Notice of Arrival on the Outer Continental Shelf, 29439-29447 [E9-14584]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Proposed Rules]
[Pages 29439-29447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14584]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 146

[Docket Number USCG-2008-1088]
RIN 1625-AB28


Notice of Arrival on the Outer Continental Shelf

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to enhance maritime domain safety and 
security awareness on units and personnel engaging in activities on the 
Outer Continental Shelf by proposing regulations which will require 
notice of arrival for units planning to engage in Outer Continental 
Shelf activities. The proposed rules would implement provisions of the 
Security and Accountability for Every Port Act of 2006 and increase 
overall maritime domain awareness by requiring owners or operators of 
United States and foreign flag floating facilities, mobile offshore 
drilling units, and vessels to submit notice of arrival information to 
the National Vessel Movement Center prior to engaging in Outer 
Continental Shelf activities.

DATES: Comments and related material must either be submitted to our 
online docket via https://www.regulations.gov on or before September 21, 
2009 or reach the Docket Management Facility by that date.
    Comments sent to the Office of Management and Budget (OMB) on 
collection of information must reach OMB on or before September 21, 
2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-1088 using any one of the following methods:
    (1) Federal eRulemaking Portal  https://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 methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below for instructions on submitting comments.
    Collection of Information Comments: If you have comments on the 
collection of information discussed in section V.D. of this notice of 
proposed rulemaking (NPRM), you must also send comments to the Office 
of Information and Regulatory Affairs (OIRA), Office of Management and 
Budget. To ensure that your comments to OIRA are received on time, the 
preferred methods are by e-mail to oira_submission@omb.eop.gov 
(include the docket number and ``Attention: Desk Officer for Coast 
Guard, DHS'' in the subject line of the e-mail) or fax at 202-395-6566. 
An alternate, though slower, method is by U.S. mail to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S. 
Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. James M. Magill, Vessel and Facility Operating 
Standards Division (CG-5222), Coast Guard; telephone 202-372-1414, e-
mail James.M.Magill@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. 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 https://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1088), 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 e-mail 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 comments online, go to https://www.regulations.gov, 
select the

[[Page 29440]]

Advanced Docket Search option on the right side of the screen, insert 
``USCG-2008-1088'' in the Docket ID box, press Enter, and then click on 
the balloon shape in the Actions column. 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 them 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.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-1088 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. 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.

C. Privacy Act

    Anyone can search the electronic form of all 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).

D. 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 determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

DHS Department of Homeland Security
FR Federal Register
ISM International Safety Management
ISSC International Ship Security Certificate
MMS Minerals Management Service
MODU Mobile Offshore Drilling Unit
NAICS North American Industry Classification System
NOA Notice of Arrival
NOA OCS Notice of Arrival on the Outer Continental Shelf
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act, 15 U.S.C. 272 
note
NVMC National Vessel Movement Center
OCS Outer Continental Shelf
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
RFA Regulatory Flexibility Act, 5 U.S.C. 601-612
SAFE Port Act Security and Accountability For Every Port Act of 2006, 
Pub. L. No. 109-347, 120 Stat. 1884 (2006)
U.S.C. United States Code
U.S.C.A. United States Code Annotated

III. Background

    Congress and the President enacted the Security and Accountability 
for Every Port Act of 2006 (SAFE Port Act), Public Law No. 109-347, 120 
Stat. 1884 on October 13, 2006. Section 109 of the SAFE Port Act \1\ 
requires publication, within 180 days of enactment, of regulations that 
``update and finalize'' notice of arrival (NOA) procedures for foreign 
vessels \2\ on the Outer Continental Shelf (OCS). Additionally, the 
SAFE Port Act requires that the regulations ``be consistent with 
information required under the Notice of Arrival section 160.206 of 
title 33, Code of Federal Regulations as in effect of the date of 
enactment of the Act.''
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    \1\ 33 U.S.C. 1223 note (West 2009).
    \2\ As defined in 1 U.S.C. 3 (and reiterated in part 140 of this 
subchapter) a vessel is ``every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water.'' This definition includes those units we 
propose to regulate with this rulemaking (i.e., floating facilities, 
MODUs, and vessels engaging in OCS activities).
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SAFE Port Act Section 109

    The legislative history for the SAFE Port Act relating to the 
``update and finalize'' language found in section 109 provides no 
specific direction for implementing that section. The Senate version of 
the bill contains the section 109 provisions and the House of 
Representatives bill does not. The Congressional record does not 
otherwise elucidate the requirement. The House of Representatives 
Conference Report reveals only that both houses of Congress adopted 
section 109 without additional discussion.\3\
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    \3\ H.R. 4954, 152nd Cong. (2006).
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Other Coast Guard NOA OCS Regulations, 33 CFR 146.202

