Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations 18043

respective day, all vessels may resume

normal operations.

(c) Effective Dates. These regulations

become effective on: (1) May 2, 1997 at

9:30 a.m. and terminate at 1:30 p.m.

EDT, (2) May 3, 1997 at 9:30 a.m. and

terminate at 5:30 p.m. EDT, (3) May 4,

1997 at 9:30 a.m. and terminate at 5:30

p.m. EDT.

Dated: April 4, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 97–9540 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[CGD 97–015]

RIN 2115–AF43

Antarctic Treaty Environmental

Protection Protocol

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: By this direct final rule, the

Coast Guard is establishing regulations

to implement the Antarctic Science,

Tourism, and Conservation Act of 1996.

These regulations should guide U.S.

owned and/or operated vessels to

properly prepare for voyages in the

Antarctic. This rule will harmonize U.S.

regulations with international

standards, and improve preparedness to

respond to a spill.

DATES: This rule is effective on

September 30, 1997, unless the Coast

Guard receives written adverse

comments or written notice of intent to

submit adverse comments on or before

June 30, 1997. If the effective date of

this action is delayed due to adverse

comments, timely notice will be

published in the Federal Register.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 97–015),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

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

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be 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:

LCDR Ray Perry, Project Manager, Office

of Environmental Standards (G–MSO),

telephone (202) 267–2714.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the

name and address of the person

submitting the comment, specify the

rulemaking docket (CGD 97–015) and

the specific section of this rule to which

each comment applies, and give the

reason for each specific comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written notice

of intent to submit adverse comment are

received within the specified comment

period, this rule will become effective as

stated in the DATES section. In that case,

at least 30 days prior to the effective

date, the Coast Guard will publish a

notice in the Federal Register stating

that no adverse comment was received

and confirming that this rule will

become effective as scheduled.

However, if the Coast Guard receives

written adverse comment or written

notice of intent to submit adverse

comment, the Coast Guard will publish

a notice in the final rule section of the

Federal Register to announce

withdrawal of all or part of this direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of this rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comments

were received. The part of this rule that

was the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published

and a new opportunity for comment

provided.

A comment is considered ‘‘adverse’’ if

the comment explains why this rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach, or would be

ineffective or unacceptable without a

change. A comment that requests

additional rulemaking on this or another

subject will not be treated as ‘‘adverse.’’

Background and Purpose

On October 2, 1996, the Antarctic

Science, Tourism, and Conservation Act

of 1996 became law (Pub. L. 104–227).

This Act implements the Protocol on

Environmental Protection to the

Antarctic Treaty done at Madrid on

October 4, 1991 (30 I.L.M. 1455). The

Act authorizes three agencies to issue

implementing regulations: The National

Science Foundation (NSF), the EPA, and

the Coast Guard. The Coast Guard is

issuing this rule with the concurrence of

the NSF in accordance with the Act.

The Coast Guard may issue such

regulations as are necessary and

appropriate to implement Annex IV to

the Protocol and Article 15 of the

Protocol with respect to vessels. Annex

IV to the Protocol, Prevention of Marine

Pollution, resembles in many respects

MARPOL 73/78. Article 15 of the

Protocol, Emergency Response Action,

requires that each party provide for

prompt and effective response actions to

such emergencies as might arise from

activities in the Antarctic, and the

establishment of contingency plans for

response to incidents with potential

adverse effects on the Antarctic

environment. For the most part, the

requirements under the Protocol are

already implemented in the U.S. under

the Act to Prevent Pollution from Ships

(33 U.S.C. 1901, et seq.). However, two

gaps between the existing regulations

and the statutory requirements of the

Act exist and are addressed in this

rulemaking.

Discussion of Rules

These rules will require owners and

operators of vessels under U.S.

jurisdiction and operating in the waters

below 60 degrees south latitude to

comply with standards specified in the

Protocol regarding sewage, and to

amend their shipboard oil pollution

emergency plans (SOPEP) to indicate

the need to contact Antarctic stations

that might be affected. This rule reflects

international requirements under the

Protocol. Changes to 33 CFR 151.26

would implement the provisions of

Article 15 of the Protocol addressing

response to pollution from vessels. A

new section 151.79 is added to

implement the provisions of Annex IV

of the Protocol addressing prevention of

pollution by sewage from vessels.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of
18044 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations

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. This rule will

affect approximately 23 vessels, all of

which are greater than 400 gross tons.

