.905 Official logbooks. includes: assumes a watch and is relieved of a 140.910 Towing vessel record or record (1) Adherence to the provisions of the watch must be recorded in the towing specified by TSMS. COI; vessel record (TVR), official logbook, or 140.915 Items to be recorded. (2) Compliance with the applicable in accordance with the TSMS applicable Subpart J—Penalties provisions of this subchapter; to the vessel. If an engineering watch is 140.1000 Statutory penalties. (3) Compliance with the TSMS, if one maintained, comparable records 140.1005 Suspension and revocation. is applicable to the vessel; and documenting the engineering watch are required. Authority: 46 U.S.C. 3103, 3301, 3306, (4) Supervision of all persons onboard 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS in carrying out their assigned duties. § 140.405 Emergency duties and duty Delegation 0170.1. (b) If the master or officer in charge of stations. a navigational watch believes it is (a) Crewmembers must meet the Subpart A—General unsafe for the vessel to proceed, that an requirements in §§ 15.405 and 15.1105 operation endangers the vessel or crew, § 140.100 Purpose. of this chapter, as appropriate. or that an unsafe condition exists, he or (b) Any towing vessel with alternating This part contains the health, safety, she must ensure that adequate watches (shift work) or overnight and operational requirements for towing corrective action is taken and must not accommodations must identify the vessels and the crewmembers serving proceed until it is safe to do so. duties and duty stations of each person onboard them. (c) Nothing in this subpart may be onboard during an emergency, construed in a manner which limits the including: § 140.105 Applicability and delayed master or officer in charge of a implementation for existing vessels. (1) Responding to fires and flooding; navigational watch, at his or her own (2) Responding to emergencies that This part applies to all towing vessels responsibility, from diverting from the necessitate abandoning the vessel; subject to this subchapter. route prescribed in the COI or taking (3) Launching survival craft; such steps as deemed necessary and (4) Taking action during heavy (a) With the exception § 140.500, prudent to assist vessels in distress or which has a later implementation date, weather; for other emergency conditions. (5) Taking action in the event of a an existing towing vessel must comply (d) It is the responsibility of the crew with the requirements in this part no person overboard; to: (6) Taking action relative to the tow; later than either July 20, 2018 or the (1) Adhere to the provisions of the (7) Taking action in the event of date the vessel obtains a Certificate of COI; failure of propulsion, steering, or Inspection (COI), whichever date is (2) Comply with the applicable control system; earlier. provisions of this subchapter; (8) Managing individuals onboard (b) The delayed implementation (3) Comply with the TSMS, if one is who are not crewmembers; provisions in paragraph (a) of this applicable to the vessel; (9) Managing any other event or section do not apply to a new towing (4) Ensure that the master or officer in condition which poses a threat to life, vessel. charge of a navigational watch is made property, or the environment; and

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(10) Responding to other special getting underway or as soon as (1) Participation by all crewmembers; duties essential to addressing practicable thereafter, to include: and emergencies as determined by the TSMS (a) The location, operation, and use of (2) Actual use of, or realistic applicable to the vessel, if a TSMS is lifesaving equipment; simulation of the use of, emergency used. (b) Emergency procedures; equipment. (c) The emergency duties and duty (c) Methods to notify crewmembers in (g) Recordkeeping. Records of drills stations required by this section must be the event of an emergency; and and instruction must be maintained in posted at each operating station and in (d) Prevention of falls overboard. the TVR, official logbook, or in a conspicuous location in a space accordance with the TSMS applicable to § 140.420 Emergency drills and the vessel. The record must include: commonly visited by crewmembers. If instruction. posting is impractical, such as in an (1) The date of the drill and open boat, they may be kept onboard in (a) Master’s responsibilities. The instruction; a location readily available to the crew. master of a towing vessel must ensure (2) A description of the drill scenario that drills are conducted and and instruction topics; § 140.410 Safety orientation. instructions are given to ensure that all (3) The personnel involved. (a) Personnel must meet the crewmembers are capable of performing requirements in §§ 15.405 and 15.1105 the duties expected of them during § 140.425 Fall overboard prevention. of this chapter, as appropriate. emergencies. This includes abandoning (a) The owner or managing operator of (b) Prior to getting underway for the the vessel, recovering persons from the a towing vessel must establish first time on a particular towing vessel, water, responding to onboard fires and procedures to address fall overboard each crewmember must receive a safety flooding, or responding to other threats prevention and recovery of persons in orientation on: to life, property, or the environment. the water, including, but not limited to: (1) His or her duties in an emergency; (b) Nature of drills. Each drill must, (1) Personal protective equipment; (2) The location, operation, and use of as far as practicable, be conducted as if (2) Safely working on the tow; lifesaving equipment; there was an actual emergency. (3) Safety while line handling; (3) Prevention of falls overboard; (c) Annual instruction for each crew (4) Safely moving between the vessel (4) Personal safety measures; member. Unless otherwise stated, each and a tow, pier, structure, or other (5) The location, operation, and use of crewmember must receive the vessel; and Personal Protective Equipment; instruction required by this section (5) Use of retrieval equipment. (6) Emergency egress procedures; annually. (b) The owner, managing operator, or (7) The use and operation of (d) Instructions and drills required. master must ensure that all persons on watertight and weathertight closures; The following instruction and drills are board comply with the policies and (8) Responsibilities to provide required: procedures in this section. assistance to individuals that are not (1) Response to fires, as required by § 140.430 Wearing of work vests. crewmembers; § 142.245 of this subchapter; (2) Launching of a skiff, if listed as an (a) Personnel dispatched from the (9) How to respond to emergencies vessel or that are working in an area on relative to the tow; and item of emergency equipment to abandon ship or recover a person- the exterior of the vessel without rails (10) Awareness of, and expected and guards must wear a lifejacket response to, any other hazards inherent overboard; (3) Instruction on the use of davit- meeting requirements in 46 CFR to the operation of the towing vessel 141.340, an immersion suit meeting which may pose a threat to life, launched liferafts, if installed. (4) If a rescue boat is installed, requirements in 46 CFR 141.350, or a property, or the environment. work vest approved by the Commandant (c) The safety orientation provided to instruction on how it must be launched, with its assigned crew aboard, and under 46 CFR subpart 160.053. When crewmembers who received a safety worn at night, the work vest must be orientation on another vessel may be maneuvered in the water as if during an actual man-overboard situation. equipped with a light that meets the modified to cover only those areas requirements of 46 CFR 141.340(g)(1). unique to the other vessel on which (5) Credentialed mariners holding an officer endorsement do not require Work vests may not be substituted for service will occur. the lifejackets required by 46 CFR part (d) Safety orientations and other crew instruction in accordance with paragraphs (d)(1), (3), and (4) of this 141. training must be documented in the (b) Each storage container containing TVR, official logbook, or in accordance section. (e) Alternative forms of instruction. a work vest must be marked ‘‘WORK with the TSMS applicable to the vessel. VEST’’. The entry must include: (1) Instruction as required by this (1) The date of the safety orientation section may be conducted via an § 140.435 First aid equipment. or training; electronic format followed by a Each towing vessel must be equipped (2) A general description of the safety discussion and demonstration by a with an industrial type first aid cabinet orientation or training topics; competent individual. This instruction or kit, appropriate to the size of the crew (3) The name(s) and signature(s) of may occur either on board or off the and operating conditions. Each towing individual(s) providing the orientation vessel but must include the equipment vessel operating on oceans, coastwise, or training; and that is the subject of the instruction. or Great Lakes routes must have a means (4) The name(s) of the individual(s) (2) Instruction as required by this to take blood pressure readings, splint receiving the safety orientation or section may be performed in accordance broken bones, and apply large bandages training. with the TSMS applicable to the vessel, for serious wounds. provided that it meets the minimum § 140.415 Orientation for individuals that requirements of this section. Subpart E—Safety and Health are not crewmembers. (f) Location of drills, full crew Individuals, who are not participation, and use of equipment. As § 140.500 General. crewmembers, on board a towing vessel far as practicable, drills must take place (a) No later than July 22, 2019, the must receive a safety orientation prior to on board the vessel. They must include: owner or managing operator must

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implement a health and safety plan. The (1) Tools and equipment, including covering specific topics. Refresher health and safety plan must document deck machinery, rigging, welding and training may be less comprehensive, compliance with this part and include cutting, hand tools, ladders, and provided that the information presented recordkeeping procedures. abrasive wheel machinery found on is sufficient to provide employees with (b) The owner, managing operator, or board the vessel; continued understanding of workplace master must ensure that all persons on (2) Slips, trips, and falls; hazards. The refresher training of board a towing vessel comply with the (3) Working aloft; persons subject to this subpart must health and safety plan. (4) Hazardous materials; include the information and training (5) Confined space entry; prescribed in this section. § 140.505 General health and safety (6) Blood-borne pathogens and other (e) The owner, managing operator, or requirements. biological hazards; master must determine the appropriate (a) The owner or managing operator (7) Electrical; training and information to provide to must implement procedures for (8) Noise; each individual permitted on the vessel reporting unsafe conditions and must (9) Falls overboard; who is not a crewmember, relative to have records of the activities conducted (10) Vessel embarkation and the expected risk exposure of the under this section. The owner or disembarkation (including pilot individual. managing operator must maintain transfers); (f) All training required in this section records of health and safety incidents (11) Towing gear, including winches, must be documented in owner or that occur on board the vessel, capstans, wires, hawsers and other managing operator’s records. including any medical records related equipment; associated with the incidents. Upon (12) Personal hygiene; Subpart F—Vessel Operational Safety request, the owner or managing operator (13) Sanitation and safe food must provide crewmembers with handling; and § 140.600 Applicability. incident reports and the crewmember’s (14) Potable water supply. This subpart applies to all towing own associated medical records. (b) As far as practicable, the owner or vessels unless otherwise specified. (b) All vessel equipment must be used managing operator must implement Certain vessels remain subject to the in accordance with the manufacturer’s other types of safety control measures navigation safety regulations in 33 CFR recommended practice and in a manner before relying on Personal Protective part 164. that minimizes risk of injury or death. Equipment. These controls may include § 140.605 Vessel stability. This includes machinery, deck administrative, engineering, source machinery, towing gear, ladders, modification, substitution, process (a) Prior to getting underway, and at embarkation devices, cranes, portable change or controls, isolation, all other times necessary to ensure the tools, and safety equipment. ventilation, or other controls. safety of the vessel, the master or officer (c) All machinery and equipment that in charge of a navigational watch must is not in proper working order § 140.515 Training requirements. determine whether the vessel complies (including missing or malfunctioning (a) All crewmembers must be with all stability requirements in the guards or safety devices) must be provided with health and safety vessel’s trim and stability book, stability removed; made safe through marking, information and training that includes: letter, COI, and Load Line Certificate, as tagging, or covering; or otherwise made (1) Content and procedures of the applicable. unusable. owner or managing operator’s health (b) A towing vessel must be (d) Personal Protective Equipment and safety plan; maintained and operated so the (PPE). (1) Appropriate Personal (2) Procedures for reporting unsafe watertight integrity and stability of the Protective Equipment (PPE) must be conditions; vessel are not compromised. (3) Proper selection and use of PPE made available and on hand for all § 140.610 Hatches and other openings. personnel engaged in an activity that appropriate to the vessel operation; requires the use of PPE. (4) Safe use of equipment including (a) All towing vessels must be (2) PPE must be suitable for the deck machinery, rigging, welding and operated in a manner that minimizes the vessel’s intended service; meet the cutting, hand tools, ladders, and risk of down-flooding and progressive standards of 29 CFR part 1910, subpart abrasive wheel machinery found flooding. I; and be used, cleaned, maintained, and onboard the vessel; (b) The master must ensure that all repaired in accordance with (5) Hazard communication and cargo hatches, doors, and other openings manufacturer’s requirements. knowledge; designed to be watertight or weather- (3) All individuals must wear PPE (6) Safe use and storage of hazardous tight function properly. appropriate to the activity being materials and chemicals; (c) The master or officer in charge of performed; (7) Confined space entry; a navigational watch must ensure all (4) All personnel engaged in an (8) Respiratory protection; and hatches and openings of the hull and activity must be trained in the proper (9) Lockout/Tagout procedures. deck are kept tightly closed except: use, limitations, and care of the PPE (b) Individuals, other than (1) When access is needed through the specified by this subpart; crewmembers, must be provided with opening for transit; (e) The vessel, including crew’s sufficient information or training on (2) When operating on rivers with a quarters and the galley, must be kept in hazards relevant to their potential tow, if the master determines the safety a sanitary condition. exposure on or around the vessel. of the vessel is not compromised; or (c) Crewmember training required by (3) When operating on lakes, bays, § 140.510 Identification and mitigation of this section must be conducted as soon and sounds, without a tow during calm health and safety hazards. as practicable, but not later than 5 days weather, and only if the master (a) The owner or managing operator after employment. determines that the safety of the vessel must implement procedures to identify (d) Refresher training must be is not compromised. and mitigate health and safety hazards, repeated annually and may be (d) Where installed, all watertight including but not limited to: conducted over time in modules doors in watertight bulkheads must be

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closed during the operation of the COI and the TSMS applicable to the (9) Navigation hazards such as logs, vessel, unless they are being used for vessel. wrecks or other obstructions in the transit between compartments; and Note to § 140.625. Certain towing water; (e) When downstreaming, all exterior vessels subject to § 140.625 are also (10) Any broadcast notice to mariners, openings at the main deck level must be subject to the requirements of 33 CFR safety or security zones or special closed. 164.78. navigation areas; (f) Decks and bulkheads designed to (11) Configuration of the vessel and be watertight or weathertight must be § 140.630 Lookout. tow, including handling characteristics, maintained in that condition. (a) Throughout the trip or voyage the field of vision from the pilothouse, and master and officer in charge of the activities taking place onboard; § 140.615 Examinations and tests. navigational watch must assess the (12) The knowledge, qualifications, (a) This section applies to a towing requirement for a lookout, consistent and limitations of crewmembers who vessel not subject to 33 CFR 164.80. with 33 CFR 83.05. A lookout in are assigned as members on watch and (b) Prior to getting underway, the addition to the master or mate (pilot) the experience and familiarity of master or officer in charge of a should be added when necessary to: crewmembers with the towing vessels navigational watch of the vessel must (1) Maintain a state of vigilance with particulars and equipment; and examine and test the steering gear, regard to any significant change in the (13) Any special conditions not signaling whistle, propulsion control, operational environment; covered above that impact the safety of towing gear, navigation lights, (2) Assess the situation and the risk of navigation. (b) The officer in charge of a navigation equipment, and collision/allision; navigational watch must keep the communication systems of the vessel. (3) Anticipate stranding and other This examination and testing does not navigation assessment up-to-date to dangers to navigation; and reflect changes in conditions and need to be conducted more than once in (4) Detect any other potential hazards any 24-hour period. circumstances. This includes updates to safe navigation. during the voyage or trip as necessary. (c) The results of the examination and (b) In determining the requirement for testing must be recorded in the TVR, At each change of the navigational a lookout, the officer in charge of the watch, the oncoming officer in charge of official logbook, or in accordance with navigational watch must take full the TSMS applicable to the vessel. the navigational watch must review the account of relevant factors including, current navigation assessment for § 140.620 Navigational safety equipment. but not limited to: state of weather, necessary changes. (a) This section applies to a towing visibility, traffic density, proximity of (c) The officer in charge of a vessel not subject to the requirements of dangers to navigation, and the attention navigational watch must ensure that the 33 CFR 164.82. necessary when navigating in areas of navigation assessment and any updates (b) The owner, managing operator, or increased vessel traffic. are communicated to other members of master of each towing vessel must § 140.635 Navigation assessment. the navigational watch. maintain the required navigational- (d) A navigation assessment entry (a) The officer in charge of a safety equipment in a fully-functioning, must be recorded in the TVR, official navigational watch must conduct a operational condition. log, or in accordance with the TSMS navigation assessment for the intended (c) Navigational safety equipment applicable to the vessel. The entry must route and operations prior to getting such as radar, gyrocompass, echo depth- include the date and time of the underway. The navigation assessment sounding or other sounding device, assessment, the name of the individual must incorporate the requirements of automatic dependent surveillance making the assessment, and the starting pilothouse resource management of equipment, or navigational lighting that and ending points of the voyage or trip § 140.640, assess operational risks, and fails during a voyage must be repaired that the assessment covers. anticipate and manage workload at the earliest practicable time. The Note to § 140.635. Certain towing demands. At a minimum, this vessels subject to § 140.635 are also owner, managing operator, or master assessment must consider: subject to the voyage planning must consider the state of the (1) The velocity and direction of requirements of 33 CFR 164.80. equipment (along with such factors as currents in the area being transited; weather, visibility, traffic, and the § 140.640 Pilothouse resource (2) Water depth, river stage, and tidal dictates of good seamanship) when management. deciding whether it is safe for the vessel state along the route and at mooring location; (a) The officer in charge of a to proceed. navigational watch must: (d) The failure and subsequent repair (3) Prevailing visibility and weather (1) Ensure that other members of the or replacement of navigational safety conditions and changes anticipated navigational watch have a working equipment must be recorded. The along the intended route; knowledge of the navigation assessment record must be made in the TVR, official (4) Density (actual and anticipated) of required by § 140.635, and understand logbook, or in accordance with the marine traffic; the chain of command, the decision- TSMS applicable to the vessel. (5) The operational status of making process, and the fact that pilothouse instrumentation and information sharing is critical to the § 140.625 Navigation underway. controls, to include alarms, safety of the vessel. (a) At all times, the movement of a communication systems, variation and (2) Ensure that the navigation towing vessel and its tow must be under deviation errors of the compass, and any assessment required by § 140.635 is the direction and control of a master or known nonconformities or deficiencies; complete, updated, communicated and mate (pilot) properly licensed under (6) Air draft relative to bridges and available throughout the trip. subchapter B of this chapter. overhead obstructions taking tide and (3) Ensure that watch change (b) The master or officer in charge of river stage into consideration; procedures incorporate all items listed a navigational watch must operate the (7) Horizontal clearance, to include in paragraph (a)(1) of this section. vessel in accordance with the bridge transits; (4) Take actions (to include delaying conditions and restrictions stated on the (8) Lock transits; watch change or pausing the voyage) if

