[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Rules and Regulations]
[Pages 41794-41804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19762]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 160

[USCG-1998-4819]
RIN 2115-AF85


Year 2000 (Y2K) Reporting Requirements for Vessels and Marine 
Facilities; Enforcement Date Change

AGENCY: Coast Guard, DOT.

ACTION: Temporary interim rule.

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SUMMARY: The Coast Guard is changing the reporting date for certain 
vessels and marine facilities to submit their Year 2000 (Y2K) 
preparedness questionnaires. The current temporary interim rule 
requires certain vessels and marine facilities to submit Y2K 
preparedness questionnaires to be received by the Coast Guard no later 
than August 1, 1999. Due to problems with the software enabling 
Internet submissions, we are delaying the questionnaire submission date 
to August 20, 1999. Additionally, we are making some non-substantive, 
editorial corrections to the interim rule.

EFFECTIVE DATES: This temporary interim rule is effective August 2, 
1999 and expires March 31, 2000. All other provisions of the temporary 
interim rule published on June 23, 1999 at 64 FR 33404-33424 that 
became effective on June 23, 1999 remain in effect.

FOR FURTHER INFORMATION CONTACT: For questions regarding this change of 
enforcement date, call Mr. John Hannon, Project Manager, Office of 
Compliance, telephone 202-267-0492. For questions on viewing, or 
submitting material to the docket, contact Dorothy Walker, Chief, 
Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Discussion of Regulatory Action

    This rule delays the submission requirement for the Y2K 
questionnaires from August 1, 1999 to August 20, 1999. This delay 
facilitates the regulated public's ability to use the Internet and 
other means to submit the required questionnaires. Because this rule 
relieves the restriction for the August 1, 1999, submission date, until 
August 20, 1999, under 5 U.S.C. 553 (d)(1), it is effective on its date 
of publication in the Federal Register.

Background

    On March 5, 1999, the International Maritime Organization (IMO) 
issued Circular Letter No. 2121 which established, through unanimous 
agreement, the Year 2000 Code of Good Practice and Key Elements of Y2K 
contingency plans for ships, ports, and terminals. After the issuance 
of Circular No. 2121, the Coast Guard developed a risk assessment 
matrix, and evaluated the need for information to supplement the 
questionnaires contained in the Circular. We published a temporary 
interim rule on June 23, 1999 (64 FR 33404) establishing temporary Y2K 
preparedness reporting requirements for vessels and marine facilities 
operating in U.S. waters on any of the following peak risk dates:
     Between midnight (2400 hours local time) September 7, 1999 
and midnight (2400 hours local time) September 9, 1999 (48 hours);
     Between midnight (2400 hours local time) December 30, 1999 
and midnight (2400 hours local time) January 1, 2000 (48 hours); and
     Between midnight (2400 hours local time) February 27, 2000 
and midnight (2400 hours local time) February 29, 2000 (48 hours).
    The reporting requirements and copies of the required forms were 
set out in the temporary interim rule.

Reason for Delay

    The temporary interim rule gave the public three options to submit 
their responses to Y2K questionnaires: by mail, by facsimile (fax), and 
by submission of data via the Internet. At the time of publication of 
the Temporary Interim Rule, we reported that we were finalizing our Y2K 
questionnaire data processing system and indicated we would implement 
the system by July 1, 1999. At this time, the system is capable of 
receiving faxed and mailed submissions; however, we are currently 
experiencing software problems for submitting questionnaires via the 
Internet. We anticipate that Internet submission capability will not be 
available until August 1, 1999. If all submissions were made using the 
Internet, our system may not be able to process all submissions; 
therefore, we are delaying the date by which we must receive your Y2K 
preparedness questionnaires until August 20, 1999. We are currently 
capable of receiving and processing both fax and mail Y2K questionnaire 
submissions and you are highly encouraged to submit your questionnaires 
as soon as possible through one of those means.
    Additionally, as published, the temporary interim rule contains 
inaccuracies and editorial errors in need of correction. We are 
correcting the Navigation and Vessel Inspection Circular (NVIC) 6-99 to 
read as 7-99. In addition, facilities operating under the authority of 
the Department of Transportation were omitted from section 160.307 
paragraph (g) in error. We are correcting that oversight by adding the 
Department of Transportation to this section. We are also correcting an 
editorial error where we mislabeled sub-paragraphs in section 160.317 
of the rule by going from (d) to (f), skipping (e). Finally, we are 
correcting an inaccurate domestic fax number and adding an 
international fax number for foreign vessels to submit the appropriate 
Y2K preparedness questionnaire.

