Shipping and navigation: Marine accidents; investigations, control, responsibility,

[Federal Register: October 22, 1998 (Volume 63, Number 204)]

[Proposed Rules]

[Page 56589-56590]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr22oc98-31]

PANAMA CANAL COMMISSION

35 CFR Part 117

RIN 3207-AA48

Marine Accidents: Investigations; Control; Responsibility

AGENCY: Panama Canal Commission.

ACTION: Notice of proposed rulemaking; request for comments.

SUMMARY: The Panama Canal Commission (Commission) proposes to amend its regulations to limit its liability in marine accidents. The new regulations will require potential claimants to carry insurance against marine accidents in an amount of $1 million to cover damages sustained by their vessels at the Canal when transiting the waterway or navigating in waters adjacent thereto.

DATES: The agency must receive written comments on or before November 30, 1998.

[[Page 56590]]

ADDRESSES: Address all comments concerning this proposed rule to Office of the Secretary, Panama Canal Commission, 1825 I Street, N.W., Suite 1050, Washington, D.C. 20006-5402; or Office of General Counsel, Panama Canal Commission, Balboa, Ancon, Republic of Panama.

FOR FURTHER INFORMATION CONTACT: John A. Mills, Office of the Secretary, Panama Canal Commission, Telephone: (202) 634-6441, Facsimile: (202) 634-6439; Office of General Counsel, Telephone: 011 (507) 272-7511, Facsimile: 011 (507) 272-3748.

SUPPLEMENTARY INFORMATION: On October 17, 1998, the President signed into law a measure which allows the Commission to require potential claimants to carry insurance for damages sustained at the Panama Canal to their vessels, or to the cargo, crew and passengers of such vessels, which arise by reason of their passage through the locks or their presence in the Canal or adjacent waters. This proposed regulation would impose that requirement and would limit the liability of the Commission to only such damages as are in excess of $1 million.

The Commission is taking these measures in an effort to reduce costs of Canal operations.

This proposed rule involves public property, the Panama Canal, and therefore is excluded from coverage of the Administrative Procedures Act, 5 U.S.C. 553(a)(2). Nevertheless, the Commission has elected generally to follow the notice and comment procedures provided for rulemaking under section 553.

The Commission will consider all timely written comments before publishing the final rule in the Federal Register.

The final rule, as approved and published by the Commission, will be effective no earlier than 30 days after the date of its publication as final in the Federal Register.

The Commission is exempt from Executive Order 12866 and its provisions do not apply to this rule. Even if the Order were applicable, the rule would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. The implementation of this rule will have no adverse effect on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign- based enterprises in domestic or export markets.

Finally, the Secretary of the Panama Canal Commission certifies these changes meet the applicable standards set out in sections 3(a) and 3(b)(2) of Executive Order 12998.

List of Subjects in 35 CFR Part 117

Panama Canal.

For the reasons stated in the preamble, the Panama Canal Commission proposes to amend 35 CFR part 117 as follows:

PART 117--MARINE ACCIDENTS: INVESTIGATIONS; CONTROL; RESPONSIBILITY

1. The authority citation for part 117 is revised to read as follows:

   Authority: 22 U.S.C. 3777-3779, 93 Stat. 487; E.O. 12215, 45 FR 36043.

2. Add a new Sec. 117.7 to part 117 to read as follows:

   Sec. 117.7 Insurance; limitation of liability; subrogation.

   (a) A claimant against the Commission under sections 1411 or 1412 of Title 22, United States Code must be covered by insurance in the amount of $1 million against the types of injuries described in those sections.

   (b) The Commission's liability on any claim under sections 1411 or 1412 of Title 22, United States Code shall be limited to amounts in excess of $1 million.

   (c) The Commission may not consider or pay claims presented by or on behalf of an insurer or subrogee of a claimant under section 1411 or 1412 of Title 22, United States Code.

   Dated: October 19, 1998. John A. Mills, Secretary.

   [FR Doc. 98-28402Filed10-21-98; 8:45 am]

   BILLING CODE 3640-04-P