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there is reasonable cause to believe that (3) Parts 151, 155, and 156, of 33 CFR, reasonably available, the Officer in an oncoming watchstander is not as applicable. Charge, Marine Inspection (OCMI), immediately capable of carrying out his (b) Each towing vessel must be upon the recommendation of the vessel or her duties effectively. capable of preventing all oil spills from owner and his or her contractor or their (5) Maintain situational awareness reaching the water during transfers by: representative, must select a person and minimize distractions. (1) Pre-closing the scuppers/freeing who, in the case of an individual vessel, (b) Prior to assuming duties as officer ports, if the towing vessel is so must be authorized to make such in charge of a navigational watch, a equipped; inspection. If the inspection indicated person must: (2) Using fixed or portable that such operations can be undertaken (1) Complete the navigation containment of sufficient capacity to with safety, a certificate setting forth the assessment required by § 140.635; contain the most likely spill, if 33 CFR fact in writing and qualified as may be (2) Verify the operational condition of 155.320 does not apply; or required, must be issued by the certified the towing vessel; and (3) Pre-deploying sorbent material on marine chemist or the authorized person (3) Verify that there are adequate the deck around vents and fills. before the work is started. Such personnel available to assume the (c) No person may intentionally drain qualifications must include any watch. oil or hazardous material into the bilge (c) If at any time the officer in charge requirements as may be deemed of a towing vessel from any source. For of a navigational watch is to be relieved necessary to maintain the safe purposes of this section, ‘‘oil’’ has the when a maneuver or other action to conditions in the spaces certified avoid any hazard is taking place, the same meaning as ‘‘oil’’ defined in 33 throughout the operation and must relief of that officer in charge of a U.S.C. 1321. include such additional tests and certifications as considered required. navigational watch must be deferred § 140.660 Vessel security. until such action has been completed. Such qualifications and requirements Each towing vessel must be operated must include precautions necessary to § 140.645 Navigation safety training. in compliance with: eliminate or minimize hazards that may (a) Prior to assuming duties related to (a) The Maritime Transportation be present from protective coatings or the safe operation of a towing vessel, Security Act of 2002 (46 U.S.C. Chapter residues from cargoes. each crewmember must receive training 701); and (2) When not in such a port or place, to ensure that they are familiar with: (b) 33 CFR parts 101 and 104, as and a marine chemist or such person (1) Watchstanding terms and applicable. authorized by the OCMI, is not definitions; § 140.665 Inspection and testing required reasonably available, the inspection (2) Duties of a lookout; when making alterations, repairs, or other must be made by the master or person (3) Communication with other such operations involving riveting, welding, in charge and a proper entry must be watchstanders; burning, or like fire-producing actions. made in the vessel’s logbook. (4) Change of watch procedures; (a) The inspections and issuance of (d) The master or person in charge (5) Procedures for reporting other must secure copies of certificates issued vessels or objects; and certificates required by this section must be conducted in accordance with the by the certified marine chemist or such (6) Watchstanding safety. person authorized by the OCMI. The (b) Crewmember training must be provisions of NFPA 306 (incorporated master or person in charge must recorded in the TVR, official logbook, or by reference, see § 136.112 of this maintain a safe condition on the vessel in accordance with the TSMS applicable subchapter) before alterations, repairs, by full observance of all qualifications to the vessel. or other operations involving riveting, (c) Credentialed mariners holding welding, burning, or other fire and requirements listed by the marine Able Seaman or officer endorsements producing actions may be made aboard chemist or person authorized by the will be deemed to have met the training a vessel. OCMI in the certificate. requirements in this section. (b) Until an inspection has been made § 140.670 Use of auto pilot. to determine that such operation can be Except for towing vessels in § 140.650 Operational readiness of undertaken with safety, no alterations, lifesaving and fire suppression and compliance with requirements in 33 repairs, or other such operations detection equipment. CFR 164.13(d), when an automatic pilot involving riveting, welding, burning, or is used in areas of high traffic density, The owner, managing operator, or like fire-producing actions must be conditions of restricted visibility, or any master of a towing vessel must ensure made: other hazardous navigational situations, that the vessel’s lifesaving and fire (1) Within or on the boundaries of the master must ensure that: suppression and detection equipment cargo tanks which have been used to (a) It is possible to immediately complies with the applicable carry combustible liquid or chemicals in establish manual control of the ship’s requirements of parts 141 and 142 of bulk; steering; this subchapter and is in good working (2) Within or on the boundaries of (b) A competent person is ready at all order. fuel tanks; or, times to take over steering control; and § 140.655 Prevention of oil and garbage (3) To pipe lines, heating coils, (c) The changeover from automatic to pollution. pumps, fittings, or other appurtenances manual steering and vice versa is made (a) Each towing vessel must be connected to such cargo or fuel tanks. by, or under, the supervision of the operated in compliance with: (c) Such inspections must be made officer in charge of the navigational (1) Applicable sections of the Federal and evidenced as follows: watch. Water Pollution Control Act, including (1) In ports or places in the United section 311 of the Federal Water States or its territories and possessions Subpart G—Navigation and Pollution Control Act, as amended (33 the inspection must be made by a Communication Equipment U.S.C. 1321); marine chemist certificated by the (2) Applicable sections of the Act to National Fire Protection Association. § 140.700 Applicability. Prevent Pollution from Ships (33 U.S.C. However, if the services of such This subpart applies to all towing 1901 et seq.); and certified marine chemist are not vessels unless otherwise specified.

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Certain towing vessels are also subject International Regulations for Prevention crew for carrying out their emergency to the navigation safety regulations in 33 of Collisions at Sea (COLREGS) or 33 duties. CFR part 164. CFR part 84 as appropriate to its area of operation. § 140.805 Towing safety. § 140.705 Charts and nautical Prior to getting underway, and giving publications. § 140.725 Additional navigation due consideration to the prevailing and (a) This section applies to a towing equipment. expected conditions of the trip or vessel not subject to the requirements of Towing vessels must be equipped voyage, the officer in charge of the 33 CFR 164.72. with the following equipment, as navigational watch for a towing vessel (b) A towing vessel must carry applicable to the area of operation: must ensure that: adequate and up-to-date charts, maps, (a) Fathometer (except Western (a) The barges, vessels, or objects and nautical publications for the Rivers). making up the tow are properly intended voyage, including: (b) Search light, controllable from the configured and secured; (1) Charts, including electronic charts vessel’s operating station and capable of (b) Equipment, cargo, and industrial acceptable to the Coast Guard, of illuminating objects at a distance of at components on board the tow are appropriate scale to make safe least two times the length of the tow. properly secured and made ready for navigation possible. Towing vessels (c) Electronic position-fixing device, transit; operating on the Western Rivers must satisfactory for the area in which the (c) The towing vessel is safely and have maps of appropriate scale issued vessel operates, if the towing vessel securely made up to the tow; and by the Army Corps of Engineers or a engages in towing seaward of the (d) The towing vessel has appropriate river authority; navigable waters of the U.S. or more horsepower or bollard pull and is (2) ‘‘U.S. Coast Pilot’’ or similar than 3 nautical miles from shore on the capable of safely maneuvering the tow. publication; Great Lakes. (3) Coast Guard light list; and (d) Illuminated magnetic compass or § 140.820 Recordkeeping for towing gear. (4) Towing vessels that operate the an illuminated swing-meter (Western (a) The results of the inspections Western Rivers must have river stage(s) Rivers vessels only). The compass or required by 33 CFR 164.76 must be or Water Surface Elevations as swing-meter must be readable from each documented in the TVR, official appropriate to the trip or route, as operating station. logbook, or in accordance with the published by the U.S. Army Corps of Note to § 140.725. Certain towing TSMS applicable to the vessel. Engineers or a river authority, must be vessels subject to § 140.725 are also (b) A record of the type, size, and available to the person in charge of the subject to the requirements of 33 CFR service of each towline, face wire, and navigation watch. 164.72 and Automatic Identification spring line, used to make the towing (c) Extracts or copies from the System requirements of 33 CFR 164.46. vessel fast to her tow, must be available publications listed in paragraph (b) of to the Coast Guard or third-party auditor this section may be carried, so long as Subpart H—Towing Safety for review. The following minimum they are applicable to the route. information is required in the record: § 140.800 Applicability. The dates when examinations were § 140.710 Marine radar. This subpart applies to all towing performed, the identification of each Requirements for marine radar are set vessels unless otherwise specified. item of towing gear examined, and the forth in 33 CFR 164.72. Certain vessels are also subject to the name(s) of the person(s) conducting the navigation safety regulations in 33 CFR examinations. § 140.715 Communications equipment. parts 163 and 164. (a) Towing vessels must meet the Subpart I—Vessel Records communications requirements of 33 § 140.801 Towing gear. CFR part 26 and 33 CFR 164.72, as The owner, managing operator, master § 140.900 Marine casualty reporting. applicable. or officer in charge of a navigational Each towing vessel must comply with (b) Towing vessels not subject to the watch of a towing vessel must ensure the requirements of part 4 of this provisions of 33 CFR part 26 or 33 CFR the following: chapter for reporting marine casualties 164.72 must have a Very High (a) The strength of each component and retaining voyage records. Frequency-Frequency Modulated (VHF– used for securing the towing vessel to FM) radio installed and capable of the tow and for making up the tow is § 140.905 Official logbooks. monitoring VHF–FM Channels 13 and adequate for its intended service. (a) A towing vessel of the United 16, except when transmitting or (b) The size, material, and condition States, except one on a voyage from a receiving traffic on other VHF–FM of towlines, lines, wires, push gear, port in the United States to a port in channels, when participating in a Vessel cables, and other rigging used for Canada, is required by 46 U.S.C. 11301 Traffic Service (VTS), or when making up a tow or securing the towing to have an official logbook if the vessel monitoring a channel of a VTS. The vessel to a tow must be appropriate for: is: VHF–FM radio must be installed at each (1) The horsepower or bollard pull of (1) On a voyage from a port in the operating station and connected to a the vessel; United States to a foreign port; or functioning battery backup. (2) The static loads and dynamic (2) Of at least 100 gross tons and on (c) All towing vessels must have at loads expected during the intended a voyage between a port in the United least one properly operating handheld service; States on the Atlantic Ocean and one on VHF–FM radio in addition to the radios (3) The environmental conditions the Pacific Ocean. otherwise required. expected during the intended service; (b) The Coast Guard furnishes, and without fee, to masters of vessels of the § 140.720 Navigation lights, shapes, and (4) The likelihood of mechanical United States, the official logbook as sound signals. damage. Form CG–706B or CG–706C, depending Each towing vessel must be equipped (c) Emergency procedures related to on the number of persons employed as with navigation lights, shapes, and the tow have been developed and crew. The first several pages of this sound signals in accordance with the appropriate training provided to the logbook list various acts of Congress

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governing logbooks and the entries made, someone responsible for entries 141.315 Marking of survival craft and required in them. determines there is an error in an entry, stowage locations. (c) When a voyage is completed, or any entries to correct the error must 141.320 Inflatable survival craft placards. after a specified time has elapsed, the include the date and time of entry and 141.325 Survival craft equipment. 141.330 Skiffs as survival craft. master must file the official logbook name of the person making the 141.340 Lifejackets. containing required entries with the correction and must preserve a record of 141.350 Immersion suits. cognizant OCMI at or nearest the port the original entry being corrected. 141.360 Lifebuoys. where the vessel may be. Note to § 140.915. For towing vessels 141.370 Miscellaneous lifesaving subject to 46 U.S.C. 11301, there are requirements for towing vessels. § 140.910 Towing vessel record or record statutory requirements in that U.S. Code 141.375 Visual distress signals. specified by TSMS. section for additional items that must be 141.380 Emergency position indicating (a) This section applies to a towing entered in the official logbook. radio beacon (EPIRB). vessel other than a vessel operating only Regarding requirements outside this 141.385 Line throwing appliance. in a limited geographic area or a vessel subchapter, such as requirements in 33 Authority: 46 U.S.C. 3103, 3301, 3306, required by § 140.905 to maintain an CFR 151.25 to make entries in an oil 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS official logbook. record book, § 140.915 does not change Delegation 0170.1. (b) A towing vessel subject to this those requirements. section must maintain a TVR or in Subpart A—General accordance with the TSMS applicable to Subpart J—Penalties § 141.100 Purpose. the towing vessel. (c) The TVR must include a § 140.1000 Statutory penalties. This part contains requirements for chronological record of events as Violations of the provisions of this lifesaving equipment, arrangements, required by this subchapter. The TVR subchapter will subject the violator to systems, and procedures on towing may be electronic or paper. the applicable penalty provisions of vessels. (d) Except as required by §§ 140.900 Subtitle II of Title 46, and Title 18, § 141.105 Applicability and delayed and 140.905, records do not need to be United States Code. implementation for existing vessels. filed with the Coast Guard, but must be § 140.1005 Suspension and revocation. (a) This part applies to all towing kept available for review by the Coast An individual is subject to vessels subject to this subchapter. Guard upon request. Records, unless (1) An existing towing vessel must proceedings under the provisions of 46 required to be maintained for a longer comply with the requirements in this U.S.C. 7703 and 7704, and part 5 of this period by statute or other federal part no later than either July 20, 2018 or chapter with respect to suspension or regulation, must be retained for at least the date the vessel obtains a Certificate revocation of a license, certificate, 1 year after the date of the latest entry. of Inspection (COI), whichever date is document, or credential if the earlier. § 140.915 Items to be recorded. individual holds a license, certificate of (2) The delayed implementation registry, merchant mariner document, or (a) The following list of items must be provisions in paragraph (a)(1) of this merchant mariner credential and: recorded in the TVR, official logbook, or section do not apply to a new towing (a) Commits an act of misconduct, in accordance with the TSMS applicable vessel. negligence or incompetence; to the vessel: (b) A towing vessel on an (b) Uses or is addicted to a dangerous (1) Personnel records, in accordance international voyage, subject to SOLAS drug; or with § 140.400; (incorporated by reference, see (c) Violates or fails to comply with (2) Safety orientation, in accordance § 136.112 of this subchapter), must meet this subchapter or any other law or with § 140.410; the applicable requirements in regulation intended to promote marine (3) Record of drills and instruction, in subchapter W of this chapter. safety; or accordance with § 140.420; (c) Towing vessels in compliance with (d) Becomes a security risk, as (4) Examinations and tests, in SOLAS Chapter III will be deemed in described in 46 U.S.C. 7703. accordance with § 140.615; compliance with this part. (5) Operative navigational safety PART 141—LIFESAVING equipment, in accordance with Subpart B—General Requirements for § 140.620; Sec. Towing Vessels (6) Navigation assessment, in accordance with § 140.635; Subpart A—General § 141.200 General provisions. (7) Navigation safety training, in 141.100 Purpose. (a) Unless otherwise specified, all accordance with § 140.645; 141.105 Applicability and delayed lifesaving equipment must be approved (8) Oil residue discharges and implementation for existing vessels. by the Commandant under the approval disposals, in accordance with § 140.655; Subpart B—General Requirements for series specified in each section. (9) Record of inspection of towing Towing Vessels Lifesaving equipment for personal use gear, in accordance with § 140.820; and 141.200 General provisions. which is not required by this part need (10) Fire-detection and fixed fire- 141.225 Alternate arrangements or not be approved by the Commandant. extinguishing, in accordance with equipment. (b) A listing of approved equipment § 142.240. 141.230 Readiness. and materials may be found at https:// (b) For the purposes of this 141.235 Inspection, testing, and cgmix.uscg.mil/equipment. Each subchapter, if items are recorded maintenance. cognizant Officer in Charge, Marine electronically in a TVR or other record 141.240 Requirements for training crews. Inspection (OCMI) may be contacted for as specified by the TSMS applicable to Subpart C—Lifesaving Requirements for information concerning approved the towing vessel, these electronic Towing Vessels equipment and materials. entries must include the date and time 141.305 Survival craft requirements for (c) Equipment requirements are based of entry and name of the person making towing vessels. on the area in which a towing vessel is the entry. If after an entry has been 141.310 Stowage of survival craft. operating, not the route for which it is

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certificated. However, the towing vessel § 141.235 Inspection, testing, and objectives of the regulation. Survival must be equipped per the requirements maintenance. craft must: of its certificated route at the time of (a) All lifesaving equipment must be (1) Be readily accessible; tested and maintained in accordance certification. (2) Have an aggregate capacity with the minimum requirements of sufficient to accommodate the total § 141.225 Alternate arrangements or § 199.190 of this chapter, as applicable, equipment. number of individuals onboard, as and the vessel’s TSMS, if the vessel has specified in paragraph (c) of this (a) Alternate arrangements or a TSMS. equipment to comply with this part may (b) Inspections and tests of lifesaving section; be approved in accordance with equipment must be recorded in the (3) Provide a means for sheltering its § 136.115 of this subchapter. TVR, official logbook, or in accordance complement appropriate to the route; (b) If a Towing Safety Management with any TSMS applicable to the vessel. (4) Provide minimum equipment for System (TSMS) is applicable to the The following minimum information is survival if recovery time is expected to towing vessel, alternative means for required: be greater than 24 hours; and complying with §§ 141.340, 141.350, (1) The dates when inspections and and 141.360 may be approved by a (5) Be marked so that an individual tests were performed, the number or not familiar with the operation of the third-party organization (TPO) and other identification of each unit documented in the TSMS applicable to specific survival craft has sufficient inspected and tested, the results of the guidance to utilize the craft for its the vessel. inspections and tests, and the name of (c) The Coast Guard may approve a intended use. the crewmember, surveyor or auditor (c) Compliance options. A towing novel lifesaving appliance or and any others conducting the arrangement as an equivalent if it has vessel must meet the applicable inspections and tests; and functional requirements. Compliance performance characteristics at least (2) Receipts and other records with the functional requirements of equivalent to the appliance or documenting these inspections and tests paragraph (b) of this section may be met arrangement required under this must be retained for at least 1 year after by one of these two options: subchapter, and if it has been evaluated the expiration of the COI and made and tested under IMO Resolution available upon request. (1) A towing vessel that meets the A.520(13) (incorporated by reference, prescriptive requirements of paragraph see § 136.112 of this subchapter). § 141.240 Requirements for training crews. (d) of this section will have complied Requests for evaluation of novel Training requirements are contained with the functional requirements; or lifesaving appliances must be sent to the in part 140 of this subchapter. (2) If an owner or managing operator Commandant (CG–ENG). chooses to meet the functional (d) The cognizant OCMI may require Subpart C—Lifesaving Requirements requirement through means other than a towing vessel to carry specialized or for Towing Vessels as specified in paragraph (c)(1) of this additional lifesaving equipment if: section, the means must be accepted by (1) He or she determines that the § 141.305 Survival craft requirements for towing vessels. the cognizant OCMI or, if the vessel has conditions of the voyage render the (a) General purpose. Survival craft a TSMS, then by a TPO and, in the latter requirements of this part inadequate; or case, documented in the TSMS (2) The towing vessel is operated in provide a means for survival when applicable to the vessel. The design, globally remote areas or severe evacuation from the towing vessel is testing, and examination scheme for environments not covered under this necessary. The craft and related meeting these functional requirements part. Such areas may include, but are equipment should be selected so as to must be included as part of the TSMS not limited to, polar regions, remote provide for the basic needs of the crew, applicable to the vessel. islands, areas of extreme weather, and such as shelter from life threatening other remote areas where timely elements, until rescue resources are (d) Prescriptive requirements. (1) emergency assistance cannot be expected to arrive, taking into account Except as provided in paragraphs (d)(2) anticipated. the scope and nature of the towing through (4) of this section, each towing vessel’s operations. vessel must carry the survival craft § 141.230 Readiness. (b) Functional requirements. A towing specified in Table 141.305 of this The master must ensure that all vessel’s survival craft must meet the section, as appropriate for the towing lifesaving equipment is properly functional requirements of paragraphs vessel, in an aggregate capacity to maintained and ready for use at all (b)(1) through (5) of this section. accommodate the total number of times. Functional requirements describe the individuals onboard.

