[Federal Register Volume 59, Number 219 (Tuesday, November 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28067]
[[Page Unknown]]
[Federal Register: November 15, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 30 and 32
[CGD 90-071]
RIN 2115-AD69
Tank Level or Pressure Monitoring Devices
AGENCY: Coast Guard, DOT.
ACTION: Notice of public meeting.
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SUMMARY: The Coast Guard will hold a public meeting to discuss
implementation of the provision in the Oil Pollution Act of 1990 (OPA
90) which requires the establishment of minimum performance standards
for tank level or pressure monitoring devices for tank vessels that
carry oil. OPA 90 also requires the promulgation of regulations
establishing, consistent with generally recognized principles of
international law, requirements concerning the use of these devices.
Public comment is sought with regard to both the establishment of
minimum performance standards and the establishment of operating
requirements for tank level and pressure monitoring devices for oil
cargo tanks on tank vessels. The Coast Guard will hold the meeting to
give the public an opportunity to comment and provide input to the
development of this regulation.
DATES: The public meeting will be held at 9 a.m. on December 9, 1994.
Written comments must be received by February 9, 1995.
ADDRESSES: The public meeting will be held in room 2415, Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
Persons who are unable to attend the public meeting may mail
written comments to 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, or deliver them to room 3406 at
the same address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. Persons submitting written comments should
include their names and addresses, identify this notice (CGD 90-071)
and give the reason for each comment. Please submit two copies of all
comments and attachments in an unbound format, no larger than 8\1/2\ by
11 inches, suitable for copying and electronic filing. Persons wanting
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
FOR FURTHER INFORMATION CONTACT: Mr. Randall N. Crenwelge, Project
Manager, Oil Pollution Act (OPA 90) Staff (G-MS-A), (202) 267-6740.
This number is equipped to record messages on a 24-hour basis. Anyone
wishing to make a presentation is requested to call this number and
give the following information: Docket number (CGD 90-071); name;
company or organizational affiliation (if any); and the estimated
amount of time needed for the presentation.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this Notice are Mr.
Randall N. Crenwelge, Project Manager, and Ms. Pam Pelcovits, Project
Counsel, OPA 90 Staff, (G-MS-A).
Background and Discussion
Section 4110(a) of the Oil Pollution Act of 1990 (OPA 90) (Pub. L.
101-380) (found at 46 U.S.C. 3703 note), directs the Secretary of
Transportation to establish minimum standards for devices to warn of
overfills, to determine levels of oil in cargo tanks, and to monitor
the pressure of cargo oil tanks. In addition, section 4110(b)
authorizes the Secretary of Transportation to promulgate regulations
establishing, consistent with generally recognized principles of
international law, requirements concerning the use of overfill devices
and tank level or pressure monitoring devices. This authority has been
delegated to the Coast Guard (49 CFR 1.46).
In order to solicit advance comments on minimum performance
standards for tank level and pressure monitoring devices, which provide
a means for leak detection, the Coast Guard published an advance notice
of proposed rulemaking (ANPRM) in the Federal Register on May 7, 1991
(56 FR 21116). (Overfill devices were the subject of a notice of
proposed rulemaking (NPRM), published in the Federal Register on
January 12, 1993 (58 FR 4040), and an Interim Final Rule (IFR)
published in the Federal Register on October 21, 1994 (59 FR 53286).)
Technical Feasibility Study
The Coast Guard commissioned a technical feasibility study, ``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 and
pressure monitoring systems exists for both marine and shoreside
applications. Several of these systems include the following
components: Hydrostatic gauges, radar gauging measures, resistance
tape, floats, ultrasonic systems, fiber optics, capacitance-actuated
devices, and the electromagnetic level indication (EMLI) system. The
study concluded that these systems' performance is significantly
affected by the severity of their operating environment.
The study discussed the wide variety of available liquid level
detectors and pressure monitoring systems, and evaluated the
performance of these sensors using both ideal and simulated shipboard
conditions (e.g., environmental noise, ship motion, etc.). The effects
of these conditions varied depending on the system used. In some
circumstances, environmental noise was found to substantially degrade
performance. The greatest variations were found to be caused by cargo
sloshing while the ship was in transit.
In view of these problems, the study found that ``attainable
accuracy,'' the limit of cargo level change beyond which the crew could
be confident that the signal indicates the existence of a leak, is
within 1.0-2.0 percent of the actual level. On a 400,000 deadweight ton
tanker (VLCC or very large crude carrier), this accuracy translates to
the possible loss of from 36,075 to 72,150 gallons of oil before the
device would sound an alarm. The Coast Guard is concerned that this
represents insufficient warning to allow for prompt action by the crew.
While the Coast Guard requested, in the ANPRM, comments concerning
the ``attainable accuracy'' of these tank level and pressure monitoring
devices under sloshing conditions and comments concerning the
``attainable accuracy'' and performance of these devices when applied
separately on inland vessels and vessels in ocean service, the public
did not, at that time, have the benefit of seeing the study. Now that
the study has been completed and made available to the public, the
Coast Guard is interested in additional public comment on these issues.
Further, the Coast Guard is interested in comments on whether there
might exist alternative methods for achieving the goal of early and
reliable leak detection at a reasonable cost.
Possible options
In addition to establishing standards for and mandating the use of
tank level and pressure monitoring devices, the Coast Guard might
propose regulations providing for alternative compliance by utilizing
float switches in empty void spaces beneath cargo tanks or by utilizing
vapor detection systems in non-cargo spaces adjacent to the cargo
tanks. Both float switches and vapor detection systems are proven, low
cost technologies. The Coast Guard is interested in comments from the
public regarding these possible alternative compliance techniques as
well as others.
Additionally, the Coast Guard is interested in comments regarding
the following issues:
1. To what extent should existing single-hull tankers be required
to retrofit TLPM devices. Specific information on the costs and
benefits of retrofitting leak detection devises on existing single hull
tank vessels is sought.
2. Whether the Coast Guard should consider excluding from the
application of this rulemaking vessels designed to carry only small
amounts of oil in bulk as cargo. If so, comments are solicited on what
amount should be considered small.
3. Whether application of the regulation should be limited to
vessels carrying petroleum oil in bulk as cargo. While the United
States generally, but not always, regulates all oils together, the
international community regulates nonpetroleum oils separately.
4. How the installation and use of leak detection devices on tank
barges should be addressed. Many tank barges are unmanned and lack
independent electrical systems. Thus, they may present unique
challenges regarding leak detection.
5. How the costs and benefits of this rulemaking should be
calculated. The Coast Guard is interested in receiving specific
comments on the potential costs and benefits of this regulation,
particularly the impact of this regulation on small entities.
Because of the potential impacts of this regulation, and the
results of the Coast Guard's regulatory process review, which indicated
that public meetings provide an excellent opportunity for valuable
input at early stages of the development of regulations, the Coast
Guard has decided to hold a public meeting at the time and place
indicated in this notice.
Dated: November 7, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-28067 Filed 11-14-94; 8:45 am]
BILLING CODE 4910-14-M