[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Rules and Regulations]
[Pages 3876-3878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1205]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[USCG-1998-3417]
RIN 2115-AF60


Salvage and Marine Firefighting Requirements; Vessel Response 
Plans for Oil

AGENCY: Coast Guard, DOT.

ACTION: Final rule; partial suspension of regulation.

-----------------------------------------------------------------------

SUMMARY: Current vessel response plan regulations require the owners or 
operators of vessels carrying Groups I

[[Page 3877]]

through V petroleum oil as a primary cargo to 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). On February 12, 
1998, a notice of suspension was published in the Federal Register, 
suspending the 24-hour requirement scheduled to become effective on 
February 18, 1998, until February 12, 2001 (63 FR 7069). The Coast 
Guard has decided to extend this suspension period for another 3 years 
to allow us to complete the rulemaking that proposes to revise the 
salvage and marine firefighting requirements. The extension is 
necessary because the potential impact on small businesses from this 
new rulemaking requires us to prepare an initial regulatory flexibility 
analysis under the Small Business Regulatory Enforcement Fairness Act 
of 1996. This was not determined until a draft regulatory assessment 
was complete in November 2000. We expect to complete the analysis and 
publish a notice of proposed rulemaking this year. The extension of the 
suspension period will continue to relieve the affected industry from 
complying with the existing 24-hour requirements until the project is 
complete, and amendments to the salvage and marine firefighting 
requirements become final.

DATES: This extension is effective as of February 12, 2001. Termination 
of the suspension will be on February 12, 2004.

ADDRESSES: You may submit comments by one of the following methods:
    (1) By mail to the Docket Management Facility, (USCG-1998-3417), 
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 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 at the same 
address between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. You may also access this docket on the Internet at 
http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this final rule 
partial suspension of regulations, call Lieutenant Douglas Lincoln, 
Office of Response, Response Operations Division, Coast Guard 
Headquarters, telephone 202-267-0448, or via e-mail: 
[email protected]. For questions on viewing, or submitting 
material to, the docket, call Dorothy Beard, Chief, Dockets, Department 
of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Background and Regulatory History

    Requirements for salvage and marine firefighting resources in 
vessel response plans have been in place since February 5, 1993 (58 FR 
7424). The existing requirements are general. The Coast Guard did not 
originally develop specific requirements because each salvage and 
marine firefighting response for an individual vessel is unique, due to 
the vessel's size, construction, operating area and other variables. 
The Coast Guard's intent was to rely on the planholder to prudently 
identify contractor resources to meet their needs. The Coast Guard 
anticipated that the significant benefits of a quick and effective 
salvage and marine firefighting response would be sufficient incentive 
for industry to develop salvage and marine firefighting capability 
parallel to the development of oil spill removal organizations.
    Early in 1997, it became apparent that there was disagreement among 
planholders, salvage and marine firefighting contractors, maritime 
associations, public agencies, and other stakeholders as to what 
constituted adequate salvage and marine firefighting resources. There 
was also concern as to whether these resources could respond to the 
port nearest to the vessel's operating area within 24 hours.
    On June 24, 1997, a notice of meeting was published in the Federal 
Register (62 FR 34105) announcing a workshop to solicit comments from 
the public on potential changes to the salvage and marine firefighting 
requirements currently found in 33 CFR part 155.
    A public workshop was held on August 5, 1997, to address issues 
related to salvage and marine firefighting response capabilities, 
including the 24-hour response time requirement, which was then 
scheduled to become effective on February 18, 1998. The participants 
uniformly identified the following three issues that they felt the 
Coast Guard needed to address:
    (1) Defining the salvage and marine firefighting capability that is 
necessary in the plans.
    (2) Establishing how quickly these resources must be on-scene.
    (3) Determining what constitutes an adequate salvage and marine 
firefighting company.

Reason for Suspension

    On February 12, 1998, a notice of suspension was published in the 
Federal Register, suspending the 24-hour requirement scheduled to 
become effective on February 18, 1998, until February 12, 2001 (63 FR 
7069) so that the Coast Guard could address the issues identified at 
the public workshop through a rulemaking that would revise the existing 
salvage and marine firefighting requirements. The Coast Guard has 
decided to extend the suspension period for another 3 years. The 
extension is necessary because the potential impact on small businesses 
from this new rulemaking requires us to prepare an initial regulatory 
flexibility analysis under the Small Business Regulatory Enforcement 
Fairness Act of 1996. This was not determined until a draft regulatory 
assessment was complete in November 2000. We expect to complete the 
analysis and publish a notice of proposed rulemaking this year. The 
extension of the suspension period will continue to relieve the 
affected industry from complying with the existing 24-hour requirements 
until the project is complete, and amendments to the salvage and marine 
firefighting requirements become final.

Regulatory Evaluation

    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 extension 
as a significant action. As a result, it does not require an assessment 
of potential costs and benefits under section 6(a)(3) of that Order. It 
is not ``significant'' under the regulatory policies and procedures of 
the Department of Transportation (DOT)(44 FR 11040, February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this extension will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their

[[Page 3878]]

fields, and governmental jurisdictions with populations of less than 
50,000.
    This action will not have a significant economic impact on a 
substantial number of small entities because the original requirements 
did not have a significant effect on a substantial number of small 
entities. The extension on the suspension does not change those 
original requirements. Any future regulatory action on this issue will 
address any economic impacts, including impacts on small entities.
    Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this extension 
to a suspension of a final rule will not have a significant economic 
impact on a substantial number of small entities.

Assistance for Small Entities

    The Small Business and Agriculture Regulatory Enforcement Ombudsman 
and 10 Regional Fairness Boards were established to receive comments 
from small businesses about Federal agency enforcement actions. The 
Ombudsman will annually evaluate the enforcement activities and rate 
each agency's responsiveness to small business. If you wish to comment 
on the enforcement actions of the Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).

Collection of Information

    This action does not provide for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this action under E.O. 13132 and have determined 
that it does not have implications for federalism under that Order. 
Because this action extends a suspension of a final rule, it does not 
preempt any state action.

Unfunded Mandates Reform Act

    This action will not result in an unfunded mandate under the 
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538).

Taking of Private Property

    This action will not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this action under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that preparation of an Environmental Impact Statement is not 
necessary. An Environmental Assessment and a Finding of No Significant 
Impact are available in the docket where indicated under ADDRESSES.

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, 3719; sec. 
2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46, 
1.46 (iii).
    Sections 155.110-155.130, 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. 155.1110-155.1150 also issued 33 U.S.C. 
2735.

    Note: Additional requirements for vessels carrying oil or 
hazardous materials appear in 46 CFR parts 30 through 36, 150, 151, 
and 153.

Sec. 155.1050  [Amended]

    2. In Sec. 155.1050, paragraph (k)(3) is suspended until February 
12, 2004.


Sec. 155.1052  [Amended]

    3. In Sec. 155.1052, the last sentence in paragraph (f) is 
suspended until February 12, 2004.

    Dated: January 10, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-1205 Filed 1-11-01; 2:28 pm]
BILLING CODE 4910-15-P