[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Rules and Regulations]
[Pages 55566-55575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27256]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 151, 155, 157, and 158

46 CFR Part 172

[USCG-2000-7641]
RIN 2115-AF56


Pollution Prevention for Oceangoing Ships and Certain Vessels in 
Domestic Service

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard amends regulations for pollution prevention 
from ships to align domestic requirements with international maritime 
pollution standards. This rule changes regulations concerning: oily-
water separators, operational discharges of oil, damage and intact 
stability of tank vessels, period of validity for an International Oil 
Pollution Prevention Certificate, and garbage recordkeeping 
requirements. To provide consistency with industry standards and 
clarify U.S. oil regulations, we are also amending oily mixture 
discharge shore connection requirements for certain vessels and 
redefining certain terms dealing with oil.

DATES: This final rule is effective December 3, 2001.

ADDRESSES: Comments and materials received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2000-7641 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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 at http://dms.dot.gov/.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Bob Gauvin, Vessel and Facility Operating Standards Division, 
Coast Guard, 202-267-1053. If you have questions on viewing the docket, 
call Dorothy Beard, Chief, Dockets, Department of Transportation, at 
202-366-5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 8, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled ``Pollution Prevention for Oceangoing Ships and Certain 
Vessels in Domestic Service'' in the Federal Register (65 FR 48548). We 
received 6 letters commenting on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    This rule amends U.S. regulations for pollution prevention from 
oceangoing ships and certain vessels in domestic service. These 
amendments were adopted by the Marine Environment Protection Committee 
(MEPC) of the International Maritime Organization (IMO) during several 
sessions. MEPC adopted amendments to Annex I of the International 
Convention for the Prevention of Pollution from Ships, 1973, as 
modified by the Protocol of 1978 (MARPOL 73/78) during its 32nd session 
(MEPC 32, March 6, 1992) and 40th session (MEPC 40, September 25, 
1997). The MEPC also adopted amendments to Annex V of MARPOL, in its 
37th session (MEPC 37, September 14, 1995). This rule will allow 
certain vessels in domestic service to use quick-connect fittings 
rather than international-type shore connections. We are also 
redefining certain terms dealing with oil in the domestic regulations 
for clarity.
    By aligning the domestic regulations with international standards, 
compliant U.S. ships would encounter fewer difficulties while engaged 
in international trade. Under 33 U.S.C. 1902, the Coast Guard is 
authorized to prescribe or amend regulations necessary to implement any 
changes to the standards of MARPOL 73/78.
    The following amendments, as provided in the NPRM, are listed below 
for your understanding and convenience. They have not been changed in 
the final rule.
    Equivalent shore connections for the discharge of oily mixtures. 
The

[[Page 55567]]

amendment of 33 CFR 155.410 and 33 CFR 155.420 will allow non-
oceangoing ships of 100 gross tons and above, and oceangoing ships of 
100 gross tons to less than 400 gross tons operating in domestic 
service to use any shore connections (quick-connect fittings) that are 
compatible with U.S. reception facilities instead of an international-
type connection.
    Definitions. We are redefining for clarity those words throughout 
33 CFR parts 151, 155, 157, and 158 dealing with oil. Those words are: 
``oily mixtures,'' ``oil,'' ``oil cargo residues,'' and ``oil 
residues.'' We are removing all conflicting and duplicative terms.
    Amendments to Annex I of MARPOL are described in a Federal Register 
document published on November 12, 1993 (58 FR 60080). These amendments 
established more stringent criteria for controlling the discharge of 
oil and oily-water from vessels' machinery space bilges and cargo tanks 
of tank vessels.
    Rate of discharge of oil. This rule amends 33 CFR 157.37(a) by 
reducing the allowable rate from 60 liters per nautical mile to 30 
liters per nautical mile to align with the international standard set 
by MARPOL 73/78.
    Controlling discharge from space bilges and tank vessels' cargo 
tanks. This rule amends 33 CFR 151.10(a)(5), 33 CFR 155.360(a), 33 CFR 
155.370(a), and 33 CFR 157.39(b)(3) (redesignated as (b)(2)) by 
reducing the allowable oil content in effluent from oil tanker bilges 
and other ships of 400 gross tons and above from 100 parts per million 
(ppm) to 15 ppm.
    Automatic stoppage of a discharge. This rule amends 33 CFR 
155.370(a) to require ships of 400 gross tons to less than 10,000 gross 
tons that are carrying ballast water in their fuel oil tanks, and for 
ships over 10,000 gross tons, to have a means for automatically 
stopping discharges that exceed 15 ppm.
    Discharge equipment. This rule amends 33 CFR 155.370(a), which 
requires all ships to comply with the oil filtering equipment, alarms, 
and automatic stop requirements by the rule's effective date.
    International Oil Pollution Prevention (IOPP) Certificates. This 
rule sets the maximum term of validity for International Oil Pollution 
Prevention (IOPP) Certificates at 5 years to coincide with the 
International Maritime Organization's (IMO's) Harmonized System of 
Surveys and Certification, and MARPOL 73/78 standards.
    Damage stability of tank vessels. This rule amends 33 CFR part 157, 
appendix B, and 46 CFR 172.065, table 172.065(a), to require oil 
tankers over 20,000 deadweight tons (DWT) to be designed to survive 
potential raking damage caused by grounding.
    Intact stability of tankships. This rule adds two new sections--33 
CFR 157.22 and 46 CFR 172.070--which require tankships over 5,000 DWT 
contracted after this rule's effective date to be designed to prevent 
lolling.
    Garbage discharge records. This rule aligns U.S. garbage 
recordkeeping requirements with those in Regulation 9, Annex V of 
MARPOL. Oceangoing ships less than 400 gross tons and greater than 40 
feet in length engaged in commerce are no longer required to carry 
garbage discharge records. Additionally, this rule requires every 
manned ship engaged in an international voyage that is certified to 
carry 15 passengers or more to carry garbage discharge records. These 
amendments do not change how vessel garbage is handled nor does it 
change the requirement to maintain a plan describing vessel waste 
management.

