[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Proposed Rules]
[Pages 2812-2814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1028]



[[Page 2811]]

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Part VI





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; Proposed Rule

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

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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 <a href="/cdn-cgi/l/email-protection#81f3e6e0f4f7e8efc1e2eeece5f5aff4f2e2e6afece8ed"><span class="__cf_email__" data-cfemail="7705101602011e193714181a13035902041410591a1e1b">[email protected]</span></a>.
    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.

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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]
BILLING CODE 4910-15-U


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