[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Proposed Rules]
[Pages 2800-2801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01593]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 155
[Docket Number USCG-1998-4354]
RIN 1625-AA13 and 2115-AE88
Tank Vessel Response Plans for Hazardous Substances
AGENCY: Coast Guard, DHS.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking entitled ``Tank Vessel Response Plans for Hazardous
Substances'' that we published on March 22, 1999. The Coast Guard is
withdrawing this rulemaking based on findings that the proposed rules
are no longer appropriate to the current state of spill response in the
chemical industry.
DATES: The notice of proposed rulemaking published March 22, 1999, at
64 FR 13734, is withdrawn as of February 8, 2019.
ADDRESSES: The docket for this withdrawn rulemaking is available by
searching docket number USCG-1998-4354 using the Federal portal at
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of withdrawal, call or email Mr. Christopher Friese, Commercial
Vessel Safety Specialist, Office of Marine Environmental Response
Policy (CG-MER-1), Coast Guard; telephone 202-372-1227.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
FR Federal Register
NPRM Notice of Proposed Rulemaking
OPA 90 Oil Pollution Act of 1990
CTAC Chemical Transportation Advisory Committee
II. Background
The Clean Water Act,\1\ as amended by section 4202(a)(6) of the Oil
Pollution Act of 1990 (OPA 90),\2\ requires owners or operators of tank
vessels, offshore facilities, and onshore facilities to prepare
response plans to mitigate spills of both oils and hazardous
substances. These plans must address measures to respond, to the
maximum extent practicable, to a worst-case discharge or a substantial
threat of such a discharge, of oil or a hazardous substance into or on
navigable waters, adjoining shorelines, or the exclusive economic zone
of the United States. The primary purpose of requiring response plans
is to minimize the impact of a discharge of oil or hazardous substances
into the navigable waters of the United States.
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\1\ 33 U.S.C. 1321(j)(5).
\2\ Public Law 101-380, 104 Stat. 484.
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On May 3, 1996, we published an advance notice of proposed
rulemaking soliciting public input on regulations concerning response
plans for certain tank vessels and marine transportation-related
facilities (61 FR 20083), and subsequently held two public meetings on
the subject that were announced in the Federal Register (61 FR 34775).
On March 22, 1999, we published a notice of proposed rulemaking (NPRM)
in the Federal Register entitled ``Tank Vessel Response Plans for
Hazardous Substances'' (64 FR 13734). In the NPRM, we proposed
regulations that would require response plans for certain tank vessels
operating on the navigable waters of the United States. The Coast Guard
received feedback from concerned citizens, commercial entities, and
trade associations regarding the proposed rulemaking. These comments
were made available in the docket. Since then, further analysis by the
Coast Guard and the Chemical Transportation Advisory Committee (CTAC)
has shown that implementation of the proposed rules as structured in
the 1999 NPRM would not significantly increase response effectiveness
at this time.
CTAC also identified many areas in which the NPRM may overlap with
existing local, state, and international regulatory schemes as well as
current industry practice. The International Maritime Organization's
Shipboard Marine Pollution Emergency Plan already requires all foreign
flagged vessels and U.S. vessels on international routes carrying
noxious liquid substance cargos, to develop and implement spill
response plans. U.S. flagged vessels and foreign flag vessels calling
on ports or places in the U.S. and carrying oil in bulk as cargo or
using oil as fuel for main propulsion, must comply with the Coast
Guard's Vessel Response Plan requirements.\3\ Although these
requirements address planning for oil spill response, many of these
practices may also be applied to hazardous substance responses. Vessels
also must comply with numerous state response planning requirements
when operating in state waters. The Coast Guard is concerned the
proposed rules may create redundancy with some existing rules and be
unnecessary due to industry's increased awareness and readiness since
OPA 90 was passed. Between the above-mentioned
[[Page 2801]]
regulations already in place for oil spill response, industry
initiatives such as the American Chemistry Council's Responsible Care
and the American Waterways Operators' Responsible Carrier programs, and
the sustainability policies of individual companies, CTAC was unable to
identify large gaps in hazardous substance spill response planning for
vessels that would be improved by the 1999 proposed rulemaking.
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\3\ 33 CFR part 155, subpart D.
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III. Withdrawal
The Coast Guard is withdrawing its proposed rulemaking in order to
better analyze the current spill response capabilities of the chemical
industry and gaps in the current regulatory regime before conducting
any further rulemaking on hazardous substance response plans for tank
vessels. While the Coast Guard remains committed to fulfilling its OPA
90 mandate, we believe the proposed rules are no longer appropriate in
their 1999 form.
The Coast Guard has determined that withdrawing the proposed rule
is appropriate based on findings that the 1999 proposed rules are no
longer applicable to the current state of spill response in the
chemical industry. Accordingly, the Coast Guard is withdrawing the
``Tank Vessel Response Plans for Hazardous Substances'' proposed
rulemaking published March 22, 1999 (64 FR 13734).
IV. Executive Order 13771
The withdrawal of the NPRM qualifies as a deregulatory action under
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs), which directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.'' See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).
Dated: February 4, 2019.
Anthony J. Vogt,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response
Policy.
[FR Doc. 2019-01593 Filed 2-7-19; 8:45 am]
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