Use of Reports of Marine Casualty in Claims Process by National Pollution Funds Center, 17574-17575 [E7-6540]
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Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices
South Louisiana AMS Committee
Membership
Applicants should have at least five
years of experience related to maritime
or port security operations. The South
Louisiana AMS Committee currently
has twenty-four members, which
includes maritime industry members in
addition to government agency
members. We are seeking new members
interested in improving maritime
security along the Louisiana coast, west
of the Mississippi River. Applicants
may be required to pass an appropriate
security background check prior to
appointment to the committee.
Members’ term of office will be for
five years; however, a member is eligible
to serve an additional term of office.
Members will not receive any salary or
other compensation for their service on
the South Louisiana AMS Committee. In
support of the policy of the Coast Guard
on gender and ethnic diversity, we
encourage qualified women and
members of minority groups to apply.
Request for Applications
Applicants seeking AMS Committee
membership are not required to submit
formal applications to the local COTP/
FMSC. However, because we have an
obligation to ensure that a specific
number of members have the
prerequisite maritime security
experience, we encourage the
submission of resumes highlighting
experience in the maritime and security
industries. Applications should include
the applicant’s name, employer,
relationship to maritime industry and
port interests, and general maritime
security-related experience.
Dated: February 12, 2007.
T. D. Gilbreath,
Captain, U.S. Coast Guard, Captain of the
Port/Federal Maritime Security Coordinator.
[FR Doc. E7–6538 Filed 4–6–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2007–27672]
Navigation Safety Advisory Council
Coast Guard, DHS.
Notice of meeting.
AGENCY:
sroberts on PROD1PC70 with NOTICES
ACTION:
The Navigation Safety
Advisory Council (NAVSAC) will meet
to discuss various issues relating to the
safety of navigation. The meeting will be
open to the public.
SUMMARY:
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18:21 Apr 06, 2007
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NAVSAC will meet on Monday,
May 07, 2007, from 1 p.m. to 4 p.m.;
Tuesday, May 08, 2007, from 8:30 a.m.
to 4 p.m.; and Wednesday, May 09, 2007
from 8:30 a.m. to 11:30 a.m. The
meeting may close early if all business
is finished. Written material and
requests to make oral presentations
should reach the Coast Guard on or
before April 15, 2007. Requests to have
a copy of your material distributed to
each member of the committee should
reach the Coast Guard on or before April
15, 2007.
ADDRESSES: NAVSAC will meet in the
Holiday Inn Mart Plaza Hotel, 350 West
Mart Street, Chicago, IL 60654. Send
written material and requests to make
oral presentations to Mr. John Bobb,
Commandant (CG–3PWM–1), U.S. Coast
Guard Headquarters, 2100 Second Street
SW., Washington, DC 20593–0001. This
notice is available on the Internet at
https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Sollosi, Executive Director of
NAVSAC, or Mr. John Bobb, Assistant to
the Executive Director, telephone 202–
372–1532, fax 202–372–1929 or e-mail
at john.k.bobb@uscg.mil.
SUPPLEMENTARY INFORMATION: Notice of
the meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
2.
DATES:
Agenda of Meeting
The agenda includes the following:
(1) Introduction and swearing-in of
new members.
(2) Automatic Identification System.
(3) Aids to Navigation.
(4) Navigation in reduced visibility.
(5) Inland Rules of the Road.
Procedural
The meeting is open to the public.
Please note that the meeting may close
early if all business is finished. At the
Chair’s discretion, members of the
public may make oral presentations
during the meeting. If you would like to
make an oral presentation at the
meeting, please notify the Executive
Director no later than April 15, 2007.
Written material for distribution at the
meeting should reach the Coast Guard
no later than April 15, 2007. If you
would like a copy of your material
distributed to each member of the
committee in advance of the meeting,
please submit 20 copies to the Executive
Director no later than April 15, 2007.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
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Frm 00100
Fmt 4703
Sfmt 4703
meeting, contact the Executive Director
as soon as possible.
