Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations 48769

(ii) Proceed as directed by any

commissioned, warrant or petty officer

on board a vessel displaying a Coast

Guard ensign.

(c) Effective dates: This regulation is

effective from 10 a.m. to 5:30 p.m. EDT

on September 13 and 14, 1997.

Dated: September 2, 1997.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–24593 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[CGD 79–116]

RIN 2115–AA03

Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied

Gases

AGENCY: Coast Guard, DOT.

ACTION: Final rule; Extension of a

delayed compliance date, request for

comments.

SUMMARY: The Coast Guard establishes

an extended delay of the date for

compliance and invites further public

comments on the appropriate

qualifications for a person in charge of

the transfer of fuel oil as treated in the

final rule regulating Qualifications for

Tankermen and for Persons in Charge

(PICs) of Transfers of Dangerous Liquids

and Liquefied Gases, published on May

8, 1997 (62 FR 25115). The delay and

additional opportunity for comment are

necessary because much of the maritime

industry, especially the inland towing

segment, has expressed concern that it

was not aware of the rule, or was

confused about the section that governs

fueling. The delay and opportunity for

comment will ensure that the Coast

Guard fully considers all viewpoints.

EFFECTIVE DATE: The effective date of the

final rule published in the Federal

Register on May 8, 1997 (62 FR 25115)

remains June 9, 1997.

Compliance Dates: The compliance

date for the revisions to 33 CFR

155.710(e) introductory text, (e)(1),

(e)(2) and (e)(3) is July 1, 1998.

Furthermore, the compliance date for 33

CFR 155.710(e)(4), not revised in the

final rule, is July 1, 1998.

Comments: Comments must be

received by November 17, 1997.

ADDRESSES: You may mail comments to

the Executive Secretary, Marine Safety

Council (G–LRA, 3406) [CGD 79–116],

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or deliver them to room

3406 at the above address between 9:30

a.m. and 2 p.m., Monday through

Friday, except Federal holidays. The

telephone number is 800–842–8740,

extension 7–1477.

FOR FURTHER INFORMATION CONTACT:

Mr. Mark C. Gould, Project Manager,

Maritime Personnel Qualifications

Division. The telephone number is 800–

842–8740, extension 7–6890.

SUPPLEMENTARY INFORMATION:

Delay of Date for Compliance

The Coast Guard establishes a further

delay of date for compliance with

§§ 155.710(e), (e)(1), (e)(2), (e)(3), and

(e)(4); The new date is July 1, 1998. The

delay for compliance will allow the

Coast Guard ample time to evaluate

comments received in response to this

notice.

Request for Comments

The Coast Guard encourages

interested persons to offer comments on

the issues set forth in this delay of date

for compliance and request for

comments. Persons submitting

comments should include their names

and addresses, identify the docket [CGD

79–116], and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 x 11

inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Background and Purpose

On April 4, 1995, the Coast Guard

published an interim rule regulating

Qualifications for Tankermen and for

Persons in Charge of Transfers of

Dangerous Liquids and Liquefied Gases

[60 FR 17134]. On May 8, 1997, the

Coast Guard published a final rule

revising, among other things, the

language of 33 CFR 155.710(e) [62 FR

25115]. The final rule did not change

the requirements for fueling in 33 CFR

155.710(e), (e)(1), (e)(2), (e)(3), or (e)(4)

from those in the interim rule, but it

clarified the applicability of the section

and made clear that the regulation

covered more of the public than the

public had thought. Many members of

the maritime industry asked the Coast

Guard to delay the date of compliance

and to allow the opportunity for

additional comments on § 155.710(e).

The language of the interim rule had

led many operators of inland towboats

to assume that they could comply with

either paragraph 155.710(e)(1) or (2).

