Marine Casualty Reporting on the Outer Continental Shelf, 1780-1789 [2014-00278]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1780-1789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00278]


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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.

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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 https://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: https://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 oira_submission@omb.eop.gov (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 
James.D.Lawrence@uscg.mil. 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 https://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 https://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 https://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\
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    \1\ Foreign OCS units generally must employ only U.S. citizens 
or resident aliens engaged in OCS activities. See 33 CFR 141.15(a).
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    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.
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    \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.
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    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.
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    \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).
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    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
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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.
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* 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.
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    \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).
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    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\
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    \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.
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    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.
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    \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, https://www.rigzone.com/data/utilization_region.asp, accessed 9/25/2013.
    \10\ Obtained via queries of the MISLE.
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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