Tank Level or Pressure Monitoring Devices on Single-Hull Tank Ships and Single-Hull Tank Barges Carrying Oil or Oil Residue as Cargo, 24497-24500 [E8-9812]
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24497
Rules and Regulations
Federal Register
Vol. 73, No. 87
Monday, May 5, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
Airworthiness Design Standards Under
the Primary Category Rule;
Cubcrafters, Inc., Model PC18–160
Federal Aviation
Administration (FAA), DOT.
ACTION: Issuance of Final Airworthiness
Design Standards.
AGENCY:
rfrederick on PROD1PC67 with RULES
SUMMARY: This notice announces the
issuance of airworthiness design
standards for acceptance of the
Cubcrafters, Inc., Model PC18–160
airplane under 14 CFR, part 21,
§ 21.17(f). Designation of applicable
regulations: For primary category
aircraft.
DATES: This Final Airworthiness Design
Standard is effective April 9, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Leslie B. Taylor, Aerospace Engineer,
Standards Office (ACE–111), Small
Airplane Directorate, Aircraft
Certification Service, FAA; telephone
number (816) 329–4134, fax number
(816) 329–4090, e-mail at
leslie.b.taylor@faa.gov.
SUPPLEMENTARY INFORMATION: Any
person may obtain a copy of this
information by contacting the person
named above under FOR FURTHER
INFORMATION CONTACT.
Comments
The proposed airworthiness design
standards were offered for comment in
Federal Register Volume 73, No. 14,
Page 3655 on January 22, 2008. No
comments were received and the
proposed airworthiness design
standards were adopted.
Background
The ‘‘primary’’ category for aircraft
was created specifically for the simple,
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low performance personal aircraft. A
means for applicants to propose
airworthiness standards for their
particular primary category aircraft is
provided under 14 CFR, part 21,
§ 21.17(f). The FAA procedure
establishing appropriate airworthiness
standards includes reviewing and
possibly revising the applicant’s
proposal, publication of the submittal in
the Federal Register for public review
and comment, and addressing the
comments. After all necessary revisions,
the standards are published as approved
FAA airworthiness standards.
Accordingly, the FAA adopts the
following airworthiness standards as
final.
maximum empty weight defined in
Paragraph 3.1.2 of ASTM F2245–07.
Engine
Citation
The authority citation for these
airworthiness standards is as follows:
The engine may or may not have its
own type certificate. If the engine does
not have its own type certificate, it will
be included in the airplane type
certificate using the following as a
proposed certification basis:
1. ASTM F2339–06, ‘‘Standard
Practice for Design and Manufacture of
Reciprocating Spark Ignition Engines for
Light Sport Aircraft,’’ modified as
follows: Engine parts and assemblies
will be manufactured under the purview
of a production certificate held by the
applicant. Section 7 of ASTM F2339–06
does not apply.
2. Optionally, the applicant may elect
to use a type certificated engine up to
180 horsepower.
Authority: 49 U.S.C. 106(g), 40113 and
44701.
Propeller
Final Airworthiness Standards for
Acceptance of the Cubcrafters Model
PC18–160 Under the Primary Category
Rule
The certification basis for the
Cubcrafters, Inc., Model PC18–160 is the
Primary Category Rule (part 21, § 21.24)
with Amendment 23–57 for 14 CFR,
part 23, §§ 23.853(a); 23.863; 23.1303(a),
(b), and (c); 23.1311(a)(1) through (a)(4),
and (b); 23.1321; 23.1322; 23.1329 and
23.1359 and:
A type certificated propeller will be
used.
In addition to the applicable
airworthiness regulations, the PC18–160
must comply with the fuel vent and
exhaust emission requirements of 14
CFR part 34 and the noise certification
requirements of 14 CFR part 36; and the
FAA must issue a finding of regulatory
adequacy pursuant to § 611 of Public
Law 92–574, the ‘‘Noise Control Act of
1972.’’
Airframe and Systems
ASTM F2245–07, ‘‘Standard
Specification for Design and
Performance of a Light Sport Airplane,’’
modified as follows:
1. Federal Aviation Regulations 23
Loads Report and Test Proposal to be
reviewed and approved by the Seattle
Aircraft Certification Office (ACO).
Specifically, Section 5 of ASTM F2245–
07 is replaced by Federal Aviation
Regulations part 23, §§ 23.301 through
23.561 (latest amendments through
Amendment 23–55) as applicable to this
airplane.
