[Federal Register Volume 66, Number 205 (Tuesday, October 23, 2001)]
[Rules and Regulations]
[Pages 53542-53545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26563]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 126

[USCG-2001-10164]
RIN 2115-AG17


Alternate Compliance Program; Incorporation of Offshore Supply 
Vessels

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule; request for comments.

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[[Page 53543]]

SUMMARY: By this direct final rule, the Coast Guard is amending 
regulations to incorporate Offshore Supply Vessels (OSVs) into the 
Alternate Compliance Program (ACP). The action will improve the 
flexibility of regulations governing OSVs by providing an alternative 
method to fulfill the requirements for vessel design, inspection, and 
certification without compromising existing safety standards.

DATES: This rule is effective January 22, 2002, unless an adverse 
comment, or notice of intent to submit an adverse comment, reaches the 
Docket Management Facility on or before December 24, 2001. If an 
adverse comment, or notice of intent to submit an adverse comment, is 
received, we will withdraw this direct final rule and publish a timely 
notice of withdrawal in the Federal Register.

ADDRESSES: To make sure that 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-2001-10164), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By 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 related 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, 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: If you have questions on this rule, 
contact Lieutenant Benjamin Nicholson, United States Coast Guard Office 
of Design and Engineering Standards (G-MSE), at 202-267-0143, or e-mail 
him at [email protected]. If you have questions on viewing or 
submitting material to the docket, call Dorothy Beard, Chief, Dockets, 
Department of Transportation, at 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage 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-2001-
10164), 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 by only one means. If you submit your 
comments 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 that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope.

Regulatory Information

    We are publishing this direct final rule, amending 46 CFR part 126, 
because we do not expect an adverse comment. An ``adverse'' comment 
explains why this rule or a part of it would be inappropriate, 
including a challenge to its underlying premise or approach, or would 
be ineffective or unacceptable without a change. If no adverse comment 
or notice of intent to submit an adverse comment is received by 
December 24, 2001 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 an adverse 
comment or notice of intent to submit an adverse comment, we will 
publish a document in the Federal Register announcing the withdrawal of 
all or part of this direct final rule before it becomes effective. If 
an adverse comment applies only to part of this rule (e.g., to an 
amendment, a paragraph, or a section) 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. We will withdraw the part of this rule that was the subject 
of an adverse comment. 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.

Background and Purpose

    The Coast Guard is amending 46 CFR part 126 (subchapter L) to 
authorize Offshore Supply Vessels (OSVs) to be eligible for the 
Alternate Compliance Program (ACP). Recent interest by the offshore 
industry to construct OSVs in compliance with international standards, 
specifically the International Convention for the Safety of Life at 
Sea, 1974 as amended (SOLAS), has provided the impetus for this 
regulatory amendment. Current regulations permit tank vessels, 
passenger vessels, cargo vessels, miscellaneous vessels, and mobile 
offshore drilling units to enroll in the ACP. OSVs are presently not 
authorized to participate in the program.
    OSVs were not originally included in the ACP's framework because 
they were not generally intended or designed for international service. 
During development of the ACP in the mid 1990's, industry did not 
demonstrate an interest in conforming OSVs to SOLAS requirements. The 
operational climate of the offshore industry has since changed and the 
Coast Guard sees a legitimate need to amend the regulations.
    This rule expands the ACP's applicability. The ACP is intended to 
provide regulatory flexibility for U.S. Flag vessels while providing a 
progressive level of safety that is aligned with recognized 
international standards. Furthermore, the ACP allows the Coast Guard to 
be more efficient with its resources; thus enabling the allocation of 
resources to high-risk marine safety concerns.
    The Coast Guard has been a proponent for increasing regulatory 
flexibility while also progressively improving marine safety. The ACP 
has proven successful over the last five years and its expansion to 
include OSVs has the potential to significantly increase the program's 
vessel enrollment as well as to provide a stimulus for SOLAS conformity 
within the OSV fleet. The Coast Guard considers this amendment to be a 
safe and non-controversial course of action.

Discussion of Rule

    This rule does not change any substantive requirements of the 
existing regulations. This rule applies to U.S. Flag OSVs certificated 
for international voyages and classed by a recognized classification 
society that is authorized by the Coast Guard to participate in the ACP 
as specified in 46 CFR part 8.

[[Page 53544]]

    Specifically, this rule is intended to amend 46 CFR part 126, 
subpart B, concerning the compliance standards for a Certificate of 
Inspection (COI) for OSVs. This rule provides a means of alternate 
compliance for OSVs in place of compliance with the subchapter's other 
applicable provisions. Under this rule, the owner or operator of a 
vessel subject to plan review and inspection under subchapter L for 
initial issuance or renewal of a COI may comply with the ACP provisions 
of 46 CFR part 8 including approved classification society rules and 
supplements as referenced.

Regulatory Evaluation

    This rule is not considered to be 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, l979)]. 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. 601-612), 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 rule does not change any requirements in the regulations. It 
is simply updating information to facilitate continuation of the Coast 
Guard's 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 the preamble.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if the rule has a substantial direct effect on State or 
local governments and would either preempt State law or impose a 
substantial direct cost of compliance on them. We have analyzed this 
rule under that Order and have determined that it does not have 
implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100 million or more in any one year. Though this rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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.lD, this rule is categorically excluded 
from further environmental documentation. This exclusion is in 
accordance with section 2.B.2. and figure 2-1 of the NEPA implementing 
Procedures, Commandant Instruction M16475.1D, concerning regulations 
that are based on vessel inspection and equipment aspects. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 126

    Authority delegation, Hazardous materials transportation, Marine 
safety, Offshore Supply Vessels, Oil and gas exploration, Reporting and 
recordkeeping requirements, Vessels.


    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 126 as follows:

PART 126--[AMENDED]

    1. The citation of authority for part 126 continues to read as 
follows:

    Authority: 46 U.S.C. 3205, 3306, 3307; 33 U.S.C. 1321(j); E.O. 
11735, 38 FR 21243, 3 CFR 1971-1975 Comp., p. 793; 49 CFR 1.46.

    2. Add Sec. 126.235 to read as follows:


Sec. 126.235  Alternate compliance.

    (a) In place of compliance with other applicable provisions of this 
subchapter, the owner or operator of a vessel subject to plan review 
and inspection under this subchapter for initial issuance or renewal of 
a Certificate of Inspection (CG-841 rev. 3/85) may comply with the

[[Page 53545]]

Alternate Compliance Program provisions of 46 CFR part 8.
    (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).

    Dated: August 1, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-26563 Filed 10-22-01; 8:45 am]
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