[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1780-1789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00278]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 140 and 146
46 CFR Parts 4 and 109
[Docket No. USCG-2013-1057]
RIN 1625-AB99
Marine Casualty Reporting on the Outer Continental Shelf
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes broadening the regulatory
requirements for reporting marine casualties that occur on the U.S.
Outer Continental Shelf (OCS). The limited reporting requirements
currently applicable to foreign-flag OCS units in those waters would be
replaced with the broader requirements currently applicable to U.S.-
flag OCS units and to marine casualties occurring elsewhere in U.S.
waters. The proposed changes would improve the Coast Guard's ability to
collect and analyze casualty data for incidents on the OCS, in the
interest of maintaining and improving safety on the OCS. This proposed
rule would support the Coast Guard's maritime safety and stewardship
missions.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before April 10,
2014 or reach the Docket Management Facility by that date. Comments
sent to the Office of Management and Budget (OMB) on collection of
information must reach OMB on or before April 10, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-1057 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section
[[Page 1781]]
below for instructions on submitting comments.
Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.D. of this notice of
proposed rulemaking (NPRM), you must also send comments to the Office
of Information and Regulatory Affairs (OIRA), Office of Management and
Budget. To ensure that your comments to OIRA are received on time, the
preferred methods are by email to [email protected] (include
the docket number and ``Attention: Desk Officer for Coast Guard, DHS''
in the subject line of the email) or fax at 202-395-6566. An alternate,
though slower, method is by U.S. mail 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Dan Lawrence, Vessel and Facility Operating
Standards Division (CG-OES-2), telephone 202-372-1382, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting comments
B. Viewing comments and documents
C. Privacy Act
D. Public meeting
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2013-1057), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2013-1057'' in the ``Search'' box. Click on ``Submit a
Comment'' in the ``Actions'' column. If you submit your comments 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 comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert ``USCG-2013-1057 in the ``Search'' box. Click ``Search.'' Click
the ``Open Docket Folder'' in the ``Actions'' column. If you do not
have access to the internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the Department of Transportation West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not plan to hold a public meeting. You may submit a request
for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
BSEE Bureau of Safety and Environmental Enforcement
COI Collection of information
DHS Department of Homeland Security
DP Dynamic positioning
E.O. Executive Order
FR Federal Register
MODU Mobile offshore drilling unit
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
Sec. Section symbol
U.S.C. United States Code
III. Basis and Purpose
The legal basis for this rulemaking is 43 U.S.C. 1333(d)(1), which
authorizes the Secretary of the Department in which the Coast Guard is
operating to promulgate and enforce necessary and reasonable
regulations relating to the promotion of safety of life and property on
Outer Continental Shelf (OCS) units and adjacent waters. The
Secretary's authority is delegated to the Coast Guard by Department of
Homeland Security Delegation No. 0170.1 (90).
The purpose of this notice of proposed rulemaking (NPRM) is to
propose changes to Coast Guard regulations to improve the Coast Guard's
ability to capture data on casualties that occur on the U.S. OCS. That
data is essential to analyze the effectiveness of current Coast Guard
regulations on OCS safety and for any future improvements to those
regulations.
IV. Background
In 33 CFR subchapter N (33 CFR parts 140-147), the Coast Guard
regulates OCS facilities, vessels, and other units engaged in OCS
activities (collectively, ``OCS units'') on the U.S. OCS. See 33 CFR
140.3. The U.S. OCS includes ``all submerged lands lying seaward and
outside of the area of `lands beneath navigable waters' as defined in
section 2(a) of the Submerged Lands Act (43 U.S.C. 1301(a)) and of
which the subsoil and seabed appertain to the United
[[Page 1782]]
States and are subject to its jurisdiction and control.'' 33 CFR
140.10. OCS activity is defined as ``any offshore activity associated
with exploration for, or development or production of, the minerals of
the Outer Continental Shelf.'' 33 CFR 140.10. Subchapter N applies to
offshore activity conducted by U.S.- or foreign-flag OCS units.\1\
---------------------------------------------------------------------------
\1\ Foreign OCS units generally must employ only U.S. citizens
or resident aliens engaged in OCS activities. See 33 CFR 141.15(a).
---------------------------------------------------------------------------
Under 33 CFR 146.30, the owner, operator, and person in charge of
an OCS facility (other than a mobile offshore drilling unit (MODU), see
33 CFR 146.1) must report to the Coast Guard as soon as possible any
casualties involving death, injury to five or more persons in a single
incident, incapacitation of any person for more than 72 hours, damage
to primary lifesaving or firefighting equipment, and certain other
property damage in excess of $25,000. Under 33 CFR 146.35, the initial
notice of casualty report required in Sec. 146.30 must be followed up
in writing with, among other information, a description of the factors
that may have contributed to the casualty, including any ``alcohol or
drug involvement as specified in the vessel casualty reporting
requirements of 46 CFR 4.05-12.'' 33 CFR 146.35(a)(7).
Under 33 CFR 146.303, the owner, operator, or person in charge of a
vessel \2\ (including a MODU) engaged in OCS activities must report to
the Coast Guard as soon as possible casualties involving death, injury
to five or more persons in a single incident, or the incapacitation of
any person for more than 72 hours.
---------------------------------------------------------------------------
\2\ ``Vessel means ``every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water.'' 33 CFR 140.10.
