[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Proposed Rules]
[Pages 15609-15611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5970]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 168

[USCG-2003-14734]
RIN 1625-AA65 (Formerly RIN 2115-AE10)


Escort Vessels for Certain Tankers--Crash Stop Criteria

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to make permanent the 1994 suspension 
of the crash stop requirements in our tanker escort rules.

DATES: Comments and related material must reach the Docket Management 
Facility on or before June 27, 2005.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2003-14734 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web Site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: (202) 493-2251.
    (4) Delivery: 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.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Sam Stevens, G-MSE-1, telephone (202) 267-0173, 
e-mail: [email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Andrea M. Jenkins, Program 
Manager, Docket Operations, telephone (202) 366-0271.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://dms.dot.gov and will include any personal 
information you have provided. We have an agreement with the Department 
of Transportation (DOT) to use the Docket Management Facility. Please 
see DOT's ``Privacy Act'' paragraph below.
    Submitting comments: If you submit a comment, please include your 
name and address, identify the docket number for this rulemaking (USCG-
2003-14734), 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 electronic means, mail, fax, or 
delivery 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 delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and

[[Page 15610]]

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. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.
    Viewing comments and documents: To view comments, as well as 
documents mentioned in this preamble as being available in the docket, 
go to http://dms.dot.gov at any time and conduct a simple search using 
the docket number. You may also visit the Docket Management Facility in 
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.
    Privacy Act: Anyone can search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477), or you may visit 
http://dms.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background

    This rulemaking addresses ``unfinished business'' from 1994. In 
1994, we published the final rule entitled Escort Vessels for Certain 
Tankers under docket number CGD 91-202, which adopted 33 CFR part 168 
(57 FR 30058, Aug. 19, 1994). The rule drew on a study to determine the 
capabilities of escort vessels to control disabled tankers. The study 
was published in two parts (59 FR 1411, Jan. 10, 1994; 60 FR 6345, Feb. 
1, 1995). Preliminary data for the second study became available after 
publication of the final rule, but before the rule took effect. This 
preliminary data indicated that it might be dangerous to implement the 
final rule's crash stop provision, 33 CFR 168.50(b)(2). Therefore, on 
November 1, 1994 (59 FR 54519), we suspended the crash stop provision 
before it could take effect with the other provisions of part 168. No 
further action was taken with respect to the crash stop provision, and 
it remains suspended today.
    As long as the crash stop provision's suspension remains in effect, 
we must continue to report the CGD 91-202 rulemaking on the Uniform 
Regulatory Agenda of the United States, the Federal Government's 
official list of ongoing regulatory projects. CGD 91-202 appears in the 
most recent edition of the Agenda at 69 FR 73240 (Dec. 13, 2004). Twice 
each year, the Coast Guard spends valuable administrative time 
maintaining its Uniform Regulatory Agenda reports, whether or not a 
reported project is active.
    For the reasons given under ``Removal of Crash Stop Provision,'' 
the Coast Guard maintains the position it first adopted in 1994, that 
the crash stop provision should not be implemented. Therefore, it is 
the Coast Guard position that the crash stop provision's 1994 
suspension should be made permanent, thereby allowing us to complete 
the CGD 91-202 rulemaking.
    Since 1998, the Coast Guard has used the Department of 
Transportation's Docket Management System (DMS) to make its rulemaking 
documents widely available to the public. DMS assigns unique docket 
numbers to each rulemaking, and the format of those docket numbers is 
not compatible with the Coast Guard's pre-1998 conventions for 
numbering dockets. Therefore, if we are ever to complete CGD 91-202 in 
a way that makes our actions visible to the public through DMS, we must 
complete it under a new, DMS-compatible docket number. For that reason, 
we opened the current rulemaking under DMS docket number USCG-2003-
14734. In essence, when we complete USCG-2003-14734, we will also 
complete CGD 91-202.

Removal of Crash Stop Provision

    We received two public comments in response to our 1994 notice 
suspending 33 CFR 168.50(b)(2). We have placed both comments in the 
docket for USCG-2003-14734. One comment supported the suspension. The 
other forwarded a copy of a technical evaluation of 33 CFR 165.50(b), 
but did not address the crash stop criteria at all. In 1995, the final 
results of the study of escort vessel capabilities showed that the 
crash stop criteria were not an effective performance characteristic 
for disabled tankers. Subsequently, we noted a significant increase in 
tractor tug availability in the waters to which part 168 applies, which 
allows for more effective response and action when a tanker becomes 
disabled. Taken together, these factors persuade us that the crash stop 
provision of 33 CFR 168.50(b)(2) should be permanently removed from our 
regulations. The remainder of part 168 would not be affected by this 
removal.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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. The proposed rulemaking 
will allow us to finalize the status quo and close out CGD 91-202.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would 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.
    The application and impact of this proposed rulemaking is limited. 
First, the escort vessel regulations only apply to laden single hull 
tankers of 5,000 gross tons or more operating on Prince William Sound 
or Puget Sound. We estimate the number of these tankers is 18. This 
figure will diminish over time as these single hull tankers are phased 
out of service, as required by OPA 90. Second, small entities typically 
do not own or operate vessels of this size. These vessels are normally 
owned and operated by larger corporations, including subsidiaries of 
major oil companies. As the proposed rulemaking would finalize the 
status quo, we do not believe that we would be imposing any new burden 
on small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

[[Page 15611]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lieutenant Sam Stevens, G-MSE-1, 
telephone (202) 267-0173, e-mail: [email protected]. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 it 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 proposed 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 discretionary 
regulatory actions. 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 $100,000,000 or more in any 
one year. This proposed rule would not result in Unfunded Mandates 
because it does not require regulatory actions that result in such 
expenditures.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. This proposed rule concerns regulations in 
aid of navigation and therefore we believe it should be categorically 
excluded, under Figure 2-1, paragraph (34)(i) of the Instruction. A 
preliminary ``Environmental Analysis Check List'' is available in the 
docket where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. Comments on this section will be 
considered before we make the final decision on whether this rule 
should be categorically excluded from further environmental review.

List of Subjects in 33 CFR Part 168

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to remove 33 CFR 168.50(b)(2).

PART 168--ESCORT REQUIREMENTS FOR CERTAIN TANKERS

    1. The authority citation for part 168 is revised to read as 
follows:

    Authority: Section 4116(c), Pub. L. 101-380, 104 Stat. 520 (46 
U.S.C. 3703 note); Department of Homeland Security Delegation No. 
170.1, para. 2(82).


Sec.  168.50  [Amended]

    2. In Sec.  168.50, remove and reserve paragraph (b)(2).

    Dated: January 18, 2005.
T. H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 05-5970 Filed 3-25-05; 8:45 am]
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