[Federal Register: November 3, 2005 (Volume 70, Number 212)]
[Proposed Rules]
[Page 67065-67083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no05-17]
[[Page 67065]]
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Part III
Department of Homeland Security
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Coast Guard
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33 CFR Parts 155 and 157
46 CFR Part 162
Pollution Prevention Equipment; Proposed Rule
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 155 and 157
46 CFR Part 162
[USCG-2004-18939]
RIN 1625-AA90
Pollution Prevention Equipment
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise its pollution prevention
equipment regulations to make them consistent with new International
Maritime Organization (IMO) guidelines and specifications issued under
the International Convention for the Prevention of Pollution from Ships
(MARPOL) Annex I. These revisions should effectively implement MARPOL
Annex I regulations, reduce the amount of oil discharged from vessels,
and eliminate the use of ozone-depleting solvents in equipment tests.
The proposed rule would require newly constructed vessels carrying oil
in bulk to install cargo monitors that meet revised standards and
require all vessels replacing or installing oil separators and bilge
alarms to install equipment that meets revised standards. Tests for
approval of this equipment would also be revised both to deal with
common bilge contaminants and to eliminate the use of ozone-depleting
solvents.
DATES: Comments and related material must reach the Docket Management
Facility on or before February 1, 2006.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2004-18939 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Web Site: http://dms.dot.gov.
(2) Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
(3) Fax: 202-493-2251.
(4) Delivery: Room PL-401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
(5) Federal eRulemaking Portal: http://www.regulations.gov.
You may inspect the material proposed for incorporation by
reference at room 1300, 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
202-267-6640. 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 Lieutenant Commander George Grills, Systems Engineering
Division (G-MSE-3), Office of Design and Engineering Standards, U.S.
Coast Guard, telephone 202-267-6640. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Preamble Organization
This preamble is organized as follows:
Public Participation and Request for Comments
Submitting comments
Viewing comments and documents
Privacy Act
Public Meeting
Background and Purpose
Which vessels would this proposed rule affect?
Regulatory History
Discussion of Proposed Rule
Incorporation by Reference
Regulatory Evaluation
Background
Proposed Action
Applicability
Costs
Benefits
Smal Entities
Assistance for Small Entities
Collection of Information
Federalism
Undated Mandates Reform Act
Taking of Private Property
Civil Justice Reform
Protection of Children
Indian Tribal Governments
Energy Effects
Technical Standards
Environment
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://dms.dot.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) to use the Docket Management Facility. Please
see DOT's ``Privacy Act'' paragraph below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this rulemaking (USCG-
2004-18939), indicate the specific section of this document to which
each comment applies, and give the reason for each comment. You may
submit your comments and material by electronic means, mail, fax, or
delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this preamble as being available in the docket,
go to http://dms.dot.gov at any time and conduct a simple search using
the docket number. You may also visit the Docket Management Facility in
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all 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 the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://dms.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Under the Act to Prevent Pollution from Ships, Pub. L. 96-478,
sections 2 and 4, 94 Stat. 2297, 2298 (Oct. 21, 1980), 33 U.S.C. 1901
and 1903, the Secretary of the Department in which the Coast Guard is
operating is authorized to prescribe any necessary or desired
regulations to carry out the provisions of the Act and of Annexes I and
II of the International Convention
[[Page 67067]]
for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating to that Convention (MARPOL 73/78). Under the
Act of August 26, 1983, Pub. L. 98-89, 97 Stat. 500, 504, 522, subtitle
II of title 46 of the U.S. Code, specifically 46 U.S.C. 3703, the
Secretary in which the Coast Guard is operating is authorized to issue
equipment regulations for vessels carrying liquid bulk dangerous cargo,
including oil. Authority under both of these acts has been delegated to
the Coast Guard under Department of Homeland Security Delegation No.
0170.1 (2)(77) and (92)(b).
For some time, it has been well understood by the international
maritime community that existing pollution prevention equipment (PPE)
is not adequately designed to process bilge wastes. Pollution
prevention equipment on vessels encounter bilge wastes that are not
replicated in test fluids used for certifying and approving PPE. This
has led to release of more oil into the marine environment than
desired. Of specific concern has been emulsified oil in water,
surfactants (for example, detergents), and other contaminants typically
found in bilge water.
A second problem concerned the method by which oil content is
measured in effluent samples during the approval process. Existing
methods require the use of ozone-depleting solvents, specifically
carbon tetrachloride and Freon 113 (CFC 113). Both an international
treaty and laws of the United States call for phasing out the use of
these solvents. Therefore, an alternative test method was desired.
Having identified these concerns, the International Maritime
Organization's (IMO) Marine Environment Protection Committee (MEPC)
instructed the Ship Design and Equipment subcommittee to develop new
performance standards to replace those referenced in MARPOL Annex I.
The Ship Design and Equipment subcommittee drafted new resolutions, in
which the U.S. participated, that were ultimately approved by the MEPC
at its 49th session in July 2003 and designated as MEPC.107(49) and
MEPC.108(49).
Which Vessels Would This Proposed Rule Affect?
Our proposed rule would not change the type or class of vessels
that require a cargo monitor, oily-water separator (OWS), or bilge
alarm under 33 CFR part 155, subpart B, or 33 CFR part 157; it would
only require that such equipment meet new pollution prevention
standards.
Regulatory History
Even before Annex I of MARPOL 73/78 came into force internationally
in 1983, the Coast Guard issued a final rule (44 FR 53352, September
13, 1979) containing PPE design and approval requirements. On December
31, 2003, the Coast Guard published in the Federal Register (68 FR
75603) a notice of policy informing the public of the new MEPC
resolutions, our desire to update 46 CFR subpart 162.050, and our
willingness to consider alternatives to the performance and testing
standards in part 162.050.
Discussion of Proposed Rule
The proposed rule would revise 46 CFR subpart 162.050 to reflect
the new IMO PPE guidelines and specifications that governments have
been invited to apply on or after January 1, 2005, to their
implementation of MARPOL Annex I regulations. The proposed rule would
also align 46 CFR subpart 162.050 more closely with the IMO PPE
guidelines by removing the bilge monitor standard. The six factors that
were considered in the decision to propose to remove the bilge monitor
follow:
1. A bilge monitor includes a 100 parts per million (ppm)
performance standard that is no longer an allowed discharge
concentration of oil at sea nationally or internationally.
2. There is no longer an equivalent to a bilge monitor requirement
in the IMO guidelines or MARPOL Annex I. The IMO resolutions and Annex
I call for three types of PPE equipment: cargo monitors, oil separators
and bilge alarms. In addition to these three types of equipment, the
equipment that can obtain approval under subpart 162.050 currently also
includes bilge monitors. Retaining the bilge monitor design and
approval standards in the proposed subpart 162.050 results in unique
testing and performance requirements inconsistent with international
standards.
3. According to our records, the Coast Guard has not received an
approval application for a bilge monitor in more than a decade.
4. Only four bilge monitors are listed in the Coast Guard equipment
database and only one of those has maintained an ``approved'' status.
All the others are ``former-may use'' or ``expired.''
5. There are no specific requirements in the current regulations
for installing a bilge monitor--it is an alternative to installation of
a bilge alarm.
6. The new bilge alarm requirements incorporate a recording
function which, other than the 100-ppm alarm, was the major difference
between the bilge alarm and bilge monitor. As proposed, a bilge monitor
requirement in the proposed subpart 162.050 would be both redundant and
obsolete.
Unlike many of the engineering references incorporated into our
current regulations, subpart 162.050 contains text taken in large part
from the IMO documents detailing the performance and testing
requirements. Two options exist for updating subpart 162.050:
1. Replace existing regulatory text with detailed text implementing
the new IMO standards by describing them; or
2. Replace existing regulatory text with new text that relies
heavily on incorporating the new standards by reference to resolutions
MEPC.107(49) and MEPC.108(49), and ISO 9377-2.
In seeking to avoid conflicts between Coast Guard PPE regulations
and MARPOL Annex I guidelines and specifications that Member States are
invited to make applicable on or after January 1, 2005, we considered
incorporating the MARPOL guidelines and specifications by reference--
and not have any differences between the MARPOL guidelines and
specifications and Coast Guard PPE standards--but we decided to
maintain some differences.
Some of our regulations will be more specific and concrete than the
MARPOL Annex I guidelines and specifications. We will, for example,
specify when and where inclination tests will be performed. These
differences are intended to make the regulations easier to enforce and
more likely to ensure that the oil-release-reduction goals of the
MARPOL Annex I guidelines and specifications are met.
Incorporation by Reference
New material proposed for incorporation by reference is added in
both 33 CFR 157.02 and 46 CFR 162.050-4. 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
Sec. Sec. 157.02 and 162.050-4.
Before publishing a binding rule, we will submit copies of all of
the proposed new material to the Director of the Office of the Federal
Register for approval of the incorporation by reference.
Regulatory Evaluation
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
[[Page 67068]]
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. A draft Regulatory Evaluation
follows:
Background
This NPRM proposes to change the performance standards of oily-
water separators (OWS), bilge alarms, and cargo monitors to meet the
revised guidelines and specifications for the MARPOL Annex I standards.
In analyzing the cost impact of this proposed rule, we considered
the increase in cost to buyers of new vessels who must install new
pollution prevention equipment meeting the revised standards, and
owners and operators of existing vessels who must replace old equipment
with the new pollution prevention equipment.
Proposed Action
The Coast Guard proposes to make the following changes to pollution
prevention equipment performance standards, outlined in 46 CFR part
162, subpart 162.050:
Remove the requirement for a bilge monitor;
Require OWSs to effectively process emulsified oils,
surfactants, and contaminants;
Change standards for the bilge alarm which must now: 1.
Pass new tests using emulsified oil and contaminants; 2. have a ppm
display; 3. display each change in oil content of the mixture it is
measuring within 5 seconds after the change occurs instead of every 20
seconds; 4. limit access to the bilge alarm beyond checking instrument
drift must be limited; repeatability of the instrument reading and the
ability to re-zero the instrument must require the breaking of a seal;
5. activate its alarm whenever clean water is used for cleaning or
zeroing purposes; and 6. record date, time, alarm status, and operating
status of the 15 ppm bilge separator. The recording device must also
store data for at least 18 months and be able to display or print a
protocol. In the event the 15 ppm bilge alarm is replaced, means must
be provided to ensure the data recorded remains available on board for
18 months; and,
Change standards for cargo monitors that are used with
category C and D oil-like noxious liquid substances. Based on our
research, we found that the manufacturers of cargo monitors, plan to
sell these monitors meeting the new standards for approximately the
same retail price as the old equipment. Therefore, there is no
additional cost to vessel owners for this requirement.
