[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13318-13324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5573]
[[Page 13317]]
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Part IV
Department of Transportation
_______________________________________________________________________
Coast Guard
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33 CFR Parts 155 and 157
46 CFR Parts 30, 32, 70, 90, and 172
Double Hull Standards for Vessels Carrying Oil in Bulk; Final Rule
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules
and Regulations
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[[Page 13318]]
Coast Guard
33 CFR Parts 155 and 157; 46 CFR Parts 30, 32, 70, 90, and 172
[CGD 90-051]
RIN 2115-AD61
Double Hull Standards for Vessels Carrying Oil in Bulk
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: In an interim final rule (IFR) published on August 12, 1992,
the Coast Guard established regulations for the design standards of
double hull vessels pursuant to the requirements of section 4115 of the
Oil Pollution Act of 1990 (OPA 90 or the Act) (Pub. L. 101-380). This
rule adopts the IFR as final with minor changes to definitions.
EFFECTIVE DATE: This rule is effective on April 10, 1995.
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: Mr. Robert M. Gauvin, Project Manager,
Office of Marine Safety, Security and Environmental Protection (G-MVI),
telephone (202) 267-1181.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Robert M. Gauvin, Project Manager, Office of Marine Safety, Security
and Environmental Protection, and Mr. Nicholas Grasselli, Project
Counsel, Office of Chief Counsel.
Regulatory History
On December 5, 1990, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Double Hull Standards for Tank Vessels
Carrying Oil'' in the Federal Register (55 FR 50192). On September 6,
1991, the Coast Guard published a notice in the Federal Register (56 FR
44051) reopening the comment period until October 7, 1991.
On August 29, 1991, the Coast Guard published a notice in the
Federal Register (56 FR 42763) announcing a public meeting to obtain
the views of interested parties regarding the scope of the
environmental assessment. The Coast Guard subsequently held the scoping
meeting on September 26, 1991.
On January 15, 1992, the Coast Guard published a notice in the
Federal Register (57 FR 1854) announcing the availability of the
Interim Regulatory Impact Analysis (IRIA) and Environmental Assessment
(EA). In response to the IRIA and EA, the Coast Guard received a total
of 112 letters commenting on this rulemaking.
On August 12, 1992, the Coast Guard published an IFR entitled
``Double Hull Standards for Vessels Carrying Oil in Bulk'' in the
Federal Register (57 FR 36222), which requested comments be received on
or before October 13, 1992. On December 18, 1992, the Coast Guard
opened a second comment period for the IFR by publishing a notice in
the Federal Register (57 FR 60402). The Coast Guard received 61 letters
during the IFR comment periods and the Coast Guard considered all
comments received to the rulemaking up to the close of the second
comment period on February 26, 1993. All comments considered by the
Coast Guard on or relating to this rulemaking are in the docket. A
public hearing was not requested and none was held.
Background and Purpose
Section 4115 of OPA added section 3703a to Title 46 U.S. Code.
Section 3703a(a) requires a double hull to be fitted on a vessel if it
is constructed or adapted to carry, or carries, oil in bulk as cargo or
cargo residue. A vessel that is constructed or undergoes a major
conversion under a contract placed on June 30, 1990, or later must have
a double hull fitted at the time of construction or major conversion
(with certain exceptions in the Act). An existing vessel that is
constructed or that undergoes a major conversion under an earlier
contract must be fitted with a double hull in accordance with a
timetable in 46 U.S.C. 3703a(c)(3), which commences January 1, 1995.
Section 3703a does not provide technical standards for a double
hull. This final rule provides marine transportation and shipbuilding
industries with the technical standards necessary to meet the double
hull requirements.
On September 21, 1990, the Coast Guard issued Navigation and Vessel
Inspection Circular (NVIC) No. 2-90. This NVIC provides policy guidance
on double hull construction for a vessel undergoing construction or
major conversion under a contract awarded on or after June 30, 1990,
but prior to the effective date of the IFR which was September 11,
1992. A vessel which is built to plans that have been approved in
accordance with NVIC 2-90 under a contract awarded before the effective
date of the IFR will satisfy the double hull requirements in this final
rule. NVIC 2-90 may not be used for a vessel which undergoes
construction or major conversion under a contract awarded on or after
September 11, 1992. Change 1 of NVIC 2-90, published by the Coast Guard
on November 24, 1992, clarifies the effective dates of NVIC 2-90 as
between June 30, 1990, and September 11, 1992.
A substantial amount of oil imported into the United States is
transported aboard foreign flag vessels. Since the Act applies to all
vessels in U.S. waters, including foreign vessels, the Coast Guard
recognized that U.S. double hull regulations would have a significant
global impact. Therefore, the Coast Guard has also worked at the
international level to establish double hull standards. The
International Maritime Organization (IMO) is a specialized United
Nation agency which oversees international maritime affairs. IMO has
been responsible for developing various international conventions, such
as the International Convention for the Safety of Life at Sea, 1974,
(SOLAS 74), and the International Convention for the Prevention of
Pollution by Ships, 1973, as amended by the Protocol of 1978 (MARPOL
73/78). The Coast Guard represents the United States at IMO
deliberations. In November 1990, the United States submitted a proposal
to IMO's 30th session of the Marine Environment Protection Committee
(MEPC) for international standards to require double hulls for tank
vessels. This proposal resulted in a draft Regulation 13F of Annex I to
MARPOL 73/78. At the 31st session of the MEPC in July 1991 (MEPC 31),
the Committee approved draft Regulation 13F for circulation to IMO
member states for their consideration.
