[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11889-11902]
[FR Doc No: 2018-05467]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 4

[Docket No. USCG-2016-0748]
RIN 1625-AC33

Marine Casualty Reporting Property Damage Thresholds

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the monetary property damage
threshold amounts for reporting a marine casualty and for reporting a
type of marine casualty called a ``serious marine incident.'' The
original regulations that set these dollar threshold amounts were
written in the 1980s and have not been updated since that time. Because
the monetary thresholds for reporting have not kept pace with
inflation, vessel owners and operators have been required to report
relatively minor casualties. Additionally, the original regulations
require mandatory drug and alcohol testing following a serious marine
incident. As a result, vessel owners and operators are conducting
testing for casualties that are less significant than those intended to
be captured by the original regulations. Updating the original
regulations will reduce the burden on vessel owners and operators, and
will also reduce the amount of Coast Guard resources expended to
investigate these incidents.

DATES: This final rule is effective April 18, 2018.

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email LCDR Baxter B. Smoak, CG-INV, Coast Guard; telephone 202-
372-1223, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Background, Basis, and Purpose
III. Regulatory History
IV. Discussion of Final Rule
V. Discussion of Comments and Changes
    A. Dollar Threshold Amounts for Reporting Marine Casualties
    B. Dollar Threshold Amounts for Reporting SMIs
    C. Periodic Adjustments of the Threshold Amounts for Reporting
Marine Casualties and SMIs
    D. Loss of Marine Casualty Data
    E. Amending the Dollar Amount Thresholds for Outer Continental
Shelf Casualty Reporting in Title 33 of the CFR
    F. Use of the CPI-U to Determine Reporting Threshold Amounts
    G. Nonsubstantive Changes to Reflect Updated CG-2692, Report of
Marine Casualty, Commercial Diving Casualty, or OCS-related Casualty
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. Abbreviations

BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COI Collection of Information
CPI-U Consumer Price Index for All Urban Consumers
DHS Department of Homeland Security
MISLE Marine Information for Safety and Law Enforcement
NPRM Notice of Proposed Rulemaking
OCMI Officer in Charge, Marine Inspection
OCS Outer Continental Shelf
OMB Office of Management and Budget
PVA Passenger Vessel Association
RA Regulatory analysis
SMI Serious marine incident
SNPRM Supplemental notice of proposed rulemaking.
U.S.C. United States Code
Sec.  Section symbol

II. Background, Basis, and Purpose

    Pursuant to 46 U.S.C. 6101, the Coast Guard is required to
prescribe regulations on marine casualty reporting and the manner of
reporting. Based on this authority, we developed regulations in part 4
of title 46 of the Code of Federal Regulations (CFR) that included,
among other criteria, monetary property damage threshold amounts for
reporting a ``serious marine incident'' \1\ (SMI) and for reporting a
marine casualty.\2\ The original regulations setting these property
damage threshold amounts were developed in the 1980s, and they have not
been updated since that time. With this final rule, we update the
dollar threshold amounts for property damage

in 46 CFR 4.03-2(a)(3) and 4.05-1(a)(7) to account for inflation.
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    \1\ 46 CFR 4.03-2.
    \2\ 46 CFR 4.05-1.
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    As described in greater detail in the notice of proposed rulemaking
(NPRM), there is Coast Guard and stakeholder consensus that the 1980s
property damage monetary threshold amounts listed in 46 CFR 4.03-2 and
4.05-1 have not kept pace with inflation.\3\ Over time, this has
resulted in the reporting of a greater number of casualties involving
relatively minor property damage. It was never our intent to require
owners or operators to notify us of casualties involving relatively
minor property damage. Consequently, we are amending the property
damage monetary threshold amounts to eliminate the reporting of
insignificant property damage incidents.
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    \3\ 82 FR 7755, page 7756.
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    Additionally, because the regulations require mandatory drug and
alcohol testing following an SMI, current regulations require chemical
testing of crewmembers for casualties that reach a minimum threshold of
$100,000 in property damage. Because of cost increases caused by
inflation, however, casualties that result in property damage between
$100,000 and $200,000 are no longer representative of a ``serious''
incident. The lack of inflation updates to our marine casualty
regulations has resulted in an additional administrative and financial
burden on vessel owners and operators, as well as on Coast Guard
resources used to investigate these incidents.

III. Regulatory History

    On January 23, 2017, the Coast Guard published an NPRM with request
for comments. No public meeting was requested, and none was held.

IV. Discussion of Final Rule

    This final rule changes the reportable marine casualty property
damage threshold amount in 46 CFR 4.05-1(a)(7) from $25,000 to $75,000.
In the NPRM, we proposed to make this threshold $72,000, but chose
$75,000 for reasons explained in the next section of this preamble.
This final rule also changes the SMI property damage threshold in 46
CFR 4.03-2(a)(3) from $100,000 to $200,000. This change is the same as
that proposed in the NPRM.
    With the dollar amount thresholds updated to account for inflation,
we expect there will be a decrease in the number of commercial vessel
casualties reported to the Coast Guard. The updates in this final rule
will also likely decrease the number of casualties that fall within the
definition of an SMI, and thereby reduce the number of chemical tests
administered following an SMI that results in $100,000.01 to $200,000
worth of property damage. However, mandatory chemical testing will
still be required if the property damage meets the updated dollar
threshold amount (in excess of $200,000) established in this final
rule. Our intent in setting a dollar amount threshold in our marine
casualty reporting regulation and within the definition of ``serious
marine incident'' was, and remains, to ensure that the Coast Guard is
aware of those incidents that could be indicative of more serious
problems that may be averted in the future with timely intervention.
    We expect that this final rule will result in an estimated annual
cost savings to industry of $40,809 due to a reduction in the hourly
burden of reporting and recordkeeping for both marine casualties and
SMIs, and an estimated annual cost savings of $4,751 for chemical
testing for marine casualties designated as SMIs. This final rule will
also result in cost savings to the Coast Guard by reducing the hourly
burden costs to investigate marine casualties, as well as the costs
associated with processing marine casualty forms. As a result, the
maritime industry and Coast Guard resources will be able to focus their
efforts on higher consequence incidents.
    Finally, this final rule makes several nonsubstantive changes
throughout 46 CFR part 4 to account for Office of Management and Budget
(OMB)-approved updates to forms that the maritime industry uses to
report on marine casualties and SMIs. The Coast Guard provides further
detail of these non-substantive changes below in Part V.G, Discussion
of Comments and Changes.

V. Discussion of Comments and Changes

    We received 45 public comments. The comments were from individuals
representing 25 private companies and 6 trade associations, and 1
anonymous source. Two of these private companies had two individuals
submit comments on their behalf, and 11 individuals representing one of
the other private companies submitted separate letters. Additionally,
one of the trade associations submitted two identical letters from the
same individual. We reviewed and took into consideration all 45
comments. The majority of commenters agreed with the NPRM that the
current dollar thresholds for reporting marine casualties and SMIs are
outdated and should be increased. Some commenters agreed with each of
the increased dollar threshold amounts proposed in the NPRM. Other
commenters recommended increasing the proposed dollar threshold amount
for reporting a marine casualty; of this group, most also recommended
increasing the proposed dollar threshold amount for reporting an SMI.
Still others recommended including a means to periodically adjust or
revise the dollar threshold amounts to make sure they continue to stay
current. One commenter recommended that the Coast Guard include within
the docket ``examples of the casualties which will no longer be
reported'' as a result of the increase in the dollar threshold amount
for property damage. Another commenter suggested that the proposal to
increase the dollar threshold amounts for reporting casualties and SMIs
be extended to the Outer Continental Shelf (OCS) regulations in 33 CFR
part 146, so that the reporting threshold amounts in both CFR titles
will be ``standardized.'' Finally, one commenter suggested that our
method of calculating the inflationary adjustment using the Consumer
Price Index for All Urban Consumers (CPI-U) yielded outdated figures,
and that there may be other reference indices that would produce more
accurate results.
    We have grouped these comments into the following categories:
     Dollar Threshold Amounts for Reporting Marine Casualties;
     Dollar Threshold Amounts for Reporting SMIs;
     Periodic Adjustments of the Threshold Amounts for
Reporting Marine Casualties and SMIs;
     Loss of Marine Casualty Data;
     Amending the Dollar Amount Thresholds for Outer
Continental Shelf Casualty Reporting in Title 33 of the CFR; and
     Use of the CPI-U to Determine Reporting Threshold Amounts.
    A detailed discussion of these comments and our responses follows.

