Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes, 14327-14338 [2012-5551]
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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules
This action does not involve technical
standards. Therefore, the EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. Further, this action
only adds compounds to Table 2A of the
aerosol coatings rule, and makes several
clarifying edits.
List of Subjects in 40 CFR Part 59
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: March 1, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012–5647 Filed 3–8–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 98
[Docket No. USCG–2011–0088]
RIN 1625–AB63
sroberts on DSK5SPTVN1PROD with PROPOSALS
Bulk Packaging To Allow for Transfer
of Hazardous Liquid Cargoes
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its regulations concerning the
transfer of hazardous materials to and
from portable tanks on vessels. The
Coast Guard proposes to expand the list
SUMMARY:
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of portable tanks approved for
hazardous material transfers to include
IMO Type 1 and IMO Type 2 portable
tanks, UN portable tanks, and
Intermediate Bulk Containers. In
addition, the Coast Guard proposes to
expand the list of allowed hazardous
materials. The proposed amendments
would provide greater flexibility in the
selection and use of portable tanks and
would allow for the transport of
additional hazardous materials. The
proposed effect would be to eliminate
the need to obtain special permits or
Competent Authority Approvals to use
IMO Type 1 or IMO Type 2 portable
tanks, UN portable tanks, or
Intermediate Bulk Containers, or to
transport hazardous materials not on the
list.
DATES: Comments and related material
must be submitted on or before May 8,
2012. Comments sent to the Office of
Management and Budget (OMB) on
collection of information must reach
OMB on or before May 8, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0088 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand Delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Collection of Information Comments:
If you have comments on the collection
of information discussed in section VI.D
of this NPRM, you must also send
comments to the Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget. To ensure that
your comments to OIRA are received on
time, the preferred methods are by email
to oira_submission@omb.eop.gov
(include the docket number and
‘‘Attention: Desk Officer for Coast
Guard, DHS’’ in the subject line of the
email) or fax at 202–395–6566. An
alternate, though slower, method is by
U.S. mail to the Office of Information
and Regulatory Affairs, Office of
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Management and Budget, 725 17th
Street NW., Washington, DC 20503,
Attn: Desk Officer, U.S. Coast Guard.
Viewing incorporation by reference
material: You may inspect the material
proposed for incorporation by reference
at U.S. Coast Guard Headquarters, 2100
Second Street SW., Washington, DC
20593–0001 between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
372–1419. Copies of the material are
available as indicated in the
‘‘Incorporation by Reference’’ section of
this preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Lieutenant Elizabeth
Newton, Office of Hazardous Material
Standards, Coast Guard; telephone 202–
372–1419, email
Elizabeth.J.Newton@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
A. Subpart 98.30—Portable Tanks and
Intermediate Bulk Containers
B. Subpart 98.33—Portable Tanks and IBCs
for Certain Grade E Combustible Liquids
and Other Regulated Materials
V. Incorporation by Reference
VI. Regulatory Analyses
A. Executive Order 12866 and Executive
Order 13563
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0088),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0088’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope.
We will consider all comments and
material received during the comment
period and may change this proposed
rule based on your comments.
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B. Viewing Comments and Documents
To view comments as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box type ‘‘USCG–2011–
0088’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
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signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the docket using one of the
methods specified under ADDRESSES. In
your request, explain why you believe a
public meeting would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
II. Abbreviations
AAHMS Associate Administrator for
Hazardous Materials Safety
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOT Department of Transportation
FR Federal Register
HMR Hazardous Materials Regulations; 49
CFR Parts 171–180
IBC Intermediate Bulk Container
IM Intermodal
IMDG International Maritime Dangerous
Goods (code)
IMO International Maritime Organization
MPT Marine Portable Tank
NLS Noxious Liquid Substance
N.O.S. Not otherwise specified
OSV Offshore supply vessel
PHMSA Pipeline and Hazardous Materials
Safety Administration
§ Section symbol
UN United Nations
U.S.C. United States Code
III. Background
The Coast Guard proposes to amend
46 CFR subparts 98.30 and 98.33, which
contain regulations concerning the
transfer of hazardous materials to and
from portable tanks on vessels. Portable
tanks are primarily used by offshore
supply vessels (OSVs) to transport
hazardous materials to and from
offshore platforms involved in the
exploration and production of oil and
natural gas.
In a 1990 rulemaking titled ‘‘Portable
Tanks for the Transportation of Bulk
Hazardous Materials by Vessel’’ (55 FR
37406), the Coast Guard allowed the use
of Intermodal (IM) 101 and IM 102
portable tanks for the transfer of
hazardous materials. The specifications
for these tanks can be found in the
Department of Transportation’s (DOT)
Pipeline and Hazardous Materials Safety
Administration (PHMSA) regulations at
49 CFR parts 171–180, referred to as the
Hazardous Materials Regulations
(HMR).
Since the Coast Guard’s 1990
rulemaking, PHMSA has aligned its
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HMR regulations to incorporate changes
made to the International Maritime
Organization’s (IMO) International
Maritime Dangerous Goods Code 1
(IMDG Code) for the construction and
use of portable tanks. The IMDG Code
applies to all vessels, including U.S.
vessels, on international voyages. The
portable tanks constructed to IMDG
Code requirements are known as ‘‘UN
portable tanks,’’ and include IMO Type
1 and IMO Type 2 portable tanks. As of
January 1, 2003, the IMDG Code
requires all newly manufactured
portable tanks to be designed,
constructed, and approved in
conformance with the requirements of
UN portable tanks.
Portable tank manufacturers reacting
to the harmonization of PHMSA’s HMR
regulations with the IMDG Code, which
includes the requirement that all
portable tanks be UN portable tanks, are
no longer manufacturing IM 101 and IM
102 portable tanks. As a result, we are
initiating this rulemaking to harmonize
Coast Guard regulations at 46 CFR
subparts 98.30 and 98.33 with PHMSA’s
HMR regulations and international
standards for vessels operating
domestically by allowing UN portable
tanks to be used in transporting
hazardous materials.
We are also initiating this rulemaking
in response to a suggestion from
industry that the Coast Guard allow
Intermediate Bulk Containers (IBCs) to
be used to transport hazardous
materials. The Coast Guard is proposing
to amend the applicability sections in
46 CFR subparts 98.30 and 98.33 to
allow the use of IBCs in transporting
hazardous materials on board vessels,
but with specific restrictions as to what
types of IBCs could be used to ensure
safety.
The Coast Guard would allow existing
IM 101 and IM 102 portable tanks at 46
CFR subparts 98.30 and 98.33 to
continue to be used for the lifetime of
the tank provided that they continue to
meet periodic test and inspection
requirements. By allowing the use of
IMO Type 1 and IMO Type 2 portable
tanks, UN portable tanks, and IBCs, we
are eliminating the need for vessel
owners to apply to PHMSA’s Associate
Administrator for Hazardous Materials
Safety (AAHMS) for a special permit or
a Competent Authority Approval to use
these tanks.
The intended effect of these proposed
changes would provide industry with
additional options for the selection of
portable tanks or IBCs that could be
1 See IMDG Code, 2010 Edition, Incorporating
Amendment 35–10, Chapter 4.2, Section 4.2.0.1.
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used for transfers of hazardous materials
between cargo tanks and portable tanks.
In this rulemaking, the Coast Guard is
also proposing to amend the list of
hazardous materials currently approved
for transport in portable tanks in 46 CFR
subpart 98–30. Currently, shippers
wishing to transport a product not on
this list must apply to PHMSA’s
AAHMS for a special permit or
Competent Authority Approval. By
expanding the list of authorized
hazardous materials, the Coast Guard
would eliminate the need for prior
individual authorization before these
additional hazardous materials could be
transported in a portable tank or IBC.
IV. Discussion of Proposed Rule
The Coast Guard proposes to amend
the titles of subparts 98.30 and 98.33 to
include IBCs and read ‘‘Subpart 98.30—
Portable Tanks and Intermediate Bulk
Containers’’ and ‘‘Subpart 98.33—
Portable Tanks and Intermediate Bulk
Containers for Certain Grade E
Combustible Liquids and Other
Regulated Materials.’’
The Coast Guard also proposes to
make conforming changes throughout
subparts 98.30 and 98.33 to include
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IBCs in each instance that the current
regulations mention portable tanks. See
proposed amended §§ 98.30–9, 98.30–
10, 98.30–11, 98.30–12, 98.30–14,
98.30–17, 98.30–19, 98.30–21, 98.30–23,
98.30–25, 98.30–29, 98.30–31, 98.30–33,
98.30–35, 98.33–3, 98.33–7, 98.33–9,
98.33–11, 98.33–13, and 98.33–15.
A. Subpart 98.30—Portable Tanks and
Intermediate Bulk Containers
The Coast Guard proposes to
redesignate current sections in subpart
98.30 to make room for new proposed
sections, as noted in the chart below.
Original section heading and number
Redesignated section heading and number
Section 98.30–2: Definitions .....................................................................
Section 98.30–3: Vessels carrying MPTs ................................................
Section 98.30–4: Vessels carrying portable tanks other than MPTs .......
Section 98.30–5: Materials authorized for transfer to and from a portable tank.
Section 98.30–6: Lifting a portable tank ..................................................
Section 98.30–7: Smoking .......................................................................
Section 98.30–8: Gaskets and lining .......................................................
Section 98.30–9: Stowage of portable tanks ...........................................
Section 98.30–10: Pipe connections, and filling and discharge openings
Section 98.30–3: Definitions.
Section 98.30–4: Vessels carrying MPTs.
Section 98.30–5: Vessels carrying portable tanks other than MPTs.
Section 98.30–7: Materials authorized for transfer to and from a portable tank.
Section 98.30–9: Lifting a portable tank or IBC.
Section 98.30–10: Smoking.
Section 98.30–11: Gaskets and lining.
Section 98.30–12: Stowage of portable tanks and IBCs.
Section 98.30–13: Pipe connections, and filling and discharge openings.
Section 98.30–14: Cargo pumps.
Section 98.30–15: Ground connection.
Section 98.30–16: Requirements for ships carrying NLSs in portable
tanks and IBCs.
Section 98.30–17: Leakage containment.
Section 98.30–18: Qualifications of person in charge.
Section 98.30–11: Cargo pumps ..............................................................
Section 98.30–13: Ground connection .....................................................
Section 98.30–14: Requirements for ships carrying NLSs in portable
tanks.
Section 98.30–15: Leakage containment .................................................
Section 98.30–17: Qualifications of person in charge .............................
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Sec. 98.30–1: Applicability
This section would be amended to
allow the use of IMO Type 1 and IMO
Type 2 portable tanks, UN portable
tanks, and IBCs for use in transferring
hazardous materials on board vessels.
This section would also be amended to
delete reference to ‘‘liquid’’ from the
term ‘‘hazardous materials’’ to be
consistent with how the term is used
elsewhere in subpart 98.30.
In addition, this section would be
amended to eliminate the restriction of
transporting ‘‘liquefied gas’’ in a
portable tank because the Coast Guard
proposes in 49 CFR 98.30–7 to allow the
transport of ‘‘liquid nitrogen.’’
This section would also be amended
to update the reference for PHMSA,
which was formerly known as the
Research and Special Programs
Administration, and to clarify that these
rules would be applicable to portable
tanks authorized for use under a special
permit or Competent Authority
Approval issued by PHMSA’s AAHMS
in accordance with 49 CFR part 107,
subpart H.
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Sec. 98.30–2: Incorporation by
Reference
This new section would be added to
incorporate by reference the IMDG
Code. The material proposed for
incorporation by reference appears in 46
CFR 98.30–3 and 98.30–5. The IMDG
Code identifies the characteristics of the
newly approved UN portable tanks and
allows for the older tanks approved
prior to January 1, 2003, to continue to
be used provided that they are found to
meet the periodic inspections and test
provisions. The harmonization of the
Coast Guard regulations with the IMDG
Code would ensure that U.S.-flagged
vessels continue to be in compliance, if
and when older tanks do not pass
periodic inspections and test provisions
and need to be replaced with the newly
approved UN portable tanks.
Sec. 98.30–3: Definitions
Proposed redesignated § 98.30–3
would be amended to add three new
terms to define the types of tanks that
can be used in accordance with 46 CFR
98.30–1. These definitions are ‘‘IMO
Type 1 portable tank and IMO Type 2
portable tank,’’ ‘‘UN portable tank,’’ and
‘‘IBC’’. Also, the definition of ‘‘IM 101
portable tank and IM 102 portable tank’’
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would be revised to describe tanks that
were manufactured on or before January
1, 2003. As discussed above, IM 101 and
IM 102 portable tanks are no longer
constructed. However, IM 101 and IM
102 portable tanks that were
manufactured and approved by PHMSA
before January 1, 2003, may continue to
be used for the lifetime of the tank.
These tanks provide a level of safety
equivalent to other portable tanks and
are safe to use as long as they meet the
requirements for continued use under
the HMR at 49 CFR 173.32.
Sec. 98.30–5: Vessels Carrying Portable
Tanks Other Than MPTs
This section would be amended to
allow the carriage of IMO Type 1 and
IMO Type 2 portable tanks and UN
portable tanks on board a vessel for use
in the transfer of certain hazardous
materials. Hazardous materials are
authorized, in accordance with 49 CFR
173.32, to be transferred to a portable
tank only if the portable tank is
authorized to carry the hazardous
material in accordance with the HMR or
under the terms of a special permit or
Competent Authority Approval issued
by PHMSA’s AAHMS.
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Existing IM 101 and IM 102 portable
tanks provide a level of safety
equivalent to other portable tanks
authorized for the transfer of hazardous
materials and can be used, provided
these tanks meet certain periodic test
and inspection requirements in
accordance with the HMR at 49 CFR
part 180, subpart G.
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Sec. 98.30–6: Vessels Carrying IBCs
This section would be added to
describe the types of IBCs the Coast
Guard would allow for the carriage of
certain hazardous materials on board a
vessel, and to make clear the
requirements the IBCs would have to
meet to gain approval from the Coast
Guard. We would allow the use of an
IBC only if the IBC is equivalent to, or
greater in standards than, an authorized
IMO Type 1 or IMO Type 2 portable
tank, or a UN portable tank.
