[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30437-30440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14087]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Parts 8, 31, 71, 91, and 107

[USCG-1999-5004]
RIN 2115-AF74


Alternate Compliance Program; Incorporations by Reference

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is amending part 8 
of Title 46, Code of Federal Regulations, to add recently approved 
incorporations by reference. We also insert the address and telephone 
numbers of the Coast Guard office identified in several parts as the 
source for additional information to facilitate our Alternate 
Compliance Program. This rule makes no substantive changes to current 
regulations. It enables continuation of the Alternate Compliance 
Program (ACP), which was developed to reduce redundant vessel 
inspections without jeopardizing safety. The final rule on the ACP was 
published in the Federal Register (62 FR 67526) on December 24, 1997.

DATES: This rule is effective on September 7, 1999, unless a written 
adverse comment, or written notice of intent to submit an adverse 
comment, reaches the Docket Management Facility on or before August 9, 
1999. If an adverse comment, or notice of intent to submit an adverse 
comment, is received, the Coast Guard will withdraw this direct final 
rule and publish a timely notice of withdrawal in the Federal Register.

ADDRESSES: You may mail your comments to the Docket Management 
Facility, (USCG-1999-5004), U.S. Department of Transportation, room PL-
401, 400 Seventh Street SW., Washington DC 20590-0001, or deliver them 
to room PL-401 on the Plaza level of the Nassif Building at the same 
address between 9 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 rulemaking. 
Comments, and documents as indicated in this preamble, 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 at the same address 
between 9 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 questions on this rule, contact 
Jaideep Sirkar, Naval Architecture Division (G-MSE-2), via: E-mail 
[email protected]; telephone (202) 267-6925; or fax (202) 267-
4816. For questions on viewing, or submitting material to, the docket, 
contact Carol Walker, Chief, Dockets, Department of Transportation, 
telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request 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 (USCG-1999-5004) and the specific section of 
this document to which each comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing to the Docket Management Facility at the address 
under ADDRESSES. 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 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, the 
Coast Guard 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 the Coast Guard receives a 
written adverse comment or written notice of intent to submit an 
adverse comment, the Coast Guard 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 an amendment, paragraph, or 
section of this rule and it is possible to remove that provision 
without defeating the purpose of this rule, the Coast Guard may adopt 
as final those parts of this rule on which no adverse comment was 
received. The provision of this rule that was the subject of an adverse 
comment will be withdrawn. If the Coast Guard decides to proceed with a 
rulemaking following receipt of an adverse comment, the Coast Guard 
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 Purpose

    Under regulations in 46 CFR parts 8, 31, 71, 91, and 107, owners 
and operators may submit their vessels for inspection by a recognized 
classification society. The classification society surveys such vessels 
and documents compliance with applicable international requirements, 
class rules, and its U.S. supplement. The cognizant U.S. Coast Guard 
Officer in Charge, Marine Inspection, may then issue certificates of 
inspection based upon classification society reports documenting 
vessels are classed and that they comply with all applicable 
requirements.

Discussion of Rule

    This rule does not change any substantive requirements of existing 
regulations. The purpose of this

[[Page 30438]]

rulemaking is to add several recently approved sets of classification 
society rules and the supplements for these rules to the ACP 
regulations. Adding these rules and supplements through incorporation 
by reference is essential for the continued viability and validity of 
the ACP regulations.

Incorporation by Reference

    The Director of the Federal Register has approved the material in 
46 CFR 8.110(b) for incorporation by reference under 5 U.S.C. 552 and 1 
CFR part 51. You may inspect all material at the Office of the Federal 
Register, 800 North Capitol St., NW., Suite 700, Washington, DC and at 
the U.S. Coast Guard, Office of Design and Engineering Standards (G-
MSE), 2100 Second St., SW., Washington, DC 20593-0001. You may obtain 
copies from either the American Bureau of Shipping (ABS)-Two World 
Trade Center, 106th Floor, New York, NY 10048, or Lloyd's Register of 
Shipping (LR)-100 Leadenhall Street, London EC3A 3BP.

