Deepwater Ports

 
CONTENT

Federal Register, Volume 80 Issue 68 (Thursday, April 9, 2015)

Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)

Proposed Rules

Pages 19117-19158

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2015-06611

Page 19117

Vol. 80

Thursday,

No. 68

April 9, 2015

Part II

Department of Homeland Security

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Coast Guard

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33 CFR Parts 148, 149, and 150

Deepwater Ports; Proposed Rule

Page 19118

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 148, 149, and 150

Docket No. USCG-2012-0061

RIN 1625-AB92

Deepwater Ports

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes revisions to its regulations for the licensing, construction, design, equipment, and operation of deepwater ports, which are offshore fixed or floating structures, other than vessels, used as ports or terminals for the import or export of oil and natural gas. The proposed revisions would provide additional information, clarify existing regulations, provide additional regulatory flexibility, and add new requirements to ensure safety. The proposed rule would not affect the license to operate of any existing deepwater port, nor would it result in the licensing of any new deepwater port. This proposed rule furthers the Coast Guard's maritime safety and stewardship missions.

DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov on or before July 8, 2015 or must reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-

2012-0061 using any one of the following methods:

(1) Online: http://www.regulations.gov.

(2) Fax: 202-493-2251.

(3) Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

(4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

To avoid duplication, please use only one of these four methods. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Kevin Tone, Deepwater Ports Standards Division (CG-OES-4), Coast Guard; telephone 202-372-1441, email Kevin.P.Tone@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments

  1. Submitting Comments

  2. Viewing Comments and Documents

  3. Privacy Act

  4. Public Meeting

    II. Abbreviations

    III. Executive Summary

    IV. Background

    V. Discussion of Proposed Rule

    VI. Regulatory Analyses

  5. Regulatory Planning and Review

  6. Small Entities

  7. Assistance for Small Entities

  8. Collection of Information

  9. Federalism

  10. Unfunded Mandates Reform Act

  11. Taking of Private Property

  12. Civil Justice Reform

    I. Protection of Children

  13. Indian Tribal Governments

  14. Energy Effects

    L. Technical Standards

  15. Environment

    I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

  16. Submitting Comments

    If you submit a comment, please include the docket number for this rulemaking (USCG-2012-0061), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission.

    To submit your comment online, go to http://www.regulations.gov, and follow the instructions on that Web site. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope.

    We will consider all comments and material received during the comment period and may change this proposed rule based on your comments.

  17. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, and follow the instructions on that Web site. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility.

  18. Privacy Act

    Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).

  19. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a request for one to the docket using one of the methods specified under ADDRESSES. In your request, explain why you believe a public meeting would be beneficial. If we decide to hold a public meeting, we will announce its time and place in a later notice in the Federal Register.

    II. Abbreviations

    ABS American Bureau of Shipping

    APPS Act to Prevent Pollution from Ships

    BOEM Bureau of Ocean Energy Management

    BSEE Bureau of Safety and Environmental Enforcement

    CE Certifying Entity

    CFR Code of Federal Regulations

    COA Certificate of Adequacy

    COTP Captain of the Port

    DHS Department of Homeland Security

    DNV Det Norske Veritas

    DOI Department of the Interior

    DWPA Deepwater Port Act of 1974

    EIA Energy Information Administration

    EIS Environmental Impact Statement

    E.O. Executive Order

    Page 19119

    FR Federal Register

    FWS National Fish and Wildlife Service

    HDD Horizontal Directional Drilling

    LNG Liquefied Natural Gas

    LOOP Louisiana Offshore Oil Port

    MARAD Maritime Administration

    MARPOL 73/78 International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention

    MODU Mobile Offshore Drilling Unit

    MOU Memorandum of Understanding

    MSU Marine Safety Unit

    MTSA Maritime Transportation Security Act of 2002

    NAICS North American Industry Classification System

    NEPA National Environmental Policy Act of 1969

    NMFS National Marine Fisheries Service

    OCMI Officer in Charge of Marine Inspection

    OMB Office of Management and Budget

    OPA 90 Oil Pollution Act of 1990

    PHMSA Pipeline and Hazardous Materials Safety Administration

    PLEM Pipeline End Manifold

    PMMP Prevention, Monitoring and Mitigation Program

    PRA Paperwork Reduction Act of 1995

    Pub. L. Public Law

    ROD Record of Decision

    SMS Safety Management System

    SOLAS International Convention for the Safety of Life at Sea

    SPM-NGTS Single Point Mooring-Natural Gas Transfer System

    SPM-OTS Single Point Mooring-Oil Transfer System

    STL buoy Submerged turret loading buoy

    Sec. Section symbol

    U.S.C. United States Code

    III. Executive Summary

    The purpose of this rulemaking is to revise existing Coast Guard regulations for deepwater ports. A deepwater port is a fixed or floating manmade structure, or a group of structures, other than a vessel, located beyond State seaward boundaries and used or intended for use as a port or terminal for the transportation, storage, and further handling of oil or natural gas for transportation to or from any State.\1\ The proposed revisions would expedite the deepwater port license application process by capitalizing on lessons learned from past license applications. They would also address recent changes in the natural gas industry by allowing the use of deepwater ports as export facilities.

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    \1\ See 33 U.S.C. 1502(9).

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    The legal basis of this rulemaking is 33 U.S.C. 1504(a) and (b), which require the Secretary of Transportation to issue regulations to implement the Deepwater Port Act of 1974, as amended (DWPA).\2\ Before 2003, the Coast Guard operated under the Department of Transportation, and the Secretary of Transportation's authority under Sec. 1504 was delegated to the Coast Guard in 49 CFR 1.46. When the Coast Guard was transferred to the Department of Homeland Security (DHS) in 2003, ``the authorities and functions of the Secretary of Transportation relating'' to the Coast Guard, including the Secretary of Transportation's authority relating to deepwater ports, also were transferred to DHS.\3\ The Secretary of Homeland Security has delegated the Secretary's regulatory authority under 33 U.S.C. 1504 to the Coast Guard.\4\ The Secretary of Transportation's authority to license deepwater ports \5\ is delegated \6\ to the Maritime Administrator.

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    \2\ 33 U.S.C. 1501 et seq.

    \3\ See 6 U.S.C. 468(b).

    \4\ See DHS Delegation No. 0170.1(II)(75).

    \5\ 33 U.S.C. 1503(b).

    \6\ 49 CFR 1.93(h).

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    This NPRM proposes numerous small revisions to a complex regulatory scheme. Collectively, these revisions will provide applicants with additional information and clarity, additional regulatory flexibility, and new requirements to ensure safety. Above all, the revisions should help applicants assemble more complete applications, to help them meet the Coast Guard's regulatory requirements within the strict time limitations mandated by the DWPA and without costly suspensions of the licensing process. The proposed rule would not affect the license to operate of any existing deepwater port, nor would it result in the licensing of any new deepwater port.

    This NPRM would impose no new regulatory costs and should help future license applicants receive more efficient, faster processing of their applications. Some proposed revisions may give applicants more flexibility than they have under current regulations. Finally, some applicants may benefit from proposed revisions that would facilitate the licensing of export deepwater ports.

    IV. Background

    Deepwater ports are oil or natural gas import or export facilities, not exploration, development, or production facilities like drilling rigs.\7\ Deepwater ports are subject to the DWPA. When the DWPA was first enacted, it applied only to deepwater ports handling oil imports. Section 106 of the Maritime Transportation Security Act of 2002 \8\ (MTSA) amended the DWPA to apply to natural gas imports as well. Section 312 of the Coast Guard and Maritime Transportation Act of 2012 \9\ further amended the DWPA so that it now also authorizes deepwater ports for oil or natural gas exports. MARAD must license each deepwater port before it can be built and commissioned and begin operations, but MARAD consults the Coast Guard and other Federal agencies,\10\ as well as affected State governments, before issuing licenses. License applications are jointly processed by the Coast Guard and MARAD, and we conduct the necessary analysis to determine whether a proposed deepwater port will comply with the DWPA and to ensure compliance with other applicable laws, in particular the National Environmental Policy Act of 1969 (NEPA). Also, the Coast Guard provides the regulatory framework governing the application and licensing process as well as the design, construction, equipment, and operation of deepwater ports. Our deepwater port regulations in 33 CFR subchapter NN (parts 148, 149, and 150) were first issued in 1975, and were extensively revised in 2004 and 2006 to reflect the 2002 extension of the DWPA to natural gas.

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    \7\ See 33 CFR 140.10 (excluding deepwater ports from the definition of an Outer Continental Shelf facility).

    \8\ Public Law 107-295, 116 Stat. 2064.

    \9\ Public Law 112-213, 126 Stat. 1540.

    \10\ The Department of the Interior (DOI) advises license applicants that: (a) In accordance with 43 U.S.C. 1334(a)(5), to the extent that a proposed deepwater port's design includes subsurface storage on submerged lands of the Outer Continetal Shelf, that storage is subject to DOI's review and approval; (b) As a cooperating agency during a license application's processing, the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) participate in the review of proposed deepwater ports; and (c) under BSEE regulations (30 CFR part 250, subpart J), a right-of-way granted by BSEE and a right-of-

    way rental amount may be required.

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    Since our most recent substantive revision of subchapter NN,\11\ the Coast Guard has received eight applications to site, construct, and operate natural gas deepwater ports. Four applications were subsequently withdrawn by the applicants. Of the remaining four, two deepwater ports have been constructed, one has been issued a license to construct, and one has initial approval through a favorable Record of Decision (ROD) \12\ from MARAD. All four were for natural gas imports. In processing these four applications, the Coast Guard and other Federal agencies have identified additional, specific types of information that are necessary to ensure a timely review of, and decision on, deepwater

    Page 19120

    port applications. During the application review process, and after the construction and operation of new deepwater ports, we gained additional insight into the technical and operational requirements that will help ensure operations are conducted efficiently and in a manner that furthers safety, security, and environmental protection. The DWPA, 33 U.S.C. 1504(g), provides a 240-day ``clock'' within which license applications must be processed (from publication of the notice of initial application to the final public hearing). To ensure compliance with the DWPA and NEPA, those wanting to build and operate a deepwater port must provide complex and highly technical information with their license applications. Under 33 U.S.C. 1504(c)(1), the Coast Guard has 21 days in which to determine whether an application appears to contain all the necessary information. If the application appears to be incomplete, the Coast Guard informs the applicant as to its deficiencies, and takes no further action until the deficiencies are corrected. If the application appears to be complete, the Coast Guard must publish a notice of the application and a summary of the plans in the Federal Register. Long after this initial determination of completeness, however, we often find that we need additional information to complete a proper analysis of the proposed deepwater port's environmental impact, and the applicant is required by 33 U.S.C 1504(c)(2)(M) to provide that information. Our regulations \13\ make it clear that the need to obtain important additional information ``stops the clock,'' extending the 240-day deadline by the length of time needed to obtain the additional information.

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    \11\ 71 FR 57644; Sep. 29, 2006.

    \12\ A Record of Decision states what the agency's decision is; identifies all alternatives considered by the agency, specifies the alternative or alternatives which were considered to be environmentally preferable; and states whether all practicable means to avoid or minimize environmental harm from the alternative selected have been adopted, and if not, why they were not. See 40 CFR 1505.2.

    \13\ At 33 CFR 148.107(c)(3).

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    V. Discussion of Proposed Rule

    This proposed rule draws on the lessons we have learned about efficiencies in the license application review process and in building and operating safe and efficient deepwater ports. In developing this proposed rule, we have consulted with MARAD and other Federal agencies that work with us on deepwater port issues, and we will continue this consultation as we develop a final rule.

    This proposed rule would primarily clarify existing requirements or provide more information about how those requirements intersect with the requirements of other Federal agencies and State governments that have roles in the licensing and operation of deepwater ports. The intent of this proposed rule is to reduce the number of times the ``clock is stopped'' pursuant to our regulations, thereby reducing the time needed to reach decisions on applications. Although we propose a few new requirements, they are likely to impose no new regulatory costs because they track with industry's current behavior. We also propose several changes that should provide industry with additional regulatory flexibility. Our proposals would apply to any applications received after the effective date of the final rule. The rule would not affect the license to operate any existing deepwater port, nor would they result in the licensing of any new deepwater port.

    The proposed rule aligns with directives in several Executive Orders (E.O.s). Section 3(a)(1) of E.O. 12988 \14\ requires agencies to review proposed regulations to eliminate drafting errors and ambiguity, and our proposed rule will clarify ambiguities that have come to light since we last amended our current regulations. Because the proposed rule draws on lessons learned from applying our current regulations, it helps make those regulations more effective and less burdensome and is therefore in line with E.O. 13563.\15\ In light of the recent surge in U.S. natural gas production, and now that the DWPA permits deepwater ports to export oil and natural gas, our proposed rule may also facilitate the development or conversion \16\ of existing deepwater ports to export U.S. natural gas by clarifying the deepwater port application process and lessening the likelihood of time-consuming delays in that process. Therefore it may contribute to the job creation and economic benefits that are goals of E.O. 13605.\17\

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    \14\ ``Civil Justice Reform,'' 61 FR 4729 (Feb. 5, 1996).

    \15\ ``Improving Regulation and Regulatory Review, ''76 FR 3821 (Jan. 21, 2011), Sec. 6(b).

    \16\ An application for the conversion of an existing import facility to one adapted for export would require the submission of a new application fee. The conversion application would need to address all the same issues addressed in an original application.

    \17\ ``Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources,'' 77 FR 23107 (Apr. 17, 2012).

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    The changes we propose for part 148 focus on providing deepwater port license applicants with clearer information about the information we require, so that applicants will be less likely to encounter ``stopped clocks.'' We propose reorganizing part 149, which addresses the complex process of designing, constructing, and equipping deepwater ports. Other changes in part 149 would clarify its requirements or adapt terminology to the reality that no two deepwater ports use identical design elements. Most of the procedural changes we propose would affect the deepwater port operations requirements in part 150. In addition to clarifying part 150's requirements and providing more information, we propose changes (in line with current industry practice) that would ensure that future deepwater ports continue to meet acceptable levels of safety.

    Table 1 lists each section that we propose adding or amending, and briefly explains our rationale for the proposal. It omits the nonsubstantive redesignation of specific sections as part of the reorganization of part 149, which we discuss in the table, and the nonsubstantive insertion of ``but not limited to'' in lists, to emphasize their non-exclusive nature.

    Table 1--Changes Proposed for 33 CFR Subchapter NN

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    Section Change Nature of change Discussion

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    PART 148

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    3...................................... Revise descriptions Informational........ Based on latest statutory

    of each agency's or interagency

    authority. allocation of functions.

    We would describe, not

    change, that allocation.

    5...................................... ``Accommodation Add definition....... Term figures in proposed

    module''. changes.

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    ``Construction''..... Revise definition.... Clarify that Coast Guard

    oversight applies

    throughout the deepwater

    port lifecycle by

    emphasizing that

    construction applies to

    any activity incidental

    to building, repairing,

    or expanding a deepwater

    port.

    ``Deepwater port''... Revise definition.... Align with current

    statutory language,

    which allows deepwater

    ports to export as well

    as import oil or natural

    gas.

    ``Deepwater port Add definition....... Term figures in proposed

    security plan''. changes.

    ``Engineering Revise definition.... Clarify that the

    geological survey''. necessary analysis

    considers all geological

    factors and is not

    limited to

    hydrographics. Coast

    Guard's experience is

    that the scope of this

    analysis has been

    confusing in the past.

    ``Flexible riser and Add definition....... Term figures in proposed

    umbilical''. changes.

    ``Lease block''...... Revise definition.... Simplify statutory

    citations.

    ``Major conversion''. Transfer definition.. Transfer from part 149

    without substantive

    change.

    ``Marine Safety Unit Add definition....... Updated Coast Guard

    (MSU) Commander''. internal organization.

    ``Marine site''...... Revise language...... Clarify meaning of

    ``including.''

    ``Maritime Revise definition.... Updated MARAD

    Administration''. information.

    ``Mile''............. Add definition....... Clarify that subchapter

    NN references to miles

    mean nautical miles.

    ``Operator''......... Revise definition.... Clarify that the operator

    may be the licensee's

    designee and not the

    licensee itself.

    ``Person in charge''. Revise definition.... Clarify definition.

    ``PIC''.............. Add definition....... Add separate definition

    to help distinguish

    ``person in charge''

    from ``PIC.''

    ``Pipeline''......... Add definition....... Define to distinguish

    portion of interest to

    Coast Guard from

    equipment regulated by

    Pipeline and Hazardous

    Materials Safety

    Administration.

    ``Pipeline end Add definition....... Define to distinguish

    manifold''. portion of interest to

    Coast Guard from

    equipment regulated by

    Pipeline and Hazardous

    Materials Safety

    Administration (PHMSA).

    ``Prevention, Add definition....... Term figures in proposed

    monitoring, and changes.

    mitigation program''.

    ``Safety zone''...... Revise definition.... Clarify that a deepwater

    port is the facility at

    issue.

    ``Service space''.... Transfer definition.. Transfer from part 149

    without substantive

    change.

    ``Single point Revise definition.... Clarify and distinguish

    mooring oil transfer terms that are sometimes

    system''. confused.

    ``Single point Revise definition.... Clarify and distinguish

    mooring natural gas terms that are sometimes

    transfer system''. confused.

    ``Sleeping space''... Transfer definition.. Transfer from part 149

    without substantive

    change.

    ``Submerged turret Add definition....... Term figures in proposed

    loading buoy''. changes.

    ``Vessel''........... Revise definition.... Conform to definition

    used in 1 U.S.C. 3.

    8...................................... Certifying entities Provide additional Operators are currently

    (CEs). regulatory allowed to use CEs to

    flexibility. assist with post-

    licensing technical

    matters. We would also

    allow license applicants

    to use CEs during the

    application process, to

    help identify

    information gaps and

    resolve technical

    questions.

    105(g)(1)(i)........................... Describe MARAD as Informational........ We would more accurately

    acting in reflect MARAD's lead

    consultation with role for matters

    the Coast Guard, regarding the financial

    instead of the Coast responsibility of a

    Guard acting in deepwater port

    concurrence with application.

    MARAD.

    105(g)(2)(iii)......................... Change ``operator'' Clarification........ Financial liability rests

    to ``licensee,'' as with a deepwater port's

    the party licensee, not with the

    responsible for operator, who may be

    deepwater port only the licensee's

    removal costs. designee.

    105(i)(1).............................. Change ``is'' to Style................ Style change.

    ``will be''.

    105(j)................................. Provide additional Informational........ We would give license

    information about applicants more detailed

    coastal zone information, including a

    management. reference to applicable

    National Oceanic and

    Atmospheric

    Administration

    regulations, to help

    applicants more quickly

    establish compliance

    with 33 U.S.C.

    1503(c)(9)'s requirement

    for an approved coastal

    zone management program

    under the Coastal Zone

    Management Act of 1972.

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    105(k)................................. Provide an Provide additional Delay in securing the

    alternative to the regulatory services of a registered

    use of a flexibility. professional surveyor

    professional has ``stopped the

    surveyor. clock'' in at least one

    instance. We would allow

    the use of others with

    equivalent professional

    competency.

    105(m)(1)(i)........................... Revise provisions Clarification........ We would delete language

    relating to fixed concerning connected

    and floating actions, because it is

    structures. redundant with the

    requirement in 33 CFR

    148.105(l) to provide

    data for onshore storage

    areas, pipelines, and

    refineries.

    105(m)(1)(iii)......................... Revise provisions Clarification........ We would clarify that

    relating to anchorages and mooring

    anchorages and areas can be used during

    mooring areas. a deepwater port's

    construction as well as

    after it becomes

    operational.

    105(m)(2).............................. Revise description of Clarification........ We would delete some

    required survey specifications

    reconnaissance because MARAD describes

    hydrographic survey. the specific information

    it requires in the

    license conditions it

    sets for individual

    deepwater ports.

    Allow exceptions to 5- Provide additional The proposed change would

    year limit on age of regulatory allow the use of older

    data. flexibility. data, with Coast Guard

    approval, which would be

    granted so long as newer

    data is provided for any

    specific locations

    having a high degree of

    hydrographic

    variability.

    105(m)(3).............................. Add language for Revision............. MetOcean data is

    meteorological and essential for analyzing

    oceanographic a proposed deepwater

    (``MetOcean'') data. port's environmental

    impact. If it is not

    included with the

    license application, we

    currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    add the need to include

    MetOcean data in the

    initial application, to

    better inform applicants

    and reduce the

    likelihood of ``clock

    stoppage.''

    105(m)(4).............................. Add language for Revision............. Vessel traffic data is

    vessel traffic data. essential for analyzing

    a proposed deepwater

    port's environmental

    impact and for the Coast

    Guard's analysis of risk

    mitigation. If it is not

    included with the

    license application, we

    currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    add the need to include

    vessel traffic data in

    the initial application,

    to better inform

    applicants and reduce

    the likelihood of

    ``clock stoppage.''

    105(n)................................. Add language for Revision............. We would clarify that

    engineering full geological

    geological survey information, not just

    (presently soil soil data, is essential

    survey) data. for analyzing a proposed

    deepwater port's

    environmental impact. If

    it is not included with

    the license application,

    we currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    add the need to include

    geological survey data

    in the initial

    application, to better

    inform applicants and

    reduce the likelihood of

    ``clock stoppage.''

    Allow exceptions to 5- Provide additional The proposed change would

    year limit on age of regulatory allow the use of older

    data. flexibility. data, with Coast Guard

    approval.

    Provide an Provide additional Delay in securing the

    alternative to the regulatory services of a

    use of a flexibility. professional engineer

    professional has ``stopped the

    engineer. clock'' in at least one

    instance. We would allow

    the use of others with

    equivalent professional

    competency.

    105(s)(6)(iv).......................... Add Revision............. We would clarify that

    ``regasification'' information about the

    to existing language. methods the applicant

    expects to use in

    regasifying natural gas

    prior to transmission is

    essential for analyzing

    a proposed deepwater

    port's environmental

    impact. If it is not

    included with the

    license application, we

    currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    add the need to include

    regasification data in

    the initial application,

    to better inform

    applicants and reduce

    the likelihood of

    ``clock stoppage.''

    105(t)................................. Add recommendation Informational........ We would provide license

    for PHMSA applicants with

    consultation. additional information,

    and we would encourage

    them to consult with

    PHMSA, to help

    facilitate an

    applicant's ability to

    comply with PHMSA

    requirements for

    pipeline safety.

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    105(y)................................. Add language for risk Informational........ A license applicant's

    and consequence risk and consequence

    assessment. assessment is essential

    for analyzing a proposed

    deepwater port's

    environmental impact and

    is currently subject to

    Coast Guard validation.

    We would provide

    additional information

    about methods that the

    Coast Guard may use to

    conduct that validation,

    including the conduct of

    an independent

    assessment by a third

    party selected by the

    Coast Guard. We would

    also restate the Coast

    Guard's existing

    authority under 33 CFR

    148.107 to require the

    applicant to provide

    ``additional

    information'' when

    necessary.

    105(z)................................. Add language for NEPA Clarification........ This paragraph currently

    alternatives. requires license

    applicants to provide an

    environmental analysis

    sufficient to meet the

    requirements of NEPA.

    Under NEPA,

    environmental analysis

    must include

    consideration of a range

    of reasonable

    alternatives to key

    aspects of the action

    being analyzed. If

    alternatives are not

    discussed in the initial

    license application, we

    currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    clarify the need to

    discuss alternatives in

    the initial application,

    to better inform

    applicants and reduce

    the likelihood of

    ``clock stoppage.''

