Double Hull Tanker Escorts on the Waters of Prince William Sound, Alaska, 33864-33867 [2014-13809]
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Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations
Point Floating (State Route 520 (SR
520)) Bridge across Lake Washington at
Seattle, WA. This deviation is necessary
to accommodate University of
Washington commencement ceremony
traffic. This deviation allows the bridge
to remain in the closed position to allow
safe movement of event participants.
DATES: This deviation is effective from
9:30 a.m. on June 14, 2014 to 6 p.m. on
June 14, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0447] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email
Steven.M.Fischer3@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation has requested that the
draw span of the Evergreen Point
Floating (SR 520) Bridge remain closed
to vessel traffic to accommodate
University of Washington
commencement ceremony traffic. This
deviation allows the bridge to remain in
the closed position to allow safe
movement of event participants. The
Evergreen Point Floating (SR 520)
Bridge provides three navigational
openings for vessel passage, the
movable floating span, subject to this
closure, and two fixed navigational
openings; one on the east end of the
bridge and one on the west end. The
fixed navigational opening on the east
end of the bridge provides a horizontal
clearance of 207 feet and a vertical
clearance of 57 feet. The opening on the
west end of the bridge provides a
horizontal clearance of 206 feet and a
vertical clearance of 44 feet. Vessels that
are able to safely pass through the fixed
navigational openings are allowed to do
so during this closure period. Under
normal conditions, during this time
frame, the bridge operates in accordance
with 33 CFR § 117.1049(a) which states
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the bridge shall open on signal if at least
two hours notice is given. This
deviation is effective from 9:30 a.m. on
June 14, 2014 to 6 p.m. on June 14,
2014. The deviation allows the floating
draw span of the SR 520 Lake
Washington Bridge to remain in the
closed position and need not open for
maritime traffic from 9:30 a.m. on June
14, 2014 to 6 p.m. on June 14, 2014. The
bridge shall operate in accordance to 33
CFR 117.1049(a) at all other times.
Waterway usage on the Lake
Washington Ship ranges from
commercial tug and barge to small
pleasure craft. Vessels able to pass
through the bridge in the closed
positions may do so at anytime. The
bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: June 2, 2014.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
Coast Guard Authorization Act of 2010
directed the Coast Guard to promulgate
regulations as soon as practicable to
ensure that tug escort requirements
apply to these double hull tankers.
DATES: This final rule is effective July
14, 2014.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2012–0975 and are
available for inspection or copying at
the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket online by going to
https://www.regulations.gov and
following the instructions on that Web
site.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Kevin Tone, Office of
Operating and Environmental
Standards, Coast Guard; telephone 202–
372–1441, email Kevin.P.Tone@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
AGENCY:
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments
VI. Discussion of the Rule
VII. Regulatory Analyses
A. Regulatory Planning and Review
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
ACTION:
I. Abbreviations
[FR Doc. 2014–13904 Filed 6–12–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 168
[Docket No. USCG–2012–0975]
RIN 1625–AB96
Double Hull Tanker Escorts on the
Waters of Prince William Sound,
Alaska
Coast Guard, DHS.
Final rule.
The Coast Guard is finalizing
the escort requirements for double hull
tankers over 5,000 gross tons
transporting oil in bulk on the waters of
Prince William Sound, Alaska (PWS).
This final rule mandates two tug escorts
for these tankers. The Coast Guard
previously published an interim rule on
August 19, 2013. Section 711 of the
SUMMARY:
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Act Coast Guard Authorization Act of 2010
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
GT Gross tons
NPRM Notice of proposed rulemaking
OPA 90 Oil Pollution Act of 1990 (Pub. L.
101–380, 104 Stat. 484)
PWS Prince William Sound, Alaska
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RFA Regulatory Flexibility Act of 1980 (5
U.S.C. 601–612)
§ Section symbol
U.S.C. United States Code
II. Regulatory History
On August 19, 2013, we published an
interim rule with request for comments
entitled ‘‘Double Hull Tanker Escorts on
the Waters of Prince William Sound,
Alaska’’ in the Federal Register (78 FR
50335). We received one comment on
the interim rule. No public meeting was
requested, and none was held.
