35826 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

classified as uninspected vessels and are

required to have PICs for transfers. The

total population count [2760] represents

the number of vessels [1380] multiplied

by the number of PICs aperper vessel

[2].

Frequency of Response: The Coast

Guard expects that each PIC will receive

the recognized training once.

Burden of Response: 10 minutes

annually per respondent.

Estimated Total Annual Burden: An

annual burden of 153 hours’

information collection.

Persons submitting comments on the

collection of information should submit

the comments both to OMB and to the

Coast Guard where indicated under

ADDRESSES by the date under DATES.

No person need to respond to a

request for collection of information

unless it displays a currently valid

control number from OMB.

List of Subjects in 33 CFR Part 155

Hazardous substances, Oil pollution,

Reporting and recordkeeping

requirements.

For the reasons discussed in the

preamble, the Coast Guard is amending

33 CFR part 155 as follows:

TITLE 33—NAVIGATION AND

NAVIGABLE WATERS

PART 155—OIL OR HAZARDOUS

MATERIAL POLLUTION PREVENTION

REGULATIONS FOR VESSELS

1. The authority citation for part 155

continues to read as follows:

Authority: 33 U.S.C. 1231, 1321(j); 46

U.S.C. 3715; Sec. 2, E.O. 12777, 56 FR 54757,

3 CFR 1991 Comp., p. 351; 49 CFR 1.46.

Sections 155.100 through 155.130, 155.350

through 155.400, 155.430, 155.440, 155.470,

155.1030(j) and (k), and 155.1065(g) also

issued under 33 U.S.C. 1903(b); and sections

155.1110 and 155.1150 also issued under 33

U.S.C. 2735.

2. Revise paragraphs (e) introductory

text, (e)(1), (2) and (e)(3) of § 155.710 to

read as follows:

§ 155.710 Qualifications of person in

charge.

* * * * *

(e) The operator or agent of each

vessel to which this section applies

shall verify to his or her satisfaction that

the PIC of any transfer of fuel oil

requiring a Declaration of Inspection—

(1) On each inspected vessel required

by 46 CFR chapter I to have a licensed

person aboard, holds a valid license

issued under 46 CFR part 10 authorizing

service as a master, mate, pilot,

engineer, or operator aboard that vessel,

or holds a valid merchant mariner’s

document endorsed as Tankerman-PIC;

(2) On each uninspected vessel, either

complies with the requirements of

paragraph (e)(1) of this section or carries

a letter satisfying the requirements of

§ 155.715 and designating him or her as

a PIC, unless equivalent evidence is

immediately available aboard the vessel

or at his or her place of employment.

(3) On each tank barge, for its own

engine-driven pumps, either complies

with paragraph (e)(1) or (2) of this

section or has been instructed by the

operator or agent of the vessel both in

his or her duties and in the Federal

statutes and regulations on water

pollution that apply to the vessel; or

* * * * *

3. Add a new § 155.715 to read as

follows:

§ 155.715 Contents of letter of designation

as a person-in-charge of the transfer of fuel

oil.

The letter of instruction required in

§ 155.710(e)(2) must designate the

holder as a person-in-charge of the

transfer of fuel oil and state that the

holder has received sufficient formal

instruction from the operator or agent of

the vessel to ensure his or her ability to

safely and adequately carry out the

duties and responsibilities of the PIC

described in 33 CFR 156.120 and

156.150.

Dated: June 23, 1998.

J. P. High,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 98–17267 Filed 6–30–98; 8:45 am]

BILLING CODE 4910–14–P

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

36 CFR Part 327

Shoreline Use Permits, Flotation

AGENCY: U.S. Army Corps of Engineers.

ACTION: Final rule.

SUMMARY:An amendment to Appendix A

section 327.30 ‘‘Guidelines for Granting

Shoreline Use Permits’’ was part of a

proposed rule published in the Federal

Register on April 15, 1997. The

language in this amendment reduced

the burdensome requirements on

individuals who have requested waivers

because of limiting health conditions.

The amendment gives Operations

Managers the flexibility to take special

circumstances of the applicant into

consideration when issuing a shoreline

use permit. This amendment is also in

this final rule.

The U.S. Army Corps of Engineers

also published a proposed rule in the

April 15, 1997, issue of the Federal

Register, to amend Appendix C of

Section 327.30. The amendment

concerned flotation materials to be used

on all new docks and boat mooring

buoys. Comments received during the

45-day comment period prompted the

Corps to conduct further studies and

withdraw the proposed rule to amend

Appendix C issued on April 15, 1997.