    105(ff)................................ Add language for Clarification........ A license to operate a

    International deepwater port is

    Convention for the granted only if it is

    Prevention of determined that the

    Pollution from applicant ``can and will

    Ships, 1973, as comply with applicable

    modified by the laws, regulations, and

    Protocol of 1978 license conditions.'' 33

    relating to that U.S.C. 1503(c)(2).

    Convention (MARPOL MARPOL, and MARPOL-

    73/78). implementing regulations

    in 33 CFR part 158, are

    applicable to deepwater

    ports, and a Certificate

    of Adequacy (COA) is

    required to demonstrate

    compliance with part

    158. If the COA is not

    requested in the initial

    license application, we

    currently require the

    applicant to provide it

    as ``additional

    information'' under 33

    CFR 148.107. We would

    clarify the need to

    request the Certificate

    in the initial

    application, to better

    inform applicants and

    reduce the likelihood of

    ``clock stoppage.''

    107(b)................................. Add references to Clarification........ We would clarify that the

    MARAD. Coast Guard may request

    additional information

    on behalf of MARAD as

    well as on the Coast

    Guard's own behalf.

    107(c)-(e)............................. Revise (c) and add Clarification........ Paragraph (c) of this

    (d) and (e), section currently allows

    regarding ``clock the Coast Guard to

    stoppage''. suspend the processing

    of a license application

    indefinitely (``stop the

    clock'') in order to

    obtain additional

    information. We would

    provide additional

    information to clarify

    and help applicants

    better understand how

    ``stopping the clock''

    works. This proposed

    change should be read

    along with the proposed

    change to 33 CFR 148.276

    and 148.283 relating to

    suspension and

    withdrawal of an

    application.

    125(c)................................. Add ``additional Clarification........ Under 33 U.S.C.

    environmental 1504(h)(1), license

    analysis'' to applicants must

    existing language. ``reimburse the United

    States and the

    appropriate adjacent

    coastal State for any

    additional costs

    incurred in processing

    an application.'' We

    would add, as a

    clarification, the need

    for additional

    environmental analysis

    as an example of when

    additional costs will be

    incurred. A past

    applicant's change in

    plans for the proposed

    deepwater port raised

    the potential need for

    additional environmental

    analysis.

    209(a)................................. Remove reference to Informational........ We would delete a

    interagency reference to an expired

    memorandum of MOU that can no longer

    understanding (MOU). be consulted for the

    current list of all

    Federal agencies

    involved with deepwater

    ports.

    Page 19124

    211(a)................................. Revise language Clarification........ This paragraph currently

    describing the need requires a license

    for changes in applicant to promptly

    applications. notify the Coast Guard

    of any changes to its

    application. We would

    clarify that we consider

    any circumstance that

    makes statements in the

    application no longer

    accurate to be a

    ``change'' requiring

    prompt notification.

    211(b)................................. Revise language Clarification........ As currently worded, this

    describing how paragraph may imply that

    changes are made in any substantial change

    applications. requires a license

    applicant to completely

    revise its application.

    We would clarify that

    our existing practice

    generally is to allow

    the applicant simply to

    amend its application to

    make the change.

    Add language Informational........ We would inform license

    concerning NEPA applicants that under

    scoping and NEPA and other existing

    additional public laws, a substantial

    comment. change in an application

    could trigger the need

    for additional NEPA

    scoping or additional

    public comment on the

    application.

    214.................................... Add provision for Informational........ We would provide

    resubmission of a additional information

    withdrawn or denied about the conditions

    application. under which a license

    applicant can address

    concerns raised by its

    initial application and

    resubmit the

    application, with the

    Coast Guard waiving

    certain Subpart B

    application requirements

    for the re-application.

    215.................................... Redesignate (d) as Clarification........ We would clarify that (d)

    (c)(5) and add is a continuation of (c)

    ``proposed and relates to a

    deepwater'' to proposed deepwater port.

    existing language.

    217(b)-(d)............................. Revise description of Informational........ We would state that MARAD

    respective Coast consults with the Coast

    Guard and MARAD Guard, but makes the

    roles in the actual Adjacent Coastal

    designation of an State designation.

    Adjacent Coastal

    State.

    222(b)................................. Revise description of Informational........ We would clarify that

    respective Coast MARAD, not the Coast

    Guard and MARAD Guard, has the existing

    roles in giving responsibility for

    notice of Adjacent publishing notices of

    Coastal State public hearings or

    hearings. meetings in Adjacent

    Coastal States.

    228.................................... Revise description of Informational........ We would clarify that

    respective Coast MARAD, not the Coast

    Guard and MARAD Guard, has the existing

    roles with respect responsibility for any

    to formal formal evidentiary

    evidentiary hearings. hearings involving

    deepwater ports relating

    to specific and material

    factual issues related

    to the licensing of a

    deepwater port. Existing

    Coast Guard regulations,

    33 CFR 148.230-148.256,

    provide a regulatory

    framework for such

    hearings; however,

    because MARAD, not the

    Coast Guard, is the

    licensing authority, we

    propose deleting these

    regulations.

    276.................................... Revise section Informational........ The revision would

    describing the DWPA provide more information

    timeline for action about the DWPA timeline

    on a license for processing license

    application. applications, and about

    suspensions of the

    timeline. We informally

    provide this additional

    information today. (The

    revisions do not alter

    the statutory timeline.)

    This proposed change

    should be read along

    with the proposed

    changes to 33 CFR

    148.107 and 148.283

    relating to suspension

    and withdrawal of an

    application.

    277(d)................................. Provide additional Informational........ We would add more

    information about information about the

    the time period when existing timeline for

    the Governor of an the Governor of an

    Adjacent Coastal Adjacent Coastal State

    State may transmit to approve or disapprove

    his or her approval a proposed deepwater

    or disapproval of a port application.

    proposed deepwater

    port application.

    Page 19125

    283.................................... Substitute provisions Procedural change.... 33 CFR 148.107(c) and

    for treating an this section currently

    application as both provide for

    withdrawn for indefinitely suspending

    provisions the processing of a

    concerning an license application if

    application's it is missing essential

    suspension. information. We would

    make it clear that, if

    there is no reasonable

    progress in securing the

    missing information,

    indefinite suspension

    may lead to the

    application being

    treated as withdrawn.

    This proposed change

    should be read along

    with the proposed

    changes to 33 CFR

    148.107 and 148.276

    relating to suspension.

    405(c)(2).............................. Refer to Bureau of Informational........ This paragraph currently

    Offshore Energy requires a license

    Management (BOEM) applicant to give notice

    guidance. of certain acoustic

    profiling activities,

    which must take place

    ``within specified

    limits.'' We would

    inform applicants that

    those limits currently

    are provided by BOEM

    guidance, thereby making

    it easier for applicants

    to determine what limits

    are specified.

    Subpart G.............................. Redesignate 33 CFR Nonsubstantive We would give added

    148.600 and 148.605 reorganization. prominence to these two

    as subpart G of part sections, which have

    148. been of interest to

    several license

    applicants.

    600.................................... Provide more Informational........ This section currently

    information about states that deepwater

    deepwater port port financial liability

    financial liability limits are set in

    limits under the Oil accordance with OPA 90

    Pollution Act of (33 U.S.C. 2704(d)(4)).

    1990 (OPA 90). Several license

    applicants have

    requested more

    information, and our

    proposed change would

    provide details on the

    current process for

    setting limits.

    605.................................... Provide more Informational........ This section currently

    information about refers to the provisions

    deepwater port of OPA 90 (33 U.S.C.

    financial liability 2704(d)(4)) for

    limits under OPA 90. adjusting a deepwater

    port's financial

    liability limit. We

    would respond to several

    requests from license

    applicants for more

    details on the current

    process for adjusting

    limits. That process,

    with the relevant risk

    and economic analysis

    criteria, was described

    in the NPRM that

    proposed lowering the

    liability limit for the

    Louisiana Offshore Oil

    Port (60 FR 7652 at

    7653, Feb. 8, 1995;

    final rule 60 FR 39849,

    Aug. 4, 1995).

    Subpart H.............................. Redesignate current Nonsubstantive This proposed change is

    subpart G as new reorganization. necessitated by our

    subpart H of part proposed designation of

    148. 33 CFR 148.600 and

    148.605 as new subpart

    G.

    707(b)................................. Revise............... Clarification........ We would more closely

    align the wording of

    this section with

    terminology familiar to

    NEPA practitioners. We

    would also clarify that

    license applicants are

    currently required to

    consider a reasonable

    range of alternatives to

    their proposed deepwater

    port plans.

    707(b)(1).............................. Provide more Informational........ We would provide license

    information about applicants with more

    the scope of complete information

    environmental about the scope of

    evaluation. environmental evaluation

    and align wording with

    terminology familiar to

    NEPA practitioners.

    715 intro.............................. Add ``reasonable Clarification........ We would clarify that

    range of license applicants are

    alternatives'' required to consider a

    language. reasonable range of

    alternatives to their

    proposed deepwater port

    plans.

    715(a)................................. Provide more Informational........ We would provide license

    information about applicants with more

    the scope of complete information

    environmental about the scope of

    evaluation. environmental

    evaluation.

    725 intro.............................. Add ``reasonable Clarification........ We would clarify that

    range of license applicants are

    alternatives'' required to consider a

    language. reasonable range of

    alternatives to their

    proposed deepwater port

    plans.

    730 intro.............................. Add ``reasonable Clarification........ We would clarify that

    range of license applicants are

    alternatives'' required to consider a

    language. reasonable range of

    alternatives to their

    proposed deepwater port

    plans.

    730(a)................................. Revise............... Informational........ This paragraph currently

    refers to appropriate

    Adjacent Coastal State

    agencies. We would

    substitute a specific

    cross reference to 33

    CFR 148.105(j), where we

    propose adding detailed

    information about

    Adjacent Coastal States.

    735 intro.............................. Add ``reasonable Clarification........ We would clarify that

    range of license applicants are

    alternatives'' required to consider a

    language. reasonable range of

    alternatives to their

    proposed deepwater port

    plans.

    Page 19126

    737.................................... Replace list with Web Informational........ This section currently

    site reference. contains a lengthy and

    non-exclusive list of

    environmental statutes

    and E.O.s of potential

    interest to license

    applicants. We would

    replace that list with a

    reference to a Coast

    Guard Web site where

    more current information

    is maintained and

    available to the public.

    ----------------------------------------------------------------------------------------------------------------

    PART 149

    ----------------------------------------------------------------------------------------------------------------

    Part 149 organization.................. Reorganize........... Nonsubstantive We would reorganize this

    reorganization. part, redesignating and

    renaming some sections

    and providing a more

    sequential structure for

    existing deepwater port

    design, construction,

    and equipment

    requirements. Subpart A

    would contain general

    information, subpart B

    would contain general

    requirements for design,

    construction,

    operations, and

    equipment requirements,

    and the remaining

    subparts C through F

    would contain specific

    equipment requirements.

    5...................................... Replace definitions Nonsubstantive This section currently

    with cross reference reorganization. contains 4 definitions.

    to 33 CFR 148.5. We would move all

    subchapter NN

    definitions to 33 CFR

    148.5.

    15..................................... Remove............... Nonsubstantive This section currently

    reorganization. describes the process

    for submitting deepwater

    port design or

    construction

    alterations. As part of

    the nonsubstantive

    reorganization of part

    149, we would delete

    this section and

    transfer its substance

    to 33 CFR 149.54.

    20(a) (current 610(a))................. Add ``or submerged Technology update.... We would insert a

    turret loading (STL) reference to STL buoys,

    buoy'' to existing which are significant

    language. deepwater port

    components not in

    existence when we last

    revised our regulations,

    and the details of the

    construction of which we

    currently require

    deepwater port operators

    to provide.

    51 (current 615)....................... Provide for use of Provide additional We would amend paragraph

    foreign engineers. regulatory (b) to allow the use of

    flexibility. foreign engineers who

    may not be registered

    professional engineers,

    if they possess

    equivalent

    qualifications.

    52 (current 625)....................... Revise (b)........... Provide additional We would insert a

    regulatory reference to CEs,

    flexibility. reflecting our proposal

    (see table entry for 33

    CFR 148.8) to allow

    greater use of CEs.

    Add (d).............. Clarification........ We would add language

    from current 33 CFR

    149.650, to clarify the

    existing procedure by

    which a license

    applicant works with the

    Coast Guard to determine

    which deepwater port

    components require

    classification society

    certification. That

    determination will

    likely be different for

    each deepwater port,

    given the potential

    variability between

    deepwater port designs.

    We would also add

    language to encourage

    (but not require) early

    coordination between the

    applicant and the Coast

    Guard, because of the

    potential value of early

    coordination for

    expediting the design

    process.

    54..................................... Add.................. Nonsubstantive We would move the text

    reorganization. from existing Sec.

    149.15 to the revised

    subpart B to consolidate

    requirements for design

    into one subpart.

    57..................................... Add.................. Informational........ We would add this section

    for the benefit of

    license applicants, to

    provide them with more

    information about our

    existing process for

    reviewing and approving

    a deepwater port's

    design, construction,

    and commissioning.

    58..................................... Add.................. Clarification........ We would add this section

    to clarify that our

    existing practice is to

    allow a license

    applicant to use

    certifying entities

    during the design and

    construction of a

    deepwater port as well

    as after the deepwater

    port is licensed, and to

    describe the CE's role

    in various phases of the

    deepwater port's

    lifespan.

    Page 19127

    63(a) (current 660(a))................. Substitute ``manned Clarification........ The proposed change

    deepwater port'' for standardizes terminology

    ``pumping platform applicable to all

    complex''. deepwater ports

    regardless of design or

    cargo. There is no

    change in applicability

    because all manned

    deepwater ports are

    pumping platform

    complexes.

    64(b) (current 140(b))................. Add ``facilities, Clarification........ Provides clarification of

    vessels approaching who the vessel would be

    the safety zone'' to in communication with to

    existing language. ensure communications

    are occurring between

    the vessel and the

    shoreside facility for

    purposes of situational

    awareness.

    65 intro, (b) (current 665 intro, (b)). Substitute ``manned Clarification........ The proposed change

    deepwater port'' for standardizes terminology

    ``pumping platform applicable to all

    complex''. deepwater ports

    regardless of design or

    cargo. There is no

    change in applicability

    because all manned

    deepwater ports are

    pumping platform

    complexes.

    67(a) (current 675(a))................. Substitute ``Each'' Clarification........ The proposed change

    for ``For a,'' standardizes terminology

    remove ``each applicable to all

    pumping platform deepwater ports

    complex,'' and regardless of design or

    substitute cargo. There is no

    ``deepwater port'' change in applicability

    for ``complex''. because the one existing

    manned deepwater port is

    a pumping platform

    complex.

    68(a) (current 680(a))................. Add ``manned'' before Clarification........ We would clarify that

    ``deepwater'' in this requirement applies

    existing language. only to manned deepwater

    ports.

    70 (current 690)....................... Substitute Clarification........ The requirements are

    ``specified'' for specified and are not

    ``outlined''. optional, as

    ``outlined'' would

    imply.

    77(a) (current 697(a))................. Substitute Clarification........ We would clarify that

    ``operator's'' for because the operator is

    ``owner's''. in charge of day-to-day

    operations, the operator

    is responsible for

    maintaining all

    documentation.

    115 (current 110)...................... Substitute Clarification........ This section currently

    ``remotely'' for requires pipeline end

    ``from the pumping manifolds to have

    platform complex''. shutoff valves that can

    be operated both

    manually and remotely

    from a pumping platform

    complex. Since not every

    deepwater port has a

    pumping platform

    complex, we would

    replace the reference to

    such a complex with the

    word ``remotely.''

    130(a) (current 125(a))................ Substitute ``marine Clarification........ Only the single existing

    transfer area of a manned deepwater port

    deepwater port'' for has a pumping platform

    ``pumping platform complex. The proposed

    complex''. change substitutes a

    generic term common to

    manned or unmanned

    deepwater ports.

    135 (current 130)...................... In (b) introductory Clarification........ Reference to paragraph

    language add (a) of same section.

    ``described in

    paragraph (a) of

    this section''.

    In (b)(1) and (b)(2) Clarification........ The proposed change

    substitute ``marine standardizes terminology

    transfer area of a applicable to all

    deepwater port'' for deepwater ports

    ``pumping platform regardless of design or

    complex''. cargo. There is no

    change in applicability

    because all marine

    transfer areas are

    pumping platform

    complexes. Revised

    terminology provides

    greater clarity.

    In (b)(2) add Clarification........ Clarification and

    ``described''. reference to paragraph

    (b)(3) of the section.

    206.................................... Add.................. Harmonization........ We would adapt existing

    lifesaving equipment

    requirements for mobile

    offshore drilling units

    (MODUs).

    302 (current 402)...................... Revise............... Clarification........ We would transfer

    qualifying language from

    the end to the beginning

    of the section.

    303 (current 403)...................... Revise heading....... Clarification........ We would revise the

    heading to clarify who

    needs the information

    provided by this

    section.

    304 (current 404)...................... Revise heading....... Clarification........ We would revise the

    heading to clarify who

    needs the information

    provided by this

    section.

    Current 306-315........................ Remove............... Nonsubstantive These sections currently

    reorganization. describe survival craft

    and rescue boat

    requirements. As part of

    the nonsubstantive

    reorganization of part

    149, we would delete

    these sections and

    transfer their substance

    to 33 CFR part 149,

    subpart D.

    315(a) (current 415(a))................ Substitute ``manned Clarification........ The proposed change

    deepwater port'' for standardizes terminology

    ``pumping platform applicable to all

    complex''. deepwater ports

    regardless of design or

    cargo. There is no

    change in applicability

    because all manned

    deepwater ports are

    pumping platform

    complexes.

    Page 19128

    410(a) (current 510(a))................ Substitute ``Coast Clarification........ We would clarify that the

    Guard District District Commander

    Commander in the approves applications to

    area where the establish a private aid

    deepwater port will to navigation.

    be built'' for

    ``Commandant (CG-

    5P)''.

    480(a) (current 580(a))................ Remove ``of a pumping Clarification........ The proposed change

    platform complex''. standardizes terminology

    applicable to all

    deepwater ports

    regardless of design or

    cargo.

    485(a) (current 585(a))................ Substitute Clarification........ The proposed change

    ``deepwater port'' standardizes terminology

    for ``pumping applicable to all

    platform complex''. deepwater ports

    regardless of design or

    cargo. There is no

    change in applicability

    because all manned

    deepwater ports are

    pumping platform

    complexes.

    650.................................... Remove............... Clarification; We would transfer the

    Nonsubstantive substance of this

    reorganization. provision to Sec.

    149.52(d), and revise it

    to apply to all

    deepwater ports

    regardless of design or

    cargo.

    ----------------------------------------------------------------------------------------------------------------

    PART 150

    ----------------------------------------------------------------------------------------------------------------

    10..................................... In (b), remove Correction........... We would remove this

    reference to part incorrect reference.

    148 approval of Approval of manuals is

    manuals. addressed in part 150.

    Revise (c) and Clarification........ We would remove existing

    redesignate (d) and (c) because the process

    (e). is described in detail

    in proposed Sec.

    150.25. Existing (d) and

    (e) would be

    redesignated as (c) and

    (d), respectively.

    Add new (e).......... Clarification........ The proposed change would

    make explicit in our

    regulations that the

    Coast Guard's current

    practice is to review

    the operations manual

    every five years, in

    conjunction with our

    review of the

    environmental impact

    statement (EIS) (the

    Council on Environmental

    Quality recommends that,

    as a rule of thumb, the

    EIS be carefully

    reexamined no later than

    once every five years--

    see https://ceq.doe.gov/nepa/regs/40/30-40.HTM#32).

    15..................................... In (i)(4)(vii), Clarification........ We would clarify that the

    substitute ``zones procedures described

    and areas described must account for any

    under subpart J of protective zone or area

    this part'' for ``a that could apply,

    safety zone, area to regardless of a

    be avoided, and deepwater port's design

    anchorage area''. or cargo.

    Add new (o).......... Informational........ Deepwater ports are ports

    subject to U.S.

    jurisdiction and used by

    oceangoing tankers

    greater than 400 gross

    tons, and as such their

    operators must comply

    with 33 CFR 158.135,

    which requires ports to

    hold certificates of

    adequacy (or waivers),

    evidencing their

    capability to receive

    regulated substances.

    For informational

    purposes, we would

    restate that requirement

    here.

    Revise (y) (current Informational........ Under 33 CFR 106.410 and

    (x)). 106.415, security plans

    must be periodically

    audited, and reviewed

    every 5 years by the

    Coast Guard. For

    informational purposes,

    we would restate those

    requirements here.

    Revise (bb) (current Clarification........ This change would reflect

    (aa)). MARAD's current policy,

    requiring each deepwater

    port to maintain a

    prevention, monitoring,

    and mitigation program

    (PMMP) as a license

    condition.

    Add (cc)............. Clarification........ MARAD currently requires,

    as a license condition,

    each deepwater port to

    comply with 49 CFR

    192.605 and with other

    applicable PHMSA

    regulations in 49 CFR

    parts 190-199. We would

    make that requirement

    explicit in our

    regulations.

    25..................................... Revise heading....... Clarification........ We would amend for better

    clarity.

    Add (c)(1)........... Clarification........ We would clarify the

    existing local authority

    to approve or reject

    revisions to the

    operations manual.

    Revise (c)(2)(current Clarification........ We would clarify the

    (d)). existing local authority

    to approve or reject

    revisions to the

    operations manual.

    Revise (e)(current Clarification........ We would clarify the

    (f)). existing local authority

    to approve or reject

    revisions to the

    operations manual.

    Page 19129

    Add new (f).......... Clarification........ We would make explicit

    the existing authority

    of other Federal

    agencies to propose

    operations manual

    amendments to the Coast

    Guard.

    30..................................... Revise............... Clarification........ We would update Coast

    Guard organizational

    terminology and clarify

    what our current process

    is for coordinating with

    other Federal agencies.

    35..................................... Revise............... Informational........ Updated Coast Guard

    internal organization.

    40..................................... Add paragraph (b).... Nonsubstantive We would consolidate

    reorganization. current 33 CFR 150.40

    and 150.45 into a single

    section dealing with

    deviations from the

    operations manual. In

    new (b), we would update

    references to Coast

    Guard internal

    organization.

    45..................................... Remove............... Nonsubstantive We would transfer the

    reorganization. substance of this

    section to Sec.

    150.40. Text from

    existing Sec. 150.45

    now in proposed Sec.

    150.40(b).

    50..................................... Revise heading....... Clarification........ The proposed change would

    reduce the risk of

    confusing a deepwater

    port with an Outer

    Continental Shelf

    facility.

    100.................................... Add (b).............. Clarification........ We would make explicit

    the current Coast Guard

    practice of sometimes

    allowing, for reasons of

    government economy,

    representatives from

    other Federal agencies

    to accompany Coast Guard

    inspectors on inspection

    visits to deepwater

    ports.

    105.................................... Revise............... Clarification........ We would clarify the

    existing procedure for

    proposing a self-

    inspection program; to

    make it clear that it is

    the operator, not the

    owner, who performs the

    duties required by this

    section; and to make

    explicit the existing

    Coast Guard regulatory

    responsibility to

    validate the contents

    and results of deepwater

    port self-inspections.

    107.................................... Add.................. Procedural change.... We would add this section

    to require deepwater

    port operators to notify

    the Coast Guard when a

    Federal or State agency

    schedules an inspection

    and keep inspection

    records, both of which

    operators currently do

    without their being

    formally required. We

    would also make it

    explicit that, as a

    matter of government

    economy, Coast Guard

    personnel sometimes

    accompany Federal or

    State inspectors on

    inspection visits.

