Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 14327 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. Further, this action 

only adds compounds to Table 2A of the 

aerosol coatings rule, and makes several 

clarifying edits. 

List of Subjects in 40 CFR Part 59 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: March 1, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–5647 Filed 3–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 98 

[Docket No. USCG–2011–0088] 

RIN 1625–AB63 

Bulk Packaging To Allow for Transfer 

of Hazardous Liquid Cargoes 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its regulations concerning the 

transfer of hazardous materials to and 

from portable tanks on vessels. The 

Coast Guard proposes to expand the list 

of portable tanks approved for 

hazardous material transfers to include 

IMO Type 1 and IMO Type 2 portable 

tanks, UN portable tanks, and 

Intermediate Bulk Containers. In 

addition, the Coast Guard proposes to 

expand the list of allowed hazardous 

materials. The proposed amendments 

would provide greater flexibility in the 

selection and use of portable tanks and 

would allow for the transport of 

additional hazardous materials. The 

proposed effect would be to eliminate 

the need to obtain special permits or 

Competent Authority Approvals to use 

IMO Type 1 or IMO Type 2 portable 

tanks, UN portable tanks, or 

Intermediate Bulk Containers, or to 

transport hazardous materials not on the 

list. 

DATES: Comments and related material 

must be submitted on or before May 8, 

2012. Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before May 8, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0088 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Collection of Information Comments: 

If you have comments on the collection 

of information discussed in section VI.D 

of this NPRM, you must also send 

comments to the Office of Information 

and Regulatory Affairs (OIRA), Office of 

Management and Budget. To ensure that 

your comments to OIRA are received on 

time, the preferred methods are by email 

to oira_submission@omb.eop.gov 

(include the docket number and 

‘‘Attention: Desk Officer for Coast 

Guard, DHS’’ in the subject line of the 

email) or fax at 202–395–6566. An 

alternate, though slower, method is by 

U.S. mail to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street NW., Washington, DC 20503, 

Attn: Desk Officer, U.S. Coast Guard. 

Viewing incorporation by reference 

material: You may inspect the material 

proposed for incorporation by reference 

at U.S. Coast Guard Headquarters, 2100 

Second Street SW., Washington, DC 

20593–0001 between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is 202– 

372–1419. Copies of the material are 

available as indicated in the 

‘‘Incorporation by Reference’’ section of 

this preamble. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Lieutenant Elizabeth 

Newton, Office of Hazardous Material 

Standards, Coast Guard; telephone 202– 

372–1419, email 

Elizabeth.J.Newton@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

IV. Discussion of Proposed Rule 

A. Subpart 98.30—Portable Tanks and 

Intermediate Bulk Containers 

B. Subpart 98.33—Portable Tanks and IBCs 

for Certain Grade E Combustible Liquids 

and Other Regulated Materials 

V. Incorporation by Reference 

VI. Regulatory Analyses 

A. Executive Order 12866 and Executive 

Order 13563 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
14328 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 

1See IMDG Code, 2010 Edition, Incorporating 

Amendment 35–10, Chapter 4.2, Section 4.2.0.1. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0088), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0088’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments 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 

comments by mail and would like to 

know that 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 and may change this proposed 

rule based on your comments. 

B. Viewing Comments and Documents 

To view comments as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box type ‘‘USCG–2011– 

0088’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. If you do not have access to the 

Internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting 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. 

II. Abbreviations 

AAHMS Associate Administrator for 

Hazardous Materials Safety 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

DOT Department of Transportation 

FR Federal Register 

HMR Hazardous Materials Regulations; 49 

CFR Parts 171–180 

IBC Intermediate Bulk Container 

IM Intermodal 

IMDG International Maritime Dangerous 

Goods (code) 

IMO International Maritime Organization 

MPT Marine Portable Tank 

NLS Noxious Liquid Substance 

N.O.S. Not otherwise specified 

OSV Offshore supply vessel 

PHMSA Pipeline and Hazardous Materials 

Safety Administration 

§ Section symbol 

UN United Nations 

U.S.C. United States Code 

III. Background 

The Coast Guard proposes to amend 

46 CFR subparts 98.30 and 98.33, which 

contain regulations concerning the 

transfer of hazardous materials to and 

from portable tanks on vessels. Portable 

tanks are primarily used by offshore 

supply vessels (OSVs) to transport 

hazardous materials to and from 

offshore platforms involved in the 

exploration and production of oil and 

natural gas. 

In a 1990 rulemaking titled ‘‘Portable 

Tanks for the Transportation of Bulk 

Hazardous Materials by Vessel’’ (55 FR 

37406), the Coast Guard allowed the use 

of Intermodal (IM) 101 and IM 102 

portable tanks for the transfer of 

hazardous materials. The specifications 

for these tanks can be found in the 

Department of Transportation’s (DOT) 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA) regulations at 

49 CFR parts 171–180, referred to as the 

Hazardous Materials Regulations 

(HMR). 

Since the Coast Guard’s 1990 

rulemaking, PHMSA has aligned its 

HMR regulations to incorporate changes 

made to the International Maritime 

Organization’s (IMO) International 

Maritime Dangerous Goods Code 1

(IMDG Code) for the construction and 

use of portable tanks. The IMDG Code 

applies to all vessels, including U.S. 

vessels, on international voyages. The 

portable tanks constructed to IMDG 

Code requirements are known as ‘‘UN 

portable tanks,’’ and include IMO Type 

1 and IMO Type 2 portable tanks. As of 

January 1, 2003, the IMDG Code 

requires all newly manufactured 

portable tanks to be designed, 

constructed, and approved in 

conformance with the requirements of 

UN portable tanks. 

Portable tank manufacturers reacting 

to the harmonization of PHMSA’s HMR 

regulations with the IMDG Code, which 

includes the requirement that all 

portable tanks be UN portable tanks, are 

no longer manufacturing IM 101 and IM 

102 portable tanks. As a result, we are 

initiating this rulemaking to harmonize 

Coast Guard regulations at 46 CFR 

subparts 98.30 and 98.33 with PHMSA’s 

HMR regulations and international 

standards for vessels operating 

domestically by allowing UN portable 

tanks to be used in transporting 

hazardous materials. 

We are also initiating this rulemaking 

in response to a suggestion from 

industry that the Coast Guard allow 

Intermediate Bulk Containers (IBCs) to 

be used to transport hazardous 

materials. The Coast Guard is proposing 

to amend the applicability sections in 

46 CFR subparts 98.30 and 98.33 to 

allow the use of IBCs in transporting 

hazardous materials on board vessels, 

but with specific restrictions as to what 

types of IBCs could be used to ensure 

safety. 

The Coast Guard would allow existing 

IM 101 and IM 102 portable tanks at 46 

CFR subparts 98.30 and 98.33 to 

continue to be used for the lifetime of 

the tank provided that they continue to 

meet periodic test and inspection 

requirements. By allowing the use of 

IMO Type 1 and IMO Type 2 portable 

tanks, UN portable tanks, and IBCs, we 

are eliminating the need for vessel 

owners to apply to PHMSA’s Associate 

Administrator for Hazardous Materials 

Safety (AAHMS) for a special permit or 

a Competent Authority Approval to use 

these tanks. 

The intended effect of these proposed 

changes would provide industry with 

additional options for the selection of 

portable tanks or IBCs that could be 


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used for transfers of hazardous materials 

between cargo tanks and portable tanks. 

In this rulemaking, the Coast Guard is 

also proposing to amend the list of 

hazardous materials currently approved 

for transport in portable tanks in 46 CFR 

subpart 98–30. Currently, shippers 

wishing to transport a product not on 

this list must apply to PHMSA’s 

AAHMS for a special permit or 

Competent Authority Approval. By 

expanding the list of authorized 

hazardous materials, the Coast Guard 

would eliminate the need for prior 

individual authorization before these 

additional hazardous materials could be 

transported in a portable tank or IBC. 

