[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19173]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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Part VIII





Department of Transportation





_______________________________________________________________________



Coast Guard



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33 CFR Parts 157 and 160




Emergency Lightering Equipment and Advanced Notice of Arrival 
Requirements for Existing Tank Vessels Without Double Hulls; Final Rule
DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 157 and 160

[CGD 91-045]
RIN 2115-AE01

 
Emergency Lightering Equipment and Advanced Notice of Arrival 
Requirements for Existing Tank Vessels Without Double Hulls

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard establishes regulations that require the 
owners or operators of existing tank vessels of 5,000 gross tons (GT) 
or more that do not have double hulls to carry certain emergency 
lightering equipment on board and foreign flag vessel owners or 
operators to provide the vessels' International Maritime Organization 
(IMO) international numbers in the advance notice of arrival report. 
The purpose of the regulations is to reduce damage to the environment 
by facilitating response and salvage efforts for a vessel in the case 
of a collision or grounding. The regulations represent the Coast 
Guard's first step in designating structural and operational measures 
for existing tank vessels without double hulls as required by the Oil 
Pollution Act of 1990 (OPA 90).

DATES: This rule is effective on November 3, 1994. Comments must be 
received by November 3, 1994.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street, SW., room 3406, Washington DC 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

FOR FURTHER INFORMATION CONTACT: Randall N. Crenwelge, Project Manager, 
OPA 90 Staff, (202) 267-6220.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are 
Randall N. Crenwelge, Project Manager, Oil Pollution Act Staff, and 
Jacqueline L. Sullivan, Project Counsel, OPA 90 Staff.

Regulatory History

    On November 1, 1991, the Coast Guard published an advance notice of 
proposed rulemaking (ANPRM) (56 FR 56284) which discussed structural 
and operational measures which are intended to meet the requirements of 
section 4115(b) of OPA 90. The ANPRM included a request for date on the 
technical and economic feasibility of those measures for use on vessels 
covered by section 4115(b). A total of 88 comment letters were received 
by the close of the extended comment period, which ended on January 30, 
1992 (57 FR 1243).
    After reviewing the comments, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled, ``Structural and Operational 
Measures to Reduce Oil Spills from Existing Tank Vessels Without Double 
Hulls'' (Existing Vessels) on October 22, 1993 (58 FR 54870). The Coast 
Guard issued two subsequent correction notices on November 19, 1993 (58 
FR 61143), and December 14, 1993 (58 FR 65298), which made technical 
corrections to the NPRM. In response to several comments received on 
the NPRM, the Coast Guard published, on December 16, 1993, a notice of 
public meeting and extension of comment period (58 FR 65863).
    The Coast Guard held a public meeting on January 20, 1994, to 
obtain information from the public on the proposed regulations. Topics 
addressed by speakers included applicability, differences between tank 
barges and tankships, exemptions, and economic and technical 
feasibility of the proposed regulations. Some of the basic assumptions 
of the proposed regulations were also discussed, particularly their 
reliance on Regulation 13G of Annex I of the International Convention 
for the Prevention of Pollution from Ships, 1973, as modified by the 
Protocol of 1978 (MARPOL 73/78). Information on the public meeting is 
available for public review at the address under ``ADDRESSES.''
    In light of the comments received at the public meeting and in 
response to the written comments received concerning the NPRM, the 
Coast Guard is reviewing the proposed regulations. The Coast Guard, 
however, is committed to implementing all the provisions of section 
4115(b) in a timely manner. To expedite the implementation of section 
4115(b) of OPA 90, the Coast Guard has developed a three-pronged 
approach which encompasses three separate rulemaking projects. The 
Coast Guard intends to: (1) Issue this final rule implementing the 
requirements to carry emergency lightering equipment and to include the 
International Maritime Organization (IMO) international number in the 
advance notice of arrival report; (2) in the near future, issue a 
supplemental notice of proposed rulemaking (SNPRM) regarding additional 
operational measures for tankships and tank barges; and (3) review 
comments on the NPRM for major measures and revise the Regulatory 
Assessment (RA) before issuing a supplemental notice of proposed 
rulemaking (SNPRM) regarding structural measures for tankships and tank 
barges.

Background and Purpose

    Section 4115 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 
101-380) mandates regulations to provide improved protection from oil 
spills in waters subject to jurisdiction of the United States due to 
collisions and groundings of tank vessels that are constructed or 
adapted to carry, or that carry oil in bulk as cargo or cargo residue. 
Section 4115(b) (which appears as a statutory note following 46 U.S.C. 
3703a) directs the Coast Guard to develop structural or operational 
requirements for tank vessels of 5,000 gross tons (GT) or more to serve 
as regulations until 2015, when all tank vessels operating in U.S. 
waters are required to have double hulls under section 4115(a) of OPA 
90 (46 U.S.C. 3703a). Regulations issued under the authority of section 
4115(b) must provide as substantial protection to the environment as is 
economically and technologically feasible.

