[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Proposed Rules]
[Pages 65808-65814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27943]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 151, 153 and 46 CFR Part 4

[USCG-2000-6927]
RIN 2115-AD98


Reporting Marine Casualties

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the marine casualty 
reporting requirements by adding ``significant harm to the 
environment'' as a reportable marine casualty. This rulemaking will 
help the Coast Guard track and investigate marine casualties that may 
result in significant harm to the environment. In addition, it will 
lessen the effects of marine casualties by requiring timely 
notification needed to ensure a timely and appropriate pollution 
response clean-up.

DATES: Comments and related material must reach the Docket Management 
Facility on or before January 31, 2001. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before January 2, 2001.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility, USCG-2000-6927, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC 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 proposed rule, 
call Ensign Edward Jackson, Project Manager, Office of Standards 
Evaluation and Development (G-MSR), Coast Guard, telephone 202-267-
6884. For questions on viewing or submitting material to the docket, 
call Dorothy Beard, Chief, Dockets, Department of Transportation, 
telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:   

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [USCG-2000-
6927], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know they reached 
the Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    At Coast Guard Headquarters in Washington, DC, we held a public 
meeting on this project on January 20, 1995 (59 FR 65522; December 20, 
1994), regarding amendments contained in the Oil Pollution Act of 1990 
(OPA 90) (Pub. L. 101-380) that require certain U.S. and foreign-flag 
vessels to report marine casualties. We do not plan to hold any 
additional public meetings.

Background and Purpose

    Section 4106 of OPA 90 amended 46 U.S.C. 6101 by adding 
``significant harm to the environment'' to the list of reportable 
marine casualties. Additionally, that section required operators of 
foreign-flag tank vessels, operating in waters subject to the 
jurisdiction of the United States--including the Exclusive Economic 
Zone (EEZ)--to report marine casualties resulting in either:
    (a) Material damage affecting the seaworthiness or efficiency of a 
vessel; or
    (b) Significant harm to the environment.
    For marine casualties involving foreign-flag tank vessels in the 
U.S. EEZ, Congress required that reporting be consistent with generally 
recognized principles of international law. The 1982 United Nations 
Convention on the Law of the Sea (UNCLOS), Article 211(5), governs the 
establishment of laws and regulations by a coastal state to prevent, 
reduce, and control pollution from vessels in its EEZ. This article 
specifies that these laws and regulations are authorized if they enact 
international maritime or general diplomatic rules and standards.
    The accepted international standard for reporting vessel pollution 
incidents is in the International Convention for the Prevention of 
Pollution from Ships, 1973, as modified by the Protocol of 1978 (MARPOL 
73/78).
    The Act to Prevent Pollution from Ships (APPS) (33 U.S.C. 1901-
1915) enacts MARPOL 73/78 Annexes I, II, III, and V. Regulation 8 and 
Protocol I of MARPOL 73/78 provide the reporting provisions concerning 
reports on incidents involving harmful substances. Article 2 of MARPOL 
73/78 defines an ``incident'' as the actual or probable discharge of a 
harmful substance or effluents into the sea. Regulations implementing 
the reporting provisions of APPS are in 33 CFR 151.15 and 151.45. 
However, these regulations (33 CFR 151.15 and 151.45) do not reflect 
current U.S. law in two respects.
    First, APPS has subsequently been amended (Pub. L. 102-241). 
Instead of having just the master or other person-in-charge of the ship 
responsible for the report, the amendment makes the master, person-in-
charge, owner, charterer, manager, or operator of a ship involved in an 
incident responsible for the report. Second, the Hazardous Materials 
Transportation Act of 1974 ratified Annex III of MARPOL 73/78

[[Page 65809]]