III. Basis and Purpose
The basis of this rulemaking is section
711 of the Coast Guard Authorization
Act of 2010 (Pub. L. 111–281) (Act). In
section 711, Congress directed the Coast
Guard to revise its regulations to require
all double hull tankers over 5,000 gross
tons (GT) transporting oil in bulk in
Prince William Sound, Alaska (PWS) be
escorted by at least two towing vessels
or other vessels considered to be
appropriate by the Secretary. This
requirement is intended to increase the
protection of the environment and the
safety of vessels transiting PWS by
reducing the risk of groundings,
allisions, or collisions because escort
vessels are readily available to assist a
tanker in distress.
IV. Background
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Section 4116(c) of the Oil Pollution
Act of 1990 (Pub. L. 101–380, 104 Stat.
484)(OPA 90) required the two-vessel
escort system for single hull tank vessels
over 5,000 GT transporting oil in bulk
in PWS. These regulations are found in
33 CFR part 168. OPA 90 also mandated
the phase-out of single hull tank vessels
by January 1, 2015, and required that
newly built tank vessels be double
hulled.
With the phase-out of the single hull
tank vessels, there would have been no
requirement for any tank vessel to have
an escort. Section 711 of the Act
extended the escort system requirement
to double hull tank vessels over 5,000
GT transporting oil in bulk in PWS.
A double hull provides a tank vessel
with added protection from an oil spill
as a result of a hull breach due to a
grounding, allision, or collision. In the
double hull tanker, there is the outer
hull—the watertight body of the ship—
and a second inner hull a few feet
inboard, which creates a second layer of
watertight protection, to secure the
cargo if the outer hull is breached.
While double hull tank vessels provide
greater protection from oil spills
compared to single hull tank vessels,
with section 711 of the Act Congress
further increased the protection of the
environment and the safety of vessels
transiting PWS.
V. Discussion of Comments
The interim rule which published on
August 19, 2013, had a 90-day comment
period. We received several comments
from one commenter. One of the
comments was generally supportive of
the rule. The other comments were
outside the scope of this rulemaking.
VI. Discussion of the Rule
The purpose of the regulations in 33
CFR part 168, Escort Requirements for
Certain Tankers, is to reduce the risk of
oil spills from certain tankers over 5,000
GT by requiring that these tankers be
escorted by at least two suitable escort
vessels in applicable waters. The
applicable waters are defined in
§ 168.40 to include PWS.
The requirement for two escort
vessels has contributed to a reduction in
spill incidents because the escort
vessels are immediately available to
influence the tanker’s speed and course
in the event of a steering or propulsion
equipment failure, thereby reducing the
possibility of a grounding, allision, or
collision. This rule finalizes the part 168
regulations now in effect, which extend
the escort requirements to double hull
tankers over 5,000 GT transporting oil in
PWS. This rule codifies the established
industry practice for escorting double
hull tank vessels on transits in and out
of PWS.
This rule finalizes, without change,
revisions made by the interim rule to
three sections of 33 CFR part 168. We
finalize § 168.01 to make it clear that
part 168 now addresses escort vessels
for both double hull tankers and single
hull tankers. We finalize a definition of
the term double hull tanker in § 168.05.
This rule also finalizes § 168.20, the
applicability of part 168, to include
double hull tankers over 5,000 GT
transporting oil in bulk in PWS. All
other sections of part 168, including the
escort vessel performance and
operational requirements in § 168.50,
which includes prescribed transit
speeds and other maneuvering
parameters such as directional variances
for escort vessels, remain unchanged.
With this final rule, the Coast Guard is
finalizing the escort vessel requirements
of section 711 of the Act.
VII. Regulatory Analyses
We developed this final rule after
considering numerous statutes and
Executive Orders (E.O.s) related to this
rulemaking. Below we summarize our
analyses based on these statutes or
E.O.s.
A. Regulatory Planning and Review
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 final
rule is not a significant regulatory action
under section 3(f) of E.O. 12866 as
supplemented by E.O. 13563, and does
not require an assessment of potential
costs and benefits under section 6(a)(3)
of E.O. 12866. The Office of
Management and Budget has not
reviewed it under E.O. 12866.
