[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Notices]
[Pages 314-316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33]



[[Page 314]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard
[USCG-1999-5484]


Release of Vessel Response Plan Information on the Internet Under 
the Freedom of Information Act

AGENCY: Coast Guard, DOT.

ACTION: Notice of decision.

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SUMMARY: This notice is to inform the submitters of vessel response 
plans that the Coast Guard has determined that the release of 
information to the general public via the Internet, as described in 
this notice, will not cause substantial competitive harm to any 
submitter. The information will be released on the Internet and will be 
publicly available through our vessel response plan world-wide-web site 
http://www.uscg.mil/vrp.

DATES: The release of the VRP information, as described in this notice, 
is scheduled to occur on or about February 1, 2000.

ADDRESSES: The Docket Management Facility maintains the public docket 
for this notice (USCG-1998-5484). The original predisclosure notice, 
all comments subsequently received from the submitters of vessel 
response plans, and this notice are part of the docket and are 
available for inspection or copying at room PL-401 on the Plaza level 
of the Nassif Building, 400 Seventh Street SW., Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://
dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this notice, call 
Lieutenant Commander John Caplis, Plans and Preparedness Division, 
Office of Response, Coast Guard, telephone 202-267-6922, fax 202-267-
4065, or at e-mail address [email protected]. For questions on 
viewing material in the docket, call Dorothy Walker, Chief, Dockets, 
Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The owners and operators of tank vessels are required to submit 
vessel response plans to the Coast Guard for review and approval in 
accordance with the Oil Pollution Act of 1990 and 33 CFR part 155. An 
important aspect of the planning and approval process is the submission 
and review of the preparedness arrangements made by the owner/operator 
for each Captain of the Port (COTP) zone in which their tank vessel 
operates. These arrangements include provisions for a ``qualified 
individual'', a spill management team, and contracted response 
resources. Contracted response resources include arrangements for oil 
spill removal organizations (OSROs), salvage and firefighting 
companies, and emergency lightering companies.
    As part of our review process, we maintain an electronic database 
that tracks both the status of these plans as well as many other 
important elements, such as the contracted response resources listed in 
the plan for each COTP zone where a vessel operates. We believe that it 
is important for Federal, State, and local governments, non-
governmental organizations, response organizations, and other 
interested parties within the general public to have ready access to 
this pre-spill planning information. This information is critical for 
port state officials who are responsible for monitoring activities 
within their jurisdictions, as well as entities responsible for 
planning response activities in our coastal and riverine communities.
    The Coast Guard has been working to make this information available 
to the public. In 1997, we developed an Internet website for 
disseminating important vessel response plan program information 
(http://www.uscg.mil/vrp). A portion of the Internet website provides 
the general public with the status of each plan's approval with respect 
to each COTP zone. The information available to the general public on 
this website will be expanded to include other important data, such as 
identity of the contracted response resources listed for each COTP zone 
included in a plan.
    The information submitted in vessel response plans to the Coast 
Guard is covered by the Freedom of Information Act (FOIA), applicable 
regulations, and Executive Order 12,600. Exemption 4, which applies to 
information submitted to the Government by any private person, applies 
here. Exemption 4 shields from release confidential, commercial, or 
financial information if the release would cause substantial 
competitive harm to the submitter. Executive Order 12,600 also applies 
and requires that before any executive agency releases information to 
which Exemption 4 would apply, it must give submitters an opportunity 
to show that the material is confidential, commercial, or financial 
information and, if released, would cause substantial competitive harm 
to the themselves. In accordance with Executive Order 12,600, we 
published a ``Predisclosure Notice and Request for Comment'' in the 
Federal Register on May 4, 1999, announcing our intentions to release 
the information on the Internet, and provided the submitters of 
response plan information an opportunity to comment.

