[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Proposed Rules]
[Pages 34840-34842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17069]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR 197
[USCG-1998-3786]
RIN 2115-AF64
Commercial Diving Operations
AGENCY: Coast Guard, DOT.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Coast Guard requests comments on the type and scope of
needed revisions to the commercial diving operations regulations. The
regulations are over 20 years old and do not include current safety and
technology standards and industry practices. At this early stage of the
rulemaking process we need information on current safety practices,
diving technology, and industry standards to help us identify the scope
of any necessary regulatory revisions.
DATES: Comments must reach the Docket Management Facility on or before
September 24, 1998.
ADDRESSES: You may mail comments to the Docket Management Facility
[USCG-1998-3786], U.S. Department of Transportation, room PL-401, 400
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room
PL-401, located on the Plaza Level of the Nassif Building at the same
address, between 10 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments, and documents indicated in this preamble, will
become part of this docket and will be available for inspection or
copying at room PL-401, located on the Plaza Level of the Nassif
Building at the same address, between 10 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also access this
docket on the Internet at http://dms.dot.gov.
A copy of the Association of Diving Contractors' (ADC) proposed
changes to the Coast Guard commercial diving regulations and of its
Consensus Standards are available in the public docket at the above
address or on the Internet at http://dms.dot.gov, or you may obtain a
copy by contacting the project manager at the number in FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: For questions on this advance notice
of rulemaking, contact Lieutenant Diane Kalina, Project Manager, Vessel
and
[[Page 34841]]
Facility Operating Standards Division, Coast Guard, telephone 202-267-
1181. For questions on viewing, or submitting material to the docket,
contact Carol Kelley, Coast Guard Dockets Team Leader, or Paulette
Twine, Chief, Documentary Services Division, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this advance notice [USCG-1998-3786] and the specific section
or question in this document to which each comment applies, and give
the reason for each comment. Please submit all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you want acknowledgment of receipt of
your comments, you should enclose a stamped, self-addressed postcard or
envelope.
The Coast Guard will consider all comments received during the
comment period when developing its proposed changes to the regulations.
The Coast Guard plans no public meetings. You may request a public
meeting by submitting a comment requesting one to the address under
ADDRESSES. The request should include the reasons why a meeting would
be beneficial. If the Coast Guard determines that a meeting should be
held, we will announce the time and place in a later notice in the
Federal Register.
Purpose
The Coast Guard needs your comments and information on the issues
contained in this advance notice to help us define the scope of any
necessary revisions to the commercial diving operations regulations in
46 CFR 197, Subpart B. The regulations are over 20 years old and do not
include current safety and technology standards and industry practices.
At this early stage of the rulemaking process we need information on
current safety practices, diving technology, and industry standards to
help us identify necessary regulatory revisions.
Background
The existing commercial diving regulations were published in 1977
and only minor changes have been made to them since then. In 1994, the
Association of Diving Contractors (ADC), a diving industry trade
organization, submitted proposed regulatory changes to the Coast Guard
and requested that the Coast Guard revise its regulations accordingly.
A copy of their proposed changes is available in the public docket.
ADC's proposal was reviewed by over 140 General Members (operating
companies) of ADC; their Technical and their Safety, Medical and
Education Committees; and their Board of Directors. ADC also suggested
that we adopt their Consensus Standards, possibly through incorporation
by reference. A copy of the Consensus Standards is also available in
the public docket. The Coast Guard will consider ADC's proposed changes
when developing its proposed revisions to the commercial diving
operations regulations, but would like to receive your comments on the
ADC proposal. A copy of ADC's proposal is also available by contacting
the Coast Guard point of contact under FOR FURTHER INFORMATION CONTACT.
Preliminary Regulatory Assessment
This rulemaking is not likely to be classified as a significant
regulatory action under section 3(f) of Executive Order 12866 and is
not likely to be significant under the regulatory policies and
procedures of the Department of Transportation (44 FR 11040; February
26, 1979). A draft regulatory evaluation under paragraph 10(e) of the
regulatory policies and procedures of the Department of Transportation
would be prepared to support any future Notice of Proposed Rulemaking
(NPRM).
The Coast Guard is not yet able to prepare a benefit-cost analysis
assessing the impact of potential changes to the commercial diving
operations regulations because specific changes have not been
identified. However, the Coast Guard would like your comments on the
cost estimate provided by ADC. According to a 1995 estimate by ADC,
their proposed regulatory changes would likely not cost more than
$300,000 to implement on an industry-wide basis. ADC also estimates
that annualized costs would be minimal. We would like your comments on
whether or not ADC's cost estimate is reasonable given the scope of
ADC's recommendations.
Small Entities
Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the
Coast Guard must consider whether a potential rulemaking would have
significant economic impacts on a substantial number of small entities.
