81_FR_9011 81 FR 8976 - Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk

81 FR 8976 - Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8976-8978
FR Document2016-03674

The Coast Guard announces that it has withdrawn the October 30, 2013, proposed policy letter concerning the carriage of shale gas extraction waste water (SGEWW) in bulk via barge. The policy letter proposed a new standardized process and specified conditions under which a barge owner could request and be granted a Certificate of Inspection endorsement or letter allowing the barge to transport SGEWW in bulk. That proposed policy is withdrawn and no new policy is proposed at this time. Barge owners may continue to request case-by-case approval to transport SGEWW under current regulations by providing recent detailed chemical composition, environmental analyses, and other information for each individual tank barge load. The Coast Guard will consider instituting a standardized process for transporting SGEWW in bulk after it has assessed whether current regulations are inadequate to handle requests for transport of SGEWW in bulk and environmental impacts that may be associated with SGEWW transport by barge.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8976-8978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03674]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0915]
RIN 1625-ZA31


Carriage of Conditionally Permitted Shale Gas Extraction Waste 
Water in Bulk

AGENCY: Coast Guard, DHS.

ACTION: Notice of withdrawal.

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SUMMARY: The Coast Guard announces that it has withdrawn the October 
30, 2013, proposed policy letter concerning the carriage of shale gas 
extraction waste water (SGEWW) in bulk via barge. The policy letter 
proposed a new standardized process and specified conditions under 
which a barge owner could request and be granted a Certificate of 
Inspection endorsement or letter allowing the barge to transport SGEWW 
in bulk. That proposed policy is withdrawn and no new policy is 
proposed at this time. Barge owners may

[[Page 8977]]

continue to request case-by-case approval to transport SGEWW under 
current regulations by providing recent detailed chemical composition, 
environmental analyses, and other information for each individual tank 
barge load. The Coast Guard will consider instituting a standardized 
process for transporting SGEWW in bulk after it has assessed whether 
current regulations are inadequate to handle requests for transport of 
SGEWW in bulk and environmental impacts that may be associated with 
SGEWW transport by barge.

DATES: The proposed policy letter was withdrawn February 23, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Dr. Cynthia A. Znati, Office of Design and Engineering 
Standards, Hazardous Materials Division, U.S. Coast Guard; telephone 
202-372-1412, email [email protected].

SUPPLEMENTARY INFORMATION:

General Discussion

    This notice is issued under the authority of 5 U.S.C. 552(a). On 
October 30, 2013, the Coast Guard published a proposed policy letter 
and requested comments on a new standardized process including the 
specific carriage conditions for the transport of shale gas extraction 
waste water (SGEWW) in bulk via barge (78 FR 64905). The proposed 
policy would have set out a process for performing chemical analyses of 
each load of SGEWW, a radiation survey of each barge before any 
personnel entered the barge and before changing from SGEWW to another 
cargo, and tank venting to prevent accumulation of radon. It also would 
have described limits on radioactivity concentration and consignment 
activity (effectively, limits on emission of radiation) for SGEWW 
cargoes.
    We proposed the policy letter in response to the rapid development 
in recent years of horizontal drilling and hydraulic fracturing 
(commonly known as ``fracking'') that produce large volumes of shale 
gas and oil in the northern Appalachian Mountains. This fracking 
produces large amounts of SGEWW, some of which may contain hazardous 
materials including radioactive isotopes. Transport of SGEWW by vessel 
falls under the Coast Guard's existing regulations for bulk liquid 
hazardous material and requires specific, case-by-case permission. We 
explain these regulations in more detail, below.
    In 2011 a tank barge owner asked the Coast Guard for permission to 
transport SGEWW by tank barge. Anticipating that this would be the 
first of many requests, the Coast Guard proposed a standardized 
national policy to replace the case-by-case process which might have 
led to delays in processing those requests. (We have not received 
significant interest from industry, however, which is one of the 
reasons we are withdrawing the proposed policy.) The notice announcing 
the policy letter provided a 30-day public comment period. We received 
70,115 comments in response to the notice and proposed policy letter. 
These comments are generally described below, with our responses, in 
the section titled ``Comments Received.''
    We are now withdrawing the proposed policy. This notice officially 
withdrawing the proposed policy letter is intended to resolve any 
questions about the status of the proposed policy letter or the 
existing regulatory process. No new policy is proposed at this time. 
The Coast Guard will continue to consider requests for permission to 
transport SGEWW in bulk under our existing regulatory authority 
described in the next section. We will use experience with individual 
approvals of SGEWW barge transport to inform any future rulemaking or 
guidance on this subject.

