83 FR 53818 - Harmonization of Fire Protection Equipment Standards for Towing Vessels
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 207 (October 25, 2018)
Coast Guard
Federal Register Volume 83, Issue 207 (October 25, 2018)
| Page Range | 53818-53822 | |
| FR Document | 2018-23314 |
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)] [Rules and Regulations] [Pages 53818-53822] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23314] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 136 and 142 [Docket No. USCG-2017-1060] RIN 1625-AC43 Harmonization of Fire Protection Equipment Standards for Towing Vessels AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is finalizing an interim final rule that applied the changes made by the 2016 final rule, ``Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment,'' to inspected towing vessels. The interim final rule, published February 26, 2018 in the Federal Register, aligned fire protection and equipment regulations for inspected towing vessels with other commercial vessel regulations. The Coast Guard received no comments on the interim rule, and adopts the interim final rule with one clarification. DATES: This final rule is effective November 26, 2018. ADDRESSES: Documents mentioned in this preamble are available in the public docket by going to http://www.regulations.gov, typing USCG-2017- 1060 in the ``SEARCH'' box and clicking ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: For information about this document, call or email LT Alexandra Miller, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; telephone 202-372-1356, email [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Background Information, Legal Authority, and Discussion of Change [[Page 53819]] III. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards and Incorporation by Reference M. Environment I. Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security Fire Protection rule ``Harmonization of Standards for Fire Protection, Detection, and Extinguishing Equipment'' final rule (81 FR 48220, July 22, 2016) FR Federal Register NFPA 10 National Fire Protection Association Standard for Portable Fire Extinguishers, 2010 edition OCMI Officer in Charge, Marine Inspection OMB Office of Management and Budget RA Regulatory Analyses Sec. Section symbol Subchapter C 46 CFR subchapter C--Uninspected Vessels Subchapter M 46 CFR subchapter M--Towing Vessels U.S.C. United States Code II. Background Information, Legal Authority, and Discussion of Change On February 26, 2018, the Coast Guard published an interim final rule with request for comments entitled ``Harmonization of Fire Protection Equipment Standards for Towing Vessels'' in the Federal Register (83 FR 8175). We received no comments. This final rule adopts the interim final rule, with one change. For a detailed description of the regulations finalized by this final rule, see the preamble of the interim final rule (83 FR 8175, February 28, 2018). The Coast Guard may regulate fire protection equipment on inspected towing vessels under the statutory authority found in 46 U.S.C. 3301 and 3306, which was delegated by the Secretary of Homeland Security to the Coast Guard in DHS Delegation Number 0170.1(II)(92). The interim final rule harmonized fire protection equipment requirements regarding portable and semi-portable fire extinguishers on inspected towing vessels with the requirements for other commercial vessels in Title 46 of the Code of Federal Regulations (CFR), including uninspected towing vessels. Prior to the publication of the interim final rule, inspected towing vessels were subject to older, less modern fire protection regulations for fire extinguishers than uninspected towing vessels and other commercial vessels. The interim final rule corrected the inconsistent situation where a towing vessel transitioning from uninspected to inspected status would be required to comply with the previous standards instead of the newer standards. The interim final rule provided uniformity in fire protection equipment requirements across uninspected and inspected towing vessel fleets. In this final rule we add clarifying language to 46 CFR 142.215(d) to eliminate possible ambiguity as to whether existing firefighting equipment must meet the requirements of part 142. The additional language in Sec. 142.215(d) clarifies that this paragraph applies only to excess existing firefighting equipment and installations. When the Coast Guard issued a final rule establishing inspected towing vessels as a class of vessel,\1\ Sec. 142.215(c) provided the requirements for carriage of both new and existing excess firefighting equipment and installations. In the interim final rule, we attempted to clarify the excess firefighting equipment requirements by breaking Sec. 142.215(c) into two sections: Sec. 142.215(c) for new equipment and Sec. 142.215(d) for existing equipment. In doing so, we inadvertently omitted the statement that Sec. 142.215(d) only applies to excess existing firefighting equipment and installations. Therefore, we are correcting that omission in this final rule. --------------------------------------------------------------------------- \1\ See 81 FR 40003 (June 20, 