[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Page 26857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13419]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 67
[CGD 95-052]
RIN 2115-AF15
Testing of Obstruction Lights and Fog Signals on Offshore
Facilities
AGENCY: Coast Guard, DOT.
ACTION: Notice of termination and withdrawal.
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SUMMARY: This rulemaking project was initiated as part of the
President's Regulatory Reinvention Initiative (PRRI). It was intended
to improve the quality of tests performed on obstruction lights and fog
signals, while reducing the administrative burden on the public, and
minimizing costs borne by the Coast Guard. Comments to the rulemaking
raised several substantial issues which require further study.
Therefore, the Coast Guard is terminating further rulemaking under
docket number 95-052.
FOR FURTHER INFORMATION CONTACT:
LTJG Chad Asplund, Project Manager, Short Range Aids to navigation
Division, U.S. Coast Guard Headquarters, (202) 267-1386.
SUPPLEMENTARY INFORMATION: On January 10, 1996, the Coast Guard
published a notice requesting comments in the Federal Register (61 FR
708). The notice asked (1) whether the flash characteristics of
obstruction lights should be changed from a quick-flashing rhythm to a
Morse ``U''; (2) whether the candlepower requirements on obstruction
lighting should be adapted to the new transmissivity tables developed
by the Coast Guard; and (3) whether lights and fog signals should be
tested independent laboratories rather than by the Coast Guard.
On March 27, 1996, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (61 FR 13472). The Coast
Guard proposed a new rule on only one of the three issues investigated
in the notice, specifically, that lights and fog signals would be
tested by independent laboratories rather than by the Coast Guard.
The NPRM's approach was in keeping with the goals of the PRRI to
make government work better and cost less by finding ways to reduce
financial and regulatory burdens on industry while improving
governmental efficiency. It proposed to achieve this by (1)
consolidating permit applications in headquarters rather than requiring
an application to each Coast Guard district; and (2) having independent
laboratories test all devices and submit the results to the Coast Guard
rather than requiring Coast Guard involvement in the testing of lights
or fog signals. In spite of the Coast Guard's intent to reduce burdens,
comments indicated that the NPRM, as proposed, was too general to
accomplish either the project's goals or the goals of PRRI.
Specifically, comments questioned how independent laboratories
would be designated or certified by the Coast Guard, and what standards
would be used by the independent laboratories in evaluating lights and
fog signals. Comments also expressed concern over the timetable for
implementation, with several pointing out that retrofitting all
existing structures would impose a high cost on the regulated community
without providing any proven reduction in risk.
The Coast Guard has determined that the concerns raised by the
comments to this docket require further examination of this area before
any rulemaking is undertaken. The Coast Guard seeks to promulgate rules
that will improve maritime safety while accomplishing PRRI goals.
Because the current rulemaking may do neither, the Coast Guard is
terminating further rulemaking under docket number 95-052 but will
continue to investigate the feasibility of implementing these concepts
in the future.
Dated: May 17, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 96-13419 Filed 5-28-96; 8:45 am]
BILLING CODE 4910-14-M
