[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Rules and Regulations]
[Pages 39260-39262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15955]
[[Page 39259]]
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Part IV
Department of Transportation
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Coast Guard
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33 CFR Part 157
Oil Pollution Act of 1990 Phase-out Requirements for Single Hull Tank
Vessels; Final Rule
Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules
and Regulations
[[Page 39260]]
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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: Final rule.
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SUMMARY: The Coast Guard clarifies the regulations for determining
phase-out dates for single hull tank vessels under the Oil Pollution
Act of 1990 (OPA 90). This rule codifies 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: This final rule is effective July 24, 2000.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-1999-6164 and are available for inspection or
copying at the Docket Management Facility, U.S. Department of
Transportation, room PL-401, 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 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 the docket, call
Dorothy Beard, Chief, Dockets, Department of Transportation, telephone
202-366-9329.
SUPPLEMENTARY INFORMATION:
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.
Regulatory History
On January 18, 2000, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (65 FR 2812) and requested
comments during the 90-day comment period. We received five comments
and all supported the Coast Guard's efforts.
Discussion of Rule
The Coast Guard revises 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 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 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 convert that tank vessel
by adding a full double hull that meets the requirements of 33 CFR
157.10d, the converted vessel will then be considered a double hull
tank vessel. The new double hull tank vessel will 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 notes do not change the effect 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 will no longer be subject to the single hull tank vessel phase-
out schedule of 33 CFR part 157, Appendix G.
Discussion of Comments and Changes
We received 5 letters to the docket in response to our NPRM. No
public meeting was requested and none was held.
All five comments support the Coast Guard's proposed rule. No
changes were made to the proposed rule.
One comment urged the Coast Guard to revise Navigation and Vessel
Inspection Circular (NVIC) No. 10-94 to reflect this rule and provide
the public
[[Page 39261]]
an opportunity to comment on the NVIC. As stated in the NPRM, the Coast
Guard will issue a change to NVIC 10-94.
Regulatory Evaluation
This 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 rule and a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. We received no comments regarding
the costs and benefits of this rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule when publishing
its notice of enforcement policy in the Federal Register (64 FR 19575)
on April 21, 1999. It is expected that this rule, like the 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. We received no comments
regarding the impact on small entities from this rulemaking.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this rule will not have a significant economic impact on a substantial
number of small entities.
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 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 [email protected].
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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Impact on Federalism
This final rule revises the regulations at 33 CFR 157.10d
addressing the phase-out requirements for single hull tank vessels. We
have analyzed this final rule in accordance with the principles and
criteria contained in Executive Order (E.O.) 13132. It is well settled
that States are preempted from establishing any requirements for tank
vessels in the categories of design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and
manning. See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke ____ U.S. ____,
120 S. Ct. 1135 (March 6, 2000). Thus, this entire rule falls within
preempted categories. Because States may not promulgate regulations
within the categories discussed above, preemption is not an issue under
E.O. 13132. We received no comments regarding the impact of Federalism.
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 rule would not impose an unfunded mandate.
Taking of Private Property
This rule 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 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 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 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. This rule 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) and a new Finding of No Significant
Impact (FONSI). These documents are available in the docket where
indicated under ADDRESSES. We received no 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 amends
33 CFR part 157 as follows:
[[Page 39262]]
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 following 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: June 19, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 00-15955 Filed 6-22-00; 8:45 am]
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