[Federal Register Volume 63, Number 74 (Friday, April 17, 1998)]
[Rules and Regulations]
[Pages 19190-19192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 160
46 CFR Part 4
[CGD 94-027 and CGD 94-030]
RIN 2115-AE82 and 2115-AE89
Notice of Hazardous Conditions/Immediate Reporting of Casualties
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a final rule which amends the rules
that describe what marine casualties and hazardous conditions require
immediate notice. This rule also clarifies notice procedures. The
reason for the change is to provide mechanisms that will help prevent
another disaster such as the derailment of a passenger train near
Mobile, Alabama, in September 1993. The final rule combines the Notice
of Hazardous Conditions and the Immediate Reporting of Casualties
interim rules that became effective on August 3, 1994. The Notice of
Hazardous Conditions interim rule amending 33 CFR part 160 is adopted
as final without change.
DATES: This final rule is effective on May 18, 1998.
ADDRESSES: Documents indicated in this preamble are available for
inspection or copying at the office of the Executive Secretary, Marine
Safety Council (G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second
Street SW., room 3406, Washington, DC 20593-0001, between 9:30 a.m. and
2 p.m., Monday through Friday, except Federal holidays. The telephone
number is 202 267-1477.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Olsen, Project Manager,
Office of Investigations and Analysis, (G-MOA-1), U.S. Coast Guard,
2100 Second Street, SW., Washington, DC 20593-0001, telephone (202)
267-1430.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 3, 1994, the Coast Guard published in the Federal
Register two interim rules entitled Notice of Hazardous Conditions (59
FR 39458) and Immediate Reporting of Casualties (59 FR 39469). The
Notice of Hazardous Conditions interim rule amended 33 CFR part 160,
and the Immediate Reporting of Casualties interim rule amended 46 CFR
part 4. These rules were published as interim rules because the Coast
Guard determined that it would be contrary to the public interest to
delay publication of rules, which clarified existing law, imposed no
new regulatory requirements, and involved no significant change in
policy. The Coast Guard combined the interim rules into a single final
rule because both were initiated as a result of the derailment of the
Amtrak Sunset Limited passenger train near Mobile, AL. The Coast Guard
received 15 letters commenting on the rulemaking for Immediate
Reporting of Casualties and two additional letters which presented
comments on both the rulemaking for Immediate Reporting of Casualties
and the rulemaking for Notice of Hazardous Conditions. No public
hearing was requested, and none was held as a result of these comments.
Background and Purpose
The derailment of the Amtrak Sunset Limited, a passenger train, on
September 22, 1993, with extensive injury and loss of life, resulted in
a study by the Coast Guard entitled Review of Marine Safety Issues
Related to Uninspected Towing Vessels. This study provided the
Commandant of the Coast Guard with a number of
[[Page 19191]]
recommendations to enhance safety in the towing industry.
One of those recommendations called for a regulatory project to
improve how information concerning allisions is reported. Another
recommendation called for a regulatory project to amend 33 CFR 160.215
to clearly indicate that the required notice of a hazardous condition
includes a hazardous condition caused by a vessel or its operation even
when the hazardous condition is not on board the vessel.
The Commandant concurred with these and other recommendations and
directed the appropriate offices to initiate the regulatory projects.
On March 2, 1994, the Coast Guard published a notice in the Federal
Register (59 FR 10031) announcing a public meeting to review the study
and seek public comment on the recommendations identified in the study.
The meeting took place on April 4, 1994, at Coast Guard Headquarters,
in Washington, DC. This public meeting, comprised mainly of
representatives from the towing industry and the Coast Guard, solicited
and elicited detailed comments concerning the recommendations. These
comments were considered when the Coast Guard developed the interim
rules for the immediate reporting and hazardous condition regulatory
projects.
Discussion of Comments and Changes
1. 33 CFR 160.215
Two comments recommended revising the rule to include language to
protect vessel personnel from employer retaliation when a hazardous
condition or casualty is reported directly to the Coast Guard. An
existing law, 46 U.S.C. 2114, prohibits the discharge of or
discrimination against a seaman by the owner, charterer, managing
operator, agent, master or individual in charge of a vessel when the
seaman in good faith reports or is about to report to the Coast Guard a
violation of 46 U.S.C. subtitle II or related regulations. This statute
clearly expresses that a seaman discharged or discriminated against in
violation of 46 U.S.C. 2114 may bring an action in an appropriate
district court of the United States. The Coast Guard believes that this
statute provides suitable protection and remedy for seamen in such
cases.
2. 46 CFR 4.05-1(a)(1)
One comment questioned the use of the term ``allision'' and
suggested its removal.
However the Coast Guard considers the term ``allision'' to be
appropriate when describing collisions involving vessels and stationary
objects and no change was made to the rule as a result of this comment.
3. 46 CFR 4.05-1(a)(1)
One comment expressed the need to include collisions as reportable
casualties in 46 CFR subpart 4.05. The Coast Guard does not believe
that every collision needs to be reported. Only those collisions that
result in the conditions presented in 46 CFR 4.05-1 (a)(4) through
(a)(7), or those that are the result of a loss detailed in 46 CFR 4.05-
1(a)(3), must be reported.
4. 46 CFR 4.05-1(a)(2)
Another comment suggested that all intended and unintended strikes
with bridges should be considered reportable casualties. The Coast
Guard does not agree with this suggestion. Intended strikes that do not
meet any criterion of 46 CFR subpart 4.05-1 (a)(3) through (a)(7), and
that do not create a hazardous condition, a hazard to navigation, the
environment, or the safety of a vessel; are considered non-reportable
casualties.
