[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Proposed Rules]
[Page 65151-65195]
[DOCID:fr21oc10-25]

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Part III

Department of Homeland Security

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Coast Guard

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33 CFR Parts 154, 155, and 156

46 CFR Parts 35 and 39

Marine Vapor Control Systems; Proposed Rule

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 154, 155, and 156

46 CFR Parts 35 and 39

[USCG-1999-5150]
RIN 1625-AB37

Marine Vapor Control Systems

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to increase maritime domain safety by
revising existing safety regulations for facility and vessel vapor
control systems (VCSs). The proposed changes would make VCS
requirements more compatible with new Federal and State environmental
requirements, reflect industry advancements in VCS technology, and
codify the standards for the design and operation of a VCS at tank
barge cleaning facilities. These changes would increase the safety of
operations by regulating the design, installation, and use of VCSs, but
would not require anyone to install or use VCSs.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 21,
2011 or reach the Docket Management Facility by that date. Comments
sent to the Office of Management and Budget (OMB) on collection of
information must reach OMB on or before April 21, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
1999-5150 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.D. of this notice of
proposed rulemaking (NPRM), you must also send comments to the Office
of Information and Regulatory Affairs (OIRA), Office of Management and
Budget. To ensure that your comments to OIRA are received on time, the
preferred methods are by e-mail to<EMAIL_ADDRESS>(include the docket number and ``Attention: Desk Officer for Coast
Guard, DHS'' in the subject line of the e-mail) or fax at<PHONE_NUMBER>.
An alternate, though slower, method is by U.S. mail to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S.
Coast Guard.
    Viewing Incorporation by Reference Material: You may inspect the
material proposed for incorporation by reference at room 1214, U.S.
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC
20593-0001 between 9 a.m. and 4 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Ms. Sara Ju, Office of Operating and Environmental
Standards, U.S. Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Basis and Purpose
IV. Discussion of Proposed Rule
V. Incorporation by Reference
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-1999-5150), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-1999-5150'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by 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 comments by
mail and would like to know that they have reached the Facility, please
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-1999-5150'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington,

DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
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.

II. Abbreviations

ANSI American National Standards Institute
API American Petroleum Institute
ASTM American Society for Testing and Materials
CAA 90 U.S. Clean Air Act Amendments of 1990
CTAC Chemical Transportation Advisory Committee
DHS Department of Homeland Security
DOT Department of Transportation
EPA U.S. Environmental Protection Agency
HAP Hazardous air pollutant
IEC International Electrotechnical Commission
IMO International Maritime Organization
ISA International Standards Association
ISGOTT International Safety Guide for Oil Tankers and Terminals
MAWP Maximum allowable working pressure
MESG Maximum experimental safe gap
MISL Marine Information for Safety and Law Enforcement
MOCC Minimum oxygen concentration for combustion
MSC Coast Guard Marine Safety Center
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NFPA National Fire Protection Association
NPRM Notice of proposed rulemaking
NTTAA The National Technology Transfer and Advancement Act
NVIC Navigation and Vessel Inspection Circular
OCIMF Oil Companies International Marine Forum
OMB Office of Management and Budget
P&IDs Piping and instrumentation diagrams
PIC Person-in-charge
PPM Parts per million
psi Pounds per square inch
psia Pounds per square inch absolute
psig Pounds per square inch gauge
QDC Quick disconnect couplings
SIC Standard Industrial Classification
UFL Upper flammable limit
USCG U.S. Coast Guard
VCS Vapor control system
VOC Volatile organic compound

III. Basis and Purpose

    This NPRM proposes amendments to 1990 Coast Guard regulations
(final rule, 55 FR 25396; June 21, 1990) relating to facility and
vessel vapor control systems (VCSs), and generally appearing in 33 CFR
part 154, subpart E and in 46 CFR part 39. These regulations do not
require any facility or vessel to control vapor or be equipped with a
VCS, nor do they require a vessel to take away vapor from facilities.
Instead, these regulations would apply to facilities and vessels that
voluntarily engage in vapor control activities or that do so in
compliance with other regulatory requirements imposed by the Federal
Government or by the States. Our regulatory authority is delegated to
the Coast Guard by the Secretary of Homeland Security, and derives from
42 U.S.C. 7511b(f)(2), 33 U.S.C. 1231, and 46 U.S.C. 3703. Section
7511b(f)(2) of Title 42 U.S.C. was enacted by the Clean Air Act
Amendments of 1990 (CAA 90), and directs the Secretary to issue
regulations ensuring the safety of equipment and operations used to
control vapor emissions. Section 1231 of Title 33 U.S.C. gives the
Secretary authority to issue regulations to implement port and
waterways safety statutes. One of those statutes is 33 U.S.C. 1225,
which requires the Secretary to act as necessary to prevent damage to
land and structures on or along U.S. navigable waters and to protect
these navigable waters and their resources. Section 3703 of Title 46
U.S.C. requires the Secretary to regulate vessels and their liquid bulk
dangerous cargo operations to protect life, property, and the marine
environment.
    During marine tank vessel loading and other operations, the liquid
loaded into a cargo tank displaces vapors within the tank. Vapors are
also generated because of vapor growth. The emitted vapors of certain
cargoes contain volatile organic compounds (VOCs) and other air
pollutants. CAA 90 requires that these vapors be controlled in air
quality non-attainment areas. Under CAA 90, the U.S. Environmental
Protection Agency (EPA) issues national standards for control of VOCs
and other air pollutants emitted during marine tank vessel operations.
CAA 90 also authorizes Federal and State regulations to set vapor
emission standards and to require that marine terminals and tank
vessels be equipped with VCSs. These systems are used to collect and
process vocs and other air pollutants emitted during loading and other
operations of marine tank vessels.
    Two trends have emerged since we implemented our current VCS
regulations. Together, these trends make it advisable for us to amend
our regulations.
    Improved design and technology: First, VCS design and technology
has improved since 1990, and our current regulations do not reflect
those improvements. Currently, we accommodate these design and
technology improvements by using the exemption and equivalency
determination provisions of 33 CFR 154.108 and 46 CFR 30.15-1 to
approve individual applications by VCS owners or designers who can show
that their improvements provide a level of safety at least equivalent
to that provided by our regulations. Reliance on individual exemptions
or equivalency determinations involves extra risk for VCS owners and
designers, and extra review time for the Coast Guard. We would prefer
to reduce the need for individual exemptions and equivalency
determinations, and therefore reduce Coast Guard administrative work,
by updating our regulations to reflect more recent VCS design and
technology.
    Expanded capabilities and requirements: Second, VCSs may now
control more cargoes than they could in 1990, and are subject to
additional Federal and State regulatory requirements. In 1990, Federal
and State requirements limited VCSs to the control of vapor emissions
from crude oil, gasoline blend, or benzene cargoes. The EPA and States
now permit or require the control of vapor emissions from many other
cargoes. See current EPA regulations in 40 CFR subpart Y, 40 CFR
63.560-63.568. In addition, EPA regulations now require marine tank
vessels operating at major terminals that control VOC vapors to be
vapor-tight and equipped with vapor collection systems. 40 CFR 63.562.
Because current Coast Guard regulations have not been significantly
amended since 1990, they do not reflect the expanded range of cargoes
controlled by VCSs, nor do they reflect EPA's current 40 CFR 63.562
requirements.
    Facilities and vessels that control vapors from cargoes other than
crude oil, gasoline blend, or benzene, or that are subject to 40 CFR
63.562, may voluntarily comply with guidance that we provided in a
policy letter sent to

VCS-certifying entities on May 5, 1992, or in Navigation and Vessel
Inspection Circular (NVIC) No. 1-96 (April 1996), which provides safety
standards for the design and operation of marine VCSs at tank barge
cleaning facilities. This guidance was developed in close consultation
with the Chemical Transportation Advisory Committee (CTAC), a Coast
Guard advisory committee that operates under the Federal Advisory
Committee Act, 5 U.S.C. Appendix 2, but it is not legally binding on
these facilities and vessels. These guidance documents are available in
the public docket. We wish to update our VCS regulations to incorporate
this guidance in our regulatory requirements.
    Our proposed changes would bring our regulations into line with the
guidance we have developed to deal with post-1990 improvements in VCS
design and technology, with the expanded capabilities that VCSs now
provide, and with the expansion of the Federal and State regulatory
environments in which VCSs function. The proposed changes would also
adopt or modify many CTAC recommendations, all of which appear in the
docket for this rulemaking.

