[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Proposed Rules]
[Page 15609-15611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-25]
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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: SStevens@comdt.uscg.mil. 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: SStevens@comdt.uscg.mil. 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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