[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2800-2801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01593]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 155

[Docket Number USCG-1998-4354]
RIN 1625-AA13 and 2115-AE88


Tank Vessel 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 ``Tank Vessel Response Plans for Hazardous 
Substances'' that we published on March 22, 1999. 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 22, 1999, at 
64 FR 13734, is withdrawn as of February 8, 2019.

ADDRESSES: The docket for this withdrawn rulemaking is available by 
searching docket number USCG-1998-4354 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 22, 1999, we published a notice of proposed rulemaking (NPRM) 
in the Federal Register entitled ``Tank Vessel Response Plans for 
Hazardous Substances'' (64 FR 13734). In the NPRM, we proposed 
regulations that would require response plans for certain tank vessels 
operating on the navigable waters of the United States. 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 proposed rules as structured in 
the 1999 NPRM would not significantly increase response effectiveness 
at this time.
    CTAC also identified many areas in which the NPRM may overlap with 
existing local, state, and international regulatory schemes as well as 
current industry practice. The International Maritime Organization's 
Shipboard Marine Pollution Emergency Plan already requires all foreign 
flagged vessels and U.S. vessels on international routes carrying 
noxious liquid substance cargos, to develop and implement spill 
response plans. U.S. flagged vessels and foreign flag vessels calling 
on ports or places in the U.S. and carrying oil in bulk as cargo or 
using oil as fuel for main propulsion, must comply with the Coast 
Guard's Vessel Response Plan requirements.\3\ Although these 
requirements address planning for oil spill response, many of these 
practices may also be applied to hazardous substance responses. Vessels 
also must comply with numerous state response planning requirements 
when operating in state waters. The Coast Guard is concerned the 
proposed rules may create redundancy with some existing rules and be 
unnecessary due to industry's increased awareness and readiness since 
OPA 90 was passed. Between the above-mentioned

[[Page 2801]]

regulations already in place for oil spill response, industry 
initiatives such as the American Chemistry Council's Responsible Care 
and the American Waterways Operators' Responsible Carrier programs, and 
the sustainability policies of individual companies, CTAC was unable to 
identify large gaps in hazardous substance spill response planning for 
vessels that would be improved by the 1999 proposed rulemaking.
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    \3\ 33 CFR part 155, subpart D.
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III. Withdrawal

    The Coast Guard is withdrawing its proposed rulemaking in order to 
better analyze the current spill response capabilities of the chemical 
industry and gaps in the current regulatory regime before conducting 
any further rulemaking on hazardous substance response plans for tank 
vessels. While the Coast Guard remains committed to fulfilling its OPA 
90 mandate, we believe the proposed rules are no longer appropriate in 
their 1999 form.
    The Coast Guard has determined that withdrawing the proposed rule 
is appropriate based on findings that the 1999 proposed rules are no 
longer applicable to the current state of spill response in the 
chemical industry. Accordingly, the Coast Guard is withdrawing the 
``Tank Vessel Response Plans for Hazardous Substances'' proposed 
rulemaking published March 22, 1999 (64 FR 13734).

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. 2019-01593 Filed 2-7-19; 8:45 am]
 BILLING CODE 9110-04-P