IV. Discussion of Proposed Rule

    The proposed new regulations:
     Reflect the expanded number and scope of Federal and State
regulations for VCSs since 1990;
     Reflect advances in VCS technology and operational
practices since 1990, particularly in vapor-balancing operations, cargo
line clearing operations, and multi-breasted tandem barge-loading
operations;
     Incorporate the policy guidance (1992 policy letter and
1996 NVIC; both available in the docket) and reflect regulatory
exemptions and equivalency determinations that we have provided or
granted since 1990;
     Provide new regulations for cargoes and operations, such
as tank barge cleaning, that have become subject to Federal or State
regulatory expansion since 1990;
     Provide for periodic operational reviews to ensure that
VCSs are properly maintained and operated after they are certified;
     Provide an alternate test program for analyzers and
pressure sensors, in addition to existing 24-hour pre-transfer/cleaning
instrument testing requirements, to provide greater regulatory
flexibility;
     Require certifying entities to be operated by currently
licensed professional engineers, to ensure that certification is
conducted by properly qualified professionals, and clarify the role of
the certifying entity in VCS design, installation, and hazard reviews;
     Remove 33 CFR part 154, appendix B, which provides
specifications for flame arresters, and requires flame arresters to
meet third-party standards, because of apparent lack of public demand
for these devices;
     Attempt to achieve greater clarity through the use of
tabular presentation;
     Update industry standards that are incorporated by
reference into our regulatory requirements;
     Phase in requirements for existing VCSs in order to
moderate the economic impact of new requirements for those VCSs;
     Make conforming changes in regulations other than 33 CFR
part 154, subpart E and 46 CFR part 39; and
     Make nonsubstantive changes in the wording or style of
existing regulations, either to improve their clarity or to align them
with current Federal regulatory style guidance.
    Table 1 shows the sections affected by our proposed rule and, with
reference to the foregoing discussion, briefly indicates how and why we
propose to change, add, or remove regulatory text. The proposed
regulatory text itself is, in many places, complex and technical.
Therefore, we invite you to use Table 1 as a guide, but we urge you to
read and analyze the proposed regulatory text following this preamble
with care, to determine exactly how these proposed changes could affect
you. We are providing an extended public comment period--6 months
instead of the Coast Guard's normal 3-month period--to facilitate your
in-depth review.

                               Table 1--Proposed Changes in Marine VCS Regulations
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Section                                                                Proposed change and justification
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33 CFR:
    154.106.................................................  Update or add standards that are incorporated by
                                                               reference, to reflect changes proposed elsewhere
                                                               in Part 154 and, generally, to reflect technology
                                                               improvements since 1990.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.310(b)..............................................  Amend operations manual requirements relating to
                                                               VCSs to reflect other proposed changes and to
                                                               ensure the operations manual provides adequate
                                                               information.
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    154.500.................................................  Update or add industry flange and coupling
                                                               standards that are incorporated by reference, and
                                                               make nonsubstantive wording or style changes.
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    154.735.................................................  Update or add incorporated-by-reference industry
                                                               standards for electrical wiring, electrical
                                                               equipment, and tank cleaning or gas freeing
                                                               operations involving oil residue or mixtures, and
                                                               make nonsubstantive wording or style changes.
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    154.740.................................................  Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.800-154.850 (33 CFR Part 154, Subpart E)............  Remove these sections and transfer substance to
                                                               new Subpart P, beginning with 33 CFR 154.2000, to
                                                               facilitate the substantive changes we propose
                                                               while preserving related material in a sequential
                                                               arrangement. Existing sections and their proposed
                                                               new locations are listed here:
                                                             ---------------------------------------------------
                                                                   Existing Sec.             Proposed Sec.
                                                             ---------------------------------------------------
                                                              154.800.................  154.2000
                                                              154.802.................  154.2001
                                                              154.804.................  154.2020-154.2023
                                                              154.806.................  154.2010, 154.2011

                         Table 1--Proposed Changes in Marine VCS Regulations--Continued
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Section                                                                Proposed change and justification
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                                                              154.808.................  154.2100
                                                              154.810.................  154.2101
                                                              154.812.................  154.2102
                                                              154.814.................  154.2103
                                                              154.820, 154.822........  154.2105, 154.2106
                                                              154.824.................  154.2107
                                                              154.826.................  154.2108
                                                              154.828.................  154.2109
                                                              154.840.................  154.2030
                                                              154.850.................  154.2150
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    154.2000 (present 154.800)..............................  Extend the applicability of this part to cover the
                                                               range of cargoes that can be controlled by a VCS,
                                                               and the range of facilities and operations using
                                                               VCSs. Both have expanded since 1990.
                                                              Grandfather existing facilities and provide for 3-
                                                               year phase-in to moderate the economic impact of
                                                               new requirements.
                                                              Add language explaining the difference between
                                                               regulatory measurements and parenthetical
                                                               measurements that are included only for
                                                               convenience, to eliminate possible confusion as
                                                               to which measurement is the focus of the
                                                               regulation.
                                                              Clarify, without substantive change, that Coast
                                                               Guard regulations do not require any vessel or
                                                               facility to control vapor, but that the
                                                               regulations apply to vessels or facilities that
                                                               choose to or that, due to other laws, must
                                                               control vapor.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.2001 (present 154.802)..............................  Add definitions to reflect substantive changes
                                                               proposed elsewhere in the NPRM.
                                                              Make nonsubstantive wording or style changes.
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    154.2010, 154.2011 (present 154.806)....................  Reorganize provisions discussing qualifications
                                                               and acceptance of certifying entities, for
                                                               improved clarity.
                                                              Codify current USCG guidance for those applying
                                                               for acceptance as certifying entities, to
                                                               eliminate possible confusion.
                                                              Require certifying entities to use licensed
                                                               professional engineers for VCS certification, to
                                                               ensure that certification is conducted by persons
                                                               with appropriate professional qualifications, as
                                                               recommended by CTAC.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.2020-154.2023 (present 154.804).....................  Reorganize provisions discussing VCS certification
                                                               and recertification for improved clarity, and add
                                                               new requirements for operational reviews, to help
                                                               reduce post-certification maintenance and
                                                               operational problems.
                                                              Clarify, without substantive change, that
                                                               recertification is needed before an approved VCS
                                                               can operate beyond the terms of its existing
                                                               certification.
                                                              Codify current USCG guidance for certifying
                                                               entities conducting certification or
                                                               recertification reviews, to standardize
                                                               certification or recertification requirements and
                                                               processes.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.2030 (present 154.840)..............................  Add new training requirements to reflect other
                                                               proposed changes.
                                                              Add new training requirements for persons
                                                               overseeing VCS maintenance, to help ensure a good-
                                                               quality maintenance program between
                                                               recertifications.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
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    154.2031................................................  Add new section to address training requirements
                                                               for tank barge cleaning facility personnel,
                                                               because Federal and State regulations have
                                                               expanded to include these facilities since 1990.
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    154.2100 (present 154.808)..............................  Revise temperature limits to reflect additional
                                                               cargoes.
                                                              Modify or clarify (without substantive change) VCS
                                                               piping, working pressure, remote indicator, alarm
                                                               and shutdown activation, condensate control, VCS
                                                               components/vapor suitability, and vapor
                                                               processing unit provisions in line with current
                                                               USCG guidance; thereby eliminating the current
                                                               need, explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               that guidance.
                                                              Make nonsubstantive wording or style changes, and
                                                               update or add standards that are incorporated by
                                                               reference.
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    154.2101 (present 154.810)..............................  Remove requirement for manual isolation valve
                                                               between facility vapor connection and remotely
                                                               operated cargo vapor shutoff valve to eliminate
                                                               potential for overpressure if isolation valve is
                                                               accidentally left closed, to reflect post-1990
                                                               equipment and operational practice improvements.
                                                              Modify or clarify (without substantive change)
                                                               remotely operated cargo vapor shutoff valve,
                                                               vapor line marking, vapor hose, and electrical
                                                               insulation provisions in line with current USCG
                                                               guidance; thereby eliminating the current need,
                                                               explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               that guidance.

