[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Rules and Regulations]
[Pages 47402-47404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22213]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 69
[USCG-1999-5118]
RIN 2115-AF76
Standard Measurement System Exemption from Gross Tonnage
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: By this direct final rule, the Coast Guard amends its vessel
tonnage regulations to reinstate a previously allowed method of holding
tonnage opening cover plates in place. This amendment will increase
flexibility and can decrease costs in vessel design and construction,
while in no way diminishing vessel safety. The reinstated method was
omitted in error during a comprehensive revision of the tonnage
regulations in 1989.
DATES: This rule is effective November 29, 1999, unless a written
adverse comment, or written notice of intent to submit an adverse
comment, reaches the Docket Management Facility on or before November
1, 1999. If an adverse comment, or notice of intent to submit an
adverse comment, is received, the Coast Guard will withdraw this direct
[[Page 47403]]
final rule and publish a timely notice of withdrawal in the Federal
Register.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG-1999-5118),
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,
Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
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, 400
Seventh Street SW., Washington, DC, between 9 a.m., and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Mr.
Peter Eareckson, Marine Safety Center, Coast Guard, telephone 202-366-
6441. For questions on viewing or submitting material to the docket,
call Dorothy Walker, Chief, Dockets, Department of Transportation,
telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related material. If you do so, please include
your name and address, identify the docket number for this rulemaking
(USCG-1999-5118), indicate the specific section of this document to
which each comment applies, and give the reason for each comment. You
may submit your comments and material by mail, hand delivery, fax, or
electronic means to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this rule in
view of them.
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, we 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 we receive a written adverse
comment or written notice of intent to submit an adverse comment, we
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 only part of this rule and it is possible to remove that part
without defeating the purpose of this rule, we may adopt as final those
parts of this rule on which no adverse comment was received. The part
of this rule that was the subject of an adverse comment will be
withdrawn. If we decide to proceed with a rulemaking following receipt
of an adverse comment, we 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 Discussion of Changes
Coast Guard tonnage regulations in 46 CFR part 69, subpart C,
provide exemptions from gross tonnage for superstructure spaces open to
the weather. To qualify the associated space as open to weather, the
end bulkhead is fitted either with shifting boards dropped into channel
sections or with a temporary coverplate or boards held in place with
hook bolts meeting the specific criteria stated in 46 CFR 69.117(d).
Before 1989, the tonnage regulations allowed a bolting and crosspiece
holding arrangement to keep the boards/plates in place. This
alternative arrangement effectively ``sandwiched'' the associated
bulkhead between the boards/plates and crosspieces. In a 1989
rulemaking (54 FR 37657, September 12, 1989), we revised and clarified
the tonnage measurement regulations in 46 CFR part 69 without
``substantive change not called for under Public Law 99-509'' (which
revised and consolidated the tonnage measurement laws into a new part J
of 46 U.S.C. subtitle II). In revising part 69, we omitted this
alternative holding method in error.
Recently the Coast Guard received complaints from vessel designers
and builders that the deletion of the bolting and crosspiece option for
tonnage opening covers reduced flexibility and increased costs in
vessel design and construction with no advantage in safety or function.
These complaints prompted the Coast Guard to review the 1989
rulemaking. We found that Public Law 99-509, the basis for the 1989
rule, did not address tonnage openings, and no Coast Guard records
indicate any disadvantages to the bolting and crosspiece arrangement
alternative. Our review determined that the bolting and crosspiece
arrangement option was omitted in error during the 1989 rulemaking. We
are reinstating this option by amending 46 CFR 69.117(d) and (e)
accordingly. Additionally, we are making several editorial changes to
this section to improve clarity. Paragraphs (d)(2) and (e)(3) are
amended to add references to newly revised paragraphs (d)(5) and
(d)(6).
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. The
Office of Management and Budget has not reviewed it 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). We expect 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.
This rule will not impose any additional costs on industry. The
reinstatement of the bolting and crosspiece arrangement, which was
deleted in error in 1989, will allow for increased flexibility in
vessel design and construction, while in no way diminishing vessel
safety. This
[[Page 47404]]
regulation will make the use of the bolting and crosspiece arrangement,
already an accepted industry practice, a legal alternative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises 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 regulation will not add any additional costs to industry and
will give industry increased flexibility in vessel design and
construction. 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.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist
small entities in understanding this rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If your small business or organization is affected by this rule and you
have questions concerning its provisions or options for compliance,
please contact Mr. Peter Eareckson, Marine Safety Center, Coast Guard,
telephone 202-366-6441.
Collection of Information
This rule will call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
We have analyzed this rule under E.O. 12612 and have determined
that this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act and Enhancing the Intergovernmental
Partnership
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093,
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This rule will not impose an
unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraphs (34)(d) and (e) of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 46 CFR Part 69
Measurement standards, Reporting and recordkeeping requirements,
Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 69 as follows:
PART 69--STANDARD MEASUREMENT SYSTEM EXEMPTION FROM GROSS TONNAGE
1. The authority citation for part 69 continues to read as follows:
Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.
2. In Sec. 69.117--
a. In paragraph (d)(2) introductory text, remove the words
``paragraph (d)(4)'' and add, in their place, the words ``paragraphs
(d)(4), (d)(5), and (d)(6)'';
b. Revise paragraph (d)(4) to read as follows;
c. Redesignate paragraph (d)(5) as paragraph (d)(7);
d. Add new paragraphs (d)(5) and (d)(6) to read as follows; and
e. In paragraph (e)(3), remove the words ``paragraph (d)(4)'' and
add, in their place, the words ``paragraphs (d)(4), (d)(5), and
(d)(6)'':
Sec. 69.117 Spaces exempt from inclusion in gross tonnage.
* * * * *
(d) * * *
(4) An interior or exterior opening that is temporarily closed by
shifting boards dropped into channel sections at the sides of the
opening is considered open to the weather if battening, caulking, or
gaskets of any material are not used.
(5) An interior or exterior opening that is temporarily closed by
cover plates or boards held in place only by hook bolts (see
Sec. 69.123, Figure 12) is considered open to the weather--
(i) If hook bolts used to secure cover plates or boards are spaced
at least one foot apart and hook over a stiffener installed around the
perimeter of the opening;
(ii) If the cover plates or boards fit tightly against the
bulkhead; and
(iii) If battening, caulking, or gaskets of any material are not
used.
(6) An interior or exterior opening that is temporarily closed by
cover plates or boards held in place only by bolts and crosspieces is
considered open to the weather--
(i) If the bolts are not installed through the bulkhead;
(ii) If the bolts and crosspieces are not held in place by cleats
or other attachments to or through the bulkhead;
(iii) If the cover plates or boards fit tightly against the
bulkhead; and
(iv) If battening, caulking, or gaskets of any material are not
used.
* * * * *
Dated: August 19, 1999.
Joseph J. Angelo,
Director of Standards, Marine Safety and Environmental Protection.
[FR Doc. 99-22213 Filed 8-30-99; 8:45 am]
BILLING CODE 4910-15-P
