Federal Register - August 11, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
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result from the facilities not having to assemble and mail printed documentation to the COTP. Cost savings would also result from facilities no longer needing to assemble and physically place printed documentation for the marine transfer areas. Alternative 2 would result in greater cost savings related to printing and mailing than alternative 1, as all regulated facilities would submit documents electronically.
However, alternative 2 also has the highest potential cost associated with its implementation. This is because a number of facilities may not currently have the required information technology IT infrastructure to permit the use of electronic documentation at their marine transfer areas. For those facilities without the pre-existing IT
infrastructure, building the infrastructure could prove expensive compared to the cost savings from reducing the amount of printed manuals and amendments. Factors affecting the building of such IT infrastructure not all inclusively include the following:
The size of the facility;
How many marine transfer areas there are each area must have an Operations Manual, and transfer areas in LNG and LHG facilities must also have an Emergency Manual;
The number and type of products transferred at the facility;
The types of transfer operations occurring at the facility; and Any pre-existing infrastructure that can already facilitate accessing and using electronic documentation such as Wi-Fi or hardwired broadband connections.
Based on these factors, for some facilities the total costs required to access electronic documents could exceed the cost savings from switching to electronic documentation. In addition, these IT costs could disproportionately affect facilities that are relatively small in terms of revenue.
We believe that imposing these additional costs on such small entities would be financially burdensome;
therefore, we rejected alternative 2.
Alternative 3Option To Use Either Printed or Electronic Manuals Alternative 3 is the selected alternative for this rulemaking. This alternative explicitly states that facility operators may submit the required Operations Manuals, Emergency Manuals, and amendments either in print or electronic format. In addition, if submitting the required documents in print, only one copy is required. In this alternative, facilities facing higher IT
improvement costs could continue to use printed manuals and submissions.
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Hence, this alternative will lead to the highest net cost savings of the three alternatives.
For these reasons, alternative 3 is the preferred alternative. We provide a discussion of this alternative below.
Affected Population We identified 121 LNG and LHG
facilities that could be potentially impacted by this regulation, based on a search of the Coast Guards Marine Information for Safety and Law Enforcement MISLE database.14 We also identified 2,497 MTR facilities that could be potentially impacted. A
discussion follows describing how the impacted population itself was reached.
LNG and LHG facilities transfer liquefied natural gas and liquefied hazardous gas from vessels to the shore or from the shore to vessels. MTR
facilities transfer oil or hazardous material in bulk from vessels to the shore or from the shore to vessels.
Operations Manuals provide information relating to LNG, LHG, and MTR facilities, such as physical characteristics including plans and maps, descriptions of transfer systems and mooring areas, and diagrams of piping, electrical systems, control rooms, and security systems.15
Emergency Manuals include information relating to, among other items, emergency shutdown procedures, descriptions of and operating procedures for fire and other emergency equipment, first-aid procedures and stations, and emergency response procedures.16 Operations Manuals and Emergency Manuals vary in terms of size, anywhere from 0.5-inch, three-ring binders containing 50 pages, to 3-inch, three-ring binders.17 We have estimated the 3-inch, three-ring binders to be an average of 514 pages in length.18 The 14 The search of MISLE was conducted on November 18, 2019.
15 A full list of what Operations Manuals need to cover for LNG and LHG facilities is in 33 CFR
127.305 and 127.1305, and for MTR facilities in 33
CFR 154.310.
16 The full list of items that Emergency Manuals need to cover for LNG facilities can be found in 33
CFR 127.307, and for LHG facilities in 33 CFR
127.1307.
17 This information was obtained from Coast Guard SMEs in CGFAC.
18 The estimate of 514 was based on the maximum size capacity of five 3-inch three-ring binders found at five office supply stores on the internet. The mean capacity of these five binders was calculated by CGFAC to come to 514 pages.
The five stores included the following: 1 Office Depot https www.officedepot.com/a/products/
502062/Wilson-Jones-Binder-3-Rings-36percent/;
2 Staples https www.staples.com/Simply-3Inch-Round-3-Ring-Binder-Black-26857/product_
1319200, accessed November 5, 2019, 460 pages;
3 Walmart https www.walmart.com/ip/
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0.5-inch manuals are the most common size, accounting for the majority of manuals.19 Therefore, in our cost savings estimate, we assumed that all manuals are 0.5-inch, three-ring binders of 50 pages.
Amendments to both Operations Manuals and Emergency Manuals are intended to keep those manuals up to date.20 Their length depends on the information required to be updated. If the information is significant, these amendments may be as long as the original document submitted to the COTP. If the change is relatively minor, the amendments may only be a few pages. If the amendments are only a few pages, they are submitted to the COTP
as individual pages. The COTP then examines those pages and, after determining their adequacy, inserts them into the previous edition of the Operations Manual or Emergency Manual.21 If the facility sends the amendment in electronic form, the new pages that supersede the old can be inserted into the electronic document that the COTP has much the same way that pages can be inserted into PDF
documents. On the other hand, if the amendment is sent in paper format and the COTP deems it adequate, the COTP can insert new pages into the previous edition of the manual to replace the pages that were originally deemed inadequate. Coast Guard SMEs estimated that 80 percent of amendments to Operations Manuals and Emergency Manuals consist of 5-page inserts, while 20 percent consist of documents that are as long as full-length Operations Manuals or Emergency Manuals. In our cost savings estimate, we assumed that all amendments would be five pages.
We examined MISLE data between 2009 and 2019 inclusively to determine that an annual average of 60
Capacity-Black-UNV20991/21454956; 4 Target https www.target.com/p/avery-3-34-one-touchslant-rings-600-sheet-capacity-heavy-duty-viewbinder-white/-/A-14432722; and 5 Amazon https www.amazon.com/Wilson-Jones-BinderBasic-W362-49W/dp/B0001N9WM8/ref=sr_1_
5?keywords=3+ring+3+inch+binder&
qid=1573433167&sr=8-5, accessed on November 5, 2019, 550 pages.
19 This information was obtained from Coast Guard SMEs in CGFAC.
20 A complete list of items that must be kept current can be found in 33 CFR 127.1305 for LHG
facilities Operations Manuals. For LNG facilities, the complete list can be found in 33 CFR 127.305
for Operations Manuals, and in 33 CFR 127.307 for Emergency Manuals. For MTR facilities, 33 CFR
154.300b and 154.300b1 state, the facility operator shall maintain the operations manual so that it is . . . current.
21 The original pages that the newly submitted pages replace, assuming the document was in paper format, are disposed of by the COTP.
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