Notice of Arrival on the Outer Continental Shelf, 2254-2263 [2011-569]

Download as PDF 2254 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations E. Adding paragraph (e)(26)(ii)(B)(1)(v); and ■ F. Adding a new paragraph (e)(26)(ii)(B)(2) to read as follows: DEPARTMENT OF HOMELAND SECURITY § 199.4 33 CFR Part 146 ■ Coast Guard Basic program benefits. * * * * * (e) * * * (26) * * * (ii) * * * (B) * * * Additionally, Phase I studies may be approved on a case by case basis when the requirements below are met. (1) * * * (ii) Such treatments are NCI sponsored Phase I, Phase II or Phase III protocols; and * * * * * (iv) The institutional and individual providers are CHAMPUS authorized providers; and, (v) The requirements for Phase I protocols in paragraph (e)(26)(ii)(B)(2) of this section are met: (2) Requirements for Phase I protocols are: (i) Standard treatment has been or would be ineffective, does not exist, or there is no superior non-investigational treatment alternative; and, (ii) The available clinical or preclinical data provide a reasonable expectation that the treatment will be at least as effective as the noninvestigational alternative; and, (iii) The facility and personnel providing the treatment are capable of doing so by virtue of their experience, training, and volume of patients treated to maintain expertise; and, (iv) The referring physician has concluded that the enrollee’s participation in such a trial would be appropriate based upon the satisfaction of paragraphs (e)(26)(ii)(B)(2)(i) through (iii) of this section. * * * * * Dated: January 4, 2011. Patricia L. Toppings, OSD Federal Register, Liaison Officer, Department of Defense. srobinson on DSKHWCL6B1PROD with RULES [FR Doc. 2011–621 Filed 1–12–11; 8:45 am] BILLING CODE 5001–06–P [Docket No. USCG–2008–1088] RIN 1625–AB28 Notice of Arrival on the Outer Continental Shelf Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard revises its regulations on Outer Continental Shelf (OCS) Activities to enhance maritime domain safety and security awareness on the OCS by issuing regulations which will require notice of arrival for floating facilities, mobile offshore drilling units (MODUs), and vessels planning to engage in OCS activities. This final rule implements provisions of the Security and Accountability for Every Port Act of 2006 and increases overall maritime domain awareness by requiring owners or operators of United States and foreign flag floating facilities, MODUs, and vessels to submit notice of arrival information to the National Vessel Movement Center prior to engaging in OCS activities. DATES: This final rule is effective February 14, 2011. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2008–1088 and are available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG–2008–1088 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Mr. Kevin Pekarek, Vessel and Facility Operating Standards Division (CG–5222), Coast Guard; telephone 202– 372–1386, e-mail Kevin.Y.Pekarek2@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents for Preamble I. Abbreviations VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 II. Regulatory History III. Basis and Purpose IV. Background V. Discussion of Comments and Changes VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Abbreviations BOEMRE Bureau of Ocean Energy Management, Regulation and Enforcement. CFR Code of Federal Regulations. 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. OCSLA Outer Continental Shelf Lands Act. 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. 109–347, 120 Stat. 1884 (2006). U.S.C. United States Code. U.S.C.A. United States Code Annotated. II. Regulatory History On June 22, 2009, we published a notice of proposed rulemaking (NPRM) entitled Notice of Arrival (NOA) on the Outer Continental Shelf in the Federal Register (74 FR 29439). We received two sets of comments on the proposed rule prior to the close of the comment period. One additional set of comments was received after the close of the E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations comment period, responding to comments submitted earlier. No public meeting was requested and none was held. III. Basis and Purpose Congress and the President enacted the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Public Law 109–347, 120 Stat. 1884, on October 13, 2006. This rule is in response to Section 109 of the SAFE Port Act,1 which requires publication, within 180 days of enactment, of regulations that ‘‘update and finalize’’ NOA procedures for foreign vessels 2 on the OCS. As required by the SAFE Port Act, this final rule makes our regulations ‘‘consistent with information required under the Notice of Arrival § 160.206 of title 33, Code of Federal Regulations as in effect on the date of enactment of the Act.’’ It adds NOA requirements for foreign vessels on the OCS. It also extends those requirements to U.S. floating facilities, MODUs, and vessels arriving on, and engaging in, OCS activities from foreign ports or places, and moving from one OCS block area to another. In addition to implementing the SAFE Port Act and expanding NOA requirements, this rule enhances security by requiring U.S. and foreign vessels, floating facilities, and MODUs arriving on and engaging in OCS activities to report their arrival times and locations and information regarding the vessels, voyage, cargo, and crew. Such information is critical to maritime domain safety and security awareness and will enable the Coast Guard to more effectively prevent or respond to a safety or security concern on the OCS. srobinson on DSKHWCL6B1PROD with RULES IV. Background 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 1 33 U.S.C. 1223 note (West 2009). 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). 3 H.R. 4954, 152nd Cong. (2006). 2 As VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 Other Coast Guard NOA OCS Regulations, 33 CFR 146.202 The Coast Guard does, however, have existing OCS NOA regulations, which cover only MODUs. These were established on March 4, 1982, as part of a final rule entitled, Outer Continental Shelf Activities (47 FR 9366). The Outer Continental Shelf Activities rule was in response to enactment of the Outer Continental Shelf Lands Act Amendments of 1978 and impacted requirements for design, equipment, operations, manning, inspections, and investigations for facilities, vessels, and other units (domestic and foreign) engaged in OCS activities. However, the rule also had provisions specifically regarding MODUs. Those provisions ensured that foreign MODUs operating on the OCS meet the manning and safety standards comparable to those met by U.S. MODUs. A provision of that rule, 33 CFR 146.202, specifically addresses NOA and relocation of any MODU on the OCS. That section provides that an owner of any MODU engaged in OCS activities must, 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 must notify the District Commander before relocating the MODU. The purpose of 33 CFR 146.202 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 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 2255 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 section 109 of the SAFE Port Act and current NOA rules, the Coast Guard has determined that section 109 of the SAFE Port Act requires finalizing NOA OCS rules by adding to those requirements found at § 146.202 for MODUs. This new final rule is designed to be consistent with the NOA requirements of § 160.206 for vessels bound for, or departing from, ports, or places in the United States. This rulemaking is intended to comply with the section 109 mandate. It also extends 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 is essential for overall maritime domain safety and security awareness. Moreover, obtaining knowledge of all individuals, floating facilities, MODUs, 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. If the Coast Guard receives specific threat information for an area, the knowledge obtained from these requirements will enable it to know who is in the area, what they are doing, and how to contact them. In addition, if a floating facility, MODU, or vessel has an incident, the Coast Guard will be able to use this knowledge to better assess the potential impacts of the event, respond to it, and seek additional assistance in that or a nearby area when needed. E:\FR\FM\13JAR1.SGM 13JAR1 2256 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations V. Discussion of Comments and Changes The Coast Guard received two sets of comments from trade associations in response to the NPRM. The Coast Guard considered all comments filed. Below, we discuss in detail the public comments addressing issues raised in the NPRM and our responses to those comments. srobinson on DSKHWCL6B1PROD with RULES 1. Definition of ‘‘OCS Activity’’ and the Energy Policy Act Two separate commenters suggested that the definition of ‘‘OCS activity,’’ as used in the rule, be revised in light of amendments to the Outer Continental Shelf Lands Act (OCSLA), particularly those amendments created by Section 388 of the Energy Policy Act of 2005. Coast Guard Response. The definition of ‘‘OCS activity’’ is found in the regulations at 33 CFR 140.10. Section 140.10 defines ‘‘OCS activity’’ as ‘‘any offshore activity associated with exploration for, or development or production of, the minerals of the Outer Continental Shelf.’’ 