National Preparedness for Response Exercise Program (PREP) Guidelines, 10704-10710 [2015-04160]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10704-10710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04160]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2011-1178]


National Preparedness for Response Exercise Program (PREP) 
Guidelines

AGENCY: Coast Guard, DHS.

ACTION: Notice and request for comment.

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

SUMMARY: The U.S. Coast Guard (USCG) announces that the updated draft 
PREP Guidelines are available for public comment. The USCG is 
publishing this notice on behalf of the National Scheduling 
Coordination Committee (NSCC), which is comprised of representatives 
from the USCG; Environmental Protection Agency (EPA); Pipeline and 
Hazardous Materials Safety Administration (PHMSA) under the Department 
of Transportation (DOT); and the Bureau of Safety and Environmental 
Enforcement (BSEE) under the Department of the Interior (DOI).

DATES: Comments must reach USCG by April 28, 2015.

ADDRESSES: You may submit comments and additional materials, identified 
by USCG docket number USCG-2011-1178, using any one of the following 
methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these methods.

FOR FURTHER INFORMATION CONTACT: 
    For USCG: Mr. Jonathan Smith, Office of Marine Environmental 
Response Policy, 202-372-2675.
    For BSEE: Mr. John Caplis, Oil Spill Preparedness Division, 703-
787-1364.

[[Page 10705]]

    For EPA: Mr. Troy Swackhammer, Office of Emergency Management, 
Regulation and Implementation Division, 202-564-1966.
    For PHMSA: Mr. Eddie Murphy, Office of Pipeline Safety, 202-366-
4595.
    For questions on viewing or submitting material to the docket: Ms. 
Cheryl Collins, Program Manager, DOT Docket Operations, 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    We encourage you to participate in the revision of the PREP 
Guidelines by submitting comments and related materials. All comments 
received will be posted without change to https://www.regulations.gov 
and will include any personal information you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number (USCG-2011-1178), indicate the specific section of the 
PREP Guidelines to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to https://www.regulations.gov, 
type ``USCG-2011-1178'' in the search box, and click ``Search.'' Then 
click ``Comment Now!'' on the appropriate line. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the DOT Facility, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period.
    Viewing comments and documents: To view comments as well as 
documents mentioned in this notice as being available in the docket, go 
to https://www.regulations.gov, type ``USCG-2011-1178'' and click 
``Search.'' Then click the ``Open Docket Folder.'' Additional relevant 
comments are available in docket BSEE-2014-0003 and may be viewed 
online using the same procedure as for docket USCG-2011-1178. If you do 
not have access to the Internet, you may view the docket online by 
visiting the Docket Management Facility in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, 
DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. We have an agreement with the DOT to use the Docket 
Management Facility.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act and system of records notice regarding our public dockets 
in the January 17, 2008, issue of the Federal Register (73 FR 3316).
    Public meeting: We do not currently plan to hold a public meeting, 
but you may request one using any of the methods listed under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that a public meeting would aid the 
revision of the PREP Guidelines, we will hold one at a time and place 
announced by a later notice in the Federal Register.

II. Acronyms

ACP Area Contingency Plan
AMPD Average Most Probable Discharge
APC Alternative Planning Criteria
BSEE Bureau of Safety and Environmental Enforcement
CFR Code of Federal Regulations
DOI Department of the Interior
DOT Department of Transportation
EPA Environmental Protection Agency
FOSC Federal On-Scene Coordinator
FPSO Floating Production, Storage, and Offloading
FR Federal Register
GIUE Government-Initiated Unannounced Exercise
GRPs Geographic Response Plans
GRS Geographic Response Strategies
HSEEP Homeland Security Exercise and Evaluation Program
IMT Incident Management Team
MFF Marine Firefighting
MMPD Maximum Most Probable Discharge
MOA Memorandum of Agreement
MODU Mobile Offshore Drilling Unit
MOU Memorandum of Understanding
NRT National Response Team
NSCC National Scheduling Coordination Committee
NTV Nontank Vessels
OPA 90 Oil Pollution Act of 1990
OSPD Oil Spill Preparedness Division
OSRO Oil Spill Removal Organization
OSRP Oil Spill Response Plan
PHMSA Pipeline and Hazardous Materials Safety Administration
PREP Preparedness for Response Exercise Program
QI Qualified Individual
SMFF Salvage and Marine Firefighting
SMT Spill Management Team
SONS Spill of National Significance
TTX Tabletop Exercise
USCG U.S. Coast Guard
VRP Vessel Response Plan
WCD Worst Case Discharge