In November 1991, a MEPC working group subsequently refined
Regulation 13F, which was further refined and formally adopted at MEPC
32 on March 6, 1992. The United States reserved its position during the
adoption of Regulation 13F, due to technical differences with OPA 90
regarding the applicability of double hull requirements to certain
categories of vessels and the allowance of the mid-deck concept as an
alternative to a double hull. The double hull dimensions prescribed in
the IFR and this final rule are consistent with those in Regulation 13F
as adopted at MEPC 32. [[Page 13319]]
The MEPC also adopted Regulation 13G to Annex I of MARPOL at its
32nd session. Regulation 13G contains a schedule for retrofitting (with
double hulls) or retiring existing single hull tank vessels at 25 or 30
years after delivery. Regulation 13G also requires vessels built prior
to requirements for protectively located segregated ballast (pre-MARPOL
tankers) to convert tanks protecting 30 percent of the sides or 30
percent of the bottom to non-oil carrying wing tanks or double bottom
spaces no later than 25 years after delivery. The United States also
reserved its position during the adoption of Regulation 13G of Annex I
to MARPOL.
On December 23, 1992, the U.S. deposited a declaration with IMO
regarding the U.S. acceptance and enforcement of Regulations 13F and
13G. This declaration stated that the express approval of the U.S.
Government would be necessary before Regulations 13F and 13G would
enter into force within the U.S. A Federal Register Notice (58 FR
39087) was published on July 21, 1993, discussing the U.S. position on
Regulations 13F and 13G. The two major technical differences between
the domestic and international standards were: (1) The acceptance by
IMO of the mid-deck tanker design as an alternative to the double hull;
and (2) variances in phase-out schedule for existing single hull tank
vessels.
A copy of IMO paper MEPC 32/WP.3, which contains Regulations 13F
and 13G, has been placed in the public docket. Regulations 13F and 13G,
as adopted at MEPC 32, also appeared as an appendix to the preamble of
the IFR for the convenience of the reader.
Discussion of Comments and Changes
The Coast Guard thanks the many interested parties who submitted a
total of 61 documents to the public docket. These comments provided
very useful information and afforded valuable assistance to the
completion of this final rule.
This section discusses the comments received as well as the Coast
Guard's responses and changes to the IFR. This section is divided into
two subsections. The first subsection discusses comments regarding the
specific CFR sections, and the second subsection discusses nonspecific
comments concerning other issues relating to this rulemaking and double
hull requirements in general.
Comments Relating to Specific CFR Sections
All comments and changes to each section of the rule are discussed
within the following paragraphs, and the paragraphs are numbered in the
order of their appearance in the CFR.
1. 33 CFR 157.03(n). Two comments were received regarding the
determination of the definition of oil. One comment disagreed with the
applicability of the definition to include vegetable oils and the other
discussed the need to harmonize the definition with the MARPOL
Convention.
The Coast Guard has researched the definition of oil and found its
development based upon 46 U.S.C. 2101(20). To change this definition
would require amendment of 46 U.S.C. 2101(20), which OPA 90 has not
done. OPA 90 has reinforced the need for tougher, and more restricted
controls over oil transportation. The Coast Guard has chosen to
implement the double hull standards to the full extent of the
definition of oil. Therefore, the definition of oil under this
regulation will include animal and vegetable oils.
The Coast Guard recognizes that the definition of oil in 46 U.S.C.
2101(20) is inconsistent with the definition of oil under Annex I of
MARPOL. Non-petroleum based oil, such as animal and vegetable oils are
specifically designated as Category D noxious liquid substances (NLS)
under Annex II of MARPOL. As OPA 90 does not allow for administrative
interpretation of the definition of oil, existing regulations
applicable to oceangoing vessels carrying NLS apply to a vessel
carrying animal and vegetable oil in bulk, in addition to the new
double hull requirements under this rule.
For the purpose of this rule the definition of oil shall not be
limited to petroleum oils and shall include animal and vegetable based
oils for the double hull requirements.
2. 33 CFR 157.03(v). Four comments addressed the applicability of
this rule to vessels other than a tank barge or a tankship designed
primarily to carry oil. One comment requested that offshore supply
vessels (OSVs) be exempt from the requirements of the double hull
standards under this rule. The three other comments strongly opposed
the application of this rule to freight vessels involved in the
Maritime Prepositioning Ship (MPS) Program, which under a National
Defense Waiver (NDW) issued by the Secretary of the Navy, carry a
secondary cargo of oil used to fuel the vessel's main cargo of military
vehicles.