We expect there to be no additional cost to industry for removing
the requirement for bilge monitors, or changing standards for cargo
monitors because there will be no change in cost for installation,
operation, and maintenance.
Applicability
This proposed rule applies to all ocean-going vessels that operate
in U.S. waters. Foreign vessels in compliance with MARPOL need not
prove compliance with the domestic equipment approval standards.
Therefore, this rule primarily affects U.S. flag vessels.
The vessels impacted by the proposed changes for the bilge alarm
and the OWS are described in 33 CFR 155.380, and are divided into three
main categories:
33 CFR 155.350--Oceangoing vessels of less than 400 gross
tons (GT). These vessels are not required to have the equipment on
board if they have the capacity to retain on board all oily mixtures
and can discharge these oily mixtures to a reception facility. Certain
vessels, in this category that embark on international voyages,
however, are required to have an International Pollution Prevention
Certificate (IOPP) that requires them to have pollution prevention
equipment on board. Based on Coast Guard data, we estimate that 30
percent of the fleet have the IOPP Certificate and have OWSs and bilge
alarms on board.
Oceangoing vessels of 400 GT and above, but less than
10,000 GT. The current regulations require all vessels in this category
to have an installed OWS and if the vessel ballasts the fuel tanks and/
or plans to discharge through the OWS within 12 nm of land the vessel
must also have a bilge alarm. Additionally, vessels in this category
that embark on international voyages, which are required to have an
IOPP Certificate, have the pollution prevention equipment on board.
Based on Coast Guard and industry information, we assume the majority
of new construction oceangoing vessels have bilge alarms and the OWSs
on board.
33 CFR 155.370--Oceangoing vessels of 10,000 GT and above.
The current regulation requires all oceangoing vessels in this tonnage
range to have both an OWS and bilge alarm. We assume all of these
vessels comply with these regulations and have the equipment.
Costs
The following vessel population estimates are based on 2004 Coast
Guard data. There are approximately 86 new oceangoing vessels built per
year that would be affected by this proposed rule. Of these,
approximately 29 new vessels are 400 GT or greater and must meet the
new requirements to have bilge alarms and oily water separators that
meet the new standards. Of the remaining 57 vessels less than 400 GT,
we assume 30 percent, or approximately 17 vessels, will be installing
the equipment because they will embarking on international voyages and
are required to carry pollution prevention equipment.
All existing vessels subject to these PPE regulations,
approximately 5,838 U.S. flag vessels, must install equipment that
meets the new standards whenever the owners or operators replace the
equipment. Based on Coast Guard data, we assume that the entire
existing fleet of vessels 400 GT and over will update its equipment as
it breaks down over the next 20 years, which is approximately the
length of service for these U.S. flag vessels. We assume that the 30
percent of the fleet below 400 GT that has this equipment on board will
also update it once over the service life of the vessel.
The cost of this proposed rule to vessel owners is the additional
price owners must pay for the higher-priced pollution prevention
equipment that meets the new MARPOL standards. The owners and operators
of existing vessels would face no immediate mandatory implementation
costs from this proposed rule, but they would face ongoing costs as
they update equipment or install new equipment on new vessels.
We calculated the cost of the rulemaking for the next 10 years
(2005-2014), which is a long enough period of analysis to capture the
majority of the future costs of this rulemaking. This follows OMB's
guidance that the ending point for calculating costs ``should be far
enough in the future to encompass all significant benefits and costs
likely to result from the rule'' (see OMB Circular A-4, page 31).
However, in other cases, simply presenting annualized costs are
sufficient. For example, OMB's Circular A-4 (page 36) notes that if the
expected flow of costs is constant over time, then annualizing the cost
stream is sufficient and further discounting is unnecessary. That said,
for this rulemaking we would have been on safe ground simply reporting
annualized costs.
For vessel owners and operators that would be replacing equipment
once over the service life of the vessel or once every twenty years, we
assume that five percent of the affected population would update their
equipment for each year in the 10-year period of analysis.
[[Page 67069]]
We considered possible increases in the operation and maintenance
(O&M) costs. Based on Coast Guard and industry information, we estimate
that the O&M cost of the new equipment would not be more than the O&M
costs of the existing equipment, and in some instances would cost less.
Therefore, we assume that there would be no significant increases in
O&M costs, since vessels routinely face similar costs for existing
installed equipment.
For OWSs, there is a wide range in the price of the equipment
depending on flow rates and levels of technological capability. Based
on discussions with manufacturers, we find that there is currently
considerable variability in market prices as suppliers begin to market
and sell the new equipment. Still, we believe we have estimated average
price increases that are reasonably accurate. We separated the vessel
categories into the three groups discussed earlier, and assume an
average price increase of:
$8,000 for vessels below 400 GT;
$12,000 for vessels 400 GT or more and less than 10,000
GT; and
$18,000 for vessels 10,000 GT and over.
For bilge alarms, there is less of a variation in the price. The
change in the price ranges from approximately $400 to $1,500 and we
assume an average price increase of $1,000 for all vessel categories.
Thus, the total price increase for both oily water separators and
bilge alarms combined is:
$9,000 for vessels below 400 GT;
$13,000 for vessels 400 GT or more and less than 10,000
GT; and
$19,000 for vessels 10,000 GT and over.
We estimate the total annual cost for new vessels is $548,000 and
the total annual cost for existing vessels is $2,298,000. See Tables 1
and 2 below for details on the calculations of the annual costs.
Table 1.--Annual Cost of Oily-Water Separators (OWS) & Bilge Alarms For New Vessels
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Annually affected
Vessel types Price increase New vessels Annual cost
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< 400 GT................................................ $9,000 17 $153,000
>=400 GT and <10,000 GT................................ 13,000 26 338,000
>=10,000 GT............................................ 19,000 3 57,000
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Total.............................................. ................. 46 548,000
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Table 2.--Annual Cost of OWSs & Bilge Alarms for Existing Vessels
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Annually affected
existing vessels
Vessel types Price increase (w/ 20-yr Annual cost
breakdown rate)
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< 400 GT................................................ $9,000 50 $450,000
>=400 GT and <10,000 GT................................ 13,000 91 1,183,000
>=10,000 GT............................................ 19,000 35 665,000
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Total.............................................. ................. 176 2,298,000
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We estimate the total annual cost of this rule to industry would be
$2,846,000 ($548,000 + $2,298,000). The present value of the total cost
for the next 10 years is $21,388,531, based on a 7 percent discount
rate, and $25,005,266, based on a 3 percent discount rate.
To the extent that shippers purchase equipment from U.S. suppliers,
this is a transfer from shippers to suppliers.
To the extent that shippers will pass on these costs to their
customers, these consumers and their customers will bear most of the
burden of the rule. Given that vessel owners will phase in the
equipment over 20 years, vessel owners may be more likely to try to
absorb as much of this increase as possible over the first few years.
To the extent that vessel owners do eventually pass on costs to
consumers, these price increases would be small given vessel owners and
operators can spread these costs over thousands of voyages.
Benefits
The benefits of this proposed rule are mainly in the improved
environmental conditions resulting from the use of PPE which meets
higher standards of pollution prevention. The new OWSs will better
handle the separation of emulsified oils, surfactants and contaminants
from water whereas in previously approved units this may not have
occurred. There would also be a broader range and volume of pollutants
no longer released into the environment because of these new standards,
which is a positive impact of this proposed rule.
Testing standards for pollution prevention equipment outlined in 46
CFR 162.050-39 currently require the use of the solvents carbon
tetrachloride and Freon 113 (CFC 113), which have been phased out by
the Montreal Protocol on Substances that Deplete the Ozone Layer. This
proposed rule would require a new test protocol to be used for testing
the oil separating capabilities of pollution prevention equipment--
outlined in 46 CFR 162.050-39--that does not include these substances.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The small entities affected by the proposed rule are vessels owners
required to install or replace pollution prevention equipment meeting
the new standards on their vessels.
To analyze the financial impact of the proposed rule on small
entities, we selected and analyzed a random sample of 360 vessels that
is statistically representative of the target population
[[Page 67070]]
of 5,838. In the entire population, 2,780 companies own these 5,838
vessels. In the random sample, we found that 263 companies owned the
360 vessels. In this sample, 69 small companies owned 79 vessels, 47
large companies owned 99 vessels, the Federal government owned 26
vessels and we found 156 vessels with no revenue information available
on their 146 owners.
We then assessed the impact of cost on the revenue of the companies
with information that we identified as small entities, and broke them
down by the percentage impact on revenue. The large majority of small
entities (about 87 percent) face an impact on revenue between 0 and 4
percent. To be conservative, we assumed that all vessels with no
available information on their ownership were owned by small entities.
We further assumed that the percentage impact of annual cost on annual
revenue was distributed in the same proportion as the small businesses
for both the vessels with no information in the random sample, and for
the entire target population. See Table 3 below for details.
Table 3.--Impact of Cost on Small Entities
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Number of Percentage of Expanded number
entities with entities with of entities with Distribution of
Percent of annual revenue impact known annual known annual unknown annual small entities in
revenues revenues revenues total population
----------------------------------------------------------------------------------------------------------------
0-1%................................ 41 59 87 1,074
>1%-4%.............................. 19 28 40 498
>4%-10%............................. 5 7 11 131
>10%-20%............................ 0 0 0 0
>20%-30%............................ 3 4 6 79
>30%................................ 1 1 2 26
--------------------
Total........................... 69 100 146 1,807
----------------------------------------------------------------------------------------------------------------
* Some values may not total due to rounding.
Under the Clean Air Act, as amended, specifically under 42 U.S.C.
7671a, we must eliminate the use of ozone-depleting testing solvents in
our current PPE regulations. Therefore, ``no action'' is not an option.
Also, the United States is party to MARPOL Annex I. To effectively
implement MARPOL Annex I regulations, we must revise our other PPE
regulations to reflect that resolutions MEPC.107(49) and MEPC.108(49)
have superseded resolutions MEPC.60(33) and A.586(14), respectively.
We believe the proposed regulations will have a minimal costs to
small businesses. First, existing vessels are not required to
immediately install pollution prevention equipment meeting the new
standards, but only when they are replacing it, which could be over a
long period of time. Second, 57 percent of vessel types in the small
business category are below 400 GT, and owners of these vessels have
the option of not installing pollution prevention equipment and instead
discharging oily mixtures at a reception facility. Finally, the prices
of OWS systems (the highest cost component of this proposed rule) vary
widely depending on a range of factors including their technological
capability, so that vessel owners can choose cheaper versions within
the options available to them.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule 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 you think it
qualifies and how and to what degree this rule would economically
affect it.
