[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Proposed Rules]
[Page 26857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13419]



-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 67

[CGD 95-052]
RIN 2115-AF15


Testing of Obstruction Lights and Fog Signals on Offshore 
Facilities

AGENCY: Coast Guard, DOT.

ACTION: Notice of termination and withdrawal.

-----------------------------------------------------------------------

SUMMARY: This rulemaking project was initiated as part of the 
President's Regulatory Reinvention Initiative (PRRI). It was intended 
to improve the quality of tests performed on obstruction lights and fog 
signals, while reducing the administrative burden on the public, and 
minimizing costs borne by the Coast Guard. Comments to the rulemaking 
raised several substantial issues which require further study. 
Therefore, the Coast Guard is terminating further rulemaking under 
docket number 95-052.

FOR FURTHER INFORMATION CONTACT:
LTJG Chad Asplund, Project Manager, Short Range Aids to navigation 
Division, U.S. Coast Guard Headquarters, (202) 267-1386.

SUPPLEMENTARY INFORMATION: On January 10, 1996, the Coast Guard 
published a notice requesting comments in the Federal Register (61 FR 
708). The notice asked (1) whether the flash characteristics of 
obstruction lights should be changed from a quick-flashing rhythm to a 
Morse ``U''; (2) whether the candlepower requirements on obstruction 
lighting should be adapted to the new transmissivity tables developed 
by the Coast Guard; and (3) whether lights and fog signals should be 
tested independent laboratories rather than by the Coast Guard.
    On March 27, 1996, the Coast Guard published a notice of proposed 
rulemaking (NPRM) in the Federal Register (61 FR 13472). The Coast 
Guard proposed a new rule on only one of the three issues investigated 
in the notice, specifically, that lights and fog signals would be 
tested by independent laboratories rather than by the Coast Guard.
    The NPRM's approach was in keeping with the goals of the PRRI to 
make government work better and cost less by finding ways to reduce 
financial and regulatory burdens on industry while improving 
governmental efficiency. It proposed to achieve this by (1) 
consolidating permit applications in headquarters rather than requiring 
an application to each Coast Guard district; and (2) having independent 
laboratories test all devices and submit the results to the Coast Guard 
rather than requiring Coast Guard involvement in the testing of lights 
or fog signals. In spite of the Coast Guard's intent to reduce burdens, 
comments indicated that the NPRM, as proposed, was too general to 
accomplish either the project's goals or the goals of PRRI.
    Specifically, comments questioned how independent laboratories 
would be designated or certified by the Coast Guard, and what standards 
would be used by the independent laboratories in evaluating lights and 
fog signals. Comments also expressed concern over the timetable for 
implementation, with several pointing out that retrofitting all 
existing structures would impose a high cost on the regulated community 
without providing any proven reduction in risk.
    The Coast Guard has determined that the concerns raised by the 
comments to this docket require further examination of this area before 
any rulemaking is undertaken. The Coast Guard seeks to promulgate rules 
that will improve maritime safety while accomplishing PRRI goals. 
Because the current rulemaking may do neither, the Coast Guard is 
terminating further rulemaking under docket number 95-052 but will 
continue to investigate the feasibility of implementing these concepts 
in the future.

    Dated: May 17, 1996.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and 
Waterway Services.
[FR Doc. 96-13419 Filed 5-28-96; 8:45 am]
BILLING CODE 4910-14-M