[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Rules and Regulations]
[Pages 62295-62301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19421]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 175

[Docket No. USCG-2023-0243]
RIN 1625-AC88


DUKW Amphibious Passenger Vessels

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Coast Guard issues this interim rule as the first step to 
implement the statutorily mandated requirements for DUKW amphibious 
passenger vessels. This statutory mandate was enacted after the sinking 
of the Stretch Duck 7 on July 19, 2018, which resulted in the loss of 
17 lives on Table Rock Lake, Missouri. Section 11502 of the James M. 
Inhofe National Defense Authorization Act for Fiscal Year 2023 mandates 
additional safety measures for DUKW amphibious passenger vessels 
operating on navigable waters subject to Coast Guard jurisdiction. This 
interim final rule codifies the statutorily mandated requirements.

DATES: This interim rule is effective on September 11, 2023. Interested 
persons are invited to submit comments and related material on or 
before December 11, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0243 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document, 
email Jaideep Sirkar, telephone (202) 372-1366, email [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose, and Regulatory History
IV. Background
V. Discussion of the Rule
VI. Preliminary Assessment
    A. Regulatory Planning and Review
    B. Small Entities
    C. Collection of Information
    D. Federalism
    E. Unfunded Mandates
    F. Taking of Private Property
    G. Civil Justice Reform

[[Page 62296]]

    H. Protection of Children
    I. Indian Tribal Governments
    J. Energy Effects
    K. Technical Standards
    L. Environment

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to 
effective rulemaking and will consider all comments and material 
received on this interim rule during the comment period. Your comment 
can help shape the outcome of this rulemaking. If you submit a comment, 
please include the docket number for this interim rule, indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at www.regulations.gov. To do so, go 
to https://www.regulations.gov, type USCG-2023-0243 in the search box 
and click ``Search.'' Next, look for this document in the Search 
Results column, and click on it. Then click on the Comment option. If 
you cannot submit your material by using https://www.regulations.gov, 
call or email the person in the FOR FURTHER INFORMATION CONTACT section 
of this proposed rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
interim rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the www.regulations.gov Frequently Asked Questions web 
page.
    We review all comments received, but we will only post comments 
that address the topic of the interim rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to www.regulations.gov will include any personal information you 
have provided. For more about privacy and submissions to the docket in 
response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).
    Public meeting. We are not planning to hold a public meeting but 
will consider doing so if we determine from public comments that a 
meeting would be helpful. We would issue a separate Federal Register 
notice to announce the date, time, and location of such a meeting.

II. Abbreviations

2023 NDAA James M. Inhofe National Defense Authorization Act for 
Fiscal Year 2023
APV Amphibious passenger vessel
BLS Bureau of Labor Statistics
CFR Code of Federal Regulation
CG-ENG Coast Guard's Office of Design and Engineering Standards
DHS Department of Homeland Security
FR Federal Register
GMC General Motors Corporation
GPH Gallons per hour
GPM Gallons per minute
LED Light emitting diode
MISLE Marine Information for Safety and Law Enforcement
NTSB National Transportation Safety Board
NVIC1-01 Navigation and Inspection Circular No. 1-01
OMB Office of Management and Budget
Sec.  Section
SME Subject matter expert
TRB National Academies of Sciences, Engineering, and Medicine's 
Transportation Research Board
U.S.C. United States Code

