[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7360-7361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3998]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 199

[CGD 84-069]
RIN 2115-AB72


Lifesaving Equipment

AGENCY: Coast Guard, DOT.

ACTION: Interim rule, partial suspension; request for comments.

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SUMMARY: On May 20, 1996 the Coast Guard published an interim rule 
revising the lifesaving equipment regulations for U.S. inspected 
vessels. The interim rule included provisions for vessels not on 
international routes to comply with certain new requirements by October 
1, 1997 and October 1, 2001. The Coast Guard has received comments 
concerning the regulatory analysis for the interim rule which may lead 
to changes to the lifesaving requirements in the final rule. To prevent 
any economic expenditures based on the interim rule which might not be 
necessary under the final rule, the Coast Guard is suspending the 
implementation requirements for certain provisions in the interim rule. 
The Coast Guard requests comments on the economic impacts of the 
lifesaving requirements covered by the partial suspension.

DATES: The suspension of Sec. 199.10(i)(1) (i), (ii) and (iii) is 
effective February 19, 1997. Comments must be received on or before 
April 21, 1997.

ADDRESSES: Mail comments to the Executive Secretary, Marine Safety 
Council (G-LRA) [CGD 84-069], U.S. Coast Guard Headquarters, 2100 
Second

[[Page 7361]]

Street SW., Washington, DC 20593-0001 or deliver them 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 if (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:
Mr. Robert Markle, Chief, Lifesaving and Fire Safety Standards Division 
(G-MSE-4), U.S. Coast Guard Headquarters, 2100 Second Street SW., 
Washington, DC 20593-0001, telephone (202) 267-1444, fax (202) 267-
1069, E-mail ``[email protected].'' Normal office hours are 
between 8 a.m. and 5 p.m.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The regulatory history for this rulemaking is set out in the 
preamble of the interim rule entitled Lifesaving Equipment (61 FR 
25272; May 20, 1996).

Reason for Partial Suspension

    After publication of the interim rule, the Coast Guard received 
comments, particularly from the passenger vessel industry, expressing 
concerns about the new lifesaving requirements for vessels not on 
international voyages. Passenger vessel industry comments stated that 
requirements to carry additional lifesaving equipment could not be 
justified in view of the excellent safety record of these vessels. The 
comments also questioned the validity of the regulatory analysis 
supporting these requirements.
    The Coast Guard understands that owners of some vessels affected by 
the new lifesaving requirements may be planning purchases of equipment 
or changes in manning to meet the October 1, 1997, implementation date 
and may even be planning modifications to meet the October 1, 2001, 
implementation date. The review of comments and reassessment of the 
regulatory evaluation will probably justify some changes in the final 
rule. To prevent any economic expenditures in reliance on the interim 
rule which may prove unnecessary upon publication of the final rule, 
the Coast Guard is suspending the implementation provisions in 
Secs. 199.10(i)(1) (i) through (iii) until issuance of the final rule. 
Since the suspended provisions apply only to requirements which were 
new at the interim rule stage, this partial suspension will effectively 
leave existing vessels operating in accordance with their existing 
Certificate of Inspections until the final rule and its implementation 
schedule are published.
    The Coast Guard also received comments questioning the application 
of lifesaving requirements to passenger vessels built after October 1, 
1996. The Coast Guard is also reassessing lifesaving requirements for 
these new vessels which will be operated on other than international 
voyages. If you are presently building a new vessel or considering 
lifesaving equipment requirements for new construction, you are 
encouraged to contact your local Officer in Charge of Marine Inspection 
for an appropriate exemption under 46 CFR 199.20(d). You are also 
encouraged to comment on the application of lifesaving equipment 
requirements to newly constructed vessels operating on other than 
international voyages. The Coast Guard will consider all comments 
received during the comment period. It may change 46 CFR 199.10 based 
on the comments.

Small Business Compliance Guidance

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, the Coast Guard wants to provide 
small entities with assistance in understanding this rule so they can 
better evaluate its effects on them and participate in the rulemaking 
process.
    If you are a small business affected by this rule and have 
questions concerning its provisions or options for compliance, please 
contact your local Officer in Charge, Marine Inspection, for 
assistance.

Request for Comments

    The Coast Guard encourages interested persons to submit specific 
comments limited to the requirements in 46 CFR 199.10 as they apply to 
new and existing passenger vessels on other than international voyages. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD 84-069] and the specific section of the 
interim rule 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 plans no additional public meetings.

Regulatory Process Considerations

    Although the interim rule is not a significant regulatory action 
under section 3(f) of Executive Order 12866, due to its nature, it was 
reviewed by the Office of Management and Budget (OMB) under that order. 
This action will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) and 1996 amendments (enacted as Chapter 8 of 
Title 5, U.S.C.). This interim rule will have no effect on the 
environment and it is categorically excluded from further environmental 
documentation in accordance with section 2.B.2.34(e) of the NEPA 
Implementing Procedures, COMDTINST M16475.1B. If you are a small 
business affected by the interim rule or this partial suspension, you 
are encouraged to submit comments to the docket concerning the economic 
impact of these actions. The final rule will address any economic 
impacts, including impacts on small businesses, if any.

List of Subjects in 46 CFR Part 199

    Cargo vessels, Incorporation by reference, Marine safety, Oil and 
gas exploration, Passenger vessels, Reporting and recordkeeping 
requirements, Vessels.

    For the reasons set out in the preamble, the Coast Guard is 
amending 46 CFR part 199 as follows:

PART 199--LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

    1. The authority citation for part 199 continues to read as 
follows:

    Authority: 46 U.S.C. 3306, 3703; 46 CFR 1.46.

Sec. 199.10  [Amended]

    2. In Sec. 199.10 paragraphs (i)(1) (i) through (iii) are 
suspended.

    Dated: February 12, 1997.
J. C. Card,
Rear Admiral, U.S. Coast Guard Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 97-3998 Filed 2-18-97; 8:45 am]
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