TABLE 141.305—SURVIVAL CRAFT

Area of operation

Limited Great Lakes and lakes, bays, Equipment geographic and sounds as defined in Coastwise and ltd. coastwise (approval series) area or Rivers § 136.110 Oceans protected ≤3 miles >3 miles ≤ 3 miles > 3 miles waters from shore from shore from shore from shore

Cold Water Operation

Inflatable Buoyant Apparatus None 1 ...... 2 100% 2 100% ...... 2 100% (160.010). Inflatable Liferaft with SOLAS B None 1 ...... 100% ...... 100% Pack (160.151).

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TABLE 141.305—SURVIVAL CRAFT—Continued

Area of operation

Limited Great Lakes and lakes, bays, Equipment geographic and sounds as defined in Coastwise and ltd. coastwise (approval series) area or Rivers § 136.110 Oceans protected ≤3 miles >3 miles ≤ 3 miles > 3 miles waters from shore from shore from shore from shore

Inflatable Liferaft with SOLAS A None 1 ...... 100% Pack (160.151).

Warm Water Operation

Rigid Buoyant Apparatus None 1 ...... 2 100% 2 100% 2 100% 2 100% (160.010). Inflatable Liferaft with SOLAS B None 1 ...... 3 100% Pack (160.151). Inflatable Liferaft with SOLAS A None 1 ...... 100% Pack (160.151). 1 No survival craft are required unless deemed necessary by the cognizant OCMI or a TSMS applicable to the towing vessel. 2 A skiff that meets requirements in § 141.330(a) through (f) may be substituted for all or part of required equipment. 3 Inflatable buoyant apparatus (approval series 160.010) may be accepted or substituted if the vessel carries a 406 MHz Cat 1 emergency po- sition indicating radio beacon (EPIRB) meeting 47 CFR part 80.

(2) The following approved survival § 141.310 Stowage of survival craft. (a) Be capable of being launched craft may be substituted for survival Survival craft must be stowed in within 5 minutes under all craft required by Table 141.305 of this accordance with the requirements of circumstances; section: § 199.130 of this chapter, as far as is (b) Be of suitable size for all persons (i) A lifeboat approved under practicable on existing towing vessels. on board the towing vessel; approval series 160.135 may be (c) Not exceed the loading specified substituted for any survival craft § 141.315 Marking of survival craft and on the capacity plate required by 33 required by this section, provided it is stowage locations. CFR 183.23; arranged and equipped in accordance Survival craft and stowage locations (d) Not contain modifications with part 199 of this chapter. must be marked in accordance with the affecting the buoyancy or structure of (ii) An inflatable liferaft approved requirements of §§ 199.176 and 199.178 the skiff; under approval series 160.051 or of this chapter. (e) Be of suitable design for the 160.151, may be substituted for an vessel’s intended service; and inflatable buoyant apparatus or rigid § 141.320 Inflatable survival craft placards. (f) Be marked in accordance with buoyant apparatus. Every towing vessel equipped with an §§ 199.176 and 199.178 of this chapter. (iii) An inflatable buoyant apparatus inflatable survival craft must have, in § 141.340 Lifejackets. approved under approval series 160.010 conspicuous places near each inflatable (a) Each towing vessel must carry at may be substituted for a rigid buoyant survival craft, approved placards or least one appropriately-sized lifejacket, apparatus. other posted instructions for launching approved under approval series (iv) A life float approved under and inflating inflatable survival craft. 160.002, 160.005, 160.055, 160.155, or approval series 160.027 may be § 141.325 Survival craft equipment. 160.176, for each person on board. substituted for a rigid buoyant (b) For towing vessels with berthing apparatus. (a) Each item of survival craft aboard, a sufficient number of (3) Unless it is determined to be equipment must be of good quality, additional lifejackets must be carried so necessary by the cognizant OCMI under effective for the purpose it is intended that a lifejacket is immediately available § 141.225, or a TSMS applicable to the to serve, and secured to the craft. for persons at each normally manned towing vessel, each towing vessel that (b) Each towing vessel carrying a watch station. operates solely on rivers need not carry lifeboat must carry equipment in (c) Where alternative means are used survival craft if: accordance with § 199.175 of this to meet the requirements of this section, (i) It carries a 406 MHz Cat 1 EPIRB chapter. as permitted by § 141.225, there must be meeting 47 CFR part 80; (c) Each life float and rigid buoyant at least one lifejacket for each person (ii) It is designed for pushing ahead apparatus must be fitted with a lifeline, onboard. Any TSMS applicable to the and has a TSMS that contains pendants, a painter, and floating electric towing vessel must specify the number procedures for evacuating crewmembers water light approved under approval and location of lifejackets in such a onto the tow or other safe location; or series 161.010. manner as to facilitate immediate (iii) It operates within 1 mile of shore. accessibility at normally occupied (4) A towing vessel which is not § 141.330 Skiffs as survival craft. spaces including, but not limited to, required by this part to carry survival A skiff may be substituted for all or accommodation spaces and watch craft may carry a non-approved survival part of the approved survival craft for stations. craft as excess equipment, provided that towing vessels that do not operate more (d) Lifejackets must be readily it is maintained in good working than 3 miles from shore. A skiff used as accessible. condition and maintained according to a survival craft does not require Coast (e) If the towing vessel carries the manufacturer’s instructions. Guard approval but must: inflatable lifejackets they must be of

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similar design to each other and have that location) is readily accessible to the (5) Be orange in color, if on a vessel the same mode of operation. station or site. on an oceans or coastwise route. (f) Each lifejacket must be marked: (3) Where alternative means are used (c) Lifebuoys must have the following (1) In block capital letters with the to meet the requirements of this section, attachments and fittings: as permitted by § 141.225, there must be name of the vessel; and (1) At least one lifebuoy must have a at least one immersion suit of the (2) With Type I retro-reflective lifeline, secured around the body of the appropriate size for each person material approved under approval series lifebuoy. If more than one lifebuoy is onboard. Any TSMS applicable to the 164.018. The arrangement of the retro- carried, at least one must not have a towing vessel must specify the number reflective material must meet IMO lifeline attached. Each lifeline on a and location of immersion suits in such Resolution A.658(16) (incorporated by lifebuoy must: reference, see § 136.112 of this a manner as to facilitate immediate (i) Be buoyant; subchapter). accessibility at normally occupied (g) Lifejackets must have the spaces including, but not limited to, (ii) Be of at least 18.3 meters (60 feet) following attachments and fittings: accommodation spaces and watch in length; (1) Each lifejacket must have a stations. (iii) Be non-kinking; lifejacket light approved under approval (4) A towing vessel operating on (iv) Have a diameter of at least 7.9 rivers or in a limited geographic area is series 161.012 or 161.112 securely millimeters (5⁄16 inch); attached to the front shoulder area of the not required to carry immersion suits. (b) Immersion suits carried on towing (v) Have a breaking strength of at least lifejacket. 5 kilonewtons (1,124 pounds); and (2) Each lifejacket must have a whistle vessels must meet the requirements of (vi) Be of a dark color if synthetic, or firmly secured by a cord to the § 199.70(c) and (d) of this chapter. of a type certified to be resistant to lifejacket. § 141.360 Lifebuoys. deterioration from ultraviolet light. (h) Stowage positions for lifejackets (a) A towing vessel must carry stowed in a berthing space or stateroom (2) At least two lifebuoys on a towing lifebuoys as follows: vessel greater than 26 feet must be fitted and all lifejacket containers must be (1) A towing vessel less than 26 feet marked in block capital letters and with a floating electric water light length must carry a minimum of one approved under approval series 161.010 numbers with the minimum quantity, lifebuoy of not less than 510 millimeters identity, and, if sizes other than adult or or 161.110, unless the towing vessel is (20 inches) in diameter. limited to daytime operation, in which universal sizes are used on the vessel, (2) A towing vessel of at least 26 feet, the size of the lifejackets stowed inside case no floating electric water light is but less than 79 feet, in length must required. the container. The equipment may be carry a minimum of two lifebuoys identified in words or with the located on opposite sides of the vessel (3) If a towing vessel carries only one appropriate symbol from IMO where personnel are normally present. lifebuoy, the lifebuoy must be fitted Resolution A.760(18) (incorporated by Lifebuoys must be at least 610 with a floating electric water light reference, see § 136.112 of this millimeters (24 inches) in diameter. approved under approval series 161.010 subchapter). (3) A towing vessel 79 feet or more in or 160.110, unless the towing vessel is limited to daytime operation, in which § 141.350 Immersion suits. length must carry four lifebuoys, with one lifebuoy located on each side of the case no floating electric water light is (a) Except as provided in paragraph operating station. Lifebuoys must be at required. The water light must be (a)(4) of this section, each towing vessel least 610 millimeters (24 inches) in attached by the lanyard with a ° operating north of lat. 32 N. or south diameter. corrosion-resistant clip to allow the ° of lat. 32 S. must carry the number of (4) Where alternative means are used water light to be quickly disconnected immersion suits as prescribed in this to meet the requirements of this section, from the lifebuoy. The clip must have a paragraph (a): as permitted by § 141.225, any TSMS strength of at least 22.7 kilograms (50 (1) Each towing vessel operating in applicable to the towing vessel must pounds). those regions must carry at least one specify the number and location of (4) Each lifebuoy with a floating appropriate-size immersion suit, lifebuoys in such a manner as to electric water light must have a lanyard approved under approval series facilitate rapid deployment of lifebuoys of at least 910 millimeters (3 feet) in 160.171, for each person onboard. from exposed decks, including the pilot length, but not more than 1,830 (2) In addition to the immersion suits house. millimeters (6 feet), securing the water required under paragraph (a)(1) of this (b) Each lifebuoy on a towing vessel light around the body of the lifebuoy. section, each watch station, work must: station, and industrial work site must (1) Be approved under approval series § 141.370 Miscellaneous life saving requirements for towing vessels. have enough immersion suits to equal 160.050 or 160.150; the number of persons normally on (2) Be capable of being rapidly cast Miscellaneous lifesaving requirements watch in, or assigned to, the station or loose; are summarized in Table 141.370 of this site at one time. However, an immersion (3) Not be permanently secured to the section. Equipment requirements are suit is not required at a station or site vessel in any way; based on the area in which a towing for a person whose cabin or berthing (4) Be marked in block capital letters vessel is operating, not the route for area (and the immersion suits stowed in with the name of the vessel; and which it is certificated.

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TABLE 141.370—MISCELLANEOUS LIFESAVING EQUIPMENT

Area of operation Great Lakes and lakes, bays, Equipment Limited and sounds as defined in Coastwise and ltd. coastwise (46 CFR section) geographic Rivers § 136.110 Oceans area ≤ 3 miles ≤ 3 miles ≤ 3 miles > 3 miles from shore from shore from shore from shore

Visual Distress Signals 3 day and 3 3 day and 3 3 day and 3 6 day and 6 3 day and 3 6 day and 6 6 day and 6 (§ 141.375). night. night. night. night. night. night. night. EPIRBs (§ 141.380) ...... 1 1 ...... 1¥ ...... 1 ...... 1 Line Throwing Appliances ...... 1¥ ...... 1 (§ 141.385). 1 Great Lakes service only.

§ 141.375 Visual distress signals. Beacon (EPIRB) that meets the Subpart B—General Requirements for (a) Carriage requirement. A towing requirements of 47 CFR part 80. Towing Vessels vessel must carry a combination of day (b) When the towing vessel is 142.205 Alternate standards. and night visual distress signals underway, the EPIRB must be stowed in 142.210 Alternate arrangements or indicated in Table 141.370 of § 141.370 its float-free bracket with the controls equipment. for specified areas where the vessel set for automatic activation and be 142.215 Approved equipment. 142.220 Fire hazards to be minimized. operates. mounted in a manner so that it will float (b) Day and night visual distress 142.225 Storage of flammable or free if the towing vessel sinks. combustible products. signals. Hand-held red flare distress (c) The name of the towing vessel 142.226 Firefighter’s outfit. signals, approved under approval series must be marked or painted in clearly 142.227 Fire axe. 160.021 or 160.121, and hand-held legible letters on each EPIRB, except on 142.230 Hand-portable fire extinguishers rocket-propelled parachute red flares, an EPIRB in an inflatable liferaft. and semi-portable fire-extinguishing approved under approval series 160.036 systems. (d) The owner or managing operator or 160.136, are acceptable as both day 142.235 Vessels contracted for prior to must maintain valid proof of and night signals. November 19, 1952. (c) Signals for day visual distress only. registration. 142.240 Inspection, testing, maintenance, Floating orange smoke signals, approved Note to paragraph (d). Registration and records. under approval series 160.022, 160.122, information can be found at 142.245 Requirements for training crews to respond to fires. or 160.157, and hand-held orange smoke www.beaconregistration.noaa.gov/. distress signals, approved under § 141.385 Line throwing appliance. Subpart C—Fire Extinguishing and approval series 160.037, are only Detection Requirements acceptable as day signals. Each towing vessel operating in 142.300 Excepted vessels. (d) Limited geographic area. A vessel oceans and coastwise service must have 142.315 Additional fire-extinguishing operating in a limited geographic area a line throwing appliance approved equipment requirements. on a short run limited to approximately under approval series 160.040. 142.325 Fire pumps, fire mains, and fire 30 minutes away from the dock is not (a) Stowage. The line throwing hoses. required to carry visual distress signals appliance and its equipment must be 142.330 Fire-detection system requirements. under this section. readily accessible for use. (e) Stowage. Each pyrotechnic distress (b) Additional equipment. The line Authority: 46 U.S.C. 3103, 3301, 3306, signal carried to meet this section must throwing appliance must have: 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS Delegation 0170.1. be stowed in either: (1) The equipment on the list (1) A portable watertight container provided by the manufacturer with the Subpart A—General carried at the operating station. Portable approved appliance; and watertight containers for pyrotechnic (2) An auxiliary line that: § 142.100 Purpose. distress signals must be of a bright color (i) Is at least 450 meters (1,500 feet) This part contains requirements for and must be clearly marked in legible long; fire suppression and detection contrasting letters at least 12.7 equipment and arrangements on towing millimeters (0.5 inches) high with (ii) Has a breaking strength of at least vessels. ‘‘DISTRESS SIGNALS’’; or 40 kilonewtons (9,000 pounds-force); and (2) A pyrotechnic locker secured § 142.105 Applicability and delayed above the freeboard deck, away from (iii) Is, if synthetic, of a dark color or implementation for existing vessels. certified by the manufacturer to be heat, in the vicinity of the operating This part applies to all towing vessels station. resistant to deterioration from ultraviolet light. subject to this subchapter. § 141.380 Emergency position indicating (a) An existing towing vessel must radio beacon (EPIRB). PART 142—FIRE PROTECTION comply with the requirements in this (a) Each towing vessel operating on part no later than either July 20, 2018 or oceans, coastwise, limited coastwise, or Sec. the date the vessel obtains a Certificate beyond 3 nautical miles from shore Subpart A —General of Inspection (COI), whichever date is upon the Great Lakes must carry a 142.100 Purpose. earlier. Category 1, 406 MHz satellite 142.105 Applicability and delayed (b) The delayed implementation Emergency Position Indicating Radio implementation for existing vessels. provisions in paragraph (a) of this

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section do not apply to a new towing (b) A listing of approved equipment portable fire extinguishers required by vessel. and materials may be found online at Tables 142.230(d)(1) and 142.230(d)(2) https://cgmix.uscg.mil/equipment. Each of § 142.230. Subpart B—General Requirements for cognizant OCMI may be contacted for Towing Vessels information concerning approved § 142.226 Firefighter’s outfit. Each towing vessel 79 feet or more in § 142.205 Alternate standards. equipment and materials. (c) New installations of fire- length operating on oceans and (a) Towing vessels in compliance with extinguishing and fire-detection coastwise routes that does not have an Chapter II–2 of SOLAS (incorporated by equipment of a type not required, or in installed fixed fire-extinguishing system reference, see § 136.112 of this excess of that required by this part, may must have the following: subchapter) will be deemed to be in be permitted if Coast Guard approved, (a) At least two firefighter’s outfits compliance with this part. or if accepted by the local OCMI, a TPO, that meet NFPA 1971 (incorporated by (b) Towing vessels that comply with or a Nationally Recognized Testing reference, see § 136.112 of this other alternate standards, deemed by the Laboratory (NRTL). Existing equipment subchapter); and Commandant to provide an equivalent and installations not meeting the (b) Two self-contained breathing level of safety and performance, will be applicable requirements of this part may in compliance with this part. apparatus of the pressure demand, open be continued in service so long as they circuit type, approved by the National § 142.210 Alternate arrangements or are in good condition and accepted by Institute for Occupational Safety and equipment. the local OCMI or TPO. Health (NIOSH), under 42 CFR part 84. (a) Alternate arrangements or § 142.220 Fire hazards to be minimized. The breathing apparatus must have a equipment to comply with this part may minimum 30-minute air supply and full Each towing vessel must be be approved in accordance with facepiece. maintained and operated so as to § 136.115 of this subchapter. minimize fire hazards and to ensure the § 142.227 Fire axe. (b) All owners or operators of towing following: vessels with a Towing Safety Each towing vessel must be equipped (a) All bilges and void spaces are kept with at least one fire axe that is readily Management System (TSMS) may free from accumulation of combustible comply with the requirements of accessible for use from the exterior of and flammable materials and liquids the vessel. subpart B of this part by outfitting their insofar as practicable. vessels with appropriate alternate (b) Storage areas are kept free from § 142.230 Hand-portable fire extinguishers arrangements or equipment so long as accumulation of combustible and and semi-portable fire-extinguishing these variations provide an equivalent flammable materials insofar as systems. level of safety and performance and are practicable. (a) Hand-portable fire extinguishers properly documented in the TSMS. and semi-portable fire-extinguishing (c) The cognizant Officer in Charge, § 142.225 Storage of flammable or systems are classified by a combination Marine Inspection (OCMI) may require combustible products. letter and Roman numeral. The letter a towing vessel to carry specialized or (a) Paints, coatings, or other indicates the type of fire which the unit additional fire protection, suppression, flammable or combustible products could be expected to extinguish, and the or detection equipment if: onboard a towing vessel must be stored Roman numeral indicates the relative (1) He or she determines that the in a designated storage room or cabinet size of the unit. conditions of the voyage render the when not in use. requirements of this part inadequate; or (b) If a storage room is provided, it (b) For the purpose of this subchapter, (2) The towing vessel is operated in may be any room or compartment that all required hand-portable fire globally remote areas or severe is free of ignition sources. extinguishers and semi-portable fire- environments not covered under this (c) If a dedicated storage cabinet is extinguishing systems must include part. These areas may include, but are provided it must be secured to the Type B classification, suitable for not limited to, polar regions, remote vessel so that it does not move and must extinguishing fires involving flammable islands, areas of extreme weather, and be either: liquids, grease, etc. other remote areas where timely (1) A flammable liquid storage cabinet (c) The number designations for size emergency assistance cannot be that satisfies UL 1275 (incorporated by run from ‘‘I’’ for the smallest to ‘‘V’’ for anticipated. reference, see § 136.112 of this the largest. Sizes I and II are hand- subchapter); or portable fire extinguishers; sizes III, IV, § 142.215 Approved equipment. (2) A flammable liquid storage cabinet and V are semi-portable fire- (a) All hand-portable fire that satisfies FM Approvals Standard extinguishing systems, which must be extinguishers, semi-portable fire- 6050 (incorporated by reference, see fitted with hose and nozzle or other extinguishing systems, and fixed fire- § 136.112 of this subchapter); or practical means to cover all portions of extinguishing systems required by this (3) Another suitable steel container the space involved. Examples of the part must be approved by the that provides an equivalent level of sizes for some of the typical hand- Commandant (CG–ENG). Where other protection. portable fire extinguishers and semi- equipment in this part is required to be (d) A B–II portable fire extinguisher portable fire-extinguishing systems approved, such equipment requires the must be located near the storage room appear in Table 142.230(c) of this specific approval of the Commandant. or cabinet. This is in addition to the section.

