[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Proposed Rules]
[Pages 21360-21381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7919]



[[Page 21359]]

Vol. 77

Monday,

No. 68

April 9, 2012

Part V





Department of Homeland Security





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Coast Guard





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33 CFR Parts 151, 155, 156 et al.

 46 CFR Part 197





MARPOL Annex I Amendments; Proposed Rule

Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Proposed 
Rules

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 151, 155, 156, and 157

46 CFR Part 197

[Docket No. USCG-2010-0194]
RIN 1625-AB57


MARPOL Annex I Amendments

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this notice of proposed rulemaking (NPRM), we are proposing 
to update our regulations to harmonize U.S. regulations with 
international conventions regarding oil pollution and safety of life at 
sea. The Coast Guard proposes to amend our regulations covering 
Navigation and Navigable Waters to align with recent amendments to 
Annex I of the International Convention for the Prevention of Pollution 
from Ships, 1973, as modified by the Protocol of 1978, which were 
adopted by the Marine Environment Protection Committee during its 52nd, 
54th, 56th, and 59th sessions. In addition, we are proposing to 
incorporate guidance from the Maritime Safety Committee, based on 
updates to the International Convention for the Safety of Life at Sea 
1974, into our regulations covering shipping. Finally, we are seeking 
public comment on an alternative to add a requirement that some new 
U.S. non-oceangoing vessels be equipped with an oily bilge water 
storage tank.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before July 9, 2012 
or reach the Docket Management Facility by that date. Comments sent to 
the Office of Management and Budget (OMB) on collection of information 
must reach OMB on or before July 9, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0194 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 <a href="/cdn-cgi/l/email-protection#b5dadcc7d4eac6c0d7d8dcc6c6dcdadbf5dad8d79bd0dac59bd2dac3"><span class="__cf_email__" data-cfemail="2a4543584b75595f48474359594345446a454748044f455a044d455c">[email protected]</span></a> (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 4 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-372-1427. 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 Patrick J. Mannion, U.S. Coast Guard Office of 
Operating and Environmental Standards, (CG-5222); telephone 202-372-
1439, email <a href="/cdn-cgi/l/email-protection#6939081d1b000a0247234724080707000607291c1a0a0e47040005"><span class="__cf_email__" data-cfemail="fcac9d888e959f97d2b6d2b19d9292959392bc898f9f9bd2919590">[email protected]</span></a>. 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
    A. MARPOL 73/78
    B. SOLAS 1974
IV. Discussion of Proposed Rule
    A. Definitional Changes, 33 CFR 151.05
    B. Southern South African Waters, 33 CFR 151.13
    C. Additional Entries in the Oil Record Book, 33 CFR 151.25
    D. Oil Fuel Tank Protection, 33 CFR 155.250
    E. Requirements for Oil Sludge Tanks and Oil Filtering Equipment 
and Exemption for High-Speed Craft, 33 CFR 155.360 and 370
    F. Prevention of Pollution During Transfer of Oil Cargo Between 
Oil Tankers at Sea, 33 CFR 156.400-156.420
    1. Applicability of Subpart D, 33 CFR 156.400
    2. Definitions, 33 CFR 156.405
    3. Rules on Safety and Environmental Protection, 33 CFR 156.410
    4. Notification, 33 CFR 156.415
    5. Reporting of Incidents, 33 CFR 156.420
    G. Requirements for Sea Chest Permanently Connected to Cargo 
Lines, 33 CFR 157.08 and 157.11
    H. Pump-Room Bottom Protection, 33 CFR 157.14
    I. Accidental Oil Outflow Performance, 33 CFR 157.20
    J. Limitation of Older Regulations to Tankers Delivered After 
January 2010, 33 CFR 157.19
    K. Implementation of SOLAS 1974 Requirements for Material Safety 
Data Sheets
    L. Standards Incorporated by Reference
V. Other Alternatives Considered
VI. Incorporation by Reference
VII. Regulatory Analyses
    A. Executive Order 12866 and Executive Order 13563 (Regulatory 
Planning and Review)
    1. The Affected Population
    2. Costs
    3. Benefits
    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.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0194), 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

[[Page 21361]]

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 and 
insert ``USCG-2010-0194'' in the ``Keyword'' box. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit 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, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2010-0194 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. If you do not have 
access to the internet, you may view the docket 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 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

APPS Act to Prevent Pollution from Ships
CFR Code of Federal Regulations
COC Certificate of Compliance
COI Collection of Information
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
Sec.  Section symbol
ICR Information Collection Renewal
IMO International Maritime Organization
IOPP International Oil Pollution Prevention
ISO International Standards Organization
MARPOL 73/78 International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention
MSC Maritime Safety Committee
MSDS Material Safety Data Sheets
MEPC Marine Environment Protection Committee
NLS Noxious liquid substance
NPRM Notice of Proposed Rulemaking
OCIMF Oil Companies International Marine Forum
OCMI Officer in Charge, Marine Inspection
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
PSC Port state control
SOLAS 1974 International Convention for the Safety of Life at Sea 
1974
STS Ship-to-Ship transfer
U.S.C. United States Code

III. Background

    Protection of the marine environment and maritime safety are two of 
the primary missions of the Coast Guard. Specific Coast Guard 
regulations are designed to minimize the amount of pollution produced 
by ships at sea and to protect mariners. Many of the pollution control 
regulations implement the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention (MARPOL 73/78). Similarly, many mariner 
safety regulations incorporate provisions from the International 
Convention for the Safety of Life at Sea, as amended (SOLAS 1974), to 
which the U.S. is also a signatory nation.

A. MARPOL 73/78

    MARPOL 73/78 is an international agreement prepared under the 
direction of the International Maritime Organization (IMO), a United 
Nations specialized agency with responsibility for the safety and 
security of shipping and the prevention of marine pollution by ships. 
MARPOL 73/78 is the main international convention covering prevention 
of pollution of the marine environment by ships from either operational 
or accidental causes. MARPOL 73/78 is a combination of two 
international agreements adopted in 1973 and 1978 and revised by 
subsequent amendments. The International Convention for the Prevention 
of Pollution from Ships, was adopted on November 2, 1973 (1973 
Convention), and covered pollution by oil, chemicals, harmful 
substances in packaged form, sewage, and garbage. The Protocol of 1978, 
which amended the 1973 Convention, was adopted in February 1978, in 
response to a spate of tanker accidents that occurred in 1976 and 1977. 
MARPOL 73/78 entered into force on October 2, 1983. Annex I of MARPOL 
73/78 (Annex I), Regulations for the Prevention of Pollution by Oil, 
contains provisions intended to minimize both operational and 
accidental oil pollution from vessels.
    Annex I is implemented in U.S. law through the Act to Prevent 
Pollution from Ships (APPS) (Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 
2297), codified at 33 U.S.C. 1901 et seq. Under 33 U.S.C. 1902, 1903, 
and Department of Homeland Security Delegation No. 0170.1, the Coast 
Guard has the authority to draft regulations to implement the MARPOL 
73/78 and the amendments thereunder, with respect to U.S. vessels and 
foreign vessels within U.S. navigable waters or exclusive economic 
zone. The Coast Guard implements MARPOL 73/78 through regulations in 33 
CFR parts 151, 155, 156, and 157.
    Amendments to MARPOL 73/78 are made through the resolution drafting 
and adoption process within the Marine Environment Protection Committee 
(MEPC) of IMO. The United States takes part in revising and updating 
MARPOL 73/78 by sending delegates to MEPC, who are charged with 
negotiating with delegates of other signatory nations to support the 
U.S. position regarding pollution from ships.
    Since the last revision of Coast Guard regulations implementing 
Annex I in 2001, (66 FR 55571), there have been numerous amendments to 
the international standards, meaning that the Coast Guard regulations 
in the CFR and the provisions of Annex I are not currently aligned. 
Annex I was revised by the following resolutions:
    <bullet> MEPC.117(52) (October 15, 2004): This resolution revised 
all of Annex I and adopted new Annex I Regulations 22 and 23. 
Regulation 22 requires that every tanker of 5,000 deadweight tons or 
more, constructed on or after January 1, 2007, meet minimum standards 
of pump-room bottom protection, while Regulation 23 requires that every 
tanker delivered on or after January 1, 2010, must meet the standard 
for accidental

[[Page 21362]]

oil outflow performance. MEPC.117(52) became effective January 1, 2007.
    <bullet> MEPC.141(54) (March 24, 2006): This resolution adopted 
Annex I Regulation 12A, which contains requirements for the protected 
location of oil fuel tanks and performance standards for accidental oil 
fuel outflow for all ships delivered on or after August 1, 2010. This 
resolution became effective August 1, 2007.
    <bullet> MEPC.154(55) (October 13, 2006): In this resolution, the 
MEPC adopted the Southern South African Waters as a special area, which 
prohibits the discharge of bilge water and oil in the defined area. 
This resolution entered into force on March 4, 2008.
    <bullet> MEPC.186(59) (July 17, 2009): This resolution adopted a 
new Chapter 8 (consisting of Regulations 40, 41, and 42) to Annex I to 
prevent pollution during transfer of oil cargo between oil tankers at 
sea. In addition, it added a requirement for a Ship-to-Ship transfer 
(STS) operations plan. This entered into force on January 1, 2011, and 
applies to STS Operations involving oil tankers of 150 gross tons and 
more.
    <bullet> MEPC.187(59) (July 17, 2009): This resolution amended 
Annex I Regulations 1, 12, 13, 17, and 38 by altering definitions 
relating to oil residue, and by adding requirements that ships over 400 
gross tons contain sludge tanks that meet certain enumerated 
requirements to Regulation 12. It also amended International Oil 
Pollution Prevention (IOPP) Certificate Forms A and B to include a 
section regarding the means for retention and disposal of oil residues, 
and added new recordkeeping requirements prescribing entries in the Oil 
Record Book for bunkering of fuel or bulk lubricating oil or any 
failure of oil filtering equipment. This resolution entered into force 
on January 1, 2011.
    With this proposed rule, and as required by the APPS, we would 
align our regulations in 33 CFR parts 151, 155, 156, and 157 with 
international standards in Annex I regarding oil pollution from ships. 
By aligning the U.S. domestic regulations with international standards, 
compliant U.S. vessels would not be subject to Port State Control (PSC) 
enforcement measures while engaged in international trade.
    On August 27, 2007, we published a notice (72 FR 49013), announcing 
our policy for resolving conflicts between our regulations and the 
Annex I amendments, which remain in effect until our regulations are 
aligned with the amendments to MARPOL 73/78. Our goal in this 
rulemaking is to align the regulations in the CFR with those in Annex 
I, and thus promote consistent and homogenous enforcement of Annex I 
through revisions to 33 CFR parts 151, 155, 156, and 157.

B. SOLAS 1974

    In addition to revisions to MARPOL 73/78, we have not yet 
integrated some revisions to the SOLAS 1974 agreement into 46 CFR Part 
197. The Coast Guard represents the United States as a signatory nation 
of SOLAS 1974, which specifies standards for the safe operation of 
ships at sea. Under 46 U.S.C. 3306, 46 U.S.C. 3703, and Department of 
Homeland Security Delegation No. 0170.1, the Coast Guard has authority 
to prescribe necessary rules and regulations to implement the 
provisions of SOLAS 1974. These sections include authority over the 
inspection of vessels and the carriage of liquid bulk dangerous 
cargoes. The Coast Guard implements SOLAS 1974, in part, through 
regulations in 46 CFR part 197.
    Like MARPOL 73/78, SOLAS 1974 is amended by resolution of an IMO 
Committee, in this case the Maritime Safety Committee (MSC). In 
resolution MSC.150(77), the 77th Session of the MSC urged that 
beginning in June 2003, governments ensure the supply and carriage of 
Material Safety Data Sheets (MSDS) for Annex I cargoes and marine 
fuels. The 83rd session of MSC amended SOLAS 1974 by adding Regulation 
5-1 to Chapter VI, stating that ``Ships carrying Annex I cargoes, as 
defined in Appendix I to Annex I of [MARPOL 73/78], and marine fuel 
oils shall be provided with a MSDS prior to the loading of such cargoes 
based on the recommendations developed by IMO.'' The 86th session of 
the MSC further amended the SOLAS 1974 into clear and concise language 
to ensure a common understanding and unambiguous implementation of 
SOLAS Regulation VI/5-1. SOLAS Regulation VI/5-1 entered into force 
internationally on July 1, 2009.
    Because of these amendments, differences have developed between 
SOLAS 1974 and existing Coast Guard regulations. Our proposal resolves 
those differences in this rulemaking. Our goal is to adopt SOLAS 
Regulation VI/5-1 into U.S. law through 46 CFR part 197, which will 
allow enforcement of the provision in the U.S. as well as decrease 
exposure of U.S. vessels to PSC detention risk. Therefore, in this 
notice, we propose adding regulations to 46 CFR part 197 to conform 
with resolution MSC.286(86) (June 5, 2009). MSC.286 (86) adopts 
guidelines for the implementing SOLAS Regulation VI/5-1, specifically 
requiring the provision of MSDSs for Annex I type oils as cargo in bulk 
and oil fuels, replacing the earlier resolution on MSDSs (MSC.150(77) 
(June 2, 2003)).

IV. Discussion of Proposed Rule

    In this notice of proposed rulemaking (NPRM), we are proposing to 
update our regulations in Titles 33 and 46 of the CFR to harmonize U.S. 
regulations with international conventions regarding oil pollution and 
safety of life at sea. The purpose of this rule is to fulfill the 
obligations of the United States to implement MARPOL 73/78 and SOLAS 
1974 amendments for U.S. vessels and all vessels operating on the 
navigable waters of the United States to which those amendments apply. 
The proposed updates in 33 CFR parts 151, 155, 156, and 157 are 
intended to implement recent amendments to MARPOL 73/78 for U.S. 
vessels and all vessels operating on the navigable waters of the United 
States to which those amendments apply. Additionally, we are proposing 
to add a new subpart D to 46 CFR part 197 to require MSDSs for Annex I 
cargoes and marine fuels to align our regulations with SOLAS 1974.
    By aligning the domestic regulations with international standards, 
compliant U.S. vessels would not be subject to PSC enforcement measures 
while engaged in international trade. In addition, the updated 
regulations would produce benefits in terms of offshore oil pollution 
prevention and mariner safety.
    In the sections below, we discuss the proposed changes to the CFR, 
the relevant Annex I amendment(s) that prompted the change, and what we 
believe the effect of the proposed changes would be. Following this 
section is a table that summarizes each change.