OPA 90 double hull requirements apply to a tank vessel as defined
in 46 U.S.C. 2101(39). On November 4, 1992, Pub. L. 102-587 and on
December 20, 1993, Pub. L. 103-206 were enacted, with sections which
clarified the meaning of the tank vessel definition in 46 U.S.C.
2101(39).
Section 5209 of Pub. L. 102-587, entitled, ``Tank Vessel Definition
Clarification,'' stated that the following vessels are deemed not to be
a tank vessel for the purpose of any law: (1) An OSV; and (2) a fishing
or fish tender vessels of not more than 750 gross tons that transfers
fuel without charge to a fishing vessel owned by the same person.
Section 321 of Pub. L. 103-206, entitled, ``Fishing and Fishing
Tender Vessels,'' stated that a fishing vessel or fish tender vessel of
not more than 750 gross tons, when engaged only in the fishing
industry, shall not be deemed to be a tank vessel for the purpose of
any law.
Therefore, an OSV would not be required to meet this rule for the
use of tanks onboard which carry oil (including drill mud that contains
oil) as bulk cargo. Likewise fishing and fish tender vessels of not
more than 750 gross tons, when engaged only in the fishing industry,
are not required to meet the design standards of this rule.
Due to Section 5209 of Pub. L. 102-587 and Section 321 of Pub. L.
103-206, Sec. 157.03(v) has been amended to show the clarification of a
tank vessel definition under the meaning of tank vessel in 46 U.S.C.
2101(39).
On December 18, 1992, a Federal Register Notice (57 FR 60402), was
published by the Coast Guard reopening the original IFR comment period
until February 26, 1993. This was done to provide the public a further
opportunity to comment on the IFR regarding: existing double hull
vessel design requirements; and double hull requirements for non-
traditional tank vessels carrying oil in bulk. Verbal and written
public comments received by the Coast Guard suggested there was some
uncertainty as to the applicability of the Act to vessels that carry
oil in bulk or cargo residue, as a secondary cargo.
Subject to the provisions of section 4115 of the Act, this rule
applies to all vessels which carry oil in bulk or cargo residue, which
includes tank vessel, tank barge, and a vessel certificated as a cargo
or passenger vessel that carries limited quantities of oil in bulk.
The Maritime Prepositioning Ship Program was initiated through the
U.S. Navy and Marine Corps, using time chartered U.S. commercially
operated dry cargo vessels, to carry military logistic supplies in a
pre-loaded condition. These existing vessels are certificated to carry
a limited quantity of bulk oil, to fuel their primary cargo of military
vehicles.
The Coast Guard has no discretion to waive or exempt requirements
of double [[Page 13320]] hull protection by the Act. Cargo tanks on
these vessels must be protected in accordance with this rule. The
Secretary of the Navy may extend the NDW for these vessels to include
the double hull requirements for their cargo oil tanks. Presently,
these vessels are not required to meet the double hull rules until 23
years into their time charter with the U.S. Government.
The notes provided in 46 CFR 70.05 and 46 CFR 90.05 to clarify the
applicability of this rule to cargo and passenger vessels, have not
changed due to these comments.
3. 33 CFR 157.03(aa). Four comments were received requesting
interpretations on the cargo tank length definition. These four
comments were from vessel designers or classification societies, who
felt unsure on the meaning of the IFR stated definition for cargo tank
length and requested how the definition was to be interpreted for
actual proposed double hull tank vessel designs. Two additional
comments were received recommending that the cargo tank length
definition of the IFR be harmonized with the definition provided by the
term ``Lt'', in Sec. 157 Appendix C. The definition of the term
``Lt'' in Sec. 157 Appendix C is the same as the definition of
cargo tank length provided by Regulation 13E of Annex I, MARPOL 73/78.
The Coast Guard's intent, as specified in the IFR preamble, was to
be consistent with the international double hull design standards and
to ensure that compliance and enforcement was equal for U.S. and
foreign vessels meeting these rules. The existing cargo tank length
definition in Sec. 157.03 was promulgated under the segregated ballast
requirements of the Port and Tanker Safety Act of 1978.
The Coast Guard modified this definition in the development of the
IFR to ensure it not only addressed tankships, but also barges. The
above comments illustrate that the IFR definition still may cause
confusion regarding the cargo tank length of the vessel requiring
double hull protection.
Also, the Coast Guard has noted that non-standard tank vessels,
such as dry cargo, break bulk, or passenger vessels, which carry oil as
a secondary cargo, may not fit the cargo tank length definition in the
IFR.
To ensure consistency with international standards, allow use with
non-standard tank vessels, and assist in the conversion of existing
single hull tankships to double hulls, the cargo tank length definition
has been amended in Sec. 157.03(aa) to harmonize it with the definition
of ``Lt'' in Sec. 157 Appendix C, and thus MARPOL 73/78.
