[Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31240]


[[Page Unknown]]

[Federal Register: December 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

46 CFR Part 4

[CGD 91-216]
RIN 2115-AD98

 

Reporting Marine Casualties

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting; request for comments.

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SUMMARY: The Coast Guard announces an open meeting to hear the public's 
opinions on how best to implement amendments contained in the Oil 
Pollution Act of 1990 (OPA 90) that relate to the statutory obligation 
of certain U.S. and foreign flag vessels to report to the Coast Guard 
specific ``marine casualties.'' Following the public meeting, the Coast 
Guard will decide whether to propose changes to existing regulations, 
to propose new regulations, or to implement the statutory changes 
through non-regulatory means.

DATES: The meeting will be held January 20, 1995, from 9 a.m. to 12 
a.m. Written comments must be received not later than February 20, 
1995.

ADDRESSES: The meeting wll be held in room 2415, Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001. 
Written comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA), U.S. Coast Guard, 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. Comments become part of this docket (CGD 91-216) and 
are available for inspection or copying at room 3406, Coast Guard 
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Pamela M. Pelcovits, Oil Pollution Act 
(OPA 90) Staff (G-MS-A), U.S. Coast Guard, 2100 Second Street SW., 
Washington, DC 20593, telephone (202) 267-6740. This telephone is 
equipped to record messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION: Current Coast Guard regulations in part 4 of 
title 46 of the Code of Federal Regulations (CFR) meet the requirements 
of 46 U.S.C. 6101 for reporting of the following marine casualties: (1) 
Death of an individual; (2) serious injury to an individual; (3) 
material loss of property; and (4) material damage affecting the 
seaworthiness or efficiency of the vessel. Part 4 covers submittal of 
timely reports and investigation by the Coast Guard.
    In addition, under the current regulations, U.S. flag vessels are 
required to report a marine casualty, to the Coast Guard, regardless of 
the jurisdiction in which the casualty occurs. However, current Coast 
Guard regulations do not require foreign flag vessels to report any 
marine casualty, such as a non-operational discharge of oil, when 
operating in waters beyond the navigable waters of the United States.
    The Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380) amends 46 
U.S.C. 6101 by adding the term ``significant harm to the environment'' 
to the list of reportable marine casualties. The amendment also 
provides that foreign flag tank vessels operating in waters subject to 
U.S. jurisdiction beyond the navigable waters of the United States 
(i.e., within the exclusive economic zone (EEZ)) must report to the 
extent consistent with generally recognized principles of international 
law, two categories of marine casualties, those resulting in--(1) 
material damage affecting the seaworthiness or efficiency of a vessel; 
and (2) significant harm to the environment.
    The Coast Guard is interested in information and opinions 
concerning how the Coast Guard should respond to the following major 
issues raised by the amendments to 46 U.S.C. 6101 as set forth in OPA 
90.
    1. Should regulatory changes be made to define and secure reporting 
of ``significant harm to the environment'' casualties in the U.S. 
navigable waters (foreign flag and U.S. flag vessels)? Do the 
provisions in 46 CFR 4.03-2 (b) and (c) adequately define incidents 
which include those having a potential to cause ``significant harm to 
the environment?''
    2. How should the Coast Guard define and implement the requirement 
for reporting of ``significant harm to the environment'' and ``material 
damage'' casualties for foreign flag tank vessels in waters subject to 
U.S. jurisdiction, including the EEZ, consistent with ``generally 
recognized principles of international law?'' Do the provisions of 46 
CFR 4.05-1(b) and (c) adequately define incidents which include 
``material damage?''
    3. How should the Coast Guard impose any reporting requirements for 
foreign tank vessels in the EEZ--on inbound, outbound, or transiting 
vessels?
    4. Should any regulations be located as amendments to the existing 
regulations under 46 U.S.C. 6101 at 46 CFR part 4 or in the pollution 
prevention regulations implementing international pollution control 
agreements (33 CFR part 151)?
    Attendance at the January 20, 1995 meeting is open to the public. 
With advance notice, and as time permits, members of the public may 
make oral presentations during the meeting. Persons wishing to make 
oral presentations should call the number listed in FOR FURTHER 
INFORMATION CONTACT no later than the day before the meeting. Written 
comments may be submitted prior to, during, or after the meeting.

    Dated: December 14, 1994.
Norman W. Lemley,
Acting Chief, Office of Marine Safety, Security and Environmental 
Protection.
[FR Doc. 94-31240 Filed 12-19-94; 8:45 am]
BILLING CODE 4910-14-M