[Federal Register Volume 64, Number 174 (Thursday, September 9, 1999)]
[Proposed Rules]
[Pages 48976-48979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23421]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR 151

[USCG-1999-5117]
RIN 2115-AF77


Barges Carrying Bulk Liquid Hazardous Material Cargoes

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard requests comments on the type and scope of any 
necessary revisions to the barges carrying bulk liquid hazardous 
material cargoes regulations. The regulations are almost 30 years old 
and do not include current safety issues, technology standards, and 
industry practices. At this early stage of the rulemaking process we 
need information to help us identify potential regulatory revisions.

DATES: Comments and related material must reach the Docket Management 
Facility on or before March 7, 2000.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-1999-5117), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza Level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.
    A copy of the Chemical Transportation Advisory Committee's (CTAC) 
recommended changes to the Coast Guard carriage regulations for barges 
carrying bulk liquid hazardous material cargoes is available in the 
public docket at the above address, on the Internet at http://
dms.dot.gov, or you may obtain a copy by contacting the project manager 
at the number in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For questions on this advance notice 
of proposed rulemaking, call Mr. Thomas Felleisen, Hazardous Materials 
Standards Division, Coast Guard, telephone 202-267-0085. For questions 
on viewing or submitting material to the docket, call Dorothy Walker, 
Chief, Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. If you do so, please include 
your name and address, identify the docket number for this advance 
notice (USCG-1999-5117), indicate the specific section or question in 
this document to which each comment applies, and give the reason for 
each comment. You may submit your comments and material by mail, hand 
delivery, fax, or electronic means to the Docket Management Facility at 
the address under ADDRESSES; but please submit your comments and 
material by only one means. If you submit them by

[[Page 48977]]

mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
when developing our proposed changes to the regulations.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Purpose

    We need your comments and information on the issues contained in 
this advance notice to help us define the scope of any necessary 
revisions to the barges carrying bulk liquid hazardous material cargoes 
regulations in 46 CFR part 151. The regulations are almost 30 years old 
and do not include current safety issues, technology standards, and 
industry practices. At this early stage of the rulemaking process we 
need information to help us identify potential regulatory revisions.

Background

    The existing barges carrying bulk liquid hazardous material cargoes 
regulations were published in 1970 and only minor changes have been 
made to them since then. In 1993, the Chemical Transportation Advisory 
Committee (CTAC) submitted recommended regulatory changes to the Coast 
Guard and requested that we revise our regulations accordingly. A 
complete copy of their 1993 recommendations is available in the public 
docket. These recommendations included changes to the regulations to--
     Reduce chemical spills;
     Formalize policy;
     Reflect changes to industry practices; and
     Clarify regulatory text.
    Since these recommendations are over five years old the Coast Guard 
will request CTAC to review them. The Coast Guard will consider these 
recommendations when developing its proposed revisions to the barges 
carrying bulk liquid hazardous material cargoes regulations, but would 
like to receive your comments on CTAC's recommendations. A copy of 
CTAC's recommendations is also available by contacting the Coast Guard 
project manager under FOR FURTHER INFORMATION CONTACT or on the 
Internet at http://dms.dot.gov.
    The Louisiana Governor's Maritime Task Force has identified a need 
for revised cargo identification signs on barges carrying hazardous 
liquid cargoes in bulk. Louisiana emergency responders have indicated a 
preference for the placarding system used by trucking and rail 
transportation. The current warning sign system used on barges might 
not be satisfactory for emergency responders who have been trained to 
recognize the trucking and rail placarding system. Also, the current 
signs might not assist responders to rapidly identify contents and 
compatibility of barge cargoes from remote locations. The Coast Guard 
would like to receive your comments about whether we should require 
placarding used by trucking and rail transportation on barges carrying 
bulk liquid hazardous material.

Preliminary Regulatory Assessment

    This rulemaking is not likely to be classified as a significant 
regulatory action under section 3(f) of Executive Order 12866 and is 
not likely to be significant under the regulatory policies and 
procedures of the Department of Transportation (44 FR 11040; February 
26, 1979). A draft regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of the Department of Transportation 
would be prepared to support any future Notice of Proposed Rulemaking 
(NPRM).
    The Coast Guard will not prepare a benefit-cost analysis until we 
have identified the regulatory changes we wish to propose. We do not 
have any cost figures on CTAC's recommendations, however, if you have 
cost data concerning CTAC's recommendations, as well as other relevant 
cost data, please forward it to the Docket Management Facility listed 
under ADDRESSES.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether a potential rulemaking would have 
significant economic impacts on a substantial number of small entities. 
The term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Some barge companies subject to our regulations may be small 
entities. Because we have not yet proposed specific revisions and 
because the number of affected small entities has not been identified, 
we cannot accurately estimate the potential impact on small entities at 
this time. As part of the required 5 U.S.C. 610 review of regulations 
affecting small entities, we are requesting information at this early 
stage about the aspects of this rulemaking which may affect small 
entities, so we can evaluate and minimize the impact of proposed 
changes on them.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-21), we want to assist small entities 
in understanding this advance notice so they can better evaluate the 
potential effects of any future rulemaking on them and participate in 
the rulemaking process. If you believe this rulemaking may affect your 
small business, organization, or agency, please explain how you could 
be affected, and tell us what flexibility or compliance alternatives 
the Coast Guard should consider to minimize the burden on you while 
promoting safety measures for barges carrying bulk liquid hazardous 
material cargoes. If you have questions concerning this advance notice, 
you may call the Coast Guard project manager designated in FOR FURTHER 
INFORMATION CONTACT. We also maintain a small business regulatory 
assistance Web Page at http://www.uscg.mil/hq/g-m/regs/reghome.html 
that has current information on small entity issues and proposed Coast 
Guard regulations. To help small entities become more involved in this 
rulemaking, we will mail copies of this advance notice to Small 
Business Development Center (SBDC) State Directors nationwide for 
distribution to local SBDC offices and interested small businesses.

