[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Proposed Rules]
[Pages 38141-38142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18819]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 28
[CGD 88-079]
RIN 2115-AD12
Implementation of the Commercial Fishing-Industry Vessel
Regulations
AGENCY: Coast Guard, DOT.
ACTION: Notice of termination of proposed rule.
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SUMMARY: This rulemaking project was initiated to address all
applicable provisions of the Commercial Fishing Industry Vessel Safety
Act of 1988. The Coast Guard addressed all these provisions with the
exception of two, immersion suits and vessel stability. Because these
issues were controversial, the Coast Guard delayed developing
regulations covering them so that other provisions of the Act could
proceed. Since that time, new issues pertaining to commercial fishing
vessel safety have been identified. The Coast Guard believes it to be
in the fishing industry's best interest to develop only one set of
regulations to include immersion suits, vessel stability, and all newly
identified commercial fishing industry issues. The Coast Guard intends
to terminate this docket [89-079], and create a new docket to resolve
the remaining issues.
DATES: This notice is effective July 15, 1998.
ADDRESSES: You may mail comments to the Docket Management facility,
[USCG 89-079], 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
request for information. Comments, and documents as indicated in this
preamble, are 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.
FOR FURTHER INFORMATION CONTACT:
For information on the public docket, call Carol Kelley, Coast Guard
Dockets
[[Page 38142]]
Team Leader, or Paulette Twine, Chief, Documentary Services Division,
U.S. Department of Transportation, telephone 202-366-9329. For
information concerning the notice of termination, contact Lieutenant
Commander Randy Clark, Office of Operating and Environmental Standards
(G-MSO), telephone 202-267-0836.
SUPPLEMENTARY INFORMATION:
Commercial Fishing Industry Vessel Safety Act of 1988
On September 9, 1988, chapter 45 (Uninspected Commercial Fishing
Industry Vessels, sections 4501 through 4508) of title 46 United States
Code, was amended by the Commercial Fishing Industry Vessel Safety Act
of 1988, Pub. L. 100-424 (the Act). The Act requires the Secretary of
Transportation to prescribe regulations for safety equipment and vessel
operating procedures on commercial fishing industry vessels. The
Secretary delegated this authority to regulate commercial fishing
vessels to the Commandant of the Coast Guard.
Rulemakings Developed Under the Act
Under the Act, several rulemakings emerged. On 14 August 1991, a
final rule entitled, ``Commercial Fishing Industry Vessel Regulations''
was published in the Federal Register (56 FR 40364). The regulations
are for U.S. documented or state numbered uninspected fishing, fish
processing, and fish tender vessels. The provisions established
requirements for navigation; radio; firefighting and lifesaving
equipment; fuel, ventilation, and electrical systems; as well as the
original requirements for immersion suits.
On 3 August 1992, the Coast Guard published an interim final rule
in the Federal Register (57 FR 34188). As a result of the public
comments, the rule removed the requirements for vessels to carry
immersion suits for each individual on board both undocumented
commercial fishing industry vessels operating on coastal waters that
are only seasonably cold and documented commercial fishing industry
vessels operating inside the Boundary Line on coastal waters that are
only seasonably cold.
On 20 May 1993, the Coast Guard published a notice of proposed
rulemaking entitled, ``Immersion Suits for Documented and Undocumented
Commercial Fishing Industry Vessels Operating on Coastal Waters that
are Seasonably Warm'' in the Federal Register (58 FR 29502). This
rulemaking proposed the reinstatement of the original requirements
published in the final rule on 3 August 1992. The proposed action was a
result of consultation between the Coast Guard and the Commercial
Fishing Industry Vessel Advisory Committee.
Throughout the notice and comment process for all of the
rulemakings, significant controversy was identified concerning the
provisions affecting immersion suits and vessel stability. Because of
this controversy, the Coast Guard recognized that regulatory action
would not occur in a timely fashion. Consequently, requirements
covering immersion suits and vessels stability were held in abeyance so
that other provision of the Act could proceed.
On 24 October 1995, the Coast Guard published a final rule in the
Federal Register (60 FR 54441) to address the requirements of the
Aleutian Trade Act [Pub. L. 101-595].
On 4 September 1997, the Coast Guard published a final rule
entitled, ``Commercial Fishing Industry Vessel Regulations'' in the
Federal Register (62 FR 46672). This rule established requirements for
safety equipment and vessel operating procedures on commercial fishing
industry vessels to improve their overall safety.
Since that time, other issues pertaining to commercial fishing
vessel safety have been identified. The Coast Guard has determined that
it can most effectively develop regulations for immersion suits, vessel
stability, and other newly identified issues by initiating a new
rulemaking under a new docket number.
Dated: May 18, 1998.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 98-18819 Filed 7-14-98; 8:45 am]
BILLING CODE 4910-15-M
