[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Proposed Rules]
[Pages 34840-34842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17069]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR 197

[USCG-1998-3786]
RIN 2115-AF64


Commercial Diving Operations

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard requests comments on the type and scope of 
needed revisions to the commercial diving operations regulations. The 
regulations are over 20 years old and do not include current safety and 
technology standards and industry practices. At this early stage of the 
rulemaking process we need information on current safety practices, 
diving technology, and industry standards to help us identify the scope 
of any necessary regulatory revisions.

DATES: Comments must reach the Docket Management Facility on or before 
September 24, 1998.

ADDRESSES: You may mail comments to the Docket Management Facility 
[USCG-1998-3786], U.S. Department of Transportation, room PL-401, 400 
Seventh Street SW., Washington, DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza Level of the Nassif Building at the same 
address, between 10 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments, and documents indicated in this preamble, will 
become part of this docket and will be available for inspection or 
copying at room PL-401, located on the Plaza Level of the Nassif 
Building at the same address, between 10 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also access this 
docket on the Internet at http://dms.dot.gov.
    A copy of the Association of Diving Contractors' (ADC) proposed 
changes to the Coast Guard commercial diving regulations and of its 
Consensus Standards are available in the public docket at the above 
address or on the Internet at http://dms.dot.gov, or you may obtain a 
copy by contacting the project manager at the number in FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For questions on this advance notice 
of rulemaking, contact Lieutenant Diane Kalina, Project Manager, Vessel 
and

[[Page 34841]]

Facility Operating Standards Division, Coast Guard, telephone 202-267-
1181. For questions on viewing, or submitting material to the docket, 
contact Carol Kelley, Coast Guard Dockets Team Leader, or Paulette 
Twine, Chief, Documentary Services Division, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this advance notice [USCG-1998-3786] and the specific section 
or question in this document to which each comment applies, and give 
the reason for each comment. Please submit all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you want acknowledgment of receipt of 
your comments, you should enclose a stamped, self-addressed postcard or 
envelope.
    The Coast Guard will consider all comments received during the 
comment period when developing its proposed changes to the regulations.
    The Coast Guard plans no public meetings. You may request a public 
meeting by submitting a comment requesting one to the address under 
ADDRESSES. The request should include the reasons why a meeting would 
be beneficial. If the Coast Guard determines that a meeting should be 
held, we will announce the time and place in a later notice in the 
Federal Register.

Purpose

    The Coast Guard needs your comments and information on the issues 
contained in this advance notice to help us define the scope of any 
necessary revisions to the commercial diving operations regulations in 
46 CFR 197, Subpart B. The regulations are over 20 years old and do not 
include current safety and technology standards and industry practices. 
At this early stage of the rulemaking process we need information on 
current safety practices, diving technology, and industry standards to 
help us identify necessary regulatory revisions.

Background

    The existing commercial diving regulations were published in 1977 
and only minor changes have been made to them since then. In 1994, the 
Association of Diving Contractors (ADC), a diving industry trade 
organization, submitted proposed regulatory changes to the Coast Guard 
and requested that the Coast Guard revise its regulations accordingly. 
A copy of their proposed changes is available in the public docket. 
ADC's proposal was reviewed by over 140 General Members (operating 
companies) of ADC; their Technical and their Safety, Medical and 
Education Committees; and their Board of Directors. ADC also suggested 
that we adopt their Consensus Standards, possibly through incorporation 
by reference. A copy of the Consensus Standards is also available in 
the public docket. The Coast Guard will consider ADC's proposed changes 
when developing its proposed revisions to the commercial diving 
operations regulations, but would like to receive your comments on the 
ADC proposal. A copy of ADC's proposal is also available by contacting 
the Coast Guard point of contact under FOR FURTHER INFORMATION CONTACT.

