14828 Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Rules and Regulations

paragraphs (a) and (b) of this section

and not published in the Postal Bulletin

as provided in paragraph (c) are not

deemed final under the provisions of

this part 111.

(f) For references to amendments to

the Domestic Mail Manual adopted

under paragraph (b) of this section after

issuance of the most recent transmittal

letter (termed Summary of Changes in

the Domestic Mail Manual) listed below,

see § 111.3 in the List of CFR Sections

affected at the end of this volume.

* * * * *

Transmittal

letter for

issue

Dated

FEDERAL

REGISTER

publication

* * * * *

44 ................ September 20,

1992.

61 FR 67218

45 ................ December 20,

1992.

61 FR 67218

46 ................ July 1, 1993 .. 61 FR 67218

47 ................ April 10, 1994 61 FR 67218

48 ................ January 1,

1995.

61 FR 67218

49 ................ September 1,

1995.

61 FR 67218

50 ................ July 1, 1996 .. 61 FR 60190

51 ................ January 1,

1997.

61 FR 64618

* * * * *

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–7862 Filed 3–27–97; 8:45 am]

BILLING CODE 7710–12–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 32

[CGD 90–071]

RIN 2115–AD69

Tank Level or Pressure Monitoring

Devices

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard establishes

minimum performance standards for

tank level or pressure monitoring

devices for single-hull tank vessels that

carry oil in bulk as cargo. The purpose

of these devices is to reduce the size and

impact of an oil spill by alerting the

tank vessel operator that a level or

pressure change has occurred in a cargo

tank. The Coast Guard will evaluate the

performance and cost effectiveness of

any device which meets the standards

set in this rule, if that device is

submitted to the Coast Guard during the

effective period of this rule.

DATES: This rule is effective on April 28,

1997 and expires on April 28, 1999.

ADDRESSES: The Executive Secretary,

Marine Safety Council (G–LRA/3406)

[CGD 90–071], U.S. Coast Guard

Headquarters, 2100 Second Street SW.,

Washington, DC 20593–0001, maintains

the public docket for this rulemaking.

The telephone number is (202) 267–

1477. The public docket is available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

9:30 a.m. and 2 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Laura L. Hamman, Project Manager,

Office of Design and Engineering

Standards (G–MSE), (202) 267–2206.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 7, 1991, the Coast Guard

published an advanced notice of

proposed rulemaking (ANPRM) to

solicit comments on minimum

standards for leak detection devices and

their use (56 FR 21116). The Coast

Guard received 20 comments to the

ANPRM.

On December 9, 1994, a public

meeting was held. This meeting gave the

public an opportunity to provide further

input into the development of proposed

regulations. As a result of the public

meeting nine comments were received.

On August 21, 1995, the Coast Guard

published a notice of proposed

rulemaking (NPRM) entitled ‘‘Tank

Level or Pressure Monitoring Devices’’

(60 FR 43427). The NPRM proposed

performance standards of 0.5 percent of

tank volume or 1,000 gallons, whichever

is less. As a result of the NPRM, 10

comments were received.

This temporary rule addresses

comments to the NPRM, and presents

the Coast Guard’s temporary rule on

Tank Level or Pressure Monitoring

Devices.

Background and Purpose

Section 4110 of the Oil Pollution Act

of 1990 (OPA 90) (Pub. L. 101–380)

requires the Secretary of Transportation

to set, by regulation, minimum

standards for tank level or pressure

monitoring devices. Tank level or

pressure monitoring devices detect

changes in the level of oil in a cargo

tank or changes in the pressure within

a cargo tank. Section 4110 of OPA 90

applies to the carriage of oil in bulk as

cargo aboard tank vessels. Section 4110

also requires issuance of regulations

requiring the use of tank level or

pressure monitoring devices. The

purpose of the devices is to inform the

person in charge of a tank vessel that

there is a change in tank level or

pressure so that, if required, the Coast

Guard can be notified as required by 33

CFR 153.203 and appropriate response

actions can be initiated.

Two specific incidents highlighted

the possible need for the development

of tank level or pressure monitoring

devices. The first incident was the loss

of cargo aboard Tank Barge 565. While

under tow in August 1988, this 37-yearold barge started losing cargo during the

night. The loss was not discovered until

the morning light reflected off the oil

sheen on the water. The barge spilled

4,000 barrels of petroleum into the

Chesapeake Bay. The lack of appropriate

devices to indicate the loss of cargo

during the night prompted Congress to

add section 4110 to OPA 90.

