[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Proposed Rules]
[Pages 31868-31878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11376]



[[Page 31867]]

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Part II





Department of Transportation





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Coast Guard



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33 CFR Part 155



Salvage and Marine Firefighting Requirements; Vessel Response Plans for 
Oil; Proposed Rule

  Federal Register / Vol. 67, No. 91 / Friday, May 10, 2002 / Proposed 
Rules  

[[Page 31868]]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

[USCG-1998-3417]
RIN 2115-AF60


Salvage and Marine Firefighting Requirements; Vessel Response 
Plans for Oil

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the vessel response plan 
salvage and marine firefighting requirements for tank vessels carrying 
oil. These revisions will clarify the salvage and marine firefighting 
services that must be identified in vessel response plans. The proposed 
changes will assure the appropriate salvage and marine firefighting 
resources are identified and available for responding to incidents up 
to and including the worst-case scenario. The proposed rulemaking will 
also set new response time requirements for each of the required 
salvage and marine firefighting services.

DATES: Comments and related material must reach the Docket Management 
Facility on or before August 8, 2002. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before July 9, 2002.

ADDRESSES: To make sure that 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-1998-3417), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand 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 indicated 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 at the 
same address 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.
    You may inspect the material proposed for incorporation by 
reference at room 2100, U.S. Coast Guard Headquarters, 2100 Second 
Street SW., Washington, DC 20593-0001 between 9 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is 202-
267-0448. Copies of the material are available as indicated in the 
``Incorporation by Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule, 
before July 15, 2002, call Lieutenant Douglas Lincoln, Office of 
Response, Response Operations Division, Coast Guard Headquarters, 
telephone 202-267-0448, or via e-mail at [email protected], and 
after July 15, 2002, call Lieutenant Reed Kohberger telephone 202-267-
0448 or via e-mail at [email protected]. For questions on 
viewing, or submitting material to the docket, call Dorothy Beard, 
Chief, Dockets, Department of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages 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-1998-3417), 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 
materials received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    The Coast Guard plans to hold several public meetings. A notice 
with the specific dates and locations of the meetings will be published 
in the Federal Register at least 30 days prior to the meetings. In 
addition, known interested parties will be contacted via mail, e-mail, 
and telephone. If you wish to be contacted regarding the public 
meetings, contact Lieutenant Douglas Lincoln, listed under FOR FURTHER 
INFORMATION CONTACT.

Background and Purpose

    Requirements for salvage and marine firefighting resources in 
vessel response plans have been in place since February 5, 1993 (58 FR 
7376). The existing requirements are general. The Coast Guard did not 
originally develop specific requirements because salvage and marine 
firefighting response resource requirements were viewed as unique to 
each vessel. The Coast Guard's intent was to rely on the planholders to 
prudently identify contractor resources to meet their needs. The Coast 
Guard anticipated that the significant benefits of a quick and 
effective salvage and marine firefighting response would be sufficient 
incentive for industry to develop salvage and marine firefighting 
capabilities similar to the development of oil spill removal 
organizations. The existing requirements in 33 CFR 155.1050(k)(3) are 
general. They require that the planholder identify resources capable of 
being deployed to the port nearest to the area in which the vessel 
operates within 24 hours of notification.
    Early in 1997, it became apparent that the anticipated salvage and 
marine firefighting capability development was not occurring. Instead, 
there was disagreement among planholders, salvage and marine 
firefighting contractors, maritime associations, public agencies, and 
other stakeholders as to what constituted adequate salvage and marine 
firefighting resources. There was also concern over whether these 
resources could respond to the port nearest to the vessel's operating 
area within 24 hours, even though industry had been given several years 
to develop these resources.
    On June 24, 1997, a notice of meeting was published in the Federal 
Register (62 FR 34105) announcing a workshop to solicit comments from 
the public on potential changes to the salvage and marine firefighting 
requirements found in 33 CFR 155.

[[Page 31869]]

    A public workshop was held on August 5, 1997, to address issues 
related to salvage and marine firefighting response capabilities, 
including the 24-hour response time requirement, which was then 
scheduled to become effective on February 18, 1998. The participants 
uniformly identified the following three issues that they felt the 
Coast Guard needed to address:
    (1) Defining the salvage and marine firefighting capability that is 
necessary in the plans;
    (2) Establishing how quickly these resources must be on-scene; and
    (3) Determining what constitutes adequate salvage and marine 
firefighting resources.
    A copy of the summary report generated from this meeting is 
included in the project docket.
    On February 12, 1998, a notice of suspension was published in the 
Federal Register suspending the 24-hour requirement, scheduled to 
become effective on February 18, 1998, until February 12, 2001 (63 FR 
7069). On January 17, 2001, a second notice of suspension was published 
in the Federal Register, extending the suspension of the 24-hour 
requirement until February 12, 2004 (66 FR 3876).
    The Coast Guard examined the information provided in the National 
Academy of Sciences 1994 Marine Board Report: ``A Reassessment of the 
Marine Salvage Posture of the United States'' (1994 Marine Board 
Report) as part of the information collected for this rulemaking. The 
1994 Marine Board Report was authored by the National Research 
Council's Marine Board, Committee on Marine Salvage Issues (copy 
available for viewing at http://books.nap.edu/books/0309051495/html/index.html). This committee was established in April 1992 at the 
request of the U.S. Navy Supervisor of Salvage to examine issues 
related to jettisoning of cargo in salvage operations. At the request 
of the Coast Guard the committee's charter was expanded to include 
updating a 1982 report titled Marine Salvage in the United States.
    The report addressed changes in the salvage industry on the East, 
West, and Gulf Coasts since 1982, national salvage posture issues, 
formulated conclusions about the salvage industry, and made specific 
recommendations to Congress, the U.S. Navy, and the Coast Guard on 
salvage issues. The information on changes in the salvage industry and 
national salvage posture issues was extremely valuable and many of the 
findings were adopted as part of this regulation.
    Additionally, the Coast Guard was aware that the California Office 
of Spill Prevention and Response (OSPR) had an implementation date of 
July 1, 2000, for State Salvage Equipment and Service requirements. In 
May 2000, the Coast Guard contacted OSPR to discuss extending the 
implementation date and provided them a draft copy of this proposed 
rulemaking. OSPR asked the Coast Guard to submit a formal request for 
the implementation delay, and on June 9, 2000, the request was sent to 
the OSPR Administrator. On June 14, 2000, OSPR informed the Coast Guard 
that they were extending their implementation date to September 30, 
2000. Due to the extended period required to complete the regulatory 
analysis for this rulemaking, the Coast Guard informed OSPR in a letter 
on October 25, 2000, of our delay, although there had been several 
discussions of the status prior to this. On November 1, 2000, the State 
requirements became effective. Coordination with OSPR to develop a 
regulation that meets both the State and Federal requirements will 
continue. Copies of both of these letters are available for review in 
the public docket.
    In addition to discussions with OSPR, the Coast Guard met with 
members of the salvage industry, represented by the American Salvage 
Association, and a representative group of marine firefighters to 
discuss issues affecting them. A regulation concept paper was made 
available to participants to facilitate the discussions. Participants 
were made aware that the concept paper was just a model of what the 
regulation concept was in 1998, and that it may not accurately reflect 
the current composition of the draft regulation. The following issues 
were discussed:
     How salvors and marine firefighters will be integrated 
into the planholder's response plan;
     Response times for salvage and marine firefighting 
services;
     Training requirements for marine firefighters; and
     Issues related to the ``contract or other approved means'' 
definition and requirements that appears in 33 CFR 155.1020 of the 
current regulation.
    These meetings were held at the request of the interested parties. 
No changes to the regulation were made based upon these meetings.

