1625-0009_SS_r0_2019

1625-0009

Supporting Statement

for

Oil Record Book for Ships

OMB No.: 1625-0009

COLLECTION INSTRUMENTS: CG-4602A & Instruction

A. Justification

1) Circumstances which make the collection of information necessary.

The Act to Prevent Pollution from Ships (APPS) and the International Convention for Prevention of Pollution from Ships, 1973, as modified by the 1978 Protocol relating thereto (MARPOL 73/78), requires that information about oil cargo or fuel operations be entered into an Oil Record Book (ORB). Annex I is implemented in U.S. law through the Act to Prevent Pollution from Ships (APPS) (Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297), codified at 33 U.S.C. 1901 et seq. The requirement is contained in 33 CFR 151.25. Entries must be made in the ORB (form CG-4602A) for a number of operations, such as:

• Ballasting or cleaning of fuel oil tanks;

• Discharge of ballast containing an oily mixture or cleaning water from fuel oil tanks;

• Discharge overboard or disposal otherwise of bilge water that has accumulated in machinery spaces;

• Loading of oil cargo;

• Internal transfer of oil cargo during voyage;

• Any failure of, and the reasons for, of the oil filtering equipment or the oil discharge monitoring and control system;

• In the event of an emergency, accidental or other exceptional discharge of oil or oily mixture.

2) Purpose of the information collection.

The Coast Guard uses the information recorded in the record book to verify compliance with APPS and MARPOL 73/78, and as a supplemental means of finding violations of APPS and MARPOL. The actual recording of information deters violations in the manner of an accounting standard, documenting the management of quantities of potential pollutants onboard the vessel in a manner which allows validation to occur through accuracy of the record and comparison to quantities of actual volumes of fluids onboard the vessel. Unless this information is recorded, the Coast Guard would have to rely on whistleblowers and/or on actual sightings of oil discharges for enforcement, making verification of compliance more difficult. Even with the ORB and the recordkeeping requirement, many violations of the law could go undetected resulting in continued pollution of the sea by oil. The written requirement acts as one more deterrent.

3) Considerations of the use of improved technology.

To meet international treaty obligations and national compliance and enforcement requirements, the ORB must be maintained and available in written (i.e., non-electronic) format. The ORB content has been standardized. The U.S. Government prints the ORB and makes it available, from the Coast Guard, to masters and operators of all U.S. vessels. The ownership of the ORB for all U.S. ships remains with the U.S. Government. For additional details about the ORB requirements, see Appendix A.

4) Efforts to identify duplication.

The Coast Guard monitors State and local regulatory activity in this field. To date, no equivalent state or local programs have been identified that require similar information, and no other Federal agencies have similar or equivalent regulatory requirements.

5) Methods used to minimize the burdens to small entities if involved.

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

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

Per international treaty and statute, ORB entries are to be recorded in the appropriate record books without delay, and the ORB must be readily available for inspection at all reasonable times. Because the Coast Guard uses the information in the record books to enforce APPS and MARPOL, it is imperative that the information be recorded accurately and in a timely manner. The ORB must be maintained aboard the vessel for three years and made available during Coast Guard inspections.

7) Special collection circumstances.

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

8) Consultation.

A 60-day Notice (See [USCG-2019-0252], April 8, 2019, 84 FR 13947) and 30-Day Notice (June 24, 2019, 84 FR 29532) was published in the Federal Register to obtain public comment on this collection. The Coast Guard received one comment on this information collection that expressed support for the collection without providing any suggestions. Accordingly, no changes have been made to the collection of information proposed in the notices.

9) Provide any payment or gift to respondents.

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

10) Describe any assurances of confidentiality provided to respondents.

There are no assurances of confidentiality provided to the respondents for this information collection. This information collection request is covered by the Marine Information for Safety and Law Enforcement (MISLE) Privacy Impact Assessment (PIA) and System of Records Notice (SORN). Links to the MISLE PIA and SORN are provided below:

• https://www.dhs.gov/sites/default/files/publications/privacy_pia_008_uscg_misle_2009.pdf

• https://www.govinfo.gov/content/pkg/FR-2009-06-25/html/E9-14906.htm

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

There are no questions of sensitive language.

12) Estimate of annual hour and cost burden to respondents.

• The total annual respondents are 1,029.

• The total annual responses are 377,698.

• The total annual burden hours requested is 15,741.

• The total annual cost is $1,568,454.

The burden to respondents is provided in Appendix B. The wage rates used are in accordance with the current edition of COMDTINST 7310.1(series) for “Out-Government” personnel.

Oil Record Book (ORB): Each time a vessel conducts a transfer of oil, an ORB entry must be completed and kept. Completing an ORB entry constitutes a response. This requirement covers certain U.S. vessels that carry oil for fuel or cargo.¹ We estimate the annual frequency of responses varies by vessel type. We estimate that it will take vessel personnel about 2.5 minutes (0.04167 hours) to complete the entry (i.e., response). For U.S. Tank Ships, we estimate that the ORB entry will be completed by the Chief Engineer. For U.S. Tank Barges and U.S. Nontank Vessels, we estimate that the ORB entry will be completed by a tankerman or Second Engineer/Mate. The position of Chief Engineer is analogous to a Lieutenant Commander (O-4) and the position of a tankerman or Second Engineer/Mate is equivalent to a Chief Petty Officer (E-7).

13) Total of annualized capital and start-up cost.

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

14) Estimates of annualized cost to the Federal Government.