(packaged marine pollutants) for the United States. We will revise the 
current reporting requirements in 33 CFR 151.15 and 151.45 to reflect 
the amendment to APPS and to include items listed in Annex III.
    Pursuant to 33 U.S.C. 1902, U.S. vessels must comply with the 
reporting requirements in Article 8 and Protocol I of MARPOL 73/78 
worldwide, and if an incident occurs in U.S. navigable waters, any 
foreign-flag vessel must comply with the same reporting requirements. 
Additionally, with respect to Annex V, foreign-flag vessels must comply 
with these reporting requirements while in the navigable waters or EEZ 
of the U.S.
    Under APPS, and its implementing regulatory requirements found in 
33 CFR part 151, the term ``navigable waters'' means all waters of the 
territorial sea of the United States that are within 3 nautical miles 
from the baselines from which the territorial sea of the U.S. is 
measured. The Coast Guard Authorization Act of 1998 extended the U.S. 
territorial sea to 12 nautical miles for certain laws, including 33 
U.S.C. 1222 and a number of sections in Title 46 U.S. Code, including 
the section that defines ``navigable waters'' (46 U.S.C. 2101). Because 
that definition applies throughout subtitle II of 46 U.S. Code, 
Congress effectively amended the jurisdictional reach from 3 to 12 
nautical miles for any statute within subtitle II that refers to 
``navigable waters.'' APPS was not amended by the 1998 Coast Guard 
Authorization Act that extended the territorial sea per Presidential 
Proclamation 5928 of December 27, 1988.
    In passing the 1998 Coast Guard Authorization Act that amended the 
definition of ``navigable waters'', Congress clearly intended to expand 
the marine casualty reporting requirements found in 46 U.S.C. 6101 and 
its implementing regulations contained in 46 CFR part 4, out to 12 
nautical miles with respect to foreign-flag vessels. Therefore, for the 
reasons that are more fully explained in the ``Discussion of Proposed 
Rules'' section of this notice of proposed rulemaking (NPRM), while the 
Coast Guard has chosen to adopt the MARPOL 73/78 and APPS standard for 
pollution reporting for its marine casualty regulations, in order to 
remain consistent with Congress's intent that foreign-flag vessels 
report marine casualties occurring within U.S. ``navigable waters'' as 
that term is defined in 46 U.S.C. 2101 (17a), we will rely on 46 U.S.C. 
6101 as the basis of our authority for this proposed rule.

