[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30437-30440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14087]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 8, 31, 71, 91, and 107
[USCG-1999-5004]
RIN 2115-AF74
Alternate Compliance Program; Incorporations by Reference
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard is amending part 8
of Title 46, Code of Federal Regulations, to add recently approved
incorporations by reference. We also insert the address and telephone
numbers of the Coast Guard office identified in several parts as the
source for additional information to facilitate our Alternate
Compliance Program. This rule makes no substantive changes to current
regulations. It enables continuation of the Alternate Compliance
Program (ACP), which was developed to reduce redundant vessel
inspections without jeopardizing safety. The final rule on the ACP was
published in the Federal Register (62 FR 67526) on December 24, 1997.
DATES: This rule is effective on September 7, 1999, unless a written
adverse comment, or written notice of intent to submit an adverse
comment, reaches the Docket Management Facility on or before August 9,
1999. If an adverse comment, or notice of intent to submit an adverse
comment, is received, the Coast Guard will withdraw this direct final
rule and publish a timely notice of withdrawal in the Federal Register.
ADDRESSES: You may mail your comments to the Docket Management
Facility, (USCG-1999-5004), U.S. Department of Transportation, room PL-
401, 400 Seventh Street SW., Washington DC 20590-0001, or deliver them
to room PL-401 on the Plaza level of the Nassif Building at the same
address between 9 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 as indicated in this preamble, will become part
of this docket and will be available for inspection or copying at room
PL-401 on the Plaza level of the Nassif Building at the same address
between 9 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 questions on this rule, contact
Jaideep Sirkar, Naval Architecture Division (G-MSE-2), via: E-mail
jsirkar@comdt.uscg.mil; telephone (202) 267-6925; or fax (202) 267-
4816. For questions on viewing, or submitting material to, the docket,
contact Carol Walker, Chief, Dockets, 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 rulemaking (USCG-1999-5004) and the specific section of
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 to the Docket Management Facility at the address
under ADDRESSES. 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 comment is
anticipated. If no adverse comment or written notice of intent to
submit an adverse comment is received within the specified comment
period, this rule will become effective as stated in the DATES section.
In that case, approximately 30 days before the effective date, the
Coast Guard will publish a document 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 a
written adverse comment or written notice of intent to submit an
adverse comment, the Coast Guard will publish a document in the Federal
Register announcing withdrawal of all or part of this direct final
rule. If an adverse comment applies to an amendment, paragraph, or
section of this rule and it is possible to remove that provision
without defeating the purpose of this rule, the Coast Guard may adopt
as final those parts of this rule on which no adverse comment was
received. The provision of this rule that was the subject of an adverse
comment will be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of an adverse comment, the Coast Guard
will publish a separate Notice of Proposed Rulemaking (NPRM) and
provide a new opportunity for comment. 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
Under regulations in 46 CFR parts 8, 31, 71, 91, and 107, owners
and operators may submit their vessels for inspection by a recognized
classification society. The classification society surveys such vessels
and documents compliance with applicable international requirements,
class rules, and its U.S. supplement. The cognizant U.S. Coast Guard
Officer in Charge, Marine Inspection, may then issue certificates of
inspection based upon classification society reports documenting
vessels are classed and that they comply with all applicable
requirements.
Discussion of Rule
This rule does not change any substantive requirements of existing
regulations. The purpose of this
[[Page 30438]]
rulemaking is to add several recently approved sets of classification
society rules and the supplements for these rules to the ACP
regulations. Adding these rules and supplements through incorporation
by reference is essential for the continued viability and validity of
the ACP regulations.
Incorporation by Reference
The Director of the Federal Register has approved the material in
46 CFR 8.110(b) for incorporation by reference under 5 U.S.C. 552 and 1
CFR part 51. You may inspect all material at the Office of the Federal
Register, 800 North Capitol St., NW., Suite 700, Washington, DC and at
the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second St., SW., Washington, DC 20593-0001. You may obtain
copies from either the American Bureau of Shipping (ABS)-Two World
Trade Center, 106th Floor, New York, NY 10048, or Lloyd's Register of
Shipping (LR)-100 Leadenhall Street, London EC3A 3BP.
