DUKW Amphibious Passenger Vessels, 62295-62301 [2023-19421]
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 13, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
Name of non-regulatory
SIP revision
such rule or action. This action
finalizing the second 10-year
maintenance plan for the Liberty
Borough PM10 area may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
Applicable geographic area
State
submittal
date
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9/14/02
7/21/21
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3. Section 52.2059 is amended by
adding paragraph (z) to read as follows:
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§ 52.2059
matter.
Control strategy: Particulate
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(z) EPA approves the limited
maintenance plan for the second 10-year
maintenance period for the PM10 Liberty
Borough area in Allegheny County.
[FR Doc. 2023–19286 Filed 9–8–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
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Coast Guard
46 CFR Part 175
RIN 1625–AC88
DUKW Amphibious Passenger Vessels
AGENCY:
Coast Guard, DHS.
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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.
SUMMARY:
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–
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2. In § 52.2020, the table in paragraph
©(1) is amended by revising the entry
for ‘‘PM10 Maintenance Plan’’ to read as
follows:
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(e) * * *
(1) * * *
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Additional explanation
9/11/23, [Insert Federal Register Citation].
Interim final rule; request for
comments.
Frm 00011
Subpart NN—Pennsylvania
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9/11/03, 68 FR 53515 ............ 52.2063(c)(215).
ACTION:
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Authority: 42 U.S.C. 7401 et seq.
EPA approval date
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DATES:
[Docket No. USCG–2023–0243]
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
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PM10 Maintenance Plan ......... Allegheny County—Clairton
PM10 nonattainment area.
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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Limited maintenance plan
covering the second 10year period through 2023.
‘‘Allegheny County’’ is the
designated name for this
area under 40 CFR 81.339,
but it has also been referred to as the ‘‘Liberty
Borough area’’ in numerous
regulatory actions.
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2023–0243 using the Federal Decision
Making Portal at https://
www.regulations.gov. 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 CGENG@uscg.mil.
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
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H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
L. Environment
date, time, and location of such a
meeting.
II. Abbreviations
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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
www.regulations.gov. To do so, go to
https://www.regulations.gov, 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 https://
www.regulations.gov, 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
www.regulations.gov 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 www.regulations.gov 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
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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
§ 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) 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
1 See Public Law 117–263, December 23, 2022,
136 Stat 2395.
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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,
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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.
On July 19, 2018, a Coast Guardinspected 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.
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
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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 § 175.124,
and a definition of DUKW APV to
§ 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
2 Navigation and Inspection Circular No. 1–01,
www.dco.uscg.mil/Portals/9/DCO%20Documents/
5p/5ps/NVIC/2001/n1-01.pdf (last visited 5/10/23).
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.
https://doi.org/10.17226/26447 (last visited 5/10/
23).
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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
§ 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 § 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.
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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 § 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, § 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
§ 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
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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.
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.
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
§ 175.124. Rather, we incorporated the
guidance or instruction directly into the
text of § 175.124(a)–(g), as discussed
above.
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.
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 § 175.400 to clarify the
applicability of the requirements in
§ 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
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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 § 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 § 175.124(a)?
How long, in hours, will it take (each of)
these worker(s) to perform the
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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 § 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
§ 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? § 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
§ 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 inwater 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 § 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
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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
62299
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 ......................................................................................
Seat belt requirements .............................................................................
Verifying the integrity of the vessel at the onset of each waterborne departure.
Identification of weather hazards, use of National Weather Service resources prior to operation.
The only requirement for passengers to don life jackets is in § 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 § 185.508.
No existing requirement for training.
No existing requirement for training.
Master must pass exam for master credential, which 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 ....................................................................................................
Engine compartment fires ........................................................................
Man-overboard situations .........................................................................
In water emergency egress procedures ...................................................
ddrumheller on DSK120RN23PROD with RULES1
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
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15:55 Sep 08, 2023
Jkt 259001
46 CFR 185.420.
46 CFR 185.420.
46 CFR 185.420.
No current training requirement for DUKW APV operators on egress.
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
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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
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ddrumheller on DSK120RN23PROD with RULES1
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
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15:55 Sep 08, 2023
Jkt 259001
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;
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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.
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
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
4 https://www.dhs.gov/publication/directive-02301-rev-01-and-instruction-manual-023-01-001-01rev-01-and-catex.
5 https://www.dcms.uscg.mil/Our-Organization/
Assistant-Commandant-for-Engineering-LogisticsCG-4-/Program-Offices/EnvironmentalManagement/Environmental-Planning-andHistoric-Preservation/Article/3053264/us-coastguard-supplemental-environmental-assessment-forthe-national-coast-gua/.
