[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Notices]
[Pages 314-316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33]
[[Page 314]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
[USCG-1999-5484]
Release of Vessel Response Plan Information on the Internet Under
the Freedom of Information Act
AGENCY: Coast Guard, DOT.
ACTION: Notice of decision.
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SUMMARY: This notice is to inform the submitters of vessel response
plans that the Coast Guard has determined that the release of
information to the general public via the Internet, as described in
this notice, will not cause substantial competitive harm to any
submitter. The information will be released on the Internet and will be
publicly available through our vessel response plan world-wide-web site
http://www.uscg.mil/vrp.
DATES: The release of the VRP information, as described in this notice,
is scheduled to occur on or about February 1, 2000.
ADDRESSES: The Docket Management Facility maintains the public docket
for this notice (USCG-1998-5484). The original predisclosure notice,
all comments subsequently received from the submitters of vessel
response plans, and this notice are part of the docket and are
available for inspection or copying at room PL-401 on the Plaza level
of the Nassif Building, 400 Seventh Street SW., Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. You may also find this docket on the Internet at http://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For questions on this notice, call
Lieutenant Commander John Caplis, Plans and Preparedness Division,
Office of Response, Coast Guard, telephone 202-267-6922, fax 202-267-
4065, or at e-mail address jcaplis@comdt.uscg.mil. For questions on
viewing material in the docket, call Dorothy Walker, Chief, Dockets,
Department of Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The owners and operators of tank vessels are required to submit
vessel response plans to the Coast Guard for review and approval in
accordance with the Oil Pollution Act of 1990 and 33 CFR part 155. An
important aspect of the planning and approval process is the submission
and review of the preparedness arrangements made by the owner/operator
for each Captain of the Port (COTP) zone in which their tank vessel
operates. These arrangements include provisions for a ``qualified
individual'', a spill management team, and contracted response
resources. Contracted response resources include arrangements for oil
spill removal organizations (OSROs), salvage and firefighting
companies, and emergency lightering companies.
As part of our review process, we maintain an electronic database
that tracks both the status of these plans as well as many other
important elements, such as the contracted response resources listed in
the plan for each COTP zone where a vessel operates. We believe that it
is important for Federal, State, and local governments, non-
governmental organizations, response organizations, and other
interested parties within the general public to have ready access to
this pre-spill planning information. This information is critical for
port state officials who are responsible for monitoring activities
within their jurisdictions, as well as entities responsible for
planning response activities in our coastal and riverine communities.
The Coast Guard has been working to make this information available
to the public. In 1997, we developed an Internet website for
disseminating important vessel response plan program information
(http://www.uscg.mil/vrp). A portion of the Internet website provides
the general public with the status of each plan's approval with respect
to each COTP zone. The information available to the general public on
this website will be expanded to include other important data, such as
identity of the contracted response resources listed for each COTP zone
included in a plan.
The information submitted in vessel response plans to the Coast
Guard is covered by the Freedom of Information Act (FOIA), applicable
regulations, and Executive Order 12,600. Exemption 4, which applies to
information submitted to the Government by any private person, applies
here. Exemption 4 shields from release confidential, commercial, or
financial information if the release would cause substantial
competitive harm to the submitter. Executive Order 12,600 also applies
and requires that before any executive agency releases information to
which Exemption 4 would apply, it must give submitters an opportunity
to show that the material is confidential, commercial, or financial
information and, if released, would cause substantial competitive harm
to the themselves. In accordance with Executive Order 12,600, we
published a ``Predisclosure Notice and Request for Comment'' in the
Federal Register on May 4, 1999, announcing our intentions to release
the information on the Internet, and provided the submitters of
response plan information an opportunity to comment.
Discussion of Comments
We received sixteen written letters in response to the
``Predisclosure Notice and Request for Comment''. We received many
comments which raised valid concerns regarding the sensitivity of
certain information contained within the plans. We agree that some of
this information contained within the plans may be inappropriate for
release to the general public on the Internet. In response to these
comments, we have identified areas of sensitive information in this
notice and have restrained certain portions of the information from
being released to the public. The following section summarizes the
comments received and elaborates on our determinations regarding which
information contained within the plans will be released and which
information will be withheld.