Discussion of Proposed Rule

    The public workshop conducted on August 5, 1997, showed that tank 
vessel owners and operators wanted more specificity in the salvage and 
marine firefighting requirements in the vessel response plan 
regulations (33 CFR 155). To address this, the Coast Guard is proposing 
that planholders of a vessel carrying groups I through IV petroleum oil 
as primary cargo will need to identify, in their plans, a salvage and 
marine firefighting resource provider (or providers) that performs the 
specific salvage and marine firefighting services identified in 
proposed Table 155.4030(b), Salvage and Marine Firefighting Services.
    The proposed tables of services provide the specificity that was 
previously lacking while still maintaining flexibility for each vessel. 
Requiring ``services'' rather than specifying types and amounts of 
equipment was deemed to be more practical for the planholder, since the 
amount and type of equipment will vary depending on the vessel's 
characteristics and operating environment. The services we propose 
requiring were derived from the 1994 Marine Board Report and from the 
comments received at the August 5, 1997, public workshop.
    The intent of requiring planholders to identify specific resource 
providers for the specific services listed in proposed Table 
155.4030(b), Salvage and Marine Firefighting Services, is to require 
that the listed service provider be contacted in the event of a marine 
incident requiring that service. If another service provider, not 
listed in the approved plan for the specific service required, is 
contracted for a specific response, justification for the selection of 
that service provider needs to be provided and approved by the Federal 
On Scene Coordinator (FOSC). Only under exceptional circumstances will 
the FOSC authorize deviation from the service provider listed in the 
approved plan. It is also understood that some resources such as public 
firefighting resources may respond because of jurisdictional 
requirements, although these resources may not have been listed by the 
planholder.
    While resource providers are usually private contractors, 
planholders may list public marine firefighting resources in their 
plans under the conditions detailed in proposed Sec. 155.4020 and 
Sec. 155.4045. They may list public marine firefighters as a resource 
provider for firefighting services only out to the maximum extent of 
the public resource's jurisdiction. Typically jurisdictional boundaries 
extend only out to three miles, but some states have adopted greater 
jurisdictional boundaries. A public marine firefighting resource may 
agree to respond beyond their jurisdictional limits, but the Coast 
Guard considers it unreasonable to expect public marine firefighting 
resources to be used for fighting fires beyond their own jurisdictional 
limits.

[[Page 31870]]

It must be understood that because public marine firefighting services 
have jurisdictional boundaries, it may not be appropriate to select one 
public marine firefighting service to cover a whole Captain of the Port 
(COTP) zone. Since the Oil Pollution Act of 1990 emphasizes the use of 
private over public resources, public marine firefighting resource 
providers should only be listed when the planholder has determined no 
private resources are available that can meet the response times and 
the public resource has a responsibility to respond to incidents in the 
area specified in the plan. Also, the public resource must agree, in 
writing, to be included in the plan.
    Planholders would be able to identify one or more resource 
providers within their plan. The 1994 Marine Board Report stated that 
it is unlikely any single salvage and marine firefighting contractor 
would be able to perform all of the elements (services) of salvage and 
marine firefighting in every region of the United States. Thus, more 
than one contractor may be necessary to perform all the services 
needed. The planholder would be required to list each service and the 
resource provider to perform it in each COTP zone the vessel transits. 
Planholders may list more than one resource provider for a salvage or 
marine firefighting service within a single COTP zone, but a primary 
provider must be identified. Different primary resource providers can 
be listed for the same service in different COTP zones.
    Planholders must have discussions with resource providers to ensure 
that proper resources are identified for their type of vessel and 
cargo. For example, extinguishing agents must be identified that are 
compatible with the cargo onboard the vessel. Planholders would be 
allowed to include portable and non-portable off-vessel firefighting 
systems (or both) in their plans, so long as these resources are 
capable of responding within the time frames listed in this proposed 
rulemaking. Planholders would only list in their plan resource 
providers who have provided written consent to be included. This 
consent would include a statement from the resource provider that they 
are capable of providing the salvage and/or marine firefighting 
services they have been requested to provide within the response times 
in proposed Table 155.4030(b), Salvage and Marine Firefighting 
Services. Additionally, the proposed regulations would require that 
plans be certified by the planholder and state that the resource 
provider(s) capabilities have been reviewed by the planholder, and the 
minimum selection criteria in proposed Sec. 155.4050 were considered 
during selection of the resource provider(s).
    Only marine firefighting contractors that meet the National Fire 
Protection Association (NFPA) Standards 1001, 1021, 1405, and 1561, or 
show equivalent training, or qualification through experience, should 
be included in the plan. The Coast Guard proposes to incorporate these 
standards by reference into the rulemaking.
    The public workshop showed a need to identify practical on-scene 
response times for salvage and marine firefighting services. This 
proposed rulemaking would set specific response times (in hours) for 
each of the salvage and marine firefighting services that must be 
included in plans.
    Resource providers, in their written agreement with the planholder, 
must provide a statement that they are able to meet the required 
response times for each service they would provide. This agreement need 
not be provided as part of the plan, but must be available for 
inspection upon request by the Coast Guard. The time frame starts when 
someone in the planholders response organization receives notification 
of a potential or actual incident. It ends when the end point 
requirement listed in proposed Table 155.4040(c), Response Time End 
Points is met. The measurement of the 12 and 50 mile point will be from 
the boundary lines or the line of demarcation (COLREG lines) for the 
Gulf of Mexico for CONUS operations, and from the harbor of the COTP 
city closest to the potential or actual discharge for OCONUS 
operations.
    Planholders would be responsible for ensuring that contract 
negotiations with salvage and/or marine firefighting providers do not 
delay response efforts. In order to ensure this, the Coast Guard is 
proposing to require, as part of the ``contract or other approved 
means'' in Sec. 155.4025, that planholders develop and sign a written 
funding agreement between themselves and the resource providers. The 
funding agreement should contain an agreed upon pricing list for 
services and equipment that the resource providers might need to 
provide in order to meet the requirements. This agreement should state 
how long the agreement remains in effect and must be available to the 
Coast Guard upon request. If Lloyd's Standard Form of Salvage Agreement 
is to be used, this should be stated in place of a pricing list for 
services.
    The public workshop also showed a need to identify qualified 
salvage and marine firefighting resource providers. In the absence of 
national and/or international certification or qualification programs 
for determining the adequacy of private salvage and marine firefighting 
resources, planholders will be responsible for determining the adequacy 
of these resources on their own. The 1994 Marine Board Report, on page 
35, made recommendations as to the minimum attributes that a salvor 
should possess in order to be considered a professional. These 
attributes and others have been compiled into a comprehensive list that 
the Coast Guard feels planholders need to consider when choosing 
resource providers.
    In proposed Sec. 155.4050, we recommend that a planholder choose 
resource providers who meet the following criteria:
    (1) Are currently performing the needed response service(s).
    (2) Have a documented history of participation in successful 
salvage and/or marine firefighting operations, including salvage and/or 
marine firefighting equipment deployment.
    (3) Own or have contracts for equipment needed to perform response 
services.
    (4) Have personnel with documented training certification and 
degree experience (Naval Architecture, Fire Science, etc.).
    (5) Have 24-hour availability of personnel and equipment, and a 
history of response times compatible with the time requirements in this 
rulemaking.
    (6) Have an on-going continuous training program, and meet the 
training guidelines in NFPA 1001, 1021, 1405, and 1561, or equivalent.
    (7) Have a successful record of participation in drills and 
exercises.
    (8) Have sample salvage or marine firefighting plans used and 
approved during real incidents.
    (9) Have membership in relevant national and/or international 
organizations.
    (10) Have insurance that covers the salvage and/or marine 
firefighting services which they intend to provide.
    (11) Have sufficient up front capital to support an operation.
    (12) Have equipment and experience to work in the specific regional 
geographic environment(s) that the vessel operates in (e.g., bottom 
type, water turbidity, water depth, currents, temperature extremes, 
etc.).
    (13) Have the logistical and transportation support capability 
required to sustain operations for extended periods of time.
    A resource provider need not meet all of the selection criteria in 
order to be considered, in fact some criteria will not apply to all 
resource providers.