A. Dollar Threshold Amounts for Reporting Marine Casualties

    Four commenters agreed with the increased dollar threshold amounts
exactly as proposed in the NPRM. Of the four commenters, three had
additional comments unrelated to the specific dollar threshold amounts.
Those comments are addressed in the following discussions and
responses.
    One commenter recommended increasing the proposed dollar threshold
amount of $72,000 for a marine casualty to a ``more memorable figure of
$75,000 or $100,000.''
    Coast Guard Response: We agree with the commenters that $75,000 and
$100,000 represent figures that are

easier to remember than $72,000. However, we do not agree with changing
the property damage threshold to $100,000. As we explained in the NPRM,
the Coast Guard, in arriving at the proposed threshold amount of
$72,000, calculated the inflation adjustment factor using the CPI-U.
Changing the threshold amount to $100,000 would not be consistent with
our intent to update the reporting threshold based on the rate of
inflation experienced since implementation of the original rule.
Changing the dollar threshold to $75,000, however, is consistent with
that intent and, as the commenter noted, is an easier dollar figure to
remember. Additionally, based on our casualty data, we believe that the
difference in reporting data between $72,000 and $75,000 will be
negligible and, for the reasons explained in the Regulatory Analysis
(RA) section of this final rule (Section VI), the affected population
of this rule remains unchanged from the NPRM. In this final rule,
therefore, we have changed the marine casualty reporting threshold for
property damage to $75,000.

B. Dollar Threshold Amounts for Reporting SMIs

    Thirty-six commenters recommended increasing the proposed dollar
threshold amount for reporting an SMI to $400,000, citing suggestions
from the Passenger Vessel Association (PVA). In support of its
recommendation for the Coast Guard to change the dollar amount of an
SMI from the proposed $200,000 to $400,000, the PVA explains that the
1:4 ratio between the existing dollar amount threshold for marine
casualty reporting ($25,000) and the existing dollar amount threshold
for a ``serious marine incident'' ($100,000) should be maintained under
the final rule.
    Coast Guard Response: We do not agree with the 1:4 ratio suggested
by the PVA and their members. While the original thresholds did have a
1:4 ratio, this relationship was not by design, nor was it our
intention to tie the threshold numbers together in this manner or to
suggest that a 1:4 ratio is optimal and should be maintained. Changing
the property damage threshold amount to $400,000 for an SMI, as
recommended by the commenters and the PVA, would not be consistent with
our intent to update the threshold amount based on the rate of
inflation experienced since implementation of the original rule.

C. Periodic Adjustments of the Threshold Amounts for Reporting Marine
Casualties and SMIs

    Thirty-seven commenters recommended including in the final rule a
provision for periodically adjusting both threshold amounts to account
for inflation, so that the Coast Guard will not be required to initiate
future rulemakings to update the threshold amounts. Of these, one
commenter pointed out that the Coast Guard was ``using the same CPI-U
numbers to calculate and revise the damage thresholds that they
currently employ for their civil penalty adjustments.'' Therefore, the
commenter suggested, we should include in the final rule a provision to
``revise [the dollar threshold amounts for both a marine casualty and
an SMI] using the same rate increase schedule as those for civil
penalty updates.''
    Coast Guard Response: We do not plan to establish automatic,
periodic inflation adjustments to these property damage threshold
amounts because the cost increase due to annual inflation may be too
insignificant to warrant an adjustment every year. Frequent adjustments
could also lead to confusion in what is to be reported. Additionally,
the maritime industry may also be burdened with updating training and
operational materials. We recognize, however, that these dollar amount
thresholds should be reviewed more frequently than in the past to
account for annual inflation. To that end, we will incorporate a 5-year
evaluation period in our internal Mission Management System audits to
ensure that the Coast Guard reviews the appropriateness of these dollar
threshold amounts on a regular, recurring basis.

D. Loss of Marine Casualty Data

    One anonymous commenter did not express support for or opposition
to the NPRM, but was concerned that an increase in the dollar threshold
amounts would mean a loss of data for those casualties whose property
damage amounts fall below the proposed thresholds. For those
casualties, the commenter believed the Coast Guard would not have the
necessary information to identify problems that may need attention. The
commenter recommended that the Coast Guard ``provide supplemental
information to the docket which provides examples of the casualties
which will no longer be reported,'' and stated that this information
should be available to the public ``because it was the data the Coast
Guard used to determine that the current thresholds are not adequate
and would clearly convey what type of data would no longer need to be
reported.''
    Coast Guard Response: We understand and appreciate the commenter's
concerns. However, we are changing the reporting thresholds only as
they relate to property damage. We feel that the various types of
reportable casualties detailed in 46 CFR 4.05-1 ensure we are made
aware of those incidents that could indicate more serious problems and
that may be averted in the future with timely intervention. These
include groundings, bridge allisions, loss of propulsion or steering,
certain equipment failures, incidents resulting in significant harm to
the environment, fire or flooding that adversely affects the vessel's
seaworthiness or fitness for service, injuries beyond first aid, and
loss of life--regardless of property damage cost. Nevertheless, we
understand that, under this final rule, there will be casualties that
involve property damage alone that will no longer be reported to the
Coast Guard. An example of such a casualty would be if a vessel allides
with a pier, and the resulting initial estimated property damage to the
vessel and pier structure is any amount between $25,000.01 and $75,000.
Assuming no pollution, deaths, injuries, or other reportable criteria
is met, this casualty would no longer be a reportable marine casualty
under this final rule. In reviewing historical data from the Coast
Guard's Marine Information for Safety and Law Enforcement (MISLE)
database, we are confident that the casualties reported that involve
only property damage under $75,000 are relatively minor in nature when
compared to all other reportable marine casualties. A specific example
that epitomizes this occurred aboard a moored foreign containership. In
this reportable marine casualty, a container being loaded by a
longshoreman using a shore-side crane struck the forward mast of the
vessel, resulting in over $66,000 in damage. Under this final rule, a
relatively minor incident like this will no longer be reported to the
Coast Guard.

E. Amending the Dollar Amount Thresholds for Outer Continental Shelf
Casualty Reporting in Title 33 of the CFR

    One commenter, speaking on behalf of the International Association
of Drilling Contractors, recommended that the increased dollar
threshold amount for reporting a marine casualty, as proposed in the
NPRM, also be applied to OCS facilities under 33 CFR part 146. If the
Coast Guard makes the proposed changes only in 46 CFR part 4, and not

also in 33 CFR part 146, the commenter stated that the Coast Guard
would ``appear to be penalizing'' OCS facilities, which would continue
to be required to report under the original dollar threshold amount of
$25,000. The commenter referred to a ``second related rulemaking (USCG-
2013-1057) in progress that proposes to broaden the regulatory
requirements for reporting marine casualties on the U.S. OCS,'' and
suggested that the Coast Guard review the marine casualty dollar
threshold amounts in both 33 and 46 CFR ``with a view towards
standardization.''
    Coast Guard Response: The commenter is correct that, because this
final rule is limited to vessels (see 46 CFR 4.03-1 and 4.05-1), it
does not affect the reporting threshold for OCS facilities. Changing
the $25,000 casualty damage threshold amount applicable to OCS
facilities is not within the scope of the rule we proposed, and we
think it is important to finalize the changes for vessels rather than
delay them in order to propose changes for OCS facilities. However, we
acknowledge the validity of the commenter's concern, and we will
consider amending the threshold reporting amount applicable to OCS
facilities in a future rulemaking.

