Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62295 

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 

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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

©(1) is amended by revising the entry 

for ‘‘PM10 Maintenance Plan’’ to read as 

follows: 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

PM10 Maintenance Plan ......... Allegheny County—Clairton 

PM10 nonattainment area.

9/14/02 9/11/03, 68 FR 53515 ............ 52.2063(c)(215). 

7/21/21 9/11/23, [Insert Federal Register Citation].Limited maintenance plan 

covering the second 10- 

year 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. 

* * * * * * * 

* * * * * 

■ 3. Section 52.2059 is amended by 

adding paragraph (z) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(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 

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 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 


ddrumheller on DSK120RN23PROD with RULES1
62296 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

1See Public Law 117–263, December 23, 2022, 

136 Stat 2395. 

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 

§ 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 

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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2Navigation 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). 

3National 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). 

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 

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 

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. 

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. 

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. 

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 

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 § 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 

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 

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 § 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. 

Seat belt requirements ............................................................................. No existing requirement for training. 

Verifying the integrity of the vessel at the onset of each waterborne departure.No existing requirement for training. 

Identification of weather hazards, use of National Weather Service resources prior to operation.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 .................................................................................................... 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 


ddrumheller on DSK120RN23PROD with RULES1
62300 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

4https://www.dhs.gov/publication/directive-023- 

01-rev-01-and-instruction-manual-023-01-001-01- 

rev-01-and-catex. 

5https://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/. 

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. 

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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62301 

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. 

■ 2. Add § 175.124 to read as follows: 

§ 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 

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 

‘‘DUKW amphibious passenger vessel’’ 

to read as follows: 

§ 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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; determination 

of catastrophic conditions. 

SUMMARY: 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. 

DATES: 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. 


ddrumheller on DSK120RN23PROD with RULES1