33 CFR 140.10. This rulemaking was intended to implement the SAFE Port Act and not the Energy Policy Act of 2005, which permits leases, easements, or rights-of-way on the OCS for activities not otherwise authorized under other laws, including: (1) Exploration, development, production, or storage of oil or natural gas except in areas prohibited by a moratorium; (2) transportation of oil or natural gas, excluding shipping activities; (3) production, transportation, or transmission of energy from sources other than oil or gas; and (3) use of facilities for activities authorized under the Act. Energy Policy Act of 2005 section 388, Public Law 109–58, 119 Stat. 744. Because the goal of this rule was directed by the SAFE Port Act and was not to alter the definition of ‘‘OCS activity,’’ as established in Title 33 of the CFR, doing so would be beyond the scope of this rule. 2. NOAs for Moves Between OCS Locations One commenter asks that we either modify the rule to eliminate the need for NOAs for units moving between locations on the OCS or coordinate the processing of the NOA requirements with those regarding navigation safety (33 CFR 143.15) to reduce reporting burdens. A separate commenter asserts the opposite, stating that vessels must report their movements between OCS locations and ports and that this requirement should also include vessels that do not moor offshore. Coast Guard Response. Current regulations state that the owner must VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 notify the District Commander when a unit is relocated. The goal of the SAFE Port Act is to improve maritime and cargo security through enhanced layered defenses. Requiring revised NOAs each time there is a change in position furthers that goal. However, the Coast Guard believes it would be sufficient for an NOA to be required only when MODUs, floating facilities, and vessels arrive from a foreign port or place, or move a few miles from one OCS block area to another. OCS block areas are used by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOE)—formerly the Minerals Management Service—to facilitate management and leasing on the OCS. They vary in size depending on the OCS blocks the block areas contain. The OCSLA permits a maximum size for an OCS block of 5,760 acres (9 square miles). For example, a MODU, floating facility, or vessel moving within the Green Canyon block area would not have to submit a revised NOA; but if moving from Green Canyon to the Walker Ridge block area, a revised NOA would be required. Therefore, §§ 146.103(a), 146.104(a), 146.215(a), and 146.405(a)(1) have been revised to reflect this change. Definitions for ‘‘arrives on the OCS’’ and ‘‘OCS block areas’’ have been added as new §§ 146.102, 146.200, and 146.402. For the alternative suggestion of coordinating processing of the NOA requirements with those regarding navigation safety, this is not possible because the reports are for different functions and are sent to different offices. Coast Guard navigation safety requirements used for lights and warning devices to prevent collisions at sea are sent to the office of the District Commander. NOA requirements for maritime security are submitted to the National Vessel Movement Center office (NVMC). 3. Authorities One commenter questions the use of the Ports and Waterways Safety Act as an authority for this rule. That commenter notes that at the time the Coast Guard proposed the existing NOA rules in 33 CFR 160.206, this same commenter questioned the applicability of those rules to OCS facilities as a ‘‘port or place in the United States.’’ The commenter argues that our response to that comment indicates that we do not interpret OCS locations to be a ‘‘port or place in the United States’’ for purposes of the Ports and Waterways Safety Act. As such, the commenter says 33 U.S.C. 1223 and 1226 should not be listed as authorities. If they are included, they PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 ask the Coast Guard to clarify its understanding of OCS facilities under the Act. Coast Guard Response. 33 U.S.C. 1223 refers to ‘‘a port or place subject to the jurisdiction of the United States’’ (rather than a ‘‘port or place in the United States’’). Also, 33 U.S.C. 1226 provides authority to take actions to prevent or respond to acts of terrorism against individuals, vessels, or structures ‘‘subject to the jurisdiction of the United States.’’ 33 CFR 101.105 defines ‘‘waters subject to the jurisdiction of the U.S.’’ as including the following: ‘‘in respect to facilities located on the Outer Continental Shelf of the U.S., the waters superjacent thereto.’’ These provisions underscore the authority of the Ports and Waterways Safety Act in driving this rule, which establishes regulations requiring notice of arrival for United States and foreign flag floating facilities, MODUs, and vessels prior to engaging in OCS activities. 4. Use of Information Reported One commenter states that the information the Coast Guard requests with this rule, particularly in § 146.103(a)(6)(v), which requires reporting positions or duties for individuals on board floating facilities, will be used for other purposes, such as enforcement of cabotage (coastal trade and/or navigation) or OCS employment restrictions. This commenter requests that we remove this requirement. Coast Guard Response. The Coast Guard disagrees that this information is being requested for cabotage, OCS employment restrictions, or other nonNOA purposes. The information is being requested for security purposes and reflects existing NOA requirements in 33 CFR 160.206, as required by the SAFE Port Act. As noted, maintaining situational awareness is the foundation of a comprehensive security regime. This information will enable the Coast Guard to respond to emerging threats on the OCS through such mechanisms as critical notices to operators in the area that may be threatened. It will also improve maritime safety by enabling the Coast Guard to better protect mariners operating on the OCS. 5. Estimated Costs One commenter states that costs should be modified to eliminate the need for vessels moving between OCS locations to comply with NOA requirements. Coast Guard Response. As indicated above, we have clarified the need for NOAs when moving between OCS locations. Vessels moving between OCS block areas will still need to comply E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations with the NOA requirements. However, vessels moving from one location to another within the same OCS block area do not have to submit NOAs. 6. Information Collection One commenter suggests that the Coast Guard eliminate the need to report certain information regarding persons onboard the arriving vessels. Coast Guard Response. The Coast Guard disagrees with this recommendation. We request this information to comply with the SAFE Port Act (Table 160.206 item (4)(v)). 7. Coordinating With Other Rulemakings One commenter states that the rulemakings on OCS Notice of Arrival and the current development of notice of arrival and departure requirements should be coordinated. Coast Guard Response. The Coast Guard agrees and we have worked to ensure uniformity between this and other relevant rulemakings. srobinson on DSKHWCL6B1PROD with RULES 8. Making NOA Information Accessible One commenter states that some of the information reported under the NOA, though not information relating to crew personnel, should be publicly accessible and made available in realtime. In addition, the commenter states that all information submitted under this regulation should be accessible to Customs and Border Protection (CBP) and other Federal agencies. Coast Guard Response. General information about a vessel’s arrival or departure is normally made available by port authorities. Local harbor masters have access to this data and are good sources of information. In addition, such information is available to the public through such sources as http:// www.vesseltracker.com. More detailed information in an NOA will be released in accordance with the Freedom of Information Act, 5 U.S.C. 552. The Coast Guard already routinely shares this information with other Federal, State, and local agencies and coordinates with CBP. 9. Section 146.103—Vessels Under Tow One commenter believes any vessels, facilities, or MODUs under tow should provide separate NOAs from the towing vessel or offer an option for the ‘‘lead’’ towing vessel to submit a single NOA for the combined ‘‘tow.’’ Coast Guard Response. The Coast Guard agrees that the ‘‘lead’’ towing vessel could submit a single NOA for the entire ‘‘tow.’’ It is the responsibility of the owner or operator of the unit being towed to designate which towing VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 vessel, if there is more than one, is the ‘‘lead’’ towing vessel and is responsible for submitting the overall NOA. Section 146.103(f) has been revised to clarify that the ‘‘lead’’ towing vessel is responsible for submitting the overall NOA. Sections 146.104(f), 146.215(f), and 146.405(f) have also been revised to reflect this change. 10. Section 146.103—Reference to ‘‘Flag Administration’’ One commenter recommends that the Coast Guard remove § 146.103(a)(7) and (a)(8), which reference ‘‘flag administration’’ because that section is specific to U.S. floating facilities. Coast Guard Response. The Coast Guard agrees with this comment. Therefore, § 146.103(a)(7) and (a)(8) have been removed. 11. Section 146.103—Change in Delay for Updated NOA One commenter suggests the change in arrival time not requiring an updated NOA in this section be changed from 6 hours to 24 hours (§ 146.103(c)(1)). This commenter believes that there is no substantive difference in the risk posed by a delay of 24 hours versus a delay of 6 hours, given the remote locations and minimal direct threat. Coast Guard Response. The Coast Guard disagrees because the SAFE Port Act requires us to issue regulations consistent with the existing NOA regulations found in Title 33 of the CFR. Existing regulations in 33 CFR 160.208(b)(1) require vessels to submit revised NOAs if changes in arrival or departure times are more than 6 hours. 12. Section 146.103(c)(2) One commenter finds the wording in § 146.103(c)(2) confusing since the location of the floating facility would be known at the time the report is made. Coast Guard Response. The Coast Guard agrees and has revised § 146.103(c)(2) to read: ‘‘Changes in the location, latitude and longitude, of the floating facility from the location at the time the NOA was reported; or’’. The Coast Guard also made similar changes in § 146.104(c)(2), § 146.215(c)(2), and § 146.405(c)(2). 13. Section 146.103(d)(1) One commenter finds that § 146.103(d)(1) and (d)(2) provides an exception to the 96-hour reporting requirement created in § 146.103(a) and that paragraph (d)(1) is redundant with paragraph (a). Coast Guard Response. The Coast Guard agrees that paragraph (d)(1) is redundant, but it provides additional clarity by repeating this requirement PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 2257 and then breaking out the differing requirements when the voyage is more than 96 hours, as opposed to when the voyage is less than 96 hours. 14. Section 146.103(f)—Towing of a Facility/Vessel One commenter states that § 146.103(f) should be removed because it implies that the towing of a facility or vessel to an OCS location is an ‘‘OCS activity’’ as defined in 33 CFR 140.10. The same commenter asks that as an alternative to removing paragraph (f), we address the possibility that multiple towing vessels may be involved in the tow of a single facility/vessel and discuss how NOA requirements would be met for a facility/vessel arriving on the OCS via a heavy lift transport. Coast Guard Response. The Coast Guard does not believe that paragraph (f) should be removed. In 33 CFR 140.10, ‘‘OCS activity’’ is defined as ‘‘any offshore activity associated with exploration for, or development or production of, the minerals of the Outer Continental Shelf.’’ This is a broad definition that encompasses a towing vessel on the OCS towing a facility/ vessel on the OCS. The Coast Guard has exempted vessels, floating facilities, and MODUs that are merely transiting across the OCS and not engaging in OCS activities. However, as noted above, the Coast Guard agrees it is possible to have multiple towing vessels involved in the tow of a single facility/vessel. We believe it is the responsibility of the owner or operator of the unit being towed to designate which towing vessel will be the lead towing vessel, if there is more than one, and therefore responsible for submitting the overall NOA. 15. Section 146.103(g)—‘‘Superjacent’’ vs. ‘‘Superadjacent’’ One commenter recommends that the word ‘‘superjacent’’ be changed to ‘‘superadjacent’’ in § 146.103(g) for consistency within Title 33 and points to the definition of ‘‘waters subject to the jurisdiction of the U.S.’’ at 33 CFR 101.105. Coast Guard Response. The Coast Guard disagrees that ‘‘superjacent’’ should be changed to ‘‘superadjacent.’’ Title 33 of the U.S. Code uses ‘‘superjacent’’ and not ‘‘superadjacent.’’ We are using the word ‘‘superjacent’’ in order to be consistent with its use in both Title 33 and 33 CFR 101.105. 16. Section 146.215(a)(3)—Reporting the IMO Number One commenter states that the Coast Guard should also require MODUs to E:\FR\FM\13JAR1.SGM 13JAR1 2258 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 17. Section 146.215—Reporting ‘‘Position or Duties’’ One commenter states that the requirement for the description of ‘‘position or duties’’ of personnel on a facility or vessel (as required in § 146.215(a)(6)(v)) is irrelevant because the job descriptions of industrial personnel would be difficult for the Coast Guard to interpret. Coast Guard Response. The Coast Guard does not agree because the SAFE Port Act requires us to issue regulations consistent with the existing NOA regulations found in Title 33 of the CFR. Existing regulations in 33 CFR Subpart C Table 160.206 item (4)(v) require descriptions of positions or duties to be provided as part of an NOA. 18. Section 146.215—MODU NOA One commenter states that MODUs should not be required to submit anything other than a simple notice of arrival because they do not present the risk of being weaponized or of smuggling merchandise or individuals into the United States. Coast Guard Response. The Coast Guard does not agree. We believe that MODUs arriving on the OCS from abroad present the same security risk as OCS facilities and vessels. 19. Section 146.405—Interpreting ‘‘Arrives on the OCS’’ One commenter states that the phrase ‘‘arrives on the OCS’’ could be interpreted in more than one way and that the interpretation affects how the rule is applied. Coast Guard Response. The Coast Guard partially agrees that the phrase could be interpreted in more than one way. We have added § 146.102 to define ‘‘arrives on the OCS’’ to offer clarity to the issue. New §§ 146.200 and 146.402 have also been added to similarly clarify the use of the phrase in these subparts. srobinson on DSKHWCL6B1PROD with RULES 20. Section 146.405(b)(1)—Exceptions to NOA Information One commenter states that in § 146.405(b)(1), it was unclear why only item (2)(iii) of Table 160.206 was exempted and not items (2)(iv) through (2)(vi). Coast Guard Response. The Coast Guard agrees that items (2)(iv) through (2)(vi) should also be exempted and has revised § 146.405(b)(1) accordingly. The information in items (2)(iv) through (2)(vi) is not applicable and is not VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 VI. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Order. It requires an assessment of potential costs and benefits under section 6(a)(3) of that Order. Public comments on the NPRM are summarized in Part V of this publication. We received no public comments that would alter our assessment of the impacts discussed in the NPRM. We have adopted the assessment in the NPRM as final. See the ‘‘Regulatory Analyses’’ section of the NPRM for more details. A summary of the assessment follows. This rulemaking requires 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. 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 floating facilities, vessels, and MODUs operating on the OCS 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. Based on the arrival data and the reporting time and cost information, we estimate the annual cost of this rulemaking to industry to be $1,470 to $2,520 (non-discounted). We estimate the present value 10-year cost of this rulemaking to industry to be $10,300 to $17,700 at a 7 percent discount rate (rounded). We expect the primary benefit of this rulemaking would be enhanced situational awareness of activities on the OCS. This enhanced situational awareness would assist the Coast Guard in evaluating potential safety and security risks associated with these activities and assist the Coast Guard in managing resources used to regulate these activities and respond to incidents on the OCS. A. Regulatory Planning and Review This rule is a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review. The Office of Management and Budget has reviewed it under that 4 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]. required for MODUs and floating facilities and will not be required for vessels. report the IMO number in addition to the facility’s name. Coast Guard Response. The Coast Guard agrees and has modified § 146.215(a)(3) as requested. 21. Section 146.405(b)(1)—Cargo Declaration One commenter asserts that it is inappropriate to require a cargo declaration for NOAs as stated in § 146.405 since most vessels subject to this subpart would not require customs clearance. A separate commenter states the opposite, insisting that a cargo declaration form should be necessary whenever a foreign vessel transports cargo to and from a port and an OCS location. Coast Guard Response. In those instances where foreign flag vessels are transporting cargo to and from a U.S. port and a mineral extraction facility pursuant to OCSLA, the owners/ operators of those vessels are, in fact, required to submit cargo declaration forms pursuant to CBP regulations on vessel entry (as established under 19 U.S.C. 1434) and clearance (as established under 46 U.S.C. 60105). However, the Coast Guard agrees that it would be inappropriate for those vessels not otherwise required to submit a cargo declaration form to have to submit one for NOA purposes. Accordingly, we have revised § 146.405 to exempt item (8) from the information required in Table 160.206 for all vessels except those foreign flag vessels subject to the CBP regulations noted above. 22. Section 146.103 One commenter notes the language in new § 146.103 (a)(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.’’ The commenter points out that facilities are not sentient and, therefore, cannot plan activities on the OCS. Coast Guard Response. The Coast Guard agrees and has made the necessary changes in the regulatory text to clarify (in sections 146.103, 146.104 and 146.405). PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations B. Small Entities Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601–612), we have considered whether this 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. In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed rule would not have a significant economic impact on a substantial number of small entities. We received no public comments that would alter our certification in the NPRM. We have found no additional data or information that would change our findings in the NPRM. We have adopted the certification in the NPRM for this final rule. See the ‘‘Small Entity’’ section of the NPRM for additional details. We expect the 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. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. srobinson on DSKHWCL6B1PROD with RULES 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 rule so that they can better evaluate its effects on them and participate in the rulemaking. If the 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 Pekarek, Vessel and Facility Operating Standards Division (CG–5222); telephone 202–372–1386. 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 VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 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 rule calls 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 rule amends the collection of information requirements for owners and operators. The rule requires modifying the burden in the previously approved collection under OMB Control Number 1625–0100. Title: Advance Notice of Vessel Arrival. OMB Control Number: 1625–0100. Summary of the Collection of Information: The rule requires owners and operators of vessels, MODUs, and floating facilities to submit an advance notice of arrival electronically to the NVMC. This requires a change in the previously approved OMB Collection 1625–0100 because it expands the NOA requirement to include vessels, MODUs, and floating facilities engaging in OCS activities. This rule will not change the information collected in OMB Collection 1625–0100. This rule will expand the number of respondents to include owners and operators of vessels, MODUs, and floating facilities that engage 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 owners and operators of vessels, MODUs, and floating facilities which arrive on the OCS from foreign ports and engage in OCS activities. Number of Respondents: The rule increases 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 rule. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 2259 Frequency of Response: The rule increases 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 rule to be the preparation and submission of the NOA. Based on discussion in the ‘‘Regulatory Analysis’’ section of this final rule, 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 rule would be no more than 72 hours. As required by 44 U.S.C. 3507(d), we submitted a copy of the rule to the Office of Management and Budget (OMB) for its review of the collection of information. On December 9, 2010, OMB approved the revision (ICR Ref. No. 201012–1625–002) to OMB Control Number 1625–0100, which expires on December 31, 2013. The section numbers associated with the collection of information are: §§ 146.103, 146.104, 146.215 and 146.405. Our estimate of the total annual burden is unchanged from the proposed rule to this final rule. You are not required to respond to a collection of information unless it displays a currently valid OMB control number. 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 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 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 rule will not cause a taking of private property or otherwise have E:\FR\FM\13JAR1.SGM 13JAR1 2260 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. H. Civil Justice Reform M. Environment We have analyzed this rule under Department of Homeland Security Management 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 concluded 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 rule 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. This rule is procedural and concerns the documentation of vessels, falling under paragraphs 34(a) and (d) of the Instruction. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. I. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. K. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order. Though it is a ‘‘significant regulatory action’’ under Executive Order 12866, it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects for 33 CFR Part 146 Continental shelf, Marine safety, Occupational safety and health, Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 146, as follows: srobinson on DSKHWCL6B1PROD with RULES L. Technical Standards PART 146—OPERATIONS 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. ■ VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 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 § 146.102 to read as follows: § 146.102 Definitions. For the purpose of this subpart: Arrives on the OCS means when a floating facility enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act. OCS block area means the names given by the Bureau of Ocean Energy Management, Regulation and PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Enforcement (BOE) to define the OCS areas used to facilitate management or leasing on the OCS. U.S., as used in the term, ‘‘U.S. floating facility,’’ means a ‘‘floating facility,’’ that is registered, documented, or certificated under the laws of the United States or that is not registered, documented, or certificated under the laws of the United States or any other nation. ■ 3. Add § 146.103 to read as follows: § 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 from a foreign port or place or from a different OCS block area, 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, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of 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. (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 http://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 resubmit the NOA within the times required in paragraph (e) of this section. E:\FR\FM\13JAR1.SGM 13JAR1 srobinson on DSKHWCL6B1PROD with RULES Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 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 floating facility from the location at the time the NOA was 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 the owner or operator 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 the owner or operator plans to perform OCS activities. (e) Required reporting time of an update to an NOA. The owner or operator of 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 the owner or operator 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 the owner or operator 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, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the NOA information items required for the towing vessels, under § 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 VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 waters superjacent to the OCS and not engaged in OCS activities. ■ 4. Add § 146.104 to read as follows: § 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 from a foreign port or place or from a different OCS block area 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, block number or lease number, assigned under 30 CFR 250.154 for identification, where the owner or operator of 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 by electronic Notice of Arrival and Departure format using methods specified at the NVMC’s Web site at http://www.nvmc.uscg.gov/. (c) Updates to a submitted NOA. Unless otherwise specified in this section, whenever the most recently submitted NOA information becomes PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 2261 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 floating facility from the location at the time the NOA was 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 the owner or operator plans to perform OCS activities; or (2) If the voyage time is less than 96 hours, the owner or operator 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 the owner or operator 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 the owner or operator 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 owners or operators plan 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, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the NOA information items required for towing vessels, under § 146.405, and the E:\FR\FM\13JAR1.SGM 13JAR1 2262 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations 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. ■ 5. Add § 146.200 to subpart C to read as follows: § 146.200 Definitions. For the purpose of this subpart: Arrives on the OCS means when a MODU enters any OCS block area for the purpose of engaging in operations subject to the jurisdiction of the OCS Lands Act. OCS block area means the names given by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOE) to define the OCS areas used to facilitate management or leasing on the OCS. ■ 6. Add § 146.215 to subpart C to read as follows: srobinson on DSKHWCL6B1PROD with RULES § 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 from a foreign port or place or from a different OCS block area 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, block number or lease number, assigned under 30 CFR 250.154 for identification, where the MODU owner or operator plans to perform OCS activities; (3) The MODU’s name and IMO number, 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, VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 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 http://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 resubmit 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 MODUs from the location at the time the NOA was 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 the owner or operator 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 the owner or operator 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 the owner or operator plans to perform OCS activities; or PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (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 the owner or operator plans to perform OCS activities. (f) Towing vessels. When a towing vessel controls a MODU required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the information required for the towing vessels, under § 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. Subpart D—Vessels—Notice of Casualty 7. Revise the heading in Subpart D to read as set forth above. ■ 8. Add Subpart E to read as follows: ■ Subpart E—Vessels—Safety and Security Notice of Arrival Sec. 146.401 Applicability. 146.402 Definitions. 146.405 Safety and Security notice of arrival for vessels arriving at a place on the OCS. Subpart E—Vessels—Safety and Security Notice of Arrival § 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 supply 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 § 146.215; nor does it apply to floating facilities, which are covered under §§ 146.103 and 146.104. § 146.402 Definitions. For the purpose of this subpart: Arrives on the OCS means when a vessel enters any OCS block area to commence operations for which it has submitted a Notice of Arrival under § 146.405(b)(2). E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Rules and Regulations OCS block area means the names given by the Bureau of Ocean Energy Management, Regulation and Enforcement (BOE) to define the OCS areas used to facilitate management or leasing on the OCS. srobinson on DSKHWCL6B1PROD with RULES § 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 from a foreign port or place or from a different OCS block area 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 from the owners or operators of vessels submitting an NOA: (1) All the information specified in 33 CFR Table 160.206 with the exception of information required in items (2)(iii) through (2)(vi) and item (6). Item (8) is also not required except as pursuant to the laws on vessel entry (19 U.S.C. 1434) and clearance (46 U.S.C. 60105). 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 area in which they are conducting their operations. This area can be submitted as either the name of the places, the BOE block numbers, or the latitudes and longitudes of the places on the OCS where operations are being conducted; 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: (1) A change in submitted arrival time that is less than 6 hours; VerDate Mar<15>2010 16:12 Jan 12, 2011 Jkt 223001 (2) Changes in the location, latitude and longitude, of the vessel from the location at the time the NOA was 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 http://www.nvmc.uscg.gov/. (e) Required reporting time of an NOA update. The owner or operator of 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 the owner or operator 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 the owner or operator 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) Towing vessels. When a towing vessel controls a vessel required to submit an NOA under this subpart, the owner or operator of the towing vessel, or lead towing vessel if there is more than one, is responsible for submitting only one NOA containing the information required for the towing vessels 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: December 22, 2010. Robert J. Papp, Jr., Admiral, U.S. Coast Guard Commandant. [FR Doc. 2011–569 Filed 1–12–11; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 2263 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2010–0675; FRL–9250–8] Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Gopher Resource, LLC Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is approving a request submitted by the Minnesota Pollution Control Agency (MPCA) on July 29, 2010, to revise the Minnesota State Implementation Plan (SIP) for lead (Pb) under the Clean Air Act (CAA). The State has submitted a joint Title I/Title V document (joint document) in the form of Air Emission Permit No. 03700016–003, and has requested that the conditions laid out with the citation ‘‘Title I Condition: SIP for Lead NAAQS’’ replace an existing Administrative Order (Order) as the enforceable SIP conditions for Gopher Resource, LLC. The existing Order was approved by EPA on October 18, 1994. MPCA’s July 29, 2010, revisions were meant to satisfy the maintenance requirements for the 1978 Pb National Ambient Air Quality Standard (NAAQS), promulgated at 1.5 micrograms per cubic meter, or 1.5 μg/m3. DATES: This direct final rule will be effective March 14, 2011, unless EPA receives adverse comments by February 14, 2011. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2010–0675, by one of the following methods: 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312) 692–2551. 4. Mail: John Mooney, Chief, Attainment Planning and Maintenance Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: John Mooney, Chief, Attainment Planning and Maintenance Section (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Rules and Regulations]
[Pages 2254-2263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-569]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 146