Sec. 98.30–7: Materials Authorized for
Transfer To and From a Portable Tank
This section would be amended to
replace the term ‘‘ORM–E’’ with the
terms ‘‘hazardous substance’’ and
‘‘hazardous waste’’ as described in 49
CFR 171.8. The term ‘‘ORM–E’’ is
outdated and is no longer used by
PHMSA.
This section would be amended to
allow the use of IMO Type 1 and IMO
Type 2 portable tanks and UN portable
tanks for the transfer of materials
permitted under this section, and to
clarify that a portable tank authorized in
this section can serve as a substitute for
another portable tank that meets the
requirements of the HMR at 49 CFR
173.32(b), and vice-versa. We propose
making this change to align our
regulations with the HMR, which allows
for substitutions of portable tanks.
This section would also be amended
to update the citation to Table ‘‘Certain
Hazardous Materials Authorized for
Transfer To and From Portable Tanks’’
to reflect the redesignation of this
section from § 98.30–5 to § 98.30–7.
This section would also be amended to
expand the list of hazardous materials
that are eligible for transfer to and from
portable tanks because these materials
have been previously authorized for
such transfers by the Coast Guard on an
individual basis in accordance with
proposed redesignated § 98.30–7(a)(5).
We propose to add the following
hazardous materials to Table 98.30–7(a):
(1) Liquid Nitrogen, (2) Mixtures of
hydrochloric acid and hydrofluoric acid
containing not more than 24%
hydrochloric acid or 6% hydrofluoric
acid, and (3) corrosive liquid, toxic,
N.O.S. (mixtures of hydrochloric acid,
hydrofluoric acid, and fluoboric acid),
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UN 2922, packing group II, containing
not more than 11% hydrofluoric acid.
We are adding these materials because
we believe these materials are safe to
transport within the guidelines set by 46
CFR subpart 98.30 based on previous
written authorizations of approval for
these materials.
Sec. 98.30–8: Materials Authorized for
Transfer to and From an IBC
The addition of this section would be
used to identify materials that are
authorized for transfer to and from an
IBC. We propose to allow the use of
hazardous materials listed in Table
98.30–7(a) for transfer to and from an
IBC with the exception of Liquid
Nitrogen. Liquid Nitrogen cannot be
properly stored or monitored in an IBC
because of its design characteristics;
therefore, we deem it unsafe to transport
Liquid Nitrogen on an IBC.
Sec. 98.30–12: Stowage of Portable
Tanks and IBCs
This section would be amended to
clarify that IBCs must be secured in
accordance with the HMR at 49 CFR
176.74.
Sec. 98.30–13: Pipe Connections, and
Filling and Discharge Openings
This section would be amended to
take into account the addition of IMO
Type 1 and IMO Type 2 portable tanks,
UN portable tanks, and IBCs as specified
in 49 CFR 178.705. This section is also
amended to restrict the use of
manifolds, which are chambers or
systems of pipes having several outlets
in which a liquid or gas can be gathered
or from which a liquid or gas can be
distributed. Manifolds would be
prohibited because the use of a manifold
is a manual operation and the
emergency shutoff during the transfer to
and from a portable tank or IBC should
be automatic. This would minimize the
loss of hazardous materials in the event
of an emergency, thereby reducing risk
to health and environment.
Sec. 98.30–16: Requirements for Ships
Carrying NLSs in Portable Tanks and
IBCs
This section would be amended to
clarify that IBCs used to transport
noxious liquid substances (NLS) must
meet the requirements set forth in 46
CFR 125.120.
B. Subpart 98.33—Portable Tanks and
IBCs for Certain Grade E Combustible
Liquids and Other Regulated Materials
Sec. 98.33–1: Applicability
This section would be amended to
clarify that the Coast Guard would allow
the transfer of certain low-hazard
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materials to and from DOT-specification
57 portable tanks constructed on or
before October 1, 1996 or UN portable
tanks. In addition, this section would be
amended to update regulations now
found at 49 CFR 173.32 in the HMR that
pertain to the requirements for the use
of portable tanks. This section would
also be amended to add a citation
reference to our regulations at 46 CFR
98.30–3(d), which pertain to the
requirements for UN portable tanks.
This section would also be amended
to allow the transfer of certain lowhazard materials to and from limited
IBCs as described in 46 CFR 98.30–6.
Sec. 98.33–5: Portable Tanks and IBCs
Authorized
Paragraph (b) is proposed to specify
that for cargoes authorized in 46 CFR
98.33–3 to be transferred to and from
IBCs, the IBCs must first meet the tank
specifications outlined in 46 CFR 98.30–
5.
V. Incorporation by Reference
Material proposed for incorporation
by reference appears in § 98.30–2. You
may inspect this material at U.S. Coast
Guard Headquarters where indicated
under ADDRESSES. Copies of the material
are available from the sources listed in
§ 98.30–2.
Before publishing a binding rule, we
would submit this material to the
Director of the Federal Register for
approval of the incorporation by
reference.
VI. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 14 of these statutes or
executive orders.
A. Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This NPRM
has not been designated a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly,
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the NPRM has not been reviewed by the
Office of Management and Budget. A
draft regulatory assessment follows:
This proposed rule would expand the
list of portable tanks approved for
hazardous material transfers to include
UN portable tanks, including IMO Type
1 and IMO Type 2 portable tanks, and
IBCs. It would also expand the list of
allowed hazardous materials. Please
14331
reference Table IV.A.1 below for a
summary of our analysis.
TABLE IV.A.1—SUMMARY OF AFFECTED POPULATION, COST SAVINGS, AND BENEFITS
Category
Estimate
Affected Population ..................................................................................
Cost Savings (7% discount over 10-year period) ....................................
402 owners and operators of 1,334 OSVs.
$55,467.
• Efficiency gains to industry by increasing the number of pre-approved types of portable tanks and expanding the list of pre-approved hazardous materials they can transport.
• Reduces regulatory burden to industry and government by reducing
the number of special permits or Competent Authority Approvals to
be processed and harmonizing the Coast Guard regulations with
PHMSA’s HMR regulations.
Benefits .....................................................................................................
Note: There are only cost savings associated with this rulemaking.
Affected Population
The total number of affected vessels is
the 1,334 U.S.-flagged OSVs subject to
46 CFR subchapters I, L, or T. Table
IV.A.2 presents the count of OSVs by
subchapter.
TABLE IV.A.2—AFFECTED OSVS BY SUBCHAPTER
Subchapter
code
Subchapter description
I ...................
L ..................
T ..................
Cargo and Miscellaneous Vessels .............................................................................................................................
Offshore Supply Vessels ...........................................................................................................................................
Small Passenger Vessels (Under 100 Gross Tons) ..................................................................................................
532
529
273
Total .....
....................................................................................................................................................................................
1,334
sroberts on DSK5SPTVN1PROD with PROPOSALS
We estimate that there are
approximately 86,100 2 portable tanks
and IBCs in the United States available
for use by all modes of transportation,
based on information from the
Department of Transportation (DOT),
Information Collection Request (ICR)
(OMB Control No. 2137–0018),
Inspection and Testing of Portable
Tanks and Intermediate Bulk
Containers. This ICR also reports that
there are approximately 8,770 entities
that handle these 86,100 portable tanks
at an average of 9.8 tanks per entity
(86,100 tanks/8,770 reporting entities).
Within the maritime mode, portable
tanks and IBCs are used by OSVs to
transport hazardous materials to and
from offshore platforms involved in the
exploration and production of oil and
natural gas. We estimate that the 1,334
OSVs are owned by 402 companies.3
2 U.S. Department of Transportation: Inspection
and Testing of Portable Tanks and Intermediate
Bulk Containers (OMB: 2137–0018).
3 Of the 1,334 OSVs in the affected population,
MISLE reports ownership of 1,125, leaving 209
vessels with unidentified ownership (1,334–1,125).
The MISLE data for the 1,125 vessels with
ownership data shows that the average fleet size is
3.3 vessels per company. Applying that average
fleet size to the 209 vessels without ownership data
yields 63 companies (209/3.3). The estimated
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Count
Our estimates are based on the
number of portable tanks provided in
the aforementioned ICRs. For special
permits, the applicant only specifies the
mode, or multiple modes, of
transportation, such as motor vehicle,
rail, or cargo vessel, that will be
authorized by the permit. For maritimerelated permits, detail data of the
industry, vessel type, or vessel level is
not submitted. Therefore, we apply the
cross-industry average of 9.8 tanks per
entity, as described above, to estimate
the total number of portable tanks
subject to this rulemaking. With those
inputs, we estimate that approximately
15 percent of all the affected portable
tanks are used by OSV owners and
operators ((1,334 OSVs * 9.8 tanks per
OSV)/86,100).
We request comments specifically on
the accuracy of our estimate as well as
additional information that could
improve the estimated number of 9.8
tanks per OSV.
Current Industry Practice
The current Coast Guard-approved
portable tanks are Intermodal (IM) 101s
company population is 402 companies (339
identified + 63 imputed).
PO 00000
Frm 00025
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and 102s. As discussed in the
Background section in this NPRM,
portable tank manufacturers, reacting to
the harmonization of PHMSA’s HMR
regulations with international standards
established in 2003, are no longer
manufacturing IM 101 and IM 102
portable tanks. However, IM 101 and IM
102 portable tanks that were
manufactured and approved by PHMSA
before January 1, 2003, may continue to
be used in transportation. Under 49 CFR
part 180, subpart G, the IM 101 and IM
102 portable tanks must be inspected
every 2c years and the results of the
inspection must be recorded on a tag
attached to each tank. Portable tanks
that fail inspection must either be
repaired and pass a second inspection
or be removed from service. Over time,
the supply of approved IM 101 and IM
102 portable tanks will diminish as the
current stock either fails inspection or is
withdrawn from service because of loss
or damage. Owners of these tanks, who
want to maintain their level of activity
in the market, will need to replace their
old tanks with IMO Type 1 or IMO Type
2 portable tanks, UN portable tanks, or
IBCs, as IM 101 and IM 102 tanks will
no longer be available on the market.
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Federal Register / Vol. 77, No. 47 / Friday, March 9, 2012 / Proposed Rules
Under the current Coast Guard
regulations, owners wishing to replace a
lost IM 101 or IM 102 portable tank with
an IMO Type 1 or IMO Type 2 portable
tank, a UN portable tank, or an IBC must
apply to PHMSA’s AAHMS for a special
permit or Competent Authority
Approval.
Cost Savings
The Coast Guard analyzed the
economic impact of the proposed rule in
these three areas: (1) Expansion of the
list of allowed portable tanks, (2)
expansion of the list of allowed
hazardous materials, and (3) inspection
and tagging. The Coast Guard concluded
that the proposed rule would impose no
additional costs and would produce cost
savings. In the sections below we
present our analysis of these areas and
a summary of the analysis.
(1) Expansion of the List of Allowed
Portable Tanks
As presented earlier, in the absence of
the proposed rule, as IM 101 and IM 102
portable tanks are phased out, vessel
owners or operators would need to
obtain special permits or a Competent
Authority Approval in order to replace
them with IMO Type 1 or IMO Type 2
portable tanks, UN portable tanks, or
IBCs.
The DOT’s ICR for Inspection and
Testing of Portable Tanks and
Intermediate Bulk Containers (OMB
Control Number: 2137–0018) estimates
that 300 tanks are manufactured each
year that are on the list of portable tanks
approved by DOT for transport. This
proposed rule would approve the use of
these tanks for transfer of hazardous
materials to and from OSVs. Therefore,
we use this figure as the basis for
estimating the number of tanks that
would require special permits or
Competent Authority Approvals per
year. Applying the 15 percent share of
the population as calculated above,
yields an estimate of 45 portable tanks
and IBCs obtained annually by the OSV
industry. As stated above, each OSV
handles approximately 9.8 tanks.
Applying this to the annual number of
replacement tanks yields an average of
5 special permit or Competent Authority
Approval requests for unapproved
portable tanks by OSV per year (45
tanks/9.8 tanks per OSV).
We used a 10-year forecast for our
analysis. As the current rule has been in
effect since 2003, we assume that we
can project the annual estimate forward
for the entire 10-year period. Our
baseline then is 5 special permits or
Competent Authority Approval per year
for unapproved portable tanks for a total
of 50 over the forecast period.
In the absence of the proposed rule,
OSV owners would need to apply to
PHMSA’s AAHMS for a special permit
or Competent Authority Approval to use
an IMO Type 1 or IMO Type 2 portable
tank, UN portable tank, or IBC to replace
the lost IM 101 and IM 102 portable
tanks. PHMSA estimates that the cost to
industry to prepare the special permit or
Competent Authority Approval is
$1,010.4 By allowing this replacement
by rulemaking, instead of by special
permit or Competent Authority
Approval, the proposed regulation
would save industry $5,050 annually (5
permits * $1,010 unit cost). Therefore,
the 10-year cost savings related to the
reduction of special permits or
Competent Authority Approval is
estimated at $50,500, undiscounted.
(2) Expansion of the List of Allowed
Hazardous Materials
The list of hazardous materials
currently approved for transport in
portable tanks is found in existing 46
CFR 98.30–5. Currently, vessels wishing
to transport a material not on this list
must apply to PHMSA’s AAHMS for a
special permit or Competent Authority
Approval. Under the proposed rule, the
three groups of materials referenced in
proposed redesignated 46 CFR 98.30–7
would be added to the list of allowed
materials.
Based on information provided in the
DOT ICR (OMB Control Number: 2137–
0051) Rulemaking, Special Permits, and
Preemption Requirements, there are
approximately 144 special permit or
Competent Authority Approval requests
per year. OSV owners and operators
account for approximately 4.6% of the
entities owning portable tanks and IBCs
(402/8,770). Therefore, the total number
of special permit or Competent
Authority Approval requests per year
for unapproved hazardous materials is
estimated at 7 (4.6 percent of 144
requests).
Based on the same ICR, the
administrative costs to prepare a special
permit or Competent Authority
Approval request is estimated at
$1,010.5 Special permits or Competent
Authority Approvals need to be
renewed every two to five years,
depending on the hazardous material.