2. All major structural components
will be tested as per the approved Test
Proposal (this eliminates ‘‘analysis’’
allowed by ASTM).
3. Paragraph 4.2.1 of ASTM F2245–07
is replaced by Federal Aviation
Regulations part 23, § 23.25(b) except
that the empty weight referred to in
Federal Aviation Regulations part 23,
§ 23.25(b)(1) is replaced by the
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Issued in Kansas City, Missouri on April 9,
2008.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8–9863 Filed 5–2–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 155 and 156
[USCG–2001–9046]
RIN 1625–AB12
Tank Level or Pressure Monitoring
Devices on Single-Hull Tank Ships and
Single-Hull Tank Barges Carrying Oil
or Oil Residue as Cargo
AGENCY:
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Coast Guard, DHS.
05MYR1
24498
Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
II. Public Participation and Comment
Final rule; suspension of
regulations.
ACTION:
The Coast Guard is
suspending for three additional years,
until 2011, the regulations in Title 33
Code of Federal Regulations parts 155
and 156 for tank level or pressure
monitoring devices on single-hull tank
ships and single-hull tank barges
carrying oil or oil residue as cargo. This
action is required as there are currently
no devices on the market that can meet
the requirements of the regulation.
DATES: This rule is effective June 4,
2008.
SUMMARY:
If
you have questions on this rule, contact
Ms. Dolores Pyne-Mercier, Systems
Engineering Division (CG–5213), Coast
Guard, telephone 202–372–1381 or
e-mail Dolores.J.Pyne-Mercier@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202–493–
0402.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Table of Contents
I. Table of Abbreviations
II. Public Participation and Comment
III. Background and Purpose
IV. Discussion of Comments
V. Regulatory Evaluation
A. Administrative Procedure Act
B. Executive Order 12866
C. Small Entities
D. Assistance for Small Entities
E. Collection of Information
F. Federalism
G. Unfunded Mandates Reform Act
H. Taking of Private Property
I. Civil Justice Reform
J. Protection of Children
K. Indian Tribal Governments
L. Energy Effects
M. Technical Standards
N. Environment
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I. Table of Abbreviations
APA Administrative Procedure Act
CFR Code of Federal Regulations
DHS Department of Homeland
Security
FR Federal Register
NEPA National Environmental Policy
Act of 1969
NTTAA National Technology Transfer
and Advancement Act
OMB Office of Management and
Budget
OPA 90 Oil Pollution Act of 1990
TLPM Tank Level or Pressure
Monitoring
U.S. United States
U.S.C. United States Code
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The Coast Guard did not seek public
comment on this final rule as it extends
for three additional years, until 2011, a
suspension currently in place that has
already undergone public comment. We
respond to the comments previously
received in the Discussion of Comments
section of this final rule. We do not plan
to hold public meetings for this final
rule.
III. Background and Purpose
On July 20, 2005, the Coast Guard
published a final rule and request for
comments suspending for three years
(until July 21, 2008) the regulations in
title 33 Code of Federal Regulations
(CFR) parts 155 and 156 requiring
installation of tank level or pressure
monitoring (TLPM) devices on singlehull tank vessels. 67 FR 58515. In that
final rule, we explained how Congress
amended the language of section 4110 of
Oil Pollution Act of 1990 (OPA 90)
through the Coast Guard and Maritime
Transportation Act of 2004, Public Law
108–293, August 9, 2004. Where the
original text of OPA 90 mandated
regulations for TLPM devices, the
amended language allowed the Coast
Guard discretion with respect to
requiring these devices. Congress also
directed the Coast Guard to study and
report on leak detection alternatives.
Thus, we suspended for three years the
regulations for TLPM devices so that we
could revisit those requirements after
conducting a study of potential
alternatives for detecting leaks from
single-hull tank vessels into the water.
We completed our study and
submitted our report to Congress, titled
‘‘Report to Congress on Costs and
Benefits of Alternatives to Tank Level or
Pressure Monitoring Devices,’’ in March
2006. A copy of this report is contained
in the docket, USCG–2001–9046. We
also notified the public of its availability
through a notice published in the
Federal Register on November 17, 2006.