2016). --------------------------------------------------------------------------- Section 553(b)(B) of Title 5 U.S.C. provides an exception from notice and comment rulemaking requirements when an agency finds that notice and comment are ``impracticable, unnecessary, or contrary to the public interest.'' In the interim final rule, we separated the excess equipment requirements in 46 CFR 142.215(c) into two sections: One for existing firefighting equipment and one for new firefighting equipment. In doing so, however, the Coast Guard did not intend to change the original requirements of Sec. 142.215(c). In the preamble to the Inspection of Towing Vessels final rule, which initially created Sec. 142.215(c), we said we ``have added a paragraph (c) to this section to address equipment that is installed but not required by this subpart.'' (81 FR 40003, 40057, June 20, 2016). This preamble language makes clear that we intended paragraph (c) to apply to both new and existing excess firefighting equipment on towing vessels. However, when the Coast Guard created Sec. 142.215(d) in the 2018 interim final rule, the Coast Guard inadvertently omitted the statement that Sec. 142.215(d) only applies to excess existing firefighting equipment and installations. As currently written in the interim final rule, Sec. 142.215(d) could be interpreted as a blanket grandfathering clause for existing equipment and installations to forego some or all of the requirements of part 142. This interpretation was never intended. The Regulatory Analyses in the interim final rule described the creation of Sec. 142.215(d) from the last sentence of previous Sec. 142.215(c) as a change to ``[e]dit and reorganize paragraph for clarity'' and characterized it as a ``non-substantive text edit'' (83 FR 8177). Additionally, the interim final rule referred to the creation of paragraph (d) in its Cost Analysis section as ``Add[ing] a new paragraph to allow equipment beyond the regulatory minimum'' (83 FR 8177). In this final rule, the Coast Guard is adding clarifying language in paragraph (d) to align with our original intent for this section, to allow excess equipment to remain in use if it does not meet all the requirements of 46 CFR part 142. Public comment on this clarifying language is unnecessary, because the change will not alter the fire equipment and installations requirements already required for the towing vessel population. Since the interim final rule, the Coast Guard has not enforced Sec. 142.215(d) as a blanket grandfathering clause, and no existing inspected or uninspected towing vessels will need to do anything new in order to comply with the amended paragraph (d). Because this change to Sec. 142.215(d) clarifies the original intent of the section and does not alter the expectations and duties of the affected population, prior notice and opportunity to comment on the change is unnecessary. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause to forgo notice and comment. III. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders. A. Regulatory Planning and Review Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, [[Page 53820]] environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs), directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. Because this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum titled ``Guidance Implementing Executive Order 13771, titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 2017). A regulatory analysis (RA) follows. This final rule will implement the interim final rule's update to the fire safety rules in subchapter M with one change: The addition of clarifying language to Sec. 142.215(d). This RA presents the costs and benefits of this one change. The costs and the benefits of the interim final rule are located in the RA section of that rule (83 FR 8175; February 26, 2018). The Coast Guard believes this will be a cost neutral rule, as we do not expect the addition of clarifying language to Sec. 142.215(d) to generate any costs or quantifiable benefits to either industry or government. Table 1 presents a summary of the impacts of this rule. Table 1--Summary of Impacts of the Rule ------------------------------------------------------------------------ Category Summary ------------------------------------------------------------------------ Applicability..................... Towing vessels required to be inspected under subchapter M. Affected population............... 5,509 towing vessels. Costs............................. No costs identified. Benefits.......................... Provides clarifying language on an ambiguously written regulatory section in the interim final rule. ------------------------------------------------------------------------ Affected Population The affected population consists of the U.S.