[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Rules and Regulations]
[Pages 7539-7540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02713]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 154

[USCG-1999-5150]
RIN 1625-AB37


Marine Vapor Control Systems; Correction

AGENCY: Coast Guard, DHS.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final regulations 
(RIN 1625-AB37) that were published in the Federal Register of Tuesday, 
July 16, 2013 (78 FR 42595). The regulations related to safety 
regulations for facility and vessel vapor control systems (VCSs).

DATES: Effective February 11, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Dr. Cynthia A. Znati, Office of Design and 
Engineering Standards, Hazardous Materials Division, U.S. Coast Guard; 
telephone 202-372-1412, email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The final regulations that are the subject of these corrections 
affect persons who wish to serve as persons in charge of VCS 
certification, and the applicability of VCS recertification 
requirements. In 33 CFR 154.2010 (g), the current wording inadvertently 
limits the class of persons who may serve as a person in charge of VCS 
certification to persons who were licensed as professional engineers on 
or before August 15, 2014. With the passage of time, the current 
wording thus would prevent the entry of younger persons into VCS 
certification. This was not our intention. As discussed in the preamble 
to the final rule, in ``Table 1--Discussion of Comments and Changes,'' 
78 FR at 42599, our intention was to amend Sec.  154.2010(g) to provide 
a one-year phase-in period for persons wishing to certify VCSs but not 
licensed as professional engineers as of the final rule's effective 
date, August 15, 2013. Accordingly, we now correct Sec.  154.2010(g) to 
clarify that a professional engineering license of any date is 
acceptable for purposes of paragraph (g), but that for persons

[[Page 7540]]

wishing to be in charge of VCS certification, but not licensed as 
professional engineers on August 15, 2013, they had one year from that 
date to obtain their licenses.
    In 33 CFR 154.2020 (b), the current wording inadvertently restricts 
the applicability of paragraph (b)'s recertification requirements to 
VCSs that were in operation prior to July 23, 1990. However, it is 
clear from the preamble to the final rule, in ``Table 1--Discussion of 
Comments and Changes,'' 78 FR at 42600, that we fully intended that 
newer VCSs also be recertified if they meet any of the conditions 
described in paragraphs (b)(1) through (b)(5). Nowhere in the NPRM or 
in the final rule did we suggest that recertification should be 
restricted to older VCSs. Accordingly, we now correct Sec.  154.2020(b) 
to remove any reference to the July 23, 1990, break point.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and need to be clarified.

List of Subjects in 33 CFR Part 154

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

    Accordingly, 33 CFR part 154 is corrected by making the following 
correcting amendments:

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIALS IN 
BULK

0
1. The authority citation for part 154 continues to read as follows:

    Authority: 33 U.S.C. 1225, 1231, 1321(j)(1)(C), (j)(5), (j)(6), 
and (m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland 
Security Delegation No. 0170.1. Subpart F is also issued under 33 
U.S.C. 2735. Vapor control recovery provisions of Subpart P are also 
issued under 42 U.S.C. 7511b(f)(2).

0
2. Revise paragraph (g) of Sec.  154.2010 to read as follows:


Sec.  154.2010  Qualifications for acceptance as a certifying entity.

* * * * *
    (g) The person in charge of VCS certification must be a licensed 
professional engineer in a U.S. State or territory. A person in charge 
of VCS certification who is not a licensed professional engineer on 
August 15, 2013 must obtain that license from a U.S. State or territory 
by August 15, 2014.
0
3. Revise the introductory text of paragraph (b) of Sec.  154.2020 to 
read as follows:


Sec.  154.2020  Certification and recertification--owner/operator 
responsibilities.

* * * * *
    (b) A certified VCS or a Coast Guard-approved VCS must be 
recertified by a certifying entity under 33 CFR 154.2023 before it 
can--
* * * * *

    Dated: February 5, 2015.
K. Cervoni,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2015-02713 Filed 2-10-15; 8:45 am]
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