F. Use of the CPI-U To Determine Reporting Threshold Amounts

    One commenter who was generally supportive of the NPRM stated that
the method we used to calculate inflationary adjustment by comparing
the average CPI-U for the base years with the average CPI-U for 2015
yielded outdated information. The commenter pointed out that the U.S.
Bureau of Labor Statistics (BLS) inflation calculator, available online
at the BLS website, allows users to compare base year values to values
for 2017. Therefore, the commenter contends, the threshold amount for
reporting a marine casualty as proposed in the NPRM is ``already
outdated by two years.'' The commenter recommended raising the
threshold amounts for a marine casualty and an SMI to $100,000 and
$400,000, respectively.
    Coast Guard Response: As stated previously, we agree that since the
NPRM was published, more recent CPI-U data is available. However, we
disagree with using the CPI-U BLS calculator to update to 2017. When
using the BLS calculator to update to 2017, the calculator updates to
the last available month of 2017 data. The CPI-U could have an unusual
increase or decrease in 1 month that is not representative of the
overall trend in the CPI-U over the full year. We take an average of
the 12 months of CPI-U data for the latest full year of data to better
represent the overall trend in CPI-U. We disagree with using 2017 data
because it would provide an incomplete year of data. The last full year
of CPI-U data available at the time of analysis was 2016. We have
updated this final rule in a way that encompasses the 2016 CPI-U data.
    Thirty-six commenters, citing suggestions from the PVA, recommended
increasing the threshold for reporting marine casualties to $100,000,
stating that the proposed figure of $72,000 ``is already outdated
because the (Coast Guard's) calculation used 2015 as the year inputted
into the CPI-U BLS calculator.'' The PVA and many of these commenters
also expressed the belief that the CPI-U may not be the right index to
use and that the $100,000 threshold reflects real, but non-CPI cost,
``inflation'' because of overtime and seasonality of repairs.
    Coast Guard Response: While we agree that more recent CPI-U data is
available since the publication of the NPRM, we decline to use 2017
data when computing the inflation adjustment factor using the BLS CPI-U
calculator because doing so would provide an incomplete year of data.
The last full year of CPI-U data is 2016, and using 2016 data instead
of 2015 data does not result in an inflation-adjusted amount larger
than the $75,000 figure already discussed. Specifically, if we
calculate the inflation adjustment by comparing the average CPI-U for
the base year 1980 (82.408) with the average CPI-U for 2016 (240.007),
we find a resultant inflation adjustment factor of 1.912.\4\ This
inflation adjustment factor represents how much inflation has occurred
since 1980. We multiply this inflation adjustment factor of 1.912 by
the current threshold of $25,000 to calculate the raw inflation
increment of $47,800. We then add this raw inflation to the original
penalty of $25,000, which results in a threshold of $72,800. When
rounding to the nearest thousand, this results in a revised threshold
of $73,000. Accordingly, for the reasons mentioned above and in
response to public comment, we are rounding to the nearest $5,000 to
attain a more memorable dollar amount of $75,000.
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    \4\ CPI Detailed Report, Data for December 2016, Table 24.
http://www.bls.gov/cpi/cpid1512.pdf.
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    The PVA states in its comment that it was not able to identify a
single index that best fits the maritime industry. We agree that there
is not a source that best fits the maritime industry. Because of this,
we use the CPI-U to adjust the monetary property thresholds. The CPI is
the most widely used and accepted index produced by the BLS to measure
the average change over time in prices paid by urban consumers for a
market basket of goods and services. Among other uses, the CPI serves
as an economic indicator of the effectiveness of government economic
policy, as a means of adjusting income payments, such as Social
Security and military benefits, and automatic wage increases in the
private sector, and as a means of adjusting Federal income tax
brackets.\5\ The specific CPI the Coast Guard uses is the unadjusted
All Items CPI-U. The CPI-U is the ``broadest and most comprehensive
CPI'' and, using unadjusted data, is more appropriate for this purpose
because seasonally adjusted CPI data is subject to revision for up to 5
years after their original release, making such data difficult to use
for adjustment purposes.\6\ The CPI-U represents about 89 percent of
the total U.S. population and is based on the expenditures of all
families in urban areas,\7\ which includes almost all residents of
urban or metropolitan areas, such as professionals, the self-employed,
the poor, the unemployed, and retired persons, as well as urban wage
earners and clerical workers.
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    \5\ BLS, Chapter 17: The Consumer Price Index, page 5, https://www.bls.gov/opub/hom/pdf/homch17.pdf.
    \6\ BLS, Consumer Price Index Frequently Asked Questions,
https://www.bls.gov/cpi/questions-and-answers.htm#Question_13.
    \7\ BLS, How To Use the Consumer Price Index for Escalation,
https://www.bls.gov/cpi/factsheets/escalation.htm.
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G. Nonsubstantive Changes To Reflect Updated CG-2692, Report of Marine
Casualty, Commercial Diving Casualty, or OCS-Related Casualty

    Finally, after publication of the NPRM, we realized that we failed
to include within the NPRM's proposed changes updates to the CG-2692
forms that OMB approved on September 29, 2016. OMB's approval was
preceded by two Federal Register notices in which the Coast Guard
sought public comment to these changes.\8\ The changes to Form CG-2692
involved revising its title and moving certain sections to two new
addendum forms. In this final rule, therefore, we are making
nonsubstantive changes throughout 46 CFR part 4 to reflect the recently
approved updates to the CG-2692 forms.\9\ Because the changes to the
CG-2692 forms are non-substantive, and a separate opportunity to
comment on the forms was provided through the OMB approval process that
is now complete, the Coast Guard finds

that good cause exists under 5 U.S.C. 553(b)(B) to bypass prior notice
and comment on the nonsubstantive changes to 46 CFR part 4 in this
final rule.
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    \8\ 80 FR 64430 and 81 FR 5774.
    \9\ This final rule makes nonsubstantive changes to sections
4.05-10, 4.05-12, 4.06-3, 4.06-5, 4.06-30, and 4.06-60.
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VI. Regulatory Analyses

    We developed this final 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 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory 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. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. OMB considers this
rule to be an Executive Order 13771 deregulatory action. See OMB's
Memorandum ``Guidance Implementing Executive Order 13771, Titled
`Reducing Regulation and Controlling Regulatory Costs' '' (April 5,
2017). An RA follows.
    In the NPRM, we proposed to revise the dollar threshold amount for
reporting a marine casualty from $25,000 to $72,000. After considering
public comments, we decided to increase the dollar threshold amount to
$75,000. This RA incorporates the new threshold amount. We reviewed the
incident investigation data from the Coast Guard's MISLE database used
to estimate the affected population, and found from 2012 through 2014,
there were a total of four marine casualty reports where the only
outcome was property damage of $72,000.01 through $75,000. After
accounting for rounding, these four additional marine casualty reports
over the three year period were not substantial enough to change the
approximately 5.3 percent of the 5,967 (or 316) fewer marine casualty
reports we expect will be required per year after implementation of
this final rule. Therefore, the affected population of this final rule
remains unchanged from that of the NPRM.
    We also updated the wage rates using BLS 2016 data. Table 1
summarizes the changes from the NPRM to this final rule, and the
resultant impact on the RA.

                               Table 1--Summary of Changes From NPRM to Final Rule
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       Element of the analysis                   NPRM                  Final rule         Resulting impact on RA
----------------------------------------------------------------------------------------------------------------
Replace reportable marine casualty     Replaced $25,000 with    Replaced $25,000 with    No impact.
 threshold.                             $72,000.                 $75,000.
Water transportation worker wage rate  $47.60, using May 2015   $50.84, using May 2016   Increased industry
                                        and 2016 1st quarter     and 2016 4th quarter     costs and resulting
                                        BLS data.                BLS data.                industry benefits.
----------------------------------------------------------------------------------------------------------------

    This RA provides an evaluation of the economic impacts associated
with this final rule. Under this final rule, the Coast Guard is
updating the reportable marine casualty dollar threshold in Sec.  4.05-
1(a)(7) of 46 CFR from $25,000 to $75,000, and the reportable SMI
dollar threshold in Sec.  4.03-2(a)(3) of 46 CFR from $100,000 to
$200,000, to account for inflation, as discussed in Section IV of this
final rule. Table 2 provides a summary of the affected population,
costs, and benefits after implementation of this final rule.

