1625-0060_SS_r0_2018

1625-0060

Supporting Statement
for
Vapor Control Systems for Facilities and Tank Vessels

OMB No.: 1625-0060

COLLECTION INSTRUMENTS: Instruction

A. Justification.

1) Circumstances that make the collection of information necessary.

To comply with various Federal and State environmental quality statutes and regulations imposed by agencies other than the Coast Guard, many tank vessels and facilities use vapor control systems (VCSs) to limit hydrocarbon emissions during tank vessel loading or unloading. The Coast Guard itself does not require any vessel or facility to use a VCS, but it regulates VCS safety. The regulations in 33 CFR part 154 and 46 CFR part 39 provide standards to protect facilities from fire and explosion, and to protect vessels from fire, explosion, over/under-pressurization, and overfilling. VCSs require approval, either directly from the Coast Guard or using the services of third-party certifying entities that have been recognized (“accepted”) by the Coast Guard for that purpose. The regulations are issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3703.

This information collection supports the following strategic goals:

Department of Homeland Security

• Prevention

• Protection

Coast Guard

• Maritime Safety

• Protection of Natural Resources

Prevention Policy & Response Policy Directorates (CG-5P & 5R)

• Safety: Eliminate deaths, injuries, and property damage associated with commercial maritime operations.

• Human and Natural Environment: Eliminate environmental damage associated with maritime transportation and operations on and around the nation’s waterways.

2) By whom, how, and for what purpose the information is to be used.

The collection of information requirements will be used by the Coast Guard. The purpose of the information is (1) recording compliance actions, (2) documenting safety procedures (3) conveying training information and (4) labeling equipment to assure safe operations.

Coast Guard-approved certifying entities use plans and technical information for vapor control systems to determine if a facility’s or tank vessel’s vapor control system is designed in accordance with the applicable regulations. The plans and information submitted are those normally developed by a facility or tank vessel in designing a vapor control system. While compliance with most standards can be determined by examining a facility or tank vessel after completion of the vapor control system, it is much more efficient and cost effective to the public and to the facility to review the plans prior to construction. Frequency of submittals is on occasion. Submittals are made once prior to construction of a system and then before any alteration of the system.

3) Consideration of the use of improved information technology.

The information required is particular and unique to each facility, tank barge cleaning facility, tank vessel, or certifying entity. The information is a one-time or on-occasion preparation and/or submittals. Submittals for facilities and vessels generally take the form of plans, training manuals or operating manuals. The information may be submitted by mail, fax or electronically via e-mail to the Coast Guard.

The Coast Guard Marine Safety Center (MSC) accepts information/plans via electronic submittal. For information on submitting information to the CG MSC, go to— http://www.dco.uscg.mil/msc. Information may also be submitted to the local CG Sector Office. Contact info for CG Sectors can be found at— https://www.uscg.mil/Units/Organization/.

The Coast Guard estimates that approximately 95% of the reporting and recordkeeping requirements can be done electronically. At this time, USCG estimates that approximately 75% of the responses are collected electronically.

4) Efforts to identify duplication.

The Coast Guard monitors State and local regulatory activity in this field. To date, USCG has identified no equivalent State or local programs that require equivalent information. No other Federal agencies have similar or equivalent regulatory requirements.

5) Methods to minimize the burden to small businesses if involved.

There are only a few small entities that own or operate applicable facilities. Moreover, small entities usually have fewer facilities and vessels and simpler vapor control systems. This results in a lesser burden. It may be easier for small entities to describe their qualifications when asking to be accepted as a certifying entity. No particular format is specified for either plan submittal or application to become a certifying entity.

6) Consequences to the Federal program if collection were conducted less frequently.

If companies did not submit plans and information for vapor control systems for certification, the Coast Guard would not have the means to ensure that such systems met the applicable regulations for design and safety. This would pose a threat to public safety and the environment. Regulations mandate that companies submit plans once before construction; they only mandate that companies submit plans after construction if alterations are made to the system. Companies could not submit plans less frequently than current regulations mandate.