[Docket No. USCG-2008-1088]
RIN 1625-AB28


Notice of Arrival on the Outer Continental Shelf

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard revises its regulations on Outer Continental 
Shelf (OCS) Activities to enhance maritime domain safety and security 
awareness on the OCS by issuing regulations which will require notice 
of arrival for floating facilities, mobile offshore drilling units 
(MODUs), and vessels planning to engage in OCS activities. This final 
rule implements provisions of the Security and Accountability for Every 
Port Act of 2006 and increases overall maritime domain awareness by 
requiring owners or operators of United States and foreign flag 
floating facilities, MODUs, and vessels to submit notice of arrival 
information to the National Vessel Movement Center prior to engaging in 
OCS activities.

DATES: This final rule is effective February 14, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1088 and are available for inspection or 
copying at the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2008-1088 in the ``Keyword'' box, and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. Kevin Pekarek, Vessel and Facility Operating 
Standards Division (CG-5222), Coast Guard; telephone 202-372-1386, e-
mail Kevin.Y.Pekarek2@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

BOEMRE Bureau of Ocean Energy Management, Regulation and Enforcement.
CFR Code of Federal Regulations.
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.
OCSLA Outer Continental Shelf Lands Act.
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. 109-347, 120 Stat. 1884 (2006).
U.S.C. United States Code.
U.S.C.A. United States Code Annotated.

II. Regulatory History

    On June 22, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Notice of Arrival (NOA) on the Outer Continental Shelf 
in the Federal Register (74 FR 29439). We received two sets of comments 
on the proposed rule prior to the close of the comment period. One 
additional set of comments was received after the close of the

[[Page 2255]]

comment period, responding to comments submitted earlier. No public 
meeting was requested and none was held.

III. Basis and Purpose

    Congress and the President enacted the Security and Accountability 
for Every Port Act of 2006 (SAFE Port Act), Public Law 109-347, 120 
Stat. 1884, on October 13, 2006. This rule is in response to Section 
109 of the SAFE Port Act,\1\ which requires publication, within 180 
days of enactment, of regulations that ``update and finalize'' NOA 
procedures for foreign vessels \2\ on the OCS. As required by the SAFE 
Port Act, this final rule makes our regulations ``consistent with 
information required under the Notice of Arrival Sec.  160.206 of title 
33, Code of Federal Regulations as in effect on the date of enactment 
of the Act.'' It adds NOA requirements for foreign vessels on the OCS. 
It also extends those requirements to U.S. floating facilities, MODUs, 
and vessels arriving on, and engaging in, OCS activities from foreign 
ports or places, and moving from one OCS block area to another. In 
addition to implementing the SAFE Port Act and expanding NOA 
requirements, this rule enhances security by requiring U.S. and foreign 
vessels, floating facilities, and MODUs arriving on and engaging in OCS 
activities to report their arrival times and locations and information 
regarding the vessels, voyage, cargo, and crew. Such information is 
critical to maritime domain safety and security awareness and will 
enable the Coast Guard to more effectively prevent or respond to a 
safety or security concern on the OCS.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

IV. Background

    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\
---------------------------------------------------------------------------

    \3\ H.R. 4954, 152nd Cong. (2006).
---------------------------------------------------------------------------

Other Coast Guard NOA OCS Regulations, 33 CFR 146.202

    The Coast Guard does, however, have existing OCS NOA regulations, 
which cover only MODUs. These were established on March 4, 1982, as 
part of a final rule entitled, Outer Continental Shelf Activities (47 
FR 9366). The Outer Continental Shelf Activities rule was in response 
to enactment of the Outer Continental Shelf Lands Act Amendments of 
1978 and impacted requirements for design, equipment, operations, 
manning, inspections, and investigations for facilities, vessels, and 
other units (domestic and foreign) engaged in OCS activities.
    However, the rule also had provisions specifically regarding MODUs. 
Those provisions ensured that foreign MODUs operating on the OCS meet 
the manning and safety standards comparable to those met by U.S. MODUs. 
A provision of that rule, 33 CFR 146.202, specifically addresses NOA 
and relocation of any MODU on the OCS. That section provides that an 
owner of any MODU engaged in OCS activities must, 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 must notify the District Commander before 
relocating the MODU. The purpose of 33 CFR 146.202 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 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 section 109 of the SAFE Port Act and current NOA 
rules, the Coast Guard has determined that section 109 of the SAFE Port 
Act requires finalizing NOA OCS rules by adding to those requirements 
found at Sec.  146.202 for MODUs. This new final rule is designed to be 
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 is intended to comply with the section 109 mandate. 
It also extends 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 
is essential for overall maritime domain safety and security awareness. 
Moreover, obtaining knowledge of all individuals, floating facilities, 
MODUs, 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. If the Coast Guard receives specific threat information for an 
area, the knowledge obtained from these requirements will enable it to 
know who is in the area, what they are doing, and how to contact them. 
In addition, if a floating facility, MODU, or vessel has an incident, 
the Coast Guard will be able to use this knowledge to better assess the 
potential impacts of the event, respond to it, and seek additional 
assistance in that or a nearby area when needed.

[[Page 2256]]

V. Discussion of Comments and Changes

    The Coast Guard received two sets of comments from trade 
associations in response to the NPRM. The Coast Guard considered all 
comments filed. Below, we discuss in detail the public comments 
addressing issues raised in the NPRM and our responses to those 
comments.

1. Definition of ``OCS Activity'' and the Energy Policy Act

    Two separate commenters suggested that the definition of ``OCS 
activity,'' as used in the rule, be revised in light of amendments to 
the Outer Continental Shelf Lands Act (OCSLA), particularly those 
amendments created by Section 388 of the Energy Policy Act of 2005.
    Coast Guard Response. The definition of ``OCS activity'' is found 
in the regulations at 33 CFR 140.10. Section 140.10 defines ``OCS 
activity'' as ``any offshore activity associated with exploration for, 
or development or production of, the minerals of the Outer Continental 
Shelf.'' 33 CFR 140.10. This rulemaking was intended to implement the 
SAFE Port Act and not the Energy Policy Act of 2005, which permits 
leases, easements, or rights-of-way on the OCS for activities not 
otherwise authorized under other laws, including: (1) Exploration, 
development, production, or storage of oil or natural gas except in 
areas prohibited by a moratorium; (2) transportation of oil or natural 
gas, excluding shipping activities; (3) production, transportation, or 
transmission of energy from sources other than oil or gas; and (3) use 
of facilities for activities authorized under the Act. Energy Policy 
Act of 2005 section 388, Public Law 109-58, 119 Stat. 744. Because the 
goal of this rule was directed by the SAFE Port Act and was not to 
alter the definition of ``OCS activity,'' as established in Title 33 of 
the CFR, doing so would be beyond the scope of this rule.

