The US Coast Guard issued a final rule removing its regulations for tank level or pressure monitoring devices on single-hull tank vessels carrying oil or oil residue as cargo. This rulemaking has had a long history. Such devices were originally required by the original version of the Oil Pollution Act of 1990 (OPA 90) and resulted in litigation when it was determined that no device capable of accomplishing its purpose on a ship at sea had been developed. Congress eventually revised the statutory provision to allow the Coast Guard some discretion in this matter, which has now been exercised. 73 Fed. Reg. 79314 (December 29, 2008).
(Holland & Knight)