III. Basis and Purpose

    The legal basis for this rulemaking is the James M. Inhofe National 
Defense Authorization Act for Fiscal Year 2023 \1\ (2023 NDAA). Section 
11502(f) of the 2023 NDAA requires the Coast Guard to implement interim 
requirements for operators of DUKW amphibious passenger vessels (APVs). 
Specifically, the 2023 NDAA directs the Coast Guard to require that 
operators of DUKW APVs comply with nine requirements within 180 days 
and defines a DUKW APV as a vessel that uses, modifies, or is derived 
from the General Motors Corporation (GMC) DUKW-353 design, and operates 
as a small passenger vessel in ``waters subject to the jurisdiction of 
the United States,'' as defined 33 CFR 2.38 (or a successor 
regulation). The nine requirements are:
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    \1\ See Public Law 117-263, December 23, 2022, 136 Stat 2395.
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    (1) Remove the canopies and any window coverings of such vessels 
for waterborne operations, or install a canopy that does not restrict 
horizontal or vertical escape by passengers in the event of flooding or 
sinking;
    (2) If a canopy and window coverings are removed from any such 
vessel pursuant to paragraph (1), require that all passengers wear a 
personal flotation device approved by the Coast Guard before the onset 
of waterborne operations of such vessel;
    (3) Reengineer such vessels to permanently close all unnecessary 
access plugs and reduce all through-hull penetrations to the minimum 
number and size necessary for operation;
    (4) Install independently powered electric bilge pumps that can 
dewater such vessels at the volume of the largest remaining penetration 
in order to supplement an operable Higgins pump or a dewatering pump of 
equivalent or greater capacity;
    (5) Install in such vessels not fewer than four independently 
powered bilge alarms;
    (6) Conduct an in-water inspection of any such vessel after each 
time a through-hull penetration has been removed or uncovered;
    (7) Verify the watertight integrity of any such vessel through an 
in-water inspection at the outset of each waterborne departure;
    (8) Install underwater light emitting diode (LED) lights that 
activate automatically in an emergency; and
    (9) Otherwise comply with any other provisions of relevant Coast 
Guard guidance or instructions in the inspection, configuration, and 
operation of such vessels.
    Section 11502(g) of the 2023 NDAA directs the Coast Guard to issue 
the section 11502(f) requirements without regard for the public notice 
and comment requirements in 5 U.S.C. 553. Therefore, this interim final 
rule implements the requirements for DUKW APV vessels and the 
accompanying definition without first receiving public notice and 
comment. Although the rule mirrors the specific statutory requirements, 
the Coast Guard issues this interim rule with request for public 
comments. In the future, we will issue final regulations after 
consideration of the public comments received. The other statutorily 
mandated requirements in sections 11502(b) through (e) the 2023 NDAA 
will be the subject of a future rulemaking.

IV. Background and Regulatory History

    The purpose of this interim rule is to provide additional safety 
measures onboard applicable APVs. This rule follows a series of serious 
marine incidents involving the loss of multiple lives. On May 1, 1999, 
13 lives were lost due to the Miss Majestic sinking. The Miss Majestic 
sank within a 30-second period, about 250 yards from shore, when a 
mechanical failure led to rapid flooding.
    Following the incident, the Coast Guard met with the APV industry 
to discuss and develop comprehensive guidelines for best practices for 
the inspection and operation of these vehicles. The Coast Guard issued 
Navigation and Inspection Circular No. 1-01 (NVIC 1-01) on December 11,

[[Page 62297]]

2000 \2\ to provide supplemental guidance for DUKW APVs to meet the 
same level of safety as conventional small passenger vessels 
certificated under 46 CFR Subchapter T. The guidance document provides 
detailed recommendations for DUKW operators to consider for the design 
and operations of their vessels.
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    \2\ Navigation and Inspection Circular No. 1-01, 
www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2001/n1-01.pdf (last visited 5/10/23).
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    On July 19, 2018, a Coast Guard-inspected DUKW APV, experienced a 
loss of 17 lives when the Stretch Duck 7 sunk. Multiple investigations 
into the event occurred, including investigations by the National 
Transportation Safety Board (NTSB) and the Coast Guard.
    To further develop a path forward to improve safety on DUKW 
vessels, the Coast Guard commissioned a third-party study by the 
National Academies of Sciences, Engineering, and Medicine's 
Transportation Research Board (TRB). The TRB Special Report 342, 
Options for Improving the Safety of DUKW Type Amphibious Vessels, was 
published on December 16, 2021.\3\ The committee studied eight marine 
casualty events involving DUKW APVs that occurred in the United States 
and the United Kingdom from 1999 to 2021. Of the 8 marine casualty 
events, 3 of these events led to a total of 32 fatalities. The study 
reviewed all NTSB and Coast Guard information available and made 
recommendations for further steps to improve the safety of DUKW APV 
operations.
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    \3\ National Academies of Sciences, Engineering, and Medicine. 
2021. Options for Improving the Safety of DUKW Type Amphibious 
Vessels. Washington, DC: The National Academies Press. https://doi.org/10.17226/26447 (last visited 5/10/23).
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    The 2023 NDAA provides the Coast Guard the capability to swiftly 
improve the safety of the DUKW fleet. The Coast Guard considered both 
NVIC 1-01 and TRB Special Report 342 as key tools when developing this 
rule.