Carriage of SGEWW Under Existing Regulations

    The Coast Guard regulates the carriage of bulk liquid hazardous 
material by listing, in the Code of Federal Regulations (CFR), 
permitted cargoes and the safety requirements that vessel owners must 
meet in order to carry those cargoes; see, for example, the list at 
Table 1 in 46 CFR part 153. Unlisted cargoes may not be carried without 
specific permission from the Coast Guard. The regulations provide that 
vessel owners may request and receive the necessary permission by 
providing information about each cargo so that the Coast Guard can 
prescribe necessary safety measures; see, for example, the requirements 
in 46 CFR 153.900. SGEWW is an unlisted cargo. In order to carry SGEWW 
on a tank barge, the vessel owner must request permission from the 
Coast Guard, provide the information about each individual cargo that 
the Coast Guard needs in order to analyze potential impacts and develop 
carriage requirements, and then comply with the requirements specified. 
Although the proposed policy letter would have standardized that 
information and request process for SGEWW, withdrawal of the policy 
letter does not change the Coast Guard's authority to consider 
approving unlisted cargoes on a case-by-case basis under the existing 
regulations.

Comments Received

    Form letters. Of the 70,115 comments the Coast Guard received, 
68,747 comments were brief statements in similar format and wording 
that expressed disapproval of the proposed policy letter and expressed 
opposition to hydraulic fracturing. Commenters stated concerns that a 
spill or accident would release toxic chemicals into our rivers and 
could put our drinking water at risk. The Coast Guard notes the general 
concerns expressed in these comments, but also notes these comments 
expressed the writers' general opposition to the proposed policy letter 
without offering input regarding the substance of transporting SGEWW in 
bulk as described in the policy. The Coast Guard has no legal authority 
to permit, prohibit, or place conditions on the practice of fracking 
itself. The Coast Guard's only authority in this matter is the 
authority to evaluate the safety of SGEWW as a cargo and set conditions 
on its carriage by vessel.
    Other comments. We also received approximately 1,368 comments that 
did not employ a form template and are discussed here and below. One 
submission \1\ was signed by representatives of 140 organizations and 
other entities from various States. This (and comments submitted by 
others) stated that the Coast Guard should expect wide interest in 
SGEWW barging and that a rulemaking, rather than a policy letter, is 
the appropriate approach to this issue. Commenters indicated a 
rulemaking would more clearly prescribe rules, how to achieve 
compliance, a consistent and transparent implementation process, an 
effective means of enforcement, and improved opportunities for public 
participation. The Coast Guard does not agree that a rulemaking would 
have provided more transparency or opportunities for public 
participation than were provided in the public comment period on the 
proposed policy letter. Detailed information on how to achieve 
compliance is often better suited to guidance documents such as the 
withdrawn policy letter. Effective enforcement is already provided via 
existing regulations prohibiting the carriage of unlisted cargoes 
without specific permission from the Coast Guard.
---------------------------------------------------------------------------

    \1\ Docketed as USCG-2013-0915-0932.
---------------------------------------------------------------------------

    The comment also noted that the proposed chemical analysis protocol 
allows shippers to propose alternatives but those alternatives would 
not be

[[Page 8978]]

transparent to the general public. Many Coast Guard regulations provide 
the opportunity to propose alternatives or equivalent methods of 
compliance for the Coast Guard's approval; for examples see 46 CFR 
62.15-1, 114.540, and 110.20-1, among others. Allowing alternatives 
provides the flexibility to use new technology, including improved 
safety and pollution prevention equipment. In addition, the Coast Guard 
consistently explains in its policy letters and other guidance that it 
will consider alternate methods of compliance with the binding 
statutory and regulatory requirements. Coast Guard determinations on 
alternate or equivalent methods of compliance generally are not 
publicly available because they do not create rights or obligations for 
anyone other than the requester, and they could contain proprietary 
information about the alternative requested or approved.
    The same group of 140 organizations and entities submitted another 
comment,\2\ stating that the proposed policy letter would result in 
uncertain or unknown effects or risks to various aspects of the 
environment and public health. The commenters also thought the proposed 
policy would result in negative impacts to areas that have unique 
historical, cultural, and ecological characteristics. The Coast Guard 
notes the concerns raised in these comments and will carefully consider 
the environmental impacts of each request to ship SGEWW by barge on a 
case-by-case basis under existing regulations.
---------------------------------------------------------------------------

    \2\ Docketed as USCG-2013-0915-1036.
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    Another submission \3\ was made on behalf of 46 organizations in 
Ohio, Pennsylvania, Michigan, Kentucky, Illinois, New York, and West 
Virginia. This comment (and comments submitted by others) has similarly 
stated that the Coast Guard should require chemical analyses of SGEWW 
barge loads to be submitted to the agency, not merely held by industry. 
Under the proposed policy, vessel owners would have retained records of 
the chemical analyses and surveys, but the Coast Guard would have 
examined those records prior to allowing workers or Coast Guard 
personnel to enter a barge's tank. Also, by cumulating data from the 
chemical analyses records we could determine whether hazardous 
materials had built up within the barge's tank.
---------------------------------------------------------------------------

    \3\ Docketed as USCG-2013-0915-0855.
---------------------------------------------------------------------------

    Various commenters, including some commenters employing a form 
template, also said that the Coast Guard's use of a categorical 
exclusion to preclude more thorough environmental analysis of the 
proposed policy letter's impact was improper under the National 
Environmental Policy Act of 1969 \4\ (NEPA), and that more 
environmental analysis of the effects of the proposed policy letter is 
necessary to assess the likelihood of a spill. The Coast Guard intends 
to evaluate the environmental impacts under NEPA for each request to 
ship SGEWW by barge, on a case-by-case basis under existing 
regulations. This information may be used, as appropriate, to inform 
any future rulemaking or guidance on this issue.
---------------------------------------------------------------------------

    \4\ Codified as 42 U.S.C. 4321 et seq.
---------------------------------------------------------------------------

    Finally, the commenters believe the Coast Guard gave inadequate 
consideration to worker safety hazards and mitigation measures. As 
described above, however, the Coast Guard would have used the analyses 
and surveys described in the proposed policy to evaluate the safety of 
the barge tanks before allowing personnel to enter. In addition, once 
the chemical components of each individual load of SGEWW were 
identified, the Coast Guard could have used the regulatory process for 
unlisted cargoes to prescribe other protocols to mitigate safety risks 
to workers.
    The Coast Guard also received many comments from individuals 
raising additional varied concerns. Some comments requested an 
extension of the public comment period, which is unnecessary in light 
of this withdrawal. Other comments stated that the proposed policy 
letter unfairly transfers industry costs and risks to society in 
general; we disagree that Coast Guard decisions on safe transport of 
SGEWW in bulk by water necessarily transfer costs and risks away from 
industry, especially as the proposed policy does not affect the 
creation or disposal of SGEWW, or its transport by truck or rail. We 
also received comments saying that the Coast Guard provided inadequate 
information about SGEWW's ultimate destination and the methods for its 
ultimate disposal; the ultimate destination and disposal of SGEWW was 
outside the scope of our proposed policy on safely transporting SGEWW. 
Also, commenters thought that the Coast Guard provided inadequate 
information about cleanup plans in the event of an SGEWW spill, but 
environmental liability and cleanup requirements were outside the scope 
and purpose of the proposed policy. The Coast Guard intends to evaluate 
requests to ship SGEWW by barge on a case-by-case basis under existing 
regulations. Any other statutes or regulations found to be applicable 
under this case-by-case review would be included when developing 
carriage requirements.
    Of the comments received, 21 comments thought the proposed policy 
letter should be finalized. These commenters suggested that the risk of 
transporting SGEWW by vessel was lower relative to transport by rail or 
truck, or that SGEWW is less hazardous than other vessel-borne cargoes 
such as oil and gasoline. The Coast Guard notes these comments in 
support of the proposed policy letter.
    The Coast Guard appreciates all the comments received. It will 
continue to study this issue in light of the comments received before 
taking any further action on this matter. In particular, the Coast 
Guard will assess whether current regulations are adequate to handle 
requests for transport of SGEWW in bulk and environmental impacts that 
may be associated with SGEWW transport by barge.

    Dated: February 17, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-03674 Filed 2-22-16; 8:45 am]
BILLING CODE 9110-04-P



                                                  8976                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  Research Support; 93.821, Cell Biology and                Place: National Institutes of Health, 6100            The meeting will be closed to the
                                                  Biophysics Research; 93.859, Pharmacology,              Executive Boulevard, Rockville, MD 20852,             public in accordance with the
                                                  Physiology, and Biological Chemistry                    (Telephone Conference Call).                          provisions set forth in sections
                                                  Research; 93.862, Genetics and                            Contact Person: Sherry L Dupere, Ph.D.,             552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                  Developmental Biology Research; 93.88,                  Chief, Scientific Review Branch, Eunice
                                                  Minority Access to Research Careers; 93.96,             Kennedy Shriver National Institute of Child
                                                                                                                                                                as amended. The grant applications and
                                                  Special Minority Initiatives; 93.859,                   Health and Human Development, NIH, 6100               the discussions could disclose
                                                  Biomedical Research and Research Training,              Executive Boulevard, Room 5B01, Bethesda,             confidential trade secrets or commercial
                                                  National Institutes of Health, HHS)                     MD 20892 –7510, 301–451–3415, duperes@                property such as patentable material,
                                                    Dated: February 17, 2016.                             mail.nih.gov.                                         and personal information concerning
                                                  Melanie J. Gray,                                          Name of Committee: National Institute of            individuals associated with the grant
                                                                                                          Child Health and Human Development                    applications, the disclosure of which
                                                  Program Analyst, Office of Federal Advisory
                                                                                                          Special Emphasis Panel; Pelvic Floor                  would constitute a clearly unwarranted
                                                  Committee Policy.
                                                                                                          Disorders—Data Coordinating Center.                   invasion of personal privacy.
                                                  [FR Doc. 2016–03637 Filed 2–22–16; 8:45 am]               Date: March 14, 2016.
                                                  BILLING CODE 4140–01–P                                    Time: 4:00 p.m. to 6:00 p.m.                          Name of Committee: National Institute on
                                                                                                            Agenda: To review and evaluate grant                Aging Special Emphasis Panel; Phase III
                                                                                                          applications.                                         Clinical Trials for AD.
                                                                                                            Place: Residence Inn Bethesda, 7335                   Date: March 14, 2016.
                                                  DEPARTMENT OF HEALTH AND
                                                                                                          Wisconsin Avenue, Bethesda, MD 20814.                   Time: 12:00 p.m. to 5:00 p.m.
                                                  HUMAN SERVICES                                                                                                  Agenda: To review and evaluate grant
                                                                                                            Contact Person: Dennis E. Leszczynski,
                                                                                                          Ph.D., Scientific Review Administrator,               applications.
                                                  National Institutes of Health                                                                                   Place: National Institute on Aging,
                                                                                                          Division of Scientific Review, National
                                                                                                          Institute of Child Health and Human                   Gateway Building, Suite 2C212, 7201
                                                  Eunice Kennedy Shriver National                                                                               Wisconsin Avenue, Bethesda, MD 20892,
                                                  Institute of Child Health and Human                     Development, NIH, 6100 Exeuctive Blvd.,
                                                                                                          Rm. 5B01, Bethesda, MD 20892, (301) 435–              (Telephone Conference Call).
                                                  Development; Notice of Closed                                                                                   Contact Person: Maurizio Grimaldi, MD,
                                                                                                          6884, leszczyd@mail.nih.gov.
                                                  Meetings                                                                                                      Ph.D., Scientific Review Officer, National
                                                                                                            Name of Committee: National Institute of
                                                                                                                                                                Institute on Aging, National Institutes of
                                                    Pursuant to section 10(d) of the                      Child Health and Human Development Initial
                                                                                                                                                                Health, 7201 Wisconsin Avenue, Room
                                                  Federal Advisory Committee Act, as                      Review Group Developmental Biology
                                                                                                                                                                2C218, Bethesda, MD 20892, 301–496–9374,
                                                  amended (5 U.S.C. App.), notice is                      Subcommittee.
                                                                                                                                                                grimaldim2@mail.nih.gov.
                                                  hereby given of the following meetings.                   Date: March 16–17, 2016.
                                                                                                            Time: 8:00 a.m. to 5:00 p.m.                        (Catalogue of Federal Domestic Assistance
                                                    The meetings will be closed to the                                                                          Program Nos. 93.866, Aging Research,
                                                                                                            Agenda: To review and evaluate grant
                                                  public in accordance with the                                                                                 National Institutes of Health, HHS)
                                                                                                          applications.
                                                  provisions set forth in section 552b(c)(4)                Place: Embassy Suites at the Chevy Chase              Dated: February 17, 2016.
                                                  and 552b(c)(6), Title 5 U.S.C., as                      Pavilion, 4300 Military Road, NW,                     Melanie J. Gray,
                                                  amended. The grant applications and                     Washington, DC 20015.
                                                  the discussions could disclose                            Contact Person: Cathy J. Wedeen, Ph.D.,             Program Analyst, Office of Federal Advisory
                                                                                                                                                                Committee Policy.
                                                  confidential trade secrets or commercial                Scientific Review Officer, Division of
                                                  property such as patentable material,                   Scientific Review, OD, Eunice Kennedy                 [FR Doc. 2016–03635 Filed 2–22–16; 8:45 am]
                                                  and personal information concerning                     Shriver National Institute of Child Health            BILLING CODE 4140–01–P

                                                  individuals associated with the grant                   and Human Development, NIH, DHHS, 6100
                                                                                                          Executive Blvd., Room 5B01–G, Bethesda,
                                                  applications, the disclosure of which
                                                                                                          MD 20892, 301–435–6878, wedeenc@                      DEPARTMENT OF HOMELAND
                                                  would constitute a clearly unwarranted                  mail.nih.gov.
                                                  invasion of personal privacy.                                                                                 SECURITY
                                                                                                          (Catalogue of Federal Domestic Assistance
                                                    Name of Committee: National Institute of              Program Nos. 93.864, Population Research;             Coast Guard
                                                  Child Health and Human Development                      93.865, Research for Mothers and Children;
                                                  Special Emphasis Panel.                                 93.929, Center for Medical Rehabilitation             [Docket No. USCG–2013–0915]
                                                    Date: March 7, 2016.                                  Research; 93.209, Contraception and
                                                    Time: 11:00 a.m. to 12:00 p.m.                                                                              RIN 1625–ZA31
                                                                                                          Infertility Loan Repayment Program, National
                                                    Agenda: To review and evaluate grant                  Institutes of Health, HHS)
                                                  applications.                                                                                                 Carriage of Conditionally Permitted
                                                    Place: NIH, Room 5B01, 6100 Executive                   Dated: February 17, 2016.                           Shale Gas Extraction Waste Water in
                                                  Blvd., Rockville, MD 20892, (Telephone                  Michelle Trout,                                       Bulk
                                                  Conference Call).                                       Program Analyst, Office of Federal Advisory
                                                    Contact Person: Sherry L Dupere, Ph.D.,               Committee Policy.                                     AGENCY:   Coast Guard, DHS.
                                                  Chief, Scientific Review Branch, Eunice                 [FR Doc. 2016–03646 Filed 2–22–16; 8:45 am]           ACTION:   Notice of withdrawal.
                                                  Kennedy Shriver National Institute of Child
                                                                                                          BILLING CODE 4140–01–P                                SUMMARY:    The Coast Guard announces
                                                  Health and Human Development, NIH, 6100
                                                  Executive Boulevard, Room 5B01, Bethesda,                                                                     that it has withdrawn the October 30,
                                                  MD 20892–7510, 301–451–3415, duperes@                                                                         2013, proposed policy letter concerning
                                                  mail.nih.gov.                                           DEPARTMENT OF HEALTH AND
                                                                                                                                                                the carriage of shale gas extraction waste
                                                                                                          HUMAN SERVICES
                                                    This notice is being published less than 15                                                                 water (SGEWW) in bulk via barge. The
                                                  days prior to the meeting due to the timing                                                                   policy letter proposed a new
                                                                                                          National Institutes of Health
                                                  limitations imposed by the review and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                standardized process and specified
                                                  funding cycle.                                                                                                conditions under which a barge owner
                                                                                                          National Institute on Aging; Notice of
                                                    Name of Committee: National Institute of                                                                    could request and be granted a
                                                  Child Health and Human Development                      Closed Meeting
                                                  Special Emphasis Panel.
                                                                                                                                                                Certificate of Inspection endorsement or
                                                    Date: March 14, 2016.                                   Pursuant to section 10(d) of the                    letter allowing the barge to transport
                                                    Time: 2:00 p.m. to 3:00 p.m.                          Federal Advisory Committee Act, as                    SGEWW in bulk. That proposed policy
                                                    Agenda: To review and evaluate grant                  amended (5 U.S.C. App.), notice is                    is withdrawn and no new policy is
                                                  applications.                                           hereby given of the following meeting.                proposed at this time. Barge owners may