Industry Costs

Regulations (33 CFR 151.26) already

require SOPEP. Vessel owners and

operators will face additional costs

associated with amending their SOPEP

for each vessel. The amount of cost

incurred will vary depending on

whether the vessel has a SOPEP

currently developed. For 1997, there are

approximately 13 privately owned

vessels operating in Antarctica that

would be addressed under these

regulations. All 13 vessels are flagged

from states requiring SOPEP. The

amendments that need to be

incorporated into a vessel’s current

SOPEP will be approximately 5 to 10

pages. It has been assumed that it will

take no more than 5 days to write the

amendments. The price per page of

these additions is approximately $100 to

$140 ($35/hr.*40hr./week)/10), with

minimal additional photocopying

expenses to provide duplicate copies to

the appropriate people. Therefore, the

estimated total cost for incorporating the

new SOPEP amendments ranges from

$500 to $1,400 per plan.

The SOPEP amendments do not

require equipment to be carried. They

simply require vessel owners to develop

plans for a prompt and effective

response to emergencies which might

arise in the performance of their vessel

activities in Antarctica. However, for the

purpose of this estimate, the Coast

Guard assumes that each vessel

complying with the SOPEP amendments

would most likely choose to carry one

of the following:

Item Cost per

vessel*

1. 200 feet of sorbent boom ........... $782

2. 2 cases of sorbent pillows

(approx. 50 pillows) ..................... 144

3. 200 feet of sorbent sweeps

(approx. 30 lbs.) .......................... 136

Item Cost per

vessel*

4. 3 bags of geniesorb oil sorbent

(approx. 120 lbs.) ........................ 60

*All costs are based on: 1995 World Catalog of Oil Spill Response Products, 5th Edition.

These costs are purely optional and therefore

have not been added to the estimated total industrial cost.

Government Costs

The Government will incur costs

associated with the inclusion of public

vessels in this rule. An agency whose

public vessels travel to Antarctica will

now also be required to develop a plan

or update its vessels’ current plan to

reflect the new amendments. There are

approximately 10 publicly owned

vessels that operate in Antarctica during

any one season. It is estimated that it

will take no more than 15 days to create

a plan from scratch. The total length of

the plan (including the new

amendments) should range from 15 to

30 pages. However, if the public vessel

is only incorporating the new

amendments to an existing plan, only

approximately 5 to 10 pages of

additional text would be expected. The

price per page of text is approximately

$100 to $140 (($35/hr. * 40hr./week)

/10), with minimal additional copying

expenses to provide duplicate copies to

the appropriate people. Therefore, the

estimated total cost for creating a new

plan would range from $1,500 to $4,200

per plan. The estimated cost for

incorporating the amendments to the

preexisting plans ranges from $500 to

$1,400 per plan.

These amendments do not require

equipment to be carried. They simply

require vessel owners to develop plans

for a prompt and effective response

emergencies which arise in the

performance of their vessel activities in

Antarctica. However, for the purpose of

this estimate, the Coast Guard assumes

that each vessel complying with the

amendments would most likely choose

to carry one of the following:

Item Cost per

vessel*

1. 200 feet of sorbent boom ........... $782

2. 2 cases of sorbent pillows

(approx. 50 pillows) ..................... 144

3. 200 feet of sorbent sweeps

(approx. 30 lbs.) .......................... 136

4. 3 bags of geniesorb oil sorbent

(approx. 120 lbs.) ........................ 60

*All costs are based on: 1995 World Catalog of Oil Spill Response Products, 5th Edition.

These costs are purely optional and therefore

have not been added to the estimated total

government cost.

Industry and Government Costs and

Benefits

The total cost of this rule will depend

on the number of plans developed to

comply with this rulemaking. However,

to satisfy every requirement the total

cost of this DFR will still not exceed

$60,200 (see table below).

Total cost

Number

of vessels

Cost per

plan

Industry Cost ................. 13 $1,400

Government Cost .......... 10 **4,200

Total Industry Cost: (13*$1,400)=$18,200

Total Government Cost:

(10*$4,200) = $42,000

Total Cost: $60,200

** This number represents the cost to originate a plan where no plan currently exists.

The primary benefit of this

rulemaking is to harmonize U.S.

regulations with international

standards.

Small Entities

Under the Regulatory Flexibility Act

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

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit 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 intends to

implement the Protocol without

dictating prescriptive requirements. All

13 privately owned vessels operating in

Antarctica in 1995 and impacted by this

rulemaking are small entities. The Coast

Guard anticipates all privately owned

vessels impacted will be small entities,

and that they will meet the intent of

these requirements without incurring a

significant cost or bearing a competitive

disadvantage. On this factual basis, the

Coast Guard finds that this rule will not

have a significant economic impact on

a substantial number of small entities.

Any comments submitted in response to

this finding will be evaluated under the

criteria described earlier in the

preamble for comments.

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 business and

need assistance understanding the

provisions of this rule, please contact
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations 18045

LCDR Ray Perry, Project Manager,

Officer of Environmental Standards

(G–MSO), telephone (202) 267–2714.

