81 FR 20247 - Discharge Removal Equipment for Vessels Carrying Oil
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 67 (April 7, 2016)
Coast Guard
Federal Register Volume 81, Issue 67 (April 7, 2016)
| Page Range | 20247-20249 | |
| FR Document | 2016-07977 |
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)] [Rules and Regulations] [Pages 20247-20249] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07977] [[Page 20247]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 155 [Docket No. USCG-2011-0430, Formerly CGD-90-068] RIN 1625-AA02, Formerly RIN 2115-AD66 Discharge Removal Equipment for Vessels Carrying Oil AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is finalizing an interim rule that requires vessels carrying oil in bulk as cargo to carry discharge removal equipment, install spill prevention coamings, and install emergency towing arrangements. The rule also requires these vessels to have prearranged capability to calculate damage stability in the event of a casualty. By reducing the risk of oil spills, improving vessel oil spill response capabilities, and minimizing the impact of oil spills on the environment, this rulemaking promotes the Coast Guard's maritime safety and stewardship missions. DATES: This final rule is effective May 9, 2016. ADDRESSES: Comments and materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG-2011-0430 and are available using the Federal eRulemaking Portal. You can find this docket on the Internet by going to http://www.regulations.gov, inserting USCG-2011-0430 in the ``Keyword'' box, and then clicking ``Search.'' FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. David Du Pont, Office of Standards Evaluation and Development (CG-REG), U.S. Coast Guard; telephone 202-372-1497, or email [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Discussion of Comments and Changes V. Discussion of the Rule VI. Incorporation by Reference 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 DHS Department of Homeland Security DRE Discharge removal equipment E.O. Executive Order FR Federal Register NOI Notice of intent OPA 90 Oil Pollution Act of 1990 (Pub. L. 101-380, 104 Stat 484, August 18, 1990) Sec. Section U.S.C. United States Code VRP Vessel response plan II. Regulatory History This final rule was preceded by several rulemaking documents. On August 30, 1991, the Coast Guard published an advance notice of proposed rulemaking to solicit information to assist the Coast Guard in development of proposed rules that implement the Oil Pollution Act of 1990 \1\ (OPA 90) mandate for discharge removal equipment (DRE).\2\ On September 29, 1992, the Coast Guard published a notice of proposed rulemaking that proposed to establish DRE regulations.\3\ On December 22, 1993, the Coast Guard published an interim final rule (IFR) that established DRE requirements for on-deck spills, and also required vessels to install spill prevention coamings, to install emergency towing arrangements, and to have a prearranged capability to calculate damage stability in the event of a casualty.\4\ On March 27, 2012, the Coast Guard published a notice of intent (NOI) to finalize with request for comments.\5\ Several other rulemaking-related documents were published. For a complete list, see the Basis and Purpose section of the 2012 NOI. --------------------------------------------------------------------------- \1\ Public Law 101-380, 104 Stat. 484 (August 18, 1990). \2\ 56 FR 43534 (Aug. 30, 1991). \3\ 57 FR 44912 (Sept. 29, 1992). \4\ 58 FR 67988 (Dec. 22, 1993). \5\ 77 FR 18151 (Mar. 27, 2012). --------------------------------------------------------------------------- III. Basis and Purpose The legal basis for this rule is OPA 90 section 4202(a)(6), which amended section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) by, among other things, adding a new paragraph (6) to require vessels operating on the navigable waters of the United States and carrying oil or a hazardous substance in bulk as cargo to carry appropriate DRE on board. The purpose of this rule is to finalize the interim rule, which was intended to reduce the risk of oil spills, improve vessel oil spill response capabilities, and minimize the impact of oil spills on the environment. IV. Discussion of Comments and Changes The Coast Guard received one submission containing two individual comments in response to the NOI. No public meeting was requested and none was held. One comment supported finalizing the DRE rulemaking, and we agree with that view. One comment recommended that the Coast Guard require vessel response plans (VRP) and include DRE procedures and training in that requirement. While outside the scope of this rulemaking, we note that Coast Guard regulations already include VRP requirements that incorporate DRE procedures and training. In a separate rulemaking finalized in 1996, the Coast Guard issued VRP requirements for tank vessels (see 61 FR 1081 (January 12, 1996)). The VRP