Discussion of Comments and Changes

    Background information on structural and operational measures for 
existing vessels without double hulls is provided in the preambles to 
the ANPRM and the NPRM.
    The Coast Guard received a total of 132 comments concerning the 
NPRM; however, only 8 comments addressed the provisions on emergency 
lightering equipment, and there were no comments on the advance notice 
of arrival requirements for foreign vessels. The Coast Guard also 
received two comments on the applicability of the regulations.

Emergency Lightering Equipment

    The NPRM proposed requirements for vessels covered by the 
regulations to be equipped with lightering equipment, including certain 
size reducers, bolts, washers, nuts, gaskets, and appropriate 
quantities of spares. The onboard emergency lightering equipment is 
intended to facilitate rapid transfer of oil from a vessel in the case 
of a collision or grounding. Although, normally, lightering operations 
should not commence until salvage experts and the vessel's master have 
assessed the condition of the vessel, under some circumstances 
immediate action may be required. If oil cargo is improperly lightered 
from a vessel or if oil cargo is lightered from the wrong tanks, 
additional damage to the vessel could occur, crew safety could be 
jeopardized, and additional oil cargo could be discharged into the 
marine environment. Even if lightering is not initiated until after a 
full assessment of its suitability, having the required equipment on 
board ensures that lightering will not be delayed.
    Eight comments on the NPRM expressed general support for the Coast 
Guard's requirement for emergency lightering equipment. In addition, 
four of these comments proposed modifications.
    Three comments agreed with the requirement to store emergency 
lightering equipment near the cargo manifold as long as the equipment 
is stored in such a manner that it is protected from the weather. The 
Coast Guard agrees and is requiring all emergency lightering equipment 
to be stored in one separate and marked location, in a space such as 
the cargo control room, pump room, or forecastle locker, and as 
convenient to the cargo manifold, as practicable.
    One comment disagreed with the specific pieces of equipment 
required by the NPRM and suggested that any requirement for emergency 
lightering equipment be considered as a total package along with other 
lightering and salvage equipment. The equipment required by this rule 
is in addition to the requirements for lightering equipment found in 
the Vessel Response Plans (VRP) IFR (58 FR 43434). This equipment is 
independent of all other lightering equipment; it is not to be viewed 
as part of a larger package of lightering equipment found in the VRP 
IFR. Additionally, it must be stored separately from all other 
lightering equipment for the purposes of easy identification and quick 
access.
    The Coast Guard has determined that the emergency lightering 
equipment required by this regulation is necessary to ensure that the 
vessel owner or operator has lightering equipment available immediately 
to use the vessel's cargo pumps to discharge through its manifold to 
another vessel alongside. This requirement will increase rather than 
decrease compatibility with other parts of an overall lightering or 
salvage system.
    Another comment suggested that the Coast Guard require two extra 
sets of bolts, washers, nuts and gaskets per reducer set instead of 
just one extra set. Although carriage of additional spares is 
encouraged, the Coast Guard has opted to establish a minimum 
requirement.
    One comment stated that foreign flag vessels should be exempt from 
the requirement to have equipment that meets the material standards 
referenced in the proposed regulations (46 CFR 56.25). The comment 
claimed that some of the material standards referenced would not be 
appropriate for foreign flag vessels because their standards are 
established by other classification societies or by other foreign 
standards. The comment did state, however, that foreign flag vessels 
should be held to the dimensional requirements in the proposed 
Sec. 157.420 of the NPRM.
    The Coast Guard finds that no change in response to this comment is 
appropriate. Foreign flag vessels operating in U.S. waters must be 
prepared to conduct emergency lightering operations in coordination 
with vessels operating under Coast Guard standards. The Coast Guard 
will accept equipment that complies with other standards that it 
determines to be equivalent, or it may accept specific pieces of 
equipment as being equivalent. All lightering equipment, regardless of 
which standards are used, must facilitate safe lightering operations.
    One comment indicated that the Coast Guard should consider 
requiring onboard emergency rapid transfer systems (ERTS) in 
conjunction with the requirement for emergency lightering equipment. 
Without full-scale development and testing of the ERTS, the Coast Guard 
does not wish to mandate the use of this system because its 
effectiveness is unproven; however, the Coast Guard may consider the 
use of such a system in the future if it determines that such an 
arrangement provides as substantial protection to the environment as is 
economically and technologically feasible and meets the general safety 
considerations.
    Adapters have been added to the equipment required by Sec. 157.410 
to ensure equipment size compatibility. Adapters are required to adapt 
components with dimensions in English units to metric units. The vessel 
owner or operator must provide any other adapters that are necessary to 
ensure connection to the specified hose sizes for lightering purposes.
    Initially, the NPRM for this rulemaking proposed a 3-year phase-in 
period for structural and operational measures. This period would give 
the vessel owner or operator sufficient time to conveniently drydock a 
tank vessel. The lightering equipment required by this final rule does 
not require drydocking for installation and is most likely available 
from manufacturers' stock inventory. Therefore, a phase-in period of 1 
year is granted to allow for convenient installation aboard a tank 
vessel.