TABLE 142.230(c)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS

Carbon dioxide, Dry chemical, Classification Foam, liters kilograms kilograms (gallons) (pounds) (pounds)

B–I ...... 4.75 (1.25) 2 (4) 1 (2)

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TABLE 142.230(c)—PORTABLE AND SEMI-PORTABLE EXTINGUISHERS—Continued

Carbon dioxide, Dry chemical, Classification Foam, liters kilograms kilograms (gallons) (pounds) (pounds)

B–II ...... 9.5 (2.5) 7 (15) 4.5 (10) B–III ...... 45 (12) 16 (35) 9 (20) B–IV ...... 75 (20) 23 (50) 13.5 (30) B–V ...... 125 (33) 45 (100) 23 (50)

(d)(1) Towing vessels of 65 feet or less extinguishers set forth in Table in length must carry at least the 142.230(d)(1) of this section. minimum number of hand-portable fire

TABLE 142.230(d)(1)—B–I HAND-PORTABLE FIRE EXTINGUISHERS

Minimum number of B–I hand-portable fire extinguishers required 1 Length, feet No fixed Fixed fire-extinguishing sys- fire-extinguishing sys- tem in machinery tem in machinery space space

Under 26 2 ...... 1 0 26 and over, but under 40 ...... 2 1 40 and over, but not over 65 ...... 3 2 1 One B–II hand-portable fire extinguisher may be substituted for two B–I hand-portable fire extinguishers. 2 See § 136.105 of this subchapter concerning vessels under 26 feet.

(2) Towing vessels of more than 65 extinguishers set forth in Table feet in length must carry at least the 142.230(d)(2) of this section. minimum number of hand-portable fire

TABLE 142.230(d)(2)—B–II HAND-PORTABLE FIRE EXTINGUISHERS

Gross tonnage— Minimum number of B–II hand- portable fire ex- Over Not over tinguishers

...... 50 ...... 1 50 ...... 100 ...... 2 100 ...... 500 ...... 3 500 ...... 1,000 ...... 6 1,000 ...... 8

(i) In addition to the hand-portable § 142.235 Vessels contracted for prior to § 142.240 Inspection, testing, extinguishers required by paragraph November 19, 1952. maintenance, and records. (d)(2) of this section, one Type B–II (a) Towing vessels contracted for (a) Inspection and testing. All hand- hand-portable fire extinguisher must be construction prior to November 19, portable fire extinguishers, semi- fitted in the engine room for each 1,000 1952, must meet the applicable portable fire-extinguishing systems, fire- brake horsepower of the main engines or provisions of this part concerning the detection systems, and fixed fire- extinguishing systems, including fraction thereof. A towing vessel is not number and general type of equipment ventilation, machinery shutdowns, and required to carry more than six required. additional B–II extinguishers in the fixed fire-extinguishing system (b) Existing equipment and engine room for this purpose, pressure-operated dampers onboard the installations previously approved, but irrespective of horsepower. vessel, must be inspected or tested at not meeting the applicable requirements least once every 12 months, as (ii) [Reserved] for approval by the Commandant, may prescribed in paragraphs (a)(1) through (e) The frame or support of any size be continued in service so long as they (8) of this section, or more frequently if III, IV, or V semi-portable extinguisher are in good condition. otherwise required by the TSMS fitted with wheels must be welded or (c) All new installations and applicable to the vessel. otherwise permanently attached to a replacements must meet the (1) Portable fire extinguishers must be steel bulkhead or deck to prevent it from requirements of this part. tested in accordance with the rolling under heavy sea conditions. inspection, maintenance procedures and hydrostatic pressure tests required by Chapters 7 and 8 of NFPA 10, Portable

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Fire Extinguishers (incorporated by (3) Flexible connections and system must be tested, to determine that reference, see § 136.112 of this discharge hoses on all semi-portable the system is operating properly. subchapter), with the frequency as extinguishers and fixed extinguishing (6) The fire main system must be specified by NFPA 10. In addition, systems must be inspected and tested in charged, and sufficient pressure must be carbon dioxide and Halocarbon portable accordance with § 147.65 of this verified at the most remote and highest fire extinguishers must be refilled when chapter. outlets. the net content weight loss exceeds that (4) All cylinders containing compressed gas must be tested and (7) All fire hoses must be inspected specified for fixed systems in Table for excessive wear, and subjected to a 142.240 of this section. marked in accordance with § 147.60 of this chapter. test pressure equivalent to the (2) Semi-portable and fixed fire- (5) All piping, controls, valves, and maximum service pressure. All fire extinguishing systems must be alarms must be inspected; and the hoses which are defective and incapable inspected and tested, as required by operation of controls, alarms, of repair must be destroyed. Table 142.240 of this section, in ventilation shutdowns, and pressure- (8) All smoke- and fire-detection addition to the tests required by operated dampers for each fixed fire- systems, including detectors and alarms, §§ 147.60 and 147.65 of this chapter. extinguishing system and detecting must be tested.

TABLE 142.240—SEMI-PORTABLE AND FIXED FIRE-EXTINGUISHING SYSTEMS

Type system Test

Carbon dioxide ...... Weigh cylinders. Recharge if weight loss exceeds 10 percent of weight of the charge. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections on fixed carbon di- oxide systems must be tested or renewed, as required by §§ 147.60 and 147.65 of this chapter. Halon and Halocarbon ...... Recharge or replace if weight loss exceeds 5 percent of the weight of the charge or if cylinder has a pres- sure gauge, recharge cylinder if pressure loss exceeds 10 percent adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses for damage or decay. Ensure that nozzles are unobstructed. Cylinders must be tested and marked, and all flexible connections to Halon 1301 and halocarbon cylinders must be tested or renewed, as required by §§ 147.60 and 147.65 or § 147.67 of this chapter. NOTE: Halon 1301 system approvals have expired, but existing systems may be retained if they are in good and serviceable condition to the satisfaction of the Coast Guard inspector. Dry Chemical (cartridge operated) Inspect pressure cartridge and replace if end is punctured or if determined to have leaked or is in an un- suitable condition. Inspect hose and nozzle to see if they are clear. Insert charged cartridge. Ensure dry chemical is free flowing (not caked) and extinguisher contains full charge. Dry chemical (stored pressure) ...... See that pressure gauge is within operating range. If not, or if the seal is broken, weigh or otherwise deter- mine that extinguisher is fully charged with dry chemical. Recharge if pressure is low or dry chemical is needed. Foam (stored pressure) ...... See that pressure gauge, if so equipped, is within the operating range. If not, or if the seal is broken, weigh or otherwise determine that extinguisher is fully charged with foam. Recharge if pressure is low or foam is needed. Replace premixed agent every 3 years. Inert gas ...... Recharge or replace if cylinder pressure loss exceeds 5 percent, adjusted for temperature. Test time delays, alarms, and ventilation shutdowns with carbon dioxide, nitrogen, or other nonflammable gas as stated in the system manufacturer’s instruction manual. Inspect hoses and nozzles to ensure they are clear. Water mist ...... Test and inspect system in accordance with the maintenance instructions in the system manufacturer’s de- sign, installation, operation, and maintenance manual.

(b) Maintenance. In addition to the (i) The dates when inspections and § 142.245 Requirements for training crews requirements in paragraph (a) of this tests were performed, the number and to respond to fires. section, all fire-suppression and any other identification of each unit (a) Drills and instruction. The master detection equipment and systems on inspected and tested, the results of the of a towing vessel must ensure that each board a towing vessel must be inspections and tests, and the name of crewmember participates in fire-fighting maintained in accordance with the the crewmember, surveyor or auditor drills and receives instruction at least attached nameplate, manufacturer’s and any others conducting the once each month. The instruction may approved design manual, or as inspections and tests, must be included. coincide with the drills, but is not otherwise provided in any TSMS (ii) Receipts and other records required to do so. All crewmembers applicable to the vessel. generated by these inspections and tests must be familiar with their fire-fighting duties, and, specifically how to: (c) Records. (1) The records of must be retained for at least 1 year and made available upon request. (1) Fight a fire in the engine room and inspections and tests of fire-detection elsewhere onboard the towing vessel, systems and fixed fire-extinguishing (2) The records of inspections and including how to: systems must be recorded in the TVR, tests of hand-portable fire extinguishers (i) Operate all of the fire-extinguishing official logbook, or in accordance with and semi-portable fire-extinguishing equipment onboard the towing vessel; any TSMS applicable to the vessel. The systems may be recorded in accordance following minimum information is with paragraph (c)(1) of this section, or (ii) Stop any mechanical ventilation on a tag attached to each unit by a system for the engine room and required: qualified servicing organization. effectively seal all natural openings to

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the space to prevent leakage of the was executed prior to August 27, 2003; (e) The portable fire pump must be extinguishing agent; and or self-priming and power-driven, with: (iii) Operate the fuel shut-off(s) for the (3) Pushing a barge ahead or hauling (1) A minimum capacity of at least engine room. a barge alongside, when the barge’s 300 LPM (80 gpm) at a discharge gauge (2) Activate the general alarm; coastwise, limited coastwise, or Great pressure of not less than 414 kPa (60 (3) Report inoperative alarm systems Lakes route is restricted, as indicated on psi), measured at the pump discharge; and fire-detection systems; and its COI, so that the barge may operate (2) A sufficient amount of lined (4) Don a firefighter’s outfit and a self- ‘‘in fair weather only, within 12 miles commercial fire hose 15 meters (50 feet) contained breathing apparatus, if the of shore’’ or with words to that effect, in length, at least 40 mm (1.5 inches) in vessel is so equipped. must be equipped with either: diameter and immediately available to (b) Alternative form of instruction. (i) An approved B–V semi-portable attach to it so that a stream of water will Video training, followed by a discussion fire-extinguishing system to protect the reach any part of the vessel; and led by someone familiar with the engine room; or (3) A nozzle made of corrosion- contingencies listed in paragraph (a) of (ii) A fixed fire-extinguishing system resistant material capable of providing a this section, is an acceptable, alternative installed to protect the engine room. solid stream and a spray pattern. form of instruction. This instruction (b) A towing vessel that is certificated (f) The pump must be stowed with its may occur either onboard or off the for limited coastwise, coastwise, oceans, hose and nozzle outside of the towing vessel. or beyond 3 nautical miles from shore machinery space. (c) Participation in drills. Drills must on the Great Lakes whose contract for construction was executed on or after § 142.330 Fire-detection system take place onboard the towing vessel as requirements. if there were an actual emergency. They August 27, 2003, except for those must include: specified in paragraph (a)(3) of this (a) Fire-detection systems. Except as (1) Participation by all crewmembers; section, must be equipped with both: provided in paragraph (a)(8) of this (1) An approved B–V semi-portable (2) Breaking out and using, or section, each towing vessel must have a fire-extinguishing system to protect the simulating the use of, emergency fire-detection system installed to detect engine room; and equipment; engine room fires. The owner or (2) A fixed fire-extinguishing system managing operator must ensure the (3) Testing of all alarm and detection installed to protect the engine room. systems by operation of the test switch following: or by activation of one or more devices; § 142.325 Fire pumps, fire mains, and fire (1) Each detector, control panel, (4) Putting on protective clothing by hoses. remote indicator panel, and fire alarm at least one person, if the towing vessel Each towing vessel must have either are approved by the Commandant under is so equipped; and a self-priming, power-driven, fixed fire approval series 161.002 or listed by a (5) Functionally testing the self- pump, a fire main, and hoses and NRTL as set forth in 29 CFR 1910.7; priming capability of the portable fire nozzles in accordance with paragraphs (2) The system is installed, tested, and pump, if the towing vessel is so (a) through (d) of this section; or a maintained in accordance with the equipped. portable pump, and hoses and nozzles, manufacturer’s design manual; (d) Safety orientation. The master in accordance with paragraphs (e) and (3) The system is arranged and must ensure that each crewmember who (f) of this section. installed so a fire in the engine room has not participated in the drills (a) A fixed fire pump must be capable automatically sets off alarms on a fire required by paragraph (a) of this section of: detection control panel at the operating and received the instruction required by (1) Delivering water simultaneously station. On vessels with more than one that paragraph (a) receives a safety from the two highest hydrants, or from operating station, only one of them must orientation within 24 hours of reporting both branches of the fitting if the highest be outfitted with a fire detection control for duty. The safety orientation must hydrant has a Siamese fitting, at a pitot- panel. Any other operating station must cover the particular contingencies listed tube pressure of at least 344 kilopascals be outfitted with either a fire detection in paragraph (a) of this section. (kPa) (50 pounds per square inch (psi)), control panel or a remote indicator Note to § 142.245. See § 140.915 for and a flow rate of at least 300 liters per panel; (4) The control panel includes: requirements for keeping records of minute (lpm) (80 gallons per minute (i) A power available light; training. (gpm)); and (2) Being energized remotely from a (ii) An audible to notify crew of a fire; Subpart C—Fire Extinguishing and safe place outside the engine room and (iii) Visual alarm alarms to identify Detection Equipment Requirements at the pump. the zone or zones of origin of the fire; (b) All suction valves necessary for (iv) A means to silence the audible § 142.300 Excepted vessels. the operation of the fire main must be alarm while maintaining indication by Excepted vessels, as defined in kept in the open position or capable of the visual alarms; § 136.110 of this subchapter, need not operation from the same place where (v) A circuit-fault detector test-switch, comply with the provisions of the remote fire pump control is located. or internal supervision of circuit §§ 142.315 through 142.330. (c) The fire main must have a integrity; and sufficient number of fire hydrants with (vi) Labels for all switches and § 142.315 Additional fire-extinguishing attached hose to allow a stream of water indicator lights, identifying their equipment requirements. to reach any part of the machinery space functions. (a) A towing vessel that is: using a single length of fire hose. (5) The system draws power from two (1) Certificated for rivers, lakes, bays, (d) The hose must be a lined sources. Switchover from the primary and sounds, less than 3 nautical miles commercial fire hose 15 meters (50 feet) source to the secondary source may be from shore on the Great Lakes; or in length, at least 40 millimeters (1.5 either manual or automatic; (2) Certificated for limited coastwise, inches) in diameter, and fitted with a (6) The system serves no other coastwise, oceans or waters beyond 3 nozzle made of corrosion-resistant purpose, unless it is an engine room nautical miles from shore on the Great material capable of providing a solid monitoring system complying with Lakes, whose contract for construction stream and a spray pattern. paragraph (a)(8) of this section; and

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(7) The design of the system and its 143.230 Alarms and monitoring. applicability of requirements in each installation on the towing vessel is 143.235 General alarms. subpart is set forth in that subpart. certified and inspected by a registered 143.240 Communication requirements. professional engineer with experience 143.245 Readiness and testing. § 143.115 Definitions. 143.250 System isolation and markings. The definitions provided in § 136.110 in fire-detection system design, by a 143.255 Fuel system requirements. technician with qualifications as a 143.260 Fuel shutoff requirements. of this subchapter apply to this part. In National Institute for Certification in 143.265 Additional fuel system addition, the following definition Engineering Technologies (NICET) level requirements for towing vessels built applies exclusively to this part: IV fire alarm engineering technician, or after January 18, 2000. Independent means the equipment is by an authorized classification society 143.270 Piping systems and tanks. arranged to perform its required with equivalent experience, to comply 143.275 Bilge pumps or other dewatering function regardless of the state of capability. operation, or failure, of other with paragraphs (a)(1) through (6) of this 143.300 Pressure vessels. section. 143.400 Electrical systems, general. equipment. (8) A towing vessel whose 143.410 Shipboard lighting. construction was contracted for prior to 143.415 Navigation lights. Subpart B—Requirements for All January 18, 2000, may use an existing 143.450 Pilothouse alerter system. Towing Vessels 143.460 Towing machinery. engine room monitoring system (with § 143.200 Applicability. fire-detection capability) instead of a Subpart C—Requirements for New Towing (a) This subpart applies to all towing fire-detection system, if the monitoring Vessels vessels subject to this subchapter. system is operable and complies with 143.500 Applicability. (b) Except as noted paragraph (c) of paragraphs (a)(2) through (7) of this 143.510 Verification of compliance with this section, which lists later section, and uses detectors listed by an design standards. implementation dates for requirements NRTL. 143.515 Towing vessels built to recognized (b) Smoke detection in berthing classification society rules. in §§ 143.450 and 143.460, an existing spaces. Each towing vessel must be 143.520 Towing vessels built to American towing vessel must comply with the equipped with a means to detect smoke Boat and Yacht Council standards. applicable requirements in this part no 143.540 Pumps, pipes, valves, and fittings in the berthing spaces and lounges that later than either July 20, 2018 or the for essential systems. date the vessel obtains a Certificate of alerts individuals in those spaces. This 143.545 Pressure vessels. may be accomplished by an installed Inspection (COI), whichever date is 143.550 Steering systems. earlier. The delayed implementation detection system, or by using individual 143.555 Electrical power sources, battery-operated detectors meeting UL generators, and motors. provisions in this section do not apply 217 (incorporated by reference, see 143.560 Electrical distribution panels and to a new towing vessel. § 136.112 of this subchapter). Detection switchboards. (c) Existing vessels must meet the systems or individual detectors must be 143.565 Electrical overcurrent protection pilothouse alerter and towing other than generators and motors. machinery requirements of §§ 143.450 kept operational at all times when the 143.570 Electrical grounding and ground crew is onboard the towing vessel. and 143.460 no later than 5 years after detection. the issuance of the first COI for the (c) Heat-detection system in galley. 143.575 Electrical conductors, connections, Each new towing vessel equipped with and equipment. vessel. a galley must have a heat-detection 143.580 Alternative electrical installations. § 143.205 General. system with one or more restorable heat- 143.585 General requirements for propulsion, steering, and related controls (a) Machinery and electrical systems sensing detectors to detect fires in the must be designed and maintained to galley. The system must be arranged to on vessels that move tank barges carrying oil or hazardous material in bulk. provide for safe operation of the towing sound an audible alarm at each 143.590 Propulsor redundancy on vessels vessel and safety of persons onboard operating station. This may be a that move tank barges carrying oil or under normal and emergency separate zone in the detection system hazardous material in bulk. conditions. required by paragraph (a) of this section, 143.595 Vessels with one propulsor that (b) The crew of each towing vessel or a separate detection system move tank barges carrying oil or hazardous material in bulk. must demonstrate the ability to operate complying with paragraphs (a)(1) and the primary and auxiliary machinery (2) of this section. 143.600 Alternative standards for vessels that move tank barges carrying oil or and electrical systems for which they PART 143—MACHINERY AND hazardous material in bulk. are responsible, and to do so under ELECTRICAL SYSTEMS AND 143.605 Demonstration of compliance on normal and emergency conditions. This vessels that move tank barges carrying EQUIPMENT includes, but is not limited to, responses oil or hazardous material in bulk. to alarms and restoration of propulsion Sec. Authority: 46 U.S.C. 3103, 3301, 3306, and steering in the event of failure. Subpart A—General 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS (c) Propulsion machinery, including Delegation No. 0170.1. main engines, reduction gears, shafting, 143.100 Purpose. bearings, and electrical equipment and 143.105 Applicability. Subpart A—General 143.115 Definitions. systems, must: § 143.100 Purpose. (1) Be maintained to ensure proper Subpart B—Requirements for All Towing operation; Vessels This part contains requirements for the design, installation, and operation of (2) Be suitable for route and service; 143.200 Applicability. and 143.205 General. primary and auxiliary machinery and electrical systems and equipment on (3) Have suitable propulsion controls 143.210 Alternate design or operational to provide the operator full control at considerations. towing vessels. 143.215 Existing vessels built to class. each operating station. 143.220 Machinery space fire prevention. § 143.105 Applicability. (d) Repairs and minor alterations to 143.225 Control and monitoring This part applies to all towing vessels existing towing vessels must be made in requirements. subject to this subchapter. The specific accordance with this part. New