    The Coast Guard does, however, have existing OCS regulations to 
inform this proposed rule. On March 4, 1982, in response to enactment 
of the Outer Continental Shelf Lands Act Amendments of 1978, the Coast 
Guard published a final rule entitled Outer Continental Shelf 
Activities (47 FR 9366). The rule impacted requirements for design, 
equipment, operations, manning, inspections and investigations for 
facilities, vessels, and other units (domestic and foreign) engaged in 
OCS activities. The rule is intended to ensure that foreign mobile 
offshore drilling units operating on the OCS meet the manning and 
safety standards comparable to those met by U.S. units. One provision, 
33 CFR 146.202, made effective by the 1982 final rule, specifically 
addresses NOA or relocation of any MODU on the OCS. That section 
provides that an owner of any MODU engaged in OCS activities shall, 14 
days before arrival of the MODU on the OCS or as soon thereafter as 
practicable, notify the District Commander for the area in which the 
MODU will operate of: (1) The MODU's name, nationality, and designation 
assigned for identification under 30 CFR 250.37; (2) the location and 
year that the MODU was built; (3) the name and address of the owner, 
and the owner's local representative, if any; (4) classification or 
inspection certificates currently held by the MODU; (5) the location 
and date that operations are expected to commence, and their 
anticipated duration; and (6) the location and date that the MODU will 
be available and ready for inspection by the Coast Guard. In addition, 
once a MODU is located on the OCS, the owner of the unit shall notify 
the District Commander before relocating the unit. Section 146.202 is 
the only Coast Guard NOA requirement for foreign vessels (specifically 
MODUs) on the OCS effective at this time, and its purpose is to assist 
District Commanders in gathering information on MODUs prior to 
inspection of those units.

Consistency With 33 CFR 160.206

    The Coast Guard also has recently updated NOA rules. In response to 
the terrorist attacks of September 11, 2001, the Coast Guard published, 
on February 28, 2003, the final rule entitled

[[Page 29441]]

Notification of Arrival in U.S. Ports (68 FR 9537). The rule enhanced 
notification of arrival and departure requirements for U.S. and foreign 
vessels bound for, or departing from, ports or places in the United 
States. The rule also increased, from 24 hours to 96 hours, the advance 
notice a vessel must submit to the National Vessel Movement Center 
(NVMC); described the timeframes for updating an NOA; and added more 
information to the list of items that must be submitted, as part of the 
NOA, to the NVMC. Pursuant to that rule, specifically 33 CFR 160.206, 
the information items submitted to the NVMC include: Vessel 
information; voyage information; cargo information; information for 
each crewmember onboard; information for each person onboard in 
addition to the crew; operational condition of equipment; International 
Safety Management (ISM) code notice; Cargo Declaration; and 
International Ship and Port Facility code (ISPS) notice. The Coast 
Guard collects this information to ensure, to the extent practicable, 
public safety, security and the uninterrupted flow of commerce.

Coast Guard Action

    After considering the legislative history related to SAFE Port Act 
section 109 and current NOA rules, the Coast Guard has determined that 
pursuant to section 109 of the SAFE Port Act, ``updating and 
finalizing'' our current NOA OCS rules requires proposing and 
finalizing NOA OCS rules, which will be: (1) In addition to those found 
at Sec.  146.202 for MODUs, and (2) consistent with the NOA 
requirements of Sec.  160.206 for vessels bound for, or departing from, 
ports or places in the United States.
    This rulemaking begins the process of meeting those section 109 
requirements. It also proposes extending those NOA OCS requirements to 
U.S. floating facilities, MODUs, and vessels (arriving on, and engaging 
in, OCS activities from foreign ports or places) under the authority of 
the Outer Continental Shelf Lands Act, 43 U.S.C. 1356 (2007) and the 
Ports and Waterways Safety Act, 33 U.S.C. 1226 (2007). Extending the 
NOA OCS requirements to U.S. vessels is essential for overall maritime 
domain safety and security awareness. Moreover, obtaining knowledge of 
all individuals and vessels engaging in OCS activities will better 
equip the Coast Guard to prevent and respond to a safety or security 
incident on the OCS.