V. Discussion of the Rule

    Section 11502(f) of the 2023 NDAA requires the Coast Guard to 
implement interim requirements for operators of DUKW APVs, which are 
the only requirements imposed by this rule. This interim rule adds the 
Congressionally mandated interim requirements from section 11502(f) of 
the 2023 NDAA to 46 CFR Subchapter T in a new Sec.  175.124, and a 
definition of DUKW APV to Sec.  175.400. Additionally, the rule 
clarifies certain aspects of the requirements, as discussed below. All 
of the requirements in 46 CFR part 176 for plan submission, review and 
approval by the Coast Guard for vessel alterations still apply in 
addition to these new requirements.
    While we assume that most DUKW APVs will need modifications to 
comply with these interim requirements, a vessel that is already in 
partial or full compliance only needs to make the modifications 
necessary to achieve full compliance. For example, a DUKW APV that has 
two independently powered bilge alarms would only need to install two 
additional independently powered bilge alarms to comply with Sec.  
175.124(d). Similarly, a DUKW APV that has four independently powered 
bilge alarms would not need to install any additional bilge alarms. 
This compliance would be verified during the normal vessel inspection 
process.

Canopies and Egress

    The requirements in 2023 NDAA section 11502(f)(1) and (2) require 
either the removal of canopies and any window coverings installed for 
waterborne operations, and the use of lifejackets approved by the Coast 
Guard for passengers before the onset of waterborne operations; or the 
installation of a canopy that does not restrict horizontal or vertical 
escape by passengers in the event of flooding or sinking. The 
requirements in 2023 NDAA section 11502(f)(1) and (2) are consolidated 
to clarify the two alternative means of modifying the DUKW APV to 
comply with the requirements in 2023 NDAA section 11502(f)(1) and (2).
    Specifically, if the first of alternative in 2023 NDAA section 
11502(f)(1) is chosen, then the lifejacket requirements in 2023 NDAA 
section 11502(f)(2) must be complied with. We added these requirements 
to 46 CFR 175.124(a)(1) and (2).
    We also noted in Sec.  175.124(a) that the lifejacket requirements 
for small passenger vessels are described in 46 CFR part 180, and we 
changed the terminology from ``personal flotation device'', as used in 
the 2023 NDAA, to ``lifejacket,'' which is consistent with existing 
regulatory language and better describes the type of personal flotation 
device that passengers would use.
    Section 11502(f)(8) of 2023 NDAA requires installation of 
underwater LED lights. Section 175.124(g) requires that the LED lights 
must be installed within the passenger compartment, capable of 
operating underwater, and activate automatically upon immersion to aid 
in emergency egress. This provides more specificity about how operators 
should comply with the requirement for LED lights.

Flooding

    Section 11502(f)(3) of 2023 NDAA requires reengineering the vessel 
to close unnecessary access plugs and reduce all through-hull 
penetrations to the minimum number and size necessary for operation. 
Section 175.124(b) adds this requirement and incorporates additional 
language provided in the TRB Special Report 342, recommendation 4.a, to 
require that reengineering allows for both the safe operation and the 
maintenance of the DUKW APV. All the other requirements in 46 CFR part 
176 for hull repairs and alterations still apply, in addition to the 
requirements in Sec.  175.124(b) to permanently close or otherwise 
minimize access plugs and through-hull penetrations.
    Section 11502(f)(4) of 2023 NDAA requires installing independently 
powered electric bilge pumps that are capable of dewatering such 
vessels at the volume of the largest remaining penetration in order to 
supplement an operable Higgins pump or a dewatering pump of equivalent 
or greater capacity. Section 175.124(c) does not reference ``an 
operable Higgins pump'' because we believe that any Higgins pump still 
onboard a DUKW APV would no longer be operational. Higgins pumps are 
over 80 years old and do not have spare parts readily available. 
Instead, Sec.  175.124(c) incorporates an equation from NVIC 1-01 that 
determines the cumulative discharge rate of electric bilge pumps 
required to be onboard each vessel. The use of this formula was 
affirmed in the TRB Special Report 342, recommendation 4.c. To the 
extent that a DUKW APV still has an operable Higgins pump or other 
dewatering pump, the discharge rate from those pumps would be accounted 
for in the formula.
    Section 11502(f)(5) of 2023 NDAA requires installation in vessels 
not fewer than 4 independently powered bilge alarms. Section 175.124(d) 
adopts that requirement without change. With respect to the location of 
those alarms, the DUKW APV must comply with the existing requirements 
found in Sec.  182.530 for bilge high level alarms. Otherwise, 
operators should ensure that bilge alarms are located in separate 
spaces or in such a way to maximize effectiveness of the bilge alarms.