---------------------------------------------------------------------------
The Coast Guard also has existing marine casualty reporting
regulations in 46 CFR part 4. Part 4 applies to any marine casualty
that ``occurs upon the navigable waters of the United States, its
territories or possessions'' or that involves ``any United States
vessel wherever such casualty or accident occurs.'' 46 CFR 4.03-1(a).
Generally, the navigable waters of the United States cover the U.S.
territorial seas and internal waters, and not the waters of the U.S.
OCS. 33 CFR 2.36(a).\3\ Thus, part 4 applies to U.S.-flag OCS vessels,
but, in general, does not apply to foreign-flag OCS vessels operating
on the U.S. OCS.\4\ Nor does part 4 apply to OCS facilities or other
OCS units.
---------------------------------------------------------------------------
\3\ For the limited purpose of applying the Federal Water
Pollution Control Act, 33 U.S.C. 1321 and 1322, ``navigable waters
of the United States.'' also includes ``[o]ther waters over which
the Federal Government may exercise Constitutional authority.'' 33
CFR 2.36(b).
\4\ There is an exception to this general foreign-vessel
exemption for certain foreign tank vessel casualties occurring
outside U.S. navigable waters but within the U.S. Exclusive Economic
Zone (including the U.S. OCS), in 46 CFR 4.05-2(b).
---------------------------------------------------------------------------
Under 46 CFR 4.05-1, ``immediately after the addressing of
resultant safety concerns,'' a vessel's ``owner, agent, master,
operator, or person in charge'' must report to the Coast Guard most
casualties involving grounding, allision, loss of propulsion or vessel
maneuverability, impacts to vessel seaworthiness or fitness for service
or route, loss of life, injury requiring professional medical
treatment, property damage in excess of $25,000, or ``significant harm
to the environment'' as defined in 46 CFR 4.03-65. The initial report
under Sec. 4.05-1 must be followed within 5 days by a written report
that must discuss any alcohol or drug involvement. See 46 CFR 4.05-
10(a), 4.05-12(a).
Table 1 highlights the relative Coast Guard marine casualty
reporting requirements of 33 CFR part 146 and 46 CFR part 4. (Please
note that the Department of the Interior's Bureau of Safety and
Environmental Enforcement (BSEE) also requires OCS lessees and right-
of-way holders to report incidents addressed in BSEE regulations at 30
CFR 250.188. The BSEE's regulations cover only those OCS units that are
permanently or semi-permanently attached to the seabed or subsoil of
the OCS, not vessels. The Coast Guard and the BSEE work together to
ensure that duplicative reporting is not required.)
Table 1--Coast Guard Marine Casualty Reporting Requirements
------------------------------------------------------------------------
Coast Guard-- 33 Coast Guard-- 46 CFR
Topic CFR part 146 part 4
------------------------------------------------------------------------
Statutory authority........... 43 U.S.C. 1333... 43 U.S.C. 1333; 46
U.S.C. 2103, 2303a,
2306, 6101, 6301.
Applies to--.................. U.S. or foreign U.S. or foreign
OCS unit * vessel on U.S.
engaged in OCS navigable waters,*
activities.* 33 or U.S. vessel on
CFR 140.3, any waters. 46 CFR
146.1, 146.301. 4.03-1.
Reportable casualties......... Death............ Vessel in distress/
Injuries to 5+ loss of
persons. communication with
Incapacitation vessel.
>72 hours; Death
Property damage Injury
>$25,000 Property damage
(facilities >$25,000
only).. Grounding.
33 CFR 146.30, Allision.
146.303..
Loss of--
Main
propulsion.
Primary
steering.
Associated
systems/
components
affecting
maneuverability.
Impairment of--
Vessel
operation.
Vessel
components.
Cargo.
Material/adverse
impact to vessel's--
Seaworthiness.
Fitness
for service.
Fitness
for route.
Examples--
fire, flooding,
failure of/damage
to fire
extinguishing,
lifesaving,
auxiliary power,
bilge pumping
systems.
Significant harm to
the environment
(defined in 46 CFR
4.03-65).
46 CFR 4.04-1, 4.04-
2, 4.05-1.
[[Page 1783]]
When to report................ As soon as Immediately after
possible. 33 CFR addressing resultant
146.30, 146.303.. safety concerns. 46
CFR 4.05-1.
Subsequent reports............ Within 10 days, Within 5 days,
describe written casualty
possible report required;
contributing must describe role
factors. 46 CFR of any alcohol/drug
146.35, 146.303.. use. 46 CFR 4.05-10,
4.05-12.
Alcohol/drug testing.......... Required. 46 CFR Required. 46 CFR 4.05-
146.35, 146.303.. 12.
------------------------------------------------------------------------
* TERMS USED IN TABLE:
U.S. navigable waters = in general, U.S. internal waters and 12-nautical
mile wide zone of U.S.-adjacent waters (see 33 CFR 2.22, 2.36; 46 CFR
4.03-1).
OCS activities = any offshore activity associated with exploration for,
or development or production of, the minerals of the Outer Continental
Shelf (see 33 CFR 140.10).
OCS unit = a facility, vessel, or other unit engaged in OCS activities
(see 33 CFR 140.10).
