Standard Measurement System Exemption from Gross Tonnage

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 69

[USCG-1999-5118]

RIN 2115-AF76

Standard Measurement System Exemption from Gross Tonnage

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard amends its vessel

tonnage regulations to reinstate a previously allowed method of holding

tonnage opening cover plates in place. This amendment will increase

flexibility and can decrease costs in vessel design and construction,

while in no way diminishing vessel safety. The reinstated method was

omitted in error during a comprehensive revision of the tonnage

regulations in 1989.

DATES: This rule is effective November 29, 1999, unless a written

adverse comment, or written notice of intent to submit an adverse

comment, reaches the Docket Management Facility on or before November

1, 1999. If an adverse comment, or notice of intent to submit an

adverse comment, is received, the Coast Guard will withdraw this direct

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final rule and publish a timely notice of withdrawal in the Federal

Register.

ADDRESSES: To make sure 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-1999-5118),

U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,

Washington, DC 20590-0001.

(2) By hand 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 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, between 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: For questions on this rule, call Mr.

Peter Eareckson, Marine Safety Center, Coast Guard, telephone 202-366-

6441. For questions on viewing or submitting material to the docket,

call Dorothy Walker, Chief, Dockets, Department of Transportation,

telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages 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-1999-5118), 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 and material by only one

means. If you submit them 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 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 rule in

view of them.

Regulatory Information

The Coast Guard is publishing a direct final rule, the procedures

of which are outlined in 33 CFR 1.05-55, because no adverse comment is

anticipated. If no adverse comment or written notice of intent to

submit an adverse comment is received within the specified comment

period, 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 a written adverse

comment or written notice of intent to submit an adverse comment, we

will publish a document in the Federal Register announcing withdrawal

of all or part of this direct final rule. If an adverse comment applies

to only part of this rule 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. The part

of this rule that was the subject of an adverse comment will be

withdrawn. 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.

A comment is considered ``adverse'' if the comment explains why

this rule would be inappropriate, including a challenge to the rule's

underlying premise or approach, or would be ineffective or unacceptable

without a change.

Background and Discussion of Changes

Coast Guard tonnage regulations in 46 CFR part 69, subpart C,

provide exemptions from gross tonnage for superstructure spaces open to

the weather. To qualify the associated space as open to weather, the

end bulkhead is fitted either with shifting boards dropped into channel

sections or with a temporary coverplate or boards held in place with

hook bolts meeting the specific criteria stated in 46 CFR 69.117(d).

Before 1989, the tonnage regulations allowed a bolting and crosspiece

holding arrangement to keep the boards/plates in place. This

alternative arrangement effectively ``sandwiched'' the associated

bulkhead between the boards/plates and crosspieces. In a 1989

rulemaking (54 FR 37657, September 12, 1989), we revised and clarified

the tonnage measurement regulations in 46 CFR part 69 without

``substantive change not called for under Public Law 99-509'' (which

revised and consolidated the tonnage measurement laws into a new part J

of 46 U.S.C. subtitle II). In revising part 69, we omitted this

alternative holding method in error.

Recently the Coast Guard received complaints from vessel designers

and builders that the deletion of the bolting and crosspiece option for

tonnage opening covers reduced flexibility and increased costs in

vessel design and construction with no advantage in safety or function.

These complaints prompted the Coast Guard to review the 1989

rulemaking. We found that Public Law 99-509, the basis for the 1989

rule, did not address tonnage openings, and no Coast Guard records

indicate any disadvantages to the bolting and crosspiece arrangement

alternative. Our review determined that the bolting and crosspiece

arrangement option was omitted in error during the 1989 rulemaking. We

are reinstating this option by amending 46 CFR 69.117(d) and (e)

accordingly. Additionally, we are making several editorial changes to

this section to improve clarity. Paragraphs (d)(2) and (e)(3) are

amended to add references to newly revised paragraphs (d)(5) and

(d)(6).

Regulatory Evaluation

This rule is not 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,

1979). We expect 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.

