[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Proposed Rules]
[Pages 9276-9278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3568]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 154 and 155

[Docket No. USCG-1998-4354 and USCG-1999-5705]
RIN 2115-AE87 and 2115-AE88


Tank Vessel and Marine Transportation-Related Facility Response 
Plans for Hazardous Substances

AGENCY: Coast Guard, DHS.

ACTION: Proposed rules; reopening of comment period.

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SUMMARY: The Coast Guard is reopening the comment periods on two 
proposed rules before issuing final rules regarding Tank Vessel 
Response Plans for Hazardous Substances (USCG-1998-4354) and Marine 
Transportation-Related Facility Response Plans for Hazardous Substances 
(USCG-1999-5705). The Coast Guard previously published two notices of 
proposed rulemaking (NPRMs) proposing to require response plans for 
certain tank vessels operating on the navigable waters of the United 
States, as well as marine transportation-related facilities, that could 
reasonably be expected to cause substantial harm to the environment by 
discharging a hazardous substance. The proposed regulations were 
published to implement the requirements put into place by the Oil 
Pollution Act of 1990, but were never published as final rules. Because 
of the lapse in time since the NPRM publications, the Coast Guard is 
reopening the comment period to allow for any additional or updated 
comments from the public before publishing the final rules.

DATES: Comments and related material must either be submitted to the 
appropriate online docket via http://www.regulations.gov on or before 
May 18, 2011 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
1998-4354 and/or USCG-1999-5705 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. Please submit comments to the appropriate docket; 
if your comments apply to both proposed rules, please submit them to 
both dockets.
    Viewing incorporation by reference material: You may inspect the 
material proposed for incorporation by reference at room 2100, U.S. 
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC 
20593-0001 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-267-6716. Copies of the 
material are available as indicated in the ``Incorporation by 
Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Raymond Martin, Coast Guard; telephone 202-372-
1449, e-mail <a href="/cdn-cgi/l/email-protection#1e4c7f677371707a304930537f6c6a77705e6b6d7d7930737772"><span class="__cf_email__" data-cfemail="386a59415557565c166f1675594a4c5156784d4b5b5f16555154">[email protected]</span></a>. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-1998-4354 and/or USCG-1999-5705), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. We recommend that you include 
your name and a mailing address, an e-mail address, or a phone number 
in the body of your document so that we can contact you if we have 
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will

[[Page 9277]]

then become highlighted in blue. In the ``Document Type'' drop down 
menu select ``Proposed Rule'' and insert ``USCG-1998-4354'' or ``USCG-
1999-5705'' in the ``Keyword'' box. Click ``Search'' then click on the 
balloon shape in the ``Actions'' column. If you submit your comments 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 comments by mail and would like to know that 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 and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-1998-4354'' or ``USCG-
1999-5705'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to either docket using one of the methods specified 
under ADDRESSES. In your request, explain why you believe a public 
meeting 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.