Statutes and Orders on the Regulatory Process
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Does the statute or If so, where do
order require an we discuss the
Statute or order analysis or statement analysis or
for this rulemaking? statement?
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Regulatory Planning and Review Yes................... See ``Regulatory
(Analysis of costs and Evaluation'' in
benefits)--E.O. 12866; DOT this preamble.
Order 2100.5.
Civil Justice Reform--E.O. No. This rule meets
12988. the applicable
standards in E.O.
12988, sections 3(a)
and (b)(2), to
minimize litigation,
eliminate ambiguity,
and reduce burden.
Regulatory Flexibility Act--5 Yes................... See ``Small
U.S.C. 604(a) and 605(b). Entities'' in
this preamble.
Paperwork Reduction Act of No. This rule contains
1995--44 U.S.C. 3501-3520. no new collection-of-
information
requirements.
Federalism--E.O. 12612........ No. This rule does not
have sufficient
implications for
federalism to warrant
the preparation of a
Federalism Assessment.
Unfunded Mandates Reform Act No. No written
of 1995, sec. 202--2 U.S.C. statement is
1532. necessary because
this rule does not
impose an unfunded
mandate that may
result in the
expenditure of $100M
or more in any one
year.
Enhancing the No. This rule does not
Intergovernmental Partnership impose on any State,
(unfunded mandates for State, local, or tribal
local, or tribal government a mandate
governments)--E.O. 12875. that is not required
by statute and that
is not funded by the
Federal government.
Interference with No. This rule does not
Constitutionally Protected effect a taking of
Property Rights (taking of private property or
private property)--E.O. 12630. otherwise have taking
implications under
E.O. 12630.
Protection of Children from No. This rule is not
Environmental Health Risks an economically
and Safety Risks--E.O. 13045. significant rule and
does not concern an
environmental risk to
health or a risk to
safety
disproportionately
affecting children.
National Environmental Policy Yes................... See
Act--42 U.S.C. 4321-4347. ``Environment''
in this
preamble.
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Regulatory 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. It
will not impose any costs on the public, because it enables a voluntary
alternative to another prescribed method of inspection.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this rule will have a significant
economic impact 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. This rule does not change any requirements in the regulations.
It is simply updating information to facilitate continuation of the
Coast Guard's existing Alternate Compliance Program. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities. Comments submitted in response to this finding will be
evaluated under the criteria in the ``Regulatory Information'' section
of this preamble.
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 figure 2-1, paragraphs (34) (d) and (e) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. This exclusion is in
accordance with section 2.B.2. and figure 2-1 concerning regulations
that are based on vessel inspection and equipment aspects. A
``Categorical Exclusion Determination'' is available in the docket for
inspection
[[Page 30439]]
or copying where indicated under ADDRESSES.
List of Subjects
46 CFR Part 8
Administrative practice and procedure, Incorporation by reference,
Organization and functions (Government agencies), Reporting and
recordkeeping requirements.
46 CFR Part 31
Marine safety, Reporting and recordkeeping requirements, Tank
vessels.
46 CFR Part 71
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 91
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
46 CFR Part 107
Marine safety, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
For the reasons set out in the preamble, under the authority of 46
U.S.C. 3306, the Coast Guard amends 46 CFR parts 8, 31, 71, 91, and 107
as follows:
PART 8--VESSEL INSPECTION ALTERNATIVES
1. The authority citation for part 8 continues to read as follows:
Authority: 46 U.S.C. 3306; 46 U.S.C. 3316, as amended by Sec.
607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703; 49 CFR 1.45,
1.46.
2. Revise Sec. 8.110(b) to read as follows:
Sec. 8.110 Incorporation by reference.
(a) * * *
(b) The material incorporated by reference in this subchapter and
the sections affected are as follows:
American Bureau of Shipping (ABS)--Two World Trade Center, 106th Floor,
New York, NY 10048.