71 FR 66960.
We noted in our report that no TLPM
devices meeting the performance
criteria established in the final rule had
been submitted to the Coast Guard for
approval, and concluded that no
manufacturers are likely to invest in
development of a TLPM device because
single-hull tank vessels are being
phased out under other OPA 90 statutes
and international agreements. All
single-hull tank vessels are scheduled to
be out of service by 2015. On the basis
of these conclusions and the cost and
benefit analyses from the original 2002
rulemaking, we decided to remove the
regulations for TLPM devices and
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reported a rulemaking for this purpose
in the Fall 2007 Semiannual Regulatory
Agenda. 72 FR 70066, December 10,
2007. The Agenda entry for that
rulemaking (RIN 1625–AB94) can be
found online at https://www.reginfo.gov.
As noted above, the current
suspension of the regulations on TLPM
devices expires July 21, 2008. 67 FR
58515, July 20, 2005. It is unlikely that
we will publish a final rule to remove
the regulations by that date. However,
immediate action is needed to avoid
burdening the tank vessel industry with
a requirement to install a piece of
shipboard equipment that does not
currently exist and putting the Coast
Guard in the difficult position of trying
to enforce such a regulation. Therefore,
in this final rule, we are extending the
suspension for three additional years
until 2011 to allow us time to seek
public comment on a proposal to
permanently remove the regulations on
TLPM devices from the CFR and, if
warranted, publish a final rule. We are
taking this action because it maintains
for us the flexibility to withdraw the
suspension if technology improves, a
manufacturer decides to pursue
approval of a qualifying TLPM device,
or the elements of our rationale to
suspend the regulations become invalid.
This action also allows us to seek public
comment on a proposal to permanently
remove the regulations for TLPM
devices.
IV. Discussion of Comments
We received two comments on our
July 20, 2005 final rule to suspend the
regulations for TLPM devices. Both
commenters strongly supported our
actions, and one of the commenters
recommended the Coast Guard take
steps to permanently remove the
regulations.
V. Regulatory Evaluation
We developed this final rule after
considering numerous statutes and
executive orders related to rulemaking.
We summarize our analysis in the
following paragraphs based on 13 of
these statutes or executive orders.
A. Administrative Procedure Act
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)).
This provision authorizes the agency to
issue a rule without notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ The agency finds that notice
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
entities in understanding this rule so
that they can better evaluate its effects
on them and participate in the
rulemaking. If the rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions,
please consult Ms. Dolores PyneMercier, Coast Guard Office of Design
and Engineering Standards, telephone
202–372–1381. We will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
B. Executive Order 12866
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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 has not reviewed it under that
Order. Extending this suspension would
not impose any additional cost on the
public.
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.
C. 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.
This rule does not require a general
notice of proposed rulemaking and,
therefore, is exempt from the
requirements of the Regulatory
Flexibility Act. Although this rule is
exempt, we have reviewed it for
potential economic impact on small
entities and determined it is unlikely to
have any effect on small businesses
because extension of the suspension
will not impose any costs on the public.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule
will not have a significant economic
impact on a substantial number of small
entities.
rfrederick on PROD1PC67 with RULES
and public comment to this interim
final rule is contrary to the public
interest. There is no reason to engage in
public notice and comment processes to
extend this suspension given that there
are no TLPM devices that can satisfy the
current requirements.
Engaging in a long process of public
notice and comment would also be an
impracticable use of scarce agency
resources, as there are currently no
approved TLPM devices available and
therefore no alternatives to extending
the suspension. Letting the existing
suspension expire while we seek public
comment on permanently removing the
TLPM device requirement would place
an unattainable requirement on vessel
owners and operators to purchase and
install shipboard equipment that does
not exist.
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.
D. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L.104–121),
the Coast Guard wants to assist small
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
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14:39 May 02, 2008
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E. 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).
F. Federalism
G. Unfunded Mandates Reform Act
H. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
I. 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.
J. Protection of Children
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24499
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
K. 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.
L. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. This rule does not
affect energy supply, distribution, or
use. The Administrator of the Office of
Information and Regulatory Affairs has
designated this rule as a non-significant
regulatory action and it does not require
a Statement of Energy Effects under
Executive Order 13211.
M. Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not
require the use of voluntary consensus
standards.
N. Environment
The Coast Guard has analyzed this
rule under Commandant Instruction
M16475.1D, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have concluded that this action is not
likely to have a significant effect on the
human environment and that there are
no factors in this case that would limit
the use of a categorical exclusion under
section 2.B.2 of the Instruction.
Therefore, we believe this rule should
be categorically excluded from further
environmental documentation under
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Federal Register / Vol. 73, No. 87 / Monday, May 5, 2008 / Rules and Regulations
Dated: March 31, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security and
Stewardship.