Dated: March 30, 2007.
Wayne A. Muilenburg,
Captain, U.S. Coast Guard, Acting Director
of Waterways Management.
[FR Doc. E7–6536 Filed 4–6–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2006–25843]
Use of Reports of Marine Casualty in
Claims Process by National Pollution
Funds Center
Coast Guard, DHS.
Notice of interpretation;
response to comments received.
AGENCY:
ACTION:
SUMMARY: On October 13, 2006, the
Coast Guard published a notice of
interpretation that the prohibition in 46
U.S.C. 6308 on the use of any part of a
report of a Coast Guard marine casualty
investigation report (MCIR) in certain
administrative proceedings does not
prohibit use of such reports in the
process used by the Coast Guard’s
National Pollution Funds Center (NPFC)
for determining to pay or deny claims
under the Oil Pollution Act of 1990. We
received two comments in response to
the notice, neither of which effects the
interpretation.
FOR FURTHER INFORMATION CONTACT: For
questions on this notice, please contact
Benjamin White, U.S. Coast Guard’s
National Pollution Funds Center
(NPFC), telephone 202–493–6863.
SUPPLEMENTARY INFORMATION: On
October 13, 2006, we published a notice
of interpretation entitled ‘‘Use of
Reports of Marine Casualty in Claims
Process by National Pollution Funds
Center’’ (71 FR 60553). The notice
provided for a comment period ending
November 13, 2006.
Background and Purpose
The Coast Guard investigates and
reports on marine casualties pursuant to
46 U.S.C. Chapter 63. Under 46 U.S.C.
6308 no part of a report of a marine
casualty investigation ‘‘shall be
admissible as evidence or subject to
discovery in any civil or administrative
proceedings, other than an
administrative proceeding initiated by
the United States.’’ Marine casualties
may result in the discharge or
substantial threat of discharge of oil to
the navigable waters, adjoining
shorelines or the exclusive economic
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
zone. The National Pollution Funds
Center (NPFC) processes claims against
the Oil Spill Liability Trust Fund for oil
removal costs and certain damages that
result from such discharges or threats
under authority of the Oil Pollution Act
of 1990 (OPA) (33 U.S.C. 2701 et seq.).
The circumstances of a marine casualty
will often bear on the entitlement of a
claimant to payment of its claim,
particularly for vessel owners or
operators who may claim a complete
defense to their own liability for such
costs or damages, or entitlement to limit
their liability under OPA.
In the past, the NPFC has not
considered such reports of marine
casualty investigations on the grounds
that a broad interpretation of 46 U.S.C.
6308 might proscribe their use in the
NPFC’s claims processes. However, this
resulted, in some instances, in the NPFC
having to duplicate the investigative
process in order to make findings of fact
that were included in a Marine Casualty
Investigation Report (MCIR).
As stated in the notice of
interpretation, the NPFC may consider
and rely on any part of a report of a
MCIR in determining whether to pay or
deny a claim. While such reports may
be of use to NPFC in this regard, and
may also be submitted by claimants to
support their claims, the NPFC is not
bound by such reports of investigation.
The NPFC may require additional
information from claimants in order to
support their claims and may,
considering the record as a whole, find
additional facts or different facts from
those included in such reports of
investigation.
Discussion of Comments
Two commentors submitted
comments to the Coast Guard during the
comment period (71 FR 60553). Both
commentors stated that the MCIRs are
essentially field reports compiled under
difficult circumstances by personnel of
varying degrees of experience and
knowledge. Commentors cautioned that
the use of MCIRs should be undertaken
with appropriate awareness of their
possible shortcomings. The Coast Guard
has stated that the NPFC is not bound
by reports of investigation. Accordingly,
the Director of the NPFC can reach not
only different facts but also different
opinions or conclusions than the
opinions and conclusions in the MCIR.