            Table 2--Summary of the Impacts of the Final Rule
------------------------------------------------------------------------
             Category                              Summary
------------------------------------------------------------------------
Applicability.....................  Replace the reportable marine
                                     casualty dollar threshold of
                                     $25,000 with $75,000.
                                    Replace the SMI dollar threshold of
                                     $100,000 with $200,000.
Affected Population...............  Owners, agents, masters, operators,
                                     or persons in charge involved in a
                                     marine casualty and crewmembers who
                                     are required to undergo chemical
                                     testing.
                                    Annual average of 316 vessel owners,
                                     operators, or their representatives
                                     reporting a marine casualty, 21
                                     marine employers reporting an SMI
                                     and submitting chemical testing
                                     results to the Coast Guard, and an
                                     average of 32 vessel crewmembers
                                     will no longer be required to
                                     complete chemical testing.
Costs.............................  No quantitative costs.
Benefits (Cost Savings)...........  $45,560 annualized and $319,994 10-
                                     year present value monetized
                                     industry benefits (cost savings)
                                     (7% discount rate).
                                    $637,688 annualized and $4,478,854
                                     10-year present value monetized
                                     government benefits (cost savings)
                                     (7% discount rate).
                                    Total of industry and government
                                     benefits: $683,248 annualized and
                                     $4,798,848 10-year present value
                                     monetized combined benefits (cost
                                     savings) (7% discount rate).
------------------------------------------------------------------------

Affected Population
    This final rule affects the owners, agents, masters, operators, or
persons in charge of a commercial vessel who, pursuant to 46 CFR 4.05-
1, are required to notify the Coast Guard whenever a vessel is involved
in a marine casualty and whenever crewmembers, pursuant to 46 CFR 4.06-
3, are required to complete chemical testing following an SMI.
Specifically, the regulations in this final rule affect those
individuals who would have completed the necessary forms (CG-2692
series) to report a marine casualty where the only outcome

was property damage of $25,000.01 through $75,000, or an SMI with
property damage of $100,000.01 through $200,000 (CG-2692 series,
supplemented with an appended SMI written report (CG-2692B)).\10\
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    \10\ ``Report of Required Chemical Drug and Alcohol Testing
Following a Serious Marine Incident.'' See, 46 CFR 4.05-10.
---------------------------------------------------------------------------

    We used incident investigation data from the Coast Guard's MISLE
database from 2012 through 2014 \11\ to estimate the average number of
vessel crewmembers affected by this final rule. From 2012 through 2014,
we found there was an average of 5,967 reports of a marine casualty per
year, with one individual per vessel, who we assume to be a vessel
crewmember, completing each report. An average of 271, or 4.5 percent
of the annual 5,967 marine casualty reports, involved an SMI.
---------------------------------------------------------------------------

    \11\ This 3-year time period was used to be consistent with the
existing Collection of Information, entitled ``Report of Marine
Casualty & Chemical Testing of Commercial Vessel Personnel,'' which
has OMB Control Number 1625-0001. Furthermore, as it often takes
years to close the cases, 2014 is the most recent complete year of
closed cases.
---------------------------------------------------------------------------

    Of the 5,967 marine casualty reports, 5.3 percent were for a
reportable marine casualty where the only outcome was property damage
of $25,000.01 through $75,000. Therefore, we expect that an average of
316 fewer reports of marine casualties will be required per year (5,967
reports x 5.3 percent, rounded). Vessel owners and operators benefit
from a reduction in the time burden associated with a crewmember no
longer having to prepare and submit the required marine casualty
reporting paperwork.
    Of the 271 casualty reports that involved an SMI, 7.9 percent were
cases in which the sole outcome of the SMI was property damage of
$100,000.01 through $200,000. Based on that annual average, the
revisions in this final rule will result in a reduction of 21 SMI
written reports (CG-2692B) per year due to the change to the monetary
threshold amount for an SMI involving property damage (271 reports x
7.9 percent, rounded). Because property damage of $100,000.01 through
$200,000 exceeds the threshold for a reportable marine casualty, the
forms for a marine casualty report (CG-2692 series) will still need to
be completed under this final rule. However, marine employers will no
longer be required to complete the additional paperwork required for an
SMI written report (CG-2692B). Consequently, marine employers benefit
from a reduction in the time burden associated with an SMI written
report (CG-2692B), as well as cost savings associated with chemical
testing.
Benefit or Cost Savings to Industry
    The benefit or cost savings to industry is the difference between
the current baseline cost to industry and the cost to industry after
implementation of this final rule.
Current Reporting Cost to Industry for CG-2692 and CG-2692B
    To estimate the benefit to industry, we first estimate the current
cost to industry. The cost to industry includes costs for reporting and
recordkeeping for a reportable marine casualty and the costs for
chemical testing for marine casualties designated as SMIs. The
reporting and recordkeeping costs for marine casualties include the
time to complete the forms (CG-2692 series) for a marine casualty, the
time for 10 percent of the forms to be internally reviewed before
submission, and the time to complete the additional SMI written report
(CG-2692B) pursuant to 46 CFR 4.06-60(a) when a marine casualty is
designated as an SMI. The time estimates and wage rates for reporting
and recordkeeping are taken from the existing Collection of Information
(COI), entitled ``Marine Casualty Information & Periodic Chemical Drug
and Alcohol Testing of Commercial Vessel Personnel,'' which has OMB
Control Number 1625-0001.\12\ We use the same time estimates and wage
rates in this analysis to maintain consistency and to capture the
changes resulting from this final rule.
---------------------------------------------------------------------------

    \12\ Existing Collection of Information, ``Marine Casualty
Information & Periodic Chemical Drug and Alcohol Testing of
Commercial Vessel Personnel'', OMB Control Number 1625-0001, Docket
Number USCG-2015-0910, can be found at https://www.federalregister.gov/documents/2015/10/23/2015-27019/information-collection-request-to-office-of-management-and-budget-omb-control-number-1625-0001.
---------------------------------------------------------------------------

    An average of 5,967 marine casualty reports are submitted annually
by vessel owners or operators. For each reportable marine casualty, we
estimated in the existing COI that it takes 1 hour for a vessel
crewmember to complete the necessary forms (CG-2692 series). We
estimated in the existing COI that the position of vessel crewmember is
analogous to a government employee at the grade level of a GS-03. The
fully loaded wage rate for a GS-03 is $26 per hour, according to
Commandant Instruction 7310.1P, ``Reimbursable Standard Rates.'' \13\
We use this version to maintain consistency with the existing COI 1625-
0001. The annual baseline cost to complete the current 5,967 CG-2692
series forms is $155,142 (5,967 marine casualty reports x $26).
---------------------------------------------------------------------------

    \13\ Out of Government Rate for GS-03. Hourly Rates for
Personnel ($), Enclosure (2) to Commandant Instruction 7310.1P.
---------------------------------------------------------------------------

    We estimate that it takes, on average, 1 hour to complete the CG-
2692 series of forms. However, we received public comments in 2011 on
the existing COI number 1625-0001 that stated that completing Form CG-
2692 takes more than 1 hour, and one commenter stated that it can take
up to 8 to 12 hours to complete the form.\14\ The reason for this
difference is that some entities choose to have the forms reviewed by
shoreside personnel, such as an attorney, prior to submission to the
Coast Guard. We adjusted our burden estimate to account for this
additional layer of review. To account for this additional time, 10
percent of the forms submitted have 10 hours of additional burden. The
additional time reflects internal review by individuals employed by the
vessel owner or operator in addition to the vessel crewmember who
completes the form. The additional reviewers may be shoreside
representatives, port engineers, and attorneys, among others. We
estimate that the wage rate for this added review is done by personnel
analogous to a government employee at the grade level of a GS-14. The
fully loaded wage rate for a GS-14 is $101 per hour, per Commandant
Instruction 7310.1P. The total annual cost of this additional time is
$602,970 (597 marine casualty reports x 10 additional burden hours x
$101).
---------------------------------------------------------------------------

    \14\ Docket ID: USCG-2011-0710. Comments can be found at https://www.regulations.gov/docket?D=USCG-2011-0710.
---------------------------------------------------------------------------

    When a marine casualty is designated as an SMI, the marine employer
must also complete a ``Report of Mandatory Chemical Testing Following A
Serious Marine Incident Involving Vessels in Commercial Service'' (Form
CG-2692B). (See 46 CFR 4.06-60.) We estimate that it takes 0.5 hours
for a marine employer analogous to a government employee at the grade
level of a GS-03 to complete this form. The annual cost to complete CG-
2692B is $3,523 (271 SMI reports x 0.5 hours x $26 per hour wage rate).
    Table 3 shows a summary of the current industry costs for reporting
and recordkeeping.