II. Background

    The Clean Water Act (CWA), as amended by section 4202(a)(6) of the 
Oil Pollution Act of 1990 (OPA 90), requires owners or operators of 
tank vessels, offshore facilities, and onshore facilities to prepare 
response plans to mitigate spills of both oils and hazardous 
substances. Specifically, it requires the owners and operators of those 
vessels and facilities that could reasonably be expected to cause 
substantial or significant and substantial harm to the environment to 
prepare and submit response plans. These plans must address measures to 
respond, to the maximum extent practicable, to a worst-case discharge 
or a substantial threat of such a discharge, of oil or a hazardous 
substance into or on navigable waters, adjoining shorelines, or the 
exclusive economic zone of the United States. The primary purpose of 
requiring response plans is to minimize impact of a discharge of oil or 
hazardous substances into the navigable waters of the United States.
    In response to the Congressional statute, the Coast Guard 
promulgated several rules regarding response plans for oil spills. The 
Final Rule for oil spill response plans for vessels was published on 
January 12, 1996 (61 FR 1052), and the rule for facilities followed on 
February 29, 1996 (61 FR 7890).
    In addition to publication of oil spill response plan regulations, 
we published proposals regarding response plans for hazardous 
substances. On May 3, 1996, we published an ANRPM addressing vessel and 
facility response plans (61 FR 20084). The ANPRM discussed the 
background, statutory requirements, and possible regulatory approaches 
to developing plans for hazardous substance releases. It also posed 96 
questions, and the Coast Guard Received 42 comment letters replying to 
the ANPRM.
    The Coast Guard gathered additional information to formulate 
hazardous substance response plans from the public during public 
meetings and a response plan workshop. We conducted two public meetings 
on July 30, 1996, in Washington, DC, and August 5, 1996, in Houston, 
TX. The Coast Guard held a workshop and meeting in Houston, TX to 
engage various stakeholders in issues that had been identified as 
significant in response to the ANPRM. The workshop focused on four 
specific issues identified in advance: (1) The role and contents of 
first responders' guides; (2) the role and capabilities of decision 
support systems; (3) chemical removal technology; and (4) public 
responder versus private responder issues.
    Finally, the Coast Guard received recommendations from advisory 
committees. Under the auspices of the Chemical Transportation Advisory 
Committee (CTAC), the Hazardous Substances Response Plan Subcommittee 
was formed to develop and recommend hazardous substance response plan 
criteria for the agency's consideration in developing requirements for 
response plans. The subcommittee formed working groups to address the 
various aspects of response planning: Fate and effects, response 
resources and methodology, and planning process. Based on the work done 
by these groups, the subcommittee delivered a report containing 
findings and recommendations, which was considered by the Coast Guard 
in developing its proposed regulations.
    Based on the comments provided to the Coast Guard from the sources 
listed above, we published two separate NPRMs proposing to require 
hazardous substance response plans for tank vessels and marine 
transportation-related facilities on March 22, 1999 and March 31, 2000, 
respectively (64 FR 13734 and 65 FR 17416). The intent of the proposed 
regulations was to ensure access to the necessary information and 
equipment during a response to a spill of hazardous substances, as well 
as to ensure the availability of appropriate technical expertise as 
necessary. The proposed requirements allowed for flexibility in 
determining how to respond to a particular spill, given that the 
disparate nature of spills of hazardous substances do not lend 
themselves to standardized procedures, unlike the comparatively 
standardized procedures for oil spill responses.
    The premise of the proposed regulations is that, through an 
analysis of the required information by area specialists, the most 
appropriate response strategies for dealing with a particular spill 
could be identified and performed. Furthermore, the proposed 
regulations were intended to accommodate the use of the National 
Response Team's Integrated Contingency Plan (ICP) Guidance, published 
in the Federal Register on June 5, 1996 (61 FR 28642). This guidance 
provided a mechanism for consolidating multiple plans into one 
functional emergency response plan, minimizing or eliminating 
duplication of information. In addition, the proposed regulations 
allowed plans to be structured in such a way that oil response plans 
for tank vessels and facilities could be amended or

[[Page 9278]]

augmented to meet the requirements for hazardous substances.
    At this time, we believe that the proposed regulations provide a 
basis to develop strong, flexible plans to address spills of hazardous 
substances. The proposals also encourage plans that make use of 
industry best practices and comply with international standards. We 
encourage readers to refer to the published NPRMs and their supporting 
documents for a more complete discussion of the proposed regulations.

III. Discussion

    In the Coast Guard Authorization Act of 2010 (Pub. L. 111-281), 
Congress mandated that the agency promulgate final rules pursuant to 
section 311 of the CWA within 18 months. Despite publishing proposals 
for hazardous substance response plans in 1999 and 2000, the Coast 
Guard has not yet issued final rules on this issue. However, in 
accordance with the legislative mandate, we are planning to publish 
final rules based on these proposals within the required timeframe. The 
final rules will consider all of the comments received in the course of 
this rulemaking action, both written and presented in public meetings.
    In this notice, the Coast Guard is reopening the comment period for 
the NPRMs on hazardous substance response plans for tank vessels and 
marine transportation-related facilities. At this time, we are not yet 
responding to comments received in response to the NPRMs, nor are we 
changing the proposals in any way. Due to the length of time that has 
elapsed since the publication of the proposed rules, we are reopening 
the comment period to solicit additional or updated comments regarding 
the proposed hazardous substance response plan regulations. Such 
information may relate to changed market conditions, industry 
practices, improvements in technology, or any other matter addressed by 
the proposed regulations.
    One issue on which we are specifically not requesting comments at 
this time is the expansion of the requirement for response plans to 
noxious liquid substances not covered by 40 CFR part 116. In Section 
701 of the Coast Guard and Maritime Transportation Act of 2004 (Pub. L. 
108-219), Congress amended the CWA by adding paragraph (B) to 33 U.S.C. 
1321(j)(5), which authorized the Coast Guard to require response plans 
for noxious liquid substances not covered under other regulations. 
However, because the agency is required to publish a final rule by 
April of 2012, we will not be able to incorporate those chemicals into 
the current response plan proposals. The agency is closely studying the 
matter and intends to propose regulations in the future regarding those 
additional chemicals.

IV. Incorporation by Reference

    Material proposed for incorporation by reference appears in Sec.  
155.3035 of the proposed text. You may inspect this material at U.S. 
Coast Guard Headquarters where indicated under ADDRESSES. Copies of the 
material are available from the sources listed in Sec.  155.140.

    Dated: February 11, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-3568 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P


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