For the purpose of this analysis, we
assume special permits or Competent
Authority Approvals would need to be
renewed four times over the 10-year
period, with renewals starting in years
1, 4, 7, and 10. Therefore, vessels not
needing to file the 7 special permits or
Competent Authority Approvals would
acquire total costs savings of $7,070
($1,010 unit cost * 7 Approvals) four
times over the 10-year period of analysis
for a total of $28,280, undiscounted.
(3) Inspection and Tagging
The existing inspection and tagging
regime is based on 21⁄2-year inspection
cycles. The proposed rule would
continue using that system for IMO
Type 1 and IMO Type 2 portable tanks,
UN portable tanks and IBCs. Thus, the
proposed rule would not impose any
additional regulatory burdens in the
area of inspection and tagging.
Summary of Cost Savings
As discussed above, there are no
additional costs for inspection and
tagging. The other two areas we
analyzed, expansion of the list of
allowed portable tanks and expansion of
the list of allowed hazardous materials,
showed cost savings.
Table IV.A.3 presents the
undiscounted cost savings of these two
areas over the 10-year forecast period.
sroberts on DSK5SPTVN1PROD with PROPOSALS
TABLE IV.A.3—SUMMARY OF UNDISCOUNTED COST SAVINGS
Special permit
or competent
authority
approval
1 ...................................................................................................................................................
2 ...................................................................................................................................................
4 U.S. Department of Transportation: Inspection
and Testing of Portable Tanks and Intermediate
Bulk Containers (OMB: 2137–0018).
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Total
Savings
Year
Expansion of
list of
hazardous
materials
Savings
Savings
$5,050
5,050
5 U.S. Department of Transportation: Rulemaking,
Special Permits and Preemption Requirements
(OMB Control No. 2137–0051).
PO 00000
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$7,070
0
$12,120
5,050
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TABLE IV.A.3—SUMMARY OF UNDISCOUNTED COST SAVINGS—Continued
Special permit
or competent
authority
approval
Total
Savings
Year
Expansion of
list of
hazardous
materials
Savings
Savings
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
5,050
5,050
5,050
5,050
5,050
5,050
5,050
5,050
0
7,070
0
0
7,070
0
0
7,070
5,050
12,120
5,050
5,050
12,120
5,050
5,050
12,120
Total ......................................................................................................................................
50,500
28,280
78,780
Table IV.A.4 presents the costs
savings schedule at discounted rates of
7 percent and 3 percent.
TABLE IV.A.4—SCHEDULE OF DISCOUNTED COST SAVINGS
Year
Total savings
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$12,120
5,050
5,050
12,120
5,050
5,050
12,120
5,050
5,050
12,120
$11,327
4,411
4,122
9,246
3,601
3,365
7,548
2,939
2,747
6,161
$11,767
4,760
4,621
10,768
4,356
4,229
9,855
3,987
3,870
9,018
Total ......................................................................................................................................
78,780
55,467
67,231
Annualized ............................................................................................................................
........................
7,897
7,882
At a 7 percent discount rate, the net
savings is $55,467 across the 10-year
estimate period and $7,882 annualized.
sroberts on DSK5SPTVN1PROD with PROPOSALS
Benefits
The proposed rule would provide
greater flexibility to industry by
increasing the number of approved
types of portable tanks available for use
and increasing the list of pre-approved
hazardous materials they can transport.
The elimination of the special permits
or Competent Authority Approvals
would provide efficiency gains to
industry by reducing or removing the
time associated with preparing a special
permit or Competent Authority
Approval request and waiting for its
return prior to engaging in business
activities. The removal of the time
burden associated with administrative
procedures for special permit or
Competent Authority Approval
applications would facilitate quicker
interactions between vessel operators
and the manufacturers and lessors of the
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approved portable tanks. Government
would also benefit from the reduced
number of special permits or Competent
Authority Approvals to process. We also
expect an increase in regulatory
efficiency, as we are harmonizing our
regulations with international
standards.
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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.
Entities are categorized by the North
American Industry Classification
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
System (NAICS) codes.6 By using the
United States Small Business
Administration (SBA) criteria for small
businesses, the associated NAICS codes,
and the 2007 United States Economic
Census data,7 we are able to provide an
overview of the OSV industry. We
reviewed the vessel ownership data
used in the cost analyses and
determined that all of the owners of the
OSVs are businesses, that is, none are
owned by not-for-profit organizations or
governments. OSVs can be classified
under ‘‘Navigational Services to
Shipping’’ (488330) and ‘‘Natural gas
liquid extraction’’ (211112) industries.
These industries engage in a wide range
of navigational shipping services
including cargo salvaging and oil
6 Small business information can be accessed
online at https://www.sba.gov/size/indextableofsize.
html.
7 U.S. Census Bureau information can be accessed
online at https://factfinder.census.gov/servlet/
DatasetMainPageServlet?_program=ECN&_tabId=
ECN1&_submenuId=datasets_4&_lang=en&_ts=
246366688395.
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recovery.8 According to the
aforementioned U.S. Census Bureau
data, approximately 85 percent of
entities classified as ‘‘Navigational
Services to Shipping’’ are considered
small.9 One hundred percent of entities
classified as ‘‘Natural gas liquid
extraction’’ are considered small, as
there are no entities exceeding the 500
employee SBA size standard.
The Coast Guard expects that this
proposed rule would not have a
significant economic impact on small
entities. Furthermore, as described in
the ‘‘Executive Order 12866 and
Executive Order 13563’’ section, we do
not expect this proposed rule to result
in additional costs to industry. This
proposed rule would reduce regulatory
burdens by eliminating the need for
special permits or Competent Authority
Approvals for the specified portable
tanks and hazardous materials and thus
generate an annual net savings to the
industry. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment to the Docket
Management Facility at the address
under ADDRESSES. In your comment,
explain why you think it qualifies and
how and to what degree this rule would
economically affect it.
sroberts on DSK5SPTVN1PROD with PROPOSALS
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please consult
LT Elizabeth Newton, Office of
Hazardous Material Standards, Coast
Guard; telephone 202–372–1419, email
Elizabeth.J.Newton@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
8 NAICS definitions can be accessed online at
https://www.census.gov/econ/industry/def/d488330.
htm and https://www.census.gov/econ/industry/def/
d211112.htm, respectively.
9 85% of these entities meet the $7 million in
annual revenue SBA size standard.
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Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This proposed rule would call for a
modification to an existing collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). It would modify existing Office of
Management and Budget (OMB)
Collection of Information: OMB Control
Number 2137–0051, ‘‘Rulemaking,
Special Permits, and Preemption
Requirements.’’
As defined in 5 CFR 1320.3(c),
‘‘collection of information’’ comprises
reporting, recordkeeping, monitoring,
posting, labeling, and other similar
actions. The title and description of the
information collection, a description of
those who must collect the information,
and an estimate of the change in annual
burden follow. The estimate covers the
time for preparing or renewing special
permit or Competency Authority
Approval requests for carrying
hazardous materials.
Title: Rulemaking, Special Permits,
and Preemption Requirements.
OMB Control Number: 2137–0051.
This collection of information applies
to rulemaking procedures regarding
PHMSA’s HMR regulations. Specific
areas covered in this information
collection include 49 CFR Part 105,
Subpart A and Subpart B, ‘‘Hazardous
Materials Program Definitions and
General Procedures;’’ 49 CFR part 106,
Subpart B, ‘‘Participating in the
Rulemaking Process;’’ 49 CFR part 107,
Subpart C, ‘‘Preemption;’’ and 49 CFR
Part 107, Subpart H, ‘‘Approvals,
Registrations and Submissions.’’ The
proposed rule would expand the types
of allowed portable tanks and expand
the list of allowed hazardous materials
permitted in those tanks. Under current
regulations, the use of these tanks or the
transfer of the hazardous materials
specified in the proposed rule would
require a special permit or Competent
Authority Approval from PHMSA’s
AAHMS. If the proposed rule becomes
effective, these special permits or
Competent Authority Approvals would
no longer be needed. Eliminating these
special permits or Competency
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Sfmt 4702
Authority Approvals would reduce the
burden associated with the OMB
Control Number 2137–0051 by reducing
the number of respondents, responses,
and burden hours associated with
special permit or Competency Authority
Approval requests. We contacted DOT
regarding this collection of information.
They validated our methodology and
concurred that this proposed
rulemaking would impact the
referenced ICR. However, they will
defer any adjustments to the ICR until
the final rule is published.
Summary of Collection of
Information: The proposed rule would
impact the burden associated with 49
CFR part 107, Subpart H, ‘‘Approvals,
Registrations and Submissions.’’ The
proposed rule would eliminate the need
for special permit or Competent
Authority Approval applications and
therefore reduce the burden associated
with that part of the collection. As
previously stated, we contacted DOT
regarding this collection of information.
Need for Information: Special permit
or Competent Authority Approval
procedures provide the information
required for analytical purposes to
determine if the requested relief
provides for a comparable level of safety
as provided by PHMSA’s HMR
regulations.
Proposed Use of Information: The
information collected under this ICR is
used in the review process by PHMSA
in determining the merits of the
petitions for rulemakings and for
reconsideration of rulemakings, as well
as applications for special permits or
Competent Authority Approvals,
preemption determinations and waivers
of preemption determinations. This
rulemaking would affect special permit
or Competent Authority Approval
requests, which PHMSA’s AAHMS
would need to determine the merits and
use of the unallowed tanks.
Description of Respondents: The
respondents impacted by this proposed
rule are owners and operators of OSVs
requesting the use of unauthorized
portable tanks as well as owners and
operators of OSVs requesting approval
to transport unauthorized hazardous
material.
Number of Respondents: The number
of respondents affected by this ICR is
8,770. The number of respondents
impacted by this proposed rule would
be 402 owners and operators of OSVs.
Frequency of Response: Without the
proposed rule, we estimate each
respondent would have to provide a
response every 2–5 years or one
response per ICR renewal cycle.
Burden of Response: The savings in
burden hours per request is estimated at
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aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
E. 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 proposed rule under that Order and
have determined that it does not have
implications for federalism.
sroberts on DSK5SPTVN1PROD with PROPOSALS
5.5 hours (five-hour special permit or
Competent Authority Approval requests
+ 0.5-hour recordkeeping).
Estimated Total Annual Burden:
Currently, the ICR annual hour burden
is 4,219, of which 792 hours are the
result of 144 special permit or
Competent Authority Approval requests
per year. As IM 101 and IM 102 portable
tanks phase out, we expect an
additional 5 special permits or
Competent Authority Approvals per
year over the three year ICR renewal
period. This would add 27.5 future
burden hours per year to the current
4,219 approved hourly estimate. As this
proposed rule would eliminate the need
for these special permit or Competent
Authority Approval requests, it would
eliminate the future burden by 27.5
hours per year. We estimate that
expanding the list of hazardous
materials approved for transfer to and
from the specified portable tanks and
IBCs would eliminate the filing of 7
special permits or Competent Authority
Approvals per 3-year ICR renewal cycle.
At 5.5 hours per special permit or
Competent Authority Approval, this
would be an additional reduction of
38.5 hours of regulatory burden per 3year period. We are communicating
with DOT regarding current estimates of
special permit or Competent Authority
Approval requests and the associated
burden hours.
Reason for Proposed Change: The
proposed rule would eliminate the need
for special permit or Competent
Authority Approval requests for
unauthorized portable tanks and IBCs as
well as the unauthorized transport of
hazardous materials.
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this
proposed rule to the OMB for its review
of the collection of information.
K. Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866, as
supplemented by Executive Order
13563, and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under
Executive Order 13211.
F. 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
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16:08 Mar 08, 2012
Jkt 226001
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This proposed 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.
I. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
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14335
L. 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 proposed rule uses the following
voluntary consensus standard:
International Maritime Dangerous
Goods Code (IMDG) 2010 Edition,
Amendment 35–10, Section: 4.2.0.1.
The proposed sections that reference
this standard and the locations of this
standard are listed in proposed 46 CFR
98.30–2.
If you disagree with our use of the
voluntary consensus standard listed
above or are aware of voluntary
consensus standards that might apply
but are not listed, please send a
comment to the docket using one of the
methods under ADDRESSES. In your
comment, please explain why you
disagree with our use of this standard
and/or identify voluntary consensus
standards the Coast Guard has not listed
that might apply.
M. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This action falls under
section 2.B.2, figure 2–1, paragraph
(34)(d) and (e) of the Instruction and
under section 6(a) of the ‘‘Appendix to
National Environmental Policy Act:
Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency
Policy’’ (67 FR 48243, July 23, 2002).
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This proposed rule involves regulations
concerning equipping of vessels,
regulations concerning equipment
approval and carriage requirements, and
regulations concerning vessel operation
safety standards. We seek any comments
or information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 46 CFR Part 98
Cargo vessels, Hazardous materials
transportation, Incorporation by
Reference, Marine safety, Reporting and
recordkeeping requirements, Water
pollution control.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 46 CFR part 98 as follows:
PART 98—SPECIAL CONSTRUCTION,
ARRANGEMENT, AND OTHER
PROVISIONS FOR CERTAIN
DANGEROUS CARGOES IN BULK
1. The authority citation for part 98
continues to read as follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306,
3307, 3703; 49 U.S.C. App. 1804; E.O. 12234,
45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation
No. 0170.1.
Subpart 98.30—Portable Tanks and
Intermediate Bulk Containers
2. Revise the heading for subpart
98.30 to read as set forth above.
3. Amend § 98.30–1 as follows:
a. In paragraph (a), after the words
‘‘portable tanks’’, add the words ‘‘and
Intermediate Bulk Containers (IBCs)’’;
b. In paragraph (b) introductory text,
after the words ‘‘portable tanks’’, add
the words ‘‘and IBCs’’;
c. In paragraph (b)(1), remove ‘‘;’’ and
add, in its place, ‘‘.’’;
d. Revise paragraphs (b)(2) and (3);
and
e. Add paragraph (b)(4).
The revisions and addition read as
follows:
§ 98.30–1
Applicability.
sroberts on DSK5SPTVN1PROD with PROPOSALS
*
*
*
*
*
(b) * * *
(2) An IM 101, IM 102, IMO Type 1,
IMO Type 2, or UN portable tank.