Inspections

    Section 11502(f)(6) of 2023 NDAA requires the conducting of an in-
water inspection of any such vessel after each time a through-hull 
penetration of such vessel has been removed or uncovered; and section 
11502(f)(7) requires

[[Page 62298]]

verification through an in-water inspection the watertight integrity of 
any such vessel at the outset of each waterborne departure of such 
vessel. Sections 175.124(e) and (f), respectively, adopt these 
requirements without change.

Guidance

    Section 11502(f)(9) of 2023 NDAA requires compliance with other 
Coast Guard guidance or instructions in the inspection, configuration, 
and operation of DUKW APVs. This rule does not add this as a separate 
requirement in Sec.  175.124. Rather, we incorporated the guidance or 
instruction directly into the text of Sec.  175.124(a)-(g), as 
discussed above.

Definition and Applicability

    A DUKW APV is specifically defined in section 11502(h)(2) of the 
2023 NDAA as a vessel that uses, modifies, or is derived from the GMC 
DUKW-353 design, and operates as a small passenger vessel in waters 
subject to the jurisdiction of the United States. These models can 
usually be identified by ``GMC DUKW-353'' on their serial number name 
plates and are usually referred to as World War II Fleet DUKWs or 
Stretch Ducks, depending on the degree of modification the vessel has 
received. This rule adds a definition of DUKW APV to Sec.  175.400 to 
clarify the applicability of the requirements in Sec.  175.124.
    Based on data from the Marine Information for Safety and Law 
Enforcement (MISLE) database, as of April 2023, there were 16 affected 
vessels owned or operated by three companies.
    The Truck Duck APV model is not included in the Coast Guard's 
interpretation of the statutory definition of DUKW APV for this rule. 
Truck Ducks were independently designed, purposely built with a 
different chassis and larger hull, and utilized modern construction 
methods. As a result of their larger hulls and higher freeboards, they 
have a lower-risk profile, and they do not have the same casualty 
history compared to the WWII and Stretch DUKW models. Moreover, Truck 
Ducks are not manufactured by GMC and would not have ``GMC DUKW-353'' 
on their serial number name plate. Truck Ducks and other APVs that are 
under the jurisdiction of the Coast Guard are not impacted by this 
rule.

Implementation

    2023 NDAA section 11502(g) provides that the Coast Guard must 
implement these interim requirements within 180 days after enactment. 
Therefore, the Coast Guard is implementing these interim requirements 
immediately upon publication of this interim rule in the Federal 
Register. Operators will have 120 days from the date of publication of 
this interim rule to comply with the requirements.

VI. Regulatory Analyses

    The Office of Management and Budget (OMB) has not reviewed this 
rule under section 3(f) of Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). By section 
11502(g) of the 2023 NDAA, this interim rule is being published without 
regard to the Regulatory Flexibility Act, 5 U.S.C. 603, economic 
analysis requirements.
    In lieu of our standard Regulatory Analyses, the Coast Guard is 
soliciting public comments to gather additional information for any 
future analyses.