A. Definitional Changes, 33 CFR 151.05

    Based on MEPC.187(59), we are proposing to make definitional 
changes to 33 CFR 151.05 to align with the ``Definitions,'' of Annex I, 
Regulation 1. We are proposing to add definitions for ``oil residue 
(sludge),'' ``oil residue (sludge) tank,'' ``oily bilge water,'' and 
``oily bilge water holding tank,'' and revise the definitions of ``oily 
mixture'' (including deletion of a redundant definition) and ``oil 
residue'' (which is a separate term from ``oil residue (sludge)'') in 
the definitions section in Sec.  151.05. Adding the definitions from 
Annex I would improve the clarity of the regulations and help assure 
adherence to them.

[[Page 21363]]

B. Southern South African Waters, 33 CFR 151.13

    Section 151.13 codifies MARPOL 73/78 ``special areas'' where, for 
recognized technical reasons associated with its oceanographic and 
ecological condition and the character of its traffic, special 
mandatory methods for the prevention of oil pollution are required. We 
are proposing to add ``the Southern South African waters'' to this 
section in accordance with MEPC.154(55), which added this new special 
area to Regulation 1.11 of Annex I.

C. Additional Entries in the Oil Record Book, 33 CFR 151.25

    We are proposing to add three new Oil Record Book entry 
requirements, to record the bunkering of oil, any failures of oil 
filtering equipment, and failures of the oil discharge monitoring and 
control system. We are proposing these changes to conform to the 
provisions of Annex I Regulation 17 (17.2.5 and 17.5) and Regulation 36 
(36.6), which require these entries in the Oil Record Book. The changes 
to Annex I were based on Annex III of MEPC.187(59), adopted on July 17, 
2009.
    Two of these changes would be in Section 151.25(d), which applies 
to all ships that are required to have an Oil Record Book. In 33 CFR 
151.25(d)(5), we propose adding a requirement to make an entry for the 
bunkering of fuel or bulk lubricating oil. This additional entry would 
help to track the use and disposal of oil and oil residues. In 33 CFR 
151.25(d)(6) we propose adding a requirement to make an entry for any 
failure of oil filtering equipment. The third change would be in 33 CFR 
151.25(e), which applies only to oil tankers of 150 gross tons or more. 
We propose adding a requirement, as subparagraph (e)(11), to make an 
entry for any failure of the oil discharge monitoring and control 
system. These additional entries would capture equipment failures for 
all ships with an Oil Record Book.

D. Oil Fuel Tank Protection, 33 CFR 155.250

    We are proposing to incorporate by reference Regulation 12A, ``Oil 
fuel tank protection,'' which details specific requirements for oil 
fuel tank protection. On March 24, 2006, MEPC adopted MEPC.141(54), 
which added Regulation 12A, to Annex I. Regulation 12A mandates that 
oil fuel tanks be protectively located, and expands performance 
standards for accidental oil fuel outflow in the event of a collision 
or grounding. In addition, Regulation 12A sets a maximum capacity limit 
of 2,500 cubic meters per oil fuel tank, limiting environmental damage 
should a tank rupture occur. Pursuant to Section 612 of the Coast Guard 
Authorization Act of 2010, Public Law 111-281, 121 Stat. 2905 (2010) 
(codified as amended at 46 U.S.C. 3306(2010)), Congress required that 
all new U.S. vessels meet the requirements of Regulation 12A.
    To add these requirements to the CFR, we are proposing to add 33 
CFR 155.250, ``Oil fuel tank protection,'' which would apply to each 
ship with an aggregate oil fuel capacity of 600 cubic meters or more, 
delivered on or after August 1, 2010. Proposed 33 CFR 155.250 
references Regulation 12A, which would be incorporated by reference in 
33 CFR 155.140.

E. Requirements for Oil Sludge Tanks and Oil Filtering Equipment and 
Exemption for High-Speed Craft, 33 CFR 155.360 and 370

    The Coast Guard is proposing two changes that would modify Subpart 
B of part 155, ``Vessel Equipment.'' These proposed changes would 
incorporate changes made to Annex I, Chapter 3, Regulations 12 ``Tanks 
for oil residues (sludge),'' and 14 ``Requirements for Machinery Spaces 
of All Ships.'' Regulation 12 governs tanks for oil residues (sludge), 
and Regulation 14 governs oil filtering equipment.
    We are proposing changes to the regulations in 33 CFR 155.360 and 
155.370 designed to prevent the discharge of oil sludge into the marine 
environment, as well as to incorporate an exemption for high-speed 
craft contained in Annex I.
    The first part of our proposed changes concerns oil sludge. Oil 
sludge, defined in 33 CFR 151.05, consists of residual waste products 
that can accumulate in the course of using or delivering oil. 
Currently, under 33 CFR 155.360 and 155.370, oceangoing vessels 400 
gross tons or more are required to have oily water separating equipment 
and sludge tanks capable of retaining all oil residues (sludge) 
onboard. Additionally, they are not permitted to store oily water in 
their bilges.
    To prevent discharge of this sludge into ocean waters, Regulation 
12 (paragraph 1) of Annex I requires that all ships of 400 gross tons 
or more be fitted with a tank or tanks of adequate capacity to receive 
oil residues that cannot be dealt with otherwise in accordance with oil 
pollution regulations. Such tanks store the sludge until it can be 
disposed of safely.
    To adopt the changes to Regulation 12, we are proposing revisions 
to both 33 CFR 155.360 and 155.370, which regulate oily mixture 
discharges on oceangoing vessels. In 33 CFR 155.360, the regulations 
apply to ships of 400 gross tons and above but less than 10,000 gross 
tons, excluding those that carry ballast water in their fuel tanks. In 
33 CFR 155.370, the regulations apply to ships 10,000 gross tons or 
more, as well as to all ships over 400 gross tons that carry ballast 
water in their fuel tanks. Adding the requirement regarding sludge 
tanks to both sections matches the applicability in Regulation 12, as 
it applies to ``every ship of 400 gross tons and above.''
    The proposed rule prohibits persons from operating a ship unless it 
is fitted with sludge tanks capable of storing the oil residues that 
cannot be dealt with through filtering. To provide specifications for 
sludge tanks we are proposing to adopt verbatim the language in 
Regulation 12, paragraph 2, and add it to 33 CFR 155.360 and 155.370, 
as paragraph (b)(3) of each section. These requirements would mandate 
that the sludge tanks be provided with a designated disposal pump and 
that they have no discharge connections to the bilge system, bilge 
water holding tanks, tank top, or oily water separators, although there 
is an exception for certain safeguarded drains.
    In addition to the changes regarding oil sludge, we are also 
proposing to include an exemption for high-speed craft, which is 
contained in Regulation 14 of Annex I, as paragraph (a)(1) in sections 
155.360 and 155.370. This exemption in the Annex I regulations, 
contained in Regulation 14.5.2 (as modified by Regulation 14.5.3), 
permits high-speed craft over 400 gross tons to operate without oil 
filtering equipment if they are fitted with a holding tank to store 
oily bilge water onboard and discharge it to reception facilities. We 
believe that the only vessels affected by this exemption are ferries. 
Therefore, we believe that the proposed changes to sections 155.360 and 
155.370 of the CFR accurately reflect the Annex I regulations.

F. Prevention of Pollution During Transfer of Oil Cargo Between Oil 
Tankers at Sea, 33 CFR 156.400-156.420

    We are proposing to add a new subpart D to 33 CFR part 156 to cover 
Ship to Ship (STS) transfer Operations between oil tankers at sea. This 
type of transfer is common in instances where a large tanker transfers 
oil to a smaller tanker that is able to offload to a port. Proposed 
subpart D, containing new Sec. Sec.  156.400-156.420, aligns with Annex 
I Regulations 40, 41, and 42 (collectively, chapter 8), added by

[[Page 21364]]

MEPC resolution 186(59), which apply to oil tankers of 150 gross tons 
or more engaged in STS Operations conducted on or after April 1, 2012.
    Regulations 41 and 42 impose two substantive requirements 
(Regulation 40 pertains to the applicability of the chapter). 
Regulation 41, ``General Rules on Safety and Environmental 
Protection,'' requires that oil tankers involved in STS Operations 
carry and follow an ``STS Operations Plan,'' based on the International 
Maritime Organization (IMO) Manual on Oil Pollution, Section 1: 
Prevention. Regulation 41 also requires that the person in charge of 
STS Operations be qualified to perform all relevant duties, and that 
records of STS Operations be retained on board for 3 years. Regulation 
42, ``Notification,'' requires each tanker to provide 48-hour advance 
notification to the Flag State when planning STS Operations in the Flag 
State's territorial sea or exclusive economic zone. It also specifies 
required elements of that notification.
    Because some STS Operations also could be classified as lightering 
operations, which are regulated under subpart B of 33 CFR 156, we are 
proposing to modify the applicability section (Sec.  156.200) and 
definition of Lightering or Lightering Operations (Sec.  156.205) of 
that subpart to explicitly exclude STS Operations. While STS Operations 
and lightering operations are similar, they are not identical.
1. Applicability of Subpart D, 33 CFR 156.400
    The Coast Guard is proposing to base the applicability of subpart D 
on Regulation 40 of Annex I. Proposed subpart D would apply to certain 
oil tankers in U.S. territorial seas, as well as U.S. oil tankers that 
conduct STS Operations in ports or terminals under the jurisdiction of 
other parties to MARPOL 73/78. Specifically, it would apply to an oil 
tanker of 150 gross tons or above conducting STS Operations on or after 
April 1, 2012, and to the STS Operations if one of the oil tankers 
involved is 150 gross tons or above.
    Regulation 40 specifies several exceptions, which are incorporated 
into proposed Sec.  156.400. Proposed subpart D would not apply to oil 
transfer operations associated with fixed or floating platforms used 
for the offshore production and storage of oil, which we have addressed 
by specifying, in proposed Sec.  156.400(a), that this subpart applies 
to the transfer of oil cargo between oil tankers at sea. Proposed 
paragraph (b) addresses the other exemptions specified in Regulation 40 
by stating that subpart D also would not apply to bunkering operations 
where the oil transferred is to be used as fuel, to STS Operations for 
the purpose of securing the safety of a ship or saving life at sea, 
specific pollution incidents, and to STS Operations involving warships 
or governmental, noncommercial service.
2. Definitions, 33 CFR 156.405
    The Coast Guard is proposing to add a definition section to subpart 
D defining ``oil tanker'' and ``STS Operations'' to ensure that these 
regulations are applied properly. This proposed section also contains 
definitions for ``Authorized Classification Society,'' ``Flag State,'' 
and ``marine environment,'' to eliminate any ambiguity that could 
arise.
3. Rules on Safety and Environmental Protection, 33 CFR 156.410
    Regulation 41 of Annex I contains general rules on safety and 
environmental protection, which are being proposed in subpart D as 
Sec.  156.410. These rules require that oil tankers carry an STS 
Operations Plan developed under best practice guidelines that comply 
with that plan. It also requires that the person in overall advisory 
control of the STS Operations be qualified to perform all relevant 
duties, and that owners or operators of vessels retain records of STS 
Operations for 3 years. The requirements of Regulation 41 are being 
proposed as paragraphs (a) through (h) of Sec.  156.410. These 
regulations would help to ensure that best practices are followed with 
regard to the transfer of oil at sea, to mitigate the risk of oil 
pollution and to promote safety.
    The Coast Guard is proposing additional requirements for those STS 
Operations that were formerly categorized as lightering operations. 
Some lightering operations, which are currently regulated under subpart 
B of part 156, would be classified as STS Operations under subpart D as 
a result of the changes in this proposal. Lightering operations are 
currently subject to more extensive regulation than that being proposed 
for STS Operations. To avoid confusion in overlapping cases, we are 
proposing to explicitly exclude STS Operations from the applicability 
section of subpart B, and regulating all STS Operations under subpart 
D, as discussed above in section IV.F.1. However, in order to preserve 
the existing regulatory requirements for those lightering operations 
that could also be classed as STS Operations, we have added these 
requirements to subpart D as well. These requirements are listed in 
Sec.  156.410(i). The specific items listed, including requirements for 
Certificates of Inspection, Certificates of Compliance, or Tank Vessel 
Examination Letters, are derived from the current requirements in Sec.  
156.210, which governs lightering operations, and are necessary for 
liquid bulk cargo transfers.
4. Notification, 33 CFR 156.415
    Regulation 42 of Annex I contains notification requirements for 
vessels engaging in STS Operations, which are being proposed in subpart 
D as Sec.  156.415, along with additional notification procedures in 
force today that pertain to lightering operations. Regulation 42 
requires that oil tankers engaging in STS Operations provide the 
relevant MARPOL 73/78 party with 48 hours advance notice of STS 
Operations. This includes information regarding the location, time, and 
duration of the STS Operations, oil type and quantity, identification 
of the STS Operations service provider, and confirmation that there is 
a compliant STS Operations Plan. Providing this information to the 
MARPOL 73/78 party helps to ensure that STS Operations are conducted 
safely and that a suitable safety measure is in place to mitigate 
environmental damage. The proposed regulatory text differs from 
Regulation 42 for oil tankers planning to conduct STS Operations in 
designated lightering areas, where a 24-hour advance notice of STS 
Operations to the nearest Captain of the Port (COTP) specified in the 
existing Sec.  156.215 would be used instead of the 48-hour notice 
specified in Regulation 42. This is being done to recognize industry 
best practices and the safety record under the existing notification 
requirements for these specific areas.
    The proposed regulatory text incorporating the notification 
provisions of Regulation 42 differs further from the text of Annex I, 
because it also contains some of the notification provisions from the 
lightering requirements in subpart B, such as the expected number of 
oil transfers, which are not included in the Annex I requirements. 
Among these additional proposed requirements is that owners or 
operators of a vessel that require a Certificate of Compliance (COC) 
inspection, or other special Coast Guard inspections, request the 
required inspections from the relevant COTP at least 72-hours prior to 
commencement of STS Operations. Receiving this information helps the 
Coast Guard better plan for STS Operations and schedule our inspection 
workload. We are proposing to add this as Sec.  156.415(e). However, 
despite the additions, all of the requirements from

[[Page 21365]]

Regulation 42 have been incorporated into the proposed regulatory text.
5. Reporting of Incidents, 33 CFR 156.420
    The Coast Guard is proposing to add Sec.  156.420 to subpart D 
relating to the reporting of incidents. This section would ensure that 
the relevant COTP would be notified of incidents promptly so they may 
respond to them quickly. This section is not based on Annex I, but we 
believe that these provisions should be applied to STS Operations to 
ensure safety and the most effective Coast Guard response to any 
incident. They are derived from similar requirements found in Sec.  
156.220, but now would apply to the STS Operations as well.