Nonetheless, we developed an analysis
of the costs and benefits of the rule to
ascertain its probable impacts on
industry. The final Regulatory
Assessment follows:
We received no public comments,
additional information, or data that
would alter our assessment of the
interim rule. Therefore, we adopt the
Preliminary Regulatory Analysis for the
interim rule as final. A summary of that
analysis follows:
This rule finalizes the requirement for
a two-vessel escort system for double
hull tankers over 5,000 GT transporting
oil in bulk in PWS, as mandated by
section 711(b) of the Act.
Table 1 below summarizes the
impacts of the final rule.
TABLE 1—SUMMARY OF FINAL RULE IMPACTS
Category
Summary
Population ...........................................................
Costs ...................................................................
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—15 double hull tank vessels that transit PWS annually.
—One company that owns the 12 escort vessels in PWS.
None—codification of existing practice.
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Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations
TABLE 1—SUMMARY OF FINAL RULE IMPACTS—Continued
Category
Summary
Unquantified Benefits ..........................................
—Elimination of confusion within industry by harmonizing CFR with U.S.C.
—Codification of current industry practice ensures benefits of dual-vessel escort system in
PWS remain, including reduction of the risk of an oil spill by influencing a vessel’s speed
and course in the event of equipment failure or loss of steering and/or propulsion.
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Costs
OPA 90 requires the two-vessel escort
system for single hull vessels over 5,000
GT transporting oil in bulk in PWS.
However, single hull tankers are
currently being phased out in favor of
double hull tankers. Based on vessel
traffic data from the Coast Guard Marine
Safety Unit in Valdez, Alaska, no single
hull vessels have called on PWS since
2009.
Based on communications with the
Marine Safety Unit in Valdez, AK, as
well as the Vessel Traffic Service and
the Captain of the Port for that region,
we determined that it has been an
industry practice since 2008 that double
hull tankers be escorted by a two-vessel
escort system when in transit through
PWS. Currently, 15 double hull tank
vessels transit PWS annually and over
the last 5 years, double hull tank vessels
made an average of 250 port calls
annually on PWS. One company
operates the 12 tugs that participate in
the two-tug escort system in PWS.
Because this final rule will codify an
industry practice that has been in place
for over 5 years, we do not anticipate
that this final rule will impose
additional costs on the public or
industry, or alter industry behavior in
any way. Finally, we do not anticipate
that this final rule will impose new
costs on the Coast Guard or require the
Coast Guard to expend additional
resources.
Description of Alternatives
We considered two alternatives
(including the preferred alternative) in
the development of this rule. The key
factors that we evaluated in considering
each alternative included: (1) The
degree to which the alternative
comported with the congressional
mandate in section 711 of the Act; (2)
what benefits, if any, would be derived,
such as enhancement of personal and
environmental safety and security; and
(3) cost effectiveness. The alternatives
considered are as follows:
Alternative 1: Revise 33 CFR part 168
to include double hull tankers over
5,000 GT transporting oil in bulk in
PWS, but do not revise the existing
performance-based escort requirements
(preferred alternative). At present, the
industry practice being employed on the
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waters of PWS is two tug escorts of both
single and double hull tankers.
Implementation of this final rule will
codify current industry practice.
Alternative 2: Take no action.
Analysis of Alternatives
We chose Alternative 1, which
codifies current industry practice and
implements section 711 of the Act as
described in Section VI of the preamble
above. We chose to reject Alternative 2,
the ‘‘no action’’ alternative, because it
would not implement section 711 of the
Act.
Benefits
This final rule codifies the current
industry practice of a dual vessel escort
system in PWS. The primary benefit of
the final rule is eliminating confusion
within industry by harmonizing Coast
Guard regulations with the
congressional mandate in section 711 of
the Act. The practice of a dual vessel
escort system also results in safety and
environmental benefits, although these
benefits exist under current practice.
