[Federal Register Volume 59, Number 243 (Tuesday, December 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31240]
[[Page Unknown]]
[Federal Register: December 20, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 151
46 CFR Part 4
[CGD 91-216]
RIN 2115-AD98
Reporting Marine Casualties
AGENCY: Coast Guard, DOT.
ACTION: Notice of meeting; request for comments.
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SUMMARY: The Coast Guard announces an open meeting to hear the public's
opinions on how best to implement amendments contained in the Oil
Pollution Act of 1990 (OPA 90) that relate to the statutory obligation
of certain U.S. and foreign flag vessels to report to the Coast Guard
specific ``marine casualties.'' Following the public meeting, the Coast
Guard will decide whether to propose changes to existing regulations,
to propose new regulations, or to implement the statutory changes
through non-regulatory means.
DATES: The meeting will be held January 20, 1995, from 9 a.m. to 12
a.m. Written comments must be received not later than February 20,
1995.
ADDRESSES: The meeting wll be held in room 2415, Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001.
Written comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593-0001, or may be delivered to room 3406 at the same
address between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays. Comments become part of this docket (CGD 91-216) and
are available for inspection or copying at room 3406, Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Pamela M. Pelcovits, Oil Pollution Act
(OPA 90) Staff (G-MS-A), U.S. Coast Guard, 2100 Second Street SW.,
Washington, DC 20593, telephone (202) 267-6740. This telephone is
equipped to record messages on a 24-hour basis.
SUPPLEMENTARY INFORMATION: Current Coast Guard regulations in part 4 of
title 46 of the Code of Federal Regulations (CFR) meet the requirements
of 46 U.S.C. 6101 for reporting of the following marine casualties: (1)
Death of an individual; (2) serious injury to an individual; (3)
material loss of property; and (4) material damage affecting the
seaworthiness or efficiency of the vessel. Part 4 covers submittal of
timely reports and investigation by the Coast Guard.
In addition, under the current regulations, U.S. flag vessels are
required to report a marine casualty, to the Coast Guard, regardless of
the jurisdiction in which the casualty occurs. However, current Coast
Guard regulations do not require foreign flag vessels to report any
marine casualty, such as a non-operational discharge of oil, when
operating in waters beyond the navigable waters of the United States.
The Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380) amends 46
U.S.C. 6101 by adding the term ``significant harm to the environment''
to the list of reportable marine casualties. The amendment also
provides that foreign flag tank vessels operating in waters subject to
U.S. jurisdiction beyond the navigable waters of the United States
(i.e., within the exclusive economic zone (EEZ)) must report to the
extent consistent with generally recognized principles of international
law, two categories of marine casualties, those resulting in--(1)
material damage affecting the seaworthiness or efficiency of a vessel;
and (2) significant harm to the environment.
The Coast Guard is interested in information and opinions
concerning how the Coast Guard should respond to the following major
issues raised by the amendments to 46 U.S.C. 6101 as set forth in OPA
90.
1. Should regulatory changes be made to define and secure reporting
of ``significant harm to the environment'' casualties in the U.S.
navigable waters (foreign flag and U.S. flag vessels)? Do the
provisions in 46 CFR 4.03-2 (b) and (c) adequately define incidents
which include those having a potential to cause ``significant harm to
the environment?''
2. How should the Coast Guard define and implement the requirement
for reporting of ``significant harm to the environment'' and ``material
damage'' casualties for foreign flag tank vessels in waters subject to
U.S. jurisdiction, including the EEZ, consistent with ``generally
recognized principles of international law?'' Do the provisions of 46
CFR 4.05-1(b) and (c) adequately define incidents which include
``material damage?''
3. How should the Coast Guard impose any reporting requirements for
foreign tank vessels in the EEZ--on inbound, outbound, or transiting
vessels?
4. Should any regulations be located as amendments to the existing
regulations under 46 U.S.C. 6101 at 46 CFR part 4 or in the pollution
prevention regulations implementing international pollution control
agreements (33 CFR part 151)?
Attendance at the January 20, 1995 meeting is open to the public.
With advance notice, and as time permits, members of the public may
make oral presentations during the meeting. Persons wishing to make
oral presentations should call the number listed in FOR FURTHER
INFORMATION CONTACT no later than the day before the meeting. Written
comments may be submitted prior to, during, or after the meeting.
Dated: December 14, 1994.
Norman W. Lemley,
Acting Chief, Office of Marine Safety, Security and Environmental
Protection.
[FR Doc. 94-31240 Filed 12-19-94; 8:45 am]
BILLING CODE 4910-14-M