    Note: A copy of MARPOL 73/78 is available from the International 
Maritime Organization, 4 Albert Embankment, London, SE1 7SR, 
England. It is also available online at http://www.imo.org/.

Discussion of Comments and Changes

    We received 6 letters containing 11 specific comments in response 
to our NPRM. The information in this section discusses the comments we 
received, provides the Coast Guard's responses, and explains any 
changes we are making to the regulation.
    1. Seven of the comments supported sections of the Coast Guard's 
proposed rule as written, and they generally supported the alignment of 
domestic regulations with international standards. These seven comments 
stated support for--
     Maintaining requirements for refuse logs on vessels of 400 
gross tons and above, and those carrying 15 or more passengers on 
international voyages;
     The establishment of an equivalency for shore connections 
for vessels on domestic voyages; and
     An interpretation that fixed or floating production 
platforms would be excluded from oily-water separating equipment 
requirements with a valid NPDES permit issued under section 402 of the 
Clean Water Act and 40 CFR chapter I.
    2. Three comments did not support the addition of 33 CFR 158.415, 
the proposed posting of placards for reporting inadequate port waste 
reception facilities. These comments discussed that posting these 
placards was impractical and costly and would not be helpful for 
reporting inadequate waste facilities to the Coast Guard. The Coast 
Guard agrees with these comments. Significant regulations are already 
in place that support the spirit of the proposed requirements and allow 
the Coast Guard to adequately police port reception facilities and 
permit anyone to report inadequacies. Therefore, we have removed 
proposed 33 CFR 158.415 from this final rule.
    3. One comment proposed expanding the harmonization of U.S. 
regulations with MARPOL 73/78 to incorporate vessels below the 400 
gross tonnage threshold for specific U.S. requirements on waste 
management plans. The Coast Guard does not agree with this comment as 
such a proposal is outside the scope of this rulemaking. Therefore, no 
change was made to the final rule.
    4. In addition to the changes discussed in this section that were 
made in response to the comments, the Coast Guard is making an 
administrative edit to update a reference table's note within 33 CFR 
151.26, ``Shipboard oil pollution emergency plans.'' As IMO resolution 
A.648(16) has been superceded by IMO resolution A.851(20), the 
reference to resolution A.648(16) in the note to table 
151.26(b)(3)(iii) is changed to A.851(20).

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget (OMB) has 
not reviewed it 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). A final Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT 
follows:

Costs

    The total present value costs for this rule during the 10-year 
period of analysis will approximate $3,037. The costs arise from the 
following requirements:
    (a) Oily-water or bilge monitors. Based on the policies established 
in Navigation Vessel Inspection Circular (NVIC) No. 6-94, we estimate 
that at least 90 percent of the 131 affected tank vessels are currently 
operating within policy guidelines by automatically or manually setting 
the oil or oily-water discharge rate to not exceed 30 liters per 
nautical mile. The other 10 percent will simply upgrade their existing 
monitoring systems with new components that meet the new requirement. 
The estimated equipment costs to upgrade the components of an

[[Page 55568]]

existing bilge monitor average $250, making the one-time cost of this 
requirement approximately $3,250. When valued in year 2000 dollars, the 
cost will be $3,037. A copy of NVIC No. 6-94 is available in the docket 
where indicated under ADDRESSES.
    (b) Oil-filtering equipment. We estimate that requiring oil-
filtering equipment will affect 650 vessels, all of which are currently 
practicing the policies established in NVIC No. 6-94 and currently have 
oil-filtering equipment that complies with the 15 ppm oil content of 
the effluent discharged. Therefore, this requirement does not impose 
additional costs.
    (c) Automatic shut-off device/alarm. We estimate that requiring 
automatic shut-off devices/alarms will affect 396 ships, all of which 
already practice the policies established in NVIC No. 6-94. Therefore, 
this requirement does not impose additional costs.
    (d) Damage stability for tank vessels. We estimate that the damage 
stability requirements will affect 650 vessels. Based on trend data 
from the Coast Guard's Marine Safety Management System (MSMS) database 
(1992-1996), we estimate that 13 U.S.-flag tank vessels of 20,000 
deadweight tons (DWT) and above will be built each year. For every 
single-hull tank vessel that is phased out before 2015, a double-hull 
tank vessel may be built as its replacement. Currently, 54 single-hull 
tankships and 160 single-hull tank barges will be phased out over the 
next 16 years. For the 10-year period of analysis for the damage 
stability requirements, approximately 3 tankships and 10 tank barges 
will be built annually to meet demand and to replace phased-out tank 
vessels (130 tank vessels over the 10-year period). We expect the 
affected tank vessel fleet to incur minimal costs to comply with these 
requirements. The U.S. international fleet currently complies with the 
damage stability requirements in MARPOL 73/78. Also, vessels in the 
U.S. domestic fleet that hold IOPP Certificates currently meet the 
additional design and engineering calculation requirements for design 
stability. Moreover, under section 4115(a) of the Oil Pollution Act of 
1990 (OPA 90), these single-hull tank vessels are required to be 
retrofitted with double hulls or phased out of service by the year 
2015. For vessels being retrofitted, there will be nominal additional 
costs during the design process for additional stability analyses. The 
requirement entails fitting the vessel with U-shaped ballast tanks, 
instead of J-shaped (or other) ballast tanks, and relocating cargo tank 
boundaries.
    (e) Intact stability for tank vessels. We assume that all tank 
vessels of 5,000 DWT and above will be constructed so that they are 
capable of engaging in international commerce. Therefore, we assume 
that, in order to participate in international commerce, currently 
operating tank vessels affected by the intact stability requirements 
already meet the requirements in MARPOL 73/78. No additional costs are 
incurred by these requirements.
    (f) Equivalent shore connections. Certain U.S. ships that are used 
only for domestic voyages will be required to use shore connections 
that are compatible with U.S. reception facilities. Although these 
ships will not be in compliance with the international-type standard, 
they will meet the intent of the standard by having a connector that is 
compatible with discharge facilities in their area of operation. 
Because these ships currently have connections that are compatible with 
the facilities used, this requirement imposes no additional cost on 
these ships.

