[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Rules and Regulations]
[Pages 6171-6172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3250]


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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: Final rule.

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SUMMARY: The Coast Guard is finalizing regulations previously published 
as an interim rule (IR). 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, but was never 
published as a final rule.

DATES: This final rule is effective on March 13, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2000-7442 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 on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Michael Jendrossek, Office of Vessel and Facilities Operating 
Standards, Coast Guard, telephone 202-267-0836. If you have questions 
on viewing the docket, call Dorothy Beard, Chief, Dockets, Department 
of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    On May 24, 1989, the Coast Guard published in the Federal Register 
(54 FR 22546) an interim rule (IR) with request for comments (docket 
number CGD 89-014) implementing the permitting and numbering 
requirements of the Shore Protection Act (33 U.S.C. 2601 et seq.). In 
response, the Coast Guard received six comments. After it was 
determined that the procedures outlined in the IR 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 IR was never finalized.
    The IR 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 is now finalizing the IR. As the first step 
in this process, we reopened the comment period for the IR by 
publishing a notice of intent with request for comments in the Federal 
Register (66 FR 22137) on May 3, 2001. We received three comments 
regarding our intent to finalize this rulemaking.

Discussion of Comments

    We received one comment that suggested using an Automatic 
Identification System (AIS) on vessels permitted to carry municipal 
waste. We are unable to respond to this comment as it is outside the 
scope of this rulemaking. However, the Coast Guard will be considering 
AIS use generally in a future rulemaking.
    The second comment was from the Commonwealth of Virginia. The 
comment suggest the Coast Guard take further steps to ensure the 
protection of human health and the environment. They suggest requiring 
information from the applicant on financial capability for clean-up and 
natural resource damage, information on past environmental violations 
or criminal convictions and a waste load tracking system. The 
Commonwealth also urges the Coast Guard to recognize legitimate 
interests of state regulation.
    This rulemaking is still a two-part regulation, and this final rule 
only concerns the first portion. This rule has been interim for over 
ten years and should be finalized before we progress with the second 
portion of this rulemaking. The second part will address such issues as 
permanent permits versus conditional permits, as well as suspension and 
revocation provisions. We will provide the public with additional 
opportunities to comment on the second portion of the rulemaking, and 
we will keep the comments listed above in mind as we prepare that 
second portion. That drafting process will include consultation with 
States, if necessary.
    The third comment was from the Environmental Protection Agency 
(EPA) requesting that the Coast Guard delay finalizing this rule. As we 
have already stated, this is merely an administrative finalization of 
the interim rule that has been operating for over ten years. The Coast 
Guard is committed to working with EPA as they finalize their 
regulations under the Shore Protection Act. We are also committed to 
working with EPA to establish a formal, non-conditional permitting 
process, as well as suspension and revocation procedures for the 
permanent permits. In the spirit of that cooperation, we shared a draft 
of this final rule with EPA.

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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    These regulations contain only minimal reporting requirements. 
Respondents are required to complete an application containing only the 
minimum information necessary for the Coast Guard to fulfill its 
obligations under the SPA. They are also required to display a number 
on the vessel. The cost of complying with these requirements will be 
minimal. These costs are proportionally lower for small entities than 
for larger ones because a small entity will have fewer vessels and 
therefore will have fewer applications to complete and numbers to 
display. Since these costs are so low, the cost to any

[[Page 6172]]

individual small entity will be negligible. During the two comment 
periods for this rulemaking, the Coast Guard received no comments 
regarding adverse impacts economic or otherwise on small entities. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule would 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), we 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 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collection 
of information requirements in the IR were previously approved by OMB. 
OMB Control Number 2115-0579 is assigned the collection.

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.

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 discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. 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 would not effect a taking of private property or 
otherwise have taking implications under Executive 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 create an 
environmental risk to health or risk to 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 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 have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. The permit and numbering system, required 
in the rule, are parts of a regulatory program to minimize the amount 
of municipal or commercial waste entering the coastal waters of the 
United States. The regulations are administrative in nature and do not 
prescribe any operational requirements that will have an impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 151

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

    For the reasons discussed in the preamble, the interim rule 
amending 33 CFR part 151 which was published at 54 FR 22546 on May 24, 
1989, and amended at 54 FR 24078, June 5, 1989; 61 FR 33665, June 28, 
1996; 62 FR 33363, June 19, 1997; and 66 FR 33637, June 25, 2001, is 
adopted as a final rule.

    Dated: December 14, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety 
and Environmental Protection.
[FR Doc. 02-3250 Filed 2-8-02; 8:45 am]
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