Title 46 published on 2012-10-01
The following are only the Rules published in the Federal Register after the published date of Title 46.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
The Coast Guard is adjusting the rates for pilotage services on the Great Lakes, which were last amended in February 2012. The adjustments establish new base rates and are made in accordance with a full ratemaking procedure. This rulemaking promotes the Coast Guard's maritime safety mission.
Many of the Coast Guard's regulations incorporate by reference consensus standards that are developed by organizations other than the Coast Guard. This final rule updates references to standards developed by ASTM International, that have been reapproved, without change, since their incorporation into Coast Guard regulation. This rule does not address standards that have changed substantively, and it will not have any substantive impact on the regulated public.
The Federal Maritime Commission amends its rules regarding the establishment of passenger vessel financial responsibility for nonperformance of transportation. The amount of coverage required for performance is modified to increase the cap on required performance coverage to $30 million over a two year period and thereafter adjust the cap every two years using the Consumer Price Index; adjust the amount of coverage required for smaller passenger vessel operators by providing for consideration of alternative forms of protection; remove the application form for issuance of certificates of financial responsibility from the Commission's regulations and make it available at its Web site; add an expiration date to the Certificate (Performance); and make technical adjustments to the regulations.
The Coast Guard is amending its Vessel Inspection Alternatives regulations to add the International Energy Efficiency (IEE) Certificate to the list of certificates that a recognized classification society may issue on behalf of the Coast Guard. We are making this change because Annex VI of the International Convention for the Prevention of Pollution by Ships, 1973, as modified by the Protocol of 1978, has been amended to address energy efficiency for ships, and these amendments call for the issuance of IEE Certificates starting January 1, 2013. This rule will enable recognized classification societies to apply to the Coast Guard to issue IEE Certificates to vessel owners and help to ensure that the demand for IEE Certificates is met.
In accordance with Executive Order 13563, “Improving Regulation and Regulatory Review,” the Maritime Administration (MarAd) solicited public comment concerning clarification of its regulations pertaining to seamen's claims, administrative action taken against MarAd, and litigation pertaining to such matters. No comments were received as a result of the agency's solicitation. By this rulemaking, MarAd is updating and modernizing the existing regulations and adopting a procedural process to more effectively address claims arising under the Suits in Admiralty Act, the Admiralty Extension Act and the Clarification Act. The existing regulations implement the Clarification Act. The newly added regulations implement a process to resolve administrative claims arising under the Admiralty Extension Act, and both the Suits in Admiralty Act and the Public Vessels Act, respectively.
The Federal Maritime Commission (Commission) is correcting a final rule that appeared in the Federal Register of October 10, 2012 (77 FR 61519). The final rule revises the Commission's rules of practice and procedure to update and clarify the rules and to reduce the burden on parties to proceedings before the Commission. This document corrects errors in the final rule.
The Coast Guard announces the availability of three policy letters providing guidance to vessels and mariners subject to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW). These letters provide guidance on: The hours of rest requirements of the 2010 amendments to the STCW Convention and Code; issuance of endorsements and approval of training for Vessel Personnel with Designated Security Duties (VPDSD) and vessel personnel requiring security awareness training; and issuance of other endorsements and approval of other training to meet the 2010 amendments. These letters are necessary to provide guidance to affected parties until regulations implementing amendments to the STCW are promulgated.
The Federal Maritime Commission revises its rules of practice and procedure to update and clarify the rules and to reduce the burden on parties to proceedings before the Commission. The Commission also amends the regulation with respect to its former employees to reflect changes in a relevant statute and the regulation for filing of documents containing confidential materials.
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 46 after this date.
The Federal Maritime Commission proposes to amend its rules governing the licensing, financial responsibility requirements and duties of Ocean Transportation Intermediaries. The proposed rule is intended to adapt to changing industry conditions, improve regulatory effectiveness, improve transparency, streamline processes and reduce regulatory burdens.
The Coast Guard proposes to revise regulations related to the design, certification, inspection, and testing of cranes. These regulations apply to cranes installed on Mobile Offshore Drilling Units (MODUs), Offshore Supply Vessels (OSVs), and floating Outer Continental Shelf (OCS) facilities. This revision would update industry standards incorporated by reference with more recent versions, which are used by industry and incorporated in Bureau of Safety and Environmental Enforcement regulations. Additionally, the Coast Guard proposes to revise regulations regarding certification, inspection, and testing of cranes by allowing use of additional organizations to act in lieu of Coast Guard marine inspectors.
The Coast Guard is seeking public comment regarding criteria for granting medical waivers to merchant mariners with a history of seizure disorders. Coast Guard regulations provide that convulsive disorders (also known as seizure disorders) are conditions that may lead to disqualification for a merchant mariner credential (MMC). Because a significant number of merchant mariner applicants have suffered from seizure disorders, it is important for the Coast Guard to develop and publish clear guidance regarding how such MMC applicants are evaluated. Prior to issuing a policy change on when waivers should be granted for seizure disorders, the Coast Guard will accept comments from the public on whether the proposed criteria adequately address safety concerns.
The Coast Guard proposes to amend its regulations to separately list an annual fee for renewals of endorsements upon the Certificate of Documentation. The Coast Guard is required to establish user fees for services related to the documentation of vessels. This proposed rule would separately list a fee of $26 to cover the current costs of the vessel documentation services provided by the Coast Guard.
The Federal Maritime Commission proposes to impose registration requirements on foreign-based unlicensed non-vessel-operating common carriers (NVOCCs) and to extend an exemption from certain provisions and requirements of the Shipping Act of 1984 and the Commission regulations to foreign-based unlicensed non-vessel-operating common carriers that agree to negotiated rate arrangements (NRAs). The extension of the exemption is to make NRAs more useful and to enhance competition among all NVOCCs.
The Coast Guard is proposing to revise several vessel inspection and certification regulations to align them with a statutory definition of “seagoing barge” and with an exemption from inspection and certification requirements for certain seagoing barges. The proposed revisions are intended to eliminate ambiguity in existing regulations, to reduce the potential for confusion among the regulated public, and to help the Coast Guard perform its maritime safety and stewardship missions.
On September 7, 2012, the Coast Guard published a notice of proposed policy change and request for comments regarding criteria for granting medical waivers to mariners who have anti-tachycardia devices or implantable cardioverter defibrillators (ICDs). The public comment period for the notice expired on October 9, 2012. In today's action, the Coast Guard is reopening the public comment period to provide additional time for interested parties to submit comments.
The Coast Guard proposes to amend the interim rule addressing lifesaving equipment to harmonize Coast Guard regulations concerning release mechanisms for lifeboats and rescue boats with recently adopted international standards affecting design, performance, and testing for such lifesaving equipment, and to clarify the requirements concerning grooved drums in launching appliance winches. The Coast Guard seeks comments on this proposal.
The Coast Guard proposes to amend its Vessel Inspection Alternatives regulations to add the International Energy Efficiency (IEE) Certificate to the list of certificates that a recognized classification society may issue on behalf of the Coast Guard. We make this proposal because Annex VI of the International Convention for the Prevention of Pollution by Ships, 1973, as modified by the Protocol of 1978, has been amended to address energy efficiency for ships, and these amendments call for the issuance of IEE Certificates starting January 1, 2013. This proposed rule would enable recognized classification societies to apply to the Coast Guard to issue IEE Certificates to vessel owners and help to ensure that the demand for IEE Certificates is met.
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