The second was in September 1988,

when a tankship carrying cargo of

carbon black feedstock oil struck a

submerged object and lost over 4,000

metric tons of cargo. The loss was not

discovered until an estimated 30

minutes passed. During this time, the

vessel developed a port list which

continued to worsen until it reached 8

degrees. At this point, the master

ordered the cargo tanks sounded, and

the loss of cargo was discovered. Again,

cargo was lost without anyone on board

being aware of the loss.

Technical Feasibility Study

The Coast Guard commissioned a

technical feasibility study entitled

‘‘Tank Level Detection Devices for the

Carriage of Oil,’’ which was made

available to the public on February 5,

1993 (58 FR 7292).

The study found that a wide variety

of liquid level sensing systems exist for

both marine and shore-side

applications. Several of these systems

include the following components:

hydrostatic gauges, radar gauging

devices, resistance tapes, floats,

ultrasonic systems, fiber optics,

capacitance-actuated devices, and the

electromagnetic level indication (EMLI)

system. The study concluded that the

performance of these sensing systems is

affected by the severity of their

operating environment. Operating

environment factors include cargo

sloshing, foaming, and expansion and

contraction of the cargo due to

temperature changes.

In addition to discussing the wide

variety of available liquid level

detectors, the study evaluated the

performance of these sensors using both

ideal conditions and simulated

conditions (e.g., environmental noise,

ship motion, etc.). The effects of these

conditions varied depending on the

system used. In some circumstances,
Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Rules and Regulations 14829

environmental noise substantially

degraded performance. However, the

greatest obstacle to obtaining an

accurate level reading was found to be

the disturbance of the cargo surface

caused by ship or barge motion.

Sloshing occurs in all tank vessels to

varying degrees, depending on such

factors as vessel types, weather

conditions, and loading configurations.

The effects of such motion must be

considered in determining the attainable

accuracy of level sensing devices.

In addition to sloshing, another result

of ship motion was found to be the

formation of foam, which can reduce the

accuracy of any type of electronic

surface level sensing system.

Disturbance of the surface was also

found to cause pocketing of air,

resulting in loss of measurement

accuracy.

Despite these problems, the study

found that ‘‘attainable accuracy,’’

defined as the limit outside of which

false level change indications may be

ruled out, is within 2 percent of the

actual cargo level.

Discussion of Comments

The Coast Guard received 10

comment letters to the NPRM. Seven

comments expressed concerns about the

lack of current technology available to

measure the quantity (0.5 percent or

1,000 gallons) specified by the proposed

standards in the NPRM. Three

comments expressed concerns about the

development and implementation costs

of the device due to the lack of available

technology. Two comments expressed

concerns about the new technological

developments. These comments raised

concerns that testing should be required

prior to the implementation of these

devices. The Coast Guard has reviewed

the technical feasibility issue and has

concluded that current technology

cannot meet the sensitivity

requirements proposed in the NPRM

and finalized in this rule. The Coast

Guard will not accept a tank level or

pressure monitoring device until it

meets the standards in this temporary

rule. The Coast Guard will address

testing of devices, if devices meeting the

standards in this temporary rule are

developed and submitted to the Coast

Guard within the effective period of this

rule. In addition to a technical

evaluation of sensitivity requirements, a

comprehensive cost and benefit analysis

must be performed by the Coast Guard

before any decisions can be made on

requiring use of a device.

Two comments expressed concerns

about the potential difficulties that

would be encountered if the monitoring

devices were required in tanks carrying

asphalt. The Coast Guard agrees with

these concerns and carriage of asphalt is

not addressed by the standard in this

temporary rule.

Three comments raised concerns on

using the words ‘‘leak detection.’’ Two

other comments noted that there is not

an International Maritime Organization

(IMO) equivalent requirement for leak

detection. The Coast Guard agrees with

these concerns and has removed

references to leak detection.

Two comments noted that a tank level

or pressure monitoring device would be

impractical for use on tank barges

because they do not routinely operate

machinery to generate electricity needed

to operate the device while underway.

The Coast Guard agrees that the issue of

power source would need to be

addressed for any device used aboard

barges. The Coast Guard will consider

power sources as part of its technical

evaluation on any device which meets

the standards set forth in this rule.