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installations that are not replacements (c) Flammable and combustible (5) Hydraulic steering fluid pressure, in kind must comply with the products must not be stored in if the vessel is equipped with hydraulic requirements of subpart C of this part, machinery spaces, unless they are steering systems. if applicable. stored in a suitable container that meets the requirements of § 142.225 of this § 143.235 General alarms. § 143.210 Alternate design or operational subchapter. (a) This section does not apply to an considerations. excepted vessel as defined in § 136.110 (a) Machinery or electrical systems of § 143.225 Control and monitoring of this subchapter. a novel design, unusual form, or special requirements. (b) Each towing vessel must be fitted material that cannot be reviewed or (a) Each towing vessel must have a with a general alarm that: approved in accordance with this part, means to monitor and control the (1) Is activated at each operating may be approved by the Commanding amount of thrust, rudder angle, and (if station and can notify persons onboard Officer, Marine Safety Center. It must be applicable) direction of thrust, at each in the event of an emergency; shown by systematic analysis, based on operating station. (2) Is capable of notifying persons in engineering principles, that the (b) Each towing vessel equipped with any accommodation, work space, and machinery or electrical equipment or rudder(s) must have a means to monitor the engine room; system provides an equivalent level of and control the position of the rudder(s) (3) Has installed, in the engine room safety. The owner or managing operator at each operating station. and any other area where background must submit detailed plans, material noise makes a general alarm hard to component specifications, and design § 143.230 Alarms and monitoring. hear, a supplemental flashing red light criteria, including the expected towing (a) Each towing vessel must have a that is identified with a sign that reads: vessel service and operating reliable means to provide notification ‘‘Attention General Alarm—When environment, to the Marine Safety when an emergency condition exists or Alarm Sounds or Flashes Go to Your Center. Examples of novel design an essential system develops problems Station’’; and include use of liquefied natural gas, that require attention. The following (4) A public-address (PA) system or compressed natural gas, or propane fuel alarms must be provided: other means of alerting all persons on for propulsion, and hybrid, fuel cell, or (1) Main engine low lubricating oil the towing vessel may be used in lieu battery propulsion. pressure; of the general alarm in paragraph (b) of (b) Alternate arrangements or (2) Main engine high cooling water this section if the system meets the equipment to comply with this part may temperature; requirements of paragrahs (b)(2) and (3) be approved in accordance with (3) Auxiliary generator engine low of this section. § 136.115 of this subchapter. lubricating oil pressure; § 143.240 Communication requirements. (4) Auxiliary generator engine high § 143.215 Existing vessels built to class. cooling water temperature; (a) This section does not apply to an (a) An existing towing vessel classed (5) High bilge levels; excepted towing vessel as defined in by a recognized classification society, as (6) Low hydraulic steering fluid § 136.110 of this subchapter. appropriate for the intended service and levels, if applicable; and (b) Each towing vessel must be fitted routes, is considered in compliance with a communication system between (7) Low fuel level, if fitted with a day with the machinery and electrical the pilothouse and the engine room that: tank. standards of this subpart. (1) Consists of either fixed or portable (b) Alarms must: (b) An existing vessel built and equipment, such as a sound-powered (1) Be visible and audible at each equipped to conform to a recognized telephone, portable radios, or other operating station. The alarm located at classification society’s rules, reliable method of voice the operating station may be a summary appropriate for the intended service and communication, with a main or reserve alarm; if the alarm at the operating routes, but not currently classed, may be power supply that is independent of the station is a summary alarm, the specific deemed by the Officer in Charge, Marine towing vessel’s electrical system; and alarm condition must be indicated at the Inspection (OCMI), or third-party (2) Provides two-way voice machinery or bilge location; organization (TPO), to be in compliance communication and calling between the with this part, provided that the towing (2) Have a means to test actuation at pilothouse and either the engine room vessel conforms to the class rules. each operating station or have a or a location immediately adjacent to an (c) Existing vessels meeting either continuous self-monitoring alarm exit from the engine room. paragraph (a) or (b) of this section must system which actuates if an alarm point (c) Towing vessels with more than also meet the requirements of fails or becomes disabled; one propulsion unit and independent §§ 143.245 and 143.450. (3) Continue until they are pilothouse control for all engines are not acknowledged; and required to have internal § 143.220 Machinery space fire prevention. (4) Not interfere with night vision at communication systems. (a) All seals and gaskets must be the operating station. (d) When the pilothouse engine properly maintained to prevent leaks of (c) The following systems must be controls and the access to the engine flammable or combustible liquid, as equipped with gauges at the machinery room are within 3 meters (10 feet) of those terms are defined in 46 CFR location: each other and allow unobstructed subpart 30.10, into the machinery space. (1) Main engine lubricating oil visible contact between them, direct (b) Piping and machinery components pressure and main engine RPM; voice communication is acceptable that exceed 220 °C (428 °F), including (2) Main engine cooling water instead of a communication system. fittings, flanges, valves, exhaust temperature; manifolds, and turbochargers, must be (3) Auxiliary generator engine § 143.245 Readiness and testing. insulated. Measures must be in place to lubricating oil pressure and auxiliary (a) Essential systems or equipment prevent flammable or combustible generator engine RPM; must be regularly tested and examined. liquid piping leaks from coming into (4) Auxiliary generator engine cooling Tests and examinations must verify that contact with these components. water temperature; and the system or equipment functions as

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designed. If a component is found Towing Safety Management System of this section. The tests required by this unsatisfactory, it must be repaired or (TSMS) applicable to the vessel, if the section must be recorded in accordance replaced. Test and examination vessel has a TSMS. with part 140 of this subchapter. procedures must be in accordance with (b) Each towing vessel must perform manufacturer’s instructions or the the applicable tests in Table 143.245(b)

TABLE 143.245(b)—REQUIRED TESTS AND FREQUENCY

Tests of: Frequency:

Propulsion controls; ahead and astern at the operating station ...... Before the vessel gets underway, but no more than once in any 24 hour period. Steering controls at the operating station ...... Before the vessel gets underway, but no more than once in any 24 hour period. Pilothouse alerter system ...... Weekly. All alternate steering and propulsion controls ...... At least once every 3 months. Power supply for alarm actuation circuits for alarms required by At least once every 3 months. § 143.230. Communications required by § 143.240 ...... Weekly. General alarm if the vessel is so equipped ...... Weekly. Emergency lighting and power if the vessel is so equipped ...... At least once every 3 months. Charge of storage batteries if the vessel is so equipped, for emergency At least once every 3 months. lighting and power. Alarm setpoints ...... Twice every 5 years, with no more than 3 years elapsing since last test. Pressure vessel relief valves ...... Twice every 5 years, with no more than 3 years elapsing since last test. All other essential systems ...... At least once every 3 months.

§ 143.250 System isolation and markings. § 143.255 Fuel system requirements. the purpose of the valve and the way to Electrical equipment, piping for (a) Fuel systems for towing vessel operate it. flammable or combustible liquid, main engines and generators must have § 143.265 Additional fuel system seawater cooling, or fire-fighting a documented maintenance plan to requirements for towing vessels built after systems must be provided with isolation ensure proper operation of the system. January 18, 2000. devices and markings as follows: (b) A continuous supply of clean fuel (a) Applicability. This section applies (a) Electrical equipment must be must be provided to main propulsion to towing vessels that are not excepted provided with circuit isolation and must engines and generators. vessels, as defined in § 136.110 of this be marked as described in § 143.400. (c) The fuel system must include subchapter, and that were built after filters and/or purifiers. Where filters are (b) Electrical panels or other January 18, 2000. Except for outboard used: enclosures containing more than one engines or portable bilge or fire pumps, source of power must be fitted with a (1) A supply of spare fuel filters must each fuel system must comply with this sign warning persons of this condition be provided onboard; and section. and identifying where to secure all (2) Fuel filters must be replaced in (b) Portable fuel systems. The vessel sources. accordance with manufacturer’s must not incorporate or carry portable requirements or the vessel’s TSMS, if fuel systems, including portable tanks (c) Piping for flammable or applicable. and related fuel lines and accessories, combustible liquid, seawater cooling, or (d) Except as otherwise permitted except when used for outboard engines firefighting systems must be fitted with under § 143.210 or § 143.520, no fuel or portable bilge or fire pumps. The isolation valves that are clearly marked other than diesel fuel may be used. design, construction, and stowage of by labeling or color coding that enables portable tanks and related fuel lines and the crew to identify its function. § 143.260 Fuel shutoff requirements. accessories must comply with the ABYC (d) Any piping system that penetrates (a) This section does not apply to an H–25 (incorporated by reference, see the hull below the waterline must be excepted towing vessel as defined in § 136.112 of this subchapter). fitted with an accessible valve, located § 136.110 of this subchapter. (c) Vent pipes for integral fuel tanks. as close to the hull penetration as is (b) To stop the flow of fuel in the Each integral fuel tank must have a vent practicable, for preventing the event of a fire or break in the fuel line, that connects to the highest point of the accidental admission of water into the a remote fuel shutoff valve must be tank, discharges on a weather deck vessel either through such pipes or in fitted on any fuel line that supplies fuel through a bend of 180 degrees, and is the event of a fracture of such pipe. The directly to a propulsion engine or fitted with a 30-by-30-mesh corrosion- valve must be clearly marked by generator prime mover. resistant flame screen. Vents from two labeling or color coding that enables the (c) The valve must be installed in the or more fuel tanks may combine in a crew to identify its function. fuel piping directly outside of the fuel system that discharges on a weather (e) Color coding required by this oil supply tank. deck. The net cross-sectional area of the section may be met by complying with (d) The valve must be operable from vent pipe for the tank must be not less coding standards contained in the ISO a safe place outside the space where the than 312.3 square millimeters (0.484 14726:2008(E) (incorporated by valve is installed. square inches), for any tank filled by reference, see § 136.112 of this (e) Each remote valve control must be gravity. The cross-sectional area of the subchapter), or in accordance with the marked in clearly legible letters, at least vent pipe, or the sum of the vent areas TSMS applicable to the vessel. 25 millimeters (1 inch) high, indicating when multiple vents are used, must not

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be less than that of the fill pipe cross- Any portable pump must have sufficient (b) Emergency lighting must be sectional area for any tank filled by hose length and pumping capability. All provided for all internal crew working pump pressure. installed bilge piping must have a and living areas. Emergency lighting (d) Fuel piping. Except as permitted in check/foot valve in each bilge suction sources must provide for sufficient paragraphs (d)(1) through (3) of this that prevents unintended backflooding illumination under emergency section, each fuel line must be seamless through bilge piping. conditions to facilitate egress from each and made of steel, annealed copper, space and must be either: nickel-copper, or copper-nickel. Each § 143.300 Pressure vessels. (1) Automatic, battery-operated with a fuel line must have a wall thickness no (a) Pressure vessels over 5 cubic feet duration of no less than 2 hours; or less than 0.9 millimeters (0.035 inches) in volume and over 15 pounds per (2) Non-electric, phosphorescent except for the following: square inch maximum allowable adhesive lighting strips that are (1) Aluminum piping is acceptable on working pressure (MAWP) must be installed along escape routes and an aluminum-hull towing vessel if it is equipped with an indicating pressure sufficiently visible to enable egress with at least Schedule 80 in thickness. gauge (in a readily visible location) and no power. (2) Nonmetallic flexible hose is with one or more spring-loaded relief (c) Each towing vessel must be acceptable if it: valves. The total relieving capacity of equipped with at least two portable, (i) Is used in lengths of not more than such relief valves must prevent pressure battery-powered lights. One must be 0.76 meters (30 inches); from exceeding the MAWP, as located in the pilothouse and the other (ii) Is visible and easily accessible; established by the manufacturer, by at the access to the engine room. (iii) Does not penetrate a watertight more than 10 percent. bulkhead; (b) Pressure vessels must be externally § 143.415 Navigation lights. (iv) Is fabricated with an inner tube examined annually. Relief valves must (a) Towing vessels more than 65 feet and a cover of synthetic rubber or other be tested in accordance with § 143.245. in length must use navigation lights that suitable material reinforced with wire (c) All pressure vessels must have the meet UL 1104 (incorporated by braid; and MAWP indicated by a stamp, reference, see § 136.112 of this (v) Either: nameplate, or other means visible to the subchapter) or other standards accepted (A) If designed for use with crew. by the Coast Guard. compression fittings, is fitted with (d) Pressure vessels installed after July (b) Towing vessels 65 feet or less in suitable, corrosion-resistant, 20, 2016 must meet the requirements of length may meet the requirements listed compression fittings, or fittings § 143.545. in 33 CFR 183.810 or paragraph (a) of compliant with the SAE J1475 Revised § 143.400 Electrical systems, general. this section. JUN96 (incorporated by reference, see (a) Electrical systems and equipment § 143.450 Pilothouse alerter system. § 136.112 of this subchapter); or must function properly and minimize (B) If designed for use with clamps, is (a) Except as provided in paragraph system failures and fire and shock (d) or (e) of this section, a towing vessel installed with two clamps at each end hazards. of the hose. Clamps must not rely on with overnight accommodations and (b) Installed electrical power source(s) alternating watches (shift work), when spring tension and must be installed must be capable of carrying the beyond the bead or flare or over the pulling, pushing or hauling alongside electrical load of the towing vessel one or more barges, must have a system serrations of the mating spud, pipe, or under normal operating conditions. hose fitting. to detect when its master or mate (pilot) (c) Electrical equipment must be becomes incapacitated. The system (3) Nonmetallic flexible hose marked with its respective current and complying with SAE J1942 Revised must: voltage ratings. (1) Have an alarm in the pilothouse APR2007 (incorporated by reference, see (d) Individual circuit breakers on § 136.112 of this subchapter), is also distinct from any other alarm; switchboards and distribution panels (2) Require action from the master or acceptable. must be labeled with a description of (e) Alternative standards. A towing officer in charge of a navigational watch, the loads they serve. during an interval not to exceed 10 vessel of less than 79 feet in length may (e) Electrical connections must be minutes, in order to reset the alarm comply with any of the following suitably installed to prevent them from timer; and standards for fuel systems instead of coming loose through vibration or (3) Immediately (within 30 seconds) those of paragraph (d) in this section: accidental contact. (1) ABYC H–33 (incorporated by (f) Electrical equipment and electrical notify another crewmember if the reference, see § 136.112 of this cables must be suitably protected from pilothouse alarm is not acknowledged. (b) The time interval for the system subchapter); wet and corrosive environments. alarm must be adjustable. The time may (2) Chapter 5 of NFPA 302 (g) Electrical components that pose an be adjusted by the owner or managing (incorporated by reference, see electrical hazard must be in an operator but must not be in excess of 10 § 136.112 of this subchapter); or enclosure. minutes. This time interval, and (3) 33 CFR chapter I, subchapter S (h) Electrical conductors passing information on alerter operation, must (Boating Safety). though watertight bulkheads must be installed so that the bulkhead remains be provided on board and specified in § 143.270 Piping systems and tanks. watertight. the vessel’s TSMS if applicable. Piping and tanks exposed to the (i) The connections of flexible cable (c) The system alarm may be reset outside of the hull must be made of plugs and socket outlets must be physically (e.g. a push button), or the metal and maintained in a leak free designed to prevent unintended reset may be accomplished by a link to condition. separation. other pilothouse action such as rudder or throttle control movement, or motion § 143.275 Bilge pumps or other dewatering § 143.410 Shipboard lighting. detection of personnel. capability. (a) Sufficient lighting suitable for the (d) A towing vessel need not comply There must be an installed or portable marine environment must be provided with this section if a second person is bilge pump for emergency dewatering. within crew working and living areas. provided in the pilothouse.

