[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Rules and Regulations]
[Pages 47402-47404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22213]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 69

[USCG-1999-5118]
RIN 2115-AF76


Standard Measurement System Exemption from Gross Tonnage

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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

SUMMARY: By this direct final rule, the Coast Guard amends its vessel 
tonnage regulations to reinstate a previously allowed method of holding 
tonnage opening cover plates in place. This amendment will increase 
flexibility and can decrease costs in vessel design and construction, 
while in no way diminishing vessel safety. The reinstated method was 
omitted in error during a comprehensive revision of the tonnage 
regulations in 1989.

DATES: This rule is effective November 29, 1999, unless a written 
adverse comment, or written notice of intent to submit an adverse 
comment, reaches the Docket Management Facility on or before November 
1, 1999. If an adverse comment, or notice of intent to submit an 
adverse comment, is received, the Coast Guard will withdraw this direct

[[Page 47403]]

final rule and publish a timely notice of withdrawal in the Federal 
Register.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-1999-5118), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.

    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
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, 400 
Seventh Street SW., Washington, DC, between 9 a.m., and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Mr. 
Peter Eareckson, Marine Safety Center, Coast Guard, telephone 202-366-
6441. For questions on viewing or submitting material to the docket, 
call Dorothy Walker, Chief, Dockets, Department of Transportation, 
telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
(USCG-1999-5118), indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. You 
may submit your comments and material by mail, hand delivery, fax, or 
electronic means to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this rule in 
view of them.

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, we 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 we receive a written adverse 
comment or written notice of intent to submit an adverse comment, we 
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 only part of this rule and it is possible to remove that part 
without defeating the purpose of this rule, we may adopt as final those 
parts of this rule on which no adverse comment was received. The part 
of this rule that was the subject of an adverse comment will be 
withdrawn. If we decide to proceed with a rulemaking following receipt 
of an adverse comment, we 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 Discussion of Changes

    Coast Guard tonnage regulations in 46 CFR part 69, subpart C, 
provide exemptions from gross tonnage for superstructure spaces open to 
the weather. To qualify the associated space as open to weather, the 
end bulkhead is fitted either with shifting boards dropped into channel 
sections or with a temporary coverplate or boards held in place with 
hook bolts meeting the specific criteria stated in 46 CFR 69.117(d). 
Before 1989, the tonnage regulations allowed a bolting and crosspiece 
holding arrangement to keep the boards/plates in place. This 
alternative arrangement effectively ``sandwiched'' the associated 
bulkhead between the boards/plates and crosspieces. In a 1989 
rulemaking (54 FR 37657, September 12, 1989), we revised and clarified 
the tonnage measurement regulations in 46 CFR part 69 without 
``substantive change not called for under Public Law 99-509'' (which 
revised and consolidated the tonnage measurement laws into a new part J 
of 46 U.S.C. subtitle II). In revising part 69, we omitted this 
alternative holding method in error.
    Recently the Coast Guard received complaints from vessel designers 
and builders that the deletion of the bolting and crosspiece option for 
tonnage opening covers reduced flexibility and increased costs in 
vessel design and construction with no advantage in safety or function. 
These complaints prompted the Coast Guard to review the 1989 
rulemaking. We found that Public Law 99-509, the basis for the 1989 
rule, did not address tonnage openings, and no Coast Guard records 
indicate any disadvantages to the bolting and crosspiece arrangement 
alternative. Our review determined that the bolting and crosspiece 
arrangement option was omitted in error during the 1989 rulemaking. We 
are reinstating this option by amending 46 CFR 69.117(d) and (e) 
accordingly. Additionally, we are making several editorial changes to 
this section to improve clarity. Paragraphs (d)(2) and (e)(3) are 
amended to add references to newly revised paragraphs (d)(5) and 
(d)(6).

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. The 
Office of Management and Budget has not reviewed it 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). We expect 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 will not impose any additional costs on industry. The 
reinstatement of the bolting and crosspiece arrangement, which was 
deleted in error in 1989, will allow for increased flexibility in 
vessel design and construction, while in no way diminishing vessel 
safety. This

[[Page 47404]]

regulation will make the use of the bolting and crosspiece arrangement, 
already an accepted industry practice, a legal alternative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises 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 regulation will not add any additional costs to industry and 
will give industry increased flexibility in vessel design and 
construction. 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.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist 
small entities in understanding this rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If your small business or organization is affected by this rule and you 
have questions concerning its provisions or options for compliance, 
please contact Mr. Peter Eareckson, Marine Safety Center, Coast Guard, 
telephone 202-366-6441.

Collection of Information

    This rule will call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under E.O. 12612 and have determined 
that this rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act and Enhancing the Intergovernmental 
Partnership

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and 
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093, 
October 28, 1993) govern the issuance of Federal regulations that 
require unfunded mandates. An unfunded mandate is a regulation that 
requires a State, local, or tribal government or the private sector to 
incur direct costs without the Federal Government's having first 
provided the funds to pay those costs. This rule will not impose an 
unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(d) and (e) of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 46 CFR Part 69

    Measurement standards, Reporting and recordkeeping requirements, 
Vessels.
    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 69 as follows:

PART 69--STANDARD MEASUREMENT SYSTEM EXEMPTION FROM GROSS TONNAGE

    1. The authority citation for part 69 continues to read as follows:

    Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.

    2. In Sec. 69.117--
    a. In paragraph (d)(2) introductory text, remove the words 
``paragraph (d)(4)'' and add, in their place, the words ``paragraphs 
(d)(4), (d)(5), and (d)(6)'';
    b. Revise paragraph (d)(4) to read as follows;
    c. Redesignate paragraph (d)(5) as paragraph (d)(7);
    d. Add new paragraphs (d)(5) and (d)(6) to read as follows; and
    e. In paragraph (e)(3), remove the words ``paragraph (d)(4)'' and 
add, in their place, the words ``paragraphs (d)(4), (d)(5), and 
(d)(6)'':


Sec. 69.117  Spaces exempt from inclusion in gross tonnage.

* * * * *
    (d) * * *
    (4) An interior or exterior opening that is temporarily closed by 
shifting boards dropped into channel sections at the sides of the 
opening is considered open to the weather if battening, caulking, or 
gaskets of any material are not used.
    (5) An interior or exterior opening that is temporarily closed by 
cover plates or boards held in place only by hook bolts (see 
Sec. 69.123, Figure 12) is considered open to the weather--
    (i) If hook bolts used to secure cover plates or boards are spaced 
at least one foot apart and hook over a stiffener installed around the 
perimeter of the opening;
    (ii) If the cover plates or boards fit tightly against the 
bulkhead; and
    (iii) If battening, caulking, or gaskets of any material are not 
used.
    (6) An interior or exterior opening that is temporarily closed by 
cover plates or boards held in place only by bolts and crosspieces is 
considered open to the weather--
    (i) If the bolts are not installed through the bulkhead;
    (ii) If the bolts and crosspieces are not held in place by cleats 
or other attachments to or through the bulkhead;
    (iii) If the cover plates or boards fit tightly against the 
bulkhead; and
    (iv) If battening, caulking, or gaskets of any material are not 
used.
* * * * *

    Dated: August 19, 1999.
Joseph J. Angelo,
Director of Standards, Marine Safety and Environmental Protection.
[FR Doc. 99-22213 Filed 8-30-99; 8:45 am]
BILLING CODE 4910-15-P