III. Background

    On February 22, 2012, the USCG, on behalf of the NSCC, invited 
comments and suggestions for updating the PREP Guidelines (77 FR 
10542). The NSCC received public comments in docket number USCG-2011-
1178, and those comments can be viewed online as described in the 
``Public Participation'' section earlier in this document. After 
considering those comments, the NSCC issued a draft update to the PREP 
Guidelines. The NSCC also issued a notice (79 FR 16363, March 24, 2014) 
that announced the availability of the draft update to the PREP 
Guidelines, invited comment on the draft, and provided responses to the 
comments received in docket USCG-2011-1178. That second notice (79 FR 
16363) was published as a BSEE-issued document in docket BSEE-2014-
0003. The NSCC has considered the comments received in docket BSEE-
2014-0003, and today announces the availability of an updated draft, 
invites public comment on the updated draft, and responds to comments 
received in the BSEE docket in response to the March 24, 2014, notice. 
Although this document responds to comments received in the BSEE 
docket, all further comments should be directed to the docket USCG-
2011-1178.\1\ The NSCC does not plan to use other dockets for this 
revision of the PREP Guidelines.
---------------------------------------------------------------------------

    \1\ On July 16, 2014, BSEE published a notice indicating that an 
updated draft would be made available for public comment in the 
original USCG docket, USCG-2011-1178 (79 FR 41592).
---------------------------------------------------------------------------

IV. Summary of Comments and Changes

    When BSEE, on behalf of the NSCC, requested public review of the 
first updated draft PREP Guidelines in its March 2014 notice, BSEE 
received 83 comments from government agencies, regulated communities, 
private industry, and non-governmental organizations. All of the 
comments received are posted on https://www.regulations.gov, under 
docket number BSEE-2014-0003. This document summarizes and responds to 
those comments that were within the scope of the proposed update.
    The NSCC has incorporated numerous changes to the draft PREP 
Guidelines document as a result of these public comments, and has also 
updated the document to reflect other new planning requirements such as 
the recent regulatory requirements relating to

[[Page 10706]]

nontank vessels (NTVs). In the following sections, we summarize the 
comments that the NSCC received and the changes it has made to the 
revised update of the PREP Guidelines.