[[Page 31871]]

Planholders would be required to certify that these factors were 
considered when choosing a resource provider. This includes determining 
that some of the selection criteria do not apply.
    Planholders who are unable to obtain a salvage and/or marine 
firefighting resource provider(s) that can meet the specified response 
times may submit a request for a temporary waiver. The details of the 
waiver process and the waiver time limits are listed in proposed 
Sec. 155.4055. The waiver request must specifically identify the 
salvage or marine firefighting service, response time, COTP zone, and 
operating environment (e.g., inland, nearshore, offshore, OCONUS). The 
waiver request must first be submitted to the cognizant COTP. The COTP 
will evaluate and comment on the waiver request, and then forward the 
waiver request, via the District and Area Commanders, on to Commandant 
(G-MOR). Commandant (G-MOR) shall make the final determination on 
approving the waiver. The emergency lightering requirements that are 
detailed in this rulemaking are not subject to waiver. Planholders are 
already required to comply with these requirements, as in 33 CFR 
155.1050(l).
    During the development of the regulation, the Coast Guard decided 
that group V petroleum products would not be covered under this 
rulemaking. This decision was based on the differences in response 
procedures for dealing with group V petroleum cargoes and the relative 
differences in cargo volumes transported. For group V petroleum 
products, the existing planning requirements in 33 CFR 155.1052(f) will 
remain the same. In other words, these proposed regulations will not 
apply to group V petroleum products. The suspension in 33 CFR 
155.1052(f) will be cancelled once these proposed salvage and marine 
firefighting requirements become final.

Incorporation by Reference

    Material proposed for incorporation by reference appears in 
Secs. 155.4035 and 155.4050. You may inspect this material at U.S. 
Coast Guard Headquarters where indicated under ADDRESSES. Copies of the 
material are available from the sources listed in Sec. 155.140.
    Before publishing a binding rule, we will submit this material to 
the Director of the Federal Register for approval of the incorporation 
by reference.

Regulatory Evaluation and Unfunded Mandates Reform Act Assessment

Unfunded Mandates Reform Act Assessment

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditures by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
more than $100 million annually.
    The legal authority for this proposed rulemaking is provided by the 
Oil Pollution Act of 1990 (OPA 90). Response plans are required by the 
Federal Water Pollution Control Act 33 USC 1321(j)(5) as amended by 
Section 4202(a) of OPA 90.
    The proposed rule will not result in expenditures by State, local, 
or tribal governments because public vessels are exempt from the 
requirements of this rulemaking. This rule is expected to cost the 
private sector more than $100 million in the first year the rule is in 
effect as salvage and firefighting companies invest in capital 
equipment. The Regulatory Evaluation below provides an overview of the 
rulemaking and the costs and benefits of this rulemaking. A more 
detailed discussion of costs and benefits can be found in the 
Regulatory Assessment for the proposed rule, which is available in the 
docket as indicated under ADDRESSES. The Regulatory Assessment also 
presents alternatives to the proposed rule, which are contained in the 
Initial Regulatory Flexibility Act Analysis.

Regulatory Evaluation

    This proposed rule is a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and has been reviewed by the 
Office of Management and Budget. Section 6(a)(3) of Executive Order 
12866 states that an assessment of potential costs and benefits must be 
conducted. This evaluation is significant under the regulatory policies 
and procedures of the Department of Transportation (44 FR 11040; 
February 26, 1979). A more detailed draft Regulatory Assessment is 
available in the docket as indicated under ADDRESSES.

Summary of Cost

    This rule is economically significant because the costs for the 
first year the rule is in effect exceed $100 million. Costs are 
presented in 2001 dollars, and the analysis covers the period 2001-
2030. These costs are considered accurate for 2002. Detail of these 
costs is described below.
    The total net present value (NPV) cost for the period 2001-2030 is 
$491.7 million (7 percent discount rate, 2001 dollars). Of this, $127.9 
million ($111.7 million NPV) is for the initial acquisition of salvage 
and firefighting equipment in 2003, when the proposed rule will become 
effective. An estimated $28.4 million ($24.8 million NPV) is for 
initial paperwork requirements in 2003 for salvage and firefighting 
companies, vessel planholders, and companies that prepare response 
plans for planholders. This rule is estimated to cost $30.9 million 
annually (undiscounted) for operations, maintenance, and paperwork 
costs. This cost will first be incurred in 2004 and will be incurred 
through the assessment period (until 2030). Capital equipment initially 
acquired in 2003 will be replaced at various times throughout the 
assessment period.
    We believe that the capital and annual costs incurred by salvage 
and firefighting companies will be, to the extent possible, passed on 
to vessel planholders through retainer fees or increased costs for 
services provided.
    A summary of the estimated cost for the proposed rule is presented 
in Table 1.

                           Table 1.--Total Net Present Value Cost of the Proposed Rule
                     [2001 $Millions, 7 Percent Discount Rate, Assessment Period 2001-2030]
----------------------------------------------------------------------------------------------------------------
                 Affected Entity                     Equipment       Personnel       Paperwork         Total
----------------------------------------------------------------------------------------------------------------
Salvage Companies...............................          $349.8           $38.7            $0.6          $389.1
Firefighting Companies..........................            21.3            39.9            16.6            77.8
Planholders/Plan Preparers......................               0               0            24.4            24.4
Coast Guard.....................................               0               0             0.4             0.4
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Total.......................................           371.1            78.6            42.0           491.7
----------------------------------------------------------------------------------------------------------------


[[Page 31872]]

    Equipment and personnel costs were developed using information from 
representatives of the salvage and marine firefighting industry, other 
experts, and the Coast Guard. Paperwork costs were based on previous 
regulatory analysis of paperwork requirements for the original vessel 
response plan rulemaking for salvage and marine firefighting and the 
hazardous substance response plan rulemakings.