    110.................................... Add ``or of changes Procedural change.... We would require

    in class status.'' deepwater port operators

    to existing language. to notify us of changes

    in the status of

    classification society-

    approved components,

    which may present safety

    issues that warrant

    adjustment to the

    deepwater port's

    operations. Operators

    currently provide this

    notification without

    being formally required

    to do so.

    225.................................... Add second sentence.. Clarification........ This section currently

    requires appropriate

    training for deepwater

    port personnel. We would

    clarify our expectation,

    which is in line with

    current practice at the

    one existing manned

    deepwater port, that all

    personnel will receive

    basic safety training.

    380.................................... Substitute ``ships Clarification........ We would provide greater

    routing measures'' technical accuracy and

    for the example use familiar

    ``(e.g., no International Maritime

    anchoring area)'' Organization

    from Table terminology.

    150.380(a).

    Remove ``(for example Clarification........ Because the surface

    an SPM)'' from Table components used by

    150.380(a). deepwater ports vary so

    widely, we would remove

    an example that may

    confuse some license

    applicants.

    Revise (b)........... Clarification........ We would update

    references to Coast

    Guard internal

    organization.

    435(b)................................. Add ``unless'' clause Provide additional We would allow operations

    regulatory to continue during an

    flexibility. electrical storm so long

    as they are conducted in

    compliance with

    appropriate safety

    provisions contained in

    the operations manual.

    715.................................... Add reference to 33 Clarification........ Deepwater port lights are

    CFR 66.01-11. private aids to

    navigation and therefore

    subject to 33 CFR 66.01-

    11. We would make that

    explicit in deepwater

    port regulations.

    720.................................... Add reference to 33 Clarification........ Would clarify that other

    CFR 67.10. existing Coast Guard

    regulations for sound

    signals still apply.

    Page 19130

    812.................................... Add ``and the Clarification........ Coast Guard marine

    environment''. casualty regulations

    that currently apply to

    vessels and facilities,

    including deepwater

    ports, protect

    environmental safety as

    well as the safety of

    life and property; see,

    e.g., 33 CFR 140.1, 46

    CFR 4.03-1. We would

    make explicit the need

    to consider

    environmental damage in

    connection with this

    section.

    830.................................... Revise............... Procedural change.... This section currently

    requires the one

    existing oil deepwater

    port to report oil

    pollution incidents in

    accordance with 33 CFR

    part 135, for which the

    underlying authority may

    have been repealed. (See

    Coast Guard notice of

    inquiry, 76 FR 67385;

    Nov. 1, 2011; a follow-

    on rulemaking has begun

    under RIN 1625-AA03 and

    docket number USCG-2004-

    17697.) We would require

    reports to be made in

    accordance with 33 CFR

    part 153 subpart B,

    which has reporting

    requirements similar to

    those in part 135. We

    would also restate the

    existing 33 CFR 135.307

    requirements for the

    contents of pollution

    reports.

    915(a)................................. Add ``or the Clarification........ Coast Guard marine

    environment''. casualty regulations

    that currently apply to

    vessels and facilities,

    including deepwater

    ports, protect

    environmental safety as

    well as the safety of

    life and property; see,

    e.g., 33 CFR 140.1, 46

    CFR 4.03-1. We would

    make explicit the need

    to consider

    environmental damage in

    connection with this

    section.

    ----------------------------------------------------------------------------------------------------------------

    V. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering the statutes and E.O.s related to rulemaking that are discussed in this part.

  20. 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. This notice of proposed rulemaking has been designated a ``significant regulatory action'' although not economically significant, under section 3(f) of E.O. 12866. Accordingly, the notice of proposed rulemaking has been reviewed by the Office of Management and Budget (OMB).

    The Coast Guard proposes revisions to its regulations for the licensing, construction, design, equipment, and operation of deepwater ports, which are offshore fixed or floating structures, other than vessels, used as ports or terminals for the import or export of oil and natural gas. The proposed revisions would provide additional information, clarify existing regulations, provide additional regulatory flexibility, and add new requirements to ensure safety.

    One objective of the proposed rule is to ensure that adequate information is submitted with a deepwater port application. Through the experience of processing past applications, Coast Guard and other Federal agencies have identified additional, specific types of information that are necessary to ensure a timely review of, and decision on, deepwater port applications. For past applications, this additional information has been requested during the review process, causing delays in the review and approval of applications. Specifying that the additional information is required at the beginning of the process will not increase the application process burden, but is expected to result in more efficient and timely reviews of any future applications.

    Further, the proposed rule codifies various technical and operational requirements. During the application review process, and after the actual construction and operation of new deepwater ports, the Coast Guard gained additional insight into the technical and operational requirements that will help ensure operations are conducted efficiently and in a manner that furthers safety, security, and environmental protection. These technical and operational requirements are currently standard industry practice or are existing requirements (e.g., from another agency, etc.). The proposed rule consolidates these requirements to facilitate understanding and compliance of deepwater port owners and operators.

    Table 2 below provides a summary of the final rule's costs and benefits.

    Table 2--Summary of the Proposed Rule's Impacts

    ------------------------------------------------------------------------

    Category Summary

    ------------------------------------------------------------------------

    Applicability..................................... Deepwater ports in

    waters beyond the

    territorial limits

    of the United

    States.

    Affected Population............................... Future deepwater

    port applicants 3

    existing deepwater

    ports.

    Cost Impacts...................................... No additional costs

    identified.

    Benefits.......................................... More efficient and

    timely reviews of

    deepwater port

    applications.

    Consolidation of

    technical and

    operating

    requirements for

    existing deepwater

    ports.

    Page 19131

    Potential cost

    savings from the

    following

    provisions:

    1. Sec. 148.8

    Nominate CE.

    2. Sec. 148.105

    Equivalent means

    of certifying

    accuracy of

    maps.

    3. Sec.

    148.707.

    4. Sec. 149.51

    Allows foreign

    national

    engineers.

    5. Sec. 149.52

    Allows for

    adoption of

    classification

    society

    standards.

    6. Sec. 150.435

    Authorizes

    continuation of

    cargo transfer

    operations

    during

    electrical

    storm.

    7. Sec. 150.15

    Limits scope of

    audits to

    modifications.

    ------------------------------------------------------------------------

    Affected Population

    One oil deepwater port began operation before 2006. Since 2006, the Coast Guard has processed, or is processing, eight deepwater port applications to site, construct, and operate deepwater ports. After review of those applications, two LNG deepwater ports have been constructed, one has been issued a license to construct, and one has initial approval through a favorable ROD from MARAD. The applicants for the other four applications have withdrawn their applications. The population of currently operating deepwater ports is three: the one pre-2006 oil port and two LNG ports.

    The potential number of additional deepwater port applications over the next 10 years is dependent on changing market conditions and economic forces. The existing deepwater ports were built when the forecasts for imports of LNG to the United States, such as those made by the Energy Information Administration (EIA), were predicting high levels of LNG imports. With recent changes in the natural gas and oil markets, EIA now projects continued decline in LNG imports and increasing volumes of LNG exports.\18\ The financial and technical feasibility of using deepwater ports for LNG exports has not yet been demonstrated, making a projection of the number of future deepwater port applications difficult. The Coast Guard, for the purpose of this rulemaking, estimates that it will receive at least one future deepwater port application in the next 10 years, based on the one entity that has expressed interest in submitting a new application. The Coast Guard is proposing changes to enhance the efficiency and timeliness of any future applications.

    ---------------------------------------------------------------------------

    \18\ http://www.eia.gov/forecasts/aeo/pdf/0383(2014).pdf.

    ---------------------------------------------------------------------------

    Costs

    Table 3 details numerous proposed changes in the regulation with an assessment of the cost impacts of the change. These changes fall into the following categories:

    May result in possible time or cost savings as they allow for greater flexibility in complying with existing requirements.

    Clarify information to be submitted with the deepwater port application. These information requirements do not result in additional costs to industry as this information has been required under existing 33 CFR 148.107 in the past during application processing and review. Based on experience with each of the previous applicant reviews, the Coast Guard has consistently requested this information at some point in the processing of the application. The proposed regulatory changes clarify that the information is required up front to allow for the more timely review of the application, thus saving the applicant the time and expense of additional submissions.

    Implementation may be optional.

    Clarify the Coast Guard's existing need for certain additional information that it specifies during the license process and which the license applicant provides; the intended impact of the clarification is to notify the applicant that, in the interest of expeditious processing of the application, this information should be provided up front. As the information is already being provided, there is no new cost impact.

    May be administrative and would not result in costs. Many of these changes clarify the relationship between various Federal agencies with responsibility for deepwater ports application, licensing, and review. These types of changes do not impose any behavioral changes by applicants of deepwater ports. These changes are labeled ``Administrative,'' described as clarifications, and will have no cost impact. Other ``Administrative'' proposed changes reword definitions or delete outdated references.

    Overall, Coast Guard has not identified additional costs associated with complying with the proposed rule, and sees potential for some minor cost savings. Table 3 provides a detailed list of the changes proposed by the Coast Guard. The changes with potential cost savings include the following:

    Proposed Sec. 148.8 allows an applicant to nominate a CE during the application processing phase. Currently, an applicant nominates a CE later in the application process. By allowing the nomination earlier, we believe that the applicants will have potential cost savings by identifying potential problems or challenges earlier in the process rather than later, when more work has been done on the application.

    Proposed Sec. 148.105 allows for equivalent means of certifying the accuracy of maps. Applicants have experienced delays when certified geologists were not available to certify the accuracy of maps. The Coast Guard had no alternative but to stop the clock, often delaying application processing by several months. The intent of this proposed revision is to permit the use of specialists who do not possess a professional certification, but are able to provide proof of equivalent technical expertise and experience, to certify work studies and reports required to satisfactorily process a deepwater port application. Allowing certifications by technical personnel possessing alternate credentialing will help to eliminate extensive delays in projects, waiting for expertise that is limited and in high demand. Also, proposed Sec. 148.105 allows for the use of data older than 5 years under certain conditions. Use of older data could result in potential cost savings due to the avoidance of gathering new data.

    Proposed Sec. 148.214 allows for resubmission of a modified application without incurring a fee. Under the existing process, an application can be re-submitted after modification, but the applicant must pay the filing fee.

    Proposed Sec. 149.51 allows foreign-national engineers to submit design and construction plans on behalf of the licensee. The potential cost savings come from the flexibility of allowing the applicant to contract services from a larger pool of engineers. The applicant

    Page 19132

    may have existing relationships with foreign engineers as the construction of LNG ports is multinational. Thus, the expertise of the foreign engineer may allow for more rapid review, greater institutional knowledge, and prior professional relationships which could result in potential cost savings.

    Proposed Sec. 149.52 allows for adoption of classification society standards. Many maritime companies rely on classification standards to satisfy insurance, safety management system (SMS), and other requirements. The Coast Guard's adoption of classification society standards eliminates the potential for duplicate effort. The Coast Guard recognizes that work already completed by a classification society can be used in the application process. An example is the APL submerged turret loading buoy system to import natural gas. The first natural gas deepwater port was Gulf Gateway, which used the APL submerged turret loading buoy system. There were no existing classification standards that addressed these types of ports or their components. Classification societies (American Bureau of Shipping (ABS) and Det Norske Veritas (DNV)) had to develop standards as the post-licensing review and approval process was taking place. Additional review on the part of the Coast Guard to grant equivalency approvals for some major port components and systems (emergency alarms, shutoffs, etc.) caused some delays in schedule. The classification societies have developed a highly detailed body of information on the submerged turret loading buoy-type deepwater ports, as well as practical experience with the actual deepwater port operations. This information, adopted as classification society standards, will improve and expedite the post-licensing engineering review and approval process.

    Proposed Sec. 150.435 authorizes continuation of cargo transfer operations during an electrical storm. The potential cost savings derives from the ability to continue safe operations during certain electrical storms in accordance with the deepwater port's plans. The LNG port operators have stated that they cannot shut down operations during electrical storms as this will lead to potentially hazardous situations due to static electricity build-up.

    Table 3--Assessment of Impacts of the Proposed Rule

    ------------------------------------------------------------------------

    Description of change Type of change Cost impact

    ------------------------------------------------------------------------

    Sec. 148.3 What Federal agencies are responsible for implementing the

    Deepwater Port Act?

    ------------------------------------------------------------------------

    Clarify the Coast Guard's role Administrative: No cost.

    as the lead agency Clarification of

    responsible for preparing the existing role.

    environmental impact analysis

    under NEPA, compliance with

    NEPA and other relevant

    environmental laws, and

    matters relating to

    navigation safety and

    security, engineering and

    safety standards, and

    facility inspections.

    PHMSA is the Federal agency Administrative: No cost.

    with jurisdiction over the Clarification of

    construction and operation of existing

    pipeline components of a authority of

    deepwater port. PHMSA.

    Expands the description of Administrative: No cost.

    responsibilities for the Clarification of

    Coast Guard and cooperating existing

    Federal agencies. authority of

    cooperating

    Federal agencies.

    Delete the reference to an Administrative: No cost.

    expired Interagency MOU Deletion of

    between the Coast Guard and outdated

    MARAD. reference.

    ------------------------------------------------------------------------

    Sec. 148.5 How are terms used in this subchapter defined?

    ------------------------------------------------------------------------

    Definition clarifies the Administrative: No cost.

    requirements of a security Definition.

    plan's scope and contents and

    would align with 33 CFR

    subchapter H.

    Definition specifies the Administrative: No cost.

    components that comprise the Definition.

    flexible riser and umbilical

    portion of a STL buoy system.

    Moved from Sec. 149.5....... Administrative: No cost.

    Move.

    Definition clarifies that the Administrative: No cost.

    operator of a deepwater port Definition.

    may be either the person who

    receives the license to

    operate (licensee), or the

    licensee's designated

    representative who is

    responsible for the day to

    day operation of the

    deepwater port.

    Definition clarifies Administrative: No cost.

    jurisdictional boundaries Definition.

    regarding Federal agency

    oversight of deepwater

    pipelines between the Coast

    Guard and PHMSA regarding

    oversight of deepwater port

    pipelines.

    Definition clarifies that the Administrative: No cost.

    PLEM includes the last Definition.

    downstream valve prior to the

    deepwater port pipeline.

    Definition to account for a Administrative: No cost.

    new proposed post-licensing Definition.

    requirement.

    Moved from Sec. 149.5....... Administrative: No cost.

    Move.

    Moved from Sec. 149.5....... Administrative: No cost.

    Move.

    Definition distinguishes Administrative: No cost.

    between deepwater ports that Definition.

    use STL buoys to affect cargo

    transfer and deepwater ports

    that use single point

    moorings for cargo transfer

    operations.

    ------------------------------------------------------------------------

    Page 19133

    Sec. 148.8 How are certifying entities designated and used for

    purposes of this subchapter?

    ------------------------------------------------------------------------

    Allows the applicant to Administrative: Possible time and

    nominate a CE during the Provides cost savings. The CE

    application processing phase flexibility in can be nominated and

    in order to begin the nominating CE chosen during MARAD

    technical review necessary earlier in evaluation period

    for the approval of design, process. rather than waiting

    construction, installation, until after the ROD,

    operation, maintenance and allowing an earlier

    decommissioning plans for any start to

    proposed deepwater port. certification. The

    CE could begin a

    technical review

    during MARAD

    evaluation period to

    identify potential

    problems and

    solutions before

    work has progressed

    further on an

    application.

    ------------------------------------------------------------------------

    Sec. 148.105 What must I include in my application?

    ------------------------------------------------------------------------

    Clarifies that MARAD, and not Administrative: No cost.

    the Coast Guard, is the lead Clarification of

    agency responsible for MARAD and the

    matters regarding the DWPA Coast Guard's

    financial responsibility existing roles

    aspect of a deepwater port re: DWPA

    application. financial

    responsibility.

    Removes and replaces Administrative: No cost.

    ``operator'' with Clarification of

    ``licensee'' as the who is

    responsible party for costs financially

    associated with removal of responsible

    port components. party.

    Clarifies that the applicant Administrative: No cost.

    must provide with its Clarification of

    application a completed need for

    consistency certification consistency

    stating that the proposed certificate to

    deepwater port complies with comply with

    each affected State's Coastal existing Coastal

    Management Program per 15 CFR Zone Management

    part 930, subpart D. Program

    requirements.

    Allows an applicant to provide Administrative: Possible time and

    an equivalent means of Provides cost savings. As the

    certifying the accuracy of flexibility in Coast Guard

    the leasing maps or means of processed

    protraction diagrams, as an certifying applications, it

    alternative to using a accuracy of maps became aware of the

    professional surveyor. and diagrams. limited availability

    of registered

    professional

    surveyors authorized

    to certify Outer

    Continental Shelf

    leasing maps or

    protraction

    diagrams. This

    resulted in delays

    in application

    processing. By

    allowing for

    equivalent means of

    certification, this

    proposed change

    would broaden the

    spectrum of persons

    who would be able to

    provide the

    necessary

    professional

    competency to

    certify the accuracy

    or correctness of

    the leasing maps or

    protraction

    diagrams, and

    minimize delays in

    application

    processing.

    Requires the site plan showing Clarifies No cost. Information

    proposed anchorage and information has been required

    mooring areas to also include needed to from all past

    areas associated with support applicants.

    construction and installation application. Clarifying

    of deepwater port components information needed

    (e.g., pipelaying) in up front does not

    addition to deepwater port result in additional

    operations. cost but instead

    helps prevent

    delays.

    Allow exceptions to 5-year Administrative: Potential time and

    limit on age of data for Provides cost savings. The

    certain hydrographic data. flexibility by proposed change

    allowing the use would allow the use

    of data older of older data, with

    than 5 years Coast Guard

    under certain approval. Use of

    circumstances. older information

    may result in costs

    avoided to develop

    new data.

    Requires an applicant to Clarifies No cost. Information

    provide MetOcean data that information has been required

    includes prevailing winds, needed to from all past

    currents, waves and storm support applicants.

    history in the affected area application. Clarifying

    of the proposed deepwater information needed

    port site. up front does not

    result in additional

    cost but instead

    helps prevent

    delays.

    Requires an applicant to Clarifies No cost. Information

    provide vessel traffic data information has been required

    to support analysis of needed to from all past

    navigational safety and support applicants.

    security hazards. application. Clarifying

    information needed

    up front does not

    result in additional

    cost but instead

    helps prevent

    delays.

    Clarifies that geological Clarifies No cost. Information

    survey data includes not just information has been required

    soil analysis, but also the needed to from all past

    overall physical support applicants.

    characteristics of the ocean application. Clarifying

    bottom (e.g., soil mechanics). information needed

    up front does not

    result in additional

    cost but instead

    helps prevent

    delays.

    Formalizes the independent Clarifies No cost. Formalizes

    risk and consequence information existing process

    assessment process that has needed to (information already

    been customarily submitted as support submitted as a

    a supplement to the application. supplement).

    application.

    Requires the applicant to Clarifies No cost. Information

    identify in the environmental information has been required

    evaluation section of the needed to from all past

    application a reasonable support applicants.

    range of alternatives to the application. Clarifying

    proposed action to include information needed

    deepwater port location, up front does not

    pipeline routes and landfall result in additional

    locations (if applicable), cost but instead

    construction methods, and helps prevent

    deepwater port design and delays.

    technologies used during

    operations.

    Page 19134

    Requires the applicant to Clarifies No cost. Information

    include in the deepwater port information already compiled and

    application a request for a needed to submitted by all

    COA as defined at 33 CFR support applicants to comply

    158.120 or a request for application. with MARPOL and

    waiver if compliance is APPS.

    impracticable or unreasonable.

    ------------------------------------------------------------------------

    Sec. 148.107 What happens if I supplement my application?

    ------------------------------------------------------------------------

    Allows for suspension of Administrative: No cost. Existing

    timeline if information Formalizes process for

    required is not provided in a existing process suspending timelines

    timely manner. for suspending already in use when

    timeline. applicable.

    Superseded.................... Administrative: No cost.

    Removes and

    replaces with

    (d) and (e).

    Superseded.................... Administrative: No cost.

    Removes and

    replaces with

    (d) and (e).

    Superseded.................... Administrative: No cost.

    Removes and

    replaces with

    (d) and (e).

    Replaces (2).................. Administrative: No cost.

    Formalizes

    existing process

    for suspending

    timeline.

    Replaces (3).................. Administrative: No cost.

    Formalizes

    existing process

    for suspending

    timeline.

    ------------------------------------------------------------------------

    Sec. 148.125 What are the application fees?

    ------------------------------------------------------------------------

    Adds environmental analysis as Administrative: No cost. Formalizes

    examples of costs for Adding current industry

    application and post-license environmental practice. Clarifies

    review. analysis as current practice

    example. when processing

    deepwater port

    applications that

    costs for

    environmental

    analyses must be

    paid by applicant

    prior to commencing

    operation of

    deepwater port.

    ------------------------------------------------------------------------

    Sec. 148.209 How is the application processed?

    ------------------------------------------------------------------------

    Removes reference to outdated Administrative: No cost.

    MOU. Removes

    reference to

    outdated MOU.

    ------------------------------------------------------------------------

    Sec. 148.211 What must I do if I need to change my application?

    ------------------------------------------------------------------------

    Formalizes process in the case Administrative: No cost.

    of a significant change or Formalizes

    required information. existing process.

    ------------------------------------------------------------------------

    Sec. 148.214 May I resubmit my application?

    ------------------------------------------------------------------------

    Formalizes process for re- Administrative: Potential cost

    submittal of application. Formalizes savings. Formalizes

    Allows for resubmission of process to allow process that allows

    application with no filing for re-submittal for resubmission of

    fee. of application. modified application

    with no filing fee.

    ------------------------------------------------------------------------

    Sec. 148.217 How can a State be designated as an Adjacent Coastal

    State?

    ------------------------------------------------------------------------

    States that MARAD determines Administrative: No cost.

    whether a State should be Clarifies

    considered an Adjacent respective

    Coastal State, and that duties of Coast

    MARAD, in consultation with Guard and MARAD.

    the Coast Guard, would

    designate the Adjacent

    Coastal States.

    ------------------------------------------------------------------------

    Sec. 148.228 What if a formal evidentiary hearing is necessary?

    ------------------------------------------------------------------------

    Establishes procedures to be Administrative: No cost.

    used for a formal evidentiary Provides

    hearing. procedures for

    existing

    hearings.

    Removes (b)-(d)............... Administrative: No cost.

    Removes

    superseded

    requirements.

    ------------------------------------------------------------------------

    Sec. Sec. 148.230 through 148.256

    ------------------------------------------------------------------------

    Removes....................... Administrative: No cost.

    Removes

    superseded

    requirements.

    ------------------------------------------------------------------------

    Sec. 148.276 What is the timeline for approving or denying an

    application?

    ------------------------------------------------------------------------

    Page 19135

    Describes timeline for action Administrative: No cost.

    on a license including the Clarifies timing

    publishing of a notice of for publication

    application. of notice of

    application.

    Describes MARAD public Administrative: No cost.

    hearings in Adjacent Coastal Clarifies

    States. process for

    Adjacent Coastal

    State public

    hearings.

    ------------------------------------------------------------------------

    Sec. 148.283 When may the application process be stopped and an

    application be treated as withdrawn?

    ------------------------------------------------------------------------

    Clarifies that MARAD and Administrative: No cost.

    Commandant will provide a Clarification of

    joint written notice to the joint written

    applicant of action taken notice procedure.

    under this section.