IV. Discussion of Proposed Rule

    The Coast Guard is the lead Federal agency for maritime safety and 
security on the OCS, and is concerned with the safe operation and 
manning of vessels engaged in OCS activities. As such, the Coast Guard 
remains focused on monitoring the safe operation of vessels entering 
the United States OCS, and on protecting the United States from vessels 
that could be used as weapons, or as a point of entry in attacks 
against the United States. Consistent with these concerns and the 
mandates of the SAFE Port Act, this rulemaking proposes new NOA 
requirements for certain floating facilities, MODUs, and vessels 
engaging in OCS activities as a method of increasing U.S. maritime 
domain safety and security awareness. These amendments will assist the 
Coast Guard in responding to an OCS incident and enhance public safety, 
security, and the uninterrupted flow of commerce.
    Consistent with 33 CFR part 160, subpart C, this rulemaking 
specifically proposes that owners or operators of U.S. and foreign flag 
floating facilities, MODUs, and vessels engaging in OCS activities, 
with the exception of those U.S. units traveling directly from U.S. 
ports or places, notify the NMVC at least 96 hours before their 
intended arrival on the OCS. If voyage time to the OCS is less than 96 
hours, then this rulemaking proposes shorter notice requirements. U.S. 
flag units arriving on the OCS directly from a U.S. port or place will 
not be required to submit the safety and security information proposed 
in this rule because the Coast Guard has greater maritime domain 
awareness over these vessels coming from a U.S. port (as they will have 
previously submitted similar safety and security information items 
under 33 CFR 160.202(a) and 160.206, unless exempted under Sec.  
160.203), and as such they represent a comparatively lower safety and 
security risk.

Proposed Sec. Sec.  146.103, 146.104, 146.215, and 146.405

    In accordance with section 109 of the SAFE Port Act, the Coast 
Guard proposes that the information items submitted for purposes of NOA 
OCS by owners or operators of floating facilities, MODUs, and vessels 
engaging in OCS activities be consistent, to the extent practicable, 
with information currently submitted under 33 CFR 160.206 for U.S. and 
foreign vessels bound for, or departing from, ports or places in the 
United States.

NOA for U.S. and Foreign Facilities and MODUs

    Specifically, in Sec. Sec.  146.103, 146.104, and 146.215 for U.S. 
and foreign floating facilities and MODUs, we propose:

When and How To Submit the NOA

    If the voyage time to the OCS is 96 hours or greater, we propose 
that the owner or operator planning to conduct OCS activities submit an 
initial NOA to the NVMC not less than 96 hours in advance of their 
arrival on the OCS. If the voyage time is less than 96 hours, we 
propose that the owner or operator planning to conduct OCS activities 
submit an initial NOA to the NVMC not less than 24 hours in advance of 
their arrival on the OCS.
    We propose that the owner or operator electronically submit the NOA 
to the NVMC at https://www.nvmc.uscg.gov/ by clicking on the link 
labeled ``Submit NOA online'' and following the instructions for 
submission.

Information Items Submitted to NVMC

    The Coast Guard proposes that the NOA submission include the 
following information: The location of the floating facility or MODU at 
the time the NOA is reported; the area designation and block number 
where the unit will operate, if applicable; the floating facility's 
name, if any; the date when OCS activities are expected to begin and 
end; the names of the last two ports or places visited and the 
associated dates of arrival and departure; select information for each 
individual onboard the floating facility or MODU; the date of issuance 
of the International Safety Management Certificate; and the date of 
issuance of the International Ship Security Certificate.

Updating an NOA

    There may be instances where the owner or operator becomes aware 
that the floating facility or MODU will not arrive on the OCS within 
the timeframe originally reported to the NVMC. In those instances, we 
propose that the owner or operator update the NOA by revising and re-
submitting the NOA. If the new estimated time of arrival on the OCS 
differs by more than 24 hours from the initial or most recently 
submitted NOA, then we propose that the owner or operator submit a 
revised NOA not less than 24 hours before the floating facility or MODU 
arrives at their destination on the OCS. If the new estimated time of 
arrival on the OCS differs by less than 24 hours from the initial or 
most recently submitted NOA, then we propose that the owner or operator 
of the floating facility or MODU submit an updated NOA not less than 12 
hours before arrival on the OCS.
    We propose that owners and operators refrain from submitting 
updated NOAs for changes in arrival times that are less

[[Page 29442]]

than 6 hours; changes in the location of the vessel or floating 
facility at the time of reporting; and changes in personnel positions.

NOA for U.S. and Foreign Vessels

    For consistency, in proposed Sec.  146.405, NOA for U.S. and 
foreign vessels engaging in OCS activities, we have directly referenced 
33 CFR Table 160.206 as the proposed information to be submitted by the 
vessel owner or operator. We propose that each item listed in the table 
be submitted with the exception of item (2)(iii), voyage information 
for each port or place in the United States to be visited, and item 
(6), the state and operational condition of equipment as required by 
Sec.  164.35. Each vessel should have access to the remaining 
information items found in the table, because those items are the same 
as that which is currently required from U.S. and foreign vessels bound 
for, or departing from, ports or places in the United States.
    We propose that the method and timeframes for submission of the NOA 
to the NVMC be consistent with those proposed for floating facilities 
and MODUs.