                         Table 1--Proposed Changes in Marine VCS Regulations--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Section                                                                Proposed change and justification
----------------------------------------------------------------------------------------------------------------
                                                              Make nonsubstantive wording or style changes,
                                                               update or add standards that are incorporated by
                                                               reference, and conform cross references to
                                                               reflect proposed redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2102 (present 154.812)..............................  Exclude facilities that collect vapors emitted
                                                               during inerting of vessel cargo tanks because
                                                               during cargo tank inerting, an inert gas instead
                                                               of a liquid is added into the cargo tank and
                                                               therefore there is no liquid overfill hazard, in
                                                               line with current USCG guidance; thereby
                                                               eliminating the current need, explained in Part
                                                               III of this preamble, for equivalency or
                                                               exemption determinations based on that guidance.
                                                              Eliminate requirement for separate overfill
                                                               control panels, to reflect post-1990 equipment
                                                               and operational practice improvements; the change
                                                               would allow the overfill control system to be
                                                               incorporated into other control panels to save
                                                               cost.
                                                              Clarify, without substantive change, what type of
                                                               facilities need to have explosion-proof overfill
                                                               receptacles.
                                                              Align labeling requirements with current equipment
                                                               vendor practice, which is suitable for these
                                                               requirements.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2103 (present 154.814)..............................  Revise to reflect additional cargoes that have
                                                               been added since 1990.
                                                              Require low-pressure sensors only if vapor-moving
                                                               device is used to draw vapor; the change would
                                                               allow cost savings because a vapor-moving device
                                                               is the source of vacuum in a VCS.
                                                              Require pressure sensors in facilities that
                                                               collect vapors while inerting vessel cargo tanks,
                                                               to prevent overpressurization hazard caused by
                                                               inert gas added into the cargo tanks.
                                                              Modify or clarify (without substantive change)
                                                               cargo vapor shutoff valve closing, shutdown
                                                               setpoint, pressure sensor location, and pressure
                                                               relief valve provisions in line with current USCG
                                                               guidance; thereby eliminating the current need,
                                                               explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               that guidance.
                                                              Limit requirements for flame arresters or flame
                                                               screens to the flammable, combustible, or non-
                                                               high flash point liquid cargoes for which flame
                                                               is a serious threat.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2104................................................  Add new section to provide for cargo line
                                                               clearance systems, to reflect post-1990 equipment
                                                               and operational practice improvements, in line
                                                               with current USCG guidance; thereby eliminating
                                                               the current need, explained in Part III of this
                                                               preamble, for equivalency or exemption
                                                               determinations based on that guidance.
----------------------------------------------------------------------------------------------------------------
    154.2105, 154.2106 (present 154.820, 154.822)...........  Reorganize provisions for improved clarity.
----------------------------------------------------------------------------------------------------------------
                                                              Revise to reflect additional cargoes that have
                                                               been added since 1990.
                                                              Limit applicability to the flammable, combustible,
                                                               or non-high flash point liquid cargoes for which
                                                               fire, explosion, or detonation are serious
                                                               threats.
                                                              Remove flame arrester provisions (and Appendix B)
                                                               due to apparent lack of public demand for these
                                                               devices. To maintain the equivalent level of
                                                               safety, flame arresters are required to meet
                                                               industry standards and the VCS is required to
                                                               have additional safety monitoring instruments
                                                               which will activate emergency VCS shutdown.
                                                              Modify or clarify VCS controlling inerted cargo
                                                               vapors, oxygen analyzer, dock detonation arrester
                                                               location, discharge vent, and detonation arrester
                                                               installation provisions in line with current USCG
                                                               guidance; thereby eliminating the current need,
                                                               explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               that guidance.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2107 (present 154.824)..............................  Revise to reflect additional cargoes (added since
                                                               1990) that share the flammable, combustible, or
                                                               non-high flash point characteristics of cargoes
                                                               covered by the existing regulation.
                                                              Modify, add, or clarify (without substantive
                                                               change) vapor line purging, gas injection
                                                               location, analyzer controlling scheme, analyzer
                                                               response time, analyzer alarm and shutdown
                                                               setpoint, inert gas producing combustion device
                                                               separation, and base loading method provisions in
                                                               line with current USCG guidance; thereby
                                                               eliminating the current need, explained in Part
                                                               III of this preamble, for equivalency or
                                                               exemption determinations based on that guidance.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2108 (present 154.826)..............................  Revise to reflect additional cargoes added since
                                                               1990; limit paragraphs (b) and (e) to flammable,
                                                               combustible, or non-high flash point cargoes that
                                                               are subject to fire, detonation, or explosion.
                                                              Remove references to flame arresters, explosion
                                                               suppressors, and other systems for which there is
                                                               an apparent lack of public demand or which USCG
                                                               generally has not accepted. Allow only Coast
                                                               Guard-accepted detonation arresters, to improve
                                                               safety.

                         Table 1--Proposed Changes in Marine VCS Regulations--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Section                                                                Proposed change and justification
----------------------------------------------------------------------------------------------------------------
                                                              Modify or clarify (without substantive change)
                                                               detonation arrester, alarm, and construction
                                                               provisions in line with current USCG guidance;
                                                               thereby eliminating the current need, explained
                                                               in Part III of this preamble, for equivalency or
                                                               exemption determinations based on that guidance.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2109 (present 154.828)..............................  Revise to reflect additional cargoes added since
                                                               1990; limit paragraphs (a), (b), and (e) to
                                                               flammable, combustible, or non-high flash point
                                                               cargoes that are subject to fire, detonation, or
                                                               explosion. Remove references to flame arresters,
                                                               explosion suppressors, and other systems USCG
                                                               generally has not accepted. Allow only Coast
                                                               Guard-accepted detonation arresters, to improve
                                                               safety.
                                                              Modify, add, or clarify (without substantive
                                                               change) quick-closing stop valve, anti-flashback
                                                               burner, liquid seal, and vapor-moving device
                                                               shutdown provisions in line with current USCG
                                                               guidance; thereby eliminating the current need,
                                                               explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               that guidance.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2110................................................  Add new section to provide for facilities that
                                                               control vapors to or from vessel cargo tanks
                                                               through vapor balancing, to reflect post-1990
                                                               equipment and operational practice improvements.
                                                              Limit the applicability of paragraphs (a)(2),
                                                               (a)(4), (b), and (c) to flammable, combustible,
                                                               or non-high flash point cargoes that are subject
                                                               to fire, detonation, or explosion, as those
                                                               paragraphs require measures that are only
                                                               intended to address the risks posed by such
                                                               cargoes.
----------------------------------------------------------------------------------------------------------------
    154.2111................................................  Add new section to provide for connection of a
                                                               marine VCS to a facility's main VCS, to reflect
                                                               technology advances since 1990.
----------------------------------------------------------------------------------------------------------------
    154.2112................................................  Add new section to provide for additional cargoes
                                                               that have potential to polymerize or freeze,
                                                               which have become subject to Federal or State
                                                               regulatory coverage since 1990.
----------------------------------------------------------------------------------------------------------------
    154.2113................................................  Add new section to provide for additional cargoes
                                                               that are alkylene oxides, which have become
                                                               subject to Federal or State regulatory coverage
                                                               since 1990.
----------------------------------------------------------------------------------------------------------------
    154.2150 (present 154.850)..............................  Revise to reflect substantive changes proposed
                                                               elsewhere in the NPRM.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    154.2180, 154.2181......................................  Provide additional regulatory flexibility by
                                                               adding new sections to provide testing program
                                                               for analyzers and pressure sensors as an
                                                               alternative to compliance with 154.2150 and
                                                               154.2250.
----------------------------------------------------------------------------------------------------------------
    154.2200-154.2250.......................................  Add new sections to provide for tank barge
                                                               cleaning facilities, which have become subject to
                                                               Federal or State regulatory coverage since 1990,
                                                               in line with NVIC No. 1-96 as modified by CTAC
                                                               recommendations.
----------------------------------------------------------------------------------------------------------------
    154, Appendix B.........................................  Remove appendix dealing with tank vent flame
                                                               arresters due to apparent lack of public demand
                                                               for these devices; see entry above for 154.2105,
                                                               154.2106.
----------------------------------------------------------------------------------------------------------------
    155.750.................................................  Update cross references.
----------------------------------------------------------------------------------------------------------------
    156.120.................................................  Revise to reflect substantive changes proposed
                                                               elsewhere in the NPRM.
----------------------------------------------------------------------------------------------------------------
    156.170.................................................  Update cross references.
                                                              Allow alternative methods of compliance with
                                                               testing and inspection requirements, in line with
                                                               public comment received on periodic renewal of
                                                               OMB approval for collection of information; see
                                                               Docket USCG-2005-22983 in Regulations.gov.
----------------------------------------------------------------------------------------------------------------
46 CFR:
    35.35-5.................................................  Prohibit use of ship-to-shore bonding cables, to
                                                               align with International Maritime Organization
                                                               and International Safety Guide for Oil Tankers
                                                               and Terminals policy, and make nonsubstantive
                                                               wording or style changes.
----------------------------------------------------------------------------------------------------------------
    35.35-20, 35.35-30......................................  Revise to reflect substantive changes proposed
                                                               elsewhere in the NPRM.
----------------------------------------------------------------------------------------------------------------
    Part 39.................................................  Revise and transfer substance from existing
                                                               sections to proposed new locations as listed
                                                               here, to facilitate the substantive changes we
                                                               propose while preserving related material in a
                                                               sequential arrangement.
                                                             ---------------------------------------------------