Collection of Information

    Under the Paperwork Reduction Act (44 U.S.C. 3501-3520), the Office 
of Management and Budget (OMB) reviews each proposed rule that contains 
a collection of information requirement to determine whether the 
practical value of the information is worth the burden imposed by its 
collection. As defined in 5 CFR 1320.3(c), ``collection of 
information'' comprises reporting, record-keeping, monitoring, posting, 
labeling, and other, similar actions. Current collection of information 
requirements, approved under OMB Control Number 2115-0541, are shown in 
the following table.

[[Page 48978]]



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               Rule cite                 Type of document submitted                    Frequency
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151.01-10(c)..........................  For tank barges. Application  Every 2 years.
                                         for inspection.
151.01-10(c)(1).......................  For new vessels > 300'.       Prior to first voyage.
                                         Loading information.
 151.10-15............................  For new or modified barges.   As needed.
                                         Stability calculations.
151.15-3(b)(8)........................  For new pressure vessel tank  As needed.
                                         barges. Calculations
                                         showing stress level in
                                         tanks under dynamic loading
                                         condition or grounding
                                         conditions.
151.15-3(d)(4)........................  For barges. Heat              As needed.
                                         transmission tests and
                                         studies.
151.45-2(e)...........................  For barges. Warning signs     When brought into service and replaced
                                         and cargo info cards.         when needed.
151.45-3..............................  For personnel who will man    As needed.
                                         barges. Letter.
151.45-4(a)(2)........................  For qualified personnel.      As needed.
                                         Letter that person on duty
                                         qualified to handle cargo.
151.45-7..............................  For all vessels. Shipping     Per trip.
                                         papers for all cargoes.
151.50-6(d)...........................  For barges. Notification of   As needed.
                                         internally inspecting tanks
                                         used for Motor fuel
                                         antiknock compounds (MKAFC).
151.50-12(b)..........................  For barges. Chemical          As needed.
                                         composition of all steel
                                         used in construction of
                                         tanks that will carry
                                         ethylene oxide.
151.50-20(i)..........................  For barges. Notification      As needed.
                                         tanks approved for acid
                                         cargoes to be used for
                                         other cargoes.
151.50-22 and 23......................  For responsible personnel.    As needed.
                                         Request to ship spent
                                         hydrochloric acid,
                                         phosphoric acid adulterates
                                         by other chemicals,
                                         inhibitors, etc.
151.50-30(e)..........................  For responsible personnel.    As needed.
                                         Request to deviate from
                                         filling density limits in
                                         requirements for compressed
                                         gasses.
151.50-31(d)..........................  For company. Request to use   As needed.
                                         welded or other unions for
                                         chlorine transfer lines.
151.50-50(n)..........................  For owner/operator. Request   As needed.
                                         to transport cargo other
                                         than phosphorous in
                                         phosphorous cart tanks or
                                         another cargo when
                                         transporting phosphorous in
                                         another tank.
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We will review these collection requirements to validate, reduce, or 
eliminate existing burdens that are no longer necessary. We request 
comments on how we may reduce or eliminate any of the current 
information collection requirements.