Advance Notice of Arrival

    The NPRM proposed to require the owners or operators of certain 
foreign flag tank vessels to provide the vessels' IMO international 
numbers to the Captains of the Port before arriving at a port or place 
in the United States. There were no comments on the advance notice of 
arrival requirements in the NPRM, and the requirements remain unchanged 
in the final rule. However, the effective date has been changed from 3 
years to 90 days after publication of this final rule. Because no 
structural or operational changes are required to implement this 
provision, the change in the effective date should not adversely affect 
the owners or operators of foreign flag tank vessels operating in U.S. 
waters.

Location Within Regulations

    In the NPRM, the regulations for emergency lightering equipment 
were located in a proposed new subpart G at 33 CFR 157.420. Because the 
requirements for structural measures, which were located in proposed 
Secs. 157.410 and 157.415 in the NPRM, are not being issued at this 
time, the requirements for emergency lightering operations will be 
located at Sec. 157.410 in the final rule. Section 157.400 entitled 
``Purpose and scope'' is being issued at this time except that proposed 
paragraph (c), which established the effective date for the entire 
subpart, has been deleted.

Regulatory Evaluation

    The NPRM of October 22, 1993, was classified as ``major'' under 
Executive Order 12291, which was in effect, because the cost of the 
proposed requirements would be over $100 million annually. As 
previously discussed, the final rule implements only a minor portion of 
that proposal. This rule is not a significant regulatory action under 
Executive Order 12866, and 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 
(44 FR 11040; February 26, 1979).
    A draft Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT has been prepared and is available in 
the docket for inspection or copying where indicated under 
``ADDRESSES.'' The Evaluation is summarized as follows.

Summary of Benefits

    This rulemaking requires all applicable vessels to carry emergency 
lightering equipment including reducers, adapters, bolts, washers, 
nuts, and gaskets. The principal benefit will be to facilitate rapid 
oil transfer from a stricken tank vessel to another tank vessel in 
those instances where the stricken vessel's cargo pumps are operable. 
The resultant ability to rapidly transfer oil will minimize the risk of 
further spillage. A review of a sample of marine pollution cases did 
not reveal a sufficient number of incidents from which the benefits of 
this measure could be directly quantified. However, the measures will 
be useful in cases where a vessel's cargo transfer system remains 
operational although portions of the ship are damaged and substantial 
quantities of oil remain aboard. This lightering equipment can be used 
to reduce the risk of further spillage.
    This final rule also requires a foreign flag vessel to report its 
IMO international number to the Coast Guard Captain of the Port when 
reporting its advance notice of arrival. This international number will 
provide the Coast Guard with a means of accessing Marine Safety 
Information System (MSIS) data on the vessel, from which the Coast 
Guard may determine whether any special attention would be necessary if 
the vessel were involved in a collision or grounding. A quick response 
that takes into account the special circumstances of a vessel will 
significantly reduce the amount of oil spilled as a result of a 
collision or grounding. Although the benefits from this requirement 
could be significant, the Coast Guard is unable to quantify them from 
available data.

Summary of Costs

    The present value of the cost to the tank vessel industry of 
providing a storage area and acquiring emergency lightering equipment 
is expected to total $6 million. U.S. tank vessels will incur $1 
million of the total cost and foreign tank vessels trading with the 
United States will incur the remaining $5 million. The undiscounted 
cost per vessel will range from $4,000 to $9,500 for foreign tank 
vessels, and $5,000 to $12,500 for U.S. tank vessels covered by this 
final rule, depending on the configuration of the vessel and extent of 
modifications required to provide appropriate storage. The undiscounted 
cost for U.S. tank barges is estimated at about $5,000 per barge. 
Additionally, the cost to U.S. tank vessels may be more expensive 
because U.S. materials and labor rates are generally higher.
    The requirement for a foreign vessel to provide its international 
number in its advance notice of arrival report will create no 
additional cost to the tank barge and tankship industries. Tank vessels 
are now required to report advance notice of arrival to the Captain of 
the Port of each U.S. port visited, and the international number is 
readily available to the master, owner, or agent.
    The present value of the total cost of this final rule to the 
tankship and tank barge industries is $6 million.