A. Summary of Changes

    Definitions and Terminology: The NSCC has changed certain exercise-
related terms in order to harmonize PREP with other national-level 
exercise programs. In particular, the term ``Spill Management Team 
(SMT)'' has been replaced by the term ``Incident Management Team 
(IMT).'' The term ``Tabletop Exercise (TTX)'' has been removed from the 
PREP terminology and will now simply be referred to as an exercise. For 
example, an SMT TTX will now be called an IMT exercise.
    Salvage and Marine Firefighting (SMFF) Additions: The draft PREP 
Guidelines now include guidance for including SMFF providers and 
equipment into a plan holder's exercise program, in response to 
regulatory requirements at 33 Code of Federal Regulations (CFR) 
155.4052. These updates appear throughout the Guidelines in applicable 
sections.
    NTV Additions: The PREP Guidelines now include guidance for 
exercises for NTV response plans, in response to regulatory 
requirements at 33 CFR 155.5060.
    Use of Alternative Worst Case Discharges (WCD) Scenarios during IMT 
Exercises: The draft Guidelines have been revised to allow for 
alternative WCD scenarios to be exercised. Some Facilities and Complex 
Facilities have more than one possible WCD, for example a storage tank 
and a pipeline section. Such plan holders are encouraged to consider 
adverse environmental impacts and to exercise more than just their 
largest volume WCD scenario.
    Exercise Frequency: The draft Guidelines have been updated to 
ensure consistency among NSCC agencies regarding the frequency of 
equipment deployment exercises. In particular, the frequency of 
deployment exercises for equipment that is owned by the facility, 
operated by Oil Spill Removal Organizations (OSROs), and listed in EPA-
regulated plans has been changed from annually to semi-annually. This 
change will ensure the readiness of equipment that is not regularly 
used in actual spill response operations.
    Oil Spill Surveillance and Tracking Systems: USCG and BSEE 
regulations require plan holders to ensure available resources for oil 
spill surveillance and tracking. The PREP Guidelines establish a list 
of the types of equipment to be exercised during internal deployment 
exercises. This latest version of the Guidelines specifically 
identifies oil spill surveillance and tracking systems as a type of 
response equipment to be exercised during internal equipment deployment 
exercises in order to test the plan holders abilities to effectively 
support and direct other response activities and equipment, such as the 
use of dispersants, in-situ burning, mechanical recovery, shoreline 
protection, or wildlife recovery.
    Area-level Exercise Cycle: The exercise frequency for Area-level 
exercises has been changed from three to four years. This change 
applies only to the Area-level exercise cycle and does not change an 
industry plan holder's exercise cycle as recommended in the draft PREP 
Guidelines, nor does it change the frequency of any industry plan 
holder exercises required by any oil spill planning regulations.

B. Summary of Comments and Responses

General Comments
    Additional Time to Review the Guidelines: One commenter asked for 
an extended review period as they were not aware of the previous 
posting of the Guidelines in the Federal Register.
    Response: In addition to the comment in the docket, the NSCC has 
received numerous comments through other channels requesting additional 
time to review the Guidelines. This version of the Guidelines is being 
released today for public comment by the NSCC for a period of sixty 
days to accommodate the numerous requests.
    Aligning PREP Terminology and Processes with Other National 
Exercise Programs: Three commenters recommended aligning the PREP 
Guidelines with various elements of the Homeland Security Exercise and 
Evaluation Program (HSEEP).
    Response: The NSCC has decided to adopt certain terminology from 
HSEEP in order to better align the two programs, especially where HSEEP 
terms are more reflective of the lexicon used today within the National 
Incident Management System. As a result, the term ``SMT'' has been 
replaced by the term ``IMT.'' The term ``TTX'' has also been replaced 
with the term ``exercise.'' Recommendations for replacing other terms, 
such as changing deployment ``exercises'' to ``drills,'' were not 
adopted because the NSCC did not want to introduce confusion by 
changing established, recognized terms. The NSCC also did not believe 
it was within the scope of the existing PREP mandate under OPA90 to 
completely adopt the HSEEP exercise design and evaluation processes. 
While the NSCC would encourage plan holders to consider adopting 
various HSEEP best practices, HSEEP procedures are currently not 
required by any of the Oil Pollution Act of 1990 (OPA90) implementing 
regulations established by the NSCC member agencies.
    Unified Command during PREP Exercises: One commenter stated that 
the definition of Unified Command in the PREP Guidelines was too broad 
and should be more constrained to agencies with primary jurisdiction in 
the incident.
    Response: The National Response Team (NRT) states in its Technical 
Assistance Document on Unified Command that for entities to be 
considered for inclusion within a Unified Command, they should have 
authority or functional responsibility for an area of responsibility 
that may be affected by an incident, as well as authority to command, 
coordinate, or manage a major aspect of the response. The NSCC has 
clarified the language within the definition to more closely align with 
the NRT guidance.
    Use of the Acronym ``OSRO'' in PREP Terminology: One commenter 
stated that the acronym ``OSRO'' was being used for two different terms 
and definitions, i.e., ``Oil Spill Removal Organization'' and ``Oil 
Spill Response Organization,'' which can create confusion.
    Response: The NSCC has removed the definition for Oil Spill 
Response Organization from the Guidelines. The acronym ``OSRO'' now 
only refers to an Oil Spill Removal Organization as defined in this 
latest version of the draft PREP Guidelines.
    Use of Electronic Messaging for Qualified Individual (QI) 
Notification Exercises (Section 2): One commenter requested that 
electronic messaging be allowed as a primary means for notifying QIs of 
a spill.
    Response: The NSCC has reviewed the language within the draft PREP 
Guidelines and has determined that the language will remain the same. 
The NSCC determined that voice should remain the primary means of 
communication because it quickly confirms that the notification has 
been received, and allows for immediate questions that may save time in 
emergencies; however, electronic messaging is an acceptable alternative 
if voice is unavailable. Confirmation of notification must be received 
with any communication method.
    Equipment Deployment Exercises and Lessons Learned Regarding 
Equipment Performance: One commenter noted a concern regarding the 
conditions under