G. Requirements for Sea Chest Permanently Connected to Cargo Lines, 33 
CFR 157.08 and 157.11

    The Coast Guard is also proposing requirements for oil tankers of 
150 gross tons or more that have a sea chest permanently connected to 
the cargo pipeline system. A sea chest is a compartment located on a 
vessel's shell plating, below the waterline, through which seawater is 
drawn in. The seawater may be used for cooling or ballast purposes. 
These requirements were added to Annex I through MEPC.117(52), and are 
located in Regulation 30, paragraph 7. To integrate them into the CFR, 
we are proposing to add the sea chest requirements as subsection (h) of 
Sec.  157.11. Additionally, we are proposing a conforming change to 
Sec.  157.08, the applicability section, by adding a subsection (o) to 
accommodate vessels delivered on or after January 1, 2010.
    This proposal would require that the sea chest be equipped with 
both a sea chest valve and an inboard isolation valve. It would apply 
to oil tankers of 150 gross tons or more delivered on or after January 
1, 2010. We are proposing to add these requirements to help ensure that 
oil cargo does not backflow into the sea chest, and thus into the 
surrounding water. Additionally, the sea chest would need to be capable 
of isolation from the cargo pipeline system during the transfer or 
transport of cargo by a positive means that is installed in the 
pipeline system to prevent, under all circumstances, the section of 
pipeline between the sea chest valve and the inboard valve from being 
filled with oil cargo.

H. Pump-Room Bottom Protection, 33 CFR 157.14

    We are proposing to incorporate Regulation 22, ``Pump-room bottom 
protection,'' (added to Annex I by resolution MEPC.117(52) (October 15, 
2004)) into our regulations by adding Sec.  157.14. Regulation 22 
provides additional protection to the pump room by requiring double 
bottoms to prevent flooding in the event of an incident. This is 
necessary to ensure the continual functionality of the ballast and 
cargo pumping systems. Regulation 22 also contains an exemption from 
the double bottom requirement if flooding of the pump-room would not 
render the ballast or cargo pumping system inoperative.
    The proposed regulation, which would apply to oil tankers of 5,000 
deadweight tons (a measure of the vessel's cargo capacity) or more 
constructed on or after January 1, 2007, would establish a requirement 
from Regulation 22 that pump-rooms be protected with a double bottom if 
the flooding of the pump-room would render the ballast or cargo pumping 
system inoperative. It would also establish minimum requirements for 
the depth of the double bottom. Section 157.14 would adopt the Annex I 
requirements directly by incorporating Regulation 22 by reference.

I. Accidental Oil Outflow Performance, 33 CFR 157.20

    We also are proposing to adopt the oil outflow performance from 
Annex I, Regulation 23, ``Accidental oil outflow performance.'' This 
regulation, which applies to oil tankers delivered on or after January 
1, 2010, establishes design requirements to protect against oil 
pollution in the event of a collision or grounding. For vessels 
delivered in 2010 or later, it replaces older requirements regulating 
hypothetical outflow of oil, contained in Regulation 25, and limiting 
cargo tank arrangement and size, contained in Regulation 26. 
Regulations 25 and 26 continue to apply to vessels delivered before 
2010. The new regulation provides detailed design and performance 
specifications for oil tankers of all sizes. Section 157.20 would adopt 
the Annex I requirements directly by incorporating Regulation 23 by 
reference.

J. Limitation of Older Regulations to Tankers Delivered After January 
2010, 33 CFR 157.19

    We also are proposing an amendment to Sec.  157.19 that would limit 
the requirements of Annex I, Regulation 25, ``Hypothetical outflow of 
oil,'' and Regulation 26, ``Limitations of size and arrangement of 
cargo tanks,'' to oil tankers delivered before January 1, 2010. These 
requirements, currently found in Sec.  157.19, do not apply to new 
tankers, which would comply with accidental oil outflow performance in 
proposed section Sec.  157.20, described above. The proposed amendments 
reflect paragraph 6 of Regulation 25 and paragraph 7 of Regulation 26, 
which states these regulations apply to oil tankers built before 2010.

K. Implementation of SOLAS 1974 Requirements for Material Safety Data 
Sheets (MSDS)

    In this rulemaking, the Coast Guard is also proposing to implement 
SOLAS 1974 amendments regarding MSDS for Annex I cargoes and oil fuels 
for U.S. vessels and all vessels operating on the navigable waters of 
the U.S. to which those SOLAS 1974 amendments apply. By aligning the 
U.S. regulations with international standards, compliant U.S. vessels 
would encounter fewer difficulties while engaged in international 
trade.
    MSDSs serve an important purpose in ensuring mariner safety, as 
they focus on the hazards of working with oil products and other 
hazardous cargos in an occupational setting. They are intended to 
provide workers and emergency personnel with procedures for handling or 
working with these substances in a safe manner, and include information 
such as physical data (melting point, boiling point, flash point, 
etc.), toxicity, health effects, first aid, reactivity, storage, 
disposal, protective equipment, and spill-handling procedures.
    The Coast Guard is proposing to incorporate the MSDS regulations as 
a new subpart D of 46 CFR part 197, as Sec. Sec.  197.801 through 
197.820. This subpart would apply to all vessels to which SOLAS 1974 
applies, carrying the liquids listed in the Annex I List of Oils, 
either as bulk cargo or as fuel. It would also adopt the tables from 
the MSC.286(86) (June 5, 2009) as Appendices A and B to subpart D.

L. Standards Incorporated by Reference

    Finally, the Coast Guard is proposing several updates of standards 
incorporated by reference or otherwise discussed in the proposed 
regulations. We are proposing to add Regulation 12A of Annex I to the 
incorporation by reference paragraph in 33 CFR 155.140, to accommodate 
the proposed revision of Sec.  155.250. We are proposing to amend Sec.  
156.111 by updating the versions of the STS Transfer Guide and the 
Guide to Helicopter/Ship Operations, referenced in 33 CFR 156.330(b) 
and (c) respectively, as well as Sec. Sec.  156.410(c)(2) and (f), to 
use the most recent versions of those standards, and we are proposing 
to add the Manual on Oil

[[Page 21366]]

Pollution, Section I: Pollution, to Sec.  156.111, a document that is 
also referenced in Sec.  156.410. Third, we propose adding Regulations 
22 and 23 of Annex I to the incorporation by reference paragraph in 
Sec.  157.02, to conform to the proposed revisions of Sec. Sec.  157.14 
and 157.20, respectively. Fourth, we propose adding the International 
Standards Organization (ISO) to the list of entities referenced in 46 
CFR 197.205, as an ISO standard is listed in the proposed Appendix B to 
subpart D of that part. Fifth, we propose adding the IMO to the list of 
entities referenced in Sec.  197.205, as an IMO standard is listed in 
Subpart D of that part. Finally, we propose adding Appendix 1 of Annex 
I to an incorporation by reference paragraph in Sec.  197.810.

                                 Table 1
------------------------------------------------------------------------
            CFR Cite               Amendment sources        Subject
------------------------------------------------------------------------
33 CFR 151.05...................  Annex I             New definitions
                                   Regulations 1,      for oil residue
                                   12, 13, 17 and 38   (sludge),
                                   MEPC.187(59).       requirements for
                                                       oil residue
                                                       (sludge) tanks.
33 CFR 151.13(a)................  Annex I Regulation  Special Area
                                   1.11.10             ``Southern South
                                   MEPC.154(55).       African waters.''
33 CFR 151.25...................  Annex I Regulation  Oil Record Book:
                                   17.2.5              new entries for
                                   MEPC.187(59).       bunkering of fuel
                                                       or bulk lube oil.
33 CFR 155.140..................  Update              Updates
                                   incorporation by    incorporated
                                   reference.          standards to
                                                       reflect proposed
                                                       changes to the
                                                       text.
33 CFR 155.250..................  Annex I Regulation  Oil fuel tank
                                   12A MEPC.141(54).   protection.
33 CFR 155.360, 33 CFR 155.370..  Annex I Regulation  Requirements for
                                   12 MEPC.187(59);    Oil Sludge Tanks,
                                   Annex I             Exemptions for
                                   Regulation 14,      High-Speed Craft.
                                   MEPC.117(52).
33 CFR 156.111..................  Update              Updates
                                   incorporation by    incorporated
                                   reference.          standards to
                                                       reflect proposed
                                                       changes to the
                                                       text.
33 CFR 156.200..................  Annex I             Removal of STS
                                   Regulations 40,     Operations from
                                   41, 42              subpart B
                                   MEPC.186(59).       Applicability.
33 CFR 156.205..................  Annex I             Definitional
                                   Regulations 40,     change of
                                   41, 42              Lightering or
                                   MEPC.186(59).       Lightering
                                                       Operations to
                                                       remove STS
                                                       Operations.
33 CFR 156.330..................  Update to most      Updates regulatory
                                   modern standards.   text to reference
                                                       current versions
                                                       of the STS
                                                       Transfer Guide
                                                       and Helicopter/
                                                       Ship Operations
                                                       guide.
33 CFR 156 Subpart D; 156.400,    Annex I             Prevention of
 405, 410, 415, 420.               Regulations 40,     pollution during
                                   41, 42              lightering
                                   MEPC.186(59).       operations and
                                                       transfer of oil
                                                       cargo between oil
                                                       tankers at sea.
33 CFR 157.02...................  Update              Updates
                                   incorporation by    incorporated
                                   reference.          standards to
                                                       reflect proposed
                                                       changes to the
                                                       text.
33 CFR 157.08 and 157.11........  Annex I Regulation  Requirements for
                                   30.7 MEPC.117(52).  sea chest
                                                       permanently
                                                       connected to
                                                       cargo lines.
New 33 CFR 157.14...............  Annex I Regulation  Pump-room bottom
                                   22 MEPC.117(52).    protection.
33 CFR 157.19...................  Annex I Regulation  Older regulations
                                   25.6 MEPC.117(52).  of hypothetical
                                                       outflow of oil
                                                       limited to
                                                       tankers delivered
                                                       before 2010.
33 CFR 157.19...................  Annex I Regulation  Older regulations
                                   26.7 MEPC.117(52).  of size and
                                                       arrangement of
                                                       cargo tanks
                                                       limited to
                                                       tankers delivered
                                                       before 2010.
New 33 CFR 157.20...............  Annex I Regulation  New requirements
                                   23 MEPC.117(52).    for accidental
                                                       oil outflow
                                                       performance for
                                                       tankers delivered
                                                       in 2010 or later.
46 CFR 197.205..................  Update standards    Provide
                                   availability.       information for
                                                       ISO standards
                                                       referenced in
                                                       Appendix B to
                                                       Subpart D.
46 CFR 197 Subpart D; 197.801,    MSC.286(86).......  Material Safety
 810, 820.                                             Data Sheets.
------------------------------------------------------------------------

V. Other Alternatives Considered

    As stated in the III. Background section of the preamble, the 
protection of the marine environment and maritime safety are two of the 
primary missions of the Coast Guard. As an initiative in furthering our 
primary missions, the Coast Guard is considering requiring new U.S. 
non-oceangoing vessels to be equipped with tanks to prevent oily bilge 
water discharges.
    Unlike the provisions in this notice, any future proposal regarding 
holding tanks for oily bilge water discharges would be pursuant to the 
Coast Guard's authority to issue regulations establishing procedures, 
methods, and equipment and other requirements for equipment to prevent 
discharges of oil and hazardous substances from vessels (33 U.S.C. 
1321(j)(1)(C)). This alternative would apply to U.S. non-oceangoing 
ships 400 tons or greater delivered 3 years after the implementation of 
a final rule.
    The Coast Guard seeks additional data and other information related 
to this provision. Although the Coast Guard welcomes all public 
comments related to these potential requirements, the Coast Guard 
specifically invites comments on the discussion below, and responses to 
the following questions:
    <bullet> The Coast Guard requests information on any additional 
sources of information on the number, size, composition, and resulting 
damage to the environment of oily bilge water discharges from U.S. non-
oceangoing vessels.
    <bullet> The Coast Guard has identified requiring holding tanks as 
a means for reducing the discharge of oily bilge water to the 
environment. The Coast Guard requests information on the cost of 
holding tanks for new vessels and existing U.S. non-oceangoing vessels.
    <bullet> The Coast Guard solicits any additional comments on the 
potential requirements to control oily bilge water discharge from U.S. 
non-oceangoing vessels, including alternatives that may provide a cost-
effective approach for reducing oily bilge water discharge.
    To submit a comment on the changes proposed in this section, use 
one of the methods specified under ADDRESSES.
    The Coast Guard offers the following discussion regarding the 
requirement for non-oceangoing ships 400 gross tons or

[[Page 21367]]

greater to install oily bilge water retention tanks.
    The alternative considered to require a holding tank for oily 
mixtures would be similar to requirements for certain oceangoing 
vessels (over 400 gross tons) subject to MARPOL 73/78 that remain at or 
near facilities where oily mixtures can be discharged. U.S. non-
oceangoing vessels of this same size category (over 400 gross tons) 
have similar operational characteristics as those covered under MARPOL 
73/78.
    The purpose of such a requirement would be to reduce maritime oil 
pollution by preventing the discharge of oily bilge water into the 
marine environment. During the operations of a vessel, oily bilge water 
accumulates in the lowest part of a vessel from a variety of sources 
including engines, piping, and other mechanical and operational sources 
found throughout the machinery spaces of vessels. Oily bilge water is a 
mixture of water, oily fluids, lubricants, cleaning fluids and other 
similar wastes.
    While U.S. non-oceangoing ships are not required to have oil 
filtering equipment, Sec.  155.330 prohibits persons from operating 
these ships in the navigable waters in the U.S. unless the ship can 
retain all oily mixtures onboard and discharge them to a reception 
facility. Under Sec.  155.330(b), those ships may currently retain 
those oily mixtures in the ship's bilges. However, the Coast Guard 
believes that retaining these mixtures in the ship's bilges has 
contributed to the risk of oil pollution from inadvertent discharge of 
substantial quantities of oil into the marine environment. Even small 
amounts of oil pollution (including oily bilge water discharge) have 
the potential to seriously damage the terrestrial and aquatic 
environments. The Coast Guard believes that the risk of oil pollution 
from inadvertent discharges of oily bilge water from ships would be 
reduced by requiring ships to have a holding tank with a volume 
adequate to hold all of a ship's oily bilge water, thereby discouraging 
ships from holding oily bilge water in their bilges.
    This alternative is similar to the requirements in Annex I that 
provide the option of using holding tanks to reduce the risk of oil 
pollution. As an Annex I measure, the Coast Guard believes that oily 
bilge water holding tanks would be effective at combating the risk of 
oil pollution and that the design of this equipment is well known to 
the maritime community. While Annex I requires that most oceangoing 
vessels be fitted with oil filtering equipment (see Regulation 14.1), 
Annex I allows vessels that remain close to discharge facilities, such 
as stationary vessels or ferries, to store oily bilge water in special 
holding tanks (see Regulation 14.3, Regulation 14.5.3.1). Holding tanks 
provide a less expensive means to mitigate inadvertent discharges of 
oily water than oil filtering equipment. Nonetheless, they would 
function well as these vessels, unlike oceangoing vessels, would 
consistently operate in close proximity to a discharge facility.
    We believe that the application of these types of holding tanks to 
U.S. non-oceangoing vessels would prevent oily bilge water discharges 
in the most efficient cost-effective manner, for the reasons stated 
above. Unlike oceangoing ships, non-oceangoing ships operate relatively 
close to shore and can discharge oily bilge water from the holding 
tanks to reception facilities. Therefore, they can take advantage of 
the use of oily bilge water storage tanks, which do not require 
maintenance and are much less expensive to install and operate.
    In order to minimize the cost to comply with this alternative, we 
are considering a proposal in which the effective date for this 
alternative would be three years after the publication of a final rule 
and limit the requirement to new vessels. This would provide a notice 
period similar to those granted by the MARPOL 73/78 and SOLAS 1974 
amendments, which are typically published several years before the 
provisions are effective. The three year delayed implementation period 
would help to reduce the costs to ship owners and operators by allowing 
them to integrate these holding tanks into ship designs.
    The Coast Guard welcomes public comments on this information and 
questions presented above in relation to installing oily bilge water 
retention tanks on new, non-oceangoing ships 400 gross tons or greater. 
As noted, after considering this additional information, the Coast 
Guard would later request public comment on specific regulatory text if 
it seeks to implement such requirements.