V. Discussion of Proposed Rule
The effective formulation of Coast Guard policy to maintain a safe
working environment on the U.S. OCS requires collecting and analyzing
casualty data. However, our data collection is compromised because,
today, there is a disparity between the general marine casualty
reporting provisions of 46 CFR part 4 and the casualty reporting
provisions of 33 CFR part 146, which apply only to OCS activities.
Currently, foreign-flag OCS units must report casualties only under 33
CFR part 146, whereas U.S.-flag OCS units are subject to 33 CFR part
146 and also to the broader reporting requirements of 46 CFR part 4. We
are concerned that some marine casualties on the U.S. OCS go unreported
because, at present, much of the OCS activity on the U.S. OCS is
conducted by foreign-flag OCS units.
To illustrate the difference in how U.S.- and foreign-flag OCS
units are required to report casualties, consider dynamic positioning
(DP) systems. OCS vessels increasingly use DP which, through the use of
global positioning systems, operates vessel thrusters, steering, and
main propulsion to keep the unit, albeit still underway, in a desired
location, unanchored, while it engages in OCS activity. If a U.S.-flag
OCS vessel loses its primary and backup DP capability so that it can no
longer maintain its location, the loss is a reportable marine casualty
because it reduces the vessel's maneuverability. See 46 CFR 4.05-
1(a)(3).\5\ However, the same incident on a foreign-flag OCS vessel is
not reportable under 33 CFR 146.303 unless it results in death,
multiple injuries, or an individual's lengthy incapacitation. This
disparity between the reporting requirements of 33 CFR part 146 and 46
CFR part 4 prevents the Coast Guard from collecting data on many
incidents that have significant safety implications for the U.S. OCS
environment and the lives of U.S. citizens and resident aliens working
there.
---------------------------------------------------------------------------
\5\ Not every DP incident constitutes a reportable marine
casualty. Currently, DP incidents that do not rise to the level of a
marine casualty do not need to be reported to the Coast Guard. The
Coast Guard intends to develop a rulemaking to address DP incident
reporting requirements and minimum DP system design and operating
standards, and has published interim voluntary guidance for DP
operations and the reporting of DP incidents (77 FR 26562; May 4,
2012).
---------------------------------------------------------------------------
In April 2010, explosions on the Deepwater Horizon, a foreign-flag
MODU, in Gulf of Mexico-U.S. OCS waters led to fire, the sinking of the
MODU, 11 deaths, and the largest oil spill in U.S. history. In 2008,
the Deepwater Horizon had two separate incidents involving flooding and
total loss of power that a U.S.-flag MODU would have been required to
report under 46 CFR 4.05-1, but which, under 33 CFR 146.303, did not
constitute reportable marine casualties and were not investigated by
the MODU's flag state or by the Coast Guard. Following the 2010
incident, Coast Guard investigators concluded that the casualty
reporting requirements for foreign-flag OCS units found in 33 CFR part
146 were ``insufficient,'' and that, had the 2008 incidents been
investigated, important contributing factors in the 2010 disaster could
have been brought to light and remedied. The investigators recommended
that the Coast Guard ``revise the current marine casualty reporting
requirements and drug testing requirements for foreign-flag MODUs
operating on the OCS and make them consistent with the requirements for
U.S.-flag MODUs.'' \6\
---------------------------------------------------------------------------
\6\ Report of Investigation into the Circumstances Surrounding
the Explosion, Fire, Sinking and Loss of Eleven Crew Members Aboard
the MOBILE OFFSHORE DRILLING UNIT DEEPWATER HORIZON-- In the GULF OF
MEXICO April 20-22, 2010, Volume I, pp. 92, 109 (Conclusion 5.I).
With respect to drug testing, it is not a focus of this NPRM.
However, by making all OCS units subject to the requirements of 46
CFR part 4, they would all be subject to that part's provisions for
alcohol and drug testing in the wake of certain marine casualties,
such as 46 CFR 4.05-12 and subpart 4.06.
---------------------------------------------------------------------------
We do not suggest that the proposed rule by itself would have
prevented the Deepwater Horizon disaster, but the proposed rule is in
line with the investigators' recommendation. It would also place all
OCS units, whether U.S flag. or foreign flag, on the same regulatory
footing with respect to casualty reporting, thereby increasing the
likelihood that we will have more complete casualty data for incidents
occurring on the U.S. OCS.
We propose the following regulatory amendments.
In 33 CFR, proposed Sec. 140.50 would effectively transfer marine
casualty reporting requirements for OCS units from 33 CFR subchapter N
to 46 CFR part 4. Section 140.50 would also refer regulated parties to
other Coast Guard regulations that must be followed in the event an
incident occurs that involves a ``commercial diving operation,'' a
``hazardous condition,'' or an ``occurrence which poses an imminent
threat of oil pollution.'' We propose removing existing 33 CFR 146.30,
146.35, 146.40, 146.45, 146.301, and 146.303, all of which address
marine casualties and accidents.
We propose amending 46 CFR 4.01-1 to state that, in general and
with respect to the OCS, part 4 applies to all OCS units, not just OCS
vessels.
In 46 CFR 4.03-1, we propose deleting the introductory language and
modifying the existing language of paragraph (a) and the introductory
language of paragraph of (b), for greater clarity, but without
substantive change. We also propose adding a new paragraph (a)(3) so
that the term ``marine casualty or accident'' specifically includes
casualties or accidents involving OCS units engaged in OCS activities.
