[Federal Register Volume 66, Number 86 (Thursday, May 3, 2001)]
[Proposed Rules]
[Pages 22137-22139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10970]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[USCG-2000-7442]
RIN 2115-AD23


Permits for the Transportation of Municipal and Commercial Waste

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent with request for comments.

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SUMMARY: The Coast Guard is advising the public of its intent to 
finalize regulations previously published as an Interim Rule (IR) in 
the Federal Register (54 FR 22546) on May 24, 1989. These regulations 
have been codified at 33 CFR Part 151. The IR was published to 
implement the permitting and numbering requirements of the Shore 
Protection Act (SPA), but was never published as a Final Rule. Because 
of the lapse in time since the IR publication, the Coast Guard is 
seeking comments from the public before finalizing the IR.

DATES: Comments must be received on or before August 1, 2001.

ADDRESSES: You may submit your written comments and related material by 
one of the following methods:
    (1) By mail to the Docket Management Facility, (USCG-2000-7442), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand 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 
notice. Comments and documents, as indicated in this notice, 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 electronically access the public docket for 
this notice on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
reopened comment period, contact Ensign William Sportsman, Office of 
Operating & Environmental Standards (G-MSO-2), U.S. Coast Guard 
Headquarters, telephone 202-267-0226. For questions on viewing, or 
submitting material to the docket, contact Dorothy Beard, Chief, 
Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting your comments and related material. To do so, please include 
your name and address, identify the docket number for this notice 
(USCG-2000-7442), indicate the specific section of the Interim Rule 
that you are commenting on, and give the reason for each comment. You 
may submit your written comments and material by mail, hand, fax, or 
electronic means to the Docket Management Facility at the address under 
ADDRESSES; but please do not submit the same comment or material by 
more than one means. Do not submit comments on the Interim Rule that 
have already been made part of the CGD 89-014 docket. If you submit 
them by mail or hand, 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 were received, enclose 
a stamped, self-addressed postcard or envelope. The Coast Guard will 
consider all comments and material received during the comment period. 
All comments, including those previously submitted under the CGD 89-014 
docket, may be viewed at http://dms.got.gov.

Background and Purpose

    On May 24, 1989, the Coast Guard published in the Federal Register 
(54 FR 22546), an Interim Rule with request for comments (docket number 
CGD 89-014), implementing the permitting and numbering requirements of 
the Shore Protection Act (33 U.S.C. Sec. 2601 et seq.). In response, 
the Coast Guard received six comments. After it was determined that the 
procedures outlined in the Interim Rule were operating successfully, 
the Coast Guard published a Notice of Withdrawal in the Federal 
Register (60 FR 64001) on December 13, 1995, to discontinue the 
rulemaking. The intent was to close the rulemaking project. However, 
due to an oversight, the Interim Rule was never finalized.
    The Interim Rule has been in place for the past 11 years, and the 
Coast Guard believes these procedures have been operating in a 
satisfactory manner. Therefore, the Coast Guard intends to finalize the 
Interim Rule as published, and the first step in this process is to 
reopen the comment period for the Interim Rule.

Discussion of Comments and Changes

    The Coast Guard received six letters commenting on the Interim 
Rule. In the following paragraphs, the Coast Guard discusses the 
comments received, and explains any changes made to the regulations. 
The Coast Guard first discusses general comments, and secondly 
discusses comments regarding specific sections of the regulations.

General Comments

    One comment suggested that the rule require the same waste handling 
practices as stipulated in section 4103 of SPA. The comment also 
suggested the Coast Guard consider an operator's record of compliance 
with the required practices when deciding to approve or deny a permit.
    The requirements for waste handling practices are outside the scope 
of this rulemaking. The Environmental Protection Agency (EPA) is 
responsible for implementing section 4103 of SPA.
    One comment asked why the Interim Rule did not include regulations

[[Page 22138]]

implementing sections 4104 through 4109 of SPA. This section of SPA 
concerns suspensions and revocations, enforcement, subpoena authority, 
and permit fees and penalties. The comment asked the Coast Guard to 
explain how it will implement these requirements.
    As stated in the preamble to the Interim Rule, the Coast Guard will 
initiate two regulatory projects to implement the responsibilities 
delegated under SPA. This document finalizes the first regulatory 
project covering the issuing of permits and the numbering of vessels. 
Regulations implementing the other provisions of SPA may be proposed 
under a separate rulemaking in the future.