IV. Discussion of Proposed Rule 

The Coast Guard proposes to amend 

the titles of subparts 98.30 and 98.33 to 

include IBCs and read ‘‘Subpart 98.30— 

Portable Tanks and Intermediate Bulk 

Containers’’ and ‘‘Subpart 98.33— 

Portable Tanks and Intermediate Bulk 

Containers for Certain Grade E 

Combustible Liquids and Other 

Regulated Materials.’’ 

The Coast Guard also proposes to 

make conforming changes throughout 

subparts 98.30 and 98.33 to include 

IBCs in each instance that the current 

regulations mention portable tanks. See 

proposed amended §§ 98.30–9, 98.30– 

10, 98.30–11, 98.30–12, 98.30–14, 

98.30–17, 98.30–19, 98.30–21, 98.30–23, 

98.30–25, 98.30–29, 98.30–31, 98.30–33, 

98.30–35, 98.33–3, 98.33–7, 98.33–9, 

98.33–11, 98.33–13, and 98.33–15. 

A. Subpart 98.30—Portable Tanks and 

Intermediate Bulk Containers 

The Coast Guard proposes to 

redesignate current sections in subpart 

98.30 to make room for new proposed 

sections, as noted in the chart below. 

Original section heading and number Redesignated section heading and number 

Section 98.30–2: Definitions ..................................................................... Section 98.30–3: Definitions. 

Section 98.30–3: Vessels carrying MPTs ................................................ Section 98.30–4: Vessels carrying MPTs. 

Section 98.30–4: Vessels carrying portable tanks other than MPTs ....... Section 98.30–5: Vessels carrying portable tanks other than MPTs. 

Section 98.30–5: Materials authorized for transfer to and from a portable tank.Section 98.30–7: Materials authorized for transfer to and from a portable tank. 

Section 98.30–6: Lifting a portable tank .................................................. Section 98.30–9: Lifting a portable tank or IBC. 

Section 98.30–7: Smoking ....................................................................... Section 98.30–10: Smoking. 

Section 98.30–8: Gaskets and lining ....................................................... Section 98.30–11: Gaskets and lining.

Section 98.30–9: Stowage of portable tanks ........................................... Section 98.30–12: Stowage of portable tanks and IBCs. 

Section 98.30–10: Pipe connections, and filling and discharge openings Section 98.30–13: Pipe connections, and filling and discharge openings. 

Section 98.30–11: Cargo pumps .............................................................. Section 98.30–14: Cargo pumps. 

Section 98.30–13: Ground connection ..................................................... Section 98.30–15: Ground connection. 

Section 98.30–14: Requirements for ships carrying NLSs in portable 

tanks.

Section 98.30–16: Requirements for ships carrying NLSs in portable 

tanks and IBCs. 

Section 98.30–15: Leakage containment ................................................. Section 98.30–17: Leakage containment. 

Section 98.30–17: Qualifications of person in charge ............................. Section 98.30–18: Qualifications of person in charge. 

Sec. 98.30–1: Applicability 

This section would be amended to 

allow the use of IMO Type 1 and IMO 

Type 2 portable tanks, UN portable 

tanks, and IBCs for use in transferring 

hazardous materials on board vessels. 

This section would also be amended to 

delete reference to ‘‘liquid’’ from the 

term ‘‘hazardous materials’’ to be 

consistent with how the term is used 

elsewhere in subpart 98.30. 

In addition, this section would be 

amended to eliminate the restriction of 

transporting ‘‘liquefied gas’’ in a 

portable tank because the Coast Guard 

proposes in 49 CFR 98.30–7 to allow the 

transport of ‘‘liquid nitrogen.’’ 

This section would also be amended 

to update the reference for PHMSA, 

which was formerly known as the 

Research and Special Programs 

Administration, and to clarify that these 

rules would be applicable to portable 

tanks authorized for use under a special 

permit or Competent Authority 

Approval issued by PHMSA’s AAHMS 

in accordance with 49 CFR part 107, 

subpart H. 

Sec. 98.30–2: Incorporation by 

Reference 

This new section would be added to 

incorporate by reference the IMDG 

Code. The material proposed for 

incorporation by reference appears in 46 

CFR 98.30–3 and 98.30–5. The IMDG 

Code identifies the characteristics of the 

newly approved UN portable tanks and 

allows for the older tanks approved 

prior to January 1, 2003, to continue to 

be used provided that they are found to 

meet the periodic inspections and test 

provisions. The harmonization of the 

Coast Guard regulations with the IMDG 

Code would ensure that U.S.-flagged 

vessels continue to be in compliance, if 

and when older tanks do not pass 

periodic inspections and test provisions 

and need to be replaced with the newly 

approved UN portable tanks. 

Sec. 98.30–3: Definitions 

Proposed redesignated § 98.30–3 

would be amended to add three new 

terms to define the types of tanks that 

can be used in accordance with 46 CFR 

98.30–1. These definitions are ‘‘IMO 

Type 1 portable tank and IMO Type 2 

portable tank,’’ ‘‘UN portable tank,’’ and 

‘‘IBC’’. Also, the definition of ‘‘IM 101 

portable tank and IM 102 portable tank’’ 

would be revised to describe tanks that 

were manufactured on or before January 

1, 2003. As discussed above, IM 101 and 

IM 102 portable tanks are no longer 

constructed. However, IM 101 and IM 

102 portable tanks that were 

manufactured and approved by PHMSA 

before January 1, 2003, may continue to 

be used for the lifetime of the tank. 

These tanks provide a level of safety 

equivalent to other portable tanks and 

are safe to use as long as they meet the 

requirements for continued use under 

the HMR at 49 CFR 173.32. 

Sec. 98.30–5: Vessels Carrying Portable 

Tanks Other Than MPTs 

This section would be amended to 

allow the carriage of IMO Type 1 and 

IMO Type 2 portable tanks and UN 

portable tanks on board a vessel for use 

in the transfer of certain hazardous 

materials. Hazardous materials are 

authorized, in accordance with 49 CFR 

173.32, to be transferred to a portable 

tank only if the portable tank is 

authorized to carry the hazardous 

material in accordance with the HMR or 

under the terms of a special permit or 

Competent Authority Approval issued 

by PHMSA’s AAHMS. 


sroberts on DSK5SPTVN1PROD with PROPOSALS
14330 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 

Existing IM 101 and IM 102 portable 

tanks provide a level of safety 

equivalent to other portable tanks 

authorized for the transfer of hazardous 

materials and can be used, provided 

these tanks meet certain periodic test 

and inspection requirements in 

accordance with the HMR at 49 CFR 

part 180, subpart G. 

Sec. 98.30–6: Vessels Carrying IBCs 

This section would be added to 

describe the types of IBCs the Coast 

Guard would allow for the carriage of 

certain hazardous materials on board a 

vessel, and to make clear the 

requirements the IBCs would have to 

meet to gain approval from the Coast 

Guard. We would allow the use of an 

IBC only if the IBC is equivalent to, or 

greater in standards than, an authorized 

IMO Type 1 or IMO Type 2 portable 

tank, or a UN portable tank. 

Sec. 98.30–7: Materials Authorized for 

Transfer To and From a Portable Tank 

This section would be amended to 

replace the term ‘‘ORM–E’’ with the 

terms ‘‘hazardous substance’’ and 

‘‘hazardous waste’’ as described in 49 

CFR 171.8. The term ‘‘ORM–E’’ is 

outdated and is no longer used by 

PHMSA. 

This section would be amended to 

allow the use of IMO Type 1 and IMO 

Type 2 portable tanks and UN portable 

tanks for the transfer of materials 

permitted under this section, and to 

clarify that a portable tank authorized in 

this section can serve as a substitute for 

another portable tank that meets the 

requirements of the HMR at 49 CFR 

173.32(b), and vice-versa. We propose 

making this change to align our 

regulations with the HMR, which allows 

for substitutions of portable tanks. 