                         Table 1--Proposed Changes in Marine VCS Regulations--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Section                                                                Proposed change and justification
----------------------------------------------------------------------------------------------------------------
                                                                   Existing Sec.             Proposed Sec.
                                                             ---------------------------------------------------
                                                              39.10-1.................  39.1001
                                                              39.10-3.................  39.1003
                                                              39.10-5.................  39.1005
                                                              39.10-9.................  39.1009
                                                              39.10-11................  39.1011
                                                              39.10-13................  39.1013, 39.1015
                                                              39.20-1.................  39.2001
                                                              39.20-3.................  39.2003
                                                              39.20-7.................  39.2007
                                                              39.20-9.................  39.2009
                                                              39.20-11................  39.2011
                                                              39.20-13................  39.2013
                                                              39.30-1.................  39.3001
                                                              39.40-1.................  39.4001
                                                              39.40-3.................  39.4003
                                                              39.40-5.................  39.4005
----------------------------------------------------------------------------------------------------------------
    39.1001 (present 39.10-1)...............................  Revise applicability to reflect additional cargoes
                                                               and VCS operations that have become subject to
                                                               Federal or State regulatory coverage since 1990.
                                                              Grandfather existing tank barges and provide for 5-
                                                               year phase-in to moderate the economic impact of
                                                               new requirements, and codify current USCG
                                                               guidance.
                                                              Add language explaining the difference between
                                                               regulatory measurements and parenthetical
                                                               measurements that are included only for
                                                               convenience, to eliminate possible confusion as
                                                               to which measurement is the focus of the
                                                               regulation.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.1003 (present 39.10-3)...............................  Add definitions to reflect substantive changes
                                                               proposed elsewhere in the NPRM.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.1005 (present 39.10-5)...............................  Update, without substantive change, the general
                                                               incorporation-by-reference section in line with
                                                               current Office of the federal register
                                                               requirements for the language of such sections.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.1009 (present 39.10-9)...............................  Clarify, without substantive change, that vapor
                                                               processing units can be either permanent or
                                                               portable.
                                                              Clarify, without substantive change, that vapor
                                                               processing unit piping and components need to
                                                               meet 46 CFR chapter I, subchapter F and
                                                               electrical equipment need to meet 46 CFR chapter
                                                               I, subchapter J.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.1011 (present 39.10-11)..............................  Add new pre-cleaning procedures, which have become
                                                               subject to Federal or State regulatory coverage
                                                               since 1990, to personnel training requirements.
----------------------------------------------------------------------------------------------------------------
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
    39.1013, 39.1015 (present 39.10-13).....................  Clarify, without substantive change, by placing
                                                               alternative for foreign-flagged vessels in a
                                                               separate section (39.1015).
                                                              For the regulated public's benefit, provide
                                                               additional information about the process for
                                                               Marine Safety Center review and approval of
                                                               proposed modification of existing USCG-approved
                                                               vapor collection system.
                                                              Clarify, without substantive change, that vapor
                                                               processing unit is reviewed with tank vessel as a
                                                               system.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.1017.................................................  Add new section for tank barge multi-breasted
                                                               loading, to reflect post-1990 operational
                                                               practice improvements, and cargo tank gas-freeing
                                                               or cleaning operations, which have become subject
                                                               to Federal or State regulatory coverage since
                                                               1990.
----------------------------------------------------------------------------------------------------------------
    39.2001 (present 39.20-1)...............................  Allow flexible hoses and quick disconnect
                                                               couplings, to reflect technology advances since
                                                               1990.
                                                              Require overfill alarm and shutdown systems as
                                                               primary overfill protection for toxic cargoes, to
                                                               reflect technology advances since 1990.
                                                              Make nonsubstantive wording or style changes,
                                                               conform cross references to reflect proposed
                                                               redesignations, and update or add standards that
                                                               are incorporated by reference.
----------------------------------------------------------------------------------------------------------------

                         Table 1--Proposed Changes in Marine VCS Regulations--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
Section                                                                Proposed change and justification
----------------------------------------------------------------------------------------------------------------
    39.2003 (present 39.20-3)...............................  Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.2007 (present 39.20-7)...............................  Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.2009 (present 39.20-9)...............................  Clarify, without substantive change, tank overfill
                                                               sensor switch requirements.
                                                              Add provisions for tank barges with toxic cargoes
                                                               that have become subject to Federal or State
                                                               regulatory coverage since 1990.
                                                              Make nonsubstantive wording or style changes,
                                                               conform cross references to reflect proposed
                                                               redesignations, and update or add standards that
                                                               are incorporated by reference.
----------------------------------------------------------------------------------------------------------------
    39.2011 (present 39.20-11)..............................  Revise cargo tank venting system capacity
                                                               requirement to reflect additional cargoes that
                                                               have become subject to Federal or State
                                                               regulatory coverage since 1990, in line with
                                                               current USCG guidance.
                                                              Clarify, without substantive change, the range of
                                                               vacuum pressure at which cargo tank venting
                                                               system cannot relieve.
                                                              Allow liquid-filled pressure-vacuum breakers, to
                                                               reflect new technology since 1990.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.2013 (present 39.20-13)..............................  Clarify, without substantive change, the location
                                                               requirement for pressure sensors.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.2014.................................................  Add new section for polymerizing cargoes that have
                                                               become subject to Federal or State regulatory
                                                               coverage since 1990.
----------------------------------------------------------------------------------------------------------------
    39.2015.................................................  Add new section for tank barge pressure sensors,
                                                               to improve safety and to reflect new technology
                                                               since 1990.
----------------------------------------------------------------------------------------------------------------
    39.3001 (present 39.30-1)...............................  Replace obsolete ``letter of adequacy''
                                                               requirement with certification and operations
                                                               manual endorsement requirements.
                                                              Clarify, without substantive change, the venting
                                                               capacities of pressure-vacuum relief valves used
                                                               in determining cargo loading rates.
                                                              Clarify, without substantive change, the metallic
                                                               sampling equipment bonded requirement for static
                                                               accumulating cargoes.
                                                              Revise oxygen concentration requirements to
                                                               reflect additional cargoes that have become
                                                               subject to Federal or State regulatory coverage
                                                               since 1990.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
                                                              Update or add, generally to reflect technology
                                                               advances since 1990, industry standards that are
                                                               incorporated by reference.
----------------------------------------------------------------------------------------------------------------
    39.4001 (present 39.40-1)...............................  Revise to reflect additional operations and
                                                               cargoes that have become subject to Federal or
                                                               State regulatory coverage since 1990.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.4003 (present 39.40-3)...............................  Revise to reflect additional operations and
                                                               cargoes that have become subject to Federal or
                                                               State regulatory coverage since 1990.
                                                              Clarify, without substantive change, that the
                                                               detonation arrester requirement applies only to
                                                               non-inerted flammable or combustible cargoes that
                                                               are subject to serious flame or combustion risks.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.4005 (present 39.40-5)...............................  Revise to reflect additional operations and
                                                               cargoes that have become subject to Federal or
                                                               State regulatory coverage since 1990.
                                                              Make nonsubstantive wording or style changes and
                                                               conform cross references to reflect proposed
                                                               redesignations.
----------------------------------------------------------------------------------------------------------------
    39.5001-39.5005.........................................  Add new sections on tank barge multi-breasted
                                                               loading, to reflect post-1990 operational
                                                               practice improvements in line with current USCG
                                                               policy; thereby eliminating the current need,
                                                               explained in Part III of this preamble, for
                                                               equivalency or exemption determinations based on
                                                               design information and calculations.
----------------------------------------------------------------------------------------------------------------
    39.6001-39.6009.........................................  Add new sections on tank barge cleaning
                                                               operations, which have become subject to Federal
                                                               or State regulatory coverage since 1990, in line
                                                               with existing USCG guidance provided by NVIC No.
                                                               1-96, as modified by CTAC recommendations.
----------------------------------------------------------------------------------------------------------------