Various designs for rebuilding, converting, and installing new
double hull bodies on existing single hull tankships, have been
provided to the Coast Guard for review and interpretation under the
IFR. The IFR definition has been found to limit the ability to redesign
existing hull configurations where a cargo pump room is located forward
of the engine room's forward bulkhead. In these designs, fuel tanks
integral with the engine room extend over or around the cargo pump
room. To double hull these fuel tanks would limit the fuel capacity of
the vessel and its ability to trade, but would not increase the
protection of the cargo tank block. Risk of damage in this after area
of the vessel is historically low and in most designs the cargo pump
room extends below the fuel tanks providing them with bottom void
protection, that equals or exceeds double bottom height standards.
Changing the cargo tank length definition will not affect barges.
The after perimeter for cargo tank length of barges would be the same
under the U.S. and international definitions.
4. 33 CFR 157.10d(b). Ten comments recommended an expansion of
Sec. 157.10d(b)(1) to permit alternatives to double hulls. These
comments support a number of design alternatives which were discussed
in the IFR.
A report was provided to Congress by the Coast Guard in December
1992, titled, ``Alternatives to Double Hull Tank Vessel Design.'' The
report, required by Section 4115(e) of OPA 90, evaluated alternative
tank vessel designs to the double hull, to determine which, if any,
could provide protection to the environment equal to or exceeding the
double hull.
The report's conclusions were: (1) At this time, the Coast Guard
has not identified equivalent designs to the double hull tanker for the
prevention of oil outflow due to groundings; (2) shortcomings exist in
the current tanker evaluation methodology; (3) environmental
performance standards and a specific methodology for the evaluation of
alternative designs in terms other than oil outflow are not fully
developed; and, (4) probabilistic computer modeling shows promise as a
useful tool for initial evaluation of future designs.
The report's recommendations were: (1) That no change in the
present OPA 90 legislation be made at the time of the report; (2) that
the Coast Guard continue to evaluate novel designs and technology
submitted, reporting any suitable alternatives to double hulls to
Congress as they are identified; (3) that the Coast Guard support
continued research in the development of an evaluation and prediction
capability that will enable a more accurate assessment of oil outflow
due to grounding based on the recommendations outlined in the Carderock
Division, Naval Surface Warfare Center (formerly the David Taylor Model
Basin) test results; (4) that the Coast Guard, on behalf of the United
States, continue to support efforts of the IMO to develop international
environmental performance standards for tankers, by participation in
finalizing the guidelines for the evaluation of alternative designs
already circulated to IMO member governments; and, (5) that the Coast
Guard, on behalf of the United States, continue to support the efforts
of IMO to develop an internationally approved probabilistic methodology
which can be applied to oil outflow analysis, risk assessment and
vessel survivability.
OPA 90, section 4115, accepts only the double hull design. An
amendment to OPA 90 would be needed to allow for acceptance of any
alternative tank vessel designs. Twelve comments support that the
double hull be the only acceptable design for use in U.S. waters. These
comments provide a number of reasons why the double hull is a superior
design to protect the environment which are in accord with the Coast
Guard's report on alternative tank vessel designs.
One additional comment favored further research on the probability
of oil outflow for the determination of equivalency designs to the
double hull.
Work on the probability of oil outflow is being completed by an IMO
Working Group to establish guidelines for equivalency to Regulation 13F
of Annex I of MARPOL 73/78. The United States submitted the above Coast
Guard report to Congress with its enclosures to IMO as an information
paper at MEPC 34 (MEPC 34/INF.18) in July 1993. The United States is
actively involved and supporting the studies of the MEPC Working Group
to ensure that the international and U.S. standards may parallel the
guidelines of acceptance for alternative tank vessel designs.
Two comments were received on the allowable strength of double hull
design and one on alternative materials acceptable for double hull tank
vessel construction.
Under 46 CFR 31.10-1 the U.S. accepts the American Bureau of
Shipping (ABS) standards, ``Rules for Building and Classing Steel
Vessels,'' for the minimum requirements of strength and reliability of
hulls, boilers, and machinery for tank vessels. Specific standards for
the strength and scantling [[Page 13321]] of tankship and tank barge
construction are in 46 CFR 32.60 and 32.63.
The U.S. also accepts approved plans and the certificates of ABS,
or other recognized classification societies, for classed vessels as
evidence of structural sufficiency for a vessel's hull. This is not to
say that alternative materials to steel will not be acceptable. The
Coast Guard, pursuant to recommendations in its report to Congress, has
responded to questions by designers, owners, and operators of tank
vessels regarding the use of alternative materials to meet the double
hull standards of the IFR.
This rule does not prescribe standards for vessel strength or
scantlings. Strength and scantling requirements are reviewed in the
initial approval or acceptance of a vessel design prior to the vessel's
inspection for certification by the Coast Guard. Actions are being
taken through the newly established Flag State Implementation (FSI)
Sub-Committee at IMO, in conjunction with the International Association
of Classification Societies (IACS), to examine classification society
and international vessel construction strength rules. Areas of concern
involve the use of high tensile steels, reduced corrosion levels in
scantlings, and designs in which scantlings or other structural members
are susceptible to fatigue fracturing.