We propose adding 46 CFR 4.03-8 to define ``OCS unit'' as it is
defined in 33 CFR 140.10, modified only to reflect the definitions of
``OCS activity'' and ``OCS facility'' found in Sec. 140.10. Because 46
CFR part 4 currently lacks a general
[[Page 1784]]
definition for ``vessel,'' we propose adding new 46 CFR 4.03-9 to
define ``vessel'' as it is defined in 1 U.S.C. 3 and 46 U.S.C. 2101 and
to explain that, for the purposes of part 4, ``vessel'' includes OCS
units unless regulatory text specifically excludes them.
We propose adding 46 CFR 4.05-1(a)(9)-(a)(11) to require notice in
the event of any marine casualty listed in 46 CFR 4.03-1(a). As we
propose in 33 CFR 140.50, we would also refer regulated parties to
other Coast Guard regulations that must be followed in the event an
incident occurs that involves a ``commercial diving operation,'' a
``hazardous condition,'' or an ``occurrence which poses an imminent
threat of oil pollution.''
Finally, we propose amending 46 CFR 109.411 so that MODUs, like
other OCS units, would be subject to the marine casualty and accident
provisions of 46 CFR part 4, except insofar as existing 46 CFR 109.415
provides MODU-specific record retention requirements in the event of a
casualty.
VI. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
A. Regulatory Planning and Review
Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget (OMB) has not reviewed it under that Order.
Nonetheless, we developed an analysis of the costs and benefits of the
proposed rule to ascertain its probable impacts on industry. We
consider all estimates and analysis in this Regulatory Analysis to be
preliminary and subject to change in consideration of public comments.
A preliminary regulatory assessment follows:
The proposed rule would amend current Coast Guard regulations under
which foreign-flag OCS units are subject only to the relatively limited
marine casualty reporting requirements of 33 CFR subchapter N, while
U.S.-flag OCS units are subject to the broader reporting requirements
of 46 CFR part 4. The proposed amendments would place both U.S.- and
foreign-flag OCS units under the 46 CFR part 4 reporting requirements.
Affected Population
A breakdown of the affected population appears below.
Table 2--Foreign Vessel and Floating Facility Population
------------------------------------------------------------------------
Unit class Frequency
------------------------------------------------------------------------
Industrial Vessels \7\..................................... 310
Oil Recovery Vessels \8\................................... 9
MODUs \9\.................................................. 73
------------------------------------------------------------------------
Vessel Subtotal 319
------------------------------------------------------------------------
Floating OCS Facilities \10\............................... 28
------------------------------------------------------------------------
Total Vessels and Facilities........................... 420
------------------------------------------------------------------------
All of the units affected by this proposed rule are foreign-flag.
No U.S.-flag OCS units are affected by this proposed rule because they
are currently covered by these requirements.
---------------------------------------------------------------------------
\7\ Obtained via queries of the MISLE (Marine Information for
Safety and Law Enforcement) database, maintained by the U.S. Coast
Guard.
\8\ Obtained via queries of the MISLE.
\9\ Rigzone, http://www.rigzone.com/data/utilization_region.asp, accessed 9/25/2013.
\10\ Obtained via queries of the MISLE.
---------------------------------------------------------------------------
Costs
Forms CG-2692, CG-2692A, and CG-2692B
The proposed rule would require owners, operators, masters, or
persons in charge of foreign-flag OCS units and U.S. OCS units, engaged
in OCS activities, to provide timely notification by telephone or
radio, or via third party, and complete the associated marine casualty
reporting forms: Form CG-2692 and, as appropriate, Forms CG-2692A
(Barge Addendum) and CG-2692B (Report of Required Chemical Drug and
Alcohol Testing Following a Serious Marine Incident). The instructions
on Form CG-2692 currently state that vessels need to report, ``A. All
accidental groundings and any intentional grounding which also meets
any of the other reporting criteria or creates a hazard to navigation,
the environment, or the safety of the vessel; B. Loss of main
propulsion or primary steering, or an associated component or control
system, the loss of which causes a reduction of the maneuvering
capabilities of the vessel. Loss means that systems, component parts,
subsystems, or control systems do not perform the specified or required
function; C. An occurrence materially and adversely affecting the
vessel's seaworthiness or fitness for service or route including but
not limited to fire, flooding, failure or damage to fixed fire
extinguishing systems, lifesaving equipment or bilge pumping systems;
D. Loss of life; E. An injury that requires professional medical
treatment (beyond first aid) and, if a crewmember on a commercial
vessel, that renders the individual unfit to perform routine duties; F.
