1625-0083_ss

1625-0083

Supporting Statement

For

Operational Measures for Existing Tank Vessels

Without Double Hulls

A. Justification.

1. Circumstances which make the collection of information necessary.

Section 4115 of the Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380) mandates regulations to provide improved protection from oil spills in waters subject to the jurisdiction of the United States due to collisions and groundings. Section 4115(b), which appears as a statutory note following 46 U.S.C. 3703a, establishes requirements for certain existing tank vessels of 5,000 Gross Tons (GT) or more that do not have double hulls. These regulations require certain operational measures to be performed on applicable tank vessels, and are contained in 33 CFR Part 157 Subpart G entitled Interim Measures for Certain Tank Vessels Without Double Hulls Carrying Petroleum Oils. Similar requirements for tank vessels without double hulls carrying non-petroleum oils are found in 33 CFR Part 157 Subparts H and I.

These requirements reduce the risk to the environment by increasing the efficiency of the vessel's day-to-day operations, thereby decreasing the likelihood of a marine casualty or accidental discharge. This collection requires the master, owner, or operator of a tank vessel to document certain information, and to manage operational procedures, records, and licenses.

This information collection supports the following strategic goals:

Department of Homeland Security

• Prevention

• Protection

Coast Guard

• Maritime Safety

• Protection of the Natural Resources

Marine Safety, Security and Stewardship Directorate (CG-5)

• Safety: Eliminate deaths, injuries, and property damage associated with commercial maritime operations.

• Human and Natural Environment: Eliminate environmental damage associated with maritime transportation and operations on and around the nation’s waterways.

2. Purpose of the information collection.

These regulations require the mariner to record or manage information that is necessary for the safe operation of the vessel. These recordkeeping requirements are largely consistent with good commercial practices and dictates good seamanship for safe navigation and maintenance of vital equipment. The purpose of this information will be for Coast Guard inspectors to determine if a vessel is in compliance or, in the case of a casualty, whether failure to meet these regulations contributed to the casualty. Additionally, certain information collection requirements ensure pilots are adequately informed of the vessel's status, maneuvering capabilities, and under-keel clearance before beginning a transit.

3. Considerations of the use of improved technology.

The information must be in written or electronic form, and must be retained onboard the vessel or made readily available to the Coast Guard upon request. There is no technology that could decrease the burden of this information collection, although this requirement does not restrict the collection of information to written form. Electronic files are allowed and would reduce the physical volume of records on the vessel.

We estimate that approximately 50% of the reporting and recordkeeping requirements can be done electronically. At this time, we estimate that approximately 20% of the responses are collected electronically.

4. Efforts to identify duplication. Why similar information available cannot be used.

There are no State or local regulations relating to this issue.

This regulation incorporates by reference IMO Resolution A.601(15) to maintain and post maneuvering and vessel information. The modification to the currently required maneuvering poster in 33 CFR part 164 is necessary because the IMO standardized format will ensure pilots and others responsible for the vessel's navigation quickly access pertinent information without being requested to decipher foreign documentation.

Enhanced Survey documents developed from surveys that have been completed since 1995 on most tankships will be accepted without need for revision. Existing vessels enrolled in a Critical Area Inspection Program may also continue current information collection without additional requirements. Similar survey documentation for smaller tankships and tank barges is accepted in this rule, if a third party oversight program is initiated to review the documents.

5. Methods used to minimize the burdens to small business if involved.

This information collection does not have an impact on small businesses or other small entities.

6. Consequences to the Federal program if collection were conducted less frequently.

If information collection were conducted less frequently, compliance requirements on applicable tank vessels may not be met. The frequency of each operational measure has been aligned with present inspection and industry standards.

Without an information collection, there would be no means for the master, owner, or operator of the applicable vessels to be held accountable for adequate operational measures, nor would pilots be afforded adequate vessel information prior to a vessel transit. Although the Coast Guard believes that some prudent operators already employ an operational measures program, these regulations are intended to codify these requirements, and ensure compliance by those vessels not conforming to the safety practices of the majority of industry. If the recordkeeping requirements were maintained less frequently, the lack of sufficient historical records may lead to an inadequate evaluation of a vessel's safety resulting in an increased risk of a collision, allision, or grounding.

7. Special circumstances due to inconsistency with the guidelines.

This information collection is conducted in manner consistent with the guidelines in 5CFR 1320.5(d)(2).

8. Consultation.

A 60 day Notice was published in the Federal Register to obtain public comment on this collection. (See [USCG-2008-0244], May 8, 2008, 73 FR 26126). The USCG has not received any comments on this information collection. (See [USCG-2007-xxxxx]; xxx, x, 2007; 72 FR xxxxx). The USCG has not received any comments on this information collection.

9. Payment to respondents.

There is no offer of monetary or material value for this information collection.

10. Assurances of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents for this information collection.

11. Additional justification for any questions of a sensitive nature.

There are no questions of sensitive language.