Benefits

    (a) Industry benefits. The total present value of industry benefits 
for this rule during the 10-year period of analysis will be 
approximately $164.1 million. The industry benefits arise from the 
following requirements: IOPP Certificates ($3,715); garbage discharge 
records ($163.5 million); and compliance with international oil 
discharge limitations ($632,122).
    (1) IOPP Certificates. Changing the term of the IOPP Certificate 
from 4 to 5 years for both inspected and uninspected vessels creates a 
benefit by reducing the costs incurred due to recertification. The 
costs for this change are included under the approved collection OMB 
2115-0518. By aligning U.S. regulations with international standards, 
the annual paperwork burden cost will be reduced by $530. The 10-year 
accumulated present value of the recurring benefit is approximately 
$3,715.
    (2) Refuse discharge. The refuse discharge requirement applies to 
each oceangoing ship of 400 gross tons and above engaged in commerce 
and documented under the laws of the United States or numbered by a 
State, each vessel certified to carry 15 passengers or more on 
international voyages, and each fixed or floating platform subject to 
the jurisdiction of the United States. We use these garbage discharge 
records to determine how ship-generated waste is handled (i.e., 
incinerated, discharged at sea, or off-loaded at a shore reception 
facility). Since all of these vessels currently maintain these records, 
this requirement imposes no additional information-collection burden.
    Instead, this requirement creates an annual benefit for those 
vessels no longer required to maintain garbage discharge records. The 
total annual cost (burden) for this information-collection is estimated 
in revised OMB collection 2115-0613 to be $2.6 million, and it applies 
to 1,296 vessels. The previous requirement imposed an annual cost 
(burden) of $25.9 million on 16,878 vessels. This rule saves industry 
$23.3 million annually. Therefore, the accumulated present value for 
the 10-year period of this benefit is $163.5 million.
    (3) Compliance with international oil discharge limitations. 
Complying with international oil discharge limitations will enable U.S. 
vessels to engage in international trade with minimal interruption. 
Vessels that are not in compliance with this requirement could be 
denied entry into ports of countries party to MARPOL 73/78 or could 
experience detention in these ports. These actions could result in a 
substantial monetary loss due to the vessel's inability to engage in 
trade. Assuming non-compliance with the international oil discharge 
limitations, resulting in one U.S. vessel being detained each year, we 
estimate the avoided cost (savings) of complying with this rulemaking 
will be $90,000 per year. The accumulated present value for the 10-year 
period of this benefit will be $632,122.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
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.
    In terms of costs, the oily-water or bilge monitors requirement 
will impose a $250 cost per tank vessel. This is a one-time cost, and 
in our view a very small additional cost to tank vessel owners, 
considering that the cost of a tank vessel, depending on its size, may 
be $100 million or more.
    As for cost savings, the Coast Guard proposes removing from the CFR 
the requirement for garbage discharge records for ships of 12.2 meters 
(40 ft.) or more in length and less than 400

[[Page 55569]]

gross tons. These ships are most likely owned by the small entities in 
this industry and are no longer required to keep garbage disposal 
records. Therefore, the small entities that own these vessels benefit 
from the new regulation. We estimate that 15,582 oceangoing vessels 
will no longer need to meet that requirement, and the average annual 
avoided costs (savings) to each vessel will be $1,494 ($23.3 million/
15,582 vessels). The accumulated present value of these avoided costs 
(savings) for the 10-year period of analysis will be $10,491 per vessel 
(163.5 million/15,582 vessels).
    In addition, vessels of less than 400 GT that might be owned or 
operated by small entities will not be required to install oily-water 
separators, associated monitors, and alarms. Under Sec. 155.350, these 
vessels will only need to comply with the existing requirement for 
retaining oily mixtures on board.
    Also, under Sec. 155.410(a)(3), U.S. non-oceangoing vessels between 
100 GT and 400 GT will be allowed to install shore connections that are 
compatible with U.S. reception facilities. This rule allows vessels of 
less than 400 GT operating only in domestic service to use any shore 
connection that is compatible with U.S. reception facilities, rather 
than one that meets the international standard.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), the Coast Guard offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking.
    Small entities, as well as the general public, were provided an 
opportunity to comment on the notice of proposed rulemaking published 
on August 8, 2000. No requests for assistance or for a public hearing 
were received.
    This rule assists small entities by making the following changes to 
requirements: removing requirements for garbage disposal records from 
ships that are usually owned by small entities; removing requirements 
for oily-water separators, associated monitors, and alarms; and 
removing the requirement for certain vessels to install shore 
connections that meet the international standard. These actions provide 
cost savings to small entities.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule amends two collections of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).
    Refuse discharge. This requirement mandates that vessel owners 
develop and maintain garbage discharge records on board their vessels 
if those vessels are either oceangoing ships of 400 gross tons and 
above, or their vessels are certified to carry 15 or more passengers 
and are engaged in international voyages. Oceangoing vessels less than 
400 gross tons will no longer be required to maintain garbage discharge 
records--with the exception of vessels certified to carry 15 passengers 
or more on international voyages. The burden for this requirement is 
included in a revised OMB collection 2115-0613. As required by 44 
U.S.C. 3507(d), we submitted a copy of this rule to OMB for its review 
of the collection of information. OMB has approved the collection. The 
section number is 33 CFR 151.55, and the corresponding approval number 
from OMB is OMB Control Number 2115-0613, which expires on April 30, 
2004.
    IOPP Certificates. Changing the term of the IOPP Certificate from 4 
to 5 years will decrease the information-collection burden on ship 
owners. The information-collection burden of the IOPP Certificate is 
included under the previously approved OMB collection 2115-0518. As 
required by 44 U.S.C. 3507(d), we submitted a copy of this rule to OMB 
for its review of the collection of information. OMB has approved the 
collection. The section number is 33 CFR 151.19, and the corresponding 
approval number from OMB is OMB Control Number 2115-0518, which expires 
on February 29, 2004.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them.
    We have analyzed this rule under that Order and have determined 
that it does not have implications for federalism.
    It is well settled that States may not regulate in categories 
reserved for regulation by the Coast Guard. It is also well settled, 
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, 
and 8101 (design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of vessels), 
as well as the reporting of casualties and any other category in which 
Congress intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. (See the decision of the Supreme Court in the consolidated 
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 
120 S.Ct. 1135 (March 6, 2000).
    This rule concerns requirements for the construction (damage and 
intact stability), operation (operational discharges of oil, IOPP 
Certificates, and garbage recordkeeping requirements), and equipping 
(oily-water separators) of tank vessels or other oceangoing vessels. It 
also implements and allows the use of an optional type of shore 
connection equipment for domestic vessels discharging oily mixtures at 
shoreside facilities. This entire rule falls within the preempted 
categories listed above, which, as we have long held, apply to both 
inspected vessels as well as tank vessels. For this reason, preemption 
is not an issue in this rulemaking.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure of $100 million or 
more in any one year by a State, local, or tribal government, in the 
aggregate, or by the private sector. Though this rule will not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive

[[Page 55570]]

Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 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 safety that may disproportionately 
affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraph (34)(d) and (34)(e), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.
    The rule aligns certain U.S. regulations with the international 
standards introduced in the amendments to MARPOL 73/78. These 
regulations fall under categorical exclusions 34 (d) and (e) regarding 
vessel equipment and approval. Therefore, this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 155

    Hazardous substances, Incorporation by reference, Oil pollution, 
Reporting and recordkeeping requirements.

33 CFR Part 157

    Cargo vessels, Oil pollution, Reporting and recordkeeping 
requirements.

33 CFR Part 158

    Administrative practice and procedure, Harbors, Oil pollution, 
Penalties, Reporting and recordkeeping requirements, Water pollution 
control.

46 CFR Part 172

    Cargo vessels, Hazardous materials transportation, Incorporation by 
reference, Marine safety.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 151, 155, 157, and 158 and 46 CFR part 172 as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

    1. The authority citation for part 151, subpart A, continues to 
read as follows:

    Authority: 33 U.S.C. 1321 and 1903; Pub. L. 104-227 (110 Stat. 
3034), E.O. 12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.


Sec. 151.01  [Amended]

    2. In Sec. 151.01, remove the note.

    3. In Sec. 151.05, revise the definitions of the terms ``MARPOL 73/
78'', ``oil'', and ``operational waste'' and add, in alphabetical 
order, the definitions of ``oil residue'', ``oil cargo residue'', 
``fuel oil'', ``oily rags'', and ``operational waste'' to read as 
follows:


Sec. 151.05  Definitions.

* * * * *
    Fuel oil means any oil used to fuel the propulsion and auxiliary 
machinery of the ship carrying the fuel. The term ``fuel oil'' is also 
known as ``oil fuel.''
* * * * *
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1, SR7, England.
* * * * *
    Oil means petroleum whether in solid, semi-solid, emulsified, or 
liquid form, including but not limited to, crude oil, fuel oil, sludge, 
oil refuse, oil residue, and refined products, and, without limiting 
the generality of the foregoing, includes the substances listed in 
Appendix I of Annex I of MARPOL 73/78. ``Oil'' does not include animal 
and vegetable based oil or noxious liquid substances (NLS) designated 
under Annex II of MARPOL 73/78.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component of oil. The term ``oil cargo residue'' is also 
known as ``cargo oil residue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified, 
or liquid form, resulting from drainages, leakages, exhausted oil, and 
other similar occurrences from machinery spaces.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily 
waste, and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks.
    Oily rags means rags soaked with oil.
    Operational waste means all cargo-associated waste, maintenance 
waste, and cargo residues other than oil residues and NLS cargo 
residues. ``Operational wastes'' includes ashes and clinkers (i.e., a 
mass of incombustible matter fused together by heat) from shipboard 
incinerators and coal-burning boilers but does not include plastic 
clinkers, which are treated as an Annex V waste, or oily rags, which 
are treated as an Annex I waste.
* * * * *


Sec. 151.08  [Amended]

    4. In Sec. 151.08(a), remove the words ``oil or oily residues and 
mixtures'' and add, in their place, the phrase ``oil, oil residue, or 
oily mixtures''.

[[Page 55571]]


    5. In Sec. 151.10--
    a. Revise the section heading to read as follows;


Sec. 151.10  Control of oil discharges.

* * * * *
    b. In paragraph (a)(5), remove the number ``100'' and add, in its 
place, the number ``15'';
    c. In the note to paragraph (f), remove the words ``residues and 
mixtures containing oil'' and add, in their place, the words ``oil 
residues and oily mixtures''; and
    d. Revise paragraph (c), paragraph (f) introductory text, and 
paragraphs (f)(2)(i) through (f)(2)(iii) to read as follows:
    (c) The overboard discharge of any oil cargo residues and oily 
mixtures that include oil cargo residues from an oil tanker is 
prohibited, unless discharged in compliance with part 157 of this 
chapter.
* * * * *
    (f) The person in charge of an oceangoing ship that cannot 
discharge oily mixtures into the sea in compliance with paragraphs (a), 
(b), (c), or (d) of this section must ensure that those oily mixtures 
are--
* * * * *
    (2) * * *
    (i) The estimated time of day the ship will discharge oily 
mixtures;
    (ii) The type of oily mixtures to be discharged; and
    (iii) The volume of oily mixtures to be discharged.
* * * * *

    6. In Sec. 151.13, revise paragraph (b)(3) to read as set forth 
below and, in paragraph (f), remove the words ``oil residues'' and add, 
in their place, the words ``oily mixtures'':


Sec. 151.13  Special areas for Annex I of MARPOL 73/78.

* * * * *
    (b) * * *
    (3) All ships operating in the Antarctic area must have on board a 
tank or tanks of sufficient capacity to retain all oily mixtures while 
operating in the area and arrangements made to discharge oily mixtures 
at a reception facility outside the Antarctic area.
* * * * *

    7. In Sec. 151.19, revise paragraph (e) introductory text to read 
as follows:


Sec. 151.19  International Oil Pollution Prevention (IOPP) 
Certificates.