(3) A portable tank authorized for
hazardous materials by the Associate
Administrator for Hazardous Materials
Safety (AAHMS) of the Pipeline and
Hazardous Materials Safety
Administration (PHMSA), under a
special permit or Competent Authority
Approval issued in accordance with 49
CFR part 107, subpart H.
(4) An IBC, but restricted to those
metal IBCs as described in § 98.30–5 of
this subpart.
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§ 98.30–17
[Redesignated as § 98.30–18]
4. Redesignate § 98.30–17 as § 98.30–
18.
§§ 98.30–13 through 98.30–15
[Redesignated as §§ 98.30–15 through
98.30–17]
5. Redesignate §§ 98.30–13 through
98.30–15 as §§ 98.30–15 through 98.30–
17, respectively.
§§ 98.30–6 through 98.30–11
[Redesignated as §§ 98.30–9 through 98.30–
14]
6. Redesignate §§ 98.30–6 through
98.30–11 as §§ 98.30–9 through 98.30–
14, respectively.
§ 98.30–5
[Redesignated as § 98.30–7]
7. Redesignate § 98.30–5 as § 98.30–7.
§§ 98.30–2 through 98.30–4 Redesignated
as §§ 98.30–3 through 98.30–5]
8. Redesignate §§ 98.30–2 through
98.30–4 as §§ 98.30–3 through 98.30–5,
respectively.
9. Add new § 98.30–2 to read as
follows:
§ 98.30–2
Incorporation by reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in this section,
the Coast Guard must publish notice of
change in the Federal Register and the
material must be available to the public.
All approved material is available for
inspection at the U.S. Coast Guard,
Office of Design and Engineering
Standards (CG–521), 2100 2nd St. SW.,
Stop 7126, Washington, DC 20593–
7126, and is available from the sources
listed below. It is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(b) International Maritime
Organization (IMO), 4 Albert
Embankment, London SE1 7SR, United
Kingdom, https://www.imo.org.
(1) International Maritime Dangerous
Goods (IMDG) Code, 2010 Edition
Incorporating Amendment 35–10
Section: 4.2.0.1, IBR approved for
§§ 98.30–3 and 98.30–5.
(2) [Reserved]
10. Revise newly redesignated
§ 98.30–3 to read as follows:
§ 98.30–3
Definitions.
(a) IM 101 portable tank and IM 102
portable tank means a portable tank
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constructed and approved by PMSA and
manufactured on or before January 1,
2003, that meets the requirements for
continued use under 49 CFR 173.32.
(b) IMO Type 1 portable tank and IMO
Type 2 portable tank means a portable
tank constructed in accordance with
Amendment 35–10 to the International
Maritime Dangerous Goods (IMDG)
Code (incorporated by reference, see
§ 98.30–2) and approved on or before
July 1, 2003, that meets the provisions
for continued use under the IMDG Code.
(c) MPT means a marine portable tank
that was inspected and stamped by the
Coast Guard on or before September 30,
1992, and that meets the applicable
requirements in this part and part 64 of
this chapter.
(d) UN portable tank means a portable
tank constructed in accordance with 49
CFR 178.274 and 178.275, and approved
in accordance with 49 CFR 173.32 and
178.273.
(e) IBC means an intermediate bulk
container as defined in 49 CFR 171.8.
11. In newly redesignated § 98.30–5:
a. Revise paragraphs (a)(1), (a)(2)
introductory text, and (a)(2)(i);
b. In paragraph (a)(2)(ii), remove the
word ‘‘exemption’’ and add in its place
the words ‘‘special permit’’;
c. Revise paragraph (b);
d. Redesignate paragraph (c) as
paragraph (d) and revise it; and
e. Add new paragraph (c).
The revisions and addition read as
follows:
§ 98.30–5 Vessels carrying portable tanks
other than MPTs.
(a) * * *
(1) An IM 101, IM 102, IMO Type 1,
IMO Type 2, or UN portable tank
authorized for its contents in
accordance with 49 CFR 172.101,
Hazardous Materials Table, Columns 7
and 8C.
(2) A portable tank authorized by
PHMSA’s AAHMS under a special
permit or Competent Authority
Approval issued in accordance with 49
CFR part 107, subpart H.
(i) According to the terms of the
special permit or Competent Authority
Approval, equivalent to an IM 101, IM
102, IMO Type 1, IMO Type 2, or UN
portable tank.
*
*
*
*
*
(b) Each IM 101, IM 102, or UN
portable tank must be tested and
inspected in accordance with 49 CFR
part 180, subpart G and follow
specifications in accordance with 49
CFR 178.275(c).
(c) Each IMO Type 1 or IMO Type 2
portable tank must be tested and
inspected in accordance with
Amendment 35–10 to the IMDG Code
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(incorporated by reference, see § 98.30–
2).
(d) Each portable tank authorized
under a special permit or Competent
Authority Approval from PHMSA’s
AAHMS must be inspected, tested,
maintained, and used in accordance
with the terms of that special permit or
Competent Authority Approval.
12. Add new § 98.30–6 to read as
follows:
§ 98.30–6
Vessels carrying IBCs.
Intermediate Bulk Containers (IBCs)
with a classification of 31A may be used
on a vessel to which this part applies
and must meet at a minimum the
following constructional requirements:
(a) The shell thickness must be a
minimum 6.36 mm (0.25 inches) in
reference steel.
(b) There must be a self-closing relief
valve set to open at no less than 5 psig.
(c) Closures used on fill openings, in
excess of 20 square inches, must be
equipped with a device to prevent them
from fully opening without first
relieving internal pressure.
(d) All venting requirements must be
followed in accordance with 49 CFR
178.345–10, Table 1.
13. In newly redesignated § 98.30–7:
a. In paragraph (a)(1), remove the
words ‘‘or ‘‘ORM–E’’ ’’ and add in their
place the words ‘‘ ‘‘hazardous
substance’’, or ‘‘hazardous waste’’ ’’;
b. Revise paragraph (a)(2)(iii);
c. In paragraph (a)(3), after the words
‘‘material listed in’’, add the words
‘‘Table 98.30–7(a)—Certain Hazardous
Materials Authorized For Transfer To
and From Portable Tanks’’;
d. Remove Table 98.30–5(a) and add
Table 98.30–7(a) in its place; and
e. Revise paragraphs (b), (e), and (f).
The revisions and addition to read as
follows:
§ 98.30–7 Materials authorized for transfer
to and from a portable tank.
sroberts on DSK5SPTVN1PROD with PROPOSALS
(a) * * *
(2) * * *
(iii) Is authorized for transport in an
IM 101, IM 102, IMO Type 1, IMO Type
2, or UN portable tank under subpart F
of 49 CFR part 173;
*
*
*
*
*
TABLE 98.30–7(a)—CERTAIN HAZARDOUS MATERIALS AUTHORIZED
FOR TRANSFER TO AND FROM
PORTABLE TANKS—Continued
Mixtures
of
Hydrochloric
acid
and
hydrofluoric acid containing not more than
36 percent hydrochloric acid or 2 percent
hydrofluoric acid 1
Methyl Ethyl Ketone
Mixtures of hydrochloric acid and hydrofluoric
acid containing not more than 24 percent
hydrochloric acid or 6 percent hydrofluoric
acid1
Toluene (Toluol)
Corrosive liquid, toxic, N.O.S. (Mixtures of
hydrochloric acid, hydrofluoric acid, and
fluoboric acid), UN 2922, packing group II,
containing not more than 11 percent
hydrofluoric acid 1
Note:1 Each MPT must be lined with rubber
or with material equally acid-resistant and
equally strong and durable.
(b) Grade D and Grade E combustible
liquids with a flashpoint of 100 °F
(38 °C) or higher by closed cup test that
are not listed by name in the Hazardous
Materials Table of 49 CFR 172.101 may
be transferred to and from an MPT, IM
101, IM 102, IMO Type 1, IMO Type 2,
or UN portable tank conforming to the
T Code ‘‘T1’’ specified in 49 CFR
172.102(c)(7)(i).
*
*
*
*
*
(e) Environmentally hazardous
substances (see paragraph (a)(4) of this
section) may be transferred only to and
from an MPT, IM 101, IM 102, IMO
Type 1, IMO Type 2, or UN portable
tank.
(f) A portable tank authorized for
transfer of hazardous material in this
section may be substituted by another
portable tank in accordance with 49
CFR 173.32(b).
*
*
*
*
*
14. Add new § 98.30–8 to read as
follows:
§ 98.30–8 Materials authorized for transfer
to and from an IBC.
Any hazardous material listed in
Table 98.30–7(a) of § 98.30–7 of this
subpart may be transferred to and from
an IBC under this subpart, with the
exception of Liquid Nitrogen.
15. Revise newly redesignated
§ 98.30–9 to read as follows:
TABLE 98.30–7(a)—CERTAIN HAZ§ 98.30–9 Lifting a portable tank or IBC.
ARDOUS MATERIALS AUTHORIZED
No person may lift a portable tank
FOR TRANSFER TO AND FROM and/or IBC with another portable tank
and/or IBC.
PORTABLE TANKS
Acetone
Alcohols; flash point of 80 °F (27 °C) or less
by open-cup test
Benzene
Gasoline
Liquid Nitrogen
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b. In paragraph (a), after the words
‘‘portable tank’’, add the words ‘‘and/or
IBC’’;
c. In paragraph (b) introductory text,
after the words ‘‘portable tank’’, add the
words ‘‘and/or IBC’’; and
d. Add paragraph (c).
The revision and addition read as
follows:
§ 98.30–12
IBCs.
Sfmt 4702
Stowage of portable tanks and
*
*
*
*
*
(c) All IBCs must be secured as
specified in 49 CFR 176.74.
18. In newly redesignated § 98.30–13:
a. Redesignate the introductory text,
paragraph (a), and paragraph (b) as
paragraphs (a) introductory text, (a)(1),
and (a)(2), respectively;
b. In newly redesignated paragraph (a)
introductory text, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’;
c. Revise redesignated paragraph
(a)(1); and
d. Add paragraphs (a)(3) and (b).
The revision and additions read as
follows:
§ 98.30–13 Pipe connections, and filling
and discharge openings.
(a) * * *
(1) For an IM 101, IM 102, IMO Type
1, IMO Type 2, or UN portable tank, the
closures specified in 49 CFR 178.275.
*
*
*
*
*
(3) For an IBC, the closures specified
in 49 CFR 178.705.
(b) A manifold cannot be used when
transferring a hazardous material to or
from a portable tank or IBC on board a
vessel.
§ 98.30–15
[Amended]
19. In redesignated § 98.30–15(a), after
the words ‘‘portable tank’’, add the
words ‘‘or IBC’’.
20. In newly redesignated § 98.30–16:
a. Revise the section heading;
b. In paragraph (a) introductory text,
remove the word ‘‘shall’’ and add in its
place the word ‘‘must’’; and
c. Add paragraph (c).
The revision and addition read as
follows:
§ 98.30–16 Requirements for ships
carrying NLSs in portable tanks and IBCs.
*
*
*
*
*
(c) Any ship that carries NLSs in an
IBC, as described in section 98.30–5 of
this subpart, must meet all requirements
in accordance with 46 CFR 125.120.
§ 98.30–18
[Amended]
16. In newly redesignated § 98.30–10,
after the words ‘‘portable tank’’, add the
words ‘‘or IBC’’.
17. In newly redesignated § 98.30–12:
a. Revise the section heading;
14337
[Amended]
21. In newly redesignated § 98.30–18:
a. In paragraph (a) remove the word
‘‘shall’’ and add, in its place, the word
‘‘must’’, and after the words ‘‘portable
tank’’, add the words ‘‘or IBC’’; and
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b. In paragraph (b) introductory text,
after the words ‘‘portable tank’’, add the
words ‘‘or IBC’’, and remove the word
‘‘shall’’, and add, in its place, the word
‘‘must’’.
§ 98.30–35
§ 98.30–19
31. In § 98.30–37, in the introductory
text, after the words ‘‘portable tank or’’,
add the words ‘‘or IBC’’.
[Amended]
22. In § 98.30–19, in paragraphs (b)
and (c), after the words ‘‘portable tank’’,
add the words ‘‘or IBC’’.
§ 98.30–21
[Amended]
23. In § 98.30–21, in the introductory
text and paragraphs (b) and (c), after the
words ‘‘portable tank’’, add the words
‘‘or IBC’’.
[Amended]
30. In § 98.30–35, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
§ 98.30–37
[Amended]
Subpart 98.33—Portable Tanks and
IBCs for Certain Grade E Combustible
Liquids and Other Regulated Materials
25. In § 98.30–25, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
32. Revise the heading for subpart
98.33 to read as set forth above.
33. In § 98.33–1:
a. Revise paragraph (b)(1) (including
removal of the note);
b. Amend paragraph (b)(2) by
removing ‘‘; and’’ and adding in its
place ‘‘.’’; and
c. Add paragraph (b)(4).
The revision and addition read as
follows:
§ 98.30–27
§ 98.33–1
§ 98.30–23
[Amended]
24. In § 98.30–23, in the introductory
text, after the words ‘‘portable tank’’,
add the words ‘‘or IBC’’.
§ 98.30–25
[Amended]
[Amended]
26. In § 98.30–27, in paragraph (a)
introductory text, remove the word
‘‘shall’’ and add, in its place, the word
‘‘must’’.
§ 98.30–29
[Amended]
27. In § 98.30–29, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
§ 98.30–31
[Amended]
28. In § 98.30–31, in the introductory
text, after the words ‘‘portable tank or’’,
add the words ‘‘IBC or’’.
§ 98.30–33
[Amended]
sroberts on DSK5SPTVN1PROD with PROPOSALS
29. In § 98.30–33, in paragraph (a)
introductory text and paragraph (b),
after the words ‘‘portable tank’’, add the
words ‘‘or IBC’’.
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*
*
*
*
(b) * * *
(1) A DOT-specification 57 portable
tank constructed on or before October 1,
1996, or a UN portable tank (see 49 CFR
173.32 and § 98.30–3(d) of this part).
*
*
*
*
*
(4) An Intermediate Bulk Container
(IBC), but restricted to those metal IBCs
as described in § 98.30–5 of this subpart.