regulations include a requirement to develop procedures for the crew to deploy DRE (see 33 CFR 155.1035(c)(3)) and for the exercise of the entire response plan every 3 years (see 33 CFR 155.1060(a)(5)). This final rule makes no changes to the interim rule. V. Discussion of the Rule The Coast Guard is finalizing the interim rule we issued in 1993. The interim rule amended 33 CFR 155.140, incorporating third party references applicable to all of 33 CFR part 155, and added 33 CFR 155.200, 155.205, 155.210, 155.215, 155.220, 155.225, 155.230, 155.235, 155.240, and 155.245. It also amended 33 CFR 155.310. Sections 155.200 through 155.310 appear in part 155, subpart B, Vessel Equipment. The interim rule's regulations have been in place more than 20 years, and industry has long since been in compliance. Each of the sections added or amended by the interim rule has since been amended at least once by other rulemakings, in part to respond to public comments on the interim rule, but except as discussed below, each retains the general scope it had as a result of the interim rule. This final rule makes no changes to these sections, as subsequently amended. Section 155.200 provides definitions applicable to subpart B. The section was subsequently amended in 2002 and 2008. Section 155.205 requires oil tankers and offshore oil barges, with an overall length of 400 feet or more, to carry and have available for use equipment and supplies for containing and removing [[Page 20248]] on-deck oil cargo spills. The section was subsequently amended in 1998. Section 155.210 requires oil tankers and offshore oil barges, with an overall length of less than 400 feet, to carry and have available for use equipment and supplies for containing and removing on-deck oil cargo spills. The section was subsequently amended in 1998. Section 155.215 contains requirements for discharge containment and removal equipment and supplies on inland oil barges. The section was subsequently amended in 1998. Section 155.220 contains requirements for discharge containment and removal equipment and supplies on vessels carrying oil as a secondary cargo. The section was subsequently amended in 1998. Section 155.225 requires oil tankers and offshore oil barges to be properly equipped for the internal transfer of cargo to tanks or other spaces within the vessel's cargo block. The section was subsequently amended in 1998. Section 155.230 contains emergency towing capability requirements for offshore oil barges. Section 155.230, as subsequently amended in 2000, 2009, 2010, and 2014, now contains a range of control system requirements for all tank barges, including emergency towing capability requirements. Section 155.235, as subsequently amended in 1997 and 2009, contains emergency towing capability requirements for oil tankers of not less than 20,000 deadweight tons. Section 155.240 requires oil tankers and offshore oil barges to have access to onshore, computerized equipment to calculate a damaged vessel's stability and residual structural strength. The section was subsequently amended in 1998. Section 155.245 contains damage stability and residual strength requirements for inland oil barges. The section was subsequently amended in 1998. The amendment to Sec. 155.310 revised coaming and oil draining requirements to the section's oil discharge containment requirements. The section was subsequently amended in 1998. VI. Incorporation by Reference The interim rule (as amended) contains material incorporated by reference (IBR). The Director of the Federal Register previously approved all of this IBR material in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. VII. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes or E.O.s. A. Regulatory Planning and Review E.O.s 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This 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 (OMB) has not reviewed it under E.O. 12866. This rule finalizes the 1993 interim rule, and does not change or add new requirements to that rule or the subsequent amendments listed at the end of this document. Owners and operators have been in compliance since 1993 with the requirements this rule will finalize. The comments of the 2012 notice of intent required no change to the final rule. Therefore, the actual net costs of the final rule are zero. The Coast Guard has developed an updated analysis of the impacts of the DRE requirements compared against the pre-statutory baseline (1993). The intent of the updated analysis is to use the most up-to- date data to present an impact analysis had industry not complied with the 1993 IFR. A copy of the analysis is available in the docket where indicated under ADDRESSES. B. Small Entities Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. This rule finalizes the 1993 interim rule, and does not change or add new requirements. As a rule finalizing a previous interim rule, Regulatory Flexibility Act, 5 U.S.C. 601-612 requirements do not apply. Nonetheless, as the actual net costs of the final rule are zero, the Coast Guard believes that this rule will not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121, we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. This rule involves regulations concerning the equipping of vessels. 