[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Rules and Regulations]
[Pages 7069-7071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3564]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 155
[USCG 98-3417]
RIN 2115-AF60
Salvage and Firefighting Equipment; Vessel Response Plans
AGENCY: Coast Guard, DOT.
ACTION: Final rule; partial suspension of regulation.
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[[Page 7070]]
SUMMARY: Current vessel response plan regulations require that the
owners or operators of vessels carrying groups I through V petroleum
oil as a primary cargo identify in their response plans a salvage
company with expertise and equipment, and a company with firefighting
capability that can be deployed to a port nearest to the vessel's
operating area within 24 hours of notification (Groups I-IV) or a
discovery of a discharge (Group V). Numerous requests for clarification
revealed widespread misunderstanding and confusion regarding the
regulatory language, which will make the implementation of this
requirement difficult. Based on comments received after the vessel
response plan final rule publication (61 FR 1052; January 12, 1996) and
during a Coast Guard hosted workshop, the Coast Guard intends to better
define expertise and equipment requirements and will reconsider the 24-
hour deployment requirement scheduled to take effect on February 18,
1998. The Coast Guard has determined that there is not adequate time to
address these issues before February, 1998. Therefore, the Coast Guard
is suspending the effective dates of the deployment requirements as
published in the final rule.
DATES: This suspension is effective as of February 12, 1998.
Termination of the suspension will be on February 12, 2001.
ADDRESSES: You may mail comments to the Docket Management Facility,
(USCG-98-3417), U.S. Department of Transportation (DOT), room PL-401,
400 Seventh Street S.W., Washington, D.C. 20590-0001, or deliver them
to room PL-401, located on the Plaza Level of the Nassif Building at
the same address between 10 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble, will
become part of this docket and will be available for inspection or
copying at room PL-401, located at the Plaza Level of the Nassif
Building at the above address between 10 a.m. and 5 p.m., Monday
through Friday, except Federal Holidays. You may electronically access
the public docket for this rulemaking on the internet at http://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
For information on the public docket, contact Carol Kelley, Coast Guard
Dockets Team Leader, or Paulette Twine, Chief, Documentary Services
Division, U.S. Department of Transportation, telephone 202-366-9329.
For information concerning the final rule partial suspension of
regulation, contact LCDR John Caplis, Project Manager, Office of
Response (G-MOR), at 202-267-6922; e-mail: [email protected]. This
telephone is equipped to record messages on a 24-hour basis.
SUPPLEMENTARY INFORMATION:
Regulatory History
The regulatory history for this rulemaking is recounted in the
preamble of the final rule entitled ``Vessel Response Plans'' (61 FR
1052, January 12, 1996).
Reason for Suspension
Regulations found in 33 CFR 155 require vessel owners and operators
to identify salvage and firefighting resources in their response plans.
No specific response times were mandated for these resources due to
concerns over the capacity of these resources that existed in the
United States in 1993. However, under the final rule, vessel response
plans submitted (or resubmitted) for approval after February 18, 1998,
must identify salvage and firefighting resources capable of being
deployed to the port nearest to the vessel's operating area within 24
hours of notification.
The regulations allow vessel owners and operators to determine
their salvage and firefighting response needs, and to arrange for the
appropriate level of resources. To promote planning consistency
throughout the United States regarding the adequacy of salvage and
firefighting resources, the Coast Guard hosted a public workshop in
August 1997 with the Maritime Association of the Port of New York/New
Jersey. This workshop solicited comments from the public regarding the
current requirements for salvage and firefighting resources.
Considerable differences in opinion and requests for clarification were
voiced by vessel owners and/or operators, salvage and firefighting
contractors, maritime associations, and governmental agencies with
respect to the proper interpretation of these requirements. The
numerous requests for clarification revealed widespread
misunderstanding and confusion regarding the regulatory language, which
will make the implementation of the requirement difficult.
Based on comments received during the workshop, the Coast Guard has
determined that it should better define the key elements within the
requirements. Regulatory language such as ``a salvage company with
expertise and equipment'' or ``firefighting capability'' must be
further specified before the Coast Guard will implement or expect
vessel owners or operators to comply with any related time
requirements. Therefore, the Coast Guard is suspending its February 18,
1998, requirement that ``identified salvage and firefighting resources
must be capable of being deployed to the port nearest to the area in
which the vessel operates within 24 hours of notification'' for plans
that are submitted (or resubmitted) for approval after that time. As
follow-on to the August 1997 workshop and other efforts, the Coast
Guard is continuing to review the salvage and marine firefighting
capabilities within the United States and its territories. The Coast
Guard intends to conduct a regulatory initiative in 1998 to further
define the salvage and firefighting requirements and address the issues
raised at the August 1997 workshop. Any additional requirements will be
published in the Federal Register and will not become effective until
90 days after publication of a notice reporting the determinations of
the Coast Guard.
Regulatory Process Considerations
Although the final rule published in 1996 was 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)
because the original requirements did not have a significant effect on
a substantial number of small entities, and this suspension does not
change those requirements. Any future regulatory action on this issue
will address any economic impacts, including impacts on small business.
This action does not affect any requirements under section 3504(h) of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This action is
not an unfunded mandate under the Unfunded Mandates Reform Act (Pub. L.
104-4).
Numerous requests for clarification revealed widespread
misunderstanding and confusion regarding the regulatory language, which
will make the implementation of the requirement difficult. The partial
suspension will relieve the affected industry from complying until
regulations can be drafted more thoroughly addressing this requirement.
The Coast Guard finds good cause under 5 U.S.C. 553(b) that
[[Page 7071]]
notice and comment on the suspension are impracticable and contrary to
the public interest. Because the section otherwise becomes effective on
February 18, 1998, there is good cause under 5 U.S.C. 553(d)(3) for the
final rule to be effective on the date of publication in the Federal
Register.
List of Subjects in 33 CFR Part 155
Hazardous substances, Incorporation by reference, oil pollution,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 155 as follows:
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
1. The authority citation for part 155 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715; sec. 2, E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46.
Secs. 155.100-155.130, 155.350-155.400, 155.430, 155.440,
155.470, 155.1030 (j) and (k), and 155.1065(g) also issued under 33
U.S.C. 1903(b); and Secs. 155.110-155.1150 also issued 33 U.S.C.
2735.
Sec. 155.1050 [Amended]
2. In Sec. 155.1050, paragraph (k)(3) is suspended from February
12, 1998, until February 12, 2001.
Sec. 155.1052 [Amended]
3. In Sec. 155.1052, the last sentence in paragraph (f) is
suspended from February 12, 1998, until February 12, 2001.
Dated: February 6, 1998.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-3564 Filed 2-11-98; 8:45 am]
BILLING CODE 4910-14-M