-flagged towing vessels subject to the provisions of subchapter M. The RA performed for the Inspection of Towing Vessels final rule identified 5,509 towing vessels that will be affected and concluded that the long-term pattern was a steady-state population. We have no new information to revise that conclusion and will use the population from that rule for this analysis. Cost Analysis This rule adapts the interim final rule's alignment of fire protection and equipment regulations for inspected towing vessels with other commercial vessels, with one additional change. The final rule will add text to clarify the wording in Sec. 142.215(d), which allows extra equipment to remain in service on a vessel even if it does not meet the specific requirements of the applicable regulations, as long as it is approved by the local OCMI. Table 2 describes the economic impact of this change. Table 2--Assessment of Cost Impacts of Changes Made Between the Interim Final Rule and Final Rule ------------------------------------------------------------------------ Description of change given in the interim final rule Sec. Type of change Cost impact 142.215(d) ------------------------------------------------------------------------ Added additional text to Sec. Non-substantive No cost, because all 142.215(d) to clarify that text edit only. existing vessels are the section only applies to already required to equipment not required or in be in compliance excess of the regulatory with the regulatory minimum. requirements of part 142 from when they were uninspected, under subchapter C. ------------------------------------------------------------------------ Benefits This final rule will adapt the interim final rule's harmonization of the fire safety rules in subchapter M with the fire safety rules applicable to uninspected towing vessels and commercial vessels. The final rule also provides clarifying language in the regulatory text, ensuring that there is no confusion about the intent of Sec. 142.215(d). This section allows equipment in excess of this part to remain in service on a vessel even if it does not meet the specific requirements of the applicable regulations, as long as it is found acceptable by the local OCMI. Without this additional text, the Coast Guard believes the section could be read as a blanket grandfathering clause, and we would have to issue guidance to all OCMIs to ensure that all required existing equipment meets the requirements of part 142. B. Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 Coast Guard received no comments from the Small Business Administration on this rulemaking. Our economic analysis concluded that this final rule will have no cost impact and will not affect the small entities that own and operate the towing vessels that comprise the affected population, described above. 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. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. The Coast Guard will not retaliate against [[Page 53821]] small entities that question or complain about this rule or any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). D. Collection of Information This rule calls for no new collection of information or modification of an existing collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. E. 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 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, 120 S.Ct. 1135 (2000). This rule covers foreclosed categories as it establishes regulations covering fire extinguishing equipment for towing vessels subject to inspection under 46 U.S.C. 3301 and 3306. 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. F. 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 (adjusted for inflation) or more in any one year. Although this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. G. 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). H. 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. I. 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. J. 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. K. Energy Effects We have analyzed this 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. L. Technical Standards and Incorporation by Reference 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. The interim rule, as adopted by this final rule, uses the following updated voluntary consensus standard: NFPA 10, Standard for Portable Fire Extinguishers, 2010 Edition, effective December 5, 2009. This standard applies to the selection, installation, inspection, maintenance, recharging, and testing of portable fire extinguishers. Consistent with 1 CFR part 51 incorporation by reference provisions, this material is reasonably available. Interested persons have access to it through their normal course of business, may purchase it from the organization identified in 46 CFR 136.112(h), or may view a copy by means we have identified in that section. M. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01(series), and Commandant Instruction M16475.lD (COMTINST M16475.1D), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded 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 where indicated under the ``Public Participation and Request for Comments'' section of this preamble. This rule makes final updates to 46 CFR subchapter M which harmonized fire safety standards for inspected towing vessels with those of other commercial vessels. These updated regulations are categorically excluded under paragraphs L52, L54, L57, and L58 of Appendix A, Table 1 of DHS Instruction Manual 023-01(series). Paragraph L52 pertains to regulations [[Page 53822]] concerning vessel operation safety standards; paragraph L54 pertains to regulations which are editorial or procedural; paragraph L57 pertains to regulations involving the inspection and equipping of vessels; and paragraph L58 pertains to regulations concerning equipment approval and carriage requirements.