Collection of Information

This rule contains no new collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). However, owners and

operators of privately owned vessels

will incur an additional collection of

information burden in amending their

existing SOPEP. The total increase in

burden hours over those previously

approved by OMB under collection

approval 2115–0595 will depend on the

number of vessels operating in the

Antarctic region. However, the

additional burden hours will be

relatively small, and are not dependent

on the number of vessels each company

owns since one plan can cover

numerous vessels. The amount of time

needed to update a SOPEP to meet the

new requirements could be as minimal

as 8 person hours.

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.2.e(34) (a) and (d) of Commandant

Instruction M16475.lB. (as revised by 59

FR 38654, July 29, 1994), this rule is

categorically excluded from further

environmental documentation. This

rulemaking is intended to align existing

regulations with the statutory

requirements which address pollution

from vessels and responses to pollution

incidents. Based on the available data,

this rulemaking is not expected to have

a significant impact on the environment.

A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 151

Administrative practice and

procedure, Oil pollution, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Sewage disposal, Vessels.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR part 151 as follows:

PART 151—VESSELS CARRYING OIL,

NOXIOUS LIQUID SUBSTANCES,

GARBAGE, MUNICIPAL OR

COMMERCIAL WASTE, AND BALLAST

WATER

1. The authority citation for part 151

is revised to read as follows:

Authority: 33 U.S.C. 1321(j)(1)(C) and

1903(b); Pub. L. 104–227 (110 Stat. 3034),

E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49

CFR 1.46.

2. The heading to subpart A is revised

to read as follows:

Subpart A—Implementation of

MARPOL 73/78 and the Protocol on

Environmental Protection to the

Antarctic Treaty as it Pertains to

Pollution from Ships

§ 151.01 [Amended]

3. In § 151.01, at the end of the

paragraph preceding the note, add the

sentence ‘‘This subpart also implements

the Antarctic Science, Tourism, and

Conservation Act of 1996, and the

Protocol on Environmental Protection to

the Antarctic Treaty done at Madrid on

October 4, 1991.’’

§ 151.03 [Amended]

4. In § 151.03, at the end before the

period, add the phrase ‘‘unless

otherwise indicated.’’

5. Section 151.05 is amended by

adding the following definition in

alphabetical order to read as follows:

§ 151.05 Definitions.

* * * * *

Antarctica means the area south of 60

degrees south latitude.

* * * * *

6. In § 151.09, add a new

paragraph(e), to read as follows:

* * * * *

(e) Section 151.26(b)(5) applies to all

vessels subject to the jurisdiction of the

United States and operating in

Antarctica.

7. In § 151.26, paragraph(b)(1)(i),

introductory text, is revised,

paragraph(b)(3)(iii)(C) is added, and

paragraph(b)(5) is revised to read as

follows:

§ 151.26 Shipboard oil pollution

emergency plans.

* * * * *

(b) * * *

(1) * * *

(i) Introductory text. The introductory

text of the plan must contain the

following language (For ships operating

in Antarctica, the introductory text of

the plan must contain the following

language and explain that they are in

accordance with the Protocol on

Environmental Protection to the

Antarctic Treaty):

* * * * *

(3) * * *

(iii) * * *

(C) For Antarctica, in addition to

compliance with paragraph (b)(3)(iii)(B)

of this section, reports shall also be

directed to any Antarctic station that

may be affected.

* * * * *

(5) National and Local Coordination.

(i) This section of the plan must

contain information to assist the master

in initiating action by the coastal State,

local government, or other involved

parties. This information must include

guidance to assist the master with

organizing a response to the incident

should a response not be organized by

the shore authorities. Detailed

information for specific areas may be

included as appendices to the plan.

(ii) For Antarctica, a vessel owner or

operator must include a plan for prompt

and effective response action to such

emergencies as might arise in the

performance of its vessel’s activities.

(iii) To comply with paragraph

(b)(5)(ii) of this section, an agency of the

United States government may

promulgate a directive providing for

prompt and effective response by the

agency’s public vessels operating in

Antarctica.

* * * * *

8. The sub-heading, ‘‘GARBAGE

POLLUTION’’ under subpart A is

revised to read as follows:

GARBAGE POLLUTION AND SEWAGE

9. New § 151.79 is added to read as

follows:

§ 151.79 Operating requirements:

Discharge of sewage within Antarctica.

(a) A vessel certified to carry more

than 10 persons must not discharge

untreated sewage into the sea within 12

nautical miles of Antarctic land or ice

shelves; beyond such distance, sewage

stored in a holding tank must not be

discharged instantaneously but at a

moderate rate and, where practicable,

while the ship is en route at a speed of

no less than 4 knots. For purposes of

this section, ‘‘sewage’’ means:

(1) Drainage and other wastes from

any form of toilets, urinals, and WC

scuppers;

(2) Drainage from medical premises

(dispensary, sick bay, etc.) via wash

basins, wash tubs, and scuppers located

in such premises;

(3) Drainage from spaces containing

living animals; or

(4) Other waste waters when mixed

with the drainages defined above.