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(e) Towing vessels 65 feet or less in (ABS), in accordance with the ABS (8) P–4 (2004)—Marine Inboard length are not required to have a Rules for Building and Classing Steel Engines and Transmissions. pilothouse alerter system. Vessels Under 90 Meters (295 Feet) in (b) New towing vessels, 65 feet or less Length, or the ABS Rules for Building in length, built to the ABYC standards § 143.460 Towing machinery. and Classing Steel Vessels for Service (a) Towing machinery such as specified in this section are considered on Rivers and Intracoastal Waterways compliant with subpart B of this part capstans, winches, and other (incorporated by reference, see except for the readiness and testing mechanical devices used to connect the § 136.112 of this subchapter), as requirements of § 143.245. towing vessel to the tow must be appropriate for the intended service and designed and installed to maximize routes, complies with this subpart. (c) If the vessel moves tank barges control of the tow. (b) Except as noted in paragraph (c) of carrying oil or hazardous material in (b) Towing machinery for towing this section, a towing vessel built and bulk, it must meet either the astern must have sufficient safeguards, equipped to conform to the ABS rules requirements described in §§ 143.585 e.g., towing bitt with crossbar, to specified in paragraph (a) of this section through 143.595 or the requirements prevent the machinery from becoming and appropriate for the intended service described in § 143.600. disabled in the event the tow becomes and routes, but not currently classed, out of line. may be deemed by the OCMI or a TPO § 143.540 Pumps, pipes, valves, and (c) Towing machinery used to connect to be in compliance with this subpart if fittings for essential systems. the towing vessel to the tow must be it can be shown that the vessel (a) Pumps, pipes, valves, and fittings suitable for its intended service. It must continues to conform to the ABS rules. in essential systems on vessels must be capable of withstanding exposure to (c) A vessel that complies with this meet ABS Rules for Building and the marine environment, likely subpart as described in paragraph (a) or Classing Steel Vessels Under 90 Meters mechanical damage, static and dynamic (b) must also meet the requirements (295 Feet) in Length (incorporated by loads expected during intended service, described in §§ 143.585 through 143.595 the towing vessel’s horsepower, and reference, see § 136.112 of this or the requirements of § 143.600 if it subchapter), Part 4, Chapter 4. arrangement of the tow. moves tank barges carrying oil or (d) When a winch that has the hazardous material in bulk. (b) Pumps, pipes, valves, and fittings potential for uncontrolled release under (d) Vessels meeting either paragraph in essential systems on towing vessels tension is used, a warning must be in (a) or (b) of this section are considered operating exclusively on rivers or place at the winch controls that as being in compliance with subpart B intracoastal waterways may meet ABS indicates this. When safeguards of this part except for the readiness and Rules for Building and Classing Steel designed to prevent uncontrolled testing requirements of § 143.245, and Vessels for Service on Rivers and release are utilized, they must not be pilothouse alerter requirements of Intracoastal Waterways (incorporated by disabled. § 143.450. reference, see § 136.112 of this (e) Each owner or managing operator (e) Towing vessels built to other subchapter), Part 4, Chapter 3. must develop procedures to routinely recognized classification society rules, § 143.545 Pressure vessels. examine, maintain, and replace appropriate for the intended route and capstans, winches, and other machinery service, may be considered compliant (a) In lieu of meeting the requirements used to connect the towing vessel to the with provisions in this subpart upon of § 143.300, pressure vessels installed tow. approval by the Coast Guard. on new towing vessels must meet the requirements of this section. Subpart C—Requirements for New § 143.520 Towing vessels built to Towing Vessels American Boat and Yacht Council (b) Pressure vessels over 5 cubic feet standards. in volume and more than 15 psi § 143.500 Applicability. (a) Except as noted in paragraphs (b) maximum allowable working pressure (a) This subpart applies to a new and (c) of this section, a new towing must meet ABS Rules for Building and towing vessel, as defined in § 136.110 of vessel 65 feet (19.8 meters) or less in Classing Steel Vessels under 90 Meters this subchapter, unless it is an excepted length built to conform with the (295 Feet) in Length (incorporated by vessel. American Boat and Yacht Council reference, see § 136.112 of this (b) Machinery or electrical systems of (ABYC) standards listed in this subchapter), Part 4, Chapter 1, Section a novel design, unusual form, or special paragraph (a) (incorporated by 1. material must meet section § 143.210. reference, see § 136.112 of this (c) Unless otherwise noted in subchapter), complies with this subpart: § 143.550 Steering systems. §§ 143.515 and 143.520, new towing (1) E–11 (2003)—AC & DC Electrical vessels must also meet the requirements (a) Steering systems must meet ABS Systems on Boats; of subpart B of this part. Rules for Building and Classing Steel (2) H–2 (2002)—Ventilation of Boats Vessels under 90 Meters (295 Feet) in § 143.510 Verification of compliance with Using Gasoline; Length (incorporated by reference, see design standards. (2) H–22 (2005)—Electric Bilge Pump § 136.112 of this subchapter), Part 4, Verification of compliance with the Systems; Chapter 3, Section 3. machinery and electrical design (3) H–24 (2007)—Gasoline Fuel (b) Steering systems on new towing standards in this subpart is obtained by Systems; vessels operating exclusively on rivers following the provisions in §§ 144.135 (4) H–25 (2003)—Portable Gasoline or intracoastal waterways may meet through 144.145 of this subchapter. Fuel Systems; (5) H–32 (2004)—Ventilation of Boats ABS Rules for Building and Classing § 143.515 Towing vessels built to Using Diesel Fuel; Steel Vessels for Service on Rivers and recognized classification society rules. (6) H–33 (2005)—Diesel Fuel Systems; Intracoastal Waterways (incorporated by (a) Except as noted in paragraph (c) of (7) P–1 (2002)—Installation of reference, see § 136.112 of this this section, a towing vessel classed by Exhaust Systems for Propulsion and subchapter), Part 4, Chapter 2, Section the American Bureau of Shipping Auxiliary Engines; and 3.

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§ 143.555 Electrical power sources, generator) may be considered one of the be protected by suitable overcurrent generators, and motors. power sources required by paragraph (a) protection. (a) General requirements. (1) There of this section. (b) Specific requirements. (1) Cable must be a source of electrical power (8) Other than excepted vessels, each and wiring used in power and lighting sufficient for: towing vessel must be arranged so that circuits must have overcurrent (i) All essential systems as defined by the following essential loads can be protection that opens the circuit at the § 136.110 of this subchapter; energized from two independent standard setting closest to 80 percent of (ii) Minimum conditions of sources of electricity: the manufacturer’s listed ampacity. habitability; and (i) High bilge level alarm required by Overcurrent protection setting (iii) Other installed or portable § 143.230; exceptions allowed by NFPA’s National systems and equipment. (ii) Emergency egress lighting, unless Electrical Code (NEC), Article 240 (2) Generators and motors must be the requirements of § 143.410(b)(1) or (incorporated by reference, see suitably rated for the environment (2) are met; § 136.112 of this subchapter) may be where they operate, marked with their (iii) Navigation lights; employed. respective ratings, and suitably (iv) Pilothouse lighting; (2) If the manufacturer’s listed protected against overcurrent. (v) Engine room lighting; ampacity is not known, tables (3) A towing vessel, other than an (vi) Any installed radios and referenced in Article 310.15(B) of the excepted vessel, must have a backup or navigation equipment as required by NEC (incorporated by reference, see a second power source that has §§ 140.715 and 140.725; § 136.112 of this subchapter) must be adequate capacity to supply power to (vii) All distress alerting used, assuming a temperature rating of essential alarms, lighting, radios, communications equipment listed in 75 °C and an assumed temperature of 50 navigation equipment, and any other §§ 140.715 and 140.725; °C for machinery spaces and 40 °C for essential system identified by the (viii) Any installed fire detection other spaces. cognizant OCMI or a TPO. system; and (3) Overcurrent protection devices (b) Specific requirements. (1) The (ix) Any essential system identified by must be installed in a manner that will owner or managing operator must the cognizant OCMI or TPO, if not open the path to ground in a circuit; complete a load analysis that shows that applicable. only ungrounded conductors must be the electrical power source is sufficient (9) If a battery is used as the second protected. Overcurrent protection must to power the sum of connected loads source of electricity required by be coordinated such that an overcurrent described in paragraph (a)(1) of this paragraph (b)(8) of this section, it must situation is cleared by the circuit section utilizing an appropriate load be capable of supplying the loads for at breaker or fuse nearest to the fault. factor for each load. A record of the least three hours. There must be a (4) Each transformer must have analysis must be retained by the owner means to monitor the condition of the protection against overcurrent that or managing operator. battery backup power source. meets Article 450 of the NEC (2) Installed generators and motors (incorporated by reference, see must have a data plate listing rated § 143.560 Electrical distribution panels § 136.112 of this subchapter). kilowatts and power factor (or current), and switchboards. (5) On a towing vessel, other than an voltage, and rated ambient temperature. (a) Each distribution panel or excepted vessel as defined in § 136.110 (3) Generators must be provided with switchboard on a towing vessel must be: of this subchapter, essential systems and overcurrent protection no greater than (1) In a location that is accessible, as non-essential systems must not be on 115 percent of their rated current and dry as practicable, adequately the same circuit or share the same utilize a switchboard or distribution ventilated, and protected from falling overcurrent protective device. panel. debris and dripping or splashing water; (4) Motors must be provided with and § 143.570 Electrical grounding and ground overcurrent protection that meets Parts (2) Totally enclosed and of the dead- detection. I through VII, Article 430 of NFPA’s front type. (a) An ungrounded distribution National Electrical Code (NEC) (b) Each switchboard accessible from system must be provided with a ground (incorporated by reference, see the rear must be constructed to prevent detection system located at the main § 136.112 of this subchapter). Steering a person’s accidental contact with switchboard or distribution panel that motor circuits must be protected as per energized parts. provides continuous indication of Part 4 Chapter 6 Section 2, Regulation (c) Nonconductive mats or grating circuit status to ground, with a 11 (except 11.7) ofABS Rules for must be provided on the deck in front provision to temporarily remove the Building and Classing Steel Vessels of each switchboard and, if it is indicating device from the reference Under 90 Meters (295 feet) in Length accessible from the rear, on the deck ground. (incorporated by reference, see behind the switchboard. (b) A dual voltage or grounded § 136.112 of this subchapter). (d) Each un-insulated current-carrying electrical distribution system must have (5) Generators and motors installed in part must be mounted on the neutral suitably grounded. There machinery spaces must be certified to noncombustible, nonabsorbent, and must be only one connection to ground, operate in an ambient temperature of 50 high-dielectric insulating material. regardless of the number of power °C or be derated, or it can be shown that (e) Equipment mounted on a door of sources. This connection must be at the 40 °C ambient temperature will not be an enclosure must be constructed or main switchboard or distribution panel. exceeded in these spaces. shielded so that a person will not come (c) On a metallic towing vessel, a (6) Each generator and motor, except into accidental contact with energized grounded distribution system must be a submersible-pump motor, must be in parts. grounded to the hull. This grounded an accessible space which is adequately system must be connected to a common, ventilated and as dry as practicable, and § 143.565 Electrical overcurrent protection non-aluminum ground plate. The must be mounted above the bilges. other than generators and motors. ground plate must have only one (7) A generator driven by a main (a) General requirement. Power and connection to the main switchboard or propulsion unit (such as a shaft lighting circuits on towing vessels must distribution panel, and the connection

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must be readily accessible for conductor splice, or extending the (c) There must be a means to stop examination. length of a circuit. each propulsion engine and steering (d) On a nonmetallic towing vessel, (5) Each cable and wire must be motor from each operating station. all electrical equipment must be installed so as to avoid or reduce (d) The means to monitor the amount grounded to a common ground. interference with radio reception and of thrust, rudder angle, and if Multiple ground plates bonded together compass indication. applicable, direction (ahead or astern) of are acceptable. (6) Each cable and wire must be thrust must be independent of the (e) Each grounding conductor of a protected from the weather. controls required by § 143.225. cable must be identified by one of the (7) Each cable and wire must be (e) The propulsion control system following means: supported in order to avoid chafing or required by § 143.225 must be designed (1) Green braid or green insulation; or other damage. so that, in the event of a single failure (2) Stripping the insulation from the (8) Each cable and wire must be of any component of the system, entire exposed length of the grounding protected by metal coverings or other propeller speed and direction of thrust conductor. suitable means, if in areas subject to are maintained or reduced to zero. (f) A towing vessel’s hull may not mechanical abuse. (f) On a towing vessel with an carry current as a conductor, except for (9) Each cable and wire must be integrated steering and propulsion an impressed-current cathodic- suitable for low temperature and high system, such as a Z-drive, the control protection system or a battery system humidity, if installed in refrigerated system required by § 143.225 must be used to start an engine. compartments. designed so that, in the event of a single (g) Cable armor may not be used to (10) Each cable and wire must be failure of any component of the system, ground electrical equipment or systems. located outside a tank, unless it supplies propeller speed and direction of thrust (h) Each receptacle outlet and power to equipment in the tank. are maintained or the propeller speed is attachment plug for a portable lamp, (11) If wire is installed in a tank, it reduced to zero. tool, or similar apparatus operating at must have sheathing or wire insulation (g) An audible and visual alarm must 100 or more volts must have a compatible with the fluid in a tank. actuate at each operating station when: grounding pole and a grounding (b) Extension cords must not be used (1) The propulsion control system conductor in the portable cord. as a permanent connection to a source fails; (i) In a grounded distribution system, of electrical power. (2) A non-follow up steering control only grounded, three-prong appliances (c) Multi-outlet adapters (power system fails, if installed; and may be used. This does not apply to strips) may not be connected to other (3) The ordered rudder angle does not double-insulated appliances or tools adapters (‘‘daisy-chained’’), or otherwise match the actual rudder position on a and appliances of 50 volts or less. used in a manner that could overload follow-up steering control system, if § 143.575 Electrical conductors, the capacity of a receptacle. installed. This alarm must have an connections, and equipment. appropriate delay and error tolerance to § 143.580 Alternative electrical (a) Each cable and wire on a towing installations. eliminate nuisance alarms. (h) Alarms must be separate and vessel must be installed to meet the In lieu of meeting the requirements of following requirements: independent of the control system §§ 143.555 through 143.575, a vessel required by § 143.225. (1) Each conductor must have may meet the following: (i) A means of communication must sufficient current-carrying capacity for (a) ABS Rules for Building and be provided between each operating the circuit in which it is used. Classing Steel Vessels Under 90 Meters station and any crewmember(s) required (2) Cable hangers for overhead and (295 Feet) in Length (incorporated by to respond to alarms. vertical cable runs must be installed reference, see § 136.112 of this (j) The two sources of electricity with metal supports and retention subchapter), Part 4, Chapter 6; or required by § 143.555(a)(3) and (b)(8) devices at least every 48 inches. (b) ABS Rules for Building and (3) Each wire and cable run must be must be capable of powering electrical Classing Steel Vessels for Service on installed in a manner to prevent contact loads needed to maintain propulsion, Rivers and Intracoastal Waterways with personnel, mechanical hazards, steering, and related controls for not less (incorporated by reference, see and leaking fluids. Wire and cable runs than 3 hours. § 136.112 of this subchapter), Part 4, must not be installed in bilges, across a (k) The second source of supply Chapter 5, if they operate exclusively on normal walking path, or less than 24 required by § 143.555(a)(3) must rivers or intracoastal waterways. inches from the path of movable automatically start to help restore or machinery (e.g., cranes, elevators, § 143.585 General requirements for maintain power to propulsion, steering, forktrucks, etc., where the machinery propulsion, steering, and related controls and related controls when the main location can change) unless adequately on vessels that move tank barges carrying power source fails. protected. oil or hazardous material in bulk. (l) Propulsion, steering, or related (4) Connections and terminations (a) There must be an alternate means controls that are directly reliant on must be suitable for the installed to control the propulsion and steering stored energy, such as compressed air, conductors, and must retain the original system which must: battery power, or hydraulic pressure, electrical, mechanical, flame-retarding, (1) Be independent of the primary must have two independent stored and where necessary, fire-resisting control required by § 143.225; energy systems, such as compressed air properties of the conductor. If twist-on (2) Be located at or near the cylinders, battery banks, or hydraulic types of connectors are used, the propulsion and steering equipment; and cylinders, that are capable of connections must be made within an (3) Be readily accessible and suitable maintaining the vessel’s propulsion, enclosure and the insulated cap of the for prolonged operation. steering, and related controls. connector must be secured to prevent (b) There must be a means to (m) After a power failure, electrical loosening due to vibration. Twist-on communicate between each operating motors used to maintain propulsion and type of connectors may not be used for station and the alternate propulsion and steering must automatically restart making joints in cables, facilitating a steering controls. when power is restored, unless remote

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control starting is provided at the the tests must be retained by the owner 144.720 Crew rest consideration. operating station. or managing operator and be available Subpart H—Rails and Guards upon request of the cognizant OCMI or § 143.590 Propulsor redundancy on TPO. 144.800 Handrails and bulwarks. vessels that move tank barges carrying oil 144.810 Storm rails. or hazardous material in bulk. PART 144—CONSTRUCTION AND 144.820 Guards in dangerous places. (a) A towing vessel must be provided ARRANGEMENT 144.830 Protection against hot piping. with at least two independent Subpart I—Visibility Sec. propulsors unless the requirements of 144.905 Operating station visibility. § 143.595 are met. Subpart A—General 144.920 Window or portlight strength in a (b) There must be independent 144.100 Purpose. new vessel. controls for each propulsor at each 144.105 Applicability and delayed Authority: 46 U.S.C. 3103, 3301, 3306, operating station. implementation. 3308, 3316, 8104, 8904; 33 CFR 1.05; DHS (c) In the event of a failure of a single 144.120 A classed vessel. propulsor, the remaining propulsor(s) 144.125 A vessel with a load line. Delegation No. 0170.1. 144.130 A vessel built to the International must have sufficient power to maneuver Subpart A—General the vessel to a safe location. Convention for the Safety of Life at Sea, 1974, as amended, requirements. § 144.100 Purpose. § 143.595 Vessels with one propulsor that 144.135 Verification of compliance with move tank barges carrying oil or hazardous design standards. This part details the requirements for material in bulk. 144.140 Qualifications. design, construction and arrangement, (a) A towing vessel must have 144.145 Procedures for verification of and verification of compliance with this compliance with design standards. independent, duplicate vital auxiliaries. 144.155 Verification of compliance with part, including document review. For the purpose of this section, vital design standards for a sister vessel. auxiliaries are the equipment necessary § 144.105 Applicability and delayed 144.160 Marking. implementation. to operate the propulsion engine, and Subpart B—Structure include fuel pumps, lubricating oil This part applies to each towing pumps, and cooling water pumps. In the 144.200 Structural standards for an existing vessel subject to this subchapter. Note event of a failure or malfunction of any vessel. that §§ 144.200 and 144.300 only apply 144.205 Structural standards for a new single vital auxiliary, the propulsion vessel. to an existing vessel and that the engine must continue to provide 144.215 Special consideration. following sections only apply to a new propulsion adequate to maintain control vessel: §§ 144.205, 144.305, 144.310, of the tow. Subpart C—Stability and Watertight 144.405, 144.410, 144.420, 144.425, (b) In the event of a failure, the Integrity 144.430, 144.910, and 144.920. corresponding independent duplicate 144.300 Stability standards for an existing vessel. (a) An existing towing vessel must vital auxiliary, described in paragraph comply with § 144.320 starting July 20, (a) of this section, must be fully capable 144.305 Stability standards for a new vessel. 2016 and it must comply with the other of assuming the operation of the failed 144.310 Lifting requirements for a new applicable requirements in this part no unit. vessel. later than either July 20, 2018 or the 144.315 Weight and moment history § 143.600 Alternative standards for date the vessel obtains a Certificate of requirements for a vessel with approved vessels that move tank barges carrying oil Inspection (COI), whichever date is lightweight characteristics. or hazardous material in bulk. earlier. 144.320 Watertight or weathertight In lieu of meeting §§ 143.585 through integrity. (b) The delayed implementation 143.595, a towing vessel may comply 144.330 Review of a vessel’s watertight and provisions in paragraph (a) of this with Sections 7–5 (class ABCU) and 3– weathertight integrity. section do not apply to a new towing 5 (class R2) of Part 4 of the ABS Rules Subpart D—Fire Protection vessel. for Building and Classing Steel Vessels 144.400 Applicability. (c) Alterations or modifications made Under 90 Meters (295 Feet) in Length 144.405 Fire hazards to be minimized. to the structure or arrangements of an (incorporated by reference, see 144.410 Separation of machinery and fuel existing vessel that are a major § 136.112 of this subchapter), except tank spaces from accommodation spaces. conversion, made on or after the July 20, that a vessel that operates exclusively 144.415 Combustibles insulated from 2016, must comply with the regulations heated surfaces. on rivers or intracoastal waterways does applied to a new towing vessel of this not need to comply with 4–7–4/3.9 and 144.425 Waste receptacles. 144.430 Mattresses. part insofar as is reasonable and the automatic day tank fill pump practicable. Repairs conducted on an requirement of 4–7–4/25.3. Subpart E—Emergency Escape existing vessel, resulting in no § 143.605 Demonstration of compliance on 144.500 Means of escape. significant changes to the original vessels that move tank barges carrying oil 144.505 Location of escapes. structure or arrangement of the vessel, or hazardous material in bulk. 144.510 Window as a means of escape. must comply with the standards 144.515 One means of escape required. (a) The owner or managing operator of applicable to the vessel at the time of each towing vessel must devise test Subpart F—Ventilation construction or, as an alternative, with procedures that demonstrate 144.600 Ventilation for accommodations. the regulations in this part. 144.605 Means to stop fans and close compliance with the design and § 144.120 A classed vessel. engineering requirements prescribed in openings. this subpart. 144.610 Ventilation in a vessel more than A vessel currently classed by a 65 feet in length. (b) The tests required in paragraph (a) recognized classification society is of this section must be satisfactorily Subpart G—Crew Spaces deemed to be in compliance with the conducted and witnessed by the 144.700 General requirements. requirements of subparts B and C of this cognizant OCMI or a TPO. A record of 144.710 Overnight accommodations. part.