However, codification of the industry
practice ensures the continuing benefits
of the dual vessel escort system, which
is to reduce the risk of an oil spill by
ensuring the safe transit of tank vessels
over 5,000 GT transporting oil in bulk
in PWS. For PWS, we believe a twovessel escort system is beneficial in the
event of equipment failure such as the
loss of steering or propulsion. If a tanker
becomes disabled, the two escort vessels
can influence the speed and course of
the tanker, thereby reducing the
likelihood of an allision, collision, or
grounding. We reviewed allision,
collision, and grounding casualty data
for tank vessels in PWS over a 15-year
period from 1998 through 2012 and
found no casualty cases that involved a
double hull tank vessel. All of these
double hull vessels were escorted by a
two-vessel escort.
B. Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. However,
when an agency is not required to
publish a notice of proposed rulemaking
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(NPRM) for a rule, the RFA does not
require an agency to prepare a
regulatory flexibility analysis. The Coast
Guard was not required to publish an
NPRM for this rule for the reasons stated
in section III ‘‘Regulatory History’’ of the
interim rule and therefore is not
required to publish a regulatory
flexibility analysis.
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 rule so that they can
better evaluate its effects on them. If the
rule affects your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult Mr. Kevin
Tone, CG–OES, Coast Guard; telephone
202–372–1441, email
Kevin.P.Tone@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 rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E. Federalism
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
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this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132. Our analysis is explained
below.
As noted earlier in the preamble, this
rule implements section 711 of Public
Law 111–281 for PWS. With respect to
federalism, section 711(c) of Public Law
111–281 provides that nothing in the
Act or any other provision of Federal
law related to the regulation of maritime
transportation of oil should be
construed or interpreted as preempting
the authority of the State, or a political
subdivision thereof, from requiring
escort vessels to accompany tankers
transporting oil in bulk in PWS. This
rule does not have any federalism
implications as it has no effect on the
laws or regulations of the State of
Alaska. The rule has no preemptive
effect because the rule implements the
Congressional mandate. Furthermore,
this statute preserves the authority of
the State of Alaska to promulgate
additional requirements in PWS beyond
that required by this rule. Therefore,
this rule is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of E.O.
12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and
reduce burden.
I. Protection of Children
We have analyzed this rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
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significant rule and does not create an
environmental risk to health or risk to
safety that may disproportionately affect
children.
J. Indian Tribal Governments
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under E.O.
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 E.O. 12866 and is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this 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 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule is
categorically excluded under section
6(b) of the ‘‘Appendix to National
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33867
Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions,
Notice of Final Agency Policy,’’ (67 FR
48244, July 23, 2002). This rule involves
Congressionally-mandated regulations
designed to protect the environment,
specifically, regulations implementing
the requirements of the Act. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 168
Cargo vessels, Navigation (water), Oil
pollution, Water pollution control.
For the reasons discussed in the
preamble, the interim rule amending 33
CFR part 168 that was published at 78
FR 50335 on August 19, 2013, is
adopted as a final rule without change.
Dated: June 9, 2014.
J. G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2014–13809 Filed 6–12–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 761
[EPA–HQ–RCRA–2013–0396; FRL–9912–25–
OSWER]
RIN 2050–AG79
Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for
the Defense Logistics Agency (DLA)
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of Direct final rule
and Notice of Informal Hearing.
AGENCY:
On April 2, 2014, the U.S.
Environmental Protection Agency (EPA
or the agency) took direct final action on
a petition submitted by the U.S. Defense
Logistics Agency (DLA) to allow DLA to
import foreign-manufactured
polychlorinated biphenyls (PCBs) from
Japan effective on July 1, 2014, unless
EPA received adverse written comments
or a request to hold an informal hearing.
Because EPA received an adverse
comment, as well as a request for an
informal hearing, we are withdrawing
the direct final rule titled,
‘‘Polychlorinated Biphenyls (PCBs):
Manufacturing (Import) Exemption for
the Defense Logistics Agency (DLA).’’
This notice also announces the time and
location of that hearing.