Summary of Benefit

    Benefit of the proposed rule is expressed in barrels of oil not 
spilled. We assessed the benefit of the proposed rule using a modeling 
tool developed for the Oil Pollution Act of 1990 Programmatic 
Regulatory Assessment (OPA 90 PRA). The PRA assessed the costs and 
benefits of 11 ``core group'' rules enacted under OPA 90. These 
included such rules as double hulls, financial responsibility, and the 
original vessel response plan rulemakings. The PRA assessed the 
overlapping effects (and therefore benefits) of these 11 major 
rulemakings and avoided the double counting of barrels of oil not 
spilled. A copy of the OPA 90 PRA can be found in the docket for this 
proposed rulemaking.
    The benefit analysis for the proposed rulemaking used the PRA 
modeling tool and adjusted estimates of effectiveness specific to this 
proposed rulemaking. Effectiveness factors (i.e., the quantified effect 
of the proposed rule) were developed through an expert panel. We assume 
benefits will be accrued beginning in 2004 after equipment has been 
purchased and response plans have been developed. The number of barrels 
of oil not spilled over the assessment period (2001-2030) as a result 
of this rulemaking is 87,282 NPV (7 percent discount rate), or 
approximately 87,300 NPV barrels.
    The cost effectiveness of the rule is the NPV cost of the rule (in 
dollars) divided by the NPV of the oil not spilled (in barrels) as a 
result of the rule. The cost effectiveness of the proposed salvage and 
firefighting rulemaking is $5,634 ($491.7 million/87,282 barrels), or 
approximately $5,600/barrel. This means it costs society $5,600 to keep 
each barrel of oil from being spilled into the water.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 fewer than 
50,000.
    From our analysis, the Coast Guard concluded that the requirements 
for salvage and marine firefighting might have a significant impact on 
a substantial number of small entities. There are an estimated 710 
vessel companies that will be affected by the proposed rule. Of these, 
an estimated 191 of them are small businesses. We estimate that the 
proposed rule will have a no more than 10-percent affect on annual 
revenues for 90 percent of these 191 small businesses. Under the 
proposed rulemaking, some businesses may be eligible for a limited time 
waiver of the salvage and marine firefighting requirements. This waiver 
may help offset the financial impacts of the proposed rulemaking on 
affected small businesses.
    A complete Initial Regulatory Flexibility Analysis discussing the 
impact of this proposed rule on small entities is available in the 
docket where indicated under ADDRESSES. This analysis also presents 
alternatives to the proposed rule that the Coast Guard considered.

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 effect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Lieutenant Douglas Lincoln at 
202-267-0448.

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, 
record keeping, 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.
    This proposed rule affects an existing OMB approved collection of 
information.
    Title: Vessel Response Plans, Facility Response Plans, Shipboard 
Oil Pollution Emergency Plans, and Additional Response Equipment 
Requirements for Prince William Sound.
    OMB Number: 2115-0595.
    Summary of the Collection of Information: Vessels carrying oil in 
bulk as cargo, and operating in U.S. waters are required by section 
4202(a)(6) of the Oil Pollution Act of 1990, and amended section 311(j) 
of the Federal Water Pollution Control Act to prepare and submit a 
written response plan for a worst case discharge of oil. The 
information in these plans contain:
     Names and contact information for salvage and marine 
firefighting responders for each vessel with appropriate equipment and 
resources located in each zone in which the vessel operates.
     Specific lists of equipment that the resource providers 
will make available in case of an incident in each zone.
     Certification that the responders are qualified and have 
given their permission to be included in the plan.
    The collection of information period is 2003-2005 (3 years). We use 
this period rather than 2001-2003 because collection of information 
requirements under this rulemaking are anticipated to begin in 2003.
    Need for Information: The collection of information is necessary to 
ensure that salvage and marine firefighting resources appropriate for 
each vessel and type of cargo are available if an incident occurs to 
prevent or mitigate the discharge of oil into the environment.
    Proposed Use of Information: The information in the salvage and 
marine firefighting sections of vessel response plans is necessary to 
show evidence that vessel planholders have done proper planning to 
prevent or mitigate oil outflow from vessel casualties, and to provide 
that information to the Coast Guard for their use in emergency 
response.
    Description of the Respondents: Respondents are vessel owners and 
operators, known as planholders. Planholders also include small 
entities, such as tank barge companies, and tank ship or mixed fleet 
companies. Respondents are also the companies that may prepare response 
plans for planholders. Finally, respondents are the salvage and 
firefighting companies that will provide the equipment requirements 
under the proposed rule.
    Number of Respondents: The proposed rule affects 710 of the 5,127

[[Page 31873]]

respondents who are planholders and plan preparers to the collection of 
information. The proposed rule also affects 50 salvage and firefighting 
companies. In the first year the rule is in effect (estimated in 2003), 
there will be 710 + 50 = 760 respondents. In the 2nd and 3rd years of 
the 3-year collection of information period (2004-2005), there will be 
710 respondents (planholders/plan preparers only).
    Frequency of Response: The proposed rule accounts for 710 of the 
5,207 total annual responses for the collection of information. In 
addition, there are 50 responses from salvage and firefighting 
companies. In the first year the rule is in effect (estimated in 2003), 
there will be 710 + 50 = 760 responses (one response for each 
respondent). In the 2nd and 3rd years of the 3-year collection of 
information period (2004-2005), there will be 710 responses (one for 
each planholder/plan preparer).
    Burden of Response: The primary burden of response consists of:
     Initial preparation of the vessel response plan.
     Consultation and negotiation between salvage and 
firefighting companies and planholders/plan preparers.
     Submission of the plan to the Coast Guard for approval.
     Submission of revisions or modifications to a response 
plan as material changes occurs for the vessel to prepare.
     Resubmission of the vessel response plan to the Coast 
Guard.
    The plans are to be resubmitted every 5 years, and the paperwork 
burden for the resubmission is expected to be the same as for the 
annual review.
    Estimate of Total Annual Burden: The total estimated burden for 
planholders and plan preparers to comply with the proposed rulemaking 
is 100,520 hours for the first year (2003), and 17,750 hours for each 
subsequent year (2004-2005). Total estimated burden for salvage and 
firefighting companies is 196,840 hours for the first year and 0 hours 
for each subsequent year. The total burden for the first year the rule 
is in effect is 297,360 hours. The total burden for subsequent years is 
17,750. The total burden of the proposed rule during the 3-year period 
of the collection of information (2003-2005) is 297,360 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 dates 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 a notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. It is well settled that States may 
not regulate in categories reserved for regulation by the Coast Guard. 
It is also well settled, now, that all of the categories covered in 46 
U.S.C. 3306, 3703, 7101, or 8101 (design, construction, alteration, 
repair, maintenance, operation, equipping, personnel qualification, and 
manning of vessels), as well as casualty reporting and any other 
category in which Congress intended the Coast Guard to be the sole 
source of a vessel's obligations, are within the field foreclosed from 
regulation by the States. (See the decision of the Supreme Court in the 
consolidated cases of United States v. Locke and Intertanko v. Locke, 
529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000).)
    This regulation covers vessel response plans for salvage and marine 
firefighting resources, aimed at reducing cargo loss should a marine 
casualty occur. As discussed in the Background and Purpose section 
above, the Coast Guard has consulted with state agencies, such as 
California's OSPR, to ensure these proposed regulations will not 
interfere with or preempt state regulations on the same subject. We 
will continue to do so, until a Final Rule is published.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Consultation and Coordination With Indian Tribal Governments