V. Incorporation by Reference

    Material proposed for incorporation by reference appears in 33 CFR
154.106 and 46 CFR 39.1005. You may inspect this material at U.S. Coast
Guard Headquarters where indicated under ADDRESSES. Copies of the
material are available from the sources listed in 33 CFR 154.106 and 46
CFR 39.1005.
    Before publishing a binding rule, we will submit this material to
the Director of the Federal Register for approval of the incorporation
by reference.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. OMB has not reviewed it under that
Order.
    A combined preliminary Regulatory Analysis and an Initial
Regulatory Flexibility Analysis is available in the docket where
indicated under the ``Public Participation and Request for Comments''
section of this preamble. A summary of the analysis follows:
    The proposed rule would revise the existing regulations (33 CFR
Parts 154 and 156, 46 CFR Parts 35 and 39) regarding the safety of
facility and vessel VCSs. This rulemaking would amend the regulations
to make VCS requirements more compatible with other Federal and State
environmental requirements, regulate industry advancements in VCS
technology, and codify the standards for VCSs at tank barge cleaning
facilities. The proposed rule would increase the safety of operations
by regulating the design, installation, and use of VCSs, but would not
require anyone to install or use VCSs.
    The proposed rule would provide additional requirements for VCS
equipment, compliance documentation, training, and operations. In
general, this rulemaking would:
     Add new requirements for certifications, recertifications,
periodic operational reviews, and approval processes for certain
operations concerning VCSs to improve safety. These various
requirements mainly affect facilities with VCSs, including tank barge
cleaning facilities.
     Require new training or amend training requirements to
improve safety. These proposed training requirements affect facilities
with VCSs (including tank barge cleaning facilities) and tank barge
owners and operators.
     Permit cargo line clearing; however, there would be some
requirements to receive Coast Guard permission to do so.
     Provide foreign-flagged tank barges some flexibility for
certification procedures.
     Add new requirements for certain equipment on U.S.-flagged
tank barges and at tank barge cleaning facilities and other facilities
with VCSs to improve safety and environmental protection.
     Removes certain requirements in order to offer cost
savings. This change mainly impacts facilities with VCSs.
    The proposed rule is necessary to reflect the expansion of Federal
and State regulations for VCSs since the current regulations were
adopted in 1990, and to reflect technological advances over that
period. Without revisions to the regulation by the Coast Guard, market
failures would persist in creating situations of uncompensated risk. In
the case of this proposed rule, the uncompensated risks accrue to the
public, maritime commerce, and mariners in the form of safety hazards.
Affected Population
    Based on Coast Guard data, we estimate this proposed rule would
affect 234 facilities with VCSs, 25 certifying entities, 15 tank barge
cleaning facilities, 216 U.S.-flagged tank barge owners, and owners of
338 foreign-flagged tank barges.
Costs
    Over a 10-year period of analysis, we estimate the total present
value cost of the rulemaking to be approximately $8.8 million at a 7
percent discount rate and approximately $10.3 million at a 3 percent
discount rate. Over the same 10-year period of analysis, we estimate
the annualized cost of this proposed rule to be $1.3 million at 7
percent and $1.2 million at 3 percent.
Benefits
    The proposed rule would amend existing regulations regarding VCSs
in marine activities. The Coast Guard is pursuing this amendment to
existing standards to reflect technological improvements and to expand
environmental protection. The proposed rule would promote maritime
safety and environmental stewardship. It offers provisions for more
practicable and efficient management of hazardous materials. The
proposed rule contains some provisions which would offer facilities the
opportunity to reduce maintenance costs.
    See the preliminary Regulatory Analysis available in the docket for
a detailed analysis of the costs and benefits of this rulemaking.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on 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 fewer than
50,000.
    A combined preliminary Regulatory Analysis and Initial Regulatory
Flexibility Analysis discussing the impact of this proposed rule on
small entities is available in the docket where indicated under the
``Public Participation and Request for Comments'' section of this
preamble.
    Based on our analysis, we estimate that small entities affected by
this rulemaking are primarily small businesses consisting of certifying
entities, owners and operators of tank barge cleaning facilities, tank
barges, and facilities with VCSs. We did not find data to suggest small
not-for-profit organizations or small government entities would be
directly affected by this rulemaking. In addition, certifying entities
would incur no additional costs due to the proposed rule and are not
analyzed further. We evaluated the impact on small entities for each
segment of industry that incur additional costs, since this rulemaking
would require different provisions for owners and operators of tank
barge cleaning facilities, tank barges, and facilities with VCSs.
    Based on our assessment, 54 percent of tank barge owners affected
by this rulemaking would be considered small by Small Business
Administration (SBA) size standards. We estimate 97 percent of these
small entities would incur cost impacts that are 1 percent or less than
their annual revenues during the highest cost year (implementation
year). The remainder would incur annual cost impacts between 1 and 3
percent of their annual revenues.
    We estimate 8 percent of facilities with VCSs would be small by SBA
size standards. We estimate that almost 93 percent of these small
entities would incur annual cost impacts that are 1 percent or less
than their annual revenues during the highest cost year (implementation
year) as well as

annually. Another 7 percent would have cost impacts between 1 to 3
percent of their revenue.
    We estimate all of the tank barge cleaning facilities are
considered small by SBA size standards. We estimate 64 percent of these
tank barge cleaning facilities would incur cost impacts that are
potentially greater than 3 percent of their annual revenues during the
highest cost year (implementation year). However, the proposed rule
would codify existing voluntary standards for tank barge cleaning
facilities. We anticipate the cost impacts to tank barge cleaning
facilities may be overestimates.
    We are interested in the potential impacts from this proposed rule
on small businesses and we request public comment on these potential
impacts. If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking would
have a significant economic impact on it, please submit a comment to
the Docket Management Facility at the address under ADDRESSES. In your
comment, explain why, how, and to what degree you think this rule would
have an economic impact on you.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Ms. Sara Ju at the
address listed under ADDRESSES. The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This proposed rule would require an amendment to an existing
collection of information (1625-0060) as defined by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 CFR
1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other similar
actions. The title and description of the information collections, a
description of those who must collect the information, and an estimate
of the total annual burden follow. The estimate covers the time for
reviewing instructions, searching existing sources of data, gathering
and maintaining the data needed, and completing and reviewing the
collection.
    Title: Vapor Control Systems for Facilities and Tank Vessels.
    OMB Control Number: 1625-0060.
    Summary of the Collection of Information: This collection of
information ensures industry compliance with safety standards for VCSs.
The proposed rule would require recordkeeping and reporting on the
design and use of VCSs. The proposed rule contains collection of
information requirements which include: Certifications,
recertifications, approval requests, review of operating manuals,
failure analyses, operational review letters, and relabeling. The
collection of information would aid the Coast Guard and industry in
assuring safe practices associated with VCSs.
    Need for Information: The Coast Guard needs this information to
ensure industry use of VCS requirements are compatible with new Federal
and State environmental requirements, to regulate industry advancements
in VCS technology, and to ensure the safe design and operation of a VCS
at a tank barge cleaning facility.
    Proposed Use of Information: The Coast Guard would use this
information to determine whether an entity meets the statutory
requirements.
    Description of the Respondents: The respondents are owners/
operators of tank barge cleaning facilities, facilities and tank
vessels. Reporting and recordkeeping requirements will be completed by
facility and vessel owners/operators, persons in charge, engineers,
maintenance workers, and operations managers of affected tank barges,
tank barge cleaning facilities, facilities, and certifying entities.
    Number of Respondents: The burden change of this collection of
information includes certifications, re-certifications, approval
requests, reviewing operating manuals, preparing operational review
letters, and relabeling. This collection of information applies to
various owners and operators of tank barges, facilities, tank barge
cleaning facilities, and certifying entities. We estimate the total
number of respondents is 490.
    Frequency of Responses: This proposed rule will vary the number of
responses each year by requirement. Some actions are one time only and
others are required more frequently.
    Burden of Response: This collection of information applies to
certifying entities, tank barge owners/operators and owners/operators
of facilities with VCS. The Coast Guard estimates the total number of
respondents is 490. The burden of response varies by collection of
information requirement.
    Estimate of Total Annual Burden: The total annual burden is
estimated to increase by 7,197 hours (as a result of the proposed rule.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to OMB for its
review of the collection of information.
    We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and, how we
can minimize the burden of collection.
    If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a