VI. Incorporation by Reference

    Material proposed for incorporation by reference appears in 33 CFR 
155.140, 156.111, 157.02, and 46 CFR 197.810. 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 33 CFR 155.140, 156.111, 157.02, and 46 CFR 197.810.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporation 
by reference.

VII. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

A. Executive Order 12866 (Regulatory Planning and Review) and Executive 
Order 13563 (Improving Regulation and Regulatory Review)

    This rulemaking is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget (OMB) has not reviewed 
it under that Order. Nonetheless, we developed an analysis of the costs 
and benefits of the proposed rule to ascertain its probable impacts on 
industry. This preliminary assessment (``Regulatory Analysis'') is 
available in the docket where indicated in section A of this preamble. 
We consider all estimates and analysis in this Regulatory Analysis (RA) 
to be draft and subject to change in consideration of public comments. 
A summary of the draft Regulatory Analysis follows:
    The proposed rule contains provisions to codify the 2004, 2006 and 
2009 Amendments to Annex I in the Code of Federal Regulations (CFR) and 
to require vessels to carry a Material Safety Data Sheet (MSDS) for 
each Annex I cargo and ship fuel carried in bulk. These provisions are 
designed to harmonize U.S. regulations with international standards.
    Table 1 in the Discussion of Proposed Rule section of the preamble 
provides a summary of the proposed changes to the CFR referencing the 
applicable Annex I Amendments and the subject of the proposed changes. 
Detailed descriptions of the proposed CFR changes are described in 
Section IV Discussion of Proposed Rule of this preamble. A summary of 
the regulatory analysis is shown in Table 2.

[[Page 21368]]



                                   Table 2--Summary of the Regulatory Analysis
----------------------------------------------------------------------------------------------------------------
                  Category                                          Summary (harmonization)
----------------------------------------------------------------------------------------------------------------
Total Affected Population *.................  ~4,029 current and future U.S. flag ships with 1,768 U.S. current
                                               owners or operators.
Costs (7% discount rate)....................  $1.8 mil (annualized)
                                              $18.2 mil (10-year)
Unquantified Benefits.......................  Compliance with internationally enforced standards where non-
                                               compliance could result in Port State Control interventions and
                                               detentions or delays.
                                              General reduction of the risk of oil discharges in the marine
                                               environment. 33 CFR 151.25 improves the availability of
                                               information on certain processes and equipment.
                                              33 CFR 151.360-370 prevents the direct discharge of oily sludge
                                               residue and indirect discharge through oily bilge water.
                                              33 CFR 151.400-420 helps to ensure STS Operations are conducted
                                               safely and that an apparatus is in place to mitigate
                                               environmental damage.
----------------------------------------------------------------------------------------------------------------
* The total affected population shown in this table refers to the sum of the affected population for each
  individual requirement. An individual ship may be subject to multiple requirements. If there is no overlap of
  requirements, the affected population would be a maximum of 4,029 new and existing ships. If there is overlap
  of requirements, the total affected population could be less.

1. The Affected Population
    The individual provisions of the proposed rule affect different 
populations of U.S. flag ships. A summary of the affected population is 
shown in Table 3.

                                  Table 3--Affected Populations U.S. Flag Ships
----------------------------------------------------------------------------------------------------------------
                                                                                     New ships
                                                                      Current        delivered
               Provision                   Population affected       affected     during the  10-  Total number
                                                                    population      year period      of ships
                                                                                    of analysis
----------------------------------------------------------------------------------------------------------------
Additional Oil Record Book entry        All inspected ships                1,672             273           1,945
 requirements.                           bunkering fuel or
                                         lubricating oil.
Valve separating the sludge tank        Oceangoing Ships 400               1,044             225           1,269
 drains from the bilge system.           gross tons and over.
Preparation of STS Operations Plans     Tankers and Tank ships..             512             303             815
 and STS Reporting.
----------------------------------------------------------------------------------------------------------------
Source: USCG MISLE database.

2. Costs
    The primary cost estimate of the proposed rule is displayed in 
Table 4 and results in a total cost of $23.2 million (undiscounted) for 
the ten year period of analysis. This cost estimate was prepared 
assuming no ships currently comply with any of the provisions of the 
proposed rule because there are no data on the degree of current 
compliance. The Coast Guard believes that there is current compliance 
with many of the provisions and is aware that this assumption may 
overstate the actual cost of the proposed rule. In present value terms, 
the total cost estimate is $20.8 million using a 3-percent discount 
rate and $18.2 million using a 7-percent discount rate. Annualized 
costs are $2.1 million per year at 3 percent and $1.8 million per year 
at 7 percent.

                         Table 4--Costs Summary by Year ($ Millions) to U.S. Flag Ships
----------------------------------------------------------------------------------------------------------------
                                                                                         Discounted
                                                            Undiscounted   -------------------------------------
                                                                                7 percent          3 percent
----------------------------------------------------------------------------------------------------------------
Year 1.................................................              $10.2               $9.6               $9.9
Year 2.................................................                1.2                1.1                1.2
Year 3.................................................                1.3                1.1                1.2
Year 4.................................................                1.4                1.0                1.2
Year 5.................................................                1.4                1.0                1.2
Year 6.................................................                1.4                1.0                1.2
Year 7.................................................                1.5                0.9                1.2
Year 8.................................................                1.6                0.9                1.2
Year 9.................................................                1.6                0.9                1.2
Year 10................................................                1.7                0.8                1.2
                                                        --------------------------------------------------------
    Total..............................................               23.3               18.2               20.8
                                                        --------------------------------------------------------
        Annualized.....................................  .................                1.8                2.1
----------------------------------------------------------------------------------------------------------------


[[Page 21369]]

    Costs by provision using a 7-percent discount rate are shown in 
Table 5.

  Table 5--Costs Summary of Individual Provisions at 7-Percent Discount
                   (Millions of $) to U.S. Flag Ships
------------------------------------------------------------------------
                                                         Percentage of
                                        Total cost     total cost (using
             Provision               million $ (at 7%    7% discounted
                                       discounted)           costs)
------------------------------------------------------------------------
Additional Oil Record Book entry                 $5.9              32.24
 requirements.....................
Valve separating the sludge tank                  6.7              36.61
 drains from the bilge system.....
Preparation of STS Operations                     5.7              31.15
 Plans and STS Reporting..........
                                   -------------------------------------
    Total.........................               18.2             100.0
------------------------------------------------------------------------
Note: numbers may not add due to rounding.
Source: USCG Office of Operating and Environmental Standards.

    The provisions of this rulemaking are estimated to cost $18.2 
million, annualized at a 7-percent discount rate. Please refer to 
Appendices B through E in the Regulatory Analysis for the annual costs. 
Costs are broken out by section and by population.
    Table 6 displays the unit costs per vessel.

         Table 6--Unit Costs (Undiscounted) for U.S. Flag Ships
------------------------------------------------------------------------
                                    Cost per affected  Cost per affected
             Provision                  ship non-        ship recurring
                                     recurring costs         costs
------------------------------------------------------------------------
Additional Oil Record Book entry    .................               $396
 requirements \1\.................
Valve separating the sludge tank               $6,140  .................
 drains from the bilge system \2\.
Preparation of STS Operations                  $5,880              $230
 Plans and STS Reporting \3\......
------------------------------------------------------------------------
Source: USCG Office of Operating and Environmental Standards.

    Table 6 outlines the per vessel costs for the provisions. The 
provisions include both non-recurring and recurring costs.
---------------------------------------------------------------------------

    \1\ This is the incremental cost of the additional record book 
entries for both current and new ships above the costs currently 
required.
    \2\ Valve costs vary between $5,400 per ship for ships between 
400GT and 10,000 GT and $8,700 per ship for ships over 10,000 GT. 
The $6,140 represents a weighted average based on current and future 
ships in each volume class.
    \3\ The two non-recurring costs per ship are: the preparation of 
the STS plan of approximately $5,023 per ship and the initial 
training cost of $857 which together total $5,880.
---------------------------------------------------------------------------

3. Benefits
    The benefits of the proposed rule include harmonization and 
compliance with internationally enforced standards and the reduction of 
risks of oil pollution, as well as improved mariner safety.
    Functional benefits of each provision of the proposed rule are 
shown in Table 7.

                      Table 7--Functional Benefits
------------------------------------------------------------------------
                                          Beneficial impact on oil spill
               Provision                          risk reduction
------------------------------------------------------------------------
33 CFR 151.25--This provision would      This provision will reduce the
 establish new record keeping             risk of oil spills by
 requirements for the Oil Record Book:    improving the availability of
 a requirement to make an entry for the   information on certain
 bunkering of fuel or bulk lubricating    processes and equipment. For
 oil; a requirement to make an entry      example, the additional entry
 for any failure of oil filtering         for the bunkering of fuel or
 equipment; and a requirement to make     bulk lubricating oil would
 an entry for any failure of the oil      help to track the use and
 discharge monitoring and control         disposal of oil and oil
 system.                                  residues. The other two
                                          additional entries would
                                          capture equipment failures for
                                          all ships with an Oil Record
                                          Book.
33 CFR 155.360-370--This provision       This provision will reduce the
 requires that these ships have a         risk of oil spills by insuring
 separate designated pump for the oil     segregation of oily sludge
 residue tank (sludge tank) and that      residue from the bilge system.
 this sludge disposal system (pump and    These measures prevent the
 tank) must be segregated from the        direct discharge of oily
 bilge system except for manually         sludge residue and the
 operated drains with visual monitoring   indirect discharge through
 of settled water that lead to an oily    oily bilge water.
 bilge water tank or a bilge well. Any
 nonconformity would require a ship in
 this group to purchase and install
 appropriate equipment.

[[Page 21370]]

 
33 CFR 156.400-420--This provision       This provision will reduce the
 requires that oil tankers transferring   risk of oil spills by
 oil cargoes between ships at sea (Ship-  requiring that oil tankers
 to-Ship (STS) transfers of oil) have     engaging in STS Operations
 an STS Operations Plan meeting           provide the relevant MARPOL 73/
 specific IMO standards.                  78 party with 48 hours notice
                                          of STS Operations. This
                                          includes information regarding
                                          the location, time, and
                                          duration of the STS
                                          Operations, oil type and
                                          quantity, identification of
                                          the STS Operations service
                                          provider, and confirmation
                                          that there is a compliant STS
                                          Operations Plan. Providing
                                          this information helps to
                                          ensure that STS Operations are
                                          conducted safely and that an
                                          apparatus is in place to
                                          mitigate environmental damage.
------------------------------------------------------------------------

    The purpose of the proposed rule is to harmonize Coast Guard 
regulations with new provisions of MARPOL 73/78 and SOLAS 1974 to which 
the United States is a signatory. Compliance with these Conventions is, 
in itself, a benefit to all ships on international routes because the 
failure to comply with these international standards for pollution 
prevention and safety would subject the non-compliant ship to PSCs. 
Coast Guard incorporation of these provisions is also a requirement of 
U.S. law, the Act to Prevent Pollution from Ships (APPS) 33 U.S.C. 
1901-1915 (2002), which implements and codifies the MARPOL agreements 
into U.S. law.
    Port State Controls may include detention of a ship in a foreign 
port until the identified deficiencies are rectified. Delays of this 
type can be costly to the owner/operator of a ship. For example, the 
Paris Memorandum on Port State Control Annual Report (Paris Memorandum) 
for 2009 indicated that 27 oil tankers were detained worldwide under 
PSCs; 17 of these tankers (63 percent) were detained for violations of 
Annex I or SOLAS. With charter rates for oil tankers averaging $31,700 
per day, even short delays under PSCs can result in substantial costs. 
None of these deficient ships were U.S. flag vessels because of the 
adherence to international standards enforced by the Coast Guard. With 
this proposed rule the Coast Guard intends to ensure that no 
ambiguities exist between MARPOL 73/78/SOLAS and the regulatory 
requirements of the CFR.
    The Paris Memorandum for 2009, the latest year for which there are 
data, also indicated that 3,764 ships that were inspected worldwide 
under PSCs had deficiencies regarding Annex I requirements. 
Additionally, 15,800 ships were found deficient regarding safety and 
firefighting standards (SOLAS requirements). As with oil tankers (noted 
above) none of these deficient ships were U.S. flag vessels because of 
the adherence to international standards enforced by the Coast Guard.
    We examined the risk reduction in terms of oil spill prevention 
that would equal the total regulatory cost of this proposed rule. From 
historical data,\4\ we determined there was an average of 5,583 barrels 
of oil spilled annually from U.S. flagged SOLAS ships over the 2001-
2010 period. To calculate the annual monetary value of remediating 
damages from oil spills, we used a cost of $10,700 per barrel of oil 
based on an analysis of expenditures from the Oil Spill Liability Trust 
Fund. Consequently, the costs of oil spill damages averaged $59.7 
million (undiscounted) over the 2001-2010 period. Please refer to the 
Regulatory Analysis for further details.
---------------------------------------------------------------------------

    \4\ U.S. Coast Guard MISLE data, 2001 to 2010, oil spilled from 
U.S. flagged, SOLAS vessels.
---------------------------------------------------------------------------

    The undiscounted costs of the provisions of the proposed rule over 
the ten year period of examination are approximately $23.2 million (or 
$2.3 million per year on average). The proposed regulations would have 
to reduce the annual volume of oil spills approximately 3.9 percent 
($2.3 million/$59.7 million--both undiscounted) in order to achieve a 
breakeven between the regulatory costs and the benefit from reduced oil 
discharge.