                     Table 3--Current Annual Industry Costs for Reporting and Recordkeeping
----------------------------------------------------------------------------------------------------------------
                                   Crewmembers/    Burden hours     Annual hour                     Annual cost
           Requirement               responses     per response       burden         Wage rate        burden
----------------------------------------------------------------------------------------------------------------
Written report of marine                   5,967             1.0           5,967             $26        $155,142
 casualty.......................
Additional Burden for 10% of                 597            10.0           5,970             101         602,970
 Respondents....................
SMI written report..............             271             0.5             136              26           3,523
                                 -------------------------------------------------------------------------------
    Totals......................  ..............  ..............          12,073  ..............         761,635
----------------------------------------------------------------------------------------------------------------

    As mentioned earlier in this final rule, when a marine casualty is
designated as an SMI, the crewmembers involved are required to take a
chemical test pursuant to 46 CFR 4.06-3. The marine employer incurs
costs for the actual costs of the chemical test and the time it takes
for a crewmember to take the chemical test. The actual cost of the
chemical test includes the costs of the chemical test collection kits,
collector fees, Coast Guard alcohol-testing swabs, and overnight
mailing. These costs can vary, but on average, the actual chemical test
costs approximately $100 per test.\15\ The number of vessel crewmembers
required to take a chemical test can vary depending on the
circumstances of the SMI. We analyzed the casualty reports that
involved an SMI from MISLE data and found an average of 1.5 crewmembers
per SMI were required to take a chemical test. We used an estimate of
1.5 crewmembers to estimate the costs of chemical testing to account
for the variation in crewmembers involved in SMIs. With an average of
271 SMIs per year, the current annual cost for the actual chemical
tests is $40,650 (271 SMIs x average of 1.5 crewmembers x $100 per
test).
---------------------------------------------------------------------------

    \15\ Most marine employers use a consortium that simplifies and
reduces the costs per test and also assists in managing a company's
drug-testing program. There are variables associated with the cost
of testing, as costs can vary depending on the number of personnel
included in a plan and the type of testing plan adopted by a
particular company. Based on discussions with industry and Coast
Guard medical testing, contract data that are not publically
available, we estimated testing costs of $79 and $114. We are,
therefore, using an average cost of $100 for this analysis [($79 +
$114)/2, rounded].
---------------------------------------------------------------------------

    In addition to the cost of the chemical tests, there is a cost
associated with the time it takes a vessel crewmember to complete the
chemical test. We estimate that it takes 1 hour for a crewmember to
complete the chemical test.\16\ We obtained the wage rate of the
crewmember from BLS, using Occupational Series 53-5000, Water
Transportation Workers (May 2016). The BLS reports that the mean hourly
wage rate for a water transportation worker is $33.45.\17\ To account
for employee benefits, we use a load factor of 1.52, which we
calculated from 2016 4th quarter BLS data.\18\ The loaded wage for a
crewmember is estimated at $50.84 ($33.45 wage rate x 1.52 load
factor). The cost of the time for a crewmember to take the chemical
test is $20,666 (271 SMIs x average of 1.5 crewmembers x 1 hour burden
x $50.84 wage rate). Therefore, the current annual cost to industry for
chemical testing is $61,316 (see table 4). Adding the costs for
chemical testing of $61,316 to the cost for reporting and recordkeeping
of $761,635 (see table 3), brings the current total annual cost to
industry to $822,951.
---------------------------------------------------------------------------

    \16\ Hourly estimate is from Coast Guard subject matter experts,
and takes into account that these are not planned tests, but instead
are emergent tests--required as a result of accidents--that must be
taken no later than 32 hours after the incident.
    \17\ Mean wage, https://www.bls.gov/oes/2016/may/naics3_483000.htm. Because the crewmembers taking the chemical
testing could be anyone from a junior deck officer up to a Master/
Captain/Chief Engineer, we use the broader Water Transportation
Worker (53-5000).
    \18\ Employer Costs for Employee Compensation provides
information on the employer compensation and can be found in Table 9
at https://www.bls.gov/news.release/archives/ecec_03172017.pdf.
http://data.bls.gov/data/. The loaded wage factor is equal to the
total compensation of $28.15 divided by the wages and salary of
$18.53. Values for the total compensation, wages, and salary are for
all private industry workers in the transportation and material
moving occupations, 2016 4th quarter.

                                               Table 4--Current Annual Industry Costs for Chemical Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Average                                                          Total cost  of
                           SMIs per year                               crewmembers    Cost of testing   Hours to take      Wage rate         testing
                                                                     tested per  SMI     procedures          test                           procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
271................................................................             1.5             $100                1           $50.84          $61,316
--------------------------------------------------------------------------------------------------------------------------------------------------------

Total Reporting Costs to Industry After Implementation of the Final
Rule

    Increasing the dollar threshold amount for a reportable marine
casualty involving property damage, as well as the dollar threshold
amount for property damage within the definition of a ``serious marine
incident,'' reduces the number of marine casualty responses by 5.3
percent, and the number of SMIs by 7.9 percent, annually. The burden
hours per response remain the same, but we estimate that the total
number of responses decreases to 5,651 for marine casualties and 250
for SMIs, resulting in 316 fewer reported marine casualties and 21
fewer SMIs. The following sections replicate the calculation of marine
casualty reporting and chemical testing, but reflect the reduced number
of reports and testing under the revised thresholds.
    For each reportable marine casualty, we estimate that it takes 1
hour for a vessel crewmember to complete all parts of the necessary
forms at a wage rate of $26. We estimate that the cost to complete the
reduced number of marine casualty forms is $146,926 (5,651 marine
casualty reports x $26).
    In addition to the time needed to complete the marine casualty
forms, some of the forms require additional processing time. The
additional processing time reflects internal review by individuals
employed by the vessel owner or operator, in addition to the time
needed by the vessel crewmember who completes the form. The additional
reviewers may be shoreside representatives, port engineers, or
attorneys, among others. To account for

this time, 10 percent \19\ of the forms submitted (565 forms) have 10
hours of additional burden, and the wage rate for this added review
will be done by personnel analogous to a government employee at the
grade level of a GS-14. We estimate that the total cost of this
additional time after the implementation of this final rule is $570,650
(565 marine casualty reports x 10 additional burden hours x $101).
---------------------------------------------------------------------------

    \19\ Docket ID: USCG-2011-0710, https://www.regulations.gov/docket?D=USCG-2011-0710.
---------------------------------------------------------------------------

    As mentioned earlier in this final rule, when a marine casualty is
designated as an SMI, the marine employer must complete an SMI written
report (CG-2692B). We estimate that it takes 0.5 hours for a marine
employer analogous to a government employee at a grade level of a GS-03
to complete this form.\20\ We estimate that the cost to complete the
additional forms for an SMI after implementation of this final rule is
$3,250 (250 SMI reports x 0.5 hours x $26 per hour wage rate).
---------------------------------------------------------------------------

    \20\ The wage rate for a marine employer to complete Form CG-
2692B and to report chemical test results to the OCMI is taken from
existing COI number 1625-0001.
---------------------------------------------------------------------------

    Table 5 shows a summary of the industry costs after implementation
of this final rule.

        Table 5--Annual Industry Costs for Reporting and Recordkeeping With Revised Reporting Thresholds
----------------------------------------------------------------------------------------------------------------
                                   Crewmembers/    Burden hours     Annual hour                     Annual cost
           Requirement               responses     per response       burden         Wage rate        burden
----------------------------------------------------------------------------------------------------------------
Written report of marine                   5,651             1.0           5,651             $26        $146,926
 casualty.......................
Additional Burden for 10% of                 565            10.0           5,650             101         570,650
 Respondents....................
SMI written report..............             250             0.5             125              26           3,250
                                 -------------------------------------------------------------------------------
    Totals......................  ..............  ..............          11,426  ..............         720,826
----------------------------------------------------------------------------------------------------------------

    The marine employer incurs the actual costs of the chemical test
and the wage burden it takes for a crewmember to complete the chemical
test. On average, each chemical test costs approximately $100. We use
an estimate of 1.5 crewmembers to estimate the costs of chemical
testing to account for the variation in crewmembers involved in SMIs.
With an average of 250 SMIs per year, the annual cost after
implementation of this final rule for the actual chemical tests is
$37,500 (250 SMIs x average of 1.5 crewmembers x $100 per test).
    In addition to the cost of the chemical tests, there is a cost
associated with the time it takes a vessel crewmember to complete the
chemical test. We estimate that it takes 1 hour for a crewmember to
complete the chemical test at a loaded wage rate of $50.84 per hour. We
estimate that the cost of the time for a crewmember to take the
chemical test under this final rule is $19,065 (250 SMIs x average of
1.5 crewmembers x 1 hour burden x $50.84 wage rate). Therefore, the
annual cost to industry for chemical testing after implementation of
this final rule is $56,565 (see table 6). Adding the costs for chemical
testing of $56,565 to the cost for reporting and recordkeeping of
$720,826 (see table 5) brings the estimated total annual cost to
industry to $777,391.