* * * * *
    (e) The IOPP Certificate for each inspected or uninspected ship is 
valid for a maximum period of 5 years from the date of issue, except as 
follows:
* * * * *


Sec. 151.25  [Amended]

    8. In Sec. 151.25--
    a. In paragraph (d)(2), remove the words ``dirty ballast'' and add, 
in their place, the words ``ballast containing an oily mixture'';
    b. In paragraph (d)(3), remove the words ``oily residues (sludge)'' 
and add, in their place, the words ``oil residue''; and
    c. In paragraph (e)(10), remove the word ``residues'' and add, in 
its place, the words ``oil residue''.


Sec. 151.26  [Amended]

    9. In Sec. 151.26--
    a. In paragraphs (b)(3)(i)(A) and (b)(3)(i)(B), after the words ``A 
discharge of oil'', add the words ``or oily mixture'';
    b. In paragraph (b)(3)(ii), in the note to table 151.26(b)(3)(ii), 
remove the phrase ``resolution A.648(16)'' and add in its place 
``resolution A.851(20)''; and
    c. In paragraph (b)(3)(iii)(B), after the words ``For actual or 
probable discharges of oil'', add the words ``or oily mixtures''.

    10. In Sec. 151.55, revise paragraphs (a)(1) and (a)(2), add a new 
paragraph (a)(3), and revise paragraph (b) introductory text to read as 
follows:


Sec. 151.55  Recordkeeping requirements.

    (a) * * *
    (1) Every manned oceangoing ship (other than a fixed or floating 
platform) of 400 gross tons and above that is engaged in commerce and 
that is documented under the laws of the United States or numbered by a 
State.
    (2) Every manned fixed or floating platform subject to the 
jurisdiction of the United States.
    (3) Every manned ship that is certified to carry 15 passengers or 
more engaged in international voyages.
    (b) The master or person in charge of each ship under paragraph 
(a)(1), (a)(2), or (a)(3) of this section shall ensure that a written 
record is maintained on the ship of each of the following garbage 
discharge or disposal operations:
* * * * *

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

    11. 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 155.100 through 155.130, 155.350 through 
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 
through 155.1150 also issued under 33 U.S.C. 2735.


Sec. 155.330  [Amended]

    12. In Sec. 155.330, in the section heading, remove the phrase 
``Bilge slops/fuel oil'' and add, in its place, the phrase ``Oily 
mixture (bilge slops)/fuel oil'' and, in paragraph (b), remove the 
words ``oily residue'' and add, in their place, the words ``oil 
residue''.

    13. In Sec. 155.350, revise the section heading and paragraph 
(a)(2) to read as follows and, in paragraph (b), remove the words 
``oily residue'' and add, in their place, the words ``oil residue'':


Sec. 155.350  Oily mixture (Bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of less than 400 gross tons.

    (a) * * *
    (2) Has approved oily-water separating equipment for processing 
oily mixtures from bilges or fuel oil tank ballast and discharges into 
the sea according to Sec. 151.10 of this chapter.
* * * * *

    14. In Sec. 155.360--
    a. Revise the section heading to read as set forth below;
    b. In paragraph (a), remove the number ``100'' and add, in its 
place, the number ``15'' and remove the words ``oily bilge slops or 
oily'' and add in their place ``oily mixtures from bilges or'';
    c. In paragraph (b), introductory text remove the phrase ``oily 
residues (sludges)'' and add, in its place, the words ``oil residue'';
    d. In paragraph (b)(2), remove the words ``oily wastes'' and add in 
their place ``oily mixtures''; and
    e. Revise paragraph (e) to read as follows:


Sec. 155.360  Oily Mixture (Bilge slops) discharges on oceangoing ships 
of 400 gross tons and above but less than 10,000 gross tons, excluding 
ships that carry ballast water in their fuel oil tanks.

* * * * *
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).
* * * * *

    15. In Sec. 155.370--
    a. Revise the section heading and paragraph (a) to read as set 
forth below;
    b. In paragraph (b) introductory text, remove the phrase ``oily 
residues (sludges)'' and add, in its place, the words ``oil residue'';
    c. In paragraph (b)(1), remove the words ``oily residues'' and add, 
in their place, the words ``oil residue'';
    d. In paragraph (b)(2), remove the words ``oily wastes'' and add, 
in their place, the words ``oily mixtures'';
    e. Remove paragraph (d);

[[Page 55572]]

    f. Redesignate paragraphs (e) and (f) as paragraphs (d) and (e), 
respectively; and
    g. Revise newly redesignated paragraph (e) to read as follows:


Sec. 155.370  Oily mixture (bilge slops)/fuel oil tank ballast water 
discharges on oceangoing ships of 10,000 gross tons and above and 
oceangoing ships of 400 gross tons and above that carry ballast water 
in their fuel oil tanks.

    (a) No person may operate an oceangoing ship of 10,000 gross tons 
and above, or any oceangoing ship of 400 gross tons and above, that 
carries ballast water in its fuel oil tanks, unless it has--
    (1) Approved 15 ppm oily-water separating equipment for the 
processing of oily mixtures from bilges or fuel oil tank ballast;
    (2) A bilge alarm; and
    (3) A means for automatically stopping any discharge of oily 
mixture when the oil content in the effluent exceeds 15 ppm.
* * * * *
    (e) This section does not apply to a fixed or floating drilling rig 
or other platform, except as specified in Sec. 155.400(a)(2).


Sec. 155.380  [Amended]

    16. In Sec. 155.380, remove paragraph (c) and redesignate paragraph 
(d) as paragraph (c).

    17. In Sec. 155.410, revise paragraph (a)(3) to read as set forth 
below and, in paragraph (b), remove the words ``oily bilge slops or 
oily'' and add, in their place, the words ``oily mixtures from bilges 
or'':


Sec. 155.410  Pumping, piping, and discharge requirements for non-
oceangoing ships of 100 gross tons and above.