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Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations
U.S.C. App. 1804; DHS Delegation 00170.1,
Revision No. 01.2, paragraph (II)(92)(a);
§ 175.900 also issued under 44 U.S.C. 3507.
‘‘DUKW amphibious passenger vessel’’
to read as follows:
2. Add § 175.124 to read as follows:
§ 175.400 Definitions of terms used in this
subchapter.
■
§ 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 × A × √H
ddrumheller on DSK120RN23PROD with RULES1
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.
√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.
■ 3. Amend § 175.400 by adding in
alphabetical order a definition for
VerDate Sep<11>2014
15:55 Sep 08, 2023
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*
*
*
*
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket Nos. 090206140–91081–03 and
120405260–4258–02; RTID 0648–XD338]
Revised Reporting Requirements Due
to Catastrophic Conditions for Federal
Seafood Dealers and Individual Fishing
Quota Dealers in Portions of Florida
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; determination
of catastrophic conditions.
AGENCY:
In accordance with the
regulations implementing the individual
fishing quota (IFQ) and Federal dealer
reporting specific to the commercial reef
fish fishery in the Gulf of Mexico (Gulf)
and the coastal migratory pelagic (CMP)
fisheries in the Gulf, the Regional
Administrator (RA), Southeast Region,
NMFS has determined that Hurricane
Idalia has caused catastrophic
conditions in the Gulf for certain
Florida counties. This temporary rule
authorizes any dealer in the affected
area described in this temporary rule
who does not have access to electronic
reporting to delay reporting of trip
tickets to NMFS and authorizes IFQ
dealers within the affected area to use
paper-based forms, if necessary, for
basic required administrative functions,
e.g., landing transactions. This
temporary rule is intended to facilitate
continuation of IFQ and dealer reporting
operations during the period of
catastrophic conditions.
SUMMARY:
PO 00000
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Fmt 4700
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62301
The RA is authorizing Federal
dealers and IFQ dealers in the affected
area to use revised reporting methods
from September 6, 2023, through
October 6, 2023.
FOR FURTHER INFORMATION CONTACT: IFQ
Customer Service, telephone: 866–425–
7627, email: nmfs.ser.catchshare@
noaa.gov. Federal dealer reporting,
Fisheries Monitoring Branch, telephone:
305–361–4581.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
under the Fishery Management Plan
(FMP) for Reef Fish Resources of the
Gulf of Mexico (Reef Fish FMP),
prepared by the Gulf of Mexico Fishery
Management Council (Gulf Council).
The CMP fishery is managed under the
FMP for CMP Resources in the Gulf of
Mexico and Atlantic Region (CMP
FMP), prepared by the Gulf Council and
South Atlantic Fishery Management
Council. Both FMPs are implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
The Generic Dealer Amendment
established Federal dealer reporting
requirements for federally permitted
dealers in the Gulf and South Atlantic
(79 FR 19490, April 9, 2014).
Amendment 26 to the Reef Fish FMP
established an IFQ program for the
commercial red snapper component of
the Gulf reef fish fishery (71 FR 67447,
November 22, 2006). Amendment 29 to
the Reef Fish FMP established an IFQ
program for the commercial grouper and
tilefish components of the Gulf reef fish
fishery (74 FR 44732, August 31, 2009).
Regulations implementing these dealer
reporting requirements (50 CFR
622.5(c)) and IFQ programs (50 CFR
622.21 and 622.22) require that Federal
dealers and IFQ participants have access
to a computer and internet and that they
conduct administrative functions
associated with dealer reporting and the
IFQ program, e.g., landing transactions,
online. However, these regulations also
specify that during catastrophic
conditions, as determined by the RA,
the RA may waive or modify the
reporting time requirements for Federal
dealers and authorize both Federal
dealers and IFQ participants to use
paper-based forms to complete
administrative functions for the
duration of the catastrophic conditions.
The RA must determine that
catastrophic conditions exist, specify
the duration of the catastrophic
conditions, and specify which
participants or geographic areas are
deemed affected.
DATES:
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]]>Agencies
[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 [www.gpo.gov]
[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 https://www.regulations.gov. 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 [email protected].
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 www.regulations.gov. To do so, go
to https://www.regulations.gov, 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 https://www.regulations.gov,
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 www.regulations.gov 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 www.regulations.gov 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,
www.dco.uscg.mil/Portals/9/DCO%20Documents/5p/5ps/NVIC/2001/n1-01.pdf (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. https://doi.org/10.17226/26447 (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.
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\4\ https://www.dhs.gov/publication/directive-023-01-rev-01-and-instruction-manual-023-01-001-01-rev-01-and-catex.
\5\ 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/.
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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