12. Burden Hours and Annualized Costs.

Background and Applicable Population

The paperwork burden and cost to industry are calculated separately for each of the different operational measures for tank vessels, as the applicable vessel populations vary for the different requirements. The overall tank vessel population is decreasing over time, as single-hull vessels are phased-out. For this analysis, we assume, conservatively, that the existing single-hull population will be constant over the next three years and does not decrease.¹

Before finalizing our assumptions, to get an estimate of the existing number of U.S. single hull tank vessels greater than 5,000 GT², we looked at Coast Guard’s MISLE³ database.

MISLE’s data indicates that there are currently 22 U.S. single-hull tankships, 3 U.S. tank barges, 84 foreign tankships and 0 foreign tank barges.

Thus, the annual population of tank vessels over the next three years is assumed to be as follows throughout this analysis:

U.S. tankships: 22

U.S. tank barges: 3

Foreign tankships: 84
Foreign tank barges: 0

Annual Burden & Cost Calculations

1) Bridge Resource Management Policy & Procedures (33 CFR 157.415)

All U.S. and foreign tank vessel owners or operators (109 respondents) have to evaluate and provide the tank vessel master with bridge resource management watch standing policies and procedures. The Coast Guard estimates that management will take approximately 2.0 hours per tank vessel to evaluate the effectiveness of this guidance and revise it, if necessary. The annual burden hours involved are therefore 218 hours (= 2.0 * 109).

Annual Average Burden = 218 hours.

Annual Average Cost = $15,478 (assuming a private sector management wage rate of $71/hour equivalent to GS-12⁴, for 218 hours).

Annual Responses & Respondents = 109 each.

2) Vessel Specific Watch Policy & Procedures (33 CFR 157.420)

All 109 tank vessel owners and operators annually have to evaluate and provide the tank vessel master vessel specific company policy for proper crew orientation procedures prior to assigning watch duties. The Coast Guard estimates that management will take approximately 2.0 hrs per tank vessel to evaluate the effectiveness of this policy and revise it, if necessary. The annual burden hours are thus 218 hours (=2.0 * 109).

Annual Average Burden = 218 hours.

Annual Average Cost = $15,478 (assuming wage rate of $71/hour equivalent to GS-12).

Annual Responses & Respondents = 109 each.

3) Enhanced Survey (33 CFR 157.430)

Approximately 1/5 of all tank vessel owners or operators will record the tank vessel's enhanced survey in the period calculated for this collection of information requirement.⁵ We estimate that it will take a second mate approximately 16 hours per vessel to maintain and review.

Records inspection burden:

Annual Average Burden = 352 hours (22 vessels*16 hours/vessel)

Annual Average Cost = $21,120 (assuming wage rate of $60/hour for rank equivalent of O-2).

Annual Responses & Respondents = 22 each. (1/5*109 tank vessels)

4) Vital Systems Surveys (33 CFR 157.435)

All 109 tank vessels perform an estimated 0.25 hours/entry of management time to comply with the vital system survey requirements. We estimate it takes a second mate approximately 0.25 hours per entry per vessel to maintain and review, and that the number of annual entries for U.S. tank vessels is approximately 90 entries, and approximately 20 entries annually for foreign tank vessels.

Records inspection burden for U.S. tankships and tank barges:

Average Annual Burden = 563 hours (=25 U.S. tank vessels*0.25 hours/entry*90 entries/yr/vessel)

Annual Responses = 2,250 (=25*90)

Records inspection burden for foreign tankships and tank barges:

Average Annual Burden = 420 hours (=84 foreign tank vessels*0.25 hours/entry*20 entries/yr/vessel)

Annual Responses = 1,680 (=84*20)

Total annual burden hours = 983 hours (=563 + 420 hours)

Annual cost burden = $58,980 (assuming wage rate of $60/hour for rank equivalent of O-2).

Annual Respondents = 109.

Annual Responses = 3,930 (=2,250 + 1,680)

5) Maneuvering and Vessel Status Information (33 CFR 157.450)

Pilot Card

Population estimates indicate 20 percent of both U.S. and foreign tankships already meet the pilot card requirement. We estimate it takes a licensed bridge watch officer about 0.25 hours / entry / vessel to maintain and review vessel status prior to port transit. Thus, we assume that approximately 80 percent of all tankships spend an estimated 0.25 hours/entry of management time each to comply with the requirement to provide the pilot with vessel status prior to each port transit. We estimated the number of entries per vessel based on Coast Guard experience with these vessels, which come to 56 entries annually for U.S. tankships and 12 entries annually for foreign tankships.

Records inspection burden:

For U.S. tankships, average annual burden = 247 hours (=0.8*56*0.25*22 U.S. tankships)

Annual Responses = 986 (=0.8*56*22 U.S. tankships)

For foreign tankships, average annual burden = 202 hours (=0.8*12*0.25*84 foreign tankships)

Annual Responses = 807 (=0.8*12*84 foreign tankships)

Total Annual Average Burden = 449 hours (=247 + 202).

Annual Average Cost = $26,940 (assuming wage rate of $60/hour for rank equivalent of O-2).

Average Annual Respondents = 85 (80% of all tankships = 0.8*106 U.S. and foreign tankships).

Average Annual Responses = 1,793 (=986+ 807).