Four comments stated that the response plan information should not
be released because it could be misused by terrorists or radical
protest groups. Two comments specifically stated that the ships
drawings and diagrams contained within the response plans should not be
released because they may be used by terrorists or radical extremists.
We are keenly aware of the need to protect people and property from the
unwanted actions of terrorist or extremist groups. However, we disagree
with the statement that the release of some vessel response plan
information will facilitate such actions. The information to be
released on the internet does not contain technical or operational
details that would facilitate the planning of such terrorist-type
activities. The Coast Guard does agree that ship's drawings and
diagrams are sensitive in nature. Ships drawings or diagrams of any
type will not be released on the Internet.
Five comments stated that the response plan information should not
be released because it will make approved plan formats available for
other companies to copy free of charge. We disagree. Entire plans or
plan format information will not be released, only data tables
containing specific pieces of information contained within the plan
will be released on the Internet.
One comment stated that the response plan information should not be
released because worst case discharge data can be equated to fuel
capacities to their vessels. We disagree. The worst case discharge
(WCD) data does not necessarily equate to the fuel capacity for a
vessel. WCD amounts for
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secondary carriers equals 25% of fuel capacity plus cargo tank
capacities. The WCD data released only provides a total amount, and
does not provide a specific breakdown of cargo or fuel tank capacities
that would be needed to determine fuel capacities based on WCD
information.
Ten comments stated that the release of phone or pager numbers for
qualified individuals (QIs), owners, spill management teams (SMTs), or
oil spill removal organizations (OSROs), is an invasion of privacy, and
will clog communications during a response. We agree with these
comments. Phone, pager, and fax numbers or email addresses listed in
the vessel response plans will not be released to the public. For
owners or listed points of contact (POC) for a plan, only the corporate
address or address listed for the plan preparer will be released. The
names of company employees will not be released, except for QIs, or
when the plan POC or owner listed is a named individual rather than a
corporate entity. For OSROs, only company names and prescribed coverage
scenarios (AMPD, MMPD, or WCD) will be released. Since QI's must be
named individuals in the plans as per the regulations, QI names will be
released, but no personal communication information such as phone
numbers, faxes, pagers, home addresses or emails will be released in
connection with their designation as a QI.
One comment stated that response plan information should not be
released because the listing of designated OSROs within a plan will
create controversy between multiple OSROs listed within a plan. We
disagree. It is common industry practice for planholders to contract or
list more than one OSRO within a plan since the resources of multiple
OSROs are likely to mobilize during a response to a large spill. The
nature of the contractual relationship between a planholder and its
OSROs or the criteria used for selecting an OSRO from a multiple
listing of OSROs will not be released on the Internet.
Four comments stated that vessel names, vessel identification
numbers (VINs), vessel dimensions, listed cargoes, and cargo capacities
should not be released because the release of this information will
affect their ability to compete with other companies. We agree that
specific cargo information such as specific product names or amounts
should not be released. Only the generic cargo types (groups I-V),
which are based on a regulatory range of specific gravity's (important
for the types of response arrangements that must be made), and the WCD
amount for the vessel's entire cargo will be released. Cargo tank
capacities or dimensions will not be released. Vessel dimensions (such
as length and beam), vessel name, and vessel identification numbers are
commonly available within the public domain through a variety sources,
and will be released on the Internet.
Two comments stated that the response plan information should not
be released because the release of OSRO data will upset competition
between OSROs and create price increases which will negatively impact
the planholder. We disagree. Competition and the pricing for OSROs will
be driven by market forces. Any price increases for the services of an
OSRO that may occur as a result of new information becoming available
to the public or planholders at large will not be limited to a single
submitter, but is likely to apply equally to all potential planholders.
Two comments stated that the response plan information should not
be released because the terms of contractual information is
proprietary. We agree that the terms of a contractual relationship
between the OSRO and a planholder may be proprietary when the release
of financial information is disclosed. For this reason, the provisions
of the contracts will not be released. Only the name of a provider and
the response coverage to be provided (AMPD, MMPD, WCD) will be
released. No financial information will be released.