[Amended]
34. In § 98.33–3, in the introductory
text, after the words ‘‘portable tanks’’,
add the words ‘‘or IBCs’’.
35. In § 98.33–5:
a. Revise the section heading;
b. Redesignate the introductory text,
paragraph (a), and paragraph (b) as
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§ 98.33–5 Portable tanks and IBCs
authorized.
*
*
*
*
*
(b) The cargoes authorized under
§ 98.33–3 may be transferred to and
from IBCs to which this subpart applies
if the IBCs meet the requirements in
§ 98.30–5 of this part.
§ 98.33–7
[Amended]
36. In § 98.33–7, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
§ 98.33–9
[Amended]
37. In § 98.33–9, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
§ 98.33–11
Applicability.
*
§ 98.33–3
paragraphs (a), (a)(1), and (a)(2),
respectively; and
c. Add new paragraph (b).
The revision and addition read as
follows:
[Amended]
38. In § 98.33–11, in paragraphs (a)
and (b), after the words ‘‘portable tank’’,
add the words ‘‘or IBC’’.
§ 98.33–13
[Amended]
39. In § 98.33–13, after the words
‘‘portable tank’’, add the words ‘‘or
IBC’’.
§ 98.33–15
[Amended]
40. In § 98.33–15, in the introductory
text, after the words ‘‘portable tank’’,
add the words ‘‘or IBC’’.
Dated: February 10, 2012.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2012–5551 Filed 3–8–12; 8:45 am]
BILLING CODE 9110–04–P
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[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Proposed Rules]
[Pages 14327-14338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5551]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 98
[Docket No. USCG-2011-0088]
RIN 1625-AB63
Bulk Packaging To Allow for Transfer of Hazardous Liquid Cargoes
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its regulations concerning
the transfer of hazardous materials to and from portable tanks on
vessels. The Coast Guard proposes to expand the list of portable tanks
approved for hazardous material transfers to include IMO Type 1 and IMO
Type 2 portable tanks, UN portable tanks, and Intermediate Bulk
Containers. In addition, the Coast Guard proposes to expand the list of
allowed hazardous materials. The proposed amendments would provide
greater flexibility in the selection and use of portable tanks and
would allow for the transport of additional hazardous materials. The
proposed effect would be to eliminate the need to obtain special
permits or Competent Authority Approvals to use IMO Type 1 or IMO Type
2 portable tanks, UN portable tanks, or Intermediate Bulk Containers,
or to transport hazardous materials not on the list.
DATES: Comments and related material must be submitted on or before May
8, 2012. Comments sent to the Office of Management and Budget (OMB) on
collection of information must reach OMB on or before May 8, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0088 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.D of this NPRM, you
must also send comments to the Office of Information and Regulatory
Affairs (OIRA), Office of Management and Budget. To ensure that your
comments to OIRA are received on time, the preferred methods are by
email to oira_submission@omb.eop.gov (include the docket number and
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of
the email) or fax at 202-395-6566. An alternate, though slower, method
is by U.S. mail to the Office of Information and Regulatory Affairs,
Office of Management and Budget, 725 17th Street NW., Washington, DC
20503, Attn: Desk Officer, U.S. Coast Guard.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-372-1419. Copies of the material are available
as indicated in the ``Incorporation by Reference'' section of this
preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Lieutenant Elizabeth Newton, Office of Hazardous
Material Standards, Coast Guard; telephone 202-372-1419, email
Elizabeth.J.Newton@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
A. Subpart 98.30--Portable Tanks and Intermediate Bulk
Containers
B. Subpart 98.33--Portable Tanks and IBCs for Certain Grade E
Combustible Liquids and Other Regulated Materials
V. Incorporation by Reference
VI. Regulatory Analyses
A. Executive Order 12866 and Executive Order 13563
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
[[Page 14328]]
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0088), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0088'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments as well as documents mentioned in this preamble as
being available in the docket, go to https://www.regulations.gov click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Keyword'' box type ``USCG-2011-0088'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
AAHMS Associate Administrator for Hazardous Materials Safety
CFR Code of Federal Regulations
DHS Department of Homeland Security
DOT Department of Transportation
FR Federal Register
HMR Hazardous Materials Regulations; 49 CFR Parts 171-180
IBC Intermediate Bulk Container
IM Intermodal
IMDG International Maritime Dangerous Goods (code)
IMO International Maritime Organization
MPT Marine Portable Tank
NLS Noxious Liquid Substance
N.O.S. Not otherwise specified
OSV Offshore supply vessel
PHMSA Pipeline and Hazardous Materials Safety Administration
Sec. Section symbol
UN United Nations
U.S.C. United States Code
III. Background
The Coast Guard proposes to amend 46 CFR subparts 98.30 and 98.33,
which contain regulations concerning the transfer of hazardous
materials to and from portable tanks on vessels. Portable tanks are
primarily used by offshore supply vessels (OSVs) to transport hazardous
materials to and from offshore platforms involved in the exploration
and production of oil and natural gas.
In a 1990 rulemaking titled ``Portable Tanks for the Transportation
of Bulk Hazardous Materials by Vessel'' (55 FR 37406), the Coast Guard
allowed the use of Intermodal (IM) 101 and IM 102 portable tanks for
the transfer of hazardous materials. The specifications for these tanks
can be found in the Department of Transportation's (DOT) Pipeline and
Hazardous Materials Safety Administration (PHMSA) regulations at 49 CFR
parts 171-180, referred to as the Hazardous Materials Regulations
(HMR).
Since the Coast Guard's 1990 rulemaking, PHMSA has aligned its HMR
regulations to incorporate changes made to the International Maritime
Organization's (IMO) International Maritime Dangerous Goods Code \1\
(IMDG Code) for the construction and use of portable tanks. The IMDG
Code applies to all vessels, including U.S. vessels, on international
voyages. The portable tanks constructed to IMDG Code requirements are
known as ``UN portable tanks,'' and include IMO Type 1 and IMO Type 2
portable tanks. As of January 1, 2003, the IMDG Code requires all newly
manufactured portable tanks to be designed, constructed, and approved
in conformance with the requirements of UN portable tanks.
---------------------------------------------------------------------------
\1\ See IMDG Code, 2010 Edition, Incorporating Amendment 35-10,
Chapter 4.2, Section 4.2.0.1.
---------------------------------------------------------------------------
Portable tank manufacturers reacting to the harmonization of
PHMSA's HMR regulations with the IMDG Code, which includes the
requirement that all portable tanks be UN portable tanks, are no longer
manufacturing IM 101 and IM 102 portable tanks. As a result, we are
initiating this rulemaking to harmonize Coast Guard regulations at 46
CFR subparts 98.30 and 98.33 with PHMSA's HMR regulations and
international standards for vessels operating domestically by allowing
UN portable tanks to be used in transporting hazardous materials.
We are also initiating this rulemaking in response to a suggestion
from industry that the Coast Guard allow Intermediate Bulk Containers
(IBCs) to be used to transport hazardous materials. The Coast Guard is
proposing to amend the applicability sections in 46 CFR subparts 98.30
and 98.33 to allow the use of IBCs in transporting hazardous materials
on board vessels, but with specific restrictions as to what types of
IBCs could be used to ensure safety.
The Coast Guard would allow existing IM 101 and IM 102 portable
tanks at 46 CFR subparts 98.30 and 98.33 to continue to be used for the
lifetime of the tank provided that they continue to meet periodic test
and inspection requirements. By allowing the use of IMO Type 1 and IMO
Type 2 portable tanks, UN portable tanks, and IBCs, we are eliminating
the need for vessel owners to apply to PHMSA's Associate Administrator
for Hazardous Materials Safety (AAHMS) for a special permit or a
Competent Authority Approval to use these tanks.
The intended effect of these proposed changes would provide
industry with additional options for the selection of portable tanks or
IBCs that could be
[[Page 14329]]
used for transfers of hazardous materials between cargo tanks and
portable tanks.
In this rulemaking, the Coast Guard is also proposing to amend the
list of hazardous materials currently approved for transport in
portable tanks in 46 CFR subpart 98-30. Currently, shippers wishing to
transport a product not on this list must apply to PHMSA's AAHMS for a
special permit or Competent Authority Approval. By expanding the list
of authorized hazardous materials, the Coast Guard would eliminate the
need for prior individual authorization before these additional
hazardous materials could be transported in a portable tank or IBC.
IV. Discussion of Proposed Rule
The Coast Guard proposes to amend the titles of subparts 98.30 and
98.33 to include IBCs and read ``Subpart 98.30--Portable Tanks and
Intermediate Bulk Containers'' and ``Subpart 98.33--Portable Tanks and
Intermediate Bulk Containers for Certain Grade E Combustible Liquids
and Other Regulated Materials.''
The Coast Guard also proposes to make conforming changes throughout
subparts 98.30 and 98.33 to include IBCs in each instance that the
current regulations mention portable tanks. See proposed amended
Sec. Sec. 98.30-9, 98.30-10, 98.30-11, 98.30-12, 98.30-14, 98.30-17,
98.30-19, 98.30-21, 98.30-23, 98.30-25, 98.30-29, 98.30-31, 98.30-33,
98.30-35, 98.33-3, 98.33-7, 98.33-9, 98.33-11, 98.33-13, and 98.33-15.
A. Subpart 98.30--Portable Tanks and Intermediate Bulk Containers
The Coast Guard proposes to redesignate current sections in subpart
98.30 to make room for new proposed sections, as noted in the chart
below.
------------------------------------------------------------------------
Redesignated section heading
Original section heading and number and number
------------------------------------------------------------------------
Section 98.30-2: Definitions........... Section 98.30-3: Definitions.
Section 98.30-3: Vessels carrying MPTs. Section 98.30-4: Vessels
carrying MPTs.
Section 98.30-4: Vessels carrying Section 98.30-5: Vessels
portable tanks other than MPTs. carrying portable tanks other
than MPTs.
Section 98.30-5: Materials authorized Section 98.30-7: Materials
for transfer to and from a portable authorized for transfer to and
tank. from a portable tank.
Section 98.30-6: Lifting a portable Section 98.30-9: Lifting a
tank. portable tank or IBC.
Section 98.30-7: Smoking............... Section 98.30-10: Smoking.
Section 98.30-8: Gaskets and lining.... Section 98.30-11: Gaskets and
lining.
Section 98.30-9: Stowage of portable Section 98.30-12: Stowage of
tanks. portable tanks and IBCs.
Section 98.30-10: Pipe connections, and Section 98.30-13: Pipe
filling and discharge openings. connections, and filling and
discharge openings.
Section 98.30-11: Cargo pumps.......... Section 98.30-14: Cargo pumps.
Section 98.30-13: Ground connection.... Section 98.30-15: Ground
connection.
Section 98.30-14: Requirements for Section 98.30-16: Requirements
ships carrying NLSs in portable tanks. for ships carrying NLSs in
portable tanks and IBCs.
Section 98.30-15: Leakage containment.. Section 98.30-17: Leakage
containment.
Section 98.30-17: Qualifications of Section 98.30-18:
person in charge. Qualifications of person in
charge.
------------------------------------------------------------------------
Sec. 98.30-1: Applicability
This section would be amended to allow the use of IMO Type 1 and
IMO Type 2 portable tanks, UN portable tanks, and IBCs for use in
transferring hazardous materials on board vessels. This section would
also be amended to delete reference to ``liquid'' from the term
``hazardous materials'' to be consistent with how the term is used
elsewhere in subpart 98.30.
In addition, this section would be amended to eliminate the
restriction of transporting ``liquefied gas'' in a portable tank
because the Coast Guard proposes in 49 CFR 98.30-7 to allow the
transport of ``liquid nitrogen.''
This section would also be amended to update the reference for
PHMSA, which was formerly known as the Research and Special Programs
Administration, and to clarify that these rules would be applicable to
portable tanks authorized for use under a special permit or Competent
Authority Approval issued by PHMSA's AAHMS in accordance with 49 CFR
part 107, subpart H.
Sec. 98.30-2: Incorporation by Reference
This new section would be added to incorporate by reference the
IMDG Code. The material proposed for incorporation by reference appears
in 46 CFR 98.30-3 and 98.30-5. The IMDG Code identifies the
characteristics of the newly approved UN portable tanks and allows for
the older tanks approved prior to January 1, 2003, to continue to be
used provided that they are found to meet the periodic inspections and
test provisions. The harmonization of the Coast Guard regulations with
the IMDG Code would ensure that U.S.-flagged vessels continue to be in
compliance, if and when older tanks do not pass periodic inspections
and test provisions and need to be replaced with the newly approved UN
portable tanks.
Sec. 98.30-3: Definitions
Proposed redesignated Sec. 98.30-3 would be amended to add three
new terms to define the types of tanks that can be used in accordance
with 46 CFR 98.30-1. These definitions are ``IMO Type 1 portable tank
and IMO Type 2 portable tank,'' ``UN portable tank,'' and ``IBC''.
Also, the definition of ``IM 101 portable tank and IM 102 portable
tank'' would be revised to describe tanks that were manufactured on or
before January 1, 2003. As discussed above, IM 101 and IM 102 portable
tanks are no longer constructed. However, IM 101 and IM 102 portable
tanks that were manufactured and approved by PHMSA before January 1,
2003, may continue to be used for the lifetime of the tank. These tanks
provide a level of safety equivalent to other portable tanks and are
safe to use as long as they meet the requirements for continued use
under the HMR at 49 CFR 173.32.
Sec. 98.30-5: Vessels Carrying Portable Tanks Other Than MPTs
This section would be amended to allow the carriage of IMO Type 1
and IMO Type 2 portable tanks and UN portable tanks on board a vessel
for use in the transfer of certain hazardous materials. Hazardous
materials are authorized, in accordance with 49 CFR 173.32, to be
transferred to a portable tank only if the portable tank is authorized
to carry the hazardous material in accordance with the HMR or under the
terms of a special permit or Competent Authority Approval issued by
PHMSA's AAHMS.