2. NOAs for Moves Between OCS Locations

    One commenter asks that we either modify the rule to eliminate the 
need for NOAs for units moving between locations on the OCS or 
coordinate the processing of the NOA requirements with those regarding 
navigation safety (33 CFR 143.15) to reduce reporting burdens. A 
separate commenter asserts the opposite, stating that vessels must 
report their movements between OCS locations and ports and that this 
requirement should also include vessels that do not moor offshore.
    Coast Guard Response. Current regulations state that the owner must 
notify the District Commander when a unit is relocated. The goal of the 
SAFE Port Act is to improve maritime and cargo security through 
enhanced layered defenses. Requiring revised NOAs each time there is a 
change in position furthers that goal. However, the Coast Guard 
believes it would be sufficient for an NOA to be required only when 
MODUs, floating facilities, and vessels arrive from a foreign port or 
place, or move a few miles from one OCS block area to another. OCS 
block areas are used by the Bureau of Ocean Energy Management, 
Regulation and Enforcement (BOE)--formerly the Minerals Management 
Service--to facilitate management and leasing on the OCS. They vary in 
size depending on the OCS blocks the block areas contain. The OCSLA 
permits a maximum size for an OCS block of 5,760 acres (9 square 
miles).
    For example, a MODU, floating facility, or vessel moving within the 
Green Canyon block area would not have to submit a revised NOA; but if 
moving from Green Canyon to the Walker Ridge block area, a revised NOA 
would be required. Therefore, Sec. Sec.  146.103(a), 146.104(a), 
146.215(a), and 146.405(a)(1) have been revised to reflect this change. 
Definitions for ``arrives on the OCS'' and ``OCS block areas'' have 
been added as new Sec. Sec.  146.102, 146.200, and 146.402.
    For the alternative suggestion of coordinating processing of the 
NOA requirements with those regarding navigation safety, this is not 
possible because the reports are for different functions and are sent 
to different offices. Coast Guard navigation safety requirements used 
for lights and warning devices to prevent collisions at sea are sent to 
the office of the District Commander. NOA requirements for maritime 
security are submitted to the National Vessel Movement Center office 
(NVMC).

3. Authorities

    One commenter questions the use of the Ports and Waterways Safety 
Act as an authority for this rule. That commenter notes that at the 
time the Coast Guard proposed the existing NOA rules in 33 CFR 160.206, 
this same commenter questioned the applicability of those rules to OCS 
facilities as a ``port or place in the United States.'' The commenter 
argues that our response to that comment indicates that we do not 
interpret OCS locations to be a ``port or place in the United States'' 
for purposes of the Ports and Waterways Safety Act. As such, the 
commenter says 33 U.S.C. 1223 and 1226 should not be listed as 
authorities. If they are included, they ask the Coast Guard to clarify 
its understanding of OCS facilities under the Act.
    Coast Guard Response. 33 U.S.C. 1223 refers to ``a port or place 
subject to the jurisdiction of the United States'' (rather than a 
``port or place in the United States''). Also, 33 U.S.C. 1226 provides 
authority to take actions to prevent or respond to acts of terrorism 
against individuals, vessels, or structures ``subject to the 
jurisdiction of the United States.'' 33 CFR 101.105 defines ``waters 
subject to the jurisdiction of the U.S.'' as including the following: 
``in respect to facilities located on the Outer Continental Shelf of 
the U.S., the waters superjacent thereto.'' These provisions underscore 
the authority of the Ports and Waterways Safety Act in driving this 
rule, which establishes regulations requiring notice of arrival for 
United States and foreign flag floating facilities, MODUs, and vessels 
prior to engaging in OCS activities.

4. Use of Information Reported

    One commenter states that the information the Coast Guard requests 
with this rule, particularly in Sec.  146.103(a)(6)(v), which requires 
reporting positions or duties for individuals on board floating 
facilities, will be used for other purposes, such as enforcement of 
cabotage (coastal trade and/or navigation) or OCS employment 
restrictions. This commenter requests that we remove this requirement.
    Coast Guard Response. The Coast Guard disagrees that this 
information is being requested for cabotage, OCS employment 
restrictions, or other non-NOA purposes. The information is being 
requested for security purposes and reflects existing NOA requirements 
in 33 CFR 160.206, as required by the SAFE Port Act. As noted, 
maintaining situational awareness is the foundation of a comprehensive 
security regime. This information will enable the Coast Guard to 
respond to emerging threats on the OCS through such mechanisms as 
critical notices to operators in the area that may be threatened. It 
will also improve maritime safety by enabling the Coast Guard to better 
protect mariners operating on the OCS.

5. Estimated Costs

    One commenter states that costs should be modified to eliminate the 
need for vessels moving between OCS locations to comply with NOA 
requirements.
    Coast Guard Response. As indicated above, we have clarified the 
need for NOAs when moving between OCS locations. Vessels moving between 
OCS block areas will still need to comply

[[Page 2257]]

with the NOA requirements. However, vessels moving from one location to 
another within the same OCS block area do not have to submit NOAs.

6. Information Collection

    One commenter suggests that the Coast Guard eliminate the need to 
report certain information regarding persons onboard the arriving 
vessels.
    Coast Guard Response. The Coast Guard disagrees with this 
recommendation. We request this information to comply with the SAFE 
Port Act (Table 160.206 item (4)(v)).

7. Coordinating With Other Rulemakings

    One commenter states that the rulemakings on OCS Notice of Arrival 
and the current development of notice of arrival and departure 
requirements should be coordinated.
    Coast Guard Response. The Coast Guard agrees and we have worked to 
ensure uniformity between this and other relevant rulemakings.

8. Making NOA Information Accessible

    One commenter states that some of the information reported under 
the NOA, though not information relating to crew personnel, should be 
publicly accessible and made available in real-time. In addition, the 
commenter states that all information submitted under this regulation 
should be accessible to Customs and Border Protection (CBP) and other 
Federal agencies.
    Coast Guard Response. General information about a vessel's arrival 
or departure is normally made available by port authorities. Local 
harbor masters have access to this data and are good sources of 
information. In addition, such information is available to the public 
through such sources as http://www.vesseltracker.com. More detailed 
information in an NOA will be released in accordance with the Freedom 
of Information Act, 5 U.S.C. 552. The Coast Guard already routinely 
shares this information with other Federal, State, and local agencies 
and coordinates with CBP.

9. Section 146.103--Vessels Under Tow

    One commenter believes any vessels, facilities, or MODUs under tow 
should provide separate NOAs from the towing vessel or offer an option 
for the ``lead'' towing vessel to submit a single NOA for the combined 
``tow.''
    Coast Guard Response. The Coast Guard agrees that the ``lead'' 
towing vessel could submit a single NOA for the entire ``tow.'' It is 
the responsibility of the owner or operator of the unit being towed to 
designate which towing vessel, if there is more than one, is the 
``lead'' towing vessel and is responsible for submitting the overall 
NOA. Section 146.103(f) has been revised to clarify that the ``lead'' 
towing vessel is responsible for submitting the overall NOA. Sections 
146.104(f), 146.215(f), and 146.405(f) have also been revised to 
reflect this change.

10. Section 146.103--Reference to ``Flag Administration''

    One commenter recommends that the Coast Guard remove Sec.  
146.103(a)(7) and (a)(8), which reference ``flag administration'' 
because that section is specific to U.S. floating facilities.
    Coast Guard Response. The Coast Guard agrees with this comment. 
Therefore, Sec.  146.103(a)(7) and (a)(8) have been removed.