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 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 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. This rule is promulgated under the authority of OPA 90 Title IV, section 4202(a)(6), as codified in 33 U.S.C. 1321(j)(6). 33 U.S.C. 1321(o) contains a savings clause which states, ``Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requirement or liability with respect to the discharge of oil or hazardous substance into any waters within such [[Page 20249]] State, or with respect to any removal activities related to such discharge.'' Although generally vessel equipping, operation, and manning requirements are within the field foreclosed from regulation by the States, (see the Supreme Court's decision in United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000)), the Coast Guard believes that the savings clause in 33 U.S.C. 1321(o) is a limited exception to that general preemption principle. As long as the State discharge removal equipment requirement is in accordance with the principles of Locke (e.g., is limited to the regulation and protection of local waterways), it will not be preempted unless compliance with both State and Federal law is impossible, or when the State law stands as an obstacle to the accomplishment and execution of the full purposes and objective of Congress. The Coast Guard does not intend to preempt more stringent State discharge removal equipment requirements unless those requirements conflict with Coast Guard requirements. At this time, the Coast Guard has no knowledge of any conflicting State discharge removal equipment requirements. This rule also does not implicate those fields saved to certain State regulation under Sections 702 and 711 of the Coast Guard Authorization Act of 2010. Therefore, this rule is consistent with the principles of federalism and preemption requirements 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 would not create an environmental risk to health or risk to safety that might 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 would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this 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, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, 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 uses the voluntary consensus standards listed in 33 CFR 155.140. 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 not likely to have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, and figure 2-1, paragraph (34)(d) of the Instruction and 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 48243, 48245, July 23, 2002). This rule involves regulations concerning the equipping of vessels. In addition, it implements a Congressional mandate (section 4202(a) of OPA 90). 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 155 Alaska, Hazardous substances, Incorporation by reference, Oil pollution, Reporting and recordkeeping requirements. For the reasons discussed in the preamble, the interim rule amending 33 CFR part 155 that was published at 58 FR 67988 on December 22, 1993, and amended at: (a) 59 FR 3749 on January 26, 1994; (b) 61 FR 33666 on June 28, 1996; (c) 62 FR 51194 on September 30, 1997; (d) 63 FR 35531 on June 30, 1998; (e) 63 FR 71763 on December 30, 1998; (f) 64 FR 67176 on December 1, 1999; (g) 65 FR 31811 on May 19, 2000; (h) 67 FR 58524 on September 17, 2002; (i) 69 FR 18801 on April 9, 2004; (j) 73 FR 35015 on June 19, 2008; (k) 73 FR 79316 on December 29, 2008; (l) 73 FR 80648 on December 31, 2008; (m) 74 FR 45026 on August 31, 2009; (n) 75 FR 36285 on June 25, 2010; (o) 78 FR 13249 on February 27, 2013; (p) 78 FR 60122 on September 30, 2013; (q) 79 FR 38436 on July 17, 2014; and, (r) 80 FR 5934 on February 4, 2015. is adopted as a final rule without change. Dated: April 1, 2016. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2016-07977 Filed 4-6-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20247
DEPARTMENT OF HOMELAND H. Civil Justice Reform vessel oil spill response capabilities,
SECURITY I. Protection of Children and minimize the impact of oil spills on
J. Indian Tribal Governments the environment.
Coast Guard K. Energy Effects
L. Technical Standards IV. Discussion of Comments and
M. Environment Changes
33 CFR Part 155
I. Abbreviations The Coast Guard received one
[Docket No. USCG–2011–0430, Formerly
CGD–90–068] DHS Department of Homeland Security
submission containing two individual
DRE Discharge removal equipment comments in response to the NOI. No
RIN 1625–AA02, Formerly RIN 2115–AD66 E.O. Executive Order public meeting was requested and none
FR Federal Register was held.