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                  8977

                                                  continue to request case-by-case                        SGEWW by tank barge. Anticipating                     cargoes on a case-by-case basis under
                                                  approval to transport SGEWW under                       that this would be the first of many                  the existing regulations.
                                                  current regulations by providing recent                 requests, the Coast Guard proposed a
                                                                                                                                                                Comments Received
                                                  detailed chemical composition,                          standardized national policy to replace
                                                  environmental analyses, and other                       the case-by-case process which might                     Form letters. Of the 70,115 comments
                                                  information for each individual tank                    have led to delays in processing those                the Coast Guard received, 68,747
                                                  barge load. The Coast Guard will                        requests. (We have not received                       comments were brief statements in
                                                  consider instituting a standardized                     significant interest from industry,                   similar format and wording that
                                                  process for transporting SGEWW in bulk                  however, which is one of the reasons we               expressed disapproval of the proposed
                                                  after it has assessed whether current                   are withdrawing the proposed policy.)                 policy letter and expressed opposition
                                                  regulations are inadequate to handle                    The notice announcing the policy letter               to hydraulic fracturing. Commenters
                                                  requests for transport of SGEWW in                      provided a 30-day public comment                      stated concerns that a spill or accident
                                                  bulk and environmental impacts that                     period. We received 70,115 comments                   would release toxic chemicals into our
                                                  may be associated with SGEWW                            in response to the notice and proposed                rivers and could put our drinking water
                                                  transport by barge.                                     policy letter. These comments are                     at risk. The Coast Guard notes the
                                                                                                          generally described below, with our                   general concerns expressed in these
                                                  DATES: The proposed policy letter was
                                                                                                          responses, in the section titled                      comments, but also notes these
                                                  withdrawn February 23, 2016.
                                                                                                          ‘‘Comments Received.’’                                comments expressed the writers’ general
                                                  FOR FURTHER INFORMATION CONTACT: If                                                                           opposition to the proposed policy letter
                                                                                                             We are now withdrawing the
                                                  you have questions on this notice, call                 proposed policy. This notice officially               without offering input regarding the
                                                  or email Dr. Cynthia A. Znati, Office of                withdrawing the proposed policy letter                substance of transporting SGEWW in
                                                  Design and Engineering Standards,                       is intended to resolve any questions                  bulk as described in the policy. The
                                                  Hazardous Materials Division, U.S.                      about the status of the proposed policy               Coast Guard has no legal authority to
                                                  Coast Guard; telephone 202–372–1412,                    letter or the existing regulatory process.            permit, prohibit, or place conditions on
                                                  email HazmatStandards@uscg.mil.                         No new policy is proposed at this time.               the practice of fracking itself. The Coast
                                                  SUPPLEMENTARY INFORMATION:                              The Coast Guard will continue to                      Guard’s only authority in this matter is
                                                  General Discussion                                      consider requests for permission to                   the authority to evaluate the safety of
                                                                                                          transport SGEWW in bulk under our                     SGEWW as a cargo and set conditions
                                                     This notice is issued under the                      existing regulatory authority described               on its carriage by vessel.
                                                  authority of 5 U.S.C. 552(a). On October                in the next section. We will use                         Other comments. We also received
                                                  30, 2013, the Coast Guard published a                   experience with individual approvals of               approximately 1,368 comments that did
                                                  proposed policy letter and requested                    SGEWW barge transport to inform any                   not employ a form template and are
                                                  comments on a new standardized                          future rulemaking or guidance on this                 discussed here and below. One
                                                  process including the specific carriage                 subject.                                              submission 1 was signed by
                                                  conditions for the transport of shale gas                                                                     representatives of 140 organizations and
                                                  extraction waste water (SGEWW) in                       Carriage of SGEWW Under Existing                      other entities from various States. This
                                                  bulk via barge (78 FR 64905). The                       Regulations                                           (and comments submitted by others)
                                                  proposed policy would have set out a                       The Coast Guard regulates the carriage             stated that the Coast Guard should
                                                  process for performing chemical                         of bulk liquid hazardous material by                  expect wide interest in SGEWW barging
                                                  analyses of each load of SGEWW, a                       listing, in the Code of Federal                       and that a rulemaking, rather than a
                                                  radiation survey of each barge before                   Regulations (CFR), permitted cargoes                  policy letter, is the appropriate
                                                  any personnel entered the barge and                     and the safety requirements that vessel               approach to this issue. Commenters
                                                  before changing from SGEWW to                           owners must meet in order to carry                    indicated a rulemaking would more
                                                  another cargo, and tank venting to                      those cargoes; see, for example, the list             clearly prescribe rules, how to achieve
                                                  prevent accumulation of radon. It also                  at Table 1 in 46 CFR part 153. Unlisted               compliance, a consistent and
                                                  would have described limits on                          cargoes may not be carried without                    transparent implementation process, an
                                                  radioactivity concentration and                         specific permission from the Coast                    effective means of enforcement, and
                                                  consignment activity (effectively, limits               Guard. The regulations provide that                   improved opportunities for public
                                                  on emission of radiation) for SGEWW                     vessel owners may request and receive                 participation. The Coast Guard does not
                                                  cargoes.                                                the necessary permission by providing                 agree that a rulemaking would have
                                                     We proposed the policy letter in                     information about each cargo so that the              provided more transparency or
                                                  response to the rapid development in                    Coast Guard can prescribe necessary                   opportunities for public participation
                                                  recent years of horizontal drilling and                 safety measures; see, for example, the                than were provided in the public
                                                  hydraulic fracturing (commonly known                    requirements in 46 CFR 153.900.                       comment period on the proposed policy
                                                  as ‘‘fracking’’) that produce large                     SGEWW is an unlisted cargo. In order                  letter. Detailed information on how to
                                                  volumes of shale gas and oil in the                     to carry SGEWW on a tank barge, the                   achieve compliance is often better
                                                  northern Appalachian Mountains. This                    vessel owner must request permission                  suited to guidance documents such as
                                                  fracking produces large amounts of                      from the Coast Guard, provide the                     the withdrawn policy letter. Effective
                                                  SGEWW, some of which may contain                        information about each individual cargo               enforcement is already provided via
                                                  hazardous materials including                           that the Coast Guard needs in order to                existing regulations prohibiting the
                                                  radioactive isotopes. Transport of                      analyze potential impacts and develop                 carriage of unlisted cargoes without
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  SGEWW by vessel falls under the Coast                   carriage requirements, and then comply                specific permission from the Coast
                                                  Guard’s existing regulations for bulk                   with the requirements specified.                      Guard.
                                                  liquid hazardous material and requires                  Although the proposed policy letter                      The comment also noted that the
                                                  specific, case-by-case permission. We                   would have standardized that                          proposed chemical analysis protocol
                                                  explain these regulations in more detail,               information and request process for                   allows shippers to propose alternatives
                                                  below.                                                  SGEWW, withdrawal of the policy letter                but those alternatives would not be
                                                     In 2011 a tank barge owner asked the                 does not change the Coast Guard’s
                                                  Coast Guard for permission to transport                 authority to consider approving unlisted                1 Docketed   as USCG–2013–0915–0932.