[[Page 14330]]
Existing IM 101 and IM 102 portable tanks provide a level of safety
equivalent to other portable tanks authorized for the transfer of
hazardous materials and can be used, provided these tanks meet certain
periodic test and inspection requirements in accordance with the HMR at
49 CFR part 180, subpart G.
Sec. 98.30-6: Vessels Carrying IBCs
This section would be added to describe the types of IBCs the Coast
Guard would allow for the carriage of certain hazardous materials on
board a vessel, and to make clear the requirements the IBCs would have
to meet to gain approval from the Coast Guard. We would allow the use
of an IBC only if the IBC is equivalent to, or greater in standards
than, an authorized IMO Type 1 or IMO Type 2 portable tank, or a UN
portable tank.
Sec. 98.30-7: Materials Authorized for Transfer To and From a Portable
Tank
This section would be amended to replace the term ``ORM-E'' with
the terms ``hazardous substance'' and ``hazardous waste'' as described
in 49 CFR 171.8. The term ``ORM-E'' is outdated and is no longer used
by PHMSA.
This section would be amended to allow the use of IMO Type 1 and
IMO Type 2 portable tanks and UN portable tanks for the transfer of
materials permitted under this section, and to clarify that a portable
tank authorized in this section can serve as a substitute for another
portable tank that meets the requirements of the HMR at 49 CFR
173.32(b), and vice-versa. We propose making this change to align our
regulations with the HMR, which allows for substitutions of portable
tanks.
This section would also be amended to update the citation to Table
``Certain Hazardous Materials Authorized for Transfer To and From
Portable Tanks'' to reflect the redesignation of this section from
Sec. 98.30-5 to Sec. 98.30-7. This section would also be amended to
expand the list of hazardous materials that are eligible for transfer
to and from portable tanks because these materials have been previously
authorized for such transfers by the Coast Guard on an individual basis
in accordance with proposed redesignated Sec. 98.30-7(a)(5). We
propose to add the following hazardous materials to Table 98.30-7(a):
(1) Liquid Nitrogen, (2) Mixtures of hydrochloric acid and hydrofluoric
acid containing not more than 24% hydrochloric acid or 6% hydrofluoric
acid, and (3) corrosive liquid, toxic, N.O.S. (mixtures of hydrochloric
acid, hydrofluoric acid, and fluoboric acid), UN 2922, packing group
II, containing not more than 11% hydrofluoric acid. We are adding these
materials because we believe these materials are safe to transport
within the guidelines set by 46 CFR subpart 98.30 based on previous
written authorizations of approval for these materials.
Sec. 98.30-8: Materials Authorized for Transfer to and From an IBC
The addition of this section would be used to identify materials
that are authorized for transfer to and from an IBC. We propose to
allow the use of hazardous materials listed in Table 98.30-7(a) for
transfer to and from an IBC with the exception of Liquid Nitrogen.
Liquid Nitrogen cannot be properly stored or monitored in an IBC
because of its design characteristics; therefore, we deem it unsafe to
transport Liquid Nitrogen on an IBC.
Sec. 98.30-12: Stowage of Portable Tanks and IBCs
This section would be amended to clarify that IBCs must be secured
in accordance with the HMR at 49 CFR 176.74.
Sec. 98.30-13: Pipe Connections, and Filling and Discharge Openings
This section would be amended to take into account the addition of
IMO Type 1 and IMO Type 2 portable tanks, UN portable tanks, and IBCs
as specified in 49 CFR 178.705. This section is also amended to
restrict the use of manifolds, which are chambers or systems of pipes
having several outlets in which a liquid or gas can be gathered or from
which a liquid or gas can be distributed. Manifolds would be prohibited
because the use of a manifold is a manual operation and the emergency
shutoff during the transfer to and from a portable tank or IBC should
be automatic. This would minimize the loss of hazardous materials in
the event of an emergency, thereby reducing risk to health and
environment.
Sec. 98.30-16: Requirements for Ships Carrying NLSs in Portable Tanks
and IBCs
This section would be amended to clarify that IBCs used to
transport noxious liquid substances (NLS) must meet the requirements
set forth in 46 CFR 125.120.
B. Subpart 98.33--Portable Tanks and IBCs for Certain Grade E
Combustible Liquids and Other Regulated Materials
Sec. 98.33-1: Applicability
This section would be amended to clarify that the Coast Guard would
allow the transfer of certain low-hazard materials to and from DOT-
specification 57 portable tanks constructed on or before October 1,
1996 or UN portable tanks. In addition, this section would be amended
to update regulations now found at 49 CFR 173.32 in the HMR that
pertain to the requirements for the use of portable tanks. This section
would also be amended to add a citation reference to our regulations at
46 CFR 98.30-3(d), which pertain to the requirements for UN portable
tanks.
This section would also be amended to allow the transfer of certain
low-hazard materials to and from limited IBCs as described in 46 CFR
98.30-6.
Sec. 98.33-5: Portable Tanks and IBCs Authorized
Paragraph (b) is proposed to specify that for cargoes authorized in
46 CFR 98.33-3 to be transferred to and from IBCs, the IBCs must first
meet the tank specifications outlined in 46 CFR 98.30-5.
V. Incorporation by Reference
Material proposed for incorporation by reference appears in Sec.
98.30-2. You may inspect this material at U.S. Coast Guard Headquarters
where indicated under ADDRESSES. Copies of the material are available
from the sources listed in Sec. 98.30-2.
Before publishing a binding rule, we would submit this material to
the Director of the Federal Register for approval of the incorporation
by reference.
VI. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.
A. Executive Order 12866 and Executive Order 13563
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This NPRM has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly,
[[Page 14331]]
the NPRM has not been reviewed by the Office of Management and Budget.
A draft regulatory assessment follows:
This proposed rule would expand the list of portable tanks approved
for hazardous material transfers to include UN portable tanks,
including IMO Type 1 and IMO Type 2 portable tanks, and IBCs. It would
also expand the list of allowed hazardous materials. Please reference
Table IV.A.1 below for a summary of our analysis.
Table IV.A.1--Summary of Affected Population, Cost Savings, and Benefits
------------------------------------------------------------------------
Category Estimate
------------------------------------------------------------------------
Affected Population.................... 402 owners and operators of
1,334 OSVs.
Cost Savings (7% discount over 10-year $55,467.
period).
Efficiency gains to
industry by increasing the
number of pre-approved types
of portable tanks and
expanding the list of pre-
approved hazardous materials
they can transport.
Benefits............................... Reduces regulatory
burden to industry and
government by reducing the
number of special permits or
Competent Authority Approvals
to be processed and
harmonizing the Coast Guard
regulations with PHMSA's HMR
regulations.
------------------------------------------------------------------------
Note: There are only cost savings associated with this rulemaking.
Affected Population
The total number of affected vessels is the 1,334 U.S.-flagged OSVs
subject to 46 CFR subchapters I, L, or T. Table IV.A.2 presents the
count of OSVs by subchapter.
Table IV.A.2--Affected OSVs by Subchapter
------------------------------------------------------------------------
Subchapter code Subchapter description Count
------------------------------------------------------------------------
I........................ Cargo and Miscellaneous 532
Vessels.
L........................ Offshore Supply Vessels...... 529
T........................ Small Passenger Vessels 273
(Under 100 Gross Tons).
---------------
Total................ ............................. 1,334
------------------------------------------------------------------------
We estimate that there are approximately 86,100 \2\ portable tanks
and IBCs in the United States available for use by all modes of
transportation, based on information from the Department of
Transportation (DOT), Information Collection Request (ICR) (OMB Control
No. 2137-0018), Inspection and Testing of Portable Tanks and
Intermediate Bulk Containers. This ICR also reports that there are
approximately 8,770 entities that handle these 86,100 portable tanks at
an average of 9.8 tanks per entity (86,100 tanks/8,770 reporting
entities).
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\2\ U.S. Department of Transportation: Inspection and Testing of
Portable Tanks and Intermediate Bulk Containers (OMB: 2137-0018).
---------------------------------------------------------------------------
Within the maritime mode, portable tanks and IBCs are used by OSVs
to transport hazardous materials to and from offshore platforms
involved in the exploration and production of oil and natural gas. We
estimate that the 1,334 OSVs are owned by 402 companies.\3\
---------------------------------------------------------------------------
\3\ Of the 1,334 OSVs in the affected population, MISLE reports
ownership of 1,125, leaving 209 vessels with unidentified ownership
(1,334-1,125). The MISLE data for the 1,125 vessels with ownership
data shows that the average fleet size is 3.3 vessels per company.
Applying that average fleet size to the 209 vessels without
ownership data yields 63 companies (209/3.3). The estimated company
population is 402 companies (339 identified + 63 imputed).
---------------------------------------------------------------------------
Our estimates are based on the number of portable tanks provided in
the aforementioned ICRs. For special permits, the applicant only
specifies the mode, or multiple modes, of transportation, such as motor
vehicle, rail, or cargo vessel, that will be authorized by the permit.
For maritime-related permits, detail data of the industry, vessel type,
or vessel level is not submitted. Therefore, we apply the cross-
industry average of 9.8 tanks per entity, as described above, to
estimate the total number of portable tanks subject to this rulemaking.
With those inputs, we estimate that approximately 15 percent of all the
affected portable tanks are used by OSV owners and operators ((1,334
OSVs * 9.8 tanks per OSV)/86,100).
We request comments specifically on the accuracy of our estimate as
well as additional information that could improve the estimated number
of 9.8 tanks per OSV.
Current Industry Practice
The current Coast Guard-approved portable tanks are Intermodal (IM)
101s and 102s. As discussed in the Background section in this NPRM,
portable tank manufacturers, reacting to the harmonization of PHMSA's
HMR regulations with international standards established in 2003, are
no longer manufacturing IM 101 and IM 102 portable tanks. However, IM
101 and IM 102 portable tanks that were manufactured and approved by
PHMSA before January 1, 2003, may continue to be used in
transportation. Under 49 CFR part 180, subpart G, the IM 101 and IM 102
portable tanks must be inspected every 2[frac12] years and the results
of the inspection must be recorded on a tag attached to each tank.
Portable tanks that fail inspection must either be repaired and pass a
second inspection or be removed from service. Over time, the supply of
approved IM 101 and IM 102 portable tanks will diminish as the current
stock either fails inspection or is withdrawn from service because of
loss or damage. Owners of these tanks, who want to maintain their level
of activity in the market, will need to replace their old tanks with
IMO Type 1 or IMO Type 2 portable tanks, UN portable tanks, or IBCs, as
IM 101 and IM 102 tanks will no longer be available on the market.
[[Page 14332]]
Under the current Coast Guard regulations, owners wishing to
replace a lost IM 101 or IM 102 portable tank with an IMO Type 1 or IMO
Type 2 portable tank, a UN portable tank, or an IBC must apply to
PHMSA's AAHMS for a special permit or Competent Authority Approval.
Cost Savings
The Coast Guard analyzed the economic impact of the proposed rule
in these three areas: (1) Expansion of the list of allowed portable
tanks, (2) expansion of the list of allowed hazardous materials, and
(3) inspection and tagging. The Coast Guard concluded that the proposed
rule would impose no additional costs and would produce cost savings.
In the sections below we present our analysis of these areas and a
summary of the analysis.
(1) Expansion of the List of Allowed Portable Tanks
As presented earlier, in the absence of the proposed rule, as IM
101 and IM 102 portable tanks are phased out, vessel owners or
operators would need to obtain special permits or a Competent Authority
Approval in order to replace them with IMO Type 1 or IMO Type 2
portable tanks, UN portable tanks, or IBCs.
The DOT's ICR for Inspection and Testing of Portable Tanks and
Intermediate Bulk Containers (OMB Control Number: 2137-0018) estimates
that 300 tanks are manufactured each year that are on the list of
portable tanks approved by DOT for transport. This proposed rule would
approve the use of these tanks for transfer of hazardous materials to
and from OSVs. Therefore, we use this figure as the basis for
estimating the number of tanks that would require special permits or
Competent Authority Approvals per year. Applying the 15 percent share
of the population as calculated above, yields an estimate of 45
portable tanks and IBCs obtained annually by the OSV industry. As
stated above, each OSV handles approximately 9.8 tanks. Applying this
to the annual number of replacement tanks yields an average of 5
special permit or Competent Authority Approval requests for unapproved
portable tanks by OSV per year (45 tanks/9.8 tanks per OSV).
We used a 10-year forecast for our analysis. As the current rule
has been in effect since 2003, we assume that we can project the annual
estimate forward for the entire 10-year period. Our baseline then is 5
special permits or Competent Authority Approval per year for unapproved
portable tanks for a total of 50 over the forecast period.
In the absence of the proposed rule, OSV owners would need to apply
to PHMSA's AAHMS for a special permit or Competent Authority Approval
to use an IMO Type 1 or IMO Type 2 portable tank, UN portable tank, or
IBC to replace the lost IM 101 and IM 102 portable tanks. PHMSA
estimates that the cost to industry to prepare the special permit or
Competent Authority Approval is $1,010.\4\ By allowing this replacement
by rulemaking, instead of by special permit or Competent Authority
Approval, the proposed regulation would save industry $5,050 annually
(5 permits * $1,010 unit cost). Therefore, the 10-year cost savings
related to the reduction of special permits or Competent Authority
Approval is estimated at $50,500, undiscounted.
---------------------------------------------------------------------------
\4\ U.S. Department of Transportation: Inspection and Testing of
Portable Tanks and Intermediate Bulk Containers (OMB: 2137-0018).
---------------------------------------------------------------------------
(2) Expansion of the List of Allowed Hazardous Materials
The list of hazardous materials currently approved for transport in
portable tanks is found in existing 46 CFR 98.30-5. Currently, vessels
wishing to transport a material not on this list must apply to PHMSA's
AAHMS for a special permit or Competent Authority Approval. Under the
proposed rule, the three groups of materials referenced in proposed
redesignated 46 CFR 98.30-7 would be added to the list of allowed
materials.
Based on information provided in the DOT ICR (OMB Control Number:
2137-0051) Rulemaking, Special Permits, and Preemption Requirements,
there are approximately 144 special permit or Competent Authority
Approval requests per year. OSV owners and operators account for
approximately 4.6% of the entities owning portable tanks and IBCs (402/
8,770). Therefore, the total number of special permit or Competent
Authority Approval requests per year for unapproved hazardous materials
is estimated at 7 (4.6 percent of 144 requests).