    Clarifies when a suspended Administrative: No cost.

    application is considered Substitutes

    withdrawn. ``withdrawn''

    for

    ``suspended'' to

    describe when an

    application

    process is

    stopped.

    ------------------------------------------------------------------------

    Sec. 148.405 What are the procedures for notifying the Commandant (CG-

    5P) of proposed site evaluation and pre-construction testing?

    ------------------------------------------------------------------------

    Clarifies that BOEM guidelines Information for No cost. Does not add

    for geological and submission with a new requirement,

    geophysical surveys should be application: but clarifies what

    applied when the applicant Clarifies use of standards would be

    plans to use bottom and sub- BOEM guidelines sufficient for the

    bottom acoustic profiling for certain data. Coast Guard to

    during deepwater port site properly evaluate an

    evaluation and pre- applicant's

    construction activities. deepwater port site

    evaluation and pre-

    construction testing

    plans. Applicants

    currently use BOEM

    guidelines.

    ------------------------------------------------------------------------

    Sec. 148.605 What are the procedures under OPA 90 for adjusting a

    deepwater port's limit of liability under 33 U.S.C. 2704(d)(2)?

    ------------------------------------------------------------------------

    Clarifies that Coast Guard may Administrative: No cost. Explains

    lower the OPA 90 limit of Clarifies process to lower oil

    liability for deepwater ports process for spill liability

    under 33 U.S.C. 2704(d)(2) on existing limits. Requires no

    a port-by-port basis, after authority for CG change of behavior.

    evaluating oil spill risk and to lower the OPA

    economic analyses. 90 limit of

    liability for

    deepwater ports.

    Discusses that the OPA 90 Administrative: No cost. Explains OPA

    limit of liability of a Sets minimum 90 liability

    deepwater port will not be level for OPA 90 adjustments.

    reduced to less than $50 limit of Requires no change

    million, and may be increased liability of behavior.

    following a reduction, as the adjustments and

    Coast Guard deems describes

    appropriate, if the design, process for

    construction, or operation of increases as

    the deepwater port changes, appropriate.

    or if oil spill incidents

    related to the deepwater

    port, or to deepwater ports

    generally, indicate that a

    higher limit is needed.

    Describes that requests for Administrative: No cost. Explains OPA

    adjustments to the OPA 90 Clarifies 90 liability

    deepwater port limit of process for adjustments.

    liability may be submitted existing Requires no change

    with a license application or authority for CG of behavior.

    upon receipt of a license to lower OPA 90

    from MARAD to construct and limit of

    operate the proposed liability.

    deepwater port.

    Describes the contents of Additional No cost. The industry

    requests to adjust the limit Information: is currently

    of liability under 33 U.S.C. Lists required by OPA 90

    2704(d)(2), including a risk information to perform this risk

    analysis of the deepwater required to analysis.

    port to determine its maximum support an

    most probable oil discharge adjustment to

    and an economic analysis to liability.

    determine the removal costs

    and damages of such a spill.

    ------------------------------------------------------------------------

    Sec. 148.707 What type of criteria will be used in an environmental

    evaluation and how will they be applied?

    ------------------------------------------------------------------------

    (b) Expands the list of Additional No cost. The intent

    resource areas which will be Information: of this revision is

    considered in the Clarifies to clarify that the

    environmental impact analysis existing existing NEPA and

    to include, without being requirements for DWPA requirements

    limited to, threatened NEPA submissions. must be met. This

    species; marine protected has always been

    areas; marine, coastal, and required under NEPA

    migratory birds; marine and DWPA in order to

    mammals; and fisheries. develop and publish

    the EIS, and to

    initiate Endangered

    Species Act Section

    7 consultation w/

    NFMS & FWS.

    ------------------------------------------------------------------------

    148.715 How is an environmental review conducted?

    ------------------------------------------------------------------------

    Adds the following to the Administrative: No cost.

    existing list of factors: Specifies data

    geographic relevance, age of already required

    data, and methods of data and data quality

    analysis. for Coast Guard

    review.

    ------------------------------------------------------------------------

    Sec. 148.737 What environmental statutes must an applicant follow?

    ------------------------------------------------------------------------

    Page 19136

    Removes the list of Administrative: No cost.

    environmental statutes and Replaces list of

    executive orders and replaces statutes with

    it with a reference to the reference to Web

    list on the Commandant Web site so list can

    site. be kept current.

    ------------------------------------------------------------------------

    Sec. 149.5 What definitions apply to this part?

    ------------------------------------------------------------------------

    Moves to definitions section Administrative: No cost.

    148.5. Moved.

    ------------------------------------------------------------------------

    Sec. 149.15 What is the process for submitting alterations and

    modifications affecting the design and construction of a deepwater

    port?

    ------------------------------------------------------------------------

    Contains procedures for Administrative: No cost.

    preparation and submission of Removed to Sec.

    plans pertaining to design, 149.54.

    construction and operation of

    the deepwater port, and the

    Coast Guard's review and

    approval of these proposed

    plans.

    ------------------------------------------------------------------------

    Sec. 149.20 What must the District Commander be notified of and when?

    ------------------------------------------------------------------------

    Adds that the District Administrative: No cost. Current

    Commander must be notified of Clarifies industry practice

    the construction of a STL existing that all STL buoy

    buoy. practice by applicants notify

    adding STL buoy. District Commander.

    ------------------------------------------------------------------------

    Sec. 149.51 What construction drawings and specifications are

    required?

    ------------------------------------------------------------------------

    Allows a foreign national Qualifications: Potential cost

    engineer, possessing Allows savings due to

    qualifications equivalent to equivalent flexibility.

    those required in the United qualifications

    States for a professional for foreign

    engineer, to submit design national

    and construction plans on engineer.

    behalf of the licensee.

    ------------------------------------------------------------------------

    Sec. 149.52 What are the design standards?

    ------------------------------------------------------------------------

    Clarifies what the appropriate Classification Provides alternative

    classification society standards: for compliance that

    requirements are for Allows the use has potential cost

    deepwater ports. This of savings due to use

    proposed change would be classification of existing industry

    added to explicitly allow for society classification

    the adoption of standards as society standards by

    classification society generally used recognizing work

    standards generally used within the already completed by

    within the offshore industry industry. a classification

    that are at least equivalent society, eliminating

    to rules established by any the potential for

    recognized classification duplicating effort.

    society recognized by the

    Coast Guard.

    ------------------------------------------------------------------------

    Sec. 149.54 What is the process for submitting alterations and

    modifications affecting the design, construction, and operations of a

    deepwater port?

    ------------------------------------------------------------------------

    Moved from another section.... Administrative: No cost.

    Moves existing

    text from other

    section.

    ------------------------------------------------------------------------

    Sec. 149.57 What is the review and approval process for the design,

    construction, and commissioning for Deepwater Ports for operation?

    ------------------------------------------------------------------------

    Provides standardization of Administrative: No cost. Uses

    the deepwater port Describes existing Coast Guard

    commissioning process, process, resources.

    ensures all levels of the clarifies

    Coast Guard with deepwater responsibilities.

    port responsibilities are

    appraised of a deepwater

    port's pending operational

    approval, and clarifies for

    the licensee the identity of

    the responsible Coast Guard

    official with daily

    operational oversight.

    ------------------------------------------------------------------------

    Sec. 149.58 What is the role of the certifying entity in the review

    and approval process for the design, construction, and commissioning

    for Deepwater Ports for operation?

    ------------------------------------------------------------------------

    Describes the scope and Certifying No cost. Current

    duration of a CE's entity: industry practice.

    responsibility during each Describes scope Clarifies the role

    phase of design, and duration of of the technical

    construction, and operations, CE contractor they have

    and would apply to all responsibility. already been

    nominated CEs whether employing to develop

    nominated under proposed Sec. the application to

    148.8 or not. assume the role as

    CE for the design,

    construction,

    installation, and

    commencement of

    deepwater port

    operations.

    ------------------------------------------------------------------------

    Sec. 149.115 What are the requirements for pipeline end manifold

    shutoff valves?

    ------------------------------------------------------------------------

    Page 19137

    Revises to indicate that the Equipment No cost. Formalizes

    PLEM's shutoff valve must be requirement: current industry

    operable from a remote Pipeline end practice. Remotely-

    location because that manifold's operated shutoff

    capability must be available shutoff valve valves are already

    for operations on unmanned must be operable required to be

    deepwater ports as well as from remote installed on all

    during emergencies. location. currently active

    deepwater ports.

    (i.e., 49 CFR 193

    (PHMSA) for LNG

    deepwater ports), as

    well as be designed

    and maintained in

    accordance with

    Classification

    Society Rules (ABS

    and DNV).

    ------------------------------------------------------------------------

    Sec. 149.206 What are the requirements for survival craft and rescue

    boats?

    ------------------------------------------------------------------------

    Aligns the requirements for Survival craft: No cost. Formalizes

    survival craft and rescue Aligns current industry

    boats for manned deepwater requirements practice. LOOP is

    ports with Coast Guard with MODU CFRs. the only manned

    requirements for survival deepwater port and

    craft and rescue boats for is currently

    MODUs in 46 CFR 108.520- equipped w/SOLAS-

    108.575. compliant survival

    craft, thus already

    complying with this

    regulation change.

    The cost for

    operating and

    maintaining these

    craft is already

    factored into port

    operational budget.

    Future manned

    deepwater ports are

    also expected to

    comply with SOLAS

    survival craft

    requirements.

    ------------------------------------------------------------------------

    Sec. 149.306 through 149.315.

    ------------------------------------------------------------------------

    Removes sections.............. Administrative: No cost.

    Removed.

    ------------------------------------------------------------------------

    Sec. 150.10 What are the general requirements for operations manuals?

    ------------------------------------------------------------------------

    To ensure operations manuals Operations No cost. Formalizes

    are subject to continuous manual: 5-year current industry

    review and reflect the cycle to practice and

    deepwater port's actual resubmit recognizes

    operational profile, the operational established

    Coast Guard proposes in Sec. manual for procedure. Deepwater

    150.10(e) to establish a 5- review. port operators have

    year cycle for the operator been submitting

    to re-submit the operations their operations

    manual to the Commandant (CG- manuals on a 5-year

    5P) to be re-reviewed and re- cycle for nearly 10

    approved. This 5-year review years to comply with

    cycle would coincide with the MTSA requirements,

    existing 5-year environmental permits, and

    baseline reassessment requirements from

    requirement found at Sec. other Federal

    150.15(bb). agencies.

    ------------------------------------------------------------------------

    Sec. 150.15 What must the operations manual include?

    ------------------------------------------------------------------------

    Require that the operations Operations No cost. Formalizes

    manual include either the manual: current industry

    deepwater port's COA that Specifies practice.

    certifies the deepwater port inclusion of

    meets the requirements for existing COA in

    reception facilities as manual.

    required under 33 CFR part

    158, or to include a waiver

    of the COA issued by the

    responsible Sector Commander

    or MSU Commander with COTP

    and OCMI authority.

    Comprehensive audit program to Audit program for No cost. The

    ensure that the deepwater port security deepwater port

    port operator has an approved plan: security plan is a

    and regularly reviewed Establishes a subset of the

    deepwater port security plan. requirement for operations manual.

    To help fulfill this annual audit of As stated above,

    verification requirement, the port security LOOP and the LNG

    Coast Guard would implement plan. Results deepwater port

    an annual audit program for are submitted as operators are

    deepwater ports that would attachment to already employing

    align with, and the report of existing annual contractors to

    audit results would be an self-inspection conduct and produce

    attachment to, the annual report. port security

    self-inspection report that assessments and to

    the operator is already update the

    required to provide to the operations and

    responsible Sector Commander security plans as

    or MSU Commander with COTP needed. This

    and OCMI authority as regulatory revision

    specified at Sec. 150.105. is formalizing what

    This proposed requirement is current industry

    would allow the Sector practice and meets

    Commander or MSU Commander the approval of the

    with COTP and OCMI authority cognizant COTP.

    to verify that the deepwater

    port operator has the

    necessary personnel and

    procedures in place to

    respond to a security

    incident in a manner that

    adequately protects the

    deepwater port, human health,

    and the environment.

    Establishes that the deepwater Audit program for No cost. Formalizes

    port security plan must be port security current industry

    audited if there is a change plan: practice. Existing

    in ownership or operations of Establishes Coast Guard

    the deepwater port, or if requirement for deepwater port

    there have been modifications audit of regulations (Sec.

    to the deepwater port. security plan if 150.15(x)) require

    there is a the operator to

    change in maintain a security

    ownership, plan ``comparable to

    operations or part 106.'' Part

    modification to 106, in turn,

    the port. requires the

    security plan to be

    audited annually and

    to be submitted to

    Coast Guard for re-

    approval every 5

    years. No currently

    operating deepwater

    port has had more

    than annual audits.

    Page 19138

    Limits the scope of audits of Audit program for No cost. Clarifies

    the port security plan to port security existing

    only those sections affected plan: Clarifies requirements in

    by the modifications. existing 106.415(b)(3).

    requirements in

    106.415(b)(3).

    Requires submittal of the Audit program for No cost. Formalizes

    proposed amendment to the port security current industry

    cognizant Sector Commander or plan: practice. Existing

    MSU Commander with COTP and Establishes Coast Guard

    OCMI authority, with copy to process if audit deepwater port

    the Commandant for review and results require regulations (Sec.

    approval. amendment. 150.15(x)) require

    the operator to

    maintain a security

    plan ``comparable to

    part 106.'' Part

    106, in turn,

    requires the

    security plan to be

    audited annually and

    to be submitted to

    Coast Guard for re-

    approval every 5

    years.

    Establishes that the Sector Security plans: No cost. Formalizes

    Commander or MSU Commander Establishes current industry

    with COTP and OCMI authority requirement for practice. Existing

    will normally perform an Sector Commander Coast Guard

    annual security inspection to or MSU Commander deepwater port

    verify the findings in the with COTP and regulations (Sec.

    audit. The Sector Commander OCMI authority 150.15(x)) require

    or MSU Commander with COTP to perform the operator to

    and OCMI authority will annual security maintain a security

    perform a more detailed inspection and 5- plan ``comparable to

    deepwater port security plan year security part 106.'' Part

    review at prescribed 5-year plan review. 106, in turn,

    intervals following initial requires the

    approval of the deepwater security plan to be

    port security plan and will audited annually and

    include onsite inspection of to be submitted to

    personnel assignments and Coast Guard for re-

    qualifications, observance of approval every 5

    security drills, and other years.

    security exercises as

    necessary.

    Adopts the use of a formal Operations No cost. Current

    PMMP. Currently, every manual: Requires industry practice as

    licensed deepwater port has a that existing every deepwater port

    PMMP as a condition of the PMMP be has a PMMP to get a

    MARAD-issued license by incorporated as license. This also

    making the PMMP a requirement part of the harmonizes with

    of the operations manual. operations MARAD requirements.

    manual.

    Requires the operator to Procedural manual No cost. Formalizes

    develop a manual that for pipelines: current industry

    addresses deepwater port Requires practice and is also

    pipeline operations, development of a currently required

    maintenance and emergencies. procedures as a condition of

    This manual, which would be manual for the MARAD-issued

    an appendix to the operations pipelines license for PHMSA

    manual, would incorporate incorporating approval. Has been

    procedures that meet the existing PHMSA submitted by all

    requirements of PHMSA requirements. applicants for

    regulations. deepwater ports.

    ------------------------------------------------------------------------

    Sec. 150.25 When will the Coast Guard require amendments to the

    operations manual?

    ------------------------------------------------------------------------

    Amends the regulation to Administrative: No cost.

    clarify that if the Clarifies

    responsible Sector Commander responsibility

    or MSU Commander with COTP of Sector

    and OCMI authority determines Commander or MSU

    that the licensee's proposed Commander with

    amendments to the operations COTP and OCMI

    manual are inadequate, the authority with

    COTP may return the proposed respect to

    amendments to the licensee operations

    for revision. manual

    amendments.

    Explicitly enables other Administrative: No cost.

    Federal agencies to propose Enables other

    amendments of the operations Federal agencies

    manual to Commandant. to propose

    amendments to

    operations

    manual.

    ------------------------------------------------------------------------

    Sec. 150.30 How may the licensee propose an amendment to the

    operations manual?

    ------------------------------------------------------------------------

    Adds new paragraph (a) to Amendment to No cost. Formalizes

    state that the applicant must Operations current industry

    provide Commandant with a Manual: Process practice. These

    copy of the proposed for submittal types of changes

    amendment. Commandant would and notification requiring Coast

    then notify MARAD prior to of amendment. Guard review and

    approval of significant approval are already

    changes to the deepwater routinely submitted

    port's operations. electronically to

    Coast Guard.

    ------------------------------------------------------------------------

    Sec. 150.100 What are the requirements for inspecting deepwater ports?

    ------------------------------------------------------------------------

    Adds new paragraph (b) to Administrative: No cost.

    affirm that other Federal Clarifies that

    agency representatives may representatives

    accompany Coast Guard from other

    personnel during an Federal agencies

    inspection of a deepwater can accompany

    port to verify compliance in Coast Guard

    those areas of operations personnel during

    over which each agency has an inspection.

    jurisdiction.

    ------------------------------------------------------------------------

    Sec. 150.105 What are the requirements for annual self-inspection?

    ------------------------------------------------------------------------

    Page 19139

    Revises the procedures for Self-inspection No cost. Clarifies

    development and approval of a Program: existing procedures

    deepwater port self- Clarifies for development of

    inspection program by which existing self-inspection

    deepwater ports may, prior to procedures for program.

    commencement of operations, development of

    submit a self-inspection self-inspection

    program to the responsible program.

    Sector Commander or MSU

    Commander with COTP and OCMI

    authority for consideration

    and approval.

    Requires that the responsible Administrative: No cost.

    Sector Commander or MSU Clarifies

    Commander with COTP and OCMI procedures for

    authority validate the validation of

    results of each inspection. inspections.

    If the Sector Commander or

    MSU Commander with COTP and

    OCMI authority determines the

    deepwater port is not

    operating in conformity with

    its operations manual or

    license, the Sector Commander

    or MSU Commander with COTP

    and OCMI authority must

    direct appropriate corrective

    action and notify Commandant

    (CG-5P) and, if there is a

    possible violation of a

    license condition, notify

    MARAD.

    ------------------------------------------------------------------------

    Sec. 150.107 What notice must be given in the event of inspections?

    ------------------------------------------------------------------------

    Requires that the operator Notification of No cost. Formalizes

    notify the responsible Sector inspection: current industry

    Commander or MSU Commander Operator must practice. These

    with COTP and OCMI authority notify Sector types of changes

    when a Federal or State Commander or MSU requiring Coast

    agency schedules an Commander with Guard review and

    inspection, and retain the COTP and OCMI approval are already

    record of results of any authority of routinely submitted

    Federal or State agency Federal or State to Coast Guard.

    inspection, and make those inspection and

    records available for review retain records

    upon request from the of inspections.

    responsible Sector Commander

    or MSU Commander with COTP

    and OCMI authority or his or

    her designated representative.

    ------------------------------------------------------------------------

    Sec. 150.110 What are the notification requirements upon receipt of

    classification society certifications?

    ------------------------------------------------------------------------

    Requires that the deepwater Notification of No cost. Formalizes

    port operator notify the classification current industry

    responsible Sector Commander status: Operator practice. These

    or MSU Commander with COTP must notify types of changes

    and OCMI authority of any Sector Commander requiring Coast

    changes to the deepwater or MSU Commander Guard review and

    port's classification status with COTP and approval are already

    to ensure the deepwater OCMI authority routinely submitted

    port's operations are carried of changes to to Coast Guard.

    out in a manner that is safe classification

    for personnel and protective status.

    of the environment.

    ------------------------------------------------------------------------

    Sec. 150.225 What training and instruction are required?

    ------------------------------------------------------------------------

    Ensures that all employees, Training: No cost. Consolidates

    regardless of status, receive Requires that existing training

    basic safety training as soon all employees requirements that

    as practicable after receive basic are currently

    reporting to the deepwater safety training. scattered throughout

    port. part 150. All

    deepwater ports

    currently require

    basic safety

    training for all

    crew and persons

    other than crew on

    deepwater ports.

    ------------------------------------------------------------------------

    Sec. 150.435 When are cargo transfers not allowed?

    ------------------------------------------------------------------------

    Authorizes continuation of Cargo transfers: Potential cost

    cargo transfers during an Allows savings due to

    electrical storm in the continuation of flexibility in

    vicinity of the deepwater cargo transfers continuing

    port so long as the during operations. Also,

    operations manual contains electrical LNG ports must

    approved procedures, with storms if maintain operations

    which the deepwater port certain to avoid possible

    operator is in compliance, to procedures are hazardous

    ensure the safety of used. situations.

    personnel, equipment and the

    environment.

    ------------------------------------------------------------------------

    Sec. 150.830 Reporting a pollution incident.

    ------------------------------------------------------------------------

    Requires that the person in Notification of No cost. Already

    charge report oil pollution oil pollution required in Sec.

    incidents involving a incidents: 135.307.

    deepwater port according to Requires that

    Sec. Sec. 135.305 and person in charge

    135.307. report oil

    pollution

    incidents.

    ------------------------------------------------------------------------

    Benefits

    The benefits of the proposed rule are summarized below. See Table 4 for more detailed marginal benefit analysis.

    Part 148

    The main purpose of the revisions to 33 CFR part 148 in this proposed rule is to clarify the deepwater port application process. The roles of the Coast Guard, MARAD, BOEM, and other Federal agencies would be further clarified to insure applicants better understand the application process. The

    Page 19140

    Coast Guard also proposed to revise the definitions used in parts 148, 149, and 150 to reflect actual operations.

    The benefits for 33 CFR part 148 would come from incorporating lessons learned from the history of deepwater port applications. The Coast Guard frequently finds that applications cannot be fully processed without time-consuming delays to obtain additional data from applicants. The result may require the Coast Guard to ``stop the clock'' on the application review process. This proposed rule will likely reduce the periods when the ``clock is stopped,'' and expedite the application process.

    Part 149

    The proposed changes in 33 CFR part 149 are mainly technical and administrative in nature to clarify the review and approval process. The proposed changes would allow for increased flexibility in the review and approval process and for certifying entities.

    Part 150

    The proposed changes to part 150 of Title 33 would consolidate operational requirements and codify current industry practice to improve understanding of, and compliance with, good operational practices.

    Table 4--Assessment of Benefits of the Proposed Rule

    ------------------------------------------------------------------------

    Beneficial impact of

    Section Description of change change

    ------------------------------------------------------------------------

    Sec. 148.3 What Describes Coast Guard's Clarifies for applicant

    Federal agencies role as the lead agency the roles and

    are responsible for responsible for NEPA responsibilities of

    implementing the compliance. Also Coast Guard and other

    Deepwater Port Act? describes the Federal agencies to

    responsibilities of enhance understanding

    PHMSA and other federal of application process.

    agencies. Deletes

    reference to expired

    MOU.

    Sec. 148.5 How are Administrative Clarification of various

    terms in this definitions and terms.

    subchapter defined? reorganization.

    Sec. 148.8 How are Allows the applicant to Possible time and cost

    certifying entities nominate a CE during savings. The CE can be

    designated and used the application nominated and chosen

    for purposes of processing phase in during the MARAD

    this subchapter. order to begin the evaluation period,

    technical review rather than waiting

    necessary for the until after the ROD,

    approval of design, allowing earlier start

    construction, to certification. The

    installation, CE could begin

    operation, maintenance technical review during

    and decommissioning MARAD evaluation period

    plans for any proposed to identify potential

    deepwater port. problems and solutions

    before work has

    progressed on a

    application.