    This proposed rule will not have tribal implications; will not 
impose substantial direct compliance costs on Indian tribal 
governments; and will not preempt tribal law. Therefore, it is exempt 
from the consultation requirements of Executive Order 13175. If tribal 
implications are identified during the comment period we will undertake 
appropriate consultations With the affected Indian tribal officials.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that this might be classified 
as a ``significant energy action'' under that order because it is a 
``significant regulatory action'' under Executive Order 12866 and might 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Coast Guard is establishing a waiver provision for this 
proposed rule, and we do not anticipate adverse energy consequences 
during that time. After this waiver period, we do not expect a national 
impact on energy supply, distribution or use. We cannot rule out 
however, effects on local markets. We would appreciate comments 
discussing any likely significant adverse effects on the supply, 
distribution, or use of energy. Submit these comments to one of the 
locations listed under ADDRESSES. We will analyze all comments and, if 
necessary, prepare a full Statement of Energy Effects with the Final 
Rule for this project.

[[Page 31874]]

Environment

    The Coast Guard considered the environmental impact of vessel 
response plans as a whole during an April 1992, Environmental 
Assessment (EA), and a November 1992 Supplemental Statement, and 
concluded that a Finding of No Significant Impact (FONSI) was 
appropriate. The 1992 EA and FONSI are sufficiently broad in scope to 
cover these new requirements. Therefore, we have determined that it is 
not necessary to complete another EA solely for these salvage and 
marine firefighting revisions. The 1992 EA and FONSI are available in 
the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 155

    Alaska, Hazardous substances, Oil pollution, Reporting and 
recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 155 as follows:

PART 155--OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION 
REGULATIONS FOR VESSELS

    1. The authority citation for part 155 continues to read as 
follows:

    Authority: 33 U.S.C. 1231, 1321(j); 46 U.S.C. 3715, 3719; sec. 
2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.46, 
1.46(iii).

    Sections 155.110-155-130, 155.110-155.130, 155.350-155.400, 
155.430, 155.440, 155.470, 155.1030(j) and (k), and 155.1065(g) also 
issued under 33 U.S.C. 1903(b); and Secs. 155.1110-155.1150 also 
issued under 33 U.S.C. 2735.


    Note: Additional requirements for vessels carrying oil or 
hazardous materials appears in 46 CFR parts 30 through 36, 150, 151, 
and 153.

    2. Add a note following Sec. 155.130 to read as follows:


Sec. 155.130  Exemptions.

* * * * *

    Note to Sec. 155.130: Additional exemptions/temporary waivers 
related to salvage and marine firefighting requirements can be found 
in Sec. 155.4055.

    3. Amend Sec. 155.140 by adding alphabetically to paragraph (b):


Sec. 155.140  Incorporation by reference.

* * * * *
    (b) * * *

National Fire Protection Association (NFPA)

Batterymarch Park, Quincy, MA 02269-9101
NFPA 1001, Standard for Fire Fighter Professional Qualifications, 
1997 Edition--155.4050
NFPA 1021, Standard for Fire Officer Professional Qualifications, 
1999 Edition--155.4050
NFPA 1405, Guide for Land-based Fire Fighters who Respond to Marine 
Vessel Fires, 1996 Edition  155.4035; 155.4050
NFPA 1561, Standard on Fire Department Incident Management System, 
2000 Edition  155.4050
* * * * *
    4. In Sec. 155.1020, revise the definition of ``Oil Spill 
Removal Organization'' to read as follows:


Sec. 155.1020  Definitions.

* * * * *
    Oil spill removal organization (OSRO) means an entity that provides 
oil spill response resources.
* * * * *
    5. Amend Sec. 155.1050 by revising paragraph (k) to read as 
follows:


Sec. 155.1050  Response plan development and evaluation criteria for 
vessels carrying groups I through IV petroleum oil as a primary cargo.

* * * * *
    (k) Salvage (including lightering) and marine firefighting 
requirements are found in subpart I of this part.
* * * * *
    6. Add subpart I, consisting of Sec. 155.4010 through 
Sec. 155.4055, to read as follows:

Subpart I--Salvage and Marine Firefighting

Sec.
155.4010   What is the purpose of this subpart?
155.4015   Who must follow this subpart?
155.4020   When must my plan comply with this subpart?
155.4025   Definitions.
155.4030   What salvage and marine firefighting services are 
required to be listed in my plans?
155.4035   What pre-incident information and arrangements are needed 
for the salvage and marine firefighting resource providers in my 
plans?
155.4040   What are the response times for each salvage and marine 
firefighting service?
155.4045   What agreements or contracts must I have with the salvage 
and marine firefighting resource providers?
155.4050   How can I ensure that the salvors and marine firefighters 
are adequate?
155.4055   What if I am unable to obtain a salvage or marine 
firefighting resource provider that can meet one or more of the 
specified response times?


Sec. 155.4010  What is the purpose of this subpart?

    The purpose of this subpart is to establish vessel response plan 
salvage and marine firefighting requirements for vessels that are 
required by Sec. 155.1015 to have a response plan. Salvage and marine 
firefighting actions can save lives, property, and prevent the 
escalation of potential oil spills to worst case events.


Sec. 155.4015  Who must follow this subpart?

    You must follow this subpart if your vessel meets the vessel 
response plan applicability requirements of Sec. 155.1015.


Sec. 155.4020  When must my plan comply with this subpart?

    (a) If you have an existing approved vessel response plan, you must 
have your plan updated and submitted to the Coast Guard by [Date Six 
Months After Publication of a Final Regulation].
    (b) All new or existing vessels entering United States that meet 
the applicability requirements of Sec. 155.1015, that do not have an 
approved vessel response plan, must comply with Sec. 155.1065.
    (c) Your vessel may not conduct oil operations if-(1) You have not 
submitted a plan to the Coast Guard in accordance with Sec. 155.1065 
prior to [Date Six Months After Publication of a Final Regulation];
    (2) The Coast Guard determines that the response resources 
referenced in your plan do not meet the requirements of this subpart;
    (3) The contracts or agreements cited in your plan have lapsed or 
are otherwise no longer valid;
    (4) You are not operating in accordance with your plan; or
    (5) The plan's approval has expired.


Sec. 155.4025  Definitions.

    Assessment of structural stability means completion of a vessel's 
stability and structural integrity assessment through the use of a 
salvage software program. The data used for the calculations would 
include information collected by the on-scene salvage professional. The 
assessment is intended to allow sound decisions to be made for 
subsequent salvage efforts.
    Continental United States (CONUS) means the contiguous 48 states 
and the District of Columbia.
    Contract or other approved means is any one of the following:
    (1) A written contractual agreement between a vessel owner or 
operator and a resource provider. This agreement must expressly provide 
that the resource provider is capable of, and intends to commit to, 
meeting the plan requirements.
    (2) A written certification that the personnel, equipment, and 
capabilities required by this subpart are available and under your 
direct control.
    (3) An alternative approved by the Coast Guard (Commandant (G-
MOR)).