Discharge Removal Equipment for NOI Notice of intent One comment supported finalizing
Vessels Carrying Oil OPA 90 Oil Pollution Act of 1990 (Pub. L. the DRE rulemaking, and we agree with
101–380, 104 Stat 484, August 18, 1990) that view.
AGENCY: Coast Guard, DHS. § Section One comment recommended that the
ACTION: Final rule. U.S.C. United States Code Coast Guard require vessel response
VRP Vessel response plan plans (VRP) and include DRE
SUMMARY: The Coast Guard is finalizing
an interim rule that requires vessels II. Regulatory History procedures and training in that
carrying oil in bulk as cargo to carry requirement. While outside the scope of
This final rule was preceded by
discharge removal equipment, install this rulemaking, we note that Coast
several rulemaking documents. On
spill prevention coamings, and install Guard regulations already include VRP
August 30, 1991, the Coast Guard
emergency towing arrangements. The requirements that incorporate DRE
published an advance notice of
rule also requires these vessels to have procedures and training. In a separate
proposed rulemaking to solicit
prearranged capability to calculate rulemaking finalized in 1996, the Coast
information to assist the Coast Guard in
damage stability in the event of a Guard issued VRP requirements for tank
development of proposed rules that
casualty. By reducing the risk of oil vessels (see 61 FR 1081 (January 12,
implement the Oil Pollution Act of
spills, improving vessel oil spill 1996)). The VRP regulations include a
1990 1 (OPA 90) mandate for discharge
response capabilities, and minimizing requirement to develop procedures for
removal equipment (DRE).2 On
the impact of oil spills on the the crew to deploy DRE (see 33 CFR
September 29, 1992, the Coast Guard
environment, this rulemaking promotes 155.1035(c)(3)) and for the exercise of
published a notice of proposed
the Coast Guard’s maritime safety and the entire response plan every 3 years
rulemaking that proposed to establish
stewardship missions. (see 33 CFR 155.1060(a)(5)).
DRE regulations.3 On December 22, This final rule makes no changes to
DATES: This final rule is effective May 9, 1993, the Coast Guard published an the interim rule.
2016. interim final rule (IFR) that established
ADDRESSES: Comments and materials DRE requirements for on-deck spills, V. Discussion of the Rule
received from the public, as well as and also required vessels to install spill The Coast Guard is finalizing the
documents mentioned in this preamble prevention coamings, to install interim rule we issued in 1993. The
as being available in the docket, are part emergency towing arrangements, and to interim rule amended 33 CFR 155.140,
of docket USCG–2011–0430 and are have a prearranged capability to incorporating third party references
available using the Federal eRulemaking calculate damage stability in the event applicable to all of 33 CFR part 155, and
Portal. You can find this docket on the of a casualty.4 On March 27, 2012, the added 33 CFR 155.200, 155.205,
Internet by going to http:// Coast Guard published a notice of intent 155.210, 155.215, 155.220, 155.225,
www.regulations.gov, inserting USCG– (NOI) to finalize with request for 155.230, 155.235, 155.240, and 155.245.
2011–0430 in the ‘‘Keyword’’ box, and comments.5 Several other rulemaking- It also amended 33 CFR 155.310.
then clicking ‘‘Search.’’ related documents were published. For Sections 155.200 through 155.310
FOR FURTHER INFORMATION CONTACT: If a complete list, see the Basis and appear in part 155, subpart B, Vessel
you have questions on this rule, call or Purpose section of the 2012 NOI. Equipment. The interim rule’s
email Mr. David Du Pont, Office of III. Basis and Purpose regulations have been in place more
Standards Evaluation and Development than 20 years, and industry has long
The legal basis for this rule is OPA 90 since been in compliance. Each of the
(CG–REG), U.S. Coast Guard; telephone
section 4202(a)(6), which amended sections added or amended by the
202–372–1497, or email
section 311(j) of the Federal Water interim rule has since been amended at
David.A.DuPont@uscg.mil.