This section would also be amended 

to update the citation to Table ‘‘Certain 

Hazardous Materials Authorized for 

Transfer To and From Portable Tanks’’ 

to reflect the redesignation of this 

section from § 98.30–5 to § 98.30–7. 

This section would also be amended to 

expand the list of hazardous materials 

that are eligible for transfer to and from 

portable tanks because these materials 

have been previously authorized for 

such transfers by the Coast Guard on an 

individual basis in accordance with 

proposed redesignated § 98.30–7(a)(5). 

We propose to add the following 

hazardous materials to Table 98.30–7(a): 

(1) Liquid Nitrogen, (2) Mixtures of 

hydrochloric acid and hydrofluoric acid 

containing not more than 24% 

hydrochloric acid or 6% hydrofluoric 

acid, and (3) corrosive liquid, toxic, 

N.O.S. (mixtures of hydrochloric acid, 

hydrofluoric acid, and fluoboric acid), 

UN 2922, packing group II, containing 

not more than 11% hydrofluoric acid. 

We are adding these materials because 

we believe these materials are safe to 

transport within the guidelines set by 46 

CFR subpart 98.30 based on previous 

written authorizations of approval for 

these materials. 

Sec. 98.30–8: Materials Authorized for 

Transfer to and From an IBC 

The addition of this section would be 

used to identify materials that are 

authorized for transfer to and from an 

IBC. We propose to allow the use of 

hazardous materials listed in Table 

98.30–7(a) for transfer to and from an 

IBC with the exception of Liquid 

Nitrogen. Liquid Nitrogen cannot be 

properly stored or monitored in an IBC 

because of its design characteristics; 

therefore, we deem it unsafe to transport 

Liquid Nitrogen on an IBC. 

Sec. 98.30–12: Stowage of Portable 

Tanks and IBCs 

This section would be amended to 

clarify that IBCs must be secured in 

accordance with the HMR at 49 CFR 

176.74. 

Sec. 98.30–13: Pipe Connections, and 

Filling and Discharge Openings 

This section would be amended to 

take into account the addition of IMO 

Type 1 and IMO Type 2 portable tanks, 

UN portable tanks, and IBCs as specified 

in 49 CFR 178.705. This section is also 

amended to restrict the use of 

manifolds, which are chambers or 

systems of pipes having several outlets 

in which a liquid or gas can be gathered 

or from which a liquid or gas can be 

distributed. Manifolds would be 

prohibited because the use of a manifold 

is a manual operation and the 

emergency shutoff during the transfer to 

and from a portable tank or IBC should 

be automatic. This would minimize the 

loss of hazardous materials in the event 

of an emergency, thereby reducing risk 

to health and environment. 

Sec. 98.30–16: Requirements for Ships 

Carrying NLSs in Portable Tanks and 

IBCs 

This section would be amended to 

clarify that IBCs used to transport 

noxious liquid substances (NLS) must 

meet the requirements set forth in 46 

CFR 125.120. 

B. Subpart 98.33—Portable Tanks and 

IBCs for Certain Grade E Combustible 

Liquids and Other Regulated Materials 

Sec. 98.33–1: Applicability 

This section would be amended to 

clarify that the Coast Guard would allow 

the transfer of certain low-hazard 

materials to and from DOT-specification 

57 portable tanks constructed on or 

before October 1, 1996 or UN portable 

tanks. In addition, this section would be 

amended to update regulations now 

found at 49 CFR 173.32 in the HMR that 

pertain to the requirements for the use 

of portable tanks. This section would 

also be amended to add a citation 

reference to our regulations at 46 CFR 

98.30–3(d), which pertain to the 

requirements for UN portable tanks. 

This section would also be amended 

to allow the transfer of certain lowhazard materials to and from limited 

IBCs as described in 46 CFR 98.30–6. 

Sec. 98.33–5: Portable Tanks and IBCs 

Authorized 

Paragraph (b) is proposed to specify 

that for cargoes authorized in 46 CFR 

98.33–3 to be transferred to and from 

IBCs, the IBCs must first meet the tank 

specifications outlined in 46 CFR 98.30– 

5. 

V. Incorporation by Reference 

Material proposed for incorporation 

by reference appears in § 98.30–2. You 

may inspect this material at U.S. Coast 

Guard Headquarters where indicated 

under ADDRESSES. Copies of the material 

are available from the sources listed in 

§ 98.30–2. 

Before publishing a binding rule, we 

would submit this material to the 

Director of the Federal Register for 

approval of the incorporation by 

reference. 

VI. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 14 of these statutes or 

executive orders. 

A. Executive Order 12866 and Executive 

Order 13563 

Executive Orders 12866 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This NPRM 

has not been designated a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 


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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 14331 

2U.S. Department of Transportation: Inspection 

and Testing of Portable Tanks and Intermediate 

Bulk Containers (OMB: 2137–0018). 

3Of the 1,334 OSVs in the affected population, 

MISLE reports ownership of 1,125, leaving 209 

vessels with unidentified ownership (1,334–1,125). 

The MISLE data for the 1,125 vessels with 

ownership data shows that the average fleet size is 

3.3 vessels per company. Applying that average 

fleet size to the 209 vessels without ownership data 

yields 63 companies (209/3.3). The estimated 

company population is 402 companies (339 

identified + 63 imputed). 

the NPRM has not been reviewed by the 

Office of Management and Budget. A 

draft regulatory assessment follows: 

This proposed rule would expand the 

list of portable tanks approved for 

hazardous material transfers to include 

UN portable tanks, including IMO Type 

1 and IMO Type 2 portable tanks, and 

IBCs. It would also expand the list of 

allowed hazardous materials. Please 

reference Table IV.A.1 below for a 

summary of our analysis. 

TABLE IV.A.1—SUMMARY OF AFFECTED POPULATION, COST SAVINGS, AND BENEFITS

Category Estimate 

Affected Population .................................................................................. 402 owners and operators of 1,334 OSVs. 

Cost Savings (7% discount over 10-year period) .................................... $55,467. 

• Efficiency gains to industry by increasing the number of pre-approved types of portable tanks and expanding the list of pre-approved hazardous materials they can transport. 

Benefits ..................................................................................................... • Reduces regulatory burden to industry and government by reducing 

the number of special permits or Competent Authority Approvals to 

be processed and harmonizing the Coast Guard regulations with 

PHMSA’s HMR regulations. 

Note: There are only cost savings associated with this rulemaking. 

Affected Population 

The total number of affected vessels is 

the 1,334 U.S.-flagged OSVs subject to 

46 CFR subchapters I, L, or T. Table 

IV.A.2 presents the count of OSVs by 

subchapter. 

TABLE IV.A.2—AFFECTED OSVS BY SUBCHAPTER

Subchapter 

code Subchapter description Count 

I ................... Cargo and Miscellaneous Vessels ............................................................................................................................. 532 

L .................. Offshore Supply Vessels ........................................................................................................................................... 529 

T .................. Small Passenger Vessels (Under 100 Gross Tons) .................................................................................................. 273 

Total ..... .................................................................................................................................................................................... 1,334 

We estimate that there are 

approximately 86,100 2 portable tanks 

and IBCs in the United States available 

for use by all modes of transportation, 

based on information from the 

Department of Transportation (DOT), 

Information Collection Request (ICR) 

(OMB Control No. 2137–0018), 

Inspection and Testing of Portable 

Tanks and Intermediate Bulk 

Containers. This ICR also reports that 

there are approximately 8,770 entities 

that handle these 86,100 portable tanks 

at an average of 9.8 tanks per entity 

(86,100 tanks/8,770 reporting entities). 