5. 33 CFR 157.10d(c). Three comments addressed the dimensions for
double bottom height prescribed in Sec. 157.10d(c)(2). Two comments
supported larger protective double bottom spacing (B/15 or 2 meters,
whichever is greater), while one comment suggested that the height for
a vessel's double bottom spacing be determined using a mean sized
vessel's beam which would enhance inspection and maintenance
capabilities for smaller beamed vessels and not penalize beamier
vessels (specifically barges) that usually operate at a shallower
draft.
The major concern stated was that larger vessels, specifically
those over 100,000 deadweight tons (DWT), would be allowed to default
to a height of 2 meters under the IFR requirement of B/15 or 2 meters,
whichever is less. It was also stated in the comment that the National
Research Council (NRC) recommended the dimension requirement for double
bottom height be, ``B/15 or 2 meters, which ever is greater,'' in their
study, ``Tanker Spills: Prevention by Design.'' The Coast Guard notes
that in that study's Executive Summary, the NRC recommended that more
research was needed to determine the spacing between hulls that best
satisfies all concerns.
What is not taken into account by the comment is that the double
bottom height of the larger vessels will also be affected by the
requirement of Sec. 157.10d(c)(4). For larger tank vessels to meet the
trim and stability aggregate volume ballast requirements of this
section, a 2 meter spacing of the double bottom and double side voids,
is generally not large enough to provide the volume of ballast
required. Thus, either the double bottom or side spacing, or both, must
be expanded to meet this trim and stability requirement, and results in
the height or width of these spaces being larger than required by the
minimum standards.
The Coast Guard considers the double hull dimensions of the IFR to
appropriately balance economic and environmental concerns. There have
been two recent groundings of vessels which met the B/15 or 2 meters
criteria. In both instances the outer hulls were breached but the inner
hulls were not damaged enough to allow any loss of cargo. Both vessels
were able to offload their cargoes safely, and proceed in ballast to
shipyards for major bottom hull repairs.
This design standard has received strong public consensus and been
incorporated in IMO's accepted Regulation 13F of Annex I of MARPOL 73/
78 for international vessel double hull design standards. The Coast
Guard considers international consistency to be extremely important due
to the global nature of the marine transportation of oil. Therefore,
this final rule makes no change to the parameter of the double bottom
spacing standards for double hull design.
6. 33 CFR 157.10d(c), continued. Two comments were received
regarding the double hull protection required by Sec. 157.10d(c) (1)
and (2) to include fuel tanks. One comment supported the IFR standard
for protection of fuel oil tanks only within the cargo tank length as
discussed in paragraph 3, while the second comment stated that the IFR
violated OPA 90 by failure to require double hull protection for bunker
fuel tanks throughout the vessel's length.
As discussed in detail in the IFR, the Coast Guard does not concur
that OPA 90 requires the protection of fuel oil tanks outside of
vessel's cargo tank length. Thus, no change has been made and fuel oil
tanks aft of the cargo tank length (defined in 33 CFR 157.03(aa)) are
not required to be double hull protected.
7. 33 CFR 157.10d(c), continued, and 157.10d(d). Eight comments
recommended that existing double hull tank vessels be permitted to
continue operating, even if the dimensions of such vessel, specifically
the double bottom height, do not meet the existing vessel double hull
standards of Sec. 157.10d(c)(2)(iii). Two comments supported that the
existing double hull dimension standards remain as published in the
IFR.
The Coast Guard previously responded to comments such as these in
the IFR preamble for vessels contracted before June 30, 1990, and
reduced the dimensional requirements for existing double hulls in
Sec. 157.10d(c)(1)(iii) for double side width, and
Sec. 157.10d(c)(2)(iii) for double bottom height. These dimensional
standards are consistent with the international standards of
Regulations 13G of Annex I of MARPOL, as adopted by MEPC 32.
The comments received did not provide significant information to
support a need to reduce the double bottom minimum dimension standards.
To reduce these standards further would restrict existing double hull
vessels from trading internationally. As noted below, domestic vessels
on limited routes do have reduced double hull spacing standards.
The Coast Guard has not changed the minimum dimensions acceptable
for existing double hull tank vessels in this final rule. The owners of
those existing double hull tank vessels that do not meet the minimum
dimensions in this rule may request an equivalency determination under
the provisions of Sec. 157.07. If the Coast Guard determines that this
has a substantial impact on existing vessels because they are unable to
meet the equivalency provisions, the Coast Guard may consider a future
change to this rulemaking.
One comment stated that the dimension requirements of
Sec. 157.10d(d)(3) which allows vessels less that 10,000 DWT that
operate exclusively on inland and certain coastwise routes to reduce
double hull design standards due to route are not warranted. This
comment did not provide any documentation which supported the need for
larger dimensional spacing for double hull standards on these vessels
of limited size and route. The Coast Guard does not concur with this
comment.