Subsequently, a replacement rule was

published in the Federal Register on

December 4, 1997. Comments were

accepted on this proposed revision until

January 20, 1998. This final rule reflects

the comments received. We believe that

the changes will substantially increase

the safety of project visitors and the

protection of the natural resources.

EFFECTIVE DATE: August 17, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Darrell E. Lewis, (202) 761–0247.

SUPPLEMENTARY INFORMATION:

Background

The U.S. Army Corps of Engineers

published a final rule providing policy

and guidance on the management of

shorelines of Corps managed Civil

Works projects in the Federal Register

on July 27, 1990 (55 FR 30690–30702),

last amended in the Federal Register on

July 1, 1992 (57 FR 29219–29220).

Two amendments to the regulations

were published as a proposed rule in

the Federal Register on April 15, 1997

(62 FR 18307–18308). An amendment to

Paragraph 2.c.(9) of Appendix A,

Section 327.30, Guidelines for Granting

Shoreline Use Permits, gave Operations

Managers the flexibility to take special

circumstances of the applicant into

consideration when issuing a permit.

This language reflected the Corps desire

to accommodate basic access for those

individuals who have requested waivers

because of limiting health conditions

that are either obvious or substantiated

by a doctor’s certification. No negative

comments were received regarding this

amendment during the comment period.

Paragraph 14, Appendix C, of Section

327.30, also published as a proposed

rule on April 15, 1997, reflected the

Corps amended flotation requirements

for all new docks and boat mooring

facilities. The Corps received 28 letters

concerning flotation during the

comment period of this proposed

rulemaking. The comments prompted

the Corps to conduct further studies and

give additional consideration to

flotation requirements. Accordingly, the

flotation portion of the proposed rule

published on April 15, 1997, was

withdrawn and was subsequently
Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations 35827

replaced by a new proposed rule

published in the Federal Register on

December 4, 1997. Twelve comments

were received on the new proposed rule

change and are summarized below.

Discussion of Public Comments and

Changes

I. Definition of terms

Many of the comments received asked

for specific definitions as they relate to

the final rule. Those definitions are as

follows:

1. Waterlogged—This term means

saturated with water to the point of

sogginess or loss of buoyancy. Although

all floatation materials absorb water to

some degree (unless they are completely

encased), they do not all lose buoyancy

and become waterlogged at the same

rate. Flotation that is not watertight will

become progressively heavier and more

waterlogged over time. At some point,

these floats no longer meet the

specifications for flotation as originally

designed. Floats with air as a flotation

media become waterlogged as soon as

they are punctured or cracked, sinking

almost immediately after enough

chambers are penetrated.

2. Crack, peel, fragment—These terms

refer to plastic, fiberglass, or concrete

encasements or coatings. Some of these

encasements may contain hairline

cracks. Although these small cracks

(and some larger ones) do not affect the

structural integrity of the float if it is

filled with good foam, some

encasements have more than one gap or

opening. Once filled with water, these

cracks can expand and allow beads to

enter the water. In the case of peeling

and fragmenting, the same situation

occurs when a portion of the

encasement becomes dislodged and

allows for the entrance of beads or other

flotation material into the water.

3. Resistant to puncture and

penetration—This phrase means that

the float or its flotation will withstand

the intended use under ordinary

circumstances. Because waves cause

floats to rise and fall along the

shoreline, these floats are expected to

withstand the daily beating from waves,

submerged obstacles such as small rocks

or snags in the area, daily bumps of

boats or other recreational vessels, as

well the normal extremes in weather

conditions encountered in the area.

When dealing primarily with floats

that use air chambers as the means of

flotation, these floats take on water and

sink when enough chambers are

punctured or penetrated. When dealing

with floats using bead flotation,

punctures and other forms of

penetration could allow the beads to

escape into the water and then allow

water to enter the encasement,

eventually causing failure of the float.

4. Damage by animals—Animals and/

or waterfowl sometimes burrow into

beaded or foam flotation materials to

escape the weather or for nesting. Any

flotation material should be encased

with material that is strong enough and

thick enough to prevent intrusion by

animals under normal circumstances.

5. Fire resistant—This term means

able to resist fire and not readily

combustible. It does not mean ‘‘fire

proof’’. Flotation that is fire resistant

must not be made of materials that will

heighten or intensify an existing fire.

