[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35963-35964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17461]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 42
[CGD 96-006]
RIN 2115-AF29
Extension of Great Lakes Load Line Certificate
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is revising the
limit on the number of days that a Great Lakes Load Line Certificate
extension may be granted from 90 days to 365 days. This action is taken
to extend the Great Lakes load line certificate interval from the
current 5 years and 90 days maximum interval to a 6-year maximum
interval.
DATES: This rule is effective on October 7, 1996, unless the Coast
Guard receives written adverse comments or written notice of intent to
submit adverse comments on or before September 9, 1996. If such
comments or notice are received, the Coast Guard will withdraw this
direct final rule, and a timely notice of withdrawal will be published
in the Federal Register.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 96-006), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Mark R. DeVries, G-MOC, (202) 267-0009.
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the names and address of the person
submitting the comment, specify the rulemaking docket (CGD 96-006) and
the specific section of this rule to which each comment applies, and
give the reason for each specific comment. Please submit two copies of
all comments and attachments in an unbound format, no larger than 8+ by
11 inches, suitable for copying and electronic filing. Persons wanting
acknowledgment of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comments
are anticipated. If no adverse comments or any written notice of intent
to submit adverse comment are received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days prior to the effective date, the
Coast Guard will publish a notice in the Federal Register stating that
no adverse comment was received and confirming that this rule will
become effective as scheduled. However, if the Coast Guard receives
written adverse comment or written notice of intent to submit adverse
comment, the Coast Guard will publish a notice in the final rule
section of the Federal Register to announce withdrawal of all or part
of this direct final rule. If adverse comments apply to only part of
this rule, and it is possible to remove that part without defeating the
purpose of this rule, the Coast Guard may adopt as final those parts of
this rule on which no adverse comments were received. The part of this
rule that was the subject of adverse comment will be withdrawn. If the
Coast Guard decides to proceed with a rulemaking following receipt of
adverse comments, a separate notice of proposed rulemaking (NPRM) will
be published and a new opportunity for comment provided.
A comment is considered ``adverse'' if the comment explains why
this rule would be inappropriate, including a challenge to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change.
Background and Purpose
Before 1973, the load line intervals for vessels operating on the
Great Lakes was 6 years in length. In 1973, the load line regulations
were revised and the 6-year interval was reduced to 5 years with a
provision to allow for a 90-day extension. The reduction in the
interval was because of the higher frequency and shorter length of
Great Lakes voyages, the presumed safety risks resulting from the
increased amount of dockings, and the Great Lakes climatic conditions.
This assumption has proven to be incorrect. The Lake Carriers'
Association, whose membership includes the operators of 59 U.S.-Flag
freightships on the Great Lakes, has
[[Page 35964]]
been able to provide 20 years of data to dispute the additional risk
assumption. The Coast Guard agrees that the data does not support the
presumption of higher safety risks.
Instead, the reduction in the Great Lakes load line certificate
interval caused an unnecessary increased financial burden on the
industry without the benefit of an increase in the level of safety. It
created this increase in costs by causing more frequent drydockings and
reducing the number of days available to carry cargo. This rule will
avoid unnecessary costs to the industry by providing for extensions of
Great Lakes load line certificate intervals up to 365 days for
qualifying Great Lakes vessels.
Discussion of Rules
This rule revises 46 CFR Part 42 by changing the limit on the
number of days that a Great Lakes load line certificate may be extended
from 90 days to 365 days. This expands the Great Lakes load line
certificate interval to a maximum interval of 6 years, including
allowable extensions.
Regualtory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
This rule impacts only vessel owners and operators in possession of a
Great Lakes Load Line Certificate, and will result in cost savings to
vessels receiving an extension of this certificate by allowing vessel
owners and operators greater flexibility in the coordination and
scheduling of required examinations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) Small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This rule will create cost savings for vessel owners and operators
in possession of a great Lakes load line certificate without additional
costs to other small entities. Therefore, the Coast Guard finds that
this rule will not have a significant economic impact on a substantial
number of small entities. Any comments submitted in response to this
finding will be evaluated under the criteria described earlier in the
preamble for comments.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2 of Commandant Instruction
M16475.1B, as revised by 59 FR 38654, July 29, 1994, this rule is
categorically excluded from further environmental documentation.
Section 2.B.2.e(34)(d) of that instruction excludes ``regulations
concerning manning, documentation, admeasurement, inspection, and
equipping of vessels.'' A ``Categorical Exclusion Determination'' is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 46 CFR Part 42
Penalties, Reporting and record keeping requirements, Vessels.
For the reasons set out in the preamble, the Coast Guard amends 46
CFR part 42 as follows:
PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA
1. The authority citation for part 42 continues to read as follows:
Authority: 46 U.S.C. 2103; 49 CFR 1.45, 1.46; section 42.01-5
also issued under the authority of 44 U.S.C. 3507.
2. In Sec. 42.07-45, paragraph (d)(2) introductory text is revised
to read as follows:
Sec. 42.07-45 Loan line certificates.
* * * * *
(d) * * *
(2) A Great Lakes certificate is issued for 5 years and may be
extended by the Commander, Ninth Coast Guard District, up to 365 days
from date of the--
* * * * *
Dated: July 2, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental
Protection.
[FR Doc. 96-17461 Filed 7-8-96; 8:45 am]
BILLING CODE 4910-14-M
