(Enter your congressperson’s name here)
(Enter your congressman’s address, either local or in Washington D.C.)
The following link has the address you will need
http://www.house.gov/representatives/
Reference: United States Coast Guard Proposed Rulemaking, Docket ID USCG 1998-3786
Commercial diving safety reform
(June 1, 2012 )
Dear (Congressman)
On June 26, 1998 the United States Coast Guard published a notice in the Federal Register that they would be seeking comments regarding the need to update the commercial diving operations regulations. The request goes on to state that “the regulations are over 20 years old and do not include current safety and technology standards and industry practices.†That request for comment garnered ninety two public submissions in addition to submissions from the Commercial Dive School Educators and other industry groups.
On September 29, 1998 a second notice was published extending the time persons and organizations would have to submit comments on the need revisions for 45 days.
On June 22, 1999 the United States Coast Guard held a formal Investigation which in part was focused on the need to reform and re-write the commercial diving regulations.
(See or refer to the Investigation into the events aboard the Cliffs 12.)
In April of 2001 the then Commandant of the United States Coast Guard, Admiral James M.
Loy, released the “findings in fact†that were an outgrowth of that formal investigation. That “finding in fact†included twenty six recommendations for major revisions to the existing Code of Federal Regulations as they pertain to commercial diving.
In November of 2008 the United States Coast Guard posted those same “findings in fact†as part of the proposed rulemaking procedure.
On January 6, 2009 the United States Coast Guard once again opened a public comment period as part of the proposed rulemaking by posting a notice in the Federal Register. That notice was essentially the same as the notice published on June 26, 1998, which was more than 10 years prior, with the exception of the reference to the formal investigation held in June of 1999.
(The Cliffs 12 Report.)
This proposed Rulemaking into the need to reform the Federal Regulations as they pertain to Commercial Diving has now been ongoing for 14 years. According to the notice in the 1998 Federal Register the regulations at that time were out dated, for over 20 years, and did not reflect industry standards or practice. That condition has not changed. Since 1998 there have been 273 deaths from diving accidents according to USCG records under USCG jurisdiction. Most of these fatalities occurred during commercial diving activities.
Commercial divers continue to be adversely effected by the lack of proper, enforceable and responsible regulations.
On January 14, 2009 the USCG, National Offshore Safety Committee released a report, written in April 2008 regarding their recommendations for revisions to the current 46CFR. A report formulated without any input from actual working divers. Those recommendations did not include any of the 26 recommendations addressed in Admiral Loy’s “Findings in Fact†associated with the Cliffs 12 investigation, did not include the requirements for minimum training, skills, knowledge, and made no recommendation for minimum crew sizes other than the one that already exists.
We are writing today to request that the United States Coast Guard provide a timetable for when we might reasonably expect to have an opportunity to review the proposed 46 CFR Part 197. Further we would request that a date and location be established where concerned citizens will have the opportunity to review and comment in a public arena the proposed revisions.
In advance I would like to thank you for your assistance in this matter and if there is any information or assistance we can offer please do not hesitate to contact me or any of those concerned parties listed below.
Respectfully,
(Your name)
(Address)
(Phone number)
Cc:
Robert.L.Smith@uscg.mil
Info@thediversassociation.com
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