An occurrence not meeting any of the above criteria but resulting in
damage to property in excess of $25,000. Damage cost includes the cost
of labor and material to restore the property to the condition which
existed prior to the casualty, but it does not include the cost of
salvage, cleaning, gas freeing, drydocking or demurrage.'' The
instructions also state for MODUs, ``3. MODUs are vessels and are
required to report an accident that results in any of the events listed
by Instruction 2-A through 2-F for vessels.'' The instructions continue
for OCS facilities: ``4. All OCS facilities (except mobile offshore
drilling units) engaged in mineral exploration, development or
production activities on the Outer Continental Shelf of the U.S. are
required by 33 CFR 146.30 to report accidents resulting in: A. Death;
B. Injury to 5 or more persons in a single incident; C. Injury causing
any person to be incapacitated for more than 72 hours; D. Damage
affecting the usefulness of primary lifesaving or fire fighting
equipment; E. Damage to the facility in excess of $25,000 resulting
from a collision by a vessel; F. Damage to a floating OCS facility in
excess of $25,000. 5. Foreign vessels engaged in mineral exploration,
development or production on the U.S. Outer Continental Shelf, other
than vessels already required to report by Instructions 2 and 3 above,
are required by 33 CFR 146.303 to report casualties that result in any
of the following: A. Death; B. Injury to 5 or more persons in a single
incident; C. Injury causing any person to be incapacitated for more
than 72 hours.'' Finally, Form CG-2692 has instructions for foreign
vessels, ``5. Foreign vessels engaged in mineral
[[Page 1785]]
exploration, development or production on the U.S. Outer Continental
Shelf, other than vessels already required to report by Instructions 2
and 3 above, are required by 33 CFR 146.303 to report casualties that
result in any of the following: A. Death; B. Injury to 5 or more
persons in a single incident; C. Injury causing any person to be
incapacitated for more than 72 hours.''
Under this proposed rule, Form CG-2692 would require both U.S.-flag
and foreign-flag OCS units to report casualties beyond those required
by existing regulatory requirements, which at present are limited to
the relatively narrow casualty reporting requirements of 33 CFR part
146, instead of the broader reporting requirements of 46 CFR part 4
that apply to U.S.-flag OCS units. This NPRM proposes extending the 46
CFR part 4 requirements to foreign-flag OCS units. All U.S.-flag OCS
vessels already comply with these requirements. The Coast Guard's
Marine Information for Safety and Law Enforcement (MISLE) database
contains 45 casualty incident reports from foreign-flag OCS units in 1
year, demonstrating some level of current compliance with the proposed
requirements. However, experience with the Deepwater Horizon MODU in
2008 (before the 2010 casualty resulting in the loss of that MODU)
indicates that not all foreign-flag OCS units are voluntarily reporting
casualties. The proposed requirements are expected to result in a
greater level of reporting by owners, operators, masters, or persons in
charge of foreign-flag OCS units.
To estimate the greater level of reporting and associated costs
that would be expected by owners, operators, masters, or persons in
charge of foreign-flag OCS units under the proposed rule, we compared
the relative number of reports from foreign-flag OCS units under other
requirements to the number of reports from U.S.-flag OCS units. We
extrapolated the ratio of reporting between U.S.- and foreign-flag
MODUs under current regulations to project the level of additional
reporting for foreign-flag MODUs under the proposal. We collected data
from MISLE for all Forms CG-2692 received by the Coast Guard in 1 year.
We have 391 forms reported by foreign-flag MODUs and 239 forms reported
by U.S.-flag MODUs. Foreign-flag OCS units reported 346 incidents that
are required to be reported by current regulations, and 45 reports for
incidents voluntarily reported that would be required under the
proposed rule. U.S.-flag OCS units reported 239 incidents, with 199
incidents of the same category as the 346 reported by foreign-flag OCS
units, and 40 incidents of the same category as the 45 voluntary
reports by foreign-flag OCS units. The foreign-flag OCS units reported
approximately 63 percent of the current required reports (63 percent =
[346/(346 + 199) x 100]). If we assume the ratio would remain the same
for reports of incidents that would be required in the proposed
regulation, foreign-flag OCS units would report approximately 70
incidents per year (70 = 40 x 346/199), or 25 more than the 45 per year
currently being reported voluntarily.\11\
---------------------------------------------------------------------------
\11\ The ratio of foreign to domestic OCS required reports is:
346/199 = 1.74. If we assume that ratio holds and we have the number
of domestic incidents required by the newly proposed regulation
(40), then the equation is as follows: x/40 = 346/199 where x =
foreign incidents that will now be required to be reported by the
proposed regulation. That equation can then be converted to 199x =
40 x 346 = 13,840. Therefore, x = 13,840/199 = 69.6 foreign
incidents that will now be reported. The equation can also be
written as follows: 40 x 1.74 = 69.6 rounded to 70. If we add the 40
domestic incidents to the estimated 70 foreign incidents, we get a
total of 110. 70/110 equals roughly 63% when rounding throughout the
equation.
Table 2--Form CG-2692 Baseline Reporting Behavior
----------------------------------------------------------------------------------------------------------------
Currently
required
OCS Units reporting for Other reporting Total number of
both foreign and forms submitted
U.S.
----------------------------------------------------------------------------------------------------------------
Foreign-flag........................................... 346 * 45 391
U.S.-flag.............................................. 199 ** 40 239
----------------------------------------------------------------------------------------------------------------
* Current voluntary reporting by foreign-flag OCS units.
** Currently required by U.S.-flag OCS units.
We assume the industry time needed to complete Form CG-2692 is 1
hour, based on ICR 1625-0001. Form CG-2692 is a machine-writable PDF
form that can be transmitted by email, fax, or letter. The Coast Guard
estimates that the cost to complete Form CG-2692 is $27.\12\
---------------------------------------------------------------------------
\12\ The cost for completing Form CG-2692 is based on the fully
loaded GS-03 out of government rate according to COMDTINST 7310.1N.