Based on the same ICR, the administrative costs to prepare a
special permit or Competent Authority Approval request is estimated at
$1,010.\5\ Special permits or Competent Authority Approvals need to be
renewed every two to five years, depending on the hazardous material.
For the purpose of this analysis, we assume special permits or
Competent Authority Approvals would need to be renewed four times over
the 10-year period, with renewals starting in years 1, 4, 7, and 10.
Therefore, vessels not needing to file the 7 special permits or
Competent Authority Approvals would acquire total costs savings of
$7,070 ($1,010 unit cost * 7 Approvals) four times over the 10-year
period of analysis for a total of $28,280, undiscounted.
---------------------------------------------------------------------------
\5\ U.S. Department of Transportation: Rulemaking, Special
Permits and Preemption Requirements (OMB Control No. 2137-0051).
---------------------------------------------------------------------------
(3) Inspection and Tagging
The existing inspection and tagging regime is based on 2\1/2\-year
inspection cycles. The proposed rule would continue using that system
for IMO Type 1 and IMO Type 2 portable tanks, UN portable tanks and
IBCs. Thus, the proposed rule would not impose any additional
regulatory burdens in the area of inspection and tagging.
Summary of Cost Savings
As discussed above, there are no additional costs for inspection
and tagging. The other two areas we analyzed, expansion of the list of
allowed portable tanks and expansion of the list of allowed hazardous
materials, showed cost savings.
Table IV.A.3 presents the undiscounted cost savings of these two
areas over the 10-year forecast period.
Table IV.A.3--Summary of Undiscounted Cost Savings
----------------------------------------------------------------------------------------------------------------
Special permit Expansion of
or competent list of
authority hazardous Total
approval materials
----------------------------------------------------------------------------------------------------------------
Year Savings Savings Savings
----------------------------------------------------------------------------------------------------------------
1............................................................... $5,050 $7,070 $12,120
2............................................................... 5,050 0 5,050
[[Page 14333]]
3............................................................... 5,050 0 5,050
4............................................................... 5,050 7,070 12,120
5............................................................... 5,050 0 5,050
6............................................................... 5,050 0 5,050
7............................................................... 5,050 7,070 12,120
8............................................................... 5,050 0 5,050
9............................................................... 5,050 0 5,050
10.............................................................. 5,050 7,070 12,120
-----------------------------------------------
Total....................................................... 50,500 28,280 78,780
----------------------------------------------------------------------------------------------------------------
Table IV.A.4 presents the costs savings schedule at discounted
rates of 7 percent and 3 percent.
Table IV.A.4--Schedule of Discounted Cost Savings
----------------------------------------------------------------------------------------------------------------
Year Total savings 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $12,120 $11,327 $11,767
2............................................................... 5,050 4,411 4,760
3............................................................... 5,050 4,122 4,621
4............................................................... 12,120 9,246 10,768
5............................................................... 5,050 3,601 4,356
6............................................................... 5,050 3,365 4,229
7............................................................... 12,120 7,548 9,855
8............................................................... 5,050 2,939 3,987
9............................................................... 5,050 2,747 3,870
10.............................................................. 12,120 6,161 9,018
-----------------------------------------------
Total....................................................... 78,780 55,467 67,231
-----------------------------------------------
Annualized.................................................. .............. 7,897 7,882
----------------------------------------------------------------------------------------------------------------
At a 7 percent discount rate, the net savings is $55,467 across the
10-year estimate period and $7,882 annualized.
Benefits
The proposed rule would provide greater flexibility to industry by
increasing the number of approved types of portable tanks available for
use and increasing the list of pre-approved hazardous materials they
can transport. The elimination of the special permits or Competent
Authority Approvals would provide efficiency gains to industry by
reducing or removing the time associated with preparing a special
permit or Competent Authority Approval request and waiting for its
return prior to engaging in business activities. The removal of the
time burden associated with administrative procedures for special
permit or Competent Authority Approval applications would facilitate
quicker interactions between vessel operators and the manufacturers and
lessors of the approved portable tanks. Government would also benefit
from the reduced number of special permits or Competent Authority
Approvals to process. We also expect an increase in regulatory
efficiency, as we are harmonizing our regulations with international
standards.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
Entities are categorized by the North American Industry
Classification System (NAICS) codes.\6\ By using the United States
Small Business Administration (SBA) criteria for small businesses, the
associated NAICS codes, and the 2007 United States Economic Census
data,\7\ we are able to provide an overview of the OSV industry. We
reviewed the vessel ownership data used in the cost analyses and
determined that all of the owners of the OSVs are businesses, that is,
none are owned by not-for-profit organizations or governments. OSVs can
be classified under ``Navigational Services to Shipping'' (488330) and
``Natural gas liquid extraction'' (211112) industries. These industries
engage in a wide range of navigational shipping services including
cargo salvaging and oil
[[Page 14334]]
recovery.\8\ According to the aforementioned U.S. Census Bureau data,
approximately 85 percent of entities classified as ``Navigational
Services to Shipping'' are considered small.\9\ One hundred percent of
entities classified as ``Natural gas liquid extraction'' are considered
small, as there are no entities exceeding the 500 employee SBA size
standard.
---------------------------------------------------------------------------
\6\ Small business information can be accessed online at https://www.sba.gov/size/indextableofsize.html.
\7\ U.S. Census Bureau information can be accessed online at
https://factfinder.census.gov/servlet/DatasetMainPageServlet?_program=ECN&_tabId=ECN1&_submenuId=datasets_4&_lang=en&_ts=246366688395.
\8\ NAICS definitions can be accessed online at https://www.census.gov/econ/industry/def/d488330.htm and https://www.census.gov/econ/industry/def/d211112.htm, respectively.
\9\ 85% of these entities meet the $7 million in annual revenue
SBA size standard.
---------------------------------------------------------------------------
The Coast Guard expects that this proposed rule would not have a
significant economic impact on small entities. Furthermore, as
described in the ``Executive Order 12866 and Executive Order 13563''
section, we do not expect this proposed rule to result in additional
costs to industry. This proposed rule would reduce regulatory burdens
by eliminating the need for special permits or Competent Authority
Approvals for the specified portable tanks and hazardous materials and
thus generate an annual net savings to the industry. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
to the Docket Management Facility at the address under ADDRESSES. In
your comment, explain why you think it qualifies and how and to what
degree this rule would economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult LT Elizabeth
Newton, Office of Hazardous Material Standards, Coast Guard; telephone
202-372-1419, email Elizabeth.J.Newton@uscg.mil. The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a modification to an existing
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). It would modify existing Office of Management and
Budget (OMB) Collection of Information: OMB Control Number 2137-0051,
``Rulemaking, Special Permits, and Preemption Requirements.''
As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other similar actions. The title and description of the information
collection, a description of those who must collect the information,
and an estimate of the change in annual burden follow. The estimate
covers the time for preparing or renewing special permit or Competency
Authority Approval requests for carrying hazardous materials.
Title: Rulemaking, Special Permits, and Preemption Requirements.
OMB Control Number: 2137-0051.
This collection of information applies to rulemaking procedures
regarding PHMSA's HMR regulations. Specific areas covered in this
information collection include 49 CFR Part 105, Subpart A and Subpart
B, ``Hazardous Materials Program Definitions and General Procedures;''
49 CFR part 106, Subpart B, ``Participating in the Rulemaking
Process;'' 49 CFR part 107, Subpart C, ``Preemption;'' and 49 CFR Part
107, Subpart H, ``Approvals, Registrations and Submissions.'' The
proposed rule would expand the types of allowed portable tanks and
expand the list of allowed hazardous materials permitted in those
tanks. Under current regulations, the use of these tanks or the
transfer of the hazardous materials specified in the proposed rule
would require a special permit or Competent Authority Approval from
PHMSA's AAHMS. If the proposed rule becomes effective, these special
permits or Competent Authority Approvals would no longer be needed.
Eliminating these special permits or Competency Authority Approvals
would reduce the burden associated with the OMB Control Number 2137-
0051 by reducing the number of respondents, responses, and burden hours
associated with special permit or Competency Authority Approval
requests. We contacted DOT regarding this collection of information.
They validated our methodology and concurred that this proposed
rulemaking would impact the referenced ICR. However, they will defer
any adjustments to the ICR until the final rule is published.
Summary of Collection of Information: The proposed rule would
impact the burden associated with 49 CFR part 107, Subpart H,
``Approvals, Registrations and Submissions.'' The proposed rule would
eliminate the need for special permit or Competent Authority Approval
applications and therefore reduce the burden associated with that part
of the collection. As previously stated, we contacted DOT regarding
this collection of information.
Need for Information: Special permit or Competent Authority
Approval procedures provide the information required for analytical
purposes to determine if the requested relief provides for a comparable
level of safety as provided by PHMSA's HMR regulations.
Proposed Use of Information: The information collected under this
ICR is used in the review process by PHMSA in determining the merits of
the petitions for rulemakings and for reconsideration of rulemakings,
as well as applications for special permits or Competent Authority
Approvals, preemption determinations and waivers of preemption
determinations. This rulemaking would affect special permit or
Competent Authority Approval requests, which PHMSA's AAHMS would need
to determine the merits and use of the unallowed tanks.
Description of Respondents: The respondents impacted by this
proposed rule are owners and operators of OSVs requesting the use of
unauthorized portable tanks as well as owners and operators of OSVs
requesting approval to transport unauthorized hazardous material.
Number of Respondents: The number of respondents affected by this
ICR is 8,770. The number of respondents impacted by this proposed rule
would be 402 owners and operators of OSVs.
Frequency of Response: Without the proposed rule, we estimate each
respondent would have to provide a response every 2-5 years or one
response per ICR renewal cycle.
Burden of Response: The savings in burden hours per request is
estimated at
[[Page 14335]]
5.5 hours (five-hour special permit or Competent Authority Approval
requests + 0.5-hour recordkeeping).
Estimated Total Annual Burden: Currently, the ICR annual hour
burden is 4,219, of which 792 hours are the result of 144 special
permit or Competent Authority Approval requests per year. As IM 101 and
IM 102 portable tanks phase out, we expect an additional 5 special
permits or Competent Authority Approvals per year over the three year
ICR renewal period. This would add 27.5 future burden hours per year to
the current 4,219 approved hourly estimate. As this proposed rule would
eliminate the need for these special permit or Competent Authority
Approval requests, it would eliminate the future burden by 27.5 hours
per year. We estimate that expanding the list of hazardous materials
approved for transfer to and from the specified portable tanks and IBCs
would eliminate the filing of 7 special permits or Competent Authority
Approvals per 3-year ICR renewal cycle. At 5.5 hours per special permit
or Competent Authority Approval, this would be an additional reduction
of 38.5 hours of regulatory burden per 3-year period. We are
communicating with DOT regarding current estimates of special permit or
Competent Authority Approval requests and the associated burden hours.
Reason for Proposed Change: The proposed rule would eliminate the
need for special permit or Competent Authority Approval requests for
unauthorized portable tanks and IBCs as well as the unauthorized
transport of hazardous materials.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to the OMB for
its review of the collection of information.
E. 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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
F. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. Civil Justice Reform
This proposed 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.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866, as supplemented by
Executive Order 13563, and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
L. 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 proposed rule uses the following voluntary consensus standard:
International Maritime Dangerous Goods Code (IMDG) 2010 Edition,
Amendment 35-10, Section: 4.2.0.1. The proposed sections that reference
this standard and the locations of this standard are listed in proposed
46 CFR 98.30-2.
If you disagree with our use of the voluntary consensus standard
listed above or are aware of voluntary consensus standards that might
apply but are not listed, please send a comment to the docket using one
of the methods under ADDRESSES. In your comment, please explain why you
disagree with our use of this standard and/or identify voluntary
consensus standards the Coast Guard has not listed that might apply.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
action falls under section 2.B.2, figure 2-1, paragraph (34)(d) and (e)
of the Instruction and under section 6(a) of the ``Appendix to National
Environmental Policy Act: Coast Guard Procedures for Categorical
Exclusions, Notice of Final Agency Policy'' (67 FR 48243, July 23,
2002).
[[Page 14336]]
This proposed rule involves regulations concerning equipping of
vessels, regulations concerning equipment approval and carriage
requirements, and regulations concerning vessel operation safety
standards. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 46 CFR Part 98
Cargo vessels, Hazardous materials transportation, Incorporation by
Reference, Marine safety, Reporting and recordkeeping requirements,
Water pollution control.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR part 98 as follows:
PART 98--SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS
FOR CERTAIN DANGEROUS CARGOES IN BULK
1. The authority citation for part 98 continues to read as follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, 3307, 3703; 49 U.S.C.
App. 1804; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277;
Department of Homeland Security Delegation No. 0170.1.
Subpart 98.30--Portable Tanks and Intermediate Bulk Containers
2. Revise the heading for subpart 98.30 to read as set forth above.
3. Amend Sec. 98.30-1 as follows:
a. In paragraph (a), after the words ``portable tanks'', add the
words ``and Intermediate Bulk Containers (IBCs)'';
b. In paragraph (b) introductory text, after the words ``portable
tanks'', add the words ``and IBCs'';
c. In paragraph (b)(1), remove ``;'' and add, in its place, ``.'';
d. Revise paragraphs (b)(2) and (3); and
e. Add paragraph (b)(4).
The revisions and addition read as follows:
Sec. 98.30-1 Applicability.
* * * * *
(b) * * *
(2) An IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank.
(3) A portable tank authorized for hazardous materials by the
Associate Administrator for Hazardous Materials Safety (AAHMS) of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), under a
special permit or Competent Authority Approval issued in accordance
with 49 CFR part 107, subpart H.
(4) An IBC, but restricted to those metal IBCs as described in
Sec. 98.30-5 of this subpart.
Sec. 98.30-17 [Redesignated as Sec. 98.30-18]
4. Redesignate Sec. 98.30-17 as Sec. 98.30-18.
Sec. Sec. 98.30-13 through 98.30-15 [Redesignated as Sec. Sec.
98.30-15 through 98.30-17]
5. Redesignate Sec. Sec. 98.30-13 through 98.30-15 as Sec. Sec.
98.30-15 through 98.30-17, respectively.