Paragraph (1) requires that the PIC on an

inspected or uninspected vessel,

required by 46 U.S.C. 8904(a) to have a

licensed person aboard, hold a license

that authorizes service on that vessel as

master, mate, pilot, engineer, or

operator, or hold a valid MMD endorsed

as Tankerman-PIC or Tankerman-PIC

(Barge), appropriate to the fuel oil and

vessel. Paragraph (2) requires that,

aboard each uninspected vessel of 100

or more gross tons, the PIC of the

transfer of fuel oil be instructed both in

his or her duties and in the Federal

statutes and regulations on water

pollution that apply to the vessel. But,

as the final rule made plain, paragraph

(2) covers only uninspected vessels of

100 or more gross tons not already

covered by paragraph (1). And, since

each uninspected towing vessel (UTV)

of more than 26 feet in length must

carry aboard a person licensed to

operate that type of vessel under 46

U.S.C. 8904, each of those UTVs must

comply with paragraph (1).

After the Coast Guard published the

final rule, it learned that from 2,500 to

3,000 mariners will need to obtain the

licenses or merchant mariners’

documents (MMDs) under paragraphs

155.710(e)(1). To obtain these

credentials takes both professional

experience and formal training. It will

also take more training facilities than

are now available. For this reason, on

July 11, 1997, the Coast Guard

published a notice [62 FR 37134]

delaying the date for compliance with

§ 155.710(e), in its entirety, until

January 1, 1998.

An important change in the final rule

affected § 155.710(e). The PIC may now

hold a merchant mariner’s document

(MMD) instead of a license. But the

MMD must be endorsed as either (1)

restricted Tankerman-PIC (as described

in the final rule under § 13.111(b)); (2)

Tankerman-PIC (as described in the

final rule under § 13.201); or, for barges

only, (3) Tankerman-PIC (Barge) (as

described in the final rule under

§ 13.301). As the Coast Guard stressed in

the final rule, it always intended for

§ 155.710(e)(1) to apply to UTVs.

Allowing a second person to serve as

PIC was appropriate to alleviate the

burden on the operator of an

uninspected towing vessel (OUTV)

during transfers of fuel under way,

when the operator’s attention and

presence are necessary in the

wheelhouses to ensure the safe

navigation of their vessels. Most UTVs

carry just one or two OUTVs. While one

is navigating the vessel, the other must

be getting his or her mandatory rest
48770 Federal Register / Vol. 62, No. 180 / Wednesday, September 17, 1997 / Rules and Regulations

before assuming the watch as OUTV; so

neither is generally available for

transfers. The usual practice has been

for an unlicensed and undocumented

person to act as the actual PIC, although

the OUTV remains the Legal PIC.

Currently, it is not uncommon for an

unlicensed and undocumented person

to act as the actual PIC, although the

OUTV remains the legal PIC. Under

paragraph 155.710(e)(1) of the final rule,

it may become necessary for a UTV to

carry aboard either another licensed

person or an unlicensed person with an

MMD endorsed as Tankerman-PIC or

restricted Tankerman-PIC. The Coast

Guard has determined that requiring

licensing or documentation for the

person in charge of a fueling operation

is good marine practice. The fuel

transfer process should be such that

either the documented person on the

fuel flat, or the individual ‘‘in charge’’

of the fuel transfer on the towing vessel,

should be knowledgeable enough, and

have the authority, to shut down the

transfer in the event of a problem. Each

should be appropriately qualified to

handle their responsibilities, and

accountable for any mistakes that they

might make.

Beyond any public comments

addressing 33 CFR 155.710(e) in

general, the Coast Guard also seeks

comments on the following issues:

(1) Somebody aboard each UTV must

be accountable for the safe completion

of every transfer of fuel. Who should be

legally responsible for it—an OUTV?

Another licensed or documented

person? Or an unlicensed and

undocumented person? If the last of

these, what recourse would the Coast

Guard have against that person if a spill

occurred during a transfer in which he

or she was the legal PIC?

(2) Should the PIC of a transfer of fuel

aboard the UTV have to hold either (a)

a license; or (b) an MMD endorsed for

Tankerman-PIC, restricted TankermanPIC, or Tankerman-PIC (Barge)?

(3) What kind of formal training

should an applicant have to prove to

hold an MMD endorsed in any of these

three ways?