DATES: Effective June 13, 2014, EPA
withdraws the direct final rule
SUMMARY:
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[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Rules and Regulations]
[Pages 33864-33867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13809]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 168
[Docket No. USCG-2012-0975]
RIN 1625-AB96
Double Hull Tanker Escorts on the Waters of Prince William Sound,
Alaska
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is finalizing the escort requirements for
double hull tankers over 5,000 gross tons transporting oil in bulk on
the waters of Prince William Sound, Alaska (PWS). This final rule
mandates two tug escorts for these tankers. The Coast Guard previously
published an interim rule on August 19, 2013. Section 711 of the Coast
Guard Authorization Act of 2010 directed the Coast Guard to promulgate
regulations as soon as practicable to ensure that tug escort
requirements apply to these double hull tankers.
DATES: This final rule is effective July 14, 2014.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2012-0975 and are available for inspection or
copying at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket online by going to https://www.regulations.gov and following the
instructions on that Web site.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Kevin Tone, Office of Operating and Environmental
Standards, Coast Guard; telephone 202-372-1441, email
Kevin.P.Tone@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Ms. Cheryl Collins, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments
VI. Discussion of the Rule
VII. Regulatory Analyses
A. Regulatory Planning and Review
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. Abbreviations
Act Coast Guard Authorization Act of 2010
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
GT Gross tons
NPRM Notice of proposed rulemaking
OPA 90 Oil Pollution Act of 1990 (Pub. L. 101-380, 104 Stat. 484)
PWS Prince William Sound, Alaska
[[Page 33865]]
RFA Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612)
Sec. Section symbol
U.S.C. United States Code
II. Regulatory History
On August 19, 2013, we published an interim rule with request for
comments entitled ``Double Hull Tanker Escorts on the Waters of Prince
William Sound, Alaska'' in the Federal Register (78 FR 50335). We
received one comment on the interim rule. No public meeting was
requested, and none was held.
III. Basis and Purpose
The basis of this rulemaking is section 711 of the Coast Guard
Authorization Act of 2010 (Pub. L. 111-281) (Act). In section 711,
Congress directed the Coast Guard to revise its regulations to require
all double hull tankers over 5,000 gross tons (GT) transporting oil in
bulk in Prince William Sound, Alaska (PWS) be escorted by at least two
towing vessels or other vessels considered to be appropriate by the
Secretary. This requirement is intended to increase the protection of
the environment and the safety of vessels transiting PWS by reducing
the risk of groundings, allisions, or collisions because escort vessels
are readily available to assist a tanker in distress.
IV. Background
Section 4116(c) of the Oil Pollution Act of 1990 (Pub. L. 101-380,
104 Stat. 484)(OPA 90) required the two-vessel escort system for single
hull tank vessels over 5,000 GT transporting oil in bulk in PWS. These
regulations are found in 33 CFR part 168. OPA 90 also mandated the
phase-out of single hull tank vessels by January 1, 2015, and required
that newly built tank vessels be double hulled.
With the phase-out of the single hull tank vessels, there would
have been no requirement for any tank vessel to have an escort. Section
711 of the Act extended the escort system requirement to double hull
tank vessels over 5,000 GT transporting oil in bulk in PWS.
A double hull provides a tank vessel with added protection from an
oil spill as a result of a hull breach due to a grounding, allision, or
collision. In the double hull tanker, there is the outer hull--the
watertight body of the ship--and a second inner hull a few feet
inboard, which creates a second layer of watertight protection, to
secure the cargo if the outer hull is breached. While double hull tank
vessels provide greater protection from oil spills compared to single
hull tank vessels, with section 711 of the Act Congress further
increased the protection of the environment and the safety of vessels
transiting PWS.
V. Discussion of Comments
The interim rule which published on August 19, 2013, had a 90-day
comment period. We received several comments from one commenter. One of
the comments was generally supportive of the rule. The other comments
were outside the scope of this rulemaking.
VI. Discussion of the Rule
The purpose of the regulations in 33 CFR part 168, Escort
Requirements for Certain Tankers, is to reduce the risk of oil spills
from certain tankers over 5,000 GT by requiring that these tankers be
escorted by at least two suitable escort vessels in applicable waters.
The applicable waters are defined in Sec. 168.40 to include PWS.
