Memorandums of understanding: Coast Guard; offshore facilities responsibilities,
[Federal Register: January 15, 1999 (Volume 64, Number 10)]
[Notices]
[Page 2660-2667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja99-87]
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Memorandum of Understanding (MOU) Between the Minerals Management Service and the United States Coast Guard
AGENCY: Minerals Management Service, Interior.
ACTION: Notice.
SUMMARY: Minerals Management Service (MMS) and the United States Coast Guard (USCG) have updated their MOU concerning responsibilities for offshore facilities. The update was necessary to add responsibilities associated with floating facilities, the Oil Pollution Act (OPA), and civil penalties.
DATES: The effective date of the MOU is December 16, 1998.
FOR FURTHER INFORMATION CONTACT: Greg Gould, MMS at (703) 787-1616 or Rajiv Khandpur, USCG at (202) 267-0494.
SUPPLEMENTARY INFORMATION: In August, 1989 the MMS and the USCG signed an MOU that outlined responsibilities associated with facilities located on the Outer Continental Shelf (OCS). The purpose was to minimize duplication, and to promote consistent regulation of these facilities. The use of floating facilities and responsibilities assigned by OPA created a need to update the MOU. Therefore, on January 5, 1998, MMS and USCG published an update of the 1989 MOU (63 FR 256) for public comment. We analyzed those comments and we revised the MOU as shown in Appendix A. We appreciate the excellent comments and suggestions that we received.
We are now implementing the MOU. The following is a sample list of actions that we will be considering in the process:
‹bullet› Review the standards of both agencies for consistency;
‹bullet› Determine the need for legislative changes to improve efficiency and clarify the jurisdiction for floating facilities;
‹bullet› Determine how to make a smooth transition of duties;
‹bullet› Determine how the certified verification agent program will function;
‹bullet› Focus on our inspection programs to eliminate duplication;
‹bullet› Work on safety management including accident investigations to promote safe practices;
‹bullet› Implement the civil penalties process set out in the MOU;
‹bullet› Continue to work on single point reporting;
‹bullet› Communicate electronically;
‹bullet› Improve the process of reporting and collecting incident data;
‹bullet› Share incident data to prevent accidents, particularly fatalities;
‹bullet› In the rare cases when both agencies are conducting a review (i.e., Design, fabrication, installation of non-ship-shape floating facilities), determine how the process will work; and
‹bullet› Coordinate more research efforts for safety and oil spill prevention and response.
We will be forming many teams with participants from MMS, USCG, and
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industry to ensure that implementation of the MOU is provides the most efficient and effective means to manage offshore oil and gas development. We also plan to have meetings/workshops during the MOU implementation process. The current requirements for each agency will remain in effect until new regulations implementing the MOU are promulgated.
Dated: January 8, 1999. Carolita Kallaur, Associate Director for Offshore Minerals Management.
Appendix A--Memorandum of Understanding Between Minerals Management Service, U.S. Department of the Interior and United States Coast Guard, U.S. Department of Transportation
Ia. Purpose
This Memorandum of Understanding (MOU) defines the responsibilities of the Minerals Management Service (MMS) and the United States Coast Guard (USCG) relating to managing the activities of MODU's, fixed, and floating systems. It is designed to minimize duplication and promote consistent regulation of facilities under the jurisdiction of both agencies. This MOU does not apply to deepwater ports as licensed by the Secretary of Transportation under the Deepwater Port Act of 1974, as amended.
Ib. Scope
This MOU covers oil and gas activities located in the Outer Continental Shelf (OCS). However, oil-spill preparedness is for facilities located seaward of the coast line, unless noted otherwise. Certificates of financial responsibility are for certain facilities located in the OCS and the State waters included in the definition of Covered Offshore Facility found at 30 CFR 253.3. An MOU, dated February 3, 1994, among the Departments of Transportation and the Interior and the Environmental Protection Agency established jurisdictional responsibilities for facilities located both seaward and landward of the coast line.
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Definitions
For purposes of this MOU, the following definitions apply:
Act--The OCS Lands Act (OCSLA)--43 U.S.C. 1331 et seq.
Coast Line--The line of ordinary low water along that portion of the coast that is in direct contact with the open sea and the line marking the seaward limit of inland waters, as defined by the Submerged Lands Act (43 U.S.C. 1301 (c)).
Outer Continental Shelf--The submerged lands that are subject to the Act.
OCS Activity--Any activity in the OCS associated with exploration, development, production, transporting, or processing of OCS mineral resources including but not limited to oil and gas.