11. Section 146.103--Change in Delay for Updated NOA

    One commenter suggests the change in arrival time not requiring an 
updated NOA in this section be changed from 6 hours to 24 hours (Sec.  
146.103(c)(1)). This commenter believes that there is no substantive 
difference in the risk posed by a delay of 24 hours versus a delay of 6 
hours, given the remote locations and minimal direct threat.
    Coast Guard Response. The Coast Guard disagrees because the SAFE 
Port Act requires us to issue regulations consistent with the existing 
NOA regulations found in Title 33 of the CFR. Existing regulations in 
33 CFR 160.208(b)(1) require vessels to submit revised NOAs if changes 
in arrival or departure times are more than 6 hours.

12. Section 146.103(c)(2)

    One commenter finds the wording in Sec.  146.103(c)(2) confusing 
since the location of the floating facility would be known at the time 
the report is made.
    Coast Guard Response. The Coast Guard agrees and has revised Sec.  
146.103(c)(2) to read: ``Changes in the location, latitude and 
longitude, of the floating facility from the location at the time the 
NOA was reported; or''. The Coast Guard also made similar changes in 
Sec.  146.104(c)(2), Sec.  146.215(c)(2), and Sec.  146.405(c)(2).

13. Section 146.103(d)(1)

    One commenter finds that Sec.  146.103(d)(1) and (d)(2) provides an 
exception to the 96-hour reporting requirement created in Sec.  
146.103(a) and that paragraph (d)(1) is redundant with paragraph (a).
    Coast Guard Response. The Coast Guard agrees that paragraph (d)(1) 
is redundant, but it provides additional clarity by repeating this 
requirement and then breaking out the differing requirements when the 
voyage is more than 96 hours, as opposed to when the voyage is less 
than 96 hours.

14. Section 146.103(f)--Towing of a Facility/Vessel

    One commenter states that Sec.  146.103(f) should be removed 
because it implies that the towing of a facility or vessel to an OCS 
location is an ``OCS activity'' as defined in 33 CFR 140.10. The same 
commenter asks that as an alternative to removing paragraph (f), we 
address the possibility that multiple towing vessels may be involved in 
the tow of a single facility/vessel and discuss how NOA requirements 
would be met for a facility/vessel arriving on the OCS via a heavy lift 
transport.
    Coast Guard Response. The Coast Guard does not believe that 
paragraph (f) should be removed. In 33 CFR 140.10, ``OCS activity'' is 
defined as ``any offshore activity associated with exploration for, or 
development or production of, the minerals of the Outer Continental 
Shelf.'' This is a broad definition that encompasses a towing vessel on 
the OCS towing a facility/vessel on the OCS. The Coast Guard has 
exempted vessels, floating facilities, and MODUs that are merely 
transiting across the OCS and not engaging in OCS activities.
    However, as noted above, the Coast Guard agrees it is possible to 
have multiple towing vessels involved in the tow of a single facility/
vessel. We believe it is the responsibility of the owner or operator of 
the unit being towed to designate which towing vessel will be the lead 
towing vessel, if there is more than one, and therefore responsible for 
submitting the overall NOA.

15. Section 146.103(g)--``Superjacent'' vs. ``Superadjacent''

    One commenter recommends that the word ``superjacent'' be changed 
to ``superadjacent'' in Sec.  146.103(g) for consistency within Title 
33 and points to the definition of ``waters subject to the jurisdiction 
of the U.S.'' at 33 CFR 101.105.
    Coast Guard Response. The Coast Guard disagrees that 
``superjacent'' should be changed to ``superadjacent.'' Title 33 of the 
U.S. Code uses ``superjacent'' and not ``superadjacent.'' We are using 
the word ``superjacent'' in order to be consistent with its use in both 
Title 33 and 33 CFR 101.105.

16. Section 146.215(a)(3)--Reporting the IMO Number

    One commenter states that the Coast Guard should also require MODUs 
to

[[Page 2258]]

report the IMO number in addition to the facility's name.
    Coast Guard Response. The Coast Guard agrees and has modified Sec.  
146.215(a)(3) as requested.

17. Section 146.215--Reporting ``Position or Duties''

    One commenter states that the requirement for the description of 
``position or duties'' of personnel on a facility or vessel (as 
required in Sec.  146.215(a)(6)(v)) is irrelevant because the job 
descriptions of industrial personnel would be difficult for the Coast 
Guard to interpret.
    Coast Guard Response. The Coast Guard does not agree because the 
SAFE Port Act requires us to issue regulations consistent with the 
existing NOA regulations found in Title 33 of the CFR. Existing 
regulations in 33 CFR Subpart C Table 160.206 item (4)(v) require 
descriptions of positions or duties to be provided as part of an NOA.

18. Section 146.215--MODU NOA

    One commenter states that MODUs should not be required to submit 
anything other than a simple notice of arrival because they do not 
present the risk of being weaponized or of smuggling merchandise or 
individuals into the United States.
    Coast Guard Response. The Coast Guard does not agree. We believe 
that MODUs arriving on the OCS from abroad present the same security 
risk as OCS facilities and vessels.

19. Section 146.405--Interpreting ``Arrives on the OCS''

    One commenter states that the phrase ``arrives on the OCS'' could 
be interpreted in more than one way and that the interpretation affects 
how the rule is applied.
    Coast Guard Response. The Coast Guard partially agrees that the 
phrase could be interpreted in more than one way. We have added Sec.  
146.102 to define ``arrives on the OCS'' to offer clarity to the issue. 
New Sec. Sec.  146.200 and 146.402 have also been added to similarly 
clarify the use of the phrase in these subparts.

20. Section 146.405(b)(1)--Exceptions to NOA Information

    One commenter states that in Sec.  146.405(b)(1), it was unclear 
why only item (2)(iii) of Table 160.206 was exempted and not items 
(2)(iv) through (2)(vi).
    Coast Guard Response. The Coast Guard agrees that items (2)(iv) 
through (2)(vi) should also be exempted and has revised Sec.  
146.405(b)(1) accordingly. The information in items (2)(iv) through 
(2)(vi) is not applicable and is not required for MODUs and floating 
facilities and will not be required for vessels.

21. Section 146.405(b)(1)--Cargo Declaration

    One commenter asserts that it is inappropriate to require a cargo 
declaration for NOAs as stated in Sec.  146.405 since most vessels 
subject to this subpart would not require customs clearance. A separate 
commenter states the opposite, insisting that a cargo declaration form 
should be necessary whenever a foreign vessel transports cargo to and 
from a port and an OCS location.
    Coast Guard Response. In those instances where foreign flag vessels 
are transporting cargo to and from a U.S. port and a mineral extraction 
facility pursuant to OCSLA, the owners/operators of those vessels are, 
in fact, required to submit cargo declaration forms pursuant to CBP 
regulations on vessel entry (as established under 19 U.S.C. 1434) and 
clearance (as established under 46 U.S.C. 60105). However, the Coast 
Guard agrees that it would be inappropriate for those vessels not 
otherwise required to submit a cargo declaration form to have to submit 
one for NOA purposes. Accordingly, we have revised Sec.  146.405 to 
exempt item (8) from the information required in Table 160.206 for all 
vessels except those foreign flag vessels subject to the CBP 
regulations noted above.

22. Section 146.103

    One commenter notes the language in new Sec.  146.103 (a)(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.'' The commenter points out that facilities are 
not sentient and, therefore, cannot plan activities on the OCS.
    Coast Guard Response. The Coast Guard agrees and has made the 
necessary changes in the regulatory text to clarify (in sections 
146.103, 146.104 and 146.405).