[[Page 10707]]

which equipment deployment exercises are conducted, as well as the lack 
of mechanisms in place to capture field deployment information. This 
commenter recommended that the USCG and BSEE develop a standard system 
to evaluate the performance of spill response equipment under a range 
of environmental conditions and capture that information in a lessons 
learned database.
    Response: The primary purpose of the PREP Guidelines is to provide 
guidance to industry on oil spill response exercises as required by OPA 
90. The collection of information concerning the performance of spill 
response equipment in a database is outside the scope of these 
Guidelines.
    Dispersant-Related Objectives during PREP Exercises: One commenter 
submitted an extensive set of recommendations regarding the need to 
incorporate more specific dispersant-related objectives in unannounced, 
deployment, IMT, and Area-level exercises.
    Response: Both BSEE and USCG regulations have requirements 
concerning dispersant capabilities for many of their plan holders. Most 
coastal Regional and Area Contingency Plans (ACPs) now have 
preauthorization agreements in place for the use of dispersants and in-
situ burning. In order to ensure both government and industry 
preparedness to use all available response countermeasures, the NSCC 
incorporated additional recommended guidance regarding dispersants and 
in-situ burning into the various exercise objectives. In particular, 
the NSCC included in the draft Guidelines an exercise objective for 
industry IMT exercises to prepare and submit usage plans for Federal 
On-Scene Coordinator (FOSC) review and approval for each chemical, 
biological, or in-situ burning countermeasure that is cited as a 
response strategy within an Oil Spill Response Plan (OSRP) during the 
course of their exercise cycle. The NSCC has similarly incorporated a 
specific objective for Area-level IMT exercises to prepare usage plans 
and recommendations for FOSC review and approval for any chemical or 
biological countermeasures or in-situ burning that are identified as 
response strategies in the ACP. Finally, the NSCC has provided 
additional guidance necessary for properly conducting internal 
equipment deployment exercises of dispersant and in-situ burning 
equipment and procedures.
    Tidal Seal Boom Deployment: One commenter pointed out that under 
the previous Guidelines, only fifty feet of tidal seal boom need be 
deployed and that the revised version no longer included this 
information.
    Response: The statement ``Only 50 feet of this type of boom need be 
deployed'' has been included in this latest version of the draft 
Guidelines.
    Government-Initiated Unannounced Exercises (GIUEs): One commenter 
drew attention to the fact that guidelines for GIUEs are agency-
specific and that the NSCC gave a timeframe for when it will conduct 
unannounced exercises in the area.
    Response: The timeframe has been removed to harmonize the 
Guidelines.
    Area-Level Exercise Goals: One commenter noted that Area-level 
exercise goals appear aggressive and that some Area-level exercises 
approach a Spill of National Significance (SONS) in scope and 
complexity, and recommended that the Guidelines limit exercises to a 
single day.
    Response: NSCC members have determined that the language in the 
PREP Guidelines will remain the same. The NSCC does not want to limit 
the flexibility of Area Committees in designing exercises that meet 
their needs.
    Testing Geographic Response Plans (GRPs) during PREP Exercises: One 