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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Lt. George Grills, Office of
Systems Engineering (G-MSE-3), Coast Guard, telephone 202-267-6640. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
The paperwork burden associated with the manufacture, laboratory
testing, approval tests, and marking of pollution prevention equipment
is addressed in the existing collection of information, OMB
1625-0035, entitled ``Title 46 CFR Subchapter Q: Lifesaving,
Electrical, and Engineering Equipment; Construction and Materials.''
This collection of information was approved by the Office of Management
and Budget on December 10, 2002, and will expire after the 3-year
approval period ends on December 31, 2005.
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments or would either preempt State law or impose a substantial
direct cost of compliance on them. Based on our survey of vessels
expected to be effected, we have identified only 26 state-owned vessels
that may be affected, and these vessels are already subject to
regulation under the sections affected by the proposed amendments.
Therefore, we conclude the proposed rule would not impose a substantial
direct cost of compliance on State or local governments.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled,
now, that all of the categories covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction, alteration, repair, maintenance,
operation, equipping, personnel qualification, and manning of vessels),
as well as the reporting of casualties and any other category in which
Congress intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field
[[Page 67071]]
foreclosed from regulation by the States. (See the decision of the
Supreme Court in the consolidated cases of United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S. Ct. 1135 (March 6, 2000)). Our
proposed rule would revise standards for pollution prevention
equipment. Because the States may not regulate within this category,
preemption under Executive Order 13132 is not an issue.
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 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.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
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.
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.
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.
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 of 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 the following new voluntary consensus
standards:
1. IMO Assembly Resolution A.393(X)--Recommendation on
International Performance and Test Specifications For Oily-Water
Separating Equipment and Oil Content Meters;
2. IMO Assembly Resolution A.496(XII)--Guidelines and
Specifications for Oil Discharge Monitoring and Control Systems for Oil
Tankers;
3. IMO Assembly Resolution A.586(14)--Revised Guidelines and
Specifications for Oil Discharge Monitoring and Control Systems for Oil
Tankers;
4. IMO Marine Environment Protection Committee Resolution
MEPC.13(19)--Guidelines for Plan Approval and Installation Survey of
Oil Discharge Monitoring and Control Systems for Oil Tankers and
Environmental Testing of Control Sections Thereof;
5. IMO Marine Environment Protection Committee Resolution
MEPC.108(49)--Revised Guidelines and Specifications for Oil Discharge
Monitoring and Control Systems for Oil Tankers;
6. International Organization of Standardization Standard ISO 8217
(1996) Petroleum products--Fuels (class F)--Specification of marine
fuels;
7. International Organization of Standardization Standard ISO 9377-
2 (2000), Water Quality--Determination of hydrocarbon oil index--Part
2: Method Using solvent extraction and Gas Chromatography.
The proposed sections that reference these standards and the
locations where these standards are available are listed in 33 CFR
157.02 and 46 CFR 162.050-4.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(e), of the Instruction, from further
environmental documentation. These regulations concern equipment
approval and carriage requirements. A preliminary ``Environmental
Analysis Check List'' is available in the docket where indicated under
the ``Public Participation and Request for Comments'' section of this
preamble. Comments on this section will be considered before we make
the final decision on whether this rule should be categorically
excluded from further environmental review.
List of Subjects
33 CFR Part 155
Alaska, Hazardous substances, Oil pollution, Reporting and
recordkeeping requirements.
33 CFR Part 157
Cargo vessels, Incorporation by reference, Oil pollution, Reporting
and recordkeeping requirements.
46 CFR Part 162
Fire prevention, Incorporation by reference, Marine safety, Oil
pollution, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 155 and 157, and 46 CFR part 162 as follows:
[[Page 67072]]
Title 33--Navigation and Navigable Waters
PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION
REGULATIONS FOR VESSELS
1. Revise the authority citation for part 155 to read as follows:
Authority: 33 U.S.C. 1231, 1321(j); E.O. 11735, 3 CFR, 1971-1975
Comp., p. 793; Department of Homeland Security Delegation No.
0170.1. Sections 155.100 through 155.130, 150.350 through 155.400,
155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) are
also issued under 33 U.S.C. 1903(b). Sections 155.480, 155.490,
155.750(e), and 155.775 are also issued under 46 U.S.C. 3703.
Section 155.490 is also issued under section 4110(b) of Pub. L. 101-
380. Note: Additional requirements for vessels carrying oil or
hazardous materials are contained in 46 CFR parts 30 through 40,
150, 151, and 153.
2. In Sec. 155.380, revise the section heading and paragraph (c)
to read as follows:
Sec. 155.380 Oily-water separating equipment and bilge alarm approval
standards.
* * * * *
(c) A ship that is required to have a bilge alarm may defer
installment and use a previously installed bilge monitor provided the
bilge monitor met Coast Guard approval requirements at the time of its
installation and it does not allow more than a 15 ppm oil content in
water discharge.
PART 157--RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT
RELATING TO TANK VESSELS CARRYING OIL IN BULK
3. Revise the authority citation for part 157 to read as follows:
Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note);
Department of Homeland Security Delegation No. 0170.1. Subparts G,
H, and I are also issued under section 4115(b), Pub. L. 101-380, 104
Stat. 520; Pub. L. 104-55, 109 Stat. 546.
4. In Sec. 157.02, revise paragraph (b) to read as follows:
Sec. 157.02 Incorporation by reference.
* * * * *
(b) The material approved for incorporation by reference in this
part and the sections affected, are as follows:
International Maritime Organization (IMO)--4 Albert Embankment, London
SE1 7SR, United Kingdom.
IMO Assembly Resolution A.393(X), Recommendation on International
Performance and Test Specifications For Oily-Water Separating Equipment
and Oil Content Meters--157.12
IMO Assembly Resolution A.496(XII), Guidelines and Specifications
for Oil Discharge Monitoring and Control Systems for Oil Tankers--
157.12
IMO Assembly Resolution A.586(14), Revised Guidelines and
Specifications for Oil Discharge Monitoring and Control Systems for Oil
Tankers--157.12
IMO Marine Environment Protection Committee Resolution MEPC.13(19),
Guidelines for Plan Approval and Installation Survey of Oil Discharge
Monitoring and Control Systems for Oil Tankers and Environmental
Testing of Control Sections Thereof--157.12
IMO Marine Environment Protection Committee Resolution
MEPC.108(49), Revised Guidelines and Specifications for Oil Discharge
Monitoring and Control Systems for Oil Tankers--157.12
IMO Assembly Resolution A.601(15), Provision and Display of
Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3, 3.1,
and 3.2 with appendices, adopted on 19 November 1987--157.450
IMO Assembly Resolution A.744(18), Guidelines on the Enhanced
Programme of Inspections During Surveys of Bulk Carriers and Oil
Tankers, Annex B sections 1.1.3-1.1.4, 1.2-1.3, 2.1, 2.3-2.6, 3-8, and
Annexes 1-10 with appendices, adopted 4 November 1993--157.430
IMO Assembly Resolution A.751(18), Interim Standards for Ship
Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2, and 5, adopted 4
November 1993 with Explanatory Notes in MSC/Circ. 644 dated 6 June
1994--157.445
Oil Companies International Marine Forum (OCIMF) 27 Queen Anne's Gate,
London, SW1H 9BU, England].
International Safety Guide for Oil Tankers and Terminals, Fourth
Edition, Chapters 6, 7, and 10, 1996--157.435
5. In Sec. 157.12, revise paragraphs (b) and (c) to read as
follows:
Sec. 157.12 Cargo monitor and control system.
* * * * *
(b) Each monitor installed on a U.S. vessel must be approved under
46 CFR 162.050. Each monitor installed on a foreign vessel must be
approved:
(1) Under 46 CFR 162.050; or
(2) As meeting IMO Marine Environment Protection Committee
resolution MEPC.108(49) by a country that has ratified the MARPOL 73/
78. Paragraph 1.2.2 of MEPC.108(49) provides, as to equipment installed
in ``oil tankers the keels of which are laid, or which are at a similar
stage of construction, before January 1, 2005,'' for alternative
compliance with IMO resolutions A.393(X), A.496(XII), MEPC.13(19), and
A.586(14). These five resolutions are incorporated by reference (see
Sec. 157.02).
(c) Each monitor on a U.S. vessel must be installed in accordance
with Sec. Sec. 157.12b through 157.12g.
6. Add Sec. Sec. 157.12a through 157.12g to read as follows:
Sec. 157.12a Definitions.
As used in Sec. Sec. 157.12a through 157.12g--
Control section means a unit in a monitoring system composed of the
items specified in Sec. 157.12d(a)(4)(viii).
Control unit means a device that receives automatic signals of oil
content of the effluent ppm, flow rate of discharge m3/hour,
ship's speed in knots, ship's position--latitude and longitude, date
and time (GMT, Greenwich Mean Time), and status of the overboard
discharge control. The control unit makes automatic recordings of data
as specified in Sec. 157.12d(h)(2).
Oil discharge monitoring and control system or monitoring system
means a system that monitors the discharge into the sea of oily ballast
or other oil-contaminated water from the cargo tank areas and comprises
the items specified in Sec. 157.12d(a)(4).
Overboard discharge control means a device that automatically
initiates the sequence to stop the overboard discharge of the effluent
in alarm conditions and prevents the discharge throughout the period
the alarm condition prevails. The device may be arranged to close the
overboard valves or to stop the relevant pumps, as appropriate.
PPM or ppm means parts of oil per million parts of water by volume.
Starting interlock means a facility that prevents the initiation of
the opening of the discharge valve or the operation of other equivalent
arrangements before the monitoring system is fully operational when use
of the monitoring system is required by the Convention.
Sec. 157.12b Implementation requirements.
Oil discharge monitoring and control systems must be fitted to oil
tankers to which this subpart applies. A monitoring and control system
must employ a control unit and be fitted with a starting interlock and
overboard discharge control.
Sec. 157.12c Construction, maintenance, security, calibration and
training.
(a) The oil discharge monitoring and control system must be
designed to
[[Page 67073]]
ensure that user access is restricted to essential controls. Access
beyond these controls must be available for emergency maintenance and
temporary repair but must require the breaking of security seals or
activation of another device which indicates an entry to the equipment.
(b) The seals must be of a design that only the manufacturer or the
manufacturer's agent can replace the seals or reset the system
following inspection and permanent repairs to the equipment.
(c) The accuracy of the monitoring system must be verified during
International Oil Pollution Prevention certificate renewal surveys. The
calibration certificate certifying date of last calibration check must
be retained on board for inspection purposes.
(d) The monitoring system may have several scales as appropriate
for its intended use. The recording device fitted to a meter which has
more than one scale must indicate the scale which is in use.