6. Severely deteriorated and no longer

serviceable—This phrase means that

there is significant damage to the float

or its flotation (including taking on

excess water or releasing beads), the

float or its flotation no longer performs

its designated function, or the float or its

flotation fails to meet the specifications

for which it was originally warranted. In

addition, ‘‘no longer serviceable’’ means

the float or its flotation material can no

longer be repaired so that it performs its

designated function or it fails to meet

the specifications for which is was

originally warranted.

7. No longer performing its designated

function—This means that a float no

longer can be used for its originally

intended purpose as a result of damage

or deterioration or that the float cannot

be used without creating safety hazards

for the recreating public.

8. Marine use—This term means that

use which is related to navigation or

water-based activities.

II. Use of Drums or Barrels

Objections were received to

eliminating recycled 55-gallon drums,

either metal or plastic, as floats. Some

respondents stated that if these

containers could not be recycled and

used as floats, proper disposal was

difficult. Others objected because of the

cost involved with obtaining other types

of floats. Another comment stated that

if barrels did become punctured, they

were easily replaced with new ones.

There are many problems associated

with the use of drums, barrels, or other

containers. One of the major problems is

that these items can be punctured or

cracked through ordinary use. Not all

drums or barrels are manufactured to

universally agreed-upon standard

specifications. Once the integrity of the

drum or barrel has been compromised,

any remaining contents left in them will

mix with water and be disseminated in

the area, spreading possible

contamination.

Secondly, 55-gallon drums easily

break away from docks. Because drums

cannot be through-bolted to the dock

they normally float in the water under

the dock sometimes within a supporting

confinement structure. When these

barrels become partially filled with

water, they float at or just below the

water surface and sometimes come out

from within the confinement structure.

As a result, these drums float free and

are a hazard to boaters, water skiers, and

other recreational users.

Lastly, when the drums do partially

fill with water and sink, they can cause

considerable damage to dam

mechanisms, water intakes, pipelines,

and other water control structures. Even

if these drums are filled with

polyurethane foam, they can still break

loose and may sink or partially sink as

a result of the water’s displacement of

the air within the voids.

Several comments asked for the use of

tires as a form of encasement. The

problem with tires is not their

composition; instead, the problem is

how they truly function as encasements.

If the exposed extruded polystyrene

portion of the flotation must be further

encased by plywood or some other

material, there are several problems that

must be addressed. Any misshaping of

the tire could result in a ‘‘non-contact’’

spot which would allow the entrance of

water, thus altering the buoyancy of the

float. If the plywood encasements are

through-bolted, cracks in the wood

around the bolts may occur which,

again, could decrease the performance

of the float. In addition, the wood

around the bolts is more susceptible to

rot, thus affecting the integrity of the

float.

III. Specific Standards

Some comments indicated that the

standards, as written, were not specific

enough and that subjective requirements

should be avoided. The standards were

written to provide a framework for

identifying measurable outcomes,

focusing on results achieved rather than

on strict specifications. Exact standards

for thickness and density were not

included for this reason. To include

such restrictions would make the

standards more limiting than necessary.

As technologies advance and new and

better forms of floats and flotation

material are formulated, it may be

unnecessary to meet such strict

guidelines set by using today’s

technology.

IV. Open bead polystyrene

Several comments were received

stating that if the Corps intends to not

allow any flotation material made of
35828 Federal Register / Vol. 63, No. 126 /Wednesday, July 1, 1998 /Rules and Regulations

unprotected open bead polystyrene

products, such a statement should be

made outright in the new standards.

Again, the standards were written to

provide a framework for identifying

measurable outcomes. If unprotected

open bead polystyrene does not meet

the standards as written, it cannot be

allowed as flotation. Whether it is

mentioned specifically in the standards

or not is irrelevant.

V. Fire Resistance

Several comments were received

regarding the fire resistance

requirements for floats and flotation.

One stated that although some

encasements, such as wood and

plywood, support combustion, most

encasements are not known to feed fires.

In fact, most fires start on boats and

spread to the docks.

The purpose of the ‘‘fire resistant’’

statement is to ensure that the

encasement or its flotation material is

not constructed of a material that would

heighten or intensify an existing fire.