commenter noted that GRPs and Geographic Response Strategies (GRSs), 
which have been incorporated into many ACPs, should be incorporated 
into PREP, tested during deployment exercises, and the resultant data 
collected to be used to improve the GRPs/GRSs.
    Response: The NSCC agrees that the targeted testing of certain GRPs 
and GRSs is a desirable preparedness activity that could improve the 
quality of the strategies contained within an ACP. The PREP Guidelines 
cover the testing of response strategies at Section 2, Guiding 
Principles, Subpart J, Area Exercises. The NSCC encourages Area 
Committees and FOSCs to consider exercising and evaluating GRPs as part 
of the Area Exercise Cycle, subject to their discretion and available 
funding.
    Removal of PREP Documentation and Certification Forms from 
Appendix: One commenter raised concern about the removal of the forms 
from the PREP Guidelines for documentation for self-certification.
    Response: The forms were removed from the PREP Guidelines to avoid 
the appearance that any particular form of documentation was required. 
While the forms are no longer in the Guidelines, industry may choose to 
use those or any other form or template, at their own discretion, for 
their internal documentation.
Multi-Agency Regulated Facility and Vessel Comments
    Complex Facilities Regulated by More Than One Federal Agency: One 
commenter raised concern that complex facilities are addressed by WCD 
amounts and not in average most probable discharge (AMPD) or maximum 
most probable discharge (MMPD).
    Response: The NSCC has updated the definitions for AMPD and MMPD 
with language about complex facilities similar to WCD for complex 
facilities regulated by more than one federal agency.
    Agency Jurisdiction for PREP with Respect to Mobile Offshore 
Drilling Units (MODU) and Floating Production, Storage, and Offloading 
(FPSO) Vessels: One commenter asked for clarification of agency 
jurisdiction for PREP with respect to MODUs and FPSO vessels.
    Response: MODUs and FPSO vessels may be properly characterized as 
both offshore facilities and vessels. Multi-function offshore units 
such as FPSOs and MODUs are regulated by both USCG and BSEE with 
respect to these different functions, and each agency will have its own 
separate jurisdiction and regulatory oversight of these functional 
areas. In addition, the USCG and BSEE have entered into a general 
Memorandum of Understanding (MOU), along with specific Memorandums of 
Agreement (MOAs), with respect to jurisdictional oversight. As such, it 
is up to each agency to provide guidance regarding the applicability of 
its regulations and PREP Guidelines. When MODUs and FPSO vessels are 
conducting operations as an offshore facility, the offshore facility 
PREP Guidelines overseen by BSEE apply. When MODUs and FPSO are 
operating as vessels, vessel PREP Guidelines overseen by USCG apply. 
BSEE and the USCG will work closely together to ensure a coordinated 
approach to PREP guidance and oversight with respect to these dual 
purpose entities whenever possible.
USCG-Regulated Vessels and Marine Transportation-Related Facilities 
Comments
    Economic Analysis for SMFF Requirements: Multiple commenters 
requested that an economic analysis be conducted for the PREP 
Guidelines regarding the SMFF exercise requirements.
    Response: The PREP Guidelines are voluntary guidelines that only 
provide optional, recommended methods for complying with the existing 
regulatory requirements. As such, economic analyses are not required to 
be prepared

