[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Proposed Rules]
[Pages 13472-13474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7332]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
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 proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: In keeping with the National Performance Review, the Coast 
Guard proposes to amend its testing procedures for obstruction lights 
and fog signals on Outer Continental Shelf facilities. Presently, 
manufacturers of lighting equipment must forward an application to each 
of the ten Coast Guard districts for approval. Fog signal equipment 
manufacturers must schedule and pay for Coast Guard representatives to 
observe their tests. This proposal would allow independent laboratories 
to conduct the tests using Coast Guard approved procedures. This would 
improve the quality control of the tests, reduce the administrative 
burden on the pubic, and minimize the cost to the Coast Guard.

DATES: Comments are requested by April 26, 1996.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 95-052), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LTJG Chad Asplund, Short Range Aids to Navigation Division, (202) 267-
1386.

SUPPLEMENTARY INFORMATION: 

Requests 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 (CGD 95-052) and the specific section of this 
proposal to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comments period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and

[[Page 13473]]
place announced by a later notice in the Federal Register.

Regulatory History

    On January 10, 1996, the Coast Guard published a notice requesting 
comments in the Federal Register (61 FR 708). Interested persons were 
given until February 12, 1996, to submit comments. The Coast Guard 
received six letters commenting on the questions raised in the notice. 
Five of the letters came from owners of offshore structures and one 
letter came from an independent laboratory.
    The January 10, 1996, notice asked questions about whether (1) the 
flash characteristics of obstruction lights should be changed from a 
quick-flashing rhythm to a Morse ``U'', (2) the candlepower 
requirements on obstruction lighting should be adapted to the new 
transmissivity tables developed by the Coast Guard, and (3) lights and 
fog signals should be tested by independent laboratories rather than by 
the Coast Guard. The Coast Guard has determined that more time is 
needed to study issues (1) and (2) and may address them in a future 
rulemaking project. This rulemaking is limited to issue (3).

Background and Purpose

    The existing 33 CFR 67.05-10 states that manufacturers of lights 
must have their equipment approved by the District Commander and a 
permit must be issued before the equipment can be distributed. 
Currently the manufacturer must apply to each Coast Guard district in 
which the lights are to be operated. This proposal would amend this 
provision to require that the tests be conducted by an independent 
laboratory in accordance with Coast Guard procedures. The manufacturer 
would then forward one application and the test results of the 
independent laboratory to Commandant (G-NSR), U.S. Coast Guard, 2100 
2nd Street SW., Washington, DC, 20593, for review.
    Under 33 CFR 67.10-20, manufacturers of fog signals must apply to 
the Coast Guard and schedule to have a Coast Guard representative 
observe the test procedure. The test must be completed using equipment 
supplied and calibrated by the Coast Guard. The manufacturer must also 
bear the cost of Coast Guard personnel and test equipment. This 
requirement would be changed to require independent laboratories to 
conduct fog signal tests in accordance with existing Coast Guard 
procedures.
    The amendments would relieve the financial and administrative 
burden from both the public and the government.

Discussion of Comments on Testing by Independent Laboratories

    The comments were generally favorable towards this change. The 
consensus was that independent laboratory testing would improve quality 
and reduce the costs and administrative burden associated with 
inspection. However, one company commented that the existing procedures 
are adequate. In light of the favorable response to the testing issue, 
the Coast Guard is pursuing this change in this rulemaking project.

Discussion of Proposed Rules

    (1) Proposed Sec. 67.05-30 would be added to require testing of 
lights by independent laboratories. One sample of each product model 
would be tested. Once approved, the manufacturer and model numbers 
would be placed on a Coast Guard approved list which would be made 
available to the public. Information regarding testing procedures may 
be obtained from Commandant (G-NSR), U.S. Coast Guard, 2100 Second 
Street SW., Washington, DC 20593-0001.
    (2) Existing Sec. 67.10 would be amended to require testing of fog 
signals by independent laboratories. This procedure would be similar to 
that used for lights. One sample of each product model would be tested. 
Once approved, the manufacturer and model numbers would be placed on a 
Coast Guard approved list which would be made available to the public. 
Information regarding testing procedures may be obtained from 
Commandant (G-NSR), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.
    (3) Section 67.10-25, Application for tests, would be removed 
because of the proposed changes to Sec. 67.10-20.

Regulatory Evaluation

    This proposal 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 regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11010; February 26, 
1979).
    The Coast Guard expects the economic impact of this proposal to be 
minimal enough that a full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary. The cost 
of testing each model of light by an independent laboratory is 
approximately $500.00 per test. This is an initial cost to the 
manufacturer and will only apply to the production sample tested. Once 
the sample passes the tests, its manufacturer and model numbers are 
placed on the approved list. Many manufacturers of lighting equipment 
are already using independent laboratories to conduct tests, and, 
therefore, would not incur additional costs.
    The cost for testing fog signal equipment will be greatly reduced. 
Presently, the manufacturer has to bear all expenses of conducting the 
test including all expenses of the U.S. Government in sending a Coast 
Guard representative to the test. The expense to the manufacturer for 
Coast Guard personnel to observe a test is approximately $2,000.00. By 
having an independent laboratory conduct the test without Coast Guard 
representatives, manufacturers would save a minimum of $2,000.00. 
Manufacturers would submit one production sample to an independent 
laboratory for testing. Once the sample passes the tests, its 
manufacturer and model numbers are placed on an approved list. 
Manufacturers will see a significant savings by having independent 
laboratories conduct tests.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations less than 50,000.
    Small entities would not be affected by this proposal. The 
manufacturers of lighting and fog signal equipment are large 
corporations. If anything, small entities would benefit from this 
proposal by creating jobs for small independent laboratories. Because 
it expects the impact of this proposal to be minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this proposal will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposal will economically 
effect it.

[[Page 13474]]


Collection of Information

    This proposal 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 proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under paragraph 2.B.2.e(34)(a) of 
Commandant Instruction M16475.1B, this proposal is categorically 
excluded from further environmental documentation. Revision of the 
testing procedures for lighting and fog signal equipment will have no 
effect on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 67

    Continental shelf, Navigation (water), Reporting and recording 
requirements.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 67 as follows:

PART 67--AIDS TO NAVIGATION ON ARTIFICIAL ISLANDS AND FIXED 
STRUCTURES

    1. The authority citation for part 67 continues to read as follows:

    Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; 49 CFR 1.46.

    2. In subpart 67.05, Sec. 67.05-30 is added to read as follows:


Sec. 67.05-30  Testing of obstruction lights.

    Each obstruction light must be tested by an independent laboratory 
to ensure that it meets or exceeds the requirements in subparts 67.20, 
67.25, and 67.30 of this part for the class of structure on which it is 
to be used. Information on the test procedure may be obtained from 
Commandant (G-NSR), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.
    3. Section 67.10-30 is revised to read as follows:


Sec. 67.10-20  Fog signal tests.

    Each fog signal must be tested by an independent laboratory to 
ensure that it meets the required sound pressure levels in table A of 
this section. Information on the test procedure may be obtained from 
Commandant (G-NSR), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593-0001.


Sec. 67.10-25  [Removed]

    4. Section 67.10.25 is removed.

    Dated: March 15, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, and Waterway Services.
[FR Doc. 96-7332 Filed 3-26-96; 8:45 am]
BILLING CODE 4910-14-M