Discussion of Proposed Rules

Marine Casualty Reporting Requirements

    Current marine casualty reporting requirements for U.S.-flag 
vessels worldwide and foreign-flag vessels in U.S. navigable waters are 
contained in 46 CFR part 4. These proposed amendments would add 
``significant harm to the environment'' as a reportable marine casualty 
under 46 CFR 4.05-1 for these vessels.
    This proposal would also require foreign-flag tank vessels in the 
U.S. EEZ to report marine casualties that occur within the U.S. EEZ, 
which involves either--
    (1) Material damage affecting the seaworthiness or efficiency of a 
vessel; or
    (2) Significant harm to the environment.
    For the purpose of this rulemaking, ``significant harm to the 
environment'' is defined as a discharge that, in U.S. navigable waters, 
is in violation of the Clean Water Act, 33 U.S.C. 1321. In addition, 
the definition includes a probable discharge of oil, hazardous 
substances, marine pollutants, or noxious liquid substances (NLS) as 
well as an actual discharge.
    Under the Clean Water Act, 33 U.S.C. 1321(c)(1), as amended by OPA 
90, the Coast Guard is authorized by E.O. 12777 and 49 CFR 1.46 to 
ensure the effective and immediate removal of a discharge, and 
mitigation or prevention of a substantial threat of a discharge, of 
oil, hazardous substances, marine pollutants, or NLS into or on the 
navigable waters of the U.S., or into or on the waters of the U.S. EEZ. 
Pursuant to this Federal removal authority, it is reasonable to infer 
congressional intent that the Coast Guard be notified any time that 
there is a discharge or a substantial threat of a discharge into or on 
the navigable waters of the U.S. or EEZ in order to ensure the 
effective and immediate removal and mitigation or prevention of a 
discharge or substantial threat of a discharge.
    In accordance with this congressional intent and Sec. 4106 of OPA 
90, the Coast Guard is amending the marine casualty reporting 
requirements to require U.S. vessels anywhere, foreign vessels in the 
U.S. navigable waters and foreign tank vessels in the U.S. EEZ to 
report a discharge or a substantial threat of discharge involving oil, 
hazardous substances, marine pollutants, or NLS to the Coast Guard. For 
the purposes of this rulemaking, we equate the term ``substantial 
threat of a discharge'' to the term ``probable discharge'' as used in 
the MARPOL 73/78 Convention.
    We propose to adopt the MARPOL 73/78 standard for reporting 
discharges and probable discharges for three reasons.
    First, we have adopted the MARPOL 73/78 requirements on pollution 
reporting because it represents the accepted international standard for 
pollution prevention and mitigation and because it is consistent with 
the Federal pollution reporting regulations that implement APPS (33 CFR 
part 151).
    Second, the vast majority of the world's tonnage sails under the 
flags of countries that are signatory to MARPOL 73/78. Therefore, most 
foreign-flag tank vessels are already required to comply with those 
reporting requirements.
    Third, 33 U.S.C. 1902(c) and Article 5 of MARPOL 73/78 permit the 
United States, insofar as the United States is a party to the 
convention, to apply MARPOL 73/78 requirements to foreign vessels whose 
flag administrations are not party to MARPOL 73/78 in order to ensure 
that no more favorable treatment is given to these vessels than to 
vessels flying the flag of parties.
    Application of the MARPOL 73/78 reporting standards to foreign-flag 
tank vessels in the U.S. EEZ would not alter the reporting requirements 
applicable to these vessels in U.S. navigable waters under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA) as amended by the Superfund Amendments and 
Reauthorization Act of 1986 and the Federal Water Pollution Control Act 
(FWPCA).
    MARPOL 73/78 reporting requirements, distinguished from marine 
casualty reporting requirements, are codified in 33 CFR 151.15 and 
151.45. We propose to revise 33 CFR 151.15 and 46 CFR part 4 to 
indicate that the notification requirements in 33 CFR 151.15 will 
satisfy the reporting requirements of 46 CFR part 4. However, the 
reporting requirements of 46 CFR part 4 will not satisfy the 
notification requirements of 33 CFR 151.15. This is because the 
criteria and timing for the reports in these latter sections is more 
stringent than the reporting requirements in 46 CFR part 4.

Marine Casualty Investigations

    Before OPA 90, a discharge or probable discharge of oil, hazardous 
substances, marine pollutants, or NLS could not be investigated under 
the marine casualty investigation authority in 46 U.S.C. 63 and 46 CFR 
part 4 unless the discharge resulted from a reportable marine casualty, 
such as a grounding or collision. Because OPA 90 amended 46 U.S.C. 6101 
by adding ``significant harm to the environment'' to the list of 
reportable marine casualties, we will

[[Page 65810]]

now be able to investigate probable, as well as actual, discharges that 
occur in the navigable waters of the U.S. and that may result in 
significant harm to the environment using marine casualty investigation 
procedures.
    Coast Guard investigation of marine casualties reported by foreign-
flag tank vessels in the U.S. EEZ under these proposed regulations 
would be done under generally recognized principles of international 
law. These incidents would be coordinated with the flag-state 
administration under the IMO Resolution A.637(16), ``Cooperation in 
Maritime Casualty Investigations.'' Additionally, incidents we do not 
investigate would be forwarded to the flag-state administration and any 
other state that may be affected pursuant to Article 8 of MARPOL 73/78.
    Under Article 6 of MARPOL 73/78, we may inspect the vessel to 
determine whether the vessel violated the provisions of MARPOL 73/78 
if--
    (a) The vessel is in any port or offshore terminal of the United 
States; or
    (b) An investigation is requested by any party to MARPOL 73/78 and 
the vessel is in a port or offshore terminal of the United States.