Two comments noted that these

devices would need to be capable of

withstanding harsh and changing

marine environments. The Coast Guard

agrees and requires that any tank level

or pressure monitoring devices

developed using these standards be

operable without degradation in heavy

seas, moisture, and varying weather

conditions.

One comment noted that tank level or

pressure monitoring devices should

only be required on vessels without

double hulls. The Coast Guard agrees

with this view. If a device is developed

in the future that meets the standards

set forth in this regulation and it is

determined to be cost effective, the

Coast Guard intends to only require its

use on single-hull tank vessels.

One comment addressed the issue of

distance from a barge’s deck house to

the towing vessel’s bridge, and the need

to allow for portable alarms and

indicating devices. The Coast Guard

agrees with this concern and would

allow the use of portable equipment as

long as that equipment meets the

requirements in this regulation.

Discussion of Rules

This temporary rule sets forth

standards for tank level or pressure

monitoring devices intended for

installation on the cargo tanks of vessels

over 5,000 gross tons carrying oil in

bulk as cargo. The Coast Guard expects

that additional development and

research would be necessary to produce

tank level or pressure monitoring

devices that meet the standards set forth

in this regulation. Any person who

develops a tank level or pressure

monitoring device that meets the

minimum standards set forth in this

regulation, within the effective period of

this regulation, should inform the Coast

Guard by contacting the person listed

under the section entitled FOR FURTHER

INFORMATION CONTACT. The Coast Guard

will evaluate the device to ensure that

it meets the performance standards

required by this temporary rule and will

assess the costs and benefits associated

with the device before implementing

any installation requirements. In any

case, the public will have an

opportunity to comment on any rules

proposing the installation of the tank

level or pressure monitoring device.

Since these devices are intended to

warn the operators of possible loss of

cargo due to the discharge from tanks

into the water, and double-hull vessels

are intrinsically designed to prevent this

type of discharge, this regulation applies

only to single-hull vessels.

The Coast Guard anticipates an 8.5

percent per year decrease in the number

of U.S. single-hull tank vessels, based

on OPA 90 phaseout schedules. The

need for tank level or pressure

monitoring devices is in direct

proportion to the number of single-hull

vessels. The Coast Guard believes that,

unless a tank level or pressure

monitoring device is developed within

2 years from the effective date of this

temporary rule, it may not be

economically feasible to require

installation of such a device considering

phaseout schedules. Similarly, the Coast

Guard anticipates the number of singlehull foreign tank vessels to decrease.

Therefore, this temporary rule will only

be in effect for 2 years from the effective

date.

This temporary rule establishes a

standard that requires these devices be

able to compensate for changes in cargo

volume and that they continue to

operate in varying weather conditions.

This temporary rule also requires that

tank level or pressure monitoring

devices have both audible and visible

alarms to indicate loss of cargo from the

cargo tank.

This temporary rule requires that a

tank level or pressure monitoring device

must sound an alarm before the content

of the cargo tank declines to a level 0.5

percent below the level to which the

tank was loaded, or 1,000 gallons of

cargo, whichever is less.

The 1,000 gallon threshold was

chosen because a discharge of less than

1,000 gallons on the inland waterways

is defined as a ‘‘minor discharge’’ in

accordance with the National

Contingency Plan, dated September 15,

1994 (59 FR 47384). A loss of 1,000 or

more gallons in virtually all
14830 Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Rules and Regulations

environments poses appreciable risk to

the marine environment.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation

(DOT)(44 FR 11040; February 26, 1979).

The Coast Guard expects the

economic impact of this rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. Costs associated

with tank level or pressure monitoring

devices are dependent on installation

requirements. This regulation

establishes no installation requirements

and therefore imposes no costs. If a

device meeting the requirements of this

regulation was developed during the

effective period of this temporary rule,

the Coast Guard would consider the

costs and benefits of requiring

installation of such a device. Such an

analysis would be based upon the

smaller single-hull tank vessel fleet in

existence at the time. This analysis

would also take into account the OPA

90-mandated regulations already in

force in 33 CFR part 157 and 46 CFR

parts 31 and 35. These regulations

address operational measures to reduce

oil spills from existing tank vessels

without double hulls and include

requirements for enhanced surveys of

these vessels. These enhanced surveys

reduce the chance of unnoticed

structural damage thereby significantly

reducing the chance of an oil spill.