Sec. Sec. 98.30-6 through 98.30-11 [Redesignated as Sec. Sec. 98.30-
9 through 98.30-14]
6. Redesignate Sec. Sec. 98.30-6 through 98.30-11 as Sec. Sec.
98.30-9 through 98.30-14, respectively.
Sec. 98.30-5 [Redesignated as Sec. 98.30-7]
7. Redesignate Sec. 98.30-5 as Sec. 98.30-7.
Sec. Sec. 98.30-2 through 98.30-4 Redesignated as Sec. Sec. 98.30-3
through 98.30-5]
8. Redesignate Sec. Sec. 98.30-2 through 98.30-4 as Sec. Sec.
98.30-3 through 98.30-5, respectively.
9. Add new Sec. 98.30-2 to read as follows:
Sec. 98.30-2 Incorporation by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available to
the public. All approved material is available for inspection at the
U.S. Coast Guard, Office of Design and Engineering Standards (CG-521),
2100 2nd St. SW., Stop 7126, Washington, DC 20593-7126, and is
available from the sources listed below. It is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) International Maritime Organization (IMO), 4 Albert Embankment,
London SE1 7SR, United Kingdom, https://www.imo.org.
(1) International Maritime Dangerous Goods (IMDG) Code, 2010
Edition Incorporating Amendment 35-10 Section: 4.2.0.1, IBR approved
for Sec. Sec. 98.30-3 and 98.30-5.
(2) [Reserved]
10. Revise newly redesignated Sec. 98.30-3 to read as follows:
Sec. 98.30-3 Definitions.
(a) IM 101 portable tank and IM 102 portable tank means a portable
tank constructed and approved by PMSA and manufactured on or before
January 1, 2003, that meets the requirements for continued use under 49
CFR 173.32.
(b) IMO Type 1 portable tank and IMO Type 2 portable tank means a
portable tank constructed in accordance with Amendment 35-10 to the
International Maritime Dangerous Goods (IMDG) Code (incorporated by
reference, see Sec. 98.30-2) and approved on or before July 1, 2003,
that meets the provisions for continued use under the IMDG Code.
(c) MPT means a marine portable tank that was inspected and stamped
by the Coast Guard on or before September 30, 1992, and that meets the
applicable requirements in this part and part 64 of this chapter.
(d) UN portable tank means a portable tank constructed in
accordance with 49 CFR 178.274 and 178.275, and approved in accordance
with 49 CFR 173.32 and 178.273.
(e) IBC means an intermediate bulk container as defined in 49 CFR
171.8.
11. In newly redesignated Sec. 98.30-5:
a. Revise paragraphs (a)(1), (a)(2) introductory text, and
(a)(2)(i);
b. In paragraph (a)(2)(ii), remove the word ``exemption'' and add
in its place the words ``special permit'';
c. Revise paragraph (b);
d. Redesignate paragraph (c) as paragraph (d) and revise it; and
e. Add new paragraph (c).
The revisions and addition read as follows:
Sec. 98.30-5 Vessels carrying portable tanks other than MPTs.
(a) * * *
(1) An IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable tank
authorized for its contents in accordance with 49 CFR 172.101,
Hazardous Materials Table, Columns 7 and 8C.
(2) A portable tank authorized by PHMSA's AAHMS under a special
permit or Competent Authority Approval issued in accordance with 49 CFR
part 107, subpart H.
(i) According to the terms of the special permit or Competent
Authority Approval, equivalent to an IM 101, IM 102, IMO Type 1, IMO
Type 2, or UN portable tank.
* * * * *
(b) Each IM 101, IM 102, or UN portable tank must be tested and
inspected in accordance with 49 CFR part 180, subpart G and follow
specifications in accordance with 49 CFR 178.275(c).
(c) Each IMO Type 1 or IMO Type 2 portable tank must be tested and
inspected in accordance with Amendment 35-10 to the IMDG Code
[[Page 14337]]
(incorporated by reference, see Sec. 98.30-2).
(d) Each portable tank authorized under a special permit or
Competent Authority Approval from PHMSA's AAHMS must be inspected,
tested, maintained, and used in accordance with the terms of that
special permit or Competent Authority Approval.
12. Add new Sec. 98.30-6 to read as follows:
Sec. 98.30-6 Vessels carrying IBCs.
Intermediate Bulk Containers (IBCs) with a classification of 31A
may be used on a vessel to which this part applies and must meet at a
minimum the following constructional requirements:
(a) The shell thickness must be a minimum 6.36 mm (0.25 inches) in
reference steel.
(b) There must be a self-closing relief valve set to open at no
less than 5 psig.
(c) Closures used on fill openings, in excess of 20 square inches,
must be equipped with a device to prevent them from fully opening
without first relieving internal pressure.
(d) All venting requirements must be followed in accordance with 49
CFR 178.345-10, Table 1.
13. In newly redesignated Sec. 98.30-7:
a. In paragraph (a)(1), remove the words ``or ``ORM-E'' '' and add
in their place the words `` ``hazardous substance'', or ``hazardous
waste'' '';
b. Revise paragraph (a)(2)(iii);
c. In paragraph (a)(3), after the words ``material listed in'', add
the words ``Table 98.30-7(a)--Certain Hazardous Materials Authorized
For Transfer To and From Portable Tanks'';
d. Remove Table 98.30-5(a) and add Table 98.30-7(a) in its place;
and
e. Revise paragraphs (b), (e), and (f).
The revisions and addition to read as follows:
Sec. 98.30-7 Materials authorized for transfer to and from a portable
tank.
(a) * * *
(2) * * *
(iii) Is authorized for transport in an IM 101, IM 102, IMO Type 1,
IMO Type 2, or UN portable tank under subpart F of 49 CFR part 173;
* * * * *
Table 98.30-7(a)--Certain Hazardous Materials Authorized for Transfer To
and From Portable Tanks
------------------------------------------------------------------------
-------------------------------------------------------------------------
Acetone
Alcohols; flash point of 80 [deg]F (27 [deg]C) or less by open-cup test
Benzene
Gasoline
Liquid Nitrogen
Mixtures of Hydrochloric acid and hydrofluoric acid containing not more
than 36 percent hydrochloric acid or 2 percent hydrofluoric acid \1\
Methyl Ethyl Ketone
Mixtures of hydrochloric acid and hydrofluoric acid containing not more
than 24 percent hydrochloric acid or 6 percent hydrofluoric acid\1\
Toluene (Toluol)
Corrosive liquid, toxic, N.O.S. (Mixtures of hydrochloric acid,
hydrofluoric acid, and fluoboric acid), UN 2922, packing group II,
containing not more than 11 percent hydrofluoric acid \1\
------------------------------------------------------------------------
Note:\1\ Each MPT must be lined with rubber or with material equally
acid-resistant and equally strong and durable.
(b) Grade D and Grade E combustible liquids with a flashpoint of
100 [deg]F (38 [deg]C) or higher by closed cup test that are not listed
by name in the Hazardous Materials Table of 49 CFR 172.101 may be
transferred to and from an MPT, IM 101, IM 102, IMO Type 1, IMO Type 2,
or UN portable tank conforming to the T Code ``T1'' specified in 49 CFR
172.102(c)(7)(i).
* * * * *
(e) Environmentally hazardous substances (see paragraph (a)(4) of
this section) may be transferred only to and from an MPT, IM 101, IM
102, IMO Type 1, IMO Type 2, or UN portable tank.
(f) A portable tank authorized for transfer of hazardous material
in this section may be substituted by another portable tank in
accordance with 49 CFR 173.32(b).
* * * * *
14. Add new Sec. 98.30-8 to read as follows:
Sec. 98.30-8 Materials authorized for transfer to and from an IBC.
Any hazardous material listed in Table 98.30-7(a) of Sec. 98.30-7
of this subpart may be transferred to and from an IBC under this
subpart, with the exception of Liquid Nitrogen.
15. Revise newly redesignated Sec. 98.30-9 to read as follows:
Sec. 98.30-9 Lifting a portable tank or IBC.
No person may lift a portable tank and/or IBC with another portable
tank and/or IBC.
Sec. 98.30-10 [Amended]
16. In newly redesignated Sec. 98.30-10, after the words
``portable tank'', add the words ``or IBC''.
17. In newly redesignated Sec. 98.30-12:
a. Revise the section heading;
b. In paragraph (a), after the words ``portable tank'', add the
words ``and/or IBC'';
c. In paragraph (b) introductory text, after the words ``portable
tank'', add the words ``and/or IBC''; and
d. Add paragraph (c).
The revision and addition read as follows:
Sec. 98.30-12 Stowage of portable tanks and IBCs.
* * * * *
(c) All IBCs must be secured as specified in 49 CFR 176.74.
18. In newly redesignated Sec. 98.30-13:
a. Redesignate the introductory text, paragraph (a), and paragraph
(b) as paragraphs (a) introductory text, (a)(1), and (a)(2),
respectively;
b. In newly redesignated paragraph (a) introductory text, after the
words ``portable tank'', add the words ``or IBC'';
c. Revise redesignated paragraph (a)(1); and
d. Add paragraphs (a)(3) and (b).
The revision and additions read as follows:
Sec. 98.30-13 Pipe connections, and filling and discharge openings.
(a) * * *
(1) For an IM 101, IM 102, IMO Type 1, IMO Type 2, or UN portable
tank, the closures specified in 49 CFR 178.275.
* * * * *
(3) For an IBC, the closures specified in 49 CFR 178.705.
(b) A manifold cannot be used when transferring a hazardous
material to or from a portable tank or IBC on board a vessel.
Sec. 98.30-15 [Amended]
19. In redesignated Sec. 98.30-15(a), after the words ``portable
tank'', add the words ``or IBC''.
20. In newly redesignated Sec. 98.30-16:
a. Revise the section heading;
b. In paragraph (a) introductory text, remove the word ``shall''
and add in its place the word ``must''; and
c. Add paragraph (c).
The revision and addition read as follows:
Sec. 98.30-16 Requirements for ships carrying NLSs in portable tanks
and IBCs.
* * * * *
(c) Any ship that carries NLSs in an IBC, as described in section
98.30-5 of this subpart, must meet all requirements in accordance with
46 CFR 125.120.
Sec. 98.30-18 [Amended]
21. In newly redesignated Sec. 98.30-18:
a. In paragraph (a) remove the word ``shall'' and add, in its
place, the word ``must'', and after the words ``portable tank'', add
the words ``or IBC''; and
[[Page 14338]]
b. In paragraph (b) introductory text, after the words ``portable
tank'', add the words ``or IBC'', and remove the word ``shall'', and
add, in its place, the word ``must''.
Sec. 98.30-19 [Amended]
22. In Sec. 98.30-19, in paragraphs (b) and (c), after the words
``portable tank'', add the words ``or IBC''.
Sec. 98.30-21 [Amended]
23. In Sec. 98.30-21, in the introductory text and paragraphs (b)
and (c), after the words ``portable tank'', add the words ``or IBC''.
Sec. 98.30-23 [Amended]
24. In Sec. 98.30-23, in the introductory text, after the words
``portable tank'', add the words ``or IBC''.
Sec. 98.30-25 [Amended]
25. In Sec. 98.30-25, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.30-27 [Amended]
26. In Sec. 98.30-27, in paragraph (a) introductory text, remove
the word ``shall'' and add, in its place, the word ``must''.
Sec. 98.30-29 [Amended]
27. In Sec. 98.30-29, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.30-31 [Amended]
28. In Sec. 98.30-31, in the introductory text, after the words
``portable tank or'', add the words ``IBC or''.
Sec. 98.30-33 [Amended]
29. In Sec. 98.30-33, in paragraph (a) introductory text and
paragraph (b), after the words ``portable tank'', add the words ``or
IBC''.
Sec. 98.30-35 [Amended]
30. In Sec. 98.30-35, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.30-37 [Amended]
31. In Sec. 98.30-37, in the introductory text, after the words
``portable tank or'', add the words ``or IBC''.
Subpart 98.33--Portable Tanks and IBCs for Certain Grade E
Combustible Liquids and Other Regulated Materials
32. Revise the heading for subpart 98.33 to read as set forth
above.
33. In Sec. 98.33-1:
a. Revise paragraph (b)(1) (including removal of the note);
b. Amend paragraph (b)(2) by removing ``; and'' and adding in its
place ``.''; and
c. Add paragraph (b)(4).
The revision and addition read as follows:
Sec. 98.33-1 Applicability.
* * * * *
(b) * * *
(1) A DOT-specification 57 portable tank constructed on or before
October 1, 1996, or a UN portable tank (see 49 CFR 173.32 and Sec.
98.30-3(d) of this part).
* * * * *
(4) An Intermediate Bulk Container (IBC), but restricted to those
metal IBCs as described in Sec. 98.30-5 of this subpart.
Sec. 98.33-3 [Amended]
34. In Sec. 98.33-3, in the introductory text, after the words
``portable tanks'', add the words ``or IBCs''.
35. In Sec. 98.33-5:
a. Revise the section heading;
b. Redesignate the introductory text, paragraph (a), and paragraph
(b) as paragraphs (a), (a)(1), and (a)(2), respectively; and
c. Add new paragraph (b).
The revision and addition read as follows:
Sec. 98.33-5 Portable tanks and IBCs authorized.
* * * * *
(b) The cargoes authorized under Sec. 98.33-3 may be transferred
to and from IBCs to which this subpart applies if the IBCs meet the
requirements in Sec. 98.30-5 of this part.
Sec. 98.33-7 [Amended]
36. In Sec. 98.33-7, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.33-9 [Amended]
37. In Sec. 98.33-9, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.33-11 [Amended]
38. In Sec. 98.33-11, in paragraphs (a) and (b), after the words
``portable tank'', add the words ``or IBC''.
Sec. 98.33-13 [Amended]
39. In Sec. 98.33-13, after the words ``portable tank'', add the
words ``or IBC''.
Sec. 98.33-15 [Amended]
40. In Sec. 98.33-15, in the introductory text, after the words
``portable tank'', add the words ``or IBC''.
Dated: February 10, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-5551 Filed 3-8-12; 8:45 am]
BILLING CODE 9110-04-P