(e) Simple means must be provided aboard ship to check on
instrument drift must be limited; repeatability of the instrument
reading, and the ability to re-zero the instrument.
(f) Ship staff training must include familiarization in the
operation and the maintenance of the equipment.
(g) The routine maintenance of the monitoring system and
troubleshooting procedures must be clearly defined in the Operating and
Maintenance Manual. All routine maintenance and repairs must be
recorded.
Sec. 157.12d Technical specifications.
(a) Oil discharge monitoring and control system. (1) The monitoring
system must be capable of effectively monitoring and controlling the
discharge of any effluent into the sea through those overboard
discharge outlets permitted by Sec. 157.11 that are necessary to
fulfill the operational requirements of the oil tanker.
(2) The discharge of dirty ballast water or other oil-contaminated
water from the cargo tank areas into the sea through outlets which are
not controlled by the monitoring system is prohibited.
(3) The monitoring system must function effectively under all
environmental conditions that oil tankers normally encounter, and must
be designed and constructed to satisfy the specifications for approval
in 46 CFR subpart 162.050. Moreover--
(i) The system must be designed so that no discharge of dirty
ballast or other oil-contaminated water from the cargo tank areas can
take place unless the monitoring system is in the normal operating mode
and the relevant sampling point has been selected;
(ii) Preferably the system should sample the effluent discharge
from a minimum number of discharge outlets and be arranged so that
discharge overboard can take place via only one outlet at a time;
(iii) Where it is intended that more than one line be used for
simultaneous discharging purposes, one cargo monitor, together with a
flow meter, must be installed in each discharge line. These instruments
must be connected to a common processor; and
(iv) To avoid alarms because of short-term high oil concentration
signals (spikes) causing indications of high instantaneous rates of
discharge, the short-term high ppm signal may be suppressed for a
maximum of 10 seconds. Alternatively, the instantaneous rate of
discharge may be continuously averaged during the preceding 20 seconds
or less as computed from instantaneous ppm values of the cargo monitor
readings received at intervals not exceeding 5 seconds.
(4) The monitoring system must comprise--
(i) A cargo monitor to measure the oil content of the effluent in
ppm. The monitor must be approved in accordance with the provisions
contained in 46 CFR 162.050 and be certified to take into account the
range of cargoes carried;
(ii) A flow rate indicating system to measure the rate of effluent
being discharged into the sea;
(iii) A ship speed indicating device to give the ship's speed in
knots;
(iv) A ship position indicating device to give the ship's
position--latitude and longitude;
(v) A sampling system to convey a representative sample of the
effluent to the cargo monitor;
(vi) An overboard discharge control to stop the overboard
discharge;
(vii) A starting interlock to prevent the discharge overboard of
any effluent unless the monitoring system is fully operational; and
(viii) A control section comprising--
(A) A processor that accepts signals of oil content in the
effluent, the effluent flow rate and the ship's speed, and computes
these values into liters of oil discharged per nautical mile and the
total quantity of oil discharged;
(B) A means to provide alarms and command signals to the overboard
discharge control;
(C) A recording device to provide a record of data required under
Sec. 157.12d(h)(2);
(D) A data display to exhibit the current operational data required
under Sec. 157.12d(i);
(E) A manual override system to be used in the event of failure of
the monitoring system; and
(F) A means to provide signals to the starting interlock to prevent
the discharge of any effluent before the monitoring system is fully
operational.
(5) Each main component of the monitoring system must be fitted
with a name-plate, properly identifying the component by assembly
drawing number, type or model number and serial number, as appropriate.
(6) The electrical components of the monitoring system that are to
be installed in an explosive atmosphere must be in compliance with 46
CFR 162.050-25.
(b) Sampling system. (1) Sampling points must be located so that
relevant samples can be obtained from those outlets that are used for
operational discharges in accordance with paragraph (a) of this
section. The sampling probes located in the overboard discharge lines
and the piping system connecting the sampling probes to the cargo
monitor must meet the requirements of this paragraph.
(2) The piping and probes must be of a material resistant to fire,
corrosion, and oil and be of adequate strength, and properly jointed
and supported.
(3) The system must have a stop-valve fitted adjacent to each
probe, except that, where the probe is mounted in a cargo line, two
stop-valves must be fitted, in series, in the sample line; one of these
may be the remote controlled sample selector valve.
(4) Sampling probes must be arranged for easy withdrawal and must,
as far as practicable, be mounted at an accessible location in a
vertical section of the discharge line. Should it be necessary to fit
sampling probes in a horizontal section of the discharge line it must
be ascertained, during the installation survey, that the pipe runs full
of liquid at all times during the discharge of the effluent. Sampling
probes must normally penetrate inside the discharge pipe to a distance
of one quarter the diameter of that pipe.
(5) Means must be provided for cleaning the probes and piping
system by the provision of permanent clean water flushing arrangements
or an equivalent method. The design of the probes and piping must be
such as to minimize their clogging by oil, oily residue, and other
matter.
(6) The velocity of the fluid in the piping must be such that,
taking into consideration the length of the piping, the overall
response time must be as
[[Page 67074]]
short as possible between an alteration in the mixture being pumped and
the alteration in the cargo monitor reading and in any case not more
than 40 seconds, including the response time of the cargo monitor.
(7) The location of sampling probes in relation to any point of
flow diversion to a slop tank must be selected with regard to the need
for sampling the oily water in the recirculation mode.
(8) The arrangements for driving the sampling pump or any other
pumps used in the system must account for the safety requirements of
the space in which the pump is located. Any bulkhead penetration
between a hazardous and a non-hazardous area must be of a design
meeting the requirements of 46 CFR 32.60-20 and 46 CFR subpart 111.105.
(9) The flushing arrangement must be such that where necessary it
can be utilized for test-running and stabilizing the cargo monitor and
correcting for zero setting.
(10) Sample water returning to the slop tank must not be allowed to
free-fall into the tank. In tankers equipped with an inert gas system,
a water seal meeting the requirements of 46 CFR 32.53-10(b) must be
arranged in the piping leading to a slop tank.
(11) A valve must be provided for the manual collection of samples
from the inlet piping to the cargo monitor at a point downstream of any
sampling pump.
(c) Flow rate indicating system. (1) A flow meter for measuring the
rate of discharge must be installed in a vertical section of a
discharge line or in any other section of a discharge line as
appropriate, so as to be always filled with the liquid being
discharged.
(2) A flow meter must employ an operating principle which is
suitable for shipboard use and, where relevant, can be used in large
diameter pipes.
(3) A flow meter must be suitable for the full range of flow rates
that may be encountered during normal operation. Alternatively,
arrangements such as the use of two flow meters of different ranges or
a restriction of the operational flow rate range may be employed if
necessary to meet this requirement.
(4) The flow meter, as installed, must have an accuracy of < plus-
minus>10 percent, or better, of the instantaneous rate of discharge
throughout the operating range for discharging the effluent.
(5) Any component part of the flow meter in contact with the
effluent should be of corrosion-resistant and oil-resistant material of
adequate strength.
(6) The design of the flow metering arrangements must account for
the safety requirements of the space in which such metering
arrangements are located.
(d) Ship's speed indicating system. The automatic speed signal
required for a monitoring system must be obtained from the ship's speed
indicating device by means of a repeater signal. The speed information
used may be either speed over the ground or speed through the water,
depending upon the speed measuring equipment installed on board.
Note to paragraph (d): See ``Recommendation on Performance
Standards for Devices to Indicate Speed and Distance,'' Annex to
resolution A.824(19) as amended by resolution MSC.96(72).
(e) Ship position indicating device. The ship position indicating
device must consist of a receiver for a global navigation satellite
system or a terrestrial radio navigation system, or other means,
suitable for use at all times throughout the intended voyage to
establish and update the ship's position by automatic means.
(f) Overboard discharge control management. The overboard discharge
control must be able to stop the discharge of the effluent into the sea
automatically by either closing all relevant overboard discharge valves
or stopping all relevant pumps. The discharge control arrangement must
be fail-safe so that all effluent discharge is stopped when the
monitoring system is not in operation, at alarm conditions, or when the
monitoring system fails to function.
(g) Processor and transmitting device. (1) The processor of a
control section must receive signals from the cargo monitor, the flow
rate indicating system and the ship's speed indicating system at time
intervals not exceeding 5 seconds and must automatically compute the
following:
(i) Instantaneous rate of discharge of oil in liters per nautical
mile; and
(ii) Total quantity of oil discharged during the voyage in cubic
meters or liters.
(2) When the limits imposed by Sec. 157.37(a)(3) and (4) are
exceeded, the processor must provide alarms and provide command signals
to the overboard discharge control arrangement which will cause the
discharge of effluent into the sea to stop.
(3) The processor must normally include a device for the continuous
generation of time and date information. Alternative arrangements which
ensure the automatic and continuous reception of time and date
information from an external source may be approved by the Marine
Safety Center.
(4) In the event of power failure the processor must retain its
memory in respect to computation of the total quantity of oil
discharged, time, and date. A printout of data must be obtained when
the monitoring system is operating with manual override, but the
printout of data is not required if, when the power fails, the
monitoring system activates the overboard discharge control to stop the
discharge of effluent.
(h) Recording devices. (1) The recording device of a control
section must include a digital printer, which may be formatted
electronically. The recorded parameters must be explicitly identified
on the printout. The printout must be legible and must remain so once
removed from the recording device and must be retained for at least 3
years.
(2) The data to be automatically recorded must include at least the
following:
(i) Instantaneous rate of discharge of oil (liters per nautical
mile);
(ii) Instantaneous oil content (ppm);
(iii) The total quantity of oil discharged (cubic meters or
liters);
(iv) Time and date (GMT, Greenwich Mean Time);
(v) Ship's speed in knots;
(vi) Ship's position--latitude and longitude;
(vii) Effluent flow rate;
(viii) Status of the overboard discharge control or arrangement;
(ix) Oil type selector setting, where applicable;
(x) Alarm condition;
(xi) Failure, including, but not limited to, no flow, or fault; and
(xii) Override action, including, but not limited to, manual
override, flushing, and calibration. Any information inserted manually
as a result of an override action must be identified as such on the
printout.
(3) Data required in paragraph (h)(2) of this section must be
printed out or may be stored electronically with printout capability,
with the following minimum frequency:
(i) When the discharge is started;
(ii) When the discharge is stopped;
(iii) At intervals of not more than 10 minutes (except when the
system is in stand-by mode);
(iv) When an alarm condition develops;
(v) When normal conditions are restored;
(vi) Whenever the computed rate of discharge varies by 10 liters
per nautical mile;
(vii) When zero-setting or calibration modes are selected; and
(viii) On manual command.