    (a) * * *
    (3) Each outlet required by this section has a shore connection 
that is compatible with reception facilities in the ship's area of 
operation; and
* * * * *

    18. In Sec. 155.420--
    a. In paragraph (a)(3), remove the words ``The outlet'' and add, in 
their place, the phrase ``For a ship on an international voyage, the 
outlet'';
    b. Redesignate paragraphs (a)(4) and (a)(5) as paragraphs (a)(5) 
and (a)(6), respectively;
    c. Add new paragraph (a)(4) to read as follows;
    d. In newly designated paragraph (a)(5), remove the word ``wastes'' 
and add, in its place, ``mixtures''; and
    e. In paragraph (b), remove the words ``oily bilge slops or oily'' 
and add, in their place, the words ``oily mixtures from bilges or'':


Sec. 155.420  Pumping, piping, and discharge requirements for 
oceangoing ships of 100 gross tons and above but less than 400 gross 
tons.

    (a) * * *
    (4) For a ship not on an international voyage, the outlet required 
by this section has a shore connection that is compatible with 
reception facilities in the ship's area of operation;
* * * * *

    19. In Sec. 155.430, revise paragraph (a) introductory text to read 
as set forth below:


Sec. 155.430  Standard discharge connections for oceangoing ships of 
400 gross tons and above.

    (a) All oceangoing ships of 400 gross tons and above must have a 
standard shore connection for reception facilities to discharge oily 
mixtures from machinery space bilges or ballast water containing an 
oily mixture from fuel oil tanks. The discharge connection must have 
the following dimensions:
* * * * *


Sec. 155.440  [Amended]

    20. In Sec. 155.440, in the section heading, remove the words 
``water ballast'' and add, in their place, the words ``ballast water''.

    21. Revise Sec. 155.810 to read as follows:


Sec. 155.810  Tank vessel security.

    Operators of tank vessels carrying more oil cargo residue than 
normal in any cargo tank must assign a surveillance person or persons 
responsible for maintaining standard vessel security.


Sec. 155.1015  [Amended]

    22. In Sec. 155.1015, in paragraphs (a) and (c)(2), before the 
words ``cargo residue'', add the word ``oil''.

    23. In Sec. 155.1020, revise the definition of ``petroleum oil'' to 
read as follows:


Sec. 155.1020  Definitions.

* * * * *
    Petroleum oil means petroleum in any form, including but not 
limited to, crude oil, fuel oil, sludge, oil residue, and refined 
products.
* * * * *

PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT 
RELATING TO TANK VESSELS CARRYING OIL IN BULK

    24. The authority citation for part 157 continues to read as 
follows:

    Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note); 49 CFR 
1.46. Subparts G, H, and I are also issued under section 4115(b), 
Pub. L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.


Sec. 157.03  [Amended]

    25. In Sec. 157.03--
    a. In the definitions of ``lightweight'', ``oil fuel'', and 
``segregated ballast'', remove the words ``oil fuel'' and add, in their 
place, the words ``fuel oil'';
    b. In the definition of ``slop tank'', remove the words ``oil 
mixtures'' and add, in their place, the words ``oily mixtures'';
    c. Add, in alphabetical order, the definitions of the terms 
``MARPOL 73/78'', ``oil cargo residue'', ``oil residue'' and ``oily 
mixture'';
    d. Remove the definition of ``MARPOL Protocol''; and
    e. Revise the definition of ``petroleum oil'' to read as follows:


Sec. 157.03  Definitions.

* * * * *
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1 7SR, England.
* * * * *
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component of oil. The term ``oil cargo residue'' is also 
known as ``cargo oil residue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil whether in solid, semi-solid, emulsified, 
or liquid form, resulting from drainages, leakages, exhausted oil, and 
other similar occurrences from machinery spaces.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily 
waste, and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks, including any 
oil cargo residue.
* * * * *
    Petroleum oil means petroleum in any form, including but not 
limited to, crude oil, fuel oil, sludge, oil residue, and refined 
products.
* * * * *

[[Page 55573]]

Sec. 157.04  [Amended]

    26. In Sec. 157.04(b), remove the words ``MARPOL Protocol'' and 
add, in their place, ``MARPOL 73/78''.


Sec. 157.07  [Amended]

    27. In Sec. 157.07, remove the phrase ``MARPOL Protocol'' and add, 
in its place, the phrase ``MARPOL 73/78''.


Sec. 157.11  [Amended]

    28. In Sec. 157.11(a), remove the words ``cargo residues and 
other''.


Sec. 157.12  [Amended]

    29. In Sec. 157.12(b)(2), remove the phrase ``MARPOL Protocol'' and 
add, in its place, the phrase ``MARPOL 73/78''.

    30. Revise Sec. 157.15(b) introductory text to read as follows:


Sec. 157.15  Slop tanks in tank vessels.

* * * * *
    (b) Capacity. Slop tanks must have the total capacity to retain 
oily mixtures from cargo tank washings, oil residue, and ballast water 
containing an oily mixture of 3 percent or more of the oil carrying 
capacity. Two percent capacity is allowed if there are--
* * * * *


Sec. 157.17  [Amended]

    31. In Sec. 157.17--
    a. In the section heading and in paragraphs (b) and (c), remove the 
words ``oily residue'' and add, in their place, the phrase ``oil 
residue (sludge)''; and
    b. In paragraph (a), remove the words ``oily residue'' and add, in 
their place, the words ``oil residue''.

    32. Add Sec. 157.22 to read as follows:


Sec. 157.22  Intact stability requirements.

    All tank ships of 5,000 DWT and above contracted after December 3, 
2001 must comply with the intact stability requirements of Regulation 
25A, Annex I MARPOL 73/78.


Sec. 157.24  [Amended]

    33. In Sec. 157.24(c)(2), remove the words ``MARPOL Protocol'' and 
add, in their place, ``MARPOL 73/78''.


Sec. 157.24a  [Amended]

    34. In Sec. 157.24a(b)(2), remove the words ``MARPOL Protocol'' and 
add, in their place, ``MARPOL 73/78''.


Sec. 157.33  [Amended]

    35. In Sec. 157.33, remove the words ``oil fuel'' and add, in their 
place, the words ``fuel oil''.

    36. In Sec. 157.37--
    a. In paragraph (a)(3), remove the number ``60'' and add, in its 
place, the number ``30'';
    b. In paragraph (a)(7), remove the phrase ``MARPOL Protocol'' and 
add, in its place, the phrase ``MARPOL 73/78'';
    c. In paragraph (b), remove the word ``residues'' and add, in its 
place, the words ``oil cargo residues''; and
    d. Revise the section heading and paragraph (e) introductory text 
to read as follows:


Sec. 157.37  Discharge of oily mixtures from oil cargoes.