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§ 144.125 A vessel with a load line. § 144.130 A vessel built to the § 144.135 Verification of compliance with International Convention for the Safety of design standards. A vessel with a valid load line Life at Sea, 1974, as amended, certificate issued in accordance with requirements. Verification of compliance with the subchapter E of this chapter may be A vessel built to the International construction and arrangement design deemed in compliance with the Convention for the Safety of Life at Sea, standards of this part must be performed requirements of subparts B and C of this 1974, as amended, is considered to be according to the following table: part. in compliance with this part.

TABLE 144.135—VERIFICATION OF COMPLIANCE WITH DESIGN STANDARDS

If the vessel is— Then the applicable requirements must be met—

(a) A new vessel, ...... Before the COI is issued. (b) A vessel to undergo a major conversion or alteration to the hull, Before the major conversion or alteration is performed. machinery, or equipment that may affect the vessel’s safety, (c) A vessel on which a new installation that is not a ‘‘replacement in Before the new installation is performed. kind’’ is to be made after July 20, 2016,

§ 144.140 Qualifications. conduct a verification of compliance Use the following table to determine with design standards required by the individual or entity that may § 144.135.

TABLE 144.140

Verification of compliance with design standards may be performed by— Provided that—

(a) A registered professional engineer (P.E.) licensed by one of the The PE ensures he or she does not exceed the scope of his or her states of the United States or the District of Columbia; P.E. license. (b) An authorized classification society that has been delegated the au- The authorized classification society ensures that the employees that thority to issue the SOLAS Cargo Ship Safety Construction Certifi- perform the verification of compliance holds proper qualifications for cate under 46 CFR 8.320; the type of verification performed. (c) The Coast Guard ......

§ 144.145 Procedures for verification of entity performing the verification of (i) Propulsion and propulsion control, compliance with design standards. compliance, or otherwise indicate that including shaft details; (a) Verification of compliance with they have been reviewed and (ii) Steering and steering control, design standards, when required by determined to meet the applicable including rudder details; § 144.135, must be performed by an standards by an individual or entity (iii) Ventilation diagrams; individual or entity who meets the who meets the requirements of (iv) Fuel transfer and service system, requirements of § 144.140. § 144.140. including tanks; (b) Verification of compliance with (d) A copy of the verified plan must (v) Piping systems including: bilge, design standards must be based on be provided to the cognizant Officer in ballast, hydraulic, combustible and objective evidence of compliance with Charge, Marine Inspection (OCMI) and flammable liquids, vents, and overflows; the applicable requirements and the third-party organization (TPO) and include: conducting the surveys, if applicable, (vi) Hull penetrations and shell (1) A description of the vessel’s except as provided in paragraph (e) of connections; intended service and route; this section. (7) Electrical installation including, (2) The standards used for the vessel’s (e) Plans verified by an authorized but not limited to: design and construction; classification society need only be (i) Elementary one-line diagram of the (3) Deviations from the standards provided to the Coast Guard upon power system; used, if any; request. (ii) Cable lists; (4) A statement that the vessel is (f) If the vessel is a new vessel, a copy (iii) Type and size of generators and suitable for the intended service and of the verified plan must be available at prime movers; route; and the construction site. (iv) Type and size of generator cables, (g) As referred to in this section, the (5) The identification of the bus-tie cables, feeders, and branch term plan may include, but is not individual or entity in Table 144.140 of circuit cables; limited to drawings, documents, or § 144.140 who conducted the (v) Power and lighting panelboards diagrams of the following: verification of compliance. (1) Outboard profile. with number of circuits and rating of (c) Verification of compliance with (2) Inboard profile. energy consuming devices; design standards must include review (3) Arrangement of decks. (vi) Capacity of storage batteries; and analyses of sufficient plans, (4) Midship section and scantling (vii) Rating of circuit breakers and drawings, schematics, calculations, and plans. switches, interrupting capacity of circuit other documents to ensure the vessel (5) Survival craft embarkation breakers, and rating and setting of complies with the standards used. The stations. overcurrent devices; and plans must be stamped with the seal (6) Machinery installation, including, (viii) Electrical plant load analysis as authorized for use by the individual or but not limited to: required by § 143.555 of this subchapter.

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(8) Lifesaving equipment locations including size and location on vessel, have not changed since the original and installation; and other stability documents needed to verification of compliance; (9) Fire protection equipment show compliance; and (4) The sister vessel is built to the installation including, but not limited (11) Towing arrangements. same verified plans, drawings, to: (i) Fire main system plans and § 144.155 Verification of compliance with schematics, calculations, and other calculations; design standards for a sister vessel. documents and equipped with (ii) Fixed gas fire extinguishing (a) Verification of compliance machinery of the same make and model system plans and calculations; required by § 144.135 is not required for as the original vessel, and has not been (iii) Fire detecting system and smoke a sister vessel, provided that: subsequently modified; detecting system plans; (1) The original vessel has been (5) The sister vessel is built in the (iv) Sprinkler system diagram and verified as complying with this part; same shipyard facility as the original calculations; and (2) The owner authorizes the use of vessel; and (v) Portable fire extinguisher types, the plans for the original vessels for the sizes, and locations; new construction of the sister vessel; (6) For a sister vessel subject to a (10) Lines and offsets, curves of form, (3) The standards used in the design stability standard, that the conditions in cross curves of stability, tank capacities and construction of the original vessel Table 144.155 of this section are met:

TABLE 144.155

If— Then—

(i) The delivery date of the sister vessel is not more than 2 years after The approved lightweight characteristics of that earlier vessel are a previous stability test date of either the original vessel or an earlier adopted by the sister vessel; sister vessel, (ii) Paragraph (a)(6)(i) of this section does not apply, and the light- The vertical center of gravity (VCG) of the earlier vessel is adopted by weight characteristics determined from a deadweight survey of the the sister vessel and used with the lightweight displacement and sister vessel are shown to meet both the following criteria: LCG determined from the deadweight survey of the sister vessel; (A) the lightweight displacement differs by not more than 3 percent of the earlier vessel’s lightweight displacement, and (B) the longitudinal center of gravity (LCG) differs by not more than 1 percent of the length between perpendiculars (LBP) of the earlier vessel’s LCG, (iii) Neither paragraph (a)(6)(i) nor (ii) of this section apply because The vessel must undergo a stability test in accordance with 46 CFR both the criteria in paragraphs (a)(6)(ii)(A) and (B) of this section are part 170, subpart F; not met and lightweight characteristics were determined from a sta- bility test on either the original vessel or a sister vessel, (iv) No vessel of the class of sister vessels previously underwent a sta- One vessel of the class must undergo a stability test in accordance bility test, with 46 CFR part 170, subpart F, and each sister vessel to which a stability standard applies must meet either paragraph (a)(6)(ii) or (iii) of this section.

(b) A statement that verifies sister embossed as required by subchapter E of (a) The vessel is built, equipped, and vessel status for each element of this chapter. maintained to conform to the rules of a paragraph (a) of this section from an (e) Each watertight door and recognized classification society individual or entity meeting the watertight hatch must be marked on appropriate for the intended service and requirements of § 144.140 must be both sides in clearly legible letters at routes, but not classed; or retained and produced upon request. least 25 millimeters (1 inch) high: (b) The vessel has been both in ‘‘WATERTIGHT DOOR—KEEP § 144.160 Marking. satisfactory service insofar as structural CLOSED’’ or ‘‘WATERTIGHT HATCH— adequacy is concerned and does not (a) The hull of each documented KEEP CLOSED’’. cause the structure of the vessel to be vessel must be marked as required by (f) Each escape hatch and emergency part 67 of this chapter. exit used as means of escape must be questioned by either the OCMI, or TPO engaged to perform an audit or survey. (b) The hull of each undocumented marked on both sides in clearly legible vessel must be marked with its name letters at least 50 millimeters (2 inches) § 144.205 Structural standards for a new and hailing port. high: ‘‘EMERGENCY EXIT, KEEP vessel. CLEAR’’. (c) A vessel complying with either (a) Except as provided in paragraphs § 144.300(a) or § 144.305 must have Subpart B—Structure (b) and (c) of this section, a new vessels draft marks that meet the requirements must comply with the standards of § 97.40–10 of this chapter. § 144.200 Structural standards for an existing vessel. established by the American Bureau of (d) Each vessel assigned a load line Shipping (ABS) as provided in the must have the load line marks and the An existing vessel may be deemed by following table. deck line permanently scribed or the OCMI, or TPO, to be in compliance with this subpart provided that either:

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TABLE 144.205(a)—STRUCTURAL STANDARDS FOR A NEW VESSEL

For a new vessel to be certificated for service on— ABS Rules for Building and Classing—

(1) Lakes, bays, and sounds, limited coastwise, coastwise, and oceans Steel Vessels Under 90 Meters (295 Feet) in Length (incorporated by routes; reference, see § 136.112 of this subchapter) apply; or (2) Rivers or intracoastal waterways routes ...... Steel Vessels for Service on Rivers and Intracoastal Waterways (incor- porated by reference, see § 136.112 of this subchapter) apply.

(b) Alternate design standards to (b) Operating exclusively within a stability of the vessel to be questioned comply with this subpart may be limited geographic area; or by either the Coast Guard or a TPO approved in accordance with § 136.115 (c) Of an unusual design not engaged to perform an audit or survey. of this subchapter. contemplated by the rules of the (2) The vessel performs successfully (c) The current standards of a American Bureau of Shipping or other on operational tests to determine recognized classification society, other recognized classification society. whether the vessel has adequate than ABS, may be used provided they stability and handling characteristics. are accepted by the Coast Guard as Subpart C—Stability and Watertight (3) The vessel has a satisfactory providing an equivalent level of safety. Integrity stability assessment by means of giving (d) The structural standard selected § 144.300 Stability standards for an due consideration to each item that must be applied throughout the vessel existing vessel. impacts a vessel’s stability including design, construction, characteristics which include, but are installation, maintenance, alteration, (a) The owner or managing operator of not limited to, the form, arrangement, and repair. Deviations are subject to an existing vessel operating under a construction, number of decks, route, approval by the Commanding Officer, stability document must be able to and operating restrictions of the vessel. Marine Safety Center. readily produce a copy of such document. § 144.305 Stability standards for a new § 144.215 Special consideration. (b) The owner or managing operator of vessel. The cognizant OCMI may give special an existing vessel not operating under a Each new vessel must meet the consideration to the structural stability document must be able to show applicable stability requirements of part requirements for a vessel if that vessel at least one of the following: 170 and, if applicable, of part 173, is: (1) The vessel’s operation or a history subpart E, of this chapter in addition to (a) Not greater than 65 feet in length; of satisfactory service does not cause the the requirements in the following table:

TABLE 144.305—STABILITY STANDARDS FOR A NEW VESSEL

Each new vessel certificated to operate on— Must meet the requirements of—

(a) Protected waters ...... § 170.173(e)(2) of this chapter. (b) Partially protected waters ...... §§ 170.170 and 170.173(e)(1) of this chapter. (c) Exposed waters or that is assigned a load line ...... §§ 170.170 and 174.145 of this chapter.

§ 144.310 Lifting requirements for a new Gravity (LCG) and Vertical Center of (b) When the aggregate weight change vessel. Gravity (VCG)) must be maintained. All is more than 2 percent of the vessel’s Each new vessel equipped for lifting weight modifications to the vessel approved lightweight displacement, or must meet the requirements of part 173, (additions, removals, and relocations) the recalculated change in the vessel’s subpart B, of this chapter. including a calculation of the aggregate lightweight LCG is more than 1 percent weight change (absolute total of all of the LBP, a deadweight survey must be § 144.315 Weight and moment history additions, removals, and relocations) performed to determine the vessel’s requirements for a vessel with approved must be recorded in the history, along current lightweight displacement and lightweight characteristics. with a description of the change(s), LCG. Use the following table to (a) A weight and moment history of when and where accomplished, moment determine when the deadweight survey changes to the vessel since approval of arms, etc. After each modification, the results or the vessel’s aggregate weight its lightweight characteristics lightweight characteristics must be change requires the vessel to undergo a (displacement, Longitudinal Center of recalculated. specified stability test:

TABLE 144.315

If— Then—

(1) The deadweight survey results are both within 1 percent of the re- the recalculated lightweight VCG can be accepted as accurate; calculated lightweight displacement and within 1 percent LBP of the recalculated lightweight LCG, (2) The deadweight survey results do not meet the criteria of paragraph the vessel must undergo a stability test in accordance with 46 CFR (b)(1) of this section, 170, subpart F; (3) The aggregate weight change is more than 10 percent of the ves- the vessel must undergo a stability test in accordance with 46 CFR sel’s approved lightweight displacement, 170, subpart F.

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§ 144.320 Watertight or weathertight § 144.430 Mattresses. § 144.605 Means to stop fans and close integrity. openings. Each mattress must comply with (a) Each vessel fitted with installed either: Means must be provided for stopping bulwarks around the exterior of the (a) The Consumer Product Safety each fan in a ventilation system serving main deck must have sufficient freeing Commission Standard for Mattress machinery spaces and for closing, in ports or scuppers or a combination of case of fire, each doorway, ventilator, freeing ports and scuppers to allow Flammability (FF 4–72, Amended), 16 CFR part 1632, subpart A, and not and annular space around funnels and water to run off the deck quickly other openings into such spaces. without adversely affecting the stability contain polyurethane foam; or of the vessel. (b) IMO Resolution A.688(17) § 144.610 Ventilation in a vessel more than (b) Closure devices must be provided (incorporated by reference, see 65 feet in length. § 136.112 of this subchapter) in which for deckhouse or hull penetrations, A vessel of more than 65 feet (19.8 case the mattress may contain which open to the exterior of the vessel meters) in length with overnight polyurethane foam. and which may allow water to enter the accommodations must have a vessel. These devices must be suitable Subpart E—Emergency Escape mechanical ventilation system unless a for the expected route. natural system, such as opening § 144.330 Review of a vessel’s watertight § 144.500 Means of escape. windows, portholes, or doors, will and weathertight integrity. Where practicable and except as provide adequate ventilation in ordinary The cognizant OCMI may require provided in § 144.515, each space where weather. review of a vessel’s watertight and crew may be quartered or normally Subpart G—Crew Spaces weathertight integrity. This review may employed must have at least two means be performed by an individual who of escape. Arrangements on an existing § 144.700 General requirements. meets the requirements of § 144.140. vessel may be retained if it is The review may include an examination impracticable or unreasonable to (a) A crew accommodation space and of a plan that shows the original provide two means of escape. a work space must be of sufficient size, placement of decks and bulkheads. adequate construction, and with § 144.505 Location of escapes. suitable equipment to provide for the Subpart D—Fire Protection The two required means of escape safe operation of the vessel and the must be widely separated and, if protection and accommodation of the § 144.400 Applicability. crew in a manner practicable for the Except for § 144.415, which applies to possible, at opposite ends or sides of the space. Means may include normal and size, facilities, service, route, and modes each new and existing vessel, this of operation of the vessel. subpart applies to each new towing emergency exits, passageways, (b) The deck above a crew vessel. stairways, ladders, deck scuttles, doors, and windows. accommodation space must be located § 144.405 Fire hazards to be minimized. above the deepest load waterline. § 144.510 Window as a means of escape. Each vessel must be designed and § 144.710 Overnight accommodations. constructed to minimize fire hazards On a vessel of 65 feet (19.8 meters) or insofar as reasonable and practicable. less in length, a window or windshield Overnight accommodations must be of sufficient size and proper provided for crewmembers if it is § 144.410 Separation of machinery and accessibility may be used as one of the operated more than 12 hours in a 24- fuel tank spaces from accommodation hour period, unless the crew is put spaces. required means of escape from an enclosed space, provided it: ashore and the vessel is provided with Machinery and fuel tank spaces must a new crew. be separated from accommodation (a) Does not lead directly overboard; spaces by bulkheads. Doors may be (b) Is suitably marked; and § 144.720 Crew rest consideration. installed provided they are the self- (c) Has a means to open the window The condition of the crew closing type. or break the glass. accommodations must consider the § 144.415 Combustibles insulated from § 144.515 One means of escape required. importance of crew rest. Factors to heated surfaces. consider include vibrations, ambient Only one means of escape is required light, noise levels, and general comfort. Internal combustion engine exhaust from a space where: ducts, galley exhaust ducts and similar Every effort must be made to ensure that (a) The space has a deck area less than ignition sources must be insulated with quarters help provide a suitable 30 square meters (322 square feet); noncombustible insulation if less than environment for sleep and off-duty rest. (b) There is no stove, heater, or other 450 mm (18 inches) away from Subpart H—Rails and Guards combustible material. Installations in source of fire in the space; accordance with ABYC P–1 or NFPA (c) The means of escape is located as § 144.800 Handrails and bulwarks. 302 (incorporated by reference, see far as possible from a machinery space (a) Rails or equivalent protection must § 136.112 of this subchapter) will be or fuel tank; and be installed near the periphery of all considered as meeting the requirements (d) If an accommodation space, the decks accessible to crew. Equivalent of this section. single means of escape does not include a deck scuttle or a ladder. protection may include lifelines, wire § 144.425 Waste receptacles. rope, chains, and bulwarks that provide Unless other means are provided to Subpart F—Ventilation strength and support equivalent to fixed ensure that a potential waste receptacle rails. fire would be limited to the receptacle, § 144.600 Ventilation for accommodations. (b) In areas where space limitations waste receptacles must be constructed Each accommodation space on a make deck rails impractical, such as at of noncombustible materials with no vessel must be ventilated in a manner narrow catwalks in way of deckhouse openings in the sides or bottom. suitable for the purpose of the space. sides, hand grabs may be substituted.