This requirement does not mean ‘‘fire

proof’’ or ‘‘non-combustible.’’ In

addition, the float and its flotation

material must be resistant to combustion

when either comes in direct contact

with petroleum products.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has

determined that this final rule is not a

‘‘major’’ rule within the meanng of

Executive Order (E.O.) 12866. This final

rule will not (1) have an annual effect

on the economy of $100 million or

more; (2) cause a major increase in costs

or prices for consumers, individual

industries, geographic regions; or (3)

have significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of a United States-based

enterprise to compete with foreignbased enterprise in domestic or export

markets.

Regulatory Flexibility Act

This final rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Collection of Information

This final rule contains no collection

of information under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

Executive Order 12612

The Corps has analyzed this final rule

under principles and criteria in E.O.

12612 and has determined that this final

rule does not have sufficient Federalism

implications to warrant preparation of a

Federalism Assessment.

Executive Order 12630

The Corps has determined that this

final rule does not have ‘‘significant’’

taking implications. The final rule does

not pertain to taking of private property

interests, nor does it impact private

property.

NEPA Statement

The Corps has determined that this

final rule does not constitute a major

Federal action significantly affecting the

quality of the human environment and

that no detailed statement is required

pursuant to the National Environmental

Policy Act of 1969.

Unfunded Mandates Act of 1995

The final rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

List of Subjects in 36 CFR Part 327

Public lands, Shoreline management.

For the reasons set forth in the

preamble, 36 CFR part 327, is amended

as follows:

36 CFR PART 327, RULES AND

REGULATIONS GOVERNING PUBLIC

USE OF WATER RESOURCE

DEVELOPMENT PROJECTS

ADMINISTERED BY THE CHIEF OF

ENGINEERS

1. The authority citation for 36 CFR

part 327 continues to read as follows:

Authority: 16 U.S.C. 460d and 460l–6a.

2. Appendix A to § 327.30 is amended

by revising paragraph 2c(9) as follows:

Appendix A to § 327.30—Guidelines for

Granting Shoreline Use Permits

* * * * *

2. * * *

c. * * *

(9) The district commander or his/her

authorized representative may place special

conditions on the permit when deemed

necessary. Requests for waivers of shoreline

management plan permit conditions based on

health conditions will be reviewed on a case

by case basis by the Operations Manager.

Efforts will be made to reduce onerous

requirements when a limiting health

condition is obvious or when an applicant

provides a doctor’s certification of need for

conditions which are not obvious.

* * * * *

3. Appendix C to § 327.30 is amended

by revising paragraph 14, to read as

follows:

Appendix C to § 327.30—Shoreline Use

Permit Conditions

* * * * * *

14. Floats and the flotation material for all

docks and boat mooring buoys shall be

fabricated of materials manufactured for

marine use. The float and its flotation

material shall be 100% warranted for a

minimum of 8 years against sinking,

becoming waterlogged, cracking, peeling,

fragmenting, or losing beads. All floats shall

resist puncture and penetration and shall not

be subject to damage by animals under

normal conditions for the area. All floats and

the flotation material used in them shall be

fire resistant. Any float which is within 40

feet of a line carrying fuel shall be 100%

impervious to water and fuel. The use of new

or recycled plastic or metal drums or noncompartmentalized air containers for

encasement or floats is prohibited. Existing

floats are authorized until it or its flotation

material is no longer serviceable, at which

time it shall be replaced with a float that

meets the conditions listed above. For any

floats installed after the effective date of this

specification, repair or replacement shall be

required when it or its flotation material no

longer performs its designated function or it

fails to meet the specifications for which it

was originally warranted.

* * * * * *

Dated: June 23, 1998.

Robert W. Burkhardt,

Colonel, Corps of Engineers, Executive

Director or Civil Works.

[FR Doc. 98–17396 Filed 6–30–98; 8:45 am]

BILLING CODE 3710–92–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Parts 1220, 1222, 1228, 1230,

1234, and 1238

RIN 3095–AA85

Technical Amendments to Records

Management Regulations

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule; technical

amendments.

SUMMARY: NARA is updating

organizational titles and addresses in 36

CFR ch. XII, subchapter B, to reflect the

current organizations that perform the

functions. Since the regulations in 36

CFR ch. XII, subchapter B, were last

revised, NARA has reorganized and

renamed the offices that have records

management responsibilities.

Additionally, the offices have been

relocated to the Archives II facility in

College Park. Updating the titles and

addresses will facilitate agency and

public correspondence with NARA.

EFFECTIVE DATE: July 1, 1998.