One comment stated that response plan information should not be
released because information pertaining to vessel operations and
operating environments is proprietary and will affect their ability to
compete with other companies. We disagree. Proprietary information
pertaining to precise vessel routes, operational schedules, or transfer
points within a specific port will not be released. The designation of
generic operating environments (i.e., rivers, inland, or oceans
environments), however, and the confirmation of lightering potential
for each COTP zone approved in the plan, will be released. This
information will help ensure that the types of OSROs and response
coverage provided within a plan are appropriate for the vessel's stated
operations.
One comment stated that the response plan information should not be
released because it may create additional workloads for companies who
must answer inquiries from the general public regarding their response
plan. We agree that the release of plan information may generate
inquiries from the general public to planholders regarding their
response plans. Public scrutiny of plans will help inform the public
and help ensure quality assurance within the plan. While companies may
receive public inquiries, there is no obligation or requirement being
imposed on the planholder to respond, and all submitters are equally
subject to receiving such inquiries. Such inquiries will not cause
substantial competitive harm to the submitter of a plan.
Two comments stated that the response plan information should not
be released because the information released on the Internet may be out
of date. We disagree. The information to be released on the Internet
will have real time access to the Coast Guard's response plan tracking
database, which is updated daily as plan revisions are received and
processed. The data will reflect the current version of the plans as
they are approved by the Coast Guard at all times.
Discussion of Decision
The information submitted in vessel response plans to the Coast
Guard is covered by the Freedom of Information Act (FOIA), applicable
regulations, and Executive Order 12,600. Under FOIA, information must
be disclosed unless it falls within one of the statute's listed
exemptions. Exemption 4 shields from release confidential, commercial,
or financial information if the release would cause substantial
competitive harm to the submitter. Under Executive Order 12,600 and 49
CFR 7.17, we must have a detailed justification that shows the likely
cause of substantial harm to a submitter's present or future
competitive position, in order to withhold such information.
We have reviewed the comments submitted to the docket and, except
as discussed in this notice, have determined that none of the
objections raised have sufficiently shown that the release of this
information would cause the submitters to suffer substantial
competitive harm. We have determined that there is no substantial
prohibition to the release of the VRP data, as described in this
notice, on the Internet. We have taken a hard look at the objections
raised, and addressed each concern, to ensure that sensitive response
plan information will not be released.
The following general categories of response plan information will
be available to the general public via the Internet: (1) Owner name;
(2) operator name; (3) point of contact information for owner/operator
(addresses only); (4) point of contact information for plan preparer
(address only); (5) date of last plan update; (6) plan approval status;
(7)
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plan approval date; (8) plan expiration date; (9) plan identification
number; (10) vessel name; (11) vessel identification number; (12)
vessel flag; (13) vessel type; (14) hull configuration; (15) vessel
length; (16) cargo types (generic cargo groups based on specific
gravity only, i.e. Groups I-V); (17) primary or secondary carrier
designation; (18) worst case discharge amount; (19) qualified
individuals (name and company only); (20) oil spill removal
organizations (company name and level of response only); (21) other
contracted resources; (22) alternate compliance agreements; (23)
navigational restrictions; and (24) operating environments (generic
operating areas only, i.e. offshore, nearshore, inland, rivers &
canals, Great Lakes).
All submitters who responded with comments to the ``Predisclosure
Notice and Request for Comment'' have been notified by written letter
of our decision to release their information on the Internet. Executive
Order 12,600 provides that before a release of any information to which
Exemption 4 might apply, if the submitters' assertions of
confidentiality or harm are not accepted, the release must be delayed
long enough to allow submitters a reasonable opportunity to obtain a
court order preventing the release. The VRP information, as described
in this notice, is scheduled for release on or about February 1, 2000.
Dated: December 27, 1999.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 00-33 Filed 1-3-00; 8:45 am]
BILLING CODE 4910-15-U