All vessels which are constructed or adapted to carry, or carry,
oil in bulk as cargo or cargo residue must be double hulled under OPA
90 mandate. Vessels under 10,000 DWT (roughly 5,000 gross tons) are not
exempt from this requirement. Under section 4115 of OPA 90, ``a vessel
of less than 5,000 gross tons equipped with a double containment system
determined by the Secretary to be as effective as a double hull for the
prevention of the discharge [[Page 13322]] of oil * * *,'' may be
exempted from the requirement for a double hull. To date, the Coast
Guard has not accepted any double containment system proposals.
8. 33 CFR 157.10d(d). One comment stated that the use of minimum
dimensions for double hull spaces could limit access for the proper
inspection and maintenance of tank vessels. Nothing in this rule
requires the use of minimum dimensions for double hull vessel design
and construction. The Coast Guard encourages designers and builders to
consider equally the inspection and safety requirements for access of
personnel to double hull areas. Recent presentations to the Coast Guard
by companies and individuals designing vessels with double hull
configurations, met or exceeded expectations for access, inspection,
and human engineering allowance for double hull spaces.
As the Coast Guard reviews and approves plans for U.S. flag vessels
before construction or major modification, these areas will be closely
examined. No change to this rule was made.
9. 33 CFR 157.11(g)(1). One comment recommended that a new
subparagraph be added to this section which prohibited the placement of
cargo piping in voids or duct keels within the double bottom space. The
discussion of this recommendation stated that cargo piping located
within the cargo tank offers some degree of protection from damage due
to groundings and it is likely that such an arrangement would allow the
piping system to be available for transfer of cargo in salvage
operations in all but the most severe of incidents.
The Coast Guard agrees with the discussion of this recommendation
in part, but does not agree that a subparagraph needs to be added to
this section. Sec. 157.19 already ensures the height of cargo piping
from vessel's bottom plating which similarly protects it from damage in
a grounding situation.
Duct keels, which can be used for the pathway of cargo piping
through a vessel's cargo block area within a box keel, must be isolated
from double bottom ballast tanks, as cargo piping is not allowed in
these spaces under Sec. 157.11(g)(1)(ii). Duct keels have been used
extensively in the design of liquid bulk oil carriers to allow for a
separation of cargo lines from the ballast tanks while making the pipes
available to examination and repair even when the vessel is in
operation.
The duct keel, which has the heaviest scantlings of the vessel
bottom, including bottom plating, assists in the protection of the
cargo piping system in this design. The rule was not changed due to
this recommendation.
10. 33 CFR 157.19. One comment stated that the cargo tank size
limitation requirement of this section, for vessels under 5000 DWT, was
arbitrary and its restriction would cause operational oil pollution
increases. Further, it stated that many existing double hull inland
river box barges carry approximately 10,000 barrels of cargo in two
cargo compartments of 5,000 barrels each. This section will necessitate
addition of a third compartment to vessels of this DWT size, with tank
capacities limited to less than 4,400 barrels.
As discussed in the IFR, size limitation is a provision of
Regulation 13F, paralleled in U.S. regulations. This requirement limits
the size of individual cargo tanks on new vessels under 5,000 DWT, to
no more than 700 cubic meters (4,400 bbls), unless double sides are
fitted. The IFR and this final rule require a vessel of that size to
have double sides and double bottoms.
The Coast Guard has not made any changes to Sec. 157.19, as the
double hull protection required for tank vessels by this rule surpasses
the requirements of double side protection required by Regulation 13F.
As any new tank barges will require double hull protection, the 4,400
bbls cargo tank size limit will not apply.
11. 46 CFR 32.53. One comment recommended that inert gas
requirements for double hull spaces be closely evaluated, as proposed
in the IFR, prior to future rulemaking. Actions are continuing in this
area of concern at IMO.
At the 61st session of IMO's Maritime Safety Committee (MSC 61),
Resolution MSC.27(61) was adopted as an amendment to SOLAS 74,
regarding new equipment and operation standards for new and existing
vessels. This resolution was accepted on April 1, 1994, as a specified
majority of the Parties signatory to SOLAS 74 did not declare objection
to the resolution.
The Resolution was published in total as part of NVIC No. 3-93 on
April 12, 1993. In Resolution MSC.27(61), Regulation 59--``Venting,
purging, gas-freeing and ventilation,'' was amended by adding a new
paragraph 4 to the existing regulation. The amended Regulation 59 is
republished below for the readers information:
``4 Inerting, ventilation and gas measurement
4.1 This paragraph shall apply to oil tankers constructed on or
after 1 October 1994.
4.2 Double hull and double bottom spaces shall be fitted with
suitable connections for the supply of air.
4.30 On tankers required to be fitted with inert gas systems:
.1 double hull spaces shall be fitted with suitable connections for
the supply of inert gas;
.2 where such spaces are connected to a permanently fitted inert
gas system, means shall be provided to prevent hydrocarbon gases from
the cargo tanks entering the double hull spaces through the system;
.3 where such spaces are not permanently connected to an inert gas
system, appropriate means shall be provided to allow connection to the
inert gas main.
4.4.1 Suitable portable instruments for measuring oxygen and
flammable vapor concentrations shall be provided. In selecting these
instruments, due attention shall be given for their use in combination
with the fixed gas sampling line systems referred to in paragraph
4.4.2.
