8308 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations

(ii) Other material. None.

* * * * *

[FR Doc. 95–3577 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 15

[CGD 94–041]

RIN 2115–AE92

Radar-Observer Endorsement for

Operators of Uninspected Towing

Vessels

AGENCY: Coast Guard, DOT.

ACTION: Interim rule; reopening of

comment period.

SUMMARY: On October 26, 1994 (59 FR

53754), the Coast Guard published an

interim rule establishing radar-training

requirements for licensed masters,

mates, and operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length. Under the interim rule, on

February 15, 1995, these licensed

persons would be required to hold

either an endorsement as a radar

observer or, if holding a valid license

issued before February 15, 1995, a

certificate from a Radar-Operation

course. In response to comments from

members of the regulated public, the

Coast Guard is amending the interim

rule to change the date on which the

radar-observer endorsement or the

Radar-Operation course certificate will

be required from February 15, 1995, to

June 1, 1995. The Coast Guard is also

reopening the comment period to solicit

additional public involvement in this

rulemaking.

DATES: This interim rule is effective on

February 14, 1995. Comments must be

received before June 1, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA, 3406) (CGD 94–041),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert S. Spears, Jr., Project Manager,

Office of Marine Safety, Security, and

Environmental Protection (G–MVP–3),

(202) 267–0224, between 9 a.m. and 5

p.m., Monday through Friday, except

Federal holidays.

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 rulemaking

(CGD 94–041) and the specific section of

this rule to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this rule in view

of the comments.

Drafting Information

The principal persons involved in the

drafting of this document are Mr. Robert

S. Spears, Jr., Project Manager, Office of

Marine Safety, Security, and

Environmental Protection, Mr. Patrick J.

Murray, Project Counsel, Office of the

Chief Counsel, and Commander Thomas

Cahill, Office of the Chief Counsel.

Regulatory Information

This rule amends an interim rule

issued by the Coast Guard on October

26, 1994 (59 FR 53754). Comments

received from members of the regulated

public have indicated that difficulties

were encountered in obtaining the

required training in the time allowed.

This rule amends the date by which a

license endorsement or a certificate of

training must be obtained, and relieves

a potential burden on members of the

regulated public by providing additional

time to achieve compliance. It should

not adversely affect navigation safety.

Therefore, under 5 U.S.C. 553(d)(3), the

Coast Guard certifies that good cause

exists for this rule to be effective upon

publication.

Background

Following the derailment of the

Amtrak Sunset Limited, with extensive

injury and loss of life, on September 22,

1993, the Coast Guard conducted a

study of uninspected towing vessel

safety. The study made a number of

recommendations for improving safety

in the towing industry. One of the

recommendations was to require radar

observer training and endorsements for

operators of radar-equipped

uninspected towing vessels 8 meters

(approximately 26 feet) or more in

length. That recommendation was

approved, and on October 26, 1994 (59

FR 53754), the Coast Guard published

an interim rule establishing

requirements for radar training. The

interim rule also added topics to the list

of required subjects taught in approved

radar-training courses that must be

completed in order to receive a radarobserver endorsement.

The interim rule went into effect on

November 25, 1994. However, to

provide a reasonable opportunity for

affected persons to complete the

training and obtain the required

endorsements, 46 CFR 15.815(c)

provided that the endorsement was

required only for those licenses to be

issued after February 15, 1995. Persons

holding valid licenses issued prior to

February 15, 1995, would be required to

undergo basic radar training and receive

a certificate of completion for that

training prior to February 15, 1995.

Without the endorsement or certificate

of completion, after February 15, 1995,

no person may serve as a master, mate,

or operator of a radar-equipped towing

vessel, 8 meters (approximately 26 feet)

or more in length, required to have a

licensed operator. For a person holding

a license issued before February 15,

1995, the additional training needed to

qualify for a radar-observer endorsement

would then be required before the

individual renewed or upgraded his or

her license.

The comment period for the interim

rule closed on January 24, 1995. Prior to

the close of the comment period, the

Coast Guard received over 300

comments. A number of the comments

expressed concern that the required

training would not be available before

February 15, 1995. Therefore, to relieve

this potential burden, the Coast Guard is

amending the interim rule. The Coast

Guard will also continue to evaluate the

comments received on this rulemaking.

