Deepwater Ports
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
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Submitting Comments
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Viewing Comments and Documents
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Privacy Act
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Public Meeting
II. Abbreviations
III. Executive Summary
IV. Background
V. Discussion of Proposed Rule
VI. Regulatory Analyses
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Regulatory Planning and Review
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Small Entities
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Assistance for Small Entities
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Collection of Information
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Federalism
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Unfunded Mandates Reform Act
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Taking of Private Property
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Civil Justice Reform
I. Protection of Children
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Indian Tribal Governments
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Energy Effects
L. Technical Standards
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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.
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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.
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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.
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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).
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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
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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.
-
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.
------------------------------------------------------------------------
-
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.
-
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).
-
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.
-
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.
-
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.
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\21\ 2 U.S.C. 1531-1538.
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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.
-
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.
-
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.
-
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.
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\22\ Codified as a note to 15 U.S.C. 272.
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This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
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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
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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.
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\23\ 42 U.S.C. 4321-4370f.
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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.
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
-
Add a definition in alphabetical order for ``Accommodation module'';
0
-
Revise the definition for ``Construction'';
0
-
Add definitions in alphabetical order for ``Deepwater port'', ``Deepwater port security plan'', ``Engineering geological survey'',
0
-
Remove the definition for ``Engineering hydrographic survey'';
0
-
Add in alphabetical order a definition for ``Flexible riser and umbilical'';
0
-
Revise the definition for ``Lease block'';
0
-
Add in alphabetical order definitions for ``Major conversion'' and ``Marine Safety Unit (MSU) Commander'';
0
-
Revise the definitions for ``Marine site'' and ``Maritime Administration'';
0
-
Add in alphabetical order a definition for ``Mile'';
0
-
Revise the definitions for ``Operator'' and ``Person in Charge'';
0
-
Add in alphabetical order definitions for ``PIC'' and ``Pipeline'';
0
-
Revise the definition for ``Pipeline end manifold'';
0
-
Add in alphabetical order a definition for ``Prevention, monitoring and mitigation program'';
0
-
Revise the definition for ``Safety zone'';
0
-
Add in alphabetical order a definition for ``Service space'';
0
-
Revise the definitions for ``Single point mooring oil transfer system''; ``Single point mooring natural gas transfer system'';
0
-
Add in alphabetical order definitions for ``Service space'', ``Sleeping space'', and ``Submerged turret loading buoy''; and
0
-
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
-
In paragraph (a), add a sentence at the end of the paragraph; and
0
-
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
-
Revising paragraphs (g)(1)(i), (g)(2)(iii), (i)(1), and (j) introductory text;
0
-
Adding paragraphs (j)(1), (j)(1)(i), (j)(1)(ii), and (j)(2);
0
-
Revising paragraphs (k)(1) introductory text, (m)(1)(i), (m)(1)(iii), and (m)(2);
0
-
Adding paragraphs (m)(3) and (4);
Page 19147
0
-
Revising paragraphs (n) introductory text, (s)(6)(iv), (t) introductory text, (y), and (z); and
0
-
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
-
Redesignate paragraph (d) as paragraph (c)(5); and
0
-
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
-
After the word ``limits'', remove the symbol ``,''; and
0
-
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
-
Revise the section heading and paragraph (b) introductory text;
0
-
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
-
In paragraph (b)(1)(iii), remove the word ``sanctuaries'' and add, in its place, the words ``protected areas'';
0
-
In paragraph (b)(1)(vii), remove the word ``and'';
0
-
In paragraph (b)(1)(viii), remove the symbol ``.'', and add, in its place, the symbol ``;''; and
0
-
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
-
In the introductory text, remove the word ``reasonable'' and add, in its place, the words ``a reasonable range of'';
0
-
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
-
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
-
In the introductory text, remove the word ``reasonable'' and add, in its place, the words ``a reasonable range of''; and
0
-
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
-
In paragraph (b), after the text ``(CG-5P)'' add the words ``or the accepted certifying entity''; and
0
-
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
-
Remove the words ``For a'' and add, in their place, the word ``Each'';
0
-
Remove the words ``, each pumping platform complex''; and
0
-
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
-
In paragraph (b) introductory text, after the word ``alarm'', add the words ``described in paragraph (a) of this section'';
0
-
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
-
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
-
In paragraph (a)(1), remove the text ``Sec. 149.306'' and add, in its place, the text ``Sec. 149.206'';
0
-
In paragraph (a)(2), remove the text ``Sec. 149.308'' and add, in its place, the text ``Sec. 149.208''; and
0
-
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
-
In paragraph (a), in the introductory text, remove the text ``Sec. 149.305'' and add, in its place, the text ``Sec. 149.205'';
0
-
In paragraph (a)(4), remove the text ``Sec. 149.305'' and add, in its place, the text ``Sec. 149.205''; and
0
-
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
-
In paragraph (a), remove the text ``Sec. 149.304'' and add, in its place, the text ``Sec. 149.204''; and
0
-
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
-
Revise the section heading; and
0
-
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
-
In paragraph (a), remove the text ``Sec. 149.409'' and add, in its place, the text ``Sec. 149.309''; and
0
-
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
-
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
-
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
-
In paragraph (c), after the word ``including'', add the words ``, but not limited to,'';
0
-
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
-
In paragraphs (i) introductory text, (i)(4), after the word ``including'', add the words ``, but not limited to,'';
0
-
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
-
In paragraphs (i)(7), (l) introductory text, and (l)(1)(iii), after the word ``including'', add the words ``, but not limited to,'';
0
-
In paragraph (l)(2)(iii), remove the word ``to'' and add, in its place, the words ``, but not limited to,'';
0
-
In paragraph (l)(4), after the word ``including'', add the words ``, but not limited to,'';
0
-
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
-
Redesignate paragraphs (o) through (aa) as (p) through (bb), respectively;
0
-
Add new paragraph (o);
0
-
In newly redesignated paragraphs (s), (u)(3), and (x)(2)(iii), after the word ``including'', add the words ``, but not limited to,'';
0
-
Revise newly redesignated paragraphs (y) and (bb); and
0
-
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
-
Revise the section heading;
0
-
Redesignate paragraphs (d), (e), and (f) as paragraphs (c)(2), (d), and (e), respectively;
0
-
Revise newly redesignated paragraph (c)(2);
0
-
Add paragraph (c)(1);
0
-
Revise newly redesignated paragraph (e);
0
-
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
-
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
-
In paragraph (b)(2), after the word ``including'', add the words ``, but not limited to,''; and
0
-
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
-
