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Oil Pollution Act of 1990 Phase-out Requirements for Single Hull Tank Vessels
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 18, 2000 (Volume 65, Number 11)]
[Proposed Rules]
[Page 2811-2814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja00-22]
[[Page 2811]]
Part VI
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
33 CFR Part 157
Oil Pollution Act of 1990 Phase-out Requirements for Single Hull Tank
Vessels; Proposed Rule
[[Page 2812]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 157
[USCG-1999-6164]
RIN 2115-AF86
Oil Pollution Act of 1990 Phase-out Requirements for Single Hull
Tank Vessels
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to clarify our regulations for
determining phase-out dates for single hull tank vessels under the Oil
Pollution Act of 1990 (OPA 90). This proposed rule would codify our
policy published on April 21, 1999, that states that conversion of a
single hull tank vessel to add only double sides or only a double
bottom after August 18, 1990, will not change the vessel's scheduled
phase-out date under OPA 90.
DATES: Comments and related material must reach the Docket Management
Facility on or before April 17, 2000.
ADDRESSES: To make sure your comments and related material are not
entered more than once in the docket, please submit them by only one of
the following means:
(1) By mail to the Docket Management Facility (USCG-1999-6164),
U.S. Department of Transportation, room PL-401, 400 Seventh Street
SW, Washington, DC 20590-0001.
(2) By hand delivery to room PL-401 on the Plaza level of the
Nassif Building, 400 Seventh Street SW, Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(3) By fax to the Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket
Management System at http://dms.dot.gov.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street SW, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule,
please contact Mr. Bob Gauvin, Project Manager, Office of Operating and
Environmental Standards, Commandant (G-MSO-2), U.S. Coast Guard,
telephone 202-267-1053. For questions on viewing or submitting material
to the docket, call Dorothy Walker, Chief, Dockets, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (USCG-1999-
6164), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. You may submit
your comments and material by mail, hand delivery, fax, or electronic
means to the Docket Management Facility at the address under ADDRESSES;
but please submit your comments and material by only one means. If you
submit them by mail or hand delivery, submit them in an unbound format,
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know they reached
the Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Section 4115 of the Oil Pollution Act of 1990 (OPA 90), (Pub. L.
101-380, August 18, 1990) amended Title 46, United States Code
(U.S.C.), by adding a new section 3703a. This section contains the
double hull requirements and phase-out schedule for single hull tank
vessels operating in U.S. waters. It requires an owner to remove a
single hull tank vessel from bulk oil service on a specific date,
depending on the vessel's gross tonnage, build date, and hull
configuration. The phase-out schedule allows more years of service for
single hull tank vessels that have been configured to include double
sides or a double bottom than for ones without these hull
configurations.
The OPA 90 timetable for double hull requirements for single hull
tank vessels is set out in 33 CFR part 157, Appendix G. Neither OPA 90
nor our regulations address if, or when, a vessel owner can convert a
single hull tank vessel to include only double sides or only a double
bottom to change its phase-out date. As a result, some vessel owners
asked the Coast Guard to clarify the types of vessel conversions
permitted and their associated effect on phase-out dates.
The Coast Guard published a request for comments on this issue in
the Federal Register (63 FR 63768) on November 16, 1998. The notice
encouraged interested persons to provide written comments, information,
opinions and arguments on whether single hull tank vessels that were
converted to add double sides or a double bottom should use the newer
hull configuration for determining their OPA 90 phase-out date. The
comment period ended on January 15, 1999, and there were 32 submissions
to the docket.
After reviewing the comments received, the Coast Guard published a
notice of policy in the Federal Register (64 FR 19575) on April 21,
1999. The notice stated that changing the hull configuration of a
single hull tank vessel to a single hull tank vessel with only double
sides or only a double bottom after August 18, 1990, would not result
in a change to the tank vessel's original phase-out date required by 46
U.S.C. 3703a. The notice also stated that a rulemaking would be
initiated to make appropriate changes to the double hull regulations in
33 CFR part 157 and that we would revise Navigation and Vessel
Inspection Circular No. 10-94, consistent with this policy.
On October 9, 1999, the Department of Transportation and Related
Agencies Appropriation Act of 2000 (Pub. L. 106-69 (113 Stat. 986) was
enacted. Section 344 of the Act prohibits the Coast Guard from
obligating or expending funds to grant extensions of existing single
hull tank vessels' phase-out dates under 46 U.S.C. 3703a. This
legislation is consistent with our April 21, 1999, policy statement and
requires no change to that policy.
Discussion of Proposed Rule
The Coast Guard proposes to revise two notes to the regulations
presently in 33 CFR part 157. The first note follows
Sec. 157.10d(a)(4). The second note is at the end of the phase-out
schedule in 33 CFR part 157, Appendix G. Both notes would state that an
existing single hull tank vessel's configuration (i.e., single hull;
single hull with double sides; or single hull with a double bottom) on
[[Page 2813]]
August 18, 1990, is the configuration to be used to determine the
vessel's phase-out date under the statute. Conversion of a single hull
vessel with no double hull attributes, by adding only double sides or
only a double bottom after that date cannot be used to calculate a
different single hull tank vessel phase-out date.