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
Some commercial diving companies subject to our regulations may be
small entities. Because we have not yet proposed specific revisions and
because the number of affected small entities has not been identified,
we cannot accurately estimate the potential impact on small entities at
this time. As part of the required 5 U.S.C. 610 review of regulations
affecting small entities, we are requesting information at this early
stage about the aspects of this rulemaking which may affect small
entities, so we can evaluate and minimize the impact of proposed
changes on small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 [Pub. L. 104-21], the Coast Guard wants to assist
small entities to understand this advance notice so they can better
evaluate the potential effects of any future rulemaking on them and
participate in the rulemaking process. If you believe that your small
business, organization, or agency may be affected by this rulemaking,
please explain how you could be affected, and tell us what flexibility
or compliance alternatives the Coast Guard should consider to minimize
the burden on you while promoting commercial diving safety. If you have
questions concerning this advance notice, you may call the Coast Guard
point of contact designated in FOR FURTHER INFORMATION CONTACT. We also
maintain a small business regulatory assistance Web Page at http://
www.uscg.mil/hq/g-m/regs/reghome.htm that has current information on
small entity issues and proposed Coast Guard regulations. To help small
entities become more involved in this rulemaking, the Coast Guard will
mail copies of this advance notice to Small Business Development Center
(SBDC) State Directors nationwide for distribution to local SBDC
offices and interested small businesses.
Collection of Information
Under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection of information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. As defined in 5 CFR 1320.3(c), ``collection of
[[Page 34842]]
information'' includes reporting, record-keeping, monitoring, posting,
labeling, and other, similar actions. The Coast Guard will review the
existing information collection requirements in 46 CFR 197.480 through
46 CFR 197.488 to either validate existing burdens or to reduce or
eliminate burdens that are no longer necessary.
Questions
We request your comments and any data or information that would
answer the following questions, as well as comments on any other part
of the current regulations that should be revised. In responding to a
question, please explain your reasons for each answer so that we can
carefully weigh the consequences and impacts of any future requirements
we may propose. In addition, please provide relevant data (accident
data would be particularly useful), if possible, that will support the
need for a revision to the commercial diving operations regulations.
1. Based on your review of the ADC submission to the Coast Guard,
which revisions should the Coast Guard include in its proposed rule,
not include in a proposed rule, or revise and include in a proposed
rule? Why?
2. Should the Coast Guard adopt the ADC Consensus Standards or any
other written industry standards? If so, which ones and why?
3. Is ADC's cost estimate of $300,000.00 for implementing their
proposed regulatory changes reasonable? If not, please explain why and,
if possible, provide your own cost estimate.
4. What definitions in the existing regulations should be updated
or deleted? Please explain. Are there other terms that the Coast Guard
should define in the regulations? Please explain.
5. Should dynamically positioned vessels (vessels with an installed
system that automatically maintains the position of the vessel within a
specified tolerance by controlling onboard thrusters to counter the
forces of the wind, waves and currents) and remotely operated vehicles
be addressed in the regulations? If so, what particular issues should
the Coast Guard propose to regulate?
6. Should the Coast Guard propose regulations concerning diving in
contaminated waters? If yes, how should it be addressed?
7. Should the Coast Guard propose regulations concerning one
atmosphere observation bells, suits or submersibles? If yes, how should
it be addressed?
8. Should the Coast Guard propose regulations concerning bell
bounce (a diving procedure whereby a diving bell is used to transport
divers under atmospheric pressure to a work site, and subsequently to
transport the divers back to the surface in a decompression status)? If
yes, how should it be addressed?
9. Should the Coast Guard propose regulations concerning saturation
diving in more detail? If yes, how should it be addressed?
10. Should the Coast Guard propose regulations concerning
requirements for back-up equipment at the dive site? If yes, how should
it be addressed?
11. Should the Coast Guard propose regulations concerning minimum
training requirements for divers? If yes, how should it be addressed?
12. If you think the regulations should include minimum training
requirements, please answer the following questions:
a. What courses or information should the training include?
b. What should be the minimum number of hours required for
training?
c. What would be the benefits of establishing minimum training
requirements?
d. Should training organizations or providers meet certification
requirements? If so, what organization should certify the training
organizations or providers?
13. Should diving supervisors be licensed by the Coast Guard to
ensure compliance with federal regulations? Please explain the reason
for your choice and, if your answer is ``yes'', provide examples, if
possible, of situations in which a licensed diving supervisor would
have improved a situation.
14. If you are a small entity as defined under ``Small Entities''
and believe you will be affected by potential changes to the commercial
diving regulations, please explain what flexibility or compliance
options the Coast Guard should consider and how these options would
minimize the burden on small entities, while promoting commercial
diving safety.
Dated: June 19, 1998.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-17069 Filed 6-25-98; 8:45 am]
BILLING CODE 4910-15-U
