[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2799-2800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01591]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 154

[Docket Number USCG-1999-5705]
RIN 1625-AA-12 and 2115-AE87


Marine Transportation-Related Facility Response Plans for 
Hazardous Substances

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking entitled ``Marine Transportation-Related Facility Response 
Plans for Hazardous Substances'' that we published on March 31, 2000. 
The Coast Guard is withdrawing this rulemaking based on findings that 
the proposed rules are no longer appropriate to the current state of 
spill response in the chemical industry.

DATES: The notice of proposed rulemaking published March 31, 2000, at 
65 FR 17416, is withdrawn as of February 8, 2019.

ADDRESSES: The docket for this withdrawn rulemaking is available by 
searching docket number USCG-1999-5705 using the Federal portal at 
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of withdrawal, call or email Mr. Christopher Friese, Commercial 
Vessel Safety Specialist, Office of Marine Environmental Response 
Policy (CG-MER-1), Coast Guard; telephone 202-372-1227.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

FR Federal Register
NPRM Notice of Proposed Rulemaking
OPA 90 Oil Pollution Act of 1990
CTAC Chemical Transportation Advisory Committee

II. Background

    The Clean Water Act,\1\ as amended by section 4202(a)(6) of the Oil 
Pollution Act of 1990 (OPA 90),\2\ requires owners or operators of tank 
vessels, offshore facilities, and onshore facilities to prepare 
response plans to mitigate spills of both oils and hazardous 
substances. These plans must address measures to respond, to the 
maximum extent practicable, to a worst-case discharge or a substantial 
threat of such a discharge, of oil or a hazardous substance into or on 
navigable waters, adjoining shorelines, or the exclusive economic zone 
of the United States. The primary purpose of requiring response plans 
is to minimize the impact of a discharge of oil or hazardous substances 
into the navigable waters of the United States.
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    \1\ 33 U.S.C. 1321(j)(5).
    \2\ Public Law 101-380, 104 Stat. 484.
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    On May 3, 1996, we published an advance notice of proposed 
rulemaking soliciting public input on regulations concerning response 
plans for certain tank vessels and marine transportation-related 
facilities (61 FR 20083), and subsequently held two public meetings on 
the subject that were announced in the Federal Register (61 FR 34775). 
On March 31, 2000, we published a notice of proposed rulemaking (NPRM) 
in the Federal Register entitled ``Marine Transportation-Related 
Facility Response Plans for Hazardous Substances'' (65 FR 17416). In 
the NPRM, we proposed regulations requiring response plans for certain 
Marine Transportation-Related facilities. The Coast Guard received 
feedback from concerned citizens, commercial entities, and trade 
associations regarding the proposed rulemaking. These comments were 
made available in the docket. Since then, further analysis by the Coast 
Guard and the Chemical Transportation Advisory Committee (CTAC) has 
shown that implementation of the rules as laid out in the 2000 NPRM 
would not significantly increase response effectiveness at this time.
    CTAC also identified many areas in which the NPRM may overlap with 
existing local and state regulatory schemes as well as current industry 
practice. Most coastal states already have regulations in place 
governing spill response at facilities that handle hazardous 
substances. Area Planning Committees have also been voluntarily 
incorporating hazardous substances into their contingency plans, as 
facilities that handle hazardous chemicals are often located near sites 
that process oil. Furthermore, organizations like the Chemical 
Transportation Emergency Center and Spill Center have demonstrated that 
synergies from oil response may also be utilized in hazardous substance 
response. Marine transportation related facilities handling oil 
products must also comply with the Coast Guard's Facility Response Plan 
requirements.\3\ Although these requirements address planning for oil 
spill response, these best practices may also be applied to hazardous 
substance response to an extent. Due to the services and requirements 
industry frequently engages in to satisfy

[[Page 2800]]

insurance requirements and company sustainability polices, together 
with the existence of new terminal inspection protocols like that 
developed by the Chemical Distribution Institute, CTAC was unable to 
identify any significant gaps in hazardous substance spill response 
planning at marine transportation-related facilities that would be 
reduced by the 2000 proposed rulemaking.
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    \3\ 33 CFR part 154, subpart F.
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III. Withdrawal

    The Coast Guard is withdrawing the proposed rulemaking so as to 
better analyze the current spill response capabilities of the chemical 
industry before conducting any further rulemaking on hazardous 
substance response plans for marine transportation-related facilities. 
The Coast Guard remains committed to fulfilling its OPA 90 mandate, 
however we believe the proposed rules are no longer appropriate as 
proposed.
    The Coast Guard has determined that withdrawing the proposed rule 
is appropriate based on findings that the proposed rules are no longer 
applicable to the current state of spill response in the chemical 
industry. Accordingly, the Coast Guard is withdrawing the ``Marine 
Transportation-Related Facility Response Plans for Hazardous 
Substances'' proposed rulemaking announced in an NPRM published March 
31, 2000 (65 FR 17416).

IV. Executive Order 13771

    The withdrawal of the NPRM qualifies as a deregulatory action under 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs), which directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.'' See the OMB Memorandum titled 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).

     Dated: February 4, 2019.
Anthony J. Vogt,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response 
Policy.
[FR Doc. 2019-01591 Filed 2-7-19; 8:45 am]
 BILLING CODE 9110-04-P