Towing Vessels on the OCS

    In each of the preceding sections, we propose that owners and 
operators of towing vessels controlling a unit (i.e., floating 
facility, MODU, or other vessel), or units, required to submit a NOA 
under this subpart submit only one combined NOA containing the 
information required for the towing vessel and each unit under its 
control.
    Specifically, the combined NOA would include the information items 
required for vessels under proposed Sec.  146.405 (for vessels) as well 
as those information items required for floating facilities under 
Sec. Sec.  146.103 or 146.104, or those required for MODUs under Sec.  
146.215, as appropriate. Towing vessels with a vessel in tow will 
submit the NOA information items found in Sec.  146.405 for both 
vessels.

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we provide analyses 
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    The Coast Guard proposes this rulemaking as a method of enhancing 
maritime safety and security and meeting the Congressional mandates of 
the SAFE Port Act. This rulemaking would require certain U.S. and 
foreign owners or operators of floating facilities, MODUs, and vessels 
to submit NOA information to the NVMC prior to engaging in OCS 
activities. Details on the purpose, background, and proposed 
requirements of this rulemaking are summarized elsewhere in this NPRM.
    Based on industry information from the National Offshore Advisory 
Committee (NOSAC), we estimate that there are 7 to 12 arrivals on the 
OCS each month for a total of 84 to 144 annual arrivals on the OCS each 
year. We also estimate that approximately 95 percent of the OCS units 
affected under this rulemaking would be foreign flag.
    The additional costs of this rulemaking to industry are the 
proposed NOA reporting requirements. We estimate that one NOA requires 
30 minutes to complete plus a transmittal fee of $2 per submission.\4\ 
Similar to other NOA reporting analyses, we use an average loaded wage 
rate of approximately $31 per hour to estimate the labor costs for NOA 
reporting activities.
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    \4\ Estimated sources: (1) Collection of Information, OMB 
Control Number 1625-0100, ``Advance Notice of Arrival and Electronic 
Transmission of Vessel Transit Data''; and (2) Notice of Proposed 
Rulemaking, ``Vessel Requirements for Notices of Arrival and 
Departure, and Automatic Identification System'' [USCG-2005-21869].
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    Based on the arrival data and the reporting time and cost 
information, we estimate the annual cost of this rulemaking to be 
$1,470 to $2,520 (non-discounted). We estimate the present value 10-
year cost of this rulemaking to be $10,300 to $17,700 at a 7 percent 
discount rate (rounded).\5\
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    \5\ We estimate present value 10-year costs are $12,500 to 
$21,500 at a three percent discount rate (rounded).
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    We expect the primary benefit of this rulemaking would be enhanced 
maritime domain awareness. This rule would provide assurance that OCS 
units communicate the necessary information to the Coast Guard. We also 
expect the proposed NOA requirements would provide the Coast Guard 
additional information and detail on the volume and type of traffic on 
the OCS.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612), we 
have considered whether this proposed rule would 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 governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard expects that the proposed rule will not have a 
significant economic impact on a substantial number of small entities.
    We estimate most affected owners and operators would be classified 
under one of the following North American Industry Classification 
System (NAICS) 6-digit codes: 211111--Crude Petroleum and Natural Gas 
Extraction, 336611--Ship Building and Repairing, or 333132--Oil and Gas 
Field Machinery and Equipment Manufacturing. According to the Small 
Business Administration (SBA) size standards, a company with NAICS code 
211111 or 333132 employing less than 500 employees or NAICS code 336611 
employing less than 1,000 employees is considered a small entity.
    As discussed elsewhere in this NPRM, we estimate that approximately 
95 percent of the affected OCS units under this rulemaking are foreign 
owned. The RFA clarifies that a small business is an entity organized 
for profit, with a place of business located in the United States, and 
that operates primarily within the United States or that makes a 
significant contribution to the U.S. economy through payment of taxes 
or use of American products, materials or labor. We anticipate the 
majority of affected entities are not located within the United States 
nor do they make a significant contribution through payment of U.S. 
taxes.
    We expect the proposed rule would not have a significant economic 
impact on any entities since the costs of this rulemaking are small and 
the cost burden per NOA submission is only about $18.
    We also investigated other types of data sources and information 
that would be useful to estimate the impacts of this rulemaking on 
small entities. For example, MODU units that operate on the OCS are 
capital intensive and have high day rates. The average day rate of 
floating rigs operating on the OCS may exceed $250,000.\6\ For 
expository purposes, we analyzed the annual cost-revenue impacts of 
this rulemaking on owners and operators of MODUs that have a Coast 
Guard Certificate of Compliance. Based on this information, we 
estimated that the small annual reporting cost of this rulemaking would