Rules for Building and Classing Steel Vessels, 1996--31.01-3(b),
71.15-5(b), 91.15-5(b)
Rules for Building and Classing Steel Vessels, 1997--31.01-3(b),
71.15-5(b), 91.15-5(b)
Rules for Building and Classing Steel Vessels, 1998--31.01-3(b),
71.15-5(b), 91.15-5(b)
Rules for Building and Classing Mobile Offshore Drilling Units,
1998--107.205(b)
U. S. Supplement to ABS Rules for Steel Vessels for Vessels on
International Voyages, 21 October 1996--31.01-3(b), 71.15-5(b), 91.15-
5(b)
U.S. Supplement to ABS Rules for Steel Vessels for Vessels on
International Voyages, 1 August 1997--31.01-3(b), 71.15-5(b), 91.15-
5(b)
U.S. Supplement to ABS Rules for Mobile Offshore Drilling Units, 1
June 1998--107.205(b)
American National Standards Institute (ANSI)--11 West 42nd St., New
York, NY 10036.
ANSI/ASQC Q9001--1994, Quality Assurance in Design, Development,
Production and Servicing, 1994--8.230
Lloyd's Register of Shipping (LR)--100 Leadenhall Street, London EC3A
3BP.
Rules and Regulations for the Classification of Ships, 1998--31.01-
3(b), 71.15-5(b), 91.15-5(b)
Lloyd's Register of Shipping Supplemental Requirements, 19 September
1998--31.01-3(b), 71.15-5(b), 91.15-5(b)
PART 31--INSPECTION AND CERTIFICATION
3. The authority citation for part 31 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703,
5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR 1971--1975 Comp.
P. 793; 49 CFR 1.46.
4. Revise Sec. 31.01-3(b) to read as follows:
Sec. 31.01-3 Alternate compliance.
(a) * * *
(b) For the purposes of this section, a list of authorized
classification societies, including information for ordering copies of
approved classification society rules and supplements, is available
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved
classification society rules and supplements are incorporated by
reference into 46 CFR 8.110(b).
PART 71--INSPECTION AND CERTIFICATION
5. The authority citation for part 71 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703,
5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR,
1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp. 351;
49 CFR 1.46.
6. Revise Sec. 71.15-5(b) to read as follows:
Sec. 71.15-5 Alternate compliance.
(a) * * *
(b) For the purposes of this section, a list of authorized
classification societies, including information for ordering copies of
approved classification society rules and supplements, is available
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved
classification society rules and supplements are incorporated by
reference into 46 CFR 8.110(b).
PART 91--INSPECTION AND CERTIFICATION
7. The authority citation for part 91 continues to read as follows:
Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR
1971--1975 Comp., P. 793; 49 CFR 1.46.
8. Revise Sec. 91.15-5(b) to read as follows:
Sec. 91.15-5 Alternate compliance.
(a) * * *
(b) For the purposes of this section, a list of authorized
classification societies, including information for ordering copies of
approved classification society rules and supplements, is available
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved
classification society rules and supplements are incorporated by
reference into 46 CFR 8.110(b).
PART 107--INSPECTION AND CERTIFICATION
9. The authority citation for part 107 continues to read as
follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; 46 U.S.C. 3316, as
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 5115;
49 CFR 1.45, 1.46; Sec. 107.05 also issued under authority of 44
U.S.C. 3507.
10. Revise Sec. 107.205(b) to read as follows:
Sec. 107.205 Alternate compliance.
(a) * * *
(b) For the purposes of this section, a list of authorized
classification societies, including information for ordering copies of
approved classification society rules and supplements, is available
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax
[[Page 30440]]
(202)267-4816. Approved classification society rules and supplements
are incorporated by reference into 46 CFR 8.110(b).
Dated:May 21, 1999.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 99-14087 Filed 6-7-99; 8:45 am]
BILLING CODE 4190-15-P
