[Federal Register Volume 61, Number 230 (Wednesday, November 27, 1996)]
[Rules and Regulations]
[Pages 60189-60190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30489]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 157

[CGD 91-045]
RIN 2115-AE01


Operational Measures To Reduce Oil Spills From Existing Tank 
Vessels Without Double Hulls; Partial Suspension of Regulation

AGENCY: Coast Guard, DOT.

ACTION: Final rule; partial suspension of regulation with request for 
comments.

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SUMMARY: On July 30, 1996, the Coast Guard published a final rule 
requiring the owners, master, or operators of tank vessels of 5,000 
gross tons or more that do not have double hulls and that carry oil in 
bulk as cargo to comply with certain operational measures. This final 
rule included a provision requiring owner notification of the vessel's 
calculated under-keel clearance which is scheduled to go into effect on 
November 27, 1996. Following issuance of the final rule, the Coast 
Guard received comments expressing concern on how the owner 
notification portion of the under-keel clearance provision will be 
implemented and seeking an additional comment period before the 
provision is fully enforced. Because the Coast Guard is still 
developing its own internal guidance on acceptable forms of owner 
notification and because the public has concerns about how this 
provision will be implemented, the Coast Guard is suspending the 
effective date of the owner notification part of this final rule. The 
Coast Guard requests comments on the under-keel clearance provision.

DATES: 33 CFR 157.455(a) (5) and (6) scheduled to become effective on 
November 27, 1996, in the final rule published at 61 FR 39770, July 30, 
1996,

[[Page 60190]]

is suspended as of November 27, 1996. Comments must be received on or 
before January 27, 1997.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 91-045), 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 Suzanne Englebert, Project 
Manager, Project Development Division, at (202) 267-1492.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The regulatory history for this rulemaking is recounted in the 
preamble of the final rule entitled ``Operational Measures to Reduce 
Oil Spills from Existing Tank Vessels without Double Hulls'' (61 FR 
39770; July 30, 1996).

Reason for Suspension of Effectiveness

    After publication of the final rule, the Coast Guard received 
comments and petitions for reconsideration from the International 
Association of Independent Tanker Owners, the International Chamber of 
Shipping, and the Baltic and International Maritime Council expressing 
concern about the implementation of certain minimum under-keel 
clearance requirements in Section 157.455. The provision relates to 
owner notification of the calculated anticipated under-keel clearance 
contained in Section 157.455(a) (5) and (6) of the final rule. The 
regulated community has requested an additional opportunity to comment 
on the owner notification provision of the under-keel clearance 
requirement. The Coast Guard is therefore delaying implementation of 33 
CFR 157.455(a) (5) and (6) until further notice and is opening a 60 day 
comment period on the provision. In addition, the Coast Guard is 
opening an additional 60 day comment period on the under-keel clearance 
calculation requirements in Section 157.455(a) (1) through (4).

Request for Comments

    The Coast Guard encourages interested persons to submit specific 
comments limited to the requirements of 33 CFR 157.455(a). The Coast 
Guard particularly seeks comments on the owner's responsibility to 
provide guidance to the master on under-keel clearance or make a 
determination of adequate under-keel clearance based on input from the 
vessel's master. The Coast Guard is currently developing implementation 
guidance on all of the operational measures in the final rule, 
including examples of company guidance on under-keel clearance. This 
guidance will be published in a Navigation and Vessel Inspection 
Circular (NVIC) in the near future. Suggestions on the implementation 
guidance in the NVIC should be submitted to the Office of Compliance 
(G-MOC) at 2100 Second Street SW., Washington, DC 20593-0001. The Coast 
Guard will consider all comments received during the comment period. It 
may change 33 CFR 157.455(a) based on the comments.

Regulatory Process Considerations

    Although the final rule is a significant regulatory action under 
section 3(f) of Executive Order 12866, the Office of Management and 
Budget (OMB) does not consider this partial suspension of the final 
rule as a significant action. This action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and 1996 amendments 
(enacted as Chapter 8 of Title 5, U.S. Code).
    Any final response to petitions for reconsideration on this final 
rule will address any economic impacts, including impacts on small 
businesses.

    Dated: November 25, 1996.
R.D. Herr,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 96-30489 Filed 11-25-96; 2:08 pm]
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