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.
    An Initial Regulatory Flexibility Analysis discussing the impact of 
this proposed rule on small entities is available in the docket 
indicated under Section A of this preamble. There are an estimated 
1,768 U.S. entities that would be affected by this proposed rule and 
these entities operate a maximum of 3,228 existing ships. We chose a 
random sample of 510 entities and evaluated these against the 
applicable standard for determining whether the entity was small (i.e., 
SBA size standards for businesses and RFA standards for governments and 
not-for-profits). We found that 213 entities were not small according 
to applicable standards. The remaining 297 entities (approximately 58.2 
percent of the sample size) are considered small; 175 of these had 
revenue or personnel data confirming their small business status using 
the Small Business Administration size standards and the remaining 125 
businesses had no revenue or personnel data and were assumed to be 
small. None of the small entities was either a governmental or not-for-
profit entity. We analyzed revenue impacts for the first year and for 
the annual recurring costs of this proposed rule. First year costs 
include costs for additional required Oil Record Book entries, 
equipment purchase and installation costs, and costs associated with 
the STS Operations Plan preparation and crew training. As all equipment 
is either stationary (tanks) or minimal maintenance (valves which only 
require periodic lubrication in conjunction with other shipboard 
equipment); we have not considered any additional maintenance expenses. 
Likewise, the expected life-cycle of the equipment extends beyond the 
timeframe of the ten year period of analysis, so no inclusion of 
replacement costs for newly installed equipment was required.
    There are three provisions that affect small businesses: Additional 
Oil Record Book entry requirements; Valves separating the sludge tank 
drains from the bilge system; and Preparation of STS Operations Plans 
oil record book entry requirements. Of the costs to small businesses, 
53.5 percent are associated with the separator valves with 35.3 percent 
of the costs for additional oil record book entries and 11.2 percent 
associated with STS plan requirements. This proposed rule has many 
provisions that would affect different types of

[[Page 21371]]

vessels and therefore, businesses' revenue impacts would vary according 
to the number and type of vessel owned. If vessels are subject to all 
provisions, we determined that approximately 7.3 percent of the small 
businesses would incur a cost impact of more than 1 percent of revenue 
during the first year.
    For the annual recurring economic impact, we determined that 1.6 
percent of small businesses would incur a cost more than 1 percent of 
revenue. Recurring costs include recordkeeping and costs related to the 
STS Operations Plan (maintenance and training new crew).
    Based on the above information, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposed rule would not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES in the Notice of Proposed 
Rulemaking, [USCG-2010-0194]. 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 Scott Hartley, 
U.S. Coast Guard Office of Operating and Environmental Standards, (CG-
5222); telephone (202) 372-1437, e-mail <a href="/cdn-cgi/l/email-protection#c794a4a8b3b3e982e98fa6b5b3aba2be87b2b4a4a0e9aaaeab"><span class="__cf_email__" data-cfemail="3764545843431972197f5645435b524e7742445450195a5e5b">[email protected]</span></a>. 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.

D. Collection of Information

    This proposed rule would not require a new Collection of 
Information (COI) request under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520) but would increase the burden hours under two 
existing COI reports. An additional breakdown of these information and 
reporting costs are presented in the section `Costs' in VI. Regulatory 
Analyses of this preamble.
    The information collected under the proposed rule is addressed in 
the existing COIs: OMB control number 1625-0009 (Oil Record Book for 
Ships (33 CFR 151.25)), which was reviewed by the OMB on September 9, 
2009 and will expire after the 2-year approval period ends on September 
9, 2011, unless renewed; and OMB control number 1625-0041, Various 
International Agreement Pollution Prevention Certificates and 
Documents, and Equivalency Certificates which was reviewed by the OMB 
on November 19, 2008, and will expire after the 3-year approval period 
ends on November 30, 2011, unless renewed.
    As defined in 5 CFR 1320.3(c), ``collection of information'' (COI) 
comprises reporting, recordkeeping, monitoring, posting, labeling, and 
other, similar actions. The title and description of the information 
collections, a description of those who must collect the information, 
and an estimate of the total annual burden follow. The estimate covers 
the time for reviewing instructions, searching existing sources of 
data, gathering and maintaining the data needed, and completing and 
reviewing the collection.
    Regarding OMB control number 1625-0009, Oil Record Book for Ships 
(33 CFR 151.25); the current authorized annual burden is 19,425 hours 
and the proposed rule would increase the annual burden by approximately 
9,111 hours (46.9 percent). Information about this Information 
Collection Renewal (ICR) is shown in Table 6.
    Regarding OMB control number 1625-0041, Various International 
Agreement Pollution Prevention Certificates and Documents, and 
Equivalency Certificates (33 CFR 156.400 through 156.420 Subpart D-
Prevention of Pollution During Transfer of Oil Cargo Between Oil 
Tankers at Sea), the current authorized annual burden for all 
collections in this control number is 2,067 hours and the proposed rule 
would increase the burden by a single non-recurring burden of 69,120 
hours, and a recurring annual burden of 7,168 hours. The annual burden 
would increase from 2,067 hours to 9,235 hours which equals 
approximately 347 percent. The increase in burden hours from the 
proposed rule represents a non-recurring burden of 135 hours per ship 
and an additional recurring annual burden of 14 hours per ship.
    This information collection request involves the preparation of a 
STS Operations Plan for all oil tankers and tank barges of 150 gross 
tons and above that engage in transfers of oil at sea. This would 
require a non-recurring development burden of 135 hours per vessel for 
each of the 512 ships affected. This ICR would also require recurring 
annual burden for training (5 hours per ship) and plan revisions (9 
hours per ship). Information on this ICR is shown in Table 7 (non-
recurring burden) and Table 8 (recurring burden).
    The increases in the annual burdens are not considered material or 
substantive. To confirm this, the Coast Guard has submitted a change 
worksheet (OMB Form 83-C) to the Office of Information and Regulatory 
Affairs (OIRA) noting the change in the annual burden.
    Details of the two information collection requests are as follows:

    1. Information Collection Request: OMB control number 1625-0009 
(Oil Record Book for Ships).
    Title: Oil Record Book for Ships (33 CFR 151.25).
    Summary of the Information Collection Request: The Coast Guard 
uses the information recorded in the Oil Record Book to verify 
sightings of actual violations of the APPS, to determine the level 
of compliance with MARPOL 73/78, and as a means of reinforcing the 
discharge provisions. The actual recording of discharge information 
reinforces the intent of the regulations. Unless this information is 
recorded, the Coast Guard would have to rely solely on actual 
sightings of oil discharges for enforcement. Violation of the law 
could go undetected resulting in continued pollution of the sea by 
oil. The Coast Guard would have no method of determining the level 
of compliance with regulations.
    Need for Information: The Act to Prevent Pollution from Ships 
and MARPOL 73/78 require that information about oil cargo or fuel 
operations be entered into an Oil Record Book. The requirement is 
codified in 33 CFR 151.25. MARPOL 73/78 requires that the 
information be retained onboard a ship so that it is available for 
inspection, therefore, the electronic transmission of this 
information to the Coast Guard is not possible.
    Proposed Use of Information: The Coast Guard uses the 
information recorded in the Oil Record Book to verify sightings of 
actual violations of the APPS, to determine the level of compliance 
with MARPOL 73/78, and as a means of reinforcing the discharge 
provisions. The actual recording of discharge information reinforces 
the intent of the regulations. Unless this information is recorded, 
the Coast Guard would have to rely solely on actual sightings of oil 
discharges for enforcement. Violation of the law could go 
undetected, resulting in continued oil pollution of the sea.
    Description of the Respondents: Oil tankers and tank barges of 
150 gross tons and above; ships 400 gross tons and above other than 
oil tankers (including freight barges equipped to discharge oil or 
oil mixtures); manned fixed or floating drilling rigs, except those 
that are not equipped to discharge oil or oil mixtures or rigs that 
are in compliance with the National Pollutant Discharge Elimination

[[Page 21372]]

System permit; and manned fixed or floating drilling platforms over 
400 gross tons, primarily Mobile Offshore Drilling Units over 400 
gross tons.
    Number of Respondents: The current number of respondents is 
1,546. This proposed rule would affect 1,672 respondents. This 
increase would coincide with an increased number of ships in each 
category listed above in the Description of Respondents. No new 
categories of respondents would be added.
    Frequency of Response: The frequency of response is occasional 
reports for recordkeeping and reporting. The current number of 
annual responses authorized is 466,200. This proposed rule would 
increase the number of annual responses to 684,784. Of the increase 
of 218,584 responses, 199,504 (91 percent) would result from the 
increased reporting entries per ship and 19,080 (9 percent) of the 
reporting entries would result from an increase in the number of 
ships reporting.
    Burden of Response: The burden of this proposed rule would 
require additional entries to the Oil Record Book to record seven 
types of events not currently recorded: (i) Disposal of oil residue; 
(ii) discharge overboard or disposal otherwise of bilge water that 
has accumulated in machinery spaces; (iii) bunkering of fuel or bulk 
lubricating oil; (iv) any failure of the oil filtering equipment; 
(v) closing of valves necessary for isolation of dedicated clean 
ballast tanks from cargo and stripping lines after slop tank 
discharge operations; (vi) disposal of oil residue; (vii) and any 
failure of the oil discharge monitoring and control system. The 
Coast Guard estimates that these additional entries would occur with 
the same frequency as the 17 events which currently require an Oil 
Record Book entry. Therefore, the increase in burden hours is 41.2 
percent or from the current estimated 540 entries per ship per year 
for oil tankers and tank barges to 762 entries per year; and from 
180 entries per ship per year for non-oil ships to 254 entries per 
year.
    Estimate of Total Annual Burden: The current annual burden for 
this collection is 19,424 hours. The proposed rule would increase 
the total annual burden by approximately 9,105 hours. The 
calculation of the annual burden increase for the Oil Record Book 
entries is shown in Table 6.
    2. Information Collection Request: OMB control number 1625-0041 
MARPOL 73/78 Related Documents STS Operations Plan.
    Title: Various International Agreement Pollution Prevention 
Certificates and Documents, and Equivalency Certificates (33 CFR 
156.400 through 156.420, Subpart D-Prevention of Pollution During 
Transfer of Oil Cargo Between Oil Tankers at Sea).
    Summary of the Information Collection Request: The Coast Guard 
is requiring oil tankers and tank barges of 150 gross tons and above 
that engage in transfers of oil at sea to comply with an 
international agreement (MARPOL 73/78), to which the U.S. is a 
signatory, in order to reduce the possibility of an accidental oil 
spill/discharge during a STS transfer operation.
    Need for Information: These provisions of the proposed rule 
incorporate the new Chapter 8 of the 2009 Amendments to Annex I 
adopted in MEPC.186(59) adopted in the 2009 Amendments to Annex I. 
The 2009 Amendments to Annex I relate to regulations covering STS 
operations. This Amendment entered into force on January 1, 2011 for 
all nations that are signatory to MARPOL 73/78.
    Proposed Use of Information: The Coast Guard uses this 
information to confirm that each ship involved in STS Operations is 
in compliance with the new Chapter 8 of the 2009 Amendments to 
MARPOL 73/78. This procedural information documents that each ship 
involved in STS Operations is compliant with industry guidelines 
designed to ensure against oil discharges in STS Operations.
    Description of the Respondents: This ICR would apply to oil 
tankers and tank barges who engage in STS Operations.
    Number of Respondents: The current approval number of responses 
is 1,210, which represents 842 non-tank vessels and 368 tank ships 
and barges. The proposed rule would require additional reporting 
from tank ships and barges whose population is currently 512. The 
increase in the number of respondents would be 144 ships (512-368).
    Frequency of Response: The frequency of response is a non-
recurring burden for the initial preparation of an STS Operations 
Plan and the recurring annual burden for updates to the plan and 
familiarization (training) of responsible persons.
    Burden of Response: The preparation of the STS Operations Plan 
involves the development of twelve procedures and we have estimated 
that most procedures would take approximately twelve hours to 
complete. The general requirements of the STS Operations Plan 
involve definitions of the responsibilities of the person in overall 
advisory control; descriptions of the required notifications to 
authorities; and general procedures for submitting radio 
navigational warnings and where copies of the STS Operations Plan 
should be located. The recurring burden of the plan has two 
components: training of 5 hours per vessel per year; and plan 
revisions of 9 hours per vessel per year. The calculations for the 
non-recurring costs of plan preparation are shown in Table 7 and the 
calculations for the recurring annual costs are shown in Table 8.
    Estimate of Total Annual Burden: The current annual burden for 
this collection is 2,067 hours. The proposed rule would increase the 
total burden by a non-recurring requirement of approximately 69,120 
hours for preparation of the STS Operations Plan and a recurring 
burden of approximately 7,168 hours.

[[Page 21373]]



                                                                    Table 6--Recurring Annual Burden--Oil Record Book Entries
                                                                                 [OMB control number 1625-0009]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Current Collection of Information                                 Amended Collection of Information                              Change from
                                     -------------------------------------------------------   Total   -------------------------------------------------------    Total         proposed rule
                                                                                    Annual     annual                                                 Annual   annual cost ---------------------
       Oil Record Book entries         Entries     Burden   Number of    Burden    cost to    cost to    Entries     Burden   Number of    Burden    cost to        to
                                       per ship  hours per    ships      hours     industry   industry   per ship  hours per    ships      hours     industry    industry   Change in  Change in
                                       per year    entry                           per hour              per year    entry                           per hour                 hours       cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Oil Tankers.........................        540    0.04167         61      1,372     $99.00   $135,890        762    0.04167         51      1,619     $99.00     $160,320        247    $24,430
Tank Barges.........................        540    0.04167        461     10,372      72.00    746,880        762    0.04167        461     14,638      72.00    1,053,930      4,264    307,050
Non-Oil Vessels.....................        180    0.04167      1,024      7,680      72.00    553,000        254    0.04167      1,160     12,278      72.00      883,990      4,593    330,990
                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------
    Totals..........................  .........  .........      1,546     19,425  .........  1,435,770  .........  .........      1,672     28,535  .........    2,098,240      9,105    662,470
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.