[FR Doc. E8–9812 Filed 5–2–08; 8:45 am]
Figure 2–1, paragraph (34) (d) of the
Instruction. This rule involves the
equipping of vessels. An
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
BILLING CODE 4910–15–P
List of Subjects
ENVIRONMENTAL PROTECTION
AGENCY
33 CFR Part 155
Alaska, Hazardous substances, Oil
pollution, Reporting and recordkeeping
requirements.
33 CFR Part 156
Hazardous substances, Oil pollution,
Reporting and recordkeeping
requirements, Water pollution control.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR parts 155 and 156 as follows:
I
PART 155—OIL OR HAZARDOUS
MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
[EPA–R04–OAR–2008–0116–200807a; FRL–
8560–3]
Approval and Promulgation of
Implementation Plans; Georgia:
Enhanced Inspection and Maintenance
Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Authority: 33 U.S.C. 1231, 1321(j); 46
U.S.C. 3703a, 3715; E.O. 11735, 3 CFR 1971–
1975 Comp., p. 793. Section 156.120(bb) and
(ee) are also issued under 46 U.S.C. 3703.
SUMMARY: EPA is approving revisions to
the Georgia State Implementation Plan
(SIP), submitted by the Georgia
Department of Natural Resources (GA
DNR), through the Georgia
Environmental Protection Division (GA
EPD), on December 28, 2007. The
revisions include minor changes to
Georgia’s Air Quality Rules found at
Chapter 391–3–20–.17, pertaining to
rules for Enhanced Inspection and
Maintenance (I/M). Enhanced I/M was
required for 1-hour ozone
nonattainment areas classified as
serious and above, under the Clean Air
Act (CAA). The enhanced I/M program
is not a required measure for Atlanta for
the 8-hour ozone standard pursuant to
the CAA because the area is classified
as a moderate nonattainment area (73
FR 12013). However, the enhanced I/M
program was approved into the SIP for
the 1-hour ozone standard and will
remain in the SIP until such time that
the State removes the requirement. To
remove the requirement from the SIP,
the State would have to make a
demonstration that removal of this
program would not interfere with or
delay attainment, consistent with
section 110(1) of the CAA. The I/M
program is a way to ensure that vehicles
are maintained properly and verify that
the emission control system is operating
correctly, in order to reduce vehiclerelated emissions. This action is being
taken pursuant to section 110 of the
CAA.
§ 156.120
DATES:
1. The authority citation for 33 CFR
part 155 and the note following citation
continue to read as follows:
I
Authority: 33 U.S.C. 1231, 1321(j); E.O.
11735, 3 CFR, 1971–1975 Comp., p. 793.
Sections 155.100 through 155.130, 150.350
through 155.400, 155.430, 155.440, 155.470,
155.1030(j) and (k), and 155.1065(g) are also
issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are
also issued under 46 U.S.C. 3703. Section
155.490 also issued under section 4110(b) of
Pub. L. 101–380. Note: Additional
requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR
Parts 30 through 40, 150, 151, and 153.
§ 155.200
[Amended]
2. In § 155.200, suspend the definition
for ‘‘Sea State 5’’ from June 4, 2008 until
June 6, 2011.
I
§ 155.490
[Suspended]
3. Suspend § 155.490 from June 4,
2008 until June 6, 2011.
I
PART 156—OIL AND HAZARDOUS
MATERIAL TRANSFER OPERATIONS
4. The authority citation for 33 CFR
part 156 continues to read as follows:
I
rfrederick on PROD1PC67 with RULES
40 CFR Part 52
[Amended]
5. In § 156.120, suspend paragraph
(ee) from June 4, 2008 until June 6,
2011.
I
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This direct final rule is effective
July 7, 2008 without further notice,
unless EPA receives adverse comment
by June 4, 2008. If adverse comment is
received, EPA will publish a timely
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withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number, ‘‘EPA–
R04–OAR–2008–0116,’’ by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0116,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID Number, ‘‘EPA–R04–OAR–
2008–0116.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
E:\FR\FM\05MYR1.SGM
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Agencies
[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Rules and Regulations]
[Pages 24497-24500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9812]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 155 and 156
[USCG-2001-9046]
RIN 1625-AB12
Tank Level or Pressure Monitoring Devices on Single-Hull Tank
Ships and Single-Hull Tank Barges Carrying Oil or Oil Residue as Cargo
AGENCY: Coast Guard, DHS.