[[Page 29443]]

have no significant economic impact on the annual revenues of these 
owners and operators.
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    \6\ Source: https://www.rigzone.com/data/dayrates/ (2008).
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    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would not 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 rulemaking 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 rulemaking would economically 
affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can 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. James M. 
Magill, Vessel and Facility Operating Standards Division (CG-5222), 
telephone 202-372-1414. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). It would 
require a revision to an existing collection. The following is a 
summary of the burden associated with the revision.
    As defined in 5 CFR 1320.3(c), ``collection of information'' 
comprises reporting, recordkeeping, monitoring, posting, labeling, and 
other, similar actions. The title and description of the information 
collection, a description of those who must collect the information, 
and an estimate of the total annual burden follow. The estimate covers 
the time for reviewing instructions, searching existing sources of 
data, gathering and maintaining the data needed, and completing and 
reviewing the collection.
    This proposed rule would amend the collection of information 
requirements for vessel owners and operators. The rule would require 
modifying the burden in the previously approved collection under OMB 
Control Number 1625-0100.
    Title: Advance Notice of Arrival and Electronic Transmission of 
Vessel Transit Data.
    OMB Control Number: 1625-0100.
    Summary of the Collection of Information: The proposed rule would 
require vessel owners and operators to submit an advance notice of 
arrival electronically to the NVMC. This requirement would require a 
change in the previously approved OMB Collection 1625-0100 because it 
expands the NOA requirement to include units engaging in OCS 
activities.
    Proposed Use of Information: The Coast Guard would use the 
information to enhance maritime domain awareness.
    Description of the Respondents: The respondents are vessel owners 
and operators who arrive on the OCS from foreign ports and engage in 
OCS activities.
    Number of Respondents: The proposed rule would increase the number 
of respondents in this OMB-approved collection by no more than 144 
respondents. See the ``Regulatory Planning and Review'' section for 
more details on the respondents affected by this proposed rule.
    Frequency of Response: The proposed rule would increase the annual 
number of responses in this OMB-approved collection by no more than 144 
responses. OCS units such as MODUs and floating production facilities 
may stay on the OCS for long periods, such as a year or more, so we do 
not expect these units to have more than one NOA submittal per year.
    Burden of Response: We estimate the burden of this proposed rule to 
be the preparation and submission of the NOA. Based on discussion in 
the ``Regulatory Analysis'' section of this NPRM, we estimate that it 
would take 30 minutes to prepare and submit an NOA to the NVMC.
    Estimate of Total Annual Burden: The annual total burden of this 
proposed rule would be no more than 72 hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we will submit a copy of this proposed rule to the Office of 
Management and Budget (OMB) for review of the collection of 
information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 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.

G. Taking of Private Property

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

[[Page 29444]]

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.
    If you disagree with our analysis of the voluntary consensus 
standards listed above or are aware of voluntary consensus standards 
that might apply but are not listed, send a comment to the docket using 
one of the methods under ADDRESSES. In your comment, please explain why 
you disagree with our analysis and/or identify voluntary consensus 
standards we have not listed that might apply.

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. Therefore, this rule is categorically 
excluded, under section 2.B.2. Figure 2-1, paragraphs 34(a) and (d), of 
the Instruction and neither an environmental assessment nor an 
environmental impact statement is required. This proposed rule requires 
neither an environmental assessment nor an environmental impact 
statement because it merely outlines the procedures that owners or 
operators of floating facilities, mobile offshore drilling units, and 
vessels will follow in submitting notice of arrival information to the 
Coast Guard's National Vessel Movement Center. A preliminary 
``Environmental Analysis Check List'' supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. We 
seek any comments or information that may lead to discovery of a 
significant environmental impact from this proposed rule.

List of Subjects for 33 CFR Part 146

    Continental shelf, Marine safety, Occupational health and safety, 
Reporting and recordkeeping requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 146, as follows:

PART 146--OPERATIONS

    1. The authority citation for part 146 is revised to read as 
follows:

    Authority:  33 U.S.C. 1223,1226; 43 U.S.C. 1333, 1348, 1350, 
1356; Sec. 109, Pub. L. No. 109-347, 120 Stat. 1884; Department of 
Homeland Security Delegation No. 0170.1.

    2. Add Sec.  146.103 to read as follows:


Sec.  146.103  Safety and Security notice of arrival for U.S. floating 
facilities.