[[Page 21374]]


                                Table 7--Burden of Reporting From STS Operations Plan Requirements: Non-Recurring Burden
                                                           [OMB control number 1625-00090041]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Amended requirement--plan preparation  (non-
                                                                                                         recurring burden)
                Ship type                     Number of         Current  requirement     ------------------------------------------------  Total change
                                                ships                                      Burden hours                     Total non-       in hours
                                                                                             per ship      Cost per hour  recurring cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oil Tanker...............................              51  .............................             135          $36.00        $247,860           6,885
Tank Barge...............................             461  .............................             135           36.00       2,240,460          62,235
                                          --------------------------------------------------------------------------------------------------------------
    Total................................             512  .............................  ..............  ..............       2,448,320          69,120
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.


                                  Table 8--Burden of Reporting From STS Operations Plan Requirements: Recurring Burden
                                                           [OMB control number 1625-00090041]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Amended requirement--STS operations plan   Amended requirement--STS operations plan
                                                    training  (recurring burden)               revision  (recurring burden)
                                            ---------------------------------------------------------------------------------------   Total      Total
     Ship type       Number of    Current                                                                                  Total    recurring  change in
                       ships    requirement   Burden hours    Cost per       Total       Burden hours                    recurring    costs      hours
                                                per ship        hour       recurring       per ship      Cost per hour  cost--plan
                                                                        cost--training                                    revision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oil Tanker.........         51  ...........               5     $43.70       $11,144                 9          $36.00     $16,524    $27,668        714
Tank Barge.........        461  ...........               5      43.70       100,729                 9           36.00     149,364    250,093      6,454
                    ------------------------------------------------------------------------------------------------------------------------------------
    Total..........        512  ...........  ..............  .........       111,873    ..............  ..............     165,888    277,761      7,168
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Numbers may not add due to rounding.

    If you submit comments on the COI, submit them both to OMB and to 
the Docket Management Facility where indicated under ADDRESSES in the 
Notice of Proposed Rulemaking [USCG-2010-0194], by the date under 
DATES.

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. The U.S. Supreme Court has long 
recognized the field preemptive impact of the Federal regulatory regime 
for inspected vessels. See, e.g., Kelly v. Washington ex rel Foss Co., 
302 U.S. 1 (1937) and the consolidated cases of United States v. Locke 
and Intertanko v. Locke, 529 U.S. 89, 113-116 (2000). Therefore the 
Coast Guard's view is that regulations issued under the authority of 33 
U.S.C. 1903 and 46 U.S.C. 3306 in the areas of design, construction, 
alteration, operation, hulls, fittings, equipment, appliances, 
propulsion machinery, auxiliary machinery, piping, and material safety 
labeling have preemptive effect over State regulation in these fields, 
regardless of whether the Coast Guard has issued regulations on the 
subject or not, and regardless of the existence of conflict between the 
State and Coast Guard regulation. For this reason, we do not believe 
that this rule has Federalism implications.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, as these categories are within a field foreclosed 
from regulation by the States (see U.S. v. Locke, above), the Coast 
Guard recognizes the key role State and local governments may have in 
making regulatory determinations. Additionally, Sections 4 and 6 of 
Executive Order 13132 require that for any rules with preemptive 
effect, the Coast Guard shall provide elected officials of affected 
State and local governments and their representative national 
organizations the notice and opportunity for appropriate participation 
in any rulemaking proceedings, and to consult with such officials early 
in the rulemaking process. Therefore, we invite affected State and 
local governments and their representative national organizations to 
indicate their desire for participation and consultation in this 
rulemaking process by submitting comments to the docket using one of 
the methods specified under ADDRESSES. In accordance with Executive 
Order 13132, the Coast Guard will provide a federalism impact statement 
to document (1) the extent of the Coast Guard's consultation with State 
and local officials that submit comments to this proposed rule, (2) a 
summary of the nature of any concerns raised by State or local 
governments and the Coast Guard's position thereon, and (3) a statement 
of the extent to which the concerns of State and local officials have 
been met.

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 or more 
(adjusted for inflation) in any one year. Though this proposed rule 
would not result in such expenditure, we do discuss the effects of this 
rule elsewhere in this preamble and in the Regulatory Analysis.

G. Taking of Private Property

    This proposed rule would not affect 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

[[Page 21375]]

Risks. This 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 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 (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
OMB, 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 
standards:


    1. Ship to Ship Transfer Guide, Petroleum,
    2. Manual on Oil Pollution, Section I: Pollution,
    3. Guide to Helicopter/Ship Operations, and
    4. ISO 8217:2005, Petroleum products.

    The proposed sections that reference these standards and the 
locations where these standards are available are listed in 33 CFR 
155.140, 33 CFR 156.111, 33 CFR 157.02, and 46 CFR 197.810.
    If you disagree with our analysis of the voluntary consensus 
standards 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 analysis and/or identify 
voluntary consensus standards we have 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 (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 rule involves regulations 
which are editorial or procedural; regulations concerning manning, 
documentation, admeasurement, inspection, and equipping of vessels; and 
congressionally mandated regulations. This rule falls under section 
2.B.2, figure 2-1, paragraphs 34(a) and (d) of the Instruction and 
under section 6(b) of the ``Appendix to National Environmental Policy 
Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final 
Agency Policy'' (67 FR 48244, July 23, 2002). We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 155

    Alaska, Hazardous substances, Incorporation by reference, Oil 
pollution, Reporting and recordkeeping requirements.

33 CFR Part 156

    Hazardous substances, Incorporation by reference, Oil pollution, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 157

    Cargo vessels, Incorporation by reference, Oil pollution, Reporting 
and recordkeeping requirements.

46 CFR Part 197

    Benzene, Diving, Incorporation by reference, Marine safety, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 151, 155, 156, and 157, and 46 CFR part 197, as 
follows:

Title 33--Navigation and Navigable Waters

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

    1. The authority citation for part 151 continues to read as 
follows:

    Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L. 
104-227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp. p. 351; 
Department of Homeland Security Delegation No. 170.1.

    2. Amend Sec.  151.05 as follows:
    a. Remove the second definition for ``Oily mixture'' that reads 
``Oily mixture means a mixture with any oil content, including bilge 
slops, oily wastes, oil residues (sludge), oily ballast water, and 
washings from cargo oil tanks'';
    b. Relocate, in alphabetical order, the definitions for ``Oil-like 
NLS'' and ``Oil tanker'';
    c. Revise the definition for ``Oil residue'' as set out below; and
    d. Add new definitions, in alphabetical order, for ``Oil residue 
(sludge)'', ``Oil residue (sludge) tank'', ``Oily bilge water'', and 
``Oily bilge water holding tank'', as set out below.


Sec.  151.05  Definitions.

* * * * *
    Oil residue means oil cargo residue.
    Oil residue (sludge) means the residual waste oil products 
generated during the normal operation of a ship such as those resulting 
from the purification of fuel or lubricating oil for main or auxiliary 
machinery, separated waste oil from oil filtering equipment, waste oil 
collected in drip trays, and waste hydraulic and lubricating oils.
    Oil residue (sludge) tank means a tank which holds oil residue 
(sludge) from which sludge may be disposed directly through the 
standard discharge

[[Page 21376]]

connection or any other approved means of disposal.
* * * * *
    Oily bilge water means water which may be contaminated by oil 
resulting from things such as leakage or maintenance work in machinery 
spaces. Any liquid entering the bilge system including bilge wells, 
bilge piping, tank top or bilge holding tanks is considered oily bilge 
water.
    Oily bilge water holding tank means a tank collecting oily bilge 
water prior to its discharge, transfer or disposal.
* * * * *
    3. In Sec.  151.13, revise paragraph (a) to read as follows:


Sec.  151.13  Special areas for Annex I of MARPOL 73/78.

    (a) For the purposes of Sec. Sec.  151.09 through 151.25 of this 
subpart, the special areas are the Mediterranean Sea area, the Baltic 
Sea area, the Black Sea area, the Red Sea area, the Gulfs area, the 
Gulf of Aden, the Antarctic area, the North West European waters, the 
Oman area of the Arabian Sea, and the Southern South African Waters, 
which are described in Sec.  151.06 of this subpart. The discharge 
restrictions are effective in the Mediterranean Sea, Baltic Sea, Black 
Sea, and the Antarctic area.
* * * * *
    4. In Sec.  151.25, revise paragraphs (d)(3), (d)(4), (e)(9), and 
(e)(10), and add paragraphs (d)(5), (d)(6), and (e)(11) to read as 
follows:


Sec.  151.25  Oil Record Book.

* * * * *
    (d) * * *
    (3) Disposal of oil residue;
    (4) Discharge overboard or disposal otherwise of bilge water that 
has accumulated in machinery spaces;
    (5) Bunkering of fuel or bulk lubricating oil; and
    (6) Any failure, and the reasons for, of the oil filtering 
equipment.
    (e) * * *
    (9) Closing of valves necessary for isolation of dedicated clean 
ballast tanks from cargo and stripping lines after slop tank discharge 
operations;
    (10) Disposal of oil residue; and
    (11) Any failure, and the reasons for, of the oil discharge 
monitoring and control system.
* * * * *

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

    5. The authority citation for part 155 continues to read as 
follows:

    Authority:  33 U.S.C. 1231, 1321(j), 1903; 46 U.S.C. 3703; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; Department of 
Homeland Security Delegation No. 0170.1. Sections 155.100 through 
155.130, 150.350 through 155.400, 155.430, 155.440, 155.470, 
155.1030(j) and (k), and 155.1065(g) are also issued under 33 U.S.C. 
1903(b). Section 155.490 also issued under section 4110(b) of Pub. 
L. 101-380. Sections 155.1110 through 155.1150 also issued under 33 
U.S.C. 2735.

    6. In Sec.  155.140, add paragraph (d)(3) to read as follows:


Sec.  155.140  Incorporation by reference.

* * * * *
    (d) * * *
    (3) MARPOL 73/78, Annex I, regulation 12A, incorporation by 
reference approved for Sec.  155.250.
* * * * *
    7. Add Sec.  155.250 to read as follows:


Sec.  155.250  Oil fuel tank protection.

    Each ship with an aggregate oil fuel capacity of 600 cubic meters 
or more that is delivered on or after August 1, 2010, must meet the 
minimum standard of oil fuel tank protection required by Annex I, 
regulation 12A (incorporated by reference, see Sec.  155.140).
    8. In Sec.  155.360, revise paragraph (a)(1), add paragraph (a)(3), 
revise paragraph (b) introductory text, and add paragraph (b)(3) to 
read as follows:


Sec.  155.360  Oily mixture (bilge slops) discharges on oceangoing 
ships of 400 gross tons and above but less than 10,000 gross tons, 
excluding ships that carry ballast water in their fuel oil tanks.

    (a)(1) Except as provided in paragraph (a)(3) of this section, no 
person may operate an oceangoing ship of 400 gross tons and above but 
less than 10,000 gross tons, excluding a ship that carries ballast 
water in its fuel oil tanks, unless it is fitted with approved 15 parts 
per million (ppm) oily-water separating equipment for the processing of 
oily mixtures from bilges or fuel oil tank ballast.
* * * * *
    (3) Any ship certified under the International Code of Safety for 
High-Speed Craft engaged on a scheduled service with a turn-around time 
not exceeding 24 hours and covering also non-passenger/cargo-carrying 
relocation voyages for these ships need not be provided with oil 
filtering equipment. These ships must be fitted with an oily bilge 
water holding tank having a volume adequate for the total retention 
onboard of the oily bilge water. All oily bilge water must be retained 
onboard for subsequent discharge to reception facilities.
    (b) No person may operate a ship under this section unless it is 
fitted with an oil residue (sludge) tank or tanks of adequate capacity 
to receive the oil residue that cannot be dealt with otherwise.
* * * * *
    (3) Ships subject to this section must--
    (i) Be provided with a designated pump for disposal that is capable 
of taking suction from the oil residue (sludge) tank(s); and
    (ii) Have no discharge connections to the bilge system, oily bilge 
water holding tank(s), tank top or oily water separators except that 
the tank(s) may be fitted with drains, with manually operated self-
closing valves and arrangements for subsequent visual monitoring of the 
settled water, that lead to an oily bilge water holding tank or bilge 
well, or an alternative arrangement, provided such arrangement does not 
connect directly to the bilge piping system.
* * * * *
    9. In Sec.  155.370, revise paragraph (a) introductory text, add 
paragraph (a)(5), revise paragraph (b) introductory text and add 
paragraph (b)(3) to read as follows:


Sec.  155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of 10,000 gross tons and above and 
oceangoing ships of 400 gross tons and above that carry ballast water 
in their fuel oil tanks.

    (a) Except as provided in paragraph (a)(5) of this section, no 
person may operate an oceangoing ship of 10,000 gross tons and above, 
or any oceangoing ship of 400 gross tons and above, that carries 
ballast water in its fuel oil tanks, unless it has--
* * * * *
    (5) Any ship certified under the International Code of Safety for 
High-Speed Craft engaged on a scheduled service with a turn-around time 
not exceeding 24 hours and covering also non-passenger/cargo-carrying 
relocation voyages for these ships need not be provided with oil 
filtering equipment. These ships must be fitted with an oily bilge 
water holding tank having a volume adequate for the total retention 
onboard of the oily bilge water. All oily bilge water must be retained 
onboard for subsequent discharge to reception facilities.
* * * * *
    (b) No person may operate a ship under this section unless it is 
fitted with an oil residue (sludge) tank or tanks of adequate capacity 
to receive the oil residue that cannot be dealt with otherwise.
* * * * *
    (3) Ships subject to this section must--

[[Page 21377]]

    (i) Be provided with a designated pump for disposal that is capable 
of taking suction from the oil residue (sludge) tank(s); and
    (ii) Have no discharge connections to the bilge system, oily bilge 
water holding tank(s), tank top or oily water separators except that 
the tank(s) may be fitted with drains, with manually operated self-
closing valves and arrangements for subsequent visual monitoring of the 
settled water, that lead to an oily bilge water holding tank or bilge 
well, or an alternative arrangement, provided such arrangement does not 
connect directly to the bilge piping system.
* * * * *

PART 156--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

    10. The authority citation for part 156 continues to read as 
follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715, 6101; 
E.O. 11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) is 
also issued under 46 U.S.C. 3703.