(b) Paragraph (a) of this section does

not apply to a warship, naval auxiliary,
18046 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Rules and Regulations

or other ship owned or operated by the

United States and used only in

government non-commercial service.

(c) Paragraph (a) of this section does

not apply in cases of an emergency

relating to the safety of a ship and those

on board or saving life at sea. Notice of

an activity, otherwise prohibited under

paragraph (a) of this section, undertaken

in case of an emergency shall be

reported immediately to the National

Response Center (NRC) toll free number

800–424–8802.

Dated: April 4, 1997.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 97–9388 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–176–2–9708a; FRL–5806–7]

Approval and Promulgation of

Implementation Plans, Tennessee:

Approval of Revisions to the

Tennessee SIP Regarding Volatile

Organic Compounds

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this document, EPA is

acting on revisions to the Tennessee

State Implementation Plan (SIP) which

were submitted to EPA by Tennessee,

through the Tennessee Department of

Air Pollution Control (TDAPC), on June

3, 1996. The submittal contains

revisions to the VOC definition in the

construction permits chapter, amends

the stage II vapor recovery portion of the

VOC chapter, and revises a conversion

factor contained in the performance

standards for continuous emissions

monitoring chapter.

DATES: This final rule is effective June

13, 1997 unless adverse or critical

comments are received by May 14, 1997.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments on this

action should be addressed to William

Denman at the Environmental

Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street,

SW., Atlanta, Georgia 30303. Copies of

documents relative to this action are

available for public inspection during

normal business hours at the following

locations. The interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day. Reference file

TN176–02–9708. The Region 4 office

may have additional background

documents not available at the other

locations.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW., Atlanta, Georgia

30303, William Denman, 404/562–9030.

Tennessee Department of

Environment and Conservation,

Division of Air Pollution Control, L & C

Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243–1531, 615/

532–0554.

FOR FURTHER INFORMATION CONTACT:

William Denman 404/562–9030.

SUPPLEMENTARY INFORMATION: On June 3,

1996, the Tennessee Department of Air

Pollution Control (TDAPC) submitted a

request to the EPA to incorporate

revisions to chapters 1200–3–9

‘‘Construction and Operating Permits’’

and 1200–3–18 ‘‘Volatile Organic

Compounds.’’ The revisions to chapter

1200–3–9 amended the definition for

volatile organic compounds in

paragraph 1200–3–9–.01(4)(b)(29). The

revision added acetone,

parachlorobenzotrifluoride (PCBTF),

and cyclic, branched, or linear

completely methylated siloxanes (VMS)

to its list of VOCs which have been

determined to have negligible

photochemical reactivity. The list of

exempt compounds is contained in

subparagraph 1200–3–9–.01(4)(b)(29)(I).

The compounds PCBTF and VMS were

added to the list of exempt VOC’s on

October 5, 1994, (59 FR 50693) and

acetone was added to the list of exempt

VOC’s on June 16, 1995, (60 FR 31633).

In addition, compounds CFC–113,

HCFC–22, and HFC–23 were amended

to be consistent with the federal

definition.

The revisions to chapter 1200–3–18

amended sections 1200–3–18–.24

‘‘Gasoline Dispensing Facilities—Stage I

and Stage II Vapor Recovery’’ and 1200–

3–18.86 ‘‘Performance Specifications for

Continuous Emissions Monitoring of

Total Hydrocarbons.’’

1200–3–18–.24: The revisions to

1200–3–18–.24(1)(d) added the

dispensing of gasoline for only refueling

of aircraft or marine vessels as an

activity exempt from the requirements

of 1200–3–18–.24(3)(c). This provision

requires a vapor recovery system,

certified by the California Air Resources

Board, to be installed and operated to

recover gasoline vapors. The revisions

to 1200–3–18–.24(3)(c)(2)(I) were made

to be consistent with EPA guidance to

prevent the use of a dual-hose Stage II

system at automobile assembly plants in

lieu of coaxial hoses.

1200–3–18–.86: The revision to 1200–

3–18–.86(11)(c) was made to correct the

conversion factor which accounts for

the conversion of units when

calculating the total hydrocarbon

concentration levels for the initial

compliance certification. The correct

conversion factor is 5.183 × 10¥2.

Final Action

The EPA is approving the

aforementioned revisions because they

are consistent with federal

requirements. This rulemaking is being

published without a prior proposal for

approval because the Agency views this

as a noncontroversial amendment and

anticipates no adverse comments.

However, in a separate document in this

Federal Register publication, the EPA is

proposing to approve the SIP revision

should adverse or critical comments be

filed. This action will be effective June

13, 1997 unless, by May 14, 1997,

adverse or critical comments are

received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on the separate proposed rule.

The EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective June 13, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

I. Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR