Barges Carrying Bulk Liquid Hazardous Material Cargoes

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR 151

[USCG-1999-5117]

RIN 2115-AF77

Barges Carrying Bulk Liquid Hazardous Material Cargoes

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard requests comments on the type and scope of any

necessary revisions to the barges carrying bulk liquid hazardous

material cargoes regulations. The regulations are almost 30 years old

and do not include current safety issues, technology standards, and

industry practices. At this early stage of the rulemaking process we

need information to help us identify potential regulatory revisions.

DATES: Comments and related material must reach the Docket Management

Facility on or before March 7, 2000.

ADDRESSES: To make sure your comments and related material are not

entered more than once in the docket, please submit them by only one of

the following means:

(1) By mail to the Docket Management Facility (USCG-1999-5117),

U.S. Department of Transportation, room PL-401, 400 Seventh Street SW.,

Washington, DC 20590-0001.

(2) By hand delivery to room PL-401 on the Plaza level of the

Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m.

and 5 p.m., Monday through Friday, except Federal holidays. The

telephone number is 202-366-9329.

(3) By fax to the Docket Management Facility at 202-493-2251.

(4) Electronically through the Web Site for the Docket Management

System at http://dms.dot.gov.

The Docket Management Facility maintains the public docket for this

rulemaking. Comments and material received from the public, as well as

documents mentioned in this preamble as being available in the docket,

will become part of this docket and will be available for inspection or

copying at room PL-401 on the Plaza Level of the Nassif Building, 400

Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays. You may also find this docket

on the Internet at http://dms.dot.gov.

A copy of the Chemical Transportation Advisory Committee's (CTAC)

recommended changes to the Coast Guard carriage regulations for barges

carrying bulk liquid hazardous material cargoes is available in the

public docket at the above address, on the Internet at http://

dms.dot.gov, or you may obtain a copy by contacting the project manager

at the number in FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: For questions on this advance notice

of proposed rulemaking, call Mr. Thomas Felleisen, Hazardous Materials

Standards Division, Coast Guard, telephone 202-267-0085. For questions

on viewing or submitting material to the docket, call Dorothy Walker,

Chief, Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to participate in this rulemaking by

submitting comments and related material. If you do so, please include

your name and address, identify the docket number for this advance

notice (USCG-1999-5117), indicate the specific section or question in

this document to which each comment applies, and give the reason for

each comment. You may submit your comments and material by mail, hand

delivery, fax, or electronic means to the Docket Management Facility at

the address under ADDRESSES; but please submit your comments and

material by only one means. If you submit them by

[[Page 48977]]

mail or hand delivery, submit them in an unbound format, no larger than

8\1/2\ by 11 inches, suitable for copying and electronic filing. If you

submit them by mail and would like to know they reached the Facility,

please enclose a stamped, self-addressed postcard or envelope. We will

consider all comments and material received during the comment period

when developing our proposed changes to the regulations.

Public Meeting

We do not now plan to hold a public meeting. But you may submit a

request for one to the Docket Management Facility at the address under

ADDRESSES explaining why one would be beneficial. If we determine that

one would aid this rulemaking, we will hold one at a time and place

announced by a later notice in the Federal Register.

Purpose

We need your comments and information on the issues contained in

this advance notice to help us define the scope of any necessary

revisions to the barges carrying bulk liquid hazardous material cargoes

regulations in 46 CFR part 151. The regulations are almost 30 years old

and do not include current safety issues, technology standards, and

industry practices. At this early stage of the rulemaking process we

need information to help us identify potential regulatory revisions.

Background

The existing barges carrying bulk liquid hazardous material cargoes

regulations were published in 1970 and only minor changes have been

made to them since then. In 1993, the Chemical Transportation Advisory

Committee (CTAC) submitted recommended regulatory changes to the Coast

Guard and requested that we revise our regulations accordingly. A

complete copy of their 1993 recommendations is available in the public

docket. These recommendations included changes to the regulations to--

Reduce chemical spills;

Formalize policy;

Reflect changes to industry practices; and

Clarify regulatory text.

Since these recommendations are over five years old the Coast Guard

will request CTAC to review them. The Coast Guard will consider these

recommendations when developing its proposed revisions to the barges

carrying bulk liquid hazardous material cargoes regulations, but would

like to receive your comments on CTAC's recommendations. A copy of

CTAC's recommendations is also available by contacting the Coast Guard

project manager under FOR FURTHER INFORMATION CONTACT or on the

Internet at http://dms.dot.gov.

The Louisiana Governor's Maritime Task Force has identified a need

for revised cargo identification signs on barges carrying hazardous

liquid cargoes in bulk. Louisiana emergency responders have indicated a

preference for the placarding system used by trucking and rail

transportation. The current warning sign system used on barges might

not be satisfactory for emergency responders who have been trained to

recognize the trucking and rail placarding system. Also, the current

signs might not assist responders to rapidly identify contents and

compatibility of barge cargoes from remote locations. The Coast Guard

would like to receive your comments about whether we should require

placarding used by trucking and rail transportation on barges carrying

bulk liquid hazardous material.

Preliminary Regulatory Assessment

This rulemaking is not likely to be classified as a significant

regulatory action under section 3(f) of Executive Order 12866 and is

not likely to be significant under the regulatory policies and

procedures of the Department of Transportation (44 FR 11040; February

26, 1979). A draft regulatory evaluation under paragraph 10(e) of the

regulatory policies and procedures of the Department of Transportation

would be prepared to support any future Notice of Proposed Rulemaking

(NPRM).

The Coast Guard will not prepare a benefit-cost analysis until we

have identified the regulatory changes we wish to propose. We do not

have any cost figures on CTAC's recommendations, however, if you have

cost data concerning CTAC's recommendations, as well as other relevant

cost data, please forward it to the Docket Management Facility listed

under ADDRESSES.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast

Guard must consider whether a potential rulemaking would have

significant economic impacts 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.

Some barge companies subject to our regulations may be small

entities. Because we have not yet proposed specific revisions and

because the number of affected small entities has not been identified,

we cannot accurately estimate the potential impact on small entities at

this time. As part of the required 5 U.S.C. 610 review of regulations

affecting small entities, we are requesting information at this early

stage about the aspects of this rulemaking which may affect small

entities, so we can evaluate and minimize the impact of proposed

changes on them.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104-21), we want to assist small entities

in understanding this advance notice so they can better evaluate the

potential effects of any future rulemaking on them and participate in

the rulemaking process. If you believe this rulemaking may affect your

small business, organization, or agency, please explain how you could

be affected, and tell us what flexibility or compliance alternatives

the Coast Guard should consider to minimize the burden on you while

promoting safety measures for barges carrying bulk liquid hazardous

material cargoes. If you have questions concerning this advance notice,

you may call the Coast Guard project manager designated in FOR FURTHER

INFORMATION CONTACT. We also maintain a small business regulatory

assistance Web Page at http://www.uscg.mil/hq/g-m/regs/reghome.html

that has current information on small entity issues and proposed Coast

Guard regulations. To help small entities become more involved in this

rulemaking, we will mail copies of this advance notice to Small

Business Development Center (SBDC) State Directors nationwide for

distribution to local SBDC offices and interested small businesses.

Collection of Information

Under the Paperwork Reduction Act (44 U.S.C. 3501-3520), the Office

of Management and Budget (OMB) reviews each proposed rule that contains

a collection of information requirement to determine whether the

practical value of the information is worth the burden imposed by its

collection. As defined in 5 CFR 1320.3(c), ``collection of

information'' comprises reporting, record-keeping, monitoring, posting,

labeling, and other, similar actions. Current collection of information

requirements, approved under OMB Control Number 2115-0541, are shown in

the following table.

[[Page 48978]]

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Rule cite Type of document submitted Frequency

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151.01-10(c).......................... For tank barges. Application Every 2 years.

for inspection.

151.01-10(c)(1)....................... For new vessels > 300'. Prior to first voyage.

Loading information.

151.10-15............................ For new or modified barges. As needed.

Stability calculations.

151.15-3(b)(8)........................ For new pressure vessel tank As needed.

barges. Calculations

showing stress level in

tanks under dynamic loading

condition or grounding

conditions.

151.15-3(d)(4)........................ For barges. Heat As needed.

transmission tests and

studies.

151.45-2(e)........................... For barges. Warning signs When brought into service and replaced

and cargo info cards. when needed.

151.45-3.............................. For personnel who will man As needed.

barges. Letter.

151.45-4(a)(2)........................ For qualified personnel. As needed.

Letter that person on duty

qualified to handle cargo.

151.45-7.............................. For all vessels. Shipping Per trip.

papers for all cargoes.

151.50-6(d)........................... For barges. Notification of As needed.

internally inspecting tanks

used for Motor fuel

antiknock compounds (MKAFC).

151.50-12(b).......................... For barges. Chemical As needed.

composition of all steel

used in construction of

tanks that will carry

ethylene oxide.

151.50-20(i).......................... For barges. Notification As needed.

tanks approved for acid

cargoes to be used for

other cargoes.

151.50-22 and 23...................... For responsible personnel. As needed.

Request to ship spent

hydrochloric acid,

phosphoric acid adulterates

by other chemicals,

inhibitors, etc.

151.50-30(e).......................... For responsible personnel. As needed.

Request to deviate from

filling density limits in

requirements for compressed

gasses.

151.50-31(d).......................... For company. Request to use As needed.

welded or other unions for

chlorine transfer lines.

151.50-50(n).......................... For owner/operator. Request As needed.

to transport cargo other

than phosphorous in

phosphorous cart tanks or

another cargo when

transporting phosphorous in

another tank.

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We will review these collection requirements to validate, reduce, or

eliminate existing burdens that are no longer necessary. We request

comments on how we may reduce or eliminate any of the current

information collection requirements.

Questions

We request your comments and any data or information that would

answer the following questions, as well as comments on any other part

of the current regulations that should be revised. In responding to a

question, please explain your reasons for each answer so that we can

carefully weigh the consequences and impacts of any future requirements

we may propose. In addition, please provide relevant data (data on

operational incidents resulting in personal injury, property damage, or

pollution would be particularly useful), if possible, that will support

the need for a revision to the barges carrying bulk liquid hazardous

material cargoes regulations.

1. The Coast Guard is considering a major update of the regulations

in 46 CFR part 151, which are almost 30 years old. Do you think those

regulations are adequate to protect against hazards to life and

property, to ensure navigation and vessel safety, or to protect the

marine environment? If not, why are they not adequate and which

sections in 46 CFR part 151 need to be changed? How should these

sections be changed? How can the sections in 46 CFR part 151 be

clarified?

2. The recommendations from the Chemical Transportation Advisory

Committee (CTAC) mentioned in the Background section of the preamble,

if adopted, would change the organization of the regulations for tank

barges carrying hazardous cargoes. Should 46 CFR part 151 be organized

differently than it is now? If so, how should it be organized? Should

46 CFR parts 151 and 153 (Ships Carrying Bulk Liquid, Liquefied Gas, or

Compressed Gas Hazardous Materials) be organized similarly? What

benefit(s) would there be if these parts were organized similarly?

3. The United States is attempting to convert regulations to the

metric system. What measurement system should be used in the

regulations? Standard? Metric? Or both? What benefits are there to

using one measurement system instead of the other or both?

4. The following incorporation by reference standards are cited in

46 CFR 151.01-2:

a. ASNT Recommended Practice No. SNT-TC-1A (1998), Personnel

Qualification and Certification in Nondestructive Testing (Sec. 151.04-

7(c)(2)).

b. ASME Boiler and Pressure Vessel Code section V, Nondestructive

Examination (1986) (Sec. 151.04-7(a)(1)). Are these standards still

useful? Should either be updated? Are there any new standards that

should be incorporated into these regulations? If so, what are they?

Why should they be used?

5. The current regulations may include terms that are unclear or

define terms that are no longer used. Which definitions in 46 CFR

151.03 should be updated or deleted? Please explain. Are there other

terms that the Coast Guard should define in that section? Please

explain.

6. Barges transferring hazardous cargoes have traditionally been

required to display the red flag under 46 CFR 151.45-9. Should the

Coast Guard continue to require the red flag to indicate cargo transfer

operations?

7. The Louisiana Governor's Maritime Task Force has identified a

need for cargo identification signs on barges carrying hazardous liquid

cargoes in bulk. We would like your comments about whether we should

require placarding used by trucking and rail transportation on barges

carrying bulk liquid hazardous material. What other considerations

apply to placarding on barges carrying bulk liquid hazardous material

for purposes of identifying cargoes?

8. Certain waterways may have special needs. Are there any

geographic or seasonal concerns that are not currently addressed in 46

CFR part 151? If so, please explain.

9. The current rules in 46 CFR part 151 have requirements for

cargo-specific materials of construction. Do the following sections

still represent engineering practices adequate to protect against

hazards to life and property, to ensure navigation and vessel safety,

or to protect the marine environment:

[[Page 48979]]

a. 46 CFR 151.55--Special Requirements for Materials of

Construction?

b. 46 CFR 151.56--Prohibited Materials of Construction?

c. 46 CFR 151.58--Required Materials of Construction?

If not, how should they be changed to meet adequate engineering

practices?

10. Currently, the Commandant of the Coast Guard approves carriage

of new types of cargoes. Should the Coast Guard improve its procedures

for assigning requirements for chemical cargoes in 46 CFR 151.01-5?

Please explain.

11. Should the Coast Guard exempt existing barges carrying bulk

liquid hazardous material from possible revisions to these regulations?

Please explain. Should retrofitting any equipment to existing barges

carrying liquid hazardous material be required? If so, what equipment

should be retrofitted? Why? Should the regulations include a phase-in

period for any new requirements? If so, how long should the period be?

12. The Coast Guard expresses no opinion regarding the merit of

CTAC's recommendations discussed in the preamble. However, based on

your review of CTAC's submission to the Coast Guard, which

recommendations should the Coast Guard include in a proposed rule?

Which CTAC recommendations should the Coast Guard not include in a

proposed rule? Which CTAC recommendations should the Coast Guard revise

and include in a proposed rule? Why?

13. The Coast Guard seeks information about the following subjects

to assist in evaluating CTAC's recommendations and developing the most

appropriate revisions to 46 CFR part 151:

a. Accident data detailing deaths.

b. Injuries.

c. Property damage.

d. Environmental damage.

e. Cost estimates of new barge construction.

14. What are the costs of the following CTAC recommended equipment

modifications:

a. Changes in construction standards.

b. Addition of high level alarms.

c. Installation of tanks with high velocity vents.

d. Perforation of ullaging tubes.

15. The Coast Guard seeks cost data associated with recent

technological improvements in the barge industry for carriage of liquid

hazardous material. Those recent technological improvements may be

proposed by this rulemaking. Please identify the improvements and their

associated costs.

16. For almost three decades current rules in 46 CFR part 151 have

had no change in their recordkeeping burden. These recordkeeping

requirements are discussed in the Collection of Information section of

the preamble. Should the current collection of information requirements

be reduced or revised? If so, how should the requirements be changed?

Should the Coast Guard allow for electronic submissions and/or

recordkeeping?

17. If you believe a small entity will be affected by potential

changes to the barges carrying bulk liquid hazardous material cargoes

regulations, then please explain what flexibility or compliance options

the Coast Guard should consider and how these options would minimize

the burden on small entities.

Dated: September 1, 1999.

Joseph J. Angelo,

Acting Assistant Commandant for Marine Safety and Environmental

Protection.

[FR Doc. 99-23421 Filed 9-8-99; 8:45 am]

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