    11. Revise Sec.  156.111 to read as follows:


Sec.  156.111  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
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 Compliance (CG-543), 2100 2nd Street SW., 
Washington, DC 20593-0001, telephone 202-372-1251, 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) Oil Companies International Marine Forum (OCIMF), 15th Floor, 
96 Victoria Street, London SW1E 5JW, England, telephone +44(0)20 7654 
1200, http://www.ocimf.com/.
    (1) Ship to Ship Transfer Guide, Petroleum, Fourth Edition, 2005, 
incorporation by reference approved for Sec.  156.330(b), Sec.  
156.410(c)(2), and Sec.  156.410(f).
    (2) [Reserved]
    (c) International Maritime Organization (IMO), 4 Albert Embankment, 
London SE1 7SR, United Kingdom, telephone +44(0)20 7735 7611, http://www.imo.org/.
    (1) Manual on Oil Pollution, Section I: Prevention, as amended, 
incorporation by reference approved for Sec.  156.410(c)(2), and Sec.  
156.410(f).
    (2) [Reserved]
    (d) International Chamber of Shipping, 12 Carthusian Street, London 
EC1M 6EB, England, telephone +44 20 7417 8844, http://www.marisec.org/.
    (1) Guide to Helicopter/Ship Operations, Fourth Edition, 2009, 
incorporation by reference approved for Sec.  156.330(c).
    (2) [Reserved]


Sec.  156.200  [Amended]

    12. In Sec.  156.200 after the words ``when conducting response 
activities'' add the words ``, or to tank vessels of 150 gross tons or 
more engaged in the transfer of oil cargo between tank vessels at sea 
on or after April 1, 2012.''.


Sec.  156.205  [Amended]

    13. In Sec.  156.205 revise the definition of Lightering or 
Lightering operation to read as follows:


Sec.  156.205  Definitions.

* * * * *
    Lightering or Lightering operation means the transfer of a cargo of 
oil in bulk from one oil tanker less than 150 gross tons to another oil 
tanker less than 150 gross tons, or a cargo of hazardous material in 
bulk from one vessel to another, including all phases of the operation 
from the beginning of the mooring operation to the departure of the 
service vessel from the vessel to be lightered, except when that cargo 
is intended only for use as fuel or lubricant aboard the receiving 
vessel.
    14. In Sec.  156.330, revise paragraphs (b) and (c) to read as 
follows:


Sec.  156.330  Operations.

* * * * *
    (b) Lightering operations should be conducted in accordance with 
the Oil Companies International Marine Forum (OCIMF) Ship to Ship 
Transfer Guide, Petroleum, Fourth Edition, 2005 (incorporated by 
reference, see Sec.  156.111) to the maximum extent practicable.
    (c) Helicopter operations should be conducted in accordance with 
the International Chamber of Shipping Guide to Helicopter/Ship 
Operations, Fourth Edition, 2009 (incorporated by reference, see Sec.  
156.111) to the maximum extent practicable.
* * * * *
    15. Add subpart D, consisting of Sec. Sec.  156.400 through 
156.420, to read as follows:
Subpart D--Prevention of Pollution During Transfer of Oil Cargo Between 
Oil Tankers at Sea
Sec.
156.400 Applicability.
156.405 Definitions.
156.410 General.
156.415 Notification.
156.420 Reporting of Incidents.


Sec.  156.400  Applicability.

Subpart D--Prevention of Pollution During Transfer of Oil Cargo 
Between Oil Tankers at Sea

    (a) This subpart applies to oil tankers engaged in the ship-to-ship 
transfer of oil cargo between oil tankers (STS Operations), and to 
their STS Operations conducted on or after April 1, 2012, when at least 
one of the oil tankers is of 150 gross tonnage and above. These rules 
are in addition to the rules of subpart A of this part, as well as the 
rules in the applicable sections of parts 151, 153, 155, 156, and 157 
of this chapter.
    (b) This subpart does not apply to STS Operations--
    (1) If the oil cargo is intended only for use as a fuel or 
lubricant aboard the receiving vessel (bunker operations);
    (2) When the oil transfer operation is for the purpose of securing 
the safety of a ship, saving life at sea, or addressing specific 
pollution incidents to minimize damage from pollution; or
    (3) When at least one of the ships involved in the oil transfer 
operation is a warship or a naval auxiliary or other ship owned or 
operated by a nation and used, at the time of the transfer, in 
government noncommercial service only.
    (4) When the STS Operations are necessary for the purpose of 
securing the safety of a ship or saving life at sea, or for combating 
specific pollution incidents in order to minimize the damage from 
pollution; except that such vessels are subject to the requirements of 
Sec.  156.420.


Sec.  156.405  Definitions.

    (a) In addition to the definitions specifically stated in this 
section, the definitions in Sec.  154.105 of this chapter apply to this 
subpart except definitions for Tank Barge, Tank Ship and Tank Vessel.
    (b) Definitions specific to this part--
    Authorized Classification Society means a recognized classification 
society that has been delegated the authority to conduct certain 
functions

[[Page 21378]]

and certifications on behalf of the Coast Guard.
    Flag State means the authority under which a country exercises 
regulatory control over the commercial vessel which is registered under 
its flag. This involves the inspection, certification, and issuance of 
safety and pollution prevention documents.
    Marine environment means--
    (1) The navigable waters of the United States;
    (2) The waters of an area over which the United States asserts 
exclusive fishery management authority; and
    (3) The waters superjacent to the Outer Continental Shelf of the 
United States.
    Oil tanker means a vessel that is constructed or adapted primarily 
to carry crude oil or products in bulk as cargo. This includes a tank 
barge, a tankship, and a combination carrier, as well as a vessel that 
is constructed or adapted primarily to carry noxious liquid substances 
in bulk as cargo and which also carries crude oil or products in bulk 
as cargo.
    STS Operations means the transfer of oil cargo carried in bulk from 
one oil tanker to another at sea, when at least one of the oil tankers 
is of 150 gross tonnage and above.


Sec.  156.410  General.

    (a) After April 1, 2012, oil tankers subject to this subpart, and 
for each U.S. oil tanker, wherever located, subject to this subpart, 
shall carry onboard an STS Operations Plan that prescribes how that 
vessel will conduct STS Operations.
    (b) Any oil tanker subject to this subpart must carry onboard an 
STS Operations Plan, prescribing how to conduct STS Operations, no 
later than the date of the first annual, intermediate, or renewal 
survey of the oil tanker, which must be carried out on or after January 
1, 2011.
    (c) The STS Operations Plan must be--
    (1) Written in the working language of the oil tanker's crew;
    (2) Developed using the information contained in the best practice 
guidelines for STS Operations identified in the IMO Manual on Oil 
Pollution, Section 1: Prevention, as amended, and in the ICS and OCIMF 
Ship to Ship Transfer Guide (Petroleum), fourth edition, 2005 (both 
documents are incorporated by reference, see Sec.  156.111); and
    (3) Approved by the vessel's Flag State for oil tankers operated 
under the authority of a country other than the United States. For U.S. 
oil tankers, the STS Operations Plan must be approved by the Commandant 
(CG-5431) or an Authorized Classification Society.
    (d) When chapter IX of the International Convention for the Safety 
of Life at Sea, 1974, as amended is applicable to the vessel, the STS 
Operations Plan may be incorporated into an existing required Safety 
Management System.
    (e) Any oil tanker subject to this subpart must comply with the 
vessel's approved STS Operations Plan while engaging in STS Operations.
    (f) The person in overall advisory control of STS Operations must 
be qualified to perform all relevant duties, taking into account the 
qualifications found in the best practice guidelines for STS Operations 
identified in the IMO Manual on Oil Pollution, Section I: Prevention, 
as amended, and in the ICS and OCIMF Ship to Ship Transfer Guide 
(Petroleum), fourth edition, 2005 (both documents are incorporated by 
reference, see Sec.  156.111).
    (g) In addition to any records required by the vessel's approved 
STS Operations Plan, each STS operation must be recorded in the oil 
tanker's Oil Record Book, required by Sec.  151.25 of this chapter.
    (h) All records of STS Operations shall be retained onboard for 3 
years and be readily available for inspection.
    (i) No oil tanker may transfer oil in a port or place subject to 
the jurisdiction of the United States, if the oil cargo has been 
transferred by an STS Operation in the marine environment beyond the 
baseline, unless:
    (1) Both oil tankers engaged in the STS Operation have, onboard, at 
the time of transfer all certificates required by this chapter for 
transfer of oil cargos, including a valid Certificate of Inspection or 
Certificate of Compliance, as applicable to any transfer of oil taking 
place in a port or place subject to the jurisdiction of the United 
States;
    (2) Both oil tankers engaged in the STS operation have onboard at 
the time of transfer, evidence that each vessel is operating in 
compliance with the National Response System as described in section 
311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)). 
Additionally, the vessels must comply with the Declaration of 
Inspection requirements delineated in Sec.  156.150 and a vessel 
response plan if required under part 155 of this chapter; and
    (3) Both oil tankers engaged in STS Operations have onboard, at the 
time of transfer, an International Oil Pollution Prevention (IOPP) 
Certificate or equivalent documentation of compliance with Annex I, as 
would be required by part 151 of this chapter for vessels in navigable 
waters of the United States. The IOPP Certificate or documentation of 
compliance shall be that prescribed by Sec. Sec.  151.19 and 151.21 of 
this chapter, and shall be effective under the same timetable as 
specified in Sec.  151.19.
    (j) In an emergency, the Captain of the Port (COTP), upon request, 
may authorize a deviation from any requirement in this part if the COTP 
determines that its application will endanger persons, property, or the 
environment.


Sec.  156.415  Notification.

    (a) Except as provided for in paragraph (g) of this section, the 
master, owner or agent of each oil tanker subject to this subpart 
planning to conduct STS Operations in the territorial sea or exclusive 
economic zone of the United States must give at least 48 hours advance 
notice to the COTP nearest the geographic position chosen to conduct 
these operations. This advance notice must include:
    (1) The oil tanker's name, call sign or official number, and 
registry;
    (2) The cargo type and approximate amount onboard;
    (3) The number of transfers expected, the amount of cargo expected 
to be transferred during each transfer, and whether such transfer will 
be conducted at anchor or underway;
    (4) The date, estimated time of arrival, and geographical location 
at the commencement of the planned STS Operations;
    (5) The estimated duration of STS Operations;
    (6) Whether STS operations are to be conducted at anchor or 
underway;
    (7) The name and destination of receiving oil tanker(s);
    (8) Identification of STS Operations service provider or person in 
overall advisory control and contact information; and
    (9) Confirmation that the oil tanker has onboard an approved STS 
Operations Plan.
    (c) If the estimated arrival time of an oil tanker to the reported 
geographic location for the commencement of STS operation changes by 
more than 6 hours, the master, owner, or agent of that oil tanker must 
provide a revised estimated time of arrival to the COTP.
    (d) Where STS Operations are conducted as a result of collision, 
grounding, tank rupture or any similar emergency, the master, owner, or 
agent of a vessel must give immediate notice to the Coast Guard office.
    (e) In addition to the other requirements in this section, the 
master, owner, or agent of a vessel that requires a Certificate of 
Compliance (COC) or other special Coast Guard inspection in

[[Page 21379]]

order to conduct STS Operations must request the COC or other 
inspection from the cognizant Officer in Charge, Marine Inspection 
(OCMI) at least 72 hours prior to commencement of STS Operations.
    (f) The STS Operation advanced notice is in addition to the 
Notification of Arrival requirements in 33 CFR Part 160.
    (g) The master, owner or agent of each oil tanker subject to this 
subpart planning to conduct STS Operations in a designated lightering 
zone must give at least 24 hours advance notice to the COTP nearest the 
geographic position chosen to conduct these operations. This advance 
notice must include the items listed in paragraph (a) of this section.
    (h) If STS operations are conducted under exigent circumstances to 
secure the safety of a ship, save life at sea, or combat specific 
incidents in order to minimize the damage from pollution within the 
territorial sea or exclusive economic zone of the United States, the 
master, owner, or agent of each oil tanker subject this subpart shall 
provide notice with adequate explanation, as soon as practicable, to 
the COTP nearest the geographic position where the exigent STS 
operation took place.


Sec.  156.420  Reporting of incidents.

    (a) Any vessel affected by fire, explosion, collision, grounding, 
or any similar emergency that poses a threat to the vessel(s) engaged 
in STS Operations must report the incident to the nearest Coast Guard 
office.
    (b) The receiving vessel in an STS operation must report, in 
accordance with the procedures specified in Sec.  151.15 of this 
chapter, any incident of discharge of oil into the water.
    (c) Immediately after the addressing of resultant safety concerns, 
all marine casualties must be reported to the nearest COTP, Sector 
Office, Marine Inspection Office, or OCMI in accordance with 46 CFR 
part 4.

PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT 
RELATING TO TANK VESSELS CARRYING OIL IN BULK

    16. The authority citation for part 157 continues to read as 
follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 
Department of Homeland Security Delegation No. 0170.1. Subparts G, 
H, and I are also issued under section 4115(b), Pub. L. 101-380, 104 
Stat. 520; Pub. L. 104-55, 109 Stat. 546.
    17. In Sec.  157.02, add paragraphs (b)(9) and (b)(10) to read as 
follows:


Sec.  157.02  Incorporation by reference: Where can I get a copy of the 
publications mentioned in this part?

* * * * *
    (b) * * *
    (9) MARPOL 73/78, Annex I, regulation 22, incorporation by 
reference approved for Sec.  157.14.
    (10) MARPOL 73/78, Annex I, regulation 23, incorporation by 
reference approved for Sec.  157.20.
* * * * *
    18. In Sec.  157.08, add paragraph (o) to read as follows:


Sec.  157.08  Applicability of subpart B.

* * * * *
    (o) Section 157.11(h) applies to every oil tanker delivered on or 
after January 1, 2010, meaning an oil tanker--
    (1) For which the building contract is placed on or after January 
1, 2007;
    (2) In the absence of a building contract, the keel of which is 
laid or which is at a similar stage of construction on or after July 1, 
2007;
    (3) The delivery of which is on or after January 1, 2010; or
    (4) That has undergone a major conversion--
    (i) For which the contract is placed on or after January 1, 2007;
    (ii) In the absence of a contract, the construction work of which 
is begun on or after July 1, 2007; or
    (iii) That is completed on or after January 1, 2010.
    19. In Sec.  157.11, add paragraph (h) to read as follows:


Sec.  157.11  Pumping, piping and discharge arrangements.