    Sec. 148.105 What Various Administrative Clarifies roles of Coast

    must I include in measures. Guard and MARAD, and

    my application? who is a financially

    responsible party, and

    provides consistency

    with Coastal Zone

    Management Act

    procedures to enhance

    understanding of

    application process.

    Sec. 148.105 What Provides flexibility in Possible time and cost

    must I include in means of certifying savings. As the Coast

    my application? accuracy of maps and Guard processed

    diagrams. applications, it became

    aware of the

    unavailability of

    registered professional

    surveyors authorized to

    certify Outer

    Continental Shelf

    leasing maps or

    protraction diagrams.

    This resulted in delays

    in application

    processing. By allowing

    for equivalent

    certifications, this

    proposed change would

    broaden the spectrum of

    persons who could

    certify the accuracy or

    correctness of the

    leasing maps or

    protraction diagrams,

    and minimize delays in

    application processing.

    Sec. 148.105 What Allows use of data older Potential time and cost

    must I include in than 5 years under savings. The proposed

    my application? certain circumstances. change would allow the

    use of older data, with

    Coast Guard approval.

    Use of older

    information may result

    in costs avoided to

    develop new data.

    Sec. 148.105 What Specifies various Clarifies information to

    must I include in information to be be included with the

    my application? included with application to prevent

    application. ``stopping the clock''

    if information is

    requested during

    application review.

    Sec. 148.107 What Various Administrative Clarifies existing

    happens if I changes, including process and enhances

    supplement my formalizing existing understanding by

    application? process for suspending removing outdated

    timeline. discussion.

    Sec. 148.125 What Administrative change Clarifies the existing

    are the application that adds environmental practice that

    fees? analysis as examples of environmental analysis

    costs for application costs are part of

    and post-license review. application and post-

    license review.

    Sec. 148.209 How Administrative change Clarifies existing

    is the application that removes reference process by removing

    processed? to outdated MOU. outdated references.

    Sec. 148.211 What Formalizes existing Clarifies existing

    must I do if I need process in the case of process to enhance

    to change my a significant change or understanding of

    application? required information. application process.

    Sec. 148.214 May I Formalizes process to Potential cost savings.

    resubmit my allow for re-submittal The proposed change

    application? of application. allows for the

    resubmission of an

    application after a

    modification with no

    filing fee. The

    existing process allows

    resubmission, but a

    filing fee for the re-

    submittal applies.

    Sec. 148.217 How Clarifies respective Clarifies existing

    can a State be duties of Coast Guard process to enhance

    designated as an and MARAD. understanding of

    Adjacent Coastal application process.

    State?

    Sec. 148.228 What Provides procedures for Clarifies existing

    if a formal existing hearings and process to enhance

    evidentiary hearing removes superseded understanding of

    is necessary? requirements. application process.

    Page 19141

    Sec. Sec. 148.230 Removes superseded Clarifies existing

    through 148.256 requirements. process to enhance

    understanding of

    application process.

    Sec. 148.276 What Describes timing for Clarifies existing

    is the timeline for publication of notice process to enhance

    approving or of application and understanding of

    denying an process for Adjacent application process.

    application? Coastal State public

    hearings.

    Sec. 148.283 When Describes that MARAD and Clarifies existing

    may the application Commandant will provide process to enhance

    process be stopped joint written statement understanding of

    and an application to the applicant of application process.

    be treated as action taken under this

    withdrawn? section.

    Sec. 148.405 What Clarifies that BOEM Clarifies existing

    are the procedures guidelines for process to enhance

    for notifying the geological and understanding of

    Commandant (CG-5P) geophysical surveys application process.

    of proposed site should be applied when

    evaluation and pre- the applicant plans to

    construction use bottom and sub-

    testing? bottom acoustic

    profiling during

    deepwater port site

    evaluation and pre-

    construction activities.

    Sec. 148.605 What Clarifies process for Clarifies existing

    are the procedures existing authority for process to enhance

    under OPA 90 for Coast Guard to lower understanding of

    adjusting a the OPA 90 limit of application process.

    deepwater port's liability for deepwater

    limit of liability ports; sets minimum

    under 33 U.S.C. level for OPA 90 limit

    2704(d)(2)? of liability

    adjustments and

    describes process for

    increases as

    appropriate; lists

    information required to

    support an adjustment

    to liability.

    Sec. 148.707 What Clarifies existing Clarifies information to

    type of criteria requirements for NEPA be included with the

    will be used in an submissions. Application to prevent

    environmental ``stopping the clock''

    evaluation and how if information is

    will they be requested during

    applied? application review.

    Sec. 148.707 What Deletes requirement to Possible time and cost

    type of criteria consider future savings. Consideration

    will be used in an environmental of future environmental

    environmental regulations as regulations time

    evaluation and how unreasonable. consuming and requires

    will they be speculation. Allows

    applied? focus on complying with

    existing regulations.

    Sec. 148.715 How Adds the following to Clarifies information to

    is an environmental the existing list of be included with the

    review conducted? factors: Geographic application to prevent

    relevance, age of data, ``stopping the clock''

    and methods of data if information is

    analysis. requested during

    application review.

    Sec. 148.737 What Replaces list of Allows for easier update

    environmental statutes with reference of list of statutes

    statutes must an to Web site so list can that applicant must

    applicant follow? be kept current. follow.

    Sec. 149.5 What Moves to definition Administrative to

    definitions apply section 148.5. enhance understanding

    to this part? of application process

    by consolidating

    definitions.

    Sec. 149.20 What Adds that the District Clarifies existing

    must the District Commander must be requirement by adding

    Commander be notified of the STL.

    notified of and construction of a

    when? submerged turret

    loading (STL) buoy.

    Sec. 149.51 What Allows a foreign Potential cost savings

    construction national engineer, due to flexibility by

    drawings and possessing allowing equivalent

    specifications are qualifications qualifications for

    required? equivalent to those foreign national

    required in the United engineer thereby

    States for a avoiding potential

    professional engineer, delays.

    to submit design and

    construction plans on

    behalf of the licensee.

    Sec. 149.52 What Clarifies what the Potential cost savings

    are the design appropriate due to use of existing

    standards? classification society industry classification

    requirements are for society standards.

    deepwater ports. This

    proposed change would

    be added to explicitly

    allow for the adoption

    of classification

    society standards

    generally used within

    the offshore industry

    that are at least

    equivalent to rules

    established by any

    recognized

    classification society

    recognized by the Coast

    Guard.

    Sec. 149.54 What Moves existing text from Reorganizes text to

    is the process for other section. enhance understanding.

    submitting

    alterations and

    modifications

    affecting the

    design,

    construction, and

    operations of a

    deepwater port?

    Sec. 149.57 What Provides standardization Describes the review and

    is the review and of the deepwater port approval process and

    approval process commissioning process, clarifies

    for the design, ensures all levels of responsibilities to

    construction, and the Coast Guard with facilitate

    commissioning for deepwater port understanding of the

    Deepwater Ports for responsibilities are process.

    operation? appraised of a

    deepwater port's

    pending operational

    approval, and clarifies

    for the licensee the

    identity of the

    responsible Coast Guard

    official with daily

    operational oversight.

    Page 19142

    Sec. 149.58 What Describes the scope and Clarifies scope and

    is the role of the duration of a CE's duration of CE's

    certifying entity responsibility during responsibility to

    in the review and each phase of design, enhance understanding

    approval process construction, and of how the CE assists

    for the design, operations, and would the application

    construction, and apply to all nominated process.

    commissioning for CEs whether nominated

    Deepwater Ports for under proposed Sec.

    operation? 148.8 or not.

    (discussed previously

    under ``B. Part 148, 2.

    Application Information

    and Review'').

    Sec. 149.115 What Revises to indicate that Clarifies existing

    are the the pipeline end requirements to improve

    requirements for manifold's shutoff ability to respond to

    pipeline end valve must be operable emergencies and on

    manifold shutoff from a remote location unmanned facilities

    valves? because that capability through the use of

    must be available for remote shutoff valves.

    operations on unmanned

    deepwater ports as well

    as during emergencies.

    Sec. 149.206 What Aligns the requirements Enhances understanding

    are the for survival craft and by aligning

    requirements for rescue boats for manned requirements with MODU

    survival craft and deepwater ports with CFR.

    rescue boats? Coast Guard regulations

    for the survival craft

    and rescue boat

    requirements for Mobile

    Offshore Drilling Units

    (MODU) in 46 CFR

    108.520-108.575.

    Sec. 150.10 What To ensure operations Clarifies requirements

    are the general manuals are subject to for operations manual

    requirements for continuous review and review to enhance

    operations manuals? reflect the deepwater understanding of

    port's actual process.

    operational profile,

    the Coast Guard

    proposes in Sec.

    150.10(e) to establish

    a five-year cycle for

    the operator to re-

    submit the operations

    manual to the

    Commandant (CG-5P) to

    be re-reviewed and re-

    approved. This 5-year

    review cycle would

    coincide with the

    existing five-year

    environmental baseline

    reassessment

    requirement found at

    Sec. 150.15(bb).

    Sec. 150.15 What Specifies details of Potential time and cost

    must the operations operations manual savings. Streamlines

    manual include? including inclusion of approval by ensuring

    existing COA and that manual meets

    existing PMMP. existing COA, MTSA, and

    Describes the annual PMMP/PHMSA

    audit of deepwater port requirements.

    security plan and

    clarifies scope of

    audits audit to

    modification.

    Requires development of

    a procedures manual for

    pipelines incorporating

    existing PHMSA

    requirements.

    Establishes requirement

    for Sector Commander or

    MSU Commander with COTP

    and OCMI authority to

    perform annual security

    inspection and 5-year

    security plan review.

    Sec. 150.25 When Clarifies responsibility Enhances understanding

    will the Coast of Sector Commander or of process by

    Guard require MSU Commander with COTP clarifying

    amendments to the and OCMI authority with responsibilities of

    operations manual? respect to operations Coast Guard and other

    manual amendments and Federal agencies with

    enables other Federal regards to amendments

    agencies to propose to operations manual.

    amendments to

    operations manual.

    Sec. 150.30 How Adds new paragraph (a) Enhances understanding

    may the licensee to state that the of process by

    propose an applicant must provide clarifying process for

    amendment to the Commandant with a copy amending operations

    operations manual? of the proposed manual and notifying

    amendment. Commandant MARAD.

    would then notify MARAD

    prior to approval of

    significant changes to

    the deepwater port's

    operations.

    Sec. 150.100 What Adds language that Enhances understanding

    are the representatives from of process by

    requirements for other Federal agencies clarifying that

    inspecting can accompany Coast representatives from

    deepwater ports? Guard personnel during other Federal agencies

    an inspection. can accompany Coast

    Guard personnel during

    an inspection.

    Sec. 150.105 What Clarifies the existing Enhances understanding

    are the procedures for of process by

    requirements for development and clarifying the existing

    annual self- approval of a deepwater procedures for

    inspection? port self-inspection developing and

    program by which approving a self-

    deepwater ports may, inspection program.

    prior to commencement

    of operations, submit a

    self-inspection program

    to the responsible

    Sector Commander or MSU

    Commander with COTP and

    OCMI authority for

    consideration and

    approval.

    Sec. 150.107 What Operator must notify Formalizes current

    notice must be Sector Commander or MSU industry practice

    given in the event Commander with COTP and relating to notice of

    of inspections? OCMI authority of inspections.

    Federal or State

    inspection and retain

    records of inspections.

    Sec. 150.110 What Operator must notify Formalizes current

    are the Sector Commander or MSU industry practice

    notification Commander with COTP and relating to changes to

    requirements upon OCMI authority of classification.

    receipt of changes to

    classification classification status.

    society

    certifications?

    Sec. 150.225 What Describes basic safety Clarifies existing

    training and training requirements regulatory requirements

    instruction are for all employees. for basic safety

    required? training for all

    employees.

    Sec. 150.435 When Allows continuation of Potential cost savings

    are cargo transfers cargo transfers during due to flexibility in

    not allowed? electrical storms if continuing operations.

    certain procedures are Also, LNG ports must

    used. maintain operations to

    avoid possible

    hazardous situations.

    Page 19143

    Sec. 150.830 Describes process for Enhances understanding

    Reporting a reporting oil pollution of process by

    pollution incident. incidents. clarifying existing

    regulatory requirements

    for reporting oil

    pollution incidents.

    ------------------------------------------------------------------------

  21. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this final rule will have a significant economic impact on a substantial number of small entities. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and government jurisdictions with populations of less than 50,000.

    There are three entities that operate existing deepwater ports. LOOP is owned by a consortium of three multinational energy corporations. The owners/operators of LOOP are not small; therefore, LOOP exceeds the threshold for a small entity. Gulf Gateway and Northeast Gateway are wholly owned by the second entity, which exceeds the threshold for a small entity. The deepwater port Neptune LNG is wholly owned by the third entity, which exceeds the threshold for a small entity. The applicants of the five applications that were withdrawn also exceed the threshold for a small entity. We assume that any new deepwater port will not be a small entity given the history and requirements for a new deepwater port. The North American Industry Classification System (NAICS) codes and size standards for these entities are found in Table 5.

    Table 5--NAICS Codes and Size Standard for Deepwater Port Operators

    ------------------------------------------------------------------------

    Size

    Count of companies NAICS Code standard

    (employees)

    ------------------------------------------------------------------------

    1......................... 486110 Pipeline Transportation 1,500

    of Crude Oil.

    1......................... 424710 Petroleum Bulk Stations 100

    and Terminals.

    1......................... 211111 Oil and Gas Extraction.. 500

    2......................... 221210 Natural Gas Distribution 500

    ------------------------------------------------------------------------

    No not-for-profit organizations are involved with deepwater ports. Deepwater ports are beyond the boundary line and therefore beyond small government jurisdiction. This proposed rule will not have an adverse impact on small government entities.

    Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it.

  22. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996,\19\ we want to assist small entities in understanding this proposed rule so that they could better evaluate its effects on them and participate in the rulemaking. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Mr. Kevin Tone, Deepwater Ports Standards Division (CG-OES-4), email Kevin.P.Tone@uscg.mil, phone (202) 372-1441. The Coast Guard will not retaliate against the small entities that question or complain about this rule or any policy or action of the Coast Guard.

    ---------------------------------------------------------------------------

    \19\ Public Law 104-121.

    ---------------------------------------------------------------------------

    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).

  23. Collection of Information

    This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 \20\ (PRA). Under OMB regulations implementing the PRA, ``Controlling Paperwork Burdens on the Public'' (5 CFR part 1320), ``collection of information'' means the obtaining, soliciting, or requiring the disclosure to an agency of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons. ``Ten or more persons'' refers to the number of respondents to whom a collection of information is addressed by the agency within any 12-month period and does not include employees of the respondent acting within the scope of their employment, contractors engaged by a respondent for the purpose of complying with the collection of information, or current employees of the Federal government. Collections of information affecting ten or more respondents within any 12-month period require OMB review and approval.

    ---------------------------------------------------------------------------

    \20\ 44 U.S.C. 3501-3520.

    ---------------------------------------------------------------------------

    This proposed rule comprises deepwater port application, operation, and oversight procedures. The Coast Guard expects fewer than ten entities in the natural gas industry would be affected by this rule within any 12-month period because there are only four deepwater ports currently in operation, and the Coast Guard does not expect to receive ten or more applications in any future year because it has received only eight applications in the last five years combined. Thus, we expect to receive less than 10 applications per year; less than 10 submissions of design, construction, and equipment modification per year; and less than 10 proposals to amend approved Operation Manuals per year. Consequently, the number of respondents is less than the threshold of ten respondents per 12-month period for collection of information requirements under the PRA.

  24. Federalism

    A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and

    Page 19144

    have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis is explained below.

    Congress conferred rulemaking authority on the Secretary of Transportation to promulgate regulations to carry out the provisions of the DWPA. Relating to deepwater port licenses, 33 U.S.C. 1504(a) states that the Secretary ``shall . . . issue regulations to carry out the purposes and provisions of the DWPA . . . Such regulations shall pertain to, but need not be limited to, application, issuance, transfer, renewal, suspension, and termination of licenses.'' As noted above, when the Coast Guard was transferred to DHS, certain authorities and functions that were delegated to the Coast Guard while operating as a part of the Department of Transportation remained with the Coast Guard after its transfer to DHS. As such, the Coast Guard retained its delegated authority to establish the regulatory framework governing the application and licensing process of deepwater ports. Although Congress specifically provided for affected States to play a role in the licensing process of deepwater ports, the authorities exercised by the Coast Guard in this rulemaking do not involve those delineated State roles or responsibilities as they establish the licensing procedures themselves. Congress made clear in the language of the DWPA that the authority to establish licensing procedures was reserved to the Coast Guard and States may not regulate within this category. Therefore, the proposed rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132.

    Additionally, the Coast Guard was granted the authority by Congress, through delegation, to issue regulations to improve safety in deepwater ports. 33 U.S.C. 1509(b) states that the Secretary ``shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.'' As this proposed rule revises provisions regarding the construction, design, equipment, and operation of deepwater ports, it falls within the scope of authority Congress granted exclusively to the Secretary. This authority has been delegated to the Coast Guard and is exercised in this rulemaking, and the States may not regulate within these categories of construction, design, equipment and operation for deepwater ports. Therefore, the proposed rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132.

    While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of authority to issue regulations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, Executive Order 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this proposed rule has implications for federalism under Executive Order 13132, please contact the person listed in the FOR FURTHER INFORMATION section of this preamble.

  25. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 \21\ 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    ---------------------------------------------------------------------------

    \21\ 2 U.S.C. 1531-1538.

    ---------------------------------------------------------------------------

  26. Taking of Private Property

    This proposed rule would not cause a taking of private property or otherwise have taking implications under E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

  27. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    I. Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

  28. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O. 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.

  29. Energy Effects

    We have analyzed this proposed rule under E.O. 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. Though it is a ``significant regulatory action'' under E.O. 12866, it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under E.O. 13211.

    L. Technical Standards

    The National Technology Transfer and Advancement Act \22\ 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.

    ---------------------------------------------------------------------------

    \22\ Codified as a note to 15 U.S.C. 272.

    ---------------------------------------------------------------------------

    This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

  30. Environment

    We have analyzed this proposed rule under DHS Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969,\23\ and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist

    Page 19145

    supporting this determination is available in the docket where indicated under the ``Public Participation and Request for Comments'' section of this preamble. This action falls under section 2.B.2, figure 2-1, paragraph (34)(a) and involves regulations that are editorial or procedural, such as those updating or establishing application procedures. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    ---------------------------------------------------------------------------

    \23\ 42 U.S.C. 4321-4370f.

    ---------------------------------------------------------------------------

    List of Subjects

    33 CFR Part 148

    Administrative practice and procedure, Environmental protection, Harbors, Petroleum.

    33 CFR Part 149

    Fire prevention, Harbors, Marine Safety, Navigation (water), Occupational safety and health, Oil pollution.

    33 CFR Part 150

    Harbors, Incorporation by reference, Marine safety, Navigation (water), Occupational safety and health, Oil pollution, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR parts 148, 149, and 150 as follows:

    PART 148--DEEPWATER PORTS: GENERAL

    0

    1. The authority citation for part 148 continues to read as follows:

    Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).

    0

    2. Revise Sec. 148.3 to read as follows:

    Sec. 148.3 What Federal agencies are responsible for implementing the Deepwater Port Act?

    (a) Under delegations from the Secretary of Homeland Security and the Secretary of Transportation, the Coast Guard and MARAD coordinate with each other in processing applications for the issuance, transfer, or amendment of a license for the construction and operation of a deepwater port.

    (b) The Coast Guard is responsible for compliance with the National Environmental Policy Act (NEPA), including, but not limited to, preparation of the appropriate environmental documents (Environmental Impact Statement, Environmental Assessment, and/or a State-required Environmental Impact Report) for each deepwater port license application. The Coast Guard also has authority over certain matters relating to navigation safety and security, engineering and safety standards and deepwater port inspections.

    (c) MARAD is responsible for issuing the Record of Decision to announce whether a license application is approved, approved with conditions, or denied, and for issuing, revoking, and reinstating deepwater port licenses. MARAD also has authority over the approval of fees charged by Adjacent Coastal States, and certain matters relating to international policy, civil actions, and suspension or termination of licenses.

    (d) The Secretary of Transportation has delegated to the Administrator of the Pipeline Hazardous Materials and Safety Administration (PHMSA) the authority to carry out the functions vested in the Secretary under section 21 of the Deepwater Port Act relating to the safe construction, operation, and maintenance of pipelines associated with deepwater ports.

    (e) The Secretary of the Interior is responsible for determining the fair market rental value of the subsoil and seabed of the Outer Continental Shelf of the United States to be used by the deepwater port, including, but not limited to, the fair market rental value of the right-of-way necessary for the pipeline segment of the port located on such subsoil and seabed. Any proposed subsuface storage of oil and gas in the submerged lands of the Outer Continental Shelf is also subject to the review and approval of the Secretary of the Interior. In order to minimize potential impacts to existing facilities and protect the development potential of nearby oil, gas, and mineral resources, Bureau of Ocean Energy Management (BOEM) should also be involved in the site selection process.

    (f) The Environmental Protection Agency (EPA), U.S. Army Corps of Engineers, and other Federal agencies are designated as cooperating agencies and support the Coast Guard and MARAD in the review and evaluation of deepwater port license applications.

    0

    3. Amend Sec. 148.5 as follows:

    0

    1. Add a definition in alphabetical order for ``Accommodation module'';

      0

    2. Revise the definition for ``Construction'';

      0

    3. Add definitions in alphabetical order for ``Deepwater port'', ``Deepwater port security plan'', ``Engineering geological survey'',

      0

    4. Remove the definition for ``Engineering hydrographic survey'';

      0

    5. Add in alphabetical order a definition for ``Flexible riser and umbilical'';

      0

    6. Revise the definition for ``Lease block'';

      0

    7. Add in alphabetical order definitions for ``Major conversion'' and ``Marine Safety Unit (MSU) Commander'';

      0

    8. Revise the definitions for ``Marine site'' and ``Maritime Administration'';

      0

    9. Add in alphabetical order a definition for ``Mile'';

      0

    10. Revise the definitions for ``Operator'' and ``Person in Charge'';

      0

    11. Add in alphabetical order definitions for ``PIC'' and ``Pipeline'';

      0

    12. Revise the definition for ``Pipeline end manifold'';

      0

    13. Add in alphabetical order a definition for ``Prevention, monitoring and mitigation program'';

      0

    14. Revise the definition for ``Safety zone'';

      0

    15. Add in alphabetical order a definition for ``Service space'';

      0

    16. Revise the definitions for ``Single point mooring oil transfer system''; ``Single point mooring natural gas transfer system'';

      0

    17. Add in alphabetical order definitions for ``Service space'', ``Sleeping space'', and ``Submerged turret loading buoy''; and

      0

    18. Revise the definition for ``Vessel''.

      The additions and revisions read as follows;

      Sec. 148.5 How are terms used in this subchapter defined?

      As used in this subchapter:

      Accommodation module means a module with one or more accommodation spaces that is individually contracted and may be used for one or more facilities.

      * * * * *

      Construction means any activity incidental to building, repairing, or expanding a deepwater port or any of its components, and includes but is not limited to supervision, inspection, actual building, fabrication, laying of pipe, pile driving, bulk heading, alteration, modification, commissioning, and additions to the deepwater port.

