Rule2023-19421
DUKW Amphibious Passenger Vessels
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 11, 2023
Effective
September 11, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 174 (Monday, September 11, 2023)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19421]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#f2b1b5b7bcb5b287819195dc9f9b9e"><span class="__cf_email__" data-cfemail="2a696d6f646d6a5f59494d04474346">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>. To do so, go
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
---------------------------------------------------------------------------
\1\ See Public Law 117-263, December 23, 2022, 136 Stat 2395.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\2\ Navigation and Inspection Circular No. 1-01,
<a href="http://www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2001/n1-01.pdf">www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2001/n1-01.pdf</a> (last visited 5/10/23).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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. <a href="https://doi.org/10.17226/26447">https://doi.org/10.17226/26447</a> (last visited 5/10/23).
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
Training requirement Current requirement?
------------------------------------------------------------------------
Section 11502(b)(5)(A)--Annual training for operators and crew of DUKW
APVs
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
Section 11502(b)(5)(B)--Annual training for crew of DUKW APVs to respond
to emergency situations
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\4\ <a href="https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex">https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex</a>.
\5\ <a href="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/">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/</a>.
---------------------------------------------------------------------------
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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.