Predisclosure Notice Under the Freedom of Information Act for the Release of Vessel Response Plan Information on the Internet

Request for Comments

The Coast Guard encourages you to submit comments and related material. If you do so, please include your name and address, identify the docket number for this notice (USCG-1999-5484), indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by mail, hand, fax, or electronic means to the Docket Management Facility at the address under ADDRESSES; but please do not submit the same comment or material by more than one means. If you submit them by mail or hand, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know they were received, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We do not plan to hold a public meeting. You may request one by submitting a request to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that a meeting is necessary, we will hold one at a time and place announced by a later notice in the Federal Register.

Background and Purpose

The owners and operators of tank vessels are required to submit vessel response plans to the Coast Guard for review and approval in accordance with the Oil Pollution Act of 1990 and 33 CFR part 155. An important aspect of the planning and approval process is the submission and review of the preparedness arrangements made by the owner/operator for each Captain of the Port (COTP) zone in which their tank vessel operates. These arrangements include provisions for a ``qualified individual'', a spill management team, and contracted response resources. Contracted response resources include arrangements for oil spill removal organizations (OSROs), salvage and firefighting companies, and emergency lightering companies. As part of our review process, we maintain an electronic database that tracks both the status of these plans as well as many other important elements, such as the contracted response resources listed in the plan for each COTP zone where a vessel operates. We believe that it is important for Federal, State, and local governments, non- governmental organizations, response organizations, and other interested parties within the general public to have ready access to this pre-spill planning information. This information is critical for port state officials who are responsible for monitoring activities within their jurisdictions, as well as entities responsible for planning response activities in our coastal and riverine communities.

The Coast Guard has been working to make this information available to the public. In 1997, we developed an Internet website for disseminating important vessel response plan program information (www.uscg.mil/vrp). A portion of the Internet website provides the general public with the status of each plan's approval with respect to each COTP zone. We intend to expand the information available to the general public on this website to include other important data, such as identity of the contracted response resources listed for each COTP zone included in a plan. We intend to make the following information from its electronic database available to the general public via the Internet: (1) Owner name, (2) Operator name, (3) Point of contact information for owner/operator, (4) Point of contact information for plan preparer, (5) Date of last plan update, (6) Plan approval status, (7) Plan approval date, (8) Plan expiration date, (9) Plan identification number, (10) Vessel name, (11) Vessel identification number, (12) Vessel flag, (13) Vessel type, (14) Hull configuration, (15) Vessel length, (16) Cargo types, (17) Primary or secondary carrier designation, (18) Worst case discharge amount, (19) Qualified individuals, (20) Oil Spill Removal Organizations, (21) Other contracted resources, (22) Alternate compliance agreements, (23) Navigational restrictions, and (24) Operating environments. The information submitted in vessel response plans to the Coast Guard is covered by the Freedom of Information Act (FOIA), applicable regulations, and Executive Order 12600. Under FOIA, information must be disclosed unless it falls within one of the statute's listed exemptions. Exemption 4, which applies to information submitted to the Government by any private person, applies here. Exemption 4 shields from release confidential, commercial, or financial information if the release would cause substantial competitive harm to the submitter. Executive Order 12600 also applies and requires that before any executive agency releases information to which Exemption 4 would apply, it must give the submitter the opportunity to show that the material is confidential, commercial, or financial information and, if released, would cause substantial competitive harm to the submitter. If the submitter objects to the release of the information, then the agency weighs the submitter's arguments and makes a final determination on release of that information. The agency may release information if it does not accept the submitter's assertions of confidentiality or harm, but it must delay the release long enough to allow the submitter to obtain a court order preventing release. Executive Order 12600 provides that if there is a large number of submitters, as here, the agency may satisfy its requirements by publishing a notice reasonably calculated to accomplish notification. We have determined that publication of this notice in the Federal Register and in other relevant Coast Guard publications is reasonably calculated to accomplish notification of submitters of response plans. Under Executive Order 12600 and 49 CFR 7.17, we must have detailed justification to withhold material you believe should not be placed on the Internet. You should identify material from the twenty-four numbered items in this Notice under Background and Purpose that would be likely to cause substantial harm to your present or future competitive position if it were released to your competitors. You must provide to the Coast Guard, by a method listed in this Notice under ADDRESSES, detailed information on why release would be harmful. Describe specifically how the information could be used by competitors to your detriment. Some factors you may wish to describe to help us understand your position are (1) the general custom or usage of the information in your business, (2) the number and situation of the persons who have access to the information, and (3) the length of time the information will need to be kept confidential. All submitters of response plans who object to release of information from their plans should respond to this notice as detailed above. We will notify all submitters who respond to this notice of our decision to release or not release their information on the Internet. If a submitter of a response plan does not respond to this notice, we will assume there is no objection to the planned release of information from their plan. The response plan information which we decide to release will not be posted on the Internet until submitters who objected have been given a reasonable opportunity to seek judicial review of our decision.

Dated: April 25, 1999. R.C. North, Assistant Commandant for Marine Safety and Environmental Protection. [FR Doc. 99-11179 Filed 5-3-99; 8:45 am] BILLING CODE 4910-15-P