Definitions

    MARPOL 73/78 definitions for the terms ``oil'' and ``noxious liquid 
substances'' are currently in 33 CFR 151.05. The proposed regulations 
would add a definition for the term ``marine pollutants,'' as 
identified in Protocol I of MARPOL 73/78, to mean those marine 
pollutants listed in the International Maritime Dangerous Goods Code 
(IMDG Code). The marine pollutants identified in the IMDG Code are 
located in Appendix B of 49 CFR 172.101. We would reference this 
section in the proposed definition. The proposed rule would add 
additional definitions in 46 CFR 4.03-1. Proposed new definitions in 46 
CFR 4.03-1 include ``noxious liquid substances,'' ``significant harm to 
the environment,'' and ``tank vessel.''

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
Sec. 3(f) of Executive Order 12866 and does not require an assessment 
of potential costs and benefits under Sec. 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The following 
is a discussion of the expected costs and benefits of the proposed 
rule.

Industry Costs

    We estimate that the proposed rule imposes an additional 1,570 
hours per year of annual paperwork requirements on industry. These 
paperwork requirements are further discussed under the collection-of-
information section. Assuming one hour of staff time has a value of 
$45, an additional 1,570 hours equates to an aggregate industry cost of 
$70,650 per year. Additionally, this rule proposes an estimated 186 
hours of annual paperwork requirements on foreign industry. The total 
cost to industry, domestic and foreign, is estimated to be $79,020 
annually for a total of 1,756 hours per year.

Benefits

    The measures in this proposed rule are mandated by OPA 90. The 
primary benefit of this proposed rule is the establishment of 
standardized reporting requirements that address the Coast Guard's need 
to track and investigate events that cause ``significant harm to the 
environment.''

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The estimated annual impact to U.S. industry of this proposed rule 
is $70,650. The measures included in this proposed rule are mandated by 
the OPA 90. Small entities involved in ``significant harm to the 
environment'' incidents will be required to prepare a form which will 
take approximately one hour of staff time to complete. One hour of 
staff time is valued at $45. Therefore, the cost per incident of this 
proposed rule is $45. If a small entity is not involved in a 
``significant harm to the environment'' incident, this proposed rule 
will have zero cost.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Ensign Edward Jackson, Project 
Manager, Office of Standards Evaluation and Development (G-MSR), 
telephone 202-267-6884.

Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions.
    The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection. The Coast Guard is currently requesting a revision of a 
current collection of information under:
    DOT No.: 2115.
    OMB No.: 2115-0003.
    Title: Collection of Marine Casualty Information, Chemical Drug and 
Alcohol Testing Information, and Management Information System Reports.
    Summary of the Collection of Information: The Marine Casualty 
Information portion of this Collection of Information would require 
foreign-flag tank vessels operating in the U.S. EEZ to report a marine 
casualty involving either ``significant harm to the environment'' or 
material damage affecting the seaworthiness or efficiency of a vessel.
    This collection would also require U.S.-flag vessels operating 
anywhere to report a marine casualty involving

[[Page 65811]]