OCS Facility--Any artificial island, installation, pipeline, or other device permanently or temporarily attached to the seabed, erected for the purpose of exploring for, developing, producing, and transporting resources from the OCS. This term does not include ships or vessels for transporting produced hydrocarbons. The following are types of OCS facilities:
1. Fixed OCS Facility--A bottom-founded OCS facility permanently attached to the seabed or subsoil of the OCS, including platforms, guyed towers, articulated gravity platforms, and other structures. This definition also includes gravel and ice islands and caisson- retained islands engaged in OCS activities used for drilling, production, or both.
2. Floating OCS Facility--A buoyant OCS facility securely and substantially moored so that it cannot be moved without a special effort. This term includes tension leg platforms, spars, semisubmersibles and shipshape hulls.
3. Mobile Offshore Drilling Units (MODU's)--Vessels capable of engaging in drilling operations for exploring or exploiting subsea oil, gas, or mineral resources.
OPA--The Oil Pollution Act of 1990 (Pub. L. 101-380).
Regional Director (RD)--The MMS officer delegated the responsibility and authority for a region within MMS. The USCG referrals for violations occurring in a particular MMS Region would be made to that MMS Region's RD.
Regional Supervisor (RS)--The MMS officer (or the authorized representative) in charge of operations within a Region.
Vessel--Every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the water. This term does not include atmospheric or pressure vessels used for containing liquids or gases.
Violation--Failure to comply with the OCSLA, any regulations, or the terms or provisions of leases, licenses, permits, or rights-of- way issued under the OCSLA.
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Responsibilities
The following table lists the lead agency for system responsibilities associated with MODU's and fixed and floating OCS facilities. Other agency roles are identified where applicable. The lead agency is responsible for coordinating with the other agency as appropriate. The attachments to the table list the typical equipment that is included in the system.
The MMS and USCG will work together to develop the standards necessary to implement this MOU. Where the agencies have overlapping responsibilities, they will work together to minimize duplication.
Lead agency Item
System
Sub-system ---------------------------------------------------
Other agency role/comments MODU
Fixed
Floating
1............. Design & Operating Overview/Plan. 1.a........... ................... Deepwater Operating N/A
MMS
MMS
Where required. Plan. 1.b........... ................... Design Basis
USCG
N/A
USCG Document. 1.c........... ................... Design,
N/A
MMS
MMS
Section applies to MMS's Certified fabrication, and
Verification Agent (CVA) Program. installation verification plans. 2............. Structural Integrity. 2.a........... ................... Structural
USCG
MMS
MMS & USCG
USCG responsibilities for fabrication, integrity,
installation, and inspection of floating modifications for
units are found in 33 CFR Subchapter N. construction and
MMS responsibilities are found in 30 CFR repair
Subpart I. USCG and MMS will each review requirements.
the design of the turret and turret/hull interface structure for ship-shape floating facilities. All other aspects of the design and fabrication of all ship- shape floating facilities will receive only USCG review. All design, fabrication, and installation activities of all non- ship-shape floating facilities will be reviewed by both agencies.
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2.b........... ................... Design
USCG
MMS
MMS
Establishes in-place design environmental environmental
criteria. conditions. .............. .............. USCG
Establishes design environmental criteria for intact and damage stability. 2.c........... ................... Risers (drilling, MMS
MMS
MMS
Some pipeline risers may be subject to the production, and
Research and Special Programs pipeline).
Administration's (RSPA) jurisdiction. 3............. Floating Stability. ................... USCG
N/A
USCG
USCG reviews and approves stability and sends copies to MMS. 4............. Station Keeping. 4.a........... ................... Foundations........ USCG
MMS
MMS 4.b........... ................... Mooring and
USCG
MMS
USCG & MMS
USCG is not responsible for site specific tethering systems.
mooring analyses. 4.c........... ................... Dynamic positioning USCG
N/A
USCG 5............. Drilling,
................... MMS
MMS
MMS
See Attachment A for description of Completion, Well
Drilling, Completion, Well Servicing & Servicing &
Workover Systems. Workover. 6............. Production......... ................... MMS*
MMS
MMS
See Attachment B for description of Production Systems. * Production equipment is not normally installed on a MODU. However, such equipment may be installed for a finite time and designed for removal. In such cases, MMS is the lead agency. 7............. Pipeline Operations ................... MMS
MMS
MMS
Note: Certain pipelines are subject to MMS and Components.
