2812 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Proposed Rules

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.

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 81⁄2

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

§ 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

Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Proposed Rules 2813

August 18, 1990, is the configuration to

be used to determine the vessel’s phaseout 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 phaseout 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 § 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.

2814 Federal Register / Vol. 65, No. 11 / Tuesday, January 18, 2000 / Proposed Rules

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 § 157.10d(a)(4) to

read as follows:

§ 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 § 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 § 157.10d(c) and

§ 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 § 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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