``significant harm to the environment''. This program change revises 
the previously approved OMB Collection 2115-0003 for the Marine 
Casualty Information, Chemical Drug and Alcohol Testing Information, 
and Management Information System Reports by increasing the total 
number of annual reporting and recordkeeping hour burden from 31,326 to 
33,082.
    This program change represents an increase in the burden hours by 
1,756 for the collection of Marine Casualty Information. This 
collection of information would be affected by the proposed changes in 
33 CFR parts 151 and 153, and 46 CFR part 4.
    Need for Information: To help the Coast Guard track and investigate 
marine casualties that may result in significant harm to the 
environment, and lessen the effects by requiring timely notification 
needed to ensure a timely and appropriate pollution response clean-up.
    Proposed Use of Information: Assist the Coast Guard's efforts to 
track and help determine the level of investigation needed for 
reportable marine casualties that may result in significant harm to the 
environment. The Coast Guard has submitted the requirements to the OMB 
for review under Sec. 3504(h) of the Paperwork Reduction Act. Persons 
submitting comments on the requirements should submit their comments 
both to OMB and to the Coast Guard where indicated under ADDRESSES by 
the date under DATES.
    Description of the Respondents: All U.S.-flag vessel operators 
anywhere, or foreign-flag vessels in the navigable waters of the U.S, 
involved in a marine casualty involving an actual or probable discharge 
of oil, hazardous substances, marine pollutants, or NLS, as well as 
foreign-flag tank vessels operating within the EEZ that are involved in 
a marine casualty resulting in either material damage affecting the 
seaworthiness or efficiency of the vessel or ``significant harm to the 
environment'' within the EEZ.
    Number of Respondents: The total number of casualty events used to 
determine the change in annual paperwork requirements for this 
rulemaking for both U.S.-flag vessels and foreign-flag tank vessels is 
1,756. This number represents the 5-year average of U.S. flag-vessels 
pollution events (1,570) during the years 1993 through 1997 plus the 5-
year average of marine casualty events for foreign-flag tank vessels 
operating in U.S. navigable waters, including the EEZ, of 186 events. 
The information was retrieved from the U.S. Coast Guard Marine Safety 
Management System Data Base.
    Frequency of Response: Only to report ``significant harm to the 
environment'' incidents involving U.S.-flag vessels or marine casualty 
incidents involving foreign-flag tank vessels involved in a marine 
casualty resulting in material damage affecting the seaworthiness of 
the vessel or significant harm to the environment in waters subject to 
the jurisdiction of the U.S. including the EEZ.
    Burden of Response: Approximately one hour per form.
    Estimated Total Annual Burden: An annual recordkeeping burden of 
33,082 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted a copy of this proposed rule to the Office 
of Management and Budget (OMB) for its review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    We have analyzed this rule in accordance with the principles and 
criteria contained in Executive Order 13132. Under Sec. 3(b) of that 
order Federal agencies may take national action limiting the 
policymaking discretion of the States where there is constitutional and 
statutory authority for the action, and where the national activity is 
appropriate in light of the presence of a problem of national 
significance. Section 3(b) also requires Federal agencies to consult 
with appropriate State and local officials if there exist significant 
uncertainties as to whether national action is authorized or 
appropriate.
    On March 6, 2000, the Supreme Court of the United States, in the 
case of United States v. Locke, 120 S. Ct. 1135, 2000 LEXIS 1895, held 
that the States are precluded from regulating any of the categories 
covered by 46 U.S.C. 3703(a). That section of the U.S. Code (U.S.C.) 
covers the design, construction, alteration, repair, maintenance, 
operation, equipping, personnel qualification, and manning of tank 
vessels. The Court specifically held that Congress, in enacting 46 
U.S.C. 6101 and 3717(a)(4), intended the Coast Guard's regulations on 
the reporting of marine casualties to be the sole source of a vessel's 
reporting obligations.
    This rule finalizes requirements for reporting marine casualties by 
U.S. vessels anywhere in the world, all other vessels in U.S. navigable 
waters and foreign tank vessels in the EEZ of the United States that 
involve either material damage affecting the seaworthiness of a vessel 
or significant harm to the environment. Under Executive Order 13132, 
Sec. 3(b) the Coast Guard finds that there exists a problem of national 
significance, namely the need for uniform national and international 
standards for reporting marine casualties including those involving 
significant harm to the environment. This finding is supported by 46 
U.S.C. 6101 in which Congress directed the Coast Guard to add to the 
list of reportable marine casualties those involving significant harm 
to the environment. The Coast Guard further finds that under the 
Supreme Court's decision in United States v. Locke, 120 S. Ct. 1135, 
2000 LEXIS 1895, and under Title 46 United States Code, Sections 
3703(a), 6101, and 3717 that the agency has the constitutional and 
statutory authority to take this action to address this existing 
national problem. The Coast Guard also finds that in light of Congress' 
specific action in passing 46 U.S.C. 3703(a), 6101 and 3717 and the 
Supreme Court's decision in United States v. Locke, 120 S. Ct. 1135, 
2000 LEXIS 1895, that there exists no uncertainty as to whether 
national action is authorized or appropriate. Therefore, consultation 
with State and local officials under Executive Order 13132, section 
3(b) is unnecessary and not required by that order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the

[[Page 65812]]

private sector of $100,000,000 or more in any one year. Though this 
proposed rule would not result in such an expenditure, we do discuss 
the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in Secs. 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(a), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. The proposed rule is a 
procedural regulation that does not have any environmental impact 
because the action does not have a significant effect on the quality of 
the human environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 151

    Administrative practice and procedure, Oil pollution, Penalties, 
Reporting and recordkeeping requirements, Water pollution control.