The annualized Federal Government cost estimate is $13,804 (see Appendix C). The cost is based on 2 elements. First, the cost is based on Coast Guard personnel review of the ORB during periodic inspections, random boardings, and post-casualty investigations. We estimate that there will be approximately 1,000 ORB reviews per year and that a review will be conducted by a CG Lieutenant (O-3) taking about 5 minutes (0.08333 hours) per review. The wage rate shown is in accordance with the current edition of COMDTINST 7310.1(series) for “In-Government” personnel. Second, the cost is based on printing/storage/distribution costs of $7,000 for the ORB.²

15) Explain the reasons for change in burden.

The change in burden is an ADJUSTMENT due to a change (i.e., decrease) in the estimated annual number of responses. There is no proposed change to the recordkeeping requirements of this collection. The recordkeeping requirements, and the methodology for calculating burden, remain unchanged. The methodology for calculating burden was revised to more accurately reflect the annual level of recordkeeping activity.

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.

The form (ORB) associated with this collection is prescribed by the international treaty, MARPOL, that the U.S. Government is signatory to. The addition of an expiration date to the ORB—for OMB approval—may cause significant problems. First, it could cause huge enforcement problems since there would be evidentiary problems and an inability to enforce falsified records and recordkeeping captured on expired record books. Second, it could cause enforcement problems on U.S.-flag vessel owner/operators in foreign ports as well, leading to vessel delays and enforcement by foreign Port State Control. Third, it would cause enforcement problems on U.S.-flag vessel owner/operators in the United States if they are found with forms past the expiration date. Fourth, the ORB does not require updating often because the information needed to determine compliance does not change often. Finally, completion of the oil record book is an indefinite requirement since it is the only way for the international maritime community to be able to verify compliance with MARPOL and enforce violations that may have occurred outside of their territorial seas. With an expiration date, there is a risk of being unable to fully and adequately meet the international obligations that the United States agreed to when it ratified the treaty. It is for these reasons that expiration date for OMB approval is not displayed on the ORB associated with this collection. Even if the OMB approval is for a particular span of time, the form must have an ability to be acceptable past that span of time in order to meet our obligations under the treaty.

18) Exception to the certification statement.

The Coast Guard 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.

Appendix A

Summary: This Appendix explains why the ORB must be in hard copy format.

Our international obligations are clear under the treaty to which we are party. A physical book is required to comply with the regulations under MARPOL 73/78. If the U.S. were to unilaterally utilize an electronic means to satisfy the regulation, our ships would be liable to fines and other sanctions when they visited the ports of signatory states to MARPOL 73/78, just as we would sanction a vessel in our waters that did not have an ORB.

To meet international treaty obligations and national compliance and enforcement requirements, the ORB must be maintained and available in written (i.e., non-electronic) format. The ORB content has been standardized. The U.S. Government prints the ORB and makes it available, from the Coast Guard, to masters and operators of all U.S. vessels.

Background:

AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 (MARPOL 73/78) were adopted on 15 October 2004 and entered into force on 1 January 2007. Under MARPOL 73/78, the U.S. is obligated to provide an Oil Record Book for use on board those vessels to which the treaty applies. These requirements are found in Annex I, Regulations 17 36 of MARPOL 73/78. These Regulations state:

Annex I, Regulation 17

Oil Record Book, Part I - Machinery space operations

1 Every oil tanker of 150 gross tonnage and above and every ship of 400 gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book Part I (Machinery space operations). The Oil Record Book, whether as a part of the ship’s official log-book or otherwise, shall be in the form specified in appendix III to this Annex.

Annex I, Regulation 36

Oil Record Book, Part II - Cargo/ballast operations

1 Every oil tanker of 150 gross tonnage and above shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations). The Oil Record Book Part II, whether as a part of the ship's official logbook or otherwise, shall be in the Form specified in appendix III to this Annex.

A hard copy record book for ORBs is required pursuant to our international obligations under MARPOL. If the U.S. were to unilaterally utilize an electronic means to satisfy the treaty obligation under MARPOL, our ships could be subject to fines and detentions when visiting the ports of signatory states to MARPOL 73/78.

The information required to be in an ORB is not amenable to the use of improved information technology. The information required is particular to each vessel’s oil cargo, fuel operation, and configuration. To meet international treaty obligations and national compliance and enforcement requirements, the ORB must be maintained and available in written (i.e., non-electronic) format. The ORB content has been standardized. The U.S. Government prints the ORB and makes it available, from the Coast Guard, to masters and operators of all U.S. vessels. The ownership of the ORB for all U.S. ships remains with the U.S. Government.

The CG regulations for ORB are found at 33 CFR 151.25 and can be accessed at the following: https://www.govinfo.gov/content/pkg/CFR-2018-title33-vol2/pdf/CFR-2018-title33-vol2-sec151-25.pdf.

1 The regulation requires “each oil tanker 150 gross tons or above, ship of 400 gross tons and above other than an oil tanker, and manned fixed or floating drilling rig or other platform shall maintain an ORB Part I (Machinery Space Operations). An oil tanker of 150 gross tons and above or a non oil tanker that carries 200 cubic meters or more of oil in bulk, shall also maintain an ORB Part II (Cargo/Ballast Operations),” (33 CFR 151.25).

2 This is based on (a) printing costs of $3,000, (b) distribution costs of $2,000 and (c) general overhead cost of $2,000 which includes warehouse storage, shipping, and handling costs ($3,000 + $2,000 + $2,000 = $7,000).

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