Questions

    We request your comments and any data or information that would 
answer the following questions, as well as comments on any other part 
of the current regulations that should be revised. In responding to a 
question, please explain your reasons for each answer so that we can 
carefully weigh the consequences and impacts of any future requirements 
we may propose. In addition, please provide relevant data (data on 
operational incidents resulting in personal injury, property damage, or 
pollution would be particularly useful), if possible, that will support 
the need for a revision to the barges carrying bulk liquid hazardous 
material cargoes regulations.
    1. The Coast Guard is considering a major update of the regulations 
in 46 CFR part 151, which are almost 30 years old. Do you think those 
regulations are adequate to protect against hazards to life and 
property, to ensure navigation and vessel safety, or to protect the 
marine environment? If not, why are they not adequate and which 
sections in 46 CFR part 151 need to be changed? How should these 
sections be changed? How can the sections in 46 CFR part 151 be 
clarified?
    2. The recommendations from the Chemical Transportation Advisory 
Committee (CTAC) mentioned in the Background section of the preamble, 
if adopted, would change the organization of the regulations for tank 
barges carrying hazardous cargoes. Should 46 CFR part 151 be organized 
differently than it is now? If so, how should it be organized? Should 
46 CFR parts 151 and 153 (Ships Carrying Bulk Liquid, Liquefied Gas, or 
Compressed Gas Hazardous Materials) be organized similarly? What 
benefit(s) would there be if these parts were organized similarly?
    3. The United States is attempting to convert regulations to the 
metric system. What measurement system should be used in the 
regulations? Standard? Metric? Or both? What benefits are there to 
using one measurement system instead of the other or both?
    4. The following incorporation by reference standards are cited in 
46 CFR 151.01-2:
    a. ASNT Recommended Practice No. SNT-TC-1A (1998), Personnel 
Qualification and Certification in Nondestructive Testing (Sec. 151.04-
7(c)(2)).
    b. ASME Boiler and Pressure Vessel Code section V, Nondestructive 
Examination (1986) (Sec. 151.04-7(a)(1)). Are these standards still 
useful? Should either be updated? Are there any new standards that 
should be incorporated into these regulations? If so, what are they? 
Why should they be used?
    5. The current regulations may include terms that are unclear or 
define terms that are no longer used. Which definitions in 46 CFR 
151.03 should be updated or deleted? Please explain. Are there other 
terms that the Coast Guard should define in that section? Please 
explain.
    6. Barges transferring hazardous cargoes have traditionally been 
required to display the red flag under 46 CFR 151.45-9. Should the 
Coast Guard continue to require the red flag to indicate cargo transfer 
operations?
    7. The Louisiana Governor's Maritime Task Force has identified a 
need for cargo identification signs on barges carrying hazardous liquid 
cargoes in bulk. We would like your comments about whether we should 
require placarding used by trucking and rail transportation on barges 
carrying bulk liquid hazardous material. What other considerations 
apply to placarding on barges carrying bulk liquid hazardous material 
for purposes of identifying cargoes?
    8. Certain waterways may have special needs. Are there any 
geographic or seasonal concerns that are not currently addressed in 46 
CFR part 151? If so, please explain.
    9. The current rules in 46 CFR part 151 have requirements for 
cargo-specific materials of construction. Do the following sections 
still represent engineering practices adequate to protect against 
hazards to life and property, to ensure navigation and vessel safety, 
or to protect the marine environment:

[[Page 48979]]

    a. 46 CFR 151.55--Special Requirements for Materials of 
Construction?
    b. 46 CFR 151.56--Prohibited Materials of Construction?
    c. 46 CFR 151.58--Required Materials of Construction?
    If not, how should they be changed to meet adequate engineering 
practices?
    10. Currently, the Commandant of the Coast Guard approves carriage 
of new types of cargoes. Should the Coast Guard improve its procedures 
for assigning requirements for chemical cargoes in 46 CFR 151.01-5? 
Please explain.
    11. Should the Coast Guard exempt existing barges carrying bulk 
liquid hazardous material from possible revisions to these regulations? 
Please explain. Should retrofitting any equipment to existing barges 
carrying liquid hazardous material be required? If so, what equipment 
should be retrofitted? Why? Should the regulations include a phase-in 
period for any new requirements? If so, how long should the period be?
    12. The Coast Guard expresses no opinion regarding the merit of 
CTAC's recommendations discussed in the preamble. However, based on 
your review of CTAC's submission to the Coast Guard, which 
recommendations should the Coast Guard include in a proposed rule? 
Which CTAC recommendations should the Coast Guard not include in a 
proposed rule? Which CTAC recommendations should the Coast Guard revise 
and include in a proposed rule? Why?
    13. The Coast Guard seeks information about the following subjects 
to assist in evaluating CTAC's recommendations and developing the most 
appropriate revisions to 46 CFR part 151:
    a. Accident data detailing deaths.
    b. Injuries.
    c. Property damage.
    d. Environmental damage.
    e. Cost estimates of new barge construction.
    14. What are the costs of the following CTAC recommended equipment 
modifications:
    a. Changes in construction standards.
    b. Addition of high level alarms.
    c. Installation of tanks with high velocity vents.
    d. Perforation of ullaging tubes.
    15. The Coast Guard seeks cost data associated with recent 
technological improvements in the barge industry for carriage of liquid 
hazardous material. Those recent technological improvements may be 
proposed by this rulemaking. Please identify the improvements and their 
associated costs.
    16. For almost three decades current rules in 46 CFR part 151 have 
had no change in their recordkeeping burden. These recordkeeping 
requirements are discussed in the Collection of Information section of 
the preamble. Should the current collection of information requirements 
be reduced or revised? If so, how should the requirements be changed? 
Should the Coast Guard allow for electronic submissions and/or 
recordkeeping?
    17. If you believe a small entity will be affected by potential 
changes to the barges carrying bulk liquid hazardous material cargoes 
regulations, then please explain what flexibility or compliance options 
the Coast Guard should consider and how these options would minimize 
the burden on small entities.

    Dated: September 1, 1999.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 99-23421 Filed 9-8-99; 8:45 am]
BILLING CODE 4910-15-P