Discussion of Comments

    We received sixteen written letters in response to the 
``Predisclosure Notice and Request for Comment''. We received many 
comments which raised valid concerns regarding the sensitivity of 
certain information contained within the plans. We agree that some of 
this information contained within the plans may be inappropriate for 
release to the general public on the Internet. In response to these 
comments, we have identified areas of sensitive information in this 
notice and have restrained certain portions of the information from 
being released to the public. The following section summarizes the 
comments received and elaborates on our determinations regarding which 
information contained within the plans will be released and which 
information will be withheld.
    Four comments stated that the response plan information should not 
be released because it could be misused by terrorists or radical 
protest groups. Two comments specifically stated that the ships 
drawings and diagrams contained within the response plans should not be 
released because they may be used by terrorists or radical extremists. 
We are keenly aware of the need to protect people and property from the 
unwanted actions of terrorist or extremist groups. However, we disagree 
with the statement that the release of some vessel response plan 
information will facilitate such actions. The information to be 
released on the internet does not contain technical or operational 
details that would facilitate the planning of such terrorist-type 
activities. The Coast Guard does agree that ship's drawings and 
diagrams are sensitive in nature. Ships drawings or diagrams of any 
type will not be released on the Internet.
    Five comments stated that the response plan information should not 
be released because it will make approved plan formats available for 
other companies to copy free of charge. We disagree. Entire plans or 
plan format information will not be released, only data tables 
containing specific pieces of information contained within the plan 
will be released on the Internet.
    One comment stated that the response plan information should not be 
released because worst case discharge data can be equated to fuel 
capacities to their vessels. We disagree. The worst case discharge 
(WCD) data does not necessarily equate to the fuel capacity for a 
vessel. WCD amounts for

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secondary carriers equals 25% of fuel capacity plus cargo tank 
capacities. The WCD data released only provides a total amount, and 
does not provide a specific breakdown of cargo or fuel tank capacities 
that would be needed to determine fuel capacities based on WCD 
information.
    Ten comments stated that the release of phone or pager numbers for 
qualified individuals (QIs), owners, spill management teams (SMTs), or 
oil spill removal organizations (OSROs), is an invasion of privacy, and 
will clog communications during a response. We agree with these 
comments. Phone, pager, and fax numbers or email addresses listed in 
the vessel response plans will not be released to the public. For 
owners or listed points of contact (POC) for a plan, only the corporate 
address or address listed for the plan preparer will be released. The 
names of company employees will not be released, except for QIs, or 
when the plan POC or owner listed is a named individual rather than a 
corporate entity. For OSROs, only company names and prescribed coverage 
scenarios (AMPD, MMPD, or WCD) will be released. Since QI's must be 
named individuals in the plans as per the regulations, QI names will be 
released, but no personal communication information such as phone 
numbers, faxes, pagers, home addresses or emails will be released in 
connection with their designation as a QI.
    One comment stated that response plan information should not be 
released because the listing of designated OSROs within a plan will 
create controversy between multiple OSROs listed within a plan. We 
disagree. It is common industry practice for planholders to contract or 
list more than one OSRO within a plan since the resources of multiple 
OSROs are likely to mobilize during a response to a large spill. The 
nature of the contractual relationship between a planholder and its 
OSROs or the criteria used for selecting an OSRO from a multiple 
listing of OSROs will not be released on the Internet.
    Four comments stated that vessel names, vessel identification 
numbers (VINs), vessel dimensions, listed cargoes, and cargo capacities 
should not be released because the release of this information will 
affect their ability to compete with other companies. We agree that 
specific cargo information such as specific product names or amounts 
should not be released. Only the generic cargo types (groups I-V), 
which are based on a regulatory range of specific gravity's (important 
for the types of response arrangements that must be made), and the WCD 
amount for the vessel's entire cargo will be released. Cargo tank 
capacities or dimensions will not be released. Vessel dimensions (such 
as length and beam), vessel name, and vessel identification numbers are 
commonly available within the public domain through a variety sources, 
and will be released on the Internet.
    Two comments stated that the response plan information should not 
be released because the release of OSRO data will upset competition 
between OSROs and create price increases which will negatively impact 
the planholder. We disagree. Competition and the pricing for OSROs will 
be driven by market forces. Any price increases for the services of an 
OSRO that may occur as a result of new information becoming available 
to the public or planholders at large will not be limited to a single 
submitter, but is likely to apply equally to all potential planholders.
    Two comments stated that the response plan information should not 
be released because the terms of contractual information is 
proprietary. We agree that the terms of a contractual relationship 
between the OSRO and a planholder may be proprietary when the release 
of financial information is disclosed. For this reason, the provisions 
of the contracts will not be released. Only the name of a provider and 
the response coverage to be provided (AMPD, MMPD, WCD) will be 
released. No financial information will be released.
    One comment stated that response plan information should not be 
released because information pertaining to vessel operations and 
operating environments is proprietary and will affect their ability to 
compete with other companies. We disagree. Proprietary information 
pertaining to precise vessel routes, operational schedules, or transfer 
points within a specific port will not be released. The designation of 
generic operating environments (i.e., rivers, inland, or oceans 
environments), however, and the confirmation of lightering potential 
for each COTP zone approved in the plan, will be released. This 
information will help ensure that the types of OSROs and response 
coverage provided within a plan are appropriate for the vessel's stated 
operations.
    One comment stated that the response plan information should not be 
released because it may create additional workloads for companies who 
must answer inquiries from the general public regarding their response 
plan. We agree that the release of plan information may generate 
inquiries from the general public to planholders regarding their 
response plans. Public scrutiny of plans will help inform the public 
and help ensure quality assurance within the plan. While companies may 
receive public inquiries, there is no obligation or requirement being 
imposed on the planholder to respond, and all submitters are equally 
subject to receiving such inquiries. Such inquiries will not cause 
substantial competitive harm to the submitter of a plan.
    Two comments stated that the response plan information should not 
be released because the information released on the Internet may be out 
of date. We disagree. The information to be released on the Internet 
will have real time access to the Coast Guard's response plan tracking 
database, which is updated daily as plan revisions are received and 
processed. The data will reflect the current version of the plans as 
they are approved by the Coast Guard at all times.

