[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18792]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 160

[CGD 94-027]
RIN 2115-AE82

 

Notice of Hazardous Conditions

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is amending the rule that requires notice of 
hazardous conditions. The amended rule will clarify the conditions 
requiring notice and the parties responsible for providing notice; it 
will eliminate any confusion that might exist in determining whether a 
particular incident is reportable and, if so, by whom. It should 
forestall another disaster such as the derailment of a passenger train 
near Mobile, Alabama, in September 1993.

DATES: This rule is effective on August 3, 1994. Comments must be 
received on or before December 1, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA, 3406) [CGD 94-027], U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-1477.
    The Executive Secretary maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room 3406, U.S. Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant John P. Sifling, Project Manager, Office of Marine Safety, 
Security, and Environmental Protection (G-MPS-3), (202) 267-0491, 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking [CGD 94-027] and the specific section of this 
interim rule to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Marine Safety Council at the address 
under ``ADDRESSES.'' The request should include the reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant John P. Sifling, Project Manager, Office of Marine Safety, 
Security, and Environmental Protection, and Mr. Patrick J. Murray, 
Project Counsel, Office of the Chief Counsel.

Regulatory Information

    This rule is being published as an interim rule and is being made 
effective on the date of publication. The Coast Guard has determined 
that it would be contrary to the public interest to delay publication 
of this amendment, which clarifies existing law, imposes no new 
regulatory requirements, and involves no significant change in policy. 
For these good reasons, the Coast Guard finds, under 5 U.S.C. 553 
(b)(3) and (d)(3), that both notice and public hearing on the notice, 
before the effective date of this rule, are unnecessary and that this 
rule should be made effective less than 30 days after publication.

Background and Purpose

    The derailment of the Amtrak Sunset Limited, a passenger train, on 
September 22, 1993, with extensive injury and loss of life, resulted in 
a study by the Coast Guard entitled Review of Marine Safety Issues 
Related to Uninspected Towing Vessels. This study, conducted jointly by 
the Office of Navigation Safety and Waterway Services (G-N) and the 
Office of Marine Safety, Security, and Environmental Protection (G-M), 
provided the Commandant of the Coast Guard with a number of 
recommendations to enhance safety in the towboat industry. (Persons may 
review this study at the office of the Marine Safety Council at the 
address under ``ADDRESSES.'') One of these recommendations called for 
``a regulatory project to amend 33 CFR 160.215 to clearly indicate that 
the required notice of a hazardous condition includes a hazardous 
condition caused by a vessel or its operation even when the hazardous 
condition is not on board the vessel.'' The Commandant concurred, and 
directed the Division of Port Safety and Security (G-MPS), Office of 
Marine Safety, Security, and Environmental Protection, to initiate the 
recommended regulatory project. On March 2, 1994, the Coast Guard 
announced [59 FR 10031] a public meeting to help guide the project. On 
April 4, 1994, the meeting occurred.

Discussion of Rule

    This interim rule amends the existing rule in one editorial and 
three substantive ways. First, it revises 33 CFR 160.203, Definitions, 
to redefine ``hazardous condition.'' Second, it revises 33 CFR 160.215, 
Notice of hazardous conditions, by including among reporting-criteria 
for hazardous conditions, along with any such condition actually aboard 
a vessel, any caused by the operation of a vessel. Although current 
Sec. 160.203 defines such a condition as any ``that could adversely 
affect the safety of any vessel, bridge, structure, or shore area * * 
*'', the Coast Guard suspects potential for confusion regarding the 
responsibility for giving notice under certain circumstances. This 
confusion might arise from current Sec. 160.215 itself, which 
prescribes notice only ``whenever there is a hazardous condition on 
board a vessel [emphasis added].'' The Coast Guard is concerned that 
owners, masters, agents, or persons in charge (or, from now on [see 
below], operators) might misinterpret this to cover such a condition 
aboard a vessel and yet not one that adversely affects, as the 
definition specifies, the safety of other vessels, bridges, structures, 
or shore areas, or the environmental quality of ports, harbors, and 
navigable waters of the United States. Third, this rule adds the term 
``operator'' to the list of those responsible for giving notice. Often, 
a vessel is owned by one company but operated by another. An operator 
must bear responsibility for the action of its employees--particularly 
with regard to foreign vessels, where the master and crew are not 
licensed in the United States. Making ``operator'' explicit will 
clarify the operator's responsibility for giving notice of hazardous 
conditions. Fourth, this rule supplies a parenthetical cross-reference 
to the requirement of a less-urgent but more-detailed written report 
whenever the hazardous conditions involves a ``marine casualty'' within 
the meaning of 46 CFR part 4.

Regulatory Evaluation

    This interim rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. It has not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) [44 
FR 11040 (February 26, 1979)]. The Coast Guard expects the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This finding rests on the determination that this rule 
clarifies an existing requirement and does not place any new 
requirement on the public.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard has reviewed this interim rule for potential impact 
on small entities. Because this rule does not place any new 
requirements on the public, the Coast Guard has determined that it will 
have no economic impact on small entities. If you nonetheless think 
that your business or organization qualifies as a small entity and that 
this rule will have a significant economic impact on your business or 
organization, please submit a comment (see ``ADDRESSES'') explaining 
why you think it qualifies and to what degree this rule will 
economically affect it.

Collection of Information

    This interim rule contains no new collection-of-information 
requirements under the Paperwork Reduction Act [44 U.S.C. 3501 et 
seq.].

Federalism

    The Coast Guard has analyzed this interim rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
the rule does not have sufficient implications for federalism to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this interim 
rule and concluded that, under Sec. 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. This rule is an administrative matter 
within the meaning of sub-Sec. 2.B.2.1. of that Instruction that 
clearly has no environmental impact. A Determination of Categorical 
Exclusion is available in the docket for inspection or copying where 
indicated under ``ADDRESSES.''

List of Subjects in 33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials 
transportation, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Vessels, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 160 as follows:

TITLE 33  [AMENDED]

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

    1. The citation of authority for part 160 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 49 CFR 1.46.

    2. The definition of Hazardous condition in Sec. 160.203 is revised 
to read as follows:


Sec. 160.203  Definitions.

* * * * *
    Hazardous condition means any condition that may adversely affect 
(1) the safety of any vessel, bridge, structure, or shore area or (2) 
the environmental quality of any port, harbor, or navigable waterway of 
the United States. It may--but need not--involve collision, allision, 
fire, explosion, grounding, leaking, damage injury or illness of a 
person aboard, or manning-shortage.
* * * * *


Secs. 160.207, 160.211, 160.213  [Amended]

    3. Sections 160.207, 160.211, and 160.213 are amended by replacing 
the words ``owner, master, agent or person in charge'' wherever they 
appear with the words ``owner, agent, master, operator, or person in 
charge''.
    4. Section 160.215 is revised to read as follows:


Sec. 160.215  Notice of hazardous conditions.

    Whenever there is a hazardous condition either aboard a vessel or 
caused by a vessel or its operation, the owner, agent, master, 
operator, or person in charge shall immediately notify the nearest 
Coast Guard Marine Safety office or Group office. (Compliance with this 
section does not by itself discharge the duty of compliance with 46 CFR 
4.05-10.)

    Dated: July 15, 1994.
J.C. Card,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety, 
Security and Environmental Protection.
[FR Doc. 94-18792 Filed 8-2-94; 8:45 am]
BILLING CODE 4910-14-M