\2\ --------------------------------------------------------------------------- \2\ Please note that the USCG categorical exclusions used in the NEPA analysis for the interim final rule, published on February 26, 2018, appear as cited in Figure 2 of COMDTINST M16475.1D and under paragraph 6(a) of the ``Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy'' (67 FR 48243, July 23, 2002). The categorical exclusions that appear in Appendix A, Table 1 of DHS Instruction Manual 023-01 (series) use a different numbering system, but are substantially equivalent to those used for the interim final rule. --------------------------------------------------------------------------- List of Subjects in 46 CFR Part 142 Fire prevention, Incorporation by reference, Marine safety, Reporting and recordkeeping requirements, Towing vessels. For the reasons discussed in the preamble, the Coast Guard adopts the interim final rule amending 46 CFR 136 and 142 as final, except it amends 46 CFR part 142 as follows: PART 142--FIRE PROTECTION 0 1. The authority citation for part 142 continues to read as follows: Authority: 46 U.S.C. 3103, 3301, 3306, 3308, 3316, 8104, 8904; 33 CFR 1.05; Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 142.215(d) to read as follows: Sec. 142.215 Approved equipment. * * * * * (d) Existing equipment and installations, of a type not required, or in excess of that required by this part, not meeting the applicable requirements of this part may be continued in service so long as they are in good condition and accepted by the local OCMI or TPO. Dated: October 18, 2018. J.P. Nadeau, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention Policy. [FR Doc. 2018-23314 Filed 10-24-18; 8:45 am] BILLING CODE 9110-04-P
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replacement; see paragraph (c)(138) of 439.11 as published in the (Wisconsin) (ii) Additional material. Wisconsin
this section. Register, December, 1993, No. 456, Natural Resources Board January 27,
* * * * * effective January 1, 1994. NR 439.08 as 2016, Board Order AM–15–14 to repeal
(E) Wisconsin Administrative Code, published in the (Wisconsin) Register, NR 420.02(8m), (26), (32), and (38m),
Chapter NR 494 Enforcement and May, 1993, No. 449, effective June 1, 425.035, 439.06(3)(i), 484.05(4) and (5),
Penalties for Violation of Air Pollution 1993. NR 439.10 as published in the and 494.04; as published in the
Control Provisions; renumbered (Wisconsin) Register, September, 1987, Wisconsin Register July 2016, No. 727,
Sections NR 494.025 and 494.03 to NR No. 381, effective October 1, 1987. effective August 1, 2016.
494.03 and 494.05; Section NR 494.04 Section NR 439.06(3)(i) was rescinded [FR Doc. 2018–23244 Filed 10–24–18; 8:45 am]
Tagging Gasoline Dispensing in 2016 and is removed without BILLING CODE 6560–50–P
Equipment; published in the Wisc. replacement; see paragraph (c)(138) of
Admin. Code in January 1993 and took this section.
effect on February 1, 1993. Section NR (J) Chapter NR 484: INCORPORA- DEPARTMENT OF HOMELAND
494.04 was rescinded in 2016 and is TION BY REFERENCE. NR 484.01 as SECURITY
removed without replacement; see published in the (Wisconsin) Register,
paragraph (c)(138) of this section. May, 1992, No. 437, effective June 1, Coast Guard
* * * * * 1992. NR 484.02 as published in the
(73) * * * (Wisconsin) Register, September, 1986, 46 CFR Parts 136 and 142
(i) * * * No. 369, effective October 1, 1986. NR
484.03 as published in the (Wisconsin) [Docket No. USCG–2017–1060]
(C) Chapter NR 420: CONTROL OF
ORGANIC COMPOUND EMISSIONS Register, May, 1993, No. 449, effective RIN 1625–AC43
FROM PETROLEUM AND GASOLINE June 1, 1993. NR 484.04, 484.05 and
SOURCES. NR 420.01 as published in 484.06 as published in the (Wisconsin) Harmonization of Fire Protection
the (Wisconsin) Register, February, Register, December, 1993, No. 456, Equipment Standards for Towing
1990, No. 410, effective March, 1, 1990. effective January 1, 1994. NR 484.08 and Vessels
NR 420.02 and 420.045 as published in 484.09 as published in the (Wisconsin)
Register, October, 1992, No. 442, AGENCY: Coast Guard, DHS.
the (Wisconsin) Register, January, 1993,
No. 445, effective February 1, 1993. NR effective November 1, 1992. Section NR ACTION: Final rule.
420.03 and 420.04 as published in the 484.04(3) was repealed in 2011 and is
SUMMARY: The Coast Guard is finalizing
(Wisconsin) Register, December, 1993, removed without replacement; see
an interim final rule that applied the
No. 456, effective January 1, 1994. NR paragraph (c)(130) of this section.
changes made by the 2016 final rule,
420.05 as published in the (Wisconsin) Sections NR 484.05(4) and NR 484.04(5)
‘‘Harmonization of Standards for Fire
Register, May, 1992, No. 437, effective were rescinded in 2016 and are removed
Protection, Detection, and Extinguishing
June 1, 1992. Section NR 420.045 was without replacement; see paragraph
Equipment,’’ to inspected towing
rescinded in 2013 and is removed (c)(138) of this section.