    (a) General. At least 96 hours before a U.S. floating facility 
arrives on the OCS, excluding those U.S. floating facilities arriving 
directly from a U.S. port or place to engage in OCS activities, the 
owner or operator of the floating facility, except as provided in 
paragraph (f) of this section, must submit the following information to 
the National Vessel Movement Center (NVMC):
    (1) The location, latitude and longitude, of the floating facility 
at the time the notice of arrival (NOA) is reported;
    (2) The area designation and block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the floating facility 
plans to perform OCS activities;
    (3) The floating facility's name, if any;
    (4) The date when OCS operations of the floating facility are 
expected to begin and end;
    (5) Names of the last two ports or places visited and the 
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of 
identification and number);
    (v) Position or duties on the floating facility; and
    (vi) Name of the port, or place, and country where the individual 
embarked.
    (7) The date of issuance of the floating facility's International 
Safety Management Certificate (ISM), if any, and Document of Compliance 
certificate and the name of the flag administration, or its recognized 
representative, that issued those certificates; and
    (8) The date of issuance of the floating facility's International 
Ship Security Certificate (ISSC), if any, and the name of the flag 
administration, or the recognized security organization representing 
the flag administration, that issued the ISSC.
    (b) Methods of submission. The notice must be submitted to the NVMC 
by electronic Notice of Arrival and Departure format using methods 
specified in the NVMC's Web site at https://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this 
section, whenever the most recently submitted NOA information becomes 
inaccurate, the owner or operator of a U.S. floating facility must 
revise and re-submit the NOA within the times required in paragraph (e) 
of this section. An owner or operator does not need to

[[Page 29445]]

revise or re-submit an NOA for the following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the 
floating facility at the time the NOA is reported; or
    (3) Changes to personnel positions or duties on the floating 
facility.
    (d) Required reporting time of an initial NOA. The owner or 
operator of a U.S. floating facility subject to this section must 
submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners or operators 
of a floating facility must submit an initial NOA at least 96 hours 
before the U.S. floating facility arrives at the OCS location where it 
plans to perform OCS activities; or
    (2) If the voyage time is less than 96 hours, owners and operators 
of a floating facility must submit an initial NOA at least 24 hours 
before the U.S. floating facility arrives at the OCS location where it 
plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. Each floating 
facility subject to this section must submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by 
24 hours or more from the current estimated time of arrival, the owner 
or operator of the floating facility must provide an updated NOA as 
soon as practicable but at least 24 hours before the U.S. floating 
facility arrives at the OCS location where it plans to perform OCS 
activities; or
    (2) If the most recently submitted NOA, or NOA update, differs by 
less than 24 hours from the current estimated time of arrival, the 
owner or operator of the floating facility must provide an update as 
soon as practicable but at least 12 hours before the U.S. floating 
facility arrives at the OCS location where it plans to perform OCS 
activities.
    (f) Towing vessels. When a towing vessel controls a U.S. floating 
facility required to submit an NOA under this subpart, the owner or 
operator of the towing vessel is responsible for submitting only one 
NOA containing the NOA information items required for the towing 
vessel, under Sec.  146.405, and the U.S. floating facility under 
paragraph (a) of this section.
    (g) This section does not apply to U.S. floating facilities merely 
transiting the waters superjacent to the OCS and not engaged in OCS 
activities.
    3. Add Sec.  146.104 to read as follows:


Sec.  146.104   Safety and Security notice of arrival for foreign 
floating facilities.