List of Subjects in 33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous material 
transportation, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Vessels, Waterways.
    For reasons set forth in the preamble, the Coast Guard is amending 
33 CFR part 160 as follows:

PART 160--PORTS AND WATERWAY SAFETY--GENERAL

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

    Authority: 33 U.S.C. 1223, 1231; 49 CFR 1.46. Subpart D is also 
issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

    2. Revise paragraph (g) of Sec. 160.307, to read as follows:


Sec. 160.307  Which vessels and facilities are exempt from this 
subpart?

* * * * *
    (g) Facilities directly operated by the Department of Defense, or 
under the authority of the Department of the Interior or the Department 
of Transportation.
    3. In Sec. 160.313, revise paragraphs (a)(1), (a)(2), and (b)(2) to 
read as follows:


Sec. 160.313  What are the Year 2000 (Y2K) reporting requirements for 
vessels owned in the United States?

    (a) * * *
    (1) If your vessel will operate during any of the peak risk periods 
identified in Sec. 160.311, you must submit a Vessel

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Questionnaire, as contained in Appendix A to this subpart, so that it 
is received by the U.S. Coast Guard no later than August 20, 1999.
    (2) If your vessel will not operate during any of the peak risk 
periods identified in Sec. 160.311, but will operate during the period 
August 1, 1999, through March 21, 2000, you must submit U.S. Supplement 
1 (page 3 of the Vessel Questionnaire as contained in Appendix A to 
this subpart) so that it is received no later than August 20, 1999.
    (b) * * *
    (2) By fax to: 1-877-825-4357 (for submissions faxed within the 
United States) or 1-703-522-1839 (for submissions faxed from outside 
the United States); or
* * * * *
    4. Revise paragraph (b)(2) of Sec. 160.315 to read as follows:


Sec. 160.315  What are the Year 2000 (Y2K) reporting requirements for 
foreign flag vessels?

* * * * *
    (b) * * *
    (2) By fax to: 1-877-825-4357 (for submissions faxed within the 
United States) or 1-703-522-1839 (for submissions faxed from outside 
the United States); or
* * * * *
    5. In Sec. 160.317, revise paragraphs (a)(1), (a)(2), and (b)(2) to 
read as follows and redesignate paragraphs (f) and (g) as paragraphs 
(e) and (f):


Sec. 160.317  What are the Year 2000 (Y2K) reporting requirements for 
marine facilities?

    (a) * * *
    (1) If your marine facility will operate during any of the peak 
risk periods identified in Sec. 160.311, you must submit a Marine 
Facility Questionnaire, as contained in Appendix B to this subpart, so 
that it is received by the U.S. Coast Guard no later than August 20, 
1999.
    (2) If your marine facility will not operate during any of the peak 
risk periods identified in Sec. 160.311, but will operate during the 
period August 1, 1999, through March 21, 2000, you must submit U.S. 
Supplement 2 (page 3 of the Marine Facility Questionnaire as contained 
in Appendix B to this subpart) so that it is received no later than 
August 20, 1999.
    (b) * * *
    (2) By fax to: 1-877-825-4357 (for submissions faxed within the 
United States) or 1-703-522-1839 (for submissions faxed from outside 
the United States); or
* * * * *
    6. Revise Appendix A to Subpart D of Part 160--United States Coast 
Guard Vessel Questionnaire to read as follows:

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Appendix A to Subpart D of Part 160--United States Coast Guard 
Vessel Questionnaire
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    7. Revise Appendix B to Subpart D of Part 160--United States Coast 
Guard Marine Facility Questionnaire to read as follows:

Appendix B to Subpart D of Part 160--United States Coast Guard 
Marine Facility Questionnaire
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    Dated: July 28, 1999.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 99-19762 Filed 7-28-99; 4:40 pm]
BILLING CODE 4910-15-C