Without requiring certifying entities to submit an application, we would be unable to ensure that companies had the necessary qualifications to properly review and certify plans for vapor control systems. This would allow the possibility of unqualified personnel reviewing plans. This, in turn, would also allow the possibly of plans being certified that do not meet the applicable requirements. Such plans would pose a threat to the safety and security to public and the facility.

7) Special collection circumstances.

This information collection is conducted in manner consistent with the guidelines in 5 CFR 1320.5(d)(2). With one exception, this information collection is consistent with the guidelines in 5 CFR 1320.6. The exception is the requirement of recordkeeping beyond three years. The certified plans and certifying letter must be retained for the life of the vapor control system. This information is needed to demonstrate the acceptability of the system, and is particularly pertinent with new personnel that are not familiar with the system’s history. It is also needed to make sure that repairs to the system do not alter the system from what was previously found to be in compliance.

8) Consultation.

A 60-day Notice (See [USCG-2018-0491], May, 29, 2018, 83 FR 24484) and 30-Day Notice (August 28, 2018, 83 FR 43884) were published in the Federal Register to obtain public comment on this collection. The Coast Guard has not received any comments on this information collection.

9) Explain any decision to provide any payment or gift to respondents.

There is no offer of monetary or material value for this information collection.

10) Describe any assurance of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents for this information collection. This information collection request is covered by the Marine Information for Safety and Law Enforcement (MISLE) Privacy Impact Assessment (PIA) and System of Records Notice (SORN). Links to the MISLE PIA and SORN are provided below:

• https://www.dhs.gov/sites/default/files/publications/privacy_pia_uscg_misle.pdf

• https://www.gpo.gov/fdsys/pkg/FR-2009-06-25/html/E9-14906.htm

11) Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12) Estimates of reporting and recordkeeping hour and cost burdens of the collection of information.

• The estimated annual number of respondents is 613

• The estimated annual number of responses is 1,513

• The estimated annual hour burden is 8,870

• The estimated annual cost burden is $470,160

The burden to respondents is provided in Appendix A. For a VCS facility, we estimate that it takes a technical specialist about 7 hours for plan/manual development/submission and recordkeeping per response. New facilities develop VCS plans/manuals, existing facilities updated plans/manuals when system modifications occur, and all facilities must maintain records. Respondents are all VCS facilities. For a VCS tank vessel, we estimate it takes a technical specialist about 1.5 hours for plan/manual development/submission per response. Plan submission is a one-time occurrence for new tank vessels (U.S. and foreign flag). Respondents are all new tank vessels w/ VCS equipment. For a prospective certifying entity (respondent), we estimate it takes a senior technical specialist about 2 hours to apply for CG approval. A certifying entity application is a one-time submission. We estimate that we will receive 1 per year. The position of a technical specialist is analogous to a GS-09, and the position of a senior technical specialist is analogous to a GS-12. The wage rates used are in accordance with the current edition of COMDTINST 7310.1(series) for “Out-Government” personnel.

13) Total annualized capital and start-up costs.

There are no recordkeeping, capital, start-up or maintenance costs associated with this information collection.

14) Estimates of annualized Federal government costs.

The estimated annual Federal Government cost is $155,839 (see Appendix B). It takes the Coast Guard an average of 1 hour to perform various reviews, a task typically performed by a GS-14. The wage rate used is in accordance with the current edition of COMDTINST 7310.1(series) for “In-Government” personnel.

15) Reasons for the change in burden.

The change in burden is an ADJUSTMENT due to a change (i.e., decrease) in the estimated annual number of respondents. There is no proposed change to the reporting or recordkeeping requirements of this collection. The reporting and recordkeeping requirements, and the methodology for calculating burden, remain unchanged.

16) Plans for tabulation, statistical analysis, and publication.

This information collection will not be published for statistical purposes.

17) Approval for not explaining the expiration date for OMB approval.

The Coast Guard will display the expiration date for OMB approval of this information collection.

18) Explain each exception to the certification statement.

The Coast Guard does not request an exception to the certification of this information collection.

B. Collection of Information Employing Statistical Methods.

This information collection does not employ statistical methods.

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