MOU(s) with RSPA. 8............. Lightering
................... USCG
USCG
USCG Equipment & Procedures. 9............. Utility Systems 9.a........... ................... Boilers, pressure USCG
MMS
USCG
Listed equipment/systems not supporting vessels, waste
drilling or production. heat recovery (from any engine exhaust), water heaters and other piping or machinery. .............. .............. MMS
Listed equipment/systems supporting drilling or production. 9.b........... ................... High pressure
USCG
MMS
USCG
Listed system components and piping not (H.P.) washdown.
supporting drilling or production. .............. .............. MMS
Listed system components and piping supporting drilling or production. 9.c........... ................... Seawater supply.... USCG
MMS
USCG 9.d........... ................... Compressed air..... USCG
MMS
USCG
Listed system components and piping not supporting drilling or production. .............. .............. MMS
Listed system components and piping supporting drilling or production. 9.e........... ................... Potable wash and USCG
USCG
USCG sanitary water. 9.f........... ................... Sewage unit &
USCG
USCG
USCG piping. 9.g........... ................... Diesel fuel........ USCG
MMS
USCG 9.h........... ................... Bilge & ballast, USCG
N/A
USCG including pumps and related control systems. 9.i........... ................... Fuel gas from well. MMS
MMS
MMS
For MODU's and floating facilities, when powering drilling and production systems. USCG
.............. USCG
For MODU's and floating facilities, when powering emergency and ship-service systems.
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10............ Elevators for
................... USCG
USCG
USCG Personnel. 11............ Aircraft Landing Decks, fuel
USCG
MMS
USCG and Refueling. handling, and storage. 12............ Fire Protection ................... .............. .............. ................. 12.a.......... ................... Fire protection, USCG
USCG
USCG
See Attachment C for description of Fire detection, and
Protection, Detection, and Extinguishing. extinguishing.
Excludes MMS-regulated safety systems. 2.b........... ................... Structural fire USCG
USCG
USCG protection for accommodations. 13............ Safety Systems..... ................... .............. .............. ................. Includes interfaces between fire protection systems and MMS regulated safety systems. 13.a.......... ................... Emergency shut-down MMS
MMS
MMS
For MMS required systems. Excludes ``remote systems.
stopping devices'' required for USCG- regulated systems. 13.b.......... ................... Gas detection...... MMS
MMS
MMS 13.c.......... ................... Drilling,
MMS
MMS
MMS production, well- control safety, and shutdown systems. 13.d.......... ................... General alarm...... USCG
USCG
USCG
Includes public address system when integrated with general alarm system. 14............ Electrical Design & ................... .............. .............. ................. Equipment. 14.a.......... ................... Production......... MMS*
MMS
MMS
See Attachment B for definition of Production Systems. *Same comment as item #6. 14.b.......... ................... Drilling systems... USCG
MMS
USCG
See Attachment A for definition of Drilling Systems. .............. .............. MMS *
*MMS is the lead agency for drilling equipment installed for a finite time and designed for removal. 14.c.......... ................... Emergency lighting USCG
USCG
USCG power generation and distribution. 14.d.......... ................... Hazardous areas USCG
MMS
MMS and USCG MMS and USCG will work on common, logical classification.
standards to minimize duplication of effort for industry. 15............ Aids to Navigation. ................... USCG
USCG
USCG 16............ Communications ................... USCG
USCG
USCG 17............ Pollution
................... .............. .............. ................. ........................................... Prevention. 17.a.......... ................... Pollution not
USCG
USCG
USCG
Garbage and plastics per the International associated with
Convention for the Prevention of Pollution vessel transfers.
from Ships MARPOL 73/78. MMS
MMS
MMS
Other Pollution. 17.b.......... ................... Petroleum and other USCG
USCG
USCG
........................................... product transfers to and from a vessel (includes lightering of produced hydrocarbons). 18............ Cranes and Material ................... .............. .............. ................. ........................................... Handling Equipment.