[[Page 10708]]

for the PREP Guidelines. The regulations themselves were subjected to 
an economic analysis prior to their promulgation.\2\
---------------------------------------------------------------------------

    \2\ Economic analysis information is found in the preambles to 
the final rule for salvage and marine firefighting (73 FR 80618, 
December 31, 2008) and the final rule for nontank vessel response 
plans (78 FR 60099, September 30, 2013).
---------------------------------------------------------------------------

    To address the concern about the economic burden of new exercise 
requirements on vessel owners and operators, several modifications have 
been made to the PREP Guidelines as follows:
    1. To comply with PREP Guidelines, vessels must conduct a Remote 
Assessment and Consultation Exercise for Vessels annually. PREP 
exercise requirements for Remote Assessment and Consultation Exercises 
have been more completely defined to improve the effectiveness of 
response planning for this service.
    2. PREP exercises for SMFF emergency lightering and MFF services do 
not apply to NTVs with an oil capacity under 250 barrels.
    3. Plan holders may claim credit for combined PREP exercises, 
incidents, and in the case of SMFF, they may claim PREP exercise credit 
for non-emergency equipment deployments during large-scale operations.
    NTV and SMFF Definitions: Multiple comments were received asking 
for clarification of the definitions related to new NTV and SMFF 
regulations. In addition, one commenter noted that the PREP Guidelines 
emphasize spill cleanup; however, the principle purpose of SMFF is 
spill prevention and the commenter requested that spill prevention 
language be included in the PREP Guidelines.
    Response: The following definitions have been reviewed and/or 
updated within the PREP Guidelines: Marine Firefighting (MFF) 
Organization, Plan Holder, Primary Resource Provider, Resource 
Provider, Salvage Organization, SMFF Provider, and SMFF Response 
Services. The USCG has replaced the words ``spill response'' with 
``response, and ``spill management'' with ``incident management'' 
throughout the document to reflect that certain exercises may not 
include a spill, but rather the prevention of a potential spill.
    Remote Assessment and Consultation Exercises for Vessels--Value: 
Multiple commenters questioned the value of the remote assessment and 
consultation exercise. Others suggested that the exercise be applied to 
Vessel Response Plans (VRPs) instead of vessels.
    Response: These exercises ensure that professional remote 
assessment and consultation services can be effectively activated 
within one hour of the time anyone in the response organization 
receives notification of the spill or potential spill. The early 
initiation of a situational assessment by a competent SMFF professional 
may prevent potential spills from turning into spills, and prevent 
actual spills from escalating in size.
    Because of the short timeframe involved and the vessel-specific 
response required, this exercise must be conducted by each vessel 
covered under the response plan.
    Remote Assessment and Consultation Exercises for Vessels--
Participants: Several commenters expressed concern that the PREP 
Guidelines' remote assessment and consultation exercise description of 
participants did not reflect the process outlined in the VRP which 
involves initial notification via the QI. In contrast, one commenter 
said that since SMFF contractual agreements are directly between the 
owner/operator and SMFF provider, the remote assessment and 
consultation exercise participants should be the SMFF provider and 
vessel owner/operator, excluding the QI.
    Response: In response to these comments, the PREP Guidelines' new 
remote assessment and consultation exercise description reflects that 
participants should be consistent with the VRP for notification/
activation and provision of remote assessment and consultation 
services.
    Emergency Procedures Exercises for Vessels--Participating Elements 
and Applicability to SMFF Providers: One commenter asked for 
clarification about whether or not the emergency procedures exercise 
includes SMFF resource providers.
    Response: The PREP Guidelines' description of On-Board Emergency 
Procedures Exercise for vessels clearly indicates that the exercise 
applies to manned tank vessels and NTVs carrying oil as cargo or fuel, 
and that the participating elements are vessel personnel. Both the PREP 
On-Board Emergency Procedures Exercises and PREP's Remote Assessment 
and Consultation Exercises are based on scenarios found in the 
shipboard response chapter of the VRP. These exercises may be conducted 
separately. PREP allows exercises to be combined, and a vessel owner/
operator may choose to combine these two exercises to multiply the 
benefits obtained in terms of reinforcing the procedures to achieve 
quicker and more effective initial response to a spill or the threat of 
a spill.
    Incident Management Exercises for Vessels--Participating Elements: 
One commenter suggested that the plan holder be added to participating 
elements of the IMT exercise for vessels because plan holders should be 
aware of the IMT capabilities and their own requirements during an 
incident from one of their vessels.
    Response: The USCG agrees that the regulated party should be 
involved in the exercise, as reflected in the VRP. No change was 
necessary to reflect this.
    Shore-Based Salvage and Shore-Based MFF Exercises for Vessels--
Separate or Combined Exercises: Multiple commenters requested that the 
shore-based salvage and shore-based MFF exercises not be held 
separately from IMT exercises. Some suggested that the salvage and MFF 
exercises be combined with each other since the services for each will, 
in most cases, be provided by the same primary resource provider.
    Response: To comply with the PREP Guidelines, salvage and MFF 
components of the VRP must be exercised annually, either separately or 
combined. IMT, salvage, and MFF exercises may also be combined.
    It is a basic PREP tenet that plan holders may claim credit for 
exercises when conducted in conjunction with other exercises, and a 
proper record is generated. Credit should be claimed for an actual 
response when the objectives of the exercise(s) are met, the response 
is evaluated, and a proper record is generated. Third party salvage and 
MFF teams may provide documentation of their incidents and exercises to 
their clients, and their clients may claim credit for the portions of 
the exercise that are applicable to their VRPs.
    Shore-Based Salvage and Shore-Based MFF Exercises for Vessels--
Participating Elements: Several commenters requested that the vessel 
owner/operator be included as a participating element for the shore-
based salvage and shore-based MFF exercises.
    Response: The management team, as established in a plan holder's 
VRP, must participate in PREP annual shore-based exercises for salvage 
and for MFF. The vessel owner/operator is not necessarily part of the 
management team established in the VRP, but the vessel owner/operator 
(or representative) may participate in the exercise.
    SMFF Equipment Deployment Exercises for Vessels--Participating 
Elements: Multiple commenters requested removal of the requirement that 
all SMFF equipment-operating personnel participate in an annual 
equipment deployment exercises