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                                                  8978                         Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  transparent to the general public. Many                  proposed policy letter’s impact was                        Of the comments received, 21
                                                  Coast Guard regulations provide the                      improper under the National                             comments thought the proposed policy
                                                  opportunity to propose alternatives or                   Environmental Policy Act of 1969 4                      letter should be finalized. These
                                                  equivalent methods of compliance for                     (NEPA), and that more environmental                     commenters suggested that the risk of
                                                  the Coast Guard’s approval; for                          analysis of the effects of the proposed                 transporting SGEWW by vessel was
                                                  examples see 46 CFR 62.15–1, 114.540,                    policy letter is necessary to assess the                lower relative to transport by rail or
                                                  and 110.20–1, among others. Allowing                     likelihood of a spill. The Coast Guard                  truck, or that SGEWW is less hazardous
                                                  alternatives provides the flexibility to                 intends to evaluate the environmental                   than other vessel-borne cargoes such as
                                                  use new technology, including                            impacts under NEPA for each request to                  oil and gasoline. The Coast Guard notes
                                                  improved safety and pollution                            ship SGEWW by barge, on a case-by-                      these comments in support of the
                                                  prevention equipment. In addition, the                   case basis under existing regulations.                  proposed policy letter.
                                                  Coast Guard consistently explains in its                 This information may be used, as                           The Coast Guard appreciates all the
                                                  policy letters and other guidance that it                appropriate, to inform any future                       comments received. It will continue to
                                                  will consider alternate methods of                       rulemaking or guidance on this issue.                   study this issue in light of the comments
                                                  compliance with the binding statutory                       Finally, the commenters believe the                  received before taking any further action
                                                  and regulatory requirements. Coast                       Coast Guard gave inadequate                             on this matter. In particular, the Coast
                                                  Guard determinations on alternate or                     consideration to worker safety hazards                  Guard will assess whether current
                                                  equivalent methods of compliance                         and mitigation measures. As described                   regulations are adequate to handle
                                                  generally are not publicly available                     above, however, the Coast Guard would                   requests for transport of SGEWW in
                                                  because they do not create rights or                     have used the analyses and surveys                      bulk and environmental impacts that
                                                  obligations for anyone other than the                    described in the proposed policy to                     may be associated with SGEWW
                                                  requester, and they could contain                        evaluate the safety of the barge tanks                  transport by barge.
                                                  proprietary information about the                        before allowing personnel to enter. In
                                                                                                                                                                     Dated: February 17, 2016.
                                                  alternative requested or approved.                       addition, once the chemical components
                                                     The same group of 140 organizations                   of each individual load of SGEWW were                   J.G. Lantz,
                                                  and entities submitted another                           identified, the Coast Guard could have                  Director of Commercial Regulations and
                                                  comment,2 stating that the proposed                      used the regulatory process for unlisted                Standards, U.S. Coast Guard.
                                                  policy letter would result in uncertain                  cargoes to prescribe other protocols to                 [FR Doc. 2016–03674 Filed 2–22–16; 8:45 am]
                                                  or unknown effects or risks to various                   mitigate safety risks to workers.                       BILLING CODE 9110–04–P
                                                  aspects of the environment and public                       The Coast Guard also received many
                                                  health. The commenters also thought                      comments from individuals raising
                                                  the proposed policy would result in                      additional varied concerns. Some                        DEPARTMENT OF HOMELAND
                                                  negative impacts to areas that have                      comments requested an extension of the                  SECURITY
                                                  unique historical, cultural, and                         public comment period, which is                         [Docket No. DHS–2016–0011]
                                                  ecological characteristics. The Coast                    unnecessary in light of this withdrawal.
                                                  Guard notes the concerns raised in these                 Other comments stated that the                          Meeting: Homeland Security Advisory