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18.a.......... ................... Crane design,
USCG
MMS
USCG
........................................... certification, and operations. 18.b.......... ................... Other Material USCG
MMS
USCG
........................................... Handling Equip. 19............ Ventilation
................... .............. .............. ................. ........................................... 19.a.......... ................... Accommodations and USCG
USCG
USCG
........................................... machinery spaces. 19.b.......... ................... Areas other than USCG
MMS
MMS
........................................... accommodations or machinery spaces. 20............ Life Saving
................... USCG
USCG
USCG
........................................... Equipment. 21............ Workplace Safety and Health. 21.a.......... ................... Personnel
USCG
USCG
USCG
........................................... protection equipment. 21.b.......... ................... Hazardous material USCG
USCG
USCG
........................................... storage & handling (other than produced hydrocarbons). 22............ Living Quarters and ................... USCG
USCG
USCG
Includes permanent and temporary units Accommodation
design & arrangement. Spaces. 23............ General Arrangements. 23.a.......... ................... Access/egress & USCG
USCG
USCG
........................................... means of escape. 23.b.......... ................... Safety plan, fire USCG
USCG
USCG
........................................... control or fire equipment, and lifesaving equipment plans. 24............ Miscellaneous
................... .............. .............. ................. Supplements list of above mentioned Systems and
systems. Operational Requirements. 24.a.......... ................... Structural
USCG
MMS
USCG
USCG will copy MMS on approvals and inspection
compliance records. MMS recommends that requirements.
USCG at least meet the requirements of the American Petroleum Institute's Recommended Practice 2A (API-RP2A)--Planning, Designing, and Constructing Fixed Offshore Platforms Working Stress Design. 24.b.......... ................... Personnel
USCG
USCG
USCG
........................................... requirements for marine and lifesaving operations. 24.c.......... ................... Emergency
USCG
USCG
USCG
........................................... evacuation plans. 24.d.......... ................... Drills--fire,
USCG
USCG
USCG
........................................... abandon, and lifeboat.
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24.e.......... ................... Inspection and MMS
MMS
MMS
Includes hydrogen sulfide gas (H2S). testing of all production and drilling equipment. 24.f.......... ................... Inspection and USCG
USCG
USCG
........................................... testing of marine and lifesaving equipment. 24.g.......... ................... Well-head &
MMS
MMS
MMS
........................................... platform removal (decommissioning). 24.h.......... ................... Safe welding,
MMS
MMS
MMS
........................................... burning and hot tapping. 24.i.......... ................... Diving operations & USCG
USCG
USCG
........................................... equipment. 24.j.......... ................... H2S contingency MMS
MMS
MMS
Includes H2S personnel protection plan (including
equipment. equipment, control, and detection systems). 25............ Investigation--Lead ................... .............. .............. ................. Agencies to consolidate/standardize and Responsibility:
eliminate duplication in reporting and data-collection requirements (see section VIII of this MOU). 25.a.......... ................... Oil Pollution
MMS
MMS
MMS
Addresses oil pollution reportable under reportable under
OSCLA. the Outer Continental Shelf Lands Act (OSCLA). 25.b.......... ................... Oil Pollution under USCG
USCG
USCG
Conduct preliminary assessments and follow- the Clean Water
on actions in accordance with the National Act (CWA impact).
Contingency Plan and investigation into violation of CWA. 25.c.......... ................... Incidents involving USCG
USCG
USCG
........................................... systems under USCG jurisdiction. 25.d.......... ................... Incidents involving MMS
MMS
MMS
........................................... systems under MMS's jurisdiction. 26............ Administer Shutdown ................... MMS
MMS
MMS
See Section V, Para C.2 of this MOU for the or Resumption of
Federal On Scene Coordinator (FOSC) Operation of a
responsibility for spill response. Facility. 27............ Safety Analysis.... Safety analysis of USCG
MMS
MMS
For MODU's see the requirements of 46 CFR industrial systems.
58.60-11 and 58.60-13.
