[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35963-35964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17461]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 42

[CGD 96-006]
RIN 2115-AF29


Extension of Great Lakes Load Line Certificate

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is revising the 
limit on the number of days that a Great Lakes Load Line Certificate 
extension may be granted from 90 days to 365 days. This action is taken 
to extend the Great Lakes load line certificate interval from the 
current 5 years and 90 days maximum interval to a 6-year maximum 
interval.

DATES: This rule is effective on October 7, 1996, unless the Coast 
Guard receives written adverse comments or written notice of intent to 
submit adverse comments on or before September 9, 1996. If such 
comments or notice are received, the Coast Guard will withdraw this 
direct final rule, and a timely notice of withdrawal will be published 
in the Federal Register.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 96-006), 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 9:30 a.m. and 2 
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 9:30 a.m. and 2 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
LCDR Mark R. DeVries, G-MOC, (202) 267-0009.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    Any comments must identify the names and address of the person 
submitting the comment, specify the rulemaking docket (CGD 96-006) and 
the specific section of this rule to which each comment applies, and 
give the reason for each specific comment. Please submit two copies of 
all comments and attachments in an unbound format, no larger than 8+ by 
11 inches, suitable for copying and electronic filing. 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 comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days prior to the effective date, the 
Coast Guard will publish a notice 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 
written adverse comment or written notice of intent to submit adverse 
comment, the Coast Guard will publish a notice in the final rule 
section of the Federal Register to announce withdrawal of all or part 
of this direct final rule. If adverse comments apply to only part of 
this rule, and it is possible to remove that part without defeating the 
purpose of this rule, the Coast Guard may adopt as final those parts of 
this rule on which no adverse comments were received. The part of this 
rule that was the subject of adverse comment will be withdrawn. If the 
Coast Guard decides to proceed with a rulemaking following receipt of 
adverse comments, a separate notice of proposed rulemaking (NPRM) will 
be published and a new opportunity for comment provided.
    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

    Before 1973, the load line intervals for vessels operating on the 
Great Lakes was 6 years in length. In 1973, the load line regulations 
were revised and the 6-year interval was reduced to 5 years with a 
provision to allow for a 90-day extension. The reduction in the 
interval was because of the higher frequency and shorter length of 
Great Lakes voyages, the presumed safety risks resulting from the 
increased amount of dockings, and the Great Lakes climatic conditions.
    This assumption has proven to be incorrect. The Lake Carriers' 
Association, whose membership includes the operators of 59 U.S.-Flag 
freightships on the Great Lakes, has

[[Page 35964]]

been able to provide 20 years of data to dispute the additional risk 
assumption. The Coast Guard agrees that the data does not support the 
presumption of higher safety risks.
    Instead, the reduction in the Great Lakes load line certificate 
interval caused an unnecessary increased financial burden on the 
industry without the benefit of an increase in the level of safety. It 
created this increase in costs by causing more frequent drydockings and 
reducing the number of days available to carry cargo. This rule will 
avoid unnecessary costs to the industry by providing for extensions of 
Great Lakes load line certificate intervals up to 365 days for 
qualifying Great Lakes vessels.

Discussion of Rules

    This rule revises 46 CFR Part 42 by changing the limit on the 
number of days that a Great Lakes load line certificate may be extended 
from 90 days to 365 days. This expands the Great Lakes load line 
certificate interval to a maximum interval of 6 years, including 
allowable extensions.

Regualtory 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. 
This rule impacts only vessel owners and operators in possession of a 
Great Lakes Load Line Certificate, and will result in cost savings to 
vessels receiving an extension of this certificate by allowing vessel 
owners and operators greater flexibility in the coordination and 
scheduling of required examinations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``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 of less than 50,000.
    This rule will create cost savings for vessel owners and operators 
in possession of a great Lakes load line certificate without additional 
costs to other small entities. Therefore, the Coast Guard finds that 
this rule will not have a significant economic impact on a substantial 
number of small entities. Any comments submitted in response to this 
finding will be evaluated under the criteria described earlier in the 
preamble for comments.

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 paragraph 2.B.2 of Commandant Instruction 
M16475.1B, as revised by 59 FR 38654, July 29, 1994, this rule is 
categorically excluded from further environmental documentation. 
Section 2.B.2.e(34)(d) of that instruction excludes ``regulations 
concerning manning, documentation, admeasurement, inspection, and 
equipping of vessels.'' A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 46 CFR Part 42

    Penalties, Reporting and record keeping requirements, Vessels.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR part 42 as follows:

PART 42--DOMESTIC AND FOREIGN VOYAGES BY SEA

    1. The authority citation for part 42 continues to read as follows:

    Authority: 46 U.S.C. 2103; 49 CFR 1.45, 1.46; section 42.01-5 
also issued under the authority of 44 U.S.C. 3507.

    2. In Sec. 42.07-45, paragraph (d)(2) introductory text is revised 
to read as follows:


Sec. 42.07-45  Loan line certificates.

* * * * *
    (d) * * *
    (2) A Great Lakes certificate is issued for 5 years and may be 
extended by the Commander, Ninth Coast Guard District, up to 365 days 
from date of the--
* * * * *
    Dated: July 2, 1996.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Marine Safety and Environmental 
Protection.
[FR Doc. 96-17461 Filed 7-8-96; 8:45 am]
BILLING CODE 4910-14-M