vessels. The interim final rule,
without replacement; see paragraph * * * * * published February 26, 2018 in the
(c)(129) of this section. Sections NR (138) On May 16, 2017, the Wisconsin Federal Register, aligned fire protection
420.02(8m), (26), (32), and (38m) were Department of Natural Resources and equipment regulations for inspected
rescinded in 2016 and are removed submitted a request to remove, from the towing vessels with other commercial
without replacement; see paragraph Wisconsin ozone State Implementation vessel regulations. The Coast Guard
(c)(138) of this section. Plan, residual Stage II vapor recovery received no comments on the interim
* * * * * program provisions that remained in rule, and adopts the interim final rule
(H) Chapter NR 425: COMPLIANCE place after the program was with one clarification.
SCHEDULES, EXCEPTIONS, decommissioned. The request also
DATES: This final rule is effective
REGISTRATION AND DEFERRALS FOR updates the definition of VOC at
November 26, 2018.
ORGANIC COMPOUND EMISSION Wisconsin Administrative Code Chapter
SOURCES IN CHS. NR 419 TO 424. NR NR 400.02(162) to add the following ADDRESSES: Documents mentioned in
425.01 and 425.02 as published in the compounds to the list of excluded this preamble are available in the public
(Wisconsin) Register, February, 1990, compounds at NR 400.02(162): Trans- docket by going to http://
No. 410, effective March 1, 1990. NR 1,3,3,3-tetrafluoropropene (HFO- www.regulations.gov, typing USCG–
425.03, 425.04 and 425.05 as published 1234ze), HCF2OCF2H (HFE-134), 2017–1060 in the ‘‘SEARCH’’ box and
in the (Wisconsin) Register, December, HCF2OCF2OCF2H (HFE-236cal2), clicking ‘‘SEARCH.’’ Click on Open
1993, No. 456, effective January 1, 1994. HCF2OCF2CF2OCF2H (HFE-338pcc13), Docket Folder on the line associated
NR 425.035 as published in the HCF2OCF2OCF2CF2OCF2H (H-Galaden with this rule.
(Wisconsin) Register, January, 1993, No. 1040X or H-Galden ZT 130 (or 150 or FOR FURTHER INFORMATION CONTACT: For
445, effective February 1, 1993. Section 180), Trans-1-chloro-3,3,3-triflouroprop- information about this document, call or
NR 425.035 was rescinded in 2016 and 1-ene (SolsticeTM 1233zd(E)), 2,3,3,3- email LT Alexandra Miller, Office of
is removed without replacement; see tetraflouropropene (HFO-1234yf), and Design and Engineering Standards,
paragraph (c)(138) of this section. 2-amino-2-methyl-1-propanol (AMP; Lifesaving and Fire Safety Division (CG–
(I) Chapter NR 439: REPORTING, CAS number 124–68–5). The request ENG–4), Coast Guard; telephone 202–
RECORDKEEPING, TESTING, also includes minor amendments that 372–1356, email Alexandra.S.Miller@
INSPECTION AND DETERMINATION contain minor stylistic edits for clarity. uscg.mil.
daltland on DSKBBV9HB2PROD with RULES
OF COMPLIANCE REQUIREMENTS. (i) Incorporation by reference. NR SUPPLEMENTARY INFORMATION:
NR 439.01 and 439.085 as published in 400.02(162), NR 420.02(39), NR
the (Wisconsin) Register, May, 1992, No. 420.03(4)(b)3, NR 420.04(1)(b)4, and NR Table of Contents for Preamble
437, effective June 1, 1992. NR 439.02, 420.04(3)(c)1 as published in the I. Abbreviations
439.03, 439.04, 439.05, 439.055, 439.06, Wisconsin Register, July 2016, No. 727, II. Background Information, Legal Authority,
439.07, 439.075, 439.09, 439.095 and effective August 1, 2016. and Discussion of Change
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III. Regulatory Analyses extinguishers than uninspected towing final rule, the Coast Guard inadvertently