[[Page 31875]]

As part of the contract or other approved means you must develop and 
sign, with your resource provider, a written funding agreement. This 
funding agreement is to ensure that salvage and marine firefighting 
responses are not delayed due to funding negotiations. The funding 
agreement must include a statement of how long the agreement remains in 
effect, and must be available to the Coast Guard for inspection.
    Diving services support means divers and their equipment to support 
salvage operations. This support may include, but not be limited to, 
underwater repairs, welding, placing lifting slings, or performing 
damage assessments.
    Emergency lightering is the process of transferring oil between two 
ships or other floating or land-based receptacles in an emergency 
situation and may require pumping equipment, transfer hoses, fenders, 
portable barges, shore based portable tanks, or other equipment that 
circumstances may dictate.
    Emergency towing, also referred to as rescue towing, means the use 
of towing vessels that can pull, push or make-up alongside a vessel. 
This is to ensure that a vessel can be stabilized, controlled or 
removed from a grounded position. Towing vessels must have the proper 
horsepower or bollard pull compatible with the size and tonnage of the 
vessel to be towed.
    External emergency transfer operations means the use of external 
pumping equipment placed onboard a vessel to move oil from one tank to 
another, when the vessel's own transfer equipment is not working.
    External firefighting teams means trained firefighting personnel, 
aside from the crew, with the capability of boarding and combating a 
fire on a vessel.
    External vessel firefighting systems mean firefighting resources 
(personnel and equipment) that are capable of combating a fire from 
other than onboard the vessel. These resources include, but are not 
limited to, fire tugs, portable fire pumps, airplanes, helicopters, or 
shore side fire trucks.
    Funding agreement is a written agreement between a resource 
provider and a planholder that identifies agreed upon rates for 
specific equipment and services to be made available by the resource 
provider under the agreement. The funding agreement is to ensure that 
salvage and marine firefighting responses are not delayed due to 
funding negotiations. This agreement must be part of the contract or 
other approved means, however, it does not need to be part of your 
plan.
    Great Lakes means Lakes Superior, Michigan, Huron, Erie, and 
Ontario, their connecting and tributary waters, the Saint Lawrence 
River as far as Saint Regis, and adjacent port areas.
    Heavy lift means the use of a salvage crane, A-frames, hydraulic 
jacks, winches, or other equipment for lifting, righting, or 
stabilizing a vessel.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) as defined in 
Secs. 80.740 through 80.850 of this chapter. The inland area does not 
include the Great Lakes.
    Making temporary repairs means action to temporarily repair a 
vessel to enable it to safely move to a shipyard or other location for 
permanent repairs. These services include, but are not limited to, 
shoring, patching, drill stopping, or structural reinforcement.
    Marine firefighting means any firefighting related act undertaken 
to assist a vessel in potential or actual fire danger, to prevent loss 
of life, damage or destruction of the vessel, or damage to the marine 
environment.
    Nearshore area means the area extending seaward 12 miles from the 
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. 
In the Gulf of Mexico, a nearshore area is one extending seaward 12 
miles from the line of demarcation (COLREG lines) as defined in 
Secs. 80.740 through 80.850 of this chapter.
    Offshore area means the area up to 38 nautical miles seaward of the 
outer boundary of the nearshore area.
    On-site fire assessment means that a marine firefighting 
professional is on scene, at a safe distance from the vessel or on the 
vessel, that can determine the steps needed to control and extinguish a 
marine fire, taking into consideration a vessel's stability and 
structural integrity.
    On-site salvage assessment means that a salvage professional is on 
scene, at a safe distance from the vessel or on the vessel, that has 
the ability to assess the vessel's stability and structural integrity. 
The data collected during this assessment will be used in the salvage 
software calculations and to determine necessary steps to salve the 
vessel.
    Other refloating methods means those techniques for refloating a 
vessel aside from using pumps. These services include, but are not 
limited to, the use of pontoons, air bags or compressed air.
    Outside Continental United States 
(OCONUS) means Alaska, Hawaii, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the Commonwealth of 
the Northern Marianas, and any other territory or possession of the 
United States.
    Remote assessment and consultation means contacting the salvage 
and/or marine firefighting resource providers by phone or other 
communications to discuss and assess the situation.
    Resource provider means an entity that provides personnel, 
equipment, supplies, and other capabilities necessary to perform 
salvage and/or marine firefighting services identified in the response 
plan. For marine firefighting services, resource providers can include 
public firefighting resources as long as they are able and willing to 
provide the services needed.
    Salvage means any act undertaken to assist a vessel in potential or 
actual danger, to prevent loss of life, damage or destruction of the 
vessel and release of its contents into the marine environment.
    Salvage plan means a plan developed to guide salvage operations 
except those identified as specialized salvage operations.
    Special salvage operations plan means a salvage plan developed to 
carry out a specialized salvage operation, including heavy lift and/or 
subsurface product removal.
    Subsurface product removal means the safe removal of oil from a 
vessel that has sunk or is partially submerged underwater. These 
actions can include pumping or other means to transfer the oil to a 
storage device.
    Underwater vessel and bottom survey means having salvage resources 
on scene that can perform examination and analysis of the vessel's hull 
and equipment below the water surface. These resources also include the 
ability to determine the bottom configuration and type for the body of 
water. This service can be accomplished through the use of equipment 
such as sonar, magnetometers, remotely operated vehicles or divers. 
When divers are used to perform these services, the time requirements 
for this service apply and not those of diving services support.


Sec. 155.4030  What salvage and marine firefighting services are 
required to be listed in my plans?

    (a) You must identify in your plan the salvage and marine 
firefighting services listed in Table 155.4030(b)--Salvage and Marine 
Firefighting Services. Additionally, you must list those resource 
providers that you have contracted to provide these services. You may 
list multiple resource providers for each service, but you must 
identify which one is your primary resource provider for each Captain 
of

[[Page 31876]]

the Port (COTP) zone in which you operate. A method of contact, 
consistent with the requirements in Secs. 155.1035(e)(6)(ii) and 
155.1040(e)(5)(ii), must also be listed adjacent to the name of the 
resource provider.

