[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Proposed Rules]
[Pages 38141-38142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18819]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 28

[CGD 88-079]
RIN 2115-AD12


Implementation of the Commercial Fishing-Industry Vessel 
Regulations

AGENCY: Coast Guard, DOT.

ACTION: Notice of termination of proposed rule.

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SUMMARY: This rulemaking project was initiated to address all 
applicable provisions of the Commercial Fishing Industry Vessel Safety 
Act of 1988. The Coast Guard addressed all these provisions with the 
exception of two, immersion suits and vessel stability. Because these 
issues were controversial, the Coast Guard delayed developing 
regulations covering them so that other provisions of the Act could 
proceed. Since that time, new issues pertaining to commercial fishing 
vessel safety have been identified. The Coast Guard believes it to be 
in the fishing industry's best interest to develop only one set of 
regulations to include immersion suits, vessel stability, and all newly 
identified commercial fishing industry issues. The Coast Guard intends 
to terminate this docket [89-079], and create a new docket to resolve 
the remaining issues.

DATES: This notice is effective July 15, 1998.
ADDRESSES: You may mail comments to the Docket Management facility, 
[USCG 89-079], U.S. Department of Transportation, room PL-401, 400 
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza Level of the Nassif Building at the same 
address, between 10 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 
request for information. Comments, and documents as indicated in this 
preamble, are part of this docket and will be available for inspection 
or copying at room PL-401, located on the Plaza level of the Nassif 
Building at the same address, between 10 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 information on the public docket, call Carol Kelley, Coast Guard 
Dockets

[[Page 38142]]

Team Leader, or Paulette Twine, Chief, Documentary Services Division, 
U.S. Department of Transportation, telephone 202-366-9329. For 
information concerning the notice of termination, contact Lieutenant 
Commander Randy Clark, Office of Operating and Environmental Standards 
(G-MSO), telephone 202-267-0836.

SUPPLEMENTARY INFORMATION: 

Commercial Fishing Industry Vessel Safety Act of 1988

    On September 9, 1988, chapter 45 (Uninspected Commercial Fishing 
Industry Vessels, sections 4501 through 4508) of title 46 United States 
Code, was amended by the Commercial Fishing Industry Vessel Safety Act 
of 1988, Pub. L. 100-424 (the Act). The Act requires the Secretary of 
Transportation to prescribe regulations for safety equipment and vessel 
operating procedures on commercial fishing industry vessels. The 
Secretary delegated this authority to regulate commercial fishing 
vessels to the Commandant of the Coast Guard.

Rulemakings Developed Under the Act

    Under the Act, several rulemakings emerged. On 14 August 1991, a 
final rule entitled, ``Commercial Fishing Industry Vessel Regulations'' 
was published in the Federal Register (56 FR 40364). The regulations 
are for U.S. documented or state numbered uninspected fishing, fish 
processing, and fish tender vessels. The provisions established 
requirements for navigation; radio; firefighting and lifesaving 
equipment; fuel, ventilation, and electrical systems; as well as the 
original requirements for immersion suits.
    On 3 August 1992, the Coast Guard published an interim final rule 
in the Federal Register (57 FR 34188). As a result of the public 
comments, the rule removed the requirements for vessels to carry 
immersion suits for each individual on board both undocumented 
commercial fishing industry vessels operating on coastal waters that 
are only seasonably cold and documented commercial fishing industry 
vessels operating inside the Boundary Line on coastal waters that are 
only seasonably cold.
    On 20 May 1993, the Coast Guard published a notice of proposed 
rulemaking entitled, ``Immersion Suits for Documented and Undocumented 
Commercial Fishing Industry Vessels Operating on Coastal Waters that 
are Seasonably Warm'' in the Federal Register (58 FR 29502). This 
rulemaking proposed the reinstatement of the original requirements 
published in the final rule on 3 August 1992. The proposed action was a 
result of consultation between the Coast Guard and the Commercial 
Fishing Industry Vessel Advisory Committee.
    Throughout the notice and comment process for all of the 
rulemakings, significant controversy was identified concerning the 
provisions affecting immersion suits and vessel stability. Because of 
this controversy, the Coast Guard recognized that regulatory action 
would not occur in a timely fashion. Consequently, requirements 
covering immersion suits and vessels stability were held in abeyance so 
that other provision of the Act could proceed.
    On 24 October 1995, the Coast Guard published a final rule in the 
Federal Register (60 FR 54441) to address the requirements of the 
Aleutian Trade Act [Pub. L. 101-595].
    On 4 September 1997, the Coast Guard published a final rule 
entitled, ``Commercial Fishing Industry Vessel Regulations'' in the 
Federal Register (62 FR 46672). This rule established requirements for 
safety equipment and vessel operating procedures on commercial fishing 
industry vessels to improve their overall safety.
    Since that time, other issues pertaining to commercial fishing 
vessel safety have been identified. The Coast Guard has determined that 
it can most effectively develop regulations for immersion suits, vessel 
stability, and other newly identified issues by initiating a new 
rulemaking under a new docket number.

    Dated: May 18, 1998.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 98-18819 Filed 7-14-98; 8:45 am]
BILLING CODE 4910-15-M