A second comment noted that
consideration of MCIRs by the NPFC
will ultimately lead to their inclusion in
the administrative record. The
commentor reasoned that if a claim
were appealed in a federal district court
under the Administrative Procedure Act
(APA), those documents would be
VerDate Aug<31>2005
18:21 Apr 06, 2007
Jkt 211001
introduced into civil proceedings as part
of the administrative record in violation
of 46 U.S.C. 6308.
The scope of APA judicial review is
in 5 U.S.C. 706 and expressly provides
that the court shall review the whole
record. While the exclusion under 46
U.S.C. 6308 refers in general to civil
proceedings, Congress did not intend to
prevent proper judicial review under
the APA and therefore 46 U.S.C. 6308
does not trump the APA record
requirement.
For the reasons discussed above, these
comments do not effect our
interpretation as published in the
Federal Register on October 13, 2006
(71 FR 60553).
Dated: April 3, 2007.
William D. Baumgartner,
U.S. Coast Guard Judge Advocate General.
[FR Doc. E7–6540 Filed 4–6–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Federal Emergency
Management Agency, DHS
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The Federal Emergency
Management Agency, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a proposed continuing
information collection. In accordance
with the Paperwork Reduction Act of
1995, this notice seeks comments
concerning the certification of flood
proof residential basements in Special
Flood Hazard Areas.
Title: Residential Basement
Floodproofing Certificate.
OMB Number: 1660–0033.
Abstract: FEMA Form 81–78 is only
used in communities that have been
granted an exception by FEMA to allow
the construction of flood proof
residential basements in Special Flood
Hazard Areas, (SFHAs). Homeowners
must have a registered professional
engineer or architect complete FEMA
Form 81–78 for development or
inspection of a properly designed and
constructed basement and certify that
the basement design and methods of
constructions are in accordance with
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Sfmt 4703
17575
floodplain management ordinances. In
any case homeowners are responsible
for the fees involved with these services.
Homeowners also provide FEMA Form
81–8 to the insurance agent to receive
discounted flood insurance under the
National Flood Insurance Program
(NFIP).
Affected Public: Business or other forprofit.
Number of Respondents: 150.
Estimated Time per Respondent: 3.25
hours.
Estimated Total Annual Burden
Hours: 487.5.
Frequency of Response: One-time.
Comments: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management Budget,
Attention: Nathan Lesser, Desk Officer,
Department of Homeland Security/
FEMA, and sent via electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–6974. Comments must be
submitted on or before May 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
should be made to Chief, Records
Management, FEMA, 500 C Street, SW.,
Room 609, Washington, DC 20472,
facsimile number (202) 646–3347, or email address FEMA-InformationCollections@dhs.gov.
Dated: March 28, 2007.
John A. Sharetts-Sullivan,
Chief, Records Management and Privacy
Information Resources Management Branch,
Information Technology Services Division,
Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E7–6587 Filed 4–6–07; 8:45 am]
BILLING CODE 9110–11–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[FEMA–3274–EM]
Indiana; Amendment No. 1 to Notice of
an Emergency Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:
SUMMARY: This notice amends the notice
of an emergency declaration for the
State of Indiana (FEMA–3274–EM),
dated March 12, 2007, and related
determinations.
EFFECTIVE DATE: March 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Magda Ruiz, Recovery Division, Federal
E:\FR\FM\09APN1.SGM
09APN1
]]>Agencies
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17574-17575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6540]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[USCG-2006-25843]
Use of Reports of Marine Casualty in Claims Process by National
Pollution Funds Center
AGENCY: Coast Guard, DHS.
ACTION: Notice of interpretation; response to comments received.
-----------------------------------------------------------------------
SUMMARY: On October 13, 2006, the Coast Guard published a notice of
interpretation that the prohibition in 46 U.S.C. 6308 on the use of any
part of a report of a Coast Guard marine casualty investigation report
(MCIR) in certain administrative proceedings does not prohibit use of
such reports in the process used by the Coast Guard's National
Pollution Funds Center (NPFC) for determining to pay or deny claims
under the Oil Pollution Act of 1990. We received two comments in
response to the notice, neither of which effects the interpretation.