      * * * * *

      Deepwater port. (1) Means any fixed or floating manmade structure other than a vessel, or any group of structures, located beyond State seaward boundaries that are used or are intended for use as a port or terminal for the transportation, storage, or further handling of oil or natural gas for transportation to or from any State, except as otherwise provided in the Deepwater Port Act of 1974, as amended, and for other uses not inconsistent with the purposes of the Deepwater Ports Act, including transportation of oil or natural gas from the United States' OCS;

      Page 19146

      (2) Includes all components and equipment, including pipelines, pumping stations, service platforms, buoys, mooring lines, and similar facilities, to the extent that they are located seaward of the high water mark;

      (3) Includes, in the case of natural gas, all components and equipment, including pipelines, pumping or compressor stations, service platforms, buoys, mooring lines, and similar facilities which are proposed and/or approved for construction and operation as part of the deepwater port, to the extent that they are located seaward of the high water mark and do not include interconnecting facilities; and

      (4) Must be considered a ``new source'' for purposes of the Clean Air Act, as amended (codified at 42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act, as amended (codified at 33 U.S.C. 1251 et seq.).

      Deepwater port security plan or DPSP means the plan developed to ensure the implementation of security measures, at each Maritime Security Level defined in 33 CFR 101.105, to protect the deepwater port and its servicing vessels or those vessels interfacing with the deepwater port, and any cargoes and persons on board the port or vessels.

      * * * * *

      Engineering geological survey means a detailed geological analysis of seabed soil samples performed to determine the physical composition--for example the mineral content--and structural integrity for the installation of offshore components and structures.

      Flexible riser and umbilical refer to the parts of a single point mooring system and include the flexible product transfer and control system from the submerged turret loading (STL) buoy to a pipeline end manifold (PLEM).

      * * * * *

      Lease block means an area established either by the Secretary of the Interior under 43 U.S.C. 1334, or by a State under 43 U.S.C. 1311.

      * * * * *

      Major conversion means a conversion that the Commandant (CG-5P) determines will result in a substantial change to the deepwater port's type or essence, dimensions, carrying capacity (if a floating deepwater port), processing equipment, or expected useful lifespan.

      * * * * *

      Marine Safety Unit (MSU) Commander means the same as the definition in 33 CFR 3.01-1(d)(2).

      Marine site means the area in which the deepwater port is located, including, but not limited to, the safety zone and all areas seaward of the high water mark in which associated components and equipment of the deepwater port are located.

      Maritime Administration or MARAD means the Administrator of the Maritime Administration or that person's designees, and includes the Associate Administrator for Intermodal System Development, Maritime Administration, or that individual's authorized representative, at 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 366-0926.

      * * * * *

      Mile means nautical mile.

      * * * * *

      Operator means the licensee or the licensee's designee.

      * * * * *

      Person in charge, when used without the abbreviation ``PIC,'' means a person in charge of an operation other than transfer operations.

      PIC means an individual designated as a person in charge of transfer operations under 33 CFR 154.710 for oil facilities or 33 CFR 127.301 for liquefied natural gas (LNG) facilities.

      * * * * *

      Pipeline means the pipeline portion of a deepwater port downstream of the last valve, and associated safety equipment, on the pipeline end manifold (PLEM). On deepwater ports with multiple mooring stations, the term includes the flow line or gathering line between each PLEM.

      Pipeline end manifold or PLEM means the deepwater port process skids containing the valves, controls, and instrumentation downstream of the mooring equipment. The PLEM is normally subsea and will normally include the last downstream valve prior to the deepwater port pipeline.

      * * * * *

      Prevention, monitoring, and mitigation program or PMMP means a post-licensing, performance-based process to evaluate the effectiveness of preventing or mitigating environmental impacts from deepwater port construction and operations, and including the development of a pre-

      construction monitoring baseline with subsequent periodic evaluations to determine if and when improvements to the program must be incorporated.

      * * * * *

      Safety zone means a safety zone established around a deepwater port under part 150, subpart J, of this chapter and extending up to 500 meters (approximately 1,640 feet) around the deepwater port, measured from each point on its outer edge or from its construction site, except as authorized by generally accepted international standards or as recommended by the International Maritime Organization but not interfering with the use of recognized sea lanes.

      Service space means a space used for a galley, a pantry containing cooking appliances, a storeroom, or a workshop other than those in industrial areas, and trunks to those spaces.

      * * * * *

      Single point mooring oil transfer system or SPM-OTS means the part of the oil transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker's manifold. This is not part of a submerged turret loading-single point mooring (STL-SPM) system.

      Single point mooring natural gas transfer system or SPM-NGTS means the part of the natural gas transfer system from the pipeline end manifold to the end of the hose string that connects to the tanker's manifold. This is not part of a submerged turret loading-single point mooring (STL-SPM) system.

      Sleeping space means a space provided with bunks for sleeping.

      * * * * *

      Submerged turret loading buoy or STL buoy means a loading buoy connected to the riser and umbilical that is pulled into a tanker's receiving cone for the transfer of oil or natural gas.

      * * * * *

      Vessel means every description of watercraft or artificial contrivance used or capable of being used as a means of transportation on or through the water.

      0

      4. Amend Sec. 148.8 as follows:

      0

    19. In paragraph (a), add a sentence at the end of the paragraph; and

      0

    20. In paragraph (b) introductory text, remove the words ``may be made at any time after the Maritime Administration issues a record of decision approving the application, and''.

      The addition reads as follows:

      Sec. 148.8 How are certifying entities designated and used for purposes of this subchapter?

      (a) * * * Applicants may, with Commandant (CG-5P) approval, nominate a CE before the Maritime Administration issues a Record of Decision.

      * * * * *

      0

      5. Amend Sec. 148.105 by:

      0

    21. Revising paragraphs (g)(1)(i), (g)(2)(iii), (i)(1), and (j) introductory text;

      0

    22. Adding paragraphs (j)(1), (j)(1)(i), (j)(1)(ii), and (j)(2);

      0

    23. Revising paragraphs (k)(1) introductory text, (m)(1)(i), (m)(1)(iii), and (m)(2);

      0

    24. Adding paragraphs (m)(3) and (4);

      Page 19147

      0

    25. Revising paragraphs (n) introductory text, (s)(6)(iv), (t) introductory text, (y), and (z); and

      0

    26. Adding paragraph (ff).

      The revisions and additions read as follows:

      Sec. 148.105 What must I include in my application?

      * * * * *

      (g) * * *

      (1) * * *

      (i) Annual financial statements, audited by an independent certified public accountant, for the previous 3 years, including, but not limited to, an income statement, balance sheet, and cash flow statement with footnote disclosures prepared according to U.S. Generally Accepted Accounting Principles; provided, however, that MARAD, in consultation with the Commandant (CG-5P), may waive this requirement upon finding:

      * * * * *

      (2) * * *

      (iii) A preliminary estimate of the cost of removing all of the deepwater port marine components, including pipelines that lie beneath the seabed. The licensee of a deepwater port is responsible for the costs associated with removal of all deepwater port components. Should a license be granted, MARAD will require a bond, guarantee, or other financial instrument to cover the complete cost of decommissioning as a condition of the license.

      * * * * *

      (i) * * *

      (1) Evidence, to the extent available, that the requirements of 33 U.S.C. 1341(a)(1) will be satisfied. If complete information is not available by the time MARAD must either approve or deny the application under 33 U.S.C. 1504(i)(1), the license for the deepwater port will be conditioned upon the applicant demonstrating that the requirements of 33 U.S.C. 1341(a)(1) will be satisfied.

      * * * * *

      (j) Coastal zone management. (1) The application must be accompanied by a completed consistency certification that the proposed activity complies with, and will be conducted in a manner consistent with, each affected state's Coastal Management Program. This certification must include--

      (i) The statement: ``The proposed activity complies with the enforceable policies of NAME OF AFFECTED STATE's approved management program and will be conducted in a manner consistent with such program.''; and

      (ii) A copy of the environmental evaluation required by Sec. 148.105(z) of this part; and

      (2) At the time of submitting the application, the applicant must also furnish to the appropriate agency of each State where the proposal may affect a coastal use or resource, a copy of the certification requesting concurrence with the consistency certification. Complete procedures for providing data for the consistency certification are specified at 15 CFR part 930, subpart D.

      (k) Identification of lease block. (1) Identification of each lease block where any part of the proposed deepwater port or its approaches is located. This identification must be made on official Outer Continental Shelf leasing maps or protraction diagrams, where available. Each map and diagram must be certified by a professional surveyor, or, in the alternative, the applicant must provide an equivalent means of certifying accuracy. For each lease block, provide the following:

      * * * * *

      (m) * * *

      (1) * * *

      (i) Fixed and floating structures and associated components seaward of the high water mark;

      * * * * *

      (iii) Proposed anchorage and mooring areas, including areas associated with construction and pipelaying operations;

      (2) A reconnaissance hydrographic survey of the proposed marine site. This survey should provide data on the water depth, cultural resources, and a general characterization of the sea bottom. A requirement to submit a reconnaissance hydrographic survey of the final marine site will be imposed as a condition in the license. The applicant may submit existing data, gathered within the previous 5 years (or within a longer timeframe if approved by the Commandant (CG-

      5P)), but it must be supplemented by field data for the specific locations in which a high degree of variability exists;

      (3) Meteorological/oceanographic (``MetOcean'') data. This should include prevailing winds, currents, waves and storms in the vicinity of the proposed marine site; and

      (4) Vessel traffic data. At least one year of vessel traffic data from the most recent year's data, if available, in the vicinity of the proposed marine site.

      (n) Engineering geological survey data. An initial preliminary analysis of the general character and condition of the ocean bottom and sub-bottom, soils and sediments throughout the marine site, and, if applicable, soils and topography throughout the terrestrial site. If the applicant proposes to use horizontal directional drilling (HDD), the initial preliminary analysis must include a study addressing the feasibility of HDD in the proposed HDD location. The applicant may use existing data, so long as it was collected within the last 5 years (or within a longer timeframe if approved by the Commandant (CG-5P)) and continues to provide accurate information about conditions throughout the site. If not, a new survey must be completed to provide supplemental data. The analysis must include an opinion by a registered professional specializing in soil mechanics, such as a registered professional engineer or an equivalent means of certifying accuracy, concerning:

      * * * * *

      (s) * * *

      (6) * * *

      (iv) Any associated equipment, including equipment for oil or natural gas regasification, throughput measuring, leak detection, emergency shutdown, and the alarm system.

      * * * * *

      (t) Information on offshore pipelines. To facilitate timely processing of an application, applicants are encouraged to consult with PHMSA to verify the requirements for the design, construction, operation and maintenance of pipelines prior to submitting an application, which must include the following:

      * * * * *

      (y) Risk and consequence assessment. The applicant must submit a site-specific risk and consequence assessment to assess the risks and consequences of accidental and intentional events that compromise cargo containment. The applicant may consult with the Commandant (CG-5P) to ensure that appropriate assessment procedures are used. If the Coast Guard determines that an independent risk and consequence assessment is necessary, the Coast Guard may require the applicant to provide additional data in order to support an independent, site-specific analysis. The Coast Guard may use an approved third party to analyze the applicant provided data for impact on the public, property, and the environment including, but not limited to, potential events that result in a liquefied natural gas or oil spill, vapor dispersion and/or fire. The Coast Guard-approved third party will use validated models, for example, computational fluid dynamics, or an equivalent model.

      (z) Environmental evaluation. An analysis, sufficient to meet the

      Page 19148

      requirements of the National Environmental Policy Act, and as outlined in subpart H of this part, of the potential impacts on the natural and human environments, including sufficient information that complies with all applicable Federal, tribal, and State requirements for the protection of the environment. The analysis must identify a reasonable range of alternatives to the proposed action including, but not limited to, deepwater port location, pipeline route and landfall, construction methods, deepwater port design, and technologies used during operation.

      * * * * *

      (ff) MARPOL 73/78 requirements for certification as Reception Facility for Oil, Noxious Liquid Substances, and Garbage. The deepwater port license applicant must include an application for a Certificate of Adequacy (COA) as defined in 33 CFR 158.120 or a written waiver justifying why compliance with the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to that Convention, or MARPOL 73/78, is unreasonable or impracticable.

      0

      6. Revise Sec. 148.107 to read as follows:

      Sec. 148.107 What happens if I supplement my application?

      (a) The Commandant (CG-5P), in coordination with MARAD, may require the applicant, or the applicant's affiliates, to file as a supplement to the application any analysis, explanation, or other information the Commandant (CG-5P) deems necessary to process the application.

      (b) The Commandant (CG-5P), in coordination with MARAD, may require the applicant, or the applicant's affiliates, to make available for Coast Guard or MARAD examination, under oath or for interview, persons having, or believed to have, necessary information.

      (c) If information under paragraph (a) or (b) of this section is required, the Commandant (CG-5P), with input from the applicant, will determine if that required supplemental information can be provided in a timeframe necessary to meet the Act's timeline for processing the application. If the information under paragraph (a) or (b) cannot be provided in that timeframe, the Commandant (CG-5P), in consultation with MARAD, may suspend the timeline for processing the application until the Commandant (CG-5P) receives that information and deems it to be adequate.

      (d) The deadline for the Administrator's review of an application under the Act is extended for a period of time equal to the total number of days of all suspensions made under paragraph (c) of this section.

      (e) If information under paragraph (a) or (b) of this section is required, and the Commandant (CG-5P) determines that reasonable progress is not being made to supply that information, the Commandant (CG-5P) may recommend to MARAD to either suspend processing of the application indefinitely or to treat the application as withdrawn in accordance with Sec. 148.283 of this part.

      Sec. 148.125 Amended

      0

      7. Amend Sec. 148.125(c) by adding the words ``and additional environmental analysis'' after the words ``operations manual''.

      Sec. 148.207 Amended

      0

      8. Amend Sec. 148.209 by revising paragraph (a) to read as follows:

      Sec. 148.209 How is the application processed?

      * * * * *

      (a) Each Federal agency with jurisdiction over any aspect of ownership, construction, or operation of deepwater ports; and

      * * * * *

      0

      9. Revise Sec. 148.211 to read as follows:

      Sec. 148.211 What must I do if I need to change my application?

      (a) If at any time before MARAD approves or denies an application, the information in it changes, becomes incomplete, or becomes inaccurate, the applicant must promptly submit the changes, additional information, or necessary corrections in the manner set forth in Sec. 148.115 of this part.

      (b) The Coast Guard may determine that the change or required information is of such magnitude that it warrants submission of an amended or, in some cases, a completely revised application. The Commandant (CG-5P), in consultation with MARAD, will determine if the change is of such a magnitude as to require reopening of the scoping process or otherwise warrant the opportunity for additional public comment on the proposed action.

      0

      10. Add Sec. 148.214 to read as follows:

      Sec. 148.214 May I resubmit my application?

      With the approval of MARAD, in consultation with the Commandant (CG-5P), an applicant may resubmit a previously withdrawn application in accordance with subpart B of this part. The Commandant (CG-5P) may waive such subpart B requirements as the Commandant (CG-5P) deems appropriate. Where the application was previously denied, or withdrawn due to concerns raised by either MARAD or the governor of an Adjacent Coastal State, the resubmission must be accompanied by a memorandum in which the applicant shows clearly how the application has been revised to address those reasons for denial or concerns.

      Sec. 148.215 Amended

      0

      11. Amend Sec. 148.215 as follows:

      0

    27. Redesignate paragraph (d) as paragraph (c)(5); and

      0

    28. In newly redesignated paragraph (c)(5), after the words ``determination that the'', add the words ``proposed deepwater''.

      0

      12. Amend Sec. 148.217 by revising paragraphs (b)(1), (c), and (d) to read as follows:

      Sec. 148.217 How can a State be designated as an Adjacent Coastal State?

      * * * * *

      (b) * * *

      (1) Be submitted in writing to MARAD within 14 days after the date of publication of the notice of application in the Federal Register;

      * * * * *

      (c) Upon receipt of a request, MARAD will send a copy of the State's request to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and ask for the Administrator's recommendations within an amount of time that will allow MARAD, in consultation with the Commandant (CG-5P), 45 days from receipt of the request to determine the matter.

      (d) If after receiving NOAA's recommendations, MARAD determines that the State should be considered an Adjacent Coastal State, MARAD, in consultation with the Commandant (CG-5P), will so designate it. If MARAD, in consultation with the Commandant (CG-5P), denies the request, he or she will notify the requesting State's Governor of the denial.

      Sec. 148.222 Amended

      0

      13. Amend Sec. 148.222(b) by removing the words ``The Commandant (CG-

      5) or the MARAD Administrator'' and adding, in their place, the words ``MARAD, in coordination with the Commandant (CG-5P),''.

      0

      14. Revise Sec. 148.228 to read as follows:

      Sec. 148.228 What if a formal evidentiary hearing is necessary?

      After all public meetings under Sec. 148.222 of this part are concluded, MARAD, in consultation with the Commandant (CG-5P), will consider whether there are one or more specific and material factual issues that may be resolved by a formal evidentiary hearing. If it is determined that a formal

      Page 19149

      evidentiary hearing is necessary, the hearing will be conducted in accordance with 5 U.S.C. 554, in accordance with procedures prescribed by MARAD.

      Sec. Sec. 148.230, 148.232, 148.234, 148.236, 148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and 148.256 Removed and Reserved

      0

      15. Remove and reserve Sec. Sec. 148.230 148.232, 148.234, 148.236, 148.238, 148.240, 148.242, 148.244, 148.246, 148.248, 148.250, 148.252, 148.254, and 148.256.

      0

      16. Revise Sec. 148.276 to read as follows:

      Sec. 148.276 What is the timeline for approving or denying an application?

      (a) In 33 U.S.C. 1504, the Act provides strict timelines for action on a license application, which, if closely observed, can lead to action in just under 1 year. The Coast Guard, with the concurrence of MARAD, may suspend the timeline if an applicant fails to provide timely information or requests additional time to comply with a request, as described in Sec. 148.107 of this part.

      (b) The timeline for action on a license application includes publishing a notice of application. A notice of application is published after it has been determined that the application contains sufficient material for processing the application. The Coast Guard and MARAD must conduct a public hearing in each Adjacent Coastal State within 240 days of publishing the notice.

      (c) After the final environmental impact statement is published, MARAD will hold a final public hearing in each Adjacent Coastal State. MARAD issues a Record of Decision (ROD) approving or denying a license application within 90 days after the final public hearing. Actual issuance of a license may not take place until certain conditions imposed by the ROD have been met. Those conditions may include how the applicant must address design, construction, installation, testing, operations, and decommissioning of the deepwater port, or meet the requirements of other agencies.

      0

      17. Amend Sec. 148.277 by adding paragraph (d) to read as follows:

      Sec. 148.277 How may Federal agencies and States participate in the application process?

      * * * * *

      (d) Approvals or disapprovals of the application from the governors of Adjacent Coastal States will be accepted by MARAD only within the 45-day period after the close of the final public hearing on the application, and not before the final public hearing. If the governor fails to transmit his or her approval or disapproval to MARAD not later than 45 days after the last public hearing, such approval will be conclusively presumed.

      Sec. 148.281 Amended

      0

      18. Amend Sec. 148.281(b)(1) by removing the letter ``G'' after the word ``subpart'' and adding, in its place, the letter ``H''.

      0

      19. Revise Sec. 148.283 to read as follows:

      Sec. 148.283 When may the application process be stopped and an application be treated as withdrawn?

      (a) The Commandant (CG-5P) may recommend to MARAD that an application be treated as withdrawn before the application is approved or denied if--

      (1) The application is withdrawn before MARAD approves it; or

      (2) The application is incomplete, and the applicant does not respond to a request by the Commandant (CG-5P) for further information, as per Sec. 148.107 of this part.

      (b) The Commandant (CG-5P) and MARAD will provide joint written notice to the applicant of an action taken under this section.

      Sec. 148.405 Amended

      0

      20. Amend Sec. 148.405(c)(2) as follows:

      0

    29. After the word ``limits'', remove the symbol ``,''; and

      0

    30. After the word ``explosives'', add the words ``, per the applicable guidance for geological and geophysical surveys prescribed by the Bureau of Ocean Energy Management (BOEM)''.

      Subpart G--Redesignated as Subpart H

      0

      21. Redesignate subpart G, consisting of Sec. Sec. 148.700 through 148.737, as subpart H.

      0

      22. Add new subpart G entitled ``Subpart G--Oil Pollution Act of 1990 Limits of Liability for Deepwater Ports'' and move Sec. Sec. 148.600 and 148.605 from subpart F to new subpart G and revise them to read as follows:

      Subpart G--Oil Pollution Act of 1990 Limits of Liability for Deepwater Ports

      Sec. 148.600 Where can I find the Oil Pollution Act of 1990 (OPA 90) limits of financial liability for deepwater ports?

      The OPA 90 limits of liability for deepwater ports are set forth in 33 CFR 138.230(b). The limits of liability in that section are adjusted periodically for significant increases in the Consumer Price Index, in accordance with 33 U.S.C. 2704(d)(4) and the procedures in 33 CFR 138.240. The limits of liability may also be adjusted under 33 U.S.C. 2704(d)(2) and the procedures in Sec. 148.605 of this subpart.

      Sec. 148.605 What are the procedures under OPA 90 for adjusting a deepwater port's limit of liability under 33 U.S.C. 2704(d)(2)?

      (a) Upon an applicant's or licensee's request, the Coast Guard may lower the generally applicable OPA 90 limit of liability for deepwater ports in 33 CFR 138.230(b)(1). The Coast Guard may do so under 33 U.S.C. 2704(d)(2) on a port by-port-basis, after evaluating a spill risk analysis and an economic analysis. Adjustments to a deepwater port's limit of liability are established by a rulemaking that allows for public notice and comment, and if approved, will be codified at 33 CFR 138.230(b)(2).

      (b) The limit of liability of a deepwater port will not be reduced to less than $50 million, and may be increased following a reduction, as the Coast Guard deems appropriate, if the design, construction, or operation of the deepwater port changes, or if oil spill incidents related to the deepwater port, or to deepwater ports generally, indicate that a higher limit is needed.

      (c) Requests to adjust the limit of liability for a deepwater port under this subpart must be submitted to the Commandant (CG-5P). Requests to adjust the limits of liability may be submitted with a license application or upon receipt of a license from MARAD to construct and operate the proposed deepwater port. If the request for adjustment is submitted with the license application, no action will be taken on the request until MARAD issues a license to construct and operate the proposed deepwater port.

      (d) Requests to adjust the limit of liability under this subpart must include a risk analysis of the deepwater port to determine its maximum probable oil discharge and an economic analysis to determine the OPA 90 responsible party removal costs and OPA 90 removal costs and damages for which the responsible party is liable under 33 U.S.C. 2702 that could result from such a spill.

      (1) The risk analysis must, as applicable, consider the following factors:

      (i) Deepwater port oil handling, storage, transfer, and transportation capacity and practices.

      (ii) Type of oil handled.

      (iii) Physical layout and condition of the deepwater port.

      (iv) On-site oil spill response capability.

      (v) Oil spill history of the deepwater port.

      (vi) The pipeline oil leak detection system.

      Page 19150

      (vii) Section-by-section pipeline analysis of credible oil spill scenarios.

      (viii) Other oil spills for which the deepwater port might be solely or jointly liable (such as tanker spills).

      (2) The economic analysis must, as applicable, consider the following factors for the maximum credible spill:

      (i) Spill trajectories.

      (ii) Potential responsible party removal costs.

      (iii) Potential removal costs and damages for which the responsible party is liable under 33 U.S.C. 2702.

