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Department of Homeland Security Vol. 81 Monday, No. 118 June 20, 2016 Part II Department of Homeland Security Coast Guard 46 CFR Parts 1, 2, 15, et al. Inspection of Towing Vessels; Final Rule VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES 40004 Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations DEPARTMENT OF HOMELAND III. Regulatory History ISM International Safety Management SECURITY A. Statutory Background ISO International Organization for B. Regulatory Background Standardization Coast Guard IV. Discussion of Comments and Changes kPa Kilopascals A. General Feedback on the NPRM LBP Length Between Perpendiculars B. Background and Need for Regulation LCG Longitudinal Center of Gravity 46 CFR Parts 1, 2, 15, 136, 137, 138, C. Organization, General Course, and LORAN Long Range Aid to Navigation 139, 140, 141, 142, 143, 144, and 199 Methods Governing Marine Safety lpm liters per minute [Docket No. USCG–2006–24412] Functions (Part 1) MISLE Marine Information for Safety and D. User Fees and Inspection Table (Part 2) Law Enforcement RIN 1625–AB06 E. Manning (Part 15) MMC Merchant Mariner Credential F. Certification/Definitions/Applicability MOU Memorandum of Understanding Inspection of Towing Vessels (Part 136) MTSA Maritime Transportation Security G. Vessel Compliance (Part 137) Act of 2002 AGENCY: Coast Guard, DHS. H. Towing Safety Management System NAMS National Association of Marine ACTION: Final rule. (TSMS) (Part 138) Surveyors I. Third-Party Organizations (TPOs) (Part NARA National Archives and Records SUMMARY: The Coast Guard is 139) Administration establishing safety regulations governing J. Operations (Part 140) NEC National Electrical Code the inspection, standards, and safety K. Lifesaving (Part 141) NICET National Institute for Certification in management systems of towing vessels. L. Fire Protection (Part 142) Engineering Technologies NFPA National Fire Protection Association We are taking this action because the M. Machinery and Electrical (Part 143) N. Construction and Arrangement (Part NPRM Notice of Proposed Rulemaking Coast Guard and Maritime 144) NRTL Nationally Recognized Testing Transportation Act of 2004 reclassified O. Miscellaneous Comments Laboratory towing vessels as vessels subject to P. Crew Endurance Management Systems NTSB National Transportation Safety Board inspection and authorized the Secretary (CEMS) NVIC Navigation and Vessel Inspection of the Department of Homeland Security Q. Economic Analysis Comments Circular to establish requirements for a safety V. Regulatory Analyses OCMI Officer in Charge, Marine Inspection management system appropriate for the A. Regulatory Planning and Review OIRA Office of Information and Regulatory Affairs characteristics, methods of operation, B. Small Entities C. Assistance for Small Entities OMB Office of Management and Budget and nature of service of towing vessels. D. Collection of Information OSHA Occupational Safety and Health This rule, which includes provisions E. Federalism Administration covering specific electrical and F. Unfunded Mandates Reform Act P.E. Professional Engineer machinery requirements for new and G. Taking of Private Property PFD Personal Flotation Device existing towing vessels, the use and H. Civil Justice Reform PIC Person in charge approval of third-party organizations, I. Protection of Children PPE Personal Protective Equipment and procedures for obtaining J. Indian Tribal Governments psi pounds per square inch RFA Regulatory Flexibility Act Certificates of Inspection, will become K. Energy Effects L. Technical Standards and 1 CFR Part 51 § Section effective July 20, 2016. However, certain M. Environment SAE Society of Automotive Engineers existing towing vessels subject to this SAMS Society of Accredited Marine rule will have an additional 2 years I. Abbreviations Surveyors before having to comply with most of its 2004 Act Coast Guard and Maritime SMS Safety Management System requirements. Transportation Act of 2004 SBA Small Business Administration SOLAS International Convention for the DATES: This final rule is effective July 2010 Act Coast Guard Authorization Act of Safety of Life at Sea, 1974, as amended 20, 2016. The incorporation by reference 2010 2012 Act Coast Guard and Maritime STCW Implementation of the Amendments of certain publications listed in the final to the International Convention on rule is approved by the Director of the Transportation Act of 2012 ABS American Bureau of Shipping Standards of Training, Certification and Federal Register on July 20, 2016. ABSG American Bureau of Shipping Group Watchkeeping for Seafarers, 1978, and Changes to Domestic Endorsements ADDRESSES: Comments and material ABYC American