Within the maritime mode, portable 

tanks and IBCs are used by OSVs to 

transport hazardous materials to and 

from offshore platforms involved in the 

exploration and production of oil and 

natural gas. We estimate that the 1,334 

OSVs are owned by 402 companies.3

Our estimates are based on the 

number of portable tanks provided in 

the aforementioned ICRs. For special 

permits, the applicant only specifies the 

mode, or multiple modes, of 

transportation, such as motor vehicle, 

rail, or cargo vessel, that will be 

authorized by the permit. For maritimerelated permits, detail data of the 

industry, vessel type, or vessel level is 

not submitted. Therefore, we apply the 

cross-industry average of 9.8 tanks per 

entity, as described above, to estimate 

the total number of portable tanks 

subject to this rulemaking. With those 

inputs, we estimate that approximately 

15 percent of all the affected portable 

tanks are used by OSV owners and 

operators ((1,334 OSVs * 9.8 tanks per 

OSV)/86,100). 

We request comments specifically on 

the accuracy of our estimate as well as 

additional information that could 

improve the estimated number of 9.8 

tanks per OSV. 

Current Industry Practice 

The current Coast Guard-approved 

portable tanks are Intermodal (IM) 101s 

and 102s. As discussed in the 

Background section in this NPRM, 

portable tank manufacturers, reacting to 

the harmonization of PHMSA’s HMR 

regulations with international standards 

established in 2003, are no longer 

manufacturing IM 101 and IM 102 

portable tanks. However, IM 101 and IM 

102 portable tanks that were 

manufactured and approved by PHMSA 

before January 1, 2003, may continue to 

be used in transportation. Under 49 CFR 

part 180, subpart G, the IM 101 and IM 

102 portable tanks must be inspected 

every 2c years and the results of the 

inspection must be recorded on a tag 

attached to each tank. Portable tanks 

that fail inspection must either be 

repaired and pass a second inspection 

or be removed from service. Over time, 

the supply of approved IM 101 and IM 

102 portable tanks will diminish as the 

current stock either fails inspection or is 

withdrawn from service because of loss 

or damage. Owners of these tanks, who 

want to maintain their level of activity 

in the market, will need to replace their 

old tanks with IMO Type 1 or IMO Type 

2 portable tanks, UN portable tanks, or 

IBCs, as IM 101 and IM 102 tanks will 

no longer be available on the market. 


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4U.S. Department of Transportation: Inspection 

and Testing of Portable Tanks and Intermediate 

Bulk Containers (OMB: 2137–0018). 

5U.S. Department of Transportation: Rulemaking, 

Special Permits and Preemption Requirements 

(OMB Control No. 2137–0051). 

Under the current Coast Guard 

regulations, owners wishing to replace a 

lost IM 101 or IM 102 portable tank with 

an IMO Type 1 or IMO Type 2 portable 

tank, a UN portable tank, or an IBC must 

apply to PHMSA’s AAHMS for a special 

permit or Competent Authority 

Approval. 

Cost Savings 

The Coast Guard analyzed the 

economic impact of the proposed rule in 

these three areas: (1) Expansion of the 

list of allowed portable tanks, (2) 

expansion of the list of allowed 

hazardous materials, and (3) inspection 

and tagging. The Coast Guard concluded 

that the proposed rule would impose no 

additional costs and would produce cost 

savings. In the sections below we 

present our analysis of these areas and 

a summary of the analysis. 

(1) Expansion of the List of Allowed 

Portable Tanks 

As presented earlier, in the absence of 

the proposed rule, as IM 101 and IM 102 

portable tanks are phased out, vessel 

owners or operators would need to 

obtain special permits or a Competent 

Authority Approval in order to replace 

them with IMO Type 1 or IMO Type 2 

portable tanks, UN portable tanks, or 

IBCs. 

The DOT’s ICR for Inspection and 

Testing of Portable Tanks and 

Intermediate Bulk Containers (OMB 

Control Number: 2137–0018) estimates 

that 300 tanks are manufactured each 

year that are on the list of portable tanks 

approved by DOT for transport. This 

proposed rule would approve the use of 

these tanks for transfer of hazardous 

materials to and from OSVs. Therefore, 

we use this figure as the basis for 

estimating the number of tanks that 

would require special permits or 

Competent Authority Approvals per 

year. Applying the 15 percent share of 

the population as calculated above, 

yields an estimate of 45 portable tanks 

and IBCs obtained annually by the OSV 

industry. As stated above, each OSV 

handles approximately 9.8 tanks. 

Applying this to the annual number of 

replacement tanks yields an average of 

5 special permit or Competent Authority 

Approval requests for unapproved 

portable tanks by OSV per year (45 

tanks/9.8 tanks per OSV). 

We used a 10-year forecast for our 

analysis. As the current rule has been in 

effect since 2003, we assume that we 

can project the annual estimate forward 

for the entire 10-year period. Our 

baseline then is 5 special permits or 

Competent Authority Approval per year 

for unapproved portable tanks for a total 

of 50 over the forecast period. 

In the absence of the proposed rule, 

OSV owners would need to apply to 

PHMSA’s AAHMS for a special permit 

or Competent Authority Approval to use 

an IMO Type 1 or IMO Type 2 portable 

tank, UN portable tank, or IBC to replace 

the lost IM 101 and IM 102 portable 

tanks. PHMSA estimates that the cost to 

industry to prepare the special permit or 

Competent Authority Approval is 

$1,010.4 By allowing this replacement 

by rulemaking, instead of by special 

permit or Competent Authority 

Approval, the proposed regulation 

would save industry $5,050 annually (5 

permits * $1,010 unit cost). Therefore, 

the 10-year cost savings related to the 

reduction of special permits or 

Competent Authority Approval is 

estimated at $50,500, undiscounted. 

(2) Expansion of the List of Allowed 

Hazardous Materials 

The list of hazardous materials 

currently approved for transport in 

portable tanks is found in existing 46 

CFR 98.30–5. Currently, vessels wishing 

to transport a material not on this list 

must apply to PHMSA’s AAHMS for a 

special permit or Competent Authority 

Approval. Under the proposed rule, the 

three groups of materials referenced in 

proposed redesignated 46 CFR 98.30–7 

would be added to the list of allowed 

materials. 

Based on information provided in the 

DOT ICR (OMB Control Number: 2137– 

0051) Rulemaking, Special Permits, and 

Preemption Requirements, there are 

approximately 144 special permit or 

Competent Authority Approval requests 

per year. OSV owners and operators 

account for approximately 4.6% of the 

entities owning portable tanks and IBCs 

(402/8,770). Therefore, the total number 

of special permit or Competent 

Authority Approval requests per year 

for unapproved hazardous materials is 

estimated at 7 (4.6 percent of 144 

requests). 

Based on the same ICR, the 

administrative costs to prepare a special 

permit or Competent Authority 

Approval request is estimated at 

$1,010.5 Special permits or Competent 

Authority Approvals need to be 

renewed every two to five years, 

depending on the hazardous material. 

For the purpose of this analysis, we 

assume special permits or Competent 

Authority Approvals would need to be 

renewed four times over the 10-year 

period, with renewals starting in years 

1, 4, 7, and 10. Therefore, vessels not 

needing to file the 7 special permits or 

Competent Authority Approvals would 

acquire total costs savings of $7,070 

($1,010 unit cost * 7 Approvals) four 

times over the 10-year period of analysis 

for a total of $28,280, undiscounted. 

(3) Inspection and Tagging 

The existing inspection and tagging 

regime is based on 21⁄2-year inspection 

cycles. The proposed rule would 

continue using that system for IMO 

Type 1 and IMO Type 2 portable tanks, 

UN portable tanks and IBCs. Thus, the 

proposed rule would not impose any 

additional regulatory burdens in the 

area of inspection and tagging. 