Pollution Control Act (33 U.S.C. 1321(j)) least once by other rulemakings, in part
SUPPLEMENTARY INFORMATION: by, among other things, adding a new to respond to public comments on the
Table of Contents for Preamble paragraph (6) to require vessels interim rule, but except as discussed
operating on the navigable waters of the below, each retains the general scope it
I. Abbreviations
United States and carrying oil or a had as a result of the interim rule. This
II. Regulatory History
III. Basis and Purpose hazardous substance in bulk as cargo to final rule makes no changes to these
IV. Discussion of Comments and Changes carry appropriate DRE on board. sections, as subsequently amended.
V. Discussion of the Rule The purpose of this rule is to finalize Section 155.200 provides definitions
VI. Incorporation by Reference the interim rule, which was intended to applicable to subpart B. The section was
VII. Regulatory Analyses reduce the risk of oil spills, improve subsequently amended in 2002 and
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A. Regulatory Planning and Review
B. Small Entities 1 Public Law 101–380, 104 Stat. 484 (August 18,
2008.
C. Assistance for Small Entities 1990).
Section 155.205 requires oil tankers
D. Collection of Information 2 56 FR 43534 (Aug. 30, 1991). and offshore oil barges, with an overall
E. Federalism 3 57 FR 44912 (Sept. 29, 1992). length of 400 feet or more, to carry and
F. Unfunded Mandates Reform Act 4 58 FR 67988 (Dec. 22, 1993). have available for use equipment and
G. Taking of Private Property 5 77 FR 18151 (Mar. 27, 2012). supplies for containing and removing
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![Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20249
State, or with respect to any removal I. Protection of Children excluded under section 2.B.2, and figure
activities related to such discharge.’’ We have analyzed this rule under E.O. 2–1, paragraph (34)(d) of the Instruction
Although generally vessel equipping, 13045 (‘‘Protection of Children from and under section 6.b. of the ‘‘Appendix
operation, and manning requirements Environmental Health Risks and Safety to National Environmental Policy Act:
are within the field foreclosed from Risks’’). This rule is not an Coast Guard Procedures for Categorical
regulation by the States, (see the economically significant rule and would Exclusions, Notice of Final Agency
Supreme Court’s decision in United not create an environmental risk to Policy’’ (67 FR 48243, 48245, July 23,
States v. Locke and Intertanko v. Locke, health or risk to safety that might 2002). This rule involves regulations
529 U.S. 89, 120 S.Ct. 1135 (2000)), the disproportionately affect children. concerning the equipping of vessels. In
Coast Guard believes that the savings addition, it implements a Congressional
clause in 33 U.S.C. 1321(o) is a limited J. Indian Tribal Governments
mandate (section 4202(a) of OPA 90).
exception to that general preemption This rule does not have tribal An environmental analysis checklist
principle. As long as the State discharge implications under E.O. 13175 and a categorical exclusion
removal equipment requirement is in (‘‘Consultation and Coordination with
determination are available in the
accordance with the principles of Locke Indian Tribal Governments’’), because it
(e.g., is limited to the regulation and would not have a substantial direct docket where indicated under
ADDRESSES.
protection of local waterways), it will effect on one or more Indian tribes, on
not be preempted unless compliance the relationship between the Federal List of Subjects in 33 CFR Part 155
with both State and Federal law is Government and Indian tribes, or on the
impossible, or when the State law distribution of power and Alaska, Hazardous substances,
stands as an obstacle to the responsibilities between the Federal Incorporation by reference, Oil
accomplishment and execution of the Government and Indian tribes. pollution, Reporting and recordkeeping
full purposes and objective of Congress. K. Energy Effects requirements.