                               Table 6--Annual Industry Costs for Chemical Testing After Implementation of the Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Average                                                          Total cost of
                           SMIs per year                               crewmembers    Cost of testing   Hours to take      Wage rate         testing
                                                                      tested per SMI     procedures          test                           procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
250................................................................             1.5             $100                1           $50.84          $56,565
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The annual burden of reporting marine casualties and SMIs under the
current dollar amount thresholds is $822,951. The annual burden of
reporting under the new thresholds is $777,391. Therefore, we estimate
that the annual cost savings or benefit to industry after
implementation of this final rule is $45,560. Table 7 shows a summary
of the annual current industry cost burden, the annual industry cost
burden after implementation of the final rule, and the annual cost
savings resulting from implementation of this final rule.

      Table 7--Total Annual Cost Savings to Industry by Requirement After Implementation of the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                                Annual industry
                                                           Current annual    Annual industry      cost savings
                      Requirement                          industry cost    cost burden after        after
                                                               burden       implementation of  implementation of
                                                                                final rule         final rule
----------------------------------------------------------------------------------------------------------------
Written report of marine casualty......................           $155,142           $146,926             $8,216
Additional burden for 10% of respondents...............            602,970            570,650             32,320
SMI written report.....................................              3,523              3,250                273
Testing procedures.....................................             61,316             56,565              4,751
                                                        --------------------------------------------------------
    Total..............................................            822,951            777,391             45,560
----------------------------------------------------------------------------------------------------------------

    The total 10-year undiscounted industry cost savings of this final
rule is $455,600. Table 8 shows the 10-year estimated discounted cost
savings to industry to be $319,994, with an annualized cost savings of
$45,560, using a 7-percent discount rate.

 Table 8--Total Estimated Cost Savings or Industry Benefits of the Final Rule Over a 10-Year Period of Analysis
                                      [Discounted costs at 7 and 3 percent]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Total, discounted
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................         $45,560         $42,579         $44,233
2...............................................................          45,560          39,794          42,945
3...............................................................          45,560          37,191          41,694
4...............................................................          45,560          34,758          40,479
5...............................................................          45,560          32,484          39,300
6...............................................................          45,560          30,359          38,156
7...............................................................          45,560          28,372          37,044
8...............................................................          45,560          26,516          35,965
9...............................................................          45,560          24,782          34,918
10..............................................................          45,560          23,160          33,901
                                                                 -----------------------------------------------
    Total.......................................................         455,600         319,994         388,636
                                                                 -----------------------------------------------
        Annualized..............................................  ..............          45,560          45,560
----------------------------------------------------------------------------------------------------------------

Benefits or Cost Savings to Government
    The benefit to the Federal Government is the difference between the
baseline current cost to the Coast Guard and the cost to the Coast
Guard after implementation of this final rule.
Current Costs to Government
    We first estimated the current costs to the Coast Guard, which
include the cost to investigate a marine casualty and the cost of
processing marine casualty forms. Because an SMI is a type of marine
casualty, the estimate for the cost of the investigation and the
processing of the casualty forms includes those incidents that
constitute an SMI. Reportable marine casualties are investigated by the
Coast Guard. Some investigations may be more complex than others,
depending on the incident. The Coast Guard reviewed the CG-741 (Coast
Guard Office of Shore Forces) Sector Staffing Model to estimate the
average number of hours per investigation across all incident types.
The Sector Staffing Model assigns a total hourly effort for the type of
incident (e.g., allision, grounding, collision) that is matched against
MISLE data, which then provides the resource needs for each Coast Guard
Sector. We estimate that, across all types of incidents, these
investigations take an average of 25 hours for a Lieutenant (LT; O-3)
to complete. There is an average of 5,967 marine casualty cases per
year. The fully loaded wage rate for an O-3 is $78 per hour, per
Commandant Instruction 7310.1P. Table 9 shows the current annual cost
of investigations to be $11,635,650 (5,967 reportable marine casualties
x 25 burden hours x $78 wage rate).
    The Coast Guard must process the forms submitted for each
reportable marine casualty, and currently processes an average of 5,967
marine casualty reports per year. To maintain consistency and capture
the changes due to this final rule, the time estimates and wage rates
for processing the forms are taken from the existing COI 1625-0001. For
each reportable marine casualty, we estimate that it takes 1 hour by a
Lieutenant Junior Grade (LTJG; O-2) to process the forms (CG-2692
series), including auditing at a local field investigation office and
the entry of pertinent information into Coast Guard's MISLE system. The
fully loaded wage rate for an O-2 is $68 per hour, per Commandant
Instruction 7310.1P. Table 9 shows the current annual cost for the
Coast Guard to process reportable marine casualties to be $405,756
(5,967 reportable marine casualties x 1 burden hour x $68 wage rate).
We estimate that the total current annual cost to the Federal
Government is $12,041,406.

                                    Table 9--Current Annual Government Costs
----------------------------------------------------------------------------------------------------------------
                                    Reportable
          Cost category               marine       Burden hours    Annual hours      Wage rate      Annual cost
                                    casualties     per response
----------------------------------------------------------------------------------------------------------------
Investigation...................           5,967              25         149,175             $78     $11,635,650
Processing marine casualty                 5,967               1           5,967              68         405,756
 reports........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............      12,041,406
----------------------------------------------------------------------------------------------------------------

    Under this final rule, increasing the dollar amount threshold for
property damage reduces the number of reportable marine casualties by
5.3 percent, resulting in 316 fewer reportable marine casualties. The
burden hours per response for investigations and processing marine
casualty reports remains the same, but the average number of reportable
marine casualties decreases to 5,651 per year. We estimate that it
takes an average of 25 hours for an O-3 to complete and investigate and
1 hour for an O-2 to process the forms for each reportable marine
casualty. Table 10 shows the annual cost for the Coast Guard to
complete investigations under this final

rule to be $11,019,450 (5,651 reportable marine casualties x 25 hour
burden x $78). The annual cost to process reportable marine casualties
after implementation of this final rule is $384,268 (5,651 reportable
marine casualties x 1 hour burden x $68). We estimate that the total
annual cost to the Federal Government is $11,403,718 after
implementation of this final rule.

               Table 10--Estimated Annual Government Costs After Implementation of the Final Rule
----------------------------------------------------------------------------------------------------------------
                                    Reportable
          Cost category               marine       Burden hours    Annual hours      Wage rate      Annual cost
                                    casualties     per response
----------------------------------------------------------------------------------------------------------------
Investigation...................           5,651              25         141,275             $78     $11,019,450
Processing marine casualty                 5,651               1           5,651              68         384,268
 report.........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............      11,403,718
----------------------------------------------------------------------------------------------------------------

    The current annual cost to the Coast Guard to process marine
casualty reports is $12,041,406. The annual cost to the Coast Guard
after implementation of this final rule is $11,403,718. Therefore, the
annual Federal Government benefit of reducing those reportable marine
casualties that involve property damage alone is $637,688. This
reduction, however, does not result in a need for fewer Coast Guard
investigators, as the existing investigators will be able to focus
efforts on higher consequence incidents. We estimate the total
undiscounted cost savings or benefit of this final rule to the Federal
Government to be $6,376,880 over the 10-year period of analysis. Table
11 shows the total estimated 10-year discounted cost savings to the
Federal Government to be $4,478,854, with an annualized cost savings of
$637,688, using a 7-percent discount rate.

    Table 11--Total Estimated Cost Savings or Government Benefits of the Final Rule Over a 10-Year Period of
                                                    Analysis
                                      [Discounted costs at 7 and 3 percent]
----------------------------------------------------------------------------------------------------------------
                                                                       Total          Total discounted costs
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $637,688        $595,970        $619,115
2...............................................................         637,688         556,981         601,082
3...............................................................         637,688         520,543         583,575
4...............................................................         637,688         486,489         566,578
5...............................................................         637,688         454,663         550,075
6...............................................................         637,688         424,918         534,054
7...............................................................         637,688         397,120         518,499
8...............................................................         637,688         371,140         503,397
9...............................................................         637,688         346,860         488,735
10..............................................................         637,688         324,168         474,500
                                                                 -----------------------------------------------
    Total.......................................................       6,376,880       4,478,854       5,439,608
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         637,688         637,688
----------------------------------------------------------------------------------------------------------------

Total Cost Savings or Benefits of the Final Rule
    Table 12 presents the total estimated benefits or cost savings of
the final rule using 7- and 3-percent discount rates. We estimate the
total 10-year (industry and Federal Government) undiscounted cost
savings of this final rule to be $6,832,480. We estimate the total 10-
year discounted cost savings of this final rule to be $4,798,848, and
the annualized cost savings to be $683,248, using a 7-percent discount
rate. Using a perpetual period of analysis, we estimate the total
annualized cost savings of the final rule is $596,775 in 2016 dollars,
using a 7 percent discount rate.

