Carriage of Bulk Solid Materials Requiring Special Handling

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 90, 97 and 148

[CGD 87-069]

RIN 2115-AD02

Carriage of Bulk Solid Materials Requiring Special Handling

agency: Coast Guard, DOT.

action: Notice of proposed rulemaking; termination.

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summary: The Coast Guard is terminating rulemaking intended to amend

the Coast Guard's regulations for the carriage of certain bulk solid

materials. The proposed rules would have added to the list of materials

permitted under the regulations materials carried under Coast Guard

Special Permits issued pursuant to this regulation (Special Permits)

and other materials contained in the International Maritime

Organization (IMO) Code of Safe Practice for Solid Bulk Cargoes (IMO

Bulk Solids Code, or ``BC Code''), including coal. The Coast Guard

wishes to focus its available resources to actions of the highest

priority; therefore, the Coast Guard is terminating further rulemaking

under docket number 87-069.

dates: This proposed rulemaking is terminated April 13, 1995.

for further information contact: Mr. Frank K. Thompson, Hazardous

Materials Branch, Office of Marine Safety, Security and Environmental

Protection, (202) 267-1217.

SUPPLEMENTARY INFORMATION:

Regulatory History

On April 28, 1989, an Advance Notice of Proposed Rulemaking (ANPRM)

was published in the Federal Register (54 FR 18308). The Coast Guard

received 16 letters commenting on the ANPRM. No public hearing was

requested, and none was held. The comments received in response to the

ANPRM were considered in the development of the Notice of Proposed

Rulemaking (NPRM).

On April 12, 1994, a Notice of Proposed Rulemaking was published in

the Federal Register (59 FR 17418). The public comment period on this

NPRM had been scheduled to close on July 11, 1994; however, because of

several requests from interested members of the public, the Coast Guard

published a supplemental NPRM on August 5, 1994 (59 FR 40004) reopening

the public comment period for an additional 30 days ending September 6,

1994.

In response to the NPRM, the Coast Guard received 55 letters

containing more than 200 comments. Commenters included shippers,

carriers, terminal operators, marine surveyors, trade associations,

private individuals, and the Canadian Coast Guard. No public hearing

was requested, and none was held.

After a comprehensive review of its active regulatory program, the

Coast Guard has determined that this rulemaking is of relatively low

priority at this time. The Coast Guard wishes to focus its available

resources on actions of the highest priority and has determined that

the best course of action is to terminate further rulemaking under

docket number 87-069. In keeping with the President's direction to

Federal agencies to review their regulations, the Coast Guard will

reexamine this issue at some point in the future to determine if

further rulemaking is necessary. Based on these considerations, the

Coast Guard is terminating further rulemaking under docket number 87-

069.

Dated: April 5, 1995.

Joseph J. Angelo,

Acting Chief, Office of Marine Safety Security and Environmental

Protection.

[FR Doc. 95-9037 Filed 4-12-95; 8:45 am]

BILLING CODE 4910-14-M