A. Regulatory Planning and Review vessels and other commercial vessels. omitted the statement that § 142.215(d)
B. Small Entities The interim final rule corrected the only applies to excess existing
C. Assistance for Small Entities inconsistent situation where a towing firefighting equipment and installations.
D. Collection of Information
E. Federalism vessel transitioning from uninspected to As currently written in the interim final
F. Unfunded Mandates Reform Act inspected status would be required to rule, § 142.215(d) could be interpreted
G. Taking of Private Property comply with the previous standards as a blanket grandfathering clause for
H. Civil Justice Reform instead of the newer standards. The existing equipment and installations to
I. Protection of Children interim final rule provided uniformity forego some or all of the requirements
J. Indian Tribal Governments in fire protection equipment of part 142. This interpretation was
K. Energy Effects requirements across uninspected and never intended. The Regulatory
L. Technical Standards and Incorporation inspected towing vessel fleets. Analyses in the interim final rule
by Reference In this final rule we add clarifying described the creation of § 142.215(d)
M. Environment language to 46 CFR 142.215(d) to from the last sentence of previous
I. Abbreviations eliminate possible ambiguity as to § 142.215(c) as a change to ‘‘[e]dit and
whether existing firefighting equipment reorganize paragraph for clarity’’ and
CFR Code of Federal Regulations
must meet the requirements of part 142. characterized it as a ‘‘non-substantive
DHS Department of Homeland Security
Fire Protection rule ‘‘Harmonization of The additional language in § 142.215(d) text edit’’ (83 FR 8177). Additionally,
Standards for Fire Protection, Detection, clarifies that this paragraph applies only the interim final rule referred to the
and Extinguishing Equipment’’ final rule to excess existing firefighting equipment creation of paragraph (d) in its Cost
(81 FR 48220, July 22, 2016) and installations. When the Coast Guard Analysis section as ‘‘Add[ing] a new
FR Federal Register issued a final rule establishing paragraph to allow equipment beyond
NFPA 10 National Fire Protection inspected towing vessels as a class of the regulatory minimum’’ (83 FR 8177).
Association Standard for Portable Fire vessel,1 § 142.215(c) provided the In this final rule, the Coast Guard is
Extinguishers, 2010 edition requirements for carriage of both new adding clarifying language in paragraph
OCMI Officer in Charge, Marine Inspection and existing excess firefighting (d) to align with our original intent for
OMB Office of Management and Budget
equipment and installations. In the this section, to allow excess equipment
RA Regulatory Analyses
§ Section symbol interim final rule, we attempted to to remain in use if it does not meet all
Subchapter C 46 CFR subchapter C— clarify the excess firefighting equipment the requirements of 46 CFR part 142.
Uninspected Vessels requirements by breaking § 142.215(c) Public comment on this clarifying
Subchapter M 46 CFR subchapter M— into two sections: § 142.215(c) for new language is unnecessary, because the
Towing Vessels equipment and § 142.215(d) for existing change will not alter the fire equipment
U.S.C. United States Code equipment. In doing so, we and installations requirements already
II. Background Information, Legal inadvertently omitted the statement that required for the towing vessel
Authority, and Discussion of Change § 142.215(d) only applies to excess population. Since the interim final rule,
existing firefighting equipment and the Coast Guard has not enforced
On February 26, 2018, the Coast installations. Therefore, we are § 142.215(d) as a blanket grandfathering
Guard published an interim final rule correcting that omission in this final clause, and no existing inspected or
with request for comments entitled rule. uninspected towing vessels will need to
‘‘Harmonization of Fire Protection Section 553(b)(B) of Title 5 U.S.C. do anything new in order to comply
Equipment Standards for Towing provides an exception from notice and with the amended paragraph (d).
Vessels’’ in the Federal Register (83 FR comment rulemaking requirements Because this change to § 142.215(d)
8175). We received no comments. This when an agency finds that notice and clarifies the original intent of the section
final rule adopts the interim final rule, comment are ‘‘impracticable, and does not alter the expectations and
with one change. For a detailed unnecessary, or contrary to the public duties of the affected population, prior
description of the regulations finalized interest.’’ In the interim final rule, we notice and opportunity to comment on
by this final rule, see the preamble of separated the excess equipment the change is unnecessary. Under 5
the interim final rule (83 FR 8175, requirements in 46 CFR 142.215(c) into U.S.C. 553(b)(B), the Coast Guard finds
February 28, 2018). two sections: One for existing good cause to forgo notice and
The Coast Guard may regulate fire firefighting equipment and one for new comment.
protection equipment on inspected firefighting equipment. In doing so,
towing vessels under the statutory however, the Coast Guard did not III. Regulatory Analyses
authority found in 46 U.S.C. 3301 and intend to change the original We developed this rule after
3306, which was delegated by the requirements of § 142.215(c). In the considering numerous statutes and
Secretary of Homeland Security to the preamble to the Inspection of Towing Executive orders related to rulemaking.
