[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Rules and Regulations]
[Pages 14828-14831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7917]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 32

[CGD 90-071]
RIN 2115-AD69


Tank Level or Pressure Monitoring Devices

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard establishes minimum performance standards for 
tank level or pressure monitoring devices for single-hull tank vessels 
that carry oil in bulk as cargo. The purpose of these devices is to 
reduce the size and impact of an oil spill by alerting the tank vessel 
operator that a level or pressure change has occurred in a cargo tank. 
The Coast Guard will evaluate the performance and cost effectiveness of 
any device which meets the standards set in this rule, if that device 
is submitted to the Coast Guard during the effective period of this 
rule.

DATES: This rule is effective on April 28, 1997 and expires on April 
28, 1999.

ADDRESSES: 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, maintains the public docket for this 
rulemaking. The telephone number is (202) 267-1477. The public docket 
is 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: Laura L. Hamman, Project Manager, 
Office of Design and Engineering Standards (G-MSE), (202) 267-2206.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 7, 1991, the Coast Guard published an advanced notice of 
proposed rulemaking (ANPRM) to solicit comments on minimum standards 
for leak detection devices and their use (56 FR 21116). The Coast Guard 
received 20 comments to the ANPRM.
    On December 9, 1994, a public meeting was held. This meeting gave 
the public an opportunity to provide further input into the development 
of proposed regulations. As a result of the public meeting nine 
comments were received.
    On August 21, 1995, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Tank Level or Pressure Monitoring 
Devices'' (60 FR 43427). The NPRM proposed performance standards of 0.5 
percent of tank volume or 1,000 gallons, whichever is less. As a result 
of the NPRM, 10 comments were received.
    This temporary rule addresses comments to the NPRM, and presents 
the Coast Guard's temporary rule on Tank Level or Pressure Monitoring 
Devices.

Background and Purpose

    Section 4110 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 
101-380) requires the Secretary of Transportation to set, by 
regulation, minimum standards for tank level or pressure monitoring 
devices. Tank level or pressure monitoring devices detect changes in 
the level of oil in a cargo tank or changes in the pressure within a 
cargo tank. Section 4110 of OPA 90 applies to the carriage of oil in 
bulk as cargo aboard tank vessels. Section 4110 also requires issuance 
of regulations requiring the use of tank level or pressure monitoring 
devices. The purpose of the devices is to inform the person in charge 
of a tank vessel that there is a change in tank level or pressure so 
that, if required, the Coast Guard can be notified as required by 33 
CFR 153.203 and appropriate response actions can be initiated.
    Two specific incidents highlighted the possible need for the 
development of tank level or pressure monitoring devices. The first 
incident was the loss of cargo aboard Tank Barge 565. While under tow 
in August 1988, this 37-year-old barge started losing cargo during the 
night. The loss was not discovered until the morning light reflected 
off the oil sheen on the water. The barge spilled 4,000 barrels of 
petroleum into the Chesapeake Bay. The lack of appropriate devices to 
indicate the loss of cargo during the night prompted Congress to add 
section 4110 to OPA 90.
    The second was in September 1988, when a tankship carrying cargo of 
carbon black feedstock oil struck a submerged object and lost over 
4,000 metric tons of cargo. The loss was not discovered until an 
estimated 30 minutes passed. During this time, the vessel developed a 
port list which continued to worsen until it reached 8 degrees. At this 
point, the master ordered the cargo tanks sounded, and the loss of 
cargo was discovered. Again, cargo was lost without anyone on board 
being aware of the loss.

