Tank Level or Pressure Monitoring Devices

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 32

[CGD 90-071]

RIN 2115-AD69

Tank Level or Pressure Monitoring Devices

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard establishes minimum performance standards for

tank level or pressure monitoring devices for single-hull tank vessels

that carry oil in bulk as cargo. The purpose of these devices is to

reduce the size and impact of an oil spill by alerting the tank vessel

operator that a level or pressure change has occurred in a cargo tank.

The Coast Guard will evaluate the performance and cost effectiveness of

any device which meets the standards set in this rule, if that device

is submitted to the Coast Guard during the effective period of this

rule.

DATES: This rule is effective on April 28, 1997 and expires on April

28, 1999.

ADDRESSES: The Executive Secretary, Marine Safety Council (G-LRA/3406)

[CGD 90-071], U.S. Coast Guard Headquarters, 2100 Second Street SW.,

Washington, DC 20593-0001, maintains the public docket for this

rulemaking. The telephone number is (202) 267-1477. The public docket

is available for inspection or copying at room 3406, U.S. Coast Guard

Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Laura L. Hamman, Project Manager,

Office of Design and Engineering Standards (G-MSE), (202) 267-2206.

SUPPLEMENTARY INFORMATION:

Regulatory History

On May 7, 1991, the Coast Guard published an advanced notice of

proposed rulemaking (ANPRM) to solicit comments on minimum standards

for leak detection devices and their use (56 FR 21116). The Coast Guard

received 20 comments to the ANPRM.

On December 9, 1994, a public meeting was held. This meeting gave

the public an opportunity to provide further input into the development

of proposed regulations. As a result of the public meeting nine

comments were received.

On August 21, 1995, the Coast Guard published a notice of proposed

rulemaking (NPRM) entitled ``Tank Level or Pressure Monitoring

Devices'' (60 FR 43427). The NPRM proposed performance standards of 0.5

percent of tank volume or 1,000 gallons, whichever is less. As a result

of the NPRM, 10 comments were received.

This temporary rule addresses comments to the NPRM, and presents

the Coast Guard's temporary rule on Tank Level or Pressure Monitoring

Devices.

Background and Purpose

Section 4110 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L.

101-380) requires the Secretary of Transportation to set, by

regulation, minimum standards for tank level or pressure monitoring

devices. Tank level or pressure monitoring devices detect changes in

the level of oil in a cargo tank or changes in the pressure within a

cargo tank. Section 4110 of OPA 90 applies to the carriage of oil in

bulk as cargo aboard tank vessels. Section 4110 also requires issuance

of regulations requiring the use of tank level or pressure monitoring

devices. The purpose of the devices is to inform the person in charge

of a tank vessel that there is a change in tank level or pressure so

that, if required, the Coast Guard can be notified as required by 33

CFR 153.203 and appropriate response actions can be initiated.

Two specific incidents highlighted the possible need for the

development of tank level or pressure monitoring devices. The first

incident was the loss of cargo aboard Tank Barge 565. While under tow

in August 1988, this 37-year-old barge started losing cargo during the

night. The loss was not discovered until the morning light reflected

off the oil sheen on the water. The barge spilled 4,000 barrels of

petroleum into the Chesapeake Bay. The lack of appropriate devices to

indicate the loss of cargo during the night prompted Congress to add

section 4110 to OPA 90.

The second was in September 1988, when a tankship carrying cargo of

carbon black feedstock oil struck a submerged object and lost over

4,000 metric tons of cargo. The loss was not discovered until an

estimated 30 minutes passed. During this time, the vessel developed a

port list which continued to worsen until it reached 8 degrees. At this

point, the master ordered the cargo tanks sounded, and the loss of

cargo was discovered. Again, cargo was lost without anyone on board

being aware of the loss.

Technical Feasibility Study

The Coast Guard commissioned a technical feasibility study entitled

``Tank Level Detection Devices for the Carriage of Oil,'' which was

made available to the public on February 5, 1993 (58 FR 7292).

The study found that a wide variety of liquid level sensing systems

exist for both marine and shore-side applications. Several of these

systems include the following components: hydrostatic gauges, radar

gauging devices, resistance tapes, floats, ultrasonic systems, fiber

optics, capacitance-actuated devices, and the electromagnetic level

indication (EMLI) system. The study concluded that the performance of

these sensing systems is affected by the severity of their operating

environment. Operating environment factors include cargo sloshing,

foaming, and expansion and contraction of the cargo due to temperature

changes.

In addition to discussing the wide variety of available liquid

level detectors, the study evaluated the performance of these sensors

using both ideal conditions and simulated conditions (e.g.,

environmental noise, ship motion, etc.). The effects of these

conditions varied depending on the system used. In some circumstances,

[[Page 14829]]

environmental noise substantially degraded performance. However, the

greatest obstacle to obtaining an accurate level reading was found to

be the disturbance of the cargo surface caused by ship or barge motion.

Sloshing occurs in all tank vessels to varying degrees, depending on

such factors as vessel types, weather conditions, and loading

configurations. The effects of such motion must be considered in

determining the attainable accuracy of level sensing devices.

In addition to sloshing, another result of ship motion was found to

be the formation of foam, which can reduce the accuracy of any type of

electronic surface level sensing system. Disturbance of the surface was

also found to cause pocketing of air, resulting in loss of measurement

accuracy.

Despite these problems, the study found that ``attainable

accuracy,'' defined as the limit outside of which false level change

indications may be ruled out, is within 2 percent of the actual cargo

level.

Discussion of Comments

The Coast Guard received 10 comment letters to the NPRM. Seven

comments expressed concerns about the lack of current technology

available to measure the quantity (0.5 percent or 1,000 gallons)

specified by the proposed standards in the NPRM. Three comments

expressed concerns about the development and implementation costs of

the device due to the lack of available technology. Two comments

expressed concerns about the new technological developments. These

comments raised concerns that testing should be required prior to the

implementation of these devices. The Coast Guard has reviewed the

technical feasibility issue and has concluded that current technology

cannot meet the sensitivity requirements proposed in the NPRM and

finalized in this rule. The Coast Guard will not accept a tank level or

pressure monitoring device until it meets the standards in this

temporary rule. The Coast Guard will address testing of devices, if

devices meeting the standards in this temporary rule are developed and

submitted to the Coast Guard within the effective period of this rule.

In addition to a technical evaluation of sensitivity requirements, a

comprehensive cost and benefit analysis must be performed by the Coast

Guard before any decisions can be made on requiring use of a device.

Two comments expressed concerns about the potential difficulties

that would be encountered if the monitoring devices were required in

tanks carrying asphalt. The Coast Guard agrees with these concerns and

carriage of asphalt is not addressed by the standard in this temporary

rule.

Three comments raised concerns on using the words ``leak

detection.'' Two other comments noted that there is not an

International Maritime Organization (IMO) equivalent requirement for

leak detection. The Coast Guard agrees with these concerns and has

removed references to leak detection.

Two comments noted that a tank level or pressure monitoring device

would be impractical for use on tank barges because they do not

routinely operate machinery to generate electricity needed to operate

the device while underway. The Coast Guard agrees that the issue of

power source would need to be addressed for any device used aboard

barges. The Coast Guard will consider power sources as part of its

technical evaluation on any device which meets the standards set forth

in this rule.

Two comments noted that these devices would need to be capable of

withstanding harsh and changing marine environments. The Coast Guard

agrees and requires that any tank level or pressure monitoring devices

developed using these standards be operable without degradation in

heavy seas, moisture, and varying weather conditions.

One comment noted that tank level or pressure monitoring devices

should only be required on vessels without double hulls. The Coast

Guard agrees with this view. If a device is developed in the future

that meets the standards set forth in this regulation and it is

determined to be cost effective, the Coast Guard intends to only

require its use on single-hull tank vessels.

One comment addressed the issue of distance from a barge's deck

house to the towing vessel's bridge, and the need to allow for portable

alarms and indicating devices. The Coast Guard agrees with this concern

and would allow the use of portable equipment as long as that equipment

meets the requirements in this regulation.

Discussion of Rules

This temporary rule sets forth standards for tank level or pressure

monitoring devices intended for installation on the cargo tanks of

vessels over 5,000 gross tons carrying oil in bulk as cargo. The Coast

Guard expects that additional development and research would be

necessary to produce tank level or pressure monitoring devices that

meet the standards set forth in this regulation. Any person who

develops a tank level or pressure monitoring device that meets the

minimum standards set forth in this regulation, within the effective

period of this regulation, should inform the Coast Guard by contacting

the person listed under the section entitled FOR FURTHER INFORMATION

CONTACT. The Coast Guard will evaluate the device to ensure that it

meets the performance standards required by this temporary rule and

will assess the costs and benefits associated with the device before

implementing any installation requirements. In any case, the public

will have an opportunity to comment on any rules proposing the

installation of the tank level or pressure monitoring device.

Since these devices are intended to warn the operators of possible

loss of cargo due to the discharge from tanks into the water, and

double-hull vessels are intrinsically designed to prevent this type of

discharge, this regulation applies only to single-hull vessels.

The Coast Guard anticipates an 8.5 percent per year decrease in the

number of U.S. single-hull tank vessels, based on OPA 90 phaseout

schedules. The need for tank level or pressure monitoring devices is in

direct proportion to the number of single-hull vessels. The Coast Guard

believes that, unless a tank level or pressure monitoring device is

developed within 2 years from the effective date of this temporary

rule, it may not be economically feasible to require installation of

such a device considering phaseout schedules. Similarly, the Coast

Guard anticipates the number of single-hull foreign tank vessels to

decrease. Therefore, this temporary rule will only be in effect for 2

years from the effective date.

This temporary rule establishes a standard that requires these

devices be able to compensate for changes in cargo volume and that they

continue to operate in varying weather conditions. This temporary rule

also requires that tank level or pressure monitoring devices have both

audible and visible alarms to indicate loss of cargo from the cargo

tank.

This temporary rule requires that a tank level or pressure

monitoring device must sound an alarm before the content of the cargo

tank declines to a level 0.5 percent below the level to which the tank

was loaded, or 1,000 gallons of cargo, whichever is less.

The 1,000 gallon threshold was chosen because a discharge of less

than 1,000 gallons on the inland waterways is defined as a ``minor

discharge'' in accordance with the National Contingency Plan, dated

September 15, 1994 (59 FR 47384). A loss of 1,000 or more gallons in

virtually all

[[Page 14830]]

environments poses appreciable risk to the marine environment.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT)(44 FR 11040;

February 26, 1979).

The Coast Guard expects the economic impact of this rule to be so

minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. Costs

associated with tank level or pressure monitoring devices are dependent

on installation requirements. This regulation establishes no

installation requirements and therefore imposes no costs. If a device

meeting the requirements of this regulation was developed during the

effective period of this temporary rule, the Coast Guard would consider

the costs and benefits of requiring installation of such a device. Such

an analysis would be based upon the smaller single-hull tank vessel

fleet in existence at the time. This analysis would also take into

account the OPA 90-mandated regulations already in force in 33 CFR part

157 and 46 CFR parts 31 and 35. These regulations address operational

measures to reduce oil spills from existing tank vessels without double

hulls and include requirements for enhanced surveys of these vessels.

These enhanced surveys reduce the chance of unnoticed structural damage

thereby significantly reducing the chance of an oil spill. Thus, the

benefits of a tank level or pressure monitoring device would further

decrease.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether or not this rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies that this regulation would not have a

significant economic impact on a substantial number of small entities

because this rule imposes no costs on any entities. If a tank level or

pressure monitoring device meeting the requirements of this rule was

developed, the potential impact on small businesses required to install

the device would have to be determined. At that time, the Coast Guard

would analyze whether imposition of installation requirements would

impose a significant economic impact on a substantial number of small

entities. The Coast Guard has chosen to make this rule temporary

because of the phaseout period for single-hull vessels. Because many

research and development companies may be small entities, the Coast

Guard is fully explaining the nature of the shrinking population of

single-hull vessels which might be required to install a device. The

Coast Guard hopes that this will help those small entities determine

whether to pursue development of a product to exploit this market.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

will provide assistance to small entities to determine how this rule

applies to them. If you are a small entity and need assistance

understanding the provisions of this rule, please contact the Project

Manager, Ms. Laura Hamman at (202) 267-2206.

Collection of Information

This rule contains no collection-of-information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under paragraph 2.B.2e.(34)(e) of Commandant

Instruction M16475.lB, this rule is categorically excluded from further

environmental documentation. This temporary rule establishes standards

for tank level or pressure monitoring devices which would mitigate the

impacts of oil spills. This temporary rule does not require

installation or use of these devices.

This rulemaking is, therefore, administrative in nature and has no

direct impact on the environment and is categorically excluded from

further environmental documentation. A ``Categorical Exclusion

Determination'' is available in the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 32

Cargo vessels, Fire prevention, Marine safety, Navigation (water),

Occupational safety and health, Reporting and record keeping

requirements, Seamen.

For the reasons set out in the preamble, the Coast Guard amends 46

CFR part 32 as follows:

PART 32--SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

1. The authority citation for part 32 is revised to read as

follows:

Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234 3 CFR 1980

Comp., p. 277; 49 CFR 1.46; Section 32.22T-5 and Subpart 32.59 are

also issued under 46 U.S.C. 3703 note.

2. Subpart 32.22T is added to read as follows:

Subpart 32.22T--Tank Level or Pressure Monitoring Devices

Sec.

32.22T-1 Scope and applicability.

32.22T-5 Performance standards for tank level or pressure

monitoring devices.

Subpart 32.22T--Tank Level or Pressure Monitoring Devices

Sec. 32.22T-1 Scope and applicability.

(a) Effective period. This subpart is effective for 2 years from

April 28, 1997.

(b) Applicability. The standards set forth in this subpart apply to

tank level or pressure monitoring devices developed for use on single-

hull tank vessels over 5,000 gross tons carrying oil in bulk as cargo.

(c) Scope. This subpart sets performance standards for tank level

or pressure monitoring devices. If a device meeting these standards is

developed during the effective period of this subpart, the Coast Guard

will address installation requirements separately. During the effective

period of this subpart no owner or operator is required to install any

tank level or pressure monitoring device meeting the performance

standards of this subpart unless required by the Coast Guard in a

separate regulation.

Sec. 32.22T-5 Performance standards for tank level or pressure

monitoring devices.

(a) A tank level or pressure monitoring device shall determine the

level of the liquid in a cargo tank without opening ullage holes, cargo

hatches, or butterworth plates.

[[Page 14831]]

(b) A tank level or pressure monitoring device shall meet the

following standards:

(1) Automatically compensate for changes in cargo volume due to

temperature.

(2) Meet the requirements in Sec. 111.105 of this chapter when used

in hazardous locations.

(3) Indicate any loss of power or failure of the tank level or

pressure monitoring device and monitor the condition of the alarm

circuitry and sensor by an electronic self-testing feature.

(4) Alarm before cargo in the cargo tank declines to a level of 0.5

percent below the quantity to which it was loaded, or 1,000 gallons of

cargo, whichever is less.

(5) Operate without degradation in heavy seas, moisture, and

varying weather conditions.

(6) Not alarm when loading or off loading cargo.

(7) Have audible and visible alarm indicators that can be seen and

heard on the navigation bridge of the vessel, or towing vessel for non-

self-propelled vessels, which are distinctly identifiable as cargo tank

level or pressure monitoring alarms.

Dated: March 21, 1997.

J.C. Card,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety

and Environmental Protection.

[FR Doc. 97-7917 Filed 3-27-97; 8:45 am]

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