The requirement for two escort vessels has contributed to a
reduction in spill incidents because the escort vessels are immediately
available to influence the tanker's speed and course in the event of a
steering or propulsion equipment failure, thereby reducing the
possibility of a grounding, allision, or collision. This rule finalizes
the part 168 regulations now in effect, which extend the escort
requirements to double hull tankers over 5,000 GT transporting oil in
PWS. This rule codifies the established industry practice for escorting
double hull tank vessels on transits in and out of PWS.
This rule finalizes, without change, revisions made by the interim
rule to three sections of 33 CFR part 168. We finalize Sec. 168.01 to
make it clear that part 168 now addresses escort vessels for both
double hull tankers and single hull tankers. We finalize a definition
of the term double hull tanker in Sec. 168.05. This rule also
finalizes Sec. 168.20, the applicability of part 168, to include
double hull tankers over 5,000 GT transporting oil in bulk in PWS. All
other sections of part 168, including the escort vessel performance and
operational requirements in Sec. 168.50, which includes prescribed
transit speeds and other maneuvering parameters such as directional
variances for escort vessels, remain unchanged. With this final rule,
the Coast Guard is finalizing the escort vessel requirements of section
711 of the Act.
VII. Regulatory Analyses
We developed this final rule after considering numerous statutes
and Executive Orders (E.O.s) related to this rulemaking. Below we
summarize our analyses based on these statutes or E.O.s.
A. Regulatory Planning and Review
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 final rule is not a significant regulatory
action under section 3(f) of E.O. 12866 as supplemented by E.O. 13563,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of E.O. 12866. The Office of Management and
Budget has not reviewed it under E.O. 12866. Nonetheless, we developed
an analysis of the costs and benefits of the rule to ascertain its
probable impacts on industry. The final Regulatory Assessment follows:
We received no public comments, additional information, or data
that would alter our assessment of the interim rule. Therefore, we
adopt the Preliminary Regulatory Analysis for the interim rule as
final. A summary of that analysis follows:
This rule finalizes the requirement for a two-vessel escort system
for double hull tankers over 5,000 GT transporting oil in bulk in PWS,
as mandated by section 711(b) of the Act.
Table 1 below summarizes the impacts of the final rule.
Table 1--Summary of Final Rule Impacts
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Population................... --15 double hull tank vessels that
transit PWS annually.
--One company that owns the 12 escort
vessels in PWS.
Costs........................ None--codification of existing practice.
[[Page 33866]]
Unquantified Benefits........ --Elimination of confusion within
industry by harmonizing CFR with U.S.C.
--Codification of current industry
practice ensures benefits of dual-vessel
escort system in PWS remain, including
reduction of the risk of an oil spill by
influencing a vessel's speed and course
in the event of equipment failure or
loss of steering and/or propulsion.
------------------------------------------------------------------------
Costs
OPA 90 requires the two-vessel escort system for single hull
vessels over 5,000 GT transporting oil in bulk in PWS. However, single
hull tankers are currently being phased out in favor of double hull
tankers. Based on vessel traffic data from the Coast Guard Marine
Safety Unit in Valdez, Alaska, no single hull vessels have called on
PWS since 2009.
Based on communications with the Marine Safety Unit in Valdez, AK,
as well as the Vessel Traffic Service and the Captain of the Port for
that region, we determined that it has been an industry practice since
2008 that double hull tankers be escorted by a two-vessel escort system
when in transit through PWS. Currently, 15 double hull tank vessels
transit PWS annually and over the last 5 years, double hull tank
vessels made an average of 250 port calls annually on PWS. One company
operates the 12 tugs that participate in the two-tug escort system in
PWS.
Because this final rule will codify an industry practice that has
been in place for over 5 years, we do not anticipate that this final
rule will impose additional costs on the public or industry, or alter
industry behavior in any way. Finally, we do not anticipate that this
final rule will impose new costs on the Coast Guard or require the
Coast Guard to expend additional resources.
Description of Alternatives
We considered two alternatives (including the preferred
alternative) in the development of this rule. The key factors that we
evaluated in considering each alternative included: (1) The degree to
which the alternative comported with the congressional mandate in
section 711 of the Act; (2) what benefits, if any, would be derived,
such as enhancement of personal and environmental safety and security;
and (3) cost effectiveness. The alternatives considered are as follows:
Alternative 1: Revise 33 CFR part 168 to include double hull
tankers over 5,000 GT transporting oil in bulk in PWS, but do not
revise the existing performance-based escort requirements (preferred
alternative). At present, the industry practice being employed on the
waters of PWS is two tug escorts of both single and double hull
tankers. Implementation of this final rule will codify current industry
practice.
Alternative 2: Take no action.
Analysis of Alternatives
We chose Alternative 1, which codifies current industry practice
and implements section 711 of the Act as described in Section VI of the
preamble above. We chose to reject Alternative 2, the ``no action''
alternative, because it would not implement section 711 of the Act.
Benefits
This final rule codifies the current industry practice of a dual
vessel escort system in PWS. The primary benefit of the final rule is
eliminating confusion within industry by harmonizing Coast Guard
regulations with the congressional mandate in section 711 of the Act.
The practice of a dual vessel escort system also results in safety and
environmental benefits, although these benefits exist under current
practice. However, codification of the industry practice ensures the
continuing benefits of the dual vessel escort system, which is to
reduce the risk of an oil spill by ensuring the safe transit of tank
vessels over 5,000 GT transporting oil in bulk in PWS. For PWS, we
believe a two-vessel escort system is beneficial in the event of
equipment failure such as the loss of steering or propulsion. If a
tanker becomes disabled, the two escort vessels can influence the speed
and course of the tanker, thereby reducing the likelihood of an
allision, collision, or grounding. We reviewed allision, collision, and
grounding casualty data for tank vessels in PWS over a 15-year period
from 1998 through 2012 and found no casualty cases that involved a
double hull tank vessel. All of these double hull vessels were escorted
by a two-vessel escort.
B. Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. However, when an
agency is not required to publish a notice of proposed rulemaking
(NPRM) for a rule, the RFA does not require an agency to prepare a
regulatory flexibility analysis. The Coast Guard was not required to
publish an NPRM for this rule for the reasons stated in section III
``Regulatory History'' of the interim rule and therefore is not
required to publish a regulatory flexibility analysis.
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 rule so that they can better evaluate
its effects on them. If the rule affects your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult Mr.
Kevin Tone, CG-OES, Coast Guard; telephone 202-372-1441, email
Kevin.P.Tone@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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed
[[Page 33867]]
this rule under that Order and have determined that it is consistent
with the fundamental federalism principles and preemption requirements
described in E.O. 13132. Our analysis is explained below.
As noted earlier in the preamble, this rule implements section 711
of Public Law 111-281 for PWS. With respect to federalism, section
711(c) of Public Law 111-281 provides that nothing in the Act or any
other provision of Federal law related to the regulation of maritime
transportation of oil should be construed or interpreted as preempting
the authority of the State, or a political subdivision thereof, from
requiring escort vessels to accompany tankers transporting oil in bulk
in PWS. This rule does not have any federalism implications as it has
no effect on the laws or regulations of the State of Alaska. The rule
has no preemptive effect because the rule implements the Congressional
mandate. Furthermore, this statute preserves the authority of the State
of Alaska to promulgate additional requirements in PWS beyond that
required by this rule. Therefore, this rule is consistent with the
fundamental federalism principles and preemption requirements described
in E.O. 13132.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not create an environmental risk
to health or risk to safety that may disproportionately affect
children.
J. Indian Tribal Governments
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under E.O. 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 E.O. 12866 and is not likely to have a significant adverse effect
on the supply, distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this 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 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 6(b) of the ``Appendix to
National Environmental Policy Act: Coast Guard Procedures for
Categorical Exclusions, Notice of Final Agency Policy,'' (67 FR 48244,
July 23, 2002). This rule involves Congressionally-mandated regulations
designed to protect the environment, specifically, regulations
implementing the requirements of the Act. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 168
Cargo vessels, Navigation (water), Oil pollution, Water pollution
control.
For the reasons discussed in the preamble, the interim rule
amending 33 CFR part 168 that was published at 78 FR 50335 on August
19, 2013, is adopted as a final rule without change.
Dated: June 9, 2014.
J. G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2014-13809 Filed 6-12-14; 8:45 am]
BILLING CODE 9110-04-P
