39260 Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations

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.

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

§ 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 § 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

Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations 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 phaseout 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

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 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 phaseout 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 ll U.S.

ll, 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:

39262 Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules and Regulations

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

§ 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: 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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