                                                  comments and will carefully consider                     proposed policy letter unfairly transfers               Council
                                                  the environmental impacts of each                        industry costs and risks to society in
                                                  request to ship SGEWW by barge on a                      general; we disagree that Coast Guard                   AGENCY: The Office of Public
                                                  case-by-case basis under existing                        decisions on safe transport of SGEWW                    Engagement, DHS.
                                                  regulations.                                             in bulk by water necessarily transfer                   ACTION: Notice of open teleconference
                                                     Another submission 3 was made on                      costs and risks away from industry,                     Federal Advisory Committee meeting.
                                                  behalf of 46 organizations in Ohio,                      especially as the proposed policy does
                                                  Pennsylvania, Michigan, Kentucky,                        not affect the creation or disposal of                  SUMMARY:   The Homeland Security
                                                  Illinois, New York, and West Virginia.                   SGEWW, or its transport by truck or rail.               Advisory Council (‘‘Council’’) will meet
                                                  This comment (and comments                               We also received comments saying that                   via teleconference on March 15, 2016.
                                                  submitted by others) has similarly stated                the Coast Guard provided inadequate                     The meeting will be open to the public.
                                                  that the Coast Guard should require                      information about SGEWW’s ultimate                      DATES: The Council conference call will
                                                  chemical analyses of SGEWW barge                         destination and the methods for its                     take place from 2:00 p.m. to 4:15 p.m.
                                                  loads to be submitted to the agency, not                 ultimate disposal; the ultimate                         EST on March 15, 2016. Please note that
                                                  merely held by industry. Under the                       destination and disposal of SGEWW                       the meeting may end early if the
                                                  proposed policy, vessel owners would                     was outside the scope of our proposed                   Council has completed its business.
                                                  have retained records of the chemical                    policy on safely transporting SGEWW.                    ADDRESSES: The Council meeting will be
                                                  analyses and surveys, but the Coast                      Also, commenters thought that the Coast                 held via teleconference. Members of the
                                                  Guard would have examined those                          Guard provided inadequate information                   public interested in participating may
                                                  records prior to allowing workers or                     about cleanup plans in the event of an                  do so by following the process outlined
                                                  Coast Guard personnel to enter a barge’s                 SGEWW spill, but environmental                          below (see ‘‘Public Participation’’).
                                                  tank. Also, by cumulating data from the                  liability and cleanup requirements were                 Written comments must be submitted
                                                  chemical analyses records we could                       outside the scope and purpose of the                    and received by Wednesday, March 9,
                                                  determine whether hazardous materials                    proposed policy. The Coast Guard                        2016. Comments must be identified by
                                                  had built up within the barge’s tank.                    intends to evaluate requests to ship                    Docket No. DHS–2016–0011 and may be
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                     Various commenters, including some                    SGEWW by barge on a case-by-case                        submitted by one of the following
                                                  commenters employing a form template,                    basis under existing regulations. Any                   methods:
                                                  also said that the Coast Guard’s use of                  other statutes or regulations found to be                 • Federal eRulemaking Portal: http://
                                                  a categorical exclusion to preclude more                 applicable under this case-by-case                      www.regulations.gov. Follow the
                                                  thorough environmental analysis of the                   review would be included when                           instructions for submitting comments.
                                                                                                           developing carriage requirements.                         • Email: HSAC@hq.dhs.gov. Include
                                                    2 Docketed   as USCG–2013–0915–1036.                                                                           Docket No. DHS–2015–0013 in the
                                                    3 Docketed   as USCG–2013–0915–0855.                     4 Codified   as 42 U.S.C. 4321 et seq.                subject line of the message.


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Document Created: 2018-02-02 14:33:30
Document Modified: 2018-02-02 14:33:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of withdrawal.
DatesThe proposed policy letter was withdrawn February 23, 2016.
ContactIf you have questions on this notice, call or email Dr. Cynthia A. Znati, Office of Design and Engineering Standards, Hazardous Materials Division, U.S. Coast Guard; telephone 202-372-1412, email [email protected]
FR Citation81 FR 8976 
RIN Number1625-ZA31

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