(4) The recording device must be located in a position easily
accessible to
[[Page 67075]]
the person in charge of the overboard discharge operation.
(i) Data display. (1) In addition to the recorded printout, the
current data must be visibly displayed and must as a minimum contain
the following:
(i) Instantaneous rate of discharge of oil (liters per nautical
mile);
(ii) Total quantity of oil discharged (cubic meters or liters);
(iii) Instantaneous oil content (ppm)
(iv) Flow rate;
(v) Ship's speed; and
(vi) Status of the overboard discharge control or arrangement.
(2) The data display must be located in a position easily observed
by the person in charge of the overboard discharge operation.
(j) Manually operated alternatives in the event of equipment
malfunction. Acceptable alternative means of obtaining information in
the event of a failure in the monitoring system include the following:
(1) Cargo monitor or sampling system: visual observation of the
surface of the water adjacent to the effluent discharge;
(2) Flow meter: pump discharge characteristics;
(3) Ship's speed indicating device: main engine rpm;
(4) Processor: manual calculation and manual recording; and
(5) Overboard discharge control: manual operation of pumps and
valves.
(k) Alarm conditions resulting in the stopping of discharge. Audio-
visual alarms must be activated for any of the following conditions and
the monitoring system must be so arranged that the discharge of
effluent into the sea is stopped:
(1) Whenever the instantaneous rate of discharge of oil exceeds 30
liters per nautical mile;
(2) When the total quantity of oil discharged reaches 1/30,000 of
the previous cargo for new vessels and 1/15,000 for existing vessels;
(3) In the event of failure of the system's operation, such as:
(i) Power failure;
(ii) Loss of sample;
(iii) Significant failure of the measuring or recording system; or
(iv) When the input of any sensor exceeds the effective capacity of
the system.
(l) Location of alarm indicator. The alarm indicator of the system
must be installed in the cargo control room, where provided, and/or in
other places where it will attract immediate attention and action.
Sec. 157.12e Certificate of approval.
(a) A copy of the certificate of approval for the cargo monitors
must be carried aboard an oil tanker fitted with such equipment at all
times.
(b) A certificate of type approval must be issued for the specific
application for which the cargo monitor is approved, that is, for crude
oil, ``black'' products, ``white'' products, or other products or
applications as listed on the certificate.
Sec. 157.12f Workshop functional test requirements.
(a) Each cargo monitor and each control section of a monitoring
system must be subjected to a functional test on a suitable test bench
prior to delivery. The detailed program for a functional test of such
equipment must be developed by the manufacturer, taking into account
the features and functions of the specific design of equipment. A
completed workshop certificate including the delivery test protocol
must be received with each unit delivered.
(b) A functional test conducted on a cargo monitor must include at
least all the following operations:
(1) Check flow rate, pressure drop, or an equivalent parameter as
appropriate;
(2) Check all alarm functions built into the meter;
(3) Check all switching functions interconnecting with other parts
of the system; and
(4) Check correct reading at several ppm values on all measurement
scales when operated on an oil appropriate for the application of the
cargo monitor or by an equivalent method.
(c) A functional check conducted on a control section of a
monitoring system must include at least all the following operations:
(1) Check all alarm functions;
(2) Check correct function of the signal processor and the
recording equipment when simulated input signals of ppm, flow rate, and
speed are varied;
(3) Check that the alarm is activated when the input signals are
varied to exceed the discharge limits contained in Sec. 157.37(a)(3)
and (4).
(4) Check that a signal is given to the overboard discharge control
when alarm conditions are reached; and
(5) Check that the alarm is activated when each one of the input
signals is varied to exceed the capacity of the system.
Sec. 157.12g Plan approval requirements.
Adequate documentation must be prepared well in advance of the
intended installation of a monitoring system and must be submitted to
the Marine Safety Center for approval. The documentation to be
submitted must include at least all the following:
(a) A description of the monitoring system. The description must
include a diagrammatic drawing of the pumping and piping arrangements,
identifying the operational outlets for dirty ballast and oil-
contaminated water from the cargo tank area and compatible with the
operational requirements set out in the oil tanker's cargo and ballast
handling manuals. Special considerations may have to be given to
installations in oil tankers which have unusual pumping and piping
arrangements.
(b) Equipment manuals, supplied by manufacturers, which must
contain details of the major components of the monitoring system.
(c) An operations and technical manual for the complete monitoring
system which is proposed to be installed in the oil tanker. This manual
must cover the arrangements and operation of the system as a whole and
must specifically describe parts of the system which are not covered by
the manufacturer's equipment manuals.
(d) The operations section of the manual must include normal
operational procedures and procedures for the discharge of oily water
in the event of malfunction of the equipment.
(e) The technical section of the manual must include adequate
information (description and diagrammatic drawings of the pumping and
piping arrangements of the monitoring system and electrical/electronic
wiring diagrams) to enable fault finding and must include instructions
for keeping a maintenance record.
(f) A technical installation specification defining, among other
things, the location and mounting of components, arrangements for
maintaining the integrity of the boundary between safe and hazardous
spaces and the arrangement of the sample piping, including calculation
of the sample response time referred to in Sec. 157.12d(b)(6). The
installation must comply with manufacturer's specific installation
criteria.
(g) A copy of the certificate of type approval for the cargo
monitor and technical documentation relevant to other main components
of the monitoring system.
(h) A recommended test and checkout procedure specific to the
monitoring system installed. This procedure must specify all the checks
to be carried out in a functional test by the installation contractor
and must provide guidance for the surveyor when carrying out the on-
board survey of the monitoring system and confirming the installation
reflects the manufacturer's specific installation criteria.
[[Page 67076]]
7. Revise Sec. 157.39(b)(3) to read as follows:
Sec. 157.39 Machinery space bilges.
* * * * *
(b) * * *
(3) Has in operation an oil discharge monitoring and control system
in compliance with Sec. 157.12 and oil separating equipment in
compliance with 33 CFR 155.380.
Appendix F to Part 157--[Removed and Reserved]
8. Remove and reserve Appendix F to part 157.
Title 46--Shipping
PART 162--ENGINEERING EQUIPMENT
9. Revise the authority citation for part 162 to read as follows:
Authority: 33 U.S.C. 1321(j), 1903; 46 U.S.C. 3306, 3703, 4104,
4302; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O.
11735, 38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; Department of
Homeland Security Delegation No. 0170.1.
10. In Sec. 162.050-1, revise paragraph (a)(1) to read as follows:
Sec. 162.050-1 Scope.
(a) * * *
(1) Procedures for approval of 15 ppm separators, cargo monitors,
and bilge monitors.
* * * * *
11. Revise Sec. 162.050-3 to read as follows:
Sec. 162.050-3 Definitions.
As used in this subpart--
15 ppm separator means a separator that is designed to remove
enough oil from an oil-water mixture to provide a resulting mixture
that has an oil concentration of 15 ppm or less.
Bilge alarm means an instrument that is designed to measure the oil
content of oily mixtures from machinery space bilges and fuel oil tanks
that carry ballast and activate an alarm at a set concentration limit
and record date, time, alarm status, and operating status of the 15 ppm
separator.
Cargo monitor means an instrument that is designed to measure and
record the oil content of cargo residues from cargo tanks and oily
mixtures combined with these residues.
Independent laboratory means a laboratory that--
(1) Has the equipment and procedures necessary to approve the
electrical components described in Sec. Sec. 162.050-21(b) and
162.050-25(c), or to conduct the test described in Sec. 162.050-37(a);
and
(2) Is not owned or controlled by a manufacturer, supplier, or
vendor of separators, monitors, or bilge alarms.
PPM or ppm means parts per million by volume of oil in water.
Response time means the time elapsed between an alteration in the
sample being supplied to the bilge alarm and the ppm display showing
the correct response.
12. Revise Sec. 162.050-4 to read as follows:
Sec. 162.050-4 Documents incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
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 paragraph (b) of this section, the Coast Guard must
publish 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 202-
741-6030 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, (G-MSE), 2100 Second Street SW.,
Washington, DC 20593-0001, and is available from the sources indicated
in paragraph (b) of this section.
(b) The material approved for incorporation by reference in this
part (subchapter), and the sections affected, are as follows:
Underwriters Laboratories, Inc., (UL) 12 Laboratory Drive, Research
Triangle Park, NC 27709-3995.
Underwriters Laboratories Standard 913 (as revised April 8, 1976)--
162.050-21, 162.050-25.
American Society for Testing and Materials 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959.
ASTM D2777-98, Standard Practice for Determination of Precision and
Bias of Applicable Test Methods of Committee D-19 on Water--162.050-15.
International Organization for Standardization (ISO) 1, rue de
Varemb[eacute], Case postale 56, CH-1211 Geneva 20, Switzerland
(Internet: http://www.iso.org.)
International Organization of Standardization Standard ISO 8217
(1996) Petroleum products--Fuels (class F)--Specification of marine
fuels--162.050-20.
International Organization of Standardization Standard ISO 9377-2
(2000), Water Quality--Determination of hydrocarbon oil index--Part 2:
Method Using solvent extraction and Gas Chromatography--162.050-39.
Sec. 162.050-5 [Amended]
13. In Sec. 162.050-5, in paragraph (a), remove the abbreviation
``p.p.m.'', and add, in its place, the letters ``ppm''.
Sec. 162.050-7 [Amended]
14. In Sec. 162.050-7:
a. Remove paragraph (j);
b. Redesignate paragraph (k) as paragraph (j);
c. In paragraph (e), remove the word and figure ``fifty (50)''
wherever they appear and add, in their place, the figure ``50''; in
paragraph (h)(3), following the figure ``3'', remove the letter ``S''
and add, in its place, the letter ``A''; and in paragraph (h)(4),
following the figure ``5'', remove the letter ``S'' and add, in its
place, the letter ``A'', and in redesignated paragraph (j)(2), remove
the abbreviation ``p.p.m.'', and add, in its place, the letters
``ppm''; and
d. Revise paragraphs (f), (h)(2), (i)(2), and redesignated (j)(3)
to read as follows:
Sec. 162.050-7 Approval procedures.
* * * * *
(f) The approval tests in this subpart must be performed by a
facility designated under Sec. 162.050-15. The facility must also be
accepted as an independent laboratory by the Coast Guard under subpart
159.010 of this chapter. The facility must perform each test in
accordance with the test conditions prescribed in this subpart for the
test, prepare a test report for the item if it completes all of the
tests, and send the report with three copies to the Commanding Officer,
USCG Marine Safety Center. The applicant may observe the tests. If an
item does not complete testing, a new application must be made before
retesting.