A. Solicitation of Public Input on Specific Questions To Inform 
Regulatory Analyses

    The Coast Guard asks for information. Your responses to the 
following questions will help the Coast Guard develop a rulemaking in 
the future. The questions are not all-inclusive, and any supplemental 
information is welcome. In responding to each question, please identify 
the question you are responding to and explain the reasons for your 
answer. If responding to a question and your response includes a 
monetary or numerical figure, please provide us with sufficient 
information, data, and transparency to be able to re-create any 
calculations. We encourage you to let us know your specific concerns 
with respect to any of the requirements of this interim final rule or 
the future rule (see section 11502 of the 2023 NDAA) under 
consideration.
    1. Are any vessels affected by this rule currently in compliance 
with this rule, either in its entirety or in some provisions?
    2. In order to comply with the requirement to modify the DUKW APV's 
canopies in Sec.  175.124(a), would owners (a) Remove the canopies and 
any window coverings installed for waterborne operations and require 
that all passengers wear a USCG-approved lifejacket before the onset of 
waterborne operations of the DUKW APV; or (b) Install a canopy that 
does not restrict horizontal or vertical escape by passengers in the 
event of flooding or sinking?
    3. What are the occupations of the workers who would do the canopy 
modification required by Sec.  175.124(a)? How long, in hours, will it 
take (each of) these worker(s) to perform the modification? What 
materials will they need? How much does each material cost?
    4. What are the occupations of the workers who would do the 
reengineering to close unnecessary plugs and through-hull penetrations, 
as required by Sec.  175.124(b)? How long, in hours, will it take (each 
of) these worker(s) to perform the reengineering? How many penetrations 
would need to be closed? What are the materials and the cost of 
materials needed to close a penetration?
    5. What is the current combined flow rate for the bilge pumps on 
the DUKW APVs? What is the target combined flow rate for the bilge 
pumps according to Sec.  175.124(c)? Are Higgins pumps still 
operational? What are the occupations of the workers who install the 
extra bilge pumps? How long, in hours, will it take (each of) these 
worker(s) to install the extra bilge pumps? How many extra bilge pumps 
would be needed? What is the cost of each extra bilge pump? What about 
additional materials?
    6. How many bilge alarms do DUKW APVs currently have? Sec.  
175.124(d) requires at least four bilge alarms. What are the 
occupations of the workers who install the extra bilge alarms? How 
long, in hours, will it take (each of) these worker(s) to install the 
extra bilge alarms? What is the cost of each extra bilge alarm? What 
about additional materials?
    7. After the modifications, by Sec.  175.124(e), someone will have 
to conduct an in-water inspection of the DUKW APV. What are the 
occupations of the workers who would do the inspection? How long, in 
hours, will it take (each of) these worker(s) to perform the 
inspection? What about travel time?
    8. Apart from the modifications required in this rule, how often 
per year are through-hull penetrations removed or uncovered?
    9. Before every waterborne departure, someone will have to conduct 
an in-water inspection. What are the occupations of the workers who 
would do the inspection? How long, in hours, will it take (each of) 
these worker(s) to perform the inspection? How many departures does a 
DUKW APV make per year?
    10. According to Sec.  195.124(g), the DUKW APV will need 
underwater LED lights. What are the occupations of the workers who 
would install the lights? How long, in hours, will it take (each of) 
these worker(s) to install the lights? How much do the lights cost? 
What about other materials?
    11. How long would an affected vessel be out of service to make the 
modifications necessary to comply with

[[Page 62299]]

the requirements of this interim final rule?
    12. How many trips would an impacted vessel be likely to miss while 
out of service to make the necessary modifications? Does this differ by 
time of year?
    13. How will complying with this rule affect 2023, 2024, and 2025 
revenues for you?
    14. Future regulations may require that operators of DUKW APVs 
provide reserve buoyancy through passive means to ensure that such 
vessels remain afloat and upright in the event of flooding, including 
when carrying a full complement of passengers and crew (section 
11502(b)(1) of the 2023 NDAA). What means would an operator of an 
affected vessel most likely use to fulfill the reserve buoyancy 
requirement? Please provide any details available on the possible cost 
and time to install the means of meeting the reserve buoyancy 
requirement, as well as who (what occupation) would do the 
installation.
    15. How will compliance with the present or future rule affect 
passenger capacity? How does that affect revenues? Will you change the 
number of trips offered as a result?
    16. Future regulations may require that an operator of an affected 
vessel proceed to the nearest harbor or safe refuge in any case in 
which a relevant watch or warning is issued (section 11502(b)(3)(A) of 
the 2023 NDAA). How often has a trip been interrupted or canceled due 
to weather conditions? What is the impact of these interrupted or 
cancelled trips on revenues? How can oversight of company management 
systems be further improved?
    17. If you are a small business, what economic impact would this 
rule have on you, your business, or your organization? In your 
comments, please explain how and to what degree the requirement would 
have an economic impact. Also, please explain why these requirements 
affect your small business differently than it might affect a larger 
business.
    18. Future regulations may require annual training for operators 
and crew of DUKW APVs (section 11502(b)(5) of the 2023 NDAA). A table 
of training requirements proposed by section 11502(b)(5) of the 2023 
NDAA and existing training requirements appears in the table below. 
What specific training may need to be developed in light of this 
potential future regulation? Please provide information and data 
(whether quantitative or qualitative) regarding costs that training 
providers might incur from having to develop or update current courses 
and training requirements.