      Subpart H--Environmental Review Criteria for Deepwater Ports

      0

      23. Amend Sec. 148.707 as follows:

      0

    31. Revise the section heading and paragraph (b) introductory text;

      0

    32. In paragraph (b)(1)(i), before the word ``endangered'', add the words ``threatened and'', and after the word ``species'', add the words ``and critical habitats'';

      0

    33. In paragraph (b)(1)(iii), remove the word ``sanctuaries'' and add, in its place, the words ``protected areas'';

      0

    34. In paragraph (b)(1)(vii), remove the word ``and'';

      0

    35. In paragraph (b)(1)(viii), remove the symbol ``.'', and add, in its place, the symbol ``;''; and

      0

    36. Add paragraphs (b)(1)(ix) and (x).

      The revisions and additions read as follows:

      Sec. 148.707 What type of criteria will be used in an environmental evaluation and how will they be applied?

      * * * * *

      (b) The environmental evaluation will be applied to the phases of construction, operation, and decommissioning of the proposed action and alternatives. Alternatives must consider alternate siting of the deepwater port as well as different technologies and pipeline routes. The evaluation will assess:

      (1) * * *

      (ix) Marine, coastal, and migratory birds; and

      (x) Marine mammals and fisheries.

      * * * * *

      Sec. 148.715 Amended

      0

      24. Amend Sec. 148.715 as follows:

      0

    37. In the introductory text, remove the word ``reasonable'' and add, in its place, the words ``a reasonable range of'';

      0

    38. In paragraph (a), after the word ``assessment'' and before the comma, add the words ``including, but not limited to, geographic relevance, age of data used (generally no more than 5 years at the time of submission) and methods of data analysis''; and

      0

    39. In paragraph (a), remove the text ``; and'' and add, in its place a period.

      Sec. 148.720 Amended

      0

      25. Amend Sec. 148.720(k) by adding the words ``, but not limited to,'' after the word ``including''.

      Sec. 148.725 Amended

      0

      26. Amend Sec. 148.725 introductory text by removing the word ``reasonable'' and adding, in its place, the words ``a reasonable range of''.

      Sec. 148.730 Amended

      0

      27. Amend Sec. 148.730 as follows:

      0

    40. In the introductory text, remove the word ``reasonable'' and add, in its place, the words ``a reasonable range of''; and

      0

    41. In paragraph (a), remove the words ``from appropriate State agencies for any designated Adjacent Coastal State'' and add, in its place, the words ``described in Sec. 148.105(j) of this part''.

      Sec. 148.735 Amended

      0

      28. Amend Sec. 148.735 introductory text by removing the word ``reasonable'' and adding, in its place, the words ``a reasonable range of''.

      0

      29. Revise Sec. 148.737 to read as follows:

      Sec. 148.737 What environmental statutes must an applicant follow?

      In constructing and operating a deepwater port, the deepwater port must comply with all applicable Federal, State, and tribal environmental statutes and Executive Orders (E.O.s). For the purposes of information only, a non-exhaustive list of Federal environmental statutes and E.O.s is available online via a Coast Guard Web site: http://www.uscg.mil/hq/cg5/cg522/cg5225/.

      PART 149--DEEPWATER PORTS: DESIGN, CONSTRUCTION, AND EQUIPMENT

      0

      30. The authority citation for part 149 continues to read as follows:

      Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).

      Sec. Sec. 149.306-149.315 Removed and Reserved

      0

      31. Remove and reserve Sec. Sec. 149.306 through 149.315.

      Sec. Sec. 149.100-149.700 Redesignated

      0

      32. Redesignate Sec. Sec. 149.100 through 149.700 as shown in the following table:

      ------------------------------------------------------------------------

      Old section, old subpart New section, new subpart

      ------------------------------------------------------------------------

      149.100, B 149.100, C

      149.103, B 149.105, C

      149.105, B 149.110, C

      149.110, B 149.115, C

      149.115, B 149.120, C

      149.120, B 149.125, C

      149.125, B 149.130, C

      149.130, B 149.135, C

      149.135, B 149.140, C

      149.140, B 149.64, B

      149.145, B 149.150, C

      149.300, C 149.200, D

      149.301, C 149.201, D

      149.302, C 149.202, D

      149.303, C 149.203, D

      149.304, C 149.204, D

      149.305, C 149.205, D

      149.316, C 149.207, D

      149.317, C 149.208, D

      149.318, C 149.209, D

      149.319, C 149.210, D

      149.320, C 149.211, D

      149.321, C 149.212, D

      149.322, C 149.213, D

      149.323, C 149.214, D

      149.324, C 149.215, D

      149.325, C 149.216, D

      149.326, C 149.217, D

      149.327, C 149.218, D

      149.328, C 149.219, D

      149.329, C 149.220, D

      149.330, C 149.221, D

      149.331, C 149.222, D

      149.332, C 149.223, D

      149.333, C 149.224, D

      149.334, C 149.225, D

      149.335, C 149.226, D

      149.336, C 149.227, D

      149.337, C 149.228, D

      149.338, C 149.229, D

      149.339, C 149.230, D

      149.340, C 149.231, D

      149.400, D 149.300, E

      149.401, D 149.301, E

      149.402, D 149.302, E

      149.403, D 149.303, E

      149.404, D 149.304, E

      149.405, D 149.305, E

      149.406, D 149.306, E

      149.407, D 149.307, E

      149.408, D 149.308, E

      149.409, D 149.309, E

      149.410, D 149.310, E

      149.411, D 149.311, E

      149.412, D 149.312, E

      149.413, D 149.313, E

      149.414, D 149.314, E

      149.415, D 149.315, E

      149.416, D 149.316, E

      149.417, D 149.317, E

      149.418, D 149.318, E

      149.419, D 149.319, E

      149.420, D 149.320, E

      149.421, D 149.321, E

      149.500, E 149.400, F

      149.505, E 149.405, F

      149.510, E 149.410, F

      149.520, E 149.420, F

      149.535, E 149.435, F

      149.540, E 149.440, F

      149.550, E 149.450, F

      149.560, E 149.460, F

      149.565, E 149.465, F

      149.570, E 149.470, F

      149.575, E 149.475, F

      149.580, E 149.480, F

      149.585, E 149.485, F

      149.600, F 149.50, B

      Page 19151

      149.610, F 149.20, A

      149.615, F 149.51, B

      149.620, F 149.53, B

      149.625, F 149.52, B

      149.640, F 149.60, B

      149.641, F 149.61, B

      149.655, F 149.62, B

      149.660, F 149.63, B

      149.665, F 149.65, B

      149.670, F 149.66, B

      149.675, F 149.67, B

      149.680, F 149.68, B

      149.685, F 149.69, B

      149.690, F 149.70, B

      149.691, F 149.71, B

      149.692, F 149.72, B

      149.693, F 149.73, B

      149.694, F 149.74, B

      149.695, F 149.75, B

      149.696, F 149.76, B

      149.697, F 149.77, B

      149.700, F 149.78, B

      ------------------------------------------------------------------------

      0

      33. Revise Sec. 149.5 to read as follows:

      Sec. 149.5 What definitions apply to this part?

      Definitions applicable to this part appear in 33 CFR 148.5.

      Sec. 149.15 Removed and Reserved

      0

      34. Remove and reserve Sec. 149.15.

      Sec. 149.20 Amended

      0

      35. In newly redesignated Sec. 149.20, paragraph (a), after the text ``(SPM)'', add the words ``, or submerged turret loading (STL) buoy''.

      0

      36. Revise the heading of subpart B to read as follows:

      Subpart B--Design, Construction, Operations, and Equipment

      Sec. 149.50 Amended

      0

      37. Amend newly redesignated Sec. 149.50 by adding the words ``the design, construction, operations, and'' after the words ``requirements for'', and by removing the words ``and design'' after the word ``equipment''.

      Sec. 149.51 Amended

      0

      38. Amend newly redesignated Sec. 149.51(b) by adding the words ``in the U.S., or an engineer possessing equivalent qualifications in a foreign country as approved by the Commandant (CG-5P),'' after the words ``professional engineer''.

      0

      39. Amend newly redesignated Sec. 149.52 as follows:

      0

    42. In paragraph (b), after the text ``(CG-5P)'' add the words ``or the accepted certifying entity''; and

      0

    43. Add paragraph (d).

      The addition reads as follows:

      Sec. 149.52 What are the design standards?

      * * * * *

      (d) The appropriateness of the design of a deepwater port, or its components, may be shown by its compliance with standards generally used within the offshore industry that are at least equivalent to rules established by any recognized classification society as defined in 46 CFR 8.100. Based on the design, complexity, and location of a deepwater port, the Commandant (CG-5P) will determine, in coordination with the applicant or licensee, as appropriate, the components to be included in classification society certification or classification certificate. This coordination should start early in the process, especially in the case of manned fixed or floating structures.

      0

      40. Add Sec. 149.54 to read as follows:

      Sec. 149.54 What is the process for submitting alterations and modifications affecting the design, construction, and operations of a deepwater port?

      (a) Alterations and modifications affecting the design and construction of a deepwater port must be submitted to the Commandant (CG-5P) for review and approval if--

      (1) A license has not yet been issued; or

      (2) A license has been issued but the deepwater port has not commenced operations; or

      (3) The alterations and modifications are deemed a major conversion; or

      (4) The alterations or modifications substantially change the manner in which the deepwater port operates or are not in accordance with a condition of the license.

      (b) All other alterations and modifications to the deepwater port must be submitted to the Sector Commander, or MSU Commander with COTP and OCMI authority for review and approval.

      (c) Approval for alterations and modifications proposed after a license has been issued will be contingent upon whether the proposed changes will affect the way the deepwater port operates, or any conditions imposed in the license.

      (d) The licensee is not authorized to proceed with alterations prior to approval from the Commandant (CG-5P) for the conditions outlined in paragraph (a) and for approval by the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority as required in paragraph (b) of this section.

      (e) During the review and approval process of a proposed alteration or modification, the Commandant (CG-5P) may consult with the Marine Safety Center and cooperating Federal agencies possessing relevant technical expertise.

      0

      41. Add Sec. 149.57 to read as follows:

      Sec. 149.57 What is the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation?

      (a) The Coast Guard is responsible for ensuring that all aspects of a deepwater port are in compliance with appropriate standards and requirements. The Coast Guard review of a proposed deepwater port ends at, and includes, the last downstream valve of the pipeline end manifold (PLEM) for each single point mooring-oil transfer system (SPM-

      OTS) or single point mooring-natural gas transfer system (SPM-NGTS) (last downstream valve prior to connecting to a pipeline). The main gas transmission lines to shore or to offshore pipeline infrastructure, and the flowlines or gathering lines connecting multiple SPM-OTSs or SPM-

      NGTSs, fall under the jurisdiction of PHMSA.

      (b) The Commandant (CG-5P) will coordinate the review and approval for operations for the Coast Guard and other Federal and State agencies as necessary.

      (c) Depending on project complexity, construction, and installation timing, the Commandant (CG-5P) will determine, with input from the licensee, when the review process should be initiated and when the certifying entity (CE), if used, should be nominated, approved and engaged. The CE may also be the classification society being used as described in 33 CFR 149.52(d).

      (d) Final approval to commence commissioning and operations of the deepwater port will come from the Commandant (CG-5P). This approval may contain additional conditions that must be satisfied once the deepwater port is operational. Once Commandant (CG-5P) has granted the deepwater port clearance to operate, the Sector Commander, or MSU Commander with COTP and OCMI authority will exercise day to day oversight.

      0

      42. Add Sec. 149.58 to read as follows:

      Sec. 149.58 What is the role of the certifying entity in the review and approval process for the design, construction, and commissioning for Deepwater Ports for operation?

      (a) A certifying entity (CE), contracted by the licensee but under the direction of and acting for the Coast Guard, may assist in the review and verification of each phase (i.e., the design, construction, and operations) of a deepwater port. If a CE is used, the CE's review must include a recommendation to the Commandant (CG-5P) on the sufficiency of a deepwater port's design basis and selected drawings, plans, or analysis and procedure. Review for each phase may require on-

      site inspections at

      Page 19152

      fabrication locations and during construction and installation. The Commandant (CG-5P) is the final approval authority for the deepwater port's design, construction, and commissioning.

      (1) Design phase, including the design basis. The design basis must identify all baseline design standards, regulations, rules and/or codes, and key parameters to be used to design each structure, system, or component of the deepwater port.

      (2) Construction phase, including fabrication, installation, and commissioning.

      (3) Operational phase, including maintenance and inspection procedures and long-term support from commencement of operations to decommissioning of the deepwater port.

      (b) The licensee must provide to the Commandant (CG-5P), and to a CE, if used, the design basis and lists of drawings, plans, calculations, analyses, procedures, and correspondence as determined in the review.

      (c) If a CE is used, key responsibilities for the CE include, but are not limited to--

      (1) Recommendation of approval, disapproval, or approval with proposed changes of the applicant's design basis;

      (2) Development of an action plan for each phase;

      (3) Providing selected drawings and plan reviews;

      (4) Inspections and oversight;

      (5) Interim reports and recommendations; and

      (6) A final report and recommendation for Coast Guard approval or disapproval.

      (d) The CE may also be used to assist in the review of such areas as--

      (1) A maintenance and inspection program;

      (2) System safety, including interoperability, reliability, safety integrity levels, and LNG carrier compatibility;

      (3) Specific, higher-risk components and operations; and

      (4) Pipeline design, installation and operations manual (The applicant must coordinate the review and approval of the pipeline appendix to the operations manual with PHMSA).

      (e) At the option of the licensee, the CE may continue to support the review and approval process for a deepwater port through to its decommissioning.

      Sec. 149.63 Amended

      0

      43. Amend newly redesignated Sec. 149.63(a) introductory text by removing the words ``pumping platform complex'' and adding, in their place, the words ``manned deepwater port''.

      Sec. 149.64 Amended

      0

      44. Amend newly redesignated Sec. 149.64(b) by removing the symbol ``,'' after the word ``side'' and adding, in its place, the words ``facilities, vessels approaching the safety zone,''.

      Sec. 149.65 Amended

      0

      45. In newly redesignated Sec. 149.65, wherever they appear, remove the words ``pumping platform complex'' and add, in their place, the words ``manned deepwater port''.

      Sec. 149.66 Amended

      0

      46. In newly redesignated Sec. 149.66, paragraph (b), remove the text ``Sec. 149.665'' and add, in its place, the text ``Sec. 149.65''.

      Sec. 149.67 Amended

      0

      47. Amend newly redesignated Sec. 149.67(a) as follows:

      0

    44. Remove the words ``For a'' and add, in their place, the word ``Each'';

      0

    45. Remove the words ``, each pumping platform complex''; and

      0

    46. After the words ``on the'', remove the word ``complex'' and add, in its place, the words ``deepwater port''.

      Sec. 149.68 Amended

      0

      48. Amend newly redesignated Sec. 149.68 by adding the word ``manned'' before the word ``deepwater'' in the introductory text.

      Sec. 149.70 Amended

      0

      49. Amend newly redesignated Sec. 149.70 by removing the word ``outlined'' and adding, in its place, the word ``specified'', and by removing the text ``Sec. Sec. 149.691 through 149.699'' and adding, in its place, the text ``Sec. Sec. 149.71 through 149.77''.

      Sec. 149.77 Amended

      0

      50. Amend newly redesignated Sec. 149.77(a) by removing the word ``owner's'' and adding, in its place, the word ``operator's''.

      0

      51. Revise the heading for subpart C to read as follows:

      Subpart C--Pollution Prevention Equipment

      Sec. 149.115 Amended

      0

      52. In newly redesignated Sec. 149.115, remove the words ``from the pumping platform complex'' and add, in their place, the word ``remotely''.

      Sec. 149.130 Amended

      0

      53. Amend newly redesignated Sec. 149.130(a) by removing the words ``a pumping platform complex'' and adding, in their place, the words ``the marine transfer area of a deepwater port''.

      Sec. 149.135 Amended

      0

      54. Amend newly redesignated Sec. 149.135 as follows:

      0

    47. In paragraph (b) introductory text, after the word ``alarm'', add the words ``described in paragraph (a) of this section'';

      0

    48. In paragraph (b)(1), remove the words ``pumping platform complex'' and add, in their place, the words ``marine transfer area of a deepwater port''; and

      0

    49. In paragraph (b)(2), remove the words ``pumping platform complex'' and add, in their place, the words ``marine transfer area of a deepwater port'', and before the word ``under'', add the word ``described''.

      Sec. 149.150 Amended

      0

      55. Amend newly redesignated Sec. 149.150 by removing the words ``pumping platform complex'' and adding, in their place, the words ``manned deepwater port''.

      0

      56. Revise the heading for subpart D to read as follows:

      Subpart D--Lifesaving Equipment

      Sec. 149.203 Amended

      0

      57. Amend newly redesignated Sec. 149.203 as follows:

      0

    50. In paragraph (a)(1), remove the text ``Sec. 149.306'' and add, in its place, the text ``Sec. 149.206'';

      0

    51. In paragraph (a)(2), remove the text ``Sec. 149.308'' and add, in its place, the text ``Sec. 149.208''; and

      0

    52. In paragraph (b), remove the text ``Sec. 149.314'' and add, in its place, the text ``Sec. 149.206''.

      Sec. 149.204 Amended

      0

      58. Amend newly redesignated Sec. 149.204 as follows:

      0

    53. In paragraph (a), in the introductory text, remove the text ``Sec. 149.305'' and add, in its place, the text ``Sec. 149.205'';

      0

    54. In paragraph (a)(4), remove the text ``Sec. 149.305'' and add, in its place, the text ``Sec. 149.205''; and

      0

    55. In paragraph (a)(5), remove the text ``Sec. 149.314'' and add, in its place, the text ``Sec. 149.206''.

      Sec. 149.205 Amended

      0

      59. Amend newly redesignated Sec. 149.205 as follows:

      0

    56. In paragraph (a), remove the text ``Sec. 149.304'' and add, in its place, the text ``Sec. 149.204''; and

      0

    57. In paragraph (b), remove the text ``Sec. 149.308'' and add, in its place, the text ``Sec. 149.208''.

      0

      60. Add Sec. 149.206 to read as follows:

      Sec. 149.206 What are the requirements for survival craft and rescue boats?

      Survival craft and rescue boats must satisfy the requirements of 46 CFR

      Page 19153

      108.520-108.575, except as described in paragraphs (a) through (g) of this section.

      (a) Except for boathooks, the survival equipment required by 46 CFR 108.575(b) must be securely stowed in the lifeboat.

      (b) Each lifeboat must have a list of the survival equipment it is required to carry. The list must be posted in the lifeboat.

      (c) Except as provided in Sec. 149.205(b) of this part, each inflatable or rigid liferaft, boarded from a deck that is more than 4.5 meters (14.75 feet) above the water, must be davit-launched or served by a marine evacuation system approved under approval series 160.175.

      (d) The launching equipment must be arranged so that a loaded liferaft does not have to be lifted before it is lowered.

      (e) Not more than two liferafts may be launched from the same set of launching equipment.

      (f) The operator must arrange survival craft so that they are--

      (1) Readily accessible in an emergency;

      (2) Accessible for inspection, maintenance, and testing;

      (3) In locations clear of overboard discharge piping or openings, and of obstructions below; and

      (4) Located so that survival craft with an aggregate capacity to accommodate all persons authorized to be berthed are readily accessible from the personnel berthing area.

      (g) The operator may use an onboard crane to launch a rescue boat if the crane's launching system meets the requirements of this section.

      Sec. 149.209 Amended

      0

      61. Amend newly redesignated Sec. 149.209 by removing the text ``Sec. 149.316'' and adding, in its place, the text ``Sec. 149.207''.

      Sec. 149.210 Amended

      0

      62. Amend newly redesignated Sec. 149.210 by removing the text ``Sec. 149.317'' and adding, in its place, the text ``Sec. 149.208''.

      Sec. 149.216 Amended

      0

      63. In newly redesignated Sec. 149.216, remove the text ``Sec. 149.140'' and add, in its place, the text ``Sec. 149.64''.

      Sec. 149.221 Amended

      0

      64. In newly redesignated Sec. 149.221(a), remove the text ``Sec. 149.326'' and add, in its place, the text ``Sec. 149.217''.

      Sec. 149.227 Amended

      0

      65. Amend newly redesignated Sec. 149.227(a) by removing the text ``Sec. 149.316'' and adding, in its place, the text ``Sec. 149.217''.

      Sec. 149.228 Amended

      0

      66. Amend newly redesignated Sec. 149.228(a) by removing the text ``Sec. 149.320'' and adding, in its place, the text ``Sec. 149.211''.

      0

      67. Revise the heading for subpart E to read as follows:

      Subpart E--Firefighting and Fire Protection Equipment

      0

      68. Revise newly redesignated Sec. 149.302 to read as follows:

      Sec. 149.302 What firefighting and fire protection equipment must be approved by the Coast Guard?

      Unless approval from the Sector Commander, or MSU Commander with COTP and OCMI authority, is requested and granted pursuant to Sec. 149.303 of this part and as permitted under Sec. 149.303, Sec. 149.315(c) or (d), Sec. 149.319(a)(1), or Sec. 149.320 of this part, all required firefighting and fire protection equipment on a deepwater port must be approved by the Commandant (CG-ENG). Firefighting and fire protection equipment that exceeds required equipment must also be approved by the Commandant (CG-ENG).

      0

      69. Revise the section heading for newly redesignated Sec. 149.303 to read as follows:

      Sec. 149.303 How may the operator request the use of alternate or supplemental firefighting and fire prevention equipment or procedures?

      * * * * *

      0

      70. Amend newly redesignated Sec. 149.304 as follows:

      0

    58. Revise the section heading; and

      0

    59. Remove the text ``Sec. 149.403'' and add, in its place, the text ``Sec. 149.303''. The revision reads as follows:

      Sec. 149.304 Can the operator use firefighting equipment that has no Coast Guard standards?

      * * * * *

      Sec. 149.305 Amended

      0

      71. Amend newly redesignated Sec. 149.305 by removing the text ``149.405'' wherever it appears, and adding, in each place, the text ``149.305''.

      Sec. 149.307 Amended

      0

      72. Amend newly redesignated Sec. 149.307 as follows:

      0

    60. In paragraph (a), remove the text ``Sec. 149.409'' and add, in its place, the text ``Sec. 149.309''; and

      0

    61. In paragraph (b), remove the text ``Sec. 149.409'' and add, in its place, the text ``Sec. 149.309''.

      Sec. 149.309 Amended

      0

      73. Amend newly redesignated Sec. 149.309 by removing the text ``149.409'' wherever it appears, and adding, in each place, the text ``149.309''.

      Sec. 149.310 Amended

      0

      74. In newly redesignated Sec. 149.310, remove the text ``149.409'' and add, in its place, the text ``149.309''.

      Sec. 149.315 Amended

      0

      75. Amend newly redesignated Sec. 149.315(a) by removing the words ``pumping platform complex'' and adding, in their place, the words ``manned deepwater port''.

      Sec. 149.317 Amended

      0

      76. In newly redesignated Sec. 149.317(b), remove the text ``149.409'' and add, in its place, the text ``149.309''.

      Sec. 149.318 Amended

      0

      77. In newly redesignated Sec. 149.318, remove the text ``149.409'' and add, in its place, the text ``149.309''.

      Sec. 149.319 Amended

      0

      78. Amend newly redesignated Sec. 149.319 as follows:

      0

    62. In paragraph (a) introductory text, remove the text ``Sec. 149.420'' and add, in its place, the text ``Sec. 149.320'' and remove the text ``Sec. 149.421'' and add, in its place, the text ``Sec. 149.321''; and

      0

    63. In paragraph (a)(2), remove the text ``Sec. 149.415'' and add, in its place, the text ``Sec. 149.315''.

      0

      79. Revise the heading for subpart F to read as follows:

      Subpart F--Aids to Navigation

      Sec. 149.405 Amended

      0

      80. In newly redesignated Sec. 149.405(a), remove the text ``Sec. 149.510'' and add, in its place, the text ``Sec. 149.410''.