Summary of Cost Savings 

As discussed above, there are no 

additional costs for inspection and 

tagging. The other two areas we 

analyzed, expansion of the list of 

allowed portable tanks and expansion of 

the list of allowed hazardous materials, 

showed cost savings. 

Table IV.A.3 presents the 

undiscounted cost savings of these two 

areas over the 10-year forecast period. 

TABLE IV.A.3—SUMMARY OF UNDISCOUNTED COST SAVINGS

Special permit 

or competent 

authority 

approval 

Expansion of 

list of 

hazardous 

materials 

Total 

Year Savings Savings Savings 

1 ................................................................................................................................................... $5,050 $7,070 $12,120 

2 ................................................................................................................................................... 5,050 0 5,050 


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6Small business information can be accessed 

online at http://www.sba.gov/size/indextableofsize.

html. 

7U.S. Census Bureau information can be accessed 

online at http://factfinder.census.gov/servlet/

DatasetMainPageServlet?_program=ECN&_tabId=

ECN1&_submenuId=datasets_4&_lang=en&_ts=

246366688395. 

TABLE IV.A.3—SUMMARY OF UNDISCOUNTED COST SAVINGS—Continued 

Special permit 

or competent 

authority 

approval 

Expansion of 

list of 

hazardous 

materials 

Total 

Year Savings Savings Savings 

3 ................................................................................................................................................... 5,050 0 5,050 

4 ................................................................................................................................................... 5,050 7,070 12,120 

5 ................................................................................................................................................... 5,050 0 5,050 

6 ................................................................................................................................................... 5,050 0 5,050 

7 ................................................................................................................................................... 5,050 7,070 12,120 

8 ................................................................................................................................................... 5,050 0 5,050 

9 ................................................................................................................................................... 5,050 0 5,050 

10 ................................................................................................................................................. 5,050 7,070 12,120 

Total ...................................................................................................................................... 50,500 28,280 78,780 

Table IV.A.4 presents the costs 

savings schedule at discounted rates of 

7 percent and 3 percent. 

TABLE IV.A.4—SCHEDULE OF DISCOUNTED COST SAVINGS

Year Total savings 7% 3% 

1 ................................................................................................................................................... $12,120 $11,327 $11,767 

2 ................................................................................................................................................... 5,050 4,411 4,760 

3 ................................................................................................................................................... 5,050 4,122 4,621 

4 ................................................................................................................................................... 12,120 9,246 10,768 

5 ................................................................................................................................................... 5,050 3,601 4,356 

6 ................................................................................................................................................... 5,050 3,365 4,229 

7 ................................................................................................................................................... 12,120 7,548 9,855 

8 ................................................................................................................................................... 5,050 2,939 3,987 

9 ................................................................................................................................................... 5,050 2,747 3,870 

10 ................................................................................................................................................. 12,120 6,161 9,018 

Total ...................................................................................................................................... 78,780 55,467 67,231 

Annualized ............................................................................................................................ ........................ 7,897 7,882 

At a 7 percent discount rate, the net 

savings is $55,467 across the 10-year 

estimate period and $7,882 annualized. 

Benefits 

The proposed rule would provide 

greater flexibility to industry by 

increasing the number of approved 

types of portable tanks available for use 

and increasing the list of pre-approved 

hazardous materials they can transport. 

The elimination of the special permits 

or Competent Authority Approvals 

would provide efficiency gains to 

industry by reducing or removing the 

time associated with preparing a special 

permit or Competent Authority 

Approval request and waiting for its 

return prior to engaging in business 

activities. The removal of the time 

burden associated with administrative 

procedures for special permit or 

Competent Authority Approval 

applications would facilitate quicker 

interactions between vessel operators 

and the manufacturers and lessors of the 

approved portable tanks. Government 

would also benefit from the reduced 

number of special permits or Competent 

Authority Approvals to process. We also 

expect an increase in regulatory 

efficiency, as we are harmonizing our 

regulations with international 

standards. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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. 

Entities are categorized by the North 

American Industry Classification 

System (NAICS) codes.6 By using the 

United States Small Business 

Administration (SBA) criteria for small 

businesses, the associated NAICS codes, 

and the 2007 United States Economic 

Census data,7 we are able to provide an 

overview of the OSV industry. We 

reviewed the vessel ownership data 

used in the cost analyses and 

determined that all of the owners of the 

OSVs are businesses, that is, none are 

owned by not-for-profit organizations or 

governments. OSVs can be classified 

under ‘‘Navigational Services to 

Shipping’’ (488330) and ‘‘Natural gas 

liquid extraction’’ (211112) industries. 

These industries engage in a wide range 

of navigational shipping services 

including cargo salvaging and oil 


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8NAICS definitions can be accessed online at 

http://www.census.gov/econ/industry/def/d488330.

htm and http://www.census.gov/econ/industry/def/ 

d211112.htm, respectively. 

9 85% of these entities meet the $7 million in 

annual revenue SBA size standard. 

recovery.8 According to the 

aforementioned U.S. Census Bureau 

data, approximately 85 percent of 

entities classified as ‘‘Navigational 

Services to Shipping’’ are considered 

small.9 One hundred percent of entities 

classified as ‘‘Natural gas liquid 

extraction’’ are considered small, as 

there are no entities exceeding the 500 

employee SBA size standard. 

The Coast Guard expects that this 

proposed rule would not have a 

significant economic impact on small 

entities. Furthermore, as described in 

the ‘‘Executive Order 12866 and 

Executive Order 13563’’ section, we do 

not expect this proposed rule to result 

in additional costs to industry. This 

proposed rule would reduce regulatory 

burdens by eliminating the need for 

special permits or Competent Authority 

Approvals for the specified portable 

tanks and hazardous materials and thus 

generate an annual net savings to the 

industry. 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 proposed 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. 

C. 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 proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

LT Elizabeth Newton, Office of 

Hazardous Material Standards, Coast 

Guard; telephone 202–372–1419, email 

Elizabeth.J.Newton@uscg.mil. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

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). 

D. Collection of Information 

This proposed rule would call for a 

modification to an existing collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). It would modify existing Office of 

Management and Budget (OMB) 

Collection of Information: OMB Control 

Number 2137–0051, ‘‘Rulemaking, 

Special Permits, and Preemption 

Requirements.’’ 

As defined in 5 CFR 1320.3(c), 

‘‘collection of information’’ comprises 

reporting, recordkeeping, monitoring, 

posting, labeling, and other similar 

actions. The title and description of the 

information collection, a description of 

those who must collect the information, 

and an estimate of the change in annual 

burden follow. The estimate covers the 

time for preparing or renewing special 

permit or Competency Authority 

Approval requests for carrying 

hazardous materials. 

Title: Rulemaking, Special Permits, 

and Preemption Requirements. 

OMB Control Number: 2137–0051. 

This collection of information applies 

to rulemaking procedures regarding 

PHMSA’s HMR regulations. Specific 

areas covered in this information 

collection include 49 CFR Part 105, 

Subpart A and Subpart B, ‘‘Hazardous 

Materials Program Definitions and 

General Procedures;’’ 49 CFR part 106, 

Subpart B, ‘‘Participating in the 

Rulemaking Process;’’ 49 CFR part 107, 

Subpart C, ‘‘Preemption;’’ and 49 CFR 

Part 107, Subpart H, ‘‘Approvals, 

Registrations and Submissions.’’ The 

proposed rule would expand the types 

of allowed portable tanks and expand 

the list of allowed hazardous materials 

permitted in those tanks. Under current 

regulations, the use of these tanks or the 

transfer of the hazardous materials 

specified in the proposed rule would 

require a special permit or Competent 

Authority Approval from PHMSA’s 

AAHMS. If the proposed rule becomes 

effective, these special permits or 

Competent Authority Approvals would 

no longer be needed. Eliminating these 

special permits or Competency 

Authority Approvals would reduce the 

burden associated with the OMB 

Control Number 2137–0051 by reducing 

the number of respondents, responses, 

and burden hours associated with 

special permit or Competency Authority 

Approval requests. We contacted DOT 

regarding this collection of information. 