6) Minimum Under-Keel Clearance (33 CFR 157.455)

We estimate it takes the master approximately 0.5 hours per entry per vessel to review the voyage plan including the anticipated under-keel clearance. Thus, 109 tank vessels annually spend an estimated 0.5 hours/entry of management time to comply with the minimum under-keel clearance requirements. The number of entries per vessel for U.S. tank vessels are estimated to be approximately 60/year, and for foreign tank vessels, about 12 entries/year.

Records inspection burden:

For U.S. tank vessels, average annual burden = 750 hours (=60*0.5*25 U.S. tank vessels)

Annual Responses = 1,500 (=60*25 U.S. tank vessels)

For foreign tankships, average annual burden = 504 hours (=12*0.5*84 foreign tank vessels)

Annual Responses = 1,008 (=12*84 foreign tank vessels)

Total Annual Average Burden = 1,254 hours (=750 + 504).

Annual Average Cost = $127,908 (assuming wage rate of $102/hour for rank equivalent of O-5).

Average Annual Respondents = 109.

Average Annual Responses = 2,508 (=1,500+ 1,008).

SUMMARY

The total annual burden hours and costs of the paperwork requirements are summarized in Table 1 below. The total annual hour burden is 3,474 hours, the annual cost burden is about $213,236 and the number of annual responses is 8,471.

Table 1: Summary of Total Annual Burden, Costs, Responses & Respondents

Requirement	Average Annual Respondents	Annual Average Responses	Annual Average Burden Hours	Annual Average Cost
Bridge Resource Management	109	109	218	$15,478
Vessel Specific Watch Policy	109	109	218	$15,478
Enhanced Survey	22	22	352	$21,120
Vital System Survey	109	3,930	983	$58,980
Maneuvering/Vessel Status Information	85	1,793	449	$26,940
Minimum Under-Keel Clearance	109	2,508	1,254	$127,908
ANNUAL TOTAL	109	8,471	3,474	$265,904

13. Total Annual Cost Burden (Capital and Start-Up).

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

14. Annualized cost to the Federal Government.

Federal Government costs would include Coast Guard personnel time and resources to review survey records and documentation required by these regulations during annual tank vessel examinations (foreign vessels) or annual inspections (U.S. vessels). The length of time added to a typical examination or inspection would vary based on the type of service in which the vessel engages. The Coast Guard is estimating that these requirements would increase the time of examination or inspection by an average of 0.5 hours for any given requirement.

Table 2 shows the estimated average annual cost to the Federal Government, based on a $61 per hour wage estimate for a Coast Guard inspector (rank equivalent to W-3), to be $16,564.

Table 2: Annualized Cost to Federal Government

Requirement	Number of Annual Reviews	Cost/hr	Time requirement	Annual Cost
Bridge Management	109	$61	0.5 hrs	$3,325
Watch Policy	109	$61	0.5 hrs	$3,325
Enhanced Survey	22	$61	0.5 hrs	$671

Vital System Survey	1096	$61	0.5 hrs	$3,325
Maneuvering Status Info	857	$61	0.5 hrs	$2,593
Under-Keel Clearance	1098	$61	0.5 hrs	$3,325
TOTAL				$16,564

15. Reasons for change in the burden.

The change in the burden is an ADJUSTMENT, due to a decrease in the affected vessel population. Per OPA 90, single hull tank vessels are phase-out based on vessel hull design, age and gross tonnage. We expect this vessel population decrease to continue until all single hull tank vessels are phased-out.

16. Plans for tabulation, statistical analysis and publication.

This information collection will not be published for statistical purposes.

17. Approval for not explaining the expiration date for OMB approval.

USCG will display the expiration date for OMB approval of this information collection.

18. Exception to the certification statement.

USCG does not request an exception to the certification of this information collection.

B. Collection of Information Employing Statistical Methods.

This information collection does not employ statistical methods.

1 When this collection of information is renewed in three years (2011), we will look at the existing population at the time and use the new and decreased population of tank vessels at the time for calculations.

2 We considered single-hull vessels, as well as vessels with ‘double bottom’ or ‘double bottom sides’ to be single-hull vessels, as per OPA 90 definitions. We use the term ‘single-hull tank vessel’ or ‘tank vessel without double hull’ interchangeably, therefore, and they refer to all the types of single-hull vessels applicable here.

3 Marine Information for Safety and Law Enforcement (MISLE).

4 All wage rate assumptions hereon are based on Enclosure (2) to COMDTINST 7310.1K.

5 Coast Guard regulations state that survey requirements will begin at a vessel’s next regularly scheduled dry dock exam. Therefore, records inspection burden will be imposed twice in the five-year Certificate of Inspection validation period, for both U.S. and foreign vessels. We therefore assume that vessels face this requirement approximately once in the 3-year period for which this collection of information calculation is done.

6 Vital System Survey: Annual average number of vessels, as CG will inspect survey once per vessel per year.

7 Maneuvering: Same as above, as CG will inspect once per vessel per year.

8 Under-Keel Clearance: Same as above, as CG will inspect once per vessel per year.

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