Attachment A--Drilling, Completion, Well Servicing and Workover Systems
System requirements for operating the following equipment and systems:
--Drilling, production, and workover risers --Blowout prevention equipment and control systems --Drilling system and related relief valves, vent system, pressure vessels and piping, pumps, water systems, safety systems, cementing systems, and circulating systems --Riser and guideline tensioning systems --Motion compensation systems --Instruments and controls --Atmospheric vessels and piping --Fitness of the Drilling Unit --Lifting and hoisting equipment associated with the derrick --Cementing systems --Circulating systems, including:
pipes and pumps for mud;
shale shakers; desanders;
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degassers. --Structures including derrick and sub-structure --Bulk material storage and handling systems --Other pressurized systems designed for industrial operations
Attachment B--Production Systems
Includes but not limited to the following equipment:
--Hydraulic systems --Connections between production and workover (industrial) systems --Production safety systems including subsurface and surface well control --Relief valves, relief headers, vent and flare systems --Production wells and wellhead --Well-handling equipment (contract drilling rig) --Instrumentation, controls, and measurement (including oil and gas)s --Gas compression --Process system and related pumps --Odorization for gas piped into enclosures --Process system and related pressure vessels and piping --Process system and related heat exchangers, including waste heat recovery units --Chemical injection and treatment systems
Attachment C--Fire Protection, Detection and Extinguishing
Includes the following equipment:
--Deluge systems in the wellbay area --Firewater pumps, piping, hose reel and monitor equipment --Foam extinguishing equipment --Fixed gaseous extinguishing equipment [carbon dioxide(CO2) and halon alternatives] --Fixed watermist extinguishing equipment --Portable and semi-portable extinguishers --Fire and smoke detection (excludes interfaces to MMS regulated safety systems)
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Civil Penalties
The USCG reports violations of OCSLA statutes or regulations that may result in civil penalty action to MMS. The USCG will investigate and document OCSLA based violation cases according to the procedures in 33 CFR 140.40 with the following clarification:
1. The cognizant Officer-in-Charge, Marine Inspection (OCMI) makes the determination whether a violation ``constitutes or constituted a threat of serious, irreparable, or immediate harm.'' If the OCMI determines:
a. That it does, then the OCMI will refer the case to MMS and recommend that a civil penalty be assessed.
b. That it does not, then the OCMI will establish a reasonable time for the violator to fix the problem. The OCMI may do this in consultation with MMS, particularly on matters in which MMS has expertise or knowledge of industry practice. If the violator does not correct the problem, or does not file an appeal with the appropriate USCG official in the allotted time, the OCMI will refer the case to MMS, pursuant to 43 U.S.C. 1348(a).
When referring a case to MMS, the OCMI will forward the following information:
i. The case file, which consists of a summary of the investigation and a USCG determination of the regulations violated.
ii. A description of the seriousness of violation and any incidents actually associated with the violation.
iii. If requested, additional information concerning the merits of a civil penalty action. All physical evidence remains with the USCG, but available to MMS upon request.
2. If the violator files an appeal of a USCG's enforcement action the USCG will not forward the case to MMS until the appeal has been resolved.
3. Upon receipt of the violation report, the MMS Regional Civil Penalty Coordinator will appoint a Reviewing Officer (RO) who will process the report in accordance with the MMS OCS Criminal/Civil Penalties Program Guidebook.
4. Notification of the MMS RO's decision regarding the civil penalty assessment, collection, compromise, or dismissal shall be provided to the OCMI originating the violation report.
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Oil Pollution Responsibilities
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Certificates of Financial Responsibility (COFR)
1. The MMS issues certifications of oil-spill financial responsibility for certain facilities located in the OCS and State waters included in the definition of Covered Offshore Facility found at 30 CFR 253.3. The COFR ensures that responsible parties can pay for cleanup and damages from facility oil spills.
2. The MMS will provide COFR-related information to the USCG upon request. Upon request from the USCG, MMS will provide available information for any covered OCS facility (COF) in certain OCS and the State waters included in the definition of Covered Offshore Facility found at 30 CFR 253.3 that are involved in an oil pollution incident including:
(1) Copies of the lease, permit, or right of use and easement for the area in which the COF is located;
(2) Contacts for claims;
(3) Agents for service of process;
(4) Amounts guaranteed; and
(5) List of all responsible parties.
3. The USCG issues COFR for vessels and floating OCS facilities which store oil. This COFR is in addition to the MMS COFR and addresses the operator's financial responsibility for the clean up and damages from oil discharges resulting from non-well-related sources and produced oil stored onboard the floating OCS facility.
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Oil Spill Preparedness and Response Planning
1. The MMS, for all facilities seaward of the coast line, requires that responsible parties maintain approved Oil Spill Response Plans (OSRP) consistent with the area contingency plan; ensures that response personnel receive training; and that response equipment is inspected. The MMS will require unannounced oil-spill response drills. The MMS RS will advise the Federal On Scene Coordinator (FOSC) of drills to coordinate participation, and avoid conflict or duplication.
2. The USCG Captain of the Port serves as the pre-designated FOSC in accordance with the National Contingency Plan. The appropriate FOSC will also jointly approve OSRPs for floating facilities which store oil. Participation in MMS drills will be at the discretion of the FOSC. The FOSC will advise the MMS RS of spill-response drills and activities, such as exercise and response activities, occurring on facilities seaward of the coast line.
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Spill Response
1. All spills are required to be reported to the National Response Center (NRC). The NRC provides notification to the appropriate agencies and State offices. Additionally, OCS facility owners or operators are required to report spills of one barrel or more to the MMS RS.