* * * * *
(h) * * *
(2) The oil content of each sample of separated water effluent
taken during approval testing is 15 ppm or less;
* * * * *
(i) * * *
(2) Each oil content reading recorded during approval testing is
10 ppm or 10 percent, whichever is greater, of
the oil content of the sample influent mixture taken at the time of the
reading;
* * * * *
(j) * * *
(3) Its response time is five seconds or less; and
* * * * *
[[Page 67077]]
Sec. 162.050-14 [Removed]
14A. Remove Sec. 162.050-14.
15. In Sec. 162.050-15, revise paragraphs (a), (d), (e), (f)(3)
and (h) to read as follows:
Sec. 162.050-15 Designation of facilities.
(a) Each request for designation as a facility authorized to
perform approval tests must be submitted to Commandant, G-MSE-3, 2100
2nd Street SW., Washington, DC 20593-0001.
* * * * *
(d) If the facility meets the requirements in paragraphs (g)(1)
through (g)(4) of this section, they must obtain 12 samples containing
mixtures of oil in water that are within a 10-to-30 ppm range that can
be verified by an independent third-party source mutually acceptable to
the applying lab and the Coast Guard prior to verification.
(e) The facility must measure the oil content of each sample using
the method described in Sec. 162.050-39 and report the value of each
of the 12 measurements to Commandant, G-MSE-3, 2100 2nd St. SW.,
Washington, DC 20593-0001.
(f) * * *
(3) The absolute value of Xd must be smaller than u
based on the following analysis of paired observations:
(i) Calculate the value of Xd and Sd. This is
the mean and standard deviation, respectively, of the differences
between the known sample concentrations and the values obtained by the
facility with their equipment. The value of Xd for the 12
measurements described in paragraph (e) of this section, or for 11
measurements if paragraph (f)(2) of this section applies, must be
within the range-1<=Xd<=+1.
(ii) Determine the appropriate critical value of the Student's t
distribution with (n-1) degrees of freedom for a confidence level of
[alpha]=0.01. If all 12 samples meet the criteria of paragraph (f)(1)
of this section then (n-1)=11 and the critical value,
[GRAPHIC] [TIFF OMITTED] TP03NO05.033
is 3.106. If paragraph (f)(2) of this section applies, then (n-1)=10
and
[GRAPHIC] [TIFF OMITTED] TP03NO05.034
.(iii) Compute the value of u, where
[GRAPHIC] [TIFF OMITTED] TP03NO05.041
where n=12 if all samples meet the criteria of paragraph(f)(1) and n=11
if paragraph (f)(2) applies.
(iv) Compare the absolute value of Xd to the value of u.
If [verbar]Xd[verbar]3O4) with a particle size distribution of
which 90 percent is less than 10 microns, the remainder having a
maximum particle size of 100 microns.
(b) Test Fluid C must be prepared as needed for Sec. 162.050-23 or
Sec. 162.050-35 by the following procedures:
(1) Measure out 1.2 times the quantity of surfactant required from
the WORKSHEET FOR DETERMINING CONSTITUENTS OF TEST FLUID C, see figure
162.050-20;
(2) Mix it with fresh water and stir well in a small container to
make a mixture until the surfactant has been thoroughly dissolved;
(3) Fill clean test fluid tank with fresh water with a quantity 1.2
times the volume of the total quantity of water in the Test Fluid C
needed for the test described in Sec. 162.050-23 and Sec. 162.050-35;
(4) Operate the centrifugal pump B running at a speed of not less
than 3,000 rpm with a flow rate at which the volume of the test fluid
has been changed out at least once per minute;
(5) Add the surfactant mixture from paragraph (b)(2) of this
section first, followed by oil and suspended solids (iron oxides)
respectively, both 1.2 times the required amounts, to the fresh water
in the tank;
(6) To establish a stable emulsion, keep running the centrifugal
pump B for one hour and confirm no oil floats on the surface of the
test fluid; and
(7) After the one hour stated in paragraph (b)(6) of this section,
keep running the centrifugal pump B at reduced speed to approximately
10 percent of original flow rate, until the end of the test.
Figure 162.050-20--Worksheet for Determining Constituents of Test Fluid
C
1. Determine volumetric flow rate of separator in m\3\/hr.
2. Determine net volume of fluid needed for testing with fluid
C:
a. Multiply Volumetric flow rate x 3 hours = Net volume (assumes
conditioning time of approximately 30 minutes added to 2\1/2\-hour
test period)
3. Determine Volume of Test Fluid C:
a. Multiply Net Volume * 0.06 = Fluid C Volume
4. Determine amounts of constituents:
a. Volume of Test Fluid C: 1.2 x Net Volume;
b. Volume of Fresh Water in Test Fluid C: 0.9478 x Volume of
Test Fluid C;
c. Weight of Test Fluid A: 25 x Volume of Test Fluid C;
d. Weight of Test Fluid B: 25 x Volume of Test Fluid C;
e. Weight of Surfactant: 0.5 x Volume of Test Fluid C; and
f. Weight of iron oxide: 1.7 x Volume of Test Fluid C.
Example
1. Bilge separator is rated at 2m\3\/hr;
2. Net Volume needed for the Test: Volume of test water: 2m\3\ x
3 hours = 6m\3\;
3. Volume Test Fluid C: 6 percent of test water = 0.06 x 6m\3\ =
0.36m\3\;
4. Actual Volume to be prepared:
a. Volume of Test Fluid C to be prepared: 1.2 times the Net
Volume of Test Fluid C = 1.2 x 0.36 = 0.432m\3\;
b. Volume of fresh water in Test Fluid C: (947.8g/1000g) of Test
Fluid C = 0.9478 x 0.432 = 0.4094m\3\;
c. Weight of Test Fluid A: (25g/1000g) of Test Fluid C = 25/1000
x 0.432 x 1000 = 10.8kg;
d. Weight of Test Fluid B: (25g/1000g) of Test Fluid C = 25/1000
x 0.432 x 1000 = 10.8kg;
e. Weight of surfactant: (0.5g/1000g) of Test Fluid C = 0.5/1000
x 0.432 x 1000 = 0.216kg; and
f. Weight of iron oxide: (1.7g/1000g) of Test Fluid C) = 1.7/
1000 x 0.432 x 1000 x 0.734kg.
19. In Sec. 162.050-21--
a. In paragraph (b), add the words ``(Incorporated by reference,
see Sec. 162.050-4)'' immediately after the words ``(dated April 8,
1976)''.
b. In paragraph (e), remove the words and figure ``twenty-four
(24)'' and add, in their place, the figure ``24''.
20. In Sec. 162.050-23--
a. Remove paragraphs (a)(2), (c), (d), (e), (f), and (g);
b. Redesignate paragraphs (a)(3) through (a)(13) as paragraphs
(a)(2) through (a)(12);
c. In newly designated paragraph (a)(11), remove the word and
figure ``one (1)'' and add, in their place, the figure ``1'' and, in
newly designated paragraph (a)(12), following the words ``Test No. 5'',
remove the letter ``S'' and add, in its place, the letter ``A''; and
d. Revise newly designated paragraph (a)(4) to read as set out
below; and add new paragraphs (b), (c), and (d) to read as follows:
Sec. 162.050-23 Separator: Approval tests.
(a) * * *
(4) The influent water used in each test must be clean fresh water
or clean fresh water in solution with sodium chloride. In either case,
the relative density of the water must be no greater than 1.015 at 20
[deg]C.
* * * * *
(b) The following tests must be conducted using Test Fluid A:
(1) Test No. 1A. The separator is filled with water and started. It
is first fed with pure Test Fluid A for at least 5 minutes and then
with a mixture of Test Fluid A and water influent containing Fluid A
content of between 5,000 and 10,000 ppm until a steady flow rate
occurs. After the flow rate is steady, the influent is fed to the
separator for 30 minutes. Samples of separated water effluent are taken
after the first 10 and 20 minutes. At the end of the 30-minute period,
the air cock on the test rig is opened and, if necessary, the oil and
water supply valves are closed to stop the flow of influent. A sample
is then taken of the separated water effluent as the effluent flow
ceases.
(2) Test No. 2A. Repeat Test No. 1A in paragraph (b)(1) of this
section using an influent containing approximately 25 percent oil and
75 percent water. Percentage is on a by volume basis.
(3) Test No. 3A. The separator is fed with 100 percent Test Fluid A
until Fluid A is discharged at the oil discharge outlet of the
separator at essentially the same rate that oil is being fed to the
separator. The separator is then fed with 100 percent Test Fluid A for
5 additional minutes. If any oily mixture is discharged from the
separated water outlet on the separator during the test, that
observation is recorded.
(4) Test No. 4A. The separator is fed with water for 15 minutes.
Samples of the separated water effluent are taken at the beginning of
the test and after the first 10 minutes.
(5) Test No. 5A. The separator is operated automatically for 3
hours. During the test, the separator is continuously fed with an
influent varying from water to a mixture of 25 percent Test Fluid A in
water and back to water every 15 minutes. The Test Fluid A
concentration in the influent is varied in at least five equal
increments during each 15-minute period and the time intervals between
the incremental changes are equal. During the last hour, the separator
must be inclined at an angle of 22.5 [deg] with the plane of its normal
operating position. During the last time increment in which the unit is
fed a 25 percent Fluid A mixture, a sample of the separated water
effluent is taken. If the separator stops at any time during this test,
that observation is recorded.
(c) The following tests shall be conducted using Test Fluid B:
(1) Test No. 1B: Repeat Test No. 1A in paragraph (b)(1) of this
section using Test Fluid B; and
(2) Test No. 2B: Repeat Test No. 2A in paragraph (b)(2) of this
section using Test Fluid B.
(d) The following tests shall be conducted using Test Fluid C: Test
No. 1C. The separator is fed with a mixture composed of 6 percent Test
Fluid C and
[[Page 67080]]
94 percent water by volume such that the emulsified Test Fluid C
content is approximately 3,000 ppm in the test water until a steady
flow rate occurs. After the flow rate is steady, the influent
containing the 6 percent Test Fluid C solution is fed to the separator
operating automatically for 3 hours. Samples of separated water
effluent are taken at 50 minutes and 100 minutes. At the end of the 3-
hour period, the air cock on the test rig is opened and, if necessary,
the oil and water supply valves are closed to stop the flow of
influent. A sample is then taken of the separated water effluent as the
effluent flow ceases.
21. In Sec. 162.050-25--
a. In paragraph (c), add the words ``(Incorporated by reference,
see Sec. 162.050-4)'' immediately after the words ``(dated April 8,
1976)''.
b. In paragraph (g), remove the word and figure ``twenty (20)'' and
add, in their place, the figure ``20''.
22. Revise Sec. 162.050-27 to read as follows:
Sec. 162.050-27 Cargo monitor: Approval tests.