The level of staff required to complete this form is equivalent to
an administrative assistant.
---------------------------------------------------------------------------
At a unit cost of $27, the 1-year industry cost for this proposed
rule is $675 (= $27 x 25). The 10-year undiscounted industry cost is
$6,750. The 10-year discounted industry cost is approximately $5,758 at
a 3-percent discount rate, and $4,741 at a 7-percent discount rate.
We estimate that the government will incur costs to process these
reports. We estimate that the average hourly wage rate is $42
dollars.\13\ We estimate that the time to process the report is 1 hour.
The 1-year cost for the government is approximately $1,050 (= $42 per
hour x 1 hour x 25 reports). The 10-year undiscounted government cost
is approximately $10,500. The 10-year discounted government cost is
approximately $8,957 at a 3-percent discount rate, and $7,375 at a 7-
percent discount rate.
---------------------------------------------------------------------------
\13\ The cost for the government to process Form CG-2692/CG-
2692A/CG-2692B is based on the fully loaded E-4 in government rate
according to COMDTINST 7310.1N.
---------------------------------------------------------------------------
The total private sector and government 10-year undiscounted cost
for the proposed rule is approximately $17,250. Annualized costs
(private sector and government) are approximately $1,725 at both 3- and
7-percent discount rates.
Chemical Testing
The requirements for chemical testing following a serious marine
incident (as defined in 46 CFR 4.03-2) would be extended to foreign-
flag OCS units engaged in OCS activities. The Coast Guard has
identified two serious marine incidents in 2010, seven in 2011, and two
in 2012 involving foreign-flag OCS units engaged in OCS activities. We
do not expect that serious marine incidents, because of their nature,
go unreported by owners, operators, masters, or persons in charge of
foreign-flag OCS units. After each of these incidents, the owner,
operator, master, or person in charge voluntarily submitted the
required chemical testing of the involved crew members to the Coast
Guard. We know that foreign-flag
[[Page 1786]]
OCS units engaged in OCS activities currently report serious marine
incidents and conduct post-incident chemical tests, and we expect that
behavior to continue. Therefore, the Coast Guard estimates that
industry would not incur additional costs to comply with the chemical
testing provisions of this proposed rule.
Benefits
The proposed rule addresses the Coast Guard's concern that
incidents involving foreign-flag OCS units are underreported. These
incidents may not be ``serious marine incidents'' as defined in 46 CFR
4.03-2; nevertheless, it may be important for the Coast Guard to be
aware of them. After the 2010 Deepwater Horizon incident--a serious
marine incident in which 11 persons died and which resulted in an oil
spill of national significance--the Coast Guard discovered that the
Deepwater Horizon had two prior marine casualties in 2008, neither of
which were ``serious marine incidents'' but which nevertheless pointed
to problems with the Deepwater Horizon's safety and ability to respond
to safety incidents. These two prior casualities in 2008 were not
reported to the Coast Guard. This proposed rule would extend the marine
casualty reporting requirements of 46 CFR part 4 to foreign-flag OCS
units that currently are subject only to the relatively limited
reporting requirements of 33 CFR part 146, essentially aligning the
regulations with the current instructions of associated Forms CG-2692,
CG-2692A and CG-2692B. The benefits of compliance would be improved
maritime domain awareness. We have long recognized that provision of
adequate maritime safety, security, and environmental protection
requires timely reporting of casualties to provide the Coast Guard and
other stakeholders with information needed to plan contingencies,
evaluate risk, conduct trend analysis, and provide timely information.
B. Small Entities
Under the Regulatory Flexibility Act (RFA) (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 less than 50,000.
The proposed rule would not impact any U.S. entities. We estimate
that 25 foreign-flag OCS units could incur an annual cost of $27. For
these annual costs to have a significant economic impact on these
entities, the foreign-flag OCS units would need to have annual revenues
less than $2,700 per year.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities.
We are interested in the potential impacts from this proposed rule
on small businesses and we request public comment on these potential
impacts. If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why, how, and to what degree you think this proposed
rule would have an economic impact on you.
C. 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 potential effects on them, if any, and participate in the
rulemaking. If you believe this proposed rule would affect your small
business, organization, or governmental jurisdiction, and you have
questions concerning its provisions or options for compliance, please
submit a comment to the Docket Management Facility at the address under
ADDRESSES. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard. Small businesses may also send comments on
the actions of Federal employees who enforce, or otherwise determine
compliance with, Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of the Coast
Guard, call 1-888-REG-FAIR (1-888-734-3247).
D. Collection of Information.
This proposed rule would call for no new collection of information
(COI) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)
but would increase the number of affected facilities and the burden for
an existing COI number 1625-0001, as described below.
Title: Marine Casualty Information & Periodic Chemical Drug and
Alcohol Testing of Commercial Vessel Personnel
OMB Control Number: 1625-0001
Summary of the Collection of Information:
This proposed rule would require responses such as the preparation
of written notification in the form of a CG-2692, Report of Marine
Accident, Injury, or Death, and the maintenance of records. The
collection of information would aid the regulated public in assuring
safe practices.
Need for Information: We need this information to determine whether
an entity is meeting the regulatory requirements.
Proposed Use of Information: We would use this information to
capture data on casualties that occur on the U.S. OCS.
Description of the Respondents: The respondents are owners and
operators of foreign-flag units engaged in OCS activities.
