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DOT/USCG

RIN: 2115-AF60

Publication ID: Fall 2002

Title: Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil (USCG-1998-3417)
Abstract: Current vessel response plan regulations require that the owners or operators of vessels carrying groups I through V petroleum oil as a primary cargo identify in their response plans a salvage company with expertise and equipment, and a company with firefighting capability that can be deployed to a port nearest to the vessel's operating area within 24 hours of notification (groups I-IV) or a discovery of a discharge (group V). Numerous requests for clarification revealed widespread misunderstanding and confusion regarding the regulatory language, which will make the implementation of this requirement difficult. Based on comments received after the Vessel Response Plan final rule publication (61 FR 1052; January 12, 1996) and during a Coast Guard hosted workshop, the Coast Guard intends to better define the terms "salvage expertise and equipment" and "vessel firefighting capability" requirements and will reconsider the 24-hour deployment requirement which was scheduled to go into effect on February 18, 1998. Therefore, the Coast Guard suspended the effective dates of the 24-hour deployment requirements as published in the final rule. The Coast Guard will continue with this project to better define the requirements. This rulemaking supports the Coast Guard's strategic goals of maritime safety and protection of the natural resources. This rulemaking is also significant because it concerns a matter of substantial public interest or controversy.
Agency: Department of Transportation(DOT)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 33 CFR 155
Legal Authority: 33 USC 1321

Legal Deadline: None

Statement of Need: This rulemaking is intended to reduce the impact of oil spills from vessels.

Summary of the Legal Basis: The statutory authority for this rulemaking is 33 U.S.C. 1321.

Alternatives: The Coast Guard hosted a workshop to solicit comments from the public on potential alternatives to the salvage and marine firefighting requirements contained in the vessel response plan rule.

Anticipated Costs and Benefits: Undetermined

Risks: Response plans are required by statute. A response plan will not prevent a discharge of oil, but it may help minimize the discharge and resulting damage to the environment. We estimate the provisions included in the salvage and firefighting requirements will prevent approximately 85,000 barrels of oil from entering the water during the next 25 years. As a point of reference, we further estimate the eleven major Oil Pollution Act of 1990 rulemakings will prevent approximately 1.2 million barrels of oil from entering the water over that same period. Consequently, the salvage and firefighting rulemaking represents a significant portion of the benefits to sociey of OPA 90.

Timetable:

Action	Date	FR Cite
Final Rule - Partial Suspension	02/12/1998	63 FR 7069
Final Rule - Partial Suspension	01/17/2001	66 FR 3876
NPRM	05/10/2002	67 FR 31868
Public Meeting 7/9/02, 7/17/02, 7/25/02	06/12/2002	67 FR 40254
Public Meeting 9/26/02	08/07/2002	67 FR 51159
NPRM Comment Period Extended	08/07/2002	67 FR 51159
NPRM Comment Period End	10/18/2002
Final Rule	12/00/2003

Additional Information: Partial suspension of regulations created through the Vessel Response Plan final rule, docket no. 91-034, RIN 2115-AD81. The project was originally titled "Salvage and Firefighting Equipment; Vessel Response Plans." The change was made in order to distinguish this project from other similarly titled projects within the Coast Guard.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: http://dms.dot.gov	Public Comment URL: http://dms.dot.gov
Related RINs: Related to 2115-AD81
Agency Contact: LCDR Reed Kohberger Project Manager, CG-523 2100 Second Street SW., Washington, DC 20593-0001 Phone:202 372-1471