Comments Regarding Specific Sections

Applicability (Sec. 151.1003)

    Three comments stated that numerous crew, work, supply, and service 
vessels engaged in support of oil or gas operations in the Outer 
Continental Shelf occasionally transport commercial waste and garbage. 
This waste is generated on offshore platforms and mobile offshore 
drilling units and is considered minor and incidental cargo. The 
comments stated that these vessels should be exempt from the 
requirements of the Interim Rule because they are not dedicated to nor 
designed for the transport of commercial waste. One of the comments 
also suggested that lightering and other small vessels should be exempt 
from the regulations because they transport plastics and other wastes 
ashore from vessels in port. These vessels are prohibited from 
discharging waste into the ocean under the International Convention for 
the Prevention of Pollution from Ships, 1973, as modified by the 
Protocol of 1978 (MARPOL 73/78, Annex V).
    The Coast Guard agrees with these comments. This rule only applies 
to owners and operators of vessels whose primary purpose is the 
transportation of municipal or commercial waste. The Coast Guard 
recognizes that there are vessels that transport waste incidental to 
the primary purpose or business of the vessel. While the owners and 
operators of these vessels must take appropriate precautions to ensure 
that they do not deposit waste into the waters of the United States 
during transport, the Coast Guard does not intend for this rule to 
apply to these vessels. As stated in the Interim Rule, an owner or 
operator will only be required to hold a permit if the vessel is hired 
to transport municipal or commercial waste for a specific voyage or for 
a specific time. Therefore, the Coast Guard intends to make no 
revisions based on these comments.
    Three comments opposed applying the Interim Rule to vessels 
carrying non-hazardous oil field waste. These vessels are required to 
obtain a Certificate of Inspection (COI), meet route and cargo 
restrictions, construction standards, and stability standards under 
rules promulgated in the Coast Guard's Navigation and Vessel Inspection 
Circular (NVIC) Number 7-87, ``Guidance on Waterborne Transport of Oil 
Field Wastes.'' The comments argued that vessels under the NVIC 7-87 
already meet a higher degree of scrutiny than is mandated by SPA.
    The Coast Guard agrees with these comments. To reduce the 
regulatory burden, vessels operating under the NVIC 7-87 program 
already meet regulatory standards similar to these regulations and are 
exempt from having to obtain a permit. Thus, vessels engaged in 
transporting non-hazardous oil field waste were never intended to be 
included in the application of the Interim Rule. This is evidenced by 
the fact that they were never specifically listed in 33 CFR 151.1003, 
Applicability, or 33 CFR 151.1006, Definitions.

Issuing or Denying the Issuance of a Conditional Permit (Sec. 151.1015)