    (b) Table 155.4030(b).--Salvage and Marine Firefighting Services
------------------------------------------------------------------------
              Service                   Location of incident response
-----------------------------------          activity timeframe
                                   -------------------------------------
                                     CONUS: nearshore
                                       area; inland     CONUS: offshore
                                      waters; Great    area; and OCONUS:
            (1) Salvage                 Lakes; and        or = 50 miles
                                     OCONUS:  or = 12    from COTP city
                                     miles from COTP        (hours)
                                      city  (hours)
------------------------------------------------------------------------
(i) Assessment & Survey:
    (A) Remote assessment and                       1                  1
     consultation.................
    (B) Begin assessment of                         3                  3
     structural stability.........
    (C) On-site salvage assessment                  6                 12
    (D) Assessment of structural                   12                 18
     stability....................
    (E) Hull and bottom survey....                 12                 18
(ii) Stabilization:
    (A) Emergency towing..........                 12                 18
    (B) Salvage plan..............                 16                 22
    (C) External emergency                         18                 24
     transfer operations..........
    (D) Emergency lightering......                 18                 24
    (E) Other refloating methods..                 18                 24
    (F) Making temporary repairs..                 18                 24
    (G) Diving services support...                 18                 24
(iii) Specialized Salvage
 Operations:
    (A) Special salvage operations                 18                 24
     plan.........................
    (B) Heavy lift................                 72                 84
    (C) Subsurface product removal                 72                 84


----------------------------------------------------------------------------------------------------------------
                                                                             CONUS: Nearshore
                                                                               area; inland     CONUS: Offshore
                                                                              waters; great    area; and OCONUS:
                    (2) Marine firefighting                       At pier       lakes; and        or = 50 miles
                                                                  (hours)    OCONUS:  or = 12    from COTP city
                                                                             miles from COTP        (hours)
                                                                              city  (hours)
----------------------------------------------------------------------------------------------------------------
(i) Assessment & Planning:
    (A) Remote assessment and consultation.....................          1                  1                  1
    (B) On-site fire assessment................................          2                  6                 12
(ii) Fire Suppression:
    (A) External firefighting teams............................          4                  8                 12
    (B) External vessel firefighting systems...................          4                 12                 18
----------------------------------------------------------------------------------------------------------------

    (c) Integration into the response organization. You must ensure 
that all salvage and marine firefighting resource providers are 
integrated into the response organizations listed in your plans. The 
response organization must be consistent with the requirements set 
forth in Secs. 155.1030(d), 155.1040(d), and 155.1045(d).
    (d) Coordination with other response resource providers, response 
organizations and OSROs. Your plan must include provisions on how the 
salvage and marine firefighting resource providers will coordinate with 
other response resources, response organizations, and OSROs. For 
example, you will need to identify how salvage and marine firefighting 
assessment personnel will coordinate response activity with oil spill 
removal organizations. For services that, by law, require public 
assistance, there must be clear guidelines on how service providers 
will interact with those organizations.
    (e) Ensuring the proper emergency towing vessels are listed in your 
plans. Your plans must identify towing vessels with the proper 
characteristics, horsepower, and bollard pull to tow your vessel(s). 
These towing vessels must be capable of operating in environments where 
the winds are up to 40 knots.
    (f) Ensuring the proper type and amount of transfer equipment is 
listed in your plans. Your salvage resource provider must be able to 
bring on scene a pumping capability that can offload the vessel's 
largest cargo tank in 24 hours of continuous operation. This is 
required for both emergency transfer and lightering operations.
    (g) Ensuring firefighting equipment is compatible with your vessel. 
Your plan must list the proper type and amount of extinguishing agent 
needed to combat a fire involving your vessel's cargo, other contents, 
and superstructure. If your primary extinguishing agent is foam or 
water, you must identify resources in your plan that are able to pump, 
at a minimum, 0.16 gallons per minute per square foot of the deck area 
of your vessel, or an appropriate rate for spaces that this rate is not 
suitable for and if needed, an adequate source of foam.
    (h) Ensuring the proper subsurface product removal. You must have 
subsurface product removal capability if your vessel(s) operates in 
waters of 40 feet or more. Your resource provider

[[Page 31877]]

must have the capability of removing cargo and fuel from your sunken 
vessel to a depth equal to the maximum your vessel operates in up to 
150 feet.
    (i) Worker health and safety. Your resource providers must have the 
capability to implement the necessary engineering, administrative, and 
personal protective equipment controls to safeguard their workers when 
providing salvage and marine firefighting services.


Sec. 155.4035  What pre-incident information and arrangements are 
needed for the salvage and marine firefighting resource providers in my 
plans?

    (a) You must provide the information listed in Secs. 155.1035(c), 
155.1040(c), and 155.1045(c) to your salvage and marine firefighting 
resource providers.
    (b) Marine firefighting pre-fire plan.
    (1) You must prepare a vessel pre-fire plan in accordance with the 
National Fire Protection Association (NFPA) Standard 1405, Guide for 
Land-based Firefighters who Respond to Marine Vessel Fires, Chapter 7. 
If you meet this requirement through compliance with another regulation 
or international standard, you need only to indicate this in your plan.
    (2) The marine firefighting resource provider(s) you are required 
to identify in your plan must be given a copy of the plan. 
Additionally, they must certify in writing to you that they find the 
plan acceptable and agree to implement it to mitigate a potential or 
actual fire.


Sec. 155.4040  What are the response times for each salvage and marine 
firefighting service?

    (a) You must ensure, by contract or other approved means, that your 
resource provider(s) is capable of providing the services within the 
required time frames.
    (1) If your vessel is at the pier or transiting a COTP zone within 
the Continental United States (CONUS), the time frames in Table 
155.4030(b) apply as listed.
    (2) If your vessel is at the pier or transiting a COTP zone outside 
the Continental United States (OCONUS), the time frames in Table 
155.4030(b) apply as follows:
    (i) Inland waters and nearshore area time frames apply from the 
COTP city out to and including the 12 mile point.
    (ii) Offshore area time frames apply from 12 to 50 miles outside 
the COTP city.
    (3) If your vessel transits within an OCONUS COTP zone that is 
outside the areas described in paragraph (a)(2) of this section, but 
within the inland waters or the nearshore or offshore area, you must 
submit in writing, in your plan, the steps you will take to address 
salvage and marine firefighting needs in the event these services are 
required.
    (b) The time frame starts when anyone in your response organization 
receives notification of a potential or actual incident. It ends when 
the service reaches the ship, the outer limit of the nearshore area, 
the outer limit of the offshore area, the 12 or 50-mile point from the 
COTP city, or a point identified in your response plan for areas 
OCONUS. Table 155.4040(c) provides additional amplifying information 
for vessels transiting within the nearshore and offshore areas of CONUS 
or within 50 miles of an OCONUS COTP city.
    (c) Table 155.4040(c)--Response Time End Points (CONUS & Within 50 
Miles of An OCONUS COTP City)

------------------------------------------------------------------------
              Service                      Response time ends when
------------------------------------------------------------------------
(1) Salvage:
    (i) Remote assessment and        Salvor is in voice contact with QI/
     consultation.                    Master/Operator.
    (ii) Begin assessment of         A structural assessment of the
     structural stability.            vessel has been initiated.
    (iii) On-site salvage            Salvor onboard vessel.
     assessment.
    (iv) Assessment of structural    Initial analysis is completed. This
     stability.                       is a continual process, but at the
                                      time specified an analysis needs
                                      to be completed.
    (v) Hull and bottom survey.....  Survey completed.
    (vi) Emergency towing..........  Towing vessel on scene.
    (vii) Salvage plan.............  Plan completed and submitted to
                                      Incident Commander/Unified
                                      Command.
    (viii) External emergency        External pumps onboard vessel.
     transfer operations.
    (ix) Emergency lightering......  Lightering equipment on scene and
                                      alongside.
    (x) Other refloating methods...  Salvage plan approved & resources
                                      on vessel.
    (xi) Making temporary repairs..  Repair equipment onboard vessel.
    (xii) Diving services support..  Required support equipment &
                                      personnel on scene.
    (xiii) Special salvage           Plan completed and submitted to
     operations plan.                 Incident Commander/Unified
                                      Command.
    (xiv) Heavy lift...............  Resources on scene.
    (xv) Subsurface product removal  Resources on scene.
(2) Marine Firefighting:
    (i) Remote assessment and        Firefighter in voice contact with
     consultation.                    QI/Master/Operator.
    (ii) On-site fire assessment...  Firefighter representative on site.
    (iii) External firefighting      Team and equipment on scene.
     teams.
    (iv) External vessel             Personnel and equipment on scene.
     firefighting systems.
------------------------------------------------------------------------

