[Federal Register Volume 69, Number 147 (Monday, August 2, 2004)]
[Notices]
[Page 46172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17527]


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DEPARTMENT OF HOMELAND SECURITY

[USCG-2004-18656]


U.S. Position on Amendments to MARPOL 73/78 Regarding the Phase-
Out of Existing Single Hull Tank Vessels

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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SUMMARY: This notice is to inform the public that on Friday, July 2, 
2004, the U.S. Embassy in London deposited a declaration with the 
International Maritime Organization stating that the express approval 
of the U.S. Government will be necessary before the December 2003 
revised Regulation 13G and new Regulation 13H of the International 
Convention for the Prevention of Pollution from Ships (MARPOL 73/78) 
would enter into force for the U.S. In this declaration, the U.S. cited 
specific technical differences between the revised MARPOL 73/78 
regulations for new and existing tank vessels and provisions of the Oil 
Pollution Act of 1990.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact LCDR Roger K. Butturini, Project Manager, Office of 
Standards Evaluation and Development, Project Development Division (G-
MSR-2), telephone 202-267-2857 or via e-mail [email protected]. 
If you have questions about viewing material on the docket, call Andrea 
M. Jenkins, Program Manager, Docket Operations, telephone 202-366-0271.

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-2004-18656 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.

SUPPLEMENTARY INFORMATION: The International Convention for the 
Prevention of Pollution from Ships (MARPOL 73/78), 33 U.S.C. Sec.  1901 
et seq., is the primary international agreement aimed at reducing 
pollution of the marine environment from a variety of vessel-generated 
sources. Annex I to MARPOL 73/78, ``Prevention of Pollution by Oil,'' 
contains provisions intended to reduce both intentional and accidental 
discharges of oil. Regulation 13G of Annex I, ``Prevention of oil 
pollution in the event of collision or stranding-Measures for existing 
tankers,'' establishes the phase-out schedule for single hull oil tank 
vessels. On December 4, 2003, the IMO adopted an amendment to 
Regulation 13G to accelerate the phase-out of single hull tank vessels. 
During the same session, the IMO also adopted a new Regulation 13H to 
Annex I, entitled ``Prevention of oil pollution when carrying heavy 
grades of oil,'' to ban the carriage of heavy grade oil in single hull 
tank vessels.
    Although the international maritime community is moving closer to 
U.S. standards, significant differences between Regulation 13G and the 
Oil Pollution Act of 1990 (OPA 90), 46 U.S.C. 3703, remain. For 
example, OPA 90 is generally more aggressive in its phase-out schedule 
for a majority of single hull oil tank vessels, based on size and age 
of the ship. During similar circumstances in 1992 and 2002, the U.S. 
Embassy in London deposited declarations with the International 
Maritime Organization (IMO) stating that the express approval of the 
United States would be necessary before Regulation 13F of Annex I, 
``Prevention of oil pollution in the event of collision or stranding'' 
or amended Regulation 13G would enter into force for the United States. 
Furthermore, the link between Regulation 13H and Regulations 13F and 
13G is such that it is difficult to apply Regulation 13H without also 
giving effect to Regulations 13F and 13G.
    Through its July 2, 2004 declaration, which is available in the 
docket, the U.S. declared a position with the IMO that the express 
approval of the U.S. will be necessary before these amendments will be 
applied in lieu of existing U.S. law. As a result, the U.S. has 
reaffirmed with the IMO that OPA 90 continues to be the national 
governing standard for tank vessels operating in U.S. waters.

    Authority: 33 U.S.C. 1231, 33 U.S.C. 1321, E.O. 12777, 
Department of Homeland Security Delegation No. 0170.1.

    Dated: July 26, 2004.
Joseph J. Angelo,
Director of Standards, Marine Safety and Environmental Protection.
[FR Doc. 04-17527 Filed 7-30-04; 8:45 am]
BILLING CODE 4910-15-P