2. The FOSC will direct and monitor Federal, State, and private actions, consult with responsible parties, and determine the removal action. The MMS RS will direct measures to abate sources of pollution from an OCS facility. However, if a discharge poses a serious threat to public health, welfare, or the environment, in accordance with Public Law 101-380 (OPA) Sec. 4201, the FOSC may mitigate or prevent the substantial threat of a discharge and notify the MMS RS as soon as possible. The MMS will authorize the return of an OCS facility to operation in coordination with the FOSC.
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Exchanging Services and Personnel
To the extent its own operations and resources permit, each agency will provide the other agency with assistance, technical advice, and support, including transportation, if requested in accordance with 43 U.S.C. 1348. Exchange of services and personnel is non-reimbursable (except for pollution removal funding authorizations for incident specific fund access). The assistance may extend to areas beyond the OCS where one Agency's expertise will benefit the other agency in applying and enforcing its safety regulations.
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Other Cooperative Functions
1. Both agencies will exchange data and study results, participate in research and development projects, and exchange early drafts of rulemaking notices to avoid duplicative or conflicting requirements.
2. Both agencies will review current standards, regulations, and directives and will propose revisions to them as necessary in keeping with the provisions of this MOU.
3. Both agencies will review reporting and data collection requirements imposed on operators of OCS facilities and, where feasible, eliminate or minimize duplicate reporting and data collection requirements.
4. Each agency will conduct scheduled and unannounced inspections to ensure compliance with its own requirements. If the inspector notices deficiencies that fall within the responsibility of the other agency, the deficiency will be reported to the other agency for action. However, if the deficiency may cause serious or irreparable harm to persons, property, or the environment, the inspector may take the necessary preventative action. The preventative action will then be reported to the other agency.
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Accident Investigations
The MMS or the USCG is responsible for conducting investigations and preparing a public report for each major fire, oil spillage, serious injury, and fatality associated with OCS activities. To avoid duplication of effort and to simplify administration, the responsibility for investigating and preparing a public report for these incidents rests with the agency that is listed in Section III as being responsible for the system associated with the incident. In addition, the MMS investigates blowouts and the USCG investigates collisions.
For those incidents for which both agencies have an investigative interest in the system associated with the incident, one agency will assume lead investigative responsibility with supporting participation by the other agency. The lead agency in a joint investigative effort shall investigate and prepare, approve, and release the report in accordance with the normal procedures of that agency, subject to the following terms and conditions:
1. The lead agency shall be determined through mutual agreement. If mutual agreement is not reached, each agency may decide to conduct its own investigation.
2. The specific details of a supporting agency's participation in a joint investigation shall be determined on a case-by-case basis through mutual agreement.
3. Prior to the public release of a joint agency report, the supporting agency will be afforded an opportunity to comment on the report. If the supporting agency's conclusions and/or recommendations differ with those of the lead agency, either both conclusions and/or recommendations will be included in the lead agency's report in a mutually acceptable manner, or a joint report will not be issued, and each agency may issue separate reports.
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Implementing this MOU
1. Each agency will review its internal procedures and, where appropriate, will revise them to accommodate the provisions of this MOU. Each agency will also designate in writing one senior official who will be responsible for coordinating and implementing the provisions of this MOU.
2. Each agency will designate regional officials to be responsible for coordinating and implementing the provisions of this MOU in their respective regions.
3. The USCG--MMS MOU concerning regulation of activities and facilities in the OCS, dated August 29, 1989 is canceled on the effective date of this agreement.
4. If new technology (or new uses of current technology) require a change to this MOU, the MMS regional office and appropriate USCG district will work together to reach an agreement. The MMS regional office and the USCG district will notify their respective Headquarters office of any change. If the MMS regional office and the USCG district office can't reach an agreement, it will be elevated to MMS and USCG Headquarters. The new policy will become part of a revised MOU the next time the MOU is revised.
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Savings Provision
Nothing in this MOU alters, amends, or affects in any way the statutory authority of MMS or the USCG.
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Effective Date
This MOU is effective upon signature.
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Termination
Both parties may amend this MOU by mutual agreement and either agency may terminate it with a 30-day written notice.
Signed at Washington, DC, December 16, 1998. James M. Loy, Commandant, U.S. Coast Guard, Department of Transportation.
Cynthia Quarterman, Director, Minerals Management Service, Department of Interior.
[FR Doc. 99-817Filed1-14-99; 8:45 am]
BILLING CODE 4310-MR-P