    (a) General. At least 96 hours before a foreign floating facility 
arrives on the OCS to engage in OCS activities, the owner or operator 
of the floating facility, except as provided in paragraph (f) of this 
section, must submit the following information to the National Vessel 
Movement Center (NVMC):
    (1) The location, latitude and longitude, of the foreign floating 
facility at the time the NOA is reported;
    (2) The area designation and block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the foreign floating 
facility plans to perform OCS activities;
    (3) The foreign floating facility's name, if any;
    (4) The date when OCS operations of the foreign floating facility 
are expected to begin and end;
    (5) Names of the last two ports or places visited and the 
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of 
identification and number);
    (v) Position or duties on the foreign floating facility; and
    (vi) Name of the port, or place, and country where the individual 
embarked.
    (7) The date of issuance of the foreign floating facility's 
International Safety Management Certificate (ISM), if any, and Document 
of Compliance certificate and the name of the flag administration, or 
its recognized representative, that issued those certificates; and
    (8) The date of issuance of the foreign floating facility's 
International Ship Security Certificate (ISSC), if any, and the name of 
the flag administration, or the recognized security organization 
representing the flag administration, that issued the ISSC.
    (b) Methods of submission. The notice must be submitted to the 
National Vessel Movement Center (NVMC) by electronic Notice of Arrival 
and Departure format using methods specified at the NVMC's Web site at 
https://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this 
section, whenever the most recently submitted NOA information becomes 
inaccurate, the owner or operator of the foreign floating facility must 
revise and re-submit the NOA within the times required in paragraph (e) 
of this section. An owner or operator does not need to revise or re-
submit an NOA for the following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the foreign 
floating facility at the time the NOA is reported; or
    (3) Changes to personnel positions or duties on the foreign 
floating facility.
    (d) Required reporting time of an initial NOA. The owner or 
operator of a foreign floating facility subject to this section must 
submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners or operators 
of a foreign floating facility must submit an initial NOA at least 96 
hours before the foreign floating facility arrives at the OCS location 
where it plans to perform OCS activities; or
    (2) If the voyage time is less than 96 hours, owners or operators 
of a foreign floating facility must submit an initial NOA at least 24 
hours before the foreign floating facility arrives at the OCS location 
where it plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or 
operator of a foreign floating facility subject to this section must 
submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by 
24 hours or more from the current estimated time of arrival, the owner 
or operator of the foreign floating facility must provide an updated 
NOA as soon as practicable but at least 24 hours before the floating 
facility arrives at the OCS location where it plans to perform OCS 
activities; or
    (2) If the most recently submitted NOA, or NOA update, differs by 
less than 24 hours from the current estimated time of arrival, the 
owner or operator of the foreign floating facility must provide an 
updated NOA as soon as practicable but at least 12 hours before the 
floating facility arrives at the OCS location where it plans to perform 
OCS activities.
    (f) Towing vessels. When a towing vessel controls a foreign 
floating facility required to submit an NOA under this subpart, the 
owner or operator of the towing vessel is responsible for submitting 
only one NOA containing the NOA information items required for the 
towing vessel, under Sec.  146.405, and the foreign floating facility 
under paragraph (a) of this section.
    (g) This section does not apply to a foreign floating facility 
merely transiting the waters superjacent to the OCS and not engaged in 
OCS activities.
    4. Add Sec.  146.215 to read as follows:

[[Page 29446]]

Sec.  146.215   Safety and Security notice of arrival for U.S. or 
Foreign MODUs.

    (a) General. At least 96 hours before a MODU arrives on the OCS to 
engage in OCS activities, excluding those U.S. MODUs arriving directly 
from a U.S. port or place, to engage in OCS activities, the owner or 
operator of the MODU, except as provided in paragraph (f) of this 
section, must submit the following information to the National Vessel 
Movement Center (NVMC):
    (1) The location, latitude and longitude, of the MODU at the time 
the notice of arrival (NOA) is reported;
    (2) The area designation and block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the MODU plans to 
perform OCS activities;
    (3) The MODU's name, if any;
    (4) The date when operations of the MODU are expected to begin and 
end;
    (5) Names of the last two ports or places visited and the 
associated dates of arrival and departure;
    (6) The following information for each individual onboard:
    (i) Full name;
    (ii) Date of birth;
    (iii) Nationality;
    (iv) Passport number or marine documentation number (type of 
identification and number);
    (v) Position or duties on the MODU; and
    (vi) Name of the port, or place, and country where the individual 
embarked.
    (7) The date of issuance of the MODU's International Safety 
Management Certificate (ISM), if any, and Document of Compliance 
certificate and the name of the flag administration, or its recognized 
representative, that issued those certificates; and
    (8) The date of issuance of the MODU's International Ship Security 
Certificate (ISSC), if any, and the name of the flag administration, or 
the recognized security organization representing the flag 
administration, that issued the ISSC.
    (b) Methods of submission. The notice must be submitted to the 
National Vessel Movement Center (NVMC) by electronic Notice of Arrival 
and Departure format using methods specified in the NVMC's Web site at 
https://www.nvmc.uscg.gov/.
    (c) Updates to a submitted NOA. Unless otherwise specified in this 
section, whenever the most recently submitted NOA information becomes 
inaccurate, the owner or operator of the MODU must revise and re-submit 
the NOA within the times required in paragraph (e) of this section. An 
owner or operator does not need to revise or re-submit an NOA for the 
following:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude or longitude, of the MODU at 
the time the NOA is reported; or
    (3) Changes to personnel positions or duties on the MODU.
    (d) Required reporting time of an initial NOA. The owner or 
operator of a MODU subject to this section must submit an initial NOA:
    (1) If the voyage time is more than 96 hours, owners and operators 
of a MODU must submit an initial NOA at least 96 hours before the MODU 
arrives at the OCS location where it plans to perform OCS activities; 
or
    (2) If the voyage time is less than 96 hours, owners and operators 
of a MODU must submit an initial NOA at least 24 hours before the MODU 
arrives at the OCS location where it plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or 
operator of a MODU subject to this section must submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by 
24 hours or more from the current estimated time of arrival, the owner 
or operator of the MODU must provide an updated NOA as soon as 
practicable but at least 24 hours before the MODU arrives at the OCS 
location where it plans to perform OCS activities; or
    (2) If the most recently submitted NOA, or NOA update, differs by 
less than 24 hours from the current estimated time of arrival, the 
owner or operator of the MODU must provide an updated NOA as soon as 
practicable but at least 12 hours before the MODU arrives at the OCS 
location where it plans to perform OCS activities.
    (f) When a towing vessel controls a MODU required to submit an NOA 
under this subpart, the owner or operator of the towing vessel is 
responsible for submitting only one NOA containing the information 
required for the towing vessel, under Sec.  146.405, and the MODU under 
paragraph (a) of this section.
    (g) This section does not apply to MODU's merely transiting the 
waters superjacent to the OCS and not engaged in OCS activities.
    5. Revise the heading in Subpart D to read as follows:

Subpart D--Vessels--Notice of Casualty

    6. Add Subpart E to read as follows:

Subpart E--Vessels--Safety and Security Notice of Arrival


Sec.  146.401   Applicability.

    This subpart applies to all U.S. and foreign vessels, except those 
U.S. vessels traveling directly from a U.S. port or place, bound for a 
place on the OCS and planning to engage in OCS activities. Vessels 
under this subpart include, but are not limited to, standby vessels, 
attending vessels, offshore vessels, pipelay vessels, derrick ships, 
diving support vessels, oceanographic research vessels, towing vessels, 
and accommodation vessels. This subpart does not apply to MODUs, which 
are covered under Sec.  146.215.


Sec.  146.405   Safety and Security notice of arrival for vessels 
arriving at a place on the OCS.

    (a) General. The owner or operator of each vessel subject to this 
section must submit an initial NOA to the National Vessel Movement 
Center (NVMC):
    (1) If the voyage time is more than 96 hours, at least 96 hours 
before the vessel arrives at a place on the OCS to engage in OCS 
activities;
    (2) If the voyage time is less than 96 hours and more than 24 
hours, before departure; or
    (3) If the voyage time is less than 24 hours, at least 24 hours 
before the vessel arrives at a place on the OCS.
    (b) Information required in an NOA. The following information is 
required for vessels submitting an NOA:
    (1) All the information specified in 33 CFR Table 160.206 with the 
exception of information required in item (2)(iii) and item (6). Vessel 
owners and operators should protect any personal information they 
gather in preparing notices for transmittal to the NVMC so as to 
prevent unauthorized disclosure of that information;
    (2) The Minerals Management Service (MMS) area and either the name 
of the place, the MMS block number, or the latitude and longitude of 
the place on the OCS to be visited; and
    (3) If any person onboard, including a crewmember, is not required 
to carry a passport for travel, then passport information required in 
Table 160.206, items (4)(iv) through (vi), and (5)(iv) through (vi), 
need not be provided for that person.
    (c) Updates to a submitted NOA. Unless otherwise specified in this 
section, whenever the most recently submitted NOA information becomes 
inaccurate, the owner or operator of that vessel must revise and re-
submit the NOA within the times required in paragraph (e) of this 
section. An owner or operator does not need to revise and re-submit an 
NOA for the following:

[[Page 29447]]

    (1) A change in submitted arrival time that is less than six hours;
    (2) Changes in the location, latitude and longitude, of the vessel 
at the time the NOA is reported; or
    (3) Changes to personnel positions or duties on the vessel.
    (d) Methods of submission. The notice must be submitted to the NVMC 
by electronic Notice of Arrival and Departure format using methods 
specified at the NVMC's Web site at https://www.nvmc.uscg.gov/.
    (e) Required reporting time of an NOA update. Each vessel subject 
to this section must submit an NOA update:
    (1) If the most recently submitted NOA, or NOA update, differs by 
24 hours or more from the current estimated time of arrival, the owner 
or operator of the vessel must provide an update as soon as practicable 
but at least 24 hours before the vessel arrives at the OCS location 
where it plans to perform OCS activities;
    (2) If the most recently submitted NOA, or NOA update, differs by 
less than 24 hours from the current estimated time of arrival, the 
owner or operator of the vessel must provide an update as soon as 
practicable but at least 12 hours before the vessel arrives at the OCS 
location where it plans to perform OCS activities; or
    (3) If the remaining voyage time is less than 24 hours, the owner 
or operator of the vessel must provide an update as soon as 
practicable, but at least 12 hours before the vessel arrives at a place 
on the OCS.
    (f) When a towing vessel controls a vessel required to submit an 
NOA under this subpart, the owner or operator of the towing vessel is 
responsible for submitting only one NOA containing the information 
required for the towing vessel and the vessel under its control.
    (g) This section does not apply to vessels merely transiting the 
waters superjacent to the OCS and not engaged in OCS activities.

    Dated: June 9, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-14584 Filed 6-19-09; 8:45 am]
BILLING CODE P