5. 46 CFR 4.05-1(a)(3)
Two comments questioned the purpose of requiring immediate
reporting of casualties which occur at sea when no other vessel is
involved. Additionally, the comments contended that there was no added
value in reporting mechanical breakdowns when the breakdowns are
rectified by vessel personnel. The Coast Guard disagrees with these
comments. The collection of casualty related system and vessel
operational data is essential to the Coast Guard's effort in measuring
the effectiveness of its marine safety programs. Thus, no change was
made to the rule as a result of these comments.
6. 46 CFR 4.05-1(a)(6) and 4.05-10(a)
Two comments expressed concern about the increased workload that
may emerge as a result of reporting certain injuries and of reporting
injuries on commercial vessels that render crewmen unfit for duty. The
rule does not create a substantial workload increase to vessel owners,
agents, masters, operators, or persons in charge because it clarifies
an existing requirement and does not place any new requirement on the
public. This eliminates misunderstanding as to what events require a
written report and results in an even greater reduction in workload.
7. 46 CFR 4.05-1 (a) and (b) and 4.05-10(b)
Three comments suggested that the phrase ``filed without delay,''
and the term ``delivered'' used in 46 CFR 4.05-10 required
clarification. The Coast Guard has considered these comments and has
concluded that no change is necessary and that the phrase ``filed
without delay'' and the term ``delivered'' are appropriately used in
the rule.
8. 46 CFR 4.05-10(a)
Three comments questioned the use of the phrase ``any marine
casualty'' in 46 CFR 4.05-10(a). The Coast Guard recognizes that ``any
marine casualty'' could mean those casualties defined by 46 CFR 4.03-1.
However, the Coast Guard only requires written reports for casualties
reported under 46 CFR 4.05-1(a). Therefore, the rule has been amended
to clarify that the term ``marine casualty'' refers only to those
defined in Sec. 4.05-1.
9. 46 CFR 4.05-10(a)
One comment had no suggestions regarding the interim rules, but
requested better instruction on form CG-2692 (Report of Marine
Accident, Injury or Death). The Coast Guard considered this request and
determined that making revisions to form CG-2692 is beyond the scope of
this rulemaking.
10. 46 CFR 4.05-10(b)
The Coast Guard clarifies this section. The term ``notice'' used in
the phrase ``the notice required by paragraph (a) of this section'' is
incorrect. The rule has been amended because paragraph (a) of
Sec. 4.05-10 requires a written report, not a notice.
Regulatory Evaluation
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of the
Order. It has not been reviewed by the Office of Management and Budget
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)].
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary. This finding
rests on the determination that this rule clarifies existing
requirements and does not place any new requirements on the industry.
[[Page 19192]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses and 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 Coast Guard reviewed this rule for potential impact on small
entities and has determined that it does not place any new requirements
on the public or any small entity, because it only clarifies existing
law. Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
offers to assist small entities in understanding the rule so that they
could better evaluate its effects on them and participate in the
rulemaking process. Assistance with provisions of this final rule can
be obtained by contacting Commandant (G-MOA-1), Office of
Investigations and Analysis, 2100 Second Street, SW., Washington, DC
20593-0001, telephone 202-267-1430.
Collection of Information
This final rule contains no new collection-of-information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
the rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under paragraph 2.B.2 e.(34)(a) of Commandant
Instruction M16475.1B, this rule is categorically excluded from further
environmental documentation. This rule concerns administrative matters
which clearly have no environmental impact. A Categorical Exclusion
Determination is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 160
Administrative practice and procedure, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
PART 160--PORTS AND WATERWAYS SAFETY-GENERAL
Accordingly, the interim rule amending 33 CFR part 160 which was
published at 59 FR 39458 on August 3, 1994, is adopted as a final rule
without change.
List of Subjects in 46 CFR Part 4
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Investigations, Marine safety, National Transportation
Safety Board, Reporting and recordkeeping requirements, Safety,
Transportation.
For the reasons discussed in the preamble, the Coast Guard is
adopting the interim rule published at 59 FR 39458, August 3, 1994,
amending 46 CFR part 4 as final with the following changes:
TITLE 46--SHIPPING
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
1. The authority citation for part 4 continues to read as follows:
Authority: 33 U.S.C. 1231; 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.
2. Section 4.05-10 is revised to read as follows:
Sec. 4.05-10 Written report of marine casualty.
(a) The owner, agent, master, operator, or person in charge shall,
within five days, file a written report of any marine casualty required
to be reported under Sec. 4.05-1. This written report is in addition to
the immediate notice required by Sec. 4.05-1. This written report must
be delivered to a Coast Guard Marine Safety Office or Marine Inspection
Office. It must be provided on Form CG-2692 (Report of Marine Accident,
Injury or Death), supplemented as necessary by appended Forms CG-2692A
(Barge Addendum) and CG-2692B (Report of Required Chemical Drug and
Alcohol Testing Following a Serious Marine Incident).
(b) If filed without delay after the occurrence of the marine
casualty, the report required by paragraph (a) of this section suffices
as the notice required by Sec. 4.05-1(a).
Dated: April 9, 1998.
R. C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 98-9921 Filed 4-16-98; 8:45 am]
BILLING CODE 4910-15-P