State, local, or Tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule uses voluntary consensus standards from the
following organizations: American Petroleum Institute (API), American
National Standards Institute (ANSI), American Society for Testing and
Materials (ASTM), International Electrotechnical Commission (IEC),
International Maritime Organization (IMO), National Electrical
Manufacturers Association (NEMA), National Fire Protection Association
(NFPA), Oil Companies International Marine Forum (OCIMF), and
Underwriters Laboratories, Inc. (UL). The proposed sections that
reference these standards and the locations of these standards are
listed in 33 CFR 154.106 and 46 CFR 39.1005.
    If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, please send a comment to the
docket using one of the methods under ADDRESSES. In your comment,
please explain why you disagree with our analysis and/or identify
voluntary consensus standards we have not listed that might apply.

M. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule involves regulations concerning vessel operation safety standards
and regulations concerning manning, documentation, admeasurement,
inspection, and equipping of vessels. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects

33 CFR Part 154

    Alaska, Fire prevention, Hazardous substances, Incorporation by
reference, Oil pollution, Reporting and recordkeeping requirements.

33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.

33 CFR Part 156

    Hazardous substances, Oil pollution, Reporting and recordkeeping
requirements, Water pollution control.

46 CFR Part 35

    Cargo vessels, Marine safety, Navigation (water), Occupational
safety and health, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 39

    Cargo vessels, Fire prevention, Hazardous materials transportation,
Incorporation by reference, Marine safety, Occupational safety and
health, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR chapter I, and 46 CFR chapter I as follows:

33 CFR--Navigation and Navigable Waters

PART 154--FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK

    1. The authority citation for part 154 is revised to read as
follows:

    Authority: 33 U.S.C. 1225, 1231, 1321(j)(1)(C), (j)(5), (j)(6),
and (m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of Homeland
Security Delegation No. 0170.1. Subpart F is also issued under 33
U.S.C. 2735. Vapor control recovery provisions of Subpart P are also
issued under 42 U.S.C. 7511b(f)(2).

    2. Revise Sec.  154.106 to read as follows:

Sec.  154.106  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1

CFR part 51. To enforce any edition other than that specified in this
section, the Coast Guard must publish a notice of change in the Federal
Register and the material must be available to the public. All approved
material is available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER> or go to http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. Also, it is available for inspection at the Coast
Guard, Office of Operating and Environmental Standards (CG-522), 2100
2nd Street, SW., Stop 7126, Washington, DC 20593-7126, and is available
from the sources indicated in this section.
    (b) American Petroleum Institute (API), 1220 L Street, NW.,
Washington, DC 20005.
    (1) API Standard 2000, Venting Atmospheric and Low-Pressure Storage
Tanks (Non-refrigerated and Refrigerated), Third Edition, January 1982
(reaffirmed December 1987) (``API 2000''), incorporation by reference
(IBR) approved for 33 CFR 154.2103 and 154.2203.
    (2) API Recommended Practice 550, Manual on Installation of
Refinery Instruments and Control Systems, Part II--Process Stream
Analyzers, Section 1--Oxygen Analyzers, Fourth Edition, February 1985
(``API 550''), IBR approved for 33 CFR 154.2107.
    (c) American National Standards Institute (ANSI), 25 West 43rd
Street, 4th floor, New York, NY 10036.
    (1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988, IBR
approved for 33 CFR 154.500, 154.2100, 154.2101, 154.2202, and 33 CFR
part 154, Appendix A.
    (2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class 150
and 300, 1979, IBR approved for 33 CFR 154.500 and 154.2100.
    (3) ANSI B16.34, Valves--Flanged, Threaded, and Welding End, 2004,
IBR approved for 33 CFR 154.2100.
    (4) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, 1987
(including B31.3a-1988, B31.3b-1988, and B31.3c-1989 addenda), IBR
approved for 33 CFR 154.510 and 154.2100.
    (d) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959.
    (1) ASTM F 631-93, Standard Guide for Collecting Skimmer
Performance Data in Controlled Environments (``ASTM F 631''), IBR
approved for 33 CFR part 154, Appendix C.
    (2) ASTM F 715-95, Standard Test Methods for Coated Fabrics Used
for Oil Spill Control and Storage (``ASTM F 715''), IBR approved for 33
CFR part 154, Appendix C.
    (3) ASTM F 722-82 (1993), Standard Specification for Welded Joints
for Shipboard Piping Systems (``ASTM F 722''), IBR approved for 33 CFR
part 154, Appendix A.
    (4) ASTM F 1122-87 (1992), Standard Specification for Quick
Disconnect Couplings (``ASTM F 1122''), IBR approved for 33 CFR
154.500.
    (5) ASTM F 1155-98, Standard Practice for Selection and Application
of Piping System Materials (``ASTM F 1155''), IBR approved for 33 CFR
part 154, Appendix A.
    (6) ASTM F 1273-91 (Reapproved 1996) Standard Specification for
Tank Vent Flame Arresters (``ASTM F 1273''), IBR approved for 33 CFR
154.2001.
    (e) International Electrotechnical Commission (IEC), Bureau Central
de la Commission Electrotechnique Internationale, 3, rue de
Varemb[eacute], P.O. Box 131, CH--1211 Geneva 20, Switzerland.
    (1) IEC 60309-1 Plugs, Socket-Outlets and Couplers for Industrial
Purposes--Part 1: General Requirements, Edition 4.1 2005-12, IBR
approved for 33 CFR 154.2102.
    (2) IEC 60309-2 Plugs, Socket-Outlets and Couplers for Industrial
Purposes--Part 2: Dimensional Interchangeability Requirements for Pin
and Contact-tube Accessories, Edition 4.1 2005-12, IBR approved for 33
CFR 154.2102.
    (f) National Electrical Manufacturers Association (NEMA), 1300
North 17th Street, Suite 1752, Rosslyn, VA 22209.
    (1) ANSI NEMA WD-6--Wiring Devices, Dimensional Requirements, 1988
(``NEMA WD-6''), IBR approved for 33 CFR 154.2102.
    (2) [Reserved]
    (g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471.
    (1) NFPA 51B, Standard for Fire Prevention in Use of Cutting and
Welding Processes, 1994, IBR approved for 33 CFR 154.735.
    (2) NFPA 70, National Electrical Code, 1987, IBR approved for 33
CFR 154.735.
    (3) NFPA 70, National Electrical Code, 2002, IBR approved for 33
CFR 154.2100 and 154.2102.
    (h) Oil Companies International Marine Forum (OCIMF), 29 Queen
Anne's Gate, London, SW1H 9BU, England.
    (1) International Safety Guide for Oil Tankers and Terminals, Fifth
Ed., 2006 (``ISGOTT''), IBR approved for 33 CFR 154.735, 154.2101, and
154.2203.
    (2) [Reserved]
    (i) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road,
Northbrook, IL 60062.
    (1) UL 525 Standard for Flame Arresters, 8th Edition, May 9, 2008,
IBR approved for 33 CFR 154.2001.
    (2) [Reserved]
    3. In Sec.  154.310, revise paragraph (b) to read as follows:

Sec.  154.310  Operations manual: Contents.