This rule will not impose any additional costs on industry. The

reinstatement of the bolting and crosspiece arrangement, which was

deleted in error in 1989, will allow for increased flexibility in

vessel design and construction, while in no way diminishing vessel

safety. This

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regulation will make the use of the bolting and crosspiece arrangement,

already an accepted industry practice, a legal alternative.

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 regulation will not add any additional costs to industry and

will give industry increased flexibility in vessel design and

construction. 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 this preamble.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist

small entities in understanding this rule so that they can better

evaluate its effects on them and participate in the rulemaking process.

If your small business or organization is affected by this rule and you

have questions concerning its provisions or options for compliance,

please contact Mr. Peter Eareckson, Marine Safety Center, Coast Guard,

telephone 202-366-6441.

Collection of Information

This rule will call for no new collection of information under the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

We have analyzed this rule under E.O. 12612 and have determined

that this rule does not have sufficient implications for federalism to

warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act and Enhancing the Intergovernmental

Partnership

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and

E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093,

October 28, 1993) govern the issuance of Federal regulations that

require unfunded mandates. An unfunded mandate is a regulation that

requires a State, local, or tribal government or the private sector to

incur direct costs without the Federal Government's having first

provided the funds to pay those costs. This rule will not impose an

unfunded mandate.

Taking of Private Property

This rule will not effect a taking of private property or otherwise

have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate

ambiguity, and reduce burden.

Protection of Children

We have analyzed this rule under E.O. 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.

Environment

We considered the environmental impact of this rule and concluded

that, under figure 2-1, paragraphs (34)(d) and (e) of Commandant

Instruction M16475.lC, this rule is categorically excluded from further

environmental documentation. A ``Categorical Exclusion Determination''

is available in the docket for inspection or copying where indicated

under ADDRESSES.

List of Subjects in 46 CFR Part 69

Measurement standards, Reporting and recordkeeping requirements,

Vessels.

For the reasons discussed in the preamble, the Coast Guard amends

46 CFR part 69 as follows:

PART 69--STANDARD MEASUREMENT SYSTEM EXEMPTION FROM GROSS TONNAGE

1. The authority citation for part 69 continues to read as follows:

Authority: 46 U.S.C. 2301, 14103; 49 CFR 1.46.

2. In Sec. 69.117--

a. In paragraph (d)(2) introductory text, remove the words

``paragraph (d)(4)'' and add, in their place, the words ``paragraphs

(d)(4), (d)(5), and (d)(6)'';

b. Revise paragraph (d)(4) to read as follows;

c. Redesignate paragraph (d)(5) as paragraph (d)(7);

d. Add new paragraphs (d)(5) and (d)(6) to read as follows; and

e. In paragraph (e)(3), remove the words ``paragraph (d)(4)'' and

add, in their place, the words ``paragraphs (d)(4), (d)(5), and

(d)(6)'':

Sec. 69.117 Spaces exempt from inclusion in gross tonnage.

* * * * *

(d) * * *

(4) An interior or exterior opening that is temporarily closed by

shifting boards dropped into channel sections at the sides of the

opening is considered open to the weather if battening, caulking, or

gaskets of any material are not used.

(5) An interior or exterior opening that is temporarily closed by

cover plates or boards held in place only by hook bolts (see

Sec. 69.123, Figure 12) is considered open to the weather--

(i) If hook bolts used to secure cover plates or boards are spaced

at least one foot apart and hook over a stiffener installed around the

perimeter of the opening;

(ii) If the cover plates or boards fit tightly against the

bulkhead; and

(iii) If battening, caulking, or gaskets of any material are not

used.

(6) An interior or exterior opening that is temporarily closed by

cover plates or boards held in place only by bolts and crosspieces is

considered open to the weather--

(i) If the bolts are not installed through the bulkhead;

(ii) If the bolts and crosspieces are not held in place by cleats

or other attachments to or through the bulkhead;

(iii) If the cover plates or boards fit tightly against the

bulkhead; and

(iv) If battening, caulking, or gaskets of any material are not

used.

* * * * *

Dated: August 19, 1999.

Joseph J. Angelo,

Director of Standards, Marine Safety and Environmental Protection.

[FR Doc. 99-22213 Filed 8-30-99; 8:45 am]

BILLING CODE 4910-15-P