Preliminary Regulatory Assessment

    This rulemaking is not likely to be classified as a significant 
regulatory action under section 3(f) of Executive Order 12866 and is 
not likely to be significant under the regulatory policies and 
procedures of the Department of Transportation (44 FR 11040; February 
26, 1979). A draft regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of the Department of Transportation 
would be prepared to support any future Notice of Proposed Rulemaking 
(NPRM).
    The Coast Guard is not yet able to prepare a benefit-cost analysis 
assessing the impact of potential changes to the commercial diving 
operations regulations because specific changes have not been 
identified. However, the Coast Guard would like your comments on the 
cost estimate provided by ADC. According to a 1995 estimate by ADC, 
their proposed regulatory changes would likely not cost more than 
$300,000 to implement on an industry-wide basis. ADC also estimates 
that annualized costs would be minimal. We would like your comments on 
whether or not ADC's cost estimate is reasonable given the scope of 
ADC's recommendations.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
Coast Guard must consider whether a potential rulemaking would have 
significant economic impacts on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Some commercial diving companies subject to our regulations may be 
small entities. Because we have not yet proposed specific revisions and 
because the number of affected small entities has not been identified, 
we cannot accurately estimate the potential impact on small entities at 
this time. As part of the required 5 U.S.C. 610 review of regulations 
affecting small entities, we are requesting information at this early 
stage about the aspects of this rulemaking which may affect small 
entities, so we can evaluate and minimize the impact of proposed 
changes on small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 [Pub. L. 104-21], the Coast Guard wants to assist 
small entities to understand this advance notice so they can better 
evaluate the potential effects of any future rulemaking on them and 
participate in the rulemaking process. If you believe that your small 
business, organization, or agency may be affected by this rulemaking, 
please explain how you could be affected, and tell us what flexibility 
or compliance alternatives the Coast Guard should consider to minimize 
the burden on you while promoting commercial diving safety. If you have 
questions concerning this advance notice, you may call the Coast Guard 
point of contact designated in FOR FURTHER INFORMATION CONTACT. We also 
maintain a small business regulatory assistance Web Page at <a href="http://
www.uscg.mil/hq/g-m/regs/reghome.htm">http://
www.uscg.mil/hq/g-m/regs/reghome.htm</a> that has current information on 
small entity issues and proposed Coast Guard regulations. To help small 
entities become more involved in this rulemaking, the Coast Guard will 
mail copies of this advance notice to Small Business Development Center 
(SBDC) State Directors nationwide for distribution to local SBDC 
offices and interested small businesses.

Collection of Information

    Under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.], the 
Office of Management and Budget (OMB) reviews each proposed rule that 
contains a collection of information requirement to determine whether 
the practical value of the information is worth the burden imposed by 
its collection. As defined in 5 CFR 1320.3(c), ``collection of

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information'' includes reporting, record-keeping, monitoring, posting, 
labeling, and other, similar actions. The Coast Guard will review the 
existing information collection requirements in 46 CFR 197.480 through 
46 CFR 197.488 to either validate existing burdens or to reduce or 
eliminate burdens that are no longer necessary.

Questions

    We request your comments and any data or information that would 
answer the following questions, as well as comments on any other part 
of the current regulations that should be revised. In responding to a 
question, please explain your reasons for each answer so that we can 
carefully weigh the consequences and impacts of any future requirements 
we may propose. In addition, please provide relevant data (accident 
data would be particularly useful), if possible, that will support the 
need for a revision to the commercial diving operations regulations.
    1. Based on your review of the ADC submission to the Coast Guard, 
which revisions should the Coast Guard include in its proposed rule, 
not include in a proposed rule, or revise and include in a proposed 
rule? Why?
    2. Should the Coast Guard adopt the ADC Consensus Standards or any 
other written industry standards? If so, which ones and why?
    3. Is ADC's cost estimate of $300,000.00 for implementing their 
proposed regulatory changes reasonable? If not, please explain why and, 
if possible, provide your own cost estimate.
    4. What definitions in the existing regulations should be updated 
or deleted? Please explain. Are there other terms that the Coast Guard 
should define in the regulations? Please explain.
    5. Should dynamically positioned vessels (vessels with an installed 
system that automatically maintains the position of the vessel within a 
specified tolerance by controlling onboard thrusters to counter the 
forces of the wind, waves and currents) and remotely operated vehicles 
be addressed in the regulations? If so, what particular issues should 
the Coast Guard propose to regulate?
    6. Should the Coast Guard propose regulations concerning diving in 
contaminated waters? If yes, how should it be addressed?
    7. Should the Coast Guard propose regulations concerning one 
atmosphere observation bells, suits or submersibles? If yes, how should 
it be addressed?
    8. Should the Coast Guard propose regulations concerning bell 
bounce (a diving procedure whereby a diving bell is used to transport 
divers under atmospheric pressure to a work site, and subsequently to 
transport the divers back to the surface in a decompression status)? If 
yes, how should it be addressed?
    9. Should the Coast Guard propose regulations concerning saturation 
diving in more detail? If yes, how should it be addressed?
    10. Should the Coast Guard propose regulations concerning 
requirements for back-up equipment at the dive site? If yes, how should 
it be addressed?
    11. Should the Coast Guard propose regulations concerning minimum 
training requirements for divers? If yes, how should it be addressed?
    12. If you think the regulations should include minimum training 
requirements, please answer the following questions:
    a. What courses or information should the training include?
    b. What should be the minimum number of hours required for 
training?
    c. What would be the benefits of establishing minimum training 
requirements?
    d. Should training organizations or providers meet certification 
requirements? If so, what organization should certify the training 
organizations or providers?
    13. Should diving supervisors be licensed by the Coast Guard to 
ensure compliance with federal regulations? Please explain the reason 
for your choice and, if your answer is ``yes'', provide examples, if 
possible, of situations in which a licensed diving supervisor would 
have improved a situation.
    14. If you are a small entity as defined under ``Small Entities'' 
and believe you will be affected by potential changes to the commercial 
diving regulations, please explain what flexibility or compliance 
options the Coast Guard should consider and how these options would 
minimize the burden on small entities, while promoting commercial 
diving safety.

    Dated: June 19, 1998.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 98-17069 Filed 6-25-98; 8:45 am]
BILLING CODE 4910-15-U