              Statutes and Orders on the Regulatory Process
------------------------------------------------------------------------
                                  Does the statute or    If so, where do
                                   order require an      we discuss the
       Statute or order          analysis or statement     analysis or
                                 for this rulemaking?      statement?
------------------------------------------------------------------------
Regulatory Planning and Review  Yes...................  See ``Regulatory
 (Analysis of costs and                                  Evaluation'' in
 benefits)--E.O. 12866; DOT                              this preamble.
 Order 2100.5.
Civil Justice Reform--E.O.      No. This rule meets
 12988.                          the applicable
                                 standards in E.O.
                                 12988, sections 3(a)
                                 and (b)(2), to
                                 minimize litigation,
                                 eliminate ambiguity,
                                 and reduce burden.
Regulatory Flexibility Act--5   Yes...................  See ``Small
 U.S.C. 604(a) and 605(b).                               Entities'' in
                                                         this preamble.
Paperwork Reduction Act of      No. This rule contains
 1995--44 U.S.C. 3501-3520.      no new collection-of-
                                 information
                                 requirements.
Federalism--E.O. 12612........  No. This rule does not
                                 have sufficient
                                 implications for
                                 federalism to warrant
                                 the preparation of a
                                 Federalism Assessment.
Unfunded Mandates Reform Act    No. No written
 of 1995, sec. 202--2 U.S.C.     statement is
 1532.                           necessary because
                                 this rule does not
                                 impose an unfunded
                                 mandate that may
                                 result in the
                                 expenditure of $100M
                                 or more in any one
                                 year.
Enhancing the                   No. This rule does not
 Intergovernmental Partnership   impose on any State,
 (unfunded mandates for State,   local, or tribal
 local, or tribal                government a mandate
 governments)--E.O. 12875.       that is not required
                                 by statute and that
                                 is not funded by the
                                 Federal government.
Interference with               No. This rule does not
 Constitutionally Protected      effect a taking of
 Property Rights (taking of      private property or
 private property)--E.O. 12630.  otherwise have taking
                                 implications under
                                 E.O. 12630.
Protection of Children from     No. This rule is not
 Environmental Health Risks      an economically
 and Safety Risks--E.O. 13045.   significant rule and
                                 does not concern an
                                 environmental risk to
                                 health or a risk to
                                 safety
                                 disproportionately
                                 affecting children.
National Environmental Policy   Yes...................  See
 Act--42 U.S.C. 4321-4347.                               ``Environment''
                                                         in this
                                                         preamble.
------------------------------------------------------------------------

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. 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. It 
will not impose any costs on the public, because it enables a voluntary 
alternative to another prescribed method of inspection.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include 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 rule does not change any requirements in the regulations. 
It is simply updating information to facilitate continuation of the 
Coast Guard's existing Alternate Compliance Program. 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.

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 figure 2-1, paragraphs (34) (d) and (e) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation. This exclusion is in 
accordance with section 2.B.2. and figure 2-1 concerning regulations 
that are based on vessel inspection and equipment aspects. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection

[[Page 30439]]

or copying where indicated under ADDRESSES.

List of Subjects

46 CFR Part 8

    Administrative practice and procedure, Incorporation by reference, 
Organization and functions (Government agencies), Reporting and 
recordkeeping requirements.

46 CFR Part 31

    Marine safety, Reporting and recordkeeping requirements, Tank 
vessels.

46 CFR Part 71

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

46 CFR Part 91

    Cargo vessels, Marine safety, Reporting and recordkeeping 
requirements.

46 CFR Part 107

    Marine safety, Oil and gas exploration, Reporting and recordkeeping 
requirements, Vessels.

    For the reasons set out in the preamble, under the authority of 46 
U.S.C. 3306, the Coast Guard amends 46 CFR parts 8, 31, 71, 91, and 107 
as follows:

PART 8--VESSEL INSPECTION ALTERNATIVES

    1. The authority citation for part 8 continues to read as follows:

    Authority: 46 U.S.C. 3306; 46 U.S.C. 3316, as amended by Sec. 
607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703; 49 CFR 1.45, 
1.46.

    2. Revise Sec. 8.110(b) to read as follows:


Sec. 8.110  Incorporation by reference.

