[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]
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