Discussion of Decision

    The information submitted in vessel response plans to the Coast 
Guard is covered by the Freedom of Information Act (FOIA), applicable 
regulations, and Executive Order 12,600. Under FOIA, information must 
be disclosed unless it falls within one of the statute's listed 
exemptions. Exemption 4 shields from release confidential, commercial, 
or financial information if the release would cause substantial 
competitive harm to the submitter. Under Executive Order 12,600 and 49 
CFR 7.17, we must have a detailed justification that shows the likely 
cause of substantial harm to a submitter's present or future 
competitive position, in order to withhold such information.
    We have reviewed the comments submitted to the docket and, except 
as discussed in this notice, have determined that none of the 
objections raised have sufficiently shown that the release of this 
information would cause the submitters to suffer substantial 
competitive harm. We have determined that there is no substantial 
prohibition to the release of the VRP data, as described in this 
notice, on the Internet. We have taken a hard look at the objections 
raised, and addressed each concern, to ensure that sensitive response 
plan information will not be released.
    The following general categories of response plan information will 
be available to the general public via the Internet: (1) Owner name; 
(2) operator name; (3) point of contact information for owner/operator 
(addresses only); (4) point of contact information for plan preparer 
(address only); (5) date of last plan update; (6) plan approval status; 
(7)

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plan approval date; (8) plan expiration date; (9) plan identification 
number; (10) vessel name; (11) vessel identification number; (12) 
vessel flag; (13) vessel type; (14) hull configuration; (15) vessel 
length; (16) cargo types (generic cargo groups based on specific 
gravity only, i.e. Groups I-V); (17) primary or secondary carrier 
designation; (18) worst case discharge amount; (19) qualified 
individuals (name and company only); (20) oil spill removal 
organizations (company name and level of response only); (21) other 
contracted resources; (22) alternate compliance agreements; (23) 
navigational restrictions; and (24) operating environments (generic 
operating areas only, i.e. offshore, nearshore, inland, rivers & 
canals, Great Lakes).
    All submitters who responded with comments to the ``Predisclosure 
Notice and Request for Comment'' have been notified by written letter 
of our decision to release their information on the Internet. Executive 
Order 12,600 provides that before a release of any information to which 
Exemption 4 might apply, if the submitters' assertions of 
confidentiality or harm are not accepted, the release must be delayed 
long enough to allow submitters a reasonable opportunity to obtain a 
court order preventing the release. The VRP information, as described 
in this notice, is scheduled for release on or about February 1, 2000.

    Dated: December 27, 1999.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-33 Filed 1-3-00; 8:45 am]
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