4.4.2 Where atmosphere in double hull spaces cannot be reliably
measured using flexible gas sampling hoses, such spaces shall be fitted
with permanent gas sampling lines. The configuration of such line
systems shall be adapted to the design of such spaces.
4.4.3 The materials of construction and the dimensions of gas
sampling lines shall be such as to prevent restriction. Where plastic
materials are used, they should be electrically conductive.
This SOLAS amendment does not require permanently inerted double
hull voids, since inert gas poses a danger to personnel and may also
tend to accelerate corrosion in ballast tanks. This amendment requires
that connections be available to supply both air and inert gas to
ballast tanks within the double hull, and requires the capability to
ensure that safe atmospheres are available within them for operational
and personnel safety.
The Coast Guard is reviewing enforcement and regulatory
requirements due to the acceptance of IMO Resolution MSC.27(61)
amendments. If regulatory action is deemed necessary for vessels other
than those on international routes which must meet SOLAS 74
regulations, the Coast Guard will propose regulations in a future
rulemaking.
General Comments (Non-CFR Specific)
12. Ten comments recommended that the IFR be adopted as a final
rule with no changes, and that the double hull rules be the only
accepted design standards. Various reasons were provided, most with the
implication that the double hull would be the best for providing
protection to the [[Page 13323]] environment. Except for changes
discussed above, the Coast Guard agrees with these recommendations.
13. Two comments recommended that double hull designs require
continuous centerline bulkhead standards or stability limitations, as
this design would have a tendency to react erratically due to free
surface effect during loading and offloading situations where the
vessel's tanks are in a partially loaded condition.
The Coast Guard notes that some new double hull tanker designs
without longitudinal bulkheads, though meeting MARPOL and IFR double
hull design standards, have inferior intact stability characteristics
than tankers with longitudinal bulkheads. The Coast Guard, working with
IMO's Stability, Loadlines and Fishing Vessels Safety (SLF) Sub-
Committee, is conducting an ongoing review of the need for additional
longitudinal bulkhead requirements on double hull designs. Most
designs, even without centerline bulkheads, can be safely operated by
vessel officers following loading and discharge instructions in the
vessel's loading manual.
Review and study of these intact stability requirements are being
completed and the Coast Guard is proposing the implementation of new
stability requirements under a separate rulemaking (CGD 91-206).
Interim guidance on stability for double hull tankers has been provided
in NVIC 4-92.
Regulatory Evaluation
This rulemaking is a significant regulatory action under section
3(f) of Executive Order 12866 and has been reviewed by the Office of
Management and Budget under that order. It requires an assessment of
potential costs and benefits under section 6(a)(3) of that order. It is
significant under the regulatory policies and procedures of the
Department of Transportation (44 FR 11040; February 26, 1979). An
analysis of the double hull rules is in the public docket.
Implementation is projected to gradually increase the transportation
cost of oil by four-tenths of a cent per gallon over the next 25 years.
This double hull rulemaking is one of several rules which are being
issued in accordance with Titles IV and V of OPA 90. Some of these
rules interact with each other. The overall impact of these rules may
not equal the cumulative total impact of each rule considered
individually. For example, the beneficial impact of the double hull
rule is the reduced amount of oil spilled after certain grounding or
collision casualties. However, the impact of this rule will be reduced
by other OPA 90 rulemakings and other actions that will improve
operational and navigational safety of vessels which carry oil in bulk.
These other actions will reduce the numbers of collisions and
groundings which, in turn, reduce the overall benefits of (or, total
spill reduction attributable to) double hull construction.
The Coast Guard intends to conduct a comprehensive, programmatic
RIA for all Title IV and V OPA 90 rules, once they are all completed
and issued. This comprehensive RIA will evaluate the interaction of the
rules relative to each other, and assess their impacts in total.
However, since the rules are being developed and issued individually
over several years, each rule is being evaluated by itself through an
interim regulatory impact analysis (Interim RIA).
Accordingly, an Interim RIA of this rule was prepared and placed in
the public docket. The Interim RIA addresses the need for this
rulemaking, the standards adopted in this rule, the alternatives to
this rule, and the anticipated economic impacts of this action. A
Notice of Availability of the Interim RIA was published in the Federal
Register on January 15, 1992 (57 FR 1854), and public comments on the
Interim RIA were invited. Six comments were received; none of the
comments resulted in revision of the Interim RIA. However, an addendum
to the Interim RIA has been placed in the public docket to reflect an
increase in the projected economic benefits of spill prevention. A
discussion of this increase is included in the summary of public
comments on the cost of this rule published in the IFR of August 12,
1992 (57 FR 36222). In that there is so little change in this rule from
the IFR, the Interim RIA, as amended, is adopted as a final assessment
under Executive Order 12866.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rulemaking 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 not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
The Coast Guard has evaluated the impact of harmonizing the U.S.