The Coast Guard does not intend to
We have analyzed this rule under E.O. For the reasons discussed in the
preempt more stringent State discharge
removal equipment requirements unless 13211 (‘‘Actions Concerning preamble, the interim rule amending 33
those requirements conflict with Coast Regulations That Significantly Affect CFR part 155 that was published at 58
Guard requirements. At this time, the Energy Supply, Distribution, or Use’’). FR 67988 on December 22, 1993, and
Coast Guard has no knowledge of any We have determined that it is not a amended at:
conflicting State discharge removal ‘‘significant energy action’’ under that (a) 59 FR 3749 on January 26, 1994;
equipment requirements. This rule also order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and (b) 61 FR 33666 on June 28, 1996;
does not implicate those fields saved to
certain State regulation under Sections is not likely to have a significant (c) 62 FR 51194 on September 30,
702 and 711 of the Coast Guard adverse effect on the supply, 1997;
Authorization Act of 2010. Therefore, distribution, or use of energy. (d) 63 FR 35531 on June 30, 1998;
this rule is consistent with the L. Technical Standards (e) 63 FR 71763 on December 30,
principles of federalism and preemption The National Technology Transfer 1998;
requirements in E.O. 13132. and Advancement Act, codified as a (f) 64 FR 67176 on December 1, 1999;
F. Unfunded Mandates Reform Act note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in (g) 65 FR 31811 on May 19, 2000;
The Unfunded Mandates Reform Act their regulatory activities unless the (h) 67 FR 58524 on September 17,
of 1995, 2 U.S.C. 1531–1538, requires agency provides Congress, through 2002;
Federal agencies to assess the effects of OMB, with an explanation of why using
their discretionary regulatory actions. In (i) 69 FR 18801 on April 9, 2004;
these standards would be inconsistent
particular, the Act addresses actions with applicable law or otherwise (j) 73 FR 35015 on June 19, 2008;
that may result in the expenditure by a impractical. Voluntary consensus (k) 73 FR 79316 on December 29,
State, local, or tribal government, in the standards are technical standards (e.g., 2008;
aggregate, or by the private sector of specifications of materials, performance,
$100,000,000 (adjusted for inflation) or (l) 73 FR 80648 on December 31,
design, or operation; test methods; 2008;
more in any one year. Though this rule sampling procedures; and related
will not result in such an expenditure, management systems practices) that are (m) 74 FR 45026 on August 31, 2009;
we do discuss the effects of this rule developed or adopted by voluntary (n) 75 FR 36285 on June 25, 2010;
elsewhere in this preamble. consensus standards bodies. This rule (o) 78 FR 13249 on February 27, 2013;
G. Taking of Private Property uses the voluntary consensus standards
listed in 33 CFR 155.140. (p) 78 FR 60122 on September 30,
This rule will not cause a taking of 2013;
private property or otherwise have M. Environment
(q) 79 FR 38436 on July 17, 2014; and,
taking implications under E.O. 12630 We have analyzed this rule under
(‘‘Governmental Actions and (r) 80 FR 5934 on February 4, 2015.
Department of Homeland Security
Interference with Constitutionally Management Directive 023–01 and is adopted as a final rule without
Protected Property Rights’’). Commandant Instruction M16475.lD, change.
which guide the Coast Guard in
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H. Civil Justice Reform Dated: April 1, 2016.
complying with the National J.G. Lantz,
This rule meets applicable standards Environmental Policy Act of 1969, 42
in sections 3(a) and 3(b)(2) of E.O. U.S.C. 4321–4370f, and have concluded Director of Commercial Regulations and
Standards, U.S. Coast Guard.
12988, (‘‘Civil Justice Reform’’), to that this action is not likely to have a
[FR Doc. 2016–07977 Filed 4–6–16; 8:45 am]
minimize litigation, eliminate significant effect on the human
ambiguity, and reduce burden. environment. This rule is categorically BILLING CODE 9110–04–P
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Document Created: 2016-04-06 23:44:13
Document Modified: 2016-04-06 23:44:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective May 9, 2016. | |
| Contact | If you have questions on this rule, call or email Mr. David Du Pont, Office of Standards Evaluation and Development (CG-REG), U.S. Coast Guard; telephone 202-372-1497, or email [email protected] | |
| FR Citation | 81 FR 20247 | |
| RIN Number | 1625-AA02 and 2115-AD66 | |
| CFR Associated | Alaska; Hazardous Substances; Incorporation by Reference; Oil Pollution and Reporting and Recordkeeping Requirements |
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