[[Page 10709]]

because their routine work involves the deployment of this equipment.
    Response: SMFF providers may claim PREP exercise credit for 
operational equipment deployments if exercise objectives are met and a 
proper record is documented. This would include claiming credit for 
participation of all SMFF personnel that were involved in the 
operational deployment of the equipment.
    SMFF Equipment Deployment Exercises for Vessels--Exercise 
Documentation: One commenter recommended that all vessel plan holders 
identifying a contracted SMFF provider in their response plans must be 
able to document completion of SMFF equipment deployment requirements.
    Response: It is the vessel plan holder's responsibility to ensure 
that the contracted SMFF provider completes PREP equipment deployment 
exercise requirements. All vessel plan holders identifying a contracted 
SMFF provider in their response plans may claim PREP credit for their 
SMFF provider's equipment deployment exercises following receipt of 
exercise documentation from the provider.
    Equipment Deployment Exercises for Vessels--Regional Exercises: 
Some commenters recommended a regional approach to SMFF equipment 
deployment exercises involving exercises in the Atlantic, Gulf, and 
Pacific regions, conducted on a rotational basis once every three 
years.
    Response: When an SMFF provider proposes to conduct regional large-
scale equipment deployment exercises to meet equipment deployment 
exercise requirements for their clients, the provider should request 
Alternative Planning Criteria (APC) approval from the USCG for the 
proposed exercises as described in 33 CFR 155.1055 and 155.5067.
    All vessel plan holders identifying a contracted SMFF provider in 
their response plans may claim PREP credit for their SMFF provider's 
equipment deployment exercises following receipt of exercise 
documentation from the provider.
    GIUEs--SMFF Services: Multiple commenters recommended that GIUEs 
not apply to SMFF services.
    Response: SMFF GIUE requirements have been removed from this 
revision of the PREP Guidelines, and will not apply to SMFF services.
BSEE-Regulated Offshore Facilities Comments
    Notification Exercises for BSEE-Regulated Facilities: Three 
commenters raised concerns over the Notification Exercises for offshore 
facilities. One comment indicated that requiring notifications within 
two weeks of beginning operations was too vague. Another comment raised 
a concern that this two-week requirement may conflict with provisions 
established by plan holders in their OSRP. A third commenter suggested 
that the elements of information listed as objectives that must be 
communicated during Notification Exercises greatly exceeds what is 
currently contained within OSRPs or is required in the regulations.
    Response: Due to the criticality of the spill notification process 
to an effective response, BSEE strongly recommends testing the plan 
holder's notification processes very early in their operational 
lifecycle, as well as preparing to gather and convey as much pertinent 
information as possible, in the early phase of an incident. BSEE has 
amended the language to clarify that for 24-hour manned production 
facilities, a Notification Exercise should be conducted within two 
weeks of beginning production operations. BSEE did not amend the 
language that pertains to mobile drilling units in this section, as 
BSEE believes that OSRPs should align, to the maximum extent possible, 
with the guidance recommended in the PREP Guidelines, which provide 
important additional detail concerning the implementation of the 
regulations. BSEE acknowledges that the elements of information now 
requested for a Notification Exercise is more detailed than the 
information that is currently required by the regulations. As a result, 
BSEE has amended the language in this section to indicate that a plan 
holder should, rather than must, communicate as many of the elements of 
information as possible during the Notification Exercise.