      Sec. 149.410 Amended

      0

      81. In newly redesignated Sec. 149.410(a), remove the text ``Commandant (CG-5P)'' and add, in its place, the words ``Coast Guard District Commander in the area where the deepwater port will be built''.

      Sec. 149.470 Amended

      0

      82. In newly redesignated Sec. 149.470(c), remove the text ``Sec. 149.540'' and add, in its place, the text ``Sec. 149.440''.

      Sec. 149.480 Amended

      0

      83. In newly redesignated Sec. 149.480(a), remove the words ``of a pumping platform complex''.

      Page 19154

      Sec. 149.485 Amended

      0

      84. In redesignated Sec. 149.485(a), remove the words ``pumping platform complex'' and add, in their place, the words ``deepwater port''.

      Sec. 149.650 Removed

      0

      85. Remove Sec. 149.650.

      PART 150--DEEPWATER PORTS: OPERATIONS

      0

      86. The authority citation for part 150 continues to read as follows:

      Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), (m)(2); 33 U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 68 FR 10619; Department of Homeland Security Delegation No. 0170.1(70), (73), (75), (80).

      0

      87. Amend Sec. 150.10 by revising paragraphs (b), (c), (d), and (e) to read as follows:

      Sec. 150.10 What are the general requirements for operations manuals?

      * * * * *

      (b) The operations manual is reviewed and approved by the Commandant (CG-5P), in coordination with the local Sector Commander, or MSU Commander, with COTP and OCMI authority, as meeting the requirements of the Act and this subchapter.

      (c) The manual must be readily available on the deepwater port for use by personnel.

      (d) The licensee must ensure that all personnel are trained and follow the procedures in the manual while at the deepwater port.

      (e) Every 5 years from the date of approval of the operations manual (unless a longer timeframe is approved by the Commandant (CG-

      5P)), a deepwater port operator must re-submit the operations manual to the Commandant (CG-5P) to be re-reviewed and re-approved.

      0

      88. Amend Sec. 150.15 as follows:

      0

    64. In paragraph (c), after the word ``including'', add the words ``, but not limited to,'';

      0

    65. In paragraphs (d) introductory text, (m) introductory text, and in newly redesignated paragraph (q) introductory text, after the word ``including'', add the words ``, but not limited to'';

      0

    66. In paragraphs (i) introductory text, (i)(4), after the word ``including'', add the words ``, but not limited to,'';

      0

    67. In paragraph (i)(4)(vii), remove the words ``a safety zone, area to be avoided, and anchorage area'' and add, in their place, the words ``zones and areas described under subpart J of this part'';

      0

    68. In paragraphs (i)(7), (l) introductory text, and (l)(1)(iii), after the word ``including'', add the words ``, but not limited to,'';

      0

    69. In paragraph (l)(2)(iii), remove the word ``to'' and add, in its place, the words ``, but not limited to,'';

      0

    70. In paragraph (l)(4), after the word ``including'', add the words ``, but not limited to,'';

      0

    71. In paragraphs (m) introductory text, and in newly redesignated paragraph (q) introductory text, after the word ``including'', add the words ``, but not limited to'';

      0

    72. Redesignate paragraphs (o) through (aa) as (p) through (bb), respectively;

      0

    73. Add new paragraph (o);

      0

    74. In newly redesignated paragraphs (s), (u)(3), and (x)(2)(iii), after the word ``including'', add the words ``, but not limited to,'';

      0

    75. Revise newly redesignated paragraphs (y) and (bb); and

      0

    76. Add paragraph (cc);

      The additions and revisions read as follows:

      Sec. 150.15 What must the operations manual include?

      * * * * *

      (o) A certificate of adequacy (COA) that certifies a deepwater port meets the requirements for reception facilities as required under 33 CFR part 158, or a waiver of a COA.

      * * * * *

      (y) Security procedures--(1) Security plan. Deepwater port operators must develop a deepwater port security plan comparable, at a minimum, to those required by 33 CFR part 106. The plan must address at least:

      (i) Access controls for goods and materials and access controls for personnel that require positive and verifiable identification;

      (ii) Monitoring and alerting of vessels that approach or enter the deepwater port's security zone;

      (iii) Risk identification and procedures for detecting and deterring terrorist or subversive activity, such as security lighting and remotely-alarmed restricted areas;

      (iv) Internal and external notification and response requirements in the event of a perceived threat or an attack on the deepwater port;

      (v) Designation of the deepwater port security officer (DPSO);

      (vi) Required security training and drills for all personnel; and

      (vii) The scalability of actions and procedures for the various levels of threat.

      (2) Audits. (i) The DPSO must ensure an audit of the deepwater port security plan is performed annually, beginning no later than one year from the initial date of approval and attach a letter to the deepwater port security plan certifying that the deepwater port security plan meets the applicable requirements of this part. The results of this audit must be included as an attachment to the annual self-inspection report to the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority as outlined in Sec. 150.105 of this part.

      (ii) If there is a change in ownership or operations of the deepwater port, or if there have been modifications to the deepwater port, the deepwater port security plan must be audited including but not limited to physical structure, emergency response procedures, security measures, or operations.

      (iii) Auditing the deepwater port security plan, as a result of modifications to the deepwater port, may be limited to those sections of the deepwater port security plan affected by the deepwater port modifications.

      (iv) Unless impracticable due to the size and nature of the company or the deepwater port, personnel conducting internal audits of the security measures specified in the deepwater port security plan or evaluating its implementation must--

      (A) Have knowledge of methods of conducting audits and inspections, and control and monitoring techniques;

      (B) Not have regularly assigned security duties; and

      (C) Be independent of any security measures being audited.

      (v) If the results of an audit require an amendment of the deepwater port security plan, the DPSO must submit the proposed amendment to the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority, with copy to the Commandant (CG-5P), for review and approval no later than 30 days after completion of the audit.

      (3) Review. The Sector Commander, or MSU Commander with COTP and OCMI authority, will normally perform an annual security inspection to verify the findings in the audit. The Sector Commander, or MSU Commander with COTP and OCMI authority, will perform a more detailed deepwater port security plan review at prescribed 5-year intervals following initial approval of the deepwater port security plan and will include onsite inspection of personnel assignments and qualifications, observance of security drills, and other security exercises as necessary.

      * * * * *

      (bb) Environmental procedures. A prevention, monitoring, and mitigation program (PMMP) that provides procedures to prevent, minimize, or mitigate adverse environmental effects

      Page 19155

      resulting from the construction, operation, and decommissioning of the deepwater port. This must include both routine scheduled maintenance activities as well as unscheduled maintenance activities.

      (1) Environmental monitoring program. The PMMP must include a detailed environmental monitoring program plan. It must be performance-

      based, and include provisions for incorporating recommendations for adaptive management based upon analysis of data obtained from monitoring studies. The PMMP must also include provisions for periodic re-examination of the physical, chemical, and biological factors investigated during the baseline surveys contained in the licensee's deepwater port license application.

      (i) Monitoring must commence shortly before project construction in the vicinity of the construction sites and other potentially impacted areas and continue throughout the construction phase.

      (ii) During project operations, a continuous monitoring program designed to ensure coverage of seasonal variations must be undertaken.

      (2) Review. Every 5 years (unless a longer timeframe is approved by the Commandant (CG-5P)), to coincide with the periodic review of the deepwater port's operations manual, the licensee must conduct a thorough re-examination of the physical, chemical, and biological factors contained in the deepwater port's environmental evaluation.

      (i) The re-examination must include, but not be limited to, a detailed analysis of the results of the environmental monitoring program to identify trends and impacts that result from the deepwater port's operations.

      (ii) The re-examination must be submitted for review and approval to the Commandant (CG-5P) and MARAD not later than 60 days before the 5 year period ends.

      (cc) Procedural manual for operations, maintenance, and emergencies of the deepwater port pipelines. This manual must meet the requirements of PHMSA regulations 49 CFR 192.605 and other applicable parts of 49 CFR 190 through 199.

      0

      89. Amend Sec. 150.25 as follows:

      0

    77. Revise the section heading;

      0

    78. Redesignate paragraphs (d), (e), and (f) as paragraphs (c)(2), (d), and (e), respectively;

      0

    79. Revise newly redesignated paragraph (c)(2);

      0

    80. Add paragraph (c)(1);

      0

    81. Revise newly redesignated paragraph (e);

      0

    82. Add new paragraph (f); and

      The revisions and addition read as follows:

      Sec. 150.25 When will the Coast Guard require amendments to the operations manual?

      * * * * *

      (c) * * *

      (1) If the Sector Commander, or MSU Commander with COTP and OCMI authority determines that the proposed amendments are inadequate, the Sector Commander, or MSU Commander with COTP and OCMI authority, will return them to the licensee for revision.

      (2) If the Sector Commander, or MSU Commander with COTP and OCMI authority, decides that a proposed amendment is adequate, the amendment will go into effect 60 days after the Sector Commander, or MSU Commander with COTP and OCMI authority, notifies the licensee, with copy to the Commandant (CG-5P). The Commandant (CG-5P) will notify MARAD, and PHMSA as appropriate, prior to a significant amendment going into effect.

      * * * * *

      (e) If the Sector Commander, or MSU Commander with COTP and OCMI authority, finds that a particular situation requires immediate action to prevent a spill or discharge, or to protect the safety of life and property, he or she may issue an amendment effective on the date that the licensee receives it. The Sector Commander, or MSU Commander with COTP and OCMI authority, must include a brief statement of the reasons for the immediate amendment. The licensee may petition the District Commander for review, but the petition does not delay the effective date of the amendment.

      (f) Other Federal agencies may propose amendments to the operations manual by submitting them to the Coast Guard's Office of Operating and Environmental Standards (CG-OES), which will coordinate with the Sector Commander, or MSU Commander with COTP and OCMI authority, to have the licensee implement requested amendments.

      0

      90. Revise Sec. 150.30 to read as follows:

      Sec. 150.30 How may the licensee propose an amendment to the operations manual?

      (a) Proposed amendments to an approved operations manual must be submitted to the Sector Commander, or MSU Commander with COTP and OCMI authority, in whose area of responsibility the deepwater port is located, with copy to the Commandant (CG-5P). The Commandant (CG-5P) will notify MARAD prior to approval of proposed significant amendments to the operations manual to ensure approval accords with the conditions of the deepwater port's license. If the proposed changes are not consistent with the requirements of any license condition, the environmental impact analysis, or any other Federal or State license or approval, the Commandant (CG-5P) must notify the Sector Commander, or MSU Commander with COTP and OCMI authority of this inconsistency immediately. Sector Commander, or MSU Commander with COTP and OCMI authority approval of the proposed changes will be withheld until the identified inconsistencies are resolved.

      (b) The licensee may propose an amendment to the operations manual--

      (1) By submitting to the Sector Commander, or to the MSU Commander with COTP and OCMI authority, in writing, the amendments and reasons for the amendments, not less than 30 days before the requested effective date of the amendment; or

      (2) If the amendment is needed immediately, by submitting the amendment, and reasons why the amendment is needed immediately, to the Sector Commander, or to the MSU Commander with COTP and OCMI authority in writing.

      (c) The Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG-5P), must respond to a proposed amendment by notifying the licensee of his or her decision, in writing, before the requested date of the amendment. If the request is disapproved, the Sector Commander, or MSU Commander with COTP and OCMI authority must include the reasons for disapproval in the notice. If the request is for an immediate amendment, the Sector Commander, or the MSU Commander with COTP and OCMI authority must respond as soon as possible.

      0

      91. Revise Sec. 150.35 to read as follows:

      Sec. 150.35 How may an Adjacent Coastal State request an amendment to the deepwater port operations manual?

      (a) An Adjacent Coastal State connected by pipeline to the deepwater port may petition the cognizant Sector Commander, or MSU Commander with COTP and OCMI authority, with copy to the Commandant (CG-5P), to amend deepwater port operations. The petition must include sufficient information to allow the Sector Commander, or MSU Commander with COTP and OCMI authority to reach a decision concerning the proposed amendment.

      (b) After the Sector Commander, or MSU Commander with COTP and OCMI

      Page 19156

      authority receives a petition, the Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG-

      5P), requests comments from the licensee.

      (c) After reviewing the petition and comments and considering the costs and benefits involved, the Sector Commander, or MSU Commander with COTP and OCMI authority, in coordination with the Commandant (CG-

      5P), may approve the petition if the proposed amendment will provide equivalent or improved protection and safety. The Adjacent Coastal State may petition the Commandant (CG-5P) to review the decision. Petitions must be made in writing and presented to the Sector Commander, or MSU Commander with COTP and OCMI authority for forwarding to the Commandant (CG-5P) via the District Commander.

      0

      92. Revise Sec. 150.40 to read as follows:

      Sec. 150.40 Deviating from the operations manual.

      (a) If, because of a particular situation, the licensee needs to deviate from the operations manual, the licensee must submit a written request to the Sector Commander, or MSU Commander with COTP and OCMI authority explaining why the deviation is necessary and what alternative is proposed. If the Sector Commander, or MSU Commander with COTP and OCMI authority determines that the deviation would ensure equivalent or greater protection and safety, the Sector Commander, or MSU Commander with COTP and OCMI authority will authorize the deviation and notify the licensee in writing.

      (b) In an emergency, any person may deviate from any requirement in this subchapter, or any procedure in the operations manual, to ensure the safety of life, property, or the environment. Each deviation must be reported to the Sector Commander, or to the MSU Commander with COTP and OCMI authority at the earliest possible time.

      Sec. 150.45 Removed and Reserved

      0

      93. Remove and reserve Sec. 150.45.

      0

      94. Amend Sec. 150.50 by revising the section heading to read as follows:

      Sec. 150.50 What are the requirements for a deepwater port spill response plan?

      * * * * *

      0

      95. Revise Sec. 150.100 to read as follows:

      Sec. 150.100 What are the requirements for inspecting deepwater ports?

      (a) Under direction of the Sector Commander, or MSU Commander, with COTP and OCMI authority, marine inspectors may inspect deepwater ports to determine whether the requirements of this subchapter are met. A marine inspector may conduct an inspection, with or without advance notice, at any time the Sector Commander or MSU Commander deems necessary.

      (b) During an inspection, Coast Guard marine inspectors may be accompanied by representatives of other Federal agencies.

      0

      96. Revise Sec. 150.105 to read as follows:

      Sec. 150.105 What are the requirements for annual self-inspection?

      (a) The operator of each deepwater port must ensure that the deepwater port is regularly inspected to determine whether the facility is in compliance with the requirements of the approved operations manual, the license, and any classification society certifications. To this end, a deepwater port operator may propose to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority, to implement a self-inspection program. Prior to the initiation of a self-

      inspection program, and before commencement of operations, the owner or operator must submit a proposal describing the self-inspection plan to the Sector Commander, or to the MSU Commander, with COTP and OCMI authority for acceptance. The plan must address all applicable requirements outlined in parts 149 and 150 of this subchapter. Any proposed program must include inspection intervals not to exceed 12 months between inspections. The inspection may be conducted up to 2 months after its due date, but will be valid for only the 12 months following that due date.

      (b) The operator must record and submit the results of the annual self-inspection to the Sector Commander, or to the MSU Commander with COTP and OCMI authority, within 30 days of completing the inspection. The report must include a description of any failure, and the scope of repairs made to components or equipment, in accordance with the requirements in subpart I of this part, other than primary lifesaving, firefighting, or transfer equipment, which are inspected and repaired in accordance with subpart F.

      (c) The Sector Commander, or the MSU Commander with COTP and OCMI authority, must validate the results of each inspection. If the Sector Commander, or the MSU Commander with COTP and OCMI authority, determines that the deepwater port is not operating in conformity with its operations manual or license, the Sector Commander, or the MSU Commander with COTP and OCMI authority, must direct appropriate corrective action to the deepwater port operator, and the Sector Commander, or the MSU Commander with COTP and OCMI authority, must notify the Commandant (CG-5P). After receipt of the notification, if the Commandant (CG-5P) concurs that a possible violation of a license condition is indicated, Commandant (CG-5P) will notify MARAD for consideration of what, if any, action on the license should be taken.

      0

      97. Add Sec. 150.107 to read as follows:

      Sec. 150.107 What notice must be given in the event of inspections?

      The operator must notify the Sector Commander, or the MSU Commander with COTP and OCMI authority, of scheduled Federal and State agency inspections. The operator must retain the record of results of any Federal or State agency inspection and make those records available for review upon receiving a request by the Sector Commander, or by the MSU Commander with COTP and OCMI authority, or his or her designated representative. The Coast Guard may participate in any inspection undertaken by another Federal or State agency with jurisdiction.

      Sec. 150.110 Amended

      0

      98. Amend Sec. 150.110 by removing the word ``or'' after the words ``class certificate,''; and adding the words ``, or of changes in class status'' after the words ``classification certificate''.

      Sec. 150.225 Amended

      0

      99. In Sec. 150.225, after the word ``hold.'', add the sentence ``All employees, regardless of status, must receive basic safety training as soon as practicable after reporting to the deepwater port.''.

      Sec. 150.325 Amended

      0

      100. Amend Sec. 150.325(b) introductory text by adding the words ``, but not limited to'' after the word ``including''.

      0

      101. Amend Sec. 150.380 by revising Table 150.380(a) and paragraph (b) to read as follows:

      Sec. 150.380 Under what circumstances may vessels operate within the safety zone or area to be avoided?

      (a) * * *

      Page 19157

      Table 150.380(a)--Regulated Activities of Vessels at Deepwater Ports

      ----------------------------------------------------------------------------------------------------------------

      Areas to be Other ship's

      avoided around routing measures

      Regulated activities Safety zone each deepwater Anchorage areas adjacent to the

      port component \1\ safety zone

      ----------------------------------------------------------------------------------------------------------------

      Tankers calling at port........ C C C C

      Support vessel movements....... C C C C

      Transit by vessels other than F D P P

      tankers or support vessels.

      Mooring to surface components N N N N

      by vessels other than tankers

      or support vessels.

      Anchoring by vessels other than N F C F

      tankers or support vessels.

      Fishing, including, but not N D P R

      limited to, bottom trawl

      (shrimping).

      Mobile drilling operations or N R N N

      erection of structures \2\.

      Lightering/transshipment....... N N N N

      ----------------------------------------------------------------------------------------------------------------

      \1\ Areas to be avoided are in subpart J of this part.

      \2\ Not part of Port Installation.

      \3\ Key to regulated activities for Table 150.380(a):

      C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.

      D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the

      person in charge of vessel operations.

      F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger

      to the ship or persons on board. N--Not permitted. P--Transit is permitted when the vessel is not in the

      immediate area of a tanker, and when cleared by the vessel traffic supervisor. R--Permitted only if determined

      that operation does not create unacceptable risk to personnel safety and security and operation. For

      transiting foreign-flag vessels, the requirement for clearance to enter the area to be avoided and no

      anchoring area is advisory in nature, but mandatory for an anchorage area established within 12 nautical

      miles.

      (b) If the activity is not listed in table 150.380(a) of this section, or otherwise provided for in this subpart, the permission of the Sector Commander, or MSU Commander with COTP and OCMI authority, is required before operating in the safety zone or other ship's routing measure.

      * * * * *

      Sec. 150.435 Amended

      0

      102. Amend Sec. 150.435(b) by adding the words ``, unless complying with any approved procedures contained in the operations manual to ensure the safety of personnel, equipment and the environment'' after the word ``vicinity''.

      Sec. 150.501 Amended

      0

      103. Amend Sec. 150.501 by adding the words ``, but not limited to,'' after the word ``including''.

      Sec. 150.601 Amended

      0

      104. Amend Sec. 150.601(b) introductory text by adding the words ``but not limited to,'' after the word ``including,'' and by adding the symbol ``,'' after the word ``subcontractors''.

      Sec. 150.602 Amended

      0

      105. Amend Sec. 150.602(a) by removing the text ``Sec. 150.15(w)'', and adding, in its place, the text ``Sec. 150.15(x)''.

      Sec. 150.607 Amended

      0

      106. Amend Sec. 150.607(a) by adding the words ``, but not limited to,'' after the word ``including'' and by adding the symbol ``,'' after the word ``gear''.

      Sec. 150.615 Amended

      0

      107. Amend Sec. 150.615(c) by adding the words ``, but not limited to,'' after the word ``including''.

      Sec. 150.618 Amended

      0

      108. In Sec. 150.618(a), after the word ``including'', add the words ``, but not limited to,''.

      Sec. 150.619 Amended

      0

      109. In Sec. 150.619(b), after the word ``including'', add the words ``, but not limited to,''.

      Sec. 150.623 Amended

      0

      110. Amend Sec. 150.623(c) introductory text by adding the words ``, but not limited to'' after the word ``including''.

      Sec. 150.715 Amended

      0

      111. In Sec. 150.715(a), after the word ``must'', add the words ``comply with the requirements of 33 CFR 66.01-11 and''.

      Sec. 150.720 Amended

      0

      112. Amend Sec. 150.720 by adding the words ``and comply with the requirements of 33 CFR 67.10'' after the text ``5 miles''.

      Sec. 150.812 Amended

      0

      113. Amend Sec. 150.812 by removing the word ``and'' and adding, in its place, the symbol ``,'' after the word ``life''; and adding the words ``, and the environment'' after the word ``property''.

      Sec. 150.815 Amended

      0

      114. Amend Sec. 150.815(a)(4) by adding the words ``, but not limited to,'' after the word ``including''.

      0

      115. Revise Sec. 150.830 to read as follows:

      Sec. 150.830 Reporting a pollution incident.

      (a) Oil pollution incidents involving a deepwater port are reported according to part 153, subpart B, of this chapter.

      (b) In each notification made under paragraph (a) of this section, the person in charge of the deepwater port involved in the incident must provide his or her name and telephone number, or radio call sign, and, to the extent known, the--

      (1) Location, date, and time of the incident;

      (2) Quantity of oil involved;

      (3) Cause of the incident;

      (4) Name or other identification of the vessel or offshore facility involved;

      (5) Size and color of any slick or sheen and the direction of its movement;

      (6) Observed on-scene weather conditions, including wind speed and direction, height and direction of seas, and any tidal or current influence present;

      (7) Actions taken or contemplated to secure the source or contain and remove or otherwise control the discharged oil;

      (8) Extent of any injuries or other damages incurred as a result of the incident;

      (9) Observed damage to living natural resources; and

      (10) Any other information deemed relevant by the reporting party or requested by the person receiving the notification.

      (c) The person giving notification of an incident must not delay notification to gather all required information and

      Page 19158

      must provide any information not immediately available when it becomes known.

      Sec. 150.905 Amended

      0

      116. Amend Sec. 150.905(d) by adding the words ``, but not limited to,'' after the word ``including''.

      Sec. 150.915 Amended

      0

      117. Amend Sec. 150.915 as follows:

      0

    83. In paragraph (a), after the word ``life'', remove the word ``and'' and add, in its place, the symbol ``,'', and after the word ``property'', add the words ``, or the environment'';

      0

    84. In paragraph (b)(2), after the word ``including'', add the words ``, but not limited to,''; and

      0

    85. In paragraph (b)(9), after the word ``including'', add the words ``, but not limited to,''.

      Dated: March 17, 2015.

      Paul F. Zukunft,

      Admiral, U.S. Coast Guard, Commandant.

      FR Doc. 2015-06611 Filed 4-8-15; 8:45 am

      BILLING CODE 9110-04-P