* * * * *
    (e) Ballast water containing an oily mixture may be discharged 
below the waterline at sea by gravity if--
* * * * *


Sec. 157.39  [Amended]

    37. In Sec. 157.39--
    a. In paragraph (a) and the introductory text of paragraph (b), 
remove the words ``oil cargo mixture'' and add, in their place, the 
words ``oil cargo residue'';
    b. Remove paragraph (b)(1);
    c. Redesignate paragraphs (b)(2), (b)(3), and (b)(4) as paragraphs 
(b)(1), (b)(2), and (b)(3), respectively;
    d. In newly designated paragraph (b)(2), remove the number ``100'' 
and add, in its place, the number ``15''.


Sec. 157.43  [Amended]

    38. In Sec. 157.43(b) introductory text, remove the words ``oil 
mixture'' and add, in their place, the words ``oily mixture''.


Sec. 157.118  [Amended]

    39. In Sec. 157.118(a)(1)(ii) and (a)(2)(i), remove the phrase 
``MARPOL Protocol'' and add, in its place, the phrase ``MARPOL 73/78''.


Sec. 157.138  [Amended]

    40. In Sec. 157.138(a)(1), remove the phrase ``MARPOL Protocol'' 
and add, in its place, the phrase ``MARPOL 73/78''.


Sec. 157.140  [Amended]

    41. In Sec. 157.140(a)(1), remove the phrase ``oil clingage or 
deposits of oil, or both'' and add, in its place, the words ``oil 
residues''.


Sec. 157.160  [Amended]

    42. In Sec. 157.160(a)(2) and (b)(3), remove the word ``sludge'' 
and add, in its place, ``oil cargo residue''.


Sec. 157.216  [Amended]

    43. In Sec. 157.216(a)(1)(ii) and (a)(2)(i), remove the phrase 
``MARPOL Protocol'' and add, in its place, the phrase ``MARPOL 73/78''.


Sec. 157.224  [Amended]

    44. In Sec. 157.224(a), remove the phrase ``MARPOL Protocol'' and 
add, in its place, the phrase ``MARPOL 73/78''.


Sec. 157.302  [Amended]

    45. In Sec. 157.302, paragraphs (b)(3) and (b)(6), remove the words 
``cargo residues'' and add, in their place, the words ``oil cargo 
residues''.


Sec. 157.304  [Amended]

    46. In Sec. 157.304(a), remove the words ``cargo residues'' and 
add, in their place, ``oil cargo residues''.


Sec. 157.310  [Amended]

    47. In Sec. 157.310(c), remove the words ``cargo residues'' and 
add, in their place, the words ``oil cargo residues''.


Sec. 157.400  [Amended]

    48. In Sec. 157.400(b)(2), remove the words ``cargo residue'' and 
add, in their place, the words ``oil cargo residue''.

    49. In part 157, appendix B, add paragraph 3(f) to read as follows:

Appendix B--Subdivision and Stability Assumptions

* * * * *
    3. * * *
    (f) For oil tankers of 20,000 DWT and above, the damage assumptions 
must be supplemented by the following assumed bottom raking damage:
    (1) Longitudinal extent:
    (i) For ships of 75,000 DWT and above, 0.6L measured from the 
forward perpendicular.
    (ii) For ships of less than 75,000 DWT, 0.4L measured from the 
forward perpendicular.
    (2) Transverse extent: B/3 anywhere in the bottom.
    (3) Vertical extent: Breach of the outer hull.

Appendix D [Amended]

    50. In part 157, appendix D, paragraph 2(a)(1), remove the word 
``slop'' and add, in its place, the words ``oily mixtures''.

PART 158--RECEPTION FACILITIES FOR OIL, NOXIOUS LIQUID SUBSTANCES, 
AND GARBAGE

    51. The authority citation for part 158 continues to read as 
follows:

    Authority: 33 U.S.C. 1903(b); 49 CFR 1.46.


Sec. 158.100  [Amended]

    52. In Sec. 158.100(b)(1), remove the words ``Residues and mixtures 
containing oil'' and add, in their place, the words ``Oily mixtures''.

[[Page 55574]]

Sec. 158.110  [Amended]

    53. In Sec. 158.110(a)(1), remove the words ``residues and mixtures 
containing oil'' and add, in their place, the words ``oily mixtures''.

    54. In Sec. 158.120--
    a. Revise the section heading;
    b. Remove the definition of ``MARPOL Protocol'';
    c. Revise the definition of ``oil'';
    d. In the definition of ``reception facility'', remove the words 
``residues and mixtures containing oil'' and add, in their place, the 
words ``oily mixtures''; and
    e. Add, in alphabetical order, the definitions of the terms 
``MARPOL 73/78'', ``oil cargo residue'', ``oil residue'', and ``oily 
mixtures'' to read as follows:


Sec. 158.120  Definitions.