Technical Feasibility Study

    The Coast Guard commissioned a technical feasibility study entitled 
``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 systems 
exist for both marine and shore-side applications. Several of these 
systems include the following components: hydrostatic gauges, radar 
gauging devices, resistance tapes, floats, ultrasonic systems, fiber 
optics, capacitance-actuated devices, and the electromagnetic level 
indication (EMLI) system. The study concluded that the performance of 
these sensing systems is affected by the severity of their operating 
environment. Operating environment factors include cargo sloshing, 
foaming, and expansion and contraction of the cargo due to temperature 
changes.
    In addition to discussing the wide variety of available liquid 
level detectors, the study evaluated the performance of these sensors 
using both ideal conditions and simulated conditions (e.g., 
environmental noise, ship motion, etc.). The effects of these 
conditions varied depending on the system used. In some circumstances,

[[Page 14829]]

environmental noise substantially degraded performance. However, the 
greatest obstacle to obtaining an accurate level reading was found to 
be the disturbance of the cargo surface caused by ship or barge motion. 
Sloshing occurs in all tank vessels to varying degrees, depending on 
such factors as vessel types, weather conditions, and loading 
configurations. The effects of such motion must be considered in 
determining the attainable accuracy of level sensing devices.
    In addition to sloshing, another result of ship motion was found to 
be the formation of foam, which can reduce the accuracy of any type of 
electronic surface level sensing system. Disturbance of the surface was 
also found to cause pocketing of air, resulting in loss of measurement 
accuracy.
    Despite these problems, the study found that ``attainable 
accuracy,'' defined as the limit outside of which false level change 
indications may be ruled out, is within 2 percent of the actual cargo 
level.

Discussion of Comments

    The Coast Guard received 10 comment letters to the NPRM. Seven 
comments expressed concerns about the lack of current technology 
available to measure the quantity (0.5 percent or 1,000 gallons) 
specified by the proposed standards in the NPRM. Three comments 
expressed concerns about the development and implementation costs of 
the device due to the lack of available technology. Two comments 
expressed concerns about the new technological developments. These 
comments raised concerns that testing should be required prior to the 
implementation of these devices. The Coast Guard has reviewed the 
technical feasibility issue and has concluded that current technology 
cannot meet the sensitivity requirements proposed in the NPRM and 
finalized in this rule. The Coast Guard will not accept a tank level or 
pressure monitoring device until it meets the standards in this 
temporary rule. The Coast Guard will address testing of devices, if 
devices meeting the standards in this temporary rule are developed and 
submitted to the Coast Guard within the effective period of this rule. 
In addition to a technical evaluation of sensitivity requirements, a 
comprehensive cost and benefit analysis must be performed by the Coast 
Guard before any decisions can be made on requiring use of a device.
    Two comments expressed concerns about the potential difficulties 
that would be encountered if the monitoring devices were required in 
tanks carrying asphalt. The Coast Guard agrees with these concerns and 
carriage of asphalt is not addressed by the standard in this temporary 
rule.
    Three comments raised concerns on using the words ``leak 
detection.'' Two other comments noted that there is not an 
International Maritime Organization (IMO) equivalent requirement for 
leak detection. The Coast Guard agrees with these concerns and has 
removed references to leak detection.
    Two comments noted that a tank level or pressure monitoring device 
would be impractical for use on tank barges because they do not 
routinely operate machinery to generate electricity needed to operate 
the device while underway. The Coast Guard agrees that the issue of 
power source would need to be addressed for any device used aboard 
barges. The Coast Guard will consider power sources as part of its 
technical evaluation on any device which meets the standards set forth 
in this rule.
    Two comments noted that these devices would need to be capable of 
withstanding harsh and changing marine environments. The Coast Guard 
agrees and requires that any tank level or pressure monitoring devices 
developed using these standards be operable without degradation in 
heavy seas, moisture, and varying weather conditions.
    One comment noted that tank level or pressure monitoring devices 
should only be required on vessels without double hulls. The Coast 
Guard agrees with this view. If a device is developed in the future 
that meets the standards set forth in this regulation and it is 
determined to be cost effective, the Coast Guard intends to only 
require its use on single-hull tank vessels.
    One comment addressed the issue of distance from a barge's deck 
house to the towing vessel's bridge, and the need to allow for portable 
alarms and indicating devices. The Coast Guard agrees with this concern 
and would allow the use of portable equipment as long as that equipment 
meets the requirements in this regulation.