If a single hull tank vessel was originally constructed with only
double sides or only a double bottom and you converted that tank vessel
by adding a full double hull that met the requirements of 33 CFR
157.10d, the converted vessel would then be considered a double hull
tank vessel. The new double hull tank vessel would no longer be subject
to the phase-out requirements of 33 CFR part 157, Appendix G. A
conversion to a double hull tank vessel which meets the requirements of
Sec. 157.10d, is not considered an exemption, exception, or waiver of
the phase-out requirements of OPA 90 for single hull tank vessels.
The proposed notes do not change the affect of the definition of
major conversion in 33 CFR 157.03. The alteration of a single hull tank
vessel with only double sides or only a double bottom is not a major
conversion. Nor do these types of conversions affect the original
phase-out date of a single hull tank vessel in 33 CFR part 157,
Appendix G. The alteration of a single hull tank vessel to be
completely double hulled is not a major conversion. After conversion to
a double hull meeting the requirements of 33 CFR part 157, the tank
vessel would no longer be subject to the single hull tank vessel phase-
out schedule of 33 CFR part 157, Appendix G.
The Coast Guard requests your comments on these proposed notes and
your recommendations for other amendments to 33 CFR part 157 necessary
to ensure clarity of this issue.
Regulatory Evaluation
This proposed rule 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. The Office of Management and Budget has not reviewed it
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).
Since this action clarifies the Coast Guard's existing regulatory
requirements and does not alter our previous policy on OPA 90 phase-out
requirements, we expect no economic impact from this proposed rule and
a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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.
The Coast Guard reviewed the effects of this enforcement policy
when publishing its notice in the Federal Register (64 FR 19575) on
April 21, 1999. It is expected that this policy will not alter the
impact to small entities or any other entity affected by the original
OPA 90 phase-out requirements in 33 CFR part 157, Appendix G. No single
hull tank vessel owned by a small entity or any other entity has been
given an extension of its phase-out period by the Coast Guard after
August 18, 1990, due to adding a double bottom or double sides to an
existing single hull configuration.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult with: Mr. Bob Gauvin, Project
Manager, Office of Operating and Environmental Standards, Commandant
(G-MSO-2), U.S. Coast Guard, at 202-267-1053, by facsimile 202-267-
4570, or by email at rgauvin@comdt.uscg.mil.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under E.O. 13132 and have
determined that this rule does not have implications for federalism
under that Order. This proposed rule does not change the statutory
phase-out dates prescribed by OPA 90 for single hull tank vessels. It
clarifies the Coast Guard's policy on whether a vessel can change its
category on the schedule for double-hull compliance under OPA 90, but
does not change the substantive effect of the existing regulations.
This proposed rule would effect no change in the current requirements
on State or local governments, which are preempted by operation of law
from regulating the design and construction of tank vessels. See Ray v.
ARCO, 435 U.S. 151 (1978). This rule does not impose any direct cost of
compliance on State or local governments.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
[[Page 2814]]
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that preparation of an Environmental Impact Statement is not
necessary. The regulatory clarifications proposed by this rule do not
change the original assessment to the environment completed when the
OPA 90 phase-out regulations in 33 CFR 157 were published. The policy
implemented by this proposal is consistent with the Coast Guard's
actions of the OPA 90 phase-out schedule since its enactment on August
18, 1990. We are, therefore, relying upon that Environmental Assessment
(EA) which together with a new draft Finding of No Significant Impact
(FONSI) are available in the docket where indicated under ADDRESSES. We
request comments on our EA and draft FONSI.
List of Subjects in 33 CFR Part 157
Cargo vessels, Oil pollution, Reporting and recordkeeping
requirements.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 157 as follows:
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT
RELATING TO TANK VESSELS CARRYING OIL IN BULK
1. The authority citation for part 157 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR
1.46. Subparts G, H, and I are also issued under section 4115(b),
Pub. L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.
2. Revise the note to Sec. 157.10d(a)(4) to read as follows:
Sec. 157.10d Double hulls on tank vessels.
(a) * * *
(4) * * *
Note: The double hull compliance dates of 46 U.S.C. 3703a(c)
are set out in appendix G to this part. To determine a tank vessel's
double hull compliance date under OPA 90, use the vessel's hull
configuration (i.e., single hull; single hull with double sides; or
single hull with double bottom) on August 18, 1990.
* * * * *
3. Revise the note at the end of Appendix G to read as follows:
APPENDIX G--TIMETABLES FOR APPLICATION OF DOUBLE HULL REQUIREMENTS
* * * * *
Note: Double sides and double bottoms must meet the
requirements in Sec. 157.10d(c) or (d), as appropriate. A vessel
will be considered to have a single hull if it does not have double
sides and a double bottom that meet the requirements in
Sec. 157.10d(c) and Sec. 157.10d(d). To determine a tank vessel's
double hull compliance date under OPA 90, use the vessel's hull
configuration (i.e., single hull; single hull with double sides; or
single hull with double bottom) on August 18, 1990. The conversion
of a single hull tank vessel to include only double sides or only a
double bottom after August 18, 1990, will not result in a change of
the vessel's originally scheduled phase-out date.
The conversion of a single hull tank vessel to a double hull tank
vessel meeting the requirements of Sec. 157.10d complies with OPA 90.
Dated: January 10, 2000.
R. C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 00-1028 Filed 1-14-00; 8:45 am]
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