[[Page 24498]]
ACTION: Final rule; suspension of regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is suspending for three additional years,
until 2011, the regulations in Title 33 Code of Federal Regulations
parts 155 and 156 for tank level or pressure monitoring devices on
single-hull tank ships and single-hull tank barges carrying oil or oil
residue as cargo. This action is required as there are currently no
devices on the market that can meet the requirements of the regulation.
DATES: This rule is effective June 4, 2008.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Ms. Dolores Pyne-Mercier, Systems Engineering Division (CG-
5213), Coast Guard, telephone 202-372-1381 or e-mail Dolores.J.Pyne-Mercier@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Table of Abbreviations
II. Public Participation and Comment
III. Background and Purpose
IV. Discussion of Comments
V. Regulatory Evaluation
A. Administrative Procedure Act
B. Executive Order 12866
C. Small Entities
D. Assistance for Small Entities
E. Collection of Information
F. Federalism
G. Unfunded Mandates Reform Act
H. Taking of Private Property
I. Civil Justice Reform
J. Protection of Children
K. Indian Tribal Governments
L. Energy Effects
M. Technical Standards
N. Environment
I. Table of Abbreviations
APA Administrative Procedure Act
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NEPA National Environmental Policy Act of 1969
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
OPA 90 Oil Pollution Act of 1990
TLPM Tank Level or Pressure Monitoring
U.S. United States
U.S.C. United States Code
II. Public Participation and Comment
The Coast Guard did not seek public comment on this final rule as
it extends for three additional years, until 2011, a suspension
currently in place that has already undergone public comment. We
respond to the comments previously received in the Discussion of
Comments section of this final rule. We do not plan to hold public
meetings for this final rule.
III. Background and Purpose
On July 20, 2005, the Coast Guard published a final rule and
request for comments suspending for three years (until July 21, 2008)
the regulations in title 33 Code of Federal Regulations (CFR) parts 155
and 156 requiring installation of tank level or pressure monitoring
(TLPM) devices on single-hull tank vessels. 67 FR 58515. In that final
rule, we explained how Congress amended the language of section 4110 of
Oil Pollution Act of 1990 (OPA 90) through the Coast Guard and Maritime
Transportation Act of 2004, Public Law 108-293, August 9, 2004. Where
the original text of OPA 90 mandated regulations for TLPM devices, the
amended language allowed the Coast Guard discretion with respect to
requiring these devices. Congress also directed the Coast Guard to
study and report on leak detection alternatives. Thus, we suspended for
three years the regulations for TLPM devices so that we could revisit
those requirements after conducting a study of potential alternatives
for detecting leaks from single-hull tank vessels into the water.
We completed our study and submitted our report to Congress, titled
``Report to Congress on Costs and Benefits of Alternatives to Tank
Level or Pressure Monitoring Devices,'' in March 2006. A copy of this
report is contained in the docket, USCG-2001-9046. We also notified the
public of its availability through a notice published in the Federal
Register on November 17, 2006. 71 FR 66960.
We noted in our report that no TLPM devices meeting the performance
criteria established in the final rule had been submitted to the Coast
Guard for approval, and concluded that no manufacturers are likely to
invest in development of a TLPM device because single-hull tank vessels
are being phased out under other OPA 90 statutes and international
agreements. All single-hull tank vessels are scheduled to be out of
service by 2015. On the basis of these conclusions and the cost and
benefit analyses from the original 2002 rulemaking, we decided to
remove the regulations for TLPM devices and reported a rulemaking for
this purpose in the Fall 2007 Semiannual Regulatory Agenda. 72 FR
70066, December 10, 2007. The Agenda entry for that rulemaking (RIN
1625-AB94) can be found online at https://www.reginfo.gov.
As noted above, the current suspension of the regulations on TLPM
devices expires July 21, 2008. 67 FR 58515, July 20, 2005. It is
unlikely that we will publish a final rule to remove the regulations by
that date. However, immediate action is needed to avoid burdening the
tank vessel industry with a requirement to install a piece of shipboard
equipment that does not currently exist and putting the Coast Guard in
the difficult position of trying to enforce such a regulation.