FOR FURTHER INFORMATION CONTACT: For questions on this notice, please
contact Benjamin White, U.S. Coast Guard's National Pollution Funds
Center (NPFC), telephone 202-493-6863.
SUPPLEMENTARY INFORMATION: On October 13, 2006, we published a notice
of interpretation entitled ``Use of Reports of Marine Casualty in
Claims Process by National Pollution Funds Center'' (71 FR 60553). The
notice provided for a comment period ending November 13, 2006.
Background and Purpose
The Coast Guard investigates and reports on marine casualties
pursuant to 46 U.S.C. Chapter 63. Under 46 U.S.C. 6308 no part of a
report of a marine casualty investigation ``shall be admissible as
evidence or subject to discovery in any civil or administrative
proceedings, other than an administrative proceeding initiated by the
United States.'' Marine casualties may result in the discharge or
substantial threat of discharge of oil to the navigable waters,
adjoining shorelines or the exclusive economic
[[Page 17575]]
zone. The National Pollution Funds Center (NPFC) processes claims
against the Oil Spill Liability Trust Fund for oil removal costs and
certain damages that result from such discharges or threats under
authority of the Oil Pollution Act of 1990 (OPA) (33 U.S.C. 2701 et
seq.). The circumstances of a marine casualty will often bear on the
entitlement of a claimant to payment of its claim, particularly for
vessel owners or operators who may claim a complete defense to their
own liability for such costs or damages, or entitlement to limit their
liability under OPA.
In the past, the NPFC has not considered such reports of marine
casualty investigations on the grounds that a broad interpretation of
46 U.S.C. 6308 might proscribe their use in the NPFC's claims
processes. However, this resulted, in some instances, in the NPFC
having to duplicate the investigative process in order to make findings
of fact that were included in a Marine Casualty Investigation Report
(MCIR).
As stated in the notice of interpretation, the NPFC may consider
and rely on any part of a report of a MCIR in determining whether to
pay or deny a claim. While such reports may be of use to NPFC in this
regard, and may also be submitted by claimants to support their claims,
the NPFC is not bound by such reports of investigation. The NPFC may
require additional information from claimants in order to support their
claims and may, considering the record as a whole, find additional
facts or different facts from those included in such reports of
investigation.
Discussion of Comments
Two commentors submitted comments to the Coast Guard during the
comment period (71 FR 60553). Both commentors stated that the MCIRs are
essentially field reports compiled under difficult circumstances by
personnel of varying degrees of experience and knowledge. Commentors
cautioned that the use of MCIRs should be undertaken with appropriate
awareness of their possible shortcomings. The Coast Guard has stated
that the NPFC is not bound by reports of investigation. Accordingly,
the Director of the NPFC can reach not only different facts but also
different opinions or conclusions than the opinions and conclusions in
the MCIR.
A second comment noted that consideration of MCIRs by the NPFC will
ultimately lead to their inclusion in the administrative record. The
commentor reasoned that if a claim were appealed in a federal district
court under the Administrative Procedure Act (APA), those documents
would be introduced into civil proceedings as part of the
administrative record in violation of 46 U.S.C. 6308.
The scope of APA judicial review is in 5 U.S.C. 706 and expressly
provides that the court shall review the whole record. While the
exclusion under 46 U.S.C. 6308 refers in general to civil proceedings,
Congress did not intend to prevent proper judicial review under the APA
and therefore 46 U.S.C. 6308 does not trump the APA record requirement.
For the reasons discussed above, these comments do not effect our
interpretation as published in the Federal Register on October 13, 2006
(71 FR 60553).
Dated: April 3, 2007.
William D. Baumgartner,
U.S. Coast Guard Judge Advocate General.
[FR Doc. E7-6540 Filed 4-6-07; 8:45 am]
BILLING CODE 4910-15-P