* * * * *
    (b)(1) The operations manual must contain a description of the
facility's vapor control system (VCS), if the facility--
    (i) Collects vapor emitted from vessel cargo tanks for recovery,
destruction, or dispersion; or
    (ii) Balances vapor to or from vessel cargo tanks.
    (2) The VCS description required by paragraph (b)(1) of this
section must include a line diagram or simplified piping and
instrumentation diagram (P&ID) of the facility's VCS piping, including
the location of each valve, control device, pressure-vacuum relief
valve, pressure indicator, flame arrester, and detonation arrester;
    (3) The VCS description required by paragraph (b)(1) of this
section must describe the design and operation of its--
    (i) Vapor line connection;
    (ii) Startup and shutdown procedures;
    (iii) Steady-state operating procedures;
    (iv) Provisions for dealing with pyrophoric sulfide (for facilities
which handle inerted vapors of cargoes containing sulfur);
    (v) Alarms and shutdown devices; and
    (vi) Pre-transfer equipment inspection requirements.
    (4) The VCS description required by paragraph (b)(1) of this
section must include all test procedures and a checklist for use during
the testing of the VCS required by 33 CFR 156.170(g). The test
procedures must specify--
    (i) All tests required for initial certification under 33 CFR
154.2022(d);
    (ii) All components that are to be tested; and
    (iii) Procedures for testing each component.
    (5) The VCS description required by paragraph (b)(1) of this
section must include--
    (i) A list of all cargoes the VCS is approved to control; and
    (ii) Copies of any Coast Guard letters exempting the VCS from
regulatory requirements.
    (6) The VCS description required by paragraph (b)(1) of this
section must include detailed operating instructions

for a cargo line clearance system as described in 33 CFR 154.2104, if
such a system is used by a facility;
    (7) The VCS description required by paragraph (b)(1) of this
section must include the following for a tank barge cleaning facility:
    (i) A physical description of the facility and facility plan
showing mooring areas, locations where cleaning operations are
conducted, control stations, and locations of safety equipment;
    (ii) The sizes, types, and number of tank barges from which the
facility can conduct cleaning operations simultaneously; and
    (iii) The minimum number of persons required to be on duty during
cleaning operations and the duties of each.
* * * * *
    4. Revise Sec.  154.500 to read as follows:

Sec.  154.500  Hose assemblies.

    Each hose assembly used for transferring oil or hazardous material
must meet the following requirements:
    (a) The minimum design burst pressure for each hose assembly must
be at least four times the sum of the pressure of the relief valve
setting (or four times the maximum pump pressure when no relief valve
is installed) plus the static head pressure of the transfer system, at
the point where the hose is installed.
    (b) The maximum allowable working pressure (MAWP) for each hose
assembly must be more than the sum of the pressure of the relief valve
setting (or the maximum pump pressure when no relief valve is
installed) plus the static head pressure of the transfer system, at the
point where the hose is installed.
    (c) Each nonmetallic hose must be usable for oil or hazardous
material service.
    (d) Each hose assembly must either have--
    (1) Full threaded connections;
    (2) Flanges that meet ANSI B16.5 or ANSI B.16.24 (both incorporated
by reference, see 33 CFR 154.106); or
    (3) Quick-disconnect couplings that meet ASTM F 1122 (incorporated
by reference, see 33 CFR 154.106).
    (e) Each hose must be marked with one of the following:
    (1) The name of each product for which the hose may be used; or
    (2) For oil products, the words ``OIL SERVICE''; or
    (3) For hazardous materials, the words ``HAZMAT SERVICE--SEE LIST''
followed immediately by a letter, number or other symbol that
corresponds to a list or chart contained in the facility's operations
manual or the vessel's transfer procedure documents which identifies
the products that may be transferred through a hose bearing that
symbol.
    (f) Each hose also must be marked with the following, except that
the information required by paragraphs (f)(2) and (3) of this section
need not be marked on the hose if it is recorded in the hose records of
the vessel or facility, and the hose is marked to identify it with that
information:
    (1) Maximum allowable working pressure;
    (2) Date of manufacture; and
    (3) Date of the latest test required by 33 CFR 156.170.
    (g) The hose burst pressure and the pressure used for the test
required by 33 CFR 156.170 must not be marked on the hose and must be
recorded elsewhere at the facility as described in paragraph (f) of
this section.
    (h) Each hose used to transfer fuel to a vessel that has a fill
pipe for which containment cannot practically be provided must be
equipped with an automatic back pressure shutoff nozzle.
    5. In Sec.  154.735--
    a. In paragraph (q), remove the term ``NFPA 70'' and add, in its
place, the words ``NFPA 70 (incorporated by reference, see 33 CFR
154.106)''; and
    b. Revise paragraph (s) to read as follows:

Sec.  154.735  Safety requirements.

* * * * *
    (s) Tank-cleaning or gas-freeing operations conducted by the
facility on vessels carrying oil residues or mixtures must be conducted
in accordance with sections 11.3 and 11.4 of OCIMF ISGOTT (incorporated
by reference, see 33 CFR 154.106), except that--
    (1) Prohibitions in ISGOTT against the use of recirculated wash
water do not apply if the wash water is first processed to remove
product residues;
    (2) The provisions in ISGOTT section <IP_ADDRESS> that removal of
sludge, scale, and sediment do not apply if personnel use breathing
apparatuses which protect them from the tank atmosphere; and
    (3) Upon the request of the facility owner or operator in
accordance with 33 CFR 154.107, the COTP may approve the use of
alternate standards to ISGOTT if the COTP determines that the
alternative standards provide an equal level of protection to the
ISGOTT standards.
* * * * *

Sec.  154.740  [Amended]

    6. In Sec.  154.740--
    a. In paragraph (g), remove the reference ``subpart E'' and add, in
their place, the reference ``subpart P''; and
    b. In paragraph (i), remove the reference ``Sec.  154.804 of this
part'' and add, in their place, the reference ``33 CFR 154.2023''.
    7. Remove subpart E (consisting of Sec. Sec.  154.800 through
154.850) in its entirety.
    8. Reserve subparts J through O.
    9. Add new subpart P to read as follows:
Subpart P--Marine Vapor Control Systems

General

Sec.
154.2000 Applicability.
154.2001 Definitions.

Certifying Entities

154.2010 Qualifications for acceptance as a certifying entity.
154.2011 Application for acceptance as a certifying entity.

Certification, Recertification, and Operational Review

154.2020 Certification and recertification--Owner/operator
responsibilities.
154.2021 Operational review--Owner/operator responsibilities.
154.2022 Certification, recertification, or operational review--
Certifying entity responsibilities, generally.
154.2023 Certification, recertification, or operational review--
Certifying entity documentation.

Personnel

154.2030 Transfer facilities.
154.2031 Tank barge cleaning facilities.

Transfer Facilities--VCS Design and Installation

154.2100 Vapor control system, general.
154.2101 Requirements for facility vapor connections.
154.2102 Facility requirements for vessel liquid overfill
protection.
154.2103 Facility requirements for vessel vapor overpressure and
vacuum protection.
154.2104 Cargo line clearance system.
154.2105 Fire, explosion, and detonation protection.
154.2106 Detonation arresters installation.
154.2107 Inerting, enriching, and diluting systems.
154.2108 Vapor-moving devices.
154.2109 Vapor recovery and vapor destruction units.
154.2110 Vapor balancing requirements.
154.2111 Vapor control system connected to a facility's main vapor
control system.
154.2112 Vapors with potential to polymerize or freeze--Special
requirements.
154.2113 Alkylene oxides--Special requirements.

Transfer Facilities--Operations

154.2150 General requirements.

Alternative Analyzer and Pressure Sensor Reliability Testing

154.2180 Alternative testing program--Generally.

154.2181 Alternative testing program--Test requirements.

Tank Barge Cleaning Facilities--VCS Design and Installation

154.2200 Applicable transfer facility design and installation
requirements.
154.2201 Vapor control system--General requirements.
154.2202 Vapor line connections.
154.2203 Facility requirements for barge vapor overpressure and
vacuum protection.
154.2204 Fire, explosion, and detonation protection.

Tank Barge Cleaning Facilities--Operations

154.2250 General requirements.

General

Sec.  154.2000  Applicability.