Discussion of Rules

    This temporary rule sets forth standards for tank level or pressure 
monitoring devices intended for installation on the cargo tanks of 
vessels over 5,000 gross tons carrying oil in bulk as cargo. The Coast 
Guard expects that additional development and research would be 
necessary to produce tank level or pressure monitoring devices that 
meet the standards set forth in this regulation. Any person who 
develops a tank level or pressure monitoring device that meets the 
minimum standards set forth in this regulation, within the effective 
period of this regulation, should inform the Coast Guard by contacting 
the person listed under the section entitled FOR FURTHER INFORMATION 
CONTACT. The Coast Guard will evaluate the device to ensure that it 
meets the performance standards required by this temporary rule and 
will assess the costs and benefits associated with the device before 
implementing any installation requirements. In any case, the public 
will have an opportunity to comment on any rules proposing the 
installation of the tank level or pressure monitoring device.
    Since these devices are intended to warn the operators of possible 
loss of cargo due to the discharge from tanks into the water, and 
double-hull vessels are intrinsically designed to prevent this type of 
discharge, this regulation applies only to single-hull vessels.
    The Coast Guard anticipates an 8.5 percent per year decrease in the 
number of U.S. single-hull tank vessels, based on OPA 90 phaseout 
schedules. The need for tank level or pressure monitoring devices is in 
direct proportion to the number of single-hull vessels. The Coast Guard 
believes that, unless a tank level or pressure monitoring device is 
developed within 2 years from the effective date of this temporary 
rule, it may not be economically feasible to require installation of 
such a device considering phaseout schedules. Similarly, the Coast 
Guard anticipates the number of single-hull foreign tank vessels to 
decrease. Therefore, this temporary rule will only be in effect for 2 
years from the effective date.
    This temporary rule establishes a standard that requires these 
devices be able to compensate for changes in cargo volume and that they 
continue to operate in varying weather conditions. This temporary rule 
also requires that tank level or pressure monitoring devices have both 
audible and visible alarms to indicate loss of cargo from the cargo 
tank.
    This temporary rule requires that a tank level or pressure 
monitoring device must sound an alarm before the content of the cargo 
tank declines to a level 0.5 percent below the level to which the tank 
was loaded, or 1,000 gallons of cargo, whichever is less.
    The 1,000 gallon threshold was chosen because a discharge of less 
than 1,000 gallons on the inland waterways is defined as a ``minor 
discharge'' in accordance with the National Contingency Plan, dated 
September 15, 1994 (59 FR 47384). A loss of 1,000 or more gallons in 
virtually all

[[Page 14830]]

environments poses appreciable risk to the marine environment.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of 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. Costs 
associated with tank level or pressure monitoring devices are dependent 
on installation requirements. This regulation establishes no 
installation requirements and therefore imposes no costs. If a device 
meeting the requirements of this regulation was developed during the 
effective period of this temporary rule, the Coast Guard would consider 
the costs and benefits of requiring installation of such a device. Such 
an analysis would be based upon the smaller single-hull tank vessel 
fleet in existence at the time. This analysis would also take into 
account the OPA 90-mandated regulations already in force in 33 CFR part 
157 and 46 CFR parts 31 and 35. These regulations address operational 
measures to reduce oil spills from existing tank vessels without double 
hulls and include requirements for enhanced surveys of these vessels. 
These enhanced surveys reduce the chance of unnoticed structural damage 
thereby significantly reducing the chance of an oil spill. Thus, the 
benefits of a tank level or pressure monitoring device would further 
decrease.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether or not this rule 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 are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies that this regulation would not have a 
significant economic impact on a substantial number of small entities 
because this rule imposes no costs on any entities. If a tank level or 
pressure monitoring device meeting the requirements of this rule was 
developed, the potential impact on small businesses required to install 
the device would have to be determined. At that time, the Coast Guard 
would analyze whether imposition of installation requirements would 
impose a significant economic impact on a substantial number of small 
entities. The Coast Guard has chosen to make this rule temporary 
because of the phaseout period for single-hull vessels. Because many 
research and development companies may be small entities, the Coast 
Guard is fully explaining the nature of the shrinking population of 
single-hull vessels which might be required to install a device. The 
Coast Guard hopes that this will help those small entities determine 
whether to pursue development of a product to exploit this market.