33 CFR Part 153

    Hazardous substances, Oil pollution, Reporting and recordkeeping 
requirements, Water pollution control.

46 CFR Part 4

    Administrative practice and procedure, Drug testing, 
Investigations, Marine safety, National Transportation Safety Board, 
Nuclear vessels, Radiation protection, Reporting and recordkeeping 
requirements, Safety, Transportation.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 151 and 153, and 46 CFR part 4 as follows:

Title 33--Navigation and Navigable Waters

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

    1. Revise the authority citation for subpart A of part 151 to read 
as follows:

    Authority: 33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; E.O. 
12777, 3 CFR, 1991 Comp. p. 351; 49 CFR 1.46.

    2. In Sec. 151.05, add the definition of ``marine pollutant'', in 
alphabetical order, to read as follows:


Sec. 151.05  Definitions.

* * * * *
    Marine pollutant means a harmful substance in packaged form, as it 
appears in Appendix B of 49 CFR 172.101.
* * * * *
    3. Revise Sec. 151.15 to read as follows:


Sec. 151.15  Reporting requirements.

    (a) The master, person in charge, owner, charterer, manager, or 
operator of a vessel involved in any incident described in paragraph 
(c) of this section must report the particulars of the incident without 
delay to the fullest extent possible under the provisions of this 
section.
    (b) If a vessel involved in an incident is abandoned, or if a 
report from that vessel is incomplete or unattainable, the owner, 
charterer, manager, operator, or their agent must assume the 
obligations placed upon the master or other person having charge of the 
vessel under provisions of this section.
    (c) The report must be made whenever an incident involves--
    (1) A discharge of oil, hazardous substances, marine pollutants, or 
noxious liquid substances (NLS) resulting from damage to the vessel or 
its equipment, or for the purpose of securing the safety of a vessel or 
saving a life at sea;
    (2) A discharge of oil in excess of the quantities or instantaneous 
rate permitted in Secs. 151.10 or 151.13 of this chapter, or NLS in 
bulk in 46 CFR 153.1126 or 153.1128, during the operation of the 
vessel;
    (3) A discharge of marine pollutants in packaged form; or
    (4) A probable discharge resulting from damage to the vessel or its 
equipment. The factors you must consider to determine whether a 
discharge is probable include, but are not limited to--
    (i) Ship location and proximity to land or other navigational 
hazards;
    (ii) Weather;
    (iii) Tide current;
    (iv) Sea state;
    (v) Traffic density;
    (vi) The nature of damage to the vessel; and
    (vii) Failure or breakdown aboard the vessel of its machinery or 
equipment. Such damage may be caused by collision, grounding, fire, 
explosion, structural failure, flooding or cargo shifting or a failure 
or breakdown of steering gear, propulsion, electrical generating system 
or essential shipboard navigational aids.
    (d) Each report must be made by radio whenever possible, or by the 
fastest telecommunications channels available with the highest possible 
priority at the time the report is made to--
    (1) The appropriate officer or agency of the government of the 
country in whose waters the incident occurs; and
    (2) The nearest Captain of the Port (COTP) or the National Response 
Center (NRC), toll free number 800-424-8802 (in Washington, DC, 
metropolitan area, 202-267-2675), fax number 202-479-7165, telex number 
892427 for incidents involving U.S. vessels in any body of water; or 
incidents involving foreign flag vessels in the navigable waters of the 
United States; or incidents involving foreign-flag tank vessels within 
waters subject to the jurisdiction of the United States, including the 
Exclusive Economic Zone (EEZ).
    (e) Each report must contain--
    (1) The identity of the ship;
    (2) The type of harmful substance involved;
    (3) The time and date of the incident;
    (4) The geographic position of the vessel when the incident 
occurred;
    (5) The wind and the sea condition prevailing at the time of the 
incident;
    (6) Relevant details respecting the condition of the vessel;
    (7) A statement or estimate of the quantity of the harmful 
substance discharged or likely to be discharged into the sea; and
    (8) Assistance and salvage measures.
    (f) A person who is obligated under the provisions of this section 
to send a report must--
    (1) Supplement the initial report, as necessary, with information 
concerning further developments; and
    (2) Comply as fully as possible with requests from affected 
countries for additional information concerning the incident.
    (g) A report made under this section satisfies the reporting 
requirements of