Therefore, in this final rule, we are extending the suspension for
three additional years until 2011 to allow us time to seek public
comment on a proposal to permanently remove the regulations on TLPM
devices from the CFR and, if warranted, publish a final rule. We are
taking this action because it maintains for us the flexibility to
withdraw the suspension if technology improves, a manufacturer decides
to pursue approval of a qualifying TLPM device, or the elements of our
rationale to suspend the regulations become invalid. This action also
allows us to seek public comment on a proposal to permanently remove
the regulations for TLPM devices.
IV. Discussion of Comments
We received two comments on our July 20, 2005 final rule to suspend
the regulations for TLPM devices. Both commenters strongly supported
our actions, and one of the commenters recommended the Coast Guard take
steps to permanently remove the regulations.
V. Regulatory Evaluation
We developed this final rule after considering numerous statutes
and executive orders related to rulemaking. We summarize our analysis
in the following paragraphs based on 13 of these statutes or executive
orders.
A. Administrative Procedure Act
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes the
agency to issue a rule without notice and opportunity to comment when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
agency finds that notice
[[Page 24499]]
and public comment to this interim final rule is contrary to the public
interest. There is no reason to engage in public notice and comment
processes to extend this suspension given that there are no TLPM
devices that can satisfy the current requirements.
Engaging in a long process of public notice and comment would also
be an impracticable use of scarce agency resources, as there are
currently no approved TLPM devices available and therefore no
alternatives to extending the suspension. Letting the existing
suspension expire while we seek public comment on permanently removing
the TLPM device requirement would place an unattainable requirement on
vessel owners and operators to purchase and install shipboard equipment
that does not exist.
B. Executive Order 12866
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 has not reviewed it under that Order.
Extending this suspension would not impose any additional cost on the
public.
C. 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.
This rule does not require a general notice of proposed rulemaking
and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act. Although this rule is exempt, we have reviewed it for
potential economic impact on small entities and determined it is
unlikely to have any effect on small businesses because extension of
the suspension will not impose any costs on the public.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
D. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L.104-121), the Coast Guard wants to assist
small entities in understanding this rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions, please
consult Ms. Dolores Pyne-Mercier, Coast Guard Office of Design and
Engineering Standards, telephone 202-372-1381. We will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
E. 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).
F. 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.
G. 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.
H. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
I. 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.
J. 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.
K. 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.
L. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. This rule does not affect energy supply,
distribution, or use. The Administrator of the Office of Information
and Regulatory Affairs has designated this rule as a non-significant
regulatory action and it does not require a Statement of Energy Effects
under Executive Order 13211.
M. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This rule does not require the use of voluntary
consensus standards.
N. Environment
The Coast Guard has analyzed this rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). We have
concluded that this action is not likely to have a significant effect
on the human environment and that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe this rule should be
categorically excluded from further environmental documentation under
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Figure 2-1, paragraph (34) (d) of the Instruction. This rule involves
the equipping of vessels. An ``Environmental Analysis Check List'' and
a ``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects
33 CFR Part 155
Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 156
Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.
0
For the reasons discussed in the preamble, the Coast Guard is amending
33 CFR parts 155 and 156 as follows:
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
0
1. The authority citation for 33 CFR part 155 and the note following
citation continue to read as follows:
Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793. Sections 155.100 through 155.130, 150.350 through
155.400, 155.430, 155.440, 155.470, 155.1030(j) and (k), and
155.1065(g) are also issued under 33 U.S.C. 1903(b). Sections
155.480, 155.490, 155.750(e), and 155.775 are also issued under 46
U.S.C. 3703. Section 155.490 also issued under section 4110(b) of
Pub. L. 101-380. Note: Additional requirements for vessels carrying
oil or hazardous materials are contained in 46 CFR Parts 30 through
40, 150, 151, and 153.
Sec. 155.200 [Amended]
0
2. In Sec. 155.200, suspend the definition for ``Sea State 5'' from
June 4, 2008 until June 6, 2011.
Sec. 155.490 [Suspended]
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3. Suspend Sec. 155.490 from June 4, 2008 until June 6, 2011.
PART 156--OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS
0
4. The authority citation for 33 CFR part 156 continues to read as
follows:
Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3703a, 3715; E.O.
11735, 3 CFR 1971-1975 Comp., p. 793. Section 156.120(bb) and (ee)
are also issued under 46 U.S.C. 3703.
Sec. 156.120 [Amended]
0
5. In Sec. 156.120, suspend paragraph (ee) from June 4, 2008 until
June 6, 2011.
Dated: March 31, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Stewardship.
[FR Doc. E8-9812 Filed 5-2-08; 8:45 am]
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