Thus, the benefits of a tank level or

pressure monitoring device would

further decrease.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether or not this rule

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies that this

regulation would not have a significant

economic impact on a substantial

number of small entities because this

rule imposes no costs on any entities. If

a tank level or pressure monitoring

device meeting the requirements of this

rule was developed, the potential

impact on small businesses required to

install the device would have to be

determined. At that time, the Coast

Guard would analyze whether

imposition of installation requirements

would impose a significant economic

impact on a substantial number of small

entities. The Coast Guard has chosen to

make this rule temporary because of the

phaseout period for single-hull vessels.

Because many research and

development companies may be small

entities, the Coast Guard is fully

explaining the nature of the shrinking

population of single-hull vessels which

might be required to install a device.

The Coast Guard hopes that this will

help those small entities determine

whether to pursue development of a

product to exploit this market.

Assistance for Small Entities

In accordance with section 213(a) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub.

L. 104–121), the Coast Guard will

provide assistance to small entities to

determine how this rule applies to

them. If you are a small entity and need

assistance understanding the provisions

of this rule, please contact the Project

Manager, Ms. Laura Hamman at (202)

267–2206.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2e.(34)(e) of Commandant

Instruction M16475.lB, this rule is

categorically excluded from further

environmental documentation. This

temporary rule establishes standards for

tank level or pressure monitoring

devices which would mitigate the

impacts of oil spills. This temporary

rule does not require installation or use

of these devices.

This rulemaking is, therefore,

administrative in nature and has no

direct impact on the environment and is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 32

Cargo vessels, Fire prevention, Marine

safety, Navigation (water), Occupational

safety and health, Reporting and record

keeping requirements, Seamen.

For the reasons set out in the

preamble, the Coast Guard amends 46

CFR part 32 as follows:

PART 32—SPECIAL EQUIPMENT,

MACHINERY, AND HULL

REQUIREMENTS

1. The authority citation for part 32 is

revised to read as follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O.

12234 3 CFR 1980 Comp., p. 277; 49 CFR

1.46; Section 32.22T–5 and Subpart 32.59 are

also issued under 46 U.S.C. 3703 note.

2. Subpart 32.22T is added to read as

follows:

Subpart 32.22T—Tank Level or Pressure

Monitoring Devices

Sec.

32.22T–1 Scope and applicability.

32.22T–5 Performance standards for tank

level or pressure monitoring devices.

Subpart 32.22T—Tank Level or

Pressure Monitoring Devices

§ 32.22T–1 Scope and applicability.

(a) Effective period. This subpart is

effective for 2 years from April 28, 1997.

(b) Applicability. The standards set

forth in this subpart apply to tank level

or pressure monitoring devices

developed for use on single-hull tank

vessels over 5,000 gross tons carrying oil

in bulk as cargo.

(c) Scope. This subpart sets

performance standards for tank level or

pressure monitoring devices. If a device

meeting these standards is developed

during the effective period of this

subpart, the Coast Guard will address

installation requirements separately.

During the effective period of this

subpart no owner or operator is required

to install any tank level or pressure

monitoring device meeting the

performance standards of this subpart

unless required by the Coast Guard in a

separate regulation.

§ 32.22T–5 Performance standards for

tank level or pressure monitoring devices.

(a) A tank level or pressure

monitoring device shall determine the

level of the liquid in a cargo tank

without opening ullage holes, cargo

hatches, or butterworth plates.
Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Rules and Regulations 14831

(b) A tank level or pressure

monitoring device shall meet the

following standards:

(1) Automatically compensate for

changes in cargo volume due to

temperature.

(2) Meet the requirements in § 111.105

of this chapter when used in hazardous

locations.

(3) Indicate any loss of power or

failure of the tank level or pressure

monitoring device and monitor the

condition of the alarm circuitry and

sensor by an electronic self-testing

feature.

(4) Alarm before cargo in the cargo

tank declines to a level of 0.5 percent

below the quantity to which it was

loaded, or 1,000 gallons of cargo,

whichever is less.

(5) Operate without degradation in

heavy seas, moisture, and varying

weather conditions.

(6) Not alarm when loading or off

loading cargo.

(7) Have audible and visible alarm

indicators that can be seen and heard on

the navigation bridge of the vessel, or

towing vessel for non-self-propelled

vessels, which are distinctly identifiable

as cargo tank level or pressure

monitoring alarms.

Dated: March 21, 1997.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–7917 Filed 3–27–97; 8:45 am]

BILLING CODE 4910–14–P