     Table 12--Total Estimated Cost Savings or Benefits of the Final Rule Over a 10-Year Period of Analysis
                                    [Discounted benefits at 7 and 3 percent]
----------------------------------------------------------------------------------------------------------------
                                                                       Total             Total, discounted
                              Year                                 undiscounted  -------------------------------
                                                                       costs            7%              3%
----------------------------------------------------------------------------------------------------------------
1...............................................................        $683,248        $638,550        $663,348
2...............................................................         683,248         596,775         644,027
3...............................................................         683,248         557,734         625,269
4...............................................................         683,248         521,247         607,057
5...............................................................         683,248         487,146         589,376
6...............................................................         683,248         455,277         572,209
7...............................................................         683,248         425,493         555,543
8...............................................................         683,248         397,657         539,362

9...............................................................         683,248         371,642         523,653
10..............................................................         683,248         347,329         508,401
                                                                 -----------------------------------------------
    Total.......................................................       6,832,480       4,798,848       5,828,244
                                                                 -----------------------------------------------
        Annualized..............................................  ..............         683,248         683,248
----------------------------------------------------------------------------------------------------------------

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this final rule has 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.
    This final rule reduces the burden on industry by increasing the
property damage dollar threshold amount within the definition of
``SMI'' and for reporting a marine casualty incident. There is no
effect on any crewmember, owner, or operator of a vessel that does not
have a reportable marine casualty or serious marine incident. There is
no effect on any crewmember, owner, or operator of a vessel that has a
marine casualty with property damage less than or equal to $25,000, or
an SMI with damage less than or equal to $100,000, as these individuals
currently do not have to report the casualty and will not have to do so
under this final rule. There is no effect on any crewmember, owner, or
operator of a vessel that has a marine casualty with property damage
greater than $75,000, or an SMI with property damage greater than
$200,000, as these individuals must currently report such casualties
and perform chemical testing, and will continue to be required to do so
under this final rule.
    This final rule does not impose any direct costs on any specific
industry. The only affected individuals are owners or operators of
those vessels that would have been involved in a marine casualty where
the only outcome is property damage of $25,000.01 through $75,000, or
an SMI where the only outcome is property damage of $100,000.01 through
$200,000. These entities, which would have incurred costs to report
these casualties or conduct chemical testing, will be positively
affected by this final rule because of the increase in the monetized
threshold amounts.
    As discussed in Section VI.A, Regulatory Planning and Review, of
this final rule, we expect that an average of approximately 316 fewer
reports of marine casualties will be required per year, with one
individual per vessel who we assume to be a vessel crewmember
completing each report. We assume the 316 marine casualty reports occur
on 316 separate vessels. It is possible a vessel could have multiple
incidents in one year, resulting in multiple marine casualty reports,
but for this analysis we assume the 316 fewer reports are ascribed to
316 separate vessels. We compared this affected population to the total
population that could have a marine casualty and be required to prepare
and submit marine casualty reporting paperwork. We used the MISLE
Vessel Population data to estimate the total population that will be
affected. We found that the current total population of vessels that
could have a marine casualty and be required to submit paperwork is
209,475.\21\ Therefore, the 316 fewer vessels preparing marine casualty
paperwork represents 0.15 percent of the total population.
---------------------------------------------------------------------------

    \21\ Population data were pulled from MISLE on 9/28/2016. The
population is for commercial vessels that are active and in-service.
The population includes commercial fishing vessels, fish processing
vessels, freight barges, industrial vessels, mobile offshore
drilling units, offshore supply vessels, oil recovery vessels,
passenger (inspected and uninspected) vessels, passenger barges
(inspected and uninspected), public freights, public tankships/
barges, unclassified public vessels, research vessels, school ships,
tank barges, tank ships, and towing vessels.
---------------------------------------------------------------------------

    The owners or operators of these 316 vessels benefit from a
reduction in time burden associated with a crewmember no longer having
to prepare and submit the required marine casualty reporting paperwork.
Table 7 in Section VI summarizes the annual cost savings to industry by
requirement. Table 13 shows these annual cost savings and the vessel
population we estimated will benefit from each reduction in paperwork
or testing requirement.

                        Table 13--Maximum Potential Cost Savings per Vessel per Incident
----------------------------------------------------------------------------------------------------------------
                                                                                Maximum
                                                                   Total annual       Vessel      potential cost
                           Requirement                             cost savings     population      savings per
                                                                                vessel
----------------------------------------------------------------------------------------------------------------
Written report of marine casualty...............................          $8,216             316             $26
Additional Burden for 10% of Respondents........................          32,320              32           1,010
SMI written report..............................................             273              21              13
Testing Procedures..............................................           4,751              21             226
                                                                 -----------------------------------------------
    Totals......................................................          45,560  ..............           1,275
----------------------------------------------------------------------------------------------------------------

    The total cost savings per vessel for the population of 316 vessels
benefiting from this final rule will vary depending on the
requirements. For example, we estimate that 32 of the vessels (10
percent of population, rounded) will have savings due to a reduction in
marine casualty reports ($26), and an additional savings for the
additional burden of reviewing the paperwork ($1,010), in any given
year. Therefore, a one-time savings will be $1,036 for a vessel with
only these two requirements. The minimum savings is $26 for a vessel
that has only the requirement of preparing and submitting the marine
casualty report. If a vessel would have had to complete all the
requirements in table 13, the maximum cost savings is $1,275. This
maximum cost savings will be for a vessel with a marine casualty
designated as an SMI that completed additional paperwork and reported
the chemical test results to the Officer in Charge, Marine Inspection
(OCMI). Therefore, the owner or operator of the 316 vessels affected by
this final rule would have to have maximum annual revenues of $2,600 to
$127,500 for this final rule to have a positive impact greater than 1
percent.
    Therefore, pursuant to section 605(b) of the Regulatory Flexibility
Act, 5 U.S.C. 605(b), the Coast Guard certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities because the increase in the monetized property damage
threshold amounts reduces the reporting burden on crewmembers or vessel
owners or operators who complete the marine casualty reports or perform
the required chemical testing, as described above. This final rule
reduces the hourly burden associated with marine casualty reporting and
chemical testing and will not adversely affect small entities as
defined by the Small Business Administration in 13 CFR 121.201.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
    Small businesses may 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 final rule calls for a collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5
CFR 1320.3(c), ``collection of information'' comprises reporting,
recordkeeping, monitoring, posting, labeling, and other similar
actions. The title and description of the information collection, a
description of those who must collect the information, and an estimate
of the total annual burden follow.
    Under the provisions of the final rule, the Coast Guard will
collect information from ship personnel who are involved in marine
casualties resulting in more than $75,000 in property damage, and
serious marine incidents resulting in more than $200,000 in property
damage. This requirement amends an existing collection of information
by effectively reducing the number of instances requiring information
to be collected under OMB control number 1625-0001.
    Title: Report of Marine Casualty & Chemical Testing of Commercial
Vessel Personnel.
    OMB Control Number: 1625-0001.
    Summary of the Collection of Information: This final rule requires
responses such as the preparation of written notification by completing
Form CG-2692 (series), and the processing of records. We use this
information to identify pertinent safety lessons and to initiate
appropriate steps for reducing the likelihood of similar accidents in
the future. The collection of information will aid the regulated public
in assuring safe practices.
    Need for Information: These reporting requirements permit the Coast
Guard to initiate the investigation of marine casualties as required by
46 U.S.C. 6301, in order to determine the causes of casualties and
whether existing safety standards are adequate, or whether new laws or
regulations need to be developed. Receipt of a marine casualty report
is often the only way in which the Coast Guard becomes aware of a
marine casualty. It is therefore a necessary first step that provides
the Coast Guard with the opportunity to determine the extent to which a
casualty will be investigated.
    Proposed Use of Information: In the short term, the information
provided in the report may also trigger corrective safety actions
addressing immediate hazards or defective conditions, further
investigations of mariner conduct or professional competence, or civil
or criminal enforcement actions by the Coast Guard, other Federal
agencies, or state and local authorities. In the long term, information
contained in the report becomes part of the MISLE marine casualty
database at Coast Guard Headquarters. The Coast Guard uses the
information in the MISLE database to identify safety problems and long
term trends, publish casualty summaries and annual statistics for
public use, establish whether additional safety oversight or regulation
is needed, measure the effectiveness of existing regulatory programs,
and better focus limited Coast Guard marine safety resources.
    Description of the Respondents: The respondents are those owners,
agents, masters, operators, or persons in charge that notify the
nearest Sector Office, Marine Inspection Office, or Coast Guard Group
Office whenever a vessel is involved in a marine casualty.
Specifically, this final rule affects those vessel crewmembers and
marine employers who completed the necessary forms to report a marine
casualty where the only outcome was property damage of $25,000.01
through $75,000, or an SMI with property damage of $100,000.01 through
$200,000 (CG-2692 series).
    Number of Respondents: We estimate that the number of respondents
affected by this rule will be 5,651 per year. This is a decrease of 316
respondents from an OMB-approved number of respondents of 5,967 per
year that complete the CG-2692 series forms (a subset of the total
respondents in COI 1625-0001). We estimate that 250 of these marine
casualty respondents fall under the category of SMI respondents and
would have been required to fill out an additional SMI written report
(CG-2692B). This is a decrease of 21 respondents per year from 271
respondents.
    Frequency of Response: The notification response is required only
if a marine casualty occurs as defined in 46 CFR 4.03-2 and 46 CFR
4.05-1.
    Burden of Response: For each response, we estimate that it takes 1
hour for a vessel crewmember to complete all of the necessary forms
(CG-2692 series). In addition, some marine casualty forms may undergo
additional processing by the respondents. To account for this
additional time, 10 percent of the forms submitted have 10 hours of
additional