Boat and Yacht Council TPO Third-party organization received from the public, as well as AED Automatic External Defibrillator TSAC Towing Safety Advisory Committee ANSI American National Standards documents mentioned in this preamble TSMS Towing Safety Management System Institute as being available in the docket, are part TVR Towing vessel record AWO American Waterways Operators of docket USCG–2006–24412 and are U.S.C. United States Code BLS Bureau of Labor Statistics available on the Internet by going to UWILD Underwater inspection in lieu of CEMS Crew Endurance Management http://www.regulations.gov, inserting drydocking System VCG Vertical Center of Gravity USCG–2006–24412 in the ‘‘Keyword’’ COI Certificate of Inspection box, and then clicking ‘‘Search.’’ VHF Very High Frequency COTP Captain of the Port VSL Value of a statistical life FOR FURTHER INFORMATION CONTACT: If DHS Department of Homeland Security VTS Vessel Traffic Service you have questions on this rule, call EPIRB Emergency Position Indicating Radio LCDR William Nabach, Project Manager, Beacon II. Executive Summary FAST Fatigue Avoidance Scheduling Tool CG–OES–2, Coast Guard, telephone A. Purpose and Authority 202–372–1386. FR Federal Register FRFA Final regulatory flexibility In 2004, Congress reclassified towing SUPPLEMENTARY INFORMATION: assessment vessels as vessels subject to inspection Table of Contents for Preamble gpm gallons per minute under part B of subtitle II of title 46, GRT Gross register tons I. Abbreviations HIPAA Health Insurance Portability and United States Code (U.S.C.), and II. Executive Summary Accountability Act of 1996 authorized the Secretary of Homeland A. Purpose and Authority HOS Hours of Service Security to establish requirements for B. Overview of Rule IMO International Maritime Organization the inspection of towing vessels, their C. Costs and Benefits IRFA Initial regulatory flexibility analysis possible use of safety management VerDate Sep<11>2014 18:27 Jun 17, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20JNR2.SGM 20JNR2 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Rules and Regulations 40005 systems (SMS) and hours of service safety acceptable to the Coast Guard. of a COI, but the fee would be charged requirements for them. The legislative Alternatively, under the Coast Guard annually starting a year later. history, which pointed to the need for inspection option, routine inspections C. Costs and Benefits a ‘‘full safety inspection of towing would be conducted by the Coast Guard, vessels,’’ references two towing vessel providing an option for those operators This rule will affect approximately incidents involving a total of 19 deaths. who choose not to develop and 5,509 U.S. flag towing vessels engaged In September 2001, a towing vessel implement their own TSMS. in pushing, pulling, or hauling struck a bridge at South Padre Island, The rule also creates many new alongside, and the 1,096 companies that TX. The bridge collapsed, and 5 people requirements for design, construction, own or operate them. Towing vessels died when their cars or trucks went into equipment, and operation of towing not covered by this rule include towing the water. On May 26, 2002, a towing vessels. Those requirements are vessels inspected under subchapter I, vessel struck the I–40 highway bridge typically based on industry consensus work boats, and recreational vessel over the Arkansas River at Webber Falls, standards or existing Coast Guard towing vessels. OK. The bridge collapsed, and 14 requirements for similar vessels. To The estimate for total industry and net people died when their cars or trucks develop these requirements for towing government costs is $41.5 million went into the Arkansas River. 150 Cong. vessels, the Coast Guard started by annualized at a 7 percent discount rate Rec. H6469–01, 2004 WL 1630278; and publishing a notice in 2004 (69 FR over a 10-year period of analysis. The H.R. Conf. Rep. 108–617, 2004 78471) that asked questions and estimate for monetized benefits is $46.4 U.S.C.C.A.N. 936, 951. announced public meetings to seek million annualized at a 7 percent This final rule implements most guidance in implementing the 2004 Act discount rate, based on the mitigation of provisions of the Notice of Proposed provisions. We also worked with the risks from towing vessel accidents in Rulemaking (NPRM)(76 FR 49976, Aug. Towing Safety Advisory Committee terms of lives lost, injuries, oil spilled, 11, 2011) as proposed, but makes (TSAC), industry groups, and a and property damage. changes to address concerns of the contractor (ABSG Consulting—tasked Subtracting the annualized monetized public and industry expressed in with providing
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