This section contains requirements that apply to cargo monitors.
(a) Test conditions. (1) The tests and each step in the tests must
be carried out in the order described in this section. Each test must
be performed without time delay between steps in the test.
(2) A test rig of the type described in Sec. 162.050-19 must be
used in performing each test.
(3) Each mixture used during the tests must be prepared by
combining oil supplied from the oil injection pipe of the test rig and
water supplied from the mixture tank of the test rig. However, if the
flow of oil through the oil injection pipe becomes intermittent, oil
and water may be combined in the mixture tank to form the mixture.
(4) A mixture may be circulated through a monitor only once during
testing.
(5) Unless otherwise provided in a specific test, the water used in
each test must be clean, fresh water.
(6) The oil used in each test, except Test No. 2CM in paragraph (c)
of this section, must be Arabian light crude oil.
(7) Each test must be performed at an ambient temperature of
between 10 [deg]C and 30 [deg]C.
(8) Unless otherwise provided in a specific test, each test must be
performed at the maximum mixture pressure, the maximum flow rate, and
the power supply ratings at which the monitor is designed to operate.
(9) The particulate contaminant described in Test No. 5CM in
paragraph (f) of this section, if not attapulgite, must be of a type
that does not lose more than three percent of its weight after ignition
and must be insoluble in a 500 ppm mixture.
(10) In each test the monitor must be operated in accordance with
the procedures described in its instructions manual.
(11) Unless otherwise provided in a specific test, the centrifugal
pump shown in Figure 162.050-19 in Sec. 162.050-19 must be operated at
1,000 revolutions per minute or more in each test.
(12) Whenever the oil content of a mixture is recorded, a sample of
the mixture must also be taken. The oil content of the sample must be
measured using the method described in Sec. 162.050-39.
(13) A one-liter sample of each oil to be used in testing must be
taken and provided for use in the sample analysis required by Sec.
162.050-39.
(b) Test No. 1CM Calibration and Zero Test. The cargo monitor is
calibrated and zeroed to manufacturer's instructions. It is then fed
with water for 15 minutes and then with mixtures in the following
concentrations: 15 ppm, 50 ppm, 100 ppm, and each additional
concentration, in increments of 50 ppm up to the highest oil
concentration that can be read on the monitor. Each mixture is fed to
the monitor in the order listed in Table 162.050-27(c) for 15 minutes.
Water is fed to the monitor for a 15-minute period between each
mixture. At the end of each 15-minute period, an oil content reading is
obtained and recorded.
(c) Test No. 2CM Response to Different Oil Types Test. (1) If the
cargo monitor is designed for use with crude oils, it is fed with a
mixture of water and the first oil listed in Table 162.050-27(c) at the
following concentrations: 15 ppm, 100 ppm, and a concentration that is
90 percent of the highest oil concentration in water that can be read
on the monitor. Each concentration is fed to the monitor in the order
listed until a steady reading occurs and is recorded. After each steady
reading is recorded, the monitor is fed with water for 15 minutes. At
the end of each 15-minute period of feeding the monitor with water, an
oil content reading is again obtained and recorded.
(2) The steps described in paragraph (c)(1) of this section are
repeated using each of the other oils listed in Table 162.050-27(c).
Table 162.050-27(c).--Oil Type and Characteristics
------------------------------------------------------------------------
Oil type Characteristics
------------------------------------------------------------------------
Sahara blend crude oil................. Density--low.
Viscosity--low.
Pour point--very low.
Producing country--Algeria.
General description--mixed
base.
Arabian light crude oil................ Density--medium.
Viscosity--medium.
Pour point--low.
Producing country--Saudi
Arabia.
General description--mixed
base.
Nigerian medium crude oil.............. Density--high.
Viscosity--medium.
Pour point--low.
Producing country--Nigeria.
General description--naphthenic
base.
Bachaquero 17 crude oil................ Density--very high.
Viscosity--very high.
Pour point--low.
Producing country--Venezuela.
General description--asphaltic
base.
Minas crude oil........................ Density--medium.
Viscosity--high.
[[Page 67081]]
Pour point--very high.
Producing country--Indonesia.
General description--paraffinic
base.
Residual fuel oil...................... Bunker C or No. 6 Fuel Oil.
------------------------------------------------------------------------
(3) If any oil listed in Table 162.050-27(c) is unavailable, an oil
with similar properties may be substituted in testing.
(4) If the monitor is to be used with refined oil products, the
steps described in paragraph (c)(1) of this section are performed using
each of the following:
(i) Leaded regular grade automotive gasoline;
(ii) Unleaded automotive gasoline;
(iii) Kerosene; and
(iv) Light diesel or No. 2 fuel oil.
(5) If the monitor is to be used with category C and D oil-like
noxious liquid substances to meet the requirements of 33 CFR 151.41(b),
the tests described in paragraphs (c) and (d) of this section are to be
performed using the substances for which approval is sought.
(d) Test No. 3CM Response Time Test. (1) The cargo monitor is fed
with water, zeroed, and then fed with a 100 ppm mixture. The time at
which the monitor first detects oil in the mixture, the times of
reading 63 ppm and 90 ppm, and the time of reaching the highest steady
reading of oil content are recorded. The oil content of the mixture at
the highest steady reading is also recorded.
(2) The metering pump is turned off and the time at which the
highest reading starts to decrease, the times of reading 37 ppm and 10
ppm, and the time of returning to the lowest steady oil content reading
are recorded. The oil content of the mixture at the lowest steady
reading is also recorded.
(3) The time interval between first detecting oil in the mixture
and reading 63 ppm, and the time interval between the first decrease in
the highest reading and reading 37 ppm, are averaged and recorded as
the response time for the monitor.
(e) Test No. 4CM Oil Fouling and Calibration Shift Test. (1) The
cargo monitor is fed with water, zeroed, and then fed with a mixture
containing 10 percent oil for one minute. The following times occurring
during this procedure are recorded:
(i) Time at which the monitor first detects oil;
(ii) Time of reading 15 ppm;
(iii) Time of reading 100 ppm;
(iv) Time of exceeding the highest oil concentration that can be
read on the monitor;
(v) Time of returning to the highest oil concentration that can be
read on the monitor;
(vi) Time of returning to a reading of 100 ppm;
(vii) Time of returning to a reading of 15 ppm; and
(viii) Time of returning to the lowest steady oil content reading.
(2) The oil content of the mixture at the lowest steady reading
described in paragraph (e)(1)(viii) of this section is recorded.
(3) The monitor is fed with water, zeroed, and then fed with oil
for 1 minute after which the flow of water is resumed. The times
described in paragraph (e)(1) of this section are recorded.
(4) The monitor is fed with a 100 ppm mixture until a steady oil
content reading is obtained and recorded.
(f) Test No. 5CM Contaminant Test. (1) The monitor is fed with a 15
ppm mixture until a steady oil content reading is obtained and
recorded.
(2) The cargo monitor is fed with a 15 ppm oil mixture of
contaminated water consisting of not less than 270 ppm by weight of the
clay mineral attapulgite, or similar contaminant that is stable in both
fresh and salt water and 30 ppm by weight of iron oxides. The test
contaminant should have a particle size distribution with about 30
percent of 10 microns or less and a maximum particle size of 100
microns. The oil content reading, when steady, is recorded.
(3) Each of the two contaminants will be mixed sequentially in the
following manner: the mixing of attapulgite shall be for a period of
not less than 15 minutes so that a homogeneous suspension is formed;
following, iron oxides will be added for an additional period of not
less than 10 minutes. The mixing process should maintain the
contaminants in suspension throughout the test period.
(4) The test in paragraph (f)(2) of this section is repeated for
100 and 300 ppm oil mixtures in contaminated water.
(g) Test No. 6CM Air Entrainment Test. (1) The cargo monitor is fed
with a 15 ppm mixture until a steady oil content reading is obtained
and recorded.
(2) Air is injected into the cargo monitor test rig before the
sample pump or, in the absence of such pump, immediately before any
conditioning unit used to prepare the mixture for measurement.
Injection must be by needle having an orifice dimension not exceeding
0.5 mm in diameter arranged in line with the sample flow. The quantity
of air injected must be one percent of the designated flow rate of the
sample pump or conditioning unit at the point of injection.
(3) Air must be delivered to the system by direct injection or pump
via a suitable measuring device designed to permit a constant
controllable flow rate within 10 percent of the required
rate of injection for an uninterrupted effective test period of not
less than 15 minutes.
(4) The oil content reading, when steady, is recorded.
(h) Test No. 7CM Oil Particle Size--Centrifugal Pump Test. (1) The
cargo monitor is fed with a 100 ppm mixture until a steady oil content
reading is obtained and recorded.
(2) The monitor is fed with a 100 ppm mixture that has first passed
through the centrifugal pump of the test rig. The pump is run at one-
fourth of its design speed. The oil content reading, when steady, is
recorded.
(3) The steps described in paragraph (h)(2) of this section are
repeated with the pump running at one-half of its design speed and then
repeated at its design speed.
(i) Test No. 8CM Temperature Test. (1) The steps described in
paragraph (h)(1) of this section are repeated.
(2) The temperature of the mixture is adjusted to 10 [deg]C and the
flow continued until a steady oil content reading is obtained and
recorded.
(3) The steps described in paragraph (i)(2) of this section are
repeated with the temperature of the mixture at 65 [deg]C or the
highest mixture temperature at which the cargo monitor is designed to
operate, whichever is lower.
(j) Test No. 9CM Sample Pressure or Flow Test. (1) The steps
described in paragraph (h)(1) of this section are repeated.
(2) If the monitor has a positive displacement mixture pump, the
mixture pressure is lowered to one-half of the monitor's maximum design
pressure. If the monitor has a centrifugal
[[Page 67082]]
mixture pump, or is not equipped with a mixture pump, the mixture flow
rate is reduced to one-half of the monitor's design flow rate. The
reduced flow rate or mixture pressure is maintained until a steady oil
content reading is obtained and recorded.
(3) If the monitor has a positive displacement mixture pump, the
mixture pressure is increased to twice the monitor's design pressure.
If the monitor has a centrifugal mixture pump or does not have a
mixture pump, the mixture flow rate is increased to twice the monitor's
maximum design flow rate. The increased flow rate or mixture pressure
is maintained until a steady oil content reading is obtained and
recorded.
(k) Test No. 10CM Shut-off Test. (1) The steps described in
paragraph (h)(1) of this section are repeated.
(2) The water and metering pumps on the test rig are stopped for 8
hours after which the steps described in paragraph (h)(1) of this
section are repeated.