cargo tank length definition with the international definition of
Regulation 13E of Annex I, MARPOL 73/78 on vessels owned and operated
by small business entities. Most vessels owned or operated by small
business entities are barges and do not have after cargo pump rooms or
main machinery spaces underdeck. The change in the cargo tank length
definition in 33 CFR 157.03(aa) will not change the length of a barge
required to be double hull protected by the U.S. double hull standards
of 33 CFR 157.10d. The only affect of the change in definition will be
on tankships. The Coast Guard reviews and approves U.S. vessel
construction designs before they are built and has verified that no
small entity tankships will be adversely affected by the change in the
definition of cargo tank length. The modification of the definition
should reduce the construction and operating costs for new tankships
designed to meet the double hull standards. Converting existing single
hull tankships to meet the double hull standards, when these vessels
can no longer operate as single hull vessels, should also be less
costly.
Because it expects the impact of this rulemaking to be minimal, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant impact on a substantial number of small entities.
Collection of Information
This rulemaking contains no additional collection-of-information
requirements. Section 33 CFR 157 was revised by the IFR to require the
submission of plans verifying compliance with this rule. No additional
information collection burden is imposed due to this modification of
the cargo tank length definition. Compliance with this rule can be
verified from other information that is currently submitted under 33
CFR 157.24 and 46 CFR 31.10.
Under the IFR, the Coast Guard has submitted the information
collection requirements in this rule 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 46 CFR 157.24 and the corresponding OMB approval
numbers are OMB Control Numbers 2115-0503 and 2115-0106.
Federalism
The Coast Guard has analyzed this rulemaking under the principles
and criteria contained in Executive Order 12612 and has determined that
this rulemaking does not have sufficient federalism implications to
warrant the preparation of a Federalism assessment. [[Page 13324]]
This final rule amends standards for the construction of double
hull tank vessels. The authority to regulate tank vessel construction
standards is delegated to the Coast Guard by the Secretary of
Transportation, whose authority is committed by statute.
Since tank vessels move between U.S. ports in the national
marketplace, and between U.S. and foreign ports in the international
marketplace, tank vessel construction is a matter for which regulations
should be of national scope to avoid unreasonably burdensome variances.
The Coast Guard received no comments addressing the federalism
implications during the comment periods of the IFR. Therefore, the
Coast Guard continues the long-established practice of preempting State
action addressing the same subject matter.
Environment
The Coast Guard environmental assessment (EA) for Double Hull
Design Requirements for Tank Vessels was prepared in accordance with
Commandant Instruction M16475.1B, the National Environmental Policy Act
of 1969 (NEPA) (Pub. L. 91-190), and the Council of Environmental
Quality Regulations of July 1, 1986 (40 CFR parts 1500-1508).
This rule adopts the IFR as final with minor changes to definitions
implementing the double hull provisions in Section 4115(a) of OPA 90
(46 U.S.C. 3703a), and is not expected to result in significant impact
on the quality of the human environment, as defined in NEPA. The Coast
Guard has placed a Finding of No Significant Impact (FONSI) in the
public docket.
List of Subjects
33 CFR Part 155
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements.
33 CFR Part 157
Cargo vessels, Oil pollution, Reporting and recordkeeping
requirements.
46 CFR Part 30
Cargo vessels, Foreign relations, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
46 CFR Part 32
Cargo vessels, Fire prevention, Marine safety, Navigation (water),
Occupational safety and health, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 70
Marine safety, Passenger vessels, Reporting and recordkeeping
requirements.
46 CFR Part 90
Cargo vessels, Marine safety.
46 CFR Part 172
Cargo vessels, Hazardous materials transportation, Marine safety.
Accordingly, the interim rule amending 33 CFR parts 155 and 157,
and 46 CFR parts 30, 32, 70, 90, and 172, which was published at 57 FR
36222 on August 12, 1992, is adopted as a final rule with the following
changes:
TITLE 33 CFR PART 157--RULES FOR THE PROTECTION OF THE MARINE
ENVIRONMENT RELATING TO VESSELS CARRYING OIL IN BULK
1. The authority citation for part 157 continues to read as
follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703; 49 CFR 1.46.
2. Section 157.03 is amended by revising paragraphs (v) and (aa) to
read as follows:
Sec. 157.03 Definitions.
* * * * *
(v) Tank vessel means a vessel that is constructed or adapted
primarily to carry, or that carries, oil or hazardous material in bulk
as cargo or cargo residue, and that--
(1) Is a vessel of the United States;
(2) Operates on the navigable waters of the United States; or
(3) Transfers oil or hazardous material in a port or place subject
to the jurisdiction of the United States. This does not include an
offshore supply vessel, or a fishing vessel or fish tender vessel of
not more than 750 gross tons when engaged only in the fishing industry.
* * * * *
(aa) Cargo tank length means the length from the forward bulkhead
of the forwardmost cargo tanks, to the after bulkhead of the aftermost
cargo tanks.
* * * * *
Dated: March 1, 1995.
A.E. Henn,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 95-5573 Filed 3-9-95; 8:45 am]
BILLING CODE 4910-14-P