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Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 17, 2001 (Volume 66, Number 11)]
[Rules and Regulations]
[Page 3876-3878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17ja01-4]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 155
[USCG-1998-3417]
RIN 2115-AF60
Salvage and Marine Firefighting Requirements; Vessel Response
Plans for Oil
AGENCY: Coast Guard, DOT.
ACTION: Final rule; partial suspension of regulation.
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SUMMARY: Current vessel response plan regulations require the owners or
operators of vessels carrying Groups I
[[Page 3877]]
through V petroleum oil as a primary cargo to identify in their
response plans a salvage company with expertise and equipment, and a
company with firefighting capability that can be deployed to a port
nearest to the vessel's operating area within 24 hours of notification
(Groups I-IV) or a discovery of a discharge (Group V). On February 12,
1998, a notice of suspension was published in the Federal Register,
suspending the 24-hour requirement scheduled to become effective on
February 18, 1998, until February 12, 2001 (63 FR 7069). The Coast
Guard has decided to extend this suspension period for another 3 years
to allow us to complete the rulemaking that proposes to revise the
salvage and marine firefighting requirements. The extension is
necessary because the potential impact on small businesses from this
new rulemaking requires us to prepare an initial regulatory flexibility
analysis under the Small Business Regulatory Enforcement Fairness Act
of 1996. This was not determined until a draft regulatory assessment
was complete in November 2000. We expect to complete the analysis and
publish a notice of proposed rulemaking this year. The extension of the
suspension period will continue to relieve the affected industry from
complying with the existing 24-hour requirements until the project is
complete, and amendments to the salvage and marine firefighting
requirements become final.
DATES: This extension is effective as of February 12, 2001. Termination
of the suspension will be on February 12, 2004.
ADDRESSES: You may submit comments by one of the following methods:
(1) By mail to the Docket Management Facility, (USCG-1998-3417),
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 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 at the same
address between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. You may also access this docket on the Internet at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this final rule
partial suspension of regulations, call Lieutenant Douglas Lincoln,
Office of Response, Response Operations Division, Coast Guard
Headquarters, telephone 202-267-0448, or via e-mail:
dlincoln@comdt.uscg.mil. For questions on viewing, or submitting
material to, the docket, call Dorothy Beard, Chief, Dockets, Department
of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Background and Regulatory History
Requirements for salvage and marine firefighting resources in
vessel response plans have been in place since February 5, 1993 (58 FR
7424). The existing requirements are general. The Coast Guard did not
originally develop specific requirements because each salvage and
marine firefighting response for an individual vessel is unique, due to
the vessel's size, construction, operating area and other variables.
The Coast Guard's intent was to rely on the planholder to prudently
identify contractor resources to meet their needs. The Coast Guard
anticipated that the significant benefits of a quick and effective
salvage and marine firefighting response would be sufficient incentive
for industry to develop salvage and marine firefighting capability
parallel to the development of oil spill removal organizations.
Early in 1997, it became apparent that there was disagreement among
planholders, salvage and marine firefighting contractors, maritime
associations, public agencies, and other stakeholders as to what
constituted adequate salvage and marine firefighting resources. There
was also concern as to whether these resources could respond to the
port nearest to the vessel's operating area within 24 hours.
On June 24, 1997, a notice of meeting was published in the Federal
Register (62 FR 34105) announcing a workshop to solicit comments from
the public on potential changes to the salvage and marine firefighting
requirements currently found in 33 CFR part 155.
A public workshop was held on August 5, 1997, to address issues
related to salvage and marine firefighting response capabilities,
including the 24-hour response time requirement, which was then
scheduled to become effective on February 18, 1998. The participants
uniformly identified the following three issues that they felt the
Coast Guard needed to address:
(1) Defining the salvage and marine firefighting capability that is
necessary in the plans.
(2) Establishing how quickly these resources must be on-scene.
(3) Determining what constitutes an adequate salvage and marine
firefighting company.
Reason for Suspension
On February 12, 1998, a notice of suspension was published in the
Federal Register, suspending the 24-hour requirement scheduled to
become effective on February 18, 1998, until February 12, 2001 (63 FR
7069) so that the Coast Guard could address the issues identified at
the public workshop through a rulemaking that would revise the existing
salvage and marine firefighting requirements. The Coast Guard has
decided to extend the suspension period for another 3 years. The
extension is necessary because the potential impact on small businesses
from this new rulemaking requires us to prepare an initial regulatory
flexibility analysis under the Small Business Regulatory Enforcement
Fairness Act of 1996. This was not determined until a draft regulatory
assessment was complete in November 2000. We expect to complete the
analysis and publish a notice of proposed rulemaking this year. The
extension of the suspension period will continue to relieve the
affected industry from complying with the existing 24-hour requirements
until the project is complete, and amendments to the salvage and marine
firefighting requirements become final.
Regulatory Evaluation
Although the final rule published in 1996 was a significant
regulatory action under section 3(f) of Executive Order 12866, the
Office of Management and Budget (OMB) does not consider this extension
as a significant action. As a result, it does not require an assessment
of potential costs and benefits under section 6(a)(3) of that Order. It
is not ``significant'' under the regulatory policies and procedures of
the Department of Transportation (DOT)(44 FR 11040, February 26, 1979).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this extension will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
[[Page 3878]]
fields, and governmental jurisdictions with populations of less than
50,000.
This action will not have a significant economic impact on a
substantial number of small entities because the original requirements
did not have a significant effect on a substantial number of small
entities. The extension on the suspension does not change those
original requirements. Any future regulatory action on this issue will
address any economic impacts, including impacts on small entities.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this extension
to a suspension of a final rule will not have a significant economic
impact on a substantial number of small entities.
Assistance for Small Entities
The Small Business and Agriculture Regulatory Enforcement Ombudsman
and 10 Regional Fairness Boards were established to receive comments
from small businesses about Federal agency enforcement actions. The
Ombudsman will annually evaluate the enforcement activities and rate
each agency's responsiveness to small business. If you wish to comment
on the enforcement actions of the Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).
Collection of Information
This action does not provide for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
We have analyzed this action under E.O. 13132 and have determined
that it does not have implications for federalism under that Order.
Because this action extends a suspension of a final rule, it does not
preempt any state action.
Unfunded Mandates Reform Act
This action will not result in an unfunded mandate under the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538).
Taking of Private Property
This action will 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.
Civil Justice Reform
This action 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 action 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. An Environmental Assessment and a Finding of No Significant
Impact are available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 155
Hazardous substances, Incorporation by reference, Oil pollution,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 155 as follows:
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
1. The authority citation for part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715, 3719; sec.
2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46,
1.46 (iii).
Sections 155.110-155.130, 155.350-155.400, 155.430, 155.440,
155.470, 155.1030(j) and (k), and 155.1065(g) also issued under 33
U.S.C. 1903(b); and Secs. 155.1110-155.1150 also issued 33 U.S.C.
2735.
Note: Additional requirements for vessels carrying oil or
hazardous materials appear in 46 CFR parts 30 through 36, 150, 151,
and 153.
Sec. 155.1050 [Amended]
2. In Sec. 155.1050, paragraph (k)(3) is suspended until February
12, 2004.
Sec. 155.1052 [Amended]
3. In Sec. 155.1052, the last sentence in paragraph (f) is
suspended until February 12, 2004.
Dated: January 10, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 01-1205 Filed 1-11-01; 2:28 pm]
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