[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 <a href="/cdn-cgi/l/email-protection#0674616773706f684665696b62722873756561286b6f6a"><span class="__cf_email__" data-cfemail="0a786d6b7f7c63644a6965676e7e247f79696d24676366">[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 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]
BILLING CODE 4910-15-P


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