[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7360-7361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3998]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 199
[CGD 84-069]
RIN 2115-AB72
Lifesaving Equipment
AGENCY: Coast Guard, DOT.
ACTION: Interim rule, partial suspension; request for comments.
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SUMMARY: On May 20, 1996 the Coast Guard published an interim rule
revising the lifesaving equipment regulations for U.S. inspected
vessels. The interim rule included provisions for vessels not on
international routes to comply with certain new requirements by October
1, 1997 and October 1, 2001. The Coast Guard has received comments
concerning the regulatory analysis for the interim rule which may lead
to changes to the lifesaving requirements in the final rule. To prevent
any economic expenditures based on the interim rule which might not be
necessary under the final rule, the Coast Guard is suspending the
implementation requirements for certain provisions in the interim rule.
The Coast Guard requests comments on the economic impacts of the
lifesaving requirements covered by the partial suspension.
DATES: The suspension of Sec. 199.10(i)(1) (i), (ii) and (iii) is
effective February 19, 1997. Comments must be received on or before
April 21, 1997.
ADDRESSES: Mail comments to the Executive Secretary, Marine Safety
Council (G-LRA) [CGD 84-069], U.S. Coast Guard Headquarters, 2100
Second
[[Page 7361]]
Street SW., Washington, DC 20593-0001 or deliver them 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 if (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:
Mr. Robert Markle, Chief, Lifesaving and Fire Safety Standards Division
(G-MSE-4), U.S. Coast Guard Headquarters, 2100 Second Street SW.,
Washington, DC 20593-0001, telephone (202) 267-1444, fax (202) 267-
1069, E-mail rmarkle@comdt.uscg.mil.'' Normal office hours are
between 8 a.m. and 5 p.m.
SUPPLEMENTARY INFORMATION:
Regulatory History
The regulatory history for this rulemaking is set out in the
preamble of the interim rule entitled Lifesaving Equipment (61 FR
25272; May 20, 1996).
Reason for Partial Suspension
After publication of the interim rule, the Coast Guard received
comments, particularly from the passenger vessel industry, expressing
concerns about the new lifesaving requirements for vessels not on
international voyages. Passenger vessel industry comments stated that
requirements to carry additional lifesaving equipment could not be
justified in view of the excellent safety record of these vessels. The
comments also questioned the validity of the regulatory analysis
supporting these requirements.
The Coast Guard understands that owners of some vessels affected by
the new lifesaving requirements may be planning purchases of equipment
or changes in manning to meet the October 1, 1997, implementation date
and may even be planning modifications to meet the October 1, 2001,
implementation date. The review of comments and reassessment of the
regulatory evaluation will probably justify some changes in the final
rule. To prevent any economic expenditures in reliance on the interim
rule which may prove unnecessary upon publication of the final rule,
the Coast Guard is suspending the implementation provisions in
Secs. 199.10(i)(1) (i) through (iii) until issuance of the final rule.
Since the suspended provisions apply only to requirements which were
new at the interim rule stage, this partial suspension will effectively
leave existing vessels operating in accordance with their existing
Certificate of Inspections until the final rule and its implementation
schedule are published.
The Coast Guard also received comments questioning the application
of lifesaving requirements to passenger vessels built after October 1,
1996. The Coast Guard is also reassessing lifesaving requirements for
these new vessels which will be operated on other than international
voyages. If you are presently building a new vessel or considering
lifesaving equipment requirements for new construction, you are
encouraged to contact your local Officer in Charge of Marine Inspection
for an appropriate exemption under 46 CFR 199.20(d). You are also
encouraged to comment on the application of lifesaving equipment
requirements to newly constructed vessels operating on other than
international voyages. The Coast Guard will consider all comments
received during the comment period. It may change 46 CFR 199.10 based
on the comments.
Small Business Compliance Guidance
In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, the Coast Guard wants to provide
small entities with assistance in understanding this rule so they can
better evaluate its effects on them and participate in the rulemaking
process.
If you are a small business affected by this rule and have
questions concerning its provisions or options for compliance, please
contact your local Officer in Charge, Marine Inspection, for
assistance.
Request for Comments
The Coast Guard encourages interested persons to submit specific
comments limited to the requirements in 46 CFR 199.10 as they apply to
new and existing passenger vessels on other than international voyages.
Persons submitting comments should include their names and addresses,
identify this rulemaking [CGD 84-069] and the specific section of the
interim rule to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes. The Coast Guard plans no additional public meetings.
Regulatory Process Considerations
Although the interim rule is not a significant regulatory action
under section 3(f) of Executive Order 12866, due to its nature, it was
reviewed by the Office of Management and Budget (OMB) under that order.
This action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) and 1996 amendments (enacted as Chapter 8 of
Title 5, U.S.C.). This interim rule will have no effect on the
environment and it is categorically excluded from further environmental
documentation in accordance with section 2.B.2.34(e) of the NEPA
Implementing Procedures, COMDTINST M16475.1B. If you are a small
business affected by the interim rule or this partial suspension, you
are encouraged to submit comments to the docket concerning the economic
impact of these actions. The final rule will address any economic
impacts, including impacts on small businesses, if any.
List of Subjects in 46 CFR Part 199
Cargo vessels, Incorporation by reference, Marine safety, Oil and
gas exploration, Passenger vessels, Reporting and recordkeeping
requirements, Vessels.
For the reasons set out in the preamble, the Coast Guard is
amending 46 CFR part 199 as follows:
PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS
1. The authority citation for part 199 continues to read as
follows:
Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.
Sec. 199.10 [Amended]
2. In Sec. 199.10 paragraphs (i)(1) (i) through (iii) are
suspended.
Dated: February 12, 1997.
J. C. Card,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 97-3998 Filed 2-18-97; 8:45 am]
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