Coast Guard in DHS Delegation Number Vessels final rule, which initially Below we summarize our analyses
0170.1(II)(92). The interim final rule created § 142.215(c), we said we ‘‘have based on these statutes or Executive
harmonized fire protection equipment added a paragraph (c) to this section to orders.
requirements regarding portable and address equipment that is installed but
semi-portable fire extinguishers on A. Regulatory Planning and Review
not required by this subpart.’’ (81 FR
inspected towing vessels with the 40003, 40057, June 20, 2016). This Executive Orders 12866 (Regulatory
requirements for other commercial preamble language makes clear that we Planning and Review) and 13563
(Improving Regulation and Regulatory
daltland on DSKBBV9HB2PROD with RULES
vessels in Title 46 of the Code of Federal intended paragraph (c) to apply to both
Regulations (CFR), including new and existing excess firefighting Review) direct agencies to assess the
uninspected towing vessels. equipment on towing vessels. costs and benefits of available regulatory
Prior to the publication of the interim However, when the Coast Guard alternatives and, if regulation is
final rule, inspected towing vessels were created § 142.215(d) in the 2018 interim necessary, to select regulatory
subject to older, less modern fire approaches that maximize net benefits
protection regulations for fire 1 See 81 FR 40003 (June 20, 2016). (including potential economic,
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![53822 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations
concerning vessel operation safety FEDERAL COMMUNICATIONS Federal Communications Commission.
standards; paragraph L54 pertains to COMMISSION Marlene Dortch,
regulations which are editorial or Secretary, Office of the Secretary.
procedural; paragraph L57 pertains to 47 CFR Part 1 [FR Doc. 2018–23355 Filed 10–24–18; 8:45 am]
regulations involving the inspection and BILLING CODE 6712–01–P
equipping of vessels; and paragraph L58 [WC Docket No. 17–84, WT Docket No. 17–
pertains to regulations concerning 79; Report No. 3105]
equipment approval and carriage FEDERAL COMMUNICATIONS
Petitions for Reconsideration of Action COMMISSION
requirements.2
in Rulemaking Proceeding
List of Subjects in 46 CFR Part 142 47 CFR Part 1
AGENCY:Federal Communications
Fire prevention, Incorporation by Commission. [GN Docket No. 12–268; FCC 14–50]
reference, Marine safety, Reporting and
ACTION: Petitions for reconsideration. Expanding the Economic and
recordkeeping requirements, Towing
Innovation Opportunities of Spectrum
vessels. Through Incentive Auctions
SUMMARY: Petitions for Reconsideration
For the reasons discussed in the (Petitions) have been filed in the
preamble, the Coast Guard adopts the AGENCY: Federal Communications
Commission’s Rulemaking proceeding Commission.
interim final rule amending 46 CFR 136 by Joseph Van Eaton, on behalf of Smart
and 142 as final, except it amends 46 ACTION: Final rule; announcement of
Communities and Special District
CFR part 142 as follows: effective date.
Coalition, Bruce Regal, on behalf of The
City of New York, Michael C. Levine, on SUMMARY: In this document, the
PART 142—FIRE PROTECTION behalf of Country Road Association of Commission announces that the Office
Michigan and Thomas B. Magee, on of Management and Budget (OMB) has
■ 1. The authority citation for part 142 behalf of Coalition of Concerned approved, on an emergency basis, new
continues to read as follows: Utilities. information collection requirements and
Authority: 46 U.S.C. 3103, 3301, 3306, FCC Form 1875, Reverse Auction
DATES: Oppositions to the Petitions
3308, 3316, 8104, 8904; 33 CFR 1.05; (Auction 1001) Incentive Payment
must be filed on or before November 9,
Department of Homeland Security Delegation Instructions from Reverse Auction
2018. Replies to an opposition must be
No. 0170.1. Winning Bidder associated with the
filed on or before November 19, 2018.