* * * * *
    (h) Every oil tanker of 150 gross tons or more delivered on or 
after January 1, 2010, as defined in Sec.  157.08(o), that has 
installed a sea chest that is permanently connected to the cargo 
pipeline system, must be equipped with both a sea chest valve and an 
inboard isolation valve. The sea chest must be able to be isolated from 
the cargo piping system by use of a positive means while the tanker is 
loading, transporting, or discharging cargo. This positive means must 
be installed in the pipeline in such a way as to prevent, under all 
circumstances, the section of pipe between the sea chest valve and the 
inboard valve from being filled with cargo.
    20. Add Sec.  157.14 to read as follows:


Sec.  157.14  Pump-room bottom protection.

    Each oil tanker of 5,000 tons deadweight or more constructed on or 
after January 1, 2007, must meet the minimum standard of pump room 
bottom protection required by MARPOL 73/78, as amended, Annex I, 
regulation 22 (incorporated by reference, see Sec.  157.02).
    21. Amend Sec.  157.19 as follows:
    a. Revise paragraph (a) introductory text to read as set out below;
    b. Redesignate paragraphs (b) through (e) as paragraphs (c) through 
(f), respectively; and
    c. Add new paragraph (b) to read as follows:


Sec.  157.19  Cargo tank arrangement and size.

    (a) With the exception of those vessels listed in paragraph (b) of 
this section, this section applies to:
* * * * *
    (b) This section does not apply to U.S. or foreign oil tankers 
delivered on or after January 1, 2010.
* * * * *
    22. Add Sec.  157.20 to read as follows:


Sec.  157.20  Accidental oil outflow performance.

    Each oil tanker which is delivered on or after January 1, 2010 must 
meet the minimum standard of accidental oil outflow performance 
required by MARPOL 73/78 Annex I, regulation 23 (incorporated by 
reference, see Sec.  157.02).

Title 46--Shipping

PART 197--GENERAL PROVISIONS

    23. The authority citation for part 197 continues to read as 
follows:

    Authority: 33 U.S.C. 1509; 43 U.S.C. 1333; 46 U.S.C. 3306, 3703, 
6101; Department of Homeland Security Delegation No. 0170.1.

    24. Revise Sec.  197.205 by adding paragraph (b)(3) and (b)(4) to 
read as follows:


Sec.  197.205  Availability of standards.

* * * * *
    (b) * * *
    (3) International Standards Organization, ISO Central Secretariat, 
1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland.
    (4) International Maritime Organization, 4 Albert Embankment, 
London SE1 7SR, United Kingdom.
    25. Add subpart D, consisting of Sec. Sec.  197.801 through 
197.820, to read as follows:
Subpart D--Hazard Notification
Sec.
197.801 Applicability.
197.805 Definitions.
197.810 Incorporation by reference.
197.820 MSDS Certificates.
Appendix A to Subpart D--Recommendations for Material Safety Data 
Sheets (MSDS) for Marine Use That Meet the Particular Needs of the 
Marine Industry and Contain Safety, Handling, and Environmental 
Information To Be

[[Page 21380]]

Supplied to a Ship Prior to the Loading of Annex I Type Oil as Cargo 
in Bulk and the Bunkering of Oil Fuel
Appendix B to Subpart D--Guidelines for the Completion of MSDS for 
the Annex I Type Oil as Cargo in Bulk and Oil Fuel

Subpart D--Hazard Notification


Sec.  197.801  Applicability.

    This subpart applies to all vessels subject to SOLAS 1974, 
including tank ships and barges that are carrying the liquids listed in 
MARPOL 73/78, Annex I List of Oils, in bulk as cargo or as oil fuel.


Sec.  197.805  Definitions.

    As used in this subpart:
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973 (done at London, November 2, 1973), 
modified by the Protocol of 1978 relating to the International 
Convention for the Prevention of Pollution from Ships, 1973 (done at 
London, February 17, 1978).
    Oil means petroleum, whether in solid, semi-solid, emulsified, or 
liquid form, including, but not limited to, crude oil, fuel oil, 
sludge, oil refuse, oil residue, and refined products. This term also 
includes the substances listed in Appendix I of Annex I of MARPOL 73/
78. This term does not include animal- and vegetable-based oil or 
noxious liquid substances (NLS) designated under Annex II of MARPOL 73/
78.
    Oil fuel means oil used as fuel for machinery in the vessel in 
which it is carried.
    SOLAS 1974 means the International Convention for the Safety of 
Life at Sea, as amended.


Sec.  197.810  Incorporation by reference.

    (a) Certain materials are incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 522(a) and 1 CFR part 51. To enforce any edition other 
than the one (b) 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 U.S. 
Coast Guard, Office of Operating and Environmental Standards (CG-522), 
2100 Second Street SW., Washington, DC 20593-0001 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. All approved material is available 
from the sources indicated in paragraph (b) of this section.
    (b) International Maritime Organization (IMO) Publications Section, 
International Maritime Organization, 4 Albert Embankment, London SE1 
7SR, United Kingdom
    (1) Appendix 1 to Annex I of the International Convention for the 
Prevention of Pollution from Ships, 1973, as modified by the Protocol 
of 1978 relating to that convention (MARPOL 73/78), incorporation by 
reference approved for Sec. Sec.  197.805 and 197.820.
    (2) [Reserved]


Sec.  197.820  MSDS Certificates.

    (a) Each vessel subject to SOLAS 1974 must carry a Material Safety 
Data Sheet (MSDS) for each Annex I cargo and ship fuel carried in bulk 
after January 1, 2011.
    (b) The data in the MSDS may be either specific to the individual 
cargo or fuel oil or it may be generic for that cargo or fuel oil.
    (c) Due to the human health hazards from benzene and hydrogen 
sulfide, and to the fact that sulfur can form hydrogen sulfide, the 
MSDS must contain the benzene, hydrogen sulfide, and sulfur 
concentration ranges and their related health hazards.
    (d) The MSDS information must be in the English language. However, 
if the crew cannot understand English, the MSDS must also be in the 
working language or languages of the ship.
    (e) Appendix A to Subpart D contains a non-mandatory example of one 
format for the MSDS.
    (f) Appendix B to Subpart D contains guidelines for completing the 
MSDS Appendix A to Subpart D.

Appendix A to Subpart D--Recommendations for Material Safety Data 
Sheets (MSDS) for Marine Use That Meet the Particular Needs of the 
Marine Industry and Contain Safety, Handling, and Environmental 
Information To Be Supplied to a Ship Prior to the Loading of Annex I 
Type Oil as Cargo in Bulk and the Bunkering of Oil Fuel

----------------------------------------------------------------------------------------------------------------
        Section                       Heading                                      Content
----------------------------------------------------------------------------------------------------------------
1......................  Identification of the substance    <bullet> Name of the category. See guidance in Annex
                          or mixture and of the supplier.    II for Annex I type oil cargoes and oil fuels.
                                                            <bullet> The name of the substances.
                                                            <bullet> Trade name of the substances.
                                                            <bullet> Description on Bill of Lading (B/L), Bunker
                                                             Delivery Note or other shipping document.
                                                            <bullet> Other means of identification.
                                                            <bullet> Suppliers details (including name, address,
                                                             telephone number, etc.).
                                                            <bullet> Emergency telephone number.
2......................  Hazards identification...........  <bullet> GHS* classification of the substance/
                                                             mixture and any regional information.
                                                            <bullet> Other hazards which do not result in
                                                             classification (e.g., hydrogen sulphide) or are not
                                                             covered by the GHS. See Guidelines in Annex II.
3......................  Composition/information on         <bullet> Common name, synonyms, etc.
                          ingredients.
                                                            <bullet> Impurities and stabilizing additives which
                                                             are themselves classified and which contribute to
                                                             the classification of the substances.
                                                            <bullet> The chemical identity and concentration or
                                                             concentration ranges of all ingredients which are
                                                             hazardous within the meaning of GHS and are present
                                                             above their cut-off levels. Cut-off level for
                                                             reproductive toxicity, carcinogenicity and category
                                                             1 mutagenicity is 0.1%. Cut-off level for all other
                                                             hazard classes is 1%. See Guidelines in Annex II.
4......................  First aid measures...............  <bullet> Description of necessary measures,
                                                             subdivided according to the different routes of
                                                             exposure, i.e. inhalation, skin and eye contact,
                                                             and ingestion.
                                                            <bullet> Most important symptoms/effects, acute and
                                                             delayed.
                                                            <bullet> Indication of immediate medical attention
                                                             and special treatment, if necessary.

[[Page 21381]]

 
5......................  Fire-fighting measures...........  <bullet> Suitable extinguishing media.
                                                            <bullet> Specific hazards arising from the chemical
                                                             (e.g., nature of any hazardous combustion
                                                             products).
                                                            <bullet> Special protective equipment and
                                                             precautions for fire-fighters.
6......................  Accidental release measures......  <bullet> Personal precautions, protective equipment
                                                             and emergency procedures.
                                                            <bullet> Environmental precautions.
                                                            <bullet> Methods and materials for containment and
                                                             clean-up.
7......................  Handling and storage.............  <bullet> Precautions for safe handling.
                                                            <bullet> Conditions for safe storage, including any
                                                             incompatibilities.
8......................  Exposure controls/personal         <bullet> Control parameters (e.g., occupational
                          protection.                        exposure limit values).
                                                            <bullet> Appropriate technical precautions.
                                                            <bullet> Individual protection measures, such as
                                                             personal protective equipment.
9......................  Physical and chemical Properties.  See Guidelines in Annex II.
10.....................  Stability and reactivity.........  <bullet> Chemical stability.
                                                            <bullet> Possibility of hazardous reactions.
                                                            <bullet> Conditions to avoid (e.g., static
                                                             discharge).
11.....................  Toxicological information........  <bullet> Concise but complete and comprehensible
                                                             description of the various toxicological (health)
                                                             effects and the available data used to identify
                                                             those effects, including:
                                                               [ssquf] Information on the likely routes of
                                                                exposure (inhalation, ingestion, skin and eye
                                                                contact); Symptoms related to the physical,
                                                                chemical and toxicological characteristics;
                                                               [ssquf] Delayed and immediate effects and also
                                                                chronic effects from short- and long-term
                                                                exposure.
                                                            <bullet> Numerical measures of toxicity (such as
                                                             acute toxicity estimates).
                                                            <bullet> See Guidelines in Annex II.
12.....................  Ecological information...........  <bullet> Ecotoxicity (aquatic and terrestrial, where
                                                             available).
                                                            <bullet> Persistence and degradability.
                                                            <bullet> Bioaccumulation potential.
                                                            <bullet> Mobility in soil.
                                                            <bullet> Other adverse effects.
                                                            <bullet> See Guidelines in Annex II.
13.....................  Disposal considerations..........  Description of waste residues and information on
                                                             their safe handling and methods of disposal, in
                                                             line with MARPOL 73/78 requirements.
14.....................  Transport information............  <bullet> UN number, where applicable.
                                                            <bullet> UN Proper shipping name, where applicable.
                                                            <bullet> Transport Hazard class(es), where
                                                             applicable.
                                                            <bullet> Special precautions that a user needs to be
                                                             aware of or needs to comply with in connection with
                                                             transport (e.g., heating and carriage
                                                             temperatures).
                                                            <bullet> Note that this product is being carried.
15.....................  Regulatory information...........  Safety, health and environmental regulations
                                                             specific for the product in question.
16.....................  Other information, including       <bullet> Version No.
                          information on preparation and    <bullet> Date of issue.
                          revision of the MSDS.             <bullet> Issuing source.
----------------------------------------------------------------------------------------------------------------

    Globally Harmonized System of Classification and Labeling of 
Chemicals (GHS), United Nations (2007 edition, as revised).

Appendix B to Subpart D--Guidelines for the Completion of MSDS for the 
Annex I Type Oil as Cargo in Bulk and Oil Fuel

1 Categories of Liquids

    The following categories subdivide the full scope of substances 
covered by Annex I of MARPOL 73/78 and set in groups specific 
products for general identification purposes.
.1 Crude oils;
.2 Fuel and residual oils, including ship's bunkers*;
.3 Unfinished distillates, hydraulic oils and lubricating oils;
.4 Gas oils, including ship's bunkers**;
.5 Kerosenes;
.6 Naphthas and condensates;
.7 Gasoline blending stocks;
.8 Gasoline and spirits; and
.9 Asphalt solutions.

2 Properties and Information

    In addition to properties and information specified in Annex 1, 
the following properties and information should be reported:

.1 For the following provide appropriate hazards identification in 
section 2, composition/information on ingredients in section 3, and 
toxicological information in section 11 of the MSDS:
    .1 Benzene. If present >=0.1% by weight (even if naturally 
occurring ingredient of the material);
    .2 Hydrogen sulphide. If present at any concentration, in liquid 
and vapor phases, or if possible to accumulate in a tank's vapor 
space; and
    .3 Total Sulphur. If present >=0.5% by weight, identify in 
section 3 and warn of potential for hydrogen sulphide evolution in 
sections 2 and 11;
.2 For physical and chemical properties in section 9 of the MSDS:
    .1 Appearance (physical state, color, etc.);
    .2 Odor;
    .3 Pour point;
    .4 Boiling range;
    .5 Flashpoint;
    .6 Upper/lower flammability or explosive limits;
    .7 Vapor pressure (Reid vapor pressure (RVP) when appropriate);
    .8 Vapor density;
    .9 Density;
    .10 Auto-ignition temperature; and
    .11 Kinematic viscosity; and
.3 For ecological information in section 12 of the MSDS: Persistent 
or non-persistent oil as per the International Oil Pollution 
Compensation (IOPC) Fund definition*.
    * Refer to standard ISO 8217:2005, Petroleum products. Fuels 
(class F). Specifications of marine fuels, table 2.
    ** Refer to standard ISO 8217:2005, Petroleum products. Fuels 
(class F). Specifications of marine fuels, table 1.

    Dated: March 1, 2012.
F.J. Sturm,
Acting Director of Commercial Regulations, and Standards, U.S. Coast 
Guard.
[FR Doc. 2012-7919 Filed 4-6-12; 8:45 am]
BILLING CODE 9110-04-P


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