          Table 1--Proposed and Existing Training Requirements
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          Training requirement                 Current requirement?
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 Section 11502(b)(5)(A)--Annual training for operators and crew of DUKW
                                  APVs
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Personal flotation.....................  The only requirement for
                                          passengers to don life jackets
                                          is in Sec.   185.508, where
                                          the master has to require the
                                          crew to wear them in certain
                                          instances and the crew has to
                                          help passengers don them.
                                          Section 185.420 has the
                                          general requirement for the
                                          crew training on helping
                                          passengers don life jackets in
                                          a situation like described in
                                          Sec.   185.508.
Seat belt requirements.................  No existing requirement for
                                          training.
Verifying the integrity of the vessel    No existing requirement for
 at the onset of each waterborne          training.
 departure.
Identification of weather hazards, use   Master must pass exam for
 of National Weather Service resources    master credential, which
 prior to operation.                      includes topics of
                                          ``Characteristics of Weather
                                          Systems'' and ``Weather Charts
                                          and Reports''; no existing
                                          requirement for crew training
                                          on weather.
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Section 11502(b)(5)(B)--Annual training for crew of DUKW APVs to respond
                         to emergency situations
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Flooding...............................  46 CFR 185.420.
Engine compartment fires...............  46 CFR 185.420.
Man-overboard situations...............  46 CFR 185.420.
In water emergency egress procedures...  No current training requirement
                                          for DUKW APV operators on
                                          egress.
------------------------------------------------------------------------

    19. Are there any additional factors that we should consider in our 
assessment of the impacts of this interim rule, or in any of the other 
2023 NDAA requirements detailed? Please offer any other comments or 
suggestions that may improve future regulation.
    Please submit comments or concerns you may have in accordance with 
the ``Public Participation and Request for Comments'' section above.

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, 
requires Federal agencies to consider the potential impact on small 
entities when they issue a rule after being required to first publish a 
general notice of proposed rulemaking. Under 5 U.S.C 604(a), a 
regulatory flexibility analysis is not required for this interim rule 
because we are not publishing a general notice of proposed rulemaking. 
Therefore, we did not conduct a regulatory flexibility analysis for 
this rule.

C. Collection of Information

    At this time, this interim rule calls for no new collection of 
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520. We request comments from the general public on this assumption.

D. Federalism

    A rule has implications for federalism under Executive Order 13132 
(Federalism) if it has a substantial direct effect on States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under Executive Order 13132 and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis follows.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled 
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and 
8101 (design, construction, alteration, repair, maintenance, operation, 
equipping, personnel qualification, and manning of vessels), as well as 
the reporting of casualties and

[[Page 62300]]

any other category in which Congress intended the Coast Guard to be the 
sole source of a vessel's obligations, are within the field foreclosed 
from regulation by the States. See the Supreme Court's decision in 
United States v. Locke and Intertanko v. Locke, 529 U.S. 89 (2000). 
This rule implements the mandatory requirements prescribed by the 2023 
NDAA for the design and maintenance of DUKW APV vessels operating on 
navigable waters subject to Coast Guard jurisdiction. Therefore, 
because the States may not regulate within these categories, this rule 
is consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with federalism implications 
and preemptive effect, Executive Order 13132 specifically directs 
agencies to consult with State and local governments during the 
rulemaking process. If you believe this rule has implications for 
federalism under Executive Order 13132, please call or email the person 
listed in the FOR FURTHER INFORMATION CONTACT section of this preamble.

E. Unfunded Mandates

    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 (adjusted for 
inflation) or more in any one year. Although this rule will not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.
    This rule implements the statutory mandate in 2023 NDAA section 
11502 (f) and is not a discretionary regulatory action. This rule only 
applies to the vessels that use, modify, or are derived from the GMC 
DUKW-353 design and operate as small passenger vessels in waters 
subject to the jurisdiction of the United States, as defined in 33 CFR 
2.38. As of April 2023, the Coast Guard estimates there are only 16 
affected vessels owned or operated by three companies. The Coast Guard 
expects these companies would incur the direct costs of this interim 
rule. The Coast Guard requests comments on the impacts of this interim 
rule under the Unfunded Mandates Reform Act.

F. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights).

G. 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.

H. 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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

I. Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments), 
because it will 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.

J. Energy Effects

    We have analyzed this rule under Executive Order13211 (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.

K. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

L. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1,\4\ associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series),\5\ 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a determination that this action is one of a category of actions that 
do not individually or cumulatively have a significant effect on the 
human environment. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.
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    \4\ https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex.
    \5\ https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Program-Offices/Environmental-Management/Environmental-Planning-and-Historic-Preservation/Article/3053264/us-coast-guard-supplemental-environmental-assessment-for-the-national-coast-gua/.
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    This rule is categorically excluded under paragraphs L52 and L54 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev 1. 
Paragraph L52 pertains to ``regulations concerning vessel operation 
safety standards.'' Paragraph L54 pertains to promulgation of 
regulations that are editorial and procedural. This interim rule 
implements the statutorily mandated enhanced safety measures on DUKW 
amphibious passenger vessels operating on navigable waters subject to 
Coast Guard jurisdiction. This interim rule supports the Maritime 
Safety mission of the Coast Guard.

List of Subjects in 46 CFR Part 175

    Marine safety, Passenger vessels, Reporting and recordkeeping 
requirements.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 175 as follows:

PART 175--GENERAL PROVISIONS

0
1. The authority citation for part 175 is revised to read as follows:

    Authority:  46 U.S.C. 2103, 3205, 3306, 3703; Pub. L. 103-206, 
107 Stat. 2439; 49

[[Page 62301]]

U.S.C. App. 1804; DHS Delegation 00170.1, Revision No. 01.2, 
paragraph (II)(92)(a); Sec.  175.900 also issued under 44 U.S.C. 
3507.


0
2. Add Sec.  175.124 to read as follows:


Sec.  175.124  Requirements for DUKW Amphibious Passenger Vessels.

    No later than January 9, 2024, all operators of a DUKW amphibious 
passenger vessel, as defined in 46 CFR 175.400, must:
    (a) Modify the DUKW amphibious passenger vessel to either:
    (1) Remove the canopies and any window coverings installed for 
waterborne operations, and require that all passengers wear a 
lifejacket approved by the Coast Guard, as described in part 180 of 
this subchapter, before the onset of waterborne operations of the DUKW 
amphibious passenger vessel; or
    (2) Install a canopy that does not restrict horizontal or vertical 
escape by passengers in the event of flooding or sinking.
    (b) Reengineer the DUKW amphibious passenger vessel to permanently 
close all unnecessary access plugs and reduce all through-hull 
penetrations to the minimum number and size necessary for the safe 
operation or maintenance of the DUKW amphibious passenger vessel.
    (c) Install an independently powered electric bilge pump(s) with a 
minimum total pumping capacity of:

GPM = 3600 x A x [radic]H

Where--

GPM = The minimum total pumping capacity in gallons per minute.
A = The area (in square feet) of the largest hull penetration below 
a line drawn parallel to and at least 6 inches (150 millimeters) 
above the deepest load waterline.
[radic]H = The square root of the vertical distance in feet from the 
center of the penetration to the deepest load waterline.

    (d) Install in the DUKW amphibious passenger vessel not fewer than 
4 independently powered bilge alarms.
    (e) Conduct an in-water inspection of the DUKW amphibious passenger 
vessel after each time a through-hull penetration of such vessel has 
been removed or uncovered.
    (f) Verify through an in-water inspection the watertight integrity 
of the DUKW amphibious passenger vessel at the outset of each 
waterborne departure of such vessel.
    (g) Install within the passenger compartment LED lights capable of 
operating underwater that activate automatically to aid with emergency 
egress.


0
3. Amend Sec.  175.400 by adding in alphabetical order a definition for 
``DUKW amphibious passenger vessel'' to read as follows:


Sec.  175.400  Definitions of terms used in this subchapter.

* * * * *
    DUKW amphibious passenger vessel means a vessel that uses, 
modifies, or is derived from the GMC DUKW-353 design, and is operating 
as a small passenger vessel in waters subject to the jurisdiction of 
the United States, as defined in 33 CFR 2.38.
* * * * *

    Dated: September 1, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention 
Policy.
[FR Doc. 2023-19421 Filed 9-8-23; 8:45 am]
BILLING CODE 9110-04-P