[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Page 1547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00207]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 8 and 197

[Docket No. USCG-1998-3786]
RIN 1625-AA21


Commercial Diving Operations

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing the proposed rule entitled 
``Commercial Diving Operations'' published in the Federal Register on 
February 19, 2015. We are taking this action because there have been 
changes in the industry since we published the NPRM in 2015, including 
new standards and technologies. We have concluded that the rule we 
proposed in 2015 is no longer appropriate in light of those changes. 
The Coast Guard may issue a new rulemaking in the future if warranted.

DATES: The advance notice of proposed rulemaking published on June 26, 
1998 (63 FR 34840); comment period extended on September 23, 1998 (63 
FR 50848); second advance notice of proposed rulemaking published on 
January 6, 2009 (74 FR 414); notice of proposed rulemaking published on 
February 19, 2015 (80 FR 9151), and reopening of comment period on 
August 24, 2015 (80 FR 51173) are withdrawn as of January 11, 2023.

ADDRESSES: The docket for this withdrawal is available at the Federal 
eRulemaking Portal at https://www.regulations.gov. Please search for 
docket number USCG-1998-3786.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Kenneth A. Smith, General Engineer, Vessel and Facility 
Operating Standards Division, CG-OES-2, U.S. Coast Guard; telephone 
202-372-1413, email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On February 19, 2015, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Commercial Diving Operations'' in 
the Federal Register (80 FR 9152).\1\ The intent of the proposed 
rulemaking was to amend the regulations for commercial diving conducted 
from deepwater ports or deepwater port safety zones, in connection with 
Outer Continental Shelf activities, or from vessels that are required 
to have a Coast Guard certificate of inspection. The proposed 
rulemaking sought to amend these regulations to improve the safety of 
people and property involved in commercial diving operations and to 
protect the environment in which they operate, as well as to include 
current industry best practices. The proposed regulations also aimed to 
allow the Coast Guard to approve independent third-party organizations 
to assist with ensuring regulatory compliance of commercial diving 
regulations.
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    \1\ The Coast Guard published four additional documents related 
to the 2015 NPRM. We issued our first advance notice of proposed 
rulemaking (ANPRM) on June 26, 1998 (63 FR 34840) and extended the 
comment period on September 23, 1998 (63 FR 50848). On January 6, 
2009, we published a second ANPRM (74 FR 414). After publishing the 
2015 NPRM, we reopened the comment period on August 24, 2015 (80 FR 
51173).
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Withdrawal

    The Coast Guard is withdrawing the proposed rule published on 
February 19, 2015. Upon further review of commercial diving 
technologies and standards, it is evident that significant changes have 
occurred in the industry and we no longer consider the original 
proposal an appropriate solution.
    The Coast Guard will continue to assess the standards and 
technologies used and practiced in the commercial diving industry, 
support the continued development of commercial diving standards to 
improve commercial diving safety, oversee the work of recognized 
organizations, and request input from our Federal advisory committees 
as appropriate. The Coast Guard may decide to develop new rulemaking 
proposals in the future, but Unified Agenda item 1625-AA21 will be 
withdrawn once this notice is published.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: January 4, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2023-00207 Filed 1-10-23; 8:45 am]
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