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§ 144.810 Storm rails. (b) Means must be provided to ensure (b) Any covering or protection placed On a vessel in oceans or coastwise that windows immediately forward of over a window or porthole that could be service, suitable storm rails or hand the operating station in the pilothouse used as a means of escape must be able grabs must be installed in all allow for adequate visibility to ensure to be readily removed or opened from passageways and at the deckhouse sides safe navigation regardless of weather within the space. where persons onboard might have conditions. This may include (c) Glass and other glazing materials normal access. mechanical means such as windshield used in windows of a new towing vessel wipers, defoggers, clear-view screens, or must be materials that will not break § 144.820 Guards in dangerous places. other such means, taking into into dangerous fragments if fractured. An exposed hazard such as gears and consideration the intended route of the rotating machinery, must be protected vessel. PART 199—LIFESAVING SYSTEMS (c) The field of vision from the by a cover, guard or rail. This is not FOR CERTAIN INSPECTED VESSELS operating station on a new vessel must meant to restrict access to towing extend over an arc from dead ahead to ■ 14. The authority citation for part 199 equipment such as winches, drums, at least 60 degrees on either side of the continues to read as follows: towing gear or steering compartment vessel. Authority: 46 U.S.C. 3306, 3703; Pub. L. equipment necessary for the operation (d) If a new vessel is towing astern, of the vessel. 103–206, 107 Stat. 2439; Department of the operating station must be provided Homeland Security Delegation No. 0170.1. § 144.830 Protection against hot piping. with a view aft. (e) In a new vessel, glass or other ■ 15. In § 199.01, redesignate Each exhaust pipe from an internal glazing material used in windows at the paragraphs (a)(3) and (4) as paragraphs combustion engine which is within operating station must have a light (a)(4) and (5), respectively, and add new reach of personnel must be insulated or transmission of not less than 70 percent paragraph (a)(3) to read as follows: otherwise guarded to prevent burns. On according to Test 2 of ANSI/SAE Z § 199.01 Purpose. a new vessel, each pipe that contains 26.1–1996 (incorporated by reference, vapor, gas, or liquid that has a see § 136.112 of this subchapter) and (a) * * * temperature exceeding 150 °F (65.5 °C) must comply with Test 15 of ANSI/SAE (3) Towing vessels, which are covered which is within reach of personnel must Z 26.1–1996 for Class I Optical by subchapter M of this chapter; be insulated where necessary or Deviation. * * * * * otherwise guarded to prevent injury. § 144.920 Window or portlight strength in ■ 16. Amend § 199.10 as follows: Subpart I—Visibility a new vessel. ■ a. Revise Table 199.10(a); and (a) Each window or portlight, and its ■ b. In paragraph (b) after the words § 144.905 Operating station visibility. means of attachment to the hull or the ‘‘small passenger vessels;’’ add the (a) Windows and other openings at deckhouse, must be capable of words ‘‘towing vessels;’’. the operating station must be of withstanding the maximum expected The revision reads as follows: sufficient size and properly located to load from wind and waves, due to its provide a clear field of vision for safe location on the vessel and the vessel’s § 199.10 Applicability. operation in any condition. authorized route. (a) * * *

TABLE 199.10(a)—LIFESAVING REQUIREMENTS FOR INSPECTED VESSELS

1 46 CFR Vessel Vessel Subchapter W subparts applicable Row Other 2 subchapter type service A B C D E F

1 ...... D ...... Tank ≥500 tons ...... International voy- X X ...... X ...... age 3. 2 ...... D ...... Tank <500 tons ...... International voy- X X ...... X X X age 3. 3 ...... D ...... Tank ...... All other services ... X X ...... X X X 4 ...... H ...... Passenger ...... International voy- X X X ...... age 3. 5 ...... H ...... Passenger ...... Short Inter’l voy- X X X ...... age 3. 6 ...... H ...... Passenger ...... All other services ... X X X ...... X X 7 ...... I ...... Cargo ≥500 tons .... International voy- X X ...... X ...... age 3. 8 ...... I ...... Cargo <500 tons .... International voy- X X ...... X X X age 3. 9 ...... I ...... Cargo ...... All other services ... X X ...... X X X 10 ...... I–A ...... MODU ...... All ...... 46 CFR part 108. 11 ...... K ...... Small Passenger .... International voy- X X X ...... age 3. 12 ...... K ...... Small Passenger .... Short Inter’l voy- X X X ...... age 3. 13 ...... K ...... Small Passenger .... All other services ...... 46 CFR part 117. 14 ...... L ...... Offshore Supply ..... All ...... 46 CFR part 133. 15 ...... M ...... Towing Vessels ...... International voy- X X ...... X ...... age 3. 16 ...... M ...... Towing Vessels ...... All other ...... 46 CFR part 141.

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TABLE 199.10(a)—LIFESAVING REQUIREMENTS FOR INSPECTED VESSELS—Continued

1 46 CFR Vessel Vessel Subchapter W subparts applicable Row Other 2 subchapter type service A B C D E F

17 ...... R—Part 167 ...... Public Nautical International voy- X X X 4 X5 ...... School. age 3. 18 ...... R—Part 167 ...... Public Nautical All other services ... X X X 4 X5 X X School. 19 ...... R—Part 168 ...... Civilian Nautical International voy- X X X 4 X5 ...... School. age 3. 20 ...... R—Part 168 ...... Civilian Nautical All other services ... X X X 4 X5 X X School. 21 ...... R—Part 169 ...... Sailing School ...... All services ...... 46 CFR 169.500. 22 ...... T ...... Small Passenger .... International voy- X X X ...... age 3. 23 ...... T ...... Small Passenger .... Short Int’l voyage 3 X X X ...... 24 ...... T ...... Small Passenger .... All other services ...... 46 CFR part 180. 25 ...... U ...... Oceanographic Res International voy- X X X 4 X5 ...... age 3. 26 ...... U ...... Oceanographic Res All other services ... X X X 4 X5 X X Notes: 1 Subchapter W of this chapter does not apply to inspected nonself-propelled vessels without accommodations or work stations on board. 2 Indicates section where primary lifesaving system requirements are located. Other regulations may also apply. 3 Not including vessels solely navigating the Great Lakes of North America and the Saint Lawrence River as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side Anticosti Island, the 63rd meridian. 4 Applies to vessels carrying more than 50 special personnel, or vessels carrying not more than 50 special personnel if the vessels meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size. 5 Applies to vessels carrying not more than 50 special personnel that do not meet the structural fire protection requirements in subchapter H of this chapter for passenger vessels of the same size.

* * * * * Dated: May 25, 2016. Paul F. Zukunft, Admiral, U.S. Coast Guard, Commandant. [FR Doc. 2016–12857 Filed 6–10–16; 4:15 pm] BILLING CODE 9110–04–P

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Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 38338 3 CFR Presidential Documents 430 ...... 35242, 36992, 38338 Executive orders and proclamations 741–6000 Proclamations: Proposed Rules: The United States Government Manual 741–6000 9454...... 34859 73...... 34916 9455...... 36127 Other Services 429...... 38398 9456...... 36129 430...... 38398 Electronic and on-line services (voice) 741–6020 9457...... 36131 460...... 39756 Privacy Act Compilation 741–6064 9458...... 36133 850...... 36704, 38610 Public Laws Update Service (numbers, dates, etc.) 741–6043 9459...... 36135 9460...... 39172 11 CFR 9461...... 39539 ELECTRONIC RESEARCH 4...... 34861 9462...... 39867 100...... 34861 World Wide Web Administrative Orders: 104...... 34861 Memorandums: 106...... 34861 Full text of the daily Federal Register, CFR and other publications Memorandum of May 109...... 34861 is located at: www.fdsys.gov. 18, 2016 ...... 37479 110...... 34861 Federal Register information and research tools, including Public Memorandum of May 113...... 34861 Inspection List, indexes, and Code of Federal Regulations are 24, 2016 ...... 35579 114...... 34861 located at: www.ofr.gov. Presidential 9004...... 34861 Determinations: 9034...... 34861 E-mail No. 2016-06 of May 19, 2016 ...... 37481 12 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is No. 2016-07 of June 1, 1083...... 38569 an open e-mail service that provides subscribers with a digital 2016 ...... 37483 Proposed Rules: form of the Federal Register Table of Contents. The digital form Notices: of the Federal Register Table of Contents includes HTML and 42...... 37670 Notice of June 10, PDF links to the full text of each document. 50...... 35124 2016 ...... 38879 Ch. II ...... 38631 To join or leave, go to http://listserv.access.gpo.gov and select 236...... 37670 Online mailing list archives, FEDREGTOC-L, Join or leave the list 5 CFR 249...... 35124 (or change settings); then follow the instructions. Proposed Rules: 252...... 38610 PENS (Public Law Electronic Notification Service) is an e-mail 630...... 36186 329...... 35124 service that notifies subscribers of recently enacted laws. 2638...... 36193 372...... 37670 741...... 37670 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 6 CFR 751...... 37670 and select Join or leave the list (or change settings); then follow 5...... 36433 1232...... 37670 the instructions. FEDREGTOC-L and PENS are mailing lists only. We cannot 7 CFR 14 CFR respond to specific inquiries. 250...... 39869 Ch. I...... 36144, 38906 Reference questions. Send questions and comments about the 251...... 39869 1...... 38572 Federal Register system to: [email protected] 301...... 39175 11...... 38572 457...... 38061 31...... 38067 The Federal Register staff cannot interpret specific documents or 906...... 38881 39 ...... 34864, 34867, 34871, regulations. 915...... 38883 34876, 35581, 36137, 36139, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 930...... 39176 36433, 36436, 36438, 36440, longer appears in the Federal Register. This information can be 985...... 38885 36443, 36447, 36449, 36452, found online at http://bookstore.gpo.gov/. 1205...... 38893 37122, 37124, 37485, 37488, 1214...... 38894 37492, 37494, 37496, 38573, FEDERAL REGISTER PAGES AND DATE, JUNE 1738...... 37121 38577, 38897, 38901, 38903, 4279...... 35984 39541, 39543, 39545, 39547, 34859–35268...... 1 39867–40148...... 20 4287...... 35984 39553 35269–35578...... 2 Proposed Rules: 71 ...... 34879, 34880, 36140, 35579–36136...... 3 52...... 39596 36141, 37126, 37127, 38580, 36137–36432...... 6 205...... 36810 39182, 39556 36433–36786...... 7 210...... 36480 73...... 38069 97 ...... 39557, 39559, 39562, 36787–37120...... 8 215...... 36480 220...... 36480 39565, 39567, 39569 37121–37484...... 9 225...... 36480 121...... 38572 37485–38060...... 10 226...... 36480 125...... 38572 38061–38568...... 13 235...... 36480 135...... 38572 38569–38880...... 14 930...... 38975 382...... 38572 38881–39174...... 15 1274...... 35583 39175–39540...... 16 10 CFR Proposed Rules: 39541–39866...... 17 429 ...... 35242, 36992, 38266, 11...... 34919

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29...... 35654 510...... 36787 250...... 36145 51...... 35622 39 ...... 34927, 34929, 35655, 520...... 36787, 36790 251...... 36145 52 ...... 35271, 35622, 35634, 35657, 36211, 36810, 36813, 522...... 36787 252...... 36145 35636, 36176, 36179, 36803, 37166, 38113, 38115, 38978, 556...... 36787 254...... 36145 37160, 37162, 37517, 38957, 38979, 38980, 38981, 38982, 558...... 36787, 36790 256...... 36145 38963, 39197, 39208, 39211, 38983, 39597, 39601 573...... 35610 280...... 36145 39424, 39585 71 ...... 36214, 36815, 39217, 660...... 38911 282...... 36145 60...... 35824 39603 801...... 38911 290...... 36145 63...... 38085 382...... 34931 809...... 38911 291...... 36145 70...... 35622 404...... 34919 886...... 37499 1241...... 37153 71...... 35622 405...... 34919 Proposed Rules: Proposed Rules: 180 ...... 34896, 34902, 37520, 420...... 34919 172...... 38984 56...... 36818 38096, 38101, 38601, 38604 431...... 34919 175...... 37561 57 ...... 36818, 36826, 39604 271...... 35641 435...... 34919 176...... 37561 70...... 36826, 39604 370...... 38104 437...... 34919 177...... 37561 72...... 36826, 39604 Proposed Rules: 460...... 34919 178...... 37561 75...... 36826, 39604 49...... 38640 800...... 39875 52 ...... 34935, 34940, 35674, 15 CFR 22 CFR 31 CFR 36496, 36842, 36848, 37170, 6...... 36454 35...... 36791 37175, 37564, 38640, 38986, 103...... 36791 Proposed Rules: 710...... 36458 38992, 38999, 39002, 39108, 120...... 35611 1010...... 35665 734...... 35586 39236, 39604, 39605 123...... 35611 740...... 35586 55...... 39607 124...... 35611 32 CFR 745...... 36458 70...... 38645 125...... 35611 311...... 38950 750...... 35586 126...... 35611 706...... 36463 71...... 38645 772...... 35586 127...... 36791 261...... 37565 774...... 36458 138...... 36791 33 CFR 63...... 38122 1110...... 34882 3...... 38592 372...... 35275 Proposed Rules: 24 CFR 100 ...... 34895, 35617, 36154, 41 CFR 730...... 36481 28...... 38931 36465, 36468, 37156, 37507, 747...... 36481 30...... 38931 37510, 37513, 38071, 38592, 60-20...... 39108 748...... 36481 87...... 38931 38951, 39184, 39187, 39191, 42 CFR 762...... 36481 180...... 38931 39582, 39876 578...... 38581 117 ...... 34895, 36166, 36470, 403...... 35643 16 CFR 3282...... 38931 36798, 37156, 37178, 37513, 412...... 34908 1227...... 37128 Proposed Rules: 37514, 38595, 38951, 39584 414...... 34909 Proposed Rules: 888...... 39218 165 ...... 35619, 36154, 36167, 425...... 37950 259...... 36216 982...... 39218 36168, 36169, 36171, 36174, 495...... 34908 460...... 35661 983...... 39218 36471, 36800, 37158, 37514, Proposed Rules: 985...... 39218 38082, 38084, 38592, 38595, 405...... 37175 17 CFR 38599, 39193, 39194, 39195 412...... 37175 25 CFR 240...... 39808 Proposed Rules: 413...... 37175 249...... 37132 23...... 38778 100...... 37562 482...... 39448 Proposed Rules: 41...... 38585 110...... 37168 485...... 37175, 39448 1...... 36484 226...... 39572 117...... 34932 37...... 38458 Proposed Rules: 165 ...... 35671, 36243, 36488, 43 CFR 38...... 36484, 38458 15...... 39874 36490, 36492, 36494, 36831, 10000...... 36180 38119, 38638, 39234 40...... 36484 26 CFR Proposed Rules: 50...... 39506 Ch. II ...... 35186 30...... 39874 150...... 38458 1...... 36793, 37504 34 CFR 170...... 36484 Proposed Rules: 44 CFR 1 ...... 36816, 38019, 38637 240...... 37670 Ch. VI...... 39196 64...... 37521 275...... 37670 46...... 38019 Proposed Rules: 303...... 37670 54...... 38019 Ch. I ...... 36833 45 CFR 57...... 38019 Ch. II ...... 39875 95...... 35450 18 CFR 301...... 38019, 38637 30...... 39330 Ch. XIII...... 35450 668...... 39330 420...... 35608 27 CFR 1321...... 35644 Proposed Rules: 674...... 39330 478...... 38070 682...... 39330 1322...... 35644 401...... 35662 1323...... 35644 420...... 35662 28 CFR 685...... 39330 686...... 39330 1324...... 35644 1325...... 35644 19 CFR 104...... 38936 Proposed Rules: 36 CFR 1326...... 35644 Proposed Rules: 16...... 36228 1202...... 36801 1327...... 35644 351...... 39873 571...... 36485 Proposed Rules: 1328...... 35644 242...... 36836 1331...... 35643 20 CFR 29 CFR 1355...... 35450 404...... 37138 1601...... 35269 37 CFR 1356...... 35450 416...... 37138 4022...... 38948 Proposed Rules: 1385...... 35644 Proposed Rules: 4044...... 38948 202...... 37564 1386...... 35644 404...... 37557 Proposed Rules: 1387...... 35644 416...... 37557 1910...... 38117 39 CFR 1388...... 35644 2590...... 38019 20...... 35270 Proposed Rules: 21 CFR 4231...... 36229 3020...... 38952 5...... 39003 Ch. I...... 37500, 37502 144...... 38019 1...... 39183 30 CFR 40 CFR 146...... 38019 14...... 37153 203...... 36145 49...... 35944 147...... 38019

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148...... 38019 69...... 36030 47...... 36245 391...... 36858 158...... 38019 49...... 36245 48 CFR 52...... 36245 50 CFR 46 CFR 207...... 36473 53...... 36245 1...... 40004 209...... 36473 202...... 36506 17...... 36388, 36762 2...... 40004 211...... 36473 205...... 36506 216...... 36183 10...... 35648 215...... 36473 212...... 36506, 39482 300...... 36183 15...... 40004 237...... 36473 227...... 39482 622...... 37164, 38110 136...... 40004 242...... 36473 237...... 36506 635...... 38956 137...... 40004 245...... 36473 252...... 36506, 39482 648 ...... 38111, 38969, 39590, 138...... 40004 252...... 36473 49 CFR 39591, 39871 139...... 40004 501...... 36423 660 ...... 35653, 36184, 36806, 140...... 40004 511...... 36425 107...... 35484 39213 141...... 40004 515...... 36423 171...... 35484 679 ...... 34915, 36808, 37534, 142...... 40004 517...... 36422 172...... 35484 38111 143...... 40004 538...... 36425 173...... 35484 144...... 40004 552 ...... 36422, 36423, 36425 175...... 35484 Proposed Rules: 199...... 40004 1817...... 39871 176...... 35484 12...... 39848 535...... 38109 1849...... 36182 177...... 35484 17...... 35698 1852...... 36182, 39871 178...... 35484 18...... 36664 47 CFR Proposed Rules: 179...... 35484 20...... 38049 1...... 36805 2...... 39882 180...... 35484 92...... 39618 12...... 35274 5...... 36245 214...... 37839 100...... 36836 15...... 38965 8...... 39883 219...... 37893 219...... 38516 27...... 38965 13...... 39882, 39883 234...... 37521 226...... 35701, 36078 64...... 36181 14...... 36245 385...... 39587 622...... 34944, 39016 73...... 35652 19...... 36245, 39882 392...... 36474 635...... 36511, 39017 300...... 34913 22...... 36245 Proposed Rules: 648...... 36251 Proposed Rules: 25...... 36245 218...... 39014 660...... 34947, 35290 1...... 35680, 39611 28...... 36245 240...... 36858 665...... 38123 15...... 36501, 36858 43...... 36245 242...... 36858 679...... 39237

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 16, 2016 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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