burden.\22\ When a marine casualty is designated as an SMI, the marine
employer must also complete an SMI written report (CG-2692B). We
estimate that it takes 0.5 hours for a respondent to complete an SMI
written report (CG-2692B)
---------------------------------------------------------------------------

    \22\ The Coast Guard estimates that it takes up to 1 hour to
complete Form CG-2692 (series). However, we received public comments
in 2013 on COI number 1625-0001 stating that some submitters take
more time--up to 8 to 12 hours--to complete the form. Docket ID:
USCG-2011-0710, https://www.regulations.gov/docket?D=USCG-2011-0710.
The reason for this difference is that some entities have the
form(s) reviewed by shore-side personnel, such as an attorney, prior
to submission to the Coast Guard. The practice of having a form
reviewed by an attorney is not required by Coast Guard regulation.
While we believe that this does not typically occur, we adjusted our
burden estimate to account for the added review.
---------------------------------------------------------------------------

    Estimate of Total Annual Burden: We estimate that the number of
responses will decrease by 316 per year. At 1 hour per response, the
reduced burden for submitting the responses will be 316 hours. In
addition, 10 percent of these responses would have required additional
processing of 10 hours per response, for a reduction of an additional
320 burden hours.\23\ We estimate that 21 of the responses would have
been designated as an SMI. At 0.5 hours per SMI, the burden will be
reduced by 11 hours (rounded). Therefore, this final rule decreases the
total annual burden by 647 hours.\24\
---------------------------------------------------------------------------

    \23\ Due to rounding in the estimates, the current burden for
the additional review is 5,970 hours. The burden under this final
rule is 5,650 hours, which is a reduction of 320 hours.
    \24\ The current annual burden in COI 1625-0001 for completing
the marine casualty forms, the additional processing for some
respondents, and the time to complete the SMI forms is 12,073 hours.
The annual burden under this final rule is 11,426 hours, a reduction
of 647 hours.
---------------------------------------------------------------------------

    This action contains amendments to the existing information
collection requirements previously approved under OMB Control Number
1625-0001. As required by 44 U.S.C. 3507(d), we will submit a copy of
this final rule to OMB for its review of the collection of information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(``Federalism'') if it has a substantial direct effect on 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 Executive Order 13132
and have determined that it does not have implications for federalism.
Our analysis follows.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. (See the Supreme Court's decision in United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000).) Because the
States may not regulate within this category, preemption under
Executive Order 13132 is not an issue.

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 one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

G. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks''). This 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 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 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, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD
(COMDTINST M164751D), which guide the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have concluded 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 Record of Environmental Consideration supporting this
determination is available in the docket where indicated under the
ADDRESSES section of this preamble. This rule involves regulations
concerning marine casualties and updates the monetary threshold amounts
for a reportable marine casualty as well as the definition of an SMI
relative to property damage. Thus, this action is categorically
excluded under Section 2.b.2, figure 2-1, paragraph (34)(d) of
COMDTINST M164751D.

List of Subjects in 46 CFR Part 4

    Administrative practice and procedure, Drug testing,
Investigations, Marine safety, National Transportation Safety Board,
Nuclear vessels, Radiation protection, Reporting and recordkeeping
requirements, Safety, Transportation.

    For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 4 as follows:

PART 4--MARINE CASUALTIES AND INVESTIGATIONS

0
1. 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).

Sec.  4.03-2   [Amended]

0
2. In Sec.  4.03-2(a)(3), remove the text ``$100,000'' and add, in its
place, the text ``$200,000''.

Sec.  4.05-1  [Amended]

0
3. In Sec.  4.05-1(a)(7), remove the text ``$25,000'' and add, in its
place, the text ``$75,000''.

0
4. In Sec.  4.05-10, revise paragraph (a) to read as follows:

Sec.  4.05-10  Written report of marine casualty.

    (a) The owner, agent, master, operator, or person in charge must,
within 5 days, file a written report of any marine casualty required to
be reported under Sec.  4.05-1. This written report is in addition to
the immediate notice required by Sec.  4.05-1. This written report must
be delivered to a Coast Guard Sector Office or Marine Inspection
Office. It must be provided on Form CG-2692 (Report of Marine Casualty,
Commercial Diving Casualty, or OCS-Related Casualty), and supplemented
as necessary by appended Forms CG-2692A (Barge Addendum), CG-2692B
(Report of Mandatory Chemical Testing Following a Serious Marine
Incident Involving Vessels in Commercial Service), CG-2692C (Personnel
Casualty Addendum), and/or CG-2692D (Involved Persons and Witnesses
Addendum).
* * * * *

0
5. Revise Sec.  4.05-12(b) introductory text and (d) to read as
follows:

Sec.  4.05-12  Alcohol or drug use by individuals directly involved in
casualties.

* * * * *
    (b) In the written report (Forms CG-2692 and CG-2692B) submitted
for the casualty, the marine employer must include information that--
* * * * *
    (d) If an individual directly involved in a casualty refuses to
submit to, or cooperate in, the administration of a timely chemical
test, when directed by a law enforcement officer or by the marine
employer, this fact must be noted in the official log book, if carried,
and in the written report (Forms CG-2692 and CG-2692B), and shall be
admissible as evidence in any administrative proceeding.

Sec.  4.06-3  [Amended]

0
6. In Sec.  4.06-3(a)(3) and (b)(2), remove the text ``form CG-2692B''
and add, in its place, the text ``Forms CG-2692 and CG-2692B''.

Sec.  4.06-5   [Amended]

0
7. In Sec.  4.06-5(b), remove the text ``form CG-2692B'' and add, in
its place, the text ``Forms CG-2692 and CG-2692B''.

Sec.  4.06-30  [Amended]

0
8. In Sec.  4.06-30(b), remove the text ``(Report of Required Chemical
Drug and Alcohol Testing Following a Serious Marine Incident)'' and
add, in its place, the text ``(Report of Mandatory Chemical Testing
Following a Serious Marine Incident Involving Vessels in Commercial
Service)''.

Sec.  4.06-60  [Amended]

0
9. Amend Sec.  4.06-60 as follows:
0
a. In Sec.  4.06-60(a), remove the text ``(Report of Required Chemical
Drug and Alcohol Testing Following a Serious Marine Incident)'' and
add, in its place, the text ``(Report of Mandatory Chemical Testing
Following a Serious Marine Incident Involving Vessels in Commercial
Service)''; and
0
b. In Sec.  4.06-60(b), remove the text ``(Report of Marine Casualty,
Injury or Death)'' and add, in its place, the text ``(Report of Marine
Casualty, Commercial Diving Casualty, or OCS-Related Casualty)''.

    Dated: March 8, 2018.
Jennifer F. Williams,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2018-05467 Filed 3-16-18; 8:45 am]
 BILLING CODE 9110-04-P