Commission’s Expanding the Economic
■ 2. Revise § 142.215(d) to read as and Innovation Opportunities of
ADDRESSES:Federal Communications
follows: Commission, 445 12th Street SW, Spectrum Through Incentive Auctions
§ 142.215 Approved equipment. Washington, DC 20554. Report and Order (Incentive Auction
Report and Order), FCC 14–50. This
* * * * * FOR FURTHER INFORMATION CONTACT:
document is consistent with the
(d) Existing equipment and Adam Copeland, Wireline Competition
Incentive Auction Report and Order,
installations, of a type not required, or Bureau, at: (202) 418–1037; email:
which stated that the Commission
in excess of that required by this part, Adam.Copeland@fcc.gov.
would publish a document in the
not meeting the applicable requirements SUPPLEMENTARY INFORMATION: This is a Federal Register announcing OMB
of this part may be continued in service summary of the Commission’s approval and the effective date of the
so long as they are in good condition document, Report No. 3105, released new information collection
and accepted by the local OCMI or TPO. October 18, 2018. The full text of the requirements.
Petitions is available for viewing and DATES: The amendment to 47 CFR
Dated: October 18, 2018.
copying at the FCC Reference 1.2209 published at 79 FR 48442 on
J.P. Nadeau, Information Center, 445 12th Street SW, August 15, 2014, is effective on October
Rear Admiral, U.S. Coast Guard, Assistant Room CY–A257, Washington, DC 20554.
Commandant for Prevention Policy.
25, 2018.
It also may be accessed online via the
FOR FURTHER INFORMATION CONTACT: For
[FR Doc. 2018–23314 Filed 10–24–18; 8:45 am] Commission’s Electronic Comment
additional information contact Nicole
BILLING CODE 9110–04–P Filing System at: http://apps.fcc.gov/
Ongele, Nicole.Ongele@fcc.gov, (202)
ecfs/. The Commission will not send a
418–2991.
Congressional Review Act (CRA)
SUPPLEMENTARY INFORMATION: This
submission to Congress or the
Government Accountability Office document announces that, on January
pursuant to the CRA, 5.U.S.C. 17, 2017 OMB approved, on an
801(a)(1)(A), because no rules are being emergency basis, new information
2 Please note that the USCG categorical exclusions adopted by the Commission. collection requirements and FCC Form
used in the NEPA analysis for the interim final rule, 1875, Reverse Auction (Auction 1001)
Subject: Accelerating Wireline Incentive Payment Instructions from
published on February 26, 2018, appear as cited in
Figure 2 of COMDTINST M16475.1D and under
Broadband Deployment by Removing Reverse Auction Winning Bidder,
paragraph 6(a) of the ‘‘Appendix to National Barriers to Infrastructure Investment, contained in the Commission’s
Environmental Policy Act: Coast Guard Procedures FCC 18–111, published at 83 FR 46812, Incentive Auction Report and Order,
daltland on DSKBBV9HB2PROD with RULES
for Categorical Exclusions, Notice of Final Agency September 14, 2018, in WC Docket No. FCC 14–50, published at 79 FR 48442,
Policy’’ (67 FR 48243, July 23, 2002). The 17–84; WT Docket No 17–79. This August 15, 2014. The OMB Control
categorical exclusions that appear in Appendix A, document is being published pursuant
Table 1 of DHS Instruction Manual 023–01 (series)
Number is 3060–1224. The Commission
to 47 CFR 1.429(e). See also 47 CFR publishes this document as an
use a different numbering system, but are
substantially equivalent to those used for the
1.4(b)(1) and 1.429(f), (g). announcement of the effective date of
interim final rule. Number of Petitions Filed: 4. the rules and requirements. If you have
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Document Created: 2018-10-25 01:45:42
Document Modified: 2018-10-25 01:45:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective November 26, 2018. | |
| Contact | For information about this document, call or email LT Alexandra Miller, Office of Design and Engineering Standards, Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; telephone 202-372-1356, email [email protected] | |
| FR Citation | 83 FR 53818 | |
| RIN Number | 1625-AC43 | |
| CFR Citation | 46
CFR
136 46 CFR 142 | |
| CFR Associated | Fire Prevention; Incorporation by Reference; Marine Safety; Reporting and Recordkeeping Requirements and Towing Vessels |
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