    Deployment Exercises for Source Control, Subsea Containment, and 
Supporting Equipment: Two commenters raised concerns about exercises 
involving source control and subsea containment equipment. One 
commenter stated that there are high risks and time burdens associated 
with unannounced exercises of this equipment, and questioned their 
utility to demonstrate real readiness. One commenter stated that the 
costs associated with conducting annual or biennial deployment 
exercises for this equipment is too burdensome, and that such exercises 
should only be conducted when there has been a material change to 
equipment design, provider, or means of deployment, or at a minimum 
frequency of five years.
    Response: When source control, subsea containment, and supporting 
equipment are listed in an OSRP as a means for regaining control of a 
well and securing a threatened or actual discharge of oil, the PREP 
Guidelines allow for Regional BSEE Oil Spill Preparedness Division 
(OSPD) representatives to direct an OSRP holder to conduct a deployment 
exercise of this equipment. As the scope and cost of such deployment 
exercises can be quite large, BSEE does not intend to require plan 
holders or providers of source control, subsea containment, and 
supporting equipment to conduct deployment exercises at the same semi-
annual or annual frequency as required for other spill response 
equipment. BSEE also does not intend to routinely conduct GIUEs that 
include the deployment of source control, subsea containment, and 
supporting equipment as part of the scope of a GIUE; however, BSEE has 
the authority and retains the prerogative to require GIUEs that have 
the deployment of source control, subsea containment, and/or supporting 
equipment as an element of that exercise, or to require deployment 
exercises of this equipment that are coordinated in advance but have 
some elements and objectives that will remain undisclosed until the 
commencement of the exercise. As organizations that provide source 
control, subsea containment, and supporting equipment cover multiple 
plan holders, credit for any deployment exercise successfully conducted 
by such a service provider will be extended to all plan holders who 
contract with the provider for those services. This extension of credit 
does not extend to IMT exercises where the management and oversight of 
source control activities must be exercised to ensure proper 
integration with other surface response activities and the overall 
management of the incident. These IMT exercises must include 
interaction between officials from a plan holder's specific 
organization and its IMT, including those officials who would manage 
source control and subsea containment capabilities, and therefore 
should be conducted separately and singularly for each OSRP.
    GIUEs for BSEE-Regulated Facilities: One commenter requested 
clarification regarding whether there is an annual limit to the number 
of GIUEs that are conducted by BSEE.
    Response: The previous PREP Guidelines indicated that BSEE may 
exceed 50 GIUEs per year nationally. It is unlikely that BSEE would 
conceivably conduct 50 or more GIUEs in any given year. There is no 
specified limit to the number of GIUEs that BSEE may conduct in a 
calendar year. BSEE will use a number of factors that vary

[[Page 10710]]

from year to year in order to determine the need to conduct GIUEs, and 
will use risk-based decision-making tools whenever possible. The 
language in the revised Guidelines has been amended to indicate that 
the number of GIUEs conducted by BSEE will be determined by the BSEE 
OSPD Chief, and does not make any reference to a specific number that 
may be conducted in a given year.

V. Request for Comments

    The NSCC members request public comments on the updated draft PREP 
Guidelines, which are available in docket USCG-2011-1178 as described 
in the ADDRESSES section of this notice.

    Dated: February 23, 2015.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response 
Policy.
[FR Doc. 2015-04160 Filed 2-26-15; 8:45 am]
BILLING CODE 9110-04-P