* * * * *
    MARPOL 73/78 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention. A copy of MARPOL 73/78 is available from 
the International Maritime Organization, 4 Albert Embankment, London, 
SE1 7SR, England.
* * * * *
    Oil means petroleum whether in solid, semi-solid, emulsified, or 
liquid form, including but not limited to, crude oil, fuel oil, sludge, 
oil refuse, oil residue, and refined products, and, without limiting 
the generality of the foregoing, includes the substances listed in 
Appendix I of Annex I of MARPOL 73/78. ``Oil'' does not include animal 
and vegetable based oil or noxious liquid substances (NLS) designated 
under Annex II of MARPOL 73/78.
    Oil cargo residue means any residue of oil cargo whether in solid, 
semi-solid, emulsified, or liquid form from cargo tanks and cargo pump 
room bilges, including but not limited to, drainages, leakages, 
exhausted oil, muck, clingage, sludge, bottoms, paraffin (wax), and any 
constituent component of oil. The term ``oil cargo residue'' is also 
known as ``cargo oil residue.''
    Oil residue means--
    (1) Oil cargo residue; and
    (2) Other residue of oil resulting from drainages, leakages, 
exhausted oil, and other similar occurrences from machinery spaces.
    Oily mixture means a mixture, in any form, with any oil content. 
``Oily mixture'' includes, but is not limited to--
    (1) Slops from bilges;
    (2) Slops from oil cargoes (such as cargo tank washings, oily 
waste, and oily refuse);
    (3) Oil residue; and
    (4) Oily ballast water from cargo or fuel oil tanks.
* * * * *


Sec. 158.133  [Amended]

    55. In Sec. 158.133(a), remove the words ``residues and mixtures 
containing oil'' and add, in their place, the words ``oily mixtures''.


Sec. 158.135  [Amended]

    56. In Sec. 158.135(a), remove the words ``residues and mixtures 
containing oil'' and add, in their place, the words ``oily mixtures''.

    57. Revise the heading of subpart B to read as follows:

Subpart B--Criteria for Reception Facilities: Oily Mixtures


Sec. 158.200  [Amended]

    58. In Sec. 158.200(a)(2), (a)(3)(i), (a)(3)(iii), and (b), remove 
the words ``residues and mixtures containing oil'' and add, in their 
place, the words ``oily mixtures''; and, in (a)(3)(ii), remove the 
words ``oily ballast'' and add, in their place, the words ``ballast 
water containing oily mixtures''.


Sec. 158.210  [Amended]

    59. In Sec. 158.210--
    a. In paragraph (a), remove the word ``Sludge'' and add, in its 
place, the words ``Oil residue'';
    b. In paragraph (b), remove the words ``Oily bilge water'' and add, 
in their place, the words ``Bilge water containing oily mixtures''; and
    c. In paragraph (c), remove the words ``Oily ballast'' and add, in 
their place, the words ``Ballast water containing oily mixtures''.


Sec. 158.220  [Amended]

    60. In Sec. 158.220--
    a. In paragraph (a), remove the word ``Sludge'' and add, in its 
place, the words ``Oil residue'';
    b. In paragraph (b), remove the words ``Oily bilge water'' and add, 
in their place, the words ``Bilge water containing oily mixtures'';
    c. In paragraph (c), remove the words ``Oily ballast'' and add, in 
their place, the words ``Ballast water containing oily mixtures''; and
    d. In paragraph (d), remove the words ``Cargo residue'' and add, in 
their place, the words ``Oil cargo residue''.


Sec. 158.230  [Amended]

    61. In Sec. 158.230--
    a. In paragraph (a), remove the word ``Sludge'' and add, in its 
place, the words ``Oil residue''; and
    b. In paragraph (b), remove the words ``Oily bilge water'' and add, 
in their place, the words ``Bilge water containing oily mixtures''.

    62. In Sec. 158.240, revise paragraphs (a) and (b), and the 
introductory text to paragraphs (c) and (d), to read as follows:


Sec. 158.240  Ship repair yards.

* * * * *
    (a) An amount of ballast from bunker tanks, and the wash water and 
oil residue from the cleaning of bunker tanks and oil residue (sludge) 
tanks, equal to 8 percent of the bunker capacity of the largest 
oceangoing ship serviced;
    (b) An amount of solid oil cargo residues from cargo tanks equal to 
0.1 percent of the deadweight tonnage of the largest oceangoing tanker 
serviced;
    (c) An amount of ballast water containing oily mixtures and wash 
water from in-port tank washing equal to--
* * * * *
    (d) An amount of liquid oil cargo residue based on the following 
percentages of deadweight tonnage of the largest oceangoing tanker 
serviced:
* * * * *


Sec. 158.250  [Amended]

    63. In Sec. 158.250, remove the words ``oily bilge water''and add, 
in their place, the words ``bilge water containing oily mixtures''.

46 CFR PART 172--SPECIAL RULES PERTAINING TO BULK CARGOES

    64. The authority citation for part 172 continues to read as 
follows:

    Authority: 46 U.S.C 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 3 
CFR, 1980 Comp., p. 277; 49 CFR 1.46.

    65. Add Sec. 172.048 to read as follows:


Sec. 172.048  Definitions.

    As used in this subpart--
    MARPOL 73/38 means the International Convention for the Prevention 
of Pollution from Ships, 1973, as modified by the Protocol of 1978 
relating to that Convention

    66. In Sec. 172.065, in table 172.065(A), revise the heading of the 
table and, at the end of the table, immediately preceding footnote 1 to 
the table, add a new undesignated heading and entry for ``GROUNDING 
PENETRATION FOR RAKING DAMAGE''; and, in table 172.065(B), revise the 
heading of the table to read as follows:


Sec. 172.065  Damage stability.

* * * * *

[[Page 55575]]



                   Table 172.065(a)--Extent of Damage
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                 GROUNDING PENETRATION FOR RAKING DAMAGE
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For tank vessels of 20,000
 DWT and above, the following
 assumed bottom raking damage
 must supplement the damage
 assumptions:
    Longitudinal extent......  For vessels of 75,000 DWT and above, 0.6L
                                measured from the forward perpendicular.
                               For vessels of less than 75,000 DWT, 0.4L
                                measured from the forward perpendicular.
    Transverse extent........  B/3 anywhere in the bottom.
    Vertical extent..........  Breach of the outer hull.
 
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                     Table 172.065(b)--Permeability
 
 

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    68. Add Sec. 172.070 to read as follows:


Sec. 172.070  Intact stability.

    All tank vessels of 5,000 DWT and above contracted after the 
effective date of this rulemaking must comply with the intact stability 
requirements of Regulation 25A, annex I of MARPOL 73/78.

    Dated: June 25, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 01-27256 Filed 11-01-01; 8:45 am]
BILLING CODE 4910-15-U