(l) Test No. 11CM Supply Voltage Variation Test. (1) The supply
voltage to the cargo monitor is increased to 110 percent of its design
supply voltage. The monitor is then fed a 100 ppm mixture for one hour.
At the end of the 1-hour period, an oil content reading is obtained and
recorded.
(2) The steps described in paragraph (l)(1) of this section are
repeated with the supply voltage to the monitor lowered to 90 percent
of its design supply voltage.
(3) Upon completing the steps described in paragraph (l)(2) of this
section, the supply voltage to the monitor is returned to the design
rating.
(4) The steps described in paragraphs (l)(1) through (l)(3) of this
section are repeated varying each power supply to the monitor in the
manner prescribed in those steps for supply voltage.
(m) Test No. 12CM Calibration and Zero Drift Test. (1) The monitor
is calibrated and zeroed.
(2) The steps described in paragraph (h)(1) of this section are
repeated.
(3) A 100 ppm mixture is fed to the monitor for 8 hours. At the end
of the 8-hour period, an oil content reading is obtained and recorded.
(4) The monitor is fed with water until a steady oil content
reading is obtained and recorded.
(n) Test No. 13CM Shut-down and Restart Test. (1) All power to the
monitor is shut off for one week. After 1 week the monitor is started,
zeroed, and calibrated.
(2) The monitor is fed with a 100 ppm mixture for 1 hour. An oil
content reading is then obtained and recorded.
(3) The monitor is fed with water for 1 hour. An oil content
reading is then obtained and recorded.
(4) The steps described in paragraphs (n)(2) and (n)(3) of this
section are repeated three additional times. During the last hour in
which the monitor is fed with a 100 ppm mixture, the monitor is
inclined at an angle of 22.5 [deg] with the plane of its normal
operating position.
Sec. 162.050-29 [Removed]
23. Remove Sec. 162.050-29.
Sec. 162.050-31 [Removed]
24. Remove Sec. 162.050-31.
25. In Sec. 162.050-33, in paragraph (b), remove the paragraph
designator ``(g)'' and add, in its place, the paragraph designator
``(f)''; in paragraph (c)(1), remove the abbreviation ``p.p.m'', and
add, in its place, the letters ``ppm''; and add new paragraphs (d),
(e), (f), (g), and (h) to read as follows:
Sec. 162.050-33 Bilge alarm: Design specification.
* * * * *
(d) Each bilge alarm must have a ppm display. Emulsions and/or the
type of oil must not affect the ppm display. Calibrating the bilge
alarm must not be necessary once installed on board the vessel,
however, on board testing in accordance with the manufacturer's
instructions is permitted. The accuracy of the readings must at all
times remain within the limits described in paragraph (c)(1) of this
section.
(e) Each bilge alarm must be designed so that it displays each
change in oil content of the mixture it is measuring within 5 seconds
after the change occurs.
(f) Access to the bilge alarm beyond checking instrument drift must
be limited; repeatability of the instrument reading and the ability to
re-zero the instrument must require the breaking of a seal.
(g) Each bilge alarm must activate its alarm whenever clean water
is used for cleaning or zeroing purposes.
(h) The bilge alarm must record date, time, alarm status, and
operating status of the 15 ppm bilge separator. The recording device
must also store data for at least 18 months and be able to display or
print a protocol. In the event the 15 ppm bilge alarm is replaced,
means must be provided to ensure the data recorded remains available on
board for 18 months.
26. Revise Sec. 162.050-35 to read as follows:
Sec. 162.050-35 Bilge alarm: Approval tests.
This section contains requirements that apply to bilge alarms.
(a) Test conditions. (1) Each test must be conducted under the
conditions prescribed for cargo monitors in Sec. Sec. 162.050-27(a)(1)
through (a)(5), (a)(7), (a)(8), (a)(10), (a)(11), and (a)(13).
(2) The tests in this section shall be performed using test fluids
described in Sec. 162.050-20.
(3) The oil content of each sample must be measured using the
method described in Sec. 162.050-39.
(b) Test No. 1A Calibration and Zero Test. (1) The bilge alarm is
calibrated and zeroed to manufacturer's instructions.
(2) It is then fed with water for 15 minutes and then with a
mixture of Test Fluid A and water in the following concentrations: 0
ppm, 15 ppm, and the highest oil concentration that can be read on the
monitor. A sample of the mixture causing actuation of the alarm is
taken. The alarm is then fed with water for 15 minutes.
(3) Repeat steps in paragraphs (b)(1) and (2) of this section first
using Test Fluid B and then again with Test Fluid C. Collect samples as
required in the test for each run of Test Fluid B and Test Fluid C.
(4) If the bilge alarm must be calibrated and re-zeroed between
test fluids, this shall be noted in the test report.
(c) Test No. 2A Contaminant Test. (1) The bilge alarm is fed for 5
minutes with a 10 ppm mixture of Test Fluid B and water. At the end of
the 5-minute period an oil content reading is obtained and recorded.
(2) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture
of Test Fluid B and water contaminated with a 10 ppm concentration of
iron oxide. Any change in the bilge alarm reading during the 5 minutes
is recorded.
(3) Repeat steps in paragraphs (c)(1) and (2) of this section using
iron oxide concentrations of 50 ppm and 100 ppm.
(4) The bilge alarm is then fed for 5 minutes with a 10 ppm mixture
of Test Fluid B and water. At the end of the 5-minute period an oil
content reading is obtained and recorded.
(5) The bilge alarm is fed for 5 minutes with a 10 ppm mixture of
Test Fluid B and fresh water with 6 percent sodium chloride. Any change
in the bilge alarm reading is recorded.
(d) Test No. 3A Sample Pressure or Flow Test. (1) The bilge alarm
is fed with a mixture of Test Fluid B and water and the test fluid
content of the mixture is increased until the bilge alarm actuates. The
ppm display is recorded and a sample of the mixture causing actuation
of the alarm is taken.
(2) If the alarm has a positive displacement mixture pump, the
[[Page 67083]]
mixture pressure is reduced to one-half of the alarm's maximum design
pressure. If the alarm has a centrifugal mixture pump or is not
equipped with a mixture pump, the mixture flow rate is reduced to one-
half of the alarm's maximum design flow rate. After reduction of
pressure or flow rate, the oil content in the mixture is increased
until the alarm actuates. The ppm display is recorded and a sample of
the mixture causing actuation of the alarm is taken.
(3) If the alarm has a positive displacement mixture pump, the
influent pressure is increased to twice the alarm's minimum design
pressure. If the alarm has a centrifugal mixture pump or if the alarm
is not equipped with a mixture pump, the influent flow rate is
increased to twice the alarm's maximum design flow rate. After
increasing the pressure or flow rate, the oil content in the mixture is
increased until the alarm actuates. The ppm display is recorded and a
sample of the mixture causing actuation is taken.
(e) Test No. 4A Shut-off Test. (1) The steps described in paragraph
(d)(1) of this section are repeated.
(2) The metering and water pumps of the test rig are stopped for 8
hours with the bilge alarm left turned on with no other changes made.
(3) The metering and water pumps are started and the Test Fluid B
content of the mixture is increased until the bilge alarm actuates. A
sample of the mixture causing actuation is taken. The bilge alarm ppm
display readings before and after the 8-hour period will be recorded.
(f) Test No. 5A Supply Voltage Variation Test. (1) The supply
voltage to the bilge alarm is raised to 110 percent of its design
supply voltage. The bilge alarm is fed with a mixture of Test Fluid B
and water and the test fluid content of the mixture is increased until
the bilge alarm actuates. The ppm display is recorded and a sample of
the mixture causing actuation is taken.
(2) The supply voltage to the alarm is lowered to 90 percent of its
design supply voltage. The bilge alarm is fed with a mixture of Test
Fluid B and water and the test fluid content of the mixture is
increased until the bilge alarm actuates. The ppm display is recorded
and a sample of the mixture causing actuation is taken.
(3) Upon completion of the steps described in paragraph (f)(2) of
this section, the supply voltage to the alarm is returned to its design
value.
(4) The steps described in paragraphs (f)(1) through (f)(3) of this
section are repeated varying each other power supply to the alarm in
the manner prescribed in those steps for supply voltage.
(g) Test No. 6A Calibration and Zero Test. (1) The steps described
in paragraph (b)(1) of this section are repeated and then the steps in
paragraph (d)(1) of this section are repeated.
(2) The bilge alarm is fed with a 15 ppm mixture of Test Fluid B
and water for eight hours and any calibration drift is recorded.
Samples of the mixture must be taken at the beginning of the test and
at 2-hour intervals until the completion of the 8-hour period.
(3) The steps in paragraph (g)(2) of this section are repeated
using clean, oil-free water only. Any zero drift is recorded.
(h) Test No. 7A Response Time Test. (1) The bilge alarm is fed with
a 40 ppm mixture of Test Fluid B and water until the bilge alarm
actuates. The time of turning on the metering pump of the test rig and
the time of alarm actuation are recorded. The flow rate on the flow
meter of the test rig is also recorded.
(i) Test No. 8A Shut Down and Re-start Test. (1) All power to the
bilge alarm is shut off for 1 week. After 1 week the alarm is then
started, zeroed, and calibrated.
(2) The steps described in paragraph (d)(1) of this section are
repeated. Water is then fed to the monitor for 1 hour.
(3) The steps described in paragraph (i)(2) of this section are
repeated seven additional times. During the last hour, the alarm must
be inclined at an angle of 22.5 [deg] with the plane of its normal
operating position.
27. In Sec. 162.050-37, in paragraph (b), remove the figure ``4''
and add, in its place, the word ``2''; redesignate paragraphs (b)(1)
through (3) as paragraphs (b)(1)(i) through (iii); redesignate
paragraph (b) introductory text as (b)(1) and designate the
undesignated paragraph as (b)(2); and add paragraph (c) to read as
follows:
Sec. 162.050-37 Vibration test.
* * * * *
(c) After completion of the test described in paragraph (b) of this
section, the test must be repeated and any significant change in the
vibration pattern will be noted in the test report.
28. Revise Sec. 162.050-39 to read as follows:
Sec. 162.050-39 Measurement of oil content.
(a) The collection and testing of all samples of oil in water from
the required test will be accomplished in accordance with ISO 9377-2
(2000), Water Quality--Determination of hydrocarbon oil index--Part 2:
Method Using solvent extraction and Gas Chromatography (Incorporated by
reference, see Sec. 162.050-4).
(b) Testing facilities may continue to use the infrared
spectrophotometer assay in lieu of ISO 9377-2, so long as supplies of
reagents necessary for the testing are available.
Dated: October 24, 2005.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Environmental Protection.
[FR Doc. 05-21573 Filed 11-2-05; 8:45 am]
BILLING CODE 4910-15-P