Dated: September 4, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–24592 Filed 9–16–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 155 and 156

[CGD 90–071a]

RIN 2115–AD87

Overfill Devices

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing minimum standards for

overfill devices as required by the Oil

Pollution Act of 1990 (OPA 90). The

purpose of the overfill device is to warn

of cargo tank overfills. This regulation

requires the phased-in installation and

use of the devices on the cargo tanks of

certain tank vessels that carry oil or oil

residue as primary cargo. This

regulation should reduce the likelihood

of spills when oil is loaded as cargo.

DATES: This final rule is effective on

October 17, 1997.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the office of the

Executive Secretary, Marine Safety

Council (G–LRA/3406), U.S. Coast

Guard Headquarters, 2100 Second Street

SW., room 3406, Washington, DC

20593–0001, between 9:30 a.m. and 2:00

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (202) 267–1477.

FOR FURTHER INFORMATION CONTACT:

LTJG J.K. Grzelak, Project Manager,

Office of Standards Evaluation and

Development (G–MSR), telephone (202)

267–1249.

SUPPLEMENTARY INFORMATION:

Regulatory History

Section 4110 of the Oil Pollution Act

of 1990 (OPA 90) [Pub. L. 101–380) adds

a statutory note following 46 U.S.C.

3703 requiring, in part, the

establishment of minimum standards for

overfill devices on certain tank vessels.

To meet the statutory requirements,

the Coast Guard published a notice of

proposed rulemaking (NPRM) entitled,

‘‘Overfill Devices,’’ in the Federal

Register (58 FR 4040; January 12, 1993).

The Coast Guard received 32 letters

commenting on the proposal.

In response to some comments, the

Coast Guard published a notice (58 FR

54315; October 21, 1993) and held a

public meeting at U.S. Coast Guard

Headquarters in Washington, DC, on

November 17, 1993. Twenty-eight

people attended the meeting. A list of

the attendees and audio tapes of the

meeting are available in the public

docket for this rulemaking [CGD 90–

071a] at the address listed under

ADDRESSES.

On October 21, 1994, the Coast Guard

published an interim rule entitled,

‘‘Overfill Devices’’ in the Federal

Register (59 FR 53286). On January 19,

1995, the interim rule went into effect

and the comment period closed. The

Coast Guard received 7 letters

commenting on the interim rule. No

additional public meeting was requested

and none was held.

Background and Purpose

An overfill spill occurs when too

much oil is pumped or gravitated into

a cargo tank during a transfer operation

(e.g., from a facility to a tank vessel or

from one tank vessel to another). Human

error is the most often reported cause of

this type of spill. Many overfill spills

are small; however, some reported

overfill spills have involved large

quantities of oil.

Coast Guard regulations require vessel

owners and operators to follow

pollution prevention procedures during

oil transfer operations (33 CFR parts 155

and 156). Existing regulations did knot

require devices on cargo tanks to detect

and warn of impending overfills until

January 19, 1995, when the interim rule

for overfill devices went into effect.

More detailed background

information on overfill spills and

devices can be found in the preamble of

the NPRM under Background and

Purpose.

Discussion of Comments and Changes

Seven letters were received in

response to the interim rule. The Coast

Guard has reviewed all of the comments

and they are discussed as follows:

Applicability

One comment, writing on behalf of 7

agricultural associations, strongly

supported the Coast Guard’s interim

rule as it applies to animal fats and

vegetable oils. This final rule continues

to exclude tank vessels carrying animal

fats and vegetable oils from overfill

device requirements. To make this

exclusion clear, paragraph (f) of 33 CFR

155.480 has been revised in this final

rule.

One comment expressed opposition to

the requirements for overfill devices on

black oil barges, specifically those that

carry Number 6 oil, because they carry

that oil only for a few months out of the

year and the heat required to keep the

product liquefied renders the equipment

useless. The Coast Guard finds that

heavy oils are just as likely to overflow

from cargo tanks as lower viscosity oils,

regardless of the time of year. Vessel