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 entity and need assistance 
understanding the provisions of this rule, please contact the Project 
Manager, Ms. Laura Hamman at (202) 267-2206.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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.2e.(34)(e) of Commandant 
Instruction M16475.lB, this rule is categorically excluded from further 
environmental documentation. This temporary rule establishes standards 
for tank level or pressure monitoring devices which would mitigate the 
impacts of oil spills. This temporary rule does not require 
installation or use of these devices.
    This rulemaking is, therefore, administrative in nature and has no 
direct impact on the environment and is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 32

    Cargo vessels, Fire prevention, Marine safety, Navigation (water), 
Occupational safety and health, Reporting and record keeping 
requirements, Seamen.

    For the reasons set out in the preamble, the Coast Guard amends 46 
CFR part 32 as follows:

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

    1. The authority citation for part 32 is revised to read as 
follows:

    Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234 3 CFR 1980 
Comp., p. 277; 49 CFR 1.46; Section 32.22T-5 and Subpart 32.59 are 
also issued under 46 U.S.C. 3703 note.

    2. Subpart 32.22T is added to read as follows:

Subpart 32.22T--Tank Level or Pressure Monitoring Devices

Sec.
32.22T-1  Scope and applicability.
32.22T-5  Performance standards for tank level or pressure 
monitoring devices.

Subpart 32.22T--Tank Level or Pressure Monitoring Devices


Sec. 32.22T-1  Scope and applicability.

    (a) Effective period. This subpart is effective for 2 years from 
April 28, 1997.
    (b) Applicability. The standards set forth in this subpart apply to 
tank level or pressure monitoring devices developed for use on single-
hull tank vessels over 5,000 gross tons carrying oil in bulk as cargo.
    (c) Scope. This subpart sets performance standards for tank level 
or pressure monitoring devices. If a device meeting these standards is 
developed during the effective period of this subpart, the Coast Guard 
will address installation requirements separately. During the effective 
period of this subpart no owner or operator is required to install any 
tank level or pressure monitoring device meeting the performance 
standards of this subpart unless required by the Coast Guard in a 
separate regulation.


Sec. 32.22T-5  Performance standards for tank level or pressure 
monitoring devices.

    (a) A tank level or pressure monitoring device shall determine the 
level of the liquid in a cargo tank without opening ullage holes, cargo 
hatches, or butterworth plates.

[[Page 14831]]

    (b) A tank level or pressure monitoring device shall meet the 
following standards:
    (1) Automatically compensate for changes in cargo volume due to 
temperature.
    (2) Meet the requirements in Sec. 111.105 of this chapter when used 
in hazardous locations.
    (3) Indicate any loss of power or failure of the tank level or 
pressure monitoring device and monitor the condition of the alarm 
circuitry and sensor by an electronic self-testing feature.
    (4) Alarm before cargo in the cargo tank declines to a level of 0.5 
percent below the quantity to which it was loaded, or 1,000 gallons of 
cargo, whichever is less.
    (5) Operate without degradation in heavy seas, moisture, and 
varying weather conditions.
    (6) Not alarm when loading or off loading cargo.
    (7) Have audible and visible alarm indicators that can be seen and 
heard on the navigation bridge of the vessel, or towing vessel for non-
self-propelled vessels, which are distinctly identifiable as cargo tank 
level or pressure monitoring alarms.

    Dated: March 21, 1997.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 97-7917 Filed 3-27-97; 8:45 am]
BILLING CODE 4910-14-P