    The Coast Guard received four comments regarding the permit 
issuance procedures and policies. Two comments wanted the Officer in 
Charge, Marine Inspection (OCMI) or the Captain of the Port (COTP) 
where the vessel will operate to participate in the issuance 
procedures. One comment stated that it would be appropriate and 
convenient for the OCMI or COTP to approve (or deny) the application. 
The comment noted that the OCMI or COTP ``will surely be involved in 
verifying information, investigating complaints, and monitoring 
compliance in any case.'' Another comment suggested that the Coast 
Guard send a copy of the issued permit to the OCMI or COTP.
    The Coast Guard does not agree with these comments. It will be more 
efficient to issue the permits from a central location because vessels 
subject to these regulations may operate in more than one COTP or OCMI 
zone of responsibility. The owner or operator is required to maintain 
the permit onboard the vessel. Therefore, a copy of the permit will be 
available for the COTP or OCMI to examine whenever necessary. The Coast 
Guard will not make any changes to Sec. 151.1015 based on these 
comments.
    For vessels requiring a COI, one comment suggested the Coast Guard 
withhold issuance of a permit if the COI is invalid.
    The Coast Guard does not agree with this comment. Vessels holding a 
COI are currently inspected on regularly scheduled intervals. If the 
COI is invalid, the vessel is not expected to be operating on the 
navigable waters of the United States.
    Another comment requested that the Coast Guard include a statement 
in Sec. 151.1015(b)(2)(ii)(A) that clarifies that if there is a change 
of vessel operator or owner, the permit is no longer valid. In the 
Interim Rule, Sec. 151.1015(b)(2)(ii)(A) states that a permit will only 
be terminated if the vessel is sold or if subpart B no longer applies 
to the vessel.
    The Coast Guard does not agree with this comment. We believe the 
current language of the Interim Rule is sufficient to enable 
compliance.
    Two comments stated that although Sec. 151.1015 details the denial 
of a permit, it unnecessarily focuses on completeness and accuracy of 
the forms instead of substantive information such as the history of the 
operator or the condition of the vessel.
    The Coast Guard understands that permit applicants can be 
frustrated with the level of accuracy required in the forms; however, 
this information is a necessary step in ensuring that permit applicants 
are capable of meeting the requirements for a permit.

Withdrawal of a Conditional Permit (Sec. 151.1018)

    Three comments questioned whether Sec. 151.1018 is consistent with 
SPA. SPA allows the Coast Guard to issue or deny a permit after 
consulting with the EPA. However, the Interim Rule does not include the 
consultation with EPA before issuance of a permit. SPA also allows the 
Coast Guard to deny a permit if the owner or operator of the vessel has 
a pattern of serious violations. However, the Interim Rule only allows 
the Coast Guard to withdraw a permit at the request of EPA. The 
comments stated that SPA gives the Coast Guard the authority to 
withdraw a permit, but the Coast Guard has excluded its own authority 
in the Interim Rule.
    The Coast Guard implemented the application procedures in the 
Interim Rule to eliminate unnecessary delays for vessel owner/operators 
seeking to continue an ongoing business. Conversely, the Coast Guard 
wanted to ensure that any decision to revoke a permit was substantiated 
by an agency that could act as a neutral agent.
    One comment stated that it believes that the Coast Guard would 
initiate withdrawal of a permit for various

[[Page 22139]]

reasons, such as improper vessel conditions. The comment asked the 
Coast Guard to include provisions for these withdrawals and cite the 
penalty provisions for a violation of Secs. 151.1009 and 151.1018(c) in 
the Interim Rule.
    The Interim Rule listed conditions that would lead to the 
withdrawal of a permit, citing a record or pattern of violations of 
five environmental protection acts. Permit withdrawal proceedings would 
be restricted to the conditions authorized by the act. Civil and 
criminal penalties for violations of the Shore Protection Act are 
outlined in 33 USC Sec. 2608 and Sec. 2609.

Display of Number (Sec. 151.1024)

    Two comments objected to the requirement that vessel numbers 
displayed have to be at least 44 centimeters (18 inches) in height. One 
comment noted that the requirement for marking a tank vessel (found in 
46 CFR 32.05-10 and 32.05-15) allows a vessel to be marked with figures 
that are 15 centimeters (6 inches) high.
    The Coast Guard disagrees with these comments. Personnel involved 
with enforcement of these regulations must be able to easily identify a 
vessel's permit numbers from great distances or altitudes including 
while a vessel is at sea. Because of this, permit numbers need to be 
easily distinguishable from other markings displayed on a vessel.
    One comment noted that there is an incorrect section citation in 
the Interim Rule. Paragraph (b) of Sec. 151.1009 references 
Sec. 151.104, which does not exist. The correct reference is 
Sec. 151.1024, pertaining to permit numbers. The Coast Guard amended 
Sec. 151.1009(b) to reflect the correct reference in a correction 
notice published in the Federal Register on June 5, 1989 (54 FR 24078).

    Dated: March 16, 2001.
Joseph J. Angelo,
Director of Standards, Acting Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-10970 Filed 5-2-01; 8:45 am]
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