    (d) How to apply the time frames to your particular situation. To 
apply the time frames to your vessel's situation, follow these 
procedures:
    (1) Identify if your vessel operates CONUS or OCONUS.
    (2) If your vessel is calling at any CONUS pier or an OCONUS pier 
within 50 miles of a COTP city, you must list the pier location by 
facility name or city and ensure that the firefighting resource 
provider can reach the location within the specified response times in 
the table in Sec. 155.4030(b).
    (3) If your vessel is transiting within CONUS inland waters, 
nearshore or offshore areas or the Great Lakes, you must ensure the 
listed salvage and marine firefighting services are capable of reaching 
your vessel within the appropriate response times listed in the table 
in Sec. 155.4030(b).
    (4) If your vessel is transiting within 12 miles or less from an 
OCONUS COTP city, you must ensure the listed salvage and marine 
firefighting services are capable of reaching a point 12 miles from the 
harbor of the COTP city within the nearshore area response times listed 
in the table in Sec. 155.4030(b).
    (5) If your vessel is transiting between 12 and 50 miles from an 
OCONUS COTP city, you must ensure the listed

[[Page 31878]]

salvage and marine firefighting services are capable of reaching a 
point 50 miles from the harbor of the COTP city within the offshore 
area response times listed in the table in Sec. 155.4030(b).
    (6) If your vessel transits inland waters or the nearshore or 
offshore areas OCONUS, but is more than 50 miles from a COTP city, you 
must still contract for salvage and marine firefighting services and 
provide a description of how you intend to respond and an estimated 
response time when these services are required, however, none of the 
time limits listed in the table in Sec. 155.4030(b) will apply to these 
services.


Sec. 155.4045  What arrangements or contracts must I have with the 
salvage and marine firefighting resource providers?

    (a) You may only list resource providers in your plan that have 
been arranged by contract or other approved means.
    (b) You must obtain written consent from the resource provider 
stating that they agree to be listed in your plan. This consent must 
state that the resource provider agrees to provide the services that 
are listed in Secs. 155.4030(a) through 155.4030(g), and that these 
services are capable of arriving within the response times listed in 
the table in Sec. 155.4030(b). This consent may be included in the 
contract with the resource provider or in a separate document.
    (c) This written consent must be available to the Coast Guard for 
inspection. The response plan must identify the location of this 
written consent, which must be--
    (1) On board the vessel; or
    (2) With a planholder representative located in the United States.
    (d) Public marine firefighters may only be listed out to the 
maximum extent of the public resource's jurisdiction, unless other 
agreements are in place. A public marine firefighting resource may 
agree to respond beyond their jurisdictional limits, but the Coast 
Guard considers it unreasonable to expect public marine firefighting 
resources to do this.


Sec. 155.4050  How can I ensure that the salvors and marine 
firefighters are adequate?

    (a) You are responsible for determining the adequacy of the 
resource providers you intend to include in your plan.
    (b) When determining adequacy of the resource provider, you must 
consider as a minimum the following selection criteria:
    (1) Resource provider is currently working in response service 
needed.
    (2) Resource provider has documented history of participation in 
successful salvage and/or marine firefighting operations, including 
equipment deployment.
    (3) Resource provider owns or has contracts for equipment needed to 
perform response services.
    (4) Resource provider has personnel with documented training 
certification and degree experience (Naval Architecture, Fire Science, 
etc.).
    (5) Resource provider has 24-hour availability of personnel and 
equipment, and history of response times compatible with the time 
requirements in the regulation.
    (6) Resource provider has on-going continuous training program. For 
marine firefighting providers, they must meet the training guidelines 
in NFPA Standards 1001, 1021, 1405, and 1561, or show equivalent 
training, or qualification through experience.
    (7) Resource provider has successful record of participation in 
drills and exercises.
    (8) Resource provider has salvage or marine firefighting plans used 
and approved during real incidents.
    (9) Resource provider has membership in relevant national and/or 
international organizations.
    (10) Resource provider has insurance that covers the salvage and/or 
marine firefighting services which they intend to provided.
    (11) Resource provider has sufficient up front capital to support 
an operation.
    (12) Resource provider has equipment and experience to work in the 
specific regional geographic environment(s) that the vessel operates in 
(e.g., bottom type, water turbidity, water depth, and temperature 
extremes).
    (13) Resource provider has the logistical and transportation 
support capability required to sustain operations for extended periods 
of time.
    (c) A resource provider need not meet all of the selection criteria 
in order for you to choose them as a provider.
    (d) You must certify in your plan that these factors were 
considered when you chose your resource provider.


Sec. 155.4055  What if I am unable to obtain a salvage and/or marine 
firefighting resource provider that can meet one or more of the 
specified response times?

    (a) You may submit a request for a temporary waiver of a specific 
response time requirement, if you are unable to identify a resource 
provider who can meet the response time.
    (b) Your request must be specific as to the COTP zone, operating 
environment, salvage or marine firefighting service, and response time.
    (c) Emergency lightering requirements set forth in Sec. 155.4030(b) 
will not be subject to the waiver provisions of this subpart.
    (d) You must submit your request to the Commandant (G-MOR) via the 
local COTP for final approval. The local COTP will evaluate and comment 
on the waiver before forwarding the waiver request, via the District 
and Area Commanders, to the Commandant (G-MOR) for final approval.
    (e) Your request must include the reason why you are unable to meet 
the time requirements. It must also include how you intend to correct 
the shortfall, the time it will take to do so, and what arrangements 
have been made to provide the required response resources and their 
estimated response times.
    (f) The Commandant will only approve waiver requests up to a 
specified time period, depending on the service addressed in the waiver 
request, the operating environment, and other relevant factors. These 
time periods are listed in the table in Sec. 155.4055(g).
    (g) Table 155.4055(g)--Service Waiver Time Periods.

------------------------------------------------------------------------
                                                               Maximum
                                                             waiver time
                          Service                               period
                                                               (years)
------------------------------------------------------------------------
(1) Remote salvage assessment & consultation...............            0
(2) Remote firefighting assessment & consultation..........            0
(3) On-site salvage & firefighting assessment..............            1
(4) Hull and bottom survey.................................            2
(5) Salvage stabilization services.........................            3
(6) Fire suppression services..............................            4
(7) Specialized salvage operations.........................            5
------------------------------------------------------------------------

    (h) You must submit your waiver request 30 days prior to any plan 
submission deadlines identified in this or any other subpart of part 
155 in order for your vessel to continue oil operations.

    Dated: May 1, 2002.
James M. Loy,
Admiral, U.S. Coast Guard, Commandant.
[FR Doc. 02-11376 Filed 5-8-02; 8:45 am]
BILLING CODE 4910-15-P