    (a) Except as specified by paragraphs (b) through (g) of this
section, this subpart applies to--
    (1) Each facility that controls vapors emitted to or from vessel
cargo tanks;
    (2) A vessel, other than a tank vessel, that has a vapor processing
unit located onboard for recovery, destruction, or dispersion of vapors
from a tank vessel's cargo tanks;
    (3) Certifying entities that review, inspect, test, and certificate
facility vapor control systems (VCSs); or
    (4) A facility VCS that receives cargo vapor from a vessel when the
VCS is connected to a facility's main VCS that serves plant processing
areas, such as tank storage areas or tank truck or railcar loading
areas, unrelated to tank vessel operations. The requirements of this
subpart apply between the vessel vapor connection and the point where
the VCS connects to the facility's main VCS.
    (b) Each facility that has an existing certified VCS that meets the
requirements of this subpart and that has been operating since July 23,
1990, must comply with this amended subpart by [DATE THREE YEARS AFTER
EFFECTIVE DATE OF FINAL RULE].
    (c) A facility with a Coast Guard-approved VCS operating prior to
July 23, 1990, must comply with 33 CFR 154.2150 but otherwise need not
comply with this subpart so long as it does not have any design or
configuration alterations after its approval and receives cargo vapor
only from the specific vessels for which it was originally approved.
    (d) A facility that uses a vapor balancing system to transfer vapor
from a railcar or a tank truck to a vessel cargo tank while offloading
the vessel must have approval from the Commandant.
    (e) A facility that transfers vapor from a facility tank to a cargo
tank of a vessel which is not offloading cargo must have approval from
the Commandant.
    (f) A tank vessel that has a permanent or portable vapor processing
unit located onboard must meet the requirements of this subpart to the
satisfaction of the Commandant, in addition to complying with the
requirements of 46 CFR part 39.
    (g) This subpart does not apply to the collection of vapors of
liquefied flammable gases as defined in 46 CFR 30.10-39.
    (h) This subpart does not require a facility or a vessel to control
vapor, or a vessel to take away vapor from facilities; however, if a
facility operates a VCS to control vapor to or from vessels, the
facility must comply with the requirements of this subpart.
    (i) In this subpart, regulatory measurements, whether in the metric
or English system, are sometimes followed by approximate equivalent
measurements in parentheses, which are given solely for the reader's
convenience. Regulatory compliance with the regulatory measurement is
required.

Sec.  154.2001  Definitions.

    As used in this subpart only:
    Ambient temperature means the temperature of the environment in
which an experiment is conducted or in which any physical or chemical
event occurs.
    Barge cargo connection means the point in a barge's cargo system
where it connects with the hose assembly or loading arm used for cargo
transfer.
    Barge vapor connection means the point in a barge's piping system
where it connects to a vapor collection hose or arm. This may be the
same as the barge's cargo connection as it controls vapors during barge
cargo tank-cleaning operations.
    Base loading means a method of inerting, enriching, or diluting
such that sufficient inerting, enriching, or diluting gas, for the
worst concentration of vapor coming from the vessel, is injected into
the vapor line during the entire loading operation so that the vapor
mixture is inerted, enriched, or diluted at the maximum loading rate.
For inerting and enriching systems, ``worst concentration'' means the
vapor stream contains no cargo vapor. For a diluting system, ``worst
concentration'' means the vapor stream is saturated with cargo vapor.
    Captain of the Port (COTP) means the cognizant Coast Guard Captain
of the Port as defined in 33 CFR 154.105.
    Certifying entity means an individual or organization accepted by
the Commandant to review plans, data, and calculations for vapor
control system designs and to conduct inspections and witness tests of
vapor control system installations.
    Cleaning operation means any stripping, gas-freeing, or tank-
washing operation of a barge's cargo tanks conducted at a cleaning
facility.
    Combustible liquid means any liquid that has a flashpoint above 80
[deg]F (as determined from an open-cup tester, as used to test burning
oils) and includes Grade D and Grade E combustible liquids defined in
46 CFR 30.10-15.
    Commandant means Commandant (CG-522), U.S. Coast Guard, 2100 2nd
St., SW., Stop 7126, Washington, DC 20593-7126.
    Detonation arrester means a device that is acceptable to the
Commandant and includes a detonation arrester that is designed, built,
and tested in accordance with Appendix A of this part or by another
method acceptable to the Commandant for arresting flames and
detonations.
    Diluting means introducing a non-flammable and non-combustible gas
with the objective of reducing the hydrocarbon content of a vapor
mixture to below the lower flammable limit so that it will not burn.
    Drip leg means a section of piping that extends below piping grade
to collect liquid passing through the vapor line and that has a
diameter no more than the diameter of the pipe in which it is
installed.
    Elevated temperature means the temperature that exceeds 70 percent
of the auto-ignition temperature, in degrees Celsius, of the vapors
being collected.
    Enriching means introducing a flammable gas with the objective of
raising the hydrocarbon content of a vapor mixture above the upper
flammable limit so that it will not burn.
    Existing vapor control system means a vapor control system that
satisfies the requirements of this subpart as certified by a certifying
entity prior to [EFFECTIVE DATE OF FINAL RULE].
    Facility main vapor control system means a vapor control system
that primarily serves plant processing areas unrelated to tank vessel
operations, such as the refinery process, tank storage areas, or tank
truck or railcar loading areas.
    Facility operations manual means the manual required by 33 CFR
154.300, the contents of which are described in 33 CFR 154.310.
    Facility vapor connection means the point in a facility's vapor
collection system where it connects to a vapor collection hose or the
base of a vapor collection arm and is located at the dock

as close as possible to the tank vessel to minimize the length of the
flexible vapor collection hose, thus reducing the hazards associated
with the hose.
    Fail-safe means a piece of equipment or instrument that is designed
such that if any element should fail, it would go to a safe condition.
    Fixed stripping line means a pipe extending to the low point of
each cargo tank, welded through the deck and terminating above the deck
with a valve plugged at the open end.
    Flammable liquid means any liquid that gives off flammable vapors
(as determined by flashpoint from an open-cup tester, as used to test
burning oils) at or below a temperature of 80 [deg]F, and includes
Grades A, B, and C flammable liquids defined in 46 CFR 30.10-22.
    Flame arrester means a device that is designed, built, and tested
in accordance with ASTM F 1273 or UL 525 (both incorporated by
reference, see 33 CFR 154.106) for use in end-of-line applications for
arresting flames.
    Flame screen means a fitted single screen of corrosion-resistant
wire of at least 30-by-30 mesh, or two fitted screens, both of
corrosion-resistant wire, of at least 20-by-20 mesh, spaced apart not
fewer than 12.7 millimeters (0.5 inch) or more than 38.1 millimeters
(1.5 inches).
    Fluid displacement system means a system that removes vapors from a
barge's cargo tanks during gas freeing through the addition of an inert
gas or other medium into the cargo tank.
    Fluid injection connection means the point in a fluid displacement
system at which the fixed piping or hose that supplies the inert gas or
other medium connects to a barge's cargo tanks or fixed piping system.
    Gas freeing means the removal of vapors from a tank barge.
    Grade A, B, C, D, or E means any Grade A, B, or C flammable liquid
defined in 46 CFR 30.10-22 or any Grade D or E combustible liquid
defined in 46 CFR 30.10-15.
    High flash point cargoes means Grade E cargoes and cargoes having a
closed-cup flash point higher than 60 [deg]C (140 [deg]F), carried at a
temperature no higher than 5 [deg]C (9 [deg]F) below their flash
points.
    Inerted means the oxygen content of the vapor space in a tank
vessel's cargo tank is reduced to 60 percent or less by volume of the
vapor's minimum oxygen concentration for combustion, or to 8 percent by
volume or less for the vapor of crude oil, gasoline blends, or benzene,
by addition of an inert gas, in accordance with the inert gas
requirements of 46 CFR 32.53 or 46 CFR 153.500.
    Inerting or padding or purging means introducing an inert gas to
lower the oxygen content of a vapor mixture.
    Line clearing or pigging means the transfer of residual cargo from
a cargo loading line by using compressed gas to propel a ``pig''
through the line toward a cargo tank.
    Liquid knockout vessel means a device, other than a drip leg, used
to separate liquid from vapor.
    Maximum allowable gas-freeing rate means the maximum volumetric
rate at which a barge may be gas-freed during cleaning operations.
    Maximum allowable stripping rate means the maximum volumetric rate