    (a) * * *
    (b) The material incorporated by reference in this subchapter and 
the sections affected are as follows:

American Bureau of Shipping (ABS)--Two World Trade Center, 106th Floor, 
New York, NY 10048.
    Rules for Building and Classing Steel Vessels, 1996--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Steel Vessels, 1997--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Steel Vessels, 1998--31.01-3(b), 
71.15-5(b), 91.15-5(b)
    Rules for Building and Classing Mobile Offshore Drilling Units, 
1998--107.205(b)
    U. S. Supplement to ABS Rules for Steel Vessels for Vessels on 
International Voyages, 21 October 1996--31.01-3(b), 71.15-5(b), 91.15-
5(b)
    U.S. Supplement to ABS Rules for Steel Vessels for Vessels on 
International Voyages, 1 August 1997--31.01-3(b), 71.15-5(b), 91.15-
5(b)
    U.S. Supplement to ABS Rules for Mobile Offshore Drilling Units, 1 
June 1998--107.205(b)
American National Standards Institute (ANSI)--11 West 42nd St., New 
York, NY 10036.
    ANSI/ASQC Q9001--1994, Quality Assurance in Design, Development, 
Production and Servicing, 1994--8.230
Lloyd's Register of Shipping (LR)--100 Leadenhall Street, London EC3A 
3BP.
    Rules and Regulations for the Classification of Ships, 1998--31.01-
3(b), 71.15-5(b), 91.15-5(b)
Lloyd's Register of Shipping Supplemental Requirements, 19 September 
1998--31.01-3(b), 71.15-5(b), 91.15-5(b)

PART 31--INSPECTION AND CERTIFICATION

    3. The authority citation for part 31 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703, 
5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR 1971--1975 Comp. 
P. 793; 49 CFR 1.46.

    4. Revise Sec. 31.01-3(b) to read as follows:


Sec. 31.01-3  Alternate compliance.

    (a) * * *
    (b) For the purposes of this section, a list of authorized 
classification societies, including information for ordering copies of 
approved classification society rules and supplements, is available 
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved 
classification society rules and supplements are incorporated by 
reference into 46 CFR 8.110(b).

PART 71--INSPECTION AND CERTIFICATION

    5. The authority citation for part 71 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 3703, 
5115, 8105; 49 U.S.C. App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 
1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR 1991 Comp. 351; 
49 CFR 1.46.

    6. Revise Sec. 71.15-5(b) to read as follows:


Sec. 71.15-5  Alternate compliance.

    (a) * * *
    (b) For the purposes of this section, a list of authorized 
classification societies, including information for ordering copies of 
approved classification society rules and supplements, is available 
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved 
classification society rules and supplements are incorporated by 
reference into 46 CFR 8.110(b).

PART 91--INSPECTION AND CERTIFICATION

    7. The authority citation for part 91 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; E.O. 12234, 45 
FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 11735, 38 FR 21243, 3 CFR 
1971--1975 Comp., P. 793; 49 CFR 1.46.

    8. Revise Sec. 91.15-5(b) to read as follows:


Sec. 91.15-5  Alternate compliance.

    (a) * * *
    (b) For the purposes of this section, a list of authorized 
classification societies, including information for ordering copies of 
approved classification society rules and supplements, is available 
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax (202)267-4816. Approved 
classification society rules and supplements are incorporated by 
reference into 46 CFR 8.110(b).

PART 107--INSPECTION AND CERTIFICATION

    9. The authority citation for part 107 continues to read as 
follows:

    Authority: 43 U.S.C. 1333; 46 U.S.C. 3306; 46 U.S.C. 3316, as 
amended by Sec. 607, Pub L. 104-324, 110 Stat. 3901; 46 U.S.C. 5115; 
49 CFR 1.45, 1.46; Sec. 107.05 also issued under authority of 44 
U.S.C. 3507.

    10. Revise Sec. 107.205(b) to read as follows:


Sec. 107.205  Alternate compliance.

    (a) * * *
    (b) For the purposes of this section, a list of authorized 
classification societies, including information for ordering copies of 
approved classification society rules and supplements, is available 
from Commandant (G-MSE), 2100 Second St., SW., Washington, DC 20593-
0001; telephone (202)267-6925; or fax

[[Page 30440]]

(202)267-4816. Approved classification society rules and supplements 
are incorporated by reference into 46 CFR 8.110(b).

    Dated:May 21, 1999.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 99-14087 Filed 6-7-99; 8:45 am]
BILLING CODE 4190-15-P