Discussion of Amendment

This rule changes the date in 46 CFR

15.815(c) by which a radar-observer

endorsement or certificate of training

must be received from February 15,

1995 to June 1, 1995. This extension

permits affected mariners who are not

able to complete radar training by

February 15 to continue to operate

legally. Further, the related reopening of

the comment period provides a greater
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Rules and Regulations 8309

opportunity for comment on the interim

rule.

Mariners opting for the RadarOperation courses in lieu of radarobserver courses approved by the Coast

Guard may renew or upgrade their

licenses (to be issued before June 1,

1995) before completing RadarOperation courses. Upon completion of

such courses they must hold the

courses’ certificates with their licenses.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This rule relieves

a potential regulatory burden by

providing additional time for persons

subject to the rule to obtain required

training. It does not significantly change

the regulatory evaluation contained in

the interim rule published October 26,

1994 (59 FR 53754).

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this rule will

have a significant economic impact on

a substantial number of small entities.

‘‘Small entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

This rule relieves a potential

regulatory burden by providing

additional time for persons subject to

the rule to obtain required training, and

should have no economic impact on

small entities. As discussed in the

interim rule, the Coast Guard expects

that the burdens of complying with the

interim rule will fall on individuals,

rather than on small entities. This

change may provide any affected small

entities with additional flexibility in

scheduling required training and result

in some economic benefit. Therefore,

the Coast Guard certifies under 5 U.S.C.

605(b) that this rule will not have a

significant economic impact on a

substantial number of small entities. If,

however, you think that your business

or organization qualifies as a small

entity and that this rule will have a

significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This rule contains no new collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation. This rule is an

administrative matter involving

personnel training and licensing and

clearly has no environmental impact. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying here indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 15

Reporting and recordkeeping

requirements, Seamen, Vessels.

For the reasons set forth in the

preamble, the Coast Guard amends 46

CFR part 15 as follows:

PART 15—MANNING REQUIREMENTS

1. The citation of authority for part 15

continues to read as follows:

Authority: 46 U.S.C. 2103, 3703, 8502; 49

CFR 1.45, 1.46.

§ 15.815 [Amended]

2. In § 15.815, paragraph (c) is revised

to read as follows:

* * * * *

(c) On or after June 1, 1995, each

person having to be licensed under 46

U.S.C. 8904(a) for employment or

service as master, mate, or operator on

board an uninspected towing vessel of

8 meters (approximately 26 feet) or more

in length shall, if the vessel is equipped

with radar, hold—

(1) A valid endorsement as radar

observer; or,

(2) If the person holds a valid license

dated before June 1, 1995, a valid

certificate from a Radar-Operation

course.

Dated: February 2, 1995.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–3663 Filed 2–13–95; 8:45 am]

BILLING CODE 4910–14–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 2

[GEN Docket No. 90–357; FCC 95–17]

New Digital Audio Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this action the

Commission amends its rules regarding

frequency allocation to allocate

spectrum in the 2310–2360 MHz band

for new satellite digital audio radio

services (DARS). This action will bring

about a new service, which will provide

enhanced quality of reception and

increased program diversity to all

markets nationwide.

EFFECTIVE DATE: March 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Lynn L. Remly, Office of Engineering

and Technology, at (202) 776–1623.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in GEN Docket No. 90–357,

adopted January 12, 1995 and released

January 18, 1995. By this action, the

Commission amends its Rules with

regard to the establishment and

regulation of new satellite digital audio

radio services. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC Dockets Reference Center

(Room 239), 1919 M Street, N.W.,

Washington, D.C. 20554. The full text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street

N.W., Washington, D.C. 20037.

Summary of Order

1. In 1990, three parties requested the

Commission to allocate spectrum or

otherwise authorize the provision of

digital audio radio services. On May 18,

1990, Satellite CD Radio, Inc. (SCDR)

filed a Petition for Rule Making in

which it requested spectrum to offer a

compact disk quality digital audio radio