[[Page 65813]]

Sec. 153.203 of this chapter and of 46 CFR 4.05-1 and 4.05-2, if 
required under those provisions.


Sec. 151.45  [Removed]

    4. Remove Sec. 151.45.

PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, 
DISCHARGE REMOVAL

    5. Revise the authority citation for part 153 to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C. 
9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O. 
12777, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.45 and 1.46.


Sec. 153.203  [Amended]

    6. In Sec. 153.203, after the words ``notifies the NRC as soon as 
possible.'' add the words ``A report made under this section satisfies 
the reporting requirements of Sec. 151.15 of this chapter and of 46 CFR 
4.05-1, if required under that provision.''

Title 46--Shipping

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

    7. Revise the authority citation for part 4 to read as follows:

    Authority: 33 U.S.C. 1231, 1321; 43 U.S.C. 1333; 46 U.S.C. 2103, 
2306, 6101, 6301, 6305; 50 U.S.C. 198; 49 CFR 1.46. Authority for 
subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR 1.46.
    8. Revise Sec. 4.03-1 to read as follows:


Sec. 4.03-1  Marine casualty or accident.

    Marine casualty or accident means--
    (a) Any casualty or accident involving any vessel other than a 
public vessel that--
    (1) Occurs upon the navigable waters of the United States, its 
territories or possessions;
    (2) Involves any United States vessel wherever such casualty or 
accident occurs; or
    (3) Involves significant harm to the environment or material damage 
affecting the seaworthiness or efficiency of a vessel from a foreign 
tank vessel operating in the waters subject to the jurisdiction of the 
United States including the Exclusive Economic Zone (EEZ).
    (b) The term ``marine casualty or accident'' applies to events 
caused by or involving a vessel and includes, but is not limited to, 
the following:
    (1) Any fall overboard, injury, or loss of life of any person.
    (2) Any occurrence involving a vessel that results in--
    (i) Grounding;
    (ii) Stranding;
    (iii) Foundering;
    (iv) Flooding;
    (v) Collision;
    (vi) Allision;
    (vii) Explosion;
    (viii) Fire;
    (ix) Reduction or loss of a vessel's electrical power, propulsion, 
or steering capabilities;
    (x) Failures or occurrences, regardless of cause, which impair any 
aspect of a vessel's operation, components, or cargo;
    (xi) Any other circumstance that might affect or impair a vessel's 
seaworthiness, efficiency, or fitness for service or route; or
    (xii) Any incident involving significant harm to the environment.
    (3) Any occurrences of injury or loss of life to any person while 
diving from a vessel and using underwater breathing apparatus.
    (4) Any incident described in Sec. 4.05-1(a).
    9. Add Sec. 4.03-60 to read as follows:


Sec. 4.03-60  Noxious liquid substance (NLS).

    Noxious liquid substance (NLS) means--
    (a) Each substance listed in 33 CFR 151.47 or 151.49;
    (b) Each substance having an ``A,'' ``B,'' ``C,'' or ``D'' beside 
its name in the column headed ``IMO Annex II pollution category'' in 
table 1 of part 153 of this chapter; and
    (c) Each substance that is identified as an NLS in a written 
permission issued under Sec. 153.900(d) of this chapter.
    10. Add Sec. 4.03-65 to read as follows:


Sec. 4.03-65  Significant harm to the environment.