Number of Respondents: This collection of information applies to
owners and operators of foreign-flag units engaged in OCS activities.
We estimate the maximum number of respondents affected by this proposed
rule to be 25 per year.
Frequency of Response: The development of the notification is only
required if a marine casualty occurs as defined in these parts.
Burden of Response: We estimate that the development of the
notification would take a given owner/operator 1 hour to complete the
CG-2692.
Estimate of Total Annual Burden: We estimate the number of
responses would increase by 25 per year. Therefore, the proposed rule
would increase the annual burden by 25 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit 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
[[Page 1787]]
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
Congress specifically granted the authority to regulate artificial
islands, installations, and other devices permanently or temporarily
attached to the Outer Continental Shelf (OCS) and in the waters
adjacent thereto as it relates to the safety of life to the Secretary
of the Department in which the Coast Guard is operating. 43 U.S.C.
1333(d)(1) states that the Secretary ``shall have the authority to
promulgate and enforce such reasonable regulations with respect to
lights and other warning devices, safety equipment, and other matters
relating to the promotion of safety of life and property on the
artificial islands, installations, and other devices . . . as he may
deem necessary.'' As this proposed rule would improve the Coast Guard's
ability to collect and analyze casualty data for incidents on the OCS
in order to maintain and improve safety of life on OCS installations,
it falls within the scope of authority Congress granted exclusively to
the Secretary. This authority has been delegated to the Coast Guard and
is exercised in this rulemaking, and the States may not regulate within
this category of marine casualty reporting. Therefore, the rule is
consistent with the principles of federalism and preemption
requirements in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with implications and
preemptive effect, Executive Order 13132 specifically directs agencies
to consult with State and local governments during the rulemaking
process.
Therefore, the Coast Guard invites State and local governments and
their representative national organizations to indicate their desire
for participation and consultation in this rulemaking process by
submitting comments to this NPRM. In accordance with Executive Order
13132, the Coast Guard will provide a federalism impact statement to
document: (1) The extent of the Coast Guard's consultation with State
and local officials who submit comments to this proposed rule; (2) a
summary of the nature of any concerns raised by State or local
governments and the Coast Guard's position thereon; and (3) a statement
of the extent to which the concerns of State and local officials have
been met. We will also report to the Office of Management and Budget
any written communications with the States.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any 1 year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
H. 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.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. 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 it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.1D, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
[[Page 1788]]
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. This
rule is likely to be categorically excluded under section 2.B.2, figure
2-1, paragraphs (34)(a) and (d) of the Instruction. This proposed rule
involves regulations which are editorial and regulations concerning
documentation and equipping of vessels. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects
33 CFR Part 140
Continental shelf, Incorporation by reference, Investigations,
Marine safety, Occupational safety and health, Penalties, Reporting and
recordkeeping requirements.
33 CFR Part 146
Continental shelf, Marine safety, Occupational safety and health,
Reporting and recordkeeping requirements, Vessels.
46 CFR Part 4
Administrative practice and procedure, Drug testing,
Investigations, Marine safety, Nuclear vessels, Radiation protection,
Reporting and recordkeeping requirements, Safety, Transportation.
46 CFR Part 109
Incorporation by reference, Marine safety, Occupational safety and
health, Oil and gas exploration, Reporting and recordkeeping
requirements, Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 140 and 146 and 46 CFR parts 4 and 109 as
follows:
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
PART 140--GENERAL
0
1. The authority citation for part 140 continues to read as follows:
Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of
Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 140.50 to read as follows:
Sec. 140.50 Marine casualties or accidents.
With respect to any marine casualty or accident, as defined in 46
CFR 4.03-1, each unit is subject to the other definitions and
requirements contained in 46 CFR part 4. In addition, with respect to a
marine casualty or accident involving--
(a) A ``commercial diving operation'' as defined in 46 CFR 197.204,
the unit is subject to 46 CFR 197.484 and 197.486;
(b) A ``hazardous condition'' as defined in 33 CFR 160.204, the
unit is subject to 33 CFR 160.215; and
(c) An ``occurrence which poses an imminent threat of oil
pollution'' as defined in 33 CFR 135.303, the unit is subject to 33 CFR
135.305 and 135.307.
PART 146--OPERATIONS
0
3. The authority citation for part 146 continues to read as follows:
Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. 1333, 1348, 1350,
1356; Sec. 109, Pub. L. 109-347, 120 Stat. 1884; Department of
Homeland Security Delegation No. 0170.1.
Sec. Sec. 146.30-146.45 [Removed]
0
4. Remove Sec. Sec. 146.30, 146.35, 146.40, and 146.45.
Subpart D [Removed and Reserved]
0
5. Remove and reserve subpart D, consisting of Sec. Sec. 146.301 and
146.303.
TITLE 46--SHIPPING
PART 4--MARINE CASUALTIES AND INVESTIGATIONS
0
6. 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,
2303a, 2306, 6101, 6301, and 6305; 50 U.S.C. 198; Department of
Homeland Security Delegation No. 0170.1. Subpart 4.40 issued under
49 U.S.C. 1903(a)(1)(E).
0
7. Amend Sec. 4.01-1 by designating the existing text as paragraph (a)
and adding paragraph (b) to read as follows:
Sec. 4.01-1 Scope of regulation.