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 for 
this rule.
    The present value of the cost of this rule totals $6 million. The 
undiscounted cost per vessel will range from as low as $4,000-$5,000 
per vessel for the smallest tankship and tank barge included in this 
rulemaking to only $12,500 per vessel for the largest U.S. flag tank 
vessel affected. These sums include both the hardware and shipyard 
costs for stowage arrangements and are extremely small when compared 
with the capital invested in the affected vessels. No early vessel 
retirements are anticipated as a result of this final rule. In 
accordance with OPA 90, the Coast Guard excludes from this final rule 
the tank barge and tankship fleet under 5,000 GT.
    Because of the exemption of tank vessels of less than 5,000 GT from 
this final rule and the low cost per vessel, the Coast Guard certifies 
that this rulemaking will not result in a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This rule contains collection-of-information requirements. The 
Coast Guard has submitted the requirements to the Office of Management 
and Budget (OMB) for review under section 3504(h) of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), and OMB has approved them. The 
section number is 160.207 and the corresponding OMB approval number is 
OMB Control Number 2115-0557.

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this regulation 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 preparation of an Environmental Impact Statement is 
not necessary. An Environmental Assessment (EA) and a Finding of No 
Significant Impact are available in the docket for copying or 
inspection where indicated under ``ADDRESSES.'' The environmental 
impacts of the requirements of this rule are sufficiently severable 
from the operational and structural measures proposed in the NPRM to 
allow independent evaluation.

List of Subjects

33 CFR Part 157

    Cargo vessels, Oil pollution, Reporting and recordkeeping 
requirements.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials 
transportation, Marine safety, Navigation (water), Report and 
recordkeeping requirements, Vessels, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
amending 33 CFR parts 157 and 160 as follows:

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

    1. The authority citation for part 157 is revised to read as 
follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 
1.46. Subpart G is issued under section 4115(b), Pub. L. 101-380, 
104 Stat. 520.

    2. Section 157.03 is amended by revising the introductory text to 
read as follows:


Sec. 157.03  Definitions.

    Except as otherwise stated in a subpart.
* * * * *
    3. Subpart G is added to part 157 to read as follows:
Subpart G--Structural and Operational Measures for Certain Oil Tankers 
Without Double Hulls
Sec.
157.400  Purpose and scope.
157.410  Emergency lightering requirements for oil tankers.

Subpart G--Structural and Operational Measures for Certain Oil 
Tankers Without Double Hulls


Sec. 157.400  Purpose and scope.

    (a) In accordance with the Oil Pollution Act of 1990, certain oil 
tankers without double hulls must comply with measures that provide as 
substantial protection to the environment as is economically and 
technologically feasible.
    (b) For the purposes of this subpart, ``oil'' has the same meaning 
as provided in Sec. 151.05 of this chapter.
    (c) This subpart applies to each oil tanker of 5,000 gross tons or 
more that--
    (1) Enters or operates in the navigable waters of the United States 
or the United States Exclusive Economic Zone (EEZ), as defined in 33 
U.S.C. 2701(8); and
    (2) Is not currently equipped with a double hull but required to be 
equipped with a double hull at a date set out in Appendix G to this 
part.


Sec. 157.410  Emergency lightering requirements for oil tankers.

    No later than August 5, 1995, each oil tanker, to which this 
subpart applies, shall carry the equipment listed in paragraphs (a), 
(b), and (c) of this section. This equipment shall be located on the 
main deck, in the cargo control room, in the pump room, or in the 
forecastle locker. This equipment must be protected from the weather 
and must be stored in one separate and marked location which is as 
convenient to the cargo manifold, as is practicable.
    (a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow 
at least two simultaneous transfer connections to be made from the 
vessel's cargo manifold to 15-centimeter (6-inch), 20-centimeter (8-
inch), and 25-centimeter (10-inch) cargo hoses. All reducers must be 
permanently marked with sizes.
    (b) One extra set of adapters, bolts, washers, nuts, and gaskets 
per reducer set must be carried as spares.
    (c) Reducers, bolts, and gaskets must meet the requirements of 46 
CFR 56.25.

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

    4. The authority citation for Part 160 is revised to read as 
follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. 3703a (note); 49 CFR 1.46. 
Section 160.207(c)(5) is issued under 4115(b), Pub. L. 101-380, 104 
Stat. 520.

    5. In Sec. 160.207, paragraph (c)(5) is added to read as follows:


Sec. 160.207  Notice of arrival: Vessels bound for ports or places in 
the United States.

* * * * *
    (c) * * *
    (5) The International Maritime Organization (IMO) international 
number of each foreign flag vessel of 5,000 gross tons or more, which 
is constructed or adapted to carry, or that carries, oil in bulk as 
cargo or cargo residue.
* * * * *
    Dated: July 15, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-19173 Filed 8-4-94; 8:45 am]
BILLING CODE 4910-14-M