They validated our methodology and 

concurred that this proposed 

rulemaking would impact the 

referenced ICR. However, they will 

defer any adjustments to the ICR until 

the final rule is published. 

Summary of Collection of 

Information: The proposed rule would 

impact the burden associated with 49 

CFR part 107, Subpart H, ‘‘Approvals, 

Registrations and Submissions.’’ The 

proposed rule would eliminate the need 

for special permit or Competent 

Authority Approval applications and 

therefore reduce the burden associated 

with that part of the collection. As 

previously stated, we contacted DOT 

regarding this collection of information. 

Need for Information: Special permit 

or Competent Authority Approval 

procedures provide the information 

required for analytical purposes to 

determine if the requested relief 

provides for a comparable level of safety 

as provided by PHMSA’s HMR 

regulations. 

Proposed Use of Information: The 

information collected under this ICR is 

used in the review process by PHMSA 

in determining the merits of the 

petitions for rulemakings and for 

reconsideration of rulemakings, as well 

as applications for special permits or 

Competent Authority Approvals, 

preemption determinations and waivers 

of preemption determinations. This 

rulemaking would affect special permit 

or Competent Authority Approval 

requests, which PHMSA’s AAHMS 

would need to determine the merits and 

use of the unallowed tanks. 

Description of Respondents: The 

respondents impacted by this proposed 

rule are owners and operators of OSVs 

requesting the use of unauthorized 

portable tanks as well as owners and 

operators of OSVs requesting approval 

to transport unauthorized hazardous 

material. 

Number of Respondents: The number 

of respondents affected by this ICR is 

8,770. The number of respondents 

impacted by this proposed rule would 

be 402 owners and operators of OSVs. 

Frequency of Response: Without the 

proposed rule, we estimate each 

respondent would have to provide a 

response every 2–5 years or one 

response per ICR renewal cycle. 

Burden of Response: The savings in 

burden hours per request is estimated at 


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5.5 hours (five-hour special permit or 

Competent Authority Approval requests 

+ 0.5-hour recordkeeping). 

Estimated Total Annual Burden: 

Currently, the ICR annual hour burden 

is 4,219, of which 792 hours are the 

result of 144 special permit or 

Competent Authority Approval requests 

per year. As IM 101 and IM 102 portable 

tanks phase out, we expect an 

additional 5 special permits or 

Competent Authority Approvals per 

year over the three year ICR renewal 

period. This would add 27.5 future 

burden hours per year to the current 

4,219 approved hourly estimate. As this 

proposed rule would eliminate the need 

for these special permit or Competent 

Authority Approval requests, it would 

eliminate the future burden by 27.5 

hours per year. We estimate that 

expanding the list of hazardous 

materials approved for transfer to and 

from the specified portable tanks and 

IBCs would eliminate the filing of 7 

special permits or Competent Authority 

Approvals per 3-year ICR renewal cycle. 

At 5.5 hours per special permit or 

Competent Authority Approval, this 

would be an additional reduction of 

38.5 hours of regulatory burden per 3- 

year period. We are communicating 

with DOT regarding current estimates of 

special permit or Competent Authority 

Approval requests and the associated 

burden hours. 

Reason for Proposed Change: The 

proposed rule would eliminate the need 

for special permit or Competent 

Authority Approval requests for 

unauthorized portable tanks and IBCs as 

well as the unauthorized transport of 

hazardous materials. 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)), we will submit a copy of this 

proposed rule to the OMB for its review 

of the collection of information. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

F. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

G. Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

H. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

I. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

K. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866, as 

supplemented by Executive Order 

13563, and is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

Administrator of the Office of 

Information and Regulatory Affairs has 

not designated it as a significant energy 

action. Therefore, it does not require a 

Statement of Energy Effects under 

Executive Order 13211. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule uses the following 

voluntary consensus standard: 

International Maritime Dangerous 

Goods Code (IMDG) 2010 Edition, 

Amendment 35–10, Section: 4.2.0.1. 

The proposed sections that reference 

this standard and the locations of this 

standard are listed in proposed 46 CFR 

98.30–2. 

If you disagree with our use of the 

voluntary consensus standard listed 

above or are aware of voluntary 

consensus standards that might apply 

but are not listed, please send a 

comment to the docket using one of the 

methods under ADDRESSES. In your 

comment, please explain why you 

disagree with our use of this standard 

and/or identify voluntary consensus 

standards the Coast Guard has not listed 

that might apply. 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. This action falls under 

section 2.B.2, figure 2–1, paragraph 

(34)(d) and (e) of the Instruction and 

under section 6(a) of the ‘‘Appendix to 

National Environmental Policy Act: 

Coast Guard Procedures for Categorical 

Exclusions, Notice of Final Agency 

Policy’’ (67 FR 48243, July 23, 2002). 


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14336 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 

This proposed rule involves regulations 

concerning equipping of vessels, 

regulations concerning equipment 

approval and carriage requirements, and 

regulations concerning vessel operation 

safety standards. We seek any comments 

or information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 46 CFR Part 98 

Cargo vessels, Hazardous materials 

transportation, Incorporation by 

Reference, Marine safety, Reporting and 

recordkeeping requirements, Water 

pollution control. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 46 CFR part 98 as follows: 

PART 98—SPECIAL CONSTRUCTION, 

ARRANGEMENT, AND OTHER 

PROVISIONS FOR CERTAIN 

DANGEROUS CARGOES IN BULK 

1. The authority citation for part 98 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 

3307, 3703; 49 U.S.C. App. 1804; E.O. 12234, 

45 FR 58801, 3 CFR, 1980 Comp., p. 277; 

Department of Homeland Security Delegation 

No. 0170.1. 

Subpart 98.30—Portable Tanks and 

Intermediate Bulk Containers 

2. Revise the heading for subpart 

98.30 to read as set forth above. 

3. Amend § 98.30–1 as follows: 

a. In paragraph (a), after the words 

‘‘portable tanks’’, add the words ‘‘and 

Intermediate Bulk Containers (IBCs)’’; 

b. In paragraph (b) introductory text, 

after the words ‘‘portable tanks’’, add 

the words ‘‘and IBCs’’; 

c. In paragraph (b)(1), remove ‘‘;’’ and 

add, in its place, ‘‘.’’; 

d. Revise paragraphs (b)(2) and (3); 

and 

e. Add paragraph (b)(4). 

The revisions and addition read as 

follows: 

§ 98.30–1 Applicability. 

* * * * * 

(b) * * * 

(2) An IM 101, IM 102, IMO Type 1, 

IMO Type 2, or UN portable tank. 

(3) A portable tank authorized for 

hazardous materials by the Associate 

Administrator for Hazardous Materials 

Safety (AAHMS) of the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA), under a 

special permit or Competent Authority 

Approval issued in accordance with 49 

CFR part 107, subpart H. 

(4) An IBC, but restricted to those 

metal IBCs as described in § 98.30–5 of 

this subpart. 

§ 98.30–17 [Redesignated as § 98.30–18] 

4. Redesignate § 98.30–17 as § 98.30– 

18. 

§§ 98.30–13 through 98.30–15 

[Redesignated as §§ 98.30–15 through 

98.30–17] 

5. Redesignate §§ 98.30–13 through 

98.30–15 as §§ 98.30–15 through 98.30– 

17, respectively. 

§§ 98.30–6 through 98.30–11 

[Redesignated as §§ 98.30–9 through 98.30– 

14] 

6. Redesignate §§ 98.30–6 through 

98.30–11 as §§ 98.30–9 through 98.30– 

14, respectively. 

§ 98.30–5 [Redesignated as § 98.30–7] 

7. Redesignate § 98.30–5 as § 98.30–7. 

§§ 98.30–2 through 98.30–4 Redesignated 

as §§ 98.30–3 through 98.30–5] 

8. Redesignate §§ 98.30–2 through 

98.30–4 as §§ 98.30–3 through 98.30–5, 

respectively. 

9. Add new § 98.30–2 to read as 

follows: 

§ 98.30–2 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this subpart with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. To enforce any edition 

other than that specified in this section, 

the Coast Guard must publish notice of 

change in the Federal Register and the 

material must be available to the public. 

All approved material is available for 

inspection at the U.S. Coast Guard, 

Office of Design and Engineering 

Standards (CG–521), 2100 2nd St. SW., 

Stop 7126, Washington, DC 20593– 

7126, and is available from the sources 

listed below. It is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030 or 

go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(b) International Maritime 

Organization (IMO), 4 Albert 

Embankment, London SE1 7SR, United 

Kingdom, http://www.imo.org. 

(1) International Maritime Dangerous 

Goods (IMDG) Code, 2010 Edition 

Incorporating Amendment 35–10 

Section: 4.2.0.1, IBR approved for 

§§ 98.30–3 and 98.30–5. 

(2) [Reserved] 

10. Revise newly redesignated 

§ 98.30–3 to read as follows: 

§ 98.30–3 Definitions. 

(a) IM 101 portable tank and IM 102 

portable tank means a portable tank 

constructed and approved by PMSA and 

manufactured on or before January 1, 

2003, that meets the requirements for 

continued use under 49 CFR 173.32. 

(b) IMO Type 1 portable tank and IMO 

Type 2 portable tank means a portable 

tank constructed in accordance with 

Amendment 35–10 to the International 

Maritime Dangerous Goods (IMDG) 

Code (incorporated by reference, see 

§ 98.30–2) and approved on or before 

July 1, 2003, that meets the provisions 

for continued use under the IMDG Code. 

(c) MPT means a marine portable tank 

that was inspected and stamped by the 

Coast Guard on or before September 30, 

1992, and that meets the applicable 

requirements in this part and part 64 of 

this chapter. 

(d) UN portable tank means a portable 

tank constructed in accordance with 49 

CFR 178.274 and 178.275, and approved 

in accordance with 49 CFR 173.32 and 

178.273. 

(e) IBC means an intermediate bulk 

container as defined in 49 CFR 171.8. 

11. In newly redesignated § 98.30–5: 

a. Revise paragraphs (a)(1), (a)(2) 

introductory text, and (a)(2)(i); 

b. In paragraph (a)(2)(ii), remove the 

word ‘‘exemption’’ and add in its place 

the words ‘‘special permit’’; 

c. Revise paragraph (b); 

d. Redesignate paragraph (c) as 

paragraph (d) and revise it; and 

e. Add new paragraph (c). 

The revisions and addition read as 

follows: 

§ 98.30–5 Vessels carrying portable tanks 

other than MPTs. 

(a) * * * 

(1) An IM 101, IM 102, IMO Type 1, 

IMO Type 2, or UN portable tank 

authorized for its contents in 

accordance with 49 CFR 172.101, 

Hazardous Materials Table, Columns 7 

and 8C. 

(2) A portable tank authorized by 

PHMSA’s AAHMS under a special 

permit or Competent Authority 

Approval issued in accordance with 49 

CFR part 107, subpart H. 

(i) According to the terms of the 

special permit or Competent Authority 

Approval, equivalent to an IM 101, IM 

102, IMO Type 1, IMO Type 2, or UN 

portable tank. 

* * * * * 

(b) Each IM 101, IM 102, or UN 

portable tank must be tested and 

inspected in accordance with 49 CFR 

part 180, subpart G and follow 

specifications in accordance with 49 

CFR 178.275(c). 

(c) Each IMO Type 1 or IMO Type 2 

portable tank must be tested and 

inspected in accordance with 

Amendment 35–10 to the IMDG Code 


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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 14337 

(incorporated by reference, see § 98.30– 

2). 

(d) Each portable tank authorized 

under a special permit or Competent 

Authority Approval from PHMSA’s 

AAHMS must be inspected, tested, 

maintained, and used in accordance 

with the terms of that special permit or 

Competent Authority Approval. 

12. Add new § 98.30–6 to read as 

follows: 

§ 98.30–6 Vessels carrying IBCs. 

Intermediate Bulk Containers (IBCs) 

with a classification of 31A may be used 

on a vessel to which this part applies 

and must meet at a minimum the 

following constructional requirements: 

(a) The shell thickness must be a 

minimum 6.36 mm (0.25 inches) in 

reference steel. 

(b) There must be a self-closing relief 

valve set to open at no less than 5 psig. 

(c) Closures used on fill openings, in 

excess of 20 square inches, must be 

equipped with a device to prevent them 

from fully opening without first 

relieving internal pressure. 

(d) All venting requirements must be 

followed in accordance with 49 CFR 

178.345–10, Table 1. 

13. In newly redesignated § 98.30–7: 

a. In paragraph (a)(1), remove the 

words ‘‘or ‘‘ORM–E’’ ’’ and add in their 

place the words ‘‘ ‘‘hazardous 

substance’’, or ‘‘hazardous waste’’ ’’; 

b. Revise paragraph (a)(2)(iii); 

c. In paragraph (a)(3), after the words 

‘‘material listed in’’, add the words 

‘‘Table 98.30–7(a)—Certain Hazardous 

Materials Authorized For Transfer To 

and From Portable Tanks’’; 

d. Remove Table 98.30–5(a) and add 

Table 98.30–7(a) in its place; and 

e. Revise paragraphs (b), (e), and (f). 

The revisions and addition to read as 

follows: 

§ 98.30–7 Materials authorized for transfer 

to and from a portable tank. 

(a) * * * 

(2) * * * 

(iii) Is authorized for transport in an 

IM 101, IM 102, IMO Type 1, IMO Type 

2, or UN portable tank under subpart F 

of 49 CFR part 173; 

* * * * * 

TABLE 98.30–7(a)—CERTAIN HAZARDOUS MATERIALS AUTHORIZED

FOR TRANSFER TO AND FROM

PORTABLE TANKS

Acetone 

Alcohols; flash point of 80 °F (27 °C) or less 

by open-cup test 

Benzene 

Gasoline 

Liquid Nitrogen 

TABLE 98.30–7(a)—CERTAIN HAZARDOUS MATERIALS AUTHORIZED

FOR TRANSFER TO AND FROM

PORTABLE TANKS—Continued 

Mixtures of Hydrochloric acid and 

hydrofluoric acid containing not more than 

36 percent hydrochloric acid or 2 percent 

hydrofluoric acid 1

Methyl Ethyl Ketone 

Mixtures of hydrochloric acid and hydrofluoric 

acid containing not more than 24 percent 

hydrochloric acid or 6 percent hydrofluoric 

acid1

Toluene (Toluol) 

Corrosive liquid, toxic, N.O.S. (Mixtures of 

hydrochloric acid, hydrofluoric acid, and 

fluoboric acid), UN 2922, packing group II, 

containing not more than 11 percent 

hydrofluoric acid 1

Note:1Each MPT must be lined with rubber 

or with material equally acid-resistant and 

equally strong and durable. 

(b) Grade D and Grade E combustible 

liquids with a flashpoint of 100 °F 

(38 °C) or higher by closed cup test that 

are not listed by name in the Hazardous 

Materials Table of 49 CFR 172.101 may 

be transferred to and from an MPT, IM 

101, IM 102, IMO Type 1, IMO Type 2, 

or UN portable tank conforming to the 

T Code ‘‘T1’’ specified in 49 CFR 

172.102(c)(7)(i). 

* * * * * 

(e) Environmentally hazardous 

substances (see paragraph (a)(4) of this 

section) may be transferred only to and 

from an MPT, IM 101, IM 102, IMO 

Type 1, IMO Type 2, or UN portable 

tank. 

(f) A portable tank authorized for 

transfer of hazardous material in this 

section may be substituted by another 

portable tank in accordance with 49 

CFR 173.32(b). 

* * * * * 

14. Add new § 98.30–8 to read as 

follows: 

§ 98.30–8 Materials authorized for transfer 

to and from an IBC. 

Any hazardous material listed in 

Table 98.30–7(a) of § 98.30–7 of this 

subpart may be transferred to and from 

an IBC under this subpart, with the 

exception of Liquid Nitrogen. 

15. Revise newly redesignated 

§ 98.30–9 to read as follows: 

§ 98.30–9 Lifting a portable tank or IBC. 

No person may lift a portable tank 

and/or IBC with another portable tank 

and/or IBC. 

§ 98.30–10 [Amended] 

16. In newly redesignated § 98.30–10, 

after the words ‘‘portable tank’’, add the 

words ‘‘or IBC’’. 

17. In newly redesignated § 98.30–12: 

a. Revise the section heading; 

b. In paragraph (a), after the words 

‘‘portable tank’’, add the words ‘‘and/or 

IBC’’; 

c. In paragraph (b) introductory text, 

after the words ‘‘portable tank’’, add the 

words ‘‘and/or IBC’’; and 

d. Add paragraph (c). 

The revision and addition read as 

follows: 

§ 98.30–12 Stowage of portable tanks and 

IBCs. 

* * * * * 

(c) All IBCs must be secured as 

specified in 49 CFR 176.74. 

18. In newly redesignated § 98.30–13: 

a. Redesignate the introductory text, 

paragraph (a), and paragraph (b) as 

paragraphs (a) introductory text, (a)(1), 

and (a)(2), respectively; 

b. In newly redesignated paragraph (a) 

introductory text, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’; 

c. Revise redesignated paragraph 

(a)(1); and 

d. Add paragraphs (a)(3) and (b). 

The revision and additions read as 

follows: 

§ 98.30–13 Pipe connections, and filling 

and discharge openings. 

(a) * * * 

(1) For an IM 101, IM 102, IMO Type 

1, IMO Type 2, or UN portable tank, the 

closures specified in 49 CFR 178.275. 

* * * * * 

(3) For an IBC, the closures specified 

in 49 CFR 178.705. 

(b) A manifold cannot be used when 

transferring a hazardous material to or 

from a portable tank or IBC on board a 

vessel. 

§ 98.30–15 [Amended] 

19. In redesignated § 98.30–15(a), after 

the words ‘‘portable tank’’, add the 

words ‘‘or IBC’’. 

20. In newly redesignated § 98.30–16: 

a. Revise the section heading; 

b. In paragraph (a) introductory text, 

remove the word ‘‘shall’’ and add in its 

place the word ‘‘must’’; and 

c. Add paragraph (c). 

The revision and addition read as 

follows: 

§ 98.30–16 Requirements for ships 

carrying NLSs in portable tanks and IBCs. 

* * * * * 

(c) Any ship that carries NLSs in an 

IBC, as described in section 98.30–5 of 

this subpart, must meet all requirements 

in accordance with 46 CFR 125.120. 

§ 98.30–18 [Amended] 

21. In newly redesignated § 98.30–18: 

a. In paragraph (a) remove the word 

‘‘shall’’ and add, in its place, the word 

‘‘must’’, and after the words ‘‘portable 

tank’’, add the words ‘‘or IBC’’; and 


sroberts on DSK5SPTVN1PROD with PROPOSALS
14338 Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules 

b. In paragraph (b) introductory text, 

after the words ‘‘portable tank’’, add the 

words ‘‘or IBC’’, and remove the word 

‘‘shall’’, and add, in its place, the word 

‘‘must’’. 

§ 98.30–19 [Amended] 

22. In § 98.30–19, in paragraphs (b) 

and (c), after the words ‘‘portable tank’’, 

add the words ‘‘or IBC’’. 

§ 98.30–21 [Amended] 

23. In § 98.30–21, in the introductory 

text and paragraphs (b) and (c), after the 

words ‘‘portable tank’’, add the words 

‘‘or IBC’’. 

§ 98.30–23 [Amended] 

24. In § 98.30–23, in the introductory 

text, after the words ‘‘portable tank’’, 

add the words ‘‘or IBC’’. 

§ 98.30–25 [Amended] 

25. In § 98.30–25, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.30–27 [Amended] 

26. In § 98.30–27, in paragraph (a) 

introductory text, remove the word 

‘‘shall’’ and add, in its place, the word 

‘‘must’’. 

§ 98.30–29 [Amended] 

27. In § 98.30–29, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.30–31 [Amended] 

28. In § 98.30–31, in the introductory 

text, after the words ‘‘portable tank or’’, 

add the words ‘‘IBC or’’. 

§ 98.30–33 [Amended] 

29. In § 98.30–33, in paragraph (a) 

introductory text and paragraph (b), 

after the words ‘‘portable tank’’, add the 

words ‘‘or IBC’’. 

§ 98.30–35 [Amended] 

30. In § 98.30–35, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.30–37 [Amended] 

31. In § 98.30–37, in the introductory 

text, after the words ‘‘portable tank or’’, 

add the words ‘‘or IBC’’. 

Subpart 98.33—Portable Tanks and 

IBCs for Certain Grade E Combustible 

Liquids and Other Regulated Materials 

32. Revise the heading for subpart 

98.33 to read as set forth above. 

33. In § 98.33–1: 

a. Revise paragraph (b)(1) (including 

removal of the note); 

b. Amend paragraph (b)(2) by 

removing ‘‘; and’’ and adding in its 

place ‘‘.’’; and 

c. Add paragraph (b)(4). 

The revision and addition read as 

follows: 

§ 98.33–1 Applicability. 

* * * * * 

(b) * * * 

(1) A DOT-specification 57 portable 

tank constructed on or before October 1, 

1996, or a UN portable tank (see 49 CFR 

173.32 and § 98.30–3(d) of this part). 

* * * * * 

(4) An Intermediate Bulk Container 

(IBC), but restricted to those metal IBCs 

as described in § 98.30–5 of this subpart. 

§ 98.33–3 [Amended] 

34. In § 98.33–3, in the introductory 

text, after the words ‘‘portable tanks’’, 

add the words ‘‘or IBCs’’. 

35. In § 98.33–5: 

a. Revise the section heading; 

b. Redesignate the introductory text, 

paragraph (a), and paragraph (b) as 

paragraphs (a), (a)(1), and (a)(2), 

respectively; and 

c. Add new paragraph (b). 

The revision and addition read as 

follows: 

§ 98.33–5 Portable tanks and IBCs 

authorized. 

* * * * * 

(b) The cargoes authorized under 

§ 98.33–3 may be transferred to and 

from IBCs to which this subpart applies 

if the IBCs meet the requirements in 

§ 98.30–5 of this part. 

§ 98.33–7 [Amended] 

36. In § 98.33–7, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.33–9 [Amended] 

37. In § 98.33–9, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.33–11 [Amended] 

38. In § 98.33–11, in paragraphs (a) 

and (b), after the words ‘‘portable tank’’, 

add the words ‘‘or IBC’’. 

§ 98.33–13 [Amended] 

39. In § 98.33–13, after the words 

‘‘portable tank’’, add the words ‘‘or 

IBC’’. 

§ 98.33–15 [Amended] 

40. In § 98.33–15, in the introductory 

text, after the words ‘‘portable tank’’, 

add the words ‘‘or IBC’’. 

Dated: February 10, 2012. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards, U.S. Coast Guard. 

[FR Doc. 2012–5551 Filed 3–8–12; 8:45 am] 

BILLING CODE 9110–04–P 


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