* * * * *
(b) This part applies to any Outer Continental Shelf (OCS) unit as
defined in 46 CFR 4.03-8, and every provision of this part is
applicable to OCS units unless the provision explicitly states that OCS
units are excepted.
0
7. Amend Sec. 4.03-1 by removing the introductory text and by revising
paragraph (a) and the introductory text of paragraph (b) to read as
follows:
Sec. 4.03-1 Marine casualty or accident.
(a) As used in this part, marine casualty or accident means any
casualty or accident, involving any vessel other than a public vessel,
or any Outer Continental Shelf (OCS) unit, as follows:
(1) A U.S.- or foreign-flag vessel on the navigable waters of the
United States or its territories or possessions;
(2) A U.S.-flag vessel on any waters;
(3) A U.S.-flag or foreign-flag OCS unit that is engaged in an
``OCS activity'' as defined in 33 CFR 140.10; or
(4) A foreign-flag tank vessel operating in waters subject to the
jurisdiction of the United States, including the Exclusive Economic
Zone, when the casualty or accident involves significant harm to the
environment or material damage affecting the seaworthiness or
efficiency of the vessel.
(b) As used in paragraph (a) of this section, ``any casualty or
accident'' applies to any event caused by or involving a vessel and
includes, but is not limited to, the following:
* * * * *
0
8. Add Sec. 4.03-8 to read as follows:
Sec. 4.03-8 OCS unit, OCS facility.
(a) As used in this part, ``OCS unit'' means any U.S. or foreign
Outer Continental Shelf (OCS) facility as defined in this section, and
any vessel, rig, platform, or other vehicle or structure, installation,
or device, U.S. or foreign-flag, engaged directly in any offshore
activity associated with exploration for, or development or production
of, the minerals of the OCS, or in support of and in waters adjacent to
any unit directly so engaged. The term includes a mobile offshore
drilling unit when in contact with the seabed of the OCS for
exploration or exploitation of subsea resources. The term does not
include any pipeline or deepwater port (as the term ``deepwater port''
is defined in section 3(10) of the Deepwater Port Act of 1974 (33
U.S.C. 1502)).
(b) As used in this part, ``OCS facility'' means any artificial
island, installation, or other device permanently or temporarily
attached to the subsoil or seabed of the OCS, erected for the purpose
of exploring for, developing, or producing resources therefrom; any
vehicle, structure, installation, or device engaged in OCS activities
and located in the waters adjacent to such a facility; or any such
installation or other device (other than a ship or vessel) for the
purpose of transporting such resources.
0
9. Add Sec. 4.03-9 to read as follows:
Sec. 4.03-9 Vessel.
As used in this part, ``vessel'' includes every description of
watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water; it also includes any ``OCS
unit'' as defined in Sec. 4.03-8 of this subpart, unless the text
explicitly states that such an OCS unit is excepted.
0
10. Amend Sec. 4.05-1 as follows:
0
a. In paragraph (a)(6), after the words ``to perform his or her routine
duties;'', remove the word ``or'';
0
b. In paragraph (a)(7), after the words ``drydocking, or demurrage'',
remove the
[[Page 1789]]
punctuation mark ``.'' and add, in its place, the punctuation mark
``;'';
0
c. In paragraph (a)(8), after the words ``as defined in Sec. 4.03-
65'', remove the punctuation mark ``.'' and add, in its place, the text
``; or''; and
0
d. Add new paragraphs (a)(9), (a)(10), and (a)(11) to read as follows:
Sec. 4.05-1 Notice of Marine Casualty.
(a) * * *
(9) Any occurrence that constitutes a ``marine casualty or
accident'' as defined in 46 CFR 4.03-1 or that involves a marine
casualty described in this paragraph (a), and that involves a
``commercial diving operation'' as defined in 46 CFR 197.204; in which
case the notification required by this section is also subject to 46
CFR 197.484 and 197.486;
(10) Any occurrence that constitutes a ``marine casualty or
accident'' as defined in 46 CFR 4.03-1 or that involves a marine
casualty described in this paragraph (a), and that involves a
``hazardous condition'' as defined in 33 CFR 160.204; in which case the
notification required by this section is also subject to 33 CFR
160.215; or
(11) Any occurrence that constitutes a ``marine casualty or
accident'' as defined in 46 CFR 4.03-1 or that involves a marine
casualty described in this paragraph (a), and that involves an
``occurrence which poses an imminent threat of oil pollution'' as
defined in 33 CFR 135.303; in which case the notification required by
this section is also subject to 33 CFR 135.305 and 135.307.
* * * * *
PART 109--OPERATIONS
0
11. The authority citation for part 109 continues to read as follows:
Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, 6101, 10104;
Department of Homeland Security Delegation No. 0170.1.
0
12. Revise Sec. 109.411 to read as follows:
Sec. 109.411 Notice and reporting of casualty.
Except insofar as Sec. 109.415 of this part provides specific
record retention requirements for mobile offshore drilling units, each
unit is subject to the marine casualty and reporting requirements of 33
CFR 140.50 and 46 CFR part 4.
Dated: January 3, 2014.
J.C. Burton,
Captain, U.S. Coast Guard, Director of Inspections & Compliance.
[FR Doc. 2014-00278 Filed 1-9-14; 8:45 am]
BILLING CODE 9110-04-P