    Significant harm to the environment means--
    (a) In the navigable waters of the United States, a discharge of 
oil as set forth in 40 CFR 110.3 or a discharge of hazardous substances 
in quantities equal to or exceeding, in any 24-hour period, the 
reportable quantity determined in 40 CFR part 117;
    (b) In other waters subject to the jurisdiction of the United 
States, including the EEZ--
    (1) A discharge of oil in excess of the quantities or instantaneous 
rate permitted in 33 CFR 151.10 or 151.13 during operation of the ship; 
or
    (2) A discharge of noxious liquid substances in bulk in violation 
of Secs. 153.1126 or 153.1128 of this chapter during the operation of 
the ship; and
    (c) In waters subject to the jurisdiction of the U.S., including 
the EEZ, a probable discharge of oil, hazardous substances, marine 
pollutants, or noxious liquid substances. The factors you must consider 
to determine whether a discharge is probable include, but are not 
limited to--
    (1) Ship location and proximity to land or other navigational 
hazards;
    (2) Weather;
    (3) Tide current;
    (4) Sea state;
    (5) Traffic density;
    (6) The nature of damage to the vessel; and
    (7) Failure or breakdown aboard the vessel, its machinery, or 
equipment.
    11. Add Sec. 4.03-70 to read as follows:


Sec. 4.03-70  Tank vessel.

    Tank vessel means a vessel that is constructed or adapted to carry, 
or that carries, oil, hazardous substances, marine pollutants, or 
noxious liquid substances, in bulk as cargo or cargo residue.


Sec. 4.05-1  [Amended]

    12. In Sec. 4.05-1, in paragraph (a)(2), remove the number ``(7)'' 
and add, in its place, the number ``(8)''; and add paragraphs (a)(8) 
and (c) to read as follows:


Sec. 4.05-1  Notice of marine casualty.

    (a) * * *
* * * * *
    (8) An occurrence involving significant harm to the environment 
from a discharge, or probable discharge, caused by damage to the vessel 
or its equipment.
    (b) * * *
    (c) Except as otherwise required under this subpart, a report made 
per 33 CFR 153.203, 40 CFR 117.21, or 40 CFR 302.6 satisfies the 
immediate notification requirement of this section only if the marine 
casualty results in significant harm to the environment as defined by 
46 CFR 4.03-65.
    13. Add Sec. 4.05-2 to read as follows:


Sec. 4.05-2  Incidents involving foreign tank vessels.

    (a) Within the navigable waters of the United States, its 
territories, or possessions. The marine casualty reporting and 
investigation criteria of this part apply to foreign tank vessels 
operating on the navigable waters of the United States, its 
territories, or possessions. A written marine casualty report must be 
submitted under Sec. 4.05-10 of this chapter.
    (b) Outside the U.S. navigable waters and within the Exclusive 
Economic Zone (EEZ). The owner, agent, master, operator, or person in 
charge of a foreign tank vessel involved in a marine casualty must 
report under 33 CFR 151.15, immediately after addressing

[[Page 65814]]

resultant safety concerns, whenever the marine casualty involves, or 
results in--
    (1) Material damage affecting the seaworthiness or efficiency of 
the vessel; or
    (2) An occurrence involving significant harm to the environment as 
a result of a discharge, or probable discharge, resulting from damage 
to the vessel or its equipment. The factors you must consider to 
determine whether a discharge is probable include, but are not limited 
to--
    (i) Ship location and proximity to land or other navigational 
hazards;
    (ii) Weather;
    (iii) Tide current;
    (iv) Sea state;
    (v) Traffic density;
    (vi) The nature of damage to the vessel; and
    (vii) Failure or breakdown aboard the vessel, its machinery, or 
equipment.

    Dated: October 24, 2000.
Joseph J. Angelo,
Acting Assistant Commandant for Marine Safety and Environmental 
Protection.
[FR Doc. 00-27943 Filed 11-1-00; 8:45 am]
BILLING CODE 4910-15-U