Double Hull Tanker Escorts on the Waters of Prince William Sound, Alaska, 33864-33867 [2014-13809]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 33864 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 http://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 VerDate Mar<15>2010 16:24 Jun 12, 2014 Jkt 232001 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 http://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: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations 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 mstockstill on DSK4VPTVN1PROD with RULES 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 ................................................................... VerDate Mar<15>2010 16:24 Jun 12, 2014 Jkt 232001 —15 double hull tank vessels that transit PWS annually. —One company that owns the 12 escort vessels in PWS. None—codification of existing practice. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 33865 E:\FR\FM\13JNR1.SGM 13JNR1 33866 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. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:24 Jun 12, 2014 Jkt 232001 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (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 E:\FR\FM\13JNR1.SGM 13JNR1 Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:24 Jun 12, 2014 Jkt 232001 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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: E:\FR\FM\13JNR1.SGM 13JNR1

Agencies

[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.

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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 http://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