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    This rule is a significant regulatory action under section 3(f) of 
Executive Order 12866, Regulatory Planning and Review. The Office of 
Management and Budget has reviewed it under that Order. It requires an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order.
    Public comments on the NPRM are summarized in Part V of this 
publication. We received no public comments that would alter our 
assessment of the impacts discussed in the NPRM. We have adopted the 
assessment in the NPRM as final. See the ``Regulatory Analyses'' 
section of the NPRM for more details. A summary of the assessment 
follows.
    This rulemaking requires 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.
    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 floating 
facilities, vessels, and MODUs operating on the OCS 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.
---------------------------------------------------------------------------

    \4\ 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].
---------------------------------------------------------------------------

    Based on the arrival data and the reporting time and cost 
information, we estimate the annual cost of this rulemaking to industry 
to be $1,470 to $2,520 (non-discounted). We estimate the present value 
10-year cost of this rulemaking to industry to be $10,300 to $17,700 at 
a 7 percent discount rate (rounded).
    We expect the primary benefit of this rulemaking would be enhanced 
situational awareness of activities on the OCS. This enhanced 
situational awareness would assist the Coast Guard in evaluating 
potential safety and security risks associated with these activities 
and assist the Coast Guard in managing resources used to regulate these 
activities and respond to incidents on the OCS.

[[Page 2259]]

B. Small Entities

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612), we 
have considered whether this 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.
    In the NPRM, we certified under 5 U.S.C. 605(b) that the proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. We received no public comments that would 
alter our certification in the NPRM. We have found no additional data 
or information that would change our findings in the NPRM. We have 
adopted the certification in the NPRM for this final rule. See the 
``Small Entity'' section of the NPRM for additional details.
    We expect the 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.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the 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 Pekarek, Vessel and 
Facility Operating Standards Division (CG-5222); telephone 202-372-
1386. 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 rule calls 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 rule amends the collection of information requirements for 
owners and operators. The rule requires modifying the burden in the 
previously approved collection under OMB Control Number 1625-0100.
    Title: Advance Notice of Vessel Arrival.
    OMB Control Number: 1625-0100.
    Summary of the Collection of Information: The rule requires owners 
and operators of vessels, MODUs, and floating facilities to submit an 
advance notice of arrival electronically to the NVMC. This requires a 
change in the previously approved OMB Collection 1625-0100 because it 
expands the NOA requirement to include vessels, MODUs, and floating 
facilities engaging in OCS activities.
    This rule will not change the information collected in OMB 
Collection 1625-0100. This rule will expand the number of respondents 
to include owners and operators of vessels, MODUs, and floating 
facilities that engage 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 owners and 
operators of vessels, MODUs, and floating facilities which arrive on 
the OCS from foreign ports and engage in OCS activities.
    Number of Respondents: The rule increases 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 rule.
    Frequency of Response: The rule increases 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 rule to be the 
preparation and submission of the NOA. Based on discussion in the 
``Regulatory Analysis'' section of this final rule, 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 
rule would be no more than 72 hours.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the rule 
to the Office of Management and Budget (OMB) for its review of the 
collection of information. On December 9, 2010, OMB approved the 
revision (ICR Ref. No. 201012-1625-002) to OMB Control Number 1625-
0100, which expires on December 31, 2013. The section numbers 
associated with the collection of information are: Sec. Sec.  146.103, 
146.104, 146.215 and 146.405. Our estimate of the total annual burden 
is unchanged from the proposed rule to this final rule.
    You are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

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 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 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 rule will not cause a taking of private property or otherwise 
have

[[Page 2260]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order. Though it is a ``significant 
regulatory action'' under Executive Order 12866, it 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 rule 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. This rule is procedural and concerns the documentation of 
vessels, falling under paragraphs 34(a) and (d) of the Instruction. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects for 33 CFR Part 146

    Continental shelf, Marine safety, Occupational safety and health, 
Reporting and recordkeeping requirements, Vessels.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 146, as follows:

PART 146--OPERATIONS

0
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.


0
2. Add Sec.  146.102 to read as follows:


Sec.  146.102  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a floating facility enters any OCS 
block area for the purpose of engaging in operations subject to the 
jurisdiction of the OCS Lands Act.
    OCS block area means the names given by the Bureau of Ocean Energy 
Management, Regulation and Enforcement (BOE) to define the OCS areas 
used to facilitate management or leasing on the OCS.
    U.S., as used in the term, ``U.S. floating facility,'' means a 
``floating facility,'' that is registered, documented, or certificated 
under the laws of the United States or that is not registered, 
documented, or certificated under the laws of the United States or any 
other nation.

0
3. 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 from a foreign port or place or from a different OCS 
block area, 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, block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the owner or operator of 
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.
    (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 http://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.

[[Page 2261]]

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 
floating facility from the location at the time the NOA was 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 the 
owner or operator 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 the 
owner or operator plans to perform OCS activities.
    (e) Required reporting time of an update to an NOA. The owner or 
operator of 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 the owner or operator 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 the owner or operator 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, or lead towing vessel if there is more 
than one, is responsible for submitting only one NOA containing the NOA 
information items required for the towing vessels, 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.

0
4. 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 from a foreign port or place or from a different OCS 
block area 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, block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the owner or operator of 
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 by electronic Notice of Arrival and 
Departure format using methods specified at the NVMC's Web site at 
http://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 
floating facility from the location at the time the NOA was 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 the owner or operator plans to perform OCS activities; or
    (2) If the voyage time is less than 96 hours, the owner or operator 
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 the owner or operator 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 the owner or operator 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 owners or operators 
plan 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, or lead towing vessel if there 
is more than one, is responsible for submitting only one NOA containing 
the NOA information items required for towing vessels, under Sec.  
146.405, and the

[[Page 2262]]

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.

0
5. Add Sec.  146.200 to subpart C to read as follows:


Sec.  146.200  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a MODU enters any OCS block area for 
the purpose of engaging in operations subject to the jurisdiction of 
the OCS Lands Act.
    OCS block area means the names given by the Bureau of Ocean Energy 
Management, Regulation and Enforcement (BOE) to define the OCS areas 
used to facilitate management or leasing on the OCS.

0
6. Add Sec.  146.215 to subpart C to read as follows:


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 
from a foreign port or place or from a different OCS block area 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, block number or lease number, assigned 
under 30 CFR 250.154 for identification, where the MODU owner or 
operator plans to perform OCS activities;
    (3) The MODU's name and IMO number, 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 
http://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 and longitude, of the MODUs 
from the location at the time the NOA was 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 the owner or operator 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 the owner or operator 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 the owner or operator 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 the owner or operator plans to perform OCS activities.
    (f) Towing vessels. When a towing vessel controls a MODU required 
to submit an NOA under this subpart, the owner or operator of the 
towing vessel, or lead towing vessel if there is more than one, is 
responsible for submitting only one NOA containing the information 
required for the towing vessels, 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.

Subpart D--Vessels--Notice of Casualty

0
7. Revise the heading in Subpart D to read as set forth above.

0
8. Add Subpart E to read as follows:

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

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

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 supply 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; nor does it apply to 
floating facilities, which are covered under Sec. Sec.  146.103 and 
146.104.


Sec.  146.402  Definitions.

    For the purpose of this subpart:
    Arrives on the OCS means when a vessel enters any OCS block area to 
commence operations for which it has submitted a Notice of Arrival 
under Sec.  146.405(b)(2).

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    OCS block area means the names given by the Bureau of Ocean Energy 
Management, Regulation and Enforcement (BOE) to define the OCS areas 
used to facilitate management or leasing on the OCS.


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 from a foreign port or 
place or from a different OCS block area 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 from the owners or operators of vessels submitting an NOA:
    (1) All the information specified in 33 CFR Table 160.206 with the 
exception of information required in items (2)(iii) through (2)(vi) and 
item (6). Item (8) is also not required except as pursuant to the laws 
on vessel entry (19 U.S.C. 1434) and clearance (46 U.S.C. 60105). 
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 area in which they are conducting their operations. This 
area can be submitted as either the name of the places, the BOE block 
numbers, or the latitudes and longitudes of the places on the OCS where 
operations are being conducted; 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